Joint Circular No. 143/2011/TTLT/BTC-BVHTTDL stipulates the management and use of state budget funds allocated for family violence prevention and control work; state budget funds supporting non-state-run victim support facilities and non-state-run family violence prevention and control counseling facilities.

JOINT CIRCULAR

REGULATIONS ON THE MANAGEMENT AND USE OF STATE BUDGET FUNDS FOR DOMESTIC VIOLENCE PREVENTION AND CONTROL WORK; STATE BUDGET FUNDS TO SUPPORT NON-GOVERNMENTAL ORGANIZATIONS ASSISTING VICTIMS OF DOMESTIC VIOLENCE AND NON-GOVERNMENTAL ORGANIZATIONS PROVIDING ADVICE ON DOMESTIC VIOLENCE PREVENTION AND CONTROL

Pursuant to the Law on Prevention and Control of Domestic Violence and Decree No. 08/2009/NĐ-CP dated February 4, 2009 of the Government detailing and guiding the implementation of certain provisions of the Law on Prevention and Control of Domestic Violence;

Pursuant to the State Budget Law and Decree No. 60/2003/NĐ-CP dated June 6, 2003 of the Government detailing and guiding the implementation of the State Budget Law;

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. 185/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism;

The Ministry of Finance and the Ministry of Culture, Sports and Tourism hereby stipulate the management and use of state budget funds for domestic violence prevention and control work and the support from state budget funds for non-governmental organizations assisting victims of domestic violence and non-governmental organizations providing advice on domestic violence prevention and control as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the preparation of budgets, management, use, and settlement of accounts for state budget funds for domestic violence prevention and control work and the provision of support from state budget funds for non-governmental organizations assisting victims of domestic violence and non-governmental organizations providing advice on domestic violence prevention and control.

Article 2. Applicability

1. State agencies and political organizations are assigned to carry out activities in domestic violence prevention and control work.

2. Non-governmental organizations assisting victims of domestic violence and non-governmental organizations providing advice on domestic violence prevention and control that meet the conditions specified in Clause 1, Article 19 of Decree No. 08/2009/NĐ-CP dated February 4, 2009 of the Government detailing and guiding the implementation of certain provisions of the Law on Prevention and Control of Domestic Violence shall be eligible for financial support.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Victim of domestic violence is a person who has been or is currently subjected to one or more acts of violence as defined in Clause 1, Article 2 of the Law on Prevention and Control of Domestic Violence committed by a family member (family members include: spouse; paternal grandparents; maternal grandparents; biological parents; parents-in-law; adoptive parents; step-parents; biological children; adopted children; children of the wife; children of the husband; daughter-in-law; son-in-law; grandchildren of the paternal grandparents; grandchildren of the maternal grandparents; siblings with the same father and mother, same mother but different fathers, same father but different mothers, brothers-in-law, sisters-in-law of the same father and mother or same father but different mothers, same mother but different fathers).

2. Person accepted into a victim assistance organization is a victim of domestic violence (a victim of the acts defined in Clause 1, Article 2 of the Law on Prevention and Control of Domestic Violence) who has been or is at risk of being seriously harmed to their life, health, mental state, or psychological condition.

3. Persons accepted into an organization providing advice on domestic violence prevention and control include: victims of domestic violence; perpetrators of domestic violence; alcoholics; drug addicts; gamblers; persons preparing for marriage; individuals who have been or are at risk of being seriously harmed to their life, health, mental state, or psychological condition due to domestic violence; and other individuals seeking advice on domestic violence prevention and control.

Article 4. Source of Funding

1. Annually, the State allocates funds from the state budget for domestic violence prevention and control work in accordance with the laws on the state budget.

2. Funds for the performance of domestic violence prevention and control tasks by ministries, ministerial-level agencies, government agencies, central agencies, and central agencies of political organizations are allocated within the annual regular expenditure budget of these agencies, units, and organizations.

3. Funds for the performance of domestic violence prevention and control tasks by localities are guaranteed by the local budget and are allocated within the annual regular expenditure budget of the various levels of the local budget.

Chapter II

SPECIFIC PROVISIONS

Section 1. REGIME FOR MANAGEMENT AND USE OF FUNDS FROM THE STATE BUDGET ALLOCATED FOR DOMESTIC VIOLENCE PREVENTION AND CONTROL WORK

Article 5. Content and Levels of Expenditure

1. Expenditure for training, retraining, enhancing professional skills, and skill training to improve capacity for officials, civil servants, employees, and volunteers involved in domestic violence prevention and control work:

a) Training targets include: Officials, civil servants, employees, or volunteers working on domestic violence prevention and control at communes, wards, towns; counseling centers and victim support centers; cultural and social officers and village-level organization staff who are in good health and have a need for training in domestic violence prevention and control work;

b) The content and expenditure levels shall be implemented in accordance with Circular No. 139/2010/TT-BTC dated September 21, 2010, issued by the Ministry of Finance, regarding the preparation of budgets, management, and use of funds from the state budget allocated for training and enhancing the capabilities of officials and civil servants.

2. Expenditure for information dissemination and awareness-raising among officials, civil servants, employees, and the public about domestic violence prevention and control:

a) Expenditure for publicity through mass media (radio, television, press); building and operating websites; developing, producing, duplicating, and distributing various types of communication products according to approved budgets. Implementation shall be carried out through competitive bidding for asset procurement to maintain regular operations of state agencies; ordering services or signing contracts between publicity agencies and mass media outlets as prescribed;

b) Expenditure for organizing contests and disseminating laws related to domestic violence prevention and control, as approved by competent authorities. Content and expenditure levels shall be in accordance with Joint Circular No. 73/2010/TTLT-BTC-BTP dated May 14, 2010, issued by the Ministry of Finance and the Ministry of Justice, guiding the preparation, management, and use of funds to ensure legal education and dissemination activities.

3. International cooperation expenditure: Content and expenditure levels shall be implemented in accordance with regulations on the regime for receiving foreign guests for work in Vietnam, organizing international conferences and seminars in Vietnam; overseas work expenditure as stipulated in Circular No. 01/2010/TT-BTC dated January 6, 2010, which regulates the regime for receiving foreign guests for work in Vietnam, organizing international conferences and seminars in Vietnam, and hosting guests within the country; and current regulations on travel expenses for state officials and civil servants undertaking short-term missions abroad funded by the state budget.

4. Expenditure for investigation, survey, and information collection on domestic violence to develop plans serving the requirements of state management in domestic violence prevention and control. Content and expenditure levels shall be implemented in accordance with current regulations on guidelines for managing funds for surveys from the state budget's special-purpose fund as stipulated in Circular No. 58/2011/TT-BTC dated May 11, 2011, which regulates the management, use, and settlement of funds for statistical surveys.

5. Expenditure for training, implementing tasks, inspection, interim review, final evaluation, and assessment of the implementation of domestic violence prevention and control activities. Content and expenditure levels shall be implemented in accordance with Circular No. 97/2010/TT-BTC dated July 6, 2010, issued by the Ministry of Finance, which stipulates travel expense regimes and expenditure regimes for organizing meetings for state agencies and public service units.

6. Expenditure for rewards in domestic violence prevention and control activities. Expenditure levels shall be implemented in accordance with current regulations on the reward system of the State as stipulated in Circular No. 02/2011/TT-BNV dated January 24, 2011, which guides the implementation of Decree No. 42/2010/NĐ-CP dated April 15, 2010, issued by the Government, detailing the implementation of certain provisions of the Law on Encouragement and Reward and the Law Amending and Supplementing Certain Provisions of the Law on Encouragement and Reward.

7. Expenditure for compensating individuals directly involved in domestic violence prevention and control who suffer property damage when the perpetrator is unable to compensate for the damage.

8. Expenditure for management activities of domestic violence prevention and control in residential areas:

a) Expenditure for supporting reliable addresses recognized by the Chairman of the People's Committee of communes, wards, or towns and publicly announced in the area;

- Expenditure for supporting victims of domestic violence temporarily staying at reliable addresses in the community, with a maximum support level of 40,000 VND/person/day in rural areas and 50,000 VND/day in urban areas but not exceeding three days per temporary stay.

- Expenditure for supporting medicine cabinets and various types of bandages, gauze, antiseptic medicines placed at reliable addresses in the community, with a maximum expenditure level not exceeding 200,000 VND/year.

b) Expenditure for tea and water for community meetings to criticize individuals with violent behavior, expenditure for mediation in the field of domestic violence prevention and control; expenditure for supporting activities of domestic violence prevention and control models, organizing Vietnam Family Day, recognizing individuals and residential areas with outstanding achievements in domestic violence prevention and control activities; expenditure for collecting information on domestic violence cases: The support level is decided by the People's Committee of the commune from the commune budget, not exceeding 2,000,000 VND/year/residential area.

9. Expenditure for the activities of victim support centers and counseling centers for domestic violence prevention and control that are public institutions (implemented under the financial mechanism stipulated in Decree No. 43/2006/NĐ-CP dated April 25, 2006, issued by the Government, concerning the rights of self-management, self-responsibility for performing tasks, organizational structure, staffing, and finance for public service units). Expenditure for supporting victim support centers and counseling centers for domestic violence prevention and control that are non-public institutions (specifically provided in Section 2, Chapter II of this Circular).

10. Other expenditures directly related to management activities in domestic violence prevention and control work at central and local state agencies and political and socio-political organizations.

Article 6. Preparation of budget estimates, implementation, and settlement of state budget funds for family violence prevention and control work

Annually, along with the preparation of state budget fund estimates, based on the volume of necessary tasks to be implemented and the contents and levels of expenditure stipulated in this Circular, state agencies, political organizations, and socio-political organizations at central and local levels shall prepare budget estimates for implementing activities related to family violence prevention and control, to be submitted to the financial authorities at the same level for review, consolidation, and submission to the competent authority for approval to allocate into the annual budget estimates of the agency or unit.

The preparation of budget estimates, implementation, and settlement of state budget funds for the implementation of the expenditure contents stipulated in this Circular shall be carried out in accordance with the provisions of the State Budget Law and guiding documents of the Law.

Section 2. EXPENSE SUPPORT FOR NON-GOVERNMENTAL FAMILY VIOLENCE ASSISTANCE FACILITIES AND FAMILY VIOLENCE PREVENTION AND CONTROL CONSULTATION FACILITIES.

Article 7. Non-governmental family violence assistance facilities and family violence prevention and control consultation facilities are entitled to receive financial support

1. Non-governmental family violence assistance facilities and family violence prevention and control consultation facilities established according to the guidelines set forth in Circular No. 02/2010/TT-BVHTTDL dated March 16, 2010 of the Ministry of Culture, Sports and Tourism detailing procedures for registration of operations, dissolution of family violence victim assistance facilities; family violence prevention and control consultation facilities; standards for counselors; issuance of counselor identification cards, certification of care and counseling skills, and training in family violence prevention and control.

2. Non-governmental family violence assistance facilities and family violence prevention and control consultation facilities are entitled to receive financial support from the state under the following circumstances:

a) Facilities established in areas with many victims of family violence as determined by the provincial People's Committee;

b) Facilities established in remote and mountainous areas (areas defined in Joint Circular No. 11/2005/TTLT-BNV-BLDTBXH-BTC-UBDT dated January 5, 2005 issued by the Ministry of Home Affairs - Ministry of Labor, Invalids and Social Affairs - Ministry of Finance - National Ethnic Council regarding regional allowances), areas with difficult economic and social conditions, and areas with extremely difficult economic and social conditions.

3. The provincial People's Committee assigns tasks to specialized agencies to base their recommendations on the scale, effectiveness of operations, number of beneficiaries assisted by these facilities in the preceding year, and the conditions stipulated in Clause 2 of this Article to propose a list of non-governmental family violence assistance facilities and family violence prevention and control consultation facilities eligible for state budget financial support.

Article 8. Principles of Financial Support

Non-governmental family violence assistance facilities and non-governmental family violence prevention and control consultation facilities receiving state budget financial support shall be based on the number of beneficiaries assisted by the facility.

Beneficiaries assisted at non-governmental family violence assistance facilities who serve as the basis for determining the level of financial support from the state budget are victims of family violence specified in Clauses 2 and 3 of Article 3 of this Circular, holding personal identification documents (ID card, passport) as prescribed by law, and a letter of introduction from the People's Committee of the commune, ward, or town where they reside; in urgent cases, within three days of being received and cared for by the facility, the victim must have a letter of introduction from the People's Committee of the commune, ward, or town.

Article 9. Level of Support

1. Level of support for non-state victim assistance facilities:

Based on the proposal of the specialized agency, the People's Committee of the province decides annually to provide financial support for part of the expenses for food, essential personal items, and routine medical examinations and treatments for victims requiring urgent protection during their stay at the facility. The maximum level of financial support for the facility is 300,000 VND per family violence victim supported by the facility.

2. Level of support for non-state counseling facilities for preventing and combating domestic violence:

Based on the proposal of the specialized agency, the People's Committee of the province decides annually to provide financial support for part of the expenses for counseling services for victims of domestic violence and individuals who commit acts of domestic violence. The maximum level of financial support for the facility is 30,000 VND per individual counseled by the facility.

3. Victim assistance facilities and counseling facilities for preventing and combating domestic violence specified in Clause 1 of Article 7 shall be trained and instructed annually by state management agencies responsible for preventing and combating domestic violence.

Costs for training and instructing trainees from facilities specified in Clause 2 of Article 7 shall be paid by the organizing agency according to current financial regulations.

Article 10. Preparation of Budget Estimates, Allocation, and Settlement of State Budget Funds for Support

1. Annually, along with the preparation of the state budget estimate, the specialized agency (assigned by the provincial People's Committee to propose the list and level of support for non-state victim assistance facilities and counseling facilities for preventing and combating domestic violence) prepares the budget estimate for implementing the support and submits it to the financial agency at the same level for review and consolidation to be included in the annual budget estimate of the assigned specialized agency for approval by the competent authority.

2. The specialized agency assigned to allocate financial support to the facilities based on the support decision of the competent authority and implements the settlement of support funds according to current regulations. The settlement vouchers for state budget support include: Decision on the list of facilities receiving financial support from the provincial People's Committee, a consolidated list of victims and those receiving counseling from the support facility confirmed by the specialized agency, and other relevant vouchers.

Chapter III

IMPLEMENTATION

Article 11. Implementation Provisions

1. This Circular takes effect from December 10, 2011.

2. During implementation, if there are any difficulties, units are requested to promptly report to the Ministry of Finance, the Ministry of Culture, Sports and Tourism for study and resolution./.