Latest procedure for granting a license to establish a victim support facility in Vietnam

Latest procedure for granting a license to establish a victim support facility in Vietnam (Internet image) 

On December 22, 2023, the Ministry of Labor, War Invalids and Social Affairs issued Decision 1959/QD-LDTBXH on the announcement of amended and supplemented administrative procedures in the field of social evil prevention and control within the scope of State management functions of the Ministry of Labor, War Invalids, and Social Affairs.

Latest procedure for granting a license to establish a victim support facility in Vietnam

(1) Implementation sequence:

- Step 1: Organizations and individuals requesting a License to establish a victim support facility send documents to the Department of Labor, War Invalids, and Social Affairs (where the victim support facility is expected to be located).

When receiving complete dossiers, the Department of Labor, War Invalids, and Social Affairs sends organizations and individuals requesting dossier receipt forms according to the form specified in Appendix 6 issued with Circular 35/2013/TT-BLDTBXH.

In case the application is not valid, within 03 (three) working days from the date of receipt, the Department of Labor, War Invalids, and Social Affairs must notify organizations and individuals in writing to complete the dossier.

- Step 2: Within 15 (fifteen) working days from the date of receipt of complete and valid documents, the Department of Labor, War Invalids, and Social Affairs must conduct an appraisal and submit a document to the Chairman of the Provincial People's Committee for consideration and decision.

Within 07 (seven) working days from the date of receiving the written proposal from the Department of Labor, War Invalids, and Social Affairs, the Chairman of the Provincial People's Committee shall consider and decide on the issuance of the Establishment License;

In the event that an establishment license is not granted within 03 (three) working days, the Chairman of the Provincial People's Committee must respond in writing and clearly state the reason.

(2) Submission methods

Follow one of the following forms: in person, via public post, or online.

(3) Document components:

- Application for a License to establish a victim support facility according to the form specified in Appendix 1 issued with Circular 35/2013/TT-BLDTBXH.

- Project for establishing a victim support facility according to the form specified in Appendix 2 issued with Circular 35/2013/TT-BLDTBXH.

- Curriculum vitae of the person expected to be the director of the victim support facility according to Form No. 26, Appendix issued with Circular 08/2023/TT-BLDTBXH.

- List of personnel expected to work at the victim support facility according to the form specified in Appendix 4 attached to Circular 35/2013/TT-BLDTBXH.

- Relevant documents and papers:

+ Legal documents on land use rights, ownership of houses or assets attached to land serving the operation of the victim support facility (certified copy or copy with original for comparison);

+ Written opinion of the People's Committee of the commune where the victim support facility is headquartered, clearly stating whether it agrees or disagrees with the location of the victim support facility;

+ Diplomas and certificates proving the professional qualifications of the staff expected to work at the victim support facility (certified copies or copies with originals for comparison).

(4) Processing time: 22 (twenty two) working days.

Conditions for establishing victim support facilities in Vietnam

(1) General conditions

- Have at least 05 (five) employees, of whom 02 (two) employees have college degrees or higher in social work majors.

- Have a stable working office with convenient transportation;

- Minimum natural land area of 15 m2/victim; average room area is 05 m2/victim;

- Have equipment and means suitable for the task of supporting victims.

(2) Facilities conditions

- Victim reception room

+ Have a minimum area of 10 square meters (ten square meters);

+ Have the minimum equipment necessary for receiving victims, including desks, chairs, filing cabinets, computers, and telephones;

+ There is a board listing the rules and scope of victim support services.

- The victim's room

+ Room area must ensure an average of 05m2 (five square meters) for 01 (one) person and no more than 04 (four) people in 01 (one) room. Rooms must be firmly built, have enough light, have windows, and doors must have locks;

+ Have minimum equipment to serve the victim's daily activities during their stay at the facility, such as beds, wardrobes, and personal items.

- Victim support facilities must have a kitchen, dining room, toilet, bathroom, and other auxiliary facilities; they must ensure security and order, ensuring the safety of victims; and they must be in accordance with regulations on fire prevention and fighting.

For victim support facilities with a support scale of 25 (twenty-five) people or more, there must be separate sections for women, children, housing, kitchens, restrooms, staff working area, common living area, water supply and drainage system, electricity, internal roads, medical equipment, minimum medicine for first aid, and emergencies when necessary.

(3) Personnel conditions

- Have at least 01 (one) full-time employee. In cases where a victim support facility uses part-time workers, specific working hours must be registered to ensure security and safety for the facility and victims;

- Employees directly working to support victims must meet professional standards for the rank of social worker or higher as prescribed in Circular 34/2010/TT-LDTBXH;

- Medical staff (if any) must have professional qualifications of intermediate medical level or higher; security guards must have a security professional certificate according to the provisions of the law.

More details can be found in Decision 1959/QD-LDTBXH taking effect on December 22, 2023.

Ho Quoc Tuan

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