JOINT CIRCULAR

GUIDELINES FOR THE MANAGEMENT AND USE OF FUNDS TO IMPLEMENT RESOLUTION NO. 19/2004/QD-TTg OF THE GOVERNMENT PRIME MINISTER ON APPROVING THE PROGRAM TO PREVENT AND SOLVE CHILDREN'S STREET LIVING, SEXUAL ABUSE OF CHILDREN, AND CHILDREN ENGAGING IN HARSH LABOR UNDER DANGEROUS CONDITIONS FROM 2004 TO 2010

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;
Pursuant to Resolution No. 19/2004/QD-TTg dated February 12, 2004 of the Government Prime Minister on approving the Program to Prevent and Solve Children's Street Living, Sexual Abuse of Children, and Children Engaging in Harsh Labor Under Dangerous Conditions from 2004 to 2010 (hereinafter referred to as Program 19);
The Ministry of Finance - Population, Family and Youth Commission - Ministry of Labor, Invalids and Social Affairs jointly issue guidelines for the management and use of funds to implement Program 19 as follows:

I - GENERAL PROVISIONS

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

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

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

- Prevention and Resolution of Child Sexual Abuse Project (Project 3).

- Prevention and Resolution of Child Harsh Labor in Hazardous and Dangerous Conditions Project (Project 4).

2. Funds for implementing Program 19 will be allocated within the central government budget of relevant ministries and sectors to carry out tasks managed by the central level and supplemented with targeted funding for provinces and centrally administered cities (hereinafter referred to as province) to carry out tasks managed by localities.

3. In addition to the central government budget, 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.

II - SPECIFIC PROVISIONS

1. Content and expenditure levels for program activities:

1.1. Communication, Mobilization, and Capacity Building Activities:

a) Expenditure for publicity on mass media (radio, television): At the current state-prescribed rate.

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

c) Expenditure for 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 staff participating in campaigns;

- Drinking water 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, Chairman of the Population, Family and Youth Commission and the Minister of Labor, Invalids and Social Affairs.

d) Expenditure for organizing central and provincial-level competitions to promote awareness about preventing and resolving children's street living, sexual abuse of children, and harsh labor under dangerous conditionsapproved by the leadership of the Population, Family and Youth Commission at each level. đ) Expenditure for awards for writing competitions on preventing and resolving children's street living, sexual abuse of children, and harsh labor under dangerous conditions decided by the Minister, Chairman of the Population, Family and Youth Commission. Award levels: Class A: 300,000 VND/per article; Class B: 200,000 VND/per article; Class C: 100,000 VND/per article.

e) Expenditure for specialized training courses

vocational training, organizing seminars, specialized conferences, coordination meetings, mid-term reviews, and final summaries for each project: At the level 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 for training and capacity building for cadres: 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 Activities for Children:

a) Expenditure for 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 for food for children:

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

- Food and living expenses during treatment at state health 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 engaged in harsh labor under dangerous 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.

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

c) - Immediate assistance to address difficulties in daily life for children: At a rate of 150,000 VND/child/month, but not exceeding three months.

- Assistance for purchasing textbooks and school supplies in 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 the 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 determined by the Chairman of the People's Committee at the district level upon recommendation by the Department of Internal Affairs - Labor, Invalids, and Social Affairs.

- For individuals aged 13 years and older who are in good health and have a need to learn a trade, they shall be introduced to vocational training institutions to learn a trade. Vocational training institutions that accept children falling within the scope of this program for vocational training shall be supported with a maximum of VND 200,000 per month per individual based on the actual number of months of training, but not exceeding VND 1,000,000 per individual; 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 and Labor.

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 again for children who become vagrants or engage in heavy labor under hazardous and dangerous conditions. The procedures and formalities for providing support to children shall be carried out in accordance with 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, consideration shall also be given to covering expenses for medicine, medical examinations, treatment, and psychological and health recovery services: The amount of expenditure shall be in accordance with current state regulations.

đ) For vagrant children, children who have been sexually abused, and children forced to engage in heavy labor under hazardous and dangerous conditions, who are orphaned or abandoned, deprived of means of subsistence, and without relatives to rely on; or children who have lost one parent and whose remaining parent is missing or unable to provide care according to the law, shall be considered for admission into social welfare institutions for care in accordance with Decree No. 07/2000/NĐ-CP dated March 9, 2000 of the Government on social assistance policies.

1.3. Management and administrative activities:

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

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

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

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

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

e) Expenditure for the work of gathering and sending vagrant children, children who have been sexually abused, and children forced to engage in heavy labor under hazardous and dangerous conditions to centralized facilities or social welfare institutions.

g) Expenditure for printing files, compiling files of vagrant children, children who have been sexually abused, and children forced to engage in heavy labor under hazardous and dangerous conditions: The expenditure level is 10,000 VND/file (including photography fees for children).

h) Transportation rental costs (if any) for returning children to their families or places of residence.

i) Expenditure for inspection and evaluation of the implementation of program activities: The expenditure level shall be in accordance with the current travel expense 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 forced to engage in heavy labor under hazardous and dangerous conditions must include photographs of the children and contain complete information such as full name, place of birth, current address, etc., in accordance with the prescribed format (Annex 01 attached).

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

- 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 prompt return of the children to their homes while transferring their 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 in accordance with the prescribed regulations.

2.2. Formalities for providing support to children:

To be eligible for support after returning home or to their place of residence as stipulated in Clause of Point 1.2, Part II of this Circular, families with children or the children themselves who are vagrants or forced to engage in heavy labor under hazardous and dangerous conditions must submit a request and commit to not becoming vagrants or engaging in heavy labor under hazardous and dangerous conditions again. The request must be confirmed by the village chief, head of the commune, or neighborhood group leader, then submitted to the People's Committee at the commune level for review (Annex 02 attached).

Based on the request from the family or the child, the People's Committee at the commune level will review and provide comments, which will then be forwarded 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 examine and cross-check the children's files within the scope of the assigned management projects. If the information matches correctly, they will present it to the Chairman of the People's Committee at the district level for a decision on providing support to the children.

For children who have been sexually abused, there is no need to submit a request; based on the children's files and the injury assessment report from the competent state health authority, the Civil Affairs and Labor, Invalids, and Social Affairs Office will process the application for the Chairman of the District People's Committee to decide on providing support to the children in accordance with the prescribed regulations.

3. Budget preparation, allocation, management, disbursement, and settlement of program funds:

3.1. Budget preparation and allocation:

Annually, based on the tasks and objectives of Program 19, the implementation status of the previous year, and the state budget capacity, the Ministry of Finance will notify the Population, Family, and Children Committee of the budget check number for implementing Program 19.

Based on the inspection number announced by the Ministry of Finance, the implementation situation of the previous year, and the objectives and tasks of the Program for the planning year, the Population, Family, and Children Commission shall take the lead in preparing the budget estimate and detailed funding allocation plan for each ministry, sector, and locality, to be submitted to the Ministry of Finance.

The Ministry of Finance shall discuss with the Population, Family, and Children Commission, and the Ministry of Labor, Invalids, and Social Affairs to unify the funding allocation plan for ministries, sectors, and localities, and incorporate it into the state budget estimate and the central budget allocation plan to be submitted to the Government for approval by the National Assembly.

3.2. Management, Distribution, and Settlement:

The management, distribution, and settlement of funds for implementing Program 19 shall be carried out in accordance with 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 funds provided 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 at the local level, there must be a decision from the Minister and Chairman of the Population, Family, and Children Commission (for Projects 1 and 2) or the Minister of Labor, Invalids, and Social Affairs (for Projects 3 and 4) approving the implementation of the model and providing funds through contracts with local agencies and units.

Local agencies and units executing the contract are responsible for implementing the agreed-upon tasks, directly utilizing the funds according to the current financial expenditure regime (without having to settle accounts with their own agency's budget but must maintain separate books for tracking purposes); immediately after the contract ends, they are responsible for settling 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 Commission at the local level, and the Department of Labor, Invalids, and Social Affairs based on the assigned projects, have the responsibility to report to the Provincial People's Committee, the Population, Family, and Children Commission, and the Ministry of Labor, Invalids, and Social Affairs on the implementation progress and results of the Program 19 projects.

On the basis of reports from localities, the Population, Family, and Children Commission shall take the lead in collaboration with the Ministry of Labor, Invalids, and Social Affairs to compile and evaluate the implementation situation and results of Program 19 to report to the Prime Minister.

III - IMPLEMENTATION

This Circular shall take effect 15 days from the date of publication in the Official Gazette. Previous regulations contrary to this Circular are hereby abolished.

2. The Population, Family, and Children Commissions of provinces shall take the lead in collaboration with the Departments of Labor, Invalids, and Social Affairs to coordinate with related agencies to assist the Provincial People's Committees in organizing and implementing annual activity plans at the local level, coordinating the activities of Program 19 in accordance with the approved project contents.

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

Place of Receipt:
- Central Party Office and Party Committees;
- National Assembly Office, President's Office, Government Office,
- Ministries, ministerial-level agencies, government agencies,
- People's Committees of provinces and centrally governed cities,
- THE SUPREME PEOPLE'S COURT,
- Supreme People's Procuracy,
- Central agencies of social-political organizations,
- Finance Department, State Treasury, Population, Family and Children Commission,
Departments of Labor, Invalids, and Social Affairs of provinces and centrally administered cities,
- Legal Documents Inspection Bureau, Ministry of Justice,
- Official Gazette,
- Units under the Ministry of Finance, Population, Family and Children Commission, and Ministry of Labor, Invalids, and Social Affairs,
- To be filed: National Assembly Office, Population, Family and Children Commission, Ministry of Labor, Invalids, and Social Affairs

APPENDIX 01

Full name of child: ... Male or Female ...

Date of birth: ... Month ... Year ... Ethnicity: ...

Place of birth: ...

Place of Origin: ...

Father's full name: ... Current place of residence:...

...Mother's full name: ... Current place of residence:...

Child's status when filing the record (Runaway, engaged in heavy labor under hazardous and dangerous conditions, sexually abused):

...Has run away from home or engaged in heavy labor under hazardous and dangerous conditions, or sexually abused for the ... time.

Child's circumstances (Caregiver, able to attend school or not, currently in which grade, name of school; time, circumstances, voluntary or induced by whom, forced, health condition of the child,...):

...Child's wishes: ...

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APPENDIX 02

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

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(Major Technical Specifications and Other Information)

APPLICATION FOR SUPPORT FUNDS UNDER PROGRAM 19

Respectfully submitted to:

Name of the child (or my child) is: ... Born on ... Month ... Year ...

Place of birth: ...

Place of Origin: ...

Father's full name: ... Current place of residence: ...

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Mother's full name: ... Current place of residence:...

Due to difficult circumstances, the child has left home...To address immediate difficulties, I request the relevant government agencies to consider and provide support funds for the child under Program 19. I (or my family) hereby commit:

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Applicant
(Signature, full name)

PROPOSAL OF THE ... (DISTRICT LEVEL)

Proposal to provide support funds for the child ... amount ... dong, including:

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Head of the agency
(Signature, stamp)