Joint Circular No. 134/2013/TTLT-BTC-BLDTBXH guiding the contents and expenditure levels for victim support work as stipulated in Decree No. 09/2013/NĐ-CP dated January 11, 2013 of the Government detailing the implementation of certain provisions of the Law on Prevention and Control of Trafficking in Persons

JOINT CIRCULAR

Guidelines on the content and level of expenditure for victim support work as stipulated in Decree No. 09/2013/NĐ-CP dated January 11, 2013 of the Government detailing certain provisions of the Law on Prevention and Control of Trafficking in Persons

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Pursuant to the Law on Prevention and Control of Trafficking in Persons dated March 29, 2011;

Pursuant to Decree No. 09/2013/NĐ-CP dated January 11, 2013 of the Government detailing certain provisions of the Law on Prevention and Control of Trafficking in Persons (hereinafter referred to as Decree No. 09/2013/NĐ-CP);

Pursuant to the Decree No. 118/2008/NĐ-CP dated November 27, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

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

The Minister of Finance and the Minister of Labor, Invalids and Social Affairs issue this Circular guiding the content and level of expenditure for victim support work as stipulated in Decree No. 09/2013/NĐ-CP dated January 11, 2013 of the Government detailing certain provisions of the Law on Prevention and Control of Trafficking in Persons.

Article 1. Scope and Applicability

Article 1. Scope of Application:

a) This Circular stipulates the content and level of expenditure for victim support work; the support regime for victims as provided for in Decree No. 09/2013/NĐ-CP from the annual regular budget of state agencies and units according to the State Budget Law and related implementing documents.

b) In cases where funds from domestic and foreign organizations and individuals are used for victim support work, the support regime for victims shall be implemented in accordance with the regulations of the Ministry of Finance and the donor; in cases where there is no agreement between the donor or their authorized representative and the Ministry of Finance regarding the expenditure levels, the expenditure levels stipulated in this Circular shall apply.

2. Scope of application: This Circular applies to state agencies, units, organizations, and individuals using state budget funds to carry out victim support tasks and the support regime for victims.

Article 2. Sources of Funds

1. The state budget allocates funds for victim support work and direct support to victims in the annual regular budget estimates of ministries, sectors, and localities according to the division of responsibilities under the State Budget Law.

2. Local budgets provide support to victim assistance facilities to implement essential needs support and travel expenses, medical support, and psychological support for victims as prescribed in Articles 19, 20, and 21 of Decree No. 09/2013/NĐ-CP and the expenditure levels stipulated in this Circular based on the number of victims assisted by the facility.

Article 3. Contents and Expenditure Levels for Victim Support Work

The contents and expenditure levels for victim support work shall be implemented in accordance with the current financial expenditure system applicable to state agencies and public service units. This Circular provides detailed guidance on the following contents and expenditure levels:

1. Travel expenses for staff involved in verification, reception, rescue, protection, and transportation of victims; organizing conferences, seminars, and training sessions; and inspecting victim support work. The contents and expenditure levels shall be implemented in accordance with Circular No. 40/2017/TT-BTC dated April 28, 2017 of the Ministry of Finance detailing travel expenses and conference expenditure systems.

The content and level of expenditure for victim support work shall be carried out according to the current financial expenditure regime applicable to state agencies and public service units. This Circular provides detailed guidance on the following contents and expenditure levels:

1. Travel expenses for staff serving activities of verification, reception, rescue, protection, and returning underage victims to their place of residence; organizing conferences, seminars, and training sessions. The content and expenditure levels are implemented according to Circular No. 97/2010/TT-BTC dated July 6, 2010 of the Ministry of Finance prescribing the travel expense regime and conference organization expenditure regime for state agencies and public service units.

2. International cooperation expenses in receiving and verifying victims. The content and expenditure levels are implemented according to Circular No. 102/2012/TT-BTC dated June 21, 2012 prescribing the travel expense regime for civil servants going on short-term missions abroad funded by the state budget; Circular No. 01/2010/TT-BTC dated January 6, 2010 prescribing the expenditure regime for hosting foreign guests visiting Vietnam, organizing international conferences and seminars in Vietnam, and hosting domestic guests; Circular No. 219/2009/TT-BTC dated November 19, 2009 prescribing certain expenditure standards applicable to projects/programs using official development assistance (ODA) funds; and Circular No. 192/2011/TT-BTC dated December 26, 2011 amending and supplementing certain provisions of Circular No. 219/2009/TT-BTC dated November 19, 2009 of the Ministry of Finance.

3. Expenditure for night shift and overtime allowances: Implemented according to the current laws on wage payment for night shifts and overtime for civil servants and public officials.

4. Expenditure for building a database and updating information on victims: The content and expenditure levels are implemented according to Joint Circular No. 19/2012/TTLT-BTC-BKH&ĐT-BTTTT dated February 15, 2012 of the Ministry of Finance, Ministry of Planning and Investment, and Ministry of Information and Communications guiding management and use of funds for the National Program on Information Technology Application in State Agencies' Activities; and Circular No. 194/2012/TT-BTC dated November 15, 2012 of the Ministry of Finance guiding expenditure levels for creating electronic information to maintain the regular operation of units using state budget funds.

5. Expenditure for purchasing special equipment to serve verification, reception, rescue, and protection of victims: Implemented according to the current laws on bidding.

6. Expenditure for communication, printing materials, office supplies, and other related expenditures for victim support work. The expenditure levels are based on valid invoices and receipts within the approved budget.

7. Expenditure for victim file establishment, at a rate of VND 100,000 per file (including photos, verification records, handover records).

8. Expenditure for supporting non-salaried personnel directly involved in managing and protecting victims. The maximum expenditure rate is VND 100,000 per person per day.

9. Expenditure for supporting counselors assigned to provide psychological counseling to victims. The remuneration rate is VND 10,000 per person per counseling session but not exceeding VND 500,000 per counselor per month.

Article 4. Content and level of expenditure for direct support to victims

1. Expenditure for essential needs and travel expenses as stipulated in Article 19 of Decree No. 09/2013/NĐ-CP:

a) Food allowance: Support for food during the temporary stay of victims at social welfare centers, victim support centers (hereinafter referred to as centers): Minimum support level is VND 30,000 per person per day. The period of support from the state budget does not exceed 60 days.

b) Clothing and personal necessities: Victims during their stay at the center will be provided with two sets of long clothes, two sets of underwear, towels, plastic shoes, toothbrushes, soap, sanitary napkins (for female victims). The expenditure level is calculated based on the actual purchase price in the locality but not exceeding VND 400,000 per victim.

c) Pay for transportation and food expenses for victims who wish to return to their place of residence but are unable to pay:

- Transportation costs: The amount paid shall be based on the price of public transportation. In cases where the victim is a minor, the receiving agency or unit shall arrange for an employee to escort the victim back to their place of residence using the agency's or unit's vehicle, with costs calculated based on actual kilometers traveled and fuel consumption; if renting a vehicle from outside, the rental cost shall be based on the agreed contract price and consistent with market prices at the same time.

- Food expenses during travel days: The minimum amount is 40,000 VND per person per day, with a maximum not exceeding five days.

2. Provide medical support according to Article 20 of Decree No. 09/2013/NĐ-CP:

a) Support for ordinary medication: During the period the victim stays at the facility, they will be supported at a rate of 50,000 VND per victim.

b) In cases where the victim falls seriously ill and must be transferred to a healthcare facility for treatment, the examination and treatment costs at the healthcare facility shall be borne by the victim or their family.

- For victims belonging to poor households, near-poor households, policy families under the Ordinance on Preferential Treatment for Persons Contributing to the Revolution, and minors, the supporting facility will cover examination and treatment costs at the level equivalent to the health insurance fund's payment for corresponding beneficiaries.

- For victims without relatives, the supporting facility will cover examination and treatment costs at the level equivalent to the health insurance fund's payment for beneficiaries from poor households.

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

c) In cases where the victim dies during their stay at the facility, within 24 hours after the conclusion by competent authorities, if relatives cannot arrive in time or do not have the means to bury the deceased, the facility is responsible for organizing the burial. Forensic examination fees and burial expenses shall be carried out according to the regulations applicable to residents of social welfare centers.

3. Provide support for cultural education, vocational training, and initial hardship assistance according to Article 23 of Decree No. 09/2013/NĐ-CP:

a) Support for cultural education and vocational training:

- Victims are exempted or granted reductions in tuition fees and supported in educational expenses according to Decree No. 49/2010/NĐ-CP dated May 14, 2010, which stipulates exemptions and reductions in tuition fees, support for educational expenses, and mechanisms for collecting and utilizing tuition fees for educational institutions in the national education system from the academic year 2010-2011 to 2014-2015, Decree No. 74/2013/NĐ-CP dated July 15, 2013, which amends and supplements certain articles of Decree No. 49/2010/NĐ-CP, and guiding documents for these decrees.

- In cases where victims undergo short-term vocational training programs of less than three months, they will be supported once for vocational training costs. The support level will be based on the cost of short-term vocational training at local vocational training institutions but shall not exceed the maximum level specified in Decision No. 1956/QĐ-TTg dated November 27, 2009, approving the plan for vocational training for rural laborers, and guiding documents for implementing Decision No. 1956/QĐ-TTg.

b) Provide a one-time hardship allowance of at least 1,000,000 VND per person for victims returning to their place of residence from poor households.

Article 5. Content and level of support for victims during the time waiting to be repatriated, implemented by Vietnamese representative agencies abroad.

1. Funding for support comes from the Overseas Vietnamese Citizens and Legal Entities Protection Fund according to Decision No. 119/2007/QĐ-TTg dated July 25, 2007, and Circular No. 92/2013/TT-BTC dated July 8, 2013, which stipulate financial management regulations for the Overseas Vietnamese Citizens and Legal Entities Protection Fund.

2. During the period awaiting verification and necessary procedures for repatriation, if the victim is unable to pay, they will be supported for essential needs and travel expenses according to Article 33 of the Law on Prevention and Combating Trafficking in Persons. Specific contents and levels of support are as follows:

a) Temporary food and accommodation expenses for victims: Apply the minimum living expense level prescribed in Point 2, Part II, Joint Circular No. 29/2006/TTLT-BNG-BNV-BTC-BLĐTBXH dated November 8, 2006, issued by the Ministry of Foreign Affairs, Ministry of Home Affairs, Ministry of Finance, and Ministry of Labor, Invalids, and Social Affairs to guide the implementation of Decree No. 157/2005/NĐ-CP dated December 23, 2005, which stipulates certain benefits for officials and civil servants working abroad during their term of office, and Joint Circular No. 01/2010/TTLT-BNG-BNV-BTC-BLĐTBXH dated April 27, 2010, which amends and supplements Joint Circular No. 29/2006/TTLT-BNG-BNV-BTC-BLĐTBXH.

b) Support for essential clothing and personal items, assistance with transportation within the host country, and other necessary expenses related to obtaining documents and repatriation procedures such as overstay fees, airport fees, repatriation document fees, security costs, and translation fees. The level of expenditure is determined by the head of the overseas representative office and based on actual receipts with the spirit of economy.

c) Purchase airfare, train, or bus tickets for victims who wish to return to their place of residence but are unable to pay (tickets purchased and provided by the overseas representative office) at the price of public transportation to transport the victim to the border crossing point by air, land, or waterway.

d) During the waiting period for repatriation, if the victim falls ill and requires treatment at a local hospital, the overseas representative office will collect all relevant expenses along with necessary receipts according to regulations to consider supporting the specific case. In cases of death, the overseas representative office will consider and support funeral or cremation costs or transportation costs for the deceased's remains back home at the actual shipping rates with the most economical cost.

Article 6. Establishment, execution, and settlement of funds for implementing victim support work and victim support benefits.

1. The preparation, allocation, execution, and settlement of funds for supporting victims and the support regime of agencies and units shall be implemented according to the provisions of the State Budget Law and guiding documents for this law.

2. This circular guides the provision of support from local government budgets for victim support facilities according to Clause 3, Article 3 of Decree No. 09/2013/NĐ-CP as follows:

a) Annually, at the time specified for preparing the state budget estimate, the Department of Labor, Invalids and Social Affairs shall base on the content and expenditure levels of the support benefits for victims as stipulated in Clause 9, Article 3, Clause 1 and Clause 2, Article 4 of this Circular and the estimated number of victims residing at victim support facilities within its jurisdiction (if any), prepare the budget estimate for supporting such facilities and consolidate it within the regular expenditure budget of the agency to submit to the Department of Finance for review and consolidation before submitting to the competent authority for approval.

b) Periodically (every three months or six months), based on the number of victims residing at victim support facilities (if any), the victim support facility shall issue a document requesting the Department of Labor, Invalids and Social Affairs to provide support benefits for victims as stipulated in Clause 9, Article 3, Clause 1 and Clause 2, Article 4 of this Circular, accompanied by the following documents:

- A summary table of requested support funds;

- A list of beneficiaries (indicating clearly the actual number of days each victim has stayed temporarily at the facility);

- The handover record between the receiving and rescue unit and the victim support facility (if any);

- A list of staff assigned to provide psychological counseling to victims;

- Relevant expense vouchers related to victim support (to be retained directly by the victim support facility according to current regulations for verification purposes).

c) Within a maximum period of fifteen working days from the date of receipt of all required documents from the victim support facility as prescribed, the Department of Labor, Invalids and Social Affairs shall be responsible for reviewing and providing financial support to the victim support facility. In cases where support is not granted, a written response must be provided with clear reasons stated.

3. Based on the expenditure levels prescribed in this Circular, taking into account specific conditions and budgetary capacity, the Department of Labor, Invalids and Social Affairs shall submit to the Chairman of the People's Committee of the province or centrally governed city for consideration and decision on the specific level of support.

Article 7. Implementation Provisions

1. This Circular takes effect from November 10, 2013.

2. Repeal Circular Jointly Issued No. 116/2007/TTLT-BTC-BLDTBXH dated September 27, 2007, jointly issued by the Ministry of Finance and the Ministry of Labor, Invalids and Social Affairs guiding the content and expenditure levels for verifying, receiving and supporting women and children repatriated from abroad to reintegrate into society under Decision No. 17/2007/QD-TTg dated January 29, 2007 of the Prime Minister, and Circular Jointly Issued No. 113/2010/TTLT-BTC-BLDTBXH dated August 3, 2010 amending and supplementing Circular Jointly Issued No. 116/2007/TTLT-BTC-BLDTBXH.

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

4. During the implementation process, if there are any difficulties, please report them to the Ministry of Finance for coordination with the Ministry of Labor, Invalids and Social Affairs to study and resolve.