Thông tư liên tịch 134/2013/TTLT-BTC-BLDTBXH

JOINT CIRCULAR

PURPOSES AND LEVELS OF EXPENDITURES ON VICTIMS ASSISTANCE MENTIONED IN THE DECREE NO. 09/2013/ND-CP DATED JANUARY 11, 2013, WHICH PROVIDES GUIDELINES FOR THE LAW ON PREVENTION OF HUMAN TRAFFICKING

Pursuant to the Law on Prevention of Human trafficking dated March 29, 2011;

Pursuant to the Government's Decree No. 09/2013/ND-CP dated January 11, 2013 on guidelines for the Law on Prevention of Human trafficking (hereinafter referred to as the Decree No. 09/2013/ND-CP);

Pursuant to the Government's Decree No. 118/2008/ND-CP dated November 27, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

Pursuant to the Government's Decree No. 106/2012/ND-CP dated December 20, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;

The Minister of Finance and the Minister of Labor, War Invalids and Social Affairs promulgates a Circular on purposes and levels of expenditures on victims assistance mentioned in the Decree No. 09/2013/ND-CP dated January 11, 2013 on guidelines for the Law on Prevention of Human trafficking.

Article 1. Scope and subjects

1. Scope:

a) This Circular deals with purposes and level of expenditures on victim assistance; benefit for victims mentioned in the Decree No. 09/2013/ND-CP according to annual government budget estimate according to the Law on State budget and its guiding documents.

b) If funding for victim assistance is provided by another donor in Vietnam or overseas, victim assistance shall be provided in accordance with regulations of the Ministry of Finance and the donor; if the donor (or their authorized representative) and the Ministry of Finance has not had an agreement on expenditure levels, those in this Circular shall apply.

2. Subjects: this Circular is applied to organizations and individuals that spend funding provided by government budget on provision of victim assistance and other benefit for victims.

Article 2. Funding sources

1. Central government budget shall provide funding for victim assistance and direct provision of benefit for victims according to annual estimates of budget expenditures of Ministries and local authorities as prescribed by the Law on State budget.

2. Local government budget shall support victim assistance centers in fulfilling victims’ essential needs, covering costs of traveling, healthcare, and psychological counseling mentioned in Article 19, Article 20, and Article 21 of the Decree No. 09/2013/ND-CP The expenditure levels depend on the number of victims assisted by each center.

3. Sponsorship of other entities in Vietnam and overseas.

4. Other lawful sources prescribed by law.

Article 3. Purposes and levels of expenditures on victim assistance

Purposes and levels of expenditures on victim assistance must comply with current spending practice of regulatory bodies and public service providers. Some purposes and levels of expenditures in this Circular:

1. Expenditure on employment of officials serving identification, receipt, rescue, protection of victims, and sending victims to their homes; expenditures on conventions, conferences, and expertise training.  Purposes and levels of expenditures must comply with the Circular No. 97/2010/TT-BTC dated July 06, 2010 on expenditures on business trips and conventions of regulatory bodies and public service providers.

2. Expenditure on international cooperation in receipt and identification of victims. Purposes and levels of expenditures must comply with the Circular No. 102/2012/TT-BTC dated June 21, 2012 on funding for business trips to abroad of officials provided by government budget; the Circular No. 01/2010/TT-BTC dated January 06, 2010 on expenditures on receiving foreign guests that come to work in Vietnam, expenditures on international conventions and conferences in Vietnam, and expenditure on reception of visitors in Vietnam; the Circular No. 219/2009/TT-BTC dated November 19, 2009 on expenditures on projects/programs funded by ODA and the Circular No. 192/2011/TT-BTC dated December 26, 2011 on amendments to the Circular No. 219/2009/TT-BTC

3. Overtime pay, nightshift pay: applicable regulations of law on overtime pay, nightshift pay for officials shall apply.

4. Expenditure on development of database and update of information about victims: purposes and levels of expenditures must comply with the Circular No. 19/2012/TTLT-BTC-BKH&DT-BTTTT dated February 15, 2012 of the Ministry of Finance, the Ministry of Planning and Investment, and the Ministry of Information and Communications on management and use of funding for implementation of National Programs for Application of Information technology to operations of regulatory agencies, and the Circular No. 194/2012/TT-BTC dated November 15, 2012 of the Ministry of Finance on expenditure on creation of electronic information for maintaining continuous operation of agencies using government budget.

5. Expenditure on special equipment for identification, receipt, rescue, and protection of victims must comply with applicable regulations of law on bidding.

6. Expenditures on communications, printing, stationery, and other expenditures on victim assistance: Expenditure levels are determined according to valid invoices and within the estimated expenditure approved by a competent authority.

7. Expenditure on making victims’ profiles: VND 100,000 per profile (including pictures, identification record, and transfer record).

8. Expenditure on support for participants in victim management, protection that are not paid by government budget. The maximum expenditure is VND 100,000/person/day.

9. Payment for officials that provide psychological counseling. The payment is VND 10,000/patient/time. The total payment must not exceed VND 500,000/official/month.

Article 4. Purposes and levels of expenditures on direct benefit for victims

1. Expenditure on fulfillment of essential needs and traveling costs according to Article 19 of the Decree No. 09/2013/ND-CP:

a) Funding for food while victims are staying at the social protection establishment or victim assistance center (hereinafter referred to as center): minimum payment is VND 30,000/person/day. The maximum duration of this kind of support by government budget is 60 days.

b) Funding for clothing, personal belongings: while staying at the center, each victim is provided with 02 outfits, 02 sets of underwear, a towel, slippers, a toothbrush, toothpaste, soap, tampon (for female victims) The payment must not exceed VND 400,000 per person.

c) Payment for food and traveling cost and for victims that wish to go home but fail to pay such cost:

- Traveling cost: depends on ordinary public transport charges. If the victim is underage, the receiving or rescuing body must appoint an official to take him/her home by the vehicle of the center. In this case, the cost varies according to the distance and fuel consumption; if the vehicle is hired, the charge shall be agreed in writing and suit local charges at that time.

- Payment for food in transit: at least VND 40,000/person/day. The maximum duration is 5 days.

2. Expenditure on healthcare according to Article 20 of the Decree No. 09/2013/ND-CP:

a) Allowance for ordinary medicine: 50,000/victim while staying at the center.

b) If a victim has a serious disease and needs to be treated at a medical facility, the treatment cost shall be paid by the victim or his/her family.

- Victims that are members of poor households, privileged families defined by Ordinance on incentives for revolution’s contributors, and underage victims shall be given an allowance for treatment cost by the center, which is equal to the amount paid by health insurance fund for corresponding policyholders.

- Victims without family shall have be given an allowance for treatment cost by the center, which is equal to the amount paid by health insurance fund for members of poor households.

- If the victim has an unexpired health insurance card, the treatment cost shall be covered by health insurance fund.

c) If the victim dies while staying at the center, if the victim’s family does not show up after 24 hours as from a competent authority gives a conclusion, or the victim’s family is not able to arrange a funeral, the center shall bury the victim.  The forensic cost and burial cost shall be covered in accordance with regulations of social protection establishments.

3. Expenditure on compulsory education, vocational training, and support for overcoming initial difficulties according to Article 23 of the Decree No. 09/2013/ND-CP:

a) Funding for compulsory education or vocational training:

- Victims shall have tuition fees exempt or reduced, and receive allowance for education cost in accordance with the Government's Decree No. 49/2010/ND-CP dated May 14, 2010 on exemption, reduction of tuition fee, allowance for education cost applied to educational institutions that belong to national education system from school year 2010 - 2011 to school year 2014 - 2015, the Government's Decree No. 74/2013/ND-CP dated July 15, 2013 on amendments to the Decree No. 49/2010/ND-CP and its guiding documents.

- In case a victim chooses a basic vocational training program that lasts less than 03 months, the tuition fee shall be paid in a lump sum. The level of allowance for short-term vocational training provided by local vocational training centers are equal to the tuition fees. However, they must not exceed the levels in the Prime Minister’s Decision No. 1956/QD-TTg dated November 27, 2009 of the Prime Minister on approval for the Scheme for provision of vocational training for rural workers and its guiding documents.

b) Minimum allowance for helping victims of poor households in overcoming initial difficulties is VND 1,000,000 per victim.

Article 5. Purposes and levels of expenditures on victim assistance while their repatriation is being prepared by a Vietnam’s representative body overseas

1. Funding shall be provided by Fund for Protection of overseas Vietnamese citizens and entities in accordance with the Prime Minister’s Decision No. 119/2007/QD-TTg dated July 25, 2007 and the Circular No. 92/2013/TT-BTC dated July 08, 2013 on financial management of this Fund.

2. While pending verification and completion of procedures for repatriation, victims shall have their essential needs fulfilled and traveling cost covered if needed according to Article 33 of the Law on Prevention of Human trafficking. Specific purposes and levels of allowances:

a) Payment for food and temporary accommodation for victims: apply the minimum living costs in Point 2 Part II of Circular No. 29/2006/TTLT-BNG-BNV-BTC-BLDTBXH dated November 08, 2006 of the Ministry of Foreign Affairs, the Vietnam party, the Ministry of Finance, and the Ministry of Labor, War Invalids and Social Affairs on guidelines for the Government's Decree No. 157/2005/ND-CP dated December 23, 2005, which provides for benefits of officials during their term of office at Vietnam’s representative bodies overseas, and the Circular No. 01/2010/TTLT-BNG-BNV-BTC-BLDTBXH dated April 27, 2010 of the Ministry of Foreign Affairs, the Ministry of Home Affairs, the Ministry of Finance, the Ministry of Labor, War Invalids and Social Affairs on amendments to the Circular No. 29/2006/TTLT-BNG-BNV-BTC-BLDTBXH.

b) Provision of clothing, essential personal belongs, means of transportation at the host country, and other necessary expenditures pertaining to procedures for repatriation such as: overstay charge, airport charge, repatriation documentation charge, security cost, translation cost.  The level of expenditure shall be decided by the Vietnam’s representative body overseas according to receipts and in the most economic way.

c) Levels of allowances for air/train/bus tickets for victims that wish to go home without being able to pay for the tickets (provided by the Vietnam’s representative body overseas) depend on the prices of ordinary tickets for taking them to the border checkpoint (by land, sea, or air).

d) While pending repatriation, if the victim is sick and needs treatment at a local hospital, the Vietnam’s representative body overseas shall aggregate relevant expenditures and receipts to consider giving allowances on a case-by-case basis. In case the victim dies, the Vietnam’s representative body overseas shall consider providing allowances for burial/cremation cost, or cost of repatriating the victim’s body to his/her home country in the most economic way.

Article 6. Estimating, provision, and declaring funding for provision of assistance and benefit for victim

1. Funding for provision of assistance and benefit for victims shall be estimated and declared in accordance with the Law on State budget and its guiding documents.

2. According to Clause 3 Article 3 of the Decree No. 09/2013/ND-CP support for victim assistance centers shall be provided by local budget as follows:

a) Every year, by the deadline for making state budget estimates, Services of Labor, War Invalids and Social Affairs shall estimate the funding for victim assistance centers according to the purposes and levels of expenditure on provision of benefit for victims mentioned in Clause 9 Article 3, Clause 1 and Clause 2 Article 4 of this Circular, and the estimated number of victims staying at local centers, make an estimate of support for victim assistance centers, aggregate them in regular expenditure estimates of Services of Labor, War Invalids and Social Affairs, and send them to Services of Finance for consideration. The estimates shall then be sent to competent authorities for approval.

b) Every 3 months or 6 months, in consideration of the number of victims staying at the victim assistance center, the victim assistance center shall send a written request to the Service of Labor, War Invalids and Social Affairs for provision of support for victims according to Clause 9 Article 3, Clause 1 and Clause 2 Article 4 of this Circular together with the following documents:

- A table of expenditures that need funding;

- A list of victims that need support (specify the stay of each victim at the center);

- A victim transfer not between the receiving body, rescuing body, and the victim assistance center (if any);

- A list of official assigned to provide psychological counseling;

- Receipts of expenditures on victim assistance (for comparison) that are kept by the victim assistance center.

c) Within 15 working days from the day on which sufficient documents are submitted by the victim assistance center, the Service of Labor, War Invalids and Social Affairs shall verify them and provide funding for the victim assistance center.  If support is refused, written explanation must be provided.

3. Services of Labor, War Invalids and Social Affairs shall request the People’s Committees of provinces to decide appropriate levels of support according to the levels of expenditure prescribed in this Circular.

Article 7. Implementation

1. This Circular takes effect on November 10, 2013.

2. The Circular No. 116/2007/TTLT-BTC-BLDTBXH dated September 27, 2007 of the Ministry of Finance, the Ministry of Labor, War Invalids and Social Affairs on purposes and level of expenditure on identification, receipt, and provision of assistance in reintegration for trafficked women and children victims that return from abroad under the Prime Minister’s Decision No. 17/2007/QD-TTg dated January 29, 2007 and the Circular No. 113/2010/TTLT-BTC-BLDTBXH dated August, 03, 2010 on amendments to the Circular No. 116/2007/TTLT-BTC-BLDTBXH

3. In case the documents cited in this Circular are amended or supersedes, the newest ones shall prevail.

4. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Finance for settlement in cooperation with the Ministry of Labor, War Invalids and Social Affairs./.