Joint Circular No. 68/2007/TTLT-BTC-BLDTBXH guiding the management of funds for implementing Decision No. 65/2005/QD-TTg dated March 25, 2005 of the Prime Minister approving the Project "Caring for Orphan Children without Guardianship, Abandoned Children, Severely Disabled Children, Victims of Agent Orange and Children Infected with HIV/AIDS based on Community from 2005 to 2010"

JOINT CIRCULAR

GUIDELINES FOR THE MANAGEMENT OF FUNDS TO IMPLEMENT DECISION NO. 65/2005/QD-TTg OF MARCH 25, 2005 OF THE GOVERNMENT ON THE APPROVAL OF THE PROJECT "CARE FOR ORPHANS WITHOUT GUARDIANS, ABANDONED CHILDREN, SEVERELY DISABLED CHILDREN, CHILDREN WHO ARE VICTIMS OF CHEMICAL WEAPONS AND CHILDREN INFECTED WITH HIV/AIDS BASED ON COMMUNITY SUPPORT FROM 2005 TO 2010"

Pursuant to Decision No. 65/2005/QD-TTg of March 25, 2005 of the Government on the approval of the project "Care for orphans without guardians, abandoned children, severely disabled children, children who are victims of chemical weapons and children infected with HIV/AIDS based on community support from 2005 to 2010" (hereinafter referred to as the Project "Care for Children in Particularly Difficult Circumstances Based on Community Support from 2005 to 2010");

The Ministry of Finance and the Ministry of Labour, Invalids and Social Affairs hereby provide guidelines for managing funds to implement the Project as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

1. The beneficiaries of the Project are children under sixteen years old, including:

a) Orphans without guardians and abandoned children: as defined in Clause 1, Article 4 of Decree No. 67/2007/NĐ-CP dated April 13, 2007 of the Government on social assistance policies for social welfare recipients and other current guiding documents implementing the Decree.

b) Severely disabled children with impairments of one or more body parts or functions manifesting in various forms of disabilities that reduce their ability to function, making daily life, study, and work difficult.

c) Children who are victims of chemical weapons suffering deformities and disabilities due to the effects of chemical weapons.

d) Children infected with HIV/AIDS confirmed by competent health authorities to be infected with HIV/AIDS.

II. CONTENT AND EXPENSE LEVELS FOR ACTIVITIES UNDER THE PROJECT

1. Public awareness activities aimed at raising public awareness and responsibility:

- Expenses for publicizing through mass media (radio, television, press); producing, duplicating, and distributing various types of communication products for localities according to the content approved by the competent authority: Implemented through contracts between the publicity agency and the mass media. The expense level is calculated based on the actual products produced and is consistent with market prices.

- Expenses for organizing contests on publicizing assistance for children in particularly difficult circumstances approved by the competent authority.

- Prizes for writing contests on assisting children in particularly difficult circumstances decided by the Ministry of Labour, Invalids and Social Affairs or the People's Committee of provinces and centrally-administered cities. Prize levels: Category A: 300,000 VND per article; Category B: 200,000 VND per article; Category C: 100,000 VND per article.

2. Supporting children in particularly difficult circumstances to learn trades and find employment:

a) Trade training support: Children aged thirteen and above who are eligible for this project, in good health, and have a desire to learn a trade are introduced by labour, invalids, and social affairs agencies to vocational training centers for short-term training and are supported financially once. The duration of support is based on the actual training period of each trade but does not exceed nine months in total, with a minimum level of support as follows:

- Supporting vocational training centers with children from the target group: 300,000 VND per child per month.

- Supporting food, accommodation, and transportation expenses for children: 240,000 VND per child per month.

b) One-time support for those who secure employment after completing a trade course in accordance with labor laws: the minimum level is 1,000,000 VND per child.

The specific level of support for trade training and securing employment is determined by the Chairman of the Provincial People's Committee upon the proposal of the Director of the Department of Labour, Invalids, and Social Affairs but must not be lower than the minimum level.

3. Pilot program to transfer children currently being cared for in state social welfare institutions back to the community through foster families or individuals adopting them as foster children or legal adoptive parents and caring for them at home:

a) Support for families or individuals fostering children:

- Children transferred from social welfare institutions to their families or communities through foster families or individuals will receive monthly allowances and other forms of assistance as stipulated in Decree No. 67/2007/NĐ-CP dated April 13, 2007 of the Government on social assistance policies for social welfare recipients.

- One-time support for families or individuals fostering children to purchase personal items for the children up to a maximum of 500,000 VND per child.

b) Support for social welfare institutions:

One-time support for social welfare institutions implementing the pilot program to transfer children back to the community up to a maximum of 500,000 VND per child for travel expenses to mobilize families or individuals to foster, guide care methods, maintain communication, and purchase gifts for the children.

4. Building pilot models of Community Care Houses for children in particularly difficult circumstances at the commune level:

Depending on specific requirements, conditions, and local budget capacity, the Chairman of the District People's Committee approves pilot projects for the "Community Care House" model (in cases where the central budget provides financial support, opinions of the provincial People's Committee and the Ministry of Labour, Invalids, and Social Affairs are required); expanding the model in accordance with local conditions as specified in the Project. The expenditure items for building "Community Care Houses" include:

a) Expenditure for constructing and repairing Community Care Houses:

- The central budget supports a maximum of 300,000,000 VND per Community Care House in the form of targeted supplementary funding to the local budget based on the proposal of the Ministry of Labour, Invalids, and Social Affairs selecting locations for piloting the construction of Community Care Houses. The establishment, allocation, budgeting, and settlement of these funds are carried out in accordance with Circular No. 86/2006/TT-BTC dated September 18, 2006 of the Ministry of Finance on managing central budget supplementary funding for local budgets. The support includes:

+ Construction and repair of Community Care Houses: 260 million VND.

+ Purchase of beds, wardrobes, televisions, and essential personal living items for children: 40 million VND.

- The local budget supports the remaining amount according to the decision approving the pilot project for the "Community Care House" model by the District People's Committee.

b) Sources of funding for the maintenance of children in "Social Houses" include:

- Raising funds from organizations, enterprises, and individuals both within and outside the country;

- Monthly support from local budgets in accordance with the provisions of Government Decree No. 67/2007/NĐ-CP dated April 13, 2007 on assistance policies for social welfare beneficiaries.

c) Children in Social Houses enjoy educational and healthcare benefits in accordance with current state regulations, similar to those provided to children raised in other social welfare facilities.

d) Support costs for personnel directly caring for children in "Social Houses" are funded from local budgets, community contributions, and other lawful sources. The expenditure levels are determined by the People's Committee of the province.

5. Pilot implementation of converting care methods for children in difficult circumstances in state-run social welfare facilities to a "small family model" at centralized social welfare facilities:

a) The Ministry of Labor, Invalids, and Social Affairs approves pilot projects for the "small family model" for social welfare facilities under its jurisdiction; provincial People's Committees approve pilot projects for the "small family model" for social welfare facilities managed by local authorities.

b) For local pilot models:

- The central budget provides maximum support of 500,000,000 VND per pilot project in the form of targeted supplementary funding to local budgets based on the proposal of the Ministry of Labor, Invalids, and Social Affairs selecting localities to implement pilot projects for building the "small family model." The support includes:

+ Construction, repair, and upgrading of housing at social welfare facilities according to the design of the "small family model": 400 million VND.

+ Costs for purchasing beds, wardrobes, televisions, and necessary personal living items for the "small family model": 100 million VND.

- Local budgets fund the remaining activities according to the Decision approving the pilot project for the "small family model" by the provincial People's Committee.

c) For pilot models of the Ministry of Labor, Invalids, and Social Affairs:

- The state budget allocates funds for implementing the pilot project within the regular budget for social security of the Ministry of Labor, Invalids, and Social Affairs, as approved by the Ministry of Labor, Invalids, and Social Affairs.

6. Assistance for severely disabled children in orthopedic correction and functional recovery: children with motor disabilities are supported for orthopedic correction and functional recovery in accordance with Circular Joint No. 46/2007/TTLT/BTC-BLDTBXH dated May 11, 2007 of the Ministry of Finance and the Ministry of Labor, Invalids, and Social Affairs guiding the use of funds to implement Decision No. 239/2006/QĐ-TTg dated October 24, 2006 of the Prime Minister approving the Program to assist the disabled during the period 2006-2010.

7. Expenditure for training staff working on caring for children in difficult circumstances; guidance on developing plans and implementing projects; inspection, summary, and evaluation of the implementation of project activities: The content and expenditure levels are carried out in accordance with current regulations.

8. Expenditure for investigation, survey, statistics, and classification of children in difficult circumstances:

- The content and expenditure levels for investigations and surveys are carried out in accordance with current regulations on managing funds for surveys conducted from state budget resources.

- Expenditure for activities related to data collection, processing, software development for managing subjects, and providing information and data on children in difficult circumstances: The content and expenditure levels are carried out in accordance with current regulations on creating electronic information under information technology.

9. Expenditure for research to improve mechanisms and policies for caring for children in difficult circumstances in communities and at social welfare facilities; drafting normative legal documents on caring for children in difficult circumstances. The content and expenditure levels are carried out in accordance with current regulations on managing and using state budget funds to ensure work on drafting normative legal documents.

III. PROCEDURES AND DOCUMENTS FOR RESOLUTION OF SUPPORT

1. To be eligible for support as stipulated in this Circular, families with children, guardians, or the children themselves in difficult circumstances must submit a request to the People's Committee of the commune for consideration, which will then forward it to the Department of Civil Affairs - Labor, Invalids, and Social Affairs for resolution; in cases where children live in social welfare facilities, the request should be forwarded to the Director of the social welfare facility for consideration and resolution (the application form is attached as Appendix 01).

2. Based on the request from the family or the child, the People's Committee of the commune provides comments for the Department of Civil Affairs - Labor, Invalids, and Social Affairs or the Director of the social welfare facility to consider and resolve in accordance with this Circular and current regulations guiding the implementation of Government Decree No. 67/2007/NĐ-CP dated April 13, 2007 on assistance policies for social welfare beneficiaries.

IV. SOURCES OF FUNDS FOR IMPLEMENTATION

1. Funds for implementing the Project as stipulated in this Circular are allocated in the annual state budget estimate according to the current state budget allocation hierarchy and raised from organizations and individuals both within and outside the country in accordance with the law.

Local People's Committees are responsible for integrating central budget supplementary funding with targeted objectives for local budgets to implement Decision No. 19/2004/QĐ-TTg dated February 12, 2004 of the Prime Minister on approving the Program to prevent and address the issue of vagrant children, sexually abused children, and children engaged in heavy labor in hazardous conditions during the period 2004-2010; vocational training funds for the disabled according to Circular No. 19/2005/TTLT/BLDTBXH-BTC-BKHĐT dated May 19, 2005 of the Joint Ministries of Labor, Invalids, and Social Affairs, Finance, and Planning and Investment guiding the implementation of Government Decree No. 81/CP dated November 23, 1995 and Decree No. 116/2004/NĐ-CP dated April 23, 2004 amending and supplementing certain articles of Government Decree No. 81/CP on detailed regulations and guidance on certain provisions of the Labor Code concerning disabled workers, using local resources to implement the Project.

The preparation of the budget estimate, allocation, implementation, and settlement of funds for the Project shall be carried out in accordance with the provisions of the State Budget Law, the Accounting Law, and other guiding documents implementing these laws..

2. Funds for piloting the social house and small family model of localities:

- In 2007, the Ministry of Labor, Invalids, and Social Affairs will allocate within the assigned budget to implement the Project; manage and settle accounts for the pilot funds for the social house and small family model according to current regulations.

- From 2008 onwards, the pilot funds for the social house and small family model will be implemented through the central government's supplementary budget with specific targets for the local government budget.

V. IMPLEMENTATION

1. As for social assistance policies, medical aid, and education combined with community mobilization to support and care for children in particularly difficult circumstances, they shall continue to be implemented in accordance with the current regulations of the State.

2. The Department of Labor, Invalids, and Social Affairs shall take the lead and be responsible for coordinating with relevant agencies to assist the People's Committee of provinces and centrally-administered cities in organizing and implementing annual activity plans at the local level, and coordinating the activities of the Project in accordance with the approved content of the Project.

3. The Department of Finance shall be responsible for allocating funds for the Project according to the Decision approving the Project by the local People's Committee; coordinate with the Department of Labor, Invalids, and Social Affairs and relevant agencies to inspect and supervise the use of Project funds at the local level in accordance with their assigned functions and tasks.

VI ||| IMPLEMENTATION PROVISIONS

1. This Circular shall take effect fifteen days from the date of publication in the Official Gazette, replacing Joint Circular No. 08/2006/TTLT-BTC-BLDTBXH dated January 23, 2006, guiding the funds for implementing Decision No. 65/2005/QĐ-TTg dated March 25, 2005 of the Prime Minister approving the Project "Community-based Care for Orphans Without Guardians, Abandoned Children, Severely Disabled Children, Victims of Agent Orange, and Children Infected with HIV/AIDS for the Period 2005-2010".

2. Any difficulties encountered during implementation should be promptly reported to the Ministry of Finance and the Ministry of Labor, Invalids, and Social Affairs for study and resolution./.