Accordingly, considering the proposal of the Ministry of Culture, Sports and Tourism in Report No. 169/BC-BVHTTDL dated May 21, 2025 on stopping the task of preparing a dossier to propose the development of a Decree regulating family work (amending and supplementing Decree No. 02/2013/ND-CP dated January 3, 2013), Deputy Prime Minister Mai Van Chinh has the following instructions:
Basically agree with the proposal of the Ministry of Culture, Sports and Tourism in Report No. 169/BC-BVHTTDL dated May 21, 2025.
The Ministry of Culture, Sports and Tourism shall preside over and coordinate with relevant ministries, agencies and localities to focus on effectively implementing legal provisions on family work and domestic violence prevention and control, ensuring consistency with reality; proactively review and detect problems, proactively propose to the Government to promptly amend and supplement legal provisions on family work and carry out registration for the development of Decrees in accordance with the provisions of the Law on Promulgation of Legal Documents and related legal provisions.
Regulations on Database on Prevention and Control of Domestic Violence
Previously, the Ministry of Culture, Sports and Tourism issued Report No. 169/BC-BVHTTDL dated May 21, 2025 reporting to the Prime Minister on the proposal to develop a Decree amending and supplementing Decree No. 02/2013/ND-CP dated January 3, 2013 of the Government regulating family work.
Accordingly, implementing the Law on Promulgation of Legal Documents (2025), Decree No. 78/2025/ND-CP dated April 1, 2025 of the Government detailing a number of articles and measures to organize and guide the implementation of the Law on Promulgation of Legal Documents (2025); at the same time, in order to avoid wasting resources in developing legal documents, the Ministry of Culture, Sports and Tourism has proactively reviewed and re-evaluated the necessity and urgency of developing a Decree amending and supplementing Decree No. 02/2013/ND-CP and found that:
Firstly, the proposal to develop a Decree amending and supplementing Decree 02/2012 attached to Submission No. 14/TTr-BVHTTDL dated January 13, 2025 of the Ministry of Culture, Sports and Tourism is carried out in accordance with the provisions of the Law on Promulgation of Legal Documents 2015 (amended and supplemented in 2020).
Currently, according to the provisions of Clause 1, Article 26 of Decree No. 78/2025/ND-CP dated April 1, 2025 of the Government detailing a number of articles and measures to organize and guide the implementation of the Law on Promulgation of Legal Documents (2025).
The drafting of Decrees, Decrees amending and supplementing the provisions in Points b and c, Clause 1, Clause 2, Article 17 of the Law shall be registered in the Working Program of the Government and the Prime Minister according to the Working Regulations of the Government, except in cases where the Government and the Prime Minister direct the promulgation of Decrees. Therefore, continuing to make proposals for drafting Decrees is no longer appropriate.
Second, some provisions in the Decree do not meet the practical requirements of family work in the new situation according to Submission No. 14/TT-BVHTTDL dated January 13, 2025 of the Ministry of Culture, Sports and Tourism.
The issues reflected in the Report were compiled by the Ministry of Culture, Sports and Tourism after 10 years of implementing Decree No. 02/2013/ND-CP. At the time of the compilation and submission to the Prime Minister, there were no clear regulations on changing the organization of the local government apparatus. The amended legal documents also did not clearly define the scope, subjects of regulation and content of the regulations.
Some contents have been stipulated in other legal documents, for example, implementing gender equality in the family, protecting, caring for, and educating children in the family, caring for the elderly; building a network of population collaborators participating in the work of preventing and combating domestic violence in the community.
Currently, the Government is drafting the Population Law and has submitted it to the National Assembly for consideration and approval at the 10th session (October 2025), which has identified the content related to state management of population and family.
For the 2 tasks: (1) "Issuing a set of sample documents on pre-marital education; certificate of completion of pre-marital knowledge training course"; (2) "Decentralizing the authority to grant licenses to facilities providing marriage and family counseling, providing education on knowledge and skills for organizing family life for people preparing to get married" in Resolution No. 04/NQ-CP, which have been respectively stipulated in Clause 3, Article 48 of the Law on Prevention and Control of Domestic Violence and Decree No. 76/2023/ND-CP dated November 1, 2023 of the Government detailing a number of articles of the Law on Prevention and Control of Domestic Violence.
In addition, the Party and the State are reorganizing the two-level local government apparatus and amending many legal documents related to decentralization of state management, including state management of family affairs. Therefore, amending Decree No. 02/2013/ND-CP at this time to specify the two tasks in Resolution No. 04/NQ-CP is not really urgent and may cause waste of resources.
From the results of the implementation of the task, the Ministry of Culture, Sports and Tourism proposes and requests the Prime Minister to: Allow the Ministry of Culture, Sports and Tourism to stop implementing the task specified in Section 3, Point B.16 of the Appendix to the List of legal documents that need to be amended, supplemented or newly issued to implement decentralization in state management issued together with Resolution No. 04/NQ-CP; stop performing the task of preparing a dossier to propose the development of a Decree regulating Family Work.
Assign the Ministry of Culture, Sports and Tourism to continue effectively implementing Decree No. 02/2013/ND-CP; based on relevant legal provisions and practical situation, proactively propose to the Government to amend and supplement Decree No. 02/2013/ND-CP when really necessary and carry out registration for the development of the Decree according to the provisions of Article 26 of Decree No. 78/2025/ND-CP.
Source: https://bvhttdl.gov.vn/dung-thuc-hien-nhiem-vu-lap-ho-so-de-nghi-xay-dung-nghi-dinh-quy-dinh-ve-cong-tac-gia-dinh-20250603084037503.htm
Comment (0)