Joint Circular No. 24/2012/TTLT-BLDTBXH-BNV-BTC stipulates on the establishment, dissolution, organization of activities, and treatment and policies towards voluntary social work teams at communes, wards, and towns.

JOINT CIRCULAR

关于成立、解散、组织活动和对志愿社会工作队在乡、镇、城市街区的政策规定

关于志愿社会工作队在乡、镇、城市街区的成立、解散、组织活动和政策的规定

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Pursuant to Decree No. 186/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor - War Invalids and Social Affairs;

Pursuant to Decree No. 61/2012/NĐ-CP dated August 10, 2012, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Pursuant to 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;

根据2011年7月26日第61/2011/NĐ-CP号政府法令，对2004年6月10日第135/2004/NĐ-CP号政府法令关于实施送入医疗机构措施、医疗机构活动组织以及行政违法行为处理法和未成年人及自愿患者适用规定的若干条款进行修改补充；

劳动-残疾人和社会事务部部长、内务部部长、财政部长发布联合通知，规定志愿社会工作队在乡、镇、城市街区的成立、解散、组织活动和政策。

Section 1

GENERAL PROVISIONS

Article 1. Scope of Regulation

本联合通知规定志愿社会工作队在乡、镇、城市街区的成立、解散、组织活动和政策（以下简称志愿队）。

Article 2. Interpretation of Terms

在本联合通知中，下列术语理解如下：

1. 志愿队是由参与预防和打击社会恶习的个人组成的自愿组织，在乡、镇、城市街区成立、组织和运作，根据本联合通知和其他相关法律文件。

2. 志愿队成员是居住或在乡、镇、城市街区工作的公民，他们自愿参与预防和打击社会恶习的社会工作。

Article 3. Applicability

1. 志愿队，志愿队成员。

2. 与志愿队的成立、组织和运作有关的组织和个人。

第四条 志愿队成员的标准

1. 年满十八岁及以上，身体健康，具有完全民事行为能力。必须在乡、镇、城市街区居住六个月以上，或者在该乡志愿队运营地设有办事处的机关或组织工作（不包括公务员）。

2. 自愿加入志愿队。

第五条 志愿队的活动经费和对志愿队成员的政策

1. 确保志愿队运作和实施成员政策的资金从地方预算的经常性支出中安排，按照国家预算法及其实施细则的规定分配。

2. 根据法律规定，由组织和个人及其他来源筹集。

Section 2

成立、解散；志愿队的组织和活动以及对志愿队成员的政策

第六条 志愿队的成立和解散权限

县级人民委员会主席（以下简称县级人民委员会）决定成立和解散志愿队。

第七条 成立志愿队的程序

1. 根据乡、镇、城市街区预防和打击社会恶习的实际情况和要求，乡、镇、城市街区人民委员会（以下简称乡级人民委员会）根据本条第三款的规定，直接或通过邮政向县级劳动-残疾人和社会事务局提交成立志愿队的申请材料。

2. 自接收之日起十个工作日内，劳动-残疾人和社会事务局审查申请材料，并报请县级人民委员会主席作出成立志愿队的决定。如未获批准，劳动-残疾人和社会事务局须书面说明理由并发送给乡级人民委员会主席。

3. 成立志愿队的申请材料包括：

a) 乡级人民委员会主席提出的成立志愿队的请示报告，内容应明确成立志愿队的必要性，志愿队成员的数量和结构。

b) 志愿队活动章程草案。

Article 8. Dissolution procedures for Volunteer Teams:

1. The Volunteer Team shall be dissolved in the following cases:

a) At the proposal of the Chairman of the People's Committee of the commune;

b) There is a serious violation of the law in the management, organization, and operation of the Volunteer Team. Two-thirds (two-thirds) of the members of the Volunteer Team have been subject to administrative penalties, criminal prosecution, or their activities do not conform to the functions and tasks prescribed in Article 10 of this Circular.

2. Within 05 (five) working days from the date of receiving the report on the violation of the law by the members of the Volunteer Team, the Head of the Labor - War Invalids and Social Affairs Department shall be responsible for reviewing the dissolution proposal of the Chairman of the People's Committee of the commune as stipulated in point a, Clause 1 of this Article, or inspecting and evaluating the level of violation as stipulated in point b, Clause 1 of this Article and prepare a document (one set) to submit to the Chairman of the People's Committee of the district.

3. Within 05 (five) working days from the date of receiving the document from the Head of the Labor - War Invalids and Social Affairs Department, the Chairman of the People's Committee of the district issues a Decision to dissolve the Volunteer Team.

Article 9. Organization of Volunteer Teams

1. Each commune, ward, or town shall establish only 01 (one) Volunteer Team; the minimum number of members is 05 (five) people, with a maximum of no more than 10 (ten) people.

2. The structure of the Volunteer Team includes: 01 (one) Team Leader, 01 (one) or 02 (two) Deputy Team Leaders, and other members.

Article 10. Functions and Duties of the Volunteer Team

1. The Volunteer Team supports the People's Committee of the commune in performing tasks related to preventing and combating social evils in the locality; operates according to the Regulation approved by the Chairman of the People's Committee of the district.

2. Specific duties of the Volunteer Team:

a) Organizing activities to disseminate information, educate, prevent, and stop drug abuse, prostitution, reduce HIV/AIDS transmission and its consequences, and support victims of human trafficking in the community;

b) Participating in managing, counseling, educating, reforming, mobilizing, and supporting drug addicts to quit drugs, prostitutes to rehabilitate, and victims of human trafficking to integrate into the community;

c) Identifying violations of laws related to preventing and combating drug abuse, prostitution, HIV/AIDS, and human trafficking, and reporting them to competent authorities for handling and taking measures to prevent such violations;

d) Participating in implementing socio-economic programs in the locality such as poverty reduction, vocational training, job creation, gender equality, reducing discrimination and prejudice, accessing health and social services, helping drug addicts reintegrate into society after rehabilitation, prostitutes to rehabilitate, and victims of human trafficking to stabilize their lives and integrate into the community;

e) Participating in integrating efforts to prevent and combat social evils with the mass movement "All People United to Build Cultural Lives in Residential Areas," building healthy communes, wards, and towns free from social evils, and other movements in the locality.

Article 11. Support Policies for Members of the Volunteer Team

1. Based on the specific situation and conditions of the locality, members of the Volunteer Team shall enjoy the following support policies:

a) Attending training courses, seminars, workshops, study tours, forums sharing experiences on HIV/AIDS prevention, drug abuse prevention, prostitution prevention, and human trafficking prevention organized by various levels and sectors;

b) Providing materials and information related to HIV/AIDS prevention, drug abuse prevention, prostitution prevention, and human trafficking prevention;

c) Participating in programs and projects implemented in the locality related to their tasks.

2. If members of the Volunteer Team suffer accidents while performing their duties leading to damage to their health, they shall be supported with medical expenses for treatment, recovery of health, and restoration of lost or reduced functions as follows:

a) In the case where members of the Volunteer Team who have participated in health insurance are covered by the Health Insurance Fund according to the provisions of the Health Insurance Law and guiding documents;

b) In the case where members of the Volunteer Team who have suffered accidents without participating in health insurance: the cost of supporting medical expenses for treatment and restoration of lost or reduced functions due to accidents involving members of the Volunteer Team shall be guaranteed by the state budget within the regular expenditure budget of the commune.

3. Members of the Volunteer Team who are injured or killed under one of the circumstances specified in the Decree on Preferential Treatment for Persons Contributing to the Revolution shall be recognized as war invalids or martyrs.

4. Members of the Volunteer Team who participate in activities in the Team continuously for 03 (three) years or more, including at least 01 (one) year being awarded commendation certificates or medals by various departments, associations, or authorities, shall be given priority in vocational training and loans for production and business from vocational training programs or economic and social development projects in the commune.

Article 12. Funding for the activities of the Volunteer Team and remuneration for members of the Volunteer Team

1. The Volunteer Team shall be supported with funding to ensure regular operations for expenses related to information dissemination, publicity, counseling, consultations for beneficiaries, office supplies, mid-term and final evaluations.

2. Members of the Volunteer Team shall enjoy the following benefits:

a) Monthly remuneration. The maximum monthly remuneration rate for: team leader is 0.6 (zero point six) times the national minimum wage; deputy team leader is 0.5 (zero point five) times; volunteer team member is 0.4 (zero point four) times. Specific rates shall be determined by the People's Council of the province or centrally governed city based on budget capacity and actual conditions of each locality.

b) One-time support for purchasing uniforms up to a maximum of VND 500,000 (five hundred thousand dong).

3. Based on the activity plan and budget estimate of the Volunteer Team, the support system for the Volunteer Team and its members as stipulated in Clause 1 and Clause 2 of this Article, the People's Committee of the commune shall prepare the annual budget estimate along with the commune's budget expenditure estimate to submit to the competent authority for decision.

Section 3

IMPLEMENTATION

Article 13. Responsibilities of People's Committees at all levels

1. The People's Committee of the province shall decide on the policy and plan for establishing a network of Volunteer Teams within its jurisdiction based on local circumstances.

2. The People's Committee of the district shall direct the Department of Labor, Invalids and Social Affairs at the district level to organize inspections and evaluations of the Volunteer Team network's activities; provide training and professional development to enhance the effectiveness of the Volunteer Team's operations; report periodically every six months and annually to the People's Committee of the province on the results of the Volunteer Team's activities, and report promptly when required.

3. Commune People's Committee:

a) Direct the preparation of the activity plan for the Volunteer Team;

b) Provide funding to ensure the regular operation of the Volunteer Team and implement payment of benefits for Volunteer Team members as prescribed in Article 12 of this Joint Circular;

c) Report periodically every six months and annually to the People's Committee of the district on the results of the Volunteer Team's activities.

Article 14. Responsibilities of the Department of Labor, Invalids and Social Affairs

1. Take the lead in coordinating with the Department of Civil Service Management and the Department of Finance to develop a network planning scheme for the Volunteer Teams to be submitted for approval by the Chairman of the People's Committee of the province.

2. Take the lead in coordinating with relevant departments, directing the Department of Labor, Invalids and Social Affairs at the district level to implement activities such as organizing training and professional development for Volunteer Team members; conducting periodic inspections and evaluations of the Volunteer Team network's activities, and proposing solutions to improve organizational structure and enhance operational effectiveness.

3. Organize guidance, inspection, and evaluation of the establishment, dissolution, organization of activities, and implementation of policies and benefits for Volunteer Team members.

4. Report periodically every six months and annually to the People's Committee of the province and the Ministry of Labor, Invalids and Social Affairs on the situation and results of the Volunteer Team's activities, and report promptly when required.

Article 15. Implementation Provisions

1. This Joint Circular takes effect from December 7, 2012.

2. This Joint Circular replaces Joint Circular No. 27/2003/TTLT-BLDTBXH-BTC-UBTƯMTTQVN dated December 18, 2003 issued by the Ministry of Labor, Invalids and Social Affairs, the Ministry of Finance, and the Vietnam Fatherland Front Central Committee guiding the organization and operation of the voluntary social work teams at the commune level.

3. Attached to this Joint Circular are the following forms:

a) Form of Proposal by the Chairman of the Commune People's Committee for Establishing a Commune Social Work Volunteer Team (Annex 1);

b) Decision Form of the Chairman of the District People's Committee for Establishing a Commune Social Work Volunteer Team (Annex 2);

c) Decision Form of the Chairman of the District People's Committee for Dissolving a Commune Social Work Volunteer Team (Annex 3);

d) Regulation Form on the Organization and Operation of Commune Social Work Volunteer Teams (Annex 4);

đ) Periodic Reporting Form on the Results of Commune Social Work Volunteer Team Activities (Annex 5). In the course of implementation, if there are difficulties or obstacles, please propose them to the Ministry of Labor, Invalids and Social Affairs for consideration and resolution.