CIRCULAR Guide content, the level of expenses to support victim stipulated in Decree No. 09/2013/ND-CP on 11/01/2013 details the Government's implementation of some articles of the law on the prevention of the sale of people _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law, against buying and selling people on 29/3/2011;
Pursuant to Decree No. 09/2013/ND-CP on 11/01/2013 details the Government's implementation of some articles of the law on the prevention of the sale person (hereinafter referred to as the Decree of 09/2013/ND-CP);
Pursuant to Decree No. 118/2008/ND-CP on November 27, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of finance;
Pursuant to Decree No. 106/2012/ND-CP dated December 20, 2012 of the Government functions, tasks, powers and organizational structure of the Ministry of labor, invalids and Social Affairs;
The Minister of finance, Minister of labor, invalids and Social Affairs issued a circular Guide content, the level of expenses to support victim stipulated in Decree No. 09/2013/ND-CP on 11/01/2013 details the Government's implementation of some articles of the Law , against buying and selling people.
Article 1. The scope and subjects of application 1. Scope: a) this circular regulates the content, the level of expenses to support victims; victim support regime provisions in Decree No. 09/2013/ND-CP from its regular budget expenditure estimates annual State of the bodies, the unit under the provisions of the law on the State budget and the Law implementation guide text.
b the source use case) in support of the organizations and individuals inside and outside the country for supporting victims, victim support mode implemented in accordance with the Ministry of finance and the sponsor; the case of the sponsor or the authorized representative of the Ministry of finance and the donors have yet to have the genus level agreement shall apply according to the level of genus specified in this circular.
2. Objects: this circular apply to agencies, units, organizations, personal use of funds from the State budget to carry out the task to support the victim and the victim support mode.
Article 2. The funds carry 1. State budget expense layout expenses to support victims, direct support for victims in the regular annual spending estimates of the ministries and localities under the hierarchy of the law on the State budget.
2. local budget support for victim support facilities to support essential needs and travel expenses, medical assistance, psychological support for victims as stipulated in article 19, article 20 and article 21 of Decree 9/2013/ND-CP and the costs specified in this circular on the basis of the number of victims was the help facility.
3. The funding of organizations and individuals in the country and abroad.
4. other legitimate sources according to the provisions of the law.
Article 3. The content and the level of expenses to support victims of the content and the level of expenses to support victims follow mode current financial spending for State agencies and business units. This circular instruction specifically some of the content, the following costs: 1. Spend the work for active service officers verify, reception, rescue, protect, and put the victims are minors about the place of residence; Organization of conferences, seminars, business training. Content and implementation costs as specified in circular No. 98/2010/TT-BTC dated 6/7/2010 of the Ministry of finance regulations, charges expenditure mode work organizing conferences for State agencies and business units.
2. international cooperation Expenditure in receiving, verifying the victims. Content and implementation costs as specified in circular No. 102/2012/TT-BTC on 21/6/2012 diem regime regulations for public servants take short-term work abroad due to State budget funding secured; Circular No. 1/2010/TT-BTC on 06/01/2010-spending mode regulation welcomes overseas work in Vietnam, spent organizing the Conference, International Conference in Vietnam and in-country living expenses; Circular No. 219/2009/TT-BTC on 19/11/2009 regulates a number of costs apply for programs/projects using funds official development assistance (ODA) and circular No. 201/2009/TT-BTC dated 26/12/2011 additional amendment of some articles of circular No. 219/2009/TT-BTC on 19/11/2009 the Ministry of finance.
3. Spend the night mode, the more hours: to follow the current provisions of the law on pay to work at night, overtime for civil servants, employees.
4. The genus build database and updated information about the victims: the content and the level of expenditure made in accordance with circular No. 19/2012/TTLT-BTC-BKH & TEL-BTTTT on 15/02/2012 of the Ministry of finance and the Ministry of planning and investment, Ministry of information and communication management guide and use the funding to implement the national programme on the application of information technology in the activity of State bodies and circular No. 194/2012/TT-BTC dated 15/11/2012 of the Ministry of finance to create spending guidelines for electronic information in order to maintain normal operations of the Agency, the unit used the State budget.
5. The genus stores specialized equipment verification service, reception, rescue, protect, victim to follow the current rules of the law of tenders.
6. The genus contact information, document printing, stationery, others are related to the work of victim support. Based on the spending bills, vouchers and spend in the range of estimates was competent.
7. Chi established the victim profile, spending 100,000 Dong/01 profile (including picture, verify, report on the delivery of victim).
8. Support non-paid from the State budget is directly involved in the management and protection of the victim. The maximum spending 100,000 VND/person/day.
9. Support for staff assigned to psychological counseling for victims. Genus level remuneration is 10,000 Dong/people advice/consultation but not exceeding 500,000 Dong/officers/month.
Article 4. The content and mode of support costs directly to victims 1. Genus support essential needs and travel expenses according to article 19 of Decree 9/2013/ND-CP: a) food: food aid in time of victims staying at the basis of social protection, victim support facility (hereinafter referred to as the base): minimum support level 30,000 VND/person/day. Time of support from State budget sources must not exceed 60 (sixty) days.
b) support clothing, personal living supplies needed: victims during their stay at the facility level is 2 (two) long clothes, 2 (two) sets of underwear, towels, slippers, toothbrush, toothpaste, SOAP, tampons (for the victim is female). Costs are calculated on the basis of local actual purchase price but no more than 400,000 Dong/victims.
c) spending money to ship the car and food for victims have expectations back home but cannot afford to pay:-money train car: costs as the price of public transport. Cases victims are minors, the agency receiving unit, rescue, victim support personnel deployed to put the victim on the place of residence by means of agencies, units, the cost calculated according to the number of km and fuel consumption; the case of car rental car rental the price outside under a contract agreement and consistent with the prices on the same time.
-The food in those days on the road: a minimum is 40,000 VND/person/day, maximum 5 days.
2. Chi medical assistance under article 20 of Decree 9/2013/ND-CP: a) support the common drug money during the victim's stay at the facility level supported 50,000 VND/victims.
b) where seriously ill victims are turning to medical treatment, the costs of medical examination and treatment at a medical facility by the victim or the victim's family paid.
-For victims in poor households, households reach poor, family policy according to the Ordinance on the incentive people to the revolution, juveniles are the basis to support the cost of examinations, cure rates by level of health insurance funds pay for the respective object.
-For the victim no longer relative are the basis to support the cost of examinations, cure rates by level of health insurance fund to pay for the object in poor households.
-Where the subject is the health insurance card is also the term used is the health insurance fund to pay the cost of medical examination and treatment under the provisions of the law on health insurance.
c) where victims died during their stay at the facility, after 24 (twenty four) hours, since the conclusion of the competent authorities that no relatives came up with or without conditions, then buried the base responsible for funeral organizations. Forensics cost, cost of burial made according to the regulations for the object at the center of social protection.
3. Support cultural learning, apprenticeship, subsidised the initial difficulties under article 23 of Decree 9/2013/ND-CP: a) support learning culture, learning the craft:-victims are exempt, reduce fees and support expenses as stipulated in Decree No. 49/2010/ND-CP on 14/5/2010 regulation on exemption tuition reduction, support for study costs and the mechanism of currency, use the tuition for vocational education in national education systems from 2010-2011 to 2014-2015 school year, Decree No. 74/2013/ND-CP on 15/7/2013 of the Government revising, supplementing a number of articles of Decree No. 49/2010/ND-CP and text instructions Decree.
-Case victim elementary level apprenticeships and vocational trades under 3 months are supported per apprentice costs. The level of support costs, short-term vocational training respectively in vocational training establishments in the locality but not exceeding the maximum specified in decision No. 1956/QD-TTg on November 27, 2009 Prime Minister's approval of the project for vocational training for rural workers and the writing guidelines decision No 1956/QĐ-TTg. b) support once aid money the initial difficulty level for victims in poor households when return to the residence a minimum is 1,000,000 VND/person.
Article 5. The content and the level of support of victims pending arrangements for water by the Vietnam representative offices abroad implemented
1. Funding support from the Fund for protection of citizens and legal entities abroad Vietnam by decision No. 119/2007/QD-TTg dated 25/7/2007 of the Prime and circular No. 92/2013/TT-BTC on 8/7/2013 financial Ministry's prescribed financial Fund management mode of protection of citizens and legal entities abroad Vietnam.
2. Pending verification and do the paperwork necessary to return home, in case the victim did not have the ability to pay was essential needs support and travel expenses as specified in article 33 of law, against buying and selling people. Content and specific support levels as follows: a) food, temporary accommodation for victims: application of minimum subsistence level specified in point 2, part II, circular No. 29/2006/TTLT-BNG-BNV-BTC-BLDTBXH on 08/11/2006 the Ministry of Foreign Affairs, the Ministry of the Interior, the Ministry of finance, Ministry of labor, invalids and Social Affairs guide implementation of Decree No. 157/2005/ND-CP dated 23/12/2005 of the Government regulation of some internal mode, the term work in Vietnam agency abroad and circular No. 01/2010/TTLT-BNV-BNG-BTC-BLDTBXH on 27/04/2010 of the Ministry of Foreign Affairs, the Ministry of the Interior, the Ministry of finance, Ministry of labor, invalids and Social Affairs amending, supplementing circular No. 29/2006/TTLT-BTC-BLDTBXH-BNV-BNG.
b) support clothing, personal living supplies needed, help transport in country and other necessary expenses related to the level of paperwork, procedures of countries such as: fees stay expired, airport fees, fee level papers on water, the cost of ensuring security , the cost of translation. Genus level by heads of representative offices overseas Vietnam decides and according to the evidence from the actual spending on the most economical sense.
c) cost of buying air tickets, train, airport for the victims have aspirations to return home without the ability to pay (by the Vietnam representative offices abroad to purchase and give the victim) by public transportation fare is usually to put victims arrived at the gate , air border, roads, waterways.
d) pending arrangements for water, if the victim was ill treated in hospitals in the Vietnam representative offices abroad rallied the expenses of necessary documents attached in accordance to consider support for each specific case. The case of the victims died, the Vietnam representative offices abroad consider, support the cost of burial/cremation or shipping costs/remains remains a victim of the water according to the actual shipping charges with varying costs.
Article 6. Created, Executive and oversee the funding support to the victim and the victim support mode 1. The estimate, allocation, Executive and oversee funding support for victims, victim support mode of the unit, follow the provisions of the law on the State budget and the writing guide law.
2. This circular guide the support from local budget resources for victim assistance facility under the provisions of paragraph 3 of article 3 of Decree 9/2013/NĐ-CP dated as follows: a) the same year, the stipulated time estimating the State budget, Department of labor, invalids and Social Affairs to base the content and extent of the genus victim support regime prescribed in clause 9 Article 3, item 1 and item 2 article 4 this circular and estimated the number of victims to stay in victim support facility on the area (if available), estimating the funding supports grassroots support for victims and the public in General often genera estimation of Agency, sent the Department of finance review General, the approval authority.
b) periodically (3 months or 6 months), the base number of victims to stay in the base of support of victims (if any), the base of support of victims have written to send the Department of labor, invalids and Social Affairs supported the recommended mode for victims specified in paragraph 9 of article 3 , clause 1 and clause 2 article 4 this circular, accompanied by the following documents:-the General Board recommended funding support;
-List of victim assistance (specify the number of days each actual victims staying at the base);
-The minutes handed the victim between the receiving unit, rescue of victims and victim support facility (if any);
-List of officers assigned to psychological counseling for victims;
-The certificate from the spending related to the support of victims (to compare, the basis of the direct victim assistance make kept under current rules).
c) within a period of a maximum of 15 working days, from receipt of materials enough basis of support of victims according to the regulations, the Department of labor, invalids and Social Affairs is responsible for the evaluation; the level of funding support for victim support base. The case is not resolved support must answer in writing and stating the reason.
3. the base costs specified in this circular, depending on specific conditions and the possibility of budget, Department of labor, invalids and Social Affairs the people's Committee Chairman, central cities under consideration, decided to support specific level accordingly.
Article 7. Terms of implementation 1. This circular effect since November 10, 2013.
2. Abolish circular No. 116/TTLT-BTC-BLDTBXH on 27/9/2007 of the Ministry of finance, Ministry of labor, invalids and Social Affairs Guide content, a verification expenses level, reception and support women, children trafficked from abroad back to community reintegration by decision No. 17/2007/QD-TTg dated January 29, 2007 by the Prime Minister and portfolio No. 113/2010/TTLT-BTC-BLDTBXH on 3/8/2010 amending, supplementing circular No. 116/TTLT-BTC-BLDTBXH.
3. in case the referenced text of this circular is to modify, Supplement, replace the following new documents issued.
4. In the process of implementing, if there are obstacles, the proposal reflects on the Finance Ministry to coordinate with the Ministry of labor, invalids and Social Affairs research, resolve./.