Circular No. 55/2015/TT-BLDTBXH guiding the reception, management, and education of juveniles without stable residence who are subject to educational measures at commune, ward, town levels at child assistance facilities.

CIRCULAR

Guidelines on receiving, managing, and educating minors without stable residence who are subject to educational measures

at commune, ward, town facilities

at commune-level units at child assistance facilities

______________________

Based on the Administrative Violation Handling Law dated June 20, 2012;

Pursuant to the Law on Protection, Care, and Education of Children dated June 15, 2004;

Pursuant to the Law on Persons with Disabilities No. 51/2010/QH12 dated June 17, 2010;

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

Pursuant to Decree No. 111/2013/NĐ-CP dated September 30, 2013 of the Government detailing the regime of applying administrative measures for education at commune, ward, and town levels;

Pursuant to Decree No. 68/2008/NĐ-CP dated May 30, 2008 of the Government stipulating conditions, procedures for establishment, organization, operation, and dissolution of social welfare institutions, and Decree No. 81/2012/NĐ-CP amending and supplementing certain articles of Decree No. 68/2008/NĐ-CP dated May 30, 2008 of the Government stipulating conditions, procedures for establishment, organization, operation, and dissolution of social welfare institutions, and Decree No. 109/2002/NĐ-CP dated December 27, 2002 of the Government amending and supplementing certain articles of Decree No. 195/CP dated December 31, 1994 of the Government detailing and guiding implementation of certain provisions of the Labor Code regarding working hours and rest time;

Article 1. Scope of Application

Implementing Decision No. 524/QĐ-TTg dated April 20, 2015 of the Prime Minister approving the Project to consolidate and develop the network of social assistance facilities for the period 2016-2025;

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

The Minister of Labor, Invalids, and Social Affairs issues this Circular guiding the reception, management, and education of minors without stable residence who are subject to educational measures at commune, ward, town facilities.

Article 1. Scope of Regulation

Article 1. This Circular guides the reception, management, and education of minors without stable residence who are subject to educational measures at commune, ward, town facilities (hereinafter referred to as the subjects) at child assistance facilities.

Article 2. Child assistance facilities as prescribed in this Circular include: Comprehensive social welfare institutions, social welfare institutions caring for children in special circumstances, social welfare institutions caring for persons with disabilities, social work centers (hereinafter collectively referred to as the facilities).

Article 3. Subjects eligible for admission to the facilities

Clause 1. Minors without stable residence who are subject to educational measures at commune, ward, town facilities according to Article 90 of the Law on Handling Administrative Violations 2012 and detailed in Clause 2, Article 4 of Decree No. 111/2013/NĐ-CP dated September 30, 2013 of the Government stipulating the system of administrative handling measures for education at commune, ward, town facilities shall be admitted to the facility under one of the following circumstances:

Point a. During the period of preparing the file for examination and decision on applying educational measures at commune, ward, town facilities;

Point b. Having a decision not to apply educational measures at commune, ward, town facilities by the Chairman of the People's Committee at the commune level with authority or having completed the educational measure at commune, ward, town facilities and wishing to remain at the facility.

Clause 2. Minors without stable residence as stipulated in Clause 1 of this Article are cases where the place of permanent registration or temporary registration cannot be determined, or there is a place of permanent registration or temporary registration but they do not reside there and frequently wander around without a fixed abode.

Article 3. Tasks of the facility

1. Receiving, managing, educating, and assisting the subjects as prescribed in Article 2 of this Circular.

2. Appointing representatives to participate in advisory meetings to consider and decide on the application of educational measures at commune, ward, town level.

3. Assigning social workers or persons with experience in managing and educating juveniles to directly assist the subjects.

4. Creating conditions for the subjects to attend school, participate in local study programs or vocational training, and counseling and life skills development programs suitable for them.

5. Cooperating with social work centers and relevant agencies and units to verify the address and relatives of the subjects to assist them in integrating into the community.

6. Cooperating with related agencies and organizations in the community in managing, educating, and assisting the subjects.

7. Organizing management of the subjects in accordance with the tasks of the facility.

Article 4. Tasks of the person assigned to directly assist the subject

The person assigned to directly assist the subject shall perform the following tasks:

1. Collecting information about the subject and their family.

2. Evaluating the psychological, physical characteristics, and assistance needs of the subject.

3. Building and submitting to the head of the facility for approval a plan for managing, educating, and assisting the subject, including:

a) Objectives for managing, educating, and assisting the subject;

b) Content of activities for managing, educating, and assisting the subject, including: Popularizing and educating laws regarding citizens' rights and obligations, legal provisions related to the subject's violation of laws; education on life skills and career guidance; supporting the subject to participate in appropriate study programs; counseling and psychological therapy; finding families or individuals to care for the subject (if applicable); supporting vocational training and employment; connecting individuals, families, communities, and organizations to assist the subject in integrating into the community;

c) Implementing the plan for managing, educating, and assisting the subject;

d) Monitoring, evaluating, and proposing adjustments or supplements to the plan (if necessary);

đ) Duration of implementation.

Article 5. Records for receiving and managing the subject

1. Records for receiving the subject into the facility, including:

a) A request document from the Chairman of the People's Committee at the commune level authorized to decide on the application of educational measures at commune, ward, town level;

b) Decision not to apply educational measures at commune, ward, town level or certificate confirming completion of the decision on educational measures at commune, ward, town level (if applicable);

c) Application form of the subject or guardian requesting the subject to be received into the facility as prescribed in Point b Clause 1 Article 2 of this Circular (Form No. 01 attached to this Circular);

d) Copy of the subject's identity card or other personal identification document (if available);

đ) Handover record of the subject between the People's Committee at the commune level and the facility;

e) Copy of medical records (if available);

g) Decision to receive the subject by the competent state agency (Form No. 02 attached to this Circular).

2. Records for managing the subject

The facility is responsible for establishing records for managing the subject. The records for managing the subject include:

a) Records for receiving the subject into the facility;

b) Plan for managing, educating, and assisting the subject;

c) Decision to return the subject to the family and community;

d) Other relevant documents concerning the subject.

Article 6. Authority to Accept and Remove Individuals from the Facility

1. The head of the direct management agency of the facility decides to accept individuals into the facility.

2. The head of the facility decides to remove individuals from the facility.

Article 7. Procedure and Formalities for Accepting Individuals into the Facility

1. Acceptance Procedure

a) The Chief of Police at the commune level establishes a file requesting the Chairman of the People's Committee at the commune level to consider and decide on applying educational measures at the commune, ward, town level for the individual;

b) The individual or guardian submits a request directly to the People's Committee at the commune level with authority to decide on applying educational measures at the commune, ward, town level for cases stipulated in Point b Clause 1 Article 2 of this Circular;

c) Upon receiving one file from the Chief of Police at the commune level and the request from the individual or guardian, within one working day, the Chairman of the People's Committee at the commune level shall issue a document requesting the Department of Labor, Invalids, and Social Affairs to carry out the formalities for accepting the individual into the facility;

d) Within one working day from receiving complete files, the Department of Labor, Invalids, and Social Affairs is responsible for reviewing the files, presenting to the Chairman of the People's Committee at the district level to decide on accepting the individual into the facility under its management or issuing a document requesting the Department of Labor, Invalids, and Social Affairs at the provincial level to decide on accepting the individual into the facility;

đ) Within one working day from receiving complete files, the Director of the Department of Labor, Invalids, and Social Affairs decides on accepting the individual into the facility under its management;

e) In case the individual is not accepted into the facility, the agency receiving the individual's file must respond in writing and specify the reasons;

g) The Chairman of the People's Committee at the commune level is responsible for organizing the transfer and handover of the individual to the facility.

2. Procedures for Receiving

a) The facility is responsible for immediately accepting individuals into the facility for management, education, assistance, and completion according to the following process:

Step 1. Establish a handover record with signatures of the facility and the People's Committee at the commune level with authority;

Step 2. Assess the extent of injury, recovery potential, and assistance needs of the beneficiary to develop an assistance plan.

Step 3. Ensure safety and treat physical or mental injuries of the individual promptly;

Step 4. Decide to accept the individual into the facility;

Step 5. Complete all procedures and files of the individual as prescribed.

b) All procedures and files must be completed according to the acceptance procedure stipulated in Clause 1 of this Article from the time of accepting the individual.

Article 8. Formalities for Removing Individuals from the Facility

1. Conditions for Removing Individuals from the Facility An individual may leave the facility if they meet one of the following conditions:

a) The guardian, blood relatives, or family/citizen(s) responsible for care and support submit a request;

b) The individual is 18 years old. For those aged 18 or older who are still studying general education levels, vocational training, specialized secondary, college, or university, they continue to be cared for and supported at the facility until graduation of their first degree but not exceeding 22 years old.

2. Procedure for Removing Individuals from the Facility

a) The guardian, family, or family/citizen(s) responsible for care and support submit a request to the Director of the facility clearly stating the intention to return the individual to the family/community;

b) The facility hands over the individual to the People's Committee at the commune level with authority to continue supporting the individual's integration into the community and stabilizing their life.

Article 9. Recording and storing records

1. Management records of subjects must be fully and accurately recorded with all information during the management process.

2. Management records of subjects shall be stored and kept confidential at the facility in accordance with the laws on record keeping. Sharing personal information of the subject must have the consent of the subject or their guardian and the Chairman of the People's Committee of the commune or the head of the facility.

Article 10. Responsibility for Implementation

1. The People's Committee of the province or centrally governed city shall be responsible for:

a) Reviewing and deciding on the list of facilities accepting juveniles without stable residence who are subject to educational measures at communes, wards, and towns;

b) Supporting facilities in upgrading, expanding physical infrastructure and purchasing equipment necessary for receiving, managing, educating, and assisting subjects;

c) Organizing training and enhancing the capacity of social work staff involved in assisting subjects;

d) Reporting periodically every six months and annually (before December 31) and at any time, to the Ministry of Labor, Invalids, and Social Affairs on the management of juveniles without stable residence who are subject to educational measures at communes, wards, and towns at the facilities.

2. The county People's Committee shall be responsible for:

a) Accepting subjects into facilities under its jurisdiction or proposing the Department of Labor, Invalids, and Social Affairs to decide on accepting subjects within its authority;

b) Reporting periodically every six months and annually and at any time, to the Provincial People's Committee on the management of juveniles without stable residence who are subject to educational measures at communes, wards, and towns.

3. The People's Committee of the commune shall be responsible for:

a) Directing the Head of the Police Station of the commune to take the lead, coordinating with the Cultural-Social Officer or the Labor-Invalids and Social Affairs Officer to prepare the file requesting the subject to be admitted to the facility;

b) Coordinating with the facility to develop and implement plans for managing, educating, and assisting subjects;

c) Organizing the admission and handover of subjects to the facility; coordinating with the facility to support subjects meeting the conditions to leave the facility and integrate into society, stabilize their lives;

d) Reporting periodically every six months and annually and at any time, to the County People's Committee on the management, education, and assistance of juveniles without stable residence who are subject to educational measures at communes, wards, and towns.

4. Child assistance facilities shall be responsible for:

a) Arranging and organizing physical infrastructure and staff teams to receive, manage, educate, and assist subjects;

b) Having plans to assist subjects in integrating into society and stabilizing their lives;

c) Reporting periodically every six months (before June 15) and annually (before December 15) and at any time, to the direct supervisory agency on the work of receiving, managing, educating, and assisting subjects at the facility.

Article 11. Effective Date

1. This Circular shall take effect from February 10, 2016.

2. During implementation, if any difficulties arise, they should be promptly reported to the Ministry of Labor, Invalids, and Social Affairs for consideration and guidance./.