Vietnam: Sequence of grant of licenses for establishing establishments to support victims of human trafficking

Decree No. 09/2013/ND-CP of Vietnam’s Government stipulates the sequence of grant of licenses for establishing establishments to support victims of human trafficking, including: conditions for foundation; jurisdiction for settlement, and the required application dossier for grant the establishment license. To be specific:

Conditions for foundation of a victim support establishment:

- Having a stable and convenient working office;

- Having a land area of at least 15 m2 and a bedroom area of at least 5 m2 per victim;

- Having appropriate equipment and facilities for victim support;

- Having at least 5 (five) employees, 2 (two) of them having a collegial or higher degree in social speciality.

Dossier of application for a foundation license

An applicant for a foundation license shall send 1 (one) dossier set as prescribed to the provincial-level Service of Labor, Invalids and Social Affairs of the locality in which the victim support establishment is expected to be based for examination, which includes:

- A written application for a foundation license, made according to the form provided by the Ministry of Labor, Invalids and Social Affairs.

- The plan for the foundation of the victim support establishment, the necessity for  foundation of the establishment, objectives, tasks, organizational structure, personnel and operation assurance conditions, and feasibility of the plan.

- Résumé of the person expected to be the head of the victim support establishment.

- Relevant papers and documents evidencing the satisfaction of all the conditions for the foundation of the victim support establishment.

The provincial-level Service of Labor Invalids and Social Affairs shall receive and process the dossier. If the dossier is invalid, within 3 (three) working days after receiving it, the provincial-level Service of Labor, Invalids and Social Affairs shall notify such in writing to the organization and individual for completing the dossier.

Examination of dossiers of application for foundation licenses

- The provincial-level Service of Labor, Invalids and Social Affairs shall verify the following contents:

+ The necessity for foundation of the victim support establishment;

+ Operation objectives and scope, name, tasks, powers, organizational structure, personnel and financial mechanism of the victim support establishment;

+ Conditions for operation assurance of the victim support establishment after being licensed;

+ The feasibility of the foundation and operation of the victim support establishment.

- Dossier examination time limit: Within 15 (fifteen) working days after receiving a complete and valid dossier, the provincial- level Service of Labor, Invalids and Social Affairs shall examine the dossier and propose in writing the Chairman of provincial-level People’s Committee  to consider and make decision.

- Chairman of People’s Committees of provinces or centrally run cities (below referred to as provincial-level People’s Committees) in which victim support establishments are expected to be based may grant, re-grant, modify, supplement or extend licenses for foundation of victim support establishments (hereafter referred to as foundation License).

View more details at Decree No. 09/2013/ND-CP of Vietnam’s Government, effective from April 15, 2013.

Ty Na

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE