MINISTRY OF LABOUR, INVALIDS AND SOCIAL AFFAIRS-MINISTRY OF FINANCE ********	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ********
NUMBER: 10/2004/TTLT-BLĐTBXH-BTC	HA NOI, JUNE 28, 2004

JOINT CIRCULAR

JOINT CIRCULAR NO. 10/2004/TTLT-BLDTBXH-BTC OF THE MINISTRY OF LABOR, INVALIDS AND SOCIAL AFFAIRS AND THE MINISTRY OF FINANCE ON JUNE 28, 2004 GUIDING THE IMPLEMENTATION OF DECISION NO. 38/2004/QD-TTg OF THE PRIME MINISTER ON POLICIES TO ASSIST WITH LIVING EXPENSES FOR FAMILIES AND INDIVIDUALS WHO ADOPT AND CARE FOR ORPHANED CHILDREN AND ABANDONED CHILDREN

Pursuant to Decision No. 38/2004/QD-TTg dated March 17, 2004 of the Prime Minister on policies to assist with living expenses for families and individuals who adopt and care for orphaned children and abandoned children, the Ministry of Labor, Invalids and Social Affairs and the Ministry of Finance guide the implementation as follows:

I. OBJECTS

1. Recipients of financial assistance:

Families and individuals meeting the conditions stipulated in Article 2 and Article 4 of Decision No. 38/2004/QD-TTg dated March 17, 2004 of the Prime Minister on policies to assist with living expenses for families and individuals who adopt and care for orphaned children and abandoned children without caregivers (referred to collectively as orphaned children).

2. Recipients considered for financial assistance:

a. Grandparents who are caring for orphaned children when there are no parents or siblings;

b. Siblings who are caring for younger siblings when there are no parents;

The subjects mentioned in points a and b shall be considered for financial assistance when they lack the ability to care for the children.

II. DOCUMENTS AND PROCEDURES

1. Documents required to receive financial assistance for care:

Families and individuals caring for orphaned children as specified in Section I of this Circular must:

- Submit a request for financial assistance for the care of orphaned children to the People's Committee of the commune, ward, town where the family or individual resides (hereinafter referred to as the People's Committee at the commune level);

- Provide a written consent from the guardian;

- Copies of the birth certificates of the children being cared for;

- In cases where orphaned children aged nine years or older are adopted, the consent of the child must be expressed in writing by the guardian;

The above documents must be submitted in three sets to the People's Committee at the commune level where the family or individual resides.

2. Procedures and authority for reviewing requests for financial assistance for care:

a. People's Committee at the commune level:

- Review the legality of the adoption application according to Article 2 and Article 4 of Decision No. 38/2004/QD-TTg dated March 17, 2004 of the Prime Minister;

- Compile a list of those who have submitted applications and meet the conditions to adopt orphaned children;

- Establish a review board consisting of: The Chairman or Vice-Chairman of the People's Committee at the commune level as the Chairperson of the Board, members of the Board including representatives from the United Front, Women's Union, Youth Union, Association of the Elderly, and other relevant members such as: Police, Population and Family Planning, and Child Care; a labor and social affairs officer serves as the secretary of the Board, the review board must issue a conclusion in the form of a minutes (according to Model No. 01 attached to this Circular);

After the review board approves, the Chairman of the People's Committee at the commune level must submit a letter requesting approval to the People's Committee at the district level through the Department of Labor, Invalids and Social Affairs or the Organization and Labor Department (collectively referred to as the Department of Labor, Invalids and Social Affairs), accompanied by two sets of documents for each family or individual adopting orphaned children;

b. The Department of Labor, Invalids and Social Affairs reviews and compiles a list along with one set of documents for each family or individual meeting the conditions to adopt orphaned children, and submits it to the Chairman of the People's Committee at the district level for consideration. The Chairman of the People's Committee at the district level then issues a letter to the Department of Labor, Invalids and Social Affairs of the province or centrally-administered city (collectively referred to as the Department of Labor, Invalids and Social Affairs of the province);

c. The Department of Labor, Invalids and Social Affairs of the province reviews and compiles a list of families and individuals meeting the conditions to adopt orphaned children, and submits it to the People's Committee of the province or centrally-administered city (collectively referred to as the People's Committee at the provincial level) for a decision on the list of families and individuals receiving financial assistance for the care of orphaned children (Model 2a attached to this Circular) and notifies the Chairman of the People's Committee at the district level to implement;

For cases that do not meet the conditions for financial assistance, a letter must be issued explaining the reasons.

3. Procedures and authority for discontinuing financial assistance for care:

a. When the adopted orphaned child reaches fifteen years of age or dies, the Chairman of the People's Committee at the commune level must promptly report and compile a list to request discontinuation of financial assistance for the care of orphaned children, and submit it to the Chairman of the People's Committee at the district level through the Department of Labor, Invalids and Social Affairs;

- For families that no longer meet the conditions to care for orphaned children, the Chairman of the People's Committee at the commune level where the family or individual resides organizes a review meeting (the meeting includes members of the review board for financial assistance) and issues a conclusion in the form of minutes regarding the family or individual's inability to continue receiving financial assistance for the care of orphaned children (Model 01 attached to this Circular). After the review board approves, the Chairman of the People's Committee at the commune level must submit a letter (accompanied by the minutes of the review board) to the Chairman of the People's Committee at the district level through the Department of Labor, Invalids and Social Affairs;

b. The Department of Labor, Invalids and Social Affairs reviews and compiles a list of families and individuals caring for orphaned children who have reached fifteen years of age, orphaned children who have died, and families that no longer have the conditions to care for orphaned children, and submits it to the Chairman of the People's Committee at the district level for consideration. The Chairman of the People's Committee at the district level then issues a letter to the Department of Labor, Invalids and Social Affairs;

c. The Department of Labor, Invalids and Social Affairs reviews and compiles a list of families and individuals adopting orphaned children who have reached fifteen years of age, orphaned children who have died, and families that no longer have the conditions to care for orphaned children, and submits it to the Chairman of the People's Committee at the provincial level for a decision on the list of families and individuals discontinuing financial assistance for the care of orphaned children (Model 2b attached to this Circular) and notifies the Chairman of the People's Committee at the district level to implement the discontinuation of financial assistance for care.

4. Procedures for adjusting the amount of financial assistance:

When an orphaned child has been adopted and cared for for more than eighteen months, the People's Committee at the commune level must submit a letter to the Chairman of the People's Committee at the district level through the Department of Labor, Invalids and Social Affairs requesting an adjustment in the amount of financial assistance for the care of the orphaned child.

The Department of Labor, War Invalids, and Social Affairs shall compile and report to the Chairman of the People's Committee at the district level a list of families and individuals fostering orphan children over eighteen months old. The Chairman of the People's Committee at the district level shall examine and issue a document to the Department of Labor, War Invalids, and Social Affairs. The Department of Labor, War Invalids, and Social Affairs shall compile and submit to the Chairman of the People's Committee at the provincial level for decision on the list of families and individuals fostering orphan children, adjusting financial assistance levels (Form 2c attached hereto), and notify the Chairman of the People's Committee at the district level to implement.

5. Procedures for changing the location of financial assistance receipt.

When families or individuals fostering orphan children change their place of residence, they themselves must submit a request to continue receiving financial assistance at the new place of residence (with confirmation from the local authorities of the new place of residence); the People's Committee at the commune level must prepare a document to send to the Chairman of the People's Committee at the district level through the Department of Labor, War Invalids, and Social Affairs requesting a change in the location of financial assistance receipt within the province or deciding to terminate the receipt of financial assistance if the family or individual fostering an orphan child moves to another province. In the case where the family or individual fostering an orphan child moves to another province, they must reapply for financial assistance at the new location.

The Department of Labor, War Invalids, and Social Affairs shall compile and report to the Chairman of the People's Committee at the district level a list of families and individuals fostering orphan children who have changed the location of financial assistance receipt. The Chairman of the People's Committee at the district level shall examine and issue a document to the Department of Labor, War Invalids, and Social Affairs. The Department of Labor, War Invalids, and Social Affairs shall compile and submit to the Chairman of the People's Committee at the provincial level for decision on changing the location of financial assistance receipt within the province (Form 2d attached hereto) and notify the Chairman of the People's Committee at the district level to implement.

III. LEVEL OF FINANCIAL ASSISTANCE

Families and individuals fostering orphan children shall be provided with a minimum financial assistance of 200,000 VND/month/orphan child. For families and individuals fostering orphan children under eighteen months old, the minimum financial assistance is 270,000 VND/month/orphan child. Based on the specific situation of the locality, the Chairman of the People's Committee at the provincial level may adjust the level appropriately but not lower than the aforementioned prescribed level.

IV. SOURCE OF FUNDS FOR PAYMENT

The funds for providing financial assistance to families and individuals fostering orphan children as stipulated in Article 1 of this Circular shall be allocated in the annual social security budget of the local government according to the provisions of the State Budget Law and guiding documents of the State Budget Law.

V. IMPLEMENTATION:

1. People's Committee at the commune level

a. Supervise, maintain records, and implement monthly financial assistance payments to eligible recipients as decided by the People's Committee at the provincial level;

b. Report to the Department of Labor, War Invalids, and Social Affairs on families and individuals fostering orphan children who meet eligibility criteria, no longer meet eligibility criteria, changes in financial assistance levels, and changes in the location of financial assistance receipt;

c. Notify families and individuals fostering orphan children about the timing, level of financial assistance, cessation of financial assistance, and adjusted financial assistance levels following decisions made by the Chairman of the People's Committee at the provincial level.

2. Department of Labor, War Invalids, and Social Affairs

a. Guide and inspect the implementation of policies for financial assistance to foster orphan children at the commune level;

b. Compile and report to the Department of Labor, War Invalids, and Social Affairs a list of families and individuals fostering orphan children who meet eligibility criteria for financial assistance, no longer meet eligibility criteria, changes in financial assistance levels, and changes in the location of financial assistance receipt.

3. People's Committee at the district level.

Examine and issue a document to the Department of Labor, War Invalids, and Social Affairs proposing families and individuals to receive financial assistance, cease financial assistance, adjust financial assistance, and change the location of financial assistance receipt;

Direct and organize the implementation of the Decision of the People's Committee at the provincial level approving the list of families and individuals receiving financial assistance for fostering orphan children.

4. Department of Labor, War Invalids, and Social Affairs

a. Annually, based on the number and level of financial assistance for each type of recipient, develop a financial assistance plan to submit to the Department of Finance and the Department of Planning and Investment for approval by the Chairman of the People's Committee at the provincial level;

b. Compile and submit to the People's Committee at the provincial level for decision a list of families and individuals fostering orphan children who meet eligibility criteria for financial assistance, no longer meet eligibility criteria, changes in financial assistance levels, and changes in the location of financial assistance receipt;

c. Guide and inspect subordinate organizations in implementing assistance to recipients;

d. Compile and report annually on the implementation results to the Ministry of Labor, War Invalids, and Social Affairs.

5. People's Committee at the provincial level.

- Direct relevant sectors to organize the implementation of Decision No. 38/2004/QĐ-TTg dated March 17, 2004, of the Prime Minister regarding financial assistance policies for families and individuals fostering orphan children and abandoned children in accordance with the guidance of this Circular;

- Decide on the level of financial assistance for families and individuals fostering orphan children in accordance with the actual situation of the locality.

VI. IMPLEMENTATION PROVISIONS

- This Circular shall take effect fifteen days after its publication in the Official Gazette.

During the implementation process, if there are difficulties, please promptly reflect them to the Joint Ministry of Labor, War Invalids, and Social Affairs, and Finance for research and resolution.

Đàm Hữu Đắc (Signed)

Huỳnh Thị Nhân (Signed)

FORM NUMBER: 01/LĐTB&XH-BTXH

(According to Circular No. 10/2004/TT-BLĐTBXH, June 28, 2004)

District, town, township...

Request for financial assistance or termination of financial assistance for families and individuals fostering orphan children

SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness

..., date..., month..., year...

RECORD

Today, at...hours, on...day...month...year...

Representing the authority, agency, or organization of the commune, ward, township...

district, town, township...province, city...consists of:

1. Chairman or Deputy Chairman of the People's Committee...Chairman of the Council

2. Labor, War Invalids, and Social Affairs Officer...Secretary of the Council

3. Population, Family, and Child Officer...Member

4. Representative of the Fatherland Front...Member

5. Representative of Women's Union...Member

6. Representative of the Elderly Association...Member

7. Representative of Public Security...Member

7. Representative of the Police...Member

8. Representative of the Youth Union...Committee Member

............................................................................................................

Have convened to examine and unanimously established this record confirming the list of families and individuals receiving orphan care from the commune, ward, town that meet the conditions or (do not meet the conditions) for financial assistance in receiving orphan care attached hereto.

Completed at...on the same day,...members agree with the contents recorded above.

Secretary of the Council Chairman

(signature, full name) (signature, full name)

MODEL NUMBER: 02 A/LDTBXH-BTXH

(According to Circular No. 10/2004/TT-BLĐTBXH, June 28, 2004)

PROVINCE PEOPLE'S COMMITTEE (CITY PEOPLE'S COMMITTEE) No.:.../.../QD-PC

SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ..., date..., month..., year...

Pursuant to …;

OF THE CHAIRMAN OF THE PROVINCE PEOPLE'S COMMITTEE (CITY PEOPLE'S COMMITTEE)

Regarding financial assistance for families and individuals receiving orphan care

CHAIRMAN OF THE PROVINCE PEOPLE'S COMMITTEE (CITY PEOPLE'S COMMITTEE)

- Based on the Law on People's Councils and People's Committees (amended)...

- Based on Decision No. 38/2004/QĐ-TTg dated March 17, 2004 of the Prime Minister; Circular Joint No. 10/2004/TT-BLDTBXH dated June 28, 2004 of the Ministry of Labor, War Invalids and Social Affairs, Ministry of Finance.

- Pursuant to the proposal of the Director of the Department of Labor, War Invalids and Social Affairs.

Pursuant to …;

Article 1: Provide financial assistance to...families and individuals receiving orphan care from...day...month...year...(with specific list and amount attached).

Article 2: The Directors of the Department of Labor, War Invalids and Social Affairs, Chairmen of the People's Committees of districts, towns, wards, and families and individuals named in the list attached in Article 1 shall be responsible for implementing this Decision.

Place of Receipt: - As Article 2; - Department of Labor, Invalids and Social Affairs - Department of Finance - To be filed with the Office, Finance, Labor and Social Affairs

CHAIRMAN PROVINCE PEOPLE'S COMMITTEE

MODEL NUMBER: 02 B/LDTBXH-BTXH

(According to Circular No. 10/2004/TT-BLĐTBXH, June 28, 2004)

PROVINCE PEOPLE'S COMMITTEE (CITY PEOPLE'S COMMITTEE) No.:.../.../QD-PC

SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ..., date..., month..., year...

Pursuant to …;

OF THE CHAIRMAN OF THE PROVINCE PEOPLE'S COMMITTEE (CITY PEOPLE'S COMMITTEE)

Regarding cessation of financial assistance for families and individuals receiving orphan care

CHAIRMAN OF THE PROVINCE PEOPLE'S COMMITTEE (CITY PEOPLE'S COMMITTEE)

- Based on the Law on People's Councils and People's Committees (amended)...

- Based on Decision No. 38/2004/QĐ-TTg dated March 17, 2004 of the Prime Minister; Circular Joint No. 10/2004/TT-BLDTBXH dated June 28, 2004 of the Ministry of Labor, War Invalids and Social Affairs, Ministry of Finance.

- Pursuant to the proposal of the Director of the Department of Labor, War Invalids and Social Affairs.

Pursuant to …;

Article 1: Cease financial assistance to...families and individuals receiving orphan care from...day...month...year...(with specific list and amount attached).

Article 2: The Directors of the Department of Labor, War Invalids and Social Affairs, Chairmen of the People's Committees of districts, towns, wards, and families and individuals named in the list attached in Article 1 shall be responsible for implementing this Decision.

Place of Receipt: - As Article 2; - Department of Labor, Invalids and Social Affairs - Department of Finance - To be filed with the Office, Finance, Labor and Social Affairs

CHAIRMAN PROVINCE PEOPLE'S COMMITTEE

MODEL NUMBER: 02 C/LDTBXH-BTXH

(According to Circular No. 10/2004/TT-BLĐTBXH, June 28, 2004)

PROVINCE PEOPLE'S COMMITTEE (CITY PEOPLE'S COMMITTEE) No.:.../.../QD-PC

SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ..., date..., month..., year...

Pursuant to …;

OF THE CHAIRMAN OF THE PROVINCE PEOPLE'S COMMITTEE (CITY PEOPLE'S COMMITTEE)

Regarding adjustment of the level of financial assistance for families and individuals receiving orphan care

CHAIRMAN OF THE PROVINCE PEOPLE'S COMMITTEE (CITY PEOPLE'S COMMITTEE)

- Based on the Law on People's Councils and People's Committees (amended)...

- Based on Decision No. 38/2004/QĐ-TTg dated March 17, 2004 of the Prime Minister; Circular Joint No. 10/2004/TT-BLDTBXH dated June 28, 2004 of the Ministry of Labor, War Invalids and Social Affairs, Ministry of Finance.

- Pursuant to the proposal of the Director of the Department of Labor, War Invalids and Social Affairs.

Pursuant to …;

Article 1: Adjust the level of financial assistance to...families and individuals receiving orphan care from...day...month...year...(with specific list and amount attached).

Article 2: The Directors of the Department of Labor, War Invalids and Social Affairs, Chairmen of the People's Committees of districts, towns, wards, and families and individuals named in the list attached in Article 1 shall be responsible for implementing this Decision.

Place of Receipt: - As Article 2; - Department of Labor, Invalids and Social Affairs - Department of Finance - To be filed with the Office, Finance, Labor and Social Affairs

CHAIRMAN PROVINCE PEOPLE'S COMMITTEE

MODEL NUMBER: 02 D/LDTBXH-BTXH

(According to Circular No. 10/2004/TT-BLĐTBXH, June 28, 2004)

PROVINCE PEOPLE'S COMMITTEE (CITY PEOPLE'S COMMITTEE) No.:.../.../QD-PC

SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ..., date..., month..., year...

Pursuant to …;

OF THE CHAIRMAN OF THE PROVINCE PEOPLE'S COMMITTEE (CITY PEOPLE'S COMMITTEE)

Regarding change of location for receiving financial assistance for families and individuals receiving orphan care

CHAIRMAN OF THE PROVINCE PEOPLE'S COMMITTEE (CITY PEOPLE'S COMMITTEE)

- Based on the Law on People's Councils and People's Committees (amended)...

- Based on Decision No. 38/2004/QĐ-TTg dated March 17, 2004 of the Prime Minister; Circular Joint No. 10/2004/TT-BLDTBXH dated June 28, 2004 of the Ministry of Labor, War Invalids and Social Affairs, Ministry of Finance.

- Pursuant to the proposal of the Director of the Department of Labor, War Invalids and Social Affairs.

Pursuant to …;

Article 1: Change the location for receiving financial assistance to...families and individuals receiving orphan care from...day...month...year...(with specific list and amount attached).

Article 2: The Directors of the Department of Labor, War Invalids and Social Affairs, Chairmen of the People's Committees of districts, towns, wards, and families and individuals named in the list attached in Article 1 shall be responsible for implementing this Decision.

Place of Receipt: - As Article 2; - Department of Labor, Invalids and Social Affairs - Department of Finance - To be filed with the Office, Finance, Labor and Social Affairs

CHAIRMAN PROVINCE PEOPLE'S COMMITTEE