LEGAL NEWSLETTER OCTOBER, 2024 | DECREE NO. 110/2024/NĐ-CP ON SOCIAL WORK

Decree No. 110/2024/NĐ-CP, issued on August 30, 2024, regulates social work in Vietnam and takes effect from October 15, 2024 ("Decree 110"). This decree outlines the rights and obligations of individuals involved in social work, social work practitioners, as well as the processes and conditions for practicing social work. Below is a summary of the key points of Decree 110: 

1. Types of Social Work Services include one or more of the following services: 

• Providing emergency protection services; 

• Offering care, intervention, rehabilitation, and development support services; 

• Providing social education and capacity-building services; 

• Offering services to prevent individuals from falling into difficult situations, abuse, violence in schools, gender-based violence, domestic violence, mistreatment, and labor exploitation; 

• Carrying out social work services in the fields of health care, education, justice, courts, social welfare, gender equality, child protection, elderly and disability care, poverty reduction, drug prevention, community development, labor-related social work, and other fields as prescribed by law; 

• Managing cases of individuals using social work services both at institutions and in the community; 

• Supporting community development; 

• Assisting eligible individuals to reintegrate into the community and stabilize their lives after leaving social welfare centers, detention centers, rehabilitation centers, and healthcare facilities; 

• Organizing resource mobilization for the implementation of social work activities. 

2. Beneficiaries of Social Work Services 

Individuals, groups, families, and communities in need of social work services. 

4. Social Workers 

Social workers fall into one of the following categories:   

• Civil servants, public employees, and workers engaged in social work in state management agencies and public service units;   

• Individuals working in social work at units or facilities providing social work services in the fields of social affairs, healthcare, education, justice, detention facilities, reformatory schools, and other fields as prescribed by law;   

• Individuals working in social work within political-social organizations, professional social organizations, non-governmental organizations, associations, enterprises, and other organizations as prescribed by law;   

• Independent social workers. 

5. Conditions for Practicing Social Work 

Vietnamese citizens residing in Vietnam, foreigners, and overseas Vietnamese who comply with the Constitution and laws of Vietnam, have good moral character, and meet the following conditions are eligible to practice social work: 

• Graduated from a vocational, college, university, or postgraduate program in social work, sociology, psychology, special education, or other social sciences as prescribed by law.   

• Have the physical health required to practice social work.   

• Not be prohibited from practicing social work.   

• Possess a valid social work practice registration certificate issued by a competent state agency. From January 1, 2027, social workers must have this certificate as required by this Decree. 

6. Prohibited Acts in the Provision of Social Work Services 

• Providing, disclosing, destroying personal information or data of individuals without their consent, or that of their guardian or representative, except when requested by a competent authority as prescribed by law.   

• Refusing to provide social work services to individuals in need of emergency protection, except in cases of force majeure as prescribed by law.   

• Exploiting the provision of social work services for personal gain or engaging in illegal activities.   

• Misusing the practice of social work to take advantage of state policies or support from organizations and individuals.   

• Charging fees or benefits beyond those agreed upon in the contract for social work services, except where the parties have a different agreement.   

• Misusing the practice of social work or the provision of social work services to infringe upon the interests of the state, or the legitimate rights and interests of organizations and individuals.