Circular No. 05/1998/TT-BLDTBXH guiding supplementary regulations on the management of social centers accompanying Decision No. 600/LDTBXH-QD dated April 15, 1995 of the Minister of Labor, Invalids, and Social Affairs.

CIRCULAR

Supplemental guidelines for managing social centers accompanying Decision No. 600/LDTBXH-QD dated April 15, 1995 of the Minister of Labor, Invalids and Social Affairs

To unify management, guidance, and organization to ensure the legitimate rights of social beneficiaries in receiving social allowances, the Ministry of Labor, Invalids, and Social Affairs (MOLISA) supplements some points regarding procedures and formalities for social assistance recipients residing in centralized care facilities under the following guidelines:

I. Reception of individuals into centralized care facilities.

1. The individual or their relatives must submit an application to enter a care facility. The application must include a commitment from the family and confirmation from local authorities regarding the reception of the individual back into the family or community when they meet the necessary conditions, with notification from the care facility.

a. For chronic mental patients, relatives must submit an application according to Model 01/LDTBXH/BTXH issued along with this Circular. In cases where mentally ill individuals frequently exhibit dangerous behavior, all required procedures must be completed according to Circular No. 06/TT-LB dated June 29, 1986, guiding Directive No. 14/CT dated January 16, 1986, of the Chairman of the Council of Ministers (now Prime Minister) on measures to address social welfare issues and social evils. Medical records and psychiatric evaluations must be confirmed by authorized medical professionals.

b. Orphans, elderly individuals without support, and disabled persons must submit applications according to Model 02/LDTBXH-BTXH issued along with this Circular.

c. For abandoned children without guardians, beggars, and vagrants, the commune or ward must compile joint records according to Model 03/LDTBXH-BTXH issued along with this Circular.

d. For urgent cases not covered above, the care facility must directly handle them according to Article 5 of the Regulation issued with Decision No. 600/LDTBXH-QD dated April 15, 1995, of the Minister of Labor, Invalids, and Social Affairs.

2. The Department of Labor, Invalids, and Social Affairs at the district level must verify the actual circumstances of the individual. If they meet the conditions, they must complete the necessary files and send them to the Provincial Department of Labor, Invalids, and Social Affairs according to Model 04/LDTBXH-BTXH issued along with this Circular.

3. The Social Welfare Protection Department or the specialized department assigned by the Provincial Department has the responsibility to review the files and, based on the capacity of the care facility, report and propose the reception of the individual to the Provincial Department's leadership for decision. In cases where provinces or cities lack a Social Welfare Protection Department or specialized staff, this review function is directly assigned to the director of the centralized care facility for social beneficiaries.

The Provincial Department of Labor, Invalids, and Social Affairs will issue a decision to accept the individual when it determines that all necessary files and conditions are met. The decision will follow Model 05/LDTBXH-BTXH issued along with this Circular.

4. Some northern regions lacking chronic mental patient care centers may, in urgent need, submit a letter to the Ministry of Labor, Invalids, and Social Affairs (Social Welfare Protection Department) according to Model 06/LDTBXH-BTXH issued along with this Circular, accompanied by the necessary files for individuals entering centralized care facilities in their region. Upon issuance of the acceptance decision by the Ministry, the Provincial Department and the family are responsible for transferring the individual to the care facility.

II. Suspension of centralized care allowance and return to the community.

1. The Director of the Provincial Department of Labor, Invalids, and Social Affairs will issue a decision to suspend the centralized care allowance according to Model 07/LDTBXH-BTXH issued along with this Circular when the individual falls into one of the following situations:

- Disabled individuals who have recovered their functions and can return to their place of origin.

- Elderly or orphaned children who have legal caregivers.

- Individuals or families who voluntarily request to return to their place of origin.

- Orphaned children aged 15 or 18 if still attending secondary school.

- Death of the individual.

- Absconding from the center for over one month.

- Other cases meeting the conditions for reintegration into the community.

2. When the individual meets the conditions for reintegration into the community, the person issuing the aforementioned decision should provide additional specific support measures such as initial financial assistance, vocational training recommendations, or other forms of support from local authorities. The amount of financial support will depend on the specific conditions of the locality.

1. The Director of the Provincial Department of Labor, Invalids, and Social Affairs shall organize the dissemination and distribution of this Circular to subordinate units for implementation, while also planning to review and classify regular social assistance recipients within their jurisdiction, promptly addressing cases of improper allowance issuance.

2. Functional units under the Ministry shall direct social beneficiary care facilities under the Ministry to strictly and fully implement the provisions of this Circular, compiling reports on implementation status in various localities. Provincial Departments of Labor, Invalids, and Social Affairs must submit periodic six-month and annual reports, reflecting any issues to the Ministry for timely adjustment to fit practical circumstances.

III. Implementation Organization.

3. This Circular takes effect fifteen days after its signing date, and all previous regulations inconsistent with this Circular are hereby abolished.

- Provincial Departments of Labor, Invalids, and Social Affairs

- Centralized care facilities under the Ministry;