Circular No. 04/2011/TT-BLDTBXH stipulates care standards at social welfare facilities.

CIRCULAR

Regulations on Care Standards at Social Welfare Facilities

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Pursuant to Decree No. 186/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor - War Invalids and Social Affairs;

Based on Decree No. 68/2008/ND-CP dated May 30, 2008 of the Government stipulating conditions, procedures for establishment, organization, operation, and dissolution of social welfare facilities (hereinafter referred to as Decree No. 68/2008/ND-CP);

Based on Decision No. 32/2010/QD-TTg dated March 25, 2010 of the Prime Minister approving the Project on Developing the Social Work Profession for the period 2010-2020;

The Ministry of Labor, Invalids and Social Affairs hereby stipulates care standards at social welfare facilities as follows:

Article 1. Scope of Application and Regulatory Scope

Article 1. This Circular stipulates care standards at public and non-public social welfare facilities established according to the provisions of the law by competent authorities.

Article 2. The target groups served by social welfare facilities include: elderly people, persons with mental illness, persons with disabilities, persons infected with HIV/AIDS, vagrants, children in special circumstances, poor people, and other social groups requiring urgent protection as specified in Clause 2, Article 5 of Decree No. 68/2008/ND-CP dated May 30, 2008 of the Government stipulating conditions, procedures for establishment, organization, operation, and dissolution of social welfare facilities; other individuals who have needs for social work services (hereinafter collectively referred to as the target group).

Article 3. Care standards serve as the basis for providing assistance, nurturing, caring for, and managing the target group at social welfare facilities.

Article 2. Care Reception and Care Process

The care reception and care process at social welfare facilities include the following steps:

Point 1. Receiving information and requests from the target group; organizing screening and categorizing the target group.

Point 2. Evaluating psychological and physical health status and needs of the target group.

Point 3. Formulating a care plan for the target group.

Point 4. Implementing the care plan.

5. Collecting data, compiling, analyzing, and evaluating the progress of beneficiaries; monitoring and evaluating care activities and adjusting care plans if necessary.

Point 6. Formulating a plan to discontinue care and reintegrate the target group into the community.

Article 3. Health, Sanitation, Clothing, and Nutrition Standards

Social welfare facilities ensure that the target group receives care according to the following standards:

Point 1. Healthcare

Social welfare facilities must have medical staff, appropriate medical equipment and supplies, a well-stocked medicine cabinet to provide initial healthcare and emergency first aid when necessary; treatment and record keeping; regular health check-ups every six months and annually for each individual. For social welfare facilities tasked with rehabilitation, they must have rehabilitation staff and equipment for the target group.

Point 2. Sanitation and Personal Items

a) Provide clean drinking water and ensure daily bathing and laundry hygiene for beneficiaries;

b) Provide personal hygiene items, including soap, towels, face cloths, toothpaste, and individual toothbrushes;

c) Provide sleeping items, including beds, mats, pillows, quilts, and mosquito nets;

Subpoint d) Having specific internal regulations of the social welfare facility regarding cleaning and personal hygiene.

Point 3. Clothing

The target group is provided with school uniforms (for children of school age), socks and shoes supplied at least once every six months and replaced if damaged, lost, or worn out, and warm clothing for winter.

Point 4. Nutrition

Subpoint a) Providing at least three meals daily: breakfast, lunch, and dinner;

b) Ensure adequate calorie intake, including protein (meat, fish, soybeans, carbohydrates, grains, fruits, and vegetables);

Subpoint c) Special nutrition programs for those with specific needs such as newborns, disabled children, HIV-infected children, sick or malnourished children, the elderly, and individuals with dietary restrictions due to illness, religion, or belief.

Article 4. Education and Vocational Training Standards

Social welfare facilities ensure provision of education for those capable of learning (for individuals with learning ability); vocational training for children aged 13 and above and those capable of working and desiring vocational training, specifically:

Point 1. Ensuring universal education as stipulated in Clause 1, Article 11 of the Education Law 2005.

Point 2. Providing formal or non-formal education in public or private schools or social welfare facilities.

Point 3. Educating the target group about social ethics, hygiene, HIV/AIDS prevention knowledge, reproductive health, and other topics suitable for their age and gender.

Point 4. Guiding the target group on methods to self-protect against trafficking, abuse, violence, and exploitation.

5. Providing textbooks, study materials, and arranging suitable study spaces for individuals.

Point 6. Advising the target group to choose vocational training suitable for local conditions.

7. Individuals will be supported to continue their education or vocational training depending on their age, choices, and market demand.

Article 5. Standards for culture, sports, and entertainment

The social welfare facility ensures for the beneficiaries:

1. Regarding culture

a) A cultural environment that encourages sharing and support for individuals to express emotions, thoughts, ideas, and creativity;

b) Opportunities to participate in religious and social activities;

c) Learning traditional national culture and respecting freedom of religion and belief within the framework of Vietnamese law;

d) The right to choose religion without discrimination, not being compelled to follow a particular religion to receive care at the social welfare facility.

2. Regarding sports, leisure, and entertainment

a) Participate in sports, leisure, and entertainment activities appropriate to their age and community members; support persons with disabilities to safely participate in such activities;

b) Be provided opportunities to meet and make friends with people living nearby, schoolmates, and community members; meet with family or close relatives and friends, except in cases that may threaten the safety of the beneficiary.

Article 6. Rights of beneficiaries in social welfare facilities

1. Participate in the process of planning care and assistance for the beneficiary.

2. Participate in the decision-making process regarding the reintegration of the beneficiary into the family and community; ensure the safety and welfare of the beneficiary.

3. Be informed about care standards and state policies related to the care and assistance of the beneficiary.

4. Have full access to personal information and records, including personal history and medical files. These records are kept confidential.

5. Discuss and exchange opinions on regulations and rules of the social welfare facility and those relevant to the life of the beneficiary.

6. Participate in daily activities of the social welfare facility suitable to their age and ability without adversely affecting the health or development of the beneficiary and their study and leisure time.

7. Participate in national and international holidays and commemorative days, including Tet, New Year's Day, Children's Day, and other holidays prescribed by the State.

8. Attend presentations, tours, and other activities related to the education of beneficiaries.

9. Attend family ceremonies, including weddings and funerals, according to their wishes but without impacting the safety and rights of the beneficiary.

Article 7. Strictly Prohibited Acts

1. Beating.

2. Confining the beneficiary in a separate place.

3. Binding the beneficiary.

4. Denying individuals food, drink, or sleep.

5. Forcing individuals to wear unusual or unsuitable clothing.

6. Ceasing medical care for individuals.

7. Using one beneficiary to discipline another.

8. Threatening, insulting, or using impolite, vulgar language towards the beneficiary.

9. Forcing the beneficiary to perform tasks beyond their capacity.

Article 8. Standards for Environment, Premises, and Housing

1. The environment and premises of the social welfare facility must meet the following conditions:

a) At least one garden, flagpole, and space suitable for the beneficiary to exercise, play, and engage in sports. If there are ponds or lakes, they must be fenced off to ensure the safety of the beneficiary;

b) Land for increasing production and serving daily life and activities at the social welfare facility;

c) A regular waste disposal area and appropriate waste management measures;

d) A drainage system;

đ) Livestock and poultry areas located far from office and residential areas;

e) Fencing and lighting to ensure the security of the social welfare facility;

g) The entrance gate of the social welfare facility has clear signs indicating its name and address;

h) A funeral room and incense house for deceased beneficiaries.

2. The land area and housing of the social welfare facility shall comply with the provisions of Article 11 of Decree 68/2008/NĐ-CP dated May 30, 2008, of the Government on conditions, procedures for establishment, organization, operation, and dissolution of social welfare facilities, adjusted according to population density in provinces and cities and the number of beneficiaries.

3. The infrastructure of the social welfare facility must ensure the following:

a) Doors and windows providing sufficient light and ventilation;

b) Systems ensuring the safety of the beneficiary, including the installation of electrical, gas, and drainage systems appropriately;

c) Appropriate trash bins;

d) Bathrooms and showers must be suitable for different groups of beneficiaries, including those with disabilities; there must be separate bathrooms and showers for women;

đ) Beneficiary bedrooms with suitable size and ensuring space for personal storage units for up to eight people;

e) Arrangement of sleeping and resting times suitable to the age and gender of the beneficiary;

g) Common living areas for the beneficiary during free time;

h) There must be a communal kitchen and dining hall for beneficiaries;

i) There must be a medical room to provide initial healthcare services for beneficiaries;

k) Necessary equipment for persons with disabilities.

Article 9. Administrative Management

Public and non-public social welfare institutions:

1. Shall be primarily responsible for ensuring the safety of beneficiaries, preventing violence, exploitation, and abuse against them.

2. Shall report monthly to the Labor, Invalids, and Social Affairs management agency.

3. Shall issue documentation upon receiving beneficiaries when they are transferred to the institution.

4. Shall promptly report to the competent authority when beneficiaries escape from the social welfare institution, die, are kidnapped, or go missing.

5. Shall ensure the confidentiality of individual records of beneficiaries.

6. Shall implement policies, procedures, standards, administrative formalities, supervision, and evaluation as prescribed by law.

7. Shall organize training for newly recruited staff.

8. Shall comply with legal provisions on preventing the abuse of beneficiaries.

9. Shall assess the family circumstances and reasons for beneficiaries being admitted to social welfare institutions.

Article 10. Implementation Organization

1. Ministries and sectors with public and non-public social welfare institutions shall direct relevant agencies and units to perform the following tasks:

a) Guide and inspect the implementation of care standards at social welfare institutions under their management.

b) Budget and allocate funds to ensure the implementation of care standards at social welfare institutions under their management.

c) Report periodically on the implementation of care standards at social welfare institutions within their jurisdiction to the Ministry of Labor, Invalids, and Social Affairs before December 31 each year and submit ad hoc reports as required.

2. Provincial People's Committees and District People's Committees shall direct relevant agencies and units to perform the following tasks:

a) Guide, manage, and inspect the operations of social welfare institutions under their management.

b) Prepare budgets, provide, and settle accounts for maintenance and living expenses for beneficiaries in public institutions.

c) Aggregate and report periodically and ad hoc on the operation status and results of social welfare institutions within their jurisdiction to the Labor, Invalids, and Social Affairs management agency and the same-level People's Committee before June 15 and December 15 each year.

3. Social welfare institutions shall be responsible for:

a) Organizing training and enhancing the professional skills of staff and caregivers.

b) Developing personnel deployment plans and improving the capabilities of cadres and staff; renovating and perfecting infrastructure. For public social welfare institutions, such plans shall be submitted to the direct management agency for review and approval.

c) Submitting periodic and ad hoc reports to higher-level management agencies and the same-level People's Committee on the operations of the social welfare institution.

Article 11. Effective Date

1. This Circular shall take effect from April 15, 2011.

2. Repeal Article 2 and Article 3 of Circular No. 07/2009/TT-BLDTBXH dated March 30, 2009 of the Ministry of Labor, Invalids, and Social Affairs guiding the implementation of certain provisions of Decree No. 68/2008/NĐ-CP dated May 30, 2008 of the Government on conditions, procedures for establishment, organization, operation, and dissolution of social welfare institutions.

In the course of implementation, if there are difficulties, units and localities are requested to promptly reflect them to the Ministry of Labor, Invalids, and Social Affairs for consideration and guidance./.