Thông tư 33/2018/TT-BGDĐT hướng dẫn công tác xã hội trong trường học

 CIRCULAR

Providing for the guidance on school social work
 

Pursuant to the Law on Children of April 05, 2016;

Pursuant to the Law on Education of June 14, 2005; the Law on Amending and Supplementing a Number of Articles of the Law on Education of November 25, 2009; 

Pursuant to the Government's Decree No. 123/2016/ND-CP of September 01, 2016 providing for the functions, tasks, powers and organizational structure of ministries and ministerial-level agencies;

Pursuant to the Government's Decree No. 69/2017/ND-CP of May 25, 2017, providing for the functions, tasks, powers and organizational structure of the Ministry of Education and Training;

Pursuant to the Government's Decree No. 80/2017/ND-CP of July 17, 2017, on a safe, healthy and friendly education environment, prevention and control of school violence;

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

At the request of the Director of the Political Education and Pupil and Student Affairs Department,

The Minister of Education and Training issues the Circular providing for the guidance on school social work.

Article 1. Scope of regulation and subjects of application

1. This Circular provides guidelines about principles, contents and responsibilities of implementation of school social work.

2. This Circular applies to early childhood education institutions, general education institutions, vocational education-continuing education centers, specialized schools, foreign-invested educational institutions or educational institutions entering into joint training with foreign partners in Vietnam that enroll learners under 18 years of age (below referred to as educational establishments); relevant agencies, organizations and individuals.

Article 2. Purposes of the school social work

1. Improving knowledge and skills for learners to successfully deal with their temporary difficulty, depression or crisis in psychological aspects, promote their learning potentials and capabilities. Protecting learners from risks of abuse, violence and prevent social evils and control learners’ school abandonment and violation of laws.

2. Increasing awareness and skills of learners' parents or guardians of understanding, sharing with and accompanying learners.   Assisting administrators, teachers and staff of educational institutions in improving knowledge and skills of the school social work.

3. Creating the connection for resources of communities to participate and coordinate with educational institutions in enhancing the school social work.

Article 3. Principles of implementation of the school social work

1. Ensuring confidentiality of learners’ personal information. The sharing of such personal information must ensure the compliance with law regulations.

2. Respecting particular characteristics, personalities, qualities and family backgrounds of learners, and considering that learners keep the central role in support activities. 

3. Listening to learners and providing opportunities for them to participate as much as possible in discussion about solutions to their personal issues.

4. Ensuring that all of decisions to be made are carefully pondered for the best interests of learners without infringing upon lawful rights and interests of other persons.

5. Assuring equal, unbiased and standardized relations between learners and participants in the school social work.

Article 4. Contents of the school social work

1. Detecting risks inside or outside educational institutions that may adversely affect learners; Detecting cases relating to learners who have special circumstances, are abused, commit violent acts, drop out of schools and violate laws.

2. Organizing activities to prevent and control risks at which learners fall in special circumstances, are abused, suffer from violent acts, drop out of schools and commit violations of laws.

3. Implementing intervention and support procedures for learners who have special circumstances, are abused, suffer from violent acts, drop out of schools and commit violations of laws.

4. Coordinating with learners’ families, local authorities and units providing services of social work in communities in implementing the intervention and support for learners that need to be receive urgent intervention and support, or teachers or learners that need intervention and support. 

5. Organizing activities to support development and community integration after intervention, or learners, teachers and parents that wish to give support for the development and community integration.

Article 5. Review and detection of risks

1. Reviewing and grasping information, thoughts, wishes, family situations and abnormal signs of learners. Proactively discovering learners who have special circumstances, face risks of falling in special circumstances, regularly are absent from classes, face risks of dropping out of school, being abused, suffering from violent acts or committing violations of laws.

2. Establishing a system of receiving information from educational institutions, including complaint or suggestion mailboxes, hotlines or other forms of use of information technology to receive cases likely causing harm to learners.

Article 6. Prevention

1. Implementing propaganda, giving learners cautions and instructions relating to situations and risks of causing them to fall in special circumstances, being abused, suffering from violent acts, dropping out of school or violating laws. Closely coordinating with press, radio and television broadcasting agencies and mass media in raising public awareness, sending timely reports on cases relating to learners, and participating in creating the safe and healthy education environment.

2. Guiding learners, their parents or guardians, teachers and administrators with instructions in using support services of educational institutions, the National Child Protection Hotline 111, Centers of Social Work at all levels or units providing services of social work in communities.

3. Providing learners’ parents, guardians and teachers with information and materials, and equip them with knowledge, skills and methods of detecting cases in which learners may face risks of falling in special circumstances, dropping out of school, are stressed, depressed, risks of being abused or suffering from violent acts, and responsibilities for reporting to and coordinating in resolving these issues with educational institutions.

Article 7. Intervention and support

1. Receipt of reports and implementation of initial assessment

a) Teachers or staff assigned to act as the focal point in giving advice on carrying out the school social work shall receive reports and make initial assessment of learners’ demands for support;

Reports on receipt of information shall be prepared according to the Form No. 01 to this Circular.

b) Teachers or staff assigned to act as the focal point in giving advice on carrying out the school social work shall communicate with and collecting opinions of learners relevant persons in order to verify information relating to cases. Carrying out the full assessment of learners’ demands for support based on the degree and risk of harm;

Reports on assessment of degree and risk of harm and demands of learners shall be prepared according to the Form No. 02 to this Circular.

c) Designate intervention and support plans

Based on results of verification and assessment of learners’ demands, Heads of educational institutions shall decide on intervention and support plans applicable to learners.

2. For cases of intervention and support at educational institutions

a) Teachers or staff assigned to act as the focal point in giving advice on carrying out the school social work shall develop intervention and support plans, based on results of the comprehensive assessment of cases or learners’ demands, determine targets and intervention and support activities;

Plans of intervention and support for learners at educational institutions shall be developed according to the Form No. 03 to this Circular.

b) Approval of intervention and support plans

After receiving intervention and support plans for learners, Heads of educational institutions shall approve them within 03 working days.

c) Implementation of intervention and support plans for learners

Teachers or staff assigned to act as the focal point in giving advice on carrying out the school social work shall assume the prime responsibility for and coordinate with learners, their families and other relevant parties in carrying out intervention and support activities for learners in accordance with plans approved by Heads of educational institutions. Monitoring and supervising the implementation of intervention and support activities and promptly making adjustment to these activities when necessary.

d) Review and assessment of risks likely arising after the intervention or support

Teachers or staff assigned to act as the focal point giving advice on carrying out the school social work shall assess situations and risks of suffering from harm for learners after the intervention or support, give conclusions on current conditions of learners and risks of suffering harm after implementing these measures.  Report on review and assessment of learners’ conditions after the intervention or support shall be prepared in accordance with the Form No. 04 to this Circular;

In case learners have no longer suffered from harm or are at risks of suffering from harm, to report heads of educational institutions to terminate intervention and support processing;

In case learners still suffer from harm or are at risks of suffering from harm, to continue to implement intervention and support activities or formulate new intervention and support plans in conformity with current conditions of learners.

3. For cases of intervention and support in communities

a) For cases in which learners are abused, suffer from violent acts or fall into other cases beyond the intervention and support capabilities of educational institutions

The educational institutions shall send them to one of the following agencies: commune-level People’s Committees; the National Child Protection Hotline 111, commune-level police agencies, district-level Agencies of Labor, Invalids And Social Affairs; provincial-level Centers of Social Work or other district-level centers providing social work services at localities;

The educational institutions shall directly contact the National Child Protection Hotline 111 to receive guidance or send an official dispatch on learners’ cases to relevant agencies within 12 working hours from the time of receiving the notification;

Teachers or staff assigned to act as the focal point in giving advice on implementing the school social work shall coordinate with agencies admitting learners in supporting, monitoring and supervising the process of receipt of reports, intervention and support, ensuring the conformity with learners’ demands.

b) For cases in which learners drop out of school or face risks of dropping out of school due to cultural, religious, immigration problems or difficult living conditions that are beyond the support capabilities of educational institutions

The educational institutions shall inform, whether directly or in writing, commune-level People's Committees where learners reside to support and convince them get back to school or apply measures to manage the learners at localities. 

Article 8. Assistance in development

1. Teachers or staff assigned to act as the focal point in giving advice on carrying out the school social work shall

a) Work with teachers and officers in charge of child protection at the commune level to give further support to learners after the intervention and support procedures so that the learners may take part in activities of educational institutions and communities;

b) Update and provide learners, teachers and staff in educational institutions and learners’ parents or guardians with information about relevant laws and social policies in order that learners may access to social support systems;  

c) Advise heads of educational institutions in developing social work services meeting learners’ demands;

d) Advise heads of educational institutions in making recommendations to competent agencies on policies relating to learners and enhance learners’ exercise of their rights.

2. Encourage educational institutions to proactively develop relationships between schools and local enterprises or agencies, mobilize resources to support learners in special circumstances and assist teachers in undertaking social work at the educational institutions.

Article 9. Responsibilities of units under the Ministry of Education and Training

1. Political Education and Pupil and Student Affairs Department shall

a) Assume the prime responsibility for and coordinate with relevant agencies in directing, inspecting and supervising the implementation of this Circular at localities and educational institutions within their remit;

b) Coordinate with affiliates of the Ministry of Labor, Invalids and Social Affairs in providing instructions for local social responsibility service providers and developing plans to coordinate in and carry out social responsibility activities for educational institutions under their authority;

c) Assume the prime responsibility for and coordinate with educational institutions providing training programs of social work in forrmulating and appraising professional training materials relating to the school social work which are used by cadres, teachers and staff in educational institutions;

d) Organize the final summarization and assessment of school social work for experience and prompt amendments or supplements of regulations.

2. Departments of Preschool Education, Primary Education, Secondary Education or Continuing Education shall coordinate with the Political Education and Pupil and Student Affairs Department in combining the school social work with programs for training and improvement of competences of cadres and teachers of educational institutions.

3. The Agency of Teachers and Education Administrators shall assume the prime responsibility for and direct localities to update contents of training of teachers holding part-time positions to act as the focal point in advising the implementation of school social work into general plans in the education sector.

Article 10. Responsibilities of People’s Committees at all levels

1. Directing local agencies and sectors to actively coordinate with educational institutions in localities in handling cases in which learners suffer violent acts, are abused, drop out of school or face risks of dropping out of school due to cultural, religious, immigration problems or difficult living conditions that are beyond the support capabilities of educational institutions.

2. Inspecting and urging local agencies and sectors to actively coordinate with educational institutions in implementing the school social work under their delegated management.

Article 11. Responsibilities of provincial-level Departments and district-level Divisions of Education and Training

1. Assuming the prime responsibility for and advise People’s Committees at all levels to direct the formulation of the mechanism for coordination between educational administration agencies, educational institutions and Agencies of Labor, Invalids and Social Affairs, social work centers and establishments providing social work services in localities in order to assist the school social work and receive learners that are sent to use services other than the one of educational institutions.

2. Directing and organizing the implementation, guide the inspection and supervision of the implementation of this Circular at educational institutions under their management.

3. Coordinating with Agencies of Labor, Invalids and Social Affairs and finance agencies at the same level to advise local authorities to develop and implement regimes and policies for cadres, teachers and staff assigned to act as the focal point in advising the implementation of the school social work in conformity with socio-economic conditions of localities.

Article 12. Responsibilities of heads of educational institutions

1. Developing plans to implement this Circular and provide favorable conditions for cadres, teachers and staff of educational institutions to participate in training programs to improve their qualification and professional skills relating to the school social work.

2. Taking responsibility for implementing the school social work, assigning staff to act as the focal point in charge of advising the implementation of the school social work. For non-public educational institutions or educational institutions which are capable of balancing their finances on their own, depending on conditions of each educational establishment, they may sign contracts for the position of full-time cadres in charge of school social work.

3. Ensuring conditions to perform school social work at educational establishments.

4. Coordinating with and assist educational institutions providing social work training programs in organizing classes in practice, internship and exchange of experience in social work at the educational institutions.

Article 13. Responsibilities of cadres, teachers and staff

1. Teachers or staff assigned to act as the focal point in advising the implementation of school social work shall be responsible for assuming the prime responsibility for and coordinating in performing the school social work under their authority as defined in this Circular.

2. Teachers, staff and officers in educational institutions shall be responsible for detecting and reporting to heads of educational institutions or informing teachers or staff assigned to act as the focal point on advising the implementation of the school social work about cases in which learners are in special circumstances, are abused, suffer from violent acts, drop out of school or violate laws or are at other risks, and closely coordinate with teachers and staff assigned to act as the focal point in giving advice on performing the school social work in taking prevention, intervention and support measures for learners of the educational institutions.

Article 14. Responsibilities of parent associations

1. Coordinating with head teachers, teachers in charge of subjects and parents of learners to discover and receive information on learners having special circumstances, suffering from violence, abuse, dropping out of school and committing violations of laws. Proactively proposing and coordinating with educational institutions in organizing preventive measures.

2. Actively coordinating with teachers and staff assigned to act as the focal point in advising the implementation of the school social work in participating in intervention and support activities for learners at the educational institutions and communities upon requests of the educational institutions.

3. Assigning responsibilities to members of parent associations for coordination with educational institutions in development support for learners.

Article 15. Responsibilities of Ho Chi Minh Communist Youth Union and Ho Chi Minh Young Pioneer Organization at educational institutions

1. Guiding members of the unions and organizations to promote self-management roles and actively participate in the school social work.

2. Actively establishing clubs, teams and groups in charge social work with key members at educational institutions and classes to support learners living in special circumstances to equally participate in educational activities in educational institutions and communities.

Article 16. Responsibilities of learners of educational institutions

1. Proactively detecting and reporting to teachers and staff assigned to act as the focal point in giving advice on carrying out the school social work, or other teachers and staff on learners living in special circumstances, being abused, performing violent acts, dropping out of school or violating laws or having other issues relating to teachers and learners.

2. Actively participating in prevention, intervention and support activities for learners who live in special circumstances, are abused, suffer from violent acts, are bullied, drop out of school or violate laws.

3. Proactively updating knowledge, improving their self-protection capacity, knowledge and skills to avoid dangerous situations. Being responsible for reporting on personal issues and difficulties to their parents or teachers and staff assigned to act as the focal point in advising the implementation of the school social work, other cadres, teachers or staff at educational institutions.

Article 17. Responsibilities of educational institutions providing social work training programs

1. Participating in formulating materials and coordinating with training and education institutions in organizing the training and improvement of competences of educational institutions’ cadres, teachers or staff in performing the school social work.

2. Coordinating with the educational institutions in organizing classes in practice, internship and exchange of experience in social work activities for learners majoring in social work.

Article 18. Social organizations are required to implement the following content

1. Encouraging members of organizations and people from different social classes to participate in and support school social work in order to maintain a safe, healthy, friendly and non-violence education environment.

2. Organizing the connection to and collection of information and recommendations of social organizations and learners and sending them to state agencies to give suggestions and advice on developing policies related to learners and promote learners’ exercise of their rights.

Article 19. Effects

1. This Circular takes effect on February 10, 2019.

2. People’s Committees of provinces and centrally-run cities, provincial-level Departments of Education and Training, social organizations, and relevant units under the Ministry of Education and Training shall be responsible for implementing this Circular.

* All Appendices are not translated herein.