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Circular 05/2009/tt-Bldtbxh: Guidelines For The Organization And Operation Of The Facility To Support Victims By Decision No. 17/2007/qd-Ttg Dated January 29, 2007 By The Prime

Original Language Title: Thông tư 05/2009/TT-BLĐTBXH: Hướng dẫn tổ chức và hoạt động của Cơ sở hỗ trợ nạn nhân theo Quyết định số 17/2007/QĐ-TTg ngày 29 tháng 01 năm 2007 của Thủ tướng Chính phủ

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Pursuant to Decree No. 186/2007/ND-CP on December 25, 2007 of the Government functions, tasks, powers and organizational structure of the Ministry of labor, invalids and Social Affairs;

Pursuant to decision No. 17/2007/QD-TTg dated January 29, 2007 by the Prime Minister issued the regulations to receive and support community reintegration for women, children trafficked from abroad to return;

After reaching the comments with the Ministry of Interior; The Ministry of finance; The Ministry of Justice; The Ministry of planning and investment and the ministries concerned, the Ministry of labor, invalids and Social Affairs Guide to some of the content on the establishment, organization and operation of the facility to support victims by decision No. 17/2007/QD-TTg dated January 29, 2007 by the Prime Minister as follows: i. ORGANIZATION of VICTIM SUPPORT BASE 1. The name of the victim support base name of victim-assistance basis prescribed in this circular are called victim support centre 2. The principle established victim support centre the victim support centre by the President of the people's Committee of the central cities, where a gate, borders decided to establish based on the local needs and the following principles: a) grounded in reality , trafficking in women, children take place locally.

b) number of victims are the police and the frontier of receiving, the local and the other city, centrally.

c) clearly define the goals, functions and tasks of the Centre, not overlapping with the functions and duties of the base, the Center has been established before.

d) ensure adequate conditions of officers, organization, facilities, funding to maintain sustainable operations and effectively of the Center.

3. Conditions on the base material of the victim assistance center a) victim support centres are located at convenient locations on traffic, schools, hospitals and eligible for living.

b) victim support centre to ensure the minimum conditions of the facilities cater to active, about land, natural area in the room of the object; There are separate areas for organizing the activities of psychological counseling, the quarantine area for victims suffering from mental trauma, treatment area. In the room must be equipped with necessary accessories such as bed, cabinets, tables and chairs; in the area, the work of the staff, the kitchen, the toilet, entertainments, communication system, electricity, water and sewage treatment, according to environmental regulations.

c) where the victim support centre is located in the area of the social base or the base of healing in the labor sector, invalids and society must have separate areas, walkways, separate ports.

4. victim support center is a public career units directly under the Department of labor, invalids and Social Affairs, has legal personality, seal, have the account and a private office.

5. The sequence of procedures established victim support centre undertaken under the provisions of Decree No. 83/2006/ND-CP dated 17/8/2006 of government regulation sequence, procedure for establishment, dissolution, reorganization of administrative organization, held the State career. The Agency assessed the establishment of victim support centre is the Department of labor, invalids and Social Affairs.

6. The function of victim support centre support Center function of victim support women, children are the victims and the victims of trafficking returning from abroad, are the authorities in Vietnam to receive, sort, rate and delivered to the center based on the voluntary consent of subjects to continue to support, through the provision of Health recovery services, psychological counseling, legal career, and prepare for community reintegration.

7. The Mission of the victim assistance center a) supporting health, psychology, education match each ages, aspirations and ability to meet victims of the base.

b) life skills education, careers, employment referrals for victims.

c) ability community reintegration of the victims, providing information on the policy, the victim support services in the community.

d) Create favorable conditions, support relevant agencies continue to verify identity, address and put victims back to their families, communities.

e), provides the information necessary for the competent authorities to serve to prevent and investigate crimes.

g) management and the effective use of legal sources of funding.

8. Organization of victim support centre the victim support centre consists of the Director and Deputy Director. The Director is responsible for comprehensive operations of the unit, the Vice President made several missions by the Director. The appointment of leadership titles follow government regulations about the management hierarchy of officers.

Leading cadres, staff victim support centre must have professional level training in social work or related professions to the medical field, the society according to the tasks to be assigned. The Director of the victim assistance Center must have a university degree the social disciplines; of health; the law. Special cases (without qualification) must have at least 3 years experience in managing, in charge of medical expertise, psychological or social justice, labor, invalids and Social Affairs and the authority of training class, training of professional social work.

 

II. ACTIVITIES Of The VICTIM SUPPORT CENTRE 1. The receiving object into the victim support centre support center victims receiving the object prescribed in article 1 decision No 17/2007/QD-TTg dated January 29, 2007 by the Prime Minister which has been receiving authorities on water and needed health care psychological counseling, before reintegration communities as defined in 3, point a2, clause 1, section II; more 3, item 2, item b2, point II; d, paragraph 3, Item II of circular No. 03/2008/BCA-BNG-BQP-BLDTBXH on May 8, 2008 of Ministry of public security, the Ministry of Defense, Ministry of Foreign Affairs and the Ministry of labor, invalids and Social Affairs.

2. The order and procedure of receiving victims at a victim assistance centre) the victim support centre receive direct console victims and records by the police and border guard authorities moved to sign the minutes, getting women, children trafficked from abroad back to form the minutes handed (BBBG-PNTE).

b) receiving record of the victim, including: declarations for women, children trafficked from abroad back to (model TK-PNTE), certificate for water (model CN-PNTE-A or model CN-PNTE-PA), report delivery women, children trafficked from abroad return (form BBGN-TE) information other documents, related to the victim (if available). The form used in point a, point b, paragraph 2, section II are attached to circular No. 03/2008/BCA-BNG-BQP-BLDTBXH on May 8, 2008 of Ministry of public security, the Ministry of Defense, Ministry of Foreign Affairs and the Ministry of labor, invalids and Social Affairs.

c) within 24 hours from the time the newsletter the minutes delivered, getting women, children as victims, the Director of the victim assistance Center, Director of the Department of labor, invalids and Social Affairs signed the decision to accept women, children as victims in the support center. The case of the victim assistance center in the distant mountains, backcountry, the time limit for a decision could take over but not exceed 48 hours. The decision must be made 4 a, 7 a save at the Department of labor, invalids and Social Affairs, 1 a save in the victim support centre, 01 sent to Committee level where Township resident victims to coordinate support for victims, 1 a delivery to the victims. The case of child victims, the delivery of the decision on the victim's family or sponsors (according to the Model QD-TNPNTE attached to this circular).

d) victim support centre on the shared track list of victims are receiving; common rules and regulations, check the map supplies bring page before putting in the victim support centre.

3. time of victims stay in victim support centres are not more than 30 days; for victims in need of health assistance, education, children in difficult family circumstances, the period of stay may be extended, but not more than 60 days from the date of receiving. Most of the time limit prescribed in this paragraph, for the victims are orphans, children are not helpless, the Director of the victim support centre transfer to social protection centre.

4. local case not established victim support center, which commissioned this for the basis of healing or the basis of social protection, the right of child victims is taken on the basis of the society. Putting children are victims on the social base or the base of healing based on the actual conditions of the locality based on the principle of ensuring maximum benefits made for children.

5. Care, victim support victim support centre must be made for health care operations, support for the following: a) the layout, where to eat in separate for women and children. Cases of children without relatives to accompany the Director of the victim support centre to arrange direct caregiver for the child.

b) medical care for victims in the heart of the victim support or move to appropriate medical center. Organize sports, recreational activities, particularly for the victims are children.

c) counseling, individual and group counseling; introduction and contact the legal aid centre to help victims find out about the rules of law, policies related to their rights and interests.

d) vocational education; contact, referral, support victims participate in vocational programs free of charge by the organizations and individuals providing, in or out of the Center.

e) support law enforcement agencies interviewing involves victims being trafficked and to protect the legal rights of the victim in the course of the proceedings. The case of the victims are children who need the support centre officer victim made a guardian when approached with law enforcement agencies as prescribed by law.

g) reviews the ability of community reintegration of victims about the extent of psychological stability, employment, family ties, community environment, preventive skills re trafficked.


h) associated closely with the police, labour, invalids and Social Affairs in the local to contact the family or relatives of the victims before they return to the family. For cases are children within 20 days before expiry, the Director of the victim support centre is responsible for notifying relatives (as a parent or guardian are people recognized Township Committee) take children on the place of residence or relatives arranged officers take on the family to have the supervision of the people's committees of communes , do the minutes handed children about reintegration community (according to the Model GN-TEVCĐ attached to this circular).

6. Funding of activities of the victim support centre funding assured, the content, the level of spending for the operation of the victim support centre, the basis of healing and social base was people's Committee Chairman granted the province assigned to support victims, follow the instructions in circular No. 116/TTLT-BTC-BLDTBXH on September 27, 2007 of the Ministry of finance Ministry of labor, invalids and Social Affairs.

The particular regime and preferential allowance for officials and employees, who work in the victim support centre, the basis of healing and social base is added functionality, support victims apply according to the rules in circular No. 13/TTLT-BLDTBXH-BTC on August 20, 2007 of the Ministry of labor, invalids and Social Affairs and the Ministry of Finance key guidelines regime for officials and employees working in the facilities management addicts, abusers and the seller after Drug detox.

7. administrative management of victim assistance center a) Director of the victim support centre is responsible for:-the construction of administrative management regulation of victim support center, the Director of the Department of labor, invalids and Social Affairs approval. The Statute should specify the responsibilities and working relationships between the rooms, in the Center; the rights and responsibilities of objects in medical activities, culture, education, careers in apprenticeship;

-Manage the whole of the activities of the Centre in accordance with the law.

b) victim support centre is responsible for performing periodic report mode first 6 years ago on June 15 and report years ago on December 15 of every year with the Department of labor, invalids and Social Affairs on activities to General People's Committee report granting the Council send the related disciplines.

 

III. ADDITIONAL GUIDELINES to SUPPORT VICTIMS of the BASIS of HEALING the SOCIAL BASE or base case cure or social basis in the industry labor-invalids and social mission of support of victims, the Director of the Department of labor, invalids and Social Affairs chaired and coordinated with the Department of the Interior Department of finance, the Chairman of the provincial people's Committee tasked to support the victims, ensure the following: 1. Additional functions, tasks, the victim support activities specified in section II of this circular to the functions and tasks, the Organization activity of the base healing or social basis and delivered the functionality , mission, activities on the appropriate departments of the base.

2. Use leadership management, professional staff, the facilities, the equipment guarantees made to support victims.

3. a private sector arrangement, separate access, ensure the diet, living for the victims, easy access to medical services, social, cultural and Community Center, avoid creating environment, causing the victim to discrimination under the provisions of the law.

 

 IV. IMPLEMENTATION 1. The Department of labor, invalids and Social Affairs is responsible for chairing, in cooperation with the Department of the Interior, the Department of finance and other relevant departments to help people's Committee Chairman granted the steer, guide and check the implementation of this circular in local.

2. The Department of social evils prevention is responsible for chairing, in cooperation with the relevant units to help the Minister of labor, invalids and Social Affairs directs, checking, deployment guides, implementation of this circular.

3. This circular have enforceable after 45 days from the date of signing. In the process of implementing if there concerns, recommend timely reflection of the Ministry of labor, invalids and Social Affairs to consider, handle./.