Circular No. 33/2017/TT-BLDTBXH dated December 29, 2017 on guidelines for organizational structure, quota on personnel, process of and standards for social support at social support establishments

CIRCULAR

ON GUIDELINES FOR ORGANIZATIONAL STRUCTURE, QUOTA ON PERSONNEL, PROCESS OF AND STANDARDS FOR SOCIAL SUPPORT AT SOCIAL SUPPORT ESTABLISHMENTS

Pursuant to Decree No. 14/2017/ND-CP dated February 17, 2017 of the Government defining the functions, tasks, entitlements and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;

Pursuant to Decree No. 103/2017/ND-CP dated September 12, 2017 of the Government on establishment, organization, operation, dissolution and management of social support establishments;

At the request of the Director of Department of Social Protection;

The Minister of Labor, War Invalids and Social Affairs promulgates a Circular on guidelines for organizational structure, quota on personnel, process of and standards for social support at social support establishments.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides guidelines for organizational structure, quota on personnel, process of and standards for social support at social support establishments (hereinafter referred to as establishments).

Article 2. Regulated entities

This Circular applies to public social support establishments and private social support establishments, including:

1. Social protection establishments for caring the elderly.

2. Social protection establishments for caring children in special circumstances.

3. Social protection establishments for caring people with disabilities.

4. Social protection establishments for caring and rehabilitating people with mental health problems.

5. General social protection establishments for caring social protection beneficiaries or persons in need of social assistance (hereinafter referred to as beneficiaries).

6. Social work centers that provide advice or emergency care or social assistance for persons in such need with other necessities.

7. Other types of social support establishments as prescribed by laws.

Chapter II

ORGANIZATIONAL STRUCTURE AND QUOTA ON PERSONNEL AT SOCIAL SUPPORT ESTABLISHMENTS

Article 3. Organizational structure

1. Leadership of a social support establishment consists of Director and Deputy Directors.

2. Organizational structure

The competent authority which supervises a public social support establishment shall, based on the tasks, scope, number of establishment’s beneficiaries and number of officials and public employees and workers, regulate the organizational structure to establish suitable divisions, faculties or sub-divisions, without increasing the number of existing divisions and the number of existing personnel at the establishment; and further cut down personnel on payroll and restructure the staff of officials and public employees and workers as prescribed. The organizational structure of a public social support establishment shall be categorized by the following basic works:

a) General administration;

b) Community services and development;

c) Emergency and long-term care;

d) Health - Functional rehabilitation;

dd) Other divisions, faculties or sub-divisions subject to decision of the competent authorities.

3. The Director of a private social support establishment shall refer to clause 2 to decide a suitable organizational structure for his/her establishment.

Article 4. Positions

Positions in a social support establishment include:

1. Positions associated with administration tasks:

a) Director;

b) Deputy Director;

c) Manager;

d) Deputy Manager;

dd) Dean of Faculty;

e) Deputy Dean of Faculty.

2. Positions associated with care and support tasks:

a) Community services;

b) Psychology;

c) Direct care;

d) Health, nursing;

dd) Nutritional care;

e) Functional rehabilitation;

g) Education;

h) Vocational training;

i) Other positions as per regulations.

3. Positions associated with assistance and services:

a) Accountant;

b) General administration;

c) Administration;

d) Cashier;

dd) Documentary department;

e) Driver;

g) Security guard;

h) Other positions as per regulations.

4. The competent authority which supervises a public social support establishment shall decide types of positions, combine positions or supplement a list of new positions as per the law, to ensure fulfillment of duties of the establishment.

5. The Director of a private social support establishment shall decide types of positions and those to be hired at the establishment to ensure fulfillment of duties of the establishment.

Article 5. Quota on personnel at social support establishments

1. Director: Each social support establishment has 01 Director.

2. Deputy Director: Each social support establishment has up to 02 Deputy Directors.

3. Each division has a Manager, up to 02 Deputy Managers and staff members. The number of staff members in every division shall be determined according to their positions and actual workload.

4. Each faculty has a Dean of Faculty, up to 02 Deputy Deans of Faculty and staff members. The number of staff members in every faculty shall be determined according to their positions and actual workload.

5. Community services worker: 01 community services worker shall supervise up to 100 beneficiaries.

6. Psychologist: The establishment must have at least 01 psychologist.

7. Direct care worker:

a) Child care worker: 01 child care worker will take care of 01 child under 18 months of age, up to 06 normal children from 18 months of age to under 6 years of age or up to 10 normal children from 6 to under 16 years of age; take care of up to 04 disabled, mental or HIV-infected children from 18 months of age to under 6 years; take care of up to 05 disabled, mental or HIV-infected children from 6 to under 16 years of age.

b) Disability support worker: 01 disability support worker will take care of up to 10 disabled people who can care themselves in daily routines or up to 04 disabled people who cannot care themselves in daily routines.

c) Elderly care worker: 01 elderly care worker will take care of up to 10 elderly people who can care themselves in daily routines or up to 04 elderly people who cannot care themselves in daily routines.

d) Mental healthcare worker: 01 mental healthcare worker will take care of up to 02 extremely serious mental patients, up to 04 serious mental patients or up to 10 mental patients who have been recovered.

dd) Homeless care worker: 01 homeless care worker will take care of up to 12 homeless people (this quota is used for every batch of homeless people admitted to the establishment for evaluating or sending them back to their residence).

8. Health worker: 01 health worker will take care of up to 50 beneficiaries.

9. Nutritional care worker: 01 nutritional care worker will take care of up to 20 beneficiaries.

10. Functional rehabilitation worker: 01 functional rehabilitation worker will take care of up 05 beneficiaries.

11. Educational or vocational trainer: 01 teacher will provide education or vocational training for up to 09 beneficiaries.

12. Indirect positions will account for up to 20% of total human resources in the establishment, including: Accounting, general administration, administration, cashier, documentary department, driver, security guard.

Chapter III

PROCESS OF AND STANDARDS FOR SOCIAL SUPPORT

Article 6. Process of social support

The establishment will provide social support for a beneficiary following the steps below:

1. Receive information and needs of the beneficiary; screen and categorize beneficiary.

2. Evaluate psychology, physiology, wellbeing, and needs of the beneficiary.

3. Make a support plan for the beneficiary.

4. Carry out the support plan.

5. Collect data, aggregate, analyze and evaluate the progress of the beneficiary; supervise and evaluate the care and adjust the care plan if necessary.

6. Make a plan to cut off the support and support the beneficiary to integrate into community.

Article 7. Standards for environment, precinct and houses

1. The environment and precinct of the establishment shall maintain the following standards:

a) The establishment must be located in a place convenient for traffic access; the environment must have trees and fresh air which are beneficial for the health of beneficiaries;

b) There must be a drainage system, garbage dump and appropriate measures for garbage and waste treatment;

c) The establishment gate must have a sign with clear name and address; fence and lighting to ensure the safety of the establishment;

d) There are rooms/houses for funeral and burning incenses for deceased beneficiaries;

dd) For establishments in rural and mountainous areas, there is at least one garden, flagpole and space suitable for beneficiaries to work out, play sports and have jolly time. If there are ponds and lakes, they must be fenced and adequately safe for beneficiaries; there must be land to do farming for daily life and activities at the establishment; cattle and poultry breeding areas must be far away from offices and houses.

2. Facilities of the establishment must meet the following standards:

a) The system of offices and houses must be solid, adequately secured and hurricane-proof;

b) Doors and windows provide adequate natural light and ventilation;

c) Systems in the establishment must be adequately safe for the beneficiaries, including the proper installation of electrical, gas and drainage systems;

d) Toilets, bathrooms are suitable for all groups of people, including people with disabilities; separate toilets and bathrooms are in place for women;

dd) Sleep and rest places for beneficiaries are arranged suitably with their age and gender;

e) There must be a common living area for beneficiaries in their free time;

g) There must be pleasure areas, production areas and labor therapy areas for the beneficiaries;

h) There must be common kitchen and dining rooms for beneficiaries;

i) There must be infirmaries to provide primary health care for the beneficiaries;

k) There must be necessary equipment for the disabled, the elderly and children;

l) Works and equipment must be accessible to people with disabilities, the elderly and children.

Article 8. Standards for health, hygiene, clothing and nutrition

The establishment must ensure that beneficiaries are cared according to the following standards:

1. Health care:

The establishment must have health workers, appropriate medical equipment and devices and medicine cabinets to ensure primary and first-aid health care when necessary; provide treatment and open logbook; provide regular checkups every 6 months and every year for each beneficiary. For establishments having the rehabilitation duty, there must be rehabilitation workers and equipment for the beneficiaries.

2. Hygiene and domestic appliances:

a) Provide sufficient clean drinking water and ensure daily bathing and washing for beneficiaries;

b) Provide personal hygiene items, including bath soap, towels, face towels, toothpaste and a separate toothbrush;

c) Provide bedroom furniture sets, including, beds, mats, pillows, blankets, mosquito nets;

d) There are separate rules of social support establishments that provide for cleaning and personal hygiene.

3. Clothes:

Beneficiaries are provided with school uniforms (for children of school age), socks and slippers are provided at least every 6 months and are replaced in case of damage, loss and pants; and are provided clothes which are warm enough in winter.

4. Nutrition:

a) Provide at least three meals (breakfast, lunch and dinner) per day;

b) Ensure adequate calories, protein (meat, fish, soy, carbohydrates, cereals, vegetables);

c) There is a special nutrition regime for those with special needs such as infants, children with disabilities, children infected with HIV, children who are sick or malnourished, elderly people and those who have a diet based on disease, religion or belief.

Article 9. Standards for education and vocational training

The establishment shall ensure the provision of education (for beneficiaries who are capable of learning); vocational training (for children from 13 years and older and those who have working capacity and need to learn vocation), in specific:

1. Ensuring the universalization of education as provided for in Clause 2, Article 1 of the Law on amendments to the Law on Education dated November 25, 2009.

2. Providing formal or non-formal education in public, people-founded schools or social support establishments.

3. Educating beneficiaries about social ethics, hygiene, HIV/AIDS prevention and control, reproductive health and other topics suitable to their age and gender.

4. Providing guidance for the beneficiaries on methods of self-defense and prevention of human trafficking, abuse, violence and exploitation.

5. Providing textbooks, learning materials and arrange study places for beneficiaries.

6. Giving counsel for beneficiaries to make self-selection of vocational training appropriate to their abilities and local conditions.

7. Supporting beneficiaries with further study or vocational training depending on their age, choice and market demand.

Article 10. Standards for culture, sports, physical training and entertainment

The establishment shall ensure that:

1. Education:

a) Beneficiaries are provided with a cultural environment that cares about, shares and supports beneficiaries to show affection, thoughts, ideas and creativity;

b) Beneficiaries have opportunity to participate in religious and social activities;

c) Beneficiaries may study traditional ethnic culture and have freedom of religion and belief within the framework of Vietnamese law;

d) Beneficiaries have the right to choose a religion without being discriminated against or being forced to follow a religion to be cared for in the establishment.

2. Physical training, sports, recreation and entertainment:

a) Beneficiaries may participate in physical activities, sports, recreation and entertainment suitable for ages and people in the community; people with disabilities are supported to participate safely in the above activities;

b) Beneficiaries are helped to make friends with people living in the neighborhood, school friends and community; meet with family or relatives, except for some cases that might threaten the safety of the beneficiaries.

Chapter IV

IMPLEMENTATION

Article 11. Entry in force

1. This Circular comes into force as of February 12, 2018.

2. Circular No. 04/2011/TT-BLDTBXH dated February 25, 2011 of the Ministry of Labor, War Invalids and Social Affairs; Joint Circular No. 32/2009/TTLT-BLDTBXH-BNV dated September 21, 2009, of the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Home Affairs; Joint Circular No. 09/2013/TTLT-BLDTBXH-BNV dated June 10, 2013, of the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Home Affairs shall cease to be effective on the effective date of this Circular.

3. Social support establishments must have solutions to arrange, organize and strengthen human resources, standards and conditions for operation according to the provisions of Decree No. 103/2017/ND-CP and regulations of this Circular.

4. Ministers, heads of ministerial-level agencies, heads of governmental agencies, heads of central agencies of socio-political organizations, Presidents of People's Committees of provinces and centrally-affiliated cities shall implement this Circular.

5. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Labor, War Invalids and Social Affairs for consideration./.