Chương V: Điều khoản thi hành

DECREE

SOCIAL WORK

Pursuant to the Law on Government Organization dated June 19, 2015; Law dated November 22, 2019 on Amendments to some Articles of the Law on Government Organization and Law on Local Government Organization;

Pursuant to the Law on the Elderly dated November 23, 2009;

Pursuant to the Law on Persons with Disabilities dated June 17, 2010;

Pursuant to the Law on the Elderly dated November 23, 2009;

Pursuant to the Law on Adoption dated April 05, 2016;

Pursuant to the Law on Domestic Violence Prevention and Control dated November 14, 2022;

At the request of the Minister of Labor - Invalids and Social Affairs;

The Government hereby promulgates a Decree on social work.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree provides for rights and obligations of social work clients; rights and obligations of social work practitioners; eligibility requirements for practice of social work; social work practice; authority, applications and procedures for issuance, re-issuance and revocation of certificates of eligibility for social work practice.

Article 2. Regulated entities

This Decree applies to social workers, social work practitioners; foreign agencies, organizations and individuals in Vietnam (hereinafter referred to as “organizations and individuals”); individuals, groups, families and communities that conduct social work-related activities in Vietnam.

Article 3. Definitions

For the purposes of this Decree, the terms below shall be construed as follows:

1. “social work” means the activity of supporting individuals, groups, families and communities in addressing social issues.

2. “social work client” may be an individual, group, family or community that needs social work services (hereinafter referred to as “client”).

3. “social work service” refers to any service provided by an eligible organization or individual with the aim of supporting individuals, groups, families and communities in addressing social issues.

4. “social work ethics” refer to ethical standards which social workers and social work practitioners must adhere to in the process of performing professional activities.

5. “social work practice” refers to performance of professional activities and direct practice of professional expertise (prevention, intervention, provision of therapy or care, rehabilitation, development support, provision of advice or consulting, psychological support for social work clients) by social workers that are granted a certificate of eligibility for social work practice by a competent authority.

6. “certificate of eligibility for social work practice” refers to a document issued by a competent authority to any person who is eligible to apply for social work practice as prescribed in this Decree (hereinafter referred to as "certificate of eligibility for practice”).

7. “privacy of social work clients” includes life privacy, personal privacy and family privacy under civil law and privacy of case management documentation.

8. “social work in the judicial field” refers to the activity of applying theories, principles and methods of social work to contribute to protecting the legitimate rights and interests of clients in the judicial process.

Article 4. Functions of social work

Functions of social work include supporting prevention; intervention, provision of therapy; supporting recovery and development of clients to ensure social security and create people's happiness; contributing to asserting human rights, dignity, values, social justice and equality according regulations of law.

Article 5. Principles of social work

1. Respect and promote clients’ rights to make their own choices and decisions, irrespective of their values, beliefs, thoughts and lives, provided this does not threaten the rights and legitimate interests of others.

2. Promote clients’ full involvement and participation in all aspects of decisions and actions that affect their lives.

3. Focus on strengths and leverage existing resources of clients to promote empowerment.

4. Assume responsibility for social work professional activities, ensuring that clients are provided with appropriate and effective social work services.

5. Promote social justice, ensure fair and transparent provision of resources according to the clients’ needs.

6. Respect clients’ diversity regardless of their capacity, age, gender, civil status, socio-economic status, skin color, race, region, nationality, political beliefs, spiritual beliefs and physical characteristics.

7. Make sure that all decisions are made in the clients' best interests.

Article 6. State policies on social work

1. The State plays a leading role in developing a system of public facilities providing social work services appropriate to socio-economic conditions and state budget capacity from time to time.

2. Promote the private sector involvement in social work; encourage organizations and individuals to invest in developing a system of facilities providing social work services and participate in providing social work services.

3. Develop human resources for social work, especially in disadvantaged areas.

Article 7. Social workers

Social workers consist of:

1. Public officials, public employees and employees carrying out social work in state agencies and public service providers.

2. Social workers in units and facilities providing social work services in the social, medical, educational and judicial field, in detention facilities and reform schools, and in other fields as prescribed by law.

3. Social workers in socio-political organizations, socio-professional organizations, non-governmental organizations, associations, enterprises and other organizations as prescribed by law.

4. Independent social workers.

Article 8. Social work services

Social work service includes one or more services below:

1. Providing emergency security services

a) Assessing risks and needs of clients; screening and classifying clients. Where necessary, transfer clients to health facilities, educational institutions, police authorities or other appropriate agencies and organizations.

b) Ensuring clients’ safety and meeting clients’ urgent needs for medical care, decent shelter, drinking water, food, clothing, essential supplies and transport.

2. Providing care, intervention, rehabilitation and development support services

a) Assessing needs of clients, screening and classifying clients; preparing case management documentation.

b) Provision of advice and consulting, psychological support, psychosocial rehabilitation for clients.

c) Treatment of mental disorders, provision of trauma or psychological crisis therapy, and physical rehabilitation.

d) Intervention, protection, care, rehabilitation and development support for clients.

dd) Tailoring an intervention and support plan for clients; monitoring, reviewing and evaluating intervention and support activities and adjusting the plan accordingly.

e) Ending the intervention and support plan tailored for clients, keep client management records or implementing a new intervention and support plan (if the clients so request).

g) Management, care and nurturing of clients.

h) Seeking cooperation in providing medical treatment and health care services; in transferring clients to facilities providing social work services or other facilities to meet their needs.

i) Organizing rehabilitation, cultural, sports and religious activities and other activities suitable for the age and health of clients.

k) Teaching school subjects, providing career counseling, vocational and training education, creating livelihoods and jobs to assist clients in their development in terms of physical fitness, intellect, personality and community integration.

l) Supporting clients in benefiting from social welfare policies; finding and arranging appropriate forms of care.

3. Providing services related to social education and capacity building

a) Providing services related to social education, problem solving skills development and parenting skills education; providing life skills education for children and minors.

b) Providing training and coaching courses on social work for public officials, public employees, employees and social work collaborators.

c) Offering training courses and organizing conferences to improve knowledge and skills for clients in need.

4. Providing preventive services for clients falling into difficult circumstances or suffering abuse or exploitation; school violence, gender and domestic violence; labor abuse and exploitation.

5. Providing social work services in the fields of health, education, justice, court, social welfare, gender equality, child protection, care for the elderly and persons with disabilities, poverty reduction, drug prevention and control, community development, social work with employees and other fields as prescribed by law.

6. Managing cases of clients using social work services (hereinafter referred to as “social work service users”) at the grassroots and community level.

7. Support for community development

a) Working the people and authorities at all levels to identify community issues to design community support programs and plans.

b) Suggesting social work mechanisms, policies and solutions to competent authorities.

c) Building a network of social workers, social work collaborators and volunteers.

d) Organizing communication activities to raise awareness of social work.

8. Supporting eligible clients in leaving social assistance facilities, detention facilities, rehabilitation centers and health facilities to return to their families, integrate into the community, and stabilize their lives.

9. Organizing mobilization of resources to carry out social work activities.

Article 9. Process for providing social work services

A process for providing social work services to clients encompasses the following steps:

1. Step 1. Receive and collect information, and assess the clients’ support needs.

a) Collect basic information of the clients, their family and relatives, information of their guardian or caregiver and other relevant information (if any) of the client.

b) Conducting comprehensive assessment of the client’s support needs (in order of priority).

c) Organizing client screening and classifying.

2. Step 2. Tailor a support plan.

a) Tailor a support plan to the clients and their needs.

b) Preside over and cooperate with the client and relevant organizations and individuals in determining the objectives, details of work, time frame and resources so as to tailor a support plan for the clients.

c) Prepare records to manage each client.

3. Step 3. Implement the client support plan.

4. Step 4. Monitor, review, assess and adjust the support plan.

5. Step 5. End the support process and archive records.

Article 10. Prohibited acts

1. Providing, disclosing or destroying personal information and data of clients without consent of the clients or their guardians or representatives unless requested by the competent agency or individual as prescribed by law.

2. Refusing to provide social work services to clients in need of urgent protection, except force majeure events as prescribed by law.

3. Misusing the provision of social work services for personal gain or violation of laws.

4. Misusing the practice of social work for seeking personal gain from the State's regimes and policies or from the support of organizations and individuals.

5. Earning profits other than the remuneration and expenses agreed upon with organizations and individuals under social work service contracts, unless otherwise agreed upon by the parties.

6. Misusing the practice of social work and the provision of social work services for infringing upon the interests of the State, and legitimate rights and interests of organizations and individuals.

Chapter II

RIGHTS AND OBLIGATIONS OF SOCIAL WORK CLIENTS

Section 1. RIGHTS OF SOCIAL WORK CLIENTS

Article 11. Right to be advised and consulted about the use of social work services

1. Be informed, advised, consulted and instructed about the needs, appropriate social work methods and services.

2. To use social work services suitable for conditions circumstances of the clients and actual conditions of facilities providing social work services.

Article 12. Right to have their privacy respected

Have their privacy of management documentation preserved in the course of using social work services, except where the clients agree to share information as prescribed by law or competent authorities make a written request for access to documentation for performance of their tasks as prescribed by law.

Article 13. Right to have their honor respected and be provided with protection in the course of using social work services

1. Not be discriminated against, abused, exploited or forced to use services.

2. Have their age, gender, ethnicity, religion, folk beliefs, medical condition, economic conditions, social status and other personal characteristics respected.

Article 14. Right to select to use social work services

1. To select to use the social work services tailored to their needs.

2. Have their representatives or guardians in the course of using social work services under civil law.

Article 15. Right to be provided with information

1. Be provided with documentation for management of their case upon their written request.

2. Be provided with detail instructions about social work services upon request.

Article 16. Right to refuse to use social work services and leave facilities providing social work services

1. To refuse to use social work services if deemed inappropriate.

2. To leave facilities providing social work services as prescribed by law.

Article 17. Right to use social work services of minors, persons having lost capacity for civil acts, persons having difficulty in awareness and control of their acts, persons with restricted capacity for civil acts

1. Minors, persons having lost capacity for civil acts, persons having difficulty in awareness and control of their acts and persons with restricted capacity for civil acts must have representatives or guardians in accordance with regulations of law to decide to use social work services on their behalf.

2. In the event of an emergency, in order to promptly protect the life and health of minors, persons having lost capacity for civil acts, persons having difficulty in awareness and control of their acts, the head of the facility providing social work services may immediately decide to provide social work services to such clients.

Section 2. OBLIGATIONS OF SOCIAL WORK CLIENTS

Article 18. Obligation to respect practitioners and others working at facilities providing social work services

Respect and do not threaten or offend the honor and dignity; cause harm to the life, health and property of practitioners and others working at facilities providing social work services.

Article 19. Obligation to comply with regulations in the course of using social work services

1. Truthfully provide and take responsibility for personal information, fully cooperate with social work practitioners and persons working at facilities providing social work services.

2. Cooperate in adopting intervention measures and methods and therapies of social work practitioners as prescribed by law.

3. Comply with regulations imposed by facilities providing social work services and regulations of law on social work.

Article 20. Obligation to pay costs of using social work services

1. Any social work client using social work services shall pay for social work services under the social work service contract signed with the social work practitioner or facility providing social work services; the social protection beneficiaries and other beneficiaries prescribed by law are entitled to receive state subsidies on social work services or are exempted from paying for social work services.

2. The service contract shall be prepared using the Form No. 01 in the Appendix to this Decree.

Chapter III

SOCIAL WORK PRACTITIONERS

Section 1. RIGHTS OF SOCIAL WORK PRACTITIONERS

Article 21. Right to practice social work

1. To practice social work according to the certificate of eligibility for practice.

2. To make decisions on prevention, intervention, provision of therapy, protection or care, rehabilitation, development support, provision of advice and consulting and social work methods according to the certificate of eligibility for social work practice.

3. To draw up a social work service contract with organizations or individuals in need as prescribed by law.

4. Independent social work practitioners is entitled to receive remuneration under the contract. The remuneration shall be agreed upon under the contract signed with the client by adhering to the principle of correct and sufficient calculation based on the following factors: Details and nature of social work services; time and effort that a social work practitioner uses to render social work services; experience and reputation of the practitioner; travel and accommodation expenses and other reasonable expenses for providing social work services. In case the social work practitioner works at multiple facilities providing social work services, he/she is entitled to salary, allowances, remuneration and bonus (if any) according to regulations of law.

5. To practice at one or more facilities providing social work services or to practice independently.

6. To participate in socio-professional organizations for social work.

Article 22. Right to refuse to provide social work services

A social work practitioner reserves the right to refuse to provide social work services in the following cases:

1. The social work services are beyond the scope of the certificate of eligibility for practice or contrary to the certificate of eligibility for practice.

2. The provision of social work services contradicts regulations of law or social work ethics.

3. The social work service user or their relative causes harm to the body, health, life, honor, and dignity of the social worker practitioner.

4. Other cases prescribed by law.

Article 23. Right to have their professional expertise in social work improved

1. Be provided with training or re-training to improve professional expertise and update knowledge about social work appropriate to their practice.

2. To join refresher training courses and obtain exchanged information on professional expertise and law on social work.

Article 24. Right to be provided with protection upon practice of social work

1. To have their health, life, honor and body protected.

2. In case his/her life, health, honor or dignity is harmed, the social work practitioner is permitted to temporarily leave the workplace and the facility providing social work services; the local authority in the area where the case occurs shall take measures to protect the social work practitioner.

Article 25. Right to implement social work intervention measures

Preside over or cooperate with police authorities or relevant authorities in applying social work measures with a view to prevention, intervention, provision of therapy, protection or care, rehabilitation, development support, provision of advice, provision of assistance and protection of legitimate rights and interests of persons suffering physical or mental harm from violence, abuse or exploitation and other clients as prescribed by law.

Section 2. OBLIGATIONS OF SOCIAL WORK PRACTITIONERS

Article 26. Obligations of social work practitioners to social work service users

1. Respect rights of social work services; have a courteous and empathetic attitude.

2. Provide advice and information as prescribed.

3. Fairly treat social work service users without allowing personal gain or discrimination to influence professional decisions.

Article 27. Obligations of social work practitioners to their profession

1. Comply with regulations on professional expertise in social work.

2. Assume responsibility for professional decisions and social work methods.

3. Regularly study and update knowledge about social work to improve professional expertise in social work; take responsibility for paying for training, refresher training and knowledge updating costs; practice social work, unless otherwise prescribed by law.

4. Be dedicated to the practice of social work.

5. Keep confidentiality of information provided by social work service users, unless prescribed by law.

6. Notify competent persons of cases where other social work practitioners violate professional ethics against social work service users or colleagues or violate the provisions of this Decree.

7. Do not perform prohibited acts specified in Article 10 of this Decree.

Article 28. Obligations of social work practitioners to their colleagues

1. Respect and cooperate with colleagues in practice of social work.

2. Protect the honor and reputation of colleagues.

Article 29. Obligations of social work practitioners to the society

1. Participate in community development.

2. Participate in monitoring the professional competence and professional ethics of their fellow social work practitioners.

Article 30. Obligations of social work practitioners to professional ethics

1. Adhere to professional ethics upon practice of social work.

2. Comply with the code of social work ethics laid down by the Minister of Labor - Invalids and Social Affairs.

Section 3. ELIGIBILITY REQUIREMENTS FOR PRACTICE

Article 31. Eligibility requirements for social work practice

Any Vietnamese citizen residing in Vietnam, foreign national or overseas Vietnamese who complies with the Constitution and laws of Vietnam, has good moral character and fully satisfies the following conditions is entitled to practice social work:

1. He/she has obtained a diploma, advanced diploma, bachelor’s degree or postgraduate degree in social work, sociology, psychology, special education or other social sciences as prescribed by law.

2. He/she is physically fit for practice of social work.

3. He/she does not fall into the cases specified in Article 32 of this Decree and other cases in accordance with regulations of law on penalties for administrative violations.

4. He/she has an unexpired certificate of eligibility for social work practice issued by a competent authority.

Article 32. Prohibition from social work practice

A person is banned from practicing social work if:

1. He/she has unspent conviction.

2. He/she is sent to a compulsory education institution, compulsory rehabilitation center or reform school or given education at a commune, ward or commune-level town as an administrative penalty.

3. He/she is facing a criminal prosecution.

4. He/she has lost capacity for civil acts or has difficulty in awareness and control of their acts or has restricted capacity for civil acts and falls into other cases as prescribed by law.

Article 33. Use of language in practice of social work

1. Language used in social work is Vietnamese, except for the case specified in clause 2 of this Article.

2. Social work practitioners, foreign nationals and overseas Vietnamese are entitled to use a language other than Vietnamese to provide social work services at the request of clients and take responsibility for quality of such social work services.

Article 34. Updating knowledge about social work

1. Social work practitioners shall update knowledge about social work appropriate to their social work practice.

2. Knowledge about social work may be updated adopting the following methods:

a) Joining short-term training, coaching or refresher training courses, conferences, workshops and seminars on social work appropriate to the social work practice.

b) Participating in compiling textbooks, teaching materials, and professional documents on social work.

c) Conducting scientific researches on social work and teach social work within the range of practice.

d) Self-updating knowledge related to social work and other methods.

3. Social work practitioners shall join a training course with an average of at least 24 class periods/year or at least 120 class periods/05 years to update social work knowledge during their social work practice. Agencies and units employing social work practitioners shall enable them to update knowledge.

4. Facilities providing social work services, social work schools, centers and training institutions shall organize the updating of social work knowledge and issue certificates of updated social work knowledge to social work practitioners according to the Form No. 02 in the Appendix to this Decree.

5. Plans, contents, methods, programs and documents intended for updating of social work knowledge must be approved by competent authorities.

6. The certificate of updated social work knowledge is provided in the Form No. 02 in the Appendix to this Decree.

7. The Minister of Labor - Invalids and Social Affairs shall elaborate this Article.

Section 4. SOCIAL WORK PRACTICE

Article 35. Social work practice

1. Any applicant for the certificate of eligibility for social work practice must participate in social work practice as prescribed in clause 2 of this Article, except where he/she has been granted a license for social work practice by a competent foreign authority or organization.

2. The practice of social work shall adhere to the following principles:

a) The practice must conform to the awarded diploma/degree.

b) Social work must be practiced at units and facilities providing social work services (social support facilities, rehabilitation centers, health facilities, education institutions and other facilities as prescribed by law) with the scope of professional operations appropriate to the details of practice.

c) The minimum duration of practice required for a person holding a bachelor’s degree is 12 months, an advanced diploma is 09 months and a diploma is 06 months at a facility providing social network services.

d) The practitioner must accept the assignment by and comply with instructions of the practice instructor and must respect the rights and obligations of social work service users.

Article 36. Organizing social work practice

1. Receive a practitioner:

a) The practitioner must submit an application for practice according to Form No. 03 in the Appendix to this Decree and submit a copy and present the original of the relevant diploma or certificate (if any) to the unit or facility providing social work services to which the practice is applied.

b) The head of the unit or facility providing social work services shall receive the practitioner within 03 working days from the date of receiving the application. If the application is rejected, the within 01 working day, the head of the unit or facility providing social work services shall provide a written explanation.

2. Assign a practice instructor:

The head of the unit or facility providing social work services shall issue a decision to assign practice instructor according to the Form No. 04 in the Appendix to this Decree. A practice instructor is only allowed to instruct a maximum of 5 practitioners at a time.

3. The practice instructor must satisfy the following conditions:

a) His/her scope of professional operations is appropriate to the details and fields of social work practice; has worked for the unit or facility providing social work services for 3 years or more.

b) His/her qualification level is equivalent to or higher than that of the practitioner.

4. Responsibilities of the practice instructor:

a) Instruct practitioners in social work practice.

b) Within 02 working days from the end of the practice duration, give a written comment on the practice process, competence, professional expertise, practice skills and compliance with code of social work ethics and request the head of the unit or facility providing social work services to issue a certificate of practice.

c) Bear responsibility in case any practitioner makes professional mistakes during the practice process, thereby affecting the health and interests of clients through the practice instructor’s fault.

5. Issue a certificate of practice: Within 05 working days from the date of receiving the practice instructor’s written comment, the head of the unit or facility providing social work services shall issue a certificate of practice according to the Form No. 05 in the Appendix to this Decree.

Article 37. Training and refresher training for social work practitioners and social workers

1. Units and facilities providing social work services shall organize and enable social work practitioners and social workers to participate in training courses on and updating of social work knowledge in terms of professional operations and professional ethics.

2. The Ministry of Labor - Invalids and Social Affairs shall promulgate plans and standard framework for training, refresher training in and updating of social work knowledge; organize professional training courses on social work training and updating of social work knowledge for social work practitioners.

3. Agencies, organizations and facilities that update social work knowledge which are tasked with training, retraining, coaching and refresher training to improve professional expertise of social work practitioners and social workers must meet the standard training framework issued by the Ministry of Labor - Invalids and Social Affairs.

Section 5. APPLYING FOR SOCIAL WORK PRACTICE

Article 38. Certificate of eligibility for social work practice

1. Each social work practitioner shall be granted 01 certificate of eligibility for social work practice.

2. The granted certificate of eligibility for social work practice shall be valid nationwide for 05 years.

3. A certificate of eligibility for social work practice shall contain the following basic information:

a) Full name; date of birth; nationality; personal identification number or ID card number, passport number.

b) Details of social work practice.

c) Effective period of the certificate of eligibility for social work practice.

d) Status of the certificate of eligibility for social work practice (first issuance or re-issuance).

4. The certificate of eligibility for social work practice is provided in the Form No. 06 in the Appendix to this Decree.

Article 39. Authority to issue, re-issue and revoke certificates of eligibility for social work practice

Departments of Labor - Invalids and Social Affairs shall issue, re-issue and revoke certificates of eligibility for social work practice of social work practitioners working at units and facilities providing social work services, training institutions and vocational education and training institutions headquartered within their provinces; independent social work practitioners.

Article 40. Application for first issuance of certificate of eligibility for social work practice

1. An application form for social work practice, which is made using the Form No. 07 in the Appendix to this Decree (hereinafter referred to as “application form for practice).

2. A certificate of successful completion of social work practice.

3. A copy of the diploma, degree or certificate in social work, sociology, psychology, special education or other social sciences as prescribed by law.

4. A fit-to-work certificate issued by a competent health facility no more than 12 months before the date of submitting the application for issuance of the practicing certificate.

5. 02 04 x 06 cm color photos taken against a white background no more than 06 months before the date of submitting the application.

Article 41. Procedures for issuance of certificate of eligibility for social work practice

1. The applicant for issuance of certificate of eligibility for social work practice shall submit 01 application in person or online as prescribed in Article 40 of this Decree to the competent authority.

2. Within 07 working days from the date of receiving a sufficient application as prescribed, the competent authority shall issue the certificate of eligibility for social work practice. If the application is invalid, provide a written explanation within 03 working days.

3. The Department of Labor - Invalids and Social Affairs shall announce and publicize the list of social work practitioners on the web portal of the provincial People’s Committee and Department of Labor - Invalids and Social Affairs issuing the certificate of eligibility for social work practice.

Article 42. Re-issuance of certificate of eligibility for social work practice

1. The certificate of eligibility for social work practice shall be re-issued in any of the following cases:

a) The certificate of eligibility for social work practice is lost or damaged.

b) Any information specified in point a, b or c clause 3 Article 38 of this Decree is changed or erroneous.

c) The certificate of eligibility for social work practice expires as prescribed in clause 2 Article 38 of this Decree.

2. An application for re-issuance of certificate of eligibility for social work practice is composed of:

a) An application form for re-issuance of the certificate of eligibility for social work practice, which is made using the Form No. 08 in the Appendix to this Decree.

b) An original of the certificate of eligibility for social work practice in case it is damaged or information thereon is changed or erroneous.

c) A copy of the diploma or certificate appropriate to the detail of practice to be changed in case of change of information as specified in point b clause 3 Article 38 of this Decree.

d) 02 04 x 06 cm color photos taken against a white background no more than 06 months before the date of submitting the application.

dd) The certificate of updated social work knowledge equivalent to 120 class periods in a period of 05 years in the case specified in point c clause 1 of this Article.

3. Procedures for re-issuance of certificate of eligibility for social work practice

a) The applicant for re-issuance of certificate of eligibility for social work practice shall submit 01 application in person or online as prescribed in clause 2 of this Article to the competent authority.

b) The social work practitioner must complete the procedures for re-issuance of the certificate of eligibility for social work practice at least 15 days before the expiry date of the certificate of eligibility for social work practice.

c) Within 05 working days from the date of receiving a sufficient application as prescribed, the authority competent to issue the certificate of eligibility for social work practice shall re-issue the certificate of eligibility for social work practice. If the application is invalid, provide a written explanation within 02 working days.

Article 43. Revocation of certificate of eligibility for social work practice

1. The certificate of eligibility for social work practice shall be revoked in any of the following cases:

a) Any document in the application for issuance of certificate of eligibility for social work practice is forged.

b) The social work practitioner fails to satisfy the requirements for updating of social work knowledge prescribed in clause 3 Article 34 of this Decree.

c) The social work practitioner returns the certificate of eligibility for social work practice himself/herself.

d) The social work practitioner falls into one of the cases of prohibition from social work practice specified in Article 10 and Article 32 of this Decree.

dd) The social work practitioner violates professional ethics, thereby adversely affecting physical and mental health, and dignity of clients according to the conclusion given by the competent authority.

2. After the certificate of eligibility for social work practice is revoked, if the social work practitioner wishes to keep practice, he/she must apply for issuance of a new certificate of eligibility for social work practice as prescribed in this Decree after 05 years from the date of revocation.

Article 44. Regulations on applying for social work practice in Vietnam applicable to foreign nationals and overseas Vietnamese

1. A foreign national or overseas Vietnamese is entitled to practice social work in Vietnam if he/she has an unexpired license for social work practice issued by the competent foreign authority or organization recognized under the treaty or international agreement to which the Socialist Republic of Vietnam is a signatory.

2. An application for social work practice in Vietnam consists of:

a) An application form for social work practice, which is made using the Form No. 07 in the Appendix to this Decree.

b) The license for social work practice which has been granted by the competent foreign authority or organization and undergone consular legalization according to Vietnam’s laws.

3. Procedures for applying for social work practice in Vietnam

a) The foreign national or overseas Vietnamese shall submit 01 application as prescribed in clause 2 of this Article to the competent authority specified in Article 39 of this Decree.

b) Within 07 working days from the date of receiving the application, the competent authority specified in Article 39 of this Decree shall issue the certificate of eligibility for social work practice according to the Form No. 06 in the Appendix to this Decree. If the application is unsatisfactory, provide a written explanation within 03 working days.

4. Where a foreign national or overseas Vietnamese issued with the license for social work practice issued by the competent foreign authority or organization recognized has carried out social work in Vietnam for clients in batches, cooperated in social work training and practice or transferred technical know-hows in social work practice, he/she is not required to follow the procedures for applying for social work practice in Vietnam as prescribed in this Article.

Chapter IV

RESPONSIBILITY FOR STATE MANAGEMENT

Article 45. Responsibilities of ministries and central authorities

1. The Ministry of Labor - Invalids and Social Affairs shall assist the Government in performing uniform state management of social work and has the following tasks and powers:

a) Formulate and submit to the Government and the Prime Minister for decision on strategies, projects, plans and policies for social work development and planning, improvement and development of the network of social support facilities providing social work services; develop the network of social workers at vocational education and training institutions, at provincial, district and commune levels; determine the number of social work practitioners by population in a manner that is suitable for actual conditions of localities.

b) Submit to a competent authority for promulgation of or promulgate under its authority mechanisms, policies and legislative documents on social work; professional ethical standards applicable to social workers; instructions on social work practice.

c) Preside over and cooperate with the Ministry of Home Affairs and relevant ministries and central authorities in studying, formulating and perfecting standards applicable to job titles of social workers and salary regimes applicable to public officials, public employees and employees doing social work.

d) Perform uniform management of the issuance, re-issuance and revocation of certificates of eligibility for social work practice.

dd) Organize training, retraining and professional training in social work and provide refresher training to and develop competence of social workers and social work practitioners; communicate to raise awareness of social work.

e) Apply information technology in the field of social work; build an information system to manage social workers, social work practitioners, facilities providing social work services and social work service users.

2. The Ministry of Health shall preside over providing guidelines on social work in medical field and perform other tasks according to its functions and tasks of state management.

3. The Ministry of Education and Training shall preside over and cooperate with relevant ministries, central authorities and relevant authorities to complete legislative documents on social work at education and training institutions under its state management and provide guidance on their implementation; set up projects on social work and perform other tasks according to its functions and tasks of state management.

4. The Ministry of Public Security shall preside over providing guidelines on social work in detention facilities, compulsory education institutions and reform schools, and perform other tasks according to its functions and tasks of state management.

5. The Ministry of Justice shall cooperate with the Ministry of Labor - Invalids and Social Affairs to complete mechanisms and policies on social work development; cooperate with ministries and central authorities to provide guidance on social work in the areas of justice and adoption; provide legal assistance and perform other social work-related activities according to its functions and tasks of state management.

6. The Ministry of Planning and Investment shall preside over and cooperate with the Ministry of Finance, Ministry of Labor - Invalids and Social Affairs and relevant agencies in requesting competent authorities to include state budget in the medium-term and annual public investment plans to consolidate and develop public social support facilities providing social work services.

7. The Ministry of Finance shall consolidate social work policies, schemes, projects and programs and request competent authorities to provide funding for implementation thereof according to regulations of law on state budget.

8. Ministries and central authorities shall provide guidance and implement this Decree according to the functions and tasks assigned by competent authorities.

Article 46. Responsibilities of provincial People’s Committees

1. Direct, provide guidance on and organize the implementation of Decree on social work within their provinces.

2. Provide funding and human resources for implementation of schemes, projects, programs and tasks for social work development within their provinces.

3. Direct, provide guidelines on and organize the issuance, re-issuance and revocation of certificates of eligibility for social work practice under their authority.

4. Carry out examination and inspection, impose penalties for violations and handle complaints and denunciations on organization and activities of social work practitioners under their management.

5. Submit an annual report (before the 15^th of December) and ad hoc reports on the implementation of Decree on social work within their provinces to the Ministry of Labor - Invalids and Social Affairs for consolidation and reporting to the Prime Minister.

Chapter V

IMPLEMENTATION CLAUSE

Article 47. Effect

1. This Decree comes into force from October 15, 2024.

2. As of January 01, 2027, every social work practitioner is required to obtain the certificate of eligibility for social work practice as prescribed in this Decree.

Article 48. Responsibility for implementation

Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities are responsible for the implementation of this Decree.

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