Circular No. 23/2014/TT-BVHTTDL amending and supplementing certain Articles of Circular No. 02/2010/TT-BVHTTDL dated March 16, 2010, issued by the Minister of Culture, Sports and Tourism detailing procedures for registering activities, dissolution of family violence victim support centers; family violence prevention and control counseling centers; standards for counseling staff; issuance of counseling staff cards; certification of caregiving, counseling skills and training on preventing and controlling family violence.

CIRCULAR

AMENDMENTS AND SUPPLEMENTS TO SOME ARTICLES OF CIRCULAR NO. 02/2010/TT-BVHTTDL DATED MARCH 16, 2010, ISSUED BY THE MINISTER OF CULTURE, SPORTS AND TOURISM ON DETAILING PROCEDURES FOR REGISTRATION OF ACTIVITIES, DISSOLUTION OF DOMESTIC VIOLENCE VICTIM SUPPORT INSTITUTIONS; DOMESTIC VIOLENCE PREVENTION AND CONTROL ADVISORY INSTITUTIONS; STANDARDS FOR ADVISORS; ISSUE OF ADVISOR CARDS; CERTIFICATION OF CARE, ADVISORY AND TRAINING PROFESSIONAL SKILLS FOR DOMESTIC VIOLENCE PREVENTION AND CONTROL

Pursuant to the Law on Prevention and Control of Domestic Violence No. 02/2007/QH12 dated November 21, 2007;

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

Pursuant to Decree No. 76/2013/NĐ-CP dated July 16, 2013 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism;

At the proposal of the Family Department Director;

The Minister of Culture, Sports and Tourism issues this Circular amending and supplementing some articles of Circular No. 02/2010/TT-BVHTTDL dated October 16, 2014 issued by the Minister of Culture, Sports and Tourism (hereinafter referred to as Circular No. 02/2010/TT-BVHTTDL) detailing procedures for registration of activities, dissolution of domestic violence victim support institutions; domestic violence prevention and control advisory institutions; standards for advisors; issuance of advisor cards; certification of care, advisory and training professional skills for domestic violence prevention and control, as follows:

Article 1. Amend and supplement some articles of Circular No. 02/2010/TT-BVHTTDL as follows:

1. Clause 6 of Article 3 is amended and supplemented as follows:

6. Submit two sets of application files directly or via postal service to the Department of Culture, Sports and Tourism (if the authority issuing the Registration Certificate for Activities is the People's Committee at provincial level); or to the Department of Culture and Information (if the authority issuing the Registration Certificate for Activities is the People's Committee at district level).

2. Article 5 is amended and supplemented as follows:

Article 5. Procedure for reissuing and replacing the Registration Certificate for Activities

1. In case the Registration Certificate for Activities of a domestic violence prevention and control advisory institution; a domestic violence victim support institution is lost, torn, or damaged, such institution shall be entitled to have the Registration Certificate for Activities reissued.

a) Documents required for reissuing the Registration Certificate for Activities include:

Application form for reissuing the Registration Certificate for Activities of a domestic violence prevention and control advisory institution according to Model M8a; Application form for reissuing the Registration Certificate for Activities of a domestic violence victim support institution according to Model M8b attached to this Circular;

Original Registration Certificate for Activities (in case it is torn or damaged);

Copy of the Registration Certificate for Activities or operational regulations approved (in case the Registration Certificate for Activities is lost).

b) Submit directly or via postal service one set of application documents for reissuing the Registration Certificate for Activities to the People's Committee with the authority stipulated in Article 17 of the Government Decree No. 08/2009/NĐ-CP dated February 4, 2009 detailing and guiding the implementation of certain provisions of the Law on Prevention and Control of Domestic Violence (hereinafter referred to as Decree No. 08/2009/NĐ-CP). Within 15 working days from the date of receipt of complete and valid documents, the People's Committee with the authority will reissue the Registration Certificate for Activities for a domestic violence prevention and control advisory institution according to Model M6a2, and for a domestic violence victim support institution according to Model M6b2 of Circular No. 02/2010/TT-BVHTTDL. If not agreeing, a written response must be provided along with the reasons.

c) The entity that is reissued with the Registration Certificate for Operation shall be responsible for notifying in writing (attached with a copy of the reissued Registration Certificate for Operation) to the competent specialized agency managing state administration over culture, sports, and tourism as prescribed in Clause 1 of Article 1 of this Circular for monitoring and management.

2. In cases where entities providing advice on preventing and combating domestic violence; entities supporting victims of domestic violence change their name, address of headquarters, head, or content of activities, such entities shall be eligible to change the Registration Certificate for Operation.

a) The dossier for changing the Registration Certificate for Operation includes:

Application form for changing the Registration Certificate for Operation of entities providing advice on preventing and combating domestic violence according to Form M8a1; Application form for changing the Registration Certificate for Operation of entities supporting victims of domestic violence according to Form M8b1 attached to this Circular;

The Registration Certificate for Operation already issued to the entity;

The operational regulations of the entity (if there are amendments or supplements);

Relevant documents concerning the changes in content (name, head, location of headquarters), one copy each.

b) Submit directly or send via postal service one set of the application dossier for changing the Registration Certificate for Operation to the competent authority as prescribed in Clause 1 of Article 1 of this Circular. Upon receipt of the dossier, the receiving authority shall issue a receipt to the submitting party and conduct an examination of the dossier within ten working days from the date of receipt of a complete and valid dossier. In cases where the dossier is incomplete or invalid, the authority shall guide the entity to perfect the dossier, and the examination period will be recalculated from the date of receipt of a complete and valid dossier.

c) Within three working days from the date of completion of the examination results, the examining authority must send one set of the dossier and the examination record to the People's Committee with the competence as prescribed in Article 17 of Decree No. 08/2009/NĐ-CP to change the Registration Certificate for Operation for the entity.

d) Within seven working days from the date of receipt of the complete dossier and examination record, the People's Committee with the competence as prescribed in Article 17 of Decree No. 08/2009/NĐ-CP shall be responsible for changing the Registration Certificate for Operation for entities providing advice on preventing and combating domestic violence according to Form M6a1, and for entities supporting victims of domestic violence according to Form M6b1 promulgated together with Circular No. 02/2010/TT-BVHTTDL. In cases of refusal to change the Registration Certificate for Operation, the reasons must be stated in writing.

đ) The amended and supplemented operational regulations of the entity shall be approved by the authority issuing the Registration Certificate for Operation simultaneously with the issuance of the Registration Certificate for Operation to the entity.

3. Clause 1 of Article 8 is amended and supplemented as follows:

1. The authority competent to issue the Registration Certificate for Operation as prescribed in Article 17 of Decree No. 08/2009/NĐ-CP shall be the authority competent to dissolve entities providing advice on preventing and combating domestic violence; entities supporting victims of domestic violence in the following cases:

a) At the request of the family violence prevention and control advisory facility or the facility supporting victims of family violence;

b) The Certificate of Registration for Operation has been revoked or the right to use the Certificate of Registration for Operation has been withdrawn according to the decision of the competent authority.

4. Clause 2, Clause 4 of Article 10 shall be amended and supplemented as follows:

2. The application dossier for issuing a Caregiver Card; an Advisory Counselor Card includes:

a) An application form for issuing an Advisory Counselor Card according to Form M9b; a Caregiver Card according to Form M9a attached to this Circular;

b) A copy of the Professional Qualification Certificate for Caregiving or Advisory Services on Family Violence Prevention and Control;

c) Two photographs measuring 3 x 4 cm.

d) The dossier shall be compiled into one set and submitted directly or sent via postal service to the Department of Culture, Sports and Tourism that issued the Card.

4. In case the card is lost, torn, or damaged, the caregiver or advisor shall be reissued an Advisory Counselor Card according to Form M1a2; a Caregiver Card according to Form M1b2 issued together with Circular No. 02/2010/TT-BVHTTDL. The time limit for reissuing the card is seven working days from the date of receipt of the complete valid dossier. The reissue dossier includes:

a) An application form for reissuing an Advisory Counselor Card according to Form M9a1; an application form for reissuing a Caregiver Card according to Form M9b1 attached to this Circular;

b) The old card (in case it is torn or damaged);

c) A copy of the Professional Qualification Certificate for Caregiving or Advisory Services on Family Violence Prevention and Control;

d) Two photographs measuring 3 x 4 cm;

đ) The dossier shall be compiled into one set and submitted directly or sent via postal service to the Department of Culture, Sports and Tourism that issued the Card.

5. Clause 2 of Article 11 shall be amended as follows:

2. The conditions for individuals to be granted a Professional Qualification Certificate for Caregiving or Advisory Services on Family Violence Prevention and Control must be certified by agencies and organizations specified in Clause 1 of Article 14 of Circular No. 02/2010/TT-BVHTTDL, having completed training and passed an examination with a minimum score of 50 out of 100 points per subject organized by the Department of Culture, Sports and Tourism.

6. Article 14 shall be amended and supplemented as follows:

1. Agencies and organizations responsible for conducting training on family violence prevention and control:

a) The Family Department, Ministry of Culture, Sports and Tourism;

b) Departments of Culture, Sports and Tourism;

c) Relevant social organizations and associations.

2. Training program and content

The training program and content of central agencies, ministries, organizations, and associations must be approved by the Ministry of Culture, Sports and Tourism;

The training program and content of local associations and organizations must be approved by the Department of Culture, Sports and Tourism where the training facility is located.

Trainees who complete the training course on family violence prevention and control will be issued a Certificate according to Forms M3a and M3b issued together with Circular No. 02/2010/TT-BVHTTDL.

3. Lecturers of the training course on caregiving and advisory services on family violence prevention and control must have a bachelor's degree or higher in social sciences and healthcare, with at least two years of experience working in the field of family affairs or in family violence prevention and control work.

4. Forms and duration of training

a) The training shall be conducted in a centralized format.

b) Duration of training

Initial training: at least three days for the subjects specified in Clause 1 of Article 13 of Circular No. 02/2010/TT-BVHTTDL; at least five days for the subjects specified in Clause 2 of Article 13 of Circular No. 02/2010/TT-BVHTTDL;

Regular training: the subjects specified in Clause 1 of Article 13 of Circular No. 02/2010/TT-BVHTTDL must undergo regular training at least once a year with a training period of at least one day to update information, legal regulations, and new knowledge on family violence prevention and control.

5. Training organization expenses

a) The training expenses for the subjects specified in Clause 1 of Article 13 of Circular No. 02/2010/TT-BVHTTDL shall be funded from the provincial budget allocated for family violence prevention and control activities;

b) The training expenses for the subjects specified in Clause 2 of this Circular shall be borne by the sending entity or individual participants according to regulations;

c) Revenue and expenditure management shall comply with current laws.

Article 2. Effective Date

1. This Circular takes effect from February 20, 2015.

2. During implementation, if any issues arise, agencies, organizations, and individuals are requested to promptly report them to the Ministry of Culture, Sports and Tourism for research and amendment./.