Thông tư 02/2020/TT-BLĐTBXH hướng dẫn quản lý đối tượng được cơ sở trợ giúp xã hội cung cấp dịch vụ công tác xã hội do Bộ trưởng Bộ Lao động – Thương binh và Xã hội ban hành

CIRCULAR

PROVIDING INSTRUCTIONS FOR MANAGEMENT OF BENEFICIARIES OF SOCIAL WORK SERVICES PROVIDED BY SOCIAL ASSISTANCE ESTABLISHMENTS

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

Pursuant to the Government’s Decree No. 103/2017/ND-CP dated September 12, 2017, regulating foundation, organization, operation, dissolution and management of social assistance establishments;

Pursuant to the Prime Minister’s Decision No. 32/2010/QD-TTg dated March 25, 2010 on approval of the Scheme for social responsibility development during the period of 2010-2020;

Upon the request of the Director of the Department of Social Assistance,

Minister of Labor, War Invalids and Social Affairs hereby promulgates the Circular providing instructions for management of beneficiaries of social work services provided by social assistance establishments.

Chapter I

GENERAL PROVISIONS

Article 1. Scope and subjects of application

1. Scope of application:

This Circular shall serve as the manual for management of beneficiaries provided by social assistance establishments with social work services at premises of service providers, at communes, wards or townlets (hereinafter referred to as beneficiary/beneficiaries).

2. Subjects of application:

This Circular shall apply to public officials, servants, employees or social workers that manage beneficiaries at social assistance establishments, entities or persons concerned.

Article 2. Interpretation

For the purposes of this Circular, terms used herein shall be construed as follows:

1. Beneficiary management refers to a system of professional methods related to social work, such as collecting information about assessment of care and assistance needs of beneficiaries; formulating, implementing and revising plans to take care of and support beneficiaries; evaluating and terminating management of beneficiaries in order to support them to stabilize their life and help them to gain re-entry into civilization.  

2. Beneficiary supervisor refers to a public official, servant, employee or social worker given authorization for management of beneficiaries by Heads of social assistance establishments or Presidents of commune-level People’s Committees.

3. Social assistance establishments include: Social protection establishments providing care for old people; social protection establishments providing care for underprivileged children; social protection establishments providing care for disabled people; social protection establishments providing care for multiple beneficiaries of social protection or assistance services; social protection establishments providing care and rehabilitation services for persons with mental illness and disorder; centers for social work providing counsel, urgent care or supporting other necessary conditions for persons in need of social assistance and other social assistance establishments under the provisions of laws (hereinafter referred to as establishment(s)).  

4. Beneficiaries having access to social work-related services provided by social assistance establishments include:

a) Social protection beneficiaries prescribed in clause 1 of Article 25 in the Government’s Decree No. 136/2013/ND-CP dated October 21, 2013, regulating social welfare policies for social assistance beneficiaries;

b) Persons in need of urgent social protection include: Domestic violence victims; sexual abuse victims or survivors; trafficking victims or survivors; coerced labor victims; children or people begging for food when expecting to be brought back to their homes;   

c) Minors or underage people without stable residences that are subject to correction measures imposed at communes, wards or townlets under the provisions of the Law on Handling of Administrative Violations dated June 20, 2012, the Government’s Decree No. 111/2013/ND-CP dated September 30, 2013, regulating imposition of administrative punishment in the form of correction at communes, wards and townlets, the Government's Decree No. 56/2016/ND-CP dated June 29, 2016, amending and supplementing several articles of the Government’s Decree No. 111/2013/ND-CP dated September 30, 2013, regulating imposition of administrative punishment in the form of correction at communes, wards and townlets;    

d) If persons other than those prescribed in point a, b and c of clause 4 of this Article wish to become beneficiaries of social assistance services, they themselves, their relatives, or their sponsors, may make voluntary financial contributions (hereinafter referred to as voluntary beneficiaries);

dd) Other beneficiaries specified in support programs and projects or subject to decisions issued by Presidents of People’s Committees of provinces and centrally-affiliated cities.

Chapter II

BENEFICIARY MANAGEMENT STEPS AND DUTIES

Article 3. Beneficiary management steps

Beneficiaries shall be managed according to the following steps:

1. Collecting information and assessing beneficiary’s needs for care and assistance services.

2. Developing care and assistance plans.

3. Carrying out care and assistance plans.

4. Monitoring, reviewing and adjusting care and assistance plans.

5. Assessing and terminating beneficiary management activities. 

Article 4. Collecting information

1. Beneficiary supervisor shall be responsible for collecting information related to beneficiaries, including:

a) Beneficiary’s particulars

- Basic information, including: Full name, date of birth, sex, marital status, home address, contact information, personal identity numbers, 9- or 12-digit ID card numbers (if any);

- Educational background and qualification;

- Schools or educational institutions;

- Career experience;

- Income;

- Current social assistance services and policies of the service-user beneficiary; 

- Support demands arranged in order of priority;

b) Health information

- Disease/impairment and causes, or type/level of disability;

- Characteristics of disease/disability;

- Capacity to work;

- Self-care and self-reliance in daily life;

- Medical treatment and health recovery processes and results before entering social assistance establishments (if any);

- Physical, mental and psychological condition.

c) Information about the beneficiary’s family

- Family householder’s full name, date of birth, home address, contact information, personal identity numbers, 9- or 12-digit ID card numbers (if any);

- Relationship with the beneficiary;

- Main business;

- Number of family members;

- The beneficiary’s position in his/her family;

- Economic situations;

- Main income sources of the beneficiary’s family, including annual income from work, social assistance policies and income from other social assistance programs;

- Food, clothes, school tuition, medical check-up, treatment, medicine and other costs;

- Accommodation and daily activity condition;

- Family’s capacity to take care of the beneficiary;

- Monthly social welfare payment and other basic social services;

- Demands for support arranged in order of priority;

- Other information (if any).

d) Information of the guardian or the caretaker (if any): Full name, date of birth, sex, marital status, home address, contact information, personal identity numbers, 9- or 12-digit ID card numbers (if any).

2. Beneficiary’s particulars shall be collected by using the form No. 01 hereto attached.

Article 5. Assessing beneficiary’s needs for care and assistance services

1. Based on collected information, the beneficiary’s supervisor shall be responsible for cooperating with entities and individuals concerned in conducting assessment of the beneficiary’s needs for care and assistance services.  

2. The beneficiary’s supervisor shall lead and conduct an assessment of the beneficiary’s needs for care and assistance services, including:

a) Health and medical care;

b) Education, vocational training and occupation;

c) Livelihood support;

d) Family and social relationship;

dd) Life skills;

e) Re-entry and re-socialization;

g) Mental and emotional state;

h) Other needs.

3. If the beneficiary fails to provide adequate information, the beneficiary’s supervisor shall be responsible for cooperating with his/her family's representative, caretaker or guardian in conducting an assessment of the beneficiary's needs.

4. Assessment of the beneficiary’s needs for care and assistance services shall be made by using the form No. 02 hereto attached.

Article 6. Developing care and assistance plans

1. Based on results of assessment of the beneficiary’s needs, the beneficiary’s supervisor shall identify those who are provided with social work services by social assistance establishments according to the following criteria:

a) Having needs for care and assistance services;

b) Having demands for long-term care and assistance services;

c) Having needs for continuous care and assistance services;

d) Having demands for alternate care and assistance services;

dd) Having demands for semi-boarding care services;

e) Voluntarily participating in social work-related services;

g) The beneficiary meets requirements for receipt of services at the service provider's premise or locality.

Criteria for determination of beneficiaries shall be subject to the form No. 03 hereto appended.

2. Developing care and assistance plans

The beneficiary’s supervisor shall lead and cooperate with beneficiaries, their families or guardians, caretakers and other related entities and individuals in order to develop plans to provide care and assistance services for beneficiaries. A care and assistance plan shall include the following information:

a) Specific objectives that need to be attained;

b) Emergency care and assistance services;

c) Specific actions to be taken in order of priority with the aim of achieving specific objectives;

d) Time frame for performing specific activities;

d) Resources necessary to carry out specified care and assistance activities;

e) Responsibilities of organizations, families, persons and participants, and liabilities for specific tasks;

g) Service providers participating in the plan;

h) Risks and risk resolution approaches.

Beneficiary care and assistance plans shall be formulated by using the form No. 04 hereto attached.

Article 7. Implementing care and assistance plans

1. The beneficiary’s supervisor shall seek approval of beneficiary care and assistance plans from heads of social assistance establishments or Presidents of commune-level People’s Committees.

2. The beneficiary’s supervisor shall cooperate with commune-level entities, associations and social assistance establishments providing support for beneficiaries in carrying out plans.  Support contents must include:

a) Advising and introducing beneficiaries to have access to competent authorities or medical, employment placement, educational, social service and other providers;

b) Making referrals and connections to competent authorities, medical, employment placement, educational and social service or other providers meeting demands of beneficiaries;

c) Assisting beneficiaries in accessing and enjoying social assistance policies and programs;

d) Marshalling and publicizing resources necessary to carry out beneficiary care and assistance plans.

3. Making review reports on outcomes of care and assistance plans.

The beneficiary’s supervisor shall assume the following responsibilities:

a) Regularly reporting on results gained after implementation of each beneficiary care and assistance plan on a monthly, quarterly, biannual and yearly basis;

b) Reviewing and recommending heads of social assistance establishments or Presidents of commune-level People’s Committees in order to make revision or modification of plans to meet demands of beneficiaries (if necessary);

c) Recording progress, monitoring and assessing process of implementation of beneficiary care and assistance plans by using the form No. 05 hereto attached.

Article 8. Monitoring, assessing and terminating beneficiary management 

1. The beneficiary’s supervisor shall monitor and assess the process of implementation of each beneficiary assistance plan by providing the following information:

a) Results gained upon implementation of beneficiary care and assistance plans;

b) Level of satisfaction of beneficiary's demands;

c) Capability of living independently and capability of re-entering into civilization of each beneficiary;

d) Level of relevance of services provided for beneficiaries;

dd) Accessibility to services;

e) Other related information.

2. Based on results gained upon assessment of the process of implementation of beneficiary care and assistance plans, the beneficiary’s supervisor shall seek approval of termination of beneficiary management from heads of social assistance establishments or Presidents of commune-level People’s Committees.

3. Termination of beneficiary management 

a) Terminating management of beneficiaries falling in one of the following cases:

- Objectives have already been achieved;

- Management of beneficiaries under decisions issued by heads of establishments or Presidents of commune-level People's Committees is terminated;

- Adoptive beneficiaries prescribed in laws on adoptive children;

- Persons aged 18 years. If a beneficiary aged 18 years or older is taking universal education, vocational training, professional secondary, college or university programs, he/she must be provided with care by social assistance establishments till the date of receipt of the first qualification, but is not older than 22 years;

- Any social assistance establishment fails to provide care and social assistance services that beneficiaries need;

- Beneficiaries have not made any contact for 1 month;

- Any beneficiary requests termination of care and social assistance services;

- Any beneficiary has died or gone missing under laws;

- Contracts for provision of care and social assistance services have been terminated;

- Services are terminated by mutual agreements;

- Any beneficiary has moved out of localities where services are provided;

- Other situations arise as provided by law.

Termination of management of beneficiaries shall be subject to the form No. 06 hereto appended.

b) Beneficiary’s supervisors shall request competent authorities to convene meetings with entities, associations, organizations, beneficiaries, their families or guardians to agree on termination of management of beneficiaries;

c) Beneficiary’s supervisors, beneficiaries, their families, caretakers or guardians, Presidents of commune-level People’s Committees, or Heads of social assistance establishments, sign their names on statements of termination of management of beneficiaries.  

Article 9. Record keeping and file storage

1. Records and documents serving the purposes of management of beneficiaries must contain all required information, must be concise and authentic and provide clear and impartial information about care, assistance services provided for, and re-entry into civilization of, beneficiaries.

2. These records and documents must be stored and kept confidential at social assistance establishments or commune-level People's Committees under laws on archives. Sharing of any personal information shall be approved after receipt of consent from beneficiaries (if any) or their families, guardians and heads of social assistance establishments or Presidents of commune-level People’s Committees.

Article 10. Supporting re-entry to civilization

1. Beneficiary’s supervisors shall complete transfer forms to refer managed beneficiaries to their families and communities with certification given by heads of social assistance establishments and representatives of their families or guardians.

2. Social assistance establishments shall assign their staff to follow and support beneficiaries re-entering to civilization (if necessary) within the minimum duration of 6 months from the date of beneficiary’s return to their families and communities.  If a referred beneficiary’s health relapses into the acute state, the beneficiary's supervisor shall cooperate with his/her family or guardian and commune-level People’s Committee in bringing him/her back to the social assistance establishment to take timely medical intervention, recovery and care actions.

Chapter III

IMPLEMENTATION PROVISIONS

Article 11. Responsibilities of all-level People’s Committees

1. People’s Committees of provinces and centrally-affiliated cities shall direct Departments of Labor, War Invalids and Social Affairs in cooperating with relevant departments and sectors in:

a) Guiding and inspecting management of beneficiaries within their remit;

b) Providing professional training and career development courses in management of beneficiaries for public servants and employees and social workers;

c) Applying information technology to management of beneficiaries within their remit;

d) Making synthesis and review reports on a 6-month basis (by June 25), on an annual basis (by December 25) and ad-hoc reports on performance and results of management of beneficiaries within provinces and cities.

2. District-level People’s Committees shall assume the following responsibilities:

a) Providing instructions about management of beneficiaries within their remit;

b) Making synthesis and review reports on a 6-month basis (by June 20), on an annual basis (by December 20) and ad-hoc reports on performance and results of management of beneficiaries within their remit.

3. Communal-level People’s Committees shall assume the following responsibilities:

a) Cooperating with social assistance establishments in developing and carrying out care and assistance plans; managing beneficiaries living their localities; supporting their re-entry to civilization;

b) Making synthesis and review reports on a 6-month basis (by June 15), on an annual basis (by December 15) and ad-hoc reports on performance and results of management of beneficiaries within their remit.

Article 12. Responsibilities of social assistance establishments

1. Setting up and publicizing the processes for management of beneficiaries at premises of social assistance establishments.

2. Carrying out and documenting management of beneficiaries in accordance with regulations.

3. Providing training and career development courses for public servants and employees working at social assistance establishments and communes, wards, townlets, and providing training courses in management of beneficiaries for social workers.

4. Providing training courses in provision of instructions for families or guardians and caretakers about knowledge, skills and methods for beneficiary care and assistance. 

5. Applying information technology to providing services and preparing or managing records and documents on management of beneficiaries.

6. On an annual basis, preparing plans and cost estimates for management of beneficiaries in accordance with existing regulations.

7. Submitting reports on a 6-month basis (by June 15), on an annual basis (by December 15) and ad-hoc reports to Labor, War Invalid and Social Affair authorities at the same level about management of beneficiaries.

Article 13. Responsibilities of beneficiary’s families, guardians and caretakers

1. Cooperating with beneficiary’s supervisors, social assistance establishments and commune-level People’s Committees on formulation and implementation of beneficiary care and assistance plans.

2. Transferring beneficiaries from social assistance establishments to their families and communities for care and functional rehabilitation purposes. 

3. Participating in training courses in beneficiary care and assistance knowledge, skills and methods.

Article 14. Entry into force

1. This Circular shall be in force from March 30, 2020, replacing the Circular No. 01/2015/TT-BLDTBXH dated January 6, 2015 of the Ministry of Labor, War Invalids and Social Affairs, providing instructions about case management with regard to disabled people; repealing Article 6 in the Circular No. 33/2017/TT-BLDTBXH dated December 29, 2017 of the Minister of Labor, War Invalids and Social Affairs, providing instructions about the organizational structure, staffing, procedures and standards for social assistance services at social assistance establishments.

2. Cases involving children as victims of abuses, assaults or facing risks of violence, overexploitation, abandonment and underprivileged children shall be subject to provisions laid down in the Government’s Decree No. 56/2017/ND-CP dated May 9, 2017, elaborating on several articles of the Law on Children and other instructional documents thereof.

3. In the course of implementation, if there is any difficulty arising, the Ministry of Labor, War Invalids and Social Affairs should be informed to provide timely instructions./.

---------------

This document is handled by Luật Dương Gia. Document reference purposes only. Any comments, please send to email: dichvu@luatduonggia.vn