CIRCULAR detailing the registration procedures, dissolving the base support for victims of domestic violence; basis consultant on prevention of domestic violence; standards of the staff; staff card, certified health care professional, consulting and training family violence prevention _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law, against family violence no. 02/2007/QH12 on November 21, 2007;
Pursuant to Decree No. 12/2009/ND-CP dated April 2, 2009 the Government detailing and guiding the implementation of some articles of the law on prevention of domestic violence;
Pursuant to Decree No. 185/2007/ND-CP on December 25, 2007 of the Government functions, tasks, powers and organizational structure of the Ministry of culture, sports and tourism;
The Ministry of culture, sports and tourism issued this circular stipulates some content in clause 3 of 36 Articles of law family violence prevention; Article 15, article 16 of Decree No. 12/2009/ND-CP dated April 2, 2009 the Government detailing and guiding the implementation of some articles of the law on the prevention of family violence as follows: article 1. Scope this circular detailed regulations: 1. registration procedure; dissolution of the base to support victims of domestic violence; basis consultant on prevention of domestic violence;
2. standard of counsellors; the card-level counsellors; certified health care professional, advice on the prevention of family violence;
3. Training on family violence prevention.
Article 2. The functions and tasks of the facility to support victims of domestic violence; basis consultant on prevention of family violence 1. The basis of support for victims of domestic violence have the function of assisting victims of domestic violence and advice on the prevention of family violence include: health and health care consultant; medical care; legal advice; psychological counseling; offers getaway in case of family violence victims without other accommodation; support some necessities of food, drinking water, supply or lend clothes, blankets and other essential supplies for the victims of domestic violence.
2. Foundations consulted on prevention of domestic violence law advisory functions; psychological counselling for the subjects have included consulting needs of victims of family violence, the causes of domestic violence and others.
Article 3. Registration record of the basis of support for victims of domestic violence; basis consultant on prevention of family violence 1. Active application of the basis of support for victims of domestic violence under the form of M4b; basis consultant on prevention of domestic violence in the form of M4a attached herewith;
2. The draft regulation on the operation of the facility to support victims of domestic violence; basis consultant on prevention of domestic violence. Regulation must have the following basic content: a) goal, the name, the area and the scale of operation of the facility to support victims of domestic violence; basis consultant on prevention of domestic violence;
b) organizational structure, relationship in the direction, the base operating support to victims of family violence; basis consultant on prevention of domestic violence;
c) the responsibility of the head, direct care staff, consultants and others who work at the base to support victims of domestic violence; basis consultant on prevention of domestic violence;
d) responsibilities, the rights of victims of domestic violence when it is received on the basis of support for victims of domestic violence; basis consultant on prevention of domestic violence;
DD) responsibilities, rights of the person to cause domestic violence when it is received on the basis of advice on the prevention of family violence.
e) property management principles, financial and administrative nature rules consistent with the characteristics of the base type to support victims of domestic violence; basis consultant on prevention of domestic violence.
3. the written confirmation of the people's Committee of the communes, wards and towns (hereinafter referred to as the social worker committees) on the basis of support for victims of domestic violence; basis consultant on prevention of domestic violence based on set operations.
4. A demonstration of financial resources, which stated the following: a) the financial situation of the existing facility (including: cash, deposits in your account at the Bank, the Treasury); the funds if the recipient from sponsorships, it should state clearly the Organization's name, address, personal finance, the money, the artifacts and the funding time.
b) financial resources are committed to ensuring the operation of the facility (if any).
5. the curriculum vitae of the head base to support victims of domestic violence; basis consultant on prevention of domestic violence have the confirmation of the people's Committee of the social place of residence or the State agency that manages the head; list of counsellors meet standards specified in article 10 of this circular; list of people who work at the base of the head and accompanied by a copy of the certificate of training on family violence prevention in the form of M3a or M3b competent agency specified in clause 1 article 14 of this circular. In the case of people working at the facility does not yet have a certificate of training on family violence prevention, then in the profile must specify the join plan training for these people.
6. Records was formed into three sets: two sets submitted to the Department of culture, sports and tourism (if competence certification of registration activities of the provincial people's Committee), or Department of culture and information (if the certification authority registration is of the people's Committee of the district level); a store at the facility.
Article 4. The receiving process, appraisal of records and certificate of registration 1. The competent agency specified in clause 6 of article 3 of this circular receiving records and issue a receipt for the filing party. Within 15 working days from receipt of a valid application, the Agency received the records must have a profile assessment results. In the case of records not yet valid, then the receiver profiles are responsible for complete facility guide profile, the time limit for the evaluation results, to be counted from the receipt of a valid application.
Within 5 working days since the results of the evaluation, the evaluators must submit a profile and a base assessment advice to victims of domestic violence under the denominator M5a, the basis of support for victims of domestic violence under the denominator M5b attached to this circular to the competent people's Committee provided for in article 17 of the Decree number 08/2009/ND-CP to subscription certification activities for the facility.
2. within 10 working days from the date of the application and the assessment report, the competent authority specified in article 17 of Decree 8/2009/ND-CP is responsible for the certification of registration activity for base advice on family violence prevention in the form of M6a1 , the basis of support for victims of domestic violence under model number M6b1 attached to this circular. The case refused to grant certificates of registration they must clearly state the reason in writing.
3. Regulation of the activity of the facility is the certification body registration approval simultaneously with the grant of a certificate of registration to the base.
Article 5. Procedures to renew, refresh, change of registration certificate 1. In the case of a certificate of registration of the facility to support victims of domestic violence; foundations consulted about family violence prevention upcoming expiry provisions, if the basis of the needs continue to operate, they must ask permission renewed.
a) record the registration certificate renewal activities including:-application to renew the certificate of registration;
-Registration certificates expire registration;
-Report summarizing the operations of the facility during operation is allowed.
b) records suggest the extension of the certificate of registration was filed at the competent people's Committee provided for in article 17 of Decree 8/2009/ND-CP. within 10 working days from receipt of a valid application, the competent people's Committee is responsible for reviewing , allows the renewal of a certificate of registration. Time was recorded on the back of the certificate of registration. Regulations if there are modified, the addition of the approved establishments with the renewal of a certificate of registration to the base.
If it does not agree to the extension, the people's Committee has the authority to answer in writing, stating the reasons.
c) facility was renewed registration certificate is responsible for notification in writing (attached a copy of the revised regulations, the approved supplement) with the State administration of culture, sports and Tourism Authority specified in clause 6 of article 3 of this circular to the track , management.
2. In the case of a certificate of registration of the facility to support victims of domestic violence; basis consultant on prevention of domestic violence is lost, broke or damaged the basis of reissued certificate of registration.
a) records reissued certificate of registration including:-application level registration certificate;
-Registration certificate (in case of torn or damaged);
-A copy of the certificate of registration or regulation of approved activities (in the case of registration certificate is lost).
b) recommended records re-issued registration certificates be filed in the competent people's Committee provided for in article 17 of Decree 8/2009/ND-CP. Within 15 working days from the date of receipt of a valid application, the competent people's Committee issued the registration certificate back to active to base advice on room family violence prevention in the form of M6a2, support victims of domestic violence in the form of M6b2 of this circular. If not agree, must respond in writing and stating the reason.
c) basis is granted back the certificate of registration is responsible for notification in writing (attached a copy of the certificate of registration is granted) for the State administration of culture, sports and Tourism Authority specified in clause 6 of article 3 of this circular to the track , management.

3. In the case of the basis of support for victims of domestic violence; basis consultant on prevention of family violence has a change of name, address, headquarters, head of active content, then the base was active registration certificate.
a) change record certificate of registration include:-form change of registration certificate;
-Certificate of registration has been issued to the facility;
-Papers related to content changes (names, address, head, active content).
b) records suggest change the registration certificate was filed at the competent agency specified in clause 6 of article 3 of this circular. When receiving records, the agency receiving records is responsible for granting the receipt for the filing party and conduct evaluation of records within 10 working days from receipt of the valid application. In the case of records not yet valid, then the responsible authority Guide complete facility profile, the time limit for the evaluation are counted from the receipt of a valid application.
c) within three working days since the results of the evaluation, the evaluators must submit a profile and assessment thereon under model number 05 attached to this circular to the competent people's Committee provided for in article 17 of Decree 8/2009/ND-CP to change the registration certificate for the base.
d) within 7 working days from the date of the application and the assessment report, the competent people's Committee provided for in article 17 of Decree 8/2009/ND-CP is responsible for change of business registration certificate for the base advice on family violence prevention in the form of M6a1 , the basis of support for victims of domestic violence under model number M6b1 attached to this circular. The case refused to change the registration certificate must clearly state the reason in writing.
DD) Regulations amendments and supplements of the basis is the certification body registration approval simultaneously with the grant of a certificate of registration to the base.
Article 6. The responsibility of the head; people directly involved in health care; advice and support to victims of family violence; basis consultant on prevention of family violence 1. The Director is the head of the facility to support victims of domestic violence; basis consultant on prevention of domestic violence. The Director is responsible for comprehensive operations of the facility before the law; to sign labor contracts with employees, employees working in the base and the partners (if any) under the provisions of the labour legislation (except for the volunteers working for the facility within a period of not more than 3 months and not receiving remuneration). The management of employees, workers in establishments under the regulation is approved.
2. People directly involved in the care of victims of domestic violence; advice on prevention of family violence must comply with professional ethics, does not disclose personal information about the consultation, caring for others unless there is a decision of the competent State bodies or the consent of the victim; respect, share and help to victims of domestic violence and people should be consulted on prevention of domestic violence.
3. The responsibility of the facility to support victims of domestic violence; basis consultant on prevention of family violence: a) the basis of support for victims of domestic violence; basis consultant on prevention of family violence when receiving the care, advice to track and log are information security under the provisions of the law on prevention of domestic violence;
b) basis to support victims of domestic violence; basis consultant on prevention of domestic violence was only denied the reception of victims of domestic violence, who come for the consulting case of the object deliberately violated the regulations of the facility; the object receiving the incorrect functioning of the facility;
In the case at the time of receipt, the number of people exceed the capacity specified by the facility head of the facility, must be reported to the people's Committee of the commune/ward/town where the seat base to to timely solve;
c) basis to support victims of domestic violence; basis consultant on prevention of domestic violence made financial management, property of the base under the provisions of the current law. Expenditures from these funds must be made public, democratic, in accordance with the provisions of the regulations have been approved, the agreement with the donor and in accordance with the law;
d) facility to support victims of domestic violence; basis consultant on prevention of domestic violence is responsible for performing the activity reports regime six months and report in on time may 15 and November 15 each year, according to the model of M7b; M7a attached to this circular for the State administration of culture, sports and Tourism Authority specified in clause 6 of article 3 of this circular and the social people's Committee where the base headquarters.
Article 7. Rights, the responsibility of the person who is receiving on the basis of support for victims of domestic violence; basis consultant on prevention of family violence 1. Victims of domestic violence, the causes of domestic violence and those who are in need of counseling upon receipt on the basis of support for victims of domestic violence; basis consultant on prevention of domestic violence receive care, advice according to the regulations of the competent authorities provided for in article 17 of Decree 8/2009/ND-CP for approval and was right to complain, in case of detected violations of the law. The order, complaint procedures, the denunciation made under the provisions of the law on complaints and denunciation.
2. The person who is receiving on the basis of support for victims of domestic violence; basis consultant on prevention of family violence are responsible for compliance with the regulations of the facility is the competent State agencies for approval.
Article 8. Dissolution of the base to support victims of domestic violence; basis consultant on prevention of family violence 1. The Agency has issued a certificate of registration prescribed in article 17 of Decree 8/2009/ND-CP is the agency competent to dissolve the basis of support for victims of domestic violence; basis consultant on prevention of family violence in the following cases: a) as proposed by the Agency, organization or individual that has formed the basis;
b) active duration ends has stated in the certificate of registration and regulation of activity of establishments that are not competent authority defined in article 17 of the Decree 8/2009/ND-CP for extension;
c) revoked certificate of registration or be deprived of the right to use a certificate of registration by decision of the competent authority.
2. Before the dissolution, the basis of support for victims of domestic violence; basis consultant on prevention of family violence must fulfill the obligations on finance, property under the provisions of the law.
3. When was dissolved, the base must cease its activities when get to decide the dissolution of the competent bodies.
4. Within 15 working days from the date of the decision to dissolve or 7 working days from the date of the decision to dissolve as defined in point a, paragraph 1 of this article, the basis of support for victims of domestic violence; basis consultant on prevention of domestic violence to file a certificate of registration for the Agency was to remove the name from the registry.
Article 9. Standard of care staff; advice on family violence prevention standards of care staff, advice on prevention of domestic violence stipulated in paragraph 1 article 15 of Decree 8/2009/ND-CP, are specified as follows: 1. Standard for quality of ethics: good ethics, quality does not violate the law or violate but was cleared of the judgment; in the process of practice must comply with regulations of the base and the other provisions of the law;
2. Standards of knowledge: a) has a high school diploma or higher. This standard applies only to those employees of care, advice in the base of support for victims of domestic violence, advice on family violence prevention is the competent authority specified in article 17 of Decree 8/2009/ND-CP;
b) have the care or advice on family violence prevention by the competent person specified in clause 1 article 11 of this circular.
3. standard of experience: at least 1 year of activity in one or more areas of legal advice, health care, psychology, administration, organization, where that person or people's Committee of social place that resident.
Article 10. The authority and procedures, level back, withdraw the card and care Card staff counsellor 1. The Director of the Department of culture, sports and tourism has issued the card and care Card staff counsellor.
2. the recommended records issued the card care staff; Staff card include: a) petition card care staff; Staff card;
b) health certificate by the competent medical authorities;
c) verification the process of the work or activity in the field of advisory bodies, held that where the work or the people's Committee of social place that residence;
d) copies are certified professional certification to care or advice on the prevention of family violence;
DD) 3 photo size 3 x 4 cm. 3. Within 7 working days from the date of receipt of a valid application, the Director of the Department of culture, sports and tourism is responsible for card-level counsellors under model number of M1a1, card care staff under model number M1b1 attached to this circular. No case to answer, in writing and stating the reason.
4. in case the card is lost, torn or damaged, then the care staff, consultants are advising staff card form of M1a2; care staff under model number M1b2 attached of this circular. The term card is 7 working days from the date of receipt of a valid application. Profile card include: a Single card recommended);
b) old Card (in case of torn or damaged);
c) copies are certified professional certification to care or advice on family violence prevention.
5. the competent person specified in clause 1 of this article has the authority to revoke the employee Card Employee Card and care advice in the following cases: a) the card care staff; staff card was granted contrary to the provisions of the law;

b) Who issued the card to have violations of the law on prevention of domestic violence or violation of professional ethics which cause severe effects on health, honor, spirit of the people consulted.
6. Revocation card must have the written decision informing individuals recovered and facilities management of personal or communal people's Committee, Ward, the place of permanent residence.
7. within 7 working days, since the decision to revoke the card as specified in point a, point b paragraph 6 of this article, who revoked card must return the card at the Department of culture, sports and Tourism Authority.
Article 11. Certificate of professional care, advice on the prevention of family violence 1. The Director of the Department of culture, sports and tourism authorities certified health care professional under the form of M2b professional certification and advice on the prevention of family violence under the form of M2a attached herewith;
2. People who want to be professional certification level of care, advice on the prevention of family violence must be the Agency, held forth in clause 1 article 14 of this circular has certification training, training and must pass the exam score a minimum of 50 points or more out of every 100 tests by the Department of culture , Sports and tourism organizations.
3. registration dossiers are submitted to the Department of culture, sports and tourism, comprising the following documents: a) check the registration Application;
b) have passed certification training training health care profession; advice on prevention of family violence;
c) curriculum vitae of the Agency where the person works or of the people's Committee of social place that residence;
d) 2 Photo 3 x 4 cm size. 4. An annual or periodic basis based on the number of people registered professional certification exams on the care of victims of domestic violence; Certificates advice on the prevention of family violence, Department of culture, sport and Tourism announced at least on a daily newspaper of the central or local in three consecutive number on the Organization of the competition and make a list of people who have achieved the required test scores suggest the competent person specified in clause 1 of this health care professional certification; Certified professional advice on the prevention of family violence.
5. The Director of the Department of culture, sports and tourism established the Board exam and evaluation of exam results. Exam content is specified in clause 1 article 12 this circular for the certification exam care staff support for victims of domestic violence and item 2 article 12 this circular for the certificate examination staff advice on family violence prevention.
6. Within 15 working days from the date of notification test results, the test participant has the right to request the Council to check welfare check or submit a complaint about the test results to the Director of the Department of culture, sports and tourism.
Article 12. Training content, training health care services to victims of domestic violence; advice on prevention of family violence 1. Training content, training on the care, support for victims of domestic violence: a) the purpose, the meaning of family violence prevention;
b) The basic content of the law on prevention of domestic violence; marriage and the family and gender equality;
c) first aid skills family violence victims;
d) content, methods and skills for the care of victims of domestic violence;
DD) method reports, statistics on family violence prevention.
2. training content, training consultants about family violence: a) The provisions in points a, b and paragraph 1 of this article;
b) behavior skills in the family; skill to behave when there are conflicts, disputes between family members;
c) content, consulting skills, methods and skills in conflict mediation, family disputes, intervention skills, prevent family violence.
Article 13. The subject of training, training on prevention of family violence to be training on family violence prevention in accordance with the paragraph 3 to article 36 of law, family violence prevention, article 6 and article 15 of Decree 8/2009/ND-CP, are specified as follows: 1. The object must pass a training course health care professional training, support for victims of domestic violence or advice on the prevention of family violence;
a) Who do the work of family counselling in the base, including: public servants do socio-cultural work; officials and public servants to do the work of the judiciary; the medical staff; officers of the Vietnam Fatherland Front Committee; Vietnam Women's Union; The delegation of Ho Chi Minh Communist Youth; Farmers Association; Veterans Association; The society for the elderly; members of reconciliation;
b) who work at the base to support victims of domestic violence; basis consultant on prevention of domestic violence, including: people have signed labor contracts with the base, the collaborators of the base. The counsellor is the card advice not to join the first training but must participate in periodic training according to the provisions of point b paragraph 4 article 14 of this circular.
2. encouraging audience participation is all the people who need to be trained, caring professional support to victims of family violence; advice on prevention of family violence.
Article 14. The Organization of training, training and certification training on family violence prevention 1. Training organizations, training on prevention of family violence: a) encourages the bodies, social organizations, unions organize professional training to care for victims of family violence, professional advice on the prevention of family violence. Agencies, unions, social organizations if condition and ability training on family violence prevention is organizing training and certification training on prevention of family violence under the form of M3a and M3b attached to this circular for the objects specified in article 13 this circular after registration and approval about the program and the training content of the Department of culture, sports and tourism base organizational training places;
b) institution if the conditions and possibilities of training, training on prevention of family violence can organize training, training and certification training, training on prevention of family violence under the form of M3a and M3b attached to this circular for the objects specified in article 13 this circular after has registered about the program, the training content, training with the Department of culture, sports and tourism, where the location of the institution.
2. training of trainers, training on the health care profession, advice on the prevention of family violence must be of university level about the social and health sectors, have at least 10 years of operational experience in the field or on the prevention of domestic violence.
3. The certificate has passed health care professional training, advice on the prevention of family violence are level has a time limit of 10 years; The certificate has passed health care professional training, advice on the prevention of family violence are level has a time limit of one year. After this time limit people with expired certificate must pass the test key to do extended certificate, test scores must reach from 50 points or more out of 100 of each subject test. Who underwent 3 consecutive test for the training course will be certified no time limit.
4. The form and training time, training a) form of training and training held focus.
b) training time, training-training time for the objects specified in article 13 this circular by the institution to decide, but each training course of at least 30 days;
-First training: at least 3 days for the objects specified in clause 1 article 13 this circular; at least 10 days for the object specified in item 2 article 13 this circular;
-Periodic training: the object prescribed in clause 1 article 13 this circular must be periodic training for at least 1 year with training time at least 1 day to additional, updated information, legal documents, new knowledge about the prevention of family violence.
5. the cost of training organizations, training a) funds training, training for specified objects clause 1 article 13 this circular are retrieved from the provincial budget for the prevention of domestic violence;
b) funds training, training for the object specified in item 2 article 13 this circular base by nominating students or individuals involved in pay;
c) The currency, financial management and expenditure made in accordance with the law.
Article 15. Effect 1. This circular effect since April 30, 2010.
2. During the implementation process, if there are obstacles to timely reflect the recommendation in writing to the Ministry of culture, sports and tourism to research, edit, Supplement.