Circular No. 24/2011/TT-BVHTTDL stipulates standards and conditions for rewarding individuals and groups participating in preventing and combating domestic violence; it also identifies the subjects, conditions, and agencies responsible for compensating losses regarding property value for those directly involved in preventing and combating domestic violence.

 CIRCULAR

REGULATIONS ON STANDARDS AND CONDITIONS FOR REWARDING INDIVIDUALS AND GROUPS PARTICIPATING IN PREVENTION AND COMBATTING DOMESTIC VIOLENCE; OBJECTS, CONDITIONS, AND AUTHORITIES RESPONSIBLE FOR COMPENSATING PROPERTY DAMAGE TO PERSONS DIRECTLY PARTICIPATING IN PREVENTION AND COMBATTING DOMESTIC VIOLENCE

Pursuant to the Law on Prevention and Combating Domestic Violence 2007;

Pursuant to the Law on Competition and Reward 2003 and the Law Amending and Supplementing Certain Provisions of the Law on Competition and Reward 2005;

Pursuant to 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 Combating Domestic Violence;

Pursuant to Decree No. 42/2010/NĐ-CP dated April 15, 2010 of the Government detailing the implementation of certain provisions of the Law on Competition and Reward and the Law Amending and Supplementing Certain Provisions of the Law on Competition and Reward;

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 Culture, Sports and Tourism issues this Circular regulating standards and conditions for rewarding individuals and groups participating in prevention and combating domestic violence; objects, conditions, and authorities responsible for compensating property damage to persons directly participating in prevention and combating domestic violence as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope and Objects Regulated

1. Individuals and groups with outstanding achievements in activities related to prevention and combating domestic violence as stipulated in Clause 1, Article 5 of Decree No. 08/2009/NĐ-CP dated February 4, 2009 of the Government detailing and guiding the implementation of the Law on Prevention and Combating Domestic Violence (hereinafter referred to as Decree No. 08/2009/NĐ-CP).

2. The compensation for property damage to persons directly participating in prevention and combating domestic violence as stipulated in Clause 3, Article 5 of Decree No. 08/2009/NĐ-CP.

Article 2. Principles of reward and compensation

1. Principles of reward:

a) Accuracy, transparency, democracy, fairness, and timeliness based on a correct assessment of the effectiveness of work by groups and individuals; rewards for groups and individuals are not mandatory to follow a sequence from lower to higher forms of reward, but rather are awarded according to the achievements made. Achievements made under difficult conditions and with a wider impact are considered for higher rewards;

b) A form of reward may be given multiple times to the same recipient;

c) Ensure consistency between the nature, form, and recipient of the reward;

d) Combine spiritual encouragement with material incentives effectively.

2. The compensation for property damage to persons directly participating in prevention and combating domestic violence must be carried out in accordance with the objects and conditions specified in this Circular.

PART II

REWARDING

Article 3. Standards and forms of reward

1. Standards for reward:

a) Individuals and groups who have made significant contributions to activities related to prevention and combating domestic violence such as organizing and directing prevention and combating domestic violence work, disseminating information about prevention and combating domestic violence, reporting and preventing acts of domestic violence, supporting victims of domestic violence, handling acts of domestic violence, mobilizing resources or directly supporting resources for prevention and combating domestic violence activities;

b) Individuals and groups who have made sudden contributions that have had a positive impact on the community regarding prevention and combating domestic violence;

c) The standards for rewarding with Certificates of Merit from the Prime Minister, Medals, and Orders shall be implemented in accordance with the provisions of the Law on Competition and Reward.

CONFIRMATION BY THE AWARDING AGENCY

a) Certificate of Commendation;

b) Certificate of Merit;

c) Commemorative Medal for the Cultural, Sports and Tourism Cause;

d) Medal;

đ) Order;

e) In addition to the reward forms prescribed in points a, b, c, d, and đ of Clause 2 of this Article, individuals and groups receiving rewards also receive corresponding monetary rewards according to the current regulations.

Article 4. Conditions for awarding commendations

1. Conditions for proposing to be awarded a Certificate of Commendation by the Chairman of the People's Committee at the commune level:

a) Meeting one of the criteria specified in point a, Clause 1, Article 3 of this Circular;

b) At the time of proposing commendation, not violating the provisions of the law on preventing and combating domestic violence.

2. Conditions for proposing to be awarded a Certificate of Commendation by the Chairman of the People's Committee at the district level:

Individuals or groups meeting one of the following conditions shall be proposed for awarding a Certificate of Commendation by the Chairman of the People's Committee at the district level:

a) Individuals or groups being commended twice consecutively or three times non-consecutively by the Chairman of the People's Committee at the commune level and at the time of proposing commendation, not violating the provisions of the law on preventing and combating domestic violence;

b) Individuals or groups making outstanding contributions that have a positive impact on the community in preventing and combating domestic violence;

c) Individuals or groups having innovative ideas in preventing and combating domestic violence that are applied in practice in their locality and yield positive results;

d) Individuals or groups belonging to agencies or organizations at the district level recognized as excelling in their tasks related to preventing and combating domestic violence.

3. Conditions for proposing to be awarded a Certificate of Commendation by the Director of the Department of Culture, Sports and Tourism:

Individuals or groups belonging to agencies or organizations at the provincial level recognized as excelling in their tasks related to preventing and combating domestic violence.

4. Conditions for proposing to be awarded a Medal of Commendation by the Chairman of the People's Committee at the provincial level:

Individuals or groups meeting one of the following conditions shall be proposed for awarding a Medal of Commendation by the Chairman of the People's Committee at the provincial level:

a) Individuals or groups at the commune level receiving a Certificate of Commendation from the Chairman of the People's Committee at the district level twice consecutively or three times non-consecutively;

b) Individuals or groups at the district level receiving a Certificate of Commendation from the Chairman of the People's Committee at the district level three times consecutively or four times non-consecutively;

c) Individuals or groups at the provincial level receiving a Certificate of Commendation from the Director of the Department of Culture, Sports and Tourism three times consecutively or four times non-consecutively;

d) Individuals or groups making outstanding contributions with significant importance, creating a positive impact within the province in preventing and combating domestic violence.

5. Conditions for proposing to be awarded a Medal of Commendation by the Minister of Culture, Sports and Tourism:

Individuals or groups meeting one of the following conditions shall be proposed for awarding a Medal of Commendation by the Minister of Culture, Sports and Tourism:

a) Individuals or groups making contributions that create a positive impact across regions or nationwide in preventing and combating domestic violence;

b) Individuals or groups having research projects, innovative ideas, inventions in preventing and combating domestic violence that are applied in practice across regions or nationwide and yield positive results;

c) Individuals or groups at the central level recognized as excelling in their tasks related to preventing and combating domestic violence for two consecutive years;

d) Individuals or groups achieving outstanding results in advising and directing work on preventing and combating domestic violence, reducing the number of domestic violence cases under their management by at least 15% each year for two consecutive years or more; expanding and maintaining models of preventing and combating domestic violence according to guidelines issued by the Ministry of Culture, Sports and Tourism for two consecutive years or more, with the number of areas implementing such models increasing by at least 10% each year compared to the previous year (excluding areas already fully covered or nearly fully covered by villages, wards, and equivalent units).

6. Conditions for proposing to be awarded a Commemorative Medal for the Cultural, Sports and Tourism Cause as stipulated by the Minister of Culture, Sports and Tourism.

7. Conditions for proposing to be awarded a Medal of Commendation by the Prime Minister, Medals, Orders shall be implemented in accordance with the provisions of the Law on Competition and Rewards.

Article 5. Commendation procedures and formalities

Commendation procedures and formalities shall be carried out in accordance with the provisions of laws on competition and rewards.

PART III

RESTITUTION OF THE VALUE OF DAMAGED PROPERTY

Article 6. Recipients and conditions for state restitution of damage

The State shall reimburse damage to property for individuals directly participating in preventing and combating domestic violence in accordance with Clause 3, Article 5 of Decree No. 08/2009/NĐ-CP in the following cases:

1. The person causing damage must meet all the conditions including:

a) Having medical records prior to the time of causing damage to the property of individuals directly participating in preventing and combating domestic violence;

b) Having confirmation from a provincial-level hospital or higher regarding the illness;

c) Not having a guardian or having a guardian but the guardian has sufficient evidence to prove that they are not at fault in supervising the mentally ill person or the guardian is listed in the poverty household list issued by the Chairman of the People's Committee at the commune level which remains valid at the time of causing damage to the property.

2. The person causing violence must be a member of a poor household and must be listed in the poverty household recognition decision of the Chairman of the People's Committee at the commune level which remains valid at the time of causing damage to the property and have evidence proving that they do not have assets to compensate the victim both currently and in the future.

Article 7. Authority responsible for compensating the value of damaged property for individuals directly participating in preventing and combating domestic violence

1. The Provincial People's Committee is the authority responsible for compensating the value of damaged property for individuals directly participating in preventing and combating domestic violence when there is sufficient basis to verify that the person causing damage does not have the ability to compensate in accordance with Article 6 of this Circular.

2. Based on local circumstances, the Chairman of the Provincial People's Committee shall stipulate the delegation of authority for compensation of property damage according to their jurisdiction and allocate funds to the delegated authorities.

PART IV

EXPENSES FOR IMPLEMENTATION

Article 8. Budget for rewarding individuals and groups with outstanding achievements in preventing and combating domestic violence

The budget for commendation work shall be implemented in accordance with Circular No. 71/2011/TT-BTC dated May 24, 2011, of the Ministry of Finance guiding the establishment, management, and use of the competition and reward fund as prescribed in Decree No. 42/2010/NĐ-CP dated April 15, 2010, of the Government detailing certain provisions of the Law on Competition and Rewards.

Article 9. Budget for compensating the value of damaged property

The budget for compensating the value of damaged property as prescribed in Article 6 of this Circular shall be sourced from the provincial People's Committee's budget allocated for the prevention and combat of domestic violence at the local level in accordance with Clause 3, Article 5 of Decree No. 08/2009/NĐ-CP and Joint Circular No. 143/2011/TTLT/BTC-BVHTTDL dated October 21, 2011, of the Ministry of Finance and the Ministry of Culture, Sports and Tourism on the regulations governing the management and use of state budget funds for domestic violence prevention and control work.

Article 10. Expenses for establishing and perfecting files

Expenses for establishing and perfecting files (valuation meetings for damaged property, administrative expenses, travel expenses, and other related expenses if any) shall be implemented in accordance with Circular No. 97/2010/TT-BTC dated October 7, 2010, of the Ministry of Finance on the system of administrative expenses, and the regulations on organizing conferences for state agencies and public service units, and relevant financial laws.

PART V

IMPLEMENTING PROVISIONS

Article 11. Implementation Provisions

1. This Circular takes effect from February 14, 2012.

2. During implementation, if there are any difficulties, they should be promptly reported to the Ministry of Culture, Sports and Tourism for study, amendment, and supplementation./.