Circular No. 07/2009/TT-BLDTBXH guiding the implementation of certain provisions of Government Decree No. 68/2008/NĐ-CP dated May 30, 2008, stipulating conditions, procedures for establishment, organization, operation, and dissolution of social welfare facilities.

CIRCULAR

Guidelines for implementing 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 facilities

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

Pursuant to 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 facilities (hereinafter referred to as Decree No. 68/2008/NĐ-CP),

The Ministry of Labor, Invalids and Social Affairs issues guidelines for implementing certain provisions of Decree No. 68/2008/NĐ-CP as follows:

Article 1. Providing social work services.

1. Clause 5, Article 4 of Decree No. 68/2008/NĐ-CP shall be implemented as follows:

a) Individuals and families with social problems are those who are in difficult circumstances, unable to meet their basic needs for food, clothing, shelter, health care, and education; individuals facing stressful situations, mental crises, and difficulties in communicating with others; families experiencing internal conflicts, disharmony, with a risk of breaking up or unable to maintain normal living conditions for their members.

b) Providing social work services:

Receiving and nurturing individuals requiring urgent protection as stipulated in Clause 2, Article 5 of Decree No. 68/2008/NĐ-CP;

Advising and consulting to resolve relationship and emotional stress, and assisting in accessing social services; organizing meetings and exchanges to identify difficulties and ways to solve them; providing temporary food and accommodation assistance; supporting medical examinations, treatments, and education; helping with vocational training; finding employment, increasing income, and recreational activities, cultural and spiritual life;

Enhancing the capacity of community staff and family members to address emerging issues and overcome difficult circumstances;

Organizing community support activities, enhancing problem identification skills, developing resource mobilization plans through programs and projects; implementing plans with the participation of citizens, elderly people, persons with disabilities, and children, promoting community development.

2. Individuals requiring urgent protection as stipulated in Clause 2, Article 5 of Decree No. 68/2008/NĐ-CP are those who find themselves in special circumstances where immediate reception is necessary to prevent danger to their physical safety, lives, and mental distress.

3. Other individuals as stipulated in Clause 4, Article 5 of Decree No. 68/2008/NĐ-CP, decided by the Chairman of the People's Committee of the province or centrally-administered city (hereinafter referred to as provincial level) to receive or continue nurturing in social welfare facilities (hereinafter referred to as Facilities), include:

a) Begging individuals; mentally ill individuals whose behavior poses a danger to the community;

b) Individuals as stipulated in Clause 1, Article 4 of Decree No. 67/2007/NĐ-CP dated April 13, 2007 of the Government on policies to assist social welfare beneficiaries (hereinafter referred to as Decree No. 67/2007/NĐ-CP) residing in Facilities from the age of 18 years old but still attending school or vocational training;

c) Individuals deemed necessary by the Chairman of the People's Committee at the provincial level.

4. For public facilities, the number of individuals to be received and nurtured and the contributions of voluntary individuals must be approved by the competent superior authority.

Article 2. Care and nurturing of individuals

Article 12. The Decree No. 68/2008/ND-CP shall be implemented as follows:

1. Regarding nutrition

The facility ensures the quality of daily meals for the beneficiaries. In addition to the monthly subsistence allowance provided under Decree No. 67/2007/ND-CP, the facility mobilizes assistance from organizations, individuals, communities, and labor production cooperatives to improve the living conditions of the beneficiaries.

2. Regarding health care

The facility has medical staff, appropriate medical equipment, and a well-stocked first aid cabinet to provide initial healthcare, emergency care when necessary, treatment, and record keeping; conducts regular health check-ups every six months and annually for each beneficiary. For facilities with the responsibility of rehabilitation, they must have rehabilitation staff and equipment.

3. Regarding education and vocational training

The facility ensures that children being cared for can attend public or private schools, regular education centers, or study at the facility itself; vocational training is carried out according to Clause 1, Article 9 of Decree No. 67/2007/ND-CP.

4. Regarding information and entertainment

The facility organizes weekly activities such as music lessons, cultural events, sports, and recreational activities; provides bookshelves, reading rooms, books, newspapers, magazines, radio, and television to meet the entertainment and information needs of the beneficiaries. For those capable of participating, there should be at least one hour per day dedicated to physical exercise and sports suitable for their health and age.

Article 3. Procedure for receiving emergency protection subjects

1. The facility is responsible for immediately receiving emergency protection subjects for care, support, and completing procedures according to the following process:

Step 1. Prepare a receipt of reception signed by the person who discovered the subject, representatives of the discovering agency or unit (if any), local authorities (or police) at the commune level, and representatives of the facility. For victims of domestic violence, sexual abuse, trafficking, and forced labor, the receipt must also be signed by the victim.

Step 2. Assess the extent of injury and recovery potential of the subject to develop an appropriate intervention plan.

Step 3. Immediately ensure safety and treat physical or mental injuries through medical care, treatment, counseling, therapy, or psychological intervention. For abandoned children, notify the media and local residents within thirty days.

Step 4. Investigate the family and community background of the subject to decide on long-term, medium-term (one to three years) care, or return to the family and community under the protection and assistance of local authorities.

For abandoned children, efforts should be made to reunite them with their families, relatives, or foster families, or provide long-term care at the facility.

For victims of domestic violence, sexual abuse, trafficking, and forced labor, psychological counseling should be provided before returning them to their families and communities.

Step 5. Complete all required documentation and procedures for the subject according to regulations. For abandoned children, birth registration procedures should be completed according to the law on household registration.

2. The time of receiving emergency protection subjects into public facilities may occur immediately after discovery and resolution on the same day. Depending on specific circumstances, temporary care and completion of procedures according to the above steps should not exceed thirty days from the date of reception. If it exceeds thirty days, approval from higher management authority is required.

Article 4. Implementation

1. Social welfare facilities

Based on the provisions of Decree No. 68/2008/ND-CP, the facilities shall organize and implement the following tasks:

a) Develop organizational plans, arrange staff, and allocate human resources; renovate and improve infrastructure. For public facilities, submit these plans to the direct supervisory authority for review and approval;

b) Mobilize financial support from agencies, organizations, and individuals for the care and support of beneficiaries; manage and utilize funds raised in accordance with the law to enhance the material and spiritual life of beneficiaries;

c) Prepare budgets, settle accounts, and manage finances and assets in accordance with current laws;

d) Regularly and promptly report to higher supervisory authorities and the People's Committee at the same level about the operation of the facility (using Model No. 6 attached to this Circular).

2. People's Committees at the district and provincial levels

2. 1. Decide on the establishment or dissolution of social welfare facilities operated within their jurisdiction by organizations or individuals.

2. 2. Direct specialized agencies to carry out the following tasks:

a) Develop planning schemes and guide social welfare facilities to establish and operate before the effective date of Decree No. 68/2008/ND-CP, aligning with the conditions stipulated in Chapter II of Decree No. 68/2008/ND-CP, and reorganize within thirty-six months. Facilities established after the effective date of Decree No. 68/2008/ND-CP must comply with its provisions;

b) Guide, manage, inspect, and audit the operations of facilities under their jurisdiction;

c) Prepare budgets, allocate, and settle accounts for subsistence allowances and living expenses for beneficiaries in public facilities according to Decree No. 68/2008/ND-CP; support funding for the care of beneficiaries accepted by authorized management bodies;

d) Receive and evaluate applications for establishing social welfare facilities submitted by organizations and individuals according to Decree No. 68/2008/ND-CP;

đ) Review and submit requests for housing and land support for facilities to competent authorities;

e) Summarize and regularly report the situation and results of operations of facilities under their jurisdiction to the Department of Labor, Invalids, and Social Affairs and the People's Committee at the same level before June 15 and December 15 each year.

3. Ministries and sectors

3. 1. Decide on the establishment or dissolution of public and non-public facilities operating within their jurisdiction.

3. 2. Direct specialized agencies to carry out the following tasks:

a) Develop plans for planning schemes and plans, and direct Establishments to establish and operate before the effective date of Decree No. 68/2008/ND-CP to meet the conditions stipulated in Chapter II of Decree No. 68/2008/ND-CP, and reorganize within a period of 36 months. For Establishments established after the effective date of Decree No. 68/2008/ND-CP, they must comply with the provisions of Decree No. 68/2008/ND-CP;

b) Guide, inspect, and audit the activities of Establishments under their management authority;

c) Budget and allocate funds to ensure the operation of Establishments under their management authority;

d) Receive and evaluate applications for establishing social welfare facilities submitted by organizations and individuals according to Decree No. 68/2008/ND-CP;

d) Report periodically on the operational status of Establishments under their management to the Ministry of Labor - Invalids and Social Affairs before December 31 each year, and submit ad hoc reports when required;

4. This Circular takes effect 45 days from the date of signature.

5. Repeal Circular No. 10/2002/TT-BLDTBXH dated June 12, 2002, issued by the Ministry of Labor - Invalids and Social Affairs guiding the implementation of certain provisions of the Regulation on the establishment and operation of social welfare establishments promulgated together with Decree No. 25/2001/ND-CP dated May 31, 2001, and other previous regulations that conflict with this Circular.

6. In the course of implementation, if there are difficulties or obstacles, local People's Committees at all levels, relevant Ministries, sectors, and Establishments are requested to promptly report to the Ministry of Labor - Invalids and Social Affairs for study and guidance./.