Circular No. 11/2006/TT-BLDTBXH guides the ranking of facilities managing drug addicts, sex workers, and individuals post-drug rehabilitation.

CIRCULAR

Guidelines for ranking drug addicts management facilities, prostitutes, and post-drug rehabilitation individuals.

person engaged in prostitution and person after drug rehabilitation

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Based on Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on salary regulations for civil servants, public officials, and armed forces personnel; Decree No. 135/2004/NĐ-CP dated June 10, 2004 of the Government regarding the application of measures to place individuals in medical facilities, organization of activities of such facilities under the Administrative Violation Handling Ordinance, and regulations applicable to minors and voluntary patients; Decree No. 178/2004/NĐ-CP dated October 15, 2004 of the Government detailing implementation of certain provisions of the Ordinance on Prevention and Control of Prostitution; Decision No. 34/CP dated June 1, 1996 of the Government guiding the implementation of the Ordinance on Prevention and Control of HIV/AIDS Infection; Decision No. 181/2005/QĐ-TTg dated July 19, 2005 of the Prime Minister on classification and ranking of public organizations and services; Circular No. 02/2005/TT-BNV dated January 5, 2005 of the Ministry of Home Affairs guiding the implementation of allowances for leadership positions for civil servants and public officials;

After receiving comments from the Ministry of Home Affairs through Circular No. 2574/BNV-TCBC dated June 27, 2006, Circular No. 3294/BNV-TCBC dated August 29, 2006, and the Ministry of Finance through Circular No. 6977/BTC-HCSN dated June 7, 2006, the Ministry of Labor, Invalids, and Social Affairs provides guidelines for ranking drug addicts management facilities, prostitutes, and post-drug rehabilitation individuals as follows:

I. SCOPE OF REGULATION

1. Drug addicts management facilities, prostitute management facilities, and post-drug rehabilitation management facilities subject to this Circular include:

a) Medical facilities established pursuant to Article 26 of the Administrative Violation Handling Ordinance 2002;

b) Facilities organizing management, vocational training, and job placement for post-drug rehabilitation individuals as stipulated in Article 2 of Resolution No. 16/2003/QH11 dated June 17, 2003 of the National Assembly on piloting the organization of management, vocational training, and job placement for post-drug rehabilitation individuals in Ho Chi Minh City and other centrally-administered cities and provinces.

The facilities specified in Clause 1 of Section I herein include: Social Rehabilitation Centers; facilities managing vocational training and job placement for post-drug rehabilitation individuals (hereinafter referred to as centers).

2. Other drug rehabilitation facilities not within the scope of this Circular.

II. PURPOSE OF RANKING

1. Gradually standardizing organizational structure, staff, infrastructure, technical equipment, and technology to enhance the effectiveness of center operations.

2. Determining the level of leadership position allowance for leaders to improve their roles and responsibilities in ensuring rights and obligations of each position in center management.

3. Gradually investing resources in centers in line with each stage of development under the new management mechanism for public service organizations.

III. PRINCIPLES OF RANKING

1. Center ranking includes four criteria as follows:

2. Center rank ranges from Class I to Class IV. After five years (60 months) from the date of ranking decision by the competent authority, the state agency with authority shall review the center's rank.

Centers scoring below 40 points must be reorganized.

3. After ranking, if the center's scale or functions, tasks, infrastructure, equipment, etc., are changed by the competent authority, affecting the value and ranking score, then the center's rank will be reviewed two years (24 months) from the date of the ranking decision.

4. Leadership position allowances for center leaders are determined according to the center's rank as stipulated in Section V of this Circular.

IV. CRITERIA AND SCORING TABLE FOR RANKING

1. Ranking criteria

1.1. Group I criteria concerning organizational scale, workload, and complexity of management are qualitative criteria defined in Table 1a, Appendix 1 issued together with this Circular, including:

a) Management of subjects:

Centers manage drug addicts or prostitutes; drug addicts and prostitutes; drug addicts and prostitutes infected with HIV/AIDS and post-drug rehabilitation individuals (hereinafter collectively referred to as subjects) at the facility.

b) Educational and behavioral rehabilitation programs, including:

- Conducting cultural education classes: following regular educational programs such as literacy and continuing education after literacy; supplementary junior high school; supplementary secondary school.

- Conducting behavioral and character rehabilitation education classes: following specialized educational programs; group education; individual education, and collective activities for subjects. Organizing counseling activities for families and facilities, forming a counseling network at the center or in the community.

- Implementing a comprehensive cultural education and rehabilitation program using medical therapies, psychological therapies, and appropriate educational methods consistent with treatment and rehabilitation programs, ensuring compliance with cultural education and rehabilitation programs. The center has dedicated departments or staff, educational facilities, and equipment; the cultural education and rehabilitation curriculum is included in annual plans and programs.

- Issuing certificates and diplomas: coordinating with educational institutions to provide conditions for subjects to complete the required cultural education programs, graduating from junior high school, taking the secondary school graduation exam to obtain certificates or diplomas, and issuing certificates for completing behavioral and character rehabilitation programs.

c) Vocational training and employment programs, including:

- Vocational training organizations: coordinate with vocational training facilities or organize classes according to short-term or long-term vocational training programs (if available) for individuals meeting the conditions for vocational training as prescribed. The center has dedicated departments or specialized staff, locations, equipment, and training content included in its annual plans and programs.

- Vocational training linked to production work: organize vocational training linked to production work, job creation, ensuring regular training activities consistent with the movement of individuals at the center.

- Completing training programs and materials: organize or coordinate the compilation of theoretical teaching materials and skill training with content and methods suitable for the curriculum, textbooks, objectives, and content of the trades organized at the Center.

- Issuing vocational certificates or diplomas: coordinate with vocational training facilities or organizations to issue vocational certificates or graduation diplomas for those meeting the specified conditions.

d) Organizing therapeutic labor and production work, including:

- Organizing therapeutic labor and production work: have a dedicated department organizing therapeutic labor appropriate to age, health, gender, level, and profession of each individual; have workshops, land, equipment, and capital investment for production work and services.

- Organizing joint ventures and partnerships: with economic organizations, enterprises (including foreign ones), creating sources of capital, technology, labor, or implementing programs and projects; generating income and improving the living standards of staff and individuals.

- Economic accounting organization: in service provision and production work activities; preserving capital (including self-owned and borrowed capital) and enhancing efficiency in production work activities.

- Job placement: for individuals after completing treatment, detoxification, and health recovery periods at the Center.

e) Coordinating with relevant agencies to support the Center's management of individuals, including:

- Health authorities: regularly coordinate with local healthcare facilities on professional matters to ensure supportive medical treatment, rescue, epidemic prevention activities, thereby enhancing treatment, detoxification, and rehabilitation effectiveness at the Center.

- Local authorities: coordinate with public security agencies, military units (if any), and local authorities to ensure social order, fire prevention, drug trafficking prevention, escape prevention, and other related issues.

- Local mass organizations: coordinate with the Fatherland Front, Veterans' Association, Women's Union, Youth Union,... to manage and educate individuals within the Center and in the community.

- Other agencies: apart from coordinating with the aforementioned agencies, the Center also collaborates with functional agencies and economic organizations to implement environmental protection projects, create learning environments, attract many support training projects, and job creation for individuals.

1.2. Group II criteria concerning the structure and professional qualifications of staff are the criteria ensuring the management capacity of the Center's operations as stipulated in Table 1b, Appendix No. 1 issued together with this Circular, including:

a) Leadership staff with secondary and university education levels among the total number of leadership staff from the Board of Directors to various departments and units within the Center's organizational structure.

b) Staff with professional and technical qualifications suitable for their current jobs among the total number of staff (excluding leadership staff).

1.3. Group III criteria concerning infrastructure, technical equipment, and working tools are quantitative criteria ensuring the conditions for performing tasks and maintaining the Center's operations as stipulated in Table 1c, Appendix No. 1 issued together with this Circular, including:

a) Capacity to accept individuals according to design.

b) Infrastructure investment:

- Managed land area: includes the total land area assigned for use by competent authorities (including both used and unused areas).

- Building and workshop area: includes the construction area under roof such as office buildings; accommodation for individuals; clubs, libraries; cultural and educational classrooms; production workshops;... calculated based on construction area (if multi-story buildings, calculate the total area of all floors).

- Area of other constructions: includes constructions without roofs such as playgrounds, flower beds, outdoor water tanks...

c) Current value of fixed assets:

- Remaining asset value: the current total value of basic construction items such as buildings, workshops, electrical and water systems...

- Office and living equipment: the current total value of office equipment, cultural and educational teaching equipment, and living service equipment.

- Medical equipment: the current total value of medical equipment.

- Vocational training and production equipment: the current total value of vocational training and production equipment.

1.4. Group IV criteria concerning the effective use of resources, results of revenue-generating activities, and the degree of meeting demand for state management and public product and service supply; actual role and impact are the criteria evaluating the results and efficiency of operations during management at the Center as stipulated in Table 1d, Appendix No. 1 issued together with this Circular, including:

a) Number of individuals accepted in a year: including voluntary individuals (if any).

b) Proportion of individuals present regularly over acceptance capacity: calculated by dividing the average number of individuals present throughout the year or the average number present at mid-year by the number present at year-end, divided by criterion a of Group III criteria.

c) Individuals receiving treatment and health recovery: including the number of individuals treated, detoxified, and rehabilitated in a year.

d) Individuals receiving cultural and educational training: the number of individuals receiving cultural and educational training in a year, with a minimum duration as prescribed.

đ) Proportion of individuals receiving vocational training and production work over the number of individuals accepted: calculated by dividing the number of individuals receiving vocational training and production work by criterion a of Group IV criteria.

e) Production work results: total revenue from selling products and services minus costs (raw materials, fuel, energy, depreciation of fixed assets, transportation, and services).

g) Number of subjects served per staff member: equal to criterion a of group IV criteria divided by the total number of staff members of the Center (including permanent positions, long-term contracts, short-term contracts, and seconded personnel).

h) Investment amount per subject served: the total operating expenses of the Center for the year, including upgrades and repairs, living and medical expenses for subjects, salaries for staff members, cultural education activities, vocational training, and annual propaganda activities, divided by the target set out in criterion a of group IV criteria.

2. Rating Points Table

The total rating points achieved by the Center fall within the range of minimum to maximum points for each category from Category I to Category IV as follows:

3. Calculation of Points and Ranking

3.1. Based on the degree of fulfillment of tasks, organizational structure, human resources, and related materials concerning the values of criteria and groups of criteria stipulated in Appendix No. 1 issued together with this Circular, the Center calculates the points achieved for each criterion according to Appendix No. 2 issued together with this Circular at the time of evaluation or the immediately preceding year when requesting ranking.

3.2. The method of calculating points for criteria within the range of minimum and maximum points of group III and IV criteria in the Center's rating point table is as follows:

Where:

Dtc - points for the criterion calculated for the Center.

Gtc - value of the criterion used to calculate points for the Center.

Gmin - minimum value of the criterion used to calculate points in the rating point table.

Gmax - maximum value of the criterion used to calculate points in the rating point table.

Dmax - maximum points of the criterion used to calculate points in the rating point table.

Dmin - minimum points of the criterion used to calculate points in the rating point table.

Example: Center A has a capacity (designed capacity) of 300 subjects. Therefore, the points for the criterion of reception capacity of Center A are:

3.3. In the following cases, additional points will be awarded:

- For Centers receiving more than 1000 subjects per year, the additional points will be calculated from the 1001st subject onwards: for every additional 500 subjects, 1 point will be added.

Example: Center A receives 2000 subjects per year, so in addition to the points calculated for this criterion, Center A will also receive an additional 2 points.

- For facilities receiving more than 25 subjects per staff member per year, the additional points will be awarded for every 10 additional subjects per staff member per year, adding 1 point.

3.4. Criteria that the Center does not have or does not implement will not be scored.

3.5. Compare the total points achieved by the Center with the Rating Points Table specified in Clause 2, Section IV above to determine the Center's category.

V. TABLE OF POSITION ALLOWANCES FOR LEADERSHIP POSITIONS

Allowances for leadership positions of Directors, Deputy Directors, Heads of Departments, Deputy Heads of Departments, and equivalent positions according to each category of the Center are stipulated as follows:

VI. AUTHORITY, PROCEDURE, AND PROCEDURES FOR RANKING THE CENTER

1. Centers specified in Sections I and III of this Circular, during the process of managing the Center's operations, even if they have not been ranked for five years since the decision on ranking the Center was made, and there are significant changes such as narrowing or expanding functions, tasks, scale, physical infrastructure, and equipment of the Center, then the Center shall prepare a dossier to request ranking, which includes:

- A letter requesting ranking from the Center.

- A table of results for ranking points of the Center according to Appendix No. 2 issued together with this Circular.

- Relevant documentation proving the values of criteria and groups of criteria, confirmed by competent authorities.

2. The Director of the Department of Labor, Invalids, and Social Affairs shall receive the dossier and coordinate with the Director of the Department of Personnel Administration and the Director of the Finance Department to appraise the values of criteria and groups of criteria, and submit them to the Chairman of the Provincial People's Committee (hereinafter referred to as the Provincial People's Committee) for consideration and decision on ranking the Centers.

For Centers established by the Chairman of the District People's Committee, the Head of the Department of Personnel Administration and Labor, Invalids, and Social Affairs shall coordinate with the Head of the Finance Department to appraise the values of criteria and groups of criteria, and submit them to the Chairman of the District People's Committee for consideration and decision on ranking the Centers.

3. Based on the decision on ranking the Center by the Chairman of the Provincial People's Committee, the Director of the Department of Labor, Invalids, and Social Affairs shall decide on allowances for leadership positions for the Director and Deputy Director of the Center; the Director of the Center shall decide on allowances for leadership positions for the Heads of Departments, Deputy Heads of Departments, and equivalent positions of the Center.

For Centers established by the Chairman of the District People's Committee, when deciding on ranking the Center, the Chairman of the District People's Committee shall simultaneously decide on allowances for leadership positions for the Director, Deputy Director, Heads of Departments, Deputy Heads of Departments, and equivalent positions of the Center.

The level of allowances for leadership positions mentioned in Clause 3, Section VI herein is based on the Table of Allowances for Leadership Positions stipulated in Section V of this Circular.

4. For Centers that have already been ranked by authorized agencies, the Department of Labor, Invalids, and Social Affairs shall coordinate with the Department of Personnel Administration and the Finance Department to guide the Centers to review their ranking index values and groups of indices against the criteria and groups of criteria stipulated in this Circular. If there are no significant changes in values and ranking points, the Chairman of the Provincial People's Committee shall maintain the existing ranking for the Center. If there are changes in values and ranking points, the Chairman of the Provincial People's Committee shall decide on a new ranking consistent with the Center's ranking point table; the new ranking of the Center shall take effect from the date five years (60 months) have passed since the previous ranking.

5. The level of allowances for leadership positions of Centers stipulated in this Circular shall be effective from the date the specific ranking decision for the Center is made, corresponding to the national minimum wage rate.

VII. IMPLEMENTATION ORGANIZATION.

1. The People's Committee of the province or centrally governed city shall direct the Department of Labor - Invalids and Social Affairs to take the lead and coordinate with the Civil Service Department and the Finance Department to organize guidance on the consolidation, analysis, and evaluation of the ranking criteria for Centers in accordance with the provisions of this Circular, and submit to the Chairman of the Provincial People's Committee for decision on the ranking of Centers established by the Chairman of the Provincial People's Committee, and guide the District People's Committees to decide on the ranking of Centers established by the Chairman of the District People's Committee; report the results of the ranking of Centers within their respective provinces or cities to the Ministry of Labor - Invalids and Social Affairs and the Ministry of Civil Affairs.

2. This Circular shall take effect 15 days from the date of publication in the Official Gazette and shall replace Circular No. 02/2004/TT-BLDTBXH dated February 17, 2004, issued by the Ministry of Labor - Invalids and Social Affairs guiding the ranking of medical facilities under the Administrative Violations Handling Ordinance.

Any difficulties encountered during implementation should be reported to the Ministry of Labor - Invalids and Social Affairs for study and resolution./.