Circular No. 84/2019/TT-BTC stipulates the contents and expenditure levels for victim support work and the support benefits for victims as prescribed in Decree No. 09/2013/NĐ-CP dated January 11, 2013, of the Government detailing the implementation of certain provisions of the Law on Prevention and Combating Trafficking in Persons.

CIRCULAR

Prescribing the contents and expenditure levels for victim support work and the contents and expenditure levels for victim support benefits stipulated in Decree No. 09/2013/NĐ-CP
dated January 11, 2013 of the Government detailing the implementation of certain provisions of the Law on Prevention and Combating Trafficking in Persons
Pursuant to the Law on Prevention and Combating Trafficking in Persons dated March 29, 2011;
Pursuant to Decree No. 09/2013/NĐ-CP dated January 11, 2013 of the Government detailing the implementation of certain provisions of the Law on Prevention and Combating Trafficking in Persons;

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Pursuant to Decree No. 136/2013/NĐ-CP dated October 21, 2013 of the Government stipulating social assistance policies for beneficiaries of social protection;

Pursuant to the State Budget Law dated June 25, 2015;

The Minister of Finance issues this Circular prescribing the contents and expenditure levels for victim support work and the contents and expenditure levels for victim support benefits stipulated in Decree No. 09/2013/NĐ-CP dated January 11, 2013 of the Government detailing the implementation of certain provisions of the Law on Prevention and Combating Trafficking in Persons.

Article 1. Scope of Application

Pursuant to Decree No. 163/2016/NĐ-CP dated December 21, 2016 of the Government detailing and guiding the implementation of the Law on State Budget;

Pursuant to Decree No. 87/2017/NĐ-CP dated July 26, 2017, issued by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

At the proposal of the Director of the Department of Administrative and Public Financial Affairs;

a) This Circular prescribes the contents and expenditure levels for victim support work and the contents and expenditure levels for victim support benefits stipulated in Decree No. 09/2013/NĐ-CP dated January 11, 2013 of the Government detailing the implementation of certain provisions of the Law on Prevention and Combating Trafficking in Persons (hereinafter referred to as Decree No. 09/2013/NĐ-CP) from the annual regular budget of state agencies and units in accordance with the State Budget Law and guiding documents implementing the Law.

Article 1. Scope and Applicability

b) In cases where funds from organizations and individuals within and outside Vietnam are used for victim support work and victim support benefits, such activities shall be carried out in accordance with the regulations of the Ministry of Finance and the donor; in cases where there is no agreement between the donor or their authorized representative and the Ministry of Finance regarding the expenditure level, the expenditure level prescribed in this Circular shall apply.

This Circular applies to state agencies, units, organizations, and individuals using state budget funds to perform tasks related to victim support and victim support benefits.

1. The state budget allocates funds for victim support work and victim support benefits in the annual regular budget of ministries, sectors, and localities according to the division of responsibilities under the State Budget Law.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

2. Local budgets provide support to non-public social welfare institutions and victim support institutions to meet essential needs and travel expenses, medical support, and psychological support for victims as stipulated in Articles 19, 20, and 21 of Decree No. 09/2013/NĐ-CP and the expenditure levels prescribed in this Circular based on the number of victims assisted by the supporting institution.

Article 2. Sources of Funds

3. Financial support from domestic and foreign organizations and individuals.

4. Other lawful sources as provided by law.

Article 3. Contents and Expenditure Levels for Victim Support Work

The contents and expenditure levels for victim support work shall be implemented in accordance with the current financial expenditure system applicable to state agencies and public service units. This Circular provides detailed guidance on the following contents and expenditure levels:

1. Travel expenses for staff involved in verification, reception, rescue, protection, and transportation of victims; organizing conferences, seminars, and training sessions; and inspecting victim support work. The contents and expenditure levels shall be implemented in accordance with Circular No. 40/2017/TT-BTC dated April 28, 2017 of the Ministry of Finance detailing travel expenses and conference expenditure systems.

2. International cooperation expenses in receiving and verifying victims. The contents and expenditure levels shall be implemented in accordance with Circular No. 102/2012/TT-BTC dated June 21, 2012 of the Ministry of Finance detailing travel expenses for civil servants and officials traveling abroad for short-term assignments funded by the state budget; Circular No. 71/2018/TT-BTC dated August 10, 2018 of the Ministry of Finance detailing foreign guest reception, international conference, and seminar expenditure systems, and domestic guest reception systems; Circular No. 219/2009/TT-BTC dated November 19, 2009 of the Ministry of Finance detailing certain cost standards applicable to projects/programs using official development assistance (ODA) funds; and Circular No. 192/2011/TT-BTC dated December 26, 2011 of the Ministry of Finance amending and supplementing certain provisions of Circular No. 219/2009/TT-BTC dated November 19, 2009 of the Ministry of Finance.

3. Overtime and night shift allowances: Implemented in accordance with the Labor Code and Circular Joint No. 08/2005/TTLT-BNV-BTC dated January 5, 2005 of the Ministry of Home Affairs and the Ministry of Finance guiding the implementation of night shift and overtime pay systems for civil servants, officials, and employees.

4. Expenses for building databases and updating information on victims: The contents and expenditure levels shall be implemented in accordance with Circular Joint No. 19/2012/TTLT-BTC-BKHĐT-BTTTT dated February 15, 2012 of the Ministry of Finance, the Ministry of Planning and Investment, and the Ministry of Information and Communications guiding the management and use of funds for the National Program on the Application of Information Technology in State Agency Activities; and Circular No. 194/2012/TT-BTC dated November 15, 2012 of the Ministry of Finance guiding the expenditure levels for creating electronic information to maintain the regular operation of state-funded agencies and units.

5. Leasing and purchasing specialized equipment for verification, reception, rescue, and protection of victims shall be implemented in accordance with the current laws on bidding.

6. Communication, printing, office supplies, and other related expenses for victim support work. The expenditure levels shall be based on valid invoices and receipts and within the approved budget.

7. Victim file establishment costs, at VND 100,000 per file (including photos, verification records, and handover records).

8. Supporting persons not receiving state budget salaries directly involved in managing and protecting victims. Maximum expenditure level is VND 200,000 per person per day.

9. Supporting counselors assigned to provide psychological counseling to victims. Remuneration rate is VND 10,000 per person per counseling session but not exceeding VND 500,000 per counselor per month.

8. Only support individuals who do not receive direct salaries from the state budget for their participation in managing and protecting victims. The maximum expenditure is 200,000 VND per person per day.

9. Only support staff assigned the task of providing psychological counseling to victims. The fee for each counseling session is 10,000 VND per person counseled, but not exceeding 500,000 VND per staff member per month.

Article 4. Content and level of expenditure for direct support to victims

1. Expenditure for essential needs and travel expenses

a) Food allowance: Provide food allowance during the time the victim stays at social welfare facilities or victim support facilities (hereinafter referred to as facilities) according to the support level for emergency protection objects at social welfare facilities as stipulated in Decree No. 136/2013/ND-CP dated October 21, 2013 of the Government on social assistance policies for social welfare beneficiaries. The support period shall not exceed three months as provided in Clause 3, Article 25 of Decree No. 136/2013/ND-CP;

b) Support for necessary clothing and personal living items: During their stay at the facility, victims will be provided with daily living items and other expenses as stipulated in Clause 4, Article 26 of Decree No. 136/2013/ND-CP;

c) Travel expenses and food allowance for victims wishing to return to their place of residence but unable to pay

- Travel expenses: The cost is based on the price of public transportation. In cases where the victim is a minor, the receiving agency or unit will arrange for an officer to escort the victim back to their place of residence using the agency's or unit's vehicle, with costs calculated based on actual kilometers traveled and fuel prices at the time of transport; if renting from outside, the rental fee is based on the agreed contract and consistent with market rates at the same time;

- Food allowance during travel days: a minimum of 70,000 VND per person per day.

2. Medical support expenditure

a) For victims without health insurance cards: During their stay at the facility, they will be provided with free health insurance cards as stipulated in Clause 2, Article 26 of Decree No. 136/2013/ND-CP;

b) Support for common medication expenses: During their stay at the facility without signing a medical treatment contract under health insurance, victims will be supported for common medication expenses based on actual occurrences;

c) In cases where victims suffer serious illness requiring transfer to a healthcare facility for treatment, the payment for medical examination and treatment expenses at the healthcare facility will be carried out in accordance with health insurance laws;

d) In cases where victims die during their stay at the facility, within twenty-four hours from the conclusion of the relevant authorities' findings, if relatives cannot arrive in time or do not have the conditions for burial, the facility is responsible for organizing the funeral. Forensic examination fees and funeral expenses will be implemented according to regulations for objects at social welfare facilities.

3. Expenditure for cultural education support, vocational training support, and initial hardship allowances

a) Expenditure for cultural education support and vocational training

- Victims are exempted or granted reductions in tuition fees and supported for educational expenses according to Decree No. 86/2015/ND-CP dated October 2, 2015 of the Government on mechanisms for collecting and managing school fees for national education institutions and policies for exempting, reducing school fees, and supporting educational expenses for the academic year 2015-2016 to 2020-2021, Decree No. 145/2018/ND-CP dated October 16, 2018 of the Government amending and supplementing certain articles of Decree No. 86/2015/ND-CP, and guiding documents for the decree;

- In cases where victims undergo short-term vocational training at the primary level and less than three months, they will be supported once for vocational training expenses. The support level is based on the corresponding short-term vocational training costs at local vocational training facilities but shall not exceed the maximum level specified in Clause 1, Article 7 of Circular No. 152/2016/TT-BTC dated October 17, 2016 of the Ministry of Finance on managing and using funds for supporting primary-level training and training under three months;

b) One-time hardship allowance for victims returning to their place of residence who belong to poor households, with a minimum amount of 1,000,000 VND per person (poor households eligible for support are those classified as poor based on income criteria).

Article 5. Content and level of support for victims during the time waiting to be repatriated, implemented by Vietnamese representative agencies abroad.

1. The source of funding for support from the Fund for the Protection of Vietnamese Citizens and Legal Entities Abroad pursuant to Decision No. 119/2007/QĐ-TTg dated July 25, 2007 of the Government and Circular No. 92/2013/TT-BTC dated July 8, 2013 of the Ministry of Finance on financial management regulations for the Fund for the Protection of Vietnamese Citizens and Legal Entities Abroad.

2. During the time waiting for verification and completion of necessary procedures to return to Vietnam, in cases where victims are unable to cover their essential needs and travel expenses, they will be supported according to Article 33 of the Law on Prevention and Combating Trafficking in Persons. The specific content and level of support are as follows:

a) Temporary food and accommodation expenses for victims: applying the basic living allowance rate multiplied by the area coefficient stipulated in Decree No. 08/2019/NĐ-CP dated January 23, 2019 of the Government on certain benefits for members of Vietnamese agencies abroad.

b) Support for essential clothing and personal items, assistance with transportation means at the place of residence, and other necessary expenses related to obtaining documents and completing procedures for returning home such as overstay fees, airport fees, fees for issuing return documents, security costs, and translation costs. The level of expenditure is decided by the head of the Vietnamese representative agency abroad based on actual receipts with the spirit of thrift.

c) Airfare, train, or bus ticket expenses for victims who wish to return to their place of residence but are unable to pay (tickets purchased and provided to victims by the Vietnamese representative agency abroad) at the standard public transport fare to deliver the victim to the border checkpoint, air, land, or water border.

d) During the time waiting to be repatriated, if victims fall ill and require treatment at local hospitals, the Vietnamese representative agency abroad will collect all relevant expenses along with necessary receipts as prescribed to consider supporting each case individually. In cases where victims die, the Vietnamese representative agency abroad will consider and support funeral/burial expenses or the cost of transporting the deceased's remains back home based on actual transportation rates with the lowest possible expense.

Article 6. Establishment, execution, and settlement of funds for implementing victim support work and victim support benefits.

1. The preparation of budgets, allocation, implementation, and settlement of funds for implementing victim support work and victim support benefits by agencies and units shall be carried out in accordance with the provisions of the State Budget Law and guiding documents thereof.

2. This Circular guides the provision of support from local government budgets to non-public victim support facilities as stipulated in Clause 3, Article 3 of Decree No. 09/2013/NĐ-CP as follows:

a) Annually, within the specified time for preparing the state budget, the Department of Labor, Invalids, and Social Affairs shall base on the content and level of support benefits for victims as stipulated in Clause 9, Article 3, Clause 1, and Clause 2, Article 4 of this Circular and the estimated number of victims expected to reside at victim support facilities in the locality (if any), prepare the budget for supporting victim support facilities and consolidate it in the regular expenditure budget of the agency, submit it to the Department of Finance for review and consolidation to be submitted to the competent authority for approval.

b) The Department of Labor, Invalids, and Social Affairs shall provide financial support to victim support facilities for the benefits for victims as stipulated in Clause 9, Article 3, Clause 1, and Clause 2, Article 4 of this Circular. In cases where support is not granted, the Department of Labor, Invalids, and Social Affairs shall respond in writing and clearly state the reasons.

Article 7. Implementation Provisions

1. This Circular takes effect from January 15, 2020.

2. Joint Circular No. 134/2013/TTLT-BTC-BLĐTBXH dated September 25, 2013 of the Ministry of Finance and the Ministry of Labor, Invalids, and Social Affairs guiding the content and level of expenditure for victim support work as stipulated in Decree No. 09/2013/NĐ-CP dated January 11, 2013 of the Government detailing certain provisions of the Law on Prevention and Combating Trafficking in Persons shall cease to be effective from the date this Circular takes effect.

3. Based on the levels of expenditure prescribed in this Circular, depending on specific conditions and budget capacity, provincial people's committees shall submit to the People's Council of the province for consideration and decision on specific support levels that are appropriate.

4. In cases where the referenced documents in this Circular are amended, supplemented, or replaced, they shall be implemented according to the newly issued documents.

5. During the implementation process, if there are any difficulties, units are requested to report to the Ministry of Finance for study, amendment, and supplementation in a timely manner and appropriately.