Chương IV Nghị định 76/2023/NĐ-CP: Cơ sở khác tham gia trợ giúp phòng ,chống bạo lực gia đình; cơ sở cung cấp dịch vụ trợ giúp phòng , chống bạo lực gia đình

Chapter IV

OTHER FACILITIES PARTICIPATING IN PREVENTION AND COMBAT AGAINST DOMESTIC VIOLENCE; PROVIDERS OF DOMESTIC VIOLENCE PREVENTION AND COMBAT SUPPORT SERVICES

Article 22. Operational contents and scope of other facilities participating in the prevention and combat against domestic violence

1. Other facilities participating in the prevention and combat against domestic violence are facilities registered for participation in the prevention and combat against domestic violence voluntarily by organizations and individuals.

2. Other facilities participating in the prevention and combat against domestic violence may receive preferential policies according to domestic violence prevention and combat laws.

3. Operational contents of other facilities participating in the prevention and combat against domestic violence:

a) Participation in the dissemination and mobilization for domestic violence prevention and combat;

b) Support for resources for domestic violence prevention and combat;

c) Support for domestic violence victims’ living costs;

d) Provision of occupational training and job introduction for unemployed domestic violence victims and perpetrators who wish for support.

4. Operational scope of other facilities participating in the prevention and combat against domestic violence:

a) Individuals and organizations shall register operations in one or several contents prescribed in Clause 3 of this Article;

b) Individuals and organizations shall register participation in domestic violence prevention and combat support for employees, association members, trade union members, or members under their management.

Article 23. Registration of operational contents and scope of other facilities participating in the prevention and combat against domestic violence

1. Individuals and organizations participating in domestic violence prevention and combat support shall send notifications of the registration of operational contents and scope under Clause 3 and Clause 4 Article 22 of this Decree to authorities of culture, sports, and tourism of the People's Committees of provinces where they are headquartered following Form No. 12 of the Appendix enclosed with this Decree.

2. Notifications specified in Clause 1 of this Article shall be sent in person, through postal services, or electronic means. In case the organizations and individuals specified in Clause 1 of this Article send the notifications via electronic means, such notifications shall be in the form of photocopy (from the original) or PDF with digital signatures.

3. Authorities of culture, sports, and tourism of People’s Committees of provinces specified in Clause 1 of this Article shall confirm the receipt of the notifications of registration of operational contents and scope following Form No. 13 of the Appendix enclosed with this Decree. In case of refusal, provide answers and explanations in writing.

4. Other facilities participating in domestic violence prevention and combat may only operate according to their registered operational contents and scope. In case other facilities participating in domestic violence prevention and combat have operational contents and scope unprescribed in Clause 3 and Clause 4 Article 22 of this Decree, the establishment and operation of such facilities shall comply with regulations applicable to providers of domestic violence prevention and combat support services.

5. Employees directly participating in the provision of support services at other facilities participating in domestic violence prevention and combat shall receive advanced training in knowledge and skills in preventing and combating domestic violence according to Article 26 of this Decree.

6. Authorities of culture, sports, and tourism of People’s Committees of provinces shall:

a) Organize advanced training in knowledge and skills in preventing and combating domestic violence for persons participating in domestic violence prevention and combat at other facilities participating in domestic violence prevention and combat;

b) Inspect the operations of other facilities participating in domestic violence prevention and combat as prescribed by laws.

Article 24. Requirements for heads of providers of domestic violence prevention and combat support services

1. Have full legal capacity and have not been criminally prosecuted or received fines for acts of domestic violence, specifically:

a) Have adequate health as concluded by competent health facilities according to health checkup laws;

b) Have not been criminally prosecuted or received any fine concerning domestic violence prevention and combat.

2. Have at least a bachelor's degree in training majors, disciplines, and fields concerning services of provision registration, specifically:

a) Regarding a provider of counseling services concerning domestic violence prevention and combat: the head of such a facility shall have at least a bachelor’s degree in majors of teacher training, health care, psychology, law, sociology, or community services;

b) Regarding a provider of shelter services for domestic violence victims: the head of such a facility shall have at least a bachelor’s degree;

c) Regarding a provider of domestic violence prevention and control education services: the head of such a facility shall have at least a bachelor’s degree in majors of teacher training, health care, psychology, law, or community services;

d) Regarding a provider of mental health care and mental illness prevention services for domestic violence victims: the head of such a facility shall have at least a bachelor's degree in majors of teacher training, health care, psychology, sociology, or community services;

dd) Regarding a provider of other services concerning domestic violence prevention and combat: the head of such a facility shall have at least a bachelor’s degree in majors, disciplines, and fields in conformity with the provided services.

3. In case a provider registers for the provision of multiple services prescribed in Clause 1 Article 40 of the Law on Prevention and Combat against Domestic Violation, the head of such a facility shall meet the requirements prescribed in Clause 1 and at least one of the qualifications prescribed in Points a, c, d, and dd Clause 2 of this Article.

Article 25. Competence to organize advanced training in knowledge and skills in preventing and combating domestic violence according to Point b Clause 2 Article 40 of the Law on Prevention and Combat against Domestic Violence

1. The Ministry of Culture, Sports and Tourism of Vietnam and People’s Committees of provinces are competent to organize advanced training in knowledge and skills in preventing and combating domestic violence according to Point b Clause 2 Article 40 of the Law on Prevention and Combat against Domestic Violence.

2. Annually, state authorities prescribed in Clause 1 of this Article shall promulgate plans for advanced training in knowledge and skills in preventing and combating domestic violence and disclose them on the website of the plan promulgation authority.

3. Facilities permitted by state authorities to organize advanced training in knowledge and skills in preventing and combating domestic violence are facilities identified in plans for advanced training in knowledge and skills in preventing and combating domestic violence promulgated by state authorities specified in Clause 1 of this Article.

4. Facilities prescribed in Clause 3 of this Article shall issue certificates to participants of advanced training courses following Form No. 14 of the Appendix enclosed with this Decree after the completion of such courses.

Article 26. Contents of advanced training in the knowledge and skills in participating in domestic violence prevention and combat

1. Employees directly providing domestic violence prevention and combat counseling are entitled to advanced training in the knowledge of domestic violence prevention and combat laws, identification of domestic violence acts, skills in responding to domestic violence, and knowledge and skills in providing domestic violence prevention and combat counseling.

2. Employees directly providing services of shelters and other necessary needs for domestic violence victims are entitled to advanced training in the knowledge of domestic violence prevention and combat laws, identification of domestic violence acts, skills in responding to domestic violence, and skills in preventing domestic violence.

3. Employees directly carrying out domestic violence prevention and control education are entitled to advanced training in the knowledge of domestic violence prevention and combat laws, identification of domestic violence acts, anger management skills, violence control skills, and skills in developing family relationships.

4. Employees directly providing health care and mental illness prevention for domestic violence victims are entitled to advanced training in the knowledge of domestic violence prevention and combat laws, identification of domestic violence acts, knowledge and skills in caring for domestic violence victims, and knowledge and skills in providing psychotherapy and mental health care for domestic violence victims.

5. Employees performing other activities concerning domestic violence prevention and combat are entitled to advanced training in the knowledge of domestic violence prevention and combat laws, identification of domestic violence acts, and knowledge and skills concerning the provided services.

6. Persons with issued certificates of advanced training in knowledge and skills in preventing and combating domestic violence prescribed in Clauses 1, 2, 3, 4, and 5 of this Article shall, after 5 years from the issuance date, participate in additional advanced training courses to update and supplement their knowledge and skills in preventing and combating domestic violence according to their field of work.

Article 27. Requirements for physical facilities and locations regarding facilities providing shelters or domestic violence prevention and control education services

1. Requirements for physical facilities:

a) Providers of shelters for domestic violence victims shall meet the mandatory requirements for beds, mats, blankets, curtains, electric knighting, fans, contact phones, closed toilets, doors with locks, and other requirements according to construction, order, and security laws;

b) Providers of domestic violence prevention and control education services shall have facilities of service provision with appropriate hygiene and safety assurance according to fire prevention and firefighting and construction laws and equipment in conformity with the provided services.

2. Requirements for locations: providers of shelters or domestic violence prevention and control education services shall have specific headquarters for operations and transactions. The mentioned headquarters shall be prescribed in certificates of establishment registration.

Article 28. First-time issuance of certificates of establishment registration of providers of domestic violence prevention and combat support services

1. An application for first-time issuance of the certificate of establishment registration of a provider of domestic violence prevention and combat support services includes:

a) Application for first-time issuance of the certificate of establishment registration of provider of domestic violence prevention and combat support services following Form No. 15 of the Appendix enclosed with this Decree;

b) Draft operational regulations of the provider of domestic violence prevention and combat support services;

c) Schedule for service prices (if any);

d) Requirements applicable to the head: (1) health checkup paper issued by a competent health facility according to health checkup laws; (2) certified copies of the bachelor’s degree (or higher) in the major concerning the services registered for provision; (3) certified copies of other diplomas and certificates concerning services registered for the establishment; (4) declaration of not having been criminally prosecuted or fined for administrative violations of domestic violence prevention and combat following Form No. 16 of the Appendix enclosed with this Decree;

dd) Requirements applicable to the application of an employee directly providing domestic violence prevention and combat support services: (1) health checkup paper issued by a competent health facility according to health checkup law; (2) certified copies of the high school diploma (or higher); (3) certified copies of diplomas and certificates concerning the services expected to be provided; (4) certified copies of the certificate of advanced training in knowledge and skills in preventing and combating domestic violence;

e) Any authority, organization, and individual registering for the establishment of a provider of domestic violence prevention and combat support services shall submit an application in person, through postal services, or electronic means to the authority of culture, sports, and tourism of the People’s Committee of the province where the provider is headquartered to request for the first-time issuance of the certificate of establishment registration.

In case of submission via electronic means, components of the application shall be in the form of a photocopy (from the original) or PDF with digital signatures. Documents shall be named corresponding to the names of the enclosed papers and documents.

2. Procedures for the first-time issuance of a certificate of establishment registration of a provider of domestic violence prevention and combat support services are as follows:

a) If the application is invalid, within 5 working days after receiving the application, the receiving authority shall notify the applicant of such matter in writing for the applicant to amend the application;

b) If the application is valid, within 10 working days after receiving the application, the receiving authority shall perform the first-time issuance of the certificate to the provider of domestic violence prevention and combat support services following Form No. 17 of the Appendix enclosed with this Decree. In case of refusing to issue the certificate, provide answers and explanations in writing.

The certificate shall be sent in person, through postal services, or electronic means to the address registered by the applicant. If the certificate is sent through electronic means, the certificate shall be in PDF form with digital signatures.

Article 29. Re-issuance and renewal of certificates of establishment registration of providers of domestic violence prevention and combat support services

1. Regulations on the re-issuance of certificates of establishment registration of providers of domestic violence prevention and combat support services:

a) Providers of domestic violence prevention and combat support services shall apply for re-issuance of certificates of establishment registration in case their certificates or lost, torn, or damaged;

b) Providers of domestic violence prevention and combat support services shall submit applications for the re-issuance in person, through postal services, or electronic means to certificate issuance authorities following Form No. 15 of the Appendix enclosed with this Decree;

c) In case of invalid applications, the receiving authority shall instruct the completion of such applications after receiving them in person. Regarding invalid applications sent through postal services or electronic means, within 1 working day after receiving such applications, the receiving authority shall send written notifications to applicants for them to amend such applications;

d) Within 3 working days after receiving the valid applications, competent authorities shall re-issue certificates of establishment registration to providers of domestic violence prevention and combat support services following Form No. 17 of the Appendix enclosed with this Decree. In case of refusing to re-issue the certificate, provide answers and explanations in writing.

The certificates shall be sent in person, through postal services, or electronic means to the addresses registered by applicants. If the certificates are sent through electronic means, they shall be in PDF form with digital signatures.

2. Regulations on the renewal of certificates of establishment registration of providers of domestic violence prevention and combat support services:

a) A provider of domestic violence prevention and combat support services shall apply for the renewal of the certificate of establishment registration in the following cases: (1) changes to the head; (2) changes to the address; (3) changes to the operational contents and scope;

b) An application for the renewal of a certificate of establishment registration includes: (1) regarding the case of changes to the head, comply with Point d Clause 1 Article 28 of this Decree; (2) the application shall follow Form No. 15 of the Appendix enclosed with this Decree. The applicant shall be submitted in person, through postal services, or electronic means. In case of submission via electronic means, components of the application shall be in the form of a photocopy (from the original) or PDF with digital signatures. Documents shall be named corresponding to the names of the enclosed papers and documents;

c) Procedures for the renewal of the certificate of establishment registration shall comply with Clause 2 Article 28 of this Decree. The renewed certificate of establishment registration shall follow Form No. 17 of the Appendix enclosed with this Decree.

The certificate shall be sent in person, through postal services, or electronic means to the address registered by the applicant. If the certificate is sent through electronic means, the certificate shall be in PDF form with digital signatures.

Article 30. Revocation of certificates of operation registrations of providers of domestic violence prevention and combat support services

1. A provider of domestic violence prevention and combat support services shall have its certificate of operation registration revoked in the following cases:

a) The certificate of operation registration has been renewed;

b) The provider changes its operational purposes;

c) The certificate of operation registration is issued contrary to laws;

d) The provider is dissolved or terminates its operations;

dd) The provider does not operate 12 months after the issuance of the certificate.

2. Authorities of culture, sports, and tourism of People’s Committees of provinces that issue certificates of operation registration to providers of domestic violence prevention and combat support services are competent to revoke such certificates.

3. Procedures for revoking certificates of establishment registration:

a) Regarding cases prescribed in Points a and b Clause 1 of this Article, the revocation shall be carried out after the re-issuance or renewal;

b) Regarding the case prescribed in Point b Clause 1 of this Article, the revocation shall be carried out immediately;

c) Regarding cases prescribed in Points c and dd Clause 1 of this Article, certificates shall be revoked after 15 days from the date the violation is detected and the provider fails to provide any explanation. If the explanation is approved by the competent authority, within 6 months, the provider shall rectify its violation.

The revocation shall be made into a document following Form No. 18 of the Appendix enclosed