DECREE

Details of the details of some of the things L Oh, Pl No, no, no, no.

_________________________

The Law base. Nest Government on December 25, 200. One.

The Law base. Pl No, no, no, no, no, no. 11;

At the suggestion of the Minister of Labour-Trade and Social Affairs ()

Government issued Protocol y I'm i I i One. Stain. The rules. Pl No, no, no, no. Oh,

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This decree rules the details of some of the laws. Pl No, no, no, no, no, no. Ah. Licenses to form a in support of the victim; organization, operation of the victim support facility and the support regime, tr ... What? Freedom, the procedure for the victim's support.

What? 2. The policy of encouragement to the organization, personally involved in supporting the victim

1. State encourages t socket As a result, the individual formed the basis of a regulatory victim support facility at this decree; it also supported the resources for the public welfare institution to carry out the task of supporting the victim.

2. Organization, individuals establish the basis of a victim's support for preferable policies of law on policy of encouraging socialization of activities in the field of education, vocational education, health, culture, environmental sport.

What? 3. Cost of implementing the victim support mode

1. The cost of implementing the victim support regime from the following sources:

a) State budget;

b) Sponsors of the organizations, individuals in the country and abroad;

c) Other legal sources follow the rule of law.

2. The cost of implementing the victim's support regime from a state budget by regulation at this decree is set up in the annual regular spending of ministries, sectors and localities according to the current budget allocation.

3. The local budget supports the victims ' support facilities to carry out essential needs and travel costs, medical assistance, psychological assistance to the prescribed victims at Article 19, Article 20 and Article 21 This decree on the basis of the number of victims provided by the agency. Help.

Chapter II

VICTIM SUPPORT FACILITY

M All right 1

GRANT, GRANT, AMENDMENT, SUPPLEMENT, RENEW THE LICENSE TO ESTABLISH A VICTIM SUPPORT FACILITY.

What? 4. The condition of establishing a victim support facility

1. The condition of the establishment of the victim support facility:

a) There is a stable, convenient business.

b) Minimum natural land area 15 m ² /victim; room area at 05 m. ² /victim;

c) There are equipment, vehicles in accordance with the task of supporting the victim;

d) There are at least 05 (five) employees, in Boob 2 (2) students with a degree from college to social work.

2. The Ministry of Labor-Trade and Social Affairs specifically regulates the conditions that establish the basis of the victims ' support of the decision on this One Article.

What? 5. Authority grants, resupply, amendment, addition, renew the license to the establishment of the victim assistance facility

The chairman of the Provincial People 's Committee, the Central City of China (later called the Provincial People' s Committee), where the victim supports the d. Well, to set up the headquarters with a jurisdiction, repetition, modification, supplement, renew the License to the establishment of a victim assistance facility (later called the Established Permit).

What? 6. Send the order, take over, dispose of the license case

1. The organization, the individual recommended granting a license to form 1 (a) set of records by regulation at Article 7 of this Decree to the Department of Labor-Trade and Social Affairs, which is scheduled to be based for appraisal.

2. The Department of Labor-Trade and Social Affairs is responsible for receiving, processing records. Case case is not valid, in the period 03 (three) working days, since the date of the filing, the Department of Labor-Trade and Society must inform the organization, the individual knows to complete the profile.

What? 7. Profile of the Establishment Permit

1. The text offers a license to be established by the Ministry of Labor and Social Affairs.

2. The project set up the basis for the support of the victim, including the contents: the necessity; the objective; the mission; the organizational structure, the personnel; the conditions that ensure the operation; the feasibility of the project.

3. The personal background of the person expected to head the victim ' s support facility.

4. Relevant documents and documents demonstrate sufficient conditions to establish a prescribed basis at Article 4 of this decree.

What? 8. Profile appraiseappraisor

1. The Department of Labor-Trade and Social Affairs defines the following content:

a) The need to establish a victim support facility;

b) Objectives, scope of activities, names, duties and powers; organizational structure, personnel; financial mechanisms; and

c) The conditions of ensuring the operation of the victim support facility when allowed to be established;

d) The feasibility of the establishment, the support base operation to Victims.

2. Case appraisal deadline: In the 15 (fifteen) days of work, since the date of a valid filing, the Department of Labor-Trade v ... Oh. The society must implement the appraisal and have the Speaker text Brew y b a Multiply by Grace. It's a decision.

What? 9. Decided to issue a license to form

1. The chairman of the People's Committee of the Committee of the Office of the Labour-Trade and Social Affairs Department decided to grant the establishment of the license.

2. The established license has a maximum duration of 05 (five) years, including the following main content:

a) Base name, headquarters address, telephone number, fax number (if available);

b) They and the name of the head.

c) Operational range, support services.

3. The Ministry of Labor-Trade and Social Affairs regulates the license to establish a facility supporting the victim.

4. The deadline for the creation of the license to be established:

a) In the period 07 (seven) day of work, since the date of receiving the proposed text of the Department of Labor-Trade and Social Affairs, the Chairman of the Provincial People ' s Committee review, decides the granting of the license to form;

b) School. p does not license established, in time 03 (b) a ) the day of work, the Chairman of the Provincial People ' s Committee must respond by v What? n and specify the reason.

What? 10. The cases do not grant permission to form

1. Organizations, foreign individuals.

2. The Vietnamese personal organization belongs to one of the following cases:

a) There is not sufficient to meet the specified conditions at Article 4 of this decree;

b) The establishment of a victim's support facility is detrimental to defence, national security, order, social security or the use of the establishment of a victim's support facility to carry out acts of violation of the law;

c) Oh. Oh. It's not valid.

What? 11. Modified, Supplement Membership Permit

1. The established license must be modified, added to The following cases:

a) Change the head.

b) Change the location of the headquarters;

c) Change of name, operation range, licensed support services.

2. Edit Profile socket i, the addition of the license to form, include:

a) Text of the revised offer, the addition of a template to form by the Ministry of Labor - Trade and Social.

b) A copy of the established License was granted;

c) V. What? n, the document, which proves to be changed according to the provisions of this One Article.

3. In the 10 (ten) days of work, since the date of the change, the organization, the individual granted the establishment permit to send 1 (a) specified file set at clause 2 This Article. Department Labor-Trade and Social Affairs to make the procedure modified, added.

4. The Department of Labor-Trade and Social Affairs is responsible for receiving, processing records. Case case case ps, in the period 03 (three) day of work, since the date of the filing, the Department of Labor-Trade and Society must inform the organization, the individual knows to complete the profile.

5. In the 07 (seven) days of work, since the date of a valid filing, the Department of Labor-Trade and Social Affairs has the responsibility of appraisal, the Chair of the Provincial People ' s Committee considers, deciding on the amendment. socket i, the addition of the license to form.

6. In time 07 (seven) working days, since the date of receiving the proposed text of S in Labor-Trade and Social Affairs, the Chairman of the Provincial People ' s Committee decided the amendment, added the Establishment Permit.

The case did not agree to the amendment, the addition of the established License, in the period 3 (3) day of work, the Chair of the Provincial People's Committee must respond in writing and specify the reason.

What? 12. Level the license to form

1. Organization, the individual is granted a license to establish an ash. n The case is missing, torn or destroyed.

2. The proposed record for the Establishment Permit consists of:

a) Grant Text l License-to-form license provided by the Ministry of Labor and Social Affairs;

b) Document l The text, the document, proves to be lost, torn or destroyed.

3. In the 10 (ten) days of work, since the date of the discovery of the lost license, torn or destroyed, the organization, the individual must send 1 (a) prescribed set of records at Section 2 This Article to the Department of Labor-Trade and Society to serve as a level procedure. Again.

4. The Department of Labor-Trade and Social Affairs is responsible for receiving, processing records. Case case is not valid, in the period 03 (three) working days, since the date of the filing, the Department of Labor-Trade and Society must inform the organization, the individual knows to complete the profile.

5. During the period 07 (seven) working days, since the date of the valid filing, the Department of Labor and Social Affairs is in charge of the appraisal, the Chairman of the Provincial Committee for the Provincial Committee review, deciding on the granting of the Establishment Permit.

6. In time 07 (seven) working days, since the date of receiving the proposed text of the Department of Labor - Commerce and Social Affairs, the chairman of the Provincial People's Committee decided to grant the license again.

Unagreed case What? level of the Establishment Permit, in the period 03 (three) day of work, the Chair of the Provincial People ' s Committee must respond in writing and specify l What? d o.

What? 13. Renewal of the license to form

1. The organization, the individual is to renew the license to establish when there are enough of the following conditions:

a) There is a need to continue carrying out victim support activities;

b) The victim's support facility does not violate the law.

2. The proposed extension profile:

a) The text offers to renew the license to be established by the Ministry of Labor-Trade and Social Affairs;

b) The report on the situation supports the victim of the facility as of the time of the extension and the next operational direction of the facility;

c) The original license was issued.

3. In the period of at least 30 (thirty) days of work, before the expiration of the license expires, the organization, the individual must submit 1 (a) prescribed set at paragraph 2 This Article What? n ' s Department of Labor-Trade and Social Affairs to Renew Their Extension.

4. The Department of Labor-Trade and Social Affairs is responsible for receiving, processing records. Case case Uh ... Not yet p, in time 03 (three) days do The thing, the date of the day. Oh. You know, the Department of Labor and the Trade and Social Services must announce it. Yes. Text for t socket function, individual balls What? t to perfect the profile.

5. During the period 07 (seven) working days, since the date of the valid filing, the Department of Labor and Social Affairs is in charge of the appraisal, the Chairman of the Provincial Committee of the People's Provincial Committee considers, deciding on the extension of the License to form.

6. In the period 07 (seven) day of work, since the date of receiving the proposed text of the Department of Labor-Trade and Social Affairs, the Chairman of the Provincial People ' s Committee decided to renew the Establishment Permit. The extension of the license extension is a maximum of 05 (five) years.

The case did not agree to renew the Establishment Permit, in the time of 3 (3) of working days, the Chairman of the Provincial People's Committee must respond in writing and specify the reason.

M All right 2

OPERATION ORGANIZATION OF THE VICTIM ASSISTANCE FACILITY

What? 14. The organizational principle and operation of the victim support facility.

1. The facility's support base is established, organized by voluntary principles, self-funding; operating not for profit purposes and is responsible for law.

2. The victim ' s support facility is only carried out on victim support services within the scope of the establishment; adhering to law, professional guidance, a career in supporting the victim of the Ministry of Labor-Letters. Uh ... Soldiers and Socialists.

What? 15. The mission and the powers of the victim support facility

1. Carrying out the mission of assisting victims by regulation of Article 40 of the Law. Pl No, no, no, no, no, no.

2. Have the right to require a co-ordinated authority t Ah! c The safety measures for victims of beet rule. a the law.

3. Employed by employers at the facility. Recruitment, use l It ' s working on the rules of the labor law.

4. Mobilized domestic and foreign sources to carry out the assistance of the victim.

What? 16. The responsibility of the victim support facility

1. Operating in accordance with the right content, the scope of the activity specified in the License established.

2. The responsibility to announce the operation of the victim support facility:

a) In the 30 (thirty) days l work, since the date of the establishment of the Establishment Permit, the victim support facility must notify local newspapers or Central newspapers in the 05 (year) number of continuous numbers of information about the name, contact address, area of operation, account, surname and t. Hey. n the head, the number.

b) Before 15 (ten l What? m) the day of work, since the date of the start of operation, the basis of written notice with the Department of Labor-Trade and Social Affairs on the date of the start of operation and field of operation;

c) At the headquarters of the facility there must be a sign of the name of the victim ' s support base, phone number, address. In case of foreign language use, the foreign size must be smaller and microt. What? At the bottom of the alphabet. What? Vietnamese. The facility must have a preliminary Oh. the work parts and must be publicly listed with the copy of the established License (which has a testimony) at the headquarters.

3. The periodic report on the results of the operation supports victims with the Department of Labor-Trade and Social Affairs by regulation.

What? 17. temporarily suspend operation, revoking the license to form

1. The chairman of the Provincial People ' s Committee decided to temporarily suspend the facility to support the victim in the following cases:

a) The victim support facility has not yet guaranteed the conditions of operation under regulation at Article 4 of this decree; it does not implement the correct regulations, guidelines for the support of victims of the Ministry of Labor and Social Affairs and Social Affairs;

b) The victim's support base did not take responsibility for regulation at Article 16 of this decree.

2. Chairman of the Provincial People ' s Committee revoking the license to establish a h I have Aid victims in the following cases:

a) The victim support facility does not operate during the time of 06 (six) months, since the date of the establishment of the license established; cease operation 06 (six) consecutive months without notice to the Department of Labor-Trade and Social Affairs;

b) There are signs or grounds that the facility is operating in support of the operation. n Yes. A man. Okay. buying people, buying children; exploitation, forced labor or other illegal activities;

c) The victim's support facility does not report. Shit. By the regulations of the Ministry of Labor-Trade and Social Affairs on the operation of the facility; do not submit the report in love. And Detective's tumor, ki. Okay. Check in the 60 (sixty) date, since the day of the inspection agency, check out to a written request;

d) The victim's support facility violates the provisions of the degree, resupply, modification, addition, extension of the established License under the stipulation at Section 1 Chapter II This decree;

Temporarily, the suspension of the operation that the victim supports did not follow the requirements of the inspection agency, the inspection. .

3. In the time of 3 (three) working days, since the date of the mapping of the violation of the victim ' s support facility pursues to Clause 1 and Clause 2. Okay. This u, the Director of the Department of Labor-Trade and Social Affairs must make a proposal to the Chair of the Provincial People's Committee to review, decide on a temporary suspension of the operation or revoking the establishment permit of the victim's support facility.

4. During the period 05 (year) day of work, since the date received v What? n recommended by the Director of the Department of Labor-Trade and Social Affairs, Chairman Proxy The people of the provincial population consider, the decision to temporarily suspend operation or revoking the license to form.

What? 18. End of operation of the victim support facility

1. Support base to The victim burps ended up in the following cases:

a) At the suggestion of the organization, the individual founded;

b) End of Yeah. i restrict activities under the Establishment Permit which organizes, the established individual does not recommend the extension;

c) The full time of operation under the Establishment Permit without a limited jurisdiction;

d) B Shit. revoked the license to form under the provisions of Article 2 Article 17 of this decree.

2. Procedure, the time of recommending operation to the specified case at Point A 1 This includes:

a) The organization, the individual founded as a petition to end the sample activities provided by the Ministry of Labor-Trade and Social Services to send the Department of Labor-Trade and Social Affairs where the victim supports the headquarters;

b) In time of 05 (year) l The job, since the day received the petition to end the operation, the Labor Department-Trade and Social Affairs must have the text of the Chair of the Provincial People's Committee to review, decide;

c) In time of 05 (year) l work, since the day of receiving the text of the Department of Labor-Trade and Social Affairs, the Chair of the Provincial People ' s Committee must have a written opinion.

3. In the period of at least 30 (thirty) working days, before the date of the expected termination of the operation by regulation at Point a and Point b 1 This, the head of the support base. to Victim's bursting victim has to send a message to the Department of Labor and Social Services where the facility is based on ending operations, the solution to the victim, the worker, who has the right, obligations, and other related benefits. The expected end of operation must be publicly announced at the headquarters of the facility.

In time of 15 (fifteen) Oh. Work, k. Okay. from the day the Chairman of the Provincial People ' s Committee decided not to renew the license to establish a victim support facility or date of rule What? Set h Oh. i Gi All Under the rules at Point c, Point 1 This Article, the Provincial People's Committee must publish the termination of the operation and specify the timing of the operation of the victim's support base.

Chapter III

SUPPORT MODE, SEQUENCE, PROCEDURE THAT PERFORMS SUPPORT MODE ON THE VICTIM.

What? 19. The regime supports the essential needs and travel costs.

1. Support objects include the following cases:

a) The victim was Vietnamese citizen, who did not have citizenship in Vietnam, foreigners bought in Vietnam;

b) The person in the time waiting for verification is the prescribed victim at Article 24, Article 25 of the Law Pl No, no, no, no.

c) The juvenile is with the victim.

2. Support mode:

a) Food support during the temporary stay at the facility in Backup, the victim's support facility. Maximum support time from the state budget source is no more than 60 (sixty) days;

b) Support for clothing, living items Cough. You know, the individual needs it. The victim during a temporary stay at the social protection facility, the victim ' s support facility was granted 502 (two) long clothing sets, 02 (two) underwear garments, towels, plastic sandals, brushes, toothpaste, soaps, sanitary pads (for female victims);

c) The victim had aspirations. to It ' s not possible to pay for the car and the money during the travel time, which is supported in the days of the road; support for vehicle money in public transport prices.

The victim was a juvenile, the Labor Department-Trade and District Social, the district, the provincial town (later called together). l The Department of Labor and Social Affairs, or the Department of Public Affairs, or the Ministry of Public Affairs, is responsible for themselves or in coordination with the victim's support facility, the social protection facility that takes victims home to where the relatives are residing.

3. The responsibility to do the support:

a) The agency is responsible for carrying out the necessary essential needs at Point a, Point 2 Article 2 This includes: The People's Committee; the public body, the border department, the marine police (the unit of reception, the rescue of the victim); the facility supporting the victim; the body. Social protection.

The case of the People's Composition Committee; the public office, the border guard, the marine police (the unit of reception, the rescue of the victim) had no provision for the feeding, which was for the victim, after receiving, rescue and making procedures for identifying the victim, the receiving agency, Saving the victim's transfer to the social protection facility, the victim's support facility to carry out the prescribed support.

b) The agency is responsible for supporting the vehicle and the money prescribed at Point 2 Article 2: The Chamber of Labor-Trade and Social Affairs, the social protection facility, the facility supporting the victim.

The case of the victim was a juvenile, the social protection facility, the victim ' s support facility that was responsible for the guardian during the course; the victim was at the facility, when doing things. brew It's legal to return to the residence.

4. Based on the regime's support modes stipulated at Clause 2 This and the actual situation of the locality, the regulatory bodies at Section 3 This is set up in the annual regular budget of the approved authorship unit.

What? 20. Medical Assistance

1. Support subjects include victims during the stay of residence at the social protection facility or the victim support facility.

2. Medical assistance is included in the cost of medical treatment and the cost of healing.

3. In Time to At the social protection facility or the victim support facility, the victim is taken care of medical care to recover his health. The case of severe illness has to move to a medical facility, which costs medical treatment, treatment at a medical facility caused by the victim or family. What? Self-payment.

For poor, poor households, the policy family under the French-based policy of preferable to the revolution, the juvenile was given the basis of supporting the victim's assistance, treating the disease at the expense of the health insurance fund paid to the victims. the corresponding object. For victims no longer relatives are given the basis of the cost of medical treatment, treating the disease at the same level by the health insurance fund paid to the subject of the poor.

Where the subject has a health insurance card and shelf life, the health insurance fund pays the costs of the health insurance, treating the health of the health insurance law.

4. School. The victim died during the residency at the patronage facility or the victim ' s support facility, after 24 (twenty-four) hours, since the conclusion of the competent authorities that the patient did not arrive in time or without burial conditions the social or social protection facility was in place. The facility supporting the victims is responsible for the operation. g . The medical examiner cost, the cost of burial made by regulation to the object at the Social Protection Center.

5. The base stipulated at Section 3 and Section 4 This and the actual situation of the local, the x-supported basis. Oh, The institution, the establishment of the victim's aid, set up a cost-of-five-level medical assistance that has the authority to approve.

What? 21. Mental support

1 . Subject support includes victims during the stay of residence at the social protection facility or the victims ' support facility.

2. Psychological support for victims of counseling, psychological consultation for victims and carrying out group therapy therapies.

3. Social protection or support facilities to Victims are responsible for organizing support activities that help victims of psychological stability during the retention period. to For the victim, he was not a member. Hey. n, the social protection facility, the basis of support for the victim in connection, assessment of the degree of security. o Thousands of thousands of victims of their victims were returned to their families or residence before the victim was taken. to Come back.

What? 22. Legal Aid

1. Support objects include:

a) The victim was Vietnamese citizen, who did not nationality in Vietnam;

b) The victim was a foreign buyer in Vietnam.

2. The legal aid regime includes: Counsel of law to prevent being bought back; aid as a criminal procedure. What? The household, the household, received the support, the compensation, the damages, and other legal procedures involved in the sale of the person.

3. Sequence, Procedulation to Legal heartburn is done under the law of legal aid.

What? 23. Support for cultural education, vocational education, initial financial assistance

1. The victim supports the victim as Vietnamese citizen, who is not a permanent resident of Vietnam.

2. The regime supports cultural, vocational, and initial difficulties with:

a) Victims of the poor are exempt from tuition fees and supporting the cost of learning by the law of the present law;

b) The victim with vocational needs is supported once a career cost. The level of support under the cost of vocational training at local vocational training facilities;

c) For the poor of the poor, returning to the residence was supported for a time when the initial financial allowance was granted by the Ministry of Finance, Ministry of Labor, Trade and Social Affairs.

3. The procedure of carrying out the aid of cultural and academic assistance, the initial difficult allowance for the victim is prescribed as follows:

a) The profile offers support included: The victim 's support proposal or of the victim' s family 's confirmation of the Social People' s Committee on the sample. d o Ministry of Labor-Trade and Social Regulation; the text of the agency with the authority to confirm the offer of assistance is the victim;

b) Solution sequence and duration:

In the 12 (twelve) months, since the date was confirmed by authorities as victims, victims, or victims of the victim's application to the People's Committee on the residence.

During the period of 3 (three) working days, since the day of receiving the victim's application or the victim's family, the Chairperson of the Social People's Committee sets up the filing of the Chamber of Labor-Trade and Social Affairs of the district.

In the period of 05 (year) day of work, since the date of receiving sufficient notice of the Social People 's Committee, the Chamber of Labor-Trade and Social Affairs is responsible for appraisal, the Chair of the District People' s Committee review, the decision. .

In time of 03 (3) days l Work, since the day of receiving the text of the Chamber of Labor-Trade and Social Affairs, the Chairman of the Committee of the People's Committee to review, decide on the aid of cultural, apprentifully, professional assistance to the victim.

What? 24. Capital loan support

The victim has the need to borrow capital to produce, the business is considered to facilitate capital borrowing from the Social Policy Bank. Conditions, deadages and loan capital levels follow the current regulation for the following: d It ' s a loan from the National Fund to deal with it.

Chapter IV

STATE MANAGEMENT RESPONSIBILITY VICTIM SUPPORT

What? 25. The responsibility of the Ministry of Labor-Trade and Society

1. Build and enact jurisdiction or agency with a competent authority to enact a specific regulatory law-specific law on the condition of the establishment of h ... I have The victim, the victim's support for the victim.

2. Direction, guide, priest. y The media and the organization to implement the implementation of the law of law, the regimes, the policy of supporting the victim.

3. Check, inspector, resolve the complaint, denounce and dispose of the violation of the law on the granting, repetition, modification, addition, renewal of the established License, the operation of c. Uh ... Victims of victims and the regime, the policy of supporting the victim.

4. Training, raising capacity for the staff. l We ' re going to work with the victim ' s support. What? About supporting victims.

What? 26. The responsibility of the ministries, industry

1. The Ministry of Finance chaired, in coordination with the Ministry of Labor-Trade and Society that regulates the content. i , the extent to which the victim supports the victim and the level of the extent of the victims ' support of the victim stipulated at this decree.

2. Ministry: Public Security, Quan Stain. c room, Foreign Affairs, Health, Education and Training, Justice and ministries, the glass industry. Hey. In terms of its function, duties and powers are responsible for coordinating with the Ministry of Labor-Trade and Society to implement state management of the assistance of victims.

What? 27. The responsibility of the Provincial People ' s Commission

1. The People's Committee is in the scope of its scope, its powers to implement state management of the support of the victims; the guidelines for the Committee of the District and the township to perform the assistance of victims by regulation.

2. The direction of facilitalization of the victim's assistance to the victim within the jurisdiction of the law is governed by law; the funds are guaranteed to carry out the provision of the victim's assistance in accordance with this decree.

3. The organization performs the granting, reorganization, modification, addition, extension, acquisition of the Establishment Permit; management, monitoring, inspection, and breach of breach of the operation of the victim's support facility.

4. Check out the implementation of policies, legislation on the support of victims on the site; in aggregation, periodic reporting, and groundbreaking work on the victim in accordance with the provisions of the Ministry of Labour-Trade and Social Affairs.

Chapter V.

EXECUTION CLAUSE

What? 28.

This decree has been in effect since 15 April 2013.

What? 29.

The Ministers, the Prime Minister, the Head of the Government of the Government, the Chairman of the Provincial People's Committee, the Central Committee of the Central Committee, is responsible for the implementation of this decree.