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MINISTRY OF FINANCE - MINISTRY OF
LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 134/2013/TTLT-BTC-BLDTBXH
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Hanoi, September 25, 2013
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JOINT
CIRCULAR
PURPOSES AND LEVELS OF EXPENDITURES ON
VICTIMS ASSISTANCE MENTIONED IN THE DECREE NO. 09/2013/ND-CP DATED JANUARY 11,
2013, WHICH PROVIDES GUIDELINES FOR THE LAW ON PREVENTION OF HUMAN TRAFFICKING
Pursuant to the Law on Prevention of Human trafficking dated March 29,
2011;
Pursuant to the Government's Decree No. 09/2013/ND-CP dated January 11,
2013 on guidelines for the Law on Prevention of Human trafficking (hereinafter
referred to as the Decree No. 09/2013/ND-CP);
Pursuant to the Government's Decree No. 118/2008/ND-CP dated November
27, 2008, defining the functions, tasks, powers and organizational structure of
the Ministry of Finance;
Pursuant to the Government's Decree No. 106/2012/ND-CP dated December
20, 2012, defining the functions, tasks, powers and organizational structure of
the Ministry of Labor, War Invalids and Social Affairs;
The Minister of Finance and the Minister of Labor, War Invalids and
Social Affairs promulgates a Circular on purposes and levels of expenditures on
victims assistance mentioned in the Decree No. 09/2013/ND-CP dated January 11,
2013 on guidelines for the Law on Prevention of Human trafficking.
Article 1. Scope and subjects
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a) This Circular deals with purposes and level of expenditures on victim
assistance; benefit for victims mentioned in the Decree No. 09/2013/ND-CP
according to annual government budget estimate according to the Law on State
budget and its guiding documents.
b) If funding for victim assistance is provided by another donor in
Vietnam or overseas, victim assistance shall be provided in accordance with
regulations of the Ministry of Finance and the donor; if the donor (or their
authorized representative) and the Ministry of Finance has not had an agreement
on expenditure levels, those in this Circular shall apply.
2. Subjects: this Circular is applied to organizations and individuals
that spend funding provided by government budget on provision of victim
assistance and other benefit for victims.
Article 2. Funding sources
1. Central government budget shall provide funding for victim assistance
and direct provision of benefit for victims according to annual estimates of
budget expenditures of Ministries and local authorities as prescribed by the
Law on State budget.
2. Local government budget shall support victim assistance centers in
fulfilling victims’ essential needs, covering costs of traveling, healthcare,
and psychological counseling mentioned in Article 19, Article 20, and Article
21 of the Decree No. 09/2013/ND-CP. The expenditure levels depend on the number
of victims assisted by each center.
3. Sponsorship of other entities in Vietnam and overseas.
4. Other lawful sources prescribed by law.
Article 3. Purposes and levels of expenditures on victim assistance
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1. Expenditure on employment of officials serving identification, receipt,
rescue, protection of victims, and sending victims to their homes; expenditures
on conventions, conferences, and expertise training. Purposes and levels
of expenditures must comply with the Circular No. 97/2010/TT-BTC dated July 06,
2010 on expenditures on business trips and conventions of regulatory bodies and
public service providers.
2. Expenditure on international cooperation in receipt and identification
of victims. Purposes and levels of expenditures must comply with the Circular
No. 102/2012/TT-BTC dated June 21, 2012 on funding for business trips to abroad
of officials provided by government budget; the Circular No. 01/2010/TT-BTC
dated January 06, 2010 on expenditures on receiving foreign guests that come to
work in Vietnam, expenditures on international conventions and conferences in
Vietnam, and expenditure on reception of visitors in Vietnam; the Circular No.
219/2009/TT-BTC dated November 19, 2009 on expenditures on projects/programs
funded by ODA and the Circular No. 192/2011/TT-BTC dated December 26, 2011 on
amendments to the Circular No. 219/2009/TT-BTC.
3. Overtime pay, nightshift pay: applicable regulations of law on overtime
pay, nightshift pay for officials shall apply.
4. Expenditure on development of database and update of information about
victims: purposes and levels of expenditures must comply with the Circular No.
19/2012/TTLT-BTC-BKH&DT-BTTTT dated February 15, 2012 of the Ministry of
Finance, the Ministry of Planning and Investment, and the Ministry of
Information and Communications on management and use of funding for
implementation of National Programs for Application of Information technology
to operations of regulatory agencies, and the Circular No. 194/2012/TT-BTC
dated November 15, 2012 of the Ministry of Finance on expenditure on creation
of electronic information for maintaining continuous operation of agencies
using government budget.
5. Expenditure on special equipment for identification, receipt, rescue,
and protection of victims must comply with applicable regulations of law on
bidding.
6. Expenditures on communications, printing, stationery, and other
expenditures on victim assistance: Expenditure levels are determined according
to valid invoices and within the estimated expenditure approved by a competent
authority.
7. Expenditure on making victims’ profiles: VND 100,000 per profile
(including pictures, identification record, and transfer record).
8. Expenditure on support for participants in victim management,
protection that are not paid by government budget. The maximum expenditure is
VND 100,000/person/day.
9. Payment for officials that provide psychological counseling. The
payment is VND 10,000/patient/time. The total payment must not exceed VND
500,000/official/month.
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1. Expenditure on fulfillment of essential needs and traveling costs
according to Article 19 of the Decree No. 09/2013/ND-CP:
a) Funding for food while victims are staying at the social protection establishment
or victim assistance center (hereinafter referred to as center): minimum
payment is VND 30,000/person/day. The maximum duration of this kind of support
by government budget is 60 days.
b) Funding for clothing, personal belongings: while staying at the center,
each victim is provided with 02 outfits, 02 sets of underwear, a towel,
slippers, a toothbrush, toothpaste, soap, tampon (for female victims) The
payment must not exceed VND 400,000 per person.
c) Payment for food and traveling cost and for victims that wish to go
home but fail to pay such cost:
- Traveling cost: depends on ordinary public transport charges. If the
victim is underage, the receiving or rescuing body must appoint an official to
take him/her home by the vehicle of the center. In this case, the cost varies
according to the distance and fuel consumption; if the vehicle is hired, the
charge shall be agreed in writing and suit local charges at that time.
- Payment for food in transit: at least VND 40,000/person/day. The maximum
duration is 5 days.
2. Expenditure on healthcare according to Article 20 of the Decree No.
09/2013/ND-CP:
a) Allowance for ordinary medicine: 50,000/victim while staying at the
center.
b) If a victim has a serious disease and needs to be treated at a medical
facility, the treatment cost shall be paid by the victim or his/her family.
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- Victims without family shall have be given an allowance for treatment
cost by the center, which is equal to the amount paid by health insurance fund
for members of poor households.
- If the victim has an unexpired health insurance card, the treatment cost
shall be covered by health insurance fund.
c) If the victim dies while staying at the center, if the victim’s family
does not show up after 24 hours as from a competent authority gives a
conclusion, or the victim’s family is not able to arrange a funeral, the center
shall bury the victim. The forensic cost and burial cost shall be covered
in accordance with regulations of social protection establishments.
3. Expenditure on compulsory education, vocational training, and support
for overcoming initial difficulties according to Article 23 of the Decree No.
09/2013/ND-CP:
a) Funding for compulsory education or vocational training:
- Victims shall have tuition fees exempt or reduced, and receive allowance
for education cost in accordance with the Government's Decree No. 49/2010/ND-CP
dated May 14, 2010 on exemption, reduction of tuition fee, allowance for
education cost applied to educational institutions that belong to national
education system from school year 2010 - 2011 to school year 2014 - 2015, the
Government's Decree No. 74/2013/ND-CP dated July 15, 2013 on amendments to the
Decree No. 49/2010/ND-CP and its guiding documents.
- In case a victim chooses a basic vocational training program that lasts
less than 03 months, the tuition fee shall be paid in a lump sum. The level of
allowance for short-term vocational training provided by local vocational
training centers are equal to the tuition fees. However, they must not exceed
the levels in the Prime Minister’s Decision No. 1956/QD-TTg dated November 27,
2009 of the Prime Minister on approval for the Scheme for provision of
vocational training for rural workers and its guiding documents.
b) Minimum allowance for helping victims of poor households in overcoming
initial difficulties is VND 1,000,000 per victim.
Article 5. Purposes and levels of expenditures on victim assistance
while their repatriation is being prepared by a Vietnam’s representative body
overseas
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2. While pending verification and completion of procedures for
repatriation, victims shall have their essential needs fulfilled and traveling
cost covered if needed according to Article 33 of the Law on Prevention of
Human trafficking. Specific purposes and levels of allowances:
a) Payment for food and temporary accommodation for victims: apply the
minimum living costs in Point 2 Part II of Circular No.
29/2006/TTLT-BNG-BNV-BTC-BLDTBXH dated November 08, 2006 of the Ministry of
Foreign Affairs, the Vietnam party, the Ministry of Finance, and the Ministry
of Labor, War Invalids and Social Affairs on guidelines for the Government's
Decree No. 157/2005/ND-CP dated December 23, 2005, which provides for benefits
of officials during their term of office at Vietnam’s representative bodies
overseas, and the Circular No. 01/2010/TTLT-BNG-BNV-BTC-BLDTBXH dated April 27,
2010 of the Ministry of Foreign Affairs, the Ministry of Home Affairs, the
Ministry of Finance, the Ministry of Labor, War Invalids and Social Affairs on
amendments to the Circular No. 29/2006/TTLT-BNG-BNV-BTC-BLDTBXH.
b) Provision of clothing, essential personal belongs, means of
transportation at the host country, and other necessary expenditures pertaining
to procedures for repatriation such as: overstay charge, airport charge,
repatriation documentation charge, security cost, translation cost. The
level of expenditure shall be decided by the Vietnam’s representative body
overseas according to receipts and in the most economic way.
c) Levels of allowances for air/train/bus tickets for victims that wish to
go home without being able to pay for the tickets (provided by the Vietnam’s
representative body overseas) depend on the prices of ordinary tickets for
taking them to the border checkpoint (by land, sea, or air).
d) While pending repatriation, if the victim is sick and needs treatment
at a local hospital, the Vietnam’s representative body overseas shall aggregate
relevant expenditures and receipts to consider giving allowances on a
case-by-case basis. In case the victim dies, the Vietnam’s representative body
overseas shall consider providing allowances for burial/cremation cost, or cost
of repatriating the victim’s body to his/her home country in the most economic
way.
Article 6. Estimating, provision, and declaring funding for provision
of assistance and benefit for victim
1. Funding for provision of assistance and benefit for victims shall be
estimated and declared in accordance with the Law on State budget and its
guiding documents.
2. According to Clause 3 Article 3 of the Decree No. 09/2013/ND-CP,
support for victim assistance centers shall be provided by local budget as
follows:
a) Every year, by the deadline for making state budget estimates, Services
of Labor, War Invalids and Social Affairs shall estimate the funding for victim
assistance centers according to the purposes and levels of expenditure on
provision of benefit for victims mentioned in Clause 9 Article 3, Clause 1 and
Clause 2 Article 4 of this Circular, and the estimated number of victims
staying at local centers, make an estimate of support for victim assistance
centers, aggregate them in regular expenditure estimates of Services of Labor,
War Invalids and Social Affairs, and send them to Services of Finance for
consideration. The estimates shall then be sent to competent authorities for
approval.
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- A table of expenditures that need funding;
- A list of victims that need support (specify the stay of each victim at
the center);
- A victim transfer not between the receiving body, rescuing body, and the
victim assistance center (if any);
- A list of official assigned to provide psychological counseling;
- Receipts of expenditures on victim assistance (for comparison) that are
kept by the victim assistance center.
c) Within 15 working days from the day on which sufficient documents are
submitted by the victim assistance center, the Service of Labor, War Invalids
and Social Affairs shall verify them and provide funding for the victim
assistance center. If support is refused, written explanation must be
provided.
3. Services of Labor, War Invalids and Social Affairs shall request the
People’s Committees of provinces to decide appropriate levels of support
according to the levels of expenditure prescribed in this Circular.
Article 7. Implementation
1. This Circular takes effect on November 10, 2013.
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3. In case the documents cited in this Circular are amended or supersedes,
the newest ones shall prevail.
4. Difficulties that arise during the implementation of this Circular should
be reported to the Ministry of Finance for settlement in cooperation with the
Ministry of Labor, War Invalids and Social Affairs./.
PP MINISTER OF LABOR, WAR INVALIDS AND
SOCIAL AFFAIRS
DEPUTY MINISTER
Nguyen Trong Dam
PP MINISTER OF FINANCE
DEPUTY MINISTER
Nguyen Thi Minh