Joint Circular No. 07/2016/TTLT-BYT-BTC-BLDTBXH detailing the Government's Decree No. 39/2015/NĐ-CP dated April 27, 2015 on support policies for poor ethnic minority women giving birth in accordance with population policy.

 

JOINT CIRCULAR

Detailed regulations on Decree No. 39/2015/ND-CP dated April 27, 2015 of the Government on support policies for poor women from ethnic minority households when giving birth in accordance with population policy

Pursuant to Decree No. 39/2015/ND-CP dated April 27, 2015 of the Government on support policies for poor women from ethnic minority households when giving birth in accordance with population policy;

Pursuant to Decree No. 63/2012/ND-CP dated August 31, 2012 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Health;

WHEREAS, Decree No. 215/2013/NĐ-CP dated December 23, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 106/2012/ND-CP dated December 20, 2012 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids and Social Affairs;

At the proposal of the Director General of the General Department of Population and Family Planning, Ministry of Health; the Head of the Administrative and Public Service Department, Ministry of Finance; the Director of the Social Assistance Department, Ministry of Labor, Invalids and Social Affairs;

The Minister of Health, the Minister of Finance, and the Minister of Labor, Invalids and Social Affairs issue this Circular detailing Decree No. 39/2015/ND-CP dated April 27, 2015 of the Government on support policies for poor women from ethnic minority households when giving birth in accordance with population policy (hereinafter referred to as Decree No. 39/2015/ND-CP).

Article 1. Scope of Regulation

This Circular stipulates procedures for the issuance, recovery of support funds; sources of funding; budget preparation, allocation, settlement; reporting systems; responsibilities of agencies implementing one-time support policies for poor women from ethnic minority households when giving birth in accordance with population policy.

Article 2. Recipients of Support

Recipients of support are those specified in Article 1 of Decree No. 39/2015/ND-CP. Each recipient can only receive the support policy once.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Ethnic minoritiesare ethnic groups defined in Clause 2, Article 4 of Decree No. 05/2011/ND-CP dated January 14, 2011 of the Government on ethnic affairs.

2. Near-Poor Householdsare households approved by competent authorities according to criteria set out in Decision No. 09/2011/QD-TTg dated January 30, 2011 of the Prime Minister on the issuance of poverty standards for the period 2011-2015 and Decision No. 59/2015/QD-TTg dated November 19, 2015 of the Prime Minister on the issuance of multidimensional poverty standards for the period 2016-2020.

4. Participants in mandatory social insuranceare those defined in Clause 1, Article 2 of Law No. 71/2006/QH11 on Social Insurance up to December 31, 2015, Clause 1, Article 2 of Law No. 58/2014/QH13 on Social Insurance, and related guiding documents.

5. Direct relatives of the beneficiaries of the support policyinclude: husband, biological children, adopted children, father, mother, father-in-law, mother-in-law, or fosterer of the beneficiary of the support policy as prescribed by law.

Article 4. Documents for considering eligibility for support policies

2. A certified copy or a copy accompanied by the original for comparison of certain documents proving the beneficiaries' eligibility for support as stipulated in Article 1 of Decree No. 39/2015/NĐ-CP, including:

a) Marriage registration certificate for beneficiaries who are ethnic Kinh people married to ethnic minority men.

b) The conclusion of the Provincial or Central Medical Examination Board regarding the third child's birth if the couple already has two children, one or both of whom suffer from congenital defects or serious non-hereditary diseases.

Article 5. Procedures and formalities for requesting financial support for beneficiaries

1. The beneficiaries or their direct relatives (hereinafter referred to as the applicant) shall prepare one set of documents in accordance with Article 4 of this Circular and submit them directly or via postal service to the People's Committee at the commune level.

2. Upon receiving the documents, the recipient shall immediately check the entire set of documents; if the documents are incomplete, the recipient shall guide the applicant to supplement and complete the documents in accordance with Article 4 of this Circular. If the documents cannot be supplemented and completed at that time, the recipient must issue a written guidance document specifying the types of documents and contents needed to be supplemented and completed, and send it to the applicant. When receiving the request to supplement and complete the documents, the applicant must promptly supplement and complete the documents and resubmit them to the receiving authority.

3. The recipient is responsible for properly and fully accepting the documents. In cases where the documents are copies accompanied by the originals for comparison, the recipient must verify and compare the copies with the originals and sign to confirm, without requiring the applicant to provide certified copies. In cases where the documents are certified copies, the originals should not be requested for verification.

4. Within 10 working days from the date of receipt of valid documents recorded on the Receipt Form, the People's Committee at the commune level shall verify the criteria applicable to the beneficiaries; issue a decision on financial support according to Model No. 02 issued together with this Circular; notify and implement the provision of financial support to the beneficiaries.

In cases where the documents do not meet the conditions for support, within 5 working days from the date of receipt of valid documents recorded on the Receipt Form, the People's Committee at the commune level shall issue a written notification to the applicant.

Article 6. Recovery of funds when beneficiaries violate commitments

1. Within 30 days from the date of discovering that the beneficiaries have received financial support but violated the commitment and had additional children contrary to population policy, the People's Committee at the commune level shall issue a Decision on recovery of funds according to Model No. 03 issued together with this Circular, and send the Decision and Notice of recovery of funds to the beneficiaries according to Model No. 04 issued together with this Circular.

2. Within 45 days from the date of receiving the Decision and Notice, the beneficiaries who have received financial support but violated the commitment and had additional children contrary to population policy shall be responsible for returning the funds to the People's Committee at the commune level. The returned funds shall be remitted to the state budget in accordance with regulations.

Article 7. Source of funds

Financial support is guaranteed by local budgets from social security expenditure under current budget allocation levels. In 2016, the central government supported localities that could not balance their budgets independently; the remaining localities were self-funded by their own budgets.

Article 8. Establishing the budget estimate, allocating and settling the state budget

1. The establishment, allocation, utilization, management and settlement of support funding shall be carried out in accordance with the provisions of the State Budget Law, the Accounting Law and detailed implementing regulations.

For the year 2016, based on the results of support implementation at the local level, the Provincial People's Committee shall report in writing to the Ministry of Health and the Ministry of Finance the specific number of beneficiaries and the support funds provided. The Ministry of Finance will provide additional funding with a target for the locality.

Article 9. Reporting System

1. Report on the implementation of the support policy according to Model No. 05 issued together with this Circular.

2. For the People's Committees at all levels

a) Before October 15 each year, the People's Commune Council shall prepare a report and send it to the District People's Committee (through the Population and Family Planning Center or the population work agency at the district level). The population worker at the commune level shall assist the Chairman of the People's Commune Council in preparing the annual report on the implementation of the support policy in their area.

b) Before October 25 each year, the District People's Committee shall prepare a report and send it to the Provincial People's Committee (through the Population and Family Planning Sub-Department). The Population and Family Planning Center or the population work agency at the district level shall assist the Chairman of the District People's Committee in preparing the annual report on the implementation of the support policy in their area.

c) Before November 5 each year, the Provincial People's Committee shall prepare a report and send it to the Ministry of Health (through the National Population and Family Planning Agency) and the Ministry of Finance. The Population and Family Planning Sub-Department shall assist the Director of the Health Department in preparing the annual report to the Provincial People's Committee on the implementation of the support policy in their area.

3. The National Population and Family Planning Agency shall assist the Minister of Health in preparing the annual report to the Government on the implementation of the support policy nationwide.

1. The People's Commune Council

a) Direct the population workers, laborers, and social workers in compiling lists of beneficiaries, reporting the need for funding to implement the support policy, checking files, guiding beneficiaries or relatives of beneficiaries to complete and supplement files, confirming beneficiaries of the support policy;

b) Organize the distribution of funds to beneficiaries, recover funds from beneficiaries who have received support but violated commitments as prescribed;

c) Publicize beneficiaries before and after the support decision in accordance with current regulations;

d) Inspect and supervise the implementation of the support policy;

đ) Manage and monitor beneficiaries in fulfilling their commitment not to have additional children contrary to population policy or violating the support policy once;

e) Report on the implementation of the support policy.

2. The Population and Family Planning Center, the agency responsible for population work at the district level

a) Guide the population workers at the commune level in confirming beneficiaries of the correct population policy;

b) Prepare the budget for implementing the support policy;

c) Distribute funds for implementing the support policy to the commune level;

d) Inspect and supervise the implementation of the support policy;

đ) Report on the implementation of the support policy;

e) Manage and monitor beneficiaries in fulfilling their commitment not to have additional children contrary to population policy or violating the support policy once.

3. The Finance Department

a) Consolidate the budget for implementing the support policy sent by the Population and Family Planning Center or the population work agency at the district level;

b) Guide the People's Commune Council in distributing and recovering funds for implementing the support policy;

c) Inspect and supervise the implementation of the support policy.

4. The Labor, Invalids and Social Affairs Department

a) Guide the social workers at the commune level in confirming the criteria for beneficiaries of the support policy;

b) Inspect and supervise the implementation of the support policy.

5. The Population and Family Planning Sub-Department

a) Consolidate the budget for implementing the support policy sent by the Population and Family Planning Center or the population work agency at the district level;

b) Guide the Population and Family Planning Center or the population work agency at the district level in confirming beneficiaries of the correct population policy, the implementation of the support policy in the area;

c) Inspect, check, and supervise the implementation of the support policy;

d) Report on the implementation of the support policy.

6. The Health Department

a) Direct and guide the Population and Family Planning Sub-Department, the Population and Family Planning Center or the population work agency at the district level, and the population workers at the commune level in promoting and implementing the one-time support policy for poor women from ethnic minorities when they give birth in accordance with population policy as stipulated in Decree No. 39/2015/NĐ-CP;

b) Inspect, check, and supervise the implementation of the support policy;

c) Report on the implementation of the support policy.

7. The Finance Department

a) Consolidate the budget for implementing the support policy in the province or city into the provincial budget estimate and submit it to the competent authority for decision in accordance with the State Budget Law and implementing regulations.

b) Advise the People's Committee of the province to guide the establishment, use, settlement, and final accounting of funds during the implementation of support policies on the local area and recover funds from recipients who have violated their commitments as prescribed;

c) Inspect, check, and supervise the implementation of support policies.

8. Department of Labor, Invalids, and Social Affairs

a) Guide the Labor, Invalids, and Social Affairs Office and labor, invalids, and social affairs workers at the commune level to implement support policies;

b) Inspect, check, and supervise the implementation of support policies.

9. People's Committees of provinces and districts

Direct specialized agencies: Prepare and consolidate budget estimates for implementing support policies; guide the use, distribution, settlement, recovery of funds when beneficiaries violate their commitments; verify criteria for receiving support policies; organize the distribution of support policies; report on the implementation of support policies; inspect and supervise the implementation of support policies; disseminate and publicize support policies; manage and monitor beneficiaries in fulfilling their commitment not to have additional children contrary to population policy or violating support policies once.

10. General Department of Population and Family Planning

a) Guide and organize the implementation of support policies;

b) Inspect, check, and supervise the implementation of support policies;

d) Summarize and report to the Minister of Health difficulties and obstacles encountered during the implementation to propose amendments and supplements to this Circular.

Article 11. Implementation Provisions

1. This Circular takes effect from May 30, 2016.

2. The support policy for poor women from ethnic minorities who comply with population policy when giving birth as stipulated in this Circular shall be implemented from June 15, 2015.

3. In case the referenced documents applied in this Circular are amended, supplemented, or replaced, they shall be implemented according to the amended, supplemented, or replaced documents.

Article 12. Responsibility for Implementation

1. The Minister, Heads of Ministries equivalent to Ministries, Heads of government agencies; Chairmen of People's Committees of provinces and centrally governed cities are responsible for implementing this Circular.

2. During the implementation process, if there are difficulties or obstacles, it is requested that agencies, organizations, and individuals reflect these issues to the Ministry of Health, the Ministry of Finance, and the Ministry of Labor, Invalids, and Social Affairs for consideration and resolution./.