on appropriate human resources and family issues, it will be used as a basis for resolving disputes and as a basis for applying other legal norms. In cases where customs and practices regarding marriage and family are not suitable, they will not apply.
+ In the case of the same relationship, each locality has different customs and practices regarding marriage and family. The determination of the rights and obligations of the parties in this case will be resolved according to customs and practices regarding marriage and family in the place of common residence or customs and practices regarding marriage and family where the husband and wife have common property.
3.3.2. Complete solutions in the field of law enforcement
220.127.116.11. Strengthen and develop the team of law enforcement officers, pay attention to training ethnic minority officers
Faced with the country's socio-economic development needs, the staff of judicial agencies in general is assessed by the Politburo:
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... The team of judicial officers and judicial assistants is lacking; The professional qualifications and political will of a portion of officials are still weak, and some officials even have a decline in quality, ethics, and professional responsibility. There are still unjust and wrong situations... The judicial agencies' facilities and working facilities are still inadequate and outdated... [2, p. first].
For mountainous, remote and remote areas, the composition and quality of the staff in these areas are still very limited, especially at the commune level. Therefore, the current urgent issue at the commune level is:
Must improve the quality of staff, including educational level, management level, general work management capacity, organizational structure, mainly staff arrangement structure, quantity and quality. Officials in mountainous, highland and ethnic minority communes, facing the demands of implementing democratic regulations at the grassroots level, are posing a series of problems that sectors and levels need to pay attention to solving, not only immediate but also long-term [57, p . 21-22].
In order for ethnic minorities to understand and implement the elimination of backward customs and practices, and to promote good customs and practices in accordance with the provisions of law, it requires a team of officials. Ministry understands the law and grasps the characteristics of ethnic groups.
Therefore, training and fostering staff at the commune level is necessary because:
The key staff at the grassroots level are people who understand the people, understand the characteristics of the situation, customs and practices of the locality. They are the bridge between the masses and the Party and State. It is necessary to equip key staff at the grassroots level with necessary legal knowledge through training sessions, training and refresher courses [22, p. 145].
To build a synchronized team of officials at the commune level, it is necessary to:
- Conduct surveys and review the structure and composition of staff, paying special attention to ethnic minority staff in terms of qualifications, capacity and qualities. Thereby, to have a plan to train and build a team of commune-level officials in general and justice and civil status officials in particular with sufficient capacity and quality. At the same time, there are reasonable remuneration and allowance policies and regimes for officers working in law enforcement.
- There needs to be a program and plan to select virtuous people with professional qualifications and capacity to organize training in law majors (intermediate law school, in-service law to update and equip legal knowledge). systematically). Innovate and rejuvenate the staff, combine ages, ensure continuity, inheritance and development. For mountainous areas, there is a particularity that needs to be taken into account, which is that these selected people need to know two languages: Vietnamese (Mandarin) and the ethnic language at the workplace. So that when training is complete, they can return to serve in their local areas.
In addition, in order to form a team of qualified law enforcement officers in mountainous, remote and mountainous areas, the State needs to have special preferential policies to attract such teams. group of young intellectuals who have just graduated from school
to work in these areas. Because every year the number of students graduating is very large, but the number of students getting jobs is not many for many different reasons. Therefore:
It is best to bind them by a contract to forgive student loans during the study support process. Because, many poor students with difficulty in studying expenses need support from the State. After graduation, students who want to clear the above loans must accept to work in a mountainous locality for a period of 3 to 5 years and receive full salary as well as current incentives. By doing so, there will be a team of students who accept jobs in mountainous localities after graduating. On the other hand, the State will not need to spend large sums of money to train and improve the working capacity of officials and civil servants whose quality is not guaranteed [55, p . 13].
18.104.22.168. Improve the capacity and responsibility of State agencies, social organizations and officials working in these agencies and organizations in implementing the Party's guidelines and policies and the State's laws
Currently, in mountainous communes, remote areas, the executive and leadership capacity of the People's Council and People's Committee is still very limited. The relationship and coordination regulations between the People's Council, People's Committee, Fatherland Front and member organizations have not yet established a routine, and there are still many difficulties and obstacles in implementing policies and guidelines. Party policies and State laws. In there:
Many grassroots party organizations are still confused and have not been able to reveal the possibilities and direction of the socio-economy; still inadequate in response to urgent local requirements such as: restructuring crops and livestock; poverty reduction; overcome drug addiction and superstition; population work - family planning; sending children to school and improving people's knowledge in general. The above problems are rarely discussed
Party committees actively discussed or discussed but still could not find a solution [57, p. 28].
Therefore, in the near future it is necessary to:
- There is synchronous coordination between local authorities and organizations such as youth, women, and farmers to improve the effectiveness of State management through the role of the People's Council, People's Committee and the activities of membership organization at the commune level. Paying attention and focusing on promoting the role of the above-mentioned mass organizations will contribute significantly to the implementation of socio-economic development policies and ethnic policies of the Party and State. Therefore, paying attention to the staff in these organizations will have a great effect in improving legal culture and legal knowledge for the people because when they have access to information and content, With new content, they quickly and promptly disseminate it to the people, and the information they provide is easier for people to hear and follow in a more convenient and easier way.
- To improve the operational capacity of the above agencies and organizations, along with promoting education and training of staff, it is necessary to invest in physical facilities (construction, repair, etc.) People's Committee headquarters, purchasing tables and chairs, the commune's radio station, designing reasonable working rooms...) to serve the work of this team of officials.
22.214.171.124 Promote propaganda, dissemination and legal education to raise legal awareness for ethnic minorities
For ethnic minorities in mountainous areas, the level of socio-economic development is still low, the economy is still largely self-sufficient. Currently, our Party and State have many policies and measures to accelerate economic development in these regions.
Promoting socio-economic development will create a favorable basis for law dissemination and education; At the same time, disseminating and educating good laws will contribute to enlightening people of all ethnic groups about their responsibilities
responsibilities and obligations in the cause of building and protecting the country according to socialist orientation... [22, p. 174].
Resolution No. 48-NQ/TW dated May 24, 2005 of the Politburo on the Strategy for building and perfecting the Vietnamese legal system to 2010, with an orientation to 2020, pointed out one of the solutions. Effective law enforcement means developing information systems and disseminating legal education.
Develop the information system and disseminate legal education, develop and implement the National Program on long-term legal dissemination and education. Form the National Legal Information Center, develop the legal information network. Encourage organizations and individuals to invest in developing information, consulting, and legal support services to meet the diverse needs of the people and in accordance with the law. Promote legal aid activities for the poor and policy beneficiaries towards socialization. Enhance the exchange of legal information with international organizations and countries, first of all with ASEAN member countries .
Therefore, in order for people to consciously comply with the law, it is necessary to improve their intellectual level and legal understanding. An effective and practical measure to improve people's intellectual level and legal knowledge is to disseminate; legal education. Strengthen propaganda, dissemination and legal education so that ethnic minorities understand the provisions of the law. Thereby, it partly helps them understand their rights and obligations, limit and prevent unnecessary violations of the law in general and on Human Resources and Family in particular. Create favorable conditions for state agencies in resolving arising disputes, contributing to building good, progressive conventions in accordance with law and social ethics.
In order to effectively propagate, disseminate and educate the law for ethnic minorities, thereby improving the legal awareness capacity of ethnic minorities, it is necessary to organize training and education. law
for the team of village elders and village chiefs; Combine many forms and measures of legal propaganda for each specific subject.
- Organize training and legal education for village elders and village chiefs.
The traditional society of ethnic minorities is an agricultural society. Understanding the laws of nature, weather, environmental conditions and farming and production methods, behavioral relationships,
etc. are mainly based on experience. This experience is mainly based on age, the older you are, the more experience you have. Therefore, age is a symbolic value in agricultural society in general and in ethnic minorities in particular. The long-term existence and impact of village elders and village chiefs on the social life of ethnic groups is also due to the position and role of kinship relations, family institutions and especially the position and role of Customary laws or practices in regulating social relations of ethnic minorities [57, p. 50].
Village elders and village chiefs are reputable people who play an important role in maintaining village customs and practices and deciding to solve problems that arise among villagers.
The village elder is a person who has accumulated a lot of experience and has a deep understanding of business practices, customs, and domestic and foreign relations. All disputes over land, water sources, and forest products must be resolved by village elders. The village elder is the highest advisor on customs, practices, production experience, and human behavior for individuals and the whole community. Village elders play the role of leading their people [22, p. 116].
However, cases conducted by village elders and village chiefs are often based only on life experiences, ethics, customs and practices that have existed for many generations, so there are cases that are resolved in accordance with the law. and social ethics, but there are also cases where the results achieved are still limited
because it is influenced and influenced by backward customs and practices that are inconsistent with the provisions of law and progressive customs and practices. Meanwhile, the State and commune-level authorities do not have specific orientations or plans to manage and provide professional guidance for these subjects.
To overcome the above situation, it is thought that the team of village elders and village chiefs is the first group that needs to influence to bring the law into the lives of ethnic minorities.
In the villages of ethnic minorities, the village chiefs are people with very high prestige among the villagers. Therefore, the State needs to have specific policies and guidelines for legal professional training for these subjects. It is the village elders and village heads who will be a very important bridge in bringing the Party and State's legal policies to the people [26, p. 74].
However, " village elders, village chiefs, and clan heads still carry heavy feudal-patriarchal ideology, so convincing them is not simple; it is necessary to be persistent, understand psychology, respect and have adequate encouragement" [22, p. 146].
- It is necessary to combine many measures and forms of legal propaganda for each specific subject.
Due to the low educational and cultural level of ethnic minorities, their lifestyle and actions are deeply influenced by local customs and practices, and most of them are not fluent in the Kinh language. Therefore, it is difficult to acquire legal knowledge. To eliminate the influence and influence of customs and practices on the lives of ethnic minorities and guide them to have living habits and obey the law, it is necessary to improve people's knowledge, understanding, and awareness. knowledge of ethnic minorities. To do this, the State needs to pay attention to propaganda, dissemination, and legal education among the people in general and ethnic minorities in particular.
In order for legal propaganda, dissemination, and education to be effective, it is necessary to have diverse and abundant means and forms of propaganda such as books, newspapers, pictures, radio, television, etc., especially organizations. printing a number of basic legal documents such as the Constitution, Civil Code, Law on Human Resources and Family into ethnic languages to serve ethnic minorities. However, appropriate to the specific circumstances and conditions of each locality and each ethnic group, there are appropriate propaganda methods and measures because:
There are places where the government organizes meetings and invites reporters to present very methodically, but in the end people still do not understand and do not see the need to register marriage, but in other places, just a very simple sentence from officials or village elders, but if it suits the people, everyone will immediately go to register their marriage [28, p. 9-10].
In addition, state agencies and socio-political organizations need to have synchronous coordination in propagating legal policies to mountainous people. Should the State invest a sum of money to open professional training classes on legal policies and training for officials, communes, villages, women's and youth organizations? Because local officials and union officials are the ones who come into contact with ethnic people every day and are mostly ethnic people themselves, they will have a great effect in propagating and disseminating the law. law among the people. Particularly in the field of Human Resources and Family Affairs, it is necessary to train a team of commune judicial officers who are ethnic minorities or know the ethnic language, and have professional legal training (currently in mountainous communes, judicial officers The majority of people have just gone through professional training courses on civil status organized by the Department of Justice, the Justice Department or the Ministry of Justice) and have separate remuneration policies for officials who are ethnic minorities and civil status officials. ministries working in remote areas to encourage them to work with peace of mind. This problem is long-term and requires appropriate attention and investment to definitely bring results.