Thông tư 07/2009/TT-BLDTBXH

CIRCULAR

GUIDELINES FOR SOME ARTICLE OF THE GOVERNMENT'S DECREE NO. 68/2008/ND-CP DATED MAY 30, 2008 ON CONDITIONS AND PROCEDURES FOR ESTABLISHMENT, ORGANIZATIONAL STRUCTURE, OPERATION AND DISSOLUTION OF SOCIAL PROTECTION ESTABLISHMENTS

Pursuant to the Government's Decree No. 186/2007/ND-CP dated December 25, 2007 on defining the functions, tasks, powers and organizational structure of the Ministry of Labour, War Invalids and Social Affairs;

pursuant to the Government's Decree No. 68/2008/ND-CP dated May 30, 2008 on conditions and procedures for establishment, organizational structure, operation and dissolution of social protection establishments (hereinafter referred to as Decree No. 68/2008/ND-CP;

the Ministry of Labor, War Invalids and Social Affairs hereby provide the following guidelines:

Article 1. Provision of community services

1. Guidelines for Clause 5 Article 4 of Decree No. 68/2008/ND-CP:

a) Individuals, families facing social issues are those who face difficulties and cannot fulfill their essential needs for meals, clothing, accommodation, healthcare, education; those who suffer from stress, mental crisis or difficulties in communication with others; troubled families facing dissolution or likely to fail to maintain the normal life of their members.

b) Provision of community services:

Accept and provision of care for people in need of urgent protection specified in Clause 2 Article 5 of Decree No. 68/2008/ND-CP;

Provision of consultancy on relationship-related issues and assistance in access to social service; organization of meetings and discussions to identify and resolve difficulties; assistance in terms of meals and temporary accommodation; provision of medical examination and treatment and education; assistance in vocational training, job seeking, income raising, entertainment and spiritual life;

Improvement of local officials’ and family member’s capacity for solving new issues that arise and overcoming difficulties;

Organization of activities aiming to assist the community, improve the ability to identify issues, formulate plans for mobilizing resources via programs and projects; organize implementation of the plans participated by the people, the elderly, the disabled and children to stimulate community development.

2. People in need of urgent protection mentioned in Clause 2 Article 5 of Decree No. 68/2008/ND-CP are those who face extreme difficulties and whose physical health, mental health or life will be threatened if not immediately accepted.

3. The acceptance of or provision of care for other people specified in Clause 4 Article 5 of Decree No. 68/2008/ND-CP in social protection establishments shall be decided by President of the People’s Committee of the province. Such people comprise:

a) Beggars; mentally ill people who threaten the safety of other people;

b) The people specified in Clause 1 Article 4 of the Government's Decree No. 67/2007/ND-CP dated April 13, 2007 on assistance for social protection beneficiaries (hereinafter referred to as Decree No. 67/2007/ND-CP) who are 18 years of age or older, living in social protection establishments and receiving adult education or vocational education;

c) Other people decided by the President of the People’s Committee of the province.

4. The quantity of people accepted by a public social protection establishment and level of voluntary contributions are subject to approval by its supervisory authority.

Article 2. Provision of care

Guidelines for Article 12 of Decree No. 68/2008/ND-CP:

1. Diet

A social protection establishment must provide adequate daily diet for its occupants. Apart from monthly allowance specified in Decree No. 67/2007/ND-CP a social protection establishment may raise contributions from other organizations, individuals and the community and engage in production to improve its occupants’ life.

2. Health care

A social protection establishment shall have medical workers, medical equipment and medicines to ensure provision of initial healthcare and emergency aid whenever necessary; keep a log, provide treatment and periodic healthcheck every 6 month and every year for every occupant. If the social protection establishment is tasked with rehabilitation, it must have rehabilitation experts and equipment.

3. Compulsory education and vocational training

A social protection establishment must ensure that its minor occupants receive compulsory education at public or private schools, continuing education centers or at the social protection establishment; vocation training shall be provided in accordance with Clause 1 Article 9 of Decree No. 67/2007/ND-CP.

4. Information and entertainment

A social protection establishment shall provide music training or organize weekly art performances, sports activities and entertainment; provide books, newspapers, magazines, reading rooms, radios and televisions to satisfy its occupants’ need for entertainment and information. Occupants capable of sports activities shall have at least one hour per day to participate in such activities that are suitable for their health and age.

Article 3. Procedures for accepting people in need of urgent protection

1. A social protection establishment shall immediately accept people in need of urgent protection as follows:

Step 1. Make out an acceptance note bearing the signatures of the person who found the person or representative of the organization that found the person or the commune government and the establishment’s representative. If the person in need of urgent protection is a victim of domestic violence, sexual abuse, human trafficking or coercive labor, the acceptance note must bear the person’s signature.

Step 2. Assess the accepted person’s injuries and ability to recover to make proper intervention

Step 3. Provide protection and treatment of the person’s physical or mental injuries by means of medical care, treatment, consultancy or psychotherapy.  If the person in need of urgent protection is an abandoned child, a notification shall be posted through the mass media for 30 days.

Step 4. Investigate the accepted person’s family and personal information to decide whether to provide him/her with long-term or midterm care or send him/her back to his/her family or community under the protection and assistance of the commune government.

An abandoned child shall be returned to his/her family, relatives or sent to an alternative family or raised within the social protection establishment;

A victim of domestic violence, sexual abuse, human trafficking or coercive labor, the acceptance note must bear the person’s signature shall be provided with consultancy or psychotherapy before he/she is returned to his/her family or community.

Step 5. Complete the procedures and documents about the accepted person as prescribed. An abandoned child shall be granted a birth certificate in accordance with civil registration laws.

2. A person in need of urgent protection may be accepted by a public social protection establishment immediately and within the day, if possible. The temporary care duration and time limit for completion of procedures shall not exceed 30 days from the date of acceptance. Extension of the aforementioned time limit shall be decided by the supervisory authority.

Article 4. Implementation

1. Social protection establishments

Pursuant to Decree No. 68/2008/ND-CP each social protection establishment shall:

a) Formulate a plan for organizational structure and personnel; improvement and completion of infrastructure and equipment. The plan of a public social protection establishment shall be submitted to its supervisory authority for approval;

b) Seek funding from other organizations and individuals; manage the funding in accordance with law to improve the occupants’ physical and spiritual life;

c) Prepare revenue and expenditure estimations and financial statements in accordance with law;

d) Submit periodic and ad hoc reports on its operation to its supervisory authority and the People’s Committee at the same level according to Form No. 6 enclosed herewith.

2. The People’s Committees of districts and provinces shall:

2.1. Decide establishment or dissolution of social protection establishments under their management.

2.2. Request professional agencies to:

a) Formulate plans and instruct social protection establishments that are established before the effective date of Decree No. 68/2008/ND-CP to adapt to the conditions specified in Chapter II of Decree No. 68/2008/ND-CP within 36 months. Social protection establishments that are established after the effective date of Decree No. 68/2008/ND-CP shall comply with its provisions;

b) Provide instructions; manage and inspect the social protection establishments under their management;

c) Prepare cost estimates; provide funding for provision of care and subsistence allowance for occupants of public social protection establishments in accordance with Decree No. 68/2008/ND-CP; provide funding for provision of care for people acceptance of whom is approved by competent authorities;

d) Receive and process applications for establishment of social protection establishments in accordance with Decree No. 68/2008/ND-CP;

dd) Consider and request provision of housing and land support for social protection establishments;

e) Submit periodic and ad hoc reports on operation of social protection establishments under their management to the Labor, War Invalids and Social Affairs authorities and the People’s Committee at the same level before June 15 and December 15.

3. Ministries and regulatory bodies shall

3.1. Decide establishment or dissolution of public and non-public social protection establishments under their management.

3.2. Request professional agencies to:

a) Formulate plans and instruct social protection establishments that are established before the effective date of Decree No. 68/2008/ND-CP to adapt to the conditions specified in Chapter II of Decree No. 68/2008/ND-CP within 36 months. Social protection establishments that are established after the effective date of Decree No. 68/2008/ND-CP shall comply with its provisions;

b) Provide instructions and inspect the social protection establishments under their management;

c) Prepare cost estimates and provide adequate funding for social protection establishments under their management;

d) Receive and process applications for establishment of social protection establishments in accordance with Decree No. 68/2008/ND-GOVERNMENT;

dd) Submit annual reports on operation of social protection establishments under their management to the Ministry of Labor, War Invalids and Social Affairs before December 31 and submit ad hoc reports on request.

4. This Circular comes into force after 45 days from the day on which it is signed.

5. Circular No. 10/2002/TT-BLDTBXH dated June 12, 2002 of the Ministry of Labor, War Invalids and Social Affairs providing guidelines for the Statute establishment and operation of social protection establishments promulgated together with the Government's Decree No. 25/2001/ND-CP dated May 31, 2001 and provisions that contravene this Circular are abolished.

6. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Labor, War Invalids and Social Affairs, relevant Ministries and regulatory bodies for instructions.