Circular No. 05/2006/TT-BLDTBXH guiding the establishment and operation of the Inter-departmental Inspection Team for Prevention and Control of Prostitution.

CIRCULAR

Guidelines for the establishment and operation of the Interdepartmental Inspection Team

on preventing and combating prostitution

Pursuant to Article 12 of Decree No. 178/2004/NĐ-CP dated October 15, 2004 of the Government detailing certain provisions of the Ordinance on Preventing and Combating Prostitution;

To ensure uniformity in the establishment and operation of the Interdepartmental Inspection Team on preventing and combating prostitution nationwide (hereinafter referred to as the Interdepartmental Inspection Team 178), the Ministry of Labor, Invalids and Social Affairs provides specific guidelines as follows:

I- GENERAL PROVISIONS

1. The Interdepartmental Inspection Team 178 is a unit established by the Chairperson of People's Committees at all levels to assist the Chairperson of the People's Committee in inspecting compliance with laws and regulations on preventing and combating prostitution at business establishments that may be exploited for prostitution activities according to Clause 3, Article 3 of Decree No. 178/2004/NĐ-CP dated October 15, 2004 of the Government.

2. Depending on the actual needs for preventing and combating prostitution in their localities, the Chairpersons of People's Committees at all levels shall decide to establish the Interdepartmental Inspection Team 178 at their respective levels. The establishment and operation of the Team must comply with the provisions of this Circular and other relevant legal documents.

3. The Interdepartmental Inspection Team 178 operates under a regulation approved by the same-level People's Committee. Members operate on a part-time basis. The Department of Labor, Invalids and Social Affairs at the same level takes the lead in assisting the Chairperson of the People's Committee in managing the Team's regular activities.

4. Inspections and handling of violations at business establishments must be carried out in accordance with current laws and regulations and ensure the principles of administrative violation handling in preventing and combating prostitution stipulated in Article 14 of Decree No. 178/2004/NĐ-CP dated October 15, 2004 of the Government.

5. Operating funds for the Interdepartmental Inspection Team 178 are allocated within the annual social security budget of the local government according to the provisions of the State Budget Law and related guiding documents.

6. The Interdepartmental Inspection Team 178 is issued inspection cards by the same-level People's Committee (attached model); they are equipped with weapons and support tools when performing their duties. The issuance, management, and use of weapons and support tools are carried out in accordance with current laws and regulations.

II- SPECIFIC PROVISIONS

1. Structure of the Interdepartmental Inspection Team 178

a) The Interdepartmental Inspection Team 178 consists of 01 team leader, 01 or 02 deputy team leaders, and members. Based on the actual situation in the locality, the Chairperson of the People's Committee may consider adjusting the structure and composition of the Team appropriately.

b) Provincial Interdepartmental Inspection Team:

The team leader is a leader of the specialized unit responsible for preventing and combating social evils under the Department of Labor, Invalids and Social Affairs (inspection agency or prevention and control department).

Members include representatives from the provincial Public Security Office; officers and inspectors from the departments of Culture and Information, Health, Commerce, Tourism, and Labor, Invalids and Social Affairs.

c) District Interdepartmental Inspection Team:

The team leader is a leader of the Labor, Invalids and Social Affairs Department (or the Civil Affairs and Labor, Invalids and Social Affairs Department).

Members include police officers and staff from the district Public Security Office; officers from the departments of Culture and Information, Health, Market Management, Economy, Commerce, Tourism, and the specialized unit responsible for preventing and combating social evils under the Labor, Invalids and Social Affairs Department (or the Civil Affairs and Labor, Invalids and Social Affairs Department).

d) Commune Interdepartmental Inspection Team:

Members include the head of the commune Public Security Office, the person in charge of Legal Affairs, the person in charge of Culture, Labor, Invalids and Social Affairs, and 01 to 02 staff members from other local agencies.

Based on the actual situation in the locality, the Chairperson of the People's Committee decides on the team leader and members of the Interdepartmental Inspection Team to ensure appropriate fit and effective implementation of inspection tasks.

2. Tasks of the Interdepartmental Inspection Team 178

a) Inspect compliance with laws and regulations on preventing and combating prostitution, public security, culture and information, labor usage, periodic health examinations for workers, and other related laws and regulations.

b) Develop inspection programs and plans and organize their implementation.

c) Propose measures for management and prevention of law violations by service business establishments in the area to the same-level People's Committee and competent authorities.

d) Guide, inspect, and urge lower-level Interdepartmental Inspection Teams to implement inspection programs and plans. Monitor and request competent authorities to handle violations reported by the Interdepartmental Inspection Team but not resolved promptly.

e) Implement regular reporting (quarterly, semi-annually, annually) and ad hoc reporting (as required by the same-level People's Committee Chairperson) on the results of the Team's inspection work.

3. Powers of the Interdepartmental Inspection Team 178

a) Require organizations and individuals being inspected to provide information, data, documents, and answers related to the inspection.

b) Contact relevant agencies, organizations, and individuals to verify and collect information for inspection purposes.

c) Prepare minutes when discovering administrative violations and handle such violations within their authority.

For violations exceeding their authority to handle or those indicating criminal offenses, they must prepare minutes and transfer the minutes, related documents, evidence, and means of violation (if any) to the competent authority for handling.

4. Principles of Operation of the Interdepartmental Inspection Team 178

a) The Interdepartmental Inspection Team 178 conducts inspections according to plans and ad hoc inspections.

The same-level People's Committee Chairperson approves the inspection plan of the Interdepartmental Inspection Team 178.

The team leader of the Interdepartmental Inspection Team 178 decides on ad hoc inspections in the following cases:

- There are complaints or reports about prostitution activities at service business establishments in the area.

- At the request of the head of the relevant state management agency (Public Security, Labor – War Invalids and Social Affairs, Culture – Information, Trade, Tourism, Health) or the Chairman of the People's Committee at the same level.

- When detecting signs of violation of laws on preventing prostitution at business establishments within their jurisdiction, members of the Inter-Ministerial Inspection Team 178 shall propose the Team Leader to decide on inspection.

The Team Leader shall be responsible for his/her inspection decision and must report in writing the results of the spot inspections to the direct superior authority and the Chairman of the People's Committee at the same level.

b) The Inter-Ministerial Inspection Team 178 shall only conduct inspections when at least three members participate, ensuring the necessary components for record-keeping and handling violations during the performance of their duties.

c) During inspections, members of the Team must present their Inspection Cards. Inspections must be carried out in accordance with the procedures and formalities stipulated by current laws.

d) During the inspection process, members of the Team must perform their assigned tasks and powers properly; not cause difficulties or obstruction to the normal operations of inspected establishments; and bear responsibility under the law and higher authorities for their decisions on handling violations.

5. Working relationship of the Inter-Ministerial Inspection Team 178

a) Inter-Ministerial Inspection Teams at various levels within the same jurisdiction must coordinate in developing monthly and quarterly inspection plans for the year to minimize overlapping and enhance the effectiveness of inspection activities.

b) Within their scope of duties and powers, the Inter-Ministerial Inspection Team has the responsibility to cooperate with related agencies in implementing inspection work, prevention, detection, and handling of violations of laws on preventing prostitution.

In cases where necessary, higher-level Inter-Ministerial Inspection Teams may provide professional support and personnel to lower-level Inter-Ministerial Inspection Teams to inspect business establishments with complex situations related to prostitution.

c) During the execution of their duties, members are subject to the direction and assignment of the Team Leader, proposing issues related to the implementation of their tasks for the Team Leader to handle or report to the competent authority for resolution.

6. Procedures and documents for establishing the Inter-Ministerial Inspection Team 178

a) The Department of Labor – War Invalids and Social Affairs (Provincial Department of Labor – War Invalids and Social Affairs for provincial level; District Department of Labor – War Invalids and Social Affairs, or District Department of Internal Affairs - Labor and Social Affairs for district level) is responsible for completing the procedures and documents to submit to the Chairman of the People's Committee at the same level for consideration and decision on establishing the Inter-Ministerial Inspection Team 178.

b) Documents for establishing the Inter-Ministerial Inspection Team at provincial and district levels include:

- A proposal requesting the Chairman of the People's Committee to establish the Inter-Ministerial Inspection Team 178;

- Draft decision on establishment and operational regulations of the Inter-Ministerial Inspection Team 178;

- Letters from related agencies assigning staff to join the Inter-Ministerial Inspection Team 178;

- Summary of opinions from related agencies.

c) For the Inter-Ministerial Inspection Team at commune level, the Chairman of the People's Committee assigns the local functional sector to prepare the documents. The documents include a proposal from the unit tasked with preparing the list of proposed members, draft decision on establishment, and operational regulations.

7. Reward system and handling of violations

a) The Inter-Ministerial Inspection Team 178 and its members who achieve outstanding results in their work shall be rewarded according to regulations. The procedures and formalities for preparing reward documents shall be implemented in accordance with current laws on competition and rewards and annual guidance on competition and rewards for social evil prevention issued by the Ministry of Labor – War Invalids and Social Affairs.

b) Members of the Inter-Ministerial Inspection Team 178, while performing their duties, if they suffer property damage, health impairment, or loss of life, shall be entitled to compensation and restitution according to Article 13 of Decree No. 178/2004/NĐ-CP dated October 15, 2004 of the Government.

c) While performing their duties, if members of the Inter-Ministerial Inspection Team 178 commit any violation of the law, the Team Leader shall be responsible for reporting in writing to their direct superior authority and the Chairman of the People's Committee at the same level. Handling of such violations shall be carried out in accordance with current laws on civil servants and related laws.

III- IMPLEMENTATION

1. People's Committees at all levels shall be responsible for directing and urging related sectors to implement this Circular; allocating funds and creating favorable conditions for the Inter-Ministerial Inspection Team 178 to perform their tasks.

2. Provincial Departments of Labor – War Invalids and Social Affairs, District Departments of Labor – War Invalids and Social Affairs (or District Departments of Internal Affairs - Labor and Social Affairs) shall be responsible for coordinating with related sectors, advising, and assisting the People's Committee at the same level in establishing, formulating operational regulations, and annual budget estimates for the Inter-Ministerial Inspection Team 178; taking the lead and coordinating with related agencies to organize training for the Inter-Ministerial Inspection Team 178.

3. This Circular shall take effect fifteen days from the date of publication in the Official Gazette.

Any difficulties encountered during implementation should be reported to the Ministry of Labor – War Invalids and Social Affairs for review, guidance, and resolution.