Joint Circular No. 213/2013/TTLT/BTC-BLDTBXH guiding the management and use of funds for implementing the Program on caring for orphaned children without guardianship, abandoned children, children infected with HIV/AIDS, children affected by chemical warfare agents, severely disabled children, and children affected by natural disasters and calamities based on community support from 2013 to 2020

JOINT CIRCULAR

GUIDELINES ON MANAGEMENT AND USE OF FUNDS TO IMPLEMENT THE PROJECT ON CARE FOR ORPHANS WITHOUT GUARDIANS, ABANDONED CHILDREN, CHILDREN INFECTED WITH HIV/AIDS, CHILDREN AFFECTED BY CHEMICAL WEAPONS, SEVERELY DISABLED CHILDREN, AND CHILDREN AFFECTED BY NATURAL DISASTERS AND CATASTROPHES BASED ON COMMUNITY FROM 2013 TO 2020.

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

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;

The Minister of Finance and the Minister of Labor, Invalids and Social Affairs issue this Circular to regulate the management and use of funds to implement the system of applying administrative handling measures for placement in compulsory drug rehabilitation facilities; the system for minors and voluntary patients undergoing treatment and rehabilitation at the Center for Treatment-Education-Social Labor and drug rehabilitation organizations within families and communities.

Implementing Decision No. 647/QĐ-TTg dated April 26, 2013 of the Prime Minister approving the Project on Care for Orphans Without Guardians, Abandoned Children, Children Infected with HIV/AIDS, Children Affected by Chemical Weapons, Severely Disabled Children, and Children Affected by Natural Disasters and Catastrophes Based on Community from 2013 to 2020;

The Ministers of Finance and Labour, Invalids and Social Affairs hereby issue guidelines on management and use of funds to implement the Project on Care for Orphans Without Guardians, Abandoned Children, Children Infected with HIV/AIDS, Children Affected by Chemical Weapons, Severely Disabled Children, and Children Affected by Natural Disasters and Catastrophes Based on Community from 2013 to 2020 (hereinafter referred to as the Project) as follows:

Article 1. Scope and Applicability:

Article 1. Scope of Application:

a) This Circular stipulates the management and use of state budget funds for the implementation of activities under the Project.

b) In cases where the Project uses development investment capital, non-reimbursable grants and donations from domestic and foreign organizations and individuals for Project activities, such use shall be carried out in accordance with current regulations of the State and specific guidance provided by the donors for these sources of funding. For grants and donations, if there is no agreement between the donor or its authorized representative and the Ministry of Finance regarding expenditure levels, the expenditure levels specified in this Circular shall apply.

第二条 组织和实施奖励工作的支出水平，如政府第152/2025/NĐ-CP号决定关于分级授权和奖励领域的分权规定

a) Agencies, units, and organizations using state budget funds to implement activities under the Project.

b) Children under sixteen years old who are beneficiaries of the Project (hereinafter referred to as children in difficult circumstances), including:

- Orphans without guardians and abandoned children as defined by current government policies on social assistance for beneficiaries of social protection.

- Children infected with HIV/AIDS confirmed by healthcare facilities recognized by the Minister of Health as having the necessary conditions to confirm HIV-positive cases.

- Children affected by chemical weapons as certified by the Department of Health for illnesses caused by exposure to chemical weapons or deformities and disabilities resulting from such exposure.

- Severely disabled children as defined by the Law on Persons with Disabilities and related guiding documents.

- Children affected by natural disasters and catastrophes.

c) Families and individuals receiving temporary custody of children in difficult circumstances.

Article 2. Sources of Funds for Implementing the Project

1. The state budget allocates within the annual regular expenditure budget of ministries, sectors, central agencies, and localities according to the division of responsibilities under the Law on State Budget.

2. Grants and donations from domestic and foreign organizations and individuals.

3. Other lawful sources as prescribed by law.

Article 3. Content and funding levels for activities and solutions of the Project

1. Funding for policy and legal development to mobilize community participation in caring for and assisting children in particularly difficult circumstances based on community involvement: The content and funding levels shall be implemented in accordance with the provisions set forth in Circular Joint No. 192/2010/TTLT-BTC-BTP-VPCP dated December 2, 2010 issued by the Ministry of Finance, the Ministry of Justice, and the Government Office guiding the preparation of budget estimates, management, utilization, and settlement of state budget funds to ensure work related to drafting normative legal documents and perfecting the legal system.

2. Funding for pilot models of families and individuals temporarily adopting children in particularly difficult circumstances; vocational training models linked to job creation for children in particularly difficult circumstances based on community involvement and other assistance models.

a) Model of families and individuals temporarily adopting children in particularly difficult circumstances: Implemented according to the provisions of Clause 3, Article 4 of Circular Joint No. 181/2011/TTLT-BTC-BLDTBXH dated December 15, 2011 issued by the Ministry of Finance and the Ministry of Labor, Invalids, and Social Affairs guiding the management and utilization of funds for implementing the National Child Protection Program from 2011 to 2015 (hereinafter referred to as Circular Joint No. 181/2011/TTLT-BTC-BLDTBXH). In addition, this Circular stipulates certain contents and funding levels as follows:

- Support for families and individuals temporarily adopting children in particularly difficult circumstances:

+ Monthly allowances and other assistance benefits in accordance with current government regulations on social assistance policies for beneficiaries of social protection and Decree No. 28/2012/NĐ-CP dated April 10, 2012 of the Government detailing and guiding the implementation of certain provisions of the Law on Persons with Disabilities.

+ One-time support for purchasing personal items for children: minimum level of 500,000 VND per child.

- Support for social welfare institutions in cases where such institutions directly return children in particularly difficult circumstances to the community for families and individuals to foster:

+ Costs for transporting children back to their place of residence. Funding levels are based on public transportation fares applicable in the locality. In cases where vehicles from agencies or units are arranged, costs are calculated based on actual kilometers traveled and fuel consumption; in cases where external vehicles are hired, rental fees are agreed upon in contracts and must be consistent with market prices at the same time period.

+ Costs for guiding families in caring for children and purchasing gifts for children, a minimum of 500,000 VND per child.

+ Communication costs with families and individuals fostering children in particularly difficult circumstances, based on actual expenses incurred.

b) Vocational training model linked to job creation for children in particularly difficult circumstances:

- The Ministry of Labor, Invalids, and Social Affairs will research and develop a vocational training model linked to job creation for children in particularly difficult circumstances based on community involvement and guide localities in implementing the model.

- Based on the vocational training model linked to job creation for children in particularly difficult circumstances based on community involvement issued by the Ministry of Labor, Invalids, and Social Affairs, the Department of Labor, Invalids, and Social Affairs will take the lead and coordinate with relevant agencies to submit to the People's Committee of provinces and centrally-administered cities for the selection of models to pilot, ensuring suitability for children in particularly difficult circumstances based on community involvement.

- Contents and funding levels for developing and implementing the model:

+ Research and development funding: The contents and funding levels shall be implemented in accordance with the provisions of the Ministry of Finance and the Ministry of Science and Technology in Circular Joint No. 93/2006/TTLT-BTC-BKHCN dated October 4, 2006 guiding the allocation of financial quotas for scientific and technological projects funded by the state budget (hereinafter referred to as Circular Joint No. 93/2006/TTLT-BTC-BKHCN) and Circular Joint No. 44/2007/TTLT-BTC-BKHCN dated May 7, 2007 guiding the establishment and allocation of budget estimates for scientific and technological projects funded by the state budget (hereinafter referred to as Circular Joint No. 44/2007/TTLT-BTC-BKHCN).

+ Support for children in particularly difficult circumstances based on community involvement to learn vocational skills: The level of support for vocational training costs, food expenses, and travel expenses shall be in accordance with the regulations for rural workers in poor households as stipulated in Decision No. 1956/QĐ-TTg dated November 27, 2009 of the Prime Minister approving the Project on vocational training for rural workers and Circular Joint No. 112/2010/TTLT-BTC-BLDTBXH dated July 30, 2010 of the Ministry of Finance and the Ministry of Labor, Invalids, and Social Affairs guiding the management and utilization of funds for implementing the Project "Vocational Training for Rural Workers until 2020" as approved by Decision No. 1956/QĐ-TTg dated November 27, 2009 of the Prime Minister. Specifically, disabled children receiving vocational training support shall be provided in accordance with the regulations stipulated in Circular Joint No. 48/2013/TTLT-BTC-BLDTBXH dated April 26, 2013 of the Ministry of Finance and the Ministry of Labor, Invalids, and Social Affairs regulating the management and utilization of funds for implementing the Assistance Project for Persons with Disabilities during the period 2012-2020.

+ Costs for surveying, identifying, and selecting children in particularly difficult circumstances based on community involvement who have the need and ability to participate in vocational training; evaluating and summarizing the model: The contents and funding levels shall be implemented in accordance with the provisions of the Ministry of Finance in Circular No. 97/2010/TT-BTC dated July 6, 2010 regulating travel expenses and organizing conference expenses for state agencies and public service units (hereinafter referred to as Circular No. 97/2010/TT-BTC) and Circular No. 58/2011/TT-BTC dated May 11, 2011 regulating the management, utilization, and settlement of funds for conducting statistical surveys.

+ For special contents and funding levels arising when implementing the model that are not currently regulated in the existing financial expenditure regime and this Circular, the Chairman of the Provincial People's Committee shall decide on specific contents and funding levels in the decision approving the model.

3. Funding for upgrading material infrastructure and equipment for social welfare institutions and social houses to meet the conditions for caring for children in particularly difficult circumstances:

a) The Ministry of Labor, Invalids, and Social Affairs shall specify a list of equipment suitable for the scale of social welfare institutions and social houses caring for children in particularly difficult circumstances.

b) Depending on specific requirements, conditions, and the capacity of the local budget, the Chairman of the People's Committee of the province or centrally governed city (hereinafter referred to collectively as provincial level) shall approve the Project for upgrading material infrastructure and equipment for existing social welfare facilities and community houses to meet the conditions necessary for caring for children in particularly difficult circumstances.

4. Construction costs for temporary shelters to receive and care for children affected by natural disasters and calamities based on community support in certain localities:

a) The Ministry of Labor, War Invalids and Social Affairs shall study and build models of temporary shelters and guide localities to pilot these temporary shelter models to receive and care for children affected by natural disasters and calamities based on community support.

b) Localities shall base their selection of pilot areas for temporary shelters on the models guided by the Ministry of Labor, War Invalids and Social Affairs. Depending on specific conditions, requirements, and the capacity of the local budget, the competent authority shall approve the Project for constructing new temporary shelters or upgrading the material infrastructure and equipment of existing facilities to be used as temporary shelters to receive and care for children affected by natural disasters and calamities based on community support.

c) The state budget shall ensure the operating expenses of temporary shelters according to the budget classification under the State Budget Law. The content and amount of expenditure shall be implemented according to the current financial expenditure regulations of the State for administrative agencies and public service units and the following special expenditure items:

- Establishing child records at a cost of 30,000 VND per record (including photos).

- Supporting food expenses for children affected by natural disasters and calamities who are received and cared for in temporary shelters: The minimum support level is 30,000 VND per person per day.

- Supporting staff assigned the task of providing psychological counseling to children. The remuneration rate is 10,000 VND per child counseled per session but not exceeding 500,000 VND per staff member per month.

- Purchasing professional guidance materials for caring for children affected by natural disasters and calamities.

- Purchasing essential personal living supplies for children; medical examination and treatment costs during the time children reside at the facility: The facility shall prepare an appropriate budget annually for submission to the competent authority for approval.

- Supporting medical treatment costs for children under six years old; children from poor households, near-poor households, ethnic minority families residing in economically disadvantaged areas, extremely disadvantaged areas, and policy families according to the Preferential Treatment Ordinance for Persons with Meritorious Service in the Revolution when seeking treatment at healthcare facilities without health insurance cards. The support level is equivalent to the health insurance fund payment for corresponding beneficiaries. For children not belonging to these categories but without relatives, the support level is equivalent to the health insurance fund payment for beneficiaries from poor households.

- Transportation costs for bringing children to social welfare facilities or back to their place of residence (if applicable). The cost is calculated based on the public transportation fare applicable in the locality. In cases where vehicles from the agency or unit are arranged, the cost is calculated based on actual kilometers traveled and fuel consumption; in cases where external vehicles are hired, the rental fee is agreed upon in the contract and consistent with market prices at the same time.

5. Costs for building a database and information system for social welfare for children in particularly difficult circumstances: the content and amount of expenditure shall be implemented according to the provisions of Circular Joint No. 19/2012/TTLT-BTC-BKH&ĐT-BTTTT dated February 15, 2012, issued by the Ministry of Finance, the Ministry of Planning and Investment, and the Ministry of Information and Communications guiding the management and use of funds for implementing the National Program on the Application of Information Technology in the Activities of State Agencies, and Circular No. 194/2012/TT-BTC dated November 15, 2012, issued by the Ministry of Finance guiding the expenditure levels for maintaining electronic information to sustain the regular operations of agencies and units using state budgets.

6. Costs for communication, raising awareness, and responsibility of the community in caring for and assisting children in particularly difficult circumstances based on community support: Implemented according to the provisions of Clause 1, Article 4 of Circular Joint No. 181/2011/TTLT-BTC-BLĐTBXH.

7. Costs for inspection, supervision, interim review, final evaluation, and assessment of the implementation of the activities of the Program. The content and amount of expenditure shall be implemented according to the provisions of Circular No. 97/2010/TT-BTC.

8. Costs for scientific research in fields related to prevention, early detection, intervention, and care for children in particularly difficult circumstances based on community support: the content and amount of expenditure shall be implemented according to the provisions of Circular Joint No. 93/2006/TTLT-BTC-BKHCN and Circular Joint No. 44/2007/TTLT-BTC-BKHCN and any subsequent amendments and supplements (if any).

9. Costs for cooperation with foreign organizations and individuals in providing technical assistance, experience, and resources to care for children in particularly difficult circumstances based on community support: the content and amount of expenditure shall be implemented according to the provisions of the Ministry of Finance in Circular No. 102/2012/TT-BTC dated June 21, 2012, stipulating the travel allowance system for civil servants going on short-term missions abroad funded by the state budget; Circular No. 01/2010/TT-BTC dated January 6, 2010, stipulating the reception expense system for foreign guests visiting Vietnam, organizing international conferences and seminars in Vietnam, and domestic hospitality expenses.

Article 4. Establishment, Implementation, and Settlement of Budget Expenses for the Project

1. The establishment, allocation, implementation, and settlement of budget expenses for the Project shall be carried out in accordance with the State Budget Law and guiding documents thereof.

2. The budget expenses for activities under the Project shall be allocated within the annual state budget expenditure plan according to the spending categories of relevant agencies and units as stipulated in the current state budget classification.

3. Ministries and central agencies, based on the tasks assigned in Decision No. 647/QĐ-TTg dated April 26, 2013 of the Prime Minister, shall take the lead and coordinate with related agencies to develop plans and budget estimates for implementing the Project, issue guiding documents for Project activities within their authority, and submit them to the Ministry of Labor, Invalids, and Social Affairs.

4. The Department of Labor, Invalids, and Social Affairs shall take the lead and coordinate with related Departments and sectors to develop plans and budget estimates for implementing the Project, submit these plans for approval by the People's Committee Chairman at the provincial level, clearly define the indicators, activities of the Project, and the responsibilities of each agency in organizing its implementation, and compile annual reports on the results of implementation to the Ministry of Labor, Invalids, and Social Affairs.

5. Management and utilization of funds for repairing, upgrading infrastructure, and purchasing equipment shall be conducted in accordance with the current laws on bidding and Circular No. 86/2011/TT-BTC dated June 17, 2011 issued by the Ministry of Finance guiding the management and settlement of investment capital and operational capital with investment characteristics from state budget sources, and Circular No. 68/2012/TT-BTC dated April 26, 2012 stipulating bidding procedures for purchasing assets to maintain regular operations of state agencies, political organizations, political-social organizations, social-professional organizations, social organizations, and people's armed forces units.

Article 5. Implementation Provisions

1. This Circular takes effect from February 15, 2014.

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

3. During the implementation process, if there are any difficulties, units are requested to promptly report to the Ministry of Finance and the Ministry of Labor, Invalids, and Social Affairs for research and resolution.