Circular No. 33/2017/TT-BLDTBXH guiding the organizational structure, staffing norms, and procedures and standards for social assistance at social assistance facilities

CIRCULAR

Guidelines on organizational structure, staffing norms, and procedures and standards for social assistance at social assistance facilities

Pursuant to Decree No. 14/2017/NĐ-CP dated February 17, 2017, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;

Pursuant to Decree No. 103/2017/NĐ-CP dated September 12, 2017 of the Government on establishment, organization, operation, dissolution, and management of social assistance facilities; and managing social assistance facilities;

At the proposal of the Director of the Social Assistance Administration;

The Minister of Labor, Invalids and Social Affairs issues this Circular guiding on organizational structure, staffing norms, and procedures and standards for social assistance at social assistance facilities.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides on organizational structure, staffing norms, and procedures and standards for social assistance at social assistance facilities (hereinafter referred to as facilities).

Article 2. Applicability

This Circular applies to public social assistance facilities and non-public social assistance facilities, including:

1. Social welfare facilities caring for elderly people.

2. Social welfare facilities caring for children with special circumstances.

3. Social welfare facilities caring for persons with disabilities.

4. Social welfare facilities providing care and functional recovery for mentally ill persons or those with mental disorders.

5. Comprehensive social welfare facilities implementing care for multiple social welfare recipients or those requiring social assistance.

6. Social work centers providing counseling, emergency care, or necessary support conditions for social assistance recipients.

7. Other social assistance facilities as prescribed by law.

Chapter II

ORGANIZATIONAL STRUCTURE AND STAFFING LEVELS AT SOCIAL ASSISTANCE FACILITIES

Article 3. Organizational Structure

1. Leadership of social assistance facilities includes the Director and Deputy Directors.

2. Structure

The competent state administrative body managing public social assistance facilities shall base on tasks, scale, number of service recipients, and number of civil servants, officials, and employees to determine the organizational structure into departments, divisions, or units appropriately, ensuring not to increase the current number of departments, not to increase the current number of staff working in public social assistance facilities in the area; while implementing streamlined staffing and restructuring the civil servant, official, and employee workforce according to regulations. The organizational structure of public social assistance facilities is determined based on the following basic groups of work:

a) Administrative - General;

b) Social Work and Community Development;

c) Emergency and Long-term Care;

d) Health - Functional Recovery;

đ) Departments, divisions, or units with other names decided by the competent authority.

3. The Director of non-public social assistance facilities may refer to Clause 2 of this Article to decide on the organizational structure suitable to the practical situation at the facility.

Article 4. Job Positions

Job positions at social assistance facilities include:

1. Group of job positions related to management and operational tasks:

b) Deputy Director;

c) Head of Department;

d) Deputy Head of Department.

d) Deputy Head of Department;

đ) Head of Department;

e) Deputy Head of Department.

2. Group of job positions related to care and assistance tasks at social assistance facilities:

a) Social Work;

b) Psychology;

c) Direct Care for Recipients;

d) Health, Nursing;

đ) Nutritional Care;

e) Functional Recovery;

g) Cultural Education;

h) Vocational Training;

i) Other job positions as prescribed by law.

3. Group of job positions related to support and service tasks:

a) Accounting;

b) Administrative - General;

c) Management;

d) Cashier;

đ) Secretary;

e) Driver;

g) Security;

h) Other job positions as prescribed by law.

4. The competent state administrative body managing public social assistance facilities decides on job positions, merges job positions, or supplements new job positions according to the law, ensuring the fulfillment of assigned tasks.

5. The Director of non-public social assistance facilities decides on job positions and personnel of the facility to ensure the fulfillment of the facility's tasks.

Article 5. Staffing Standards at Social Assistance Facilities

1. Director: Each social assistance facility shall have 01 Director.

2. Deputy Director: Each social assistance facility shall have no more than 02 Deputy Directors.

3. Each functional department shall include a Head, no more than 02 Deputy Heads, and staff members. The number of staff members in each functional department shall be determined based on job positions and actual workload.

4. Each ward shall include a Ward Chief, no more than 02 Deputy Ward Chiefs, and staff members. The number of staff members in each ward shall be determined based on job positions and actual workload.

5. Social Work Staff: 01 social work staff member manages up to 100 cases.

6. Psychological Staff: Each facility shall have at least 01 psychological staff member.

7. Direct Care Staff for Individuals at the Facility:

a) Childcare Staff: 01 childcare staff member is responsible for 01 child under 18 months old, up to 06 normal children from 18 months to under 6 years old, or up to 10 normal children from 6 to under 16 years old; caring for up to 04 disabled or mentally ill children or those infected with HIV/AIDS from 18 months to under 6 years old; caring for up to 05 disabled or mentally ill children or those infected with HIV/AIDS from 6 to under 16 years old.

b) Disabled Care Staff: 01 care staff member is responsible for up to 10 self-sufficient disabled individuals or up to 04 non-self-sufficient disabled individuals.

c) Elderly Care Staff: 01 care staff member is responsible for up to 10 self-sufficient elderly individuals or up to 04 non-self-sufficient elderly individuals.

d) Mental Health Care Staff: 01 care staff member is responsible for up to 02 severely mentally ill individuals, up to 04 moderately mentally ill individuals, or up to 10 recovered and stable mentally ill individuals.

e) Homeless Care Staff: 01 care staff member is responsible for up to 12 homeless individuals (this standard applies during periods when homeless individuals are received at the facility for assessment and return to their place of origin).

8. Medical Staff: 01 medical staff member is responsible for health care for up to 50 individuals.

9. Nutrition Staff: 01 nutrition staff member serves up to 20 individuals.

10. Rehabilitation Staff: 01 rehabilitation staff member guides up to 05 individuals in functional recovery.

11. Cultural and Vocational Education Teachers: 01 teacher is responsible for teaching cultural and vocational subjects to up to 09 individuals.

12. Indirect Job Positions shall not exceed 20% of the total workforce at the social assistance facility, including: Accountant, administrative and general affairs, management, cashier, secretary, driver, security guard.

Chapter III

SOCIAL ASSISTANCE PROCEDURES AND STANDARDS

The facility implements social assistance procedures for beneficiaries through the following steps:

1. Receiving information and needs of beneficiaries; organizing screening and categorizing beneficiaries.

2. Evaluating the mental and physical condition and needs of beneficiaries.

3. Developing a social assistance plan for beneficiaries.

4. Implementing the social assistance plan.

5. Collecting data, compiling, analyzing, and evaluating the progress of beneficiaries; monitoring and evaluating care activities and adjusting care plans if necessary.

6. Developing a plan to terminate assistance and support community integration for beneficiaries.

Article 7. Environmental, Surrounding Area, and Housing Standards

1. The environment and surrounding area of the facility must meet the following standards:

a) The facility must be located at a convenient location for traffic access; the environment should have greenery and fresh air beneficial to the health of the beneficiaries;

b) There must be a drainage system; there must be places for regular waste disposal and appropriate measures to handle waste;

c) The entrance gate of the facility must have clear signs with the name and address; there must be fencing and lighting to ensure the safety of the facility;

d) There must be a funeral room and a place for mourning for deceased beneficiaries;

đ) For facilities in rural and mountainous areas, there must be at least one garden, a flagpole, and suitable space for group physical exercise, sports, and recreation. If there are ponds or lakes, they must be fenced off to ensure the safety of the beneficiaries; there must be land for supplementary production to serve daily life and activities at the facility; livestock and poultry areas must be far from office and residential areas;

2. The material infrastructure of the facility must meet the following standards:

a) The working and living buildings must be sturdy, safe, and able to withstand rain and storms;

b) Doors and windows must provide sufficient light and ensure ventilation;

c) Systems ensuring safety for beneficiaries, including the installation of electrical, gas, and drainage systems appropriately;

d) Bathrooms and showers must be suitable for different groups of beneficiaries, including those with disabilities; there must be separate bathrooms and showers for women;

đ) Accommodation arrangements for beneficiaries must be appropriate according to age and gender;

e) There must be common living areas for beneficiaries during their free time;

g) There must be recreational areas, production areas, and therapeutic labor areas for beneficiaries;

h) There must be a communal kitchen and dining hall for beneficiaries;

i) There must be a medical room to provide initial healthcare services for beneficiaries;

k) There must be necessary equipment for people with disabilities, the elderly, and children;

l) Facilities and equipment must ensure that people with disabilities, the elderly, and children can easily access and use them;

Article 8. Health Care, Sanitation, Clothing, and Nutrition Standards

The facility must ensure that beneficiaries receive care according to the following standards:

1. Healthcare:

The facility must have medical staff, appropriate medical equipment and supplies, and a first aid kit to provide initial health care and emergency treatment when necessary; treatment and record keeping; regular health check-ups every six months and annually for each beneficiary. For facilities responsible for rehabilitation, there must be staff and equipment for beneficiary rehabilitation;

2. Sanitation and Personal Items:

a) Provide clean drinking water and ensure daily bathing and laundry hygiene for beneficiaries;

b) Provide personal hygiene items, including soap, towels, face cloths, toothpaste, and individual toothbrushes;

c) Provide sleeping items, including beds, mats, pillows, quilts, and mosquito nets;

d) The social assistance facility must have specific rules on cleaning and personal hygiene;

3. Clothing:

Beneficiaries must be provided with school uniforms (for children of school age), socks, and shoes, which must be supplied at least once every six months and replaced if damaged, lost, or worn out, and warm clothing for winter;

4. Nutrition:

a) Provide at least three meals (breakfast, lunch, and dinner) per day;

b) Ensure adequate calorie intake, including protein (meat, fish, soybeans, carbohydrates, grains, fruits, and vegetables);

c) Special nutrition programs must be available for beneficiaries with special needs such as newborns, disabled children, HIV-infected children, sick or malnourished children, the elderly, and those with dietary restrictions due to illness, religion, or belief.

Article 9. Education and Vocational Training Standards

The facility must ensure that individuals have access to cultural education (for those with learning capabilities); vocational training (for children aged 13 and above and those with labor capacity who wish to learn a trade), specifically:

1. Ensuring universal education as stipulated in Clause 2, Article 1 of the Law Amending and Supplementing Certain Provisions of the Education Law dated November 25, 2009.

2. Providing formal or non-formal education in public or private schools or social assistance facilities.

3. Educating individuals on social ethics, hygiene, knowledge about preventing HIV/AIDS transmission, reproductive health, and other topics appropriate to their age and gender.

4. Guiding individuals on methods to protect themselves from human trafficking, abuse, exploitation, and violence.

5. Providing textbooks, study materials, and arranging suitable study spaces for individuals.

6. Advising individuals to choose appropriate vocational training based on their personal abilities and local conditions.

7. Individuals will be supported to continue their education or vocational training depending on their age, choices, and market demand.

Article 10. Cultural, Sports, Physical Exercise, and Entertainment Standards

The facility must ensure that individuals have access to:

1. Culture:

a) A cultural environment that encourages sharing and support for individuals to express emotions, thoughts, ideas, and creativity;

b) Opportunities to participate in religious and social activities;

c) Learning traditional national culture and respecting freedom of religion and belief within the framework of Vietnamese law;

d) The right to choose a religion without discrimination or coercion to follow a specific religion to receive care in the facility.

2. Physical exercise, sports, leisure, and entertainment:

a) Participation in physical exercise, sports, leisure, and entertainment activities appropriate to their age and community; supporting individuals with disabilities to safely engage in such activities;

b) Being provided opportunities to meet and make friends with people around them, schoolmates, and community members; meeting family members or close friends, except in cases where it may threaten the individual's safety.

Chapter IV

IMPLEMENTATION

Article 11. Effective Date

1. This Circular takes effect from February 12, 2018.

2. Circular No. 04/2011/TT-BLDTBXH dated February 25, 2011 of the Ministry of Labor, Invalids and Social Affairs regarding care standards at social welfare facilities; Joint Circular No. 32/2009/TTLT-BLDTBXH-BNV dated September 21, 2009 of the Ministry of Labor, Invalids and Social Affairs and the Ministry of Home Affairs guiding tasks, authorities, organizational structure, and staffing levels of public social welfare facilities; Joint Circular No. 09/2013/TTLT-BLDTBXH-BNV dated June 10, 2013 of the Ministry of Labor, Invalids and Social Affairs and the Ministry of Home Affairs guiding functions, tasks, authorities, and organizational structures of public social work service centers shall cease to be effective from the date this Circular takes effect.

3. Social assistance facilities must develop solutions to organize and improve their workforce, standards, and operational conditions in accordance with Decree No. 103/2017/NĐ-CP and this Circular.

4. Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, and Heads of central agencies of political and social organizations, Chairmen of provincial People's Committees, and municipal People's Committees directly under the Central Government are responsible for implementing this Circular.

5. Any difficulties encountered during implementation should be reported to the Ministry of Labor, Invalids and Social Affairs for guidance./.