Circular 35/2013/tt-Bldtbxh: Guide The Implementation Of A Number Of Articles Of Decree No. 09/2013/nd-Cp On 11 January 2013 The Government Detailing The Implementation Some Articles Of The Law, Against Mu ...

Original Language Title: Thông tư 35/2013/TT-BLĐTBXH: Hướng dẫn thi hành một số điều của Nghị định số 09/2013/NĐ-CP ngày 11 tháng 01 năm 2013 của Chính phủ quy định chi tiết thi hành một số điều của Luật Phòng, chống mu...

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DEPARTMENT OF LABOR-COMMERCE AND SOCIETY
Number: 35 /2013/TT-BLTBXH
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, December 30, 2013

IT ' S SMART

Instructions to enforce some of the terms of Protocol No. 09 /2013/NĐ-CP
January 11, 2013 of the Government rules the details of certain conditions.

of the Chamber of Laws, anti-human rights.

________________

Department of Defense, March 29, 2011.

Base of Protocol 09 /2013/NĐ-CP January 11, 2013 of the Government rules the law enforcement of certain provisions of the Law of Room, anti-human rights;

Base of Protocol 106 /2012/NĐ-CP December 20, 2012 the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Labor and Social Affairs.

According to the Bureau of Defense Secretary, anti-social,

Minister of Labor-Trade and Social Affairs issued the Instruction of the Guide to some of the terms of the Digital Protocol 09 /2013/NĐ-CP January 11, 2013, the government rules out some of the provisions of the Law of Defense, anti-human rights.

Chapter I
GENERAL REGULATION

What? 1. Range and subject applicable

1. This information provides for the content:

a) Regulatory regulation of conditions, procedures, grants, renewables, modifications, addition of a license to establish a facility in support of the victim; function, mission, organizational structure of the victim support facility and victim support services at the security facility. Social support, the victim's support facility.

b) The process of performing the support of the victim.

c) Quality standards provide victim support services at reception agencies, rescue, victim support.

2. The subject of applying this Smart is the agencies, organizations, individuals who are given the task of supporting the victim by the provisions of the Law Enforcement, anti-human trafficking.

No. 2. The principle of performing the work of supporting the purchased victim

1. The organizations, individuals, when performing activities, the services support the victim must ensure the conditions, standards specified in this Information.

2. The implementation of the victim support service must comply with specialized guidelines, the business of the Ministry of Labor-Trade and Social Affairs.

Chapter II
ESTABLISHED CONDITIONS, LEVEL PROCEDURES, RESUPPLY, EXTENSION, MODIFICATION, ADDITIONAL

COPYRIGHT LICENSE; ORGANIZATION STRUCTURE, MISSION FUNCTION

THE FACILITY SUPPORTS VICTIMS AND THE VICTIM SUPPORT SERVICES AT

SOCIAL PROTECTION FACILITY, VICTIM SUPPORT FACILITY

What? 3. The condition of establishment of a victim support

In addition to meeting the regulation conditions at point a, point b and point c 1, Article 4, Protocol No. 09 /2013/NĐ-CP January 11, 2013 of the Government rules the details of some of the provisions of the Law of Prevention, anti-sale (after this is called the Digital Protocol). 09 /2013/ND-CP), the base of the victim support must meet the following conditions:

1. Physical base conditions:

a) The room receives the victim:

-At a minimum of 10 meters. 2 (10 sq ft);

-There are minimum equipment pages that are required for the acquisition of victims, including work tables, sit-in, document cabinets, computers, phones;

-There's an inpatient table, the range of services that support the victim.

b) The victim's room:

-The hotel room is secure. 2 (five square meters) for 1 (one) person and no more than 04 (four) persons in 1 (one) room. The rooms must be built for sure, full of light, with windows, doors to be locked;

-There is a minimum set of equipment that cater to the daily life of the victim during the stay at the facility such as the bed, the wardrobe, the use in personal life.

c) The victim's support facility must have a kitchen, a restaurant, a toilet, a bathroom and other supporting work; ensure the safety of the order, ensure the safety of the victim; in accordance with the fire, fire, and fire regulations.

For the basis of supporting victims scale support from 25 (twenty-five) people who turn up must have separate sub-districts for women, children, housing, kitcheners, toilets, staff members ' work zones, general living quarters, emergency systems, exit, and more. Water, electricity, internal roads, medical equipment, minimum drug facilities serve for the rescue, emergency care, as needed.

2. Human conditions:

In addition to meeting regulatory conditions at point d, paragraph 1, Terms 4 Protocol 09 /2013/ND-CP, the base of the victim support must meet the following conditions:

a) There are at least 01 (one) in charge. The case of a facility supporting the victim is to be able to register for specific work to ensure security, safety for the facility and the victim;

b) Direct staff as victim support work must meet the standard of social work tranche tranche to be specified at the specified number of Information. 34 /2010/TT-LSBTBH November 8, 2010 by the Ministry of Labor-Trade and Social Affairs regulates a career standard of social work and has been trained in support of the victim;

c) For the medical personnel (if any) must have a professional level from the medical center or above; the security officer must have a statutory protection certificate under the law.

Number four. A license to grant a license to the base of the victim to support the victims by regulation in Articles 7 of the number of countries 09 /2013/NĐ-CP

1. The application to grant a license to form a victim support facility by the prescribed pattern at Annex 1 issued by this Information.

2. The project set up the basis of the victim assistance under the prescribed pattern at Annex 2 issued by this message.

3. The expected schedule of a person who is expected to serve as the Director of Support for Victims, has the confirmation of the residence of the residence of the residence or organization establishing a basis by a prescribed pattern at Annex 3 accompanied by this Information; the list of personnel expected to do so. in the facility supporting the victims by the prescribed form at Appendix 4 with this message.

4. The documents and documents are related:

a) The legal paper on the right to use the land, the ownership of the housing or property attached to the land that serves the operation of the facility supporting the victim;

b) The written opinion of the Social People's Committee where the victim supports the operation headquarters, which specifies whether or not to agree on the basis of the base of the victim support;

b) The documents, certificates of the expertise of the work personnel expected at the victim support facility.

What? 5. Cases of a permit to renew the license to establish a facility supporting the victim by regulation at paragraph 2 Terms 13 Digital Protocol 09 /2013/NĐ-CP

The proposed extension case is:

a) A proposed extension of the license to establish a facility supporting the victims by the prescribed pattern at Annex 1 issued by this Information;

b) The report on the situation supports the victim of the facility as of the time of the proposed extension and the next operational direction of the facility by the prescribed pattern at Annex 5 issued by this Information;

c) The original license establishment was granted.

What? 6. Take on the profile, grade appraisal, reorder, modify, add, renew the established license to the facility that supports the victim.

1. Continue the primary, reorder, modification, supplement, extension of the established license to the facility that supports the victim:

a) In Labour-Trade and Provincial Socialists, the Central City of the Central District (where the victim expected the victim to set the headquarters) take over the profile of the offer, grant, modify, renew, renew the license to establish a victim support facility;

b) When the filing, Labor and Social Security must be sent to the organization, the individual recommends a license to receive a license to receive a prescribed record in Annex 6 issued by this message.

2. Organissionable, radical, revised, supplemable, extension of the established license to the facility supporting the prescribed victim in accordance with the Articles 8, paragraph 5 Articles 11, paragraph 5 Articles 12 and paragraph 5 Terms 13 Protocol 09 /2013/ND-CP:

a) The Director of the Department of Labor-Trade and Society into a business delegation to organize the appraisal, grant, amendment, supplement, renew the license to establish a basis for the prescribed victim assistance basis at the Articles 8, paragraph 5 Articles 11, paragraph 5. 5 Articles 12 and paragraph 5. 09 /2013/NĐ-CP;

b) Member of the delegation: Leader of the Department of Labor and Social union; Leader of the Department, and the Chamber of Departs, Social and Social Affairs of the Labour-Trade and Social Service as Deputy Head of the Department; Department of Expenses or Defence, Anti-social media as a secretary; members include representatives of the Social Protection Agency of the Labour-Trade and Social Service, Provincial Public Security Agency, Departs, or Room, Anti-Social Security, Labor Department, Trade and Social Services. Yeah.

3. The deadline for implementation of the prescribed implementation at the Articles 8, Terms 11, Articles 12 and Articles 13 No. 13 09 /2013/NĐ-CP.

4. Decided by the prescribed pattern at Appendix 7; License-issued (resupply) license established by the Appendix 8 procedure template, Modified Declation (additional, extension) the license to establish a Appendix 9 Exhibit Come on.

What? 7. Check out, inspector and process for the operation base operation under regulation at the Terms of 17 Digital Decree Protocol. 09 /2013/NĐ-CP

1. periodically 06 (six) months or conflict when necessary, Labour-Trade and Social Affairs must organize the inspection, inspection of the operation of the victim ' s support facility, in time of discovery, processing of violation of legal violations. the laws of this facility, or recommended that the authorities have jurisdiction over the provisions of the law.

2. For violations of the breach specified at paragraph 1, paragraph 2 Terms 17 Decree Numbers 09 /2013/ND-CP, The audit corps must compile the audit by the specified pattern at Annex 13 issued by this message. In violation of the breach level, the Director of Labour-Trade and Social Affairs proposed the Chairperson of the Provincial People's Committee to decide whether to temporarily suspend or revoke the license to be established by regulation.

The temporary decision template only operates in Annex 14; the Form of Decision revoking the license to be specified in Annex 15 issued by this message.

What? 8. Cases, recommended procedure termination of a prescribed operation of the victim in accordance with provisions at paragraph 2. 09 /2013/NĐ-CP

1. The proposed case to end the operation of the victim support facility includes:

a) The application ends the operation of the facility supporting the victim to the prescribed pattern at Annex 10 attached to this Information;

b) The solution to the victim, the worker, who has the right, the obligation, and the other relevant interest when the victim base termini operates under the prescribed pattern at Annex 11, the termination of the operation to terminate the operation of the victim. specifies the Exhibit 12 issued by this message.

2. The procedure to resolve the termination of the operation of the victim support facility:

a) In the period of 05 (year) day of work, since the date of the petition being terminated, the Director of the Department of Labor and Social Affairs considers the solution to the victim, the worker, the right, the obligation, and the relevant interest. other of the victim's facility and must have a written proposal for the Chair of the Provincial People's Committee that decides to terminate the operation of the victim's support facility;

b) During the period 05 (year) day of work, since the date of receiving the recommended text of the Director of Labor-Trade and Social Affairs Chairman of the Provincial People's Committee decided to terminate the operation of the victim support facility;

c) The event is disputed between the facility supporting the victims and the stakeholders, the Chief Labour Officer-Trade and Social Affairs informed the facility to support the victims and move the case to the competent authority to resolve under the rule of law. It's the law.

What? 9 Function, the mission of the victim support facility

1. Take on and the layout of the shelter for the victim.

2. Implemonation of essential needs support, medical assistance, psychological support in accordance with age, gender, aspirations of the victim and the ability to respond to the facility.

3. Life skills education, career for victims.

4. Evaluation of the victim's ability to fit into the community, provide information on policy, regime, and victim support services in the community.

5. Provide the necessary information for the authorities to fight for the room, against the strictly prohibited conduct stipulated at Article 3 of the Chamber of Law, anti-human rights.

6. Coordinate with the authorities that brought the victim to the residence.

7. Coordinate with the Public Security Agency in the verification of the victim.

Number 10. Organizational structure of the victim support facility

1. The organizational structure of the victim support facility consists of 1 (one) Director, 01 (one) to 2 (two) Deputy Director and business departments, including:

a) Ministry of reception, administrative, warranty;

b) Department of management, consulting;

c) The department supports community integration.

2. Base to the scale of the victim ' s support facility, the Director of the Facility decides to establish specialized units, a career to carry out the task of supporting the victim. The specific task of the task department is determined by the Director.

What? 11. The services support the victim at the social protection facility, the facility supporting the victim.

The organization of social support, the facility that supports the victim responsible for organizing the following services to support the victim:

1. Continue, support the essential needs and protect the victim:

a) Take over the victim as the function of the function moves to, the layout of the food, in accordance with the gender, the uptake; the support of the victim of clothing, the physical activity that is required during the time of the victim's exile in the facility;

b) Support for the authorities to gather information regarding the crime of buying people and to protect the legal rights of the victim during the course of the proceedings. The case of a victim is a child, who has not been a teenager, has to do the proceedings of the guardian or to recommend an organization that takes custody under the rule of law;

c) To take safe safeguards for victims by law.

2. Medical support, psychological counseling, legal assistance:

a) Organization of examination, treatment of common conditions for the victim; the case exceeds the medical expertise of the facility to move to the appropriate medical facility;

b) A staff with a professional position of counseling, counseling, and counseling, to help victims of psychological stability, to perform psychoactive interventions for victims when they need to be seen.

c) Contact, introduce victims to Legal Aid Centers to assist victims to protect their legal rights and interests to victims who need legal help.

3. Cultural and academic support, building plans to support community-entering victims:

a) Consulting on cultural, vocational, career towards victims of need; contact, introduction, victim support to appropriate educational institutions, free vocational programs provided by organizations, individuals, and others;

b) Evaluation of the victim 's ability to fit into the community; provide victims with information about policy, service support services in the community; in coordination with the Public Security, Labour-Trade and Social Services, the Social People' s Commission where the victim resides to support the victims. connection with the family or relatives of the victim before returning them;

c) For victims is children, in the 20 (twenty) days before the expiration of the residency period, the Director of Social Protection, the basis of the responsibility for the victim to inform the family (father, mother, or guardian) to the residence or father. The staff handed over to the family. For orphaned children, children who are not home-to-be, do the procedure to move regulatory support for social protection objects.

Chapter III

ASSESSMENT OF VICTIMS AND ASSESSMENT CRITERIA
VICTIM SUPPORT SERVICES

Item 1

THE PROCESS OF SUPPORTING THE VICTIMS AND THE RECOMMENDED PROCEDURE
SUPPORTING VICTIMS IN THE COMMUNITY

What? 12. The process supports the community entry victim

1. The process of supporting victims is all steps, supported services provided by agencies, individual organizations under the rule of law to help victims to stabilize psychological, physical, social conditions that need to be found in the United States. set to integrate community, society.

2. The steps of the process support the victim:

a) Take, initial support for the victim;

b) Support for recovery, preparation of conditions for victims of community integration;

c) Support for community integration.

3. Apartment on the steps of the process of supporting victims by regulation at paragraph 2 This, the consulting social worker, building plans for community reconciliation support for victims of being bought. The choice of support services must be appropriate, respect for self-determination, selections of the victim.

Number 13. Reception, initial support for victims.

1. The Social People 's Committee, Labor Department-Trade and Social Affairs Department, social protection facility, the support base of the victim, the agency of Vietnam' s representative abroad, the rescue agencies, take on victims of the Border Patrol Department, Public Security, Marine Police and Police Department. under the responsibility of the organization to receive and perform initial support services for the victim.

2. The regulatory agencies at this 1 This article when taking on the victim must carry out the immediate assistance of the essential needs of food, wear, roam; inform the victim of the support policy regime and the procedure for the victim returning to residence; judiciary. The victims know the type of vehicle they use, the distance and the passage of the road; reports to the family, relatives before bringing the victim back.

3. The case of a victim needs support, or there is not enough information to return to the residence, the next agency to take victims to social security facilities, or the facility to support the next victim. receive to have the appropriate support measures.

Number 14. Support for recovery, preparation of conditions for victims of community integration.

1. Support for recovery and preparation of conditions for victims of the community to enter into the community is the stage performed at the social security facilities, the facility supporting the victim. These facilities provide services to help victims of psychological stability, live skills before bringing victims back to the community. The maximum stay in social protection facilities is 60 (sixty) days; the duration of the retention period at the victim support facility depends on the condition, the ability to provide the service of the facility.

2. The required services in this period include: support for medical care, legal aid to victims; counseling counseling, employment, government support policy on victims; contact, introduction of victims to the appropriate vocational training facilities; in relation to the victims of the victims. Psychological problems, preparing other conditions for victims of community integration.

Number 15. Community integration support

1. The community entry is the period of bringing the victim back to the community after having already supported the recovery and preparation of required conditions, step-by-step resetting of relationships with family and society. The time of entry depends on the circumstances and capacity of each victim.

2. The Social Protection Facility, the victim support facility, the Social People ' s Committee is responsible for organizing activities, services that support victims of families and community integration.

3. Operations, support services include: assessment of community integration, planning to support victims (including financial resources and support personnel); implementation of the victim's support plan; monitoring, evaluating support activities and planning to support the victims of the United States. If necessary.

What? 16. Cases, the procedure of addressing cultural aid, apprentitization, initial difficult subsidies for victims and connecting services to victims of victims in the community.

1. Cases of support for cultural education, apprentitization, initial difficulty allowance for the victim of regulation at a point of a 3-I-A-paragraph 09 /2013/NĐ-CP contains:

a) The petition for the support of the victim or of the victim 's family has the confirmation of the Social People' s Committee under the prescribed pattern at Annex 16 issued by this Information;

b) One of the following validation types:

-Identification confirmed victims of the public office of security, fraud, towns, cities of the province according to the provisions of the 4 Articles 24 of the Room of the Room, against the sale of the sale;

-Identification confirmed victims of the prescribed rescue agency at the 25th of the Room of the Room, against the sale of the sale;

-Paper confirmed the victim of the investigation agency, the agency tasked with conducting certain investigation activities, People's Homicide, People's Court;

-Paper, documents issued by the foreign authorities that have been legally represented abroad or the Ministry of Foreign Affairs of Vietnam legitimized the identity of the person as the victim.

2. The procedure of addressing cultural aid, apprentitization, initial difficult allowance for victims of regulation at the b point of 3 Terms 23 United States Digital Decree. 09 /2013/NĐ-CP.

3. Organization performs and connect services that support victims in the community:

a) During the course of the victim's support, it is based on the ability to provide services, the aspirations of the victim, who is directly responsible for the operation of the victims of the relevant authorities or the person in charge of the victim. Support for the victim of the patron facility, the facility supporting the victim to send a victim to a victim to another service provider.

b) According to the function, the mission is assigned, the organization, the individual responsible for taking the victim's support to the organization to receive the victim when transferred to and to perform the case of the victim in accordance with the law. Law.

The case is refused to receive a written reply and specify the reasons for the rejection to the transfer unit.

Item 2

ASSESSMENT OF THE QUALITY OF THE VICTIM SUPPORT SERVICE

What? 17. Consumer service quality assessment standard

The assessment of the quality of the service support for the specified victim in this message includes:

1. Quality of service quality standards in the reception, interview with the identification of the victim stipulated at these Terms 19;

2. Quality of service quality standards and support for community reconciliation provided at these Terms 20.

What? 18. Responsible responsibility, monitoring of the quality of the victim support service

1. Organization, individual performing activities, the service supporting victim is responsible for ensuring the quality of the service support the victim.

2. In Labour-Trade and Social Affairs of the provinces, the central city is responsible for testing, monitoring, organizing the quality of the service of the victims in accordance with regulatory standards at the 19th and the Twenty-fourth. Now, in time to take care of the reflection, the petition for the quality of service supports the victim.

3. Encouraging organizations, individuals to participate in monitoring, evaluating the quality of service support victims; support, collaborating with organizations, individuals performing activities, the service of support of victims and the state governing body for the support of victims of the victims. in the evaluation and management of the service quality that supports the victim.

4. The victim support facility, the social protection facility in addition to ensuring the quality of the service that supports the victims according to regulatory standards at Terms 19 and This Terms of 20 is also to ensure the regulation of care standards at the social protection facilities. The rules of the General Assembly. 04 /2011/TT-BLTBXH February 25, 2011 by the Ministry of Labor-Trade and Social Affairs.

What? 19. The quality of service quality in the reception, the interview identifies the victim.

The receiving agency, the rescue, support for the reception, the interview identifies the victim to ensure:

1. Compact on the provisions of the law on the sequence, procedure of reception, victim support.

2. Safe, friendly space layout; the head of the receiver is consistent with gender, age; no discrimination based on nationality, ethnicity, religion, social status, physical or gender status.

3. The reception officer must notify the victim of the location, the interiors, the regulation of the receiving place, to ensure that the victim is provided with other necessary information.

4. For victims who have not yet identified the age but it is likely that children must be treated like children. The interview, identifying the victim must comply with the principle of protection of the right and best interests for the children.

What? 20. The quality of service quality recovery and support for community reconciliation

1. The criteria for ensuring the victim is provided with full information about the support services:

a) The victim or their legal representative is facilitated access to the organization, the individual to request the provision of information relating to the support services.

b) The choice of the victim's support services is secured.

c) Organization, individuals provide services to actively meet, work with their victims or their loved ones to gather information, documentation related to the necessary support services;

d) The victim was given full of information regarding the support service during the execution process, except for the information, the document was not allowed to publish.

2. Quality criteria for psychological counseling services:

a) The psychological support needs to be taken as soon as the victim is received and must be due to a professional cadre, which has been trained, a focus on ensuring psychological counseling;

b) Advisory staff needs to establish a positive partnership with the victim; ensure a stable, comfortable mental state, high concentration when psychological counseling for the victim; build trust with the victim; when necessary immediate conduct is required for the victim. It ' s a crisis to intervene in the victim.

3. Quality standards for the construction and implementation of a plan to support community integration for the victim:

a) The plan for community integration must be built on the basis of the ability assessment, aspirations, strengths of the victim and the resources that are accessible to perform the operation;

b) Operations, support services must focus on the needs of the victim and must be regularly updated, examined, and reviewed, to have the right to be consistent with the change practices;

c) The victim was actively engaged in planning to support community integration for himself; and for the first time.

d) A specific support plan for the purpose, support content, support resources, settlement process, organization, individual execution, progress.

Chapter IV
ORGANIZATION IMPLEMENTATION AND IMPLEMENTATION TERMS

Number 21. Organization implemented

1. Secretary of the Bureau of Defense, Social Security is responsible for helping the Minister of Labor-Trade and Social Affairs directed, guide, check, the administration of this Information.

2. Chairman of the Provincial Committee of the Provincial People, the Central Committee of the Central Committee directed by Labor-Trade and Social Affairs and Social Affairs and the Sin, board, the relevant industry.

Number 22. Transfer Terms

The facilities that support the victims that have been established before this date have been allowed to continue activities. Prior to August 15, 2014, the victims supported victims of the establishment of the established license, operating under the provisions of the Fifth Protocol. 09 /2013/NĐ-CP And this.

What? 23.

1. This message has been in effect since 15 February 2014.

2. Repeal Digital 05 /2009/TT-BLTBXH February 17, 2009 by the Ministry of Labor-Trade and Social Affairs organization, the operation of the victim ' s support base under Decision No. 1. 17 /2007/QĐ-TTg January 29, 2007 of Prime Minister.

In the course of implementation, there is difficulty, entangrium, offering units, localities that reflect promptly on the Ministry of Labor-Trade and Social Affairs for consideration, resolve.

KT. MINISTER.
Chief.

(signed)

Thank you.