Decree 110/2024/ND-CP on social work
ATTRIBUTE
Issuing body: | Government | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
Official number: | 110/2024/ND-CP | Signer: | Le Thanh Long |
Type: | Decree | Expiry date: | Updating |
Issuing date: | 30/08/2024 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
Fields: | Policy |
THE GOVERNMENT |
| THE SOCIALIST REPUBLIC OF VIETNAM |
No. 110/2024/ND-CP |
| Hanoi, August 30, 2024 |
DECREE
On social work[1]
Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;
Pursuant to the November 23, 2009 Law on the Elderly;
Pursuant to the June 17, 2010 Law on People with Disabilities;
Pursuant to the June 17, 2010 Law on Child Adoption;
Pursuant to the April 5, 2016 Law on Children;
Pursuant to the November 14, 2022 Law on Domestic Violence Prevention and Control;
At the proposal of the Minister of Labor, Invalids and Social Affairs;
The Government promulgates the Decree on social work.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree prescribes the rights and obligations of social work service users; rights and obligations of social work practitioners; conditions for registration of social work practice; social work internship; and competence, dossiers and procedures for grant, re-grant and revocation of social work practice registration certificates.
Article 2. Subjects of application
This Decree applies to persons performing social work and social work practitioners; domestic agencies, organizations and individuals and foreign individuals in Vietnam (below referred collectively to as organizations and individuals); and individuals, groups, families and communities performing activities related to social work in Vietnam.
Article 3. Interpretation of terms
In this Decree, the terms below are construed as follows:
1. Social work means support activities for individuals, groups, families and communities to solve social problems.
2. Social work service users mean individuals, groups, families or communities having the demand for social work services (below referred to as service users).
3. Social work services mean services provided by organizations or individuals qualified for conducting social work activities in order to support individuals, groups, families and communities to solve social problems.
4. Social work professional ethics means ethical standards that persons performing social work and social work practitioners must comply with while performing professional activities.
5. Social work practice means professional activities providing intensive expertise (prevention, intervention, therapy, care, rehabilitation and support for development, counseling, consultation and psychological support for service users) by persons performing social work who are granted social work practice registration certificates by competent authorities.
6. Social work practice registration certificate means a document issued by a competent state agency to a person qualified for social work practice registration under this Decree (below referred to as practice registration certificate).
7. Private secrets of social work service users consist of secrets about their private lives, personal secrets, family secrets prescribed by the civil law, and secrets about case management records.
8. Social work in the judicial field means the application of social work theories, principles and methods to contribute to protect the lawful rights and interests of service users in the judicial process.
Article 4. Functions of social work
Social work has the functions of providing support and prevention; intervention and therapy; and support for the rehabilitation and development of service users in order to ensure social security and cultivate people’s happiness, contributing to ensuring the exercise of human rights, dignity and values as well as social justice and equality in accordance with law.
Article 5. Principles of social work
1. To respect and promote service users’ right to select and make decisions without discrimination against their values, beliefs, ideologies and lives and infringement upon others’ lawful rights and interests.
2. To promote service users’ full participation by helping them make decisions and solve problems affecting their lives by their own.
3. To focus on service users’ strengths and take advantage of their available resources to boost the empowerment.
4. To bear responsibility for social work professional activities and ensure that service users are provided with appropriate and good social work services.
5. To promote social justice and ensure fair and transparent provision of resources to meet service users’ needs.
6. To respect diversity and ensure non-discrimination by capacity, age, gender, marital status, socio-economic status, skin color, race, region, nationality, political stance, religious belief, and health features of service users.
7. To ensure that all decisions are made for service users’ best interests.
Article 6. The State’s policies on social work
1. The State shall play a key role in developing public social work service establishments in commensurate with socio-economic conditions and the state budget’s capacity in each period.
2. To accelerate the socialization of social work; to encourage organizations and individuals to invest in developing the system of social work service establishments and take part in provision of social work services.
3. To develop human resources for social work, especially in areas facing socio-economic difficulties.
Article 7. Persons performing social work
Persons performing social work are those falling into one of the following cases:
1. Civil servants, public employees and employees performing social work in state management agencies and public non-business units.
2. Persons performing social work in social work service units and establishments in social affairs, health, education and justice fields, detention facilities, reformatories and other fields prescribed by law.
3. Persons performing social work in socio-political organizations, socio-professional organizations, non-governmental organizations, societies, associations, businesses and other organizations prescribed by law.
4. Persons performing social work in an independent manner.
Article 8. Social work services
Social work services include one or a number of the following services:
1. Emergency protective services
a/ Assessing risks and needs of service users; screening and classifying service users. In case of necessity, transferring service users to medical establishments, education institutions, public security agencies, or other appropriate agencies or organizations.
b/ Assuring the safety and meeting emergency needs of service users for healthcare, safe shelter, drinking water, food, clothing, essential items and transportation.
2. Care, intervention, rehabilitation and development support services
a/ Assessing service users’ needs and screening and classifying service users; making case management records.
b/ Providing psychological counseling and consultation to, and psychological support and rehabilitation for, service users.
c/ Providing treatment for mental disorder, therapy for psychological trauma and crisis, and physical rehabilitation.
d/ Providing intervention, protection, care, rehabilitation and development support for service users.
dd/ Formulating and implementing intervention and assistance plans for service users; monitoring, reviewing and evaluating intervention and assistance activities to modify plans as appropriate.
e/ Ending intervention and assistance plans for service users, storing service users’ case management records or implement new intervention and assistance plans (if the service users so need).
g/ Managing, caring about and nurturing service users.
h/ Connecting and providing medical treatment and healthcare services; sending service users to social work service establishments or other establishments in order to meet their needs.
i/ Organizing physical rehabilitation, sports, and cultural and religious and other activities appropriate to service users’ age and health.
k/ Organizing academic classes, career orientation education and vocational education, creating livelihoods and jobs so as to help service users develop their physical and mental health and personality and integrate into the community.
l/ Supporting service users in benefiting social security policies; seeking and arranging appropriate forms of care.
3. Social education and capacity building services
a/ Providing social education services and parenting skill education, developing self-solve problem capability; providing life skills training for children and minors.
b/ Training, further training and coaching on social work for the contingent of civil servants and public employees, social workers and social work collaborators.
c/ Organize coaching courses and seminars on knowledge and skills for groups of service users in need.
4. Services to prevent service users from falling into difficult circumstances, assault or abuse; school violence and gender and domestic violence; mistreatment and labor exploitation.
5. Social work services in the fields of health, education, justice, court, social welfare, gender equality, child protection, care for the elderly and people with disabilities, poverty reduction, drug prevention and control, community development, social work for employees and other fields prescribed by law.
6. Facility-based and community-based management of service users.
7. Support for community development
a/ Contacting people and authorities at all levels to identify community problems so as to formulate community assistance programs and plans.
b/ Proposing social work mechanisms, policies and solutions to competent agencies.
c/ Developing a network of social workers and social work collaborators and volunteers.
d/ Organizing communication work to raise awareness about social work.
8. Provision of support to eligible service users to leave social relief establishments, detention facilities, drug rehabilitation facilities, and medical establishments and return to their families, integrate into the community and stabilize their lives.
9. Mobilization of resources for social work activities.
Article 9. Process of providing social work services
The process of providing social work services to service users consists of the following steps:
1. Step 1. Receiving and collecting information on service users and assessing their needs for help
a/ Collecting basic information on service users and their families and relatives, information on their guardians or caregivers and other related information (if any).
b/ Making comprehensive assessment of service users’ needs for help (in the order of priority).
c/ Screening and classifying service users.
2. Step 2. Formulating plans on provision of assistance to service users
a/ Formulating plans on provision of assistance to service users appropriate to them and their needs.
b/ Assuming prime responsibility for, and coordinating with service users and related organizations and individuals in, in working out specific objectives, contents of activities, time frame and resources serving the formulation of the plans on provision of assistance to service users.
c/ Making a case management record for each service user.
3. Step 3. Implementing plans on provision of assistance to service users.
4. Step 4. Monitoring, reviewing, evaluating and modifying assistance plans.
5. Step 5. Concluding the process of provision of assistance and storing records.
Article 10. Prohibited acts
1. Providing, publicizing, disclosing or destroying service users’ personal information and data without the consent of service users or their guardians or representatives, unless it is so requested by competent agencies or individuals in accordance with law.
2. Refusing to provide social work services to service users in need of urgent protection, except force majeure cases prescribed by law.
3. Taking advantage of the provision of social work services for seeking personal gains or committing law violations.
4. Taking advantage of social work practice for seeking personal gains from the State’s regime and policies and support and assistance of organizations and individuals.
5. Collecting fees and benefits other than remunerations and expenses agreed with organizations and individuals in social work service provision contracts, unless otherwise agreed upon by the parties.
6. Taking advantage of social work practice and provision of social work services to infringe upon the State’s interests and lawful rights and interests of organizations and individuals.
Chapter II
RIGHTS AND OBLIGATIONS OF SERVICE USERS
Section 1
RIGHTS OF SERVICE USERS
Article 11. The right to be consulted and counseled on the use of social work services
1. To be provided with information, consultation, counseling and guidance on the needs for and methods of social work and appropriate social work services.
2. To use social work services appropriate to their conditions and circumstances and practical conditions of social work service establishments.
Article 12. The right to respect of privacy
Service users shall have information on their case management records kept confidential during the process of using social work services unless they agree to share information in accordance with law or competent agencies make a request for access to case management records to serve the performance of tasks in accordance with law.
Article 13. The right to respect for honor and protection in the process of using social work services
1. Not to be discriminated against, mistreated, abused, or coerced into using the services.
2. To be respected in terms of age, gender, ethnicity, religion, beliefs, health status, economic conditions, social status and other personal particulars.
Article 14. The right to choose to use social work services
1. To choose to use social work services appropriate to their needs.
2. To have a representative or guardian in the course of using social work services in accordance with the civil law.
Article 15. The right to receive information
1. To be provided with their own case management records if filing a written request therefor.
2. To be provided with detailed instructions on social work services if they so request.
Article 16. The right to refuse to use social work services and leave social work service establishments
1. To refuse to use social work services if finding them inappropriate.
2. To leave social work service establishments in accordance with law.
Article 17. The right to use social work services of minors, persons who have lost civil act capacity, and persons with difficulties in perceiving and controlling acts or with a limited civil act capacity
1. Minors, persons who has lost civil act capacity, and persons with difficulties in perceiving and controlling acts or with a limited civil act capacity must have representatives or guardians as prescribed by law who shall decide on the use of social work services for them.
2. In case of emergency, in order to timely protect the life and health of minors, persons who have lost civil act capacity or persons with difficulties in perceiving and controlling acts or with a limited civil act capacity, heads of social work service establishments may immediately decide to provide social work services to these subjects.
Section 2
OBLIGATIONS OF SERVICE USERS
Article 18. The obligation to respect social work practitioners and other staff members of social work service establishments
To respect and refrain from committing acts of threatening or offending the honor and dignity or causing harms to the life, health, and property of social work practitioners and other staff members of social work service establishments.
Article 19. The obligation to comply with regulations in the course of using social work services
1. To truthfully provide personal information and be held responsible for such information, and fully cooperate with social work practitioners and other staff members of social work service establishments.
2. To coordinate with social work practitioners in the application of intervention and therapy measures and methods in accordance with law.
3. To abide by internal regulations of social work service establishment and regulations on social work.
Article 20. The obligation to pay social work service charges
1. When using social work services, service users shall pay social work service charges according to social work service provision contracts signed with social work practitioners or social work service establishments, except social protection beneficiaries and other subjects prescribed by law that are entitled to state support for, or exemption from, social work service charges.
2. Contracts shall be made according to Form No. 01 provided in the Appendix to this Decree.
Chapter III
SOCIAL WORK PRACTITIONERS
Section 1
RIGHTS OF SOCIAL WORK PRACTITIONERS
Article 21. The right to practice social work
1. To practice social work according to the practice registration certificate.
2. To decide on the prevention, intervention, therapy, protection, care, rehabilitation, development support, counseling, assistance and methods of social work according to the practice registration certificate.
3. To enter into social work service provision contracts with organizations and individuals in need in accordance with law.
4. Independent social work practitioners are entitled to receive remuneration according to contracts. Remuneration shall be agreed in contracts signed with service users, adhering to the principle of correct and complete calculation on the basis of the following factors: the contents and nature of social work services; time and efforts to be spent by social work practitioners to provide social work services; experiences and prestige of social work practitioners; and travel, accommodation and other reasonable expenses serving the provision of social work services. Social work practitioner who work at social work service establishments shall be entitled to the regime of salary, allowance, remuneration, and additional bonus (if any) in accordance with law.
5. To practice at one or more than one social work service establishments or practice independently.
6. To join socio-professional organization operating in the field of social work.
Article 22. The right to refuse to provide social work services
A social work practitioner may refuse to provide social work services in the following cases:
1. The to-be-provided social work services are beyond or contrary to his/her practice registration certificate.
2. The provision of such social work services is contrary to law or social work professional ethics.
3. The service user or his/her relative commits acts of infringing upon the body, health, life, honor or dignity of the social work practitioner.
4. Other cases prescribed by law.
Article 23. The right to improve social work professional capacity
1. To be provided with training and retraining to develop professional capacity and update professional knowledge in conformity with the scope of professional practice.
2. To take part in further training and exchange information on the social work profession and legal knowledge about social work.
Article 24. The right to safety when practicing social work
1. To have their health, life, honor, and body protected.
2. In case a social work practitioner’s life, health, honor or reputation is threatened by another person, the social work practitioner may temporarily leave the workplace and social work service establishments; and the administration of the locality where the event occurs shall apply measures to protect him/her.
Article 25. The right to apply social work intervention measures
To assume the prime responsibility for, or coordinate with public security agencies or related agencies in, applying social work professional measures so as to prevent, intervene, provide therapy, protection, care, rehabilitation and support for development, counseling and assistance, protect the lawful rights and interests of those suffering physical and mental damage due to violence, abuse or mistreatment and other subjects as prescribed by law.
Section 2
OBLIGATIONS OF SOCIAL WORK PRACTITIONERS
Article 26. Obligations of social work practitioners toward service users
1. To respect service users’ rights; to have gentle and sympathetic attitude.
2. To provide counseling and information in accordance with regulations.
3. To treat service users equally; to refrain from letting personal interests or discrimination affecting professional decisions.
Article 27. Obligations of social work practitioners toward their profession
1. To strictly comply with professional regulations.
2. To be responsible for professional decisions and social work methods.
3. To constantly study and update social work knowledge to improve professional social work qualifications; to pay expenses for training, further training and updating of knowledge, and social work internship, unless otherwise prescribed by law.
4. To demonstrate devotion in social work practice.
5. To keep information provided by service users confidential, except cases prescribed by law.
6. To inform competent persons of breaches of professional ethics by other social work practitioners in relation to service users or colleagues or violations of this Decree.
7. To refrain from committing the prohibited acts specified in Article 10 of this Decree.
Article 28. Obligations of social work practitioners toward their colleagues
1. To cooperate and respect their colleagues in social work practice.
2. To protect the honor and reputation of their colleagues.
Article 29. Obligations of social work practitioners toward the society
1. To participate in the community’s development.
2. To participate in monitoring the professional capacity and professional ethics of their fellow social work practitioners.
Article 30. Obligations of social work practitioners concerning professional ethics
1. To comply with professional ethics in the course of social work practice.
2. To abide by the code of social work professional ethics set out by the Minister of Labor, Invalids and Social Affairs.
Section 3
CONDITIONS FOR PRACTICE
Article 31. Conditions for practicing social work
Vietnamese citizens permanently residing in Vietnam, foreigners and overseas Vietnamese who comply with Vietnam’s Constitution and laws, have good moral qualities and fully meet the following conditions may practice social work:
1. Possessing an intermediate, college, university or postgraduate degree in social work, sociology, psychology, special education or another social science specialty as prescribed by law.
2. Being physically fit for practicing social work.
3. Not falling into the cases specified in Article 32 of this Decree and other cases prescribed by the law on handling of administrative violations.
4. Possessing a valid practice registration certificate granted by a competent state agency.
Article 32. Persons banned from practicing social work
1. Persons who have been sentenced but have not had their criminal records expunged.
2. Persons who are subject to the administrative handling measures of consignment to compulsory education institutions, compulsory drug rehabilitation establishments, or reformatories or education at commune, ward or township.
3. Persons being examined for penal liability.
4. Persons who have lost civil act capacity or have difficulties in perceiving and controlling acts or limited civil act capacity and other cases prescribed by law.
Article 33. Use of languages in practicing social work
1. The language used in social work is Vietnamese, except the case specified in Clause 2 of this Article.
2. Social work practitioners, foreigners and overseas Vietnamese may use languages other than Vietnamese to provide social work services at the request of service users and shall be held responsible for the social work services’ quality.
Article 34. Updating of social work knowledge
1. Social work practitioners shall update social work knowledge in conformity with the content of social work practice.
2. Forms of updating social work knowledge include:
a/ Attending short-term training and further training courses, conferences, seminars and discussions on social work appropriate with the content of social work practice.
b/ Participating in compilation of social work course books, teaching materials, and professional documents.
c/ Conducting scientific researches and teaching of social work within the scope of practice.
d/ Self-updating social work-related knowledge and other forms.
3. Social work practitioners must attend at least 24 lessons/year on average or at least 120 lessons/5 years to update their social work knowledge during their social work practice. Agencies and units that employ social work practitioners shall create conditions for the latter to update their knowledge.
4. Establishments providing social work services and schools, centers and institutions providing training in social work shall provide updates on social work knowledge and grant certificates of updating social work knowledge to social work practitioners, made according to Form No. 02 provided in the Appendix to this Decree.
5. Social work knowledge updating plans, contents, methods, programs and documents must be approved by competent authorities.
6. Certificates of updating social work knowledge shall be made according to Form No. 02 provided in the Appendix to this Decree.
7. The Minister of Labor, Invalids and Social Affairs shall detail this Article.
Section 4
SOCIAL WORK INTERNSHIP
Article 35. Social work internship
1. Persons applying for practice registration certificate must undergo a social work internship as specified in Clause 2 of this Article, except those who have been granted social work practice licenses by foreign authorities or organizations.
2. Social work internship must adhere to the following principles:
a/ Being in conformity with granted professional diplomas.
b/ Being carried out at establishments providing social work services (social assistance establishments, drug rehabilitation establishments, medical establishments, education institutions and other establishments as prescribed by law) that have professional activities appropriate to internship contents.
c/ Lasting for full 12 months or more, for bachelor or higher levels, full 9 months or more, for college level, and full 6 months or more, for intermediate level, at establishments providing social work services.
d/ Interns must comply with the assignment and guidance of internship instructors and respect the rights and obligations of service users.
Article 36. Organization of social work internship
1. Admitting interns:
a/ The person applying for internship shall submit a written request for internship, made according to Form No. 03 provided in the Appendix to this Decree, and submit copies and produce the originals of relevant professional diplomas, certificates or certifications (if any) to the unit or establishment providing social work services where he/she registers for internship.
b/ The head of the unit or establishment providing social work services shall admit the intern within 3 working days after receiving the dossier. In case of refusing to admit the intern, within 1 working day, the head of the unit or establishment providing social work services shall issue a written reply, clearly stating the reason.
2. Assigning internship instructors:
The head of the unit or establishment providing social work services shall issue a decision on assignment of internship instructor, made according to Form No. 04 provided in the Appendix to this Decree. An internship instructor may concurrently instruct at most 5 interns.
3. An internship instructor must meet the following conditions:
a/ Having his/her scope of professional operations suitable to the contents and fields of social work internship; having worked at the unit or establishment providing social work services for 3 years or more.
b/ Possessing a professional degree equivalent to or higher than that of the intern.
4. Responsibilities of internship instructors:
a/ To instruct interns on social work internship.
b/ Within 2 working days after the internship period ends, to make a written comment on the internship, capacity, professional qualifications, practice skills, and social work ethics, and to request the head of the unit or establishment providing social work services to grant a certificate of internship.
c/ To be held responsible if, due to their faults, interns under their management make mistakes during the course of internship, affecting the health and interests of service users.
5. Grant of certificates of internship:
Within 5 working days after receiving a written comment from an internship instructor, the head of the unit or establishment providing social work services shall grant a certificate of social work internship, made according to Form No. 05 provided in the Appendix to this Decree.
Article 37. Training and further training of social work practitioners and persons performing social work
1. Units and establishments providing social work services shall organize, and create conditions for social work practitioners and persons performing social work to participate in, social work knowledge training and updating courses and further training classes on technical expertise and ethical qualification concerning social work.
2. The Ministry of Labor, Invalids and Social Affairs shall issue plans and standard frameworks of programs on social work knowledge training, further training and updating courses; and organize social work coaching and social work knowledge updating classes for social work practitioners.
3. Agencies, organizations, and establishments organizing social work knowledge updating classes that are assigned to provide technical expertise training, retraining, coaching, and further training for social work practitioners and persons performing social work must meet criteria set in the standard training program frameworks issued by the Ministry of Labor, Invalids and Social Affairs.
Section 5
REGISTRATION FOR SOCIAL WORK PRACTICE
Article 38. Practice registration certificates
1. Each social work practitioner shall be granted 1 practice registration certificate.
2. A granted practice registration certificate shall be valid nationwide for 5 years.
3. A practice registration certificate must comprise the following basic information:
a/ Full name; date of birth; nationality; personal identification number or identity card or passport number.
b/ Scope of social work practice.
c/ Validity period.
d/ Status (new certificate or re-granted certificate).
4. Social work practice registration certificates shall be made according to Form No. 06 provided in the Appendix to this Decree.
Article 39. Competence to grant, re-grant and revoke practice registration certificates
Provincial-level Departments of Labor, Invalids and Social Affairs shall grant, re-grant and revoke practice registration certificates with regard to social work practitioners working at units and establishments providing social work services, training institutions, and vocational education institutions in their localities; and independent social work practitioners.
Article 40. Dossier of application for a practice registration certificate
1. A social work practice registration form, made according to Form No. 07 provided in the Appendix to this Decree (below referred to as practice registration form).
2. A certificate of social work internship.
3. Copies of diplomas, certificates or professional certifications in social work, sociology, psychology, special education or other social science majors as specified by law.
4. A health certificate issued by a competent medical establishment no more than 12 months prior to the date of dossier submission.
5. Two 04cm x 06cm white-background color portrait photos taken no more than 6 months prior to the date of dossier submission.
Article 41. Procedures for grant of practice registration certificates
1. An applicant for a practice registration certificate shall hand-deliver 1 set of the dossier specified in Article 40 of this Decree or submit it online to a competent agency.
2. Within 7 working days after receiving a complete dossier, the competent agency shall grant a practice registration certificate; in case the dossier is invalid, within 3 working days, the competent agency shall issue a written reply, clearly stating the reason.
3. Each provincial-level Department of Labor, Invalids and Social Affairs shall announce and publicize a list of social work practitioners to whom it has issued practice registration certificates on its portal and the portal of the provincial-level People’s Committee.
Article 42. Re-grant of practice registration certificates
1. A practice registration certificate shall be re-granted when:
a/ The certificate is lost or damaged.
b/ There are changes in, or errors concerning, the information specified at Points a, b and c, Clause 3, Article 38 of this Decree.
c/ The certificate expires as specified in Clause 2, Article 38 of this Decree.
2. A dossier of application for re-grant of a practice registration certificate must comprise:
a/ A request for re-grant of practice registration certificate, made according to Form No. 08 provided in the Appendix to this Decree.
b/ The original of the practice registration certificate, if requesting re-grant of the certificate in case the granted certificate is damaged or there are changes in, or errors concerning, the relevant information.
c/ Copies of diplomas, certificates or professional certifications suitable to the scope of professional practice after the change, for the case of changing the information specified at Point b, Clause 3, Article 38 of this Decree.
d/ Two 04cm x 06cm white-background color portrait photos taken no more than 6 months prior to the date of dossier submission.
dd/ The certificate of attending social work knowledge updating classes equivalent to 120 lessons in 5 years, for the case specified at Point c, Clause 1 of this Article.
3. Procedures for re-grant of a practice registration certificate
a/ A person applying for re-grant of a practice registration certificate shall hand-deliver 1 set of the dossier specified in Clause 2 of this Article or submit it online to an agency competent to grant practice registration certificates.
b/ A social work practitioner shall carry out procedures for re-grant of the practice registration certificate at least 15 working days before his/her practice registration certificate expires.
c/ Within 5 working days after receiving a complete dossier, the agency competent to grant social work practice registration certificates shall re-grant the certificate; in case the dossier is invalid, within 2 working days, such agency shall issue a written reply, clearly stating the reason.
Article 43. Revocation of practice registration certificates
1. A practice registration certificate shall be revoked in the following cases:
a/ The documents in the dossier of application for practice registration certificate have been forged.
b/ The social work practitioner fails to fulfill the requirements for updating social work knowledge specified in Clause 3, Article 34 of this Decree.
c/ The social work practitioner himself/herself wants to return the practice registration certificate.
d/ The social work practitioner falls into one of the cases banned from practicing social work specified in Articles 10 and 32 of this Decree.
dd/ The social work practitioner violates professional ethics, adversely affecting the health, spirit and dignity of service users according to the competent agency’s conclusion.
2. After the practice registration certificate is revoked, if wishing to continue practicing social work, the practitioner may apply for a new practice registration certificate in accordance with this Decree after 5 years from the date his/her practice license is revoked.
Article 44. Registration for social work practice in Vietnam for foreigners and overseas Vietnamese
1. Foreigners and overseas Vietnamese are allowed to practice social work in Vietnam when they have a valid social work practice license granted by a foreign authority or organization and recognized under treaties to which the Socialist Republic of Vietnam is a contracting party or international agreements to which Vietnam is a signatory.
2. A dossier of registration for social work practice in Vietnam must comprise:
a/ A social work practice registration form, made according to Form No. 07 provided in the Appendix to this Decree.
b/ A social work practice license granted by a foreign agency or organization and consularly legalized in accordance with Vietnam’s law.
3. Procedures for registration for social work practice in Vietnam
a/ Foreigners and overseas Vietnamese shall submit 1 set of the dossier specified in Clause 2 of this Article to the competent agency specified in Article 39 of this Decree.
b/ Within 7 working days after receiving the dossier, the competent agency specified in Article 39 of this Decree shall grant a practice registration certificate, made according to Form No. 06 provided in the Appendix to this Decree; in case the registrant is unqualified, within 3 working days, such agency shall issue a written reply, clearly stating the reason.
4. Foreigners and overseas Vietnamese who have had a social work practice license granted by a foreign authority or organization and practice social work in Vietnam under operations or programs on cooperation in social work training and internship or in transfer of professional techniques in social work practice, shall not be required to carry out procedures for registration for social work practice in Vietnam under this Article.
Chapter IV
STATE MANAGEMENT RESPONSIBILITY
Article 45. Responsibilities of ministries and sectors
1. The Ministry of Labor, Invalids and Social Affairs shall assist the Government in performing the unified state management of social work and has the following tasks and powers:
a/ To formulate, and submit to the Government and the Prime Minister for decision, strategies, schemes, projects and policies for development of social work, and to plan, consolidate and develop the network of social assistance establishments providing social work services; to develop the contingent of social workers at vocational training institutions and at provincial, district and commune levels; to determine the number of social work practitioners based on the population size and the actual conditions of localities.
b/ To submit to competent authorities for promulgation, or promulgate according to its competence, mechanisms, policies, and legal documents on social work; professional ethics of persons performing social work and social work internship guidelines.
c/ To assume the prime responsibility for, and coordinate with the Ministry of Home Affairs and related ministries and sectors in, studying, formulating and improving professional title standards for public employees specialized in social work and salary regimes for civil servants, public employees and persons performing social work.
d/ To manage in a unified manner the grant, re-grant and revocation of practice registration certificates.
dd/ To organize social work training, retraining and coaching, and organize further training and improving the capacity of persons performing social work and social work practitioners; to organize public communication to raise awareness of social work.
e/ To apply information technology in the field of social work; to build an information system to manage persons performing social work, social work practitioners, establishments providing social work services and service users.
2. The Ministry of Health shall assume the prime responsibility for providing guidance on social work in the health sector, and perform other tasks according to its state management functions and tasks.
3. The Ministry of Education and Training shall assume the prime responsibility for, and coordinate with ministries, sectors and related agencies in, completing legal documents on social work at education and training institutions within the scope of its state management and guiding the implementation thereof; develop schemes and projects on social work, and perform other tasks according to its state management functions and tasks.
4. The Ministry of Public Security shall assume the prime responsibility for providing guidance on social work in detention facilities, compulsory education institutions and reformatories, and perform other tasks according to its state management functions and tasks.
5. The Ministry of Justice shall coordinate with the Ministry of Labor, Invalids and Social Affairs in, completing mechanisms and policies for development of social work; coordinate with ministries, sectors and related agencies in, providing guidance on social work in the fields of justice and adoption; and carry out legal aid and other social work activities according to its state management functions and tasks.
6. The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with the Ministry of Finance, the Ministry of Labor, Invalids and Social Affairs and related agencies in, reporting to competent authorities on the inclusion of state budget investment capital in medium-term and annual public investment plans to consolidate and develop public social assistance establishments providing social work services.
7. The Ministry of Finance shall take responsibility for summarizing and proposing competent authorities to arrange funds for implementation of social work policies, schemes, projects and programs in accordance with the law on the state budget.
8. Related ministries and sectors shall take responsibility for guiding and implementing this Decree according to the functions and tasks assigned by competent agencies.
Article 46. Responsibilities of provincial-level People’s Committees
1. To direct, guide and organize the implementation of the Decree on social work in their localities.
2. To arrange funds and human resources to implement schemes, projects, programs and tasks for development of social work in their localities.
3. To direct, guide and organize the grant, re-grant and revocation of practice registration certificates according to their competence.
4. To check, inspect, handle violations, and settle complaints and denunciations about the organization and operation of social work practitioners within their scope of management.
5. To send annual reports (before December 15) and extraordinary reports on the implementation of the Decree on social work in their localities to the Ministry of Labor, Invalids and Social Affairs for summarization and reporting to the Prime Minister.
Chapter V
IMPLEMENTATION PROVISIONS
Article 47. Effect
1. This Decree takes effect on October 15, 2024.
2. From January 1, 2027, social work practitioners must possess a practice registration certificate specified in this Decree.
Article 48. Implementation responsibility
Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decree.-
On behalf of the Government
For the Prime Minister
Deputy Prime Minister
LE THANH LONG
* The Appendix to this Decree is not translated.
[1] Công Báo Nos 1045-1046 (17/9/2024)
VIETNAMESE DOCUMENTS
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ENGLISH DOCUMENTS
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