Circular No. 35/2013/TT-BLDTBXH guiding the implementation of certain provisions of Decree No. 09/2013/NĐ-CP dated January 11, 2013 of the Government detailing the implementation of certain articles of the Law on Prevention and Combating Trafficking in Persons.

CIRCULAR

GUIDELINES FOR IMPLEMENTING CERTAIN PROVISIONS OF DECREE NO. 09/2013/NĐ-CP
ISSUED ON JANUARY 11, 2013 BY THE GOVERNMENT PROVIDING DETAILED REGULATIONS ON IMPLEMENTATION OF CERTAIN PROVISIONS OF THE LAW ON PREVENTION AND COMBATING OF TRAFFICKING IN PERSONS

OF THE LAW ON PREVENTION AND COMBATING OF TRAFFICKING IN PERSONS

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WHEREAS, the Law on Prevention and Combating of Trafficking in Persons dated March 29, 2011;

WHEREAS, Decree No. 09/2013/NĐ-CP dated January 11, 2013 issued by the Government providing detailed regulations on implementation of certain provisions of the Law on Prevention and Combating of Trafficking in Persons;

WHEREAS, Decree No. 106/2012/NĐ-CP dated December 20, 2012 issued by the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids and Social Affairs;

AT THE PROPOSAL OF THE DIRECTOR OF THE AGENCY AGAINST SOCIAL EVILS,

THE MINISTER OF LABOR, INVALIDS AND SOCIAL AFFAIRS ISSUES THIS CIRCULAR GUIDING THE IMPLEMENTATION OF CERTAIN PROVISIONS OF DECREE NO. 09/2013/NĐ-CP DATED JANUARY 11, 2013 ISSUED BY THE GOVERNMENT PROVIDING DETAILED REGULATIONS ON IMPLEMENTATION OF CERTAIN PROVISIONS OF THE LAW ON PREVENTION AND COMBATING OF TRAFFICKING IN PERSONS.

PART I
GENERAL PROVISIONS

Article 1. Scope and Applicability

1. This Circular provides for the following contents:

a) Detailed provisions on conditions, procedures for issuing, reissuing, extending, amending, and supplementing licenses to establish support centers for victims; functions, tasks, organizational structures of support centers for victims, and services provided to victims at social welfare institutions and support centers for victims.

b) Procedures for implementing victim support work.

c) Quality standards for providing victim support services at agencies receiving, rescuing, and supporting victims.

2. The subjects to which this Circular applies are agencies, organizations, and individuals assigned to carry out victim support tasks as prescribed by the Law on Prevention and Combating of Trafficking in Persons.

ARTICLE 2. PRINCIPLES FOR IMPLEMENTING VICTIM SUPPORT WORK

1. Organizations and individuals when carrying out activities and services to support victims must ensure the conditions and standards prescribed in this Circular.

2. The provision of victim support services must comply with professional guidelines and procedures of the Ministry of Labor, Invalids and Social Affairs.

Chapter II
CONDITIONS FOR ESTABLISHMENT, PROCEDURES FOR ISSUING, REISSUING, EXTENDING, AMENDING, AND SUPPLEMENTING LICENSES; ORGANIZATIONAL STRUCTURE, FUNCTIONS, AND TASKS OF SUPPORT CENTERS FOR VICTIMS AND SERVICES PROVIDED TO VICTIMS AT SOCIAL WELFARE INSTITUTIONS AND SUPPORT CENTERS FOR VICTIMS

LICENSE FOR ESTABLISHMENT; ORGANIZATIONAL STRUCTURE, FUNCTIONS AND RESPONSIBILITIES OF

SUPPORT BASES FOR VICTIMS AND VICTIM SUPPORT SERVICES AT

SOCIAL WELFARE INSTITUTIONS, VICTIM SUPPORT BASES

ARTICLE 3. CONDITIONS FOR ESTABLISHING SUPPORT CENTERS FOR VICTIMS

In addition to meeting the conditions specified in points a, b, and c, Clause 1, Article 4 of Decree No. 09/2013/NĐ-CP dated January 11, 2013 issued by the Government providing detailed regulations on implementation of certain provisions of the Law on Prevention and Combating of Trafficking in Persons (hereinafter referred to as Decree No. 09/2013/NĐ-CP), support centers for victims must also meet the following conditions:

1. Conditions regarding physical facilities:

a) Reception room for victims:

- Must have a minimum area of 10m² (ten square meters);

- Must have basic equipment necessary for receiving victims, including desks, chairs, filing cabinets, computers, telephones;

- Must display a notice board with internal rules and scope of victim support services.

b) Victims' living rooms:

- Living room area must ensure an average of 5m² (five square meters) per person and not more than four people in one room. Living rooms must be built securely, well-lit, with windows, and doors must have locks;

- Must have basic equipment to serve daily life needs of victims during their stay at the center such as beds, wardrobes, personal items.

c) Support centers for victims must have a kitchen, dining hall, toilet, bathroom, and other auxiliary facilities; must ensure security and safety for victims; must comply with fire prevention and firefighting regulations.

For support centers for victims with a capacity of 25 (twenty-five) people or more, there must be separate zones for women, children, housing, kitchens, bathrooms, staff working areas, common living areas, water supply and drainage systems, medical equipment, and a minimum stock of medicines for first aid and emergency care when needed.

2. Personnel conditions:

In addition to meeting the conditions specified in point d, Clause 1, Article 4 of Decree No. 09/2013/NĐ-CP, support centers for victims must also meet the following conditions:

a) Must have at least one full-time employee. If the support center for victims uses part-time employees, they must register specific working hours to ensure security and safety for the center and victims;

b) Employees directly involved in victim support work must meet the professional standards of social worker level or higher as stipulated in Circular No. 34/2010/TT-LĐTBXH dated November 8, 2010 issued by the Ministry of Labor, Invalids and Social Affairs, and must have been trained in victim support work;

c) For medical personnel (if any), they must have a minimum education level of a mid-level healthcare professional; security personnel must have a security guard certificate as prescribed by law.

ARTICLE 4. APPLICATION DOCUMENTS FOR REQUESTING A LICENSE TO ESTABLISH A SUPPORT CENTER FOR VICTIMS AS PROVIDED FOR IN ARTICLE 7 OF DECREE NO. 09/2013/NĐ-CP

1. Application form for requesting a license to establish a support center for victims according to the model prescribed in Appendix 1 attached to this Circular.

2. Project for establishing a support center for victims according to the model prescribed in Appendix 2 attached to this Circular.

3. Curriculum vitae of the proposed director of the support center for victims, confirmed by the People's Committee of the commune where he/she resides or the organization establishing the center according to the model prescribed in Appendix 3 attached to this Circular; list of proposed staff members working at the support center for victims according to the model prescribed in Appendix 4 attached to this Circular.

4. Relevant documents and papers:

a) Legal documents regarding land use rights, ownership of houses or immovable property serving the operation of the support center for victims;

b) Written opinion of the People's Committee of the commune where the victim support facility is intended to be located, clearly stating whether they agree or disagree with the establishment of the victim support facility's headquarters.

Certificates and diplomas proving the professional qualifications of the staff expected to work at the victim support facility.

Article 5. Application dossier for extending the license to establish a victim support facility as stipulated in Clause 2 of Article 13 of Decree No. 09/2013/NĐ-CP.

The application dossier for extension includes:

a) An application form for extending the License to Establish a Victim Support Facility according to the model prescribed in Appendix 1 issued together with this Circular;

b) A report on the victim support activities of the facility up to the time of applying for extension and the future operational plan of the facility according to the model prescribed in Appendix 5 issued together with this Circular;

c) The original License to Establish that has been issued.

Article 6. Receiving applications, examining, issuing, reissuing, amending, supplementing, and extending licenses to establish victim support facilities

1. Receiving applications for issuing, reissuing, amending, supplementing, and extending licenses to establish victim support facilities:

a) The Department of Labor, Invalids, and Social Affairs of the province or centrally governed city (where the victim support facility is intended to be located) shall receive the application dossier for issuing, reissuing, amending, supplementing, and extending the license to establish a victim support facility;

b) Upon receiving the dossier, the Department of Labor, Invalids, and Social Affairs must issue a receipt for the application dossier to the organization or individual requesting the license according to the model prescribed in Appendix 6 issued together with this Circular.

2. Organizing the examination for issuing, reissuing, amending, supplementing, and extending licenses to establish victim support facilities in accordance with Articles 8, Clause 5 of Article 11, Clause 5 of Article 12, and Clause 5 of Article 13 of Decree No. 09/2013/NĐ-CP:

a) The Director of the Department of Labor, Invalids, and Social Affairs shall establish a working group to organize the examination for issuing, reissuing, amending, supplementing, and extending the license to establish a victim support facility in accordance with Articles 8, Clause 5 of Article 11, Clause 5 of Article 12, and Clause 5 of Article 13 of Decree No. 09/2013/NĐ-CP;

b) Members of the examination team: The leader of the Department of Labor, Invalids, and Social Affairs serves as the Team Leader; the leader of the Anti-Social Evils Agency or the Social Evils Prevention Department under the Department of Labor, Invalids, and Social Affairs serves as the Deputy Team Leader; an officer from the Anti-Social Evils Agency or the Social Evils Prevention Department serves as the secretary; other members include representatives from the Social Welfare Protection Agencies under the Department of Labor, Invalids, and Social Affairs, provincial police agencies, the Anti-Social Evils Agency, and the Department of Labor, Invalids, and Social Affairs.

3. The examination period shall be carried out in accordance with Articles 8, Article 11, Article 12, and Article 13 of Decree No. 09/2013/NĐ-CP.

4. The examination record according to the model prescribed in Appendix 7; Decision to Issue (Reissue) the License to Establish according to the model prescribed in Appendix 8; Decision to Amend (Supplement, Extend) the License to Establish according to the model prescribed in Appendix 9 issued together with this Circular.

Article 7. Inspection, supervision, and handling of activities of victim support facilities as stipulated in Article 17 of Decree No. 09/2013/NĐ-CP.

1. Every six months or at any time deemed necessary, the Department of Labor, Invalids, and Social Affairs must organize inspection teams to examine the activities of victim support facilities, promptly identify and handle violations of laws by such facilities, or propose competent authorities to handle according to the law.

2. For violations specified in Clause 1 and Clause 2 of Article 17 of Decree No. 09/2013/NĐ-CP, the inspection team must prepare an inspection report according to the model prescribed in Appendix 13 attached hereto. Based on the level of violation, the Director of the Department of Labor, Invalids, and Social Affairs shall propose the Chairman of the Provincial People's Committee to decide on temporarily suspending operations or revoking the establishment permit according to regulations.

The model for the decision on temporarily suspending operations is prescribed in Appendix 14; the model for the decision on revoking the establishment permit is prescribed in Appendix 15 attached hereto.

Article 8. Documents and procedures for requesting termination of activities of victim support facilities as stipulated in Clause 2 of Article 18 of Decree No. 09/2013/NĐ-CP.

1. The documents for requesting termination of activities of victim support facilities include:

a) A request for termination of activities of victim support facilities according to the model prescribed in Appendix 10 attached hereto;

b) A plan for resolving issues concerning victims, employees, and other parties with rights, obligations, and interests related to the cessation of operations of the victim support facility according to the model prescribed in Appendix 11, and the decision on terminating the operation of the victim support facility prescribed in Appendix 12 attached hereto.

2. Procedures for handling the termination of activities of victim support facilities:

a) Within five working days from the date of receipt of the request for termination of activities, the Director of the Department of Labor, Invalids, and Social Affairs shall review the resolution plan concerning victims, employees, and other related parties of the victim support facility and must submit a written proposal to the Chairman of the Provincial People's Committee to decide on the termination of the operation of the victim support facility.

b) Within five working days from the date of receipt of the written proposal from the Director of the Department of Labor, Invalids, and Social Affairs, the Chairman of the Provincial People's Committee shall decide on the termination of the operation of the victim support facility.

c) In case of disputes between the victim support facility and related parties, the Director of the Department of Labor, Invalids, and Social Affairs shall notify the victim support facility and transfer the documents to the competent authority for resolution according to the law.

Article 9Functions and tasks of victim support facilities

1. Receiving and arranging accommodation for victims.

2. Implementing support for essential needs, medical care, and psychological support appropriate to the age, gender, wishes of victims, and the capacity of the facility.

3. Educating life skills and vocational guidance for victims.

4. Evaluating the ability of victims to integrate into the community, providing information about policies, benefits, and services supporting victims in the community.

5. Providing necessary information to competent agencies to combat prohibited acts as stipulated in Article 3 of the Law on Prevention and Combating Trafficking in Persons.

6. Cooperating with relevant agencies to return victims to their place of residence.

7. Cooperating with the Public Security agency in verifying victims.

Article 10. Organizational structure of victim support facilities

1. The organizational structure of victim support facilities includes one Director, one to two Deputy Directors, and business units, including:

a) Reception, administrative, and security unit;

b) Management and counseling unit;

c) Community integration support unit.

2. Based on the scale of the victim support facility, the Director decides to establish specialized units to carry out victim support tasks. Specific tasks of the business units are decided by the Director.

Article 11. Support services for victims at social welfare facilities, victim support facilities

Social welfare facilities, victim support facilities shall be responsible for organizing and implementing the following services to support victims:

1. Receiving, supporting essential needs and protecting victims:

a) Receiving victims transferred by competent authorities, arranging appropriate accommodation based on gender and age; providing victims with necessary clothing and personal living items during their stay at the facility;

b) Supporting competent authorities in collecting information related to human trafficking crimes and protecting the legitimate rights of victims during the legal process. In cases where the victim is a child or a minor, procedures for appointing a guardian or requesting an organization to assume guardianship must be carried out according to the law;

c) Implementing measures to ensure the safety of victims in accordance with the law.

2. Medical support, psychological counseling, legal assistance:

a) Organizing medical examinations and treatments for common illnesses of victims; in cases exceeding the medical expertise capacity of the facility, transferring victims to suitable healthcare facilities;

b) Arranging staff with relevant expertise to organize counseling and consultation to help victims stabilize their mental state, and implementing crisis intervention measures when necessary;

c) Contacting and introducing victims to Legal Aid Centers to assist victims in protecting their legitimate rights and interests.

3. Cultural education support, vocational training, and community integration support planning:

a) Providing advice on cultural education, vocational training, and career guidance for victims who have such needs; contacting and introducing victims to appropriate educational institutions and free vocational training programs provided by organizations and individuals in the locality;

b) Evaluating the victim's ability to integrate into the community; providing victims with information about policies and support services available in the community; coordinating with local police, labor, war invalids, and social affairs agencies, and village people's committees to contact the victim's family or relatives before returning them home;

c) For child victims, within twenty (20) days prior to the end of their stay period, the Director of the social welfare facility or victim support facility has the responsibility to notify the family (father, mother, or guardian) to pick up the child at their place of residence or arrange staff to hand over the child to the family. For orphaned children or those without a place to live, procedures for transferring support benefits according to regulations for social welfare beneficiaries will be processed.

Chapter III

PROCEDURE FOR SUPPORTING VICTIMS AND QUALITY STANDARDS FOR SUPPORT SERVICES FOR VICTIMS
QUALITY STANDARDS FOR SUPPORT SERVICES FOR VICTIMS

Section 1

PROCEDURE FOR SUPPORTING VICTIMS AND APPLICATION PROCEDURES FOR COMMUNITY SUPPORT ASSISTANCE
COMMUNITY SUPPORT ASSISTANCE PROCEDURES FOR VICTIMS

Article 12. Procedure for supporting victims to integrate into the community

1. The procedure for supporting victims includes all steps and support services implemented by agencies, organizations, and individuals in accordance with the law to help victims stabilize psychologically, physically, and socially to integrate into the community and society.

2. Steps in the procedure for supporting victims:

a) Initial reception and support for victims;

b) Recovery support and preparation of conditions for victims to integrate into the community;

c) Community integration support.

3. Based on the steps of the victim support procedure stipulated in Clause 2 of this Article, social workers advise and develop a plan to support the community integration of victims of trafficking. The selection of support services must be appropriate and respect the victim's right to self-determination and choice.

Article 13. Reception and initial support for victims

1. People's Committees of communes, Labor, War Invalids, and Social Affairs Departments of districts, social welfare facilities, victim support facilities, Vietnamese representative offices abroad, rescue and reception agencies under Border Guard Forces, Police, and Coast Guard are responsible for organizing the reception and implementation of initial support services for victims.

2. When receiving victims, the agencies specified in Clause 1 of this Article must immediately provide support for essential needs such as food, clothing, and accommodation; inform victims about support policies and procedures for returning them to their place of residence; advise victims on the type of transportation they will use, the distance, and travel time; notify the family or relatives before returning the victim home.

3. If the victim requires additional support or lacks sufficient information to return to their place of residence, the receiving agency must process procedures to transfer the victim to social welfare facilities or victim support facilities for appropriate support measures.

Article 14. Recovery support and preparation of conditions for victims to integrate into the community

1. Recovery support and preparation of conditions for victims to integrate into the community take place at social welfare facilities and victim support facilities. These facilities provide services to help victims stabilize psychologically and improve life skills before reintegrating into the community. The maximum stay period at social welfare facilities is sixty (60) days; the stay period at victim support facilities depends on the service provision capacity of the facility.

2. Services required during this phase include: medical care support, legal assistance for victims; vocational training, employment, and national support policy counseling; contacting and introducing victims to suitable vocational training centers; psychological counseling, and preparing other necessary conditions for victims to integrate into the community.

Article 15. Community integration support

1. Community integration is the phase of reintegrating the victim back into the community after they have received recovery support and necessary conditions have been prepared, gradually re-establishing normal relationships with family and society. The duration of integration depends on the circumstances and capabilities of each victim.

2. Social welfare facilities, victim support facilities, and People's Committees at the commune level are responsible for organizing activities and services to support victims in returning to their families and integrating into the community.

3. Support activities and services include: assessing the ability to integrate into the community, planning support for victims (including financial resources and support staff); implementing the support plan; monitoring, evaluating support activities, and adjusting the plan if necessary.

Article 16. Documentation and procedures for resolving funding support for cultural education, vocational training, initial hardship allowances for victims, and connecting community support services

1. The application for support for cultural education, vocational training, and initial hardship allowances for victims as stipulated in point a, Clause 3, Article 23 of Decree No. 09/2013/NĐ-CP includes:

a) A request for support from the victim or the victim's family, confirmed by the People's Committee at the commune level according to the form prescribed in Appendix 16 attached to this Circular;

b) One of the following types of confirmation papers:

- Confirmation of victim status issued by the public security agency at the district, town, city, or provincial level according to Clause 4, Article 24 of the Law on Prevention and Control of Trafficking in Persons;

- Confirmation of victim status issued by the rescue agency according to Article 25 of the Law on Prevention and Control of Trafficking in Persons;

- Confirmation of victim status issued by the investigation agency, agencies assigned to conduct certain investigative activities, the People's Procuracy, or the People's Court;

- Documents and materials issued by foreign authorities that have been apostilled by Vietnamese diplomatic missions abroad or the Ministry of Foreign Affairs of Vietnam confirming the person's status as a victim.

2. Procedures for resolving funding support for cultural education, vocational training, and initial hardship allowances for victims are implemented according to point b, Clause 3, Article 23 of Decree No. 09/2013/NĐ-CP.

3. Implementation and connection of support services for victims in the community:

a) During the support process, based on the service provision capacity and the victim's wishes, the person directly responsible for supporting victims from relevant agencies or the head of the victim support department at social welfare or victim support facilities shall propose to the unit leader to transfer the victim to another suitable service provider;

b) In accordance with their assigned functions and responsibilities, organizations and individuals responsible for supporting victims must organize the reception of victims upon transfer and provide support in accordance with the law.

If refusing to accept, a written response must be provided, clearly stating the reasons for refusal so that the transferring unit is informed.

Section 2

STANDARDS FOR EVALUATING THE QUALITY OF SUPPORT SERVICES FOR VICTIMS

Article 17. Quality assessment standards for victim support services

The quality assessment standards for victim support services stipulated in this Circular include:

1. Quality service standards in receiving, interviewing, and identifying victims as prescribed in Article 19 of this Circular;

2. Quality service standards for recovery and community reintegration support as prescribed in Article 20 of this Circular.

Article 18. Responsibilities for ensuring and supervising the quality of victim support services

1. Organizations and individuals implementing activities and services to support victims shall be responsible for ensuring the quality of victim support services.

2. Departments of Labor, Invalids, and Social Affairs of provinces and centrally governed cities shall be responsible for inspecting, supervising, organizing the evaluation of the quality of victim support services according to the standards prescribed in Articles 19 and 20 of this Circular; promptly accepting and handling any feedback or suggestions regarding the quality of victim support services.

3. Encouraging organizations and individuals to participate in supervising and evaluating the quality of victim support services; supporting and collaborating with organizations and individuals implementing activities and services to support victims and state management agencies on victim support in assessing and managing the quality of victim support services.

4. Victim support facilities and social welfare institutions, in addition to ensuring the quality of victim support services according to the standards prescribed in Articles 19 and 20 of this Circular, must also ensure the standards for care at social welfare institutions as prescribed in Circular No. 04/2011/TT-BLDTBXH dated February 25, 2011 of the Ministry of Labor, Invalids, and Social Affairs.

Article 19. Quality standards for services in receiving, interviewing, and identifying victims

Receiving, rescue, and support agencies when receiving, interviewing, and identifying victims must ensure:

1. Compliance with legal regulations on procedures and formalities for receiving and supporting victims.

2. Arranging safe and friendly spaces; arranging appropriate staff for receiving based on gender and age; not discriminating based on nationality, ethnicity, religion, social status, physical condition, or gender.

3. Staff receiving must inform victims about the location, rules, and regulations of the receiving place, ensuring that victims are provided with necessary information.

4. Victims whose age cannot be determined but who may be children must be treated as children. Interviews and identification of victims must comply with the principle of protecting the best interests of children.

Article 20. Quality standards for recovery and community reintegration support services

1. Standards to ensure that victims are provided with full information about support services:

a) Victims or their lawful representatives are facilitated to access organizations and individuals to request information related to support services.

b) Victims' right to choose support services is guaranteed.

c) Organizations and individuals providing services must proactively meet with victims or their relatives to collect relevant information and documents for support services when necessary.

d) Victims are provided with all relevant information about support services during implementation, except for information and documents that are not permitted to be disclosed.

2. Quality standards for psychological counseling services:

a) Psychological support must be immediately implemented upon receiving victims and must be conducted by staff with expertise, trained, and instructed in psychological counseling.

b) Counseling staff must establish positive cooperative relationships with victims; ensure a stable, comfortable, and focused mental state when providing psychological counseling to victims; build trust with victims; immediately implement crisis intervention measures for victims if necessary.

3. Quality standards for developing and implementing community reintegration support plans for victims:

a) Community reintegration support plans must be developed based on an assessment of victims' capabilities, wishes, strengths, and accessible resources for support.

b) Support activities and services must focus on victims' needs and must be regularly updated, reviewed, and assessed for practical changes.

c) Victims must actively participate in planning community reintegration support for themselves.

d) Support plans must be specific regarding objectives, support content, support resources, resolution processes, implementing organizations and individuals, and implementation schedules.

Chapter IV
IMPLEMENTATION AND EFFECTIVE DATE

Article 21. Implementation

1. The Director of the Department of Social Evils Prevention and Control shall assist the Minister of Labor, Invalids, and Social Affairs in directing, guiding, inspecting, and urging the implementation of this Circular.

2. Chairpersons of People's Committees of provinces and centrally governed cities shall direct Departments of Labor, Invalids, and Social Affairs and relevant departments to implement this Circular.

Article 22. Transitional Provisions

Victim support facilities established before the effective date of this Circular are allowed to continue operations. By August 15, 2014, these facilities must complete the licensing procedures for establishment and operation according to Decree No. 09/2013/NĐ-CP and this Circular.

Article 23. Effective Date

1. This Circular shall take effect from February 15, 2014.

2. The Circular No. 05/2009/TT-BLDTBXH dated February 17, 2009 of the Ministry of Labor, War Invalids and Social Affairs guiding the organization and operation of victim support facilities pursuant to Decision No. 17/2007/QĐ-TTg dated January 29, 2007 of the Prime Minister is hereby abolished.

During implementation, if there are difficulties or obstacles, units and localities are requested to promptly report them to the Ministry of Labor, War Invalids and Social Affairs for consideration and resolution./.