Joint Circular No. 10/2004/TTLT/LDTBXH-GTC guiding the implementation of Decision No. 38/2004/QD-TTg dated March 17, 2004 of the Prime Minister on financial assistance policies for families and individuals fostering orphaned children and abandoned children.

JOINT CIRCULAR

Guidelines for Implementing Decision No. 38/2004/QĐ-TTg dated March 17, 2004

of the Prime Minister on financial assistance policies for families and individuals adopting orphaned and abandoned children

individual adopting orphaned and abandoned children

Pursuant to Decision No. 38/2004/QĐ-TTg dated March 17, 2004 of the Prime Minister on financial assistance policies for families and individuals adopting orphaned and abandoned children without caregivers, the Ministry of Labor, Invalids and Social Affairs and the Ministry of Finance hereby issue guidelines for implementation as follows:

I. OBJECTS

1. Recipients of Financial Assistance:

Families and individuals meeting the conditions stipulated in Articles 2 and 4 of Decision No. 38/2004/QĐ-TTg dated March 17, 2004 of the Prime Minister on financial assistance policies for families and individuals adopting orphaned and abandoned children without caregivers (hereinafter referred to as orphaned children).

2. Individuals Considered for Financial Assistance:

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

b. Siblings who are raising younger siblings when there are no parents.

The individuals mentioned in points a and b above will be considered for financial assistance when they lack the ability to provide care.

II. DOCUMENTATION AND PROCEDURES

1. Documentation Required for Financial Assistance for Adoption:

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

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

- Provide a written consent from the guardian;

- A copy of the birth certificate of the adopted child;

- In cases where the adopted child is nine years old or older, the consent of the child must be expressed in writing by the guardian;

The aforementioned documentation must be prepared in three copies and submitted to the People's Committee at the commune level where the family resides.

2. Procedures and Authorities for Reviewing Financial Assistance for Adoption

a. People's Committee at the commune level:

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

- Compile a list of applicants who meet the conditions for adopting orphaned children;

- Establish a review committee consisting of: the Chairman or Vice-Chairman of the People's Committee at the commune level as Chairperson of the Committee, members including representatives from the United Front, Women's Union, Youth Union, Association of the Elderly, and other relevant members such as Public Security, Population and Family Planning, and Child Protection; a labor and social affairs officer serves as secretary of the Committee, the Committee must conclude with a resolution recorded in a minutes (Model No. 01 attached to this Circular);

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

b. Department of Labor, Invalids and Social Affairs reviews and compiles a list with one set of documents for each family or individual eligible for adoption, 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 sends 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 eligible for adoption of 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 decision on the list of families and individuals receiving financial assistance for adoption 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 eligibility criteria for financial assistance, a written response must be issued stating the reasons.

3. Procedures and Authorities for Terminating Financial Assistance for Adoption

a. When the adopted 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 recommend discontinuation of financial assistance for adoption 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 for adopting orphaned children, the Chairman of the People's Committee at the commune level where the family resides organizes a review meeting (including members of the financial assistance review committee) and concludes with a resolution recorded in a minutes regarding the family's inability to continue receiving financial assistance for adoption (Model 01 attached to this Circular). After the Committee approves, the Chairman of the People's Committee at the commune level must submit a letter (accompanied by the minutes of the Committee) 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 adopting orphaned children who have reached fifteen years of age, orphaned children who have died, and families that no longer have 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 sends 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 adopt orphaned children, and submits it to the Chairman of the People's Committee at the provincial level for decision on the list of families and individuals terminating financial assistance for adoption 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 termination of financial assistance for adoption.

4. Procedures for Adjusting Financial Assistance Levels

When an orphaned child has been adopted for more than eighteen months, the People's Committee at the commune level must prepare 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 level of financial assistance for adoption.

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 report to the Chairman of the People's Committee at the provincial level for a decision on the list of families and individuals fostering orphan children, adjusting financial assistance levels (model 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 must submit a request to continue receiving financial assistance at the new place of residence (with confirmation from the new local authority); 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 to request a change in the location of financial assistance receipt within the province or decide to terminate the receipt of financial assistance if the family or individual fostering the orphan child moves to another province. In the case where families or individuals fostering orphan children move 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 report to the Chairman of the People's Committee at the provincial level for a decision on changing the location of financial assistance receipt within the province (model 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. SOURCES OF FUNDS FOR PAYMENT

The funds for providing financial assistance to families and individuals fostering orphan children as stipulated in Section 1 of this Circular shall be allocated in the annual budget for social security expenses 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 about 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 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, do not 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 requesting decisions on families and individuals receiving financial assistance, termination of financial assistance, adjustment of financial assistance, and changes in 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 report to the People's Committee at the provincial level for a decision on the list of families and individuals fostering orphan children who meet eligibility criteria for financial assistance, do not 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.