Circular No. 05/2009/TT-BLDTBXH guiding the organization and operation of Victim Support Centers pursuant to Decision No. 17/2007/QD-TTg dated January 29, 2007 of the Government Prime Minister.

CIRCULAR

Guidelines for the organization and operation of Victim Support Centers pursuant to Decision No. 17/2007/QĐ-TTg dated January 29, 2007, of the Government Prime Minister.

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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 Decision No. 17/2007/QĐ-TTg dated January 29, 2007, of the Government Prime Minister promulgating the Regulation on receiving and supporting the reintegration into society of women and children repatriated from abroad who have been trafficked.

After reaching consensus with the Ministry of Interior; the Ministry of Finance; the Ministry of Justice; the Ministry of Planning and Investment and other relevant ministries and sectors, the Ministry of Labor, Invalids and Social Affairs provides guidance on certain aspects regarding the establishment, organization, and operation of Victim Support Centers pursuant to Decision No. 17/2007/QĐ-TTg dated January 29, 2007, of the Government Prime Minister as follows:

I. ORGANIZATION OF VICTIM SUPPORT CENTERS

1. Name of the Victim Support Center

The name of the Victim Support Center specified in this Circular shall be called the Victim Support Center.

2. Principles for Establishing the Victim Support Center

The Victim Support Center shall be established by the Chairman of the People's Committee of provinces and centrally-administered cities located at border gates and borders based on local actual needs and the following principles:

a) Based on the current situation, trafficking of women and children occurs in the locality.

b) The number of victims received by public security agencies and border guard stations, who are residents of the locality and other provinces and centrally-administered cities.

c) Clearly define the objectives, functions, and responsibilities of the Center without overlapping with those of previously established centers.

d) Ensure sufficient conditions in terms of staff, organizational structure, physical facilities, and funding to sustain the Center's operations effectively and sustainably.

3. Physical Facilities Conditions of the Victim Support Center

a) The Victim Support Center must be located in a convenient place for transportation, schools, hospitals, and have adequate living conditions.

b) The Victim Support Center must ensure minimum physical facility conditions for its activities, including natural land area, room area for beneficiaries; separate zones for psychological counseling activities, isolation areas for victims suffering from mental trauma, medical examination and treatment areas. Living rooms must be equipped with necessary furniture such as beds, wardrobes, tables, chairs; there must be living and working areas for staff, kitchen, toilet, recreational areas, communication systems, electricity, water supply, and wastewater treatment, environment according to regulations.

c) In cases where the Victim Support Center is within the premises of a social welfare institution or a healthcare facility under the Ministry of Labor, Invalids and Social Affairs, it must have separate zones, entrances, and exits.

4. The Victim Support Center is a public service unit under the Department of Labor, Invalids and Social Affairs, having legal personality, seal, bank account, and independent office.

5. Procedures for Establishing the Victim Support Center carried out in accordance with the provisions of Government Decree No. 83/2006/NĐ-CP dated August 17, 2006, on procedures for establishing, restructuring, and dissolving administrative organizations and state-run public service units. The authority responsible for reviewing the establishment of the Victim Support Center is the Department of Labor, Invalids and Social Affairs.

6. Functions of the Victim Support Center

The Victim Support Center has the function of supporting women, children who are victims and children of victims repatriated from abroad, received, classified, evaluated, and handed over to the Center voluntarily by competent authorities in Vietnam through providing health recovery services, psychological counseling, legal advice, vocational guidance, and preparing for community reintegration.

7. Tasks of the Victim Support Center

a) Organize care and support for health, psychology, and education suitable for each age group, the wishes of the victim, and the capacity of the facility.

b) Educate life skills, vocational guidance, and job placement for victims.

c) Assess the ability of victims to reintegrate into the community, provide information about policies and support services for victims in the community.

d) Create favorable conditions and support relevant agencies to continue verifying personal information, addresses, and returning victims to their families and communities.

e) Identify and provide necessary information to competent authorities to serve preventive and investigative work against crimes.

g) Manage and use funds efficiently and in accordance with the law.

8. Organization of the Victim Support Center

The Victim Support Center consists of a Director and Deputy Directors. The Director is responsible for all activities of the unit, while the Deputy Directors carry out tasks assigned by the Director. Appointment of leadership positions is carried out in accordance with the Government's regulations on cadre management decentralization.

Leaders and staff of the Victim Support Center must have specialized training in social work or related fields such as healthcare and social work according to their assigned tasks. The Director of the Victim Support Center must hold a bachelor's degree in social sciences, healthcare, or law. In special cases (without the required qualifications), they must have at least three years of experience in management or technical responsibility in healthcare, psychology, social work, or judicial, labor, invalids, and social affairs work and have attended training courses on social work.

II. OPERATIONS OF THE VICTIM SUPPORT CENTER

1. Recipients of the Victim Support Center

The Victim Support Center receives individuals as defined in Article 1 of Decision No. 17/2007/QĐ-TTg dated January 29, 2007, of the Government Prime Minister, who have been received back to the country by competent authorities and need health care and psychological counseling before reintegration into society as stipulated in Section II, Item 3, Point a2, Clause 1; Section II, Item 3, Point b2, Clause 2; Point d, Clause 3, Section II of Joint Circular No. 03/2008/BCA-BQP-BNG-BLĐTBXH dated May 8, 2008, of the Ministry of Public Security, the Ministry of Defense, the Ministry of Foreign Affairs, and the Ministry of Labor, Invalids and Social Affairs.

2. Procedures for Receiving Victims at the Victim Support Center

a) The Victim Support Center directly receives victims and files transferred from authorized police agencies and border guards, signs the handover record for women and children repatriated from abroad due to trafficking according to the handover record model (BBBG-PNTE).

b) The victim's receiving file includes: the declaration form for women and children repatriated from abroad due to trafficking (TK - PNTE model), certificate of return (CN - PNTE - A or CN-PNTE-PA model), handover record for women and children repatriated from abroad due to trafficking (BBGN-TE model), and other relevant information and documents about the victim (if any). The forms used in point a, point b, Clause 2, Section II are issued together with Circular 03/2008/BCA-BQP-BNG-BLDTBXH dated May 8, 2008, by the Ministry of Public Security, the Ministry of National Defense, the Ministry of Foreign Affairs, and the Ministry of Labor, Invalids, and Social Affairs.

c) Within 24 working hours from the time of signing the handover record, the Director of the Victim Support Center shall submit to the Director of the Department of Labor, Invalids, and Social Affairs for approval of the decision to accept women and children as victims into the Victim Support Center. In cases where the Victim Support Center is located in remote mountainous areas, the deadline for issuing the Decision may be extended but not exceeding 48 working hours. The Decision must be made in four copies: one copy retained at the Department of Labor, Invalids, and Social Affairs, one copy retained at the Victim Support Center, one copy sent to the People's Committee of the commune where the victim resides for coordination in supporting the victim, and one copy handed over to the victim. If the victim is a child, the Decision shall be handed over to the victim's family or guardian (according to the QĐ-TNPNTE model issued together with this Circular).

d) The Victim Support Center records the list of received victims in the tracking book; disseminates internal regulations and rules, and checks personal belongings before admitting the victims into the Victim Support Center.

3. Duration of residence of victims at the Victim Support Center shall not exceed thirty days; for victims requiring health support, education, or children from difficult family circumstances, the duration of residence may be extended but not exceeding sixty days from the date of acceptance. Upon expiration of the period specified in this clause, for orphaned children or children without a place to stay, the Director of the Victim Support Center shall process the transfer to a social welfare center.

4. In cases where localities do not establish a Victim Support Center but delegate this task to a medical facility or a social welfare institution, children victims shall be immediately admitted to a social institution. The admission of child victims to a social institution or a medical facility shall be based on the actual conditions of the locality, following the principle of maximizing the rights of children.

5. Care and support for victims

The Victim Support Center must organize and implement the following care and support activities:

a) Providing separate accommodation for women and children. In cases where children have no accompanying relatives, the Director of the Victim Support Center must arrange direct caregivers for the children.

b) Providing medical care for victims either within the Victim Support Center or transferring them to an appropriate healthcare center. Organizing recreational and sports activities, particularly for child victims.

c) Offering individual and group counseling; introducing and connecting victims with legal aid centers to help them understand laws and policies related to their rights and interests.

d) Education and vocational guidance; contacting, introducing, and supporting victims to participate in free vocational training programs provided by organizations or individuals inside or outside the center.

e) Supporting law enforcement agencies in interviewing victims regarding trafficking and protecting their legitimate rights during legal proceedings. In cases where the victim is a child, a staff member of the Victim Support Center must act as a guardian when the child interacts with law enforcement agencies as stipulated by law.

g) Evaluating the victim's ability to reintegrate into society in terms of psychological stability, job orientation, family relationships, community environment, and skills to prevent re-trafficking.

h) Closely coordinating with public security agencies and labor, invalids, and social affairs departments at local levels to contact the families or relatives of victims before they return home. For cases involving children, twenty days before the end of the period, the Director of the Victim Support Center has the responsibility to notify the relatives (recognized parents or guardians by the Commune People's Committee) to bring the child back to their place of residence or arrange staff to hand over the child to the family under the supervision of the Commune People's Committee, and make a handover record for the child's reintegration into the community (according to the GN-TEVCĐ model issued together with this Circular).

6. Operating expenses of the Victim Support Center

The funds ensuring, content, and level of expenditure for the operation of the Victim Support Center, medical facilities, and social institutions tasked with supporting victims by the Chairman of the Provincial People's Committee shall be implemented in accordance with the guidelines set forth in Joint Circular No. 116/2007/TTLT-BTC-BLDTBXH dated September 27, 2007, by the Ministry of Finance and the Ministry of Labor, Invalids, and Social Affairs.

Special allowances and occupational incentives for staff working at the Victim Support Center, medical facilities, and social institutions that have been assigned additional functions and tasks to support victims shall be applied according to the provisions of Joint Circular No. 13/TTLT-BLDTBXH-BTC dated August 20, 2007, by the Ministry of Labor, Invalids, and Social Affairs and the Ministry of Finance, guiding the implementation of allowances for staff working at institutions managing drug addicts, sex workers, and post-drug rehabilitation individuals.

7. Administrative management of the Victim Support Center

a) Responsibilities of the Director of the Victim Support Center include:

- Drafting administrative management regulations for the Victim Support Center to be submitted to the Director of the Department of Labor, Invalids, and Social Affairs for approval. The regulations must clearly define the responsibilities and work relationships between departments within the center; the rights and responsibilities of participants in health, cultural, educational, vocational training, and skill development activities at the center;

- Managing all activities of the center in accordance with the law.

b) The Victim Support Center shall be responsible for submitting periodic reports every six months before June 15th and annual reports before December 15th each year to the Department of Labor, Invalids, and Social Affairs regarding all aspects of its activities to compile and report to the Provincial People's Committee, which will forward them to relevant departments.

III. GUIDANCE FOR ADDITIONAL TASKS OF SUPPORTING VICTIMS BY TREATMENT FACILITIES OR SOCIAL INSTITUTIONS

In cases where treatment facilities or social institutions under the Department of Labor, Invalids, and Social Affairs undertake the task of supporting victims, the Director of the Department of Labor, Invalids, and Social Affairs shall take the lead and coordinate with the Department of Home Affairs, the Department of Finance to submit tasks related to supporting victims to the Chairman of the Provincial People's Committee, ensuring the following contents:

1. Supplementing the functions, tasks, and victim support activities stipulated in Section II of this Circular into the functions, tasks, and organizational operations of treatment facilities or social institutions, and assigning these functions, tasks, and activities to appropriate specialized departments within the institution.

2. Utilizing leadership management staff, professional personnel, physical infrastructure, and equipment to ensure the implementation of victim support tasks.

3. Designating a separate area with its own access route, ensuring food, accommodation, and living conditions for victims, facilitating easy access to medical, cultural, and social services both within the center and in the community, avoiding creating an environment that causes embarrassment or discrimination against victims as prescribed by law.

 IV. IMPLEMENTATION

1. The Department of Labor, Invalids, and Social Affairs shall be responsible for leading and coordinating with the Department of Home Affairs, the Department of Finance, and other relevant departments to assist the Chairman of the Provincial People's Committee in directing, guiding, and inspecting the implementation of this Circular at the local level.

2. The Anti-Social Evils Department shall be responsible for leading and coordinating with related units to assist the Minister of Labor, Invalids, and Social Affairs in directing, inspecting, and guiding the implementation of this Circular.

3. This Circular shall take effect 45 days from the date of signature. During the implementation process, if there are any difficulties, they should be promptly reported to the Ministry of Labor, Invalids, and Social Affairs for consideration and resolution./.