Joint Circular No. 16/2005/TTLT/BTC-UBDSGĐ-BLĐTB guiding the management and use of financial resources to implement Decision No. 19/2004/QĐ-TTg dated February 12, 2004 of the Prime Minister on approving the Program to Prevent and Resolve the Situation of Children Living on the Streets, Children Suffering from Sexual Abuse, and Children Engaged in Hazardous Labor under Harmful, Dangerous Conditions for the period 2004-2010.

JOINT CIRCULAR

Guidelines for managing and using funds to implement Decision No.

19/2004/QD-TTg dated February 12, 2004 of the Prime Minister on approving the Program to Prevent and Address the Situation of Street Children, Child Sexual Abuse, and Child Labor under Hazardous Conditions from 2004 to 2010

Pursuant to Decision No. 19/2004/QD-TTg dated February 12, 2004 of the Prime Minister on approving the Program to Prevent and Address the Situation of Street Children, Child Sexual Abuse, and Child Labor under Hazardous Conditions from 2004 to 2010 (hereinafter referred to as Program 19);

The Ministry of Finance, Population, Family and Children Commission, and the Ministry of Labor, Invalids and Social Affairs jointly issue guidelines for managing and using funds to implement Program 19 as follows:

Program 19 will be implemented through four projects specified in Clause 4, Article 1 of Decision No. 19/2004/QD-TTg dated February 12, 2004 of the Prime Minister (approved by the Minister and Head of the Population, Family and Children Commission), specifically as follows:

Pursuant to Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

- Communication, Mobilization, and Capacity Building Project (Project 1).

- Prevention and Assistance for Street Children Project (Project 2).

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

1. - Prevention and Resolution of Child Sexual Abuse Project (Project 3). - Prevention and Resolution of Child Labor under Hazardous Conditions Project (Project 4).

Funds for implementing Program 19 will be allocated within the central government's budget estimates of relevant ministries and sectors to carry out tasks managed centrally and supplemented with targeted funding for provinces directly under the Central Government (hereinafter referred to as provinces) to carry out tasks managed locally.

In addition to central government funds, related ministries, sectors, and localities shall proactively create all conditions to mobilize financial support from organizations and individuals both domestically and internationally to assist in activities aimed at promoting the implementation of program objectives.

1. Content and expenditure levels for program activities:

1.1. Communication, Mobilization, and Capacity Building Activities:

2. a) Expenditure on publicity through mass media (radio, television): At the current state-prescribed rates.

3. b) Expenditure on developing, producing, duplicating, and distributing various types of communication products to be provided to localities (excluding printed newspapers and magazines).

II. SPECIFIC PROVISIONS

c) Expenditure on communication activities in key communes at a rate of 1,000,000 VND/commune/year:

- Commune radio broadcasting (editing, broadcasting);

- Specialized lectures;

- Training allowance for campaign participants;

- Refreshments for small consultation groups;

- Repairing banners and slogans;

- Decoration costs and transportation rental fees (if applicable). The number of key communes is determined by the Minister and Head of the Population, Family and Children Commission and the Minister of Labor, Invalids and Social Affairs.

d) Expenditure on organizing central and provincial-level competitions to promote awareness about preventing and addressing street children, child sexual abuse, and child labor under hazardous conditions, approved by the leadership of the Population, Family and Children Commission at each level.

đ) Expenditure on prizes for writing competitions on preventing and addressing street children, child sexual abuse, and child labor under hazardous conditions, decided by the Minister and Head of the Population, Family and Children Commission. Prize levels: Class A: 300,000 VND/per article; Class B: 200,000 VND/per article; Class C: 100,000 VND/per article.

e) Expenditure on specialized training courses, seminars, specialized conferences, meetings, mid-term reviews, and final summaries for each project: At the levels prescribed in Circular No. 118/2004/TT-BTC dated December 8, 2004 of the Ministry of Finance on travel expenses and conference costs for administrative agencies and public service units nationwide.

g) Expenditure on training and capacity building for staff: Content and expenditure levels according to Circular No. 105/2001/TT-BTC dated December 27, 2001 of the Ministry of Finance guiding the use of training and capacity-building funds for civil servants.

1.2. Protection and Assistance for Children Activities:

a) Expenditure on transportation costs to return children to their families or places of residence: At the usual transport fare rates in the locality or actual fuel costs (if the unit arranges its own transportation means).

b) Expenditure on food for children:

- Food during the journey back to their families or places of residence: At a rate of 15,000 VND/child/day, but not exceeding three days.

- Food and living expenses during treatment at state medical facilities: At a rate of 20,000 VND/child/day, with a maximum treatment period of thirty days.

- Street children, sexually abused children, and children working under hazardous conditions awaiting return to their families or places of residence can be temporarily housed in centralized facilities or social welfare institutions and receive a daily allowance of 7,000 VND/child/day, but not exceeding fifteen days.

c) Expenditure on supporting children in difficult circumstances after returning to their families or places of residence:

- Immediate support for basic living needs: At a rate of 150,000 VND/child/month, but not exceeding three months.

- Support for purchasing textbooks and school supplies for the first year to enable children to continue schooling or supplementary education: At a rate of 200,000 VND/child.

- For children aged 13 and above who are healthy and wish to learn a trade, they may be introduced to vocational training centers. Vocational training centers accepting children under this program for vocational training will be supported at a maximum rate of 200,000 VND/month/child based on the actual training period, but not exceeding 1,000,000 VND/child; specific support levels are decided by the Chairman of the People's Committee of the district upon the proposal of the Department of Civil Affairs and Labor.

- Children wandering, children subjected to sexual abuse, and children engaged in heavy, hazardous labor under dangerous conditions during the period awaiting return to their families or places of residence shall be placed in centralized facilities or temporary social welfare institutions and shall be provided with a daily allowance of VND 7,000 per child, but not exceeding 15 days.

c) Support for children in difficult circumstances after returning to their families or places of residence:

- Immediate support to address living difficulties for the children: The level of support is VND 150,000 per child per month, but not exceeding three months.

- Support for purchasing textbooks and school supplies in the first year to enable the children to continue their general education or supplementary education: The expenditure level is VND 200,000 per child.

- For children aged 13 years and older who are in good health and have a need to learn a trade, they shall be referred to vocational training institutions to learn a trade. Vocational training institutions accepting children within the scope of the program to study a trade shall be supported with a maximum amount of VND 200,000 per child per month based on the actual number of training months, but not exceeding VND 1,000,000 per child; the specific level of support shall be decided by the Chairman of the People's Committee at the district level upon the proposal of the Department of Civil Affairs-Labor, Invalids, and Social Affairs.

The provision of support to children after they return home or to their place of residence shall only be implemented once, and shall not be provided for children who become vagrants again or engage in heavy labor under hazardous and dangerous conditions. The procedures and formalities for providing support to children shall be carried out according to the provisions set forth in Point 2, Part II of this Circular.

d) For children who have suffered work-related accidents or sexual abuse, in addition to the support mentioned above, they may also be considered for assistance with medical expenses, examination, treatment, and psychological and health recovery costs: The amount of expenditure shall be in accordance with the current regulations of the State.

đ) For vagrant children, children who have been sexually abused, and children engaged in heavy labor under hazardous and dangerous conditions who are orphaned or abandoned, or whose source of care has been lost and who have no relatives to rely on; or children who have lost one parent and the remaining parent is missing or lacks the capacity to provide care as stipulated by law, they may be considered for admission to social welfare institutions for care in accordance with the provisions of Government Decree No. 07/2000/NĐ-CP dated March 9, 2000, concerning social relief policies.

1. 3. Management and operational activities:

a) Expenditure on investigation, survey, and evaluation according to the content of each approved Project: The content and level of expenditure shall be in accordance with the provisions of Circular No. 114/2000/TT-BTC dated November 27, 2000, issued by the Ministry of Finance, guiding the management of funds for investigations from state budget sources.

b) Expenditure on investigating awareness about preventing and addressing the situation of vagrant children, children who have been sexually abused, and children engaged in heavy labor under hazardous and dangerous conditions: Allowance for the investigative subjects, printing of investigation forms, data compilation, and writing of investigation reports. The level of expenditure is 300,000 VND/campaign/village.

c) Expenditure on establishing new models, piloting, maintaining, and expanding intervention and assistance models for vagrant children, children who have been sexually abused, and children engaged in heavy labor under hazardous and dangerous conditions in pilot villages as decided by the Minister-Chairman of the National Committee for Population, Family and Children and the Minister of Labor, Invalids and Social Affairs.

d) Expenditure on creating electronic information: The content and level of expenditure shall be in accordance with the provisions of Circular No. 111/1998/TT-BTC dated August 3, 1998, issued by the Ministry of Finance, guiding the level of expenditure for creating electronic information under information technology.

đ) Expenditure on writing and compiling specialized professional materials for each project: The maximum level of expenditure shall not exceed 50,000 VND/page (standard 300 words).

e) Expenditure on the work of collecting and returning vagrant children, children who have been sexually abused, and children engaged in heavy labor under hazardous and dangerous conditions to centralized facilities or social welfare institutions.

g) Expenditure on printing files and establishing files for vagrant children, children who have been sexually abused, and children engaged in heavy labor under hazardous and dangerous conditions: The level of expenditure is 10,000 VND/file (including the cost of photographing the child).

Expenditure on renting transportation means (if necessary) to bring the children back to their families or places of residence.

i) Expenditure on inspection and evaluation of the implementation of program activities: The level of expenditure shall be in accordance with the current travel allowance regulations.

2. Procedures and formalities for providing support to children:

2.1. Preparation and transfer of children's files:

- Files of vagrant children, children who have been sexually abused, and children engaged in heavy labor under hazardous and dangerous conditions must include a photo of the child and record all relevant information such as name, place of birth, current address, etc., in accordance with the prescribed model (Annex 01 attached).

- Files of children prepared and transferred by the Provincial Population, Family and Children Committee or the Department of Labor, Invalids and Social Affairs (where the children arrive) shall be managed by the Provincial Population, Family and Children Committee or the Department of Labor, Invalids and Social Affairs (where the children depart).

- At the location where the children arrive: The Population, Family and Children Committee and the Department of Labor, Invalids and Social Affairs, based on assigned projects, shall coordinate with relevant agencies to ensure the safe and quick return of the children to their place of origin while transferring the children's files to relevant agencies for monitoring and management.

- At the location where the children depart: The Population, Family and Children Committee and the Department of Labor, Invalids and Social Affairs, based on assigned projects, shall organize the reception and return of the children to their families or places of residence and implement the policy of providing support to children according to the prescribed regulations.

2.2. Formalities for providing support to children:

To receive the support specified in Clause c, Point 1.2, Part II of this Circular after returning home or to their place of residence, the family of the child or the child themselves who are vagrants or engaged in heavy labor under hazardous and dangerous conditions must submit a request and commit not to become vagrants again or engage in heavy labor under hazardous and dangerous conditions. The request must be confirmed by the village chief, head of the commune, or neighborhood group leader, and then submitted to the People's Committee at the commune level for consideration (Annex 02 attached).

Based on the request of the family or the child, the People's Committee at the commune level will consider and propose opinions, which will then be sent to the People's Committee at the district level (through the Population, Family and Children Committee or the Civil Affairs and Labor, Invalids and Social Affairs Office) for resolution.

The Population, Family and Children Committee at the district level and the Civil Affairs and Labor, Invalids and Social Affairs Office will review and compare with the children's files within the scope of the assigned management project, if they match correctly, they will report to the Chairman of the People's Committee at the district level to decide on providing support to the children.

Specifically for children who have been sexually abused, there is no need to submit a request, based on the children's file and the injury assessment certificate from the competent state health authority, the Civil Affairs and Labor, Invalids and Social Affairs Office will handle the procedures to report to the Chairman of the District People's Committee to decide on providing support to the children according to the prescribed regulations.

3. Establishment, allocation, management, disbursement, and settlement of the budget for implementing the program:

3. 1. Establishment and allocation of the budget estimate:

Annually, based on the tasks and objectives of Program 19, the implementation situation of the previous year, and the state budget capacity, the Ministry of Finance announces the verified budget for implementing Program 19 to the Population, Family, and Children Committee.

Based on the verified amount announced by the Ministry of Finance, the implementation situation of the previous year, and the objectives and tasks of the planned program, the Population, Family, and Children Committee takes the lead in working with the Ministry of Labor, Invalids, and Social Affairs to prepare the budget estimate and detailed allocation plan for each ministry, sector, and locality, and submit it to the Ministry of Finance.

The Ministry of Finance discusses with the Population, Family, and Children Committee, and the Ministry of Labor, Invalids, and Social Affairs to unify the allocation plan for funds for ministries, sectors, and localities, and consolidate them into the state budget estimate and central budget allocation plan.

3. 2. Management, disbursement, and settlement:

The management, disbursement, and settlement of funds for implementing Program 19 shall be carried out in accordance with the provisions of the State Budget Law and other relevant legal regulations of the State. Units using Program 19 funds must maintain accounting books to record, account for, and settle the source of Program 19 funds allocated to the unit according to the current administrative and public institution accounting system.

In cases where central ministries and sectors establish pilot models, interventions, and assistance for street children, sexually abused children, and children engaged in heavy labor under hazardous and dangerous conditions in local areas, there must be a decision from the Minister, Head of the Population, Family, and Children Committee (for Projects 1 and 2) or the Minister of Labor, Invalids, and Social Affairs (for Projects 3 and 4) approving the deployment of the model and funding through contracts with local agencies and units.

Local agencies and units executing the contract have the responsibility to implement the agreed-upon tasks, directly use the funds according to the current financial expenditure regime (without settling accounts with their own agency's or unit's budget but must maintain separate books for tracking purposes); immediately after the contract ends, they have the responsibility to settle accounts with the central ministries and sectors to settle accounts with the Ministry of Finance according to the prescribed regulations.

4. Reporting:

Every six months and at the end of the year, the Population, Family, and Children Committee at the provincial level, and the Department of Labor, Invalids, and Social Affairs, based on assigned projects, are responsible for reporting to the Provincial People's Council, the Population, Family, and Children Committee, and the Ministry of Labor, Invalids, and Social Affairs on the implementation progress and results of Program 19 projects.

Based on reports from localities, the Population, Family, and Children Committee leads together with the Ministry of Labor, Invalids, and Social Affairs to compile and evaluate the implementation status and results of Program 19 to report.

III. IMPLEMENTATION

1. This Circular takes effect 15 days after its publication in the Official Gazette. Previous regulations that conflict with this Circular are abolished.

2. The Population, Family, and Children Committees at the provincial level take the lead in coordinating with the Departments of Labor, Invalids, and Social Affairs to cooperate with related agencies to assist the Provincial People's Council in organizing the implementation of annual activity plans locally, coordinating Program 19 activities according to the content of approved projects.

During the implementation process, if there are difficulties, they should be promptly reflected to the Ministry of Finance, the Population, Family, and Children Committee, and the Ministry of Labor, Invalids, and Social Affairs for consideration and appropriate amendments.