Decree No. 09/2013/ND-CP guiding the Law on Preventing and Combating Trafficking in Persons

DECREE

Implementing detailed provisions of certain articles of LAmendment and Supplement to Certain Provisions of the Tobacco Control Law "5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:to prevent and combat trafficking in persons

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Pursuant to the Law is agencies and organizations registered to participate in the System with one or more roles as follows: approved by the Government on December 25, 2001;

Pursuant to the Law "5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:to prevent and combat trafficking in persons on March 29, 2011;

Pursuant to the proposal of the Minister of Labor, Invalids and Social Affairs,;

The Government promulgates the Decreey This Circular includes "Technical Regulations for the Operation of Automatic Meteorological and Hydrological Stations".details ENVIRONMENTi Pursuant to Decree No. 11/2020/NĐ-CP dated October 15, 2020 of the Government detailing implementation of certain provisions and measures for organizing the implementation of the Law on Petitions;No. provision of the Law "5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:to prevent and combat trafficking in persons,

Chapter

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree specifies the implementation of certain Articles of the Law on Preventing and Combating Trafficking in Persons regarding the issuance, reissuance, amendment, supplementation, and extension of licenses for establishing support facilities for victims. "5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:to prevent and combat trafficking in persons concerning the issuance, reissuance, amendment, supplementation, and extension of licenses for establishing support facilities for victims.ia term of the License for Establishing Support Facilities for Victimsin support for victims; organization and activities of support facilities for victims and support policies, proceduresìfor providing support to victims.

Article 2. Encouragement Policy for Organizations and Individuals Participating in Victim Support Work

1. The State encourages organizations and individuals to establish support facilities for victims in accordance with this Decree; at the same time, it supports resources for public social welfare institutions to fulfill their victim support tasks., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP Organizations and individuals establishing support facilities for victims shall enjoy preferential policies according to the laws on encouraging socialization in education, vocational training, healthcare, culture, sports, and environmental activities.

Article 3. Funding for Implementing Support Policies for Victims

Funding for implementing support policies for victims comes from the following sources:

1. State budget;

a) Sponsorship from domestic and foreign organizations and individuals;

b) Other lawful sources as prescribed by law.

c) Funding for implementing support policies for victims from the state budget as stipulated in this Decree shall be allocated within the annual regular expenditure budget of ministries, sectors, and localities according to the current budget decentralization.

2. Local budgets shall provide support to support facilities for victims to meet essential needs and travel expenses, medical support, and psychological support for victims as prescribed in Articles 19, 20, and 21 of this Decree based on the number of victims assisted by the facility.

3. SUPPORT FACILITIES FOR VICTIMS

Chapter

ISSUANCE, REISSUANCE, AMENDMENT, SUPPLEMENTATION, AND EXTENSION OF LICENSES FOR ESTABLISHING SUPPORT FACILITIES FOR VICTIMS

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Article 4. Conditions for Establishing Support Facilities for Victims

Conditions for establishing support facilities for victims:

1. Having a stable workplace with convenient transportation;

a) Minimum natural land area of 15 square meters per victim; average living space of 05 square meters per victim;

b) Adequate equipment and means suitable for victim support tasks;²At least 05 (five) staff members, including²02 (two) staff members with a college degree or higher in social work.

c) 2. The Ministry of Labor, Invalids, and Social Affairs shall specify in detail the conditions for establishing support facilities for victims as decided in Clause 1 of this Article.

d) Article 5. Authority to Issue, Reissue, Amend, Supplement, and Extend Licenses for Establishing Support Facilities for Victimsshall The Chairman of the People's Committee of the province or centrally governed city (hereinafter referred to as the Provincial People's Committee), where the support facility for victims plans to establish its headquarters, has the authority to issue, reissue, amend, supplement, and extend the license for establishing a support facility for victims (hereinafter referred to as the establishment license).

Article 6. Procedures for Submitting, Accepting, and Processing Applications for Issuing Establishment Licenses

Organizations and individuals applying for an establishment license shall submit one set of application documents as prescribed in Article 7 of this Decree to the Department of Labor, Invalids, and Social Affairs at the location where the headquarters is planned to be established for review.

The Department of Labor, Invalids, and Social Affairs is responsible for accepting and processing applications. In cases where the application is incomplete, the Department must notify the organization or individual in writing within three working days from the date of receipt of the application to complete the application.itself The establishment license for victim support facilities (hereinafter referred to as the establishment license) shall be issued, renewed, amended, supplemented, and extended by the competent authority having jurisdiction over the proposed location.

Article 6. Procedures for submitting, receiving, and processing applications for the establishment license

1. Organizations and individuals applying for the establishment license shall submit one set of application files in accordance with Article 7 of this Decree to the Department of Labor, Invalids, and Social Affairs at the location where the facility is planned to be established for review.

2. The Department of Labor, Invalids, and Social Affairs shall be responsible for receiving and processing the application files. In cases where the application files are incomplete, within three working days from the date of receipt of the files, the Department of Labor, Invalids, and Social Affairs must notify the organization or individual in writing to complete the files.

Article 7. Documents for Application to Issue a License for Establishment

1. The application for issuing a license for establishment shall be made according to the form prescribed by the Ministry of Labor, Invalids and Social Affairs.

2. The project for establishing a victim support facility, including the following contents: necessity; objectives; tasks; organizational structure and personnel; conditions ensuring operation; feasibility of the project.

3. Personal history of the person expected to head the victim support facility.

4. Relevant documents and papers proving compliance with the conditions for establishment as stipulated in Article 4 of this Decree.

Article 8. Examination of Documents for Application to Issue a License for Establishment

1. The Department of Labor, Invalids and Social Affairs shall examine the following contents:

a) The necessity of establishing a victim support facility;

b) Objectives, scope of activities, name, tasks and powers; organizational structure and personnel; financial mechanism;

c) Conditions ensuring the operation of the victim support facility upon being permitted to establish;

d) Feasibility of establishing and operating the victim support facility tr.

2. Time limit for examination of documents: Within 15 (fifteen) working days from the date of receipt of complete and valid documents, the Department of Labor, Invalids and Social Affairs must conduct the examination and submit a report to the Chairmanto of the provincial People's Committee for consideration and decision. DECREES:y ban nhân dân shall be examined and decided upon by the provincial People's Committee.

Article 9. Decision to Issue a License for Establishment

1. The Chairman of the Provincial People's Committee shall decide on issuing a license for establishment based on the proposal submitted by the Department of Labor, Invalids and Social Affairs.

2. The license for establishment has a maximum validity period of 05 (five) years, including the following main contents:

a) Name of the facility, main office address, telephone number, fax number (if any);

b) Name of the head;

c) Scope of activities, supported services.

3. The Ministry of Labor, Invalids and Social Affairs shall prescribe the form of the license for establishment of a victim support facility.

4. Time limit for issuing a license for establishment:

a) Within 07 (seven) working days from the date of receipt of the proposal submitted by the Department of Labor, Invalids and Social Affairs, the Chairman of the Provincial People's Committee shall consider and decide on issuing the license for establishment;

b) If a level crossing meets the conditions for signal connection as stipulated in Clause 1, Point c of Article 4 of this Circular but cannot achieve signal connection, the organization managing traffic lights on roads and the project investor implementing investment, construction, and upgrading of roads and railways in the area of the level crossing must report to the Ministry of Transport for consideration and decision.nationalIf the license for establishment is not issued, within 03 (three) working days, the Chairman of the Provincial People's Committee must respond in writinga.amendprovide n copies and specify the reasons.

Article 10. Cases Where a License for Establishment Will Not Be Issued

1. Foreign organizations and individuals.

2. Vietnamese organizations and individuals falling under any of the following cases:

a) Failure to meet the conditions prescribed in Article 4 of this Decree;

b) The establishment of a victim support facility causing harm to national defense, national security, public order, social safety, or taking advantage of the establishment of a victim support facility to commit acts violating the law;

c) Hồ Incomplete documents.

Article 11. Amendment and Supplement to the License for Establishment

1. The license for establishment must be amended and supplemented trin the following cases:

a) Change of head;

b) Change of location of the main office;

c) Change of name, scope of activities, and supported services approved.

2. Documents for application to amend and supplement the license for establishment include:, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPAn application for amendment and supplement to the license for establishment according to the form prescribed by the Ministry of Labor,

a) Invalids and Social Affairs; - A copy of the issued license for establishment;

b) Supporting documents proving the changes as stipulated in Clause 1 of this Article.

c) VamendWithin 10 (ten) working days from the date of change, the organization or individual holding the license for establishment must submit one set of documents as prescribed in Clause 2 of this Article to

3. the Ministry of Labor, Invalids and Social Affairs for the amendment and supplement procedures. the The Department of Labor, Invalids and Social Affairs is responsible for receiving and processing the documents. In case the documents are incomplete, within 03 (three) working days from the date of receipt of the documents, the Department of Labor, Invalids and Social Affairs must notify in writing the organization or individual to complete the documents.

4. Within 07 (seven) working days from the date of receipt of complete and valid documents, the Department of Labor, Invalids and Social Affairs is responsible for examining and submitting to the Chairman of the Provincial People's Committee for consideration and decision on amending and supplementing the license for establishment.nationalWithin 07 (seven) working days from the date of receipt of the proposal submitted by the

5. Department of Labor, Invalids and Social Affairs, the Chairman of the Provincial People's Committee shall decide on amending and supplementing the license for establishment., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPIn case of disagreement with the amendment and supplementation of the license for establishment, within 03 (three) working days, the Chairman of the Provincial People's Committee must respond in writing and specify the reasons.

6. Within seven working days from the date of receipt of the proposal document from the Department of Labor, Invalids, and Social Affairs, the Chairman of the Provincial People's Committee shall decide on amending and supplementing the establishment license.in Labor, Invalids, and Social Affairs, the Chairman of the Provincial People's Committee shall decide on extending the establishment license within seven working days from the date of receipt of the proposal document from the Department of Labor, Invalids, and Social Affairs. The maximum extension period for the establishment license is five years.

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Article 12. Reissuing the Establishment Permit

1. Organizations and individuals may have the Establishment Permit reissued in cases where it is lost, torn, or destroyed.For power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.The application for reissuing the Establishment Permit includes:

2. A request for reissuing the Establishment Permit according to the form prescribed by the Ministry of Labor, Invalids, and Social Affairs;

a) Evidence and documents proving that the Establishment Permit has been lost, torn, or destroyed. lWithin ten (10) working days from the date of discovering the loss, tear, or destruction of the Establishment Permit, organizations and individuals must submit one (1) set of documents as stipulated in Clause 2 of this Article to the Department of Labor, Invalids, and Social Affairs to process the reissuance.

b) Appendix lWithin seven (7) working days from the date of receiving valid documents, the Department of Labor, Invalids, and Social Affairs shall be responsible for reviewing and submitting to the Chairman of the Provincial People's Committee for consideration and decision on the reissuance of the Establishment Permit.

3. Within seven (7) working days from the date of receipt of the proposal document from the Department of Labor, Invalids, and Social Affairs, the Chairman of the Provincial People's Committee decides on the reissuance of the Establishment Permit.

4. The Department of Labor, Invalids, and Social Affairs shall be responsible for receiving and processing the application files. In cases where the application files are incomplete, within three working days from the date of receipt of the files, the Department of Labor, Invalids, and Social Affairs must notify the organization or individual in writing to complete the files.

5. In case of disagreement with the reissuance of the Establishment Permit, within three (3) working days from the date of receipt, the Chairman of the Provincial People's Committee must respond in writing and clearly state the reasons.

6. Article 13. Extending the Establishment Permit - Organizations and individuals may extend the Establishment Permit if they meet the following conditions:

There is a need to continue implementing support activities for victims; intention The victim support facility does not violate the law. lintention For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;c) Amend and supplement Clause 17 as follows:

The application for extension includes:

1. A request for extending the Establishment Permit according to the form prescribed by the Ministry of Labor, Invalids, and Social Affairs;

a) A report on the situation of victim support provided by the facility up to the time of requesting an extension and the future direction of the facility's operations;

b) The original Establishment Permit already issued.

2. At least thirty (30) working days before the expiration of the Establishment Permit, organizations and individuals must submit one (1) set of documents as stipulated in Clause 2 of this Article to the Department of Labor, Invalids, and Social Affairs to process the extension.

a) The Department of Labor, Invalids, and Social Affairs is responsible for receiving and processing the application. If the application is incomplete, within three (3) working days from the date of receipt, the Department of Labor, Invalids, and Social Affairs must notify the organization or individual in writing to complete the application.

b) Within seven (7) working days from the date of receiving valid documents, the Department of Labor, Invalids, and Social Affairs shall be responsible for reviewing and submitting to the Chairman of the Provincial People's Committee for consideration and decision on the extension of the Establishment Permit.

c) Within seven (7) working days from the date of receipt of the proposal document from the Department of Labor, Invalids, and Social Affairs, the Chairman of the Provincial People's Committee decides on the extension of the Establishment Permit. The maximum duration of the extended Establishment Permit is five (5) years.

3. In case of disagreement with the extension of the Establishment Permit, within three (3) working days from the date of receipt, the Chairman of the Provincial People's Committee must respond in writing and clearly state the reasons.policiesOPERATIONS OF VICTIM SUPPORT FACILITIES

4. Article 14. Principles of Organization and Operation of Victim Support Facilitieso Victim support facilities are established and organized based on the principle of voluntariness, self-financing; operate without profit-making purposes and are accountable under the law.nationalVictim support facilities can only provide victim support services within the scope permitted by the Establishment Permit; comply with laws and professional guidance on victim support work issued by the Ministry of Labor, Invalids, and Social Affairs. to perform work from the date of receiving the file. file, the Department of Labor - Invalids and Social Affairs must notify in writing to the relevant organizations and individuals to complete the file.ồ Within seven (7) working days from the date of receiving a valid file, the Department of Labor - Invalids and Social Affairs shall be responsible for reviewing and submitting to the Chairman of the Provincial People's Committee for consideration and decision on extending the Establishment Permit.logoWithin seven (7) working days from the date of receiving the proposal document from the Department of Labor - Invalids and Social Affairs, the Chairman of the Provincial People's Committee shall decide on extending the Establishment Permit. The maximum extension period for the Establishment Permit is five (5) years., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP In case of disagreement with the extension of the Establishment Permit, within three (3) working days from the date of receipt, the Chairman of the Provincial People's Committee must respond in writing and clearly state the reasons.policiesORGANIZATION AND OPERATION OF SUPPORT BASES FOR VICTIMS

5. Article 14. Principles of organization and operation of support bases for victims

6. Support bases for victims are established and organized based on the principle of voluntariness and self-financing; they operate without profit-making purposes and are accountable under the law.

Support bases for victims can only provide victim support services within the scope permitted by the Establishment Permit; they must comply with laws, professional guidance on victim support work issued by the Ministry of Labor - Invalids and Social Affairs.

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and other related regulations.

They may mobilize domestic and foreign financial resources to carry out victim support work.

1. The name, address, and phone number of the person in charge must be displayed below the Vietnamese text. The base must have a chart of its departments and must publicly display it along with a certified copy of the Establishment Permit at its headquarters.

2. engaging in human trafficking, child trafficking; exploiting, coercing labor or conducting other illegal activities;ofailing to report violations as required.

Article 15. Tasks and Authorities of Victim Support Facilities

1. Implement victim support tasks as prescribed in Clause 1, Article 40 of the Law and other relevant provisions on preventing and combating trafficking in persons. "5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:violating regulations on issuance, reissuance, amendment, supplementation, and extension of the Establishment Permit as stipulated in Section 1, Chapter II of this Decree;

Have the right to request competent authorities to cooperate organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.d) After the temporary suspension or cessation period, the support base for victims does not implement the requirements of the inspection and supervision agencies.specialized agency under the People's Committee of the province/city. in implementing measures to ensure safety for victims as prescribed in the law.a legal regulations.

3. Are entitled to recruit labor to work at the facility. Recruitment and employment of labor shall be carried out in accordance with labor laws. lAre entitled to mobilize domestic and foreign financial resources to carry out victim support activities.

4. Within three (3) working days from the date of recording the violation of the support base for victims according to Clause 1 and Clause 2 of this Article, the Director of the Department of Labor - Invalids and Social Affairs must prepare a document proposing the Chairman of the Provincial People's Committee to consider and decide on temporarily suspending operations or revoking the Establishment Permit of the support base for victims.

Article 16. Responsibilities of Victim Support Facilities

1. Operate within the scope and content specified in the Establishment License.

2. Responsibility to report the operation of the victim support facility:

a) Within thirty (30) working days lfrom the date of issuance of the Establishment License, the victim support facility must publish information about its name, contact address, field of activity, bank account, name and position of the head, and telephone number in a local newspaper or central newspaper for five (5) consecutive issues.êWithin five (5) working days from the date of receiving the proposal document from the Director of the Department of Labor - Invalids and Social Affairs, the Chairman of the Provincial People's Committee will consider and decide on temporarily suspending operations or revoking the Establishment Permit.

b) At least fifteen (15) working daysamendbefore commencing operations, the facility must notify the Department of Labor, Invalids and Social Affairs in writing of the start date and field of activity.

c) At the main office of the facility, there must be a sign displaying the name of the victim support facility, telephone number, and address. If foreign language is used, the font size must be smaller and placed below the Vietnamese text. The facility must have a layout of the working departments and it must be publicly posted along with a certified copy of the Establishment License at the main office.policiesProviding food assistance during the temporary stay at the support base or social welfare institution. The maximum duration of support from the state budget does not exceed sixty (60) days.policiesProviding necessary clothing and personal items. Victims staying at social welfare institutions or support bases for victims will be provided two (2) sets of long clothes, two (2) sets of underclothes, towels, plastic sandals, toothbrushes, toothpaste, soap, sanitary napkins (for female victims).ồ If victims wish to return to their place of residence but lack the means to pay for transportation and food during travel, they will be supported with food during the journey; transportation costs will be covered according to public transport rates.

3. Report periodically on the results of victim support activities to the Department of Labor, Invalids and Social Affairs as prescribed.

Article 17. Temporary Suspension of Operations, Revocation of Establishment License

1. The Chairman of the Provincial People's Committee decides to temporarily suspend the operations of victim support facilities in the following cases:

a) The victim support facility does not meet the operating conditions as stipulated in Article 4 of this Decree; fails to comply with the specialized regulations and guidelines on victim support issued by the Ministry of Labor, Invalids and Social Affairs;

b) The victim support facility fails to fulfill the responsibilities prescribed in Article 16 of this Decree.

2. The Chairman of the Provincial People's Committee revokes the Establishment License of the victim support facility in the following cases:ỗ The victim support facility does not operate for six (6) months from the date of issuance of the Establishment License; ceases operations continuously for six (6) months without notifying the Department of Labor, Invalids and Social Affairs;

a) There are signs or grounds indicating that the facility exploits victim support activities for human trafficking, child trafficking; forced labor or engages in other illegal activities;

b) The victim support facility does not report periodically as required by the Ministry of Labor, Invalids and Social Affairs on the operation of the facility; does not submit reports upon request of the inspection agency within sixty (60) days from the date of the written request by the inspection agency;national For power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.periodFor minors, the District, County, or City Labor - Invalids and Social Affairs Office (hereinafter referred to as the County Labor - Invalids and Social Affairs Office) or the competent authority of the Ministry of Public Security or the Ministry of Defense shall be responsible for themselves or in coordination with the support base for victims or social welfare institution to escort the victim back to where relatives reside.development Responsibilities for providing support:

c) The agencies responsible for implementing essential needs support as stipulated in Point a and Point b, Clause 2 of this Article include: the People's Committee at the commune level; police, border guard, maritime police (units receiving and rescuing victims); support bases for victims; social welfare institutions.councillORSThe victim support facility violates the provisions on issuance, reissuance, amendment, supplementation, and extension of the Establishment License as prescribed in Section 1, Chapter II of this Decree;ầd) After the temporary suspension period, if the victim support facility does not comply with the requirements of the inspection agency.developmentWithin three (3) working days from the date of recording the violation of the victim support facility according to Clause 1 and Clause 2 of this Article, the Director of the Department of Labor, Invalids and Social Affairs must prepare a document requesting the Chairman of the Provincial People's Committee to consider and decide on temporarily suspending operations or revoking the Establishment License of the victim support facility. trWithin five (5) working days from the date of receipt of the document prepared by the Director of the Department of Labor, Invalids and Social Affairs, the Chairman of the Provincial People's Committee will consider and decide on temporarily suspending operations or revoking the Establishment License.

d) If the People's Committee at the commune level; police, border guard, maritime police (units receiving and rescuing victims) cannot arrange accommodation and meals for victims, after receiving and rescuing them and completing procedures to identify victims, the receiving and rescuing units shall transfer the victims to social welfare institutions or support bases for victims to provide support as prescribed.

The agencies responsible for providing transportation and meal expenses as stipulated in Point c, Clause 2 of this Article include: the County Labor - Invalids and Social Affairs Office; social welfare institutions, support bases for victims..

3. In cases where the victim is a minor, social welfare institutions and support bases for victims shall be responsible for appointing guardians throughout the process; when the victim is at the institution and undergoing legal procedures to return to their place of residence.onInspecting and supervising the implementation of policies and laws on victim support in the area; summarizing and reporting regularly and urgently on victim support work as prescribed by the Ministry of Labor - Invalids and Social Affairs.

4. This Decree takes effect from April 15, 2013.amendn bản đề nghị của Giám đốc Sở Lao động - Thương binh và Xã hội, Chủ tịch The ban nhân dân cấp tỉnh xem xét, quyết định tạm thời đình chỉ hoạt động hoặc thu hồi Giấy phép thành lập.

Article 18. Termination of operations of victim support facilities

1. Victim support facilities terminate their operations in the following cases: trAt the request of the organization or individual establishing them;

a) Upon expiration of the term of operation as specified in the Establishment License without the establishment organization or individual requesting an extension;

b) Upon expiration of the term of operation as specified in the Establishment License without being extended by the competent authority;This Resolution takes effect from the date it is adopted by the National Assembly.Revocation of the Establishment License in accordance with Clause 2, Article 17 of this Decree.

c) The procedures and time for requesting termination of operations in the case stipulated in Point a, Clause 1 of this Article include:

d) BcouncillORS The establishment organization or individual must submit a request to terminate operations in the form prescribed by the Ministry of Labor, Invalids and Social Affairs to the Department of Labor, Invalids and Social Affairs at the location where the victim support facility is based;

2. Within five working days from the date of receipt of the request to terminate operations, the Department of Labor, Invalids and Social Affairs must issue a document requesting the Chairman of the Provincial People's Committee to consider and decide;

a) Within at least thirty working days before the planned date of termination of operations as stipulated in Points a and b, Clause 1 of this Article, the head of the victim support facility must notify the Department of Labor, Invalids and Social Affairs at the location where the facility is based about the termination of operations, the plan to address victims, workers, and other interested parties. The planned termination date must be publicly announced at the facility's headquarters.

b) Within fifteen working days from the date the Chairman of the Provincial People's Committee decides not to extend the Establishment License for the victim support facility or the date specified for revoking the license as stipulated in Points c and d, Clause 1 of this Article, the Provincial People's Committee must announce the termination of operations and clearly state the termination date of the victim support facility. lREGIME OF SUPPORT, PROCEDURES FOR IMPLEMENTING THE SUPPORT REGIME FOR VICTIMS

c) Within fifteen working days from the date the Chairman of the Provincial People's Committee decides not to extend the Establishment License for the victim support facility or the date specified for revoking the license as stipulated in Points c and d, Clause 1 of this Article, the Provincial People's Committee must announce the termination of operations and clearly state the termination date of the victim support facility. lArticle 19. Support for essential needs and travel expenses

3. The beneficiaries include the following cases: trVictims who are Vietnamese citizens, stateless persons residing in Vietnam, foreigners trafficked in Vietnam;

Persons awaiting verification as victims under Articles 24 and 25 of the Law on Prevention and Combating Trafficking in Persons;toMinors accompanying victims.development The support regime includes:policiesProvision of food allowance during temporary residence at social welfare centers or victim support facilities. The maximum period of support from the State budget does not exceed sixty days;ồCertificate of professional competence for marine pilotsof the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home AffairsProvision of clothing and necessary personal items. Victims temporarily residing at social welfare centers or victim support facilities are provided with two sets of long-sleeved clothes, two sets of underclothes, face towels, plastic slippers, toothbrushes, toothpaste, soap, sanitary napkins (for female victims);

Chapter

Victims who wish to return to their place of residence but lack the means to pay for transportation and food during the journey will be supported with food allowances for the days of travel; and transportation costs according to public transport rates.

For minor victims, the District, County, City Labor, Invalids, and Social Affairs Office (hereinafter referred to as the District Labor, Invalids, and Social Affairs Office) or the competent authority of the Ministry of Public Security or the Ministry of National Defense shall be responsible for themselves or in coordination with victim support facilities or social welfare centers to return the victims to the place of residence of their relatives.

1. Responsibilities for implementing support:

a) The agencies responsible for implementing the support for essential needs as stipulated in Points a and b, Clause 2 of this Article include: the People's Committee of the commune; police, border guard, coast guard units (units receiving and rescuing victims); victim support facilities; social welfare centers.

b) In cases where the People's Committee of the commune; police, border guard, coast guard units (units receiving and rescuing victims) do not have the conditions to arrange accommodation and meals for victims, after receiving and rescuing victims and completing the procedures to identify victims, the receiving and rescuing units transfer victims to social welfare centers or victim support facilities to implement support as prescribed. "5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:The agencies responsible for providing transportation and meal allowances as stipulated in Point c, Clause 2 of this Article include: the District Labor, Invalids, and Social Affairs Office; social welfare centers, victim support facilities.

c) In cases where the victim is a minor, social welfare centers and victim support facilities are responsible for appointing guardians throughout the process; when the victim stays at the center, they will handle legal procedures to return to their place of residence.

2. Based on the support regimes for victims stipulated in Clause 2 of this Article and the actual situation of the locality, the agencies stipulated in Clause 3 of this Article prepare budgets within the annual regular expenditure budget of the unit for submission to the competent authority for approval.

a) Hỗ trợ tiền ăn trong thời gian tạm trú tại cơ sin bảo trợ, cơ sở hỗ trợ nạn nhân. Thời gian hỗ trợ tối đa từ nguồn ngân sách nhà nước không quá 60 (sáu mươi) ngày;

b) Hỗ trợ quần áo, vật dụng sinh hoạt cá nhân cần thiết. Nạn nhân trong thời gian tạm trú tại cơ sở bảo trợ xã hội, cơ sở hỗ trợ nạn nhân được cấp 02 (hai) bộ quần áo dài, 02 (hai) bộ quần áo lót, khăn mặt, dép nhựa, bàn chải, thuốc đánh răng, xà phòng, băng vệ sinh (đối với nạn nhân là nữ);

c) Nạn nhân có nguyện vọng trở về nơi cư trú nhưng không có khả năng chi trả tiền tàu xe và tiền ăn trong thời gian đi đường thì được hỗ trợ tiền ăn trong những ngày đi trên đường; hỗ trợ tiền tàu xe theo giá phương tiện công cộng phổ thông.

Nạn nhân là người chưa thành niên thì Phòng Lao động - Thương binh và Xã hội quận, huyện, thị xã thuộc tỉnh (sau đây gọi chung là Phòng Lao động - Thương binh và Xã hội cấp huyện) hoặc cơ quan có thẩm quyền của Bộ Công an, Bộ Quốc phòng có trách nhiệm tự mình hoặc phối hợp với cơ sở hỗ trợ nạn nhân, cơ sở bảo trợ xã hội đưa nạn nhân về nơi người thân thích cư trú.

3. Trách nhiệm thực hiện việc hỗ trợ:

a) Cơ quan chịu trách nhiệm thực hiện việc hỗ trợ nhu cầu thiết yếu quy định tại Điểm a, Điểm b Khoản 2 Điều này gồm: Ủy ban nhân dân cấp xã; cơ quan công an, bộ đội biên phòng, cảnh sát biển (đơn vị tiếp nhận, giải cứu nạn nhân); cơ sở hỗ trợ nạn nhân; cơ sở bảo trợ xã hội.

Trường hợp Ủy ban nhân dân cấp xã; cơ quan công an, bộ đội biên phòng, cảnh sát biển (đơn vị tiếp nhận, giải cứu nạn nhân) không có điều kiện bố trí ăn, ở cho nạn nhân, sau khi tiếp nhận, giải cứu và làm các thủ tục xác định nạn nhân, cơ quan tiếp nhận, giải cứu chuyển nạn nhân đến cơ sở bảo trợ xã hội, cơ sở hỗ trợ nạn nhân để thực hiện việc hỗ trợ theo quy định.

b) Cơ quan chịu trách nhiệm hỗ trợ tiền tàu xe và tiền ăn theo quy định tại Điểm c Khoản 2 Điều này gồm: Phòng Lao động - Thương binh và Xã hội cấp huyện; cơ sở bảo trợ xã hội, cơ sở hỗ trợ nạn nhân.

Trường hợp nạn nhân là người chưa thành niên thì cơ sở bảo trợ xã hội, cơ sở hỗ trợ nạn nhân chịu trách nhiệm cử người giám hộ trong suốt quá trình; nạn nhân ở cơ sở, khi làm các thDeputy ministers of ministerial-level agencies, tục pháp lý để trở về nơi cư trú.

4. BASED on the support regimes for victims stipulated in Clause 2 of this Article and the actual situation of the locality, the agencies specified in Clause 3 of this Article shall prepare the budget for regular annual expenditures from the unit's budget to be submitted for approval by the competent authority.

Article 20. Medical Support

1. The beneficiaries of medical support include victims during their stay at social welfare facilities or victim support facilities.

2. The medical support regime includes examination fees and treatment costs.

3. During the stay trat social welfare facilities or victim support facilities, victims are provided with healthcare services to recover their health. In cases where victims suffer from severe illness and need to be transferred to a medical facility for treatment, the examination and treatment costs at such medical facilities shall be borne by the victim or their family.ìThe family of the victim shall bear these costs themselves.

For victims who belong to poor households, near-poor households, policy families under the Ordinance on Preferential Treatment for Persons Contributing to the Revolution, or minors, the victim support facilities will provide financial support for examination and treatment costs according to the level covered by the health insurance fund for corresponding beneficiaries. For victims without relatives, the support facility will cover examination and treatment costs according to the level covered by the health insurance fund for poor household members.

If the beneficiary has a valid health insurance card, the health insurance fund will cover the examination and treatment costs according to the laws on health insurance.

4. If a level crossing meets the conditions for signal connection as stipulated in Clause 1, Point c of Article 4 of this Circular but cannot achieve signal connection, the organization managing traffic lights on roads and the project investor implementing investment, construction, and upgrading of roads and railways in the area of the level crossing must report to the Ministry of Transport for consideration and decision.nationalIf a victim dies during their stay at a social welfare facility or victim support facility, within 24 (twenty-four) hours from the conclusion of the relevant authorities, if the relatives cannot arrive in time or do not have the conditions to arrange funeral services, the social welfare facility or victim support facility shall be responsible for organizing the funeral. The forensic examination costs and funeral expenses shall be implemented according to the regulations for beneficiaries at Social Welfare Centers.g||| The costs of forensic medical examination and funeral expenses shall be implemented according to the regulations applicable to subjects at social welfare centers.

5. Based on the provisions of Clause 3 and Clause 4 of this Article and the actual situation of the locality, the social welfare facility or victim support facility shall prepare an annual budget for medical support costs to be submitted to the competent authority for approval.đượ ||| Associations, victim support facilities shall prepare the annual budget for medical support costs to be submitted for approval by the competent authority.

Article 21. Psychological Support

1. Recipient The beneficiaries of psychological support include victims during their stay at social welfare facilities or victim support facilities.

2. The psychological support regime for victims includes counseling and psychological therapy for victims and implementing group therapy methods.

3. The social welfare facility or victim support facility is responsible for organizing activities to help victims stabilize their mental state during their stay. tr||| Victims are responsible for organizing activities to support and stabilize the psychological state of victims during their stay. trFor victims who are minors, the social welfare facility or victim support facility is responsible for contacting and assessing the safety level for the victim when returning home or to their place of residence before releasing the victim.ê||| Social welfare centers, victim support facilities are responsible for contacting and assessing the level of safety for victims when returning home or to their place of residence before transferring the victim back.°||| tr|||

Article 22. Legal Aid

1. The beneficiaries include:

a) Victims who are Vietnamese citizens or stateless persons permanently residing in Vietnam;

b) Victims who are foreigners sold in Vietnam.

2. The legal aid regime includes: legal advice to prevent being sold again; assistance in procedures for registering residency, civil status, receiving support benefits, claiming compensation for damages, participating in litigation, and other related legal procedures.amendThe procedures for providing legal aid are carried out according to the laws on legal aid.

3. Procedures and formalities for legal aid shall be carried out in accordance with the laws on legal aid. tr||| Within three (3) working days from the date of receipt of the document submitted by the Department of Labor - Invalids and Social Affairs of the district, the Chairman of the People's Committee of the district shall consider and decide on providing cultural education support, vocational training support, and initial hardship allowances to victims.

Article 23. Cultural Education Support, Vocational Training Support, Initial Hardship Allowance

1. The beneficiaries include Vietnamese citizens or stateless persons permanently residing in Vietnam.

2. The cultural education support, vocational training support, and initial hardship allowance regime includes:

a) Victims belonging to poor households are exempted from tuition fees and supported with educational expenses according to current laws;

b) Victims who wish to undergo vocational training are supported once with vocational training costs. The level of support is based on the training costs at local vocational training institutions;

c) For victims belonging to poor households when returning to their place of residence, they are supported once with an initial hardship allowance according to the level set by the Ministry of Finance and the Ministry of Labor, Invalids, and Social Affairs.

3. The procedures for disbursing cultural education support, vocational training support, and initial hardship allowances to victims are as follows:

a) The application for support includes: A request for support from the victim or the victim's family, confirmed by the People's Committee of the commune according to the form prescribed by the Ministry of Labor, Invalids, and Social Affairs; a document from the competent authority confirming that the applicant is a victim; For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;Procedure and timeframe for resolution:

b) Within 12 (twelve) months from the date the competent authority confirms the person as a victim, the victim or the victim's family submits an application to the People's Committee of the commune where they reside.

Within 03 (three) working days from the date of receipt of the application from the victim or the victim's family, the Chairman of the People's Committee of the commune establishes a file and sends it to the Department of Labor, Invalids, and Social Affairs of the district.

Within 05 (five) working days from the date of receipt of the application file from the People's Committee of the commune, the Department of Labor, Invalids, and Social Affairs of the district is responsible for reviewing and submitting to the Chairman of the People's Committee of the district for consideration and decision.

Within 03 (three) working days from the date of receipt of the submission from the Department of Labor, Invalids, and Social Affairs of the district, the Chairman of the People's Committee of the district considers and decides on the disbursement of cultural education support, vocational training support, and initial hardship allowances to the victim..

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Article 24. Support for Loan Capital

Victims who have a need to borrow capital for production and business shall be considered for loan conditions from the Social Policy Bank. The conditions, duration, and amount of the loan shall be implemented according to the current regulations applicable to projects borrowing capital from the National Fund for Employment Resolution. For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;TRÁCH NHIỆM QUẢN LÝ NHÀ NƯỚC VỀ

Chapter

CÔNG TÁC HỖ TRỢ NẠN NHÂN

1. To draft and promulgate, within its authority, or submit to competent authorities for issuance of legal normative documents detailing the conditions for establishing victim support facilities, and standards for victim support services.

Direct, guide, disseminate and organize the implementation of legal normative documents, policies, and regimes concerning victim support.ỗ Inspect, audit, resolve complaints and denunciations, and handle violations of laws regarding the issuance, reissuance, amendment, supplementation, extension, and revocation of permits for the establishment and operation of victim support facilities and victim support policies and regimes.

2. Organize training and enhance the capacity of staff working on victim support; implement international cooperation on victim support.yThe Ministry of Finance, in collaboration with the Ministry of Labor, Invalids and Social Affairs, shall stipulate the contents and levels of expenditure for victim support work and the levels of expenditure for victim support regimes prescribed in this Decree.

3. Ministries: Public Security, Defense, Foreign Affairs, Health, Education and Training, Justice, and other relevant ministries and sectors within their respective functions, tasks, and powers shall have the responsibility to coordinate with the Ministry of Labor, Invalids and Social Affairs in managing state affairs related to victim support work.o Provincial People's Committees within their jurisdiction and authority shall manage state affairs related to victim support; guide People's Committees at the district and commune levels to implement victim support work as prescribed.

4. Direct the implementation of victim support work within their administrative areas in accordance with the provisions of the law; allocate funds to ensure the implementation of victim support as prescribed in this Decree. lImplement the issuance, reissuance, amendment, supplementation, extension, and revocation of permits for establishment; manage, supervise, inspect, audit, and handle violations related to the activities of victim support facilities.policies Inspect and audit the implementation of victim support policies and laws within their administrative areas; compile and report periodically and urgently on victim support work as prescribed by the Ministry of Labor, Invalids and Social Affairs.

Article 26. Responsibilities of Ministries and Sectors

1. This Decree takes effect from April 15, 2013.i||| The amount allocated for victim support work and the amount allocated for victim support benefits as prescribed in this Decree.

2. ||| Ministries: Public Security, Defense, Foreign Affairs, Health, Education and Training, Justice, and other relevant ministries and sectors within their respective functions, tasks, and authorities shall be responsible for coordinating with the Ministry of Labor - Invalids and Social Affairs in managing state administration over victim support work.No.||| Provincial People's Committees within their scope and authority shall manage state administration over victim support; guide district and commune People's Committees in implementing victim support work as prescribed.ê||| Direct the implementation of support for victims within the managed area in accordance with the law; allocate funds to ensure the implementation of victim support as prescribed in this Decree.

Article 27. Responsibilities of the Provincial People's Committee

1. ||| Organize the issuance, reissuance, amendment, supplementation, extension, and revocation of licenses for establishment; supervise, monitor, inspect, and handle violations related to the operation of victim support facilities.

2. ||| Inspect and audit the implementation of policies and laws on victim support in the area; compile and report periodically and urgently on victim support work as prescribed by the Ministry of Labor - Invalids and Social Affairs.

3. ||| This Decree takes effect from April 15, 2013.

4. Kiểm tra, thanh tra việc thực hiện các chính sách, pháp luật về hỗ trợ nạn nhân trên địa bàn; tổng hợp, báo cáo định kỳ và đột xuất công tác hỗ trợ nạn nhân theo quy định của Bộ Lao động - Thương binh và Xã hội.

Chapter

IMPLEMENTING PROVISIONS

Article 28. Effective Date

Nghị định này có hiệu lực thi hành kể từ ngày 15 tháng 4 năm 2013.

Article 29. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.