Decree No. 103/2017/ND-CP dated September 12, 2017 of the Government on prescribing the founding, organization, operation, dissolution and management of social relief establishments

DECREE

Prescribing the founding, organization, operation, dissolution and management of social relief establishments[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the November 21, 2007 Law on Domestic Violence Prevention and Control;

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

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

Pursuant to the June 20, 2012 Law on Handling of Administrative Violations;

Pursuant to the April 5, 2016 Law on Children;

At the proposal of the Minister of Labor, War Invalids and Social Affairs;

The Government promulgates the Decree prescribing the founding, organization, operation, dissolution and management of social relief establishments.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decree prescribes the founding, organization, operation, dissolution and management of social relief establishments.

Article 2.Subjects of application

Social relief establishments include public social relief establishments and non-public social relief establishments (below collectively referred to as establishments).

1. Public social relief establishments are those founded and managed, having their physical foundations built, and performing their tasks with funds provided by state agencies.

2. Non-public social relief establishments are those having their physical foundations built and performing their tasks with funds provided by domestic and overseas individuals, enterprises and organizations.

Article 3.Policies to promote mobilization of social resources

1. The State shall encourage domestic and overseas individuals and organizations to found social relief establishments to take care of and help those in need of social relief in the Vietnamese territory.

2. Individuals and organizations that invest in building establishments are entitled to incentive policies for mobilization of social resources as prescribed by law.

Article 4.Legal entity status, seals, bank accounts, names, logos and head offices of establishments

1. An establishment has the legal entity status, its own seal and bank account(s).

2. An establishment has its own Vietnamese and foreign-language names and logo (if any). The names and logo of an establishment must meet the following criteria:

a/ Being neither identical nor confusingly similar to the previously registered names or logo of another establishment;

b/ Not violating the historical, cultural and ethical traditions and fine customs and practices of the nation.

3. Head offices of establishments must be located in the Vietnamese territory and have clear addresses.

Article 5.Types of social relief establishments

1. Social relief establishments taking care of the elderly.

2. Social relief establishments taking care of children in special circumstances.

3. Social relief establishments taking care of persons with disabilities.

4. Social relief establishments taking care of and organizing functional rehabilitation for persons suffering from mental illness or mental disorders.

5. General social relief establishments taking care of different types of social relief beneficiaries or persons in need of social relief.

6. Social work centers giving advice, emergency care or other necessary conditions for persons in need of social relief.

7. Other social relief establishments as specified by law.

Chapter II

TASKS AND POWERS OF SOCIAL RELIEF ESTABLISHMENTS

Article 6.Persons to be admitted to social relief establishments

1. Social relief beneficiaries specified in Clause 1, Article 25 of the Government’s Decree No. 136/2013/ND-CP of October 21, 2013, prescribing social relief policies for social relief beneficiaries.

2. Persons in need of urgent protection, including:

a/ Domestic violence victims; sexual assault victims; human trafficking victims; and forced labor victims;

b/ Street children and beggars waiting to be returned to their places of residence.

3. Juveniles who have no stable residences and are subject to the measure of education in communes, wards or townships under the June 20, 2012 Law on Handling of Administrative Violations, the Government’s Decree No. 111/2013/ND-CP of September 30, 2013, prescribing the application of the administrative measure of education in communes, wards and townships, and Decree No. 56/2016/ND-CP of June 29, 2016, amending and supplementing a number of articles of Decree No. 111/2013/ND-CP.

4. Persons other than social relief beneficiaries specified in Clauses 1, 2 and 3 of this Article who need social relief and voluntarily contribute funds by themselves or have their relatives or guardians contributing funds for them (below collectively referred to as voluntary beneficiaries).

5. Other social relief beneficiaries covered by assistance programs or schemes decided by chairpersons of People’s Committees of provinces or centrally run cities.

Article 7.Tasks of social relief establishments

Establishments have some or all of the following tasks:

1. To provide urgent services

a/ To admit persons who are in need of urgent protection;

b/ To assess needs of social relief beneficiaries; to screen and classify social relief beneficiaries. In case of necessity, to refer social relief beneficiaries to medical establishments, educational institutions, public security or judicial offices or other agencies or institutions suitable to them;

c/ To guarantee safety and satisfy urgent needs of social relief beneficiaries such as temporary shelter, food, clothing and travel.

2. To give medical advice and treatment to social relief beneficiaries to cure their mental disorders or depression and rehabilitate their physical strength.

3. To provide advice and assistance to social relief policy beneficiaries; to coordinate with other related agencies and organizations in protecting and helping these persons; to seek and arrange various forms of care for these persons.

4. To work out intervention and assistance plans for social relief beneficiaries; to supervise and review intervention and assistance activities and adjust such plans.

5. To admit, manage, care for and nurture social relief beneficiaries who fall into special difficulties and are unable to earn their living on their own and cannot live with their families or in local communities.

6. To provide primary health care services.

7. To organize functional rehabilitation and provide assistance for social relief beneficiaries in self-managed, cultural, sports and other activities suitable to the age and health of each group of beneficiaries in labor or production activities in accordance with law.

8. To assume the prime responsibility for, and coordinate with units and organizations in, providing general education, job training and vocational education to social relief beneficiaries for their physical, intellectual and personality development and community integration.

9. To provide social education and capacity building services

a/ To provide social education services to help social relief beneficiaries develop problem-solving skills, including parental skills training for those who need it; to provide life skills training for children and juveniles;

b/ To cooperate with training institutions in organizing social work training courses for their staffs and collaborators or workers at social work service establishments;

c/ To organize training courses and workshops to provide knowledge and train skills for those who need them.

10. To manage those who are provided with social work services.

11. To take measures to prevent social relief beneficiaries from falling into difficult circumstances and being subjected to assault, violence or maltreatment.

12. To develop communities

a/ To contact local people and administrations at all levels in identifying community problems so as to develop community assistance programs and plans;

b/ To propose policies to competent agencies;

c/ To build the network of social workers and social work volunteers.

13. To organize communication activities to raise public awareness.

14. To assume the prime responsibility for, and coordinate with local administrations in, helping social relief beneficiaries who are eligible or willing to leave social relief establishments and return to their families and reintegrate into the community; to support and create conditions for these persons to stabilize their life.

15. To manage their finance, assets, civil servants, public employees and workers in accordance with law.

16. To mobilize and receive financial aid and contributions in kind from domestic and foreign agencies, organizations and individuals for carrying out their activities.

17. To provide services upon request and to perform other tasks as decided by competent authorities.

Article 8.Powers of social relief establishments

1. To organize the provision of social relief services to those who need them under regulations.

2. To decline requests for provision of social relief services for social relief beneficiaries if such services are beyond their functions and tasks, unless there are decisions of competent agencies or persons.

3. To choose professional social relief measures to help social relief beneficiaries in accordance with law.

4. Other rights as prescribed by law.

Article 9.Operating funds of social relief establishments

1. Operating funds of public social relief establishments include:

a/ State budget allocations;

b/ Service charges paid by voluntary beneficiaries;

c/ Revenues from their production and service provision activities;

d/ Financial assistance from domestic and overseas individuals and organizations;

dd/ Other revenues as specified by law.

2. Operating funds of non-public social relief establishments include:

a/ Funding sources of their owners;

b/ Supports of domestic and foreign organizations and individuals;

c/ Service charges paid by voluntary beneficiaries;

d/ Other revenues as specified by law;

dd/ State budget supports for provision of social relief services.

Article 10.Finance and asset management

1. Establishments shall manage their finance and assets in accordance with law.

2. Funding sources of establishments shall be used and managed in an open and transparent manner and in accordance with their operation regulations and spending regulations.

3. Establishments shall periodically and annually report on their financial results in accordance with law.

Chapter III

FOUNDING, REORGANIZATION AND DISSOLUTION OF PUBLIC AND NON-PUBLIC SOCIAL RELIEF ESTABLISHMENTS

Section 1

FOUNDING, REORGANIZATION AND DISSOLUTION OF PUBLIC SOCIAL RELIEF ESTABLISHMENTS

Article 11.Founding, reorganization and dissolution

The conditions, order, procedures, dossiers and competence for founding, reorganization and dissolution of public social relief establishments; and classification of public social relief establishments must comply with the Government’s Decree No. 55/2012/ND-CP of June 28, 2012, on establishment, reorganization and dissolution of public non-business units (below referred to as Decree No. 55/2012/ND-CP).

Article 12.Founding dossiers

A dossier for founding of an establishment mentioned in Article 8 of Decree No. 55/2012/ND-CP must comprise:

1. A written request for founding of an establishment, made according to Form No. 01 provided in the Appendix to this Decree.

2. A scheme on the founding, made according to Form No. 02 provided in the Appendix to this Decree.

3. A draft operation regulation of the establishment, made according to Form No. 03 provided in the Appendix to this Decree.

Article 13.Reorganization and dissolution dossiers

A reorganization or dissolution dossier mentioned in Article 15 of Decree No. 55/2012/ND-CP must comprise:

1. A written report on the necessity to reorganize or dissolve the establishment, made according to Form No. 04a provided in the Appendix to this Decree.

2. A scheme on reorganization or dissolution of the establishment, made according to Form No. 05 provided in the Appendix to this Decree.

Section 2

FOUNDING AND DISSOLUTION OF NON-PUBLIC SOCIAL RELIEF ESTABLISHMENTS

Article 14.The right to found and manage establishments

1. Organizations and individuals have the right and obligation to found and manage establishments under this Decree.

2. Organizations and individuals shall compile founding registration dossiers and take responsibility before law for the adequacy, lawfulness, truthfulness and accuracy of information declared in such dossiers.

3. Agencies or persons competent to grant founding registration certificates (below collectively referred to as agencies granting founding registration certificates) shall take responsibility for the validity of founding registration dossiers but not for violations committed by establishments before and after their founding is registered.

4. Agencies granting founding registration certificates shall not settle disputes among members of establishments or between members of establishments and other organizations or individuals in the course of operation.

Article 15.Founding registration dossier

1. A declaration form for founding registration, made according to Form No. 06 provided in the Appendix to this Decree.

2. A founding plan of the establishment.

3. A draft operation regulation of the establishment, made according to Form No. 03b provided in the Appendix to this Decree.

4. Certified copies of lawful papers on land use rights, house ownership or contracts on lease or lending of land, physical foundation and land-attached assets to serve activities of the establishment.

5. Criminal record cards of founding members.

6. Copies of the following papers:

a/ Citizen identity cards or people’s identify cards. For founding members being foreigners, their passports or other lawful personal identifications are required;

b/ Founding decisions or other equivalent documents of the founding organizations and letters of attorney; citizen identity cards or people’s identity cards or passports or other lawful personal identifications of the authorized representatives of the founding organizations.

For founding members being foreign organizations, copies of their establishment decisions or equivalent documents shall be consularly legalized.

Article 16.Operation regulations of establishments

1. The operation regulation of an establishment must have the following principal contents:

a/ Name, head office address, telephone and facsimile numbers of the establishment;

b/ Tasks of the establishment;

c/ Charter capital of the establishment;

d/ Full names, permanent residence addresses, citizenship, serial numbers of citizen identity cards or people’s identify cards or passports or other lawful personal identifications of founding members; portions and values of capital contributions of founding members;

dd/ Rights and obligations of founding members;

e/ The organizational structure and management of the establishment;

g/ At-law representative of the establishment;

h/ Method of adoption of decisions of the establishment; principles of settlement of internal disputes;

i/ Bases and method of determination of remunerations, wages and bonuses for officers and staff members of the establishment;

k/ Cases where members may request the establishment to repurchase their capital contributions;

l/ Principles of division of after-tax profits and offsetting of losses;

m/ Cases of dissolution, order of dissolution and procedures for liquidation of assets of the establishment;

n/ Method of amending regulations of the establishment.

2. A draft operation regulation of an establishment submitted upon its founding registration must contain full names and signatures of founding members.

3. An amended operation regulation of an establishment must contain full names and signatures of founding members.

Article 17.Founding registration

1. An organization or individual that founds an establishment shall send one dossier set prescribed in Article 15 of this Decree to the agency granting founding registration certificates.

2. The agency granting founding registration certificates shall examine the validity of the dossier and grant a founding registration certificate within 5 working days after receiving such dossier. In case of refusal to grant a founding registration certificate, the agency shall notify such in writing to the founder, clearly stating the reason.

3. An establishment founded in accordance with the law on enterprises or an establishment founded in accordance with the law on organization, operation and management of social relief societies and establishments which admits less than 10 persons in difficult circumstances is not required to carry out the founding registration procedures prescribed in Section 2, Chapter III of this Decree.

Article 18.Conditions for granting and contents of founding registration certificates

1. Conditions for granting a founding registration certificate for an establishment

a/ The establishment has a name compliant with Article 5 of this Decree;

b/ The establishment has a valid founding registration dossier prescribed in Article 15 of this Decree.

2. Founding registration certificates

The founding registration certificate of an establishment has its principal contents specified in Form No. 07 provided in the Appendix to this Decree:

a/ The name, office address, telephone and fax numbers of the establishment;

b/ Full names, permanent residence addresses, citizenships, serial numbers of citizen identity cards, people’s identity cards, passports or other personal identifications of founding members;

c/ Type of the establishment;

d/ Tasks of the establishment (specifying one or all of the tasks specified in Article 7 of this Decree);

dd/ Charter capital; capital of the founding enterprise (investment capital);

e/ Tax registration information.

Article 19.Competence to grant and revoke founding registration certificates of establishments and to dissolve establishments

1. A provincial-level Labor, War Invalids and Social Affairs Department may grant founding registration certificates for establishments operating in more than one province, district, town, provincial city or city and having their head offices located in the locality.

2. A district-level Labor, War Invalids and Social Affairs Division may grant founding registration certificates for establishments operating within the district and  having their head offices located in the district.

3. Agencies granting founding registration certificates are competent to revoke such certificates and dissolve establishments.

Article 20.Registration of changes in contents of founding registration certificates

1. Any change in the content of a founding registration certificate of an establishment shall be registered with the agency that has granted such certificate.

2. A dossier of request for registration of a change in the content of a founding registration certificate of an establishment must comprise:

a/ A written request for registration of a change in the content of the founding registration certificate;

b/ The granted original founding registration certificate;

c/ Relevant papers proving the change in the content of the founding registration certificate.

3. The order and procedures for registration of a change in the content of a founding registration certificate are as follows:

a/ The establishment shall send 1 dossier of request for registration of the change to the agency that has granted the founding registration certificate;

b/ The agency that has granted the founding registration certificate shall examine the dossier and grant a new founding registration certificate at the request of the establishment within 5 working days after receiving the written request. In case of refusal to grant a new founding registration certificate, it shall notify such in writing to the requesting establishment, clearly stating the reason for such refusal or dossier modification and/or supplementation requirements.

Article 21.Revocation of founding registration certificates

1. An establishment may have its founding registration certificate revoked in the following cases:

a/ Its founding registration certificate has been granted illegally;

b/ It fails to submit a dossier of application for an operation license to a competent agency 12 months after being granted the founding registration certificate;

c/ Other cases as specified by law.

2. When having its founding registration certificate revoked, an establishment shall guarantee benefits for related parties and its employees.

Article 22.Dissolution

1. An establishment shall be dissolved in the following cases:

a/ It has its founding registration certificate revoked;

b/ It no longer satisfies all the operation conditions prescribed by law and there is a request of the local Labor, War Invalids and Social Affairs office for its dissolution;

c/ The organization or individual that has registered its founding files a written request for dissolution;

d/ Other cases as specified by law.

2. A dissolution request dossier must comprise:

a/ A written request for dissolution of the establishment, made by the founding organization or individual according to Form No. 04h in the Appendix to this Decree, clearly stating the reason for dissolution;

b/ A written declaration of assets and finance and handling plan;

c/ A list of persons with benefits to be settled and a settlement plan upon the dissolution;

d/ Other relevant documents (if any);

dd/ Recommendation of a competent agency on dissolution of the establishment (if any).

3. Dissolution order and procedures:

a/ In the cases specifies at Points a, b and d, Clause 1, Article 22 of this Decree,  the local Labor, War Invalids and Social Affairs office shall coordinate with the establishment that wishes to be dissolved in filing a written request for dissolution with the agency competent to decide on dissolution, enclosed with a dissolution request dossier prescribed in Clause 2, Article 22 of this Decree. In the case specified at Point c, Clause 1, Article 22 of this Decree, the founding organization or individual shall submit one establishment dissolution request dossier prescribed in Clause 2, Article 22 of this Decree to the agency competent to decide on dissolution;

b/ Within 15 working days after receiving a complete dossier, the competent agency shall issue a dissolution decision. In case the competent agency disagrees with the dissolution of the establishment, it shall reply in writing and clearly state the reason. The establishment may not automatically dissolve itself before receiving a dissolution decision of the competent agency.

Chapter IV

OPERATION OF PUBLIC AND NON-PUBLIC SOCIAL RELIEF ESTABLISHMENTS

Section 1

PHYSICAL FOUNDATION AND MANPOWER CONDITIONS

Article 23.Environment and location

Establishments must be built in locations with convenient access to traffic, schools and hospitals, with clean air beneficial to the health of social relief beneficiaries, and have electricity and clean water for their daily-life activities.

Article 24.Physical foundations

An establishment must satisfy the following essential physical foundation conditions:

1. Land area: 30 m²/beneficiary on average, if it is located in rural areas; or 10 m²/beneficiary, if it is located in urban areas. For an establishment taking care of and providing functional rehabilitation for mentally ill persons, its land area must be at least 80 m²/beneficiary on average, if it is located in urban areas, 100 m²/beneficiary,  if it is located in rural areas, or 120 m²/beneficiary,  if it is located in mountainous areas.

2. The accommodation area must be 6 m²/beneficiary on average. For beneficiaries who need 24/24 hour care, the average accommodation area must be 8 m²/beneficiary. An accommodation must be equipped with necessities for the beneficiary’s daily life.

3. The establishment must have residential areas, kitchens, working offices for staff, relaxation and recreation zones, water supply and drainage and electricity systems, and internal paths; and therapeutic production and labor zones (if conditions permit).

4. Facilities and equipment must ensure convenient access and use by persons with disabilities, the elderly and children.

Article 25.Social relief staff

1. A social relief staff member must:

a/ Be physically fit to provide social relief services to beneficiaries;

b/ Have full civil act capacity;

c/ Possess good ethics and be free from social evils and penal liability examination or be other than a convict whose previous conviction has not yet been expunged;

d/ Have skills to provide social relief services to beneficiaries.

2. An establishment must have a sufficient and professionally qualified social relief staff to perform its tasks.

Section 2

OPERATION

Article 26.Conditions for grant of operation licenses

An establishment shall be granted an operation license when fully satisfying the following conditions:

1. Being a public social relief establishment founded in accordance with Section 1, Chapter III of this Decree; or being a non-public social relief establishment with a founding registration certificate granted in accordance with Section 2, Chapter III of this Decree or a social relief establishment lawfully founded in accordance with the law on organization, operation and management of social relief societies or establishments founded in accordance with the law on enterprises.

2. Having its head being a person who has full civil act capacity and good ethics, and is free from social evils and penal liability examination or is other than a convict whose previous conviction has not yet been expunged.

3. Having staff members who can personally provide advice to and take care of beneficiaries.

4. In case the establishment takes care of and nurtures social relief beneficiaries, it must satisfy the physical foundation and manpower conditions prescribed in Section 1, Chapter IV of this Decree in addition to the conditions prescribed in Clauses 1, 2 and 3, Article 26 of this Decree.

Article 27.Operation licenses

1. An operation license of an establishment made according to Form No. 08 in the Appendix to this Decree must have the following details:

a/ Name, office address, telephone and fax numbers of the establishment;

b/ Full name of the head of the establishment;

c/ Type of the establishment;

d/ Geographical area of operation and tasks of the establishment.

2. When changing its name, office address, head, type, tasks or geographical area of operation, an establishment shall carry out the procedures for requesting modification of its license. In case of organizational transformation, division, splitting, consolidation or merger, it shall carry out the procedures for requesting re-grant of its operation license.

3. When its operation license is lost or damaged, an establishment shall request re-grant of operation license.

Article 28.Competence to grant, suspend or revoke operation licenses

1. A provincial-level Labor, War Invalids and Social Affairs Department may grant operation licenses for:

a/ Establishments of ministries, ministerial-level agencies or government-attached agencies; establishments of central bodies of socio-political organizations or socio-professional organizations which are located in the locality;

b/ Establishments founded or having their founding registration certificates granted by provincial-level agencies or organizations.

2. A district-level Labor, War Invalids and Social Affairs Division may grant operation licenses for establishments located in the locality and founded by organizations or individuals not in the cases specified in Clause 1, Article 28 of this Decree.

3. Agencies competent to grant operation licenses may re-grant, modify, suspend or revoke such licenses.

Article 29.Dossiers for grant of operation licenses

1. An establishment’s dossier for grant of an operation license must comprise:

a/ A written request for grant of operation license, made by the establishment according to Form No. 09 in the Appendix to this Decree;

b/ A notarized copy of the founding registration certificate or founding decision of the establishment as prescribed by law.

2. A dossier for modification or re-grant of an operation license must comprise:

a/ A written request for modification or re-grant of operation license;

b/ The operation license;

c/ Papers proving the change of the name, office address, head, type, tasks or geographical area of operation of the establishment.

Article 30.Order and procedures for grant of operation licenses

1. The order and procedures for grant, re-grant and modification of an establishment’s operation license in the case specified in Clause 1, Article 28 of this Decree are prescribed below:

a/ The establishment shall submit one dossier prescribed in Article 29 of this Decree to the provincial-level Labor, War Invalids and Social Affairs Department for examination of the conditions for grant of an operation license within 10 working days;

b/ Within 5 working days after having the examination results, the provincial-level Labor, War Invalids and Social Affairs Department shall grant, re-grant or modify the operation license.

2. The order and procedures for grant, re-grant and modification of an establishment’s operation license in the case specified in Clause 2, Article 28 of this Decree are prescribed below:

a/ The establishment shall submit one dossier prescribed in Article 29 of this Decree to the district-level Labor, War Invalids and Social Affairs Division;

b/ Within 15 working days after receiving a complete dossier as prescribed, the district-level Labor, War Invalids and Social Affairs Division shall grant, re-grant or modify the operation license. In case of refusal to grant, re-grant or modify the operation license, it shall notify such in writing and clearly state the reason.

3. Within 30 working days after an establishment is granted an operation license, its director shall issue and publicly announce or notify operation and spending regulations of the establishment.

Article 31.Announcement of operation of public and non-public social relief establishments

1. Within 30 working days after being granted an operation license, an establishment shall announce its operation on 3 consecutive issues of a newspaper published in the locality where its head office is located. Such announcement must have the following principal contents:

a/ Its name in Vietnamese and a foreign language (if any);

b/ Its office address, telephone number, email or website address (if any);

c/ Beneficiaries targeted by its services;

d/ Its type;

dd/ Its tasks;

e/ Its geographical area of operation;

g/ Its bank account, and the name and address of the bank where the account is opened;

h/ Full name, serial number of the people’s identity card or citizen identity card or passport of its at-law representative;

i/ Serial number, sign, date of issuance and issuing agency of the founding decision or founding registration certificate.

2. In case of modification of its founding decision or founding registration certificate or operation license, an establishment shall announce modified contents within the time limit and by the method prescribed in Clause 1 of this Article.

Article 32.Suspension of operation and revocation of operation licenses

1. In the course of operation, an establishment that fails to maintain any of the conditions prescribed in Article 26 of this Decree shall be suspended from operation for up to 6 months to fully satisfy the operation conditions again.

2. An operation license shall be revoked in the following cases:

a/ It has been grantedultra viresor illegally;

b/ The licensed establishment fails to commence its operation 12 months after being granted the operation license;

c/ The licensed establishment illegally changes its operation purpose;

d/ The licensed establishment still fails to fully satisfy the prescribed operation conditions upon the expiration of the operation suspension period;

dd/ The licensed establishment seriously violates the provisions of the operation license.

3. When being suspended from operation or having its operation license revoked, an establishment shall guarantee benefits for social relief beneficiaries.

Article 33.Responsibility to suspend operation and revoke operation licenses

1. When detecting that an establishment no longer satisfies the prescribed operation conditions, the competent agency defined in Article 28 of this Decree shall issue a decision to suspend for a definite time several or all of operations of such establishment stated in its license, depending on the nature and severity of violation.

2. When detecting one of the cases specified in Clause 2, Article 32 of this Decree, the competent agency defined in Article 28 of this Decree shall decide to revoke the granted operation license.

Section 3

SOCIAL RELIEF STANDARDS

Article 34.Social relief process

An establishment shall provide relief to social relief beneficiaries in the following steps: receiving information and requests of beneficiaries; sorting out and categorizing beneficiaries; conducting psycho-physiological assessments and health checks for beneficiaries and inquiring into their needs; making and implementing aid plans; analyzing the progress of beneficiaries; making plans to stop providing relief to beneficiaries and help them integrate into the community.

Article 35.Standards on the environment, premises and houses

1. An establishment must have a convenient location and a green and clean environment and ensure its premises and houses have particular features suitable to the rural, mountainous or urban area where it is located.

2. The physical foundations of an establishment must be up to the construction standards and suitable to characteristics of beneficiaries.

Article 36.Standards on health, sanitation, clothing and nutrition

An establishment must meet the minimum standards on health, sanitation, clothing and nutrition for taking care of beneficiaries which are suitable to such beneficiaries with special needs as infants, children with disabilities, HIV-infected children, ill or malnourished children, the elderly and persons whose diet regimes are based on their illnesses, regions or beliefs.

Article 37.Standards on general education and job training

An establishment shall ensure that beneficiaries under its care are provided with general education and job training suitable to their abilities and needs and in accordance with law.

Article 38.Standards on culture, sports, physical training and entertainment

An establishment shall ensure that beneficiaries under its care have access to culture, sports, physical training and entertainment conformable with national traditions and their beliefs or regions in accordance with Vietnamese law and suitable to their age groups and characteristics.

Article 39.Violation acts

1. Taking advantage of the founding of an establishment to commit the following acts:

a/ Infringing upon lawful rights and interests of individuals, organizations and communities;

b/ Violating the social ethics, fine traditions and customs and cultural traits of the nation;

c/ Committing other illegal acts.

2. Counterfeiting, erasing, transferring, leasing, lending, or putting in pledge or mortgage founding registration certificates and operation licenses in any form.

3. Beating beneficiaries, putting them in custody or tying them.

4. Refusing to provide food and water to beneficiaries or to let them sleep.

5. Forcing beneficiaries to wear weird or inappropriate clothes.

6. Stopping the provision of health care to beneficiaries.

7. Asking beneficiaries to discipline others; intimidating, verbally abusing or offending beneficiaries with impolite or vulgar words.

8. Forcing beneficiaries to perform too hard jobs.

9. Forcing beneficiaries to follow or not to follow a religion.

Chapter V

PROCEDURES AND DOSIERS FOR MANAGEMENT OF BENEFICIARIES

Article 40.Competence and dossiers for admission of beneficiaries to social relief establishments

1. Competence to admit beneficiaries to a social relief establishment: The head of a social relief establishment may decide to admit beneficiaries to the establishment.

2. A dossier for admission to a social relief establishment of a beneficiary in a particularly difficult circumstance as specified in Clause 1, Article 25 of Decree No. 136/2013/ND-CP must comprise:

a/ An application of the beneficiary or his/her guardian, made according to Form No. 10 provided in the Appendix to this Decree;

b/ A copy of the birth certificate; for an abandoned child, his/her birth registration shall be carried out in accordance with the law on civic status registration;

c/ A certification by a competent health agency, for an HIV-infected person;

d/ A meeting minutes of the appraisal and approval council, made according to Form No. 11 provided in the Appendix to this Decree, and a written request of the commune-level People’s Committee;

dd/ Other relevant papers (if any);

e/ A written request of the district-level People’s Committee chairperson sent to the agency managing the establishment (in case of a provincial establishment);

g/ An admission decision of the head of the establishment.

3. A dossier for admission of a beneficiary in need of urgent protection as specified in Clause 2, Article 25 of Decree No. 136/2013/ND-CP must comprise:

a/ An application of the beneficiary or his/her guardian;

b/ A copy of the people’s identity card or another personal identification paper of the beneficiary (if any);

c/ A written record of the emergency case that threatens the life of the beneficiary;

d/ A written request of the chairperson of the commune-level People’s Committee of the locality where the beneficiary resides or his/her urgent protection is required;

dd/ A written request of the district-level People’s Committee chairperson sent to the agency managing the establishment (in case of a provincial establishment);

e/ An admission of the head of the establishment.

4. A dossier for admission of a voluntary beneficiary must comprise:

a/ A contract on provision of social relief services, made according to Form No. 12 provided in the Appendix to this Decree;

b/ A copy of the people’s identity card or citizen identity card or passport or another personal identification paper of the beneficiary.

Article 41.Procedures for admission of beneficiaries to social relief establishments

1. Procedures for admission to an establishment of a social relief beneficiary in a particularly difficult circumstance mentioned in Clause 1, Article 25 of Decree No. 136/2013/ND-CP are prescribed below:

a/ The beneficiary or his/her guardian shall send a dossier comprising the papers specified at Points a, b and c, Clause 2, Article 40 of this Decree to the commune-level People’s Committee chairperson;

b/ Within 15 working days after receiving the dossier, the commune-level appraisal and approval council shall appraise and approve the dossier and publicly post up the appraisal and approval result at the office of the commune-level People’s Committee for 7 working days, except information about HIV infection of the beneficiary;

c/ Within 7 working days after receiving the dossier of the beneficiary and written request of the commune-level People’s Committee chairperson, the district-level Labor, War Invalids and Social Affairs Division shall examine the dossier and submit it to the district-level People’s Committee chairperson;

d/ Within 3 working days after receiving the dossier submitted by the district-level Labor, War Invalids and Social Affairs Division, the district-level People’s Committee chairperson shall decide to admit the beneficiary to the establishment under the management by the district-level People’s Committee or request in writing the head of the establishment to admit the beneficiary to the establishment;

dd/ Within 7 working days after receiving the dossier of the beneficiary and written request of the district-level People’s Committee chairperson, the head of the establishment shall decide to admit the beneficiary to the establishment;

e/ In case the beneficiary is ineligible for admission to the establishment, the head of the establishment shall reply in writing clearly stating the reason.

2. Procedures for admission to an establishment of a beneficiary who needs urgent protection mentioned in Clause 2, Article 25 of Decree No. 136/2013/ND-CP are prescribed below:

a/ The establishment shall immediately admit the beneficiary in need of urgent protection for taking care of and nurturing him/her and complete the procedures in the following steps:

Step 1. Making a minutes of the admission with the signatures of the individual or representative of the agency or unit that has discovered the beneficiary (if any), commune-level administration (or police office) and representative of the establishment. For a victim of domestic violence, sexual assault, human trafficking or forced labor, such minutes must also bear his/her signature (if possible);

Step 2. Assessing the injury, possibility of recovery and need for aid of the beneficiary, and making an aid plan;

Step 3. Guaranteeing safety and promptly treating physical or mental injuries of the beneficiary; for an abandoned child, making an announcement on the mass media for 25 working days;

Step 4. Deciding to provide aid to the beneficiary at the establishment or to return him/her to his/her family or community;

Step 5. Completing the procedures and dossier for the beneficiary as prescribed. For an abandoned child, the establishment shall carry out the birth registration procedures for him/her in accordance with the law on civic status registration.

b/ The establishment shall immediately admit the beneficiary in need of urgent protection. The admission procedures and dossier shall be completed within 10 working days after receiving the beneficiary. Any extension of this time limit must be considered and decided by a superior management agency.

3. The procedures for deciding on admission of a voluntary beneficiary to an establishment are as follows:

The beneficiary shall voluntarily sign a contract on provision of social relief services with the head of the establishment and submit a copy of his/her identity card or passport or another lawful personal identification paper.

Article 42.Making of files for management of beneficiaries at establishments

Establishments shall make and manage personal files for all beneficiaries. A beneficiary file must comprise:

1. A dossier for admission of the beneficiary to the establishment as prescribed in Article 40 of this Decree.

2. A plan on provision of social relief services and relevant documents.

3. A decision to stop the provision of social relief services or liquidate the contract on provision of social relief services.

4. Papers related to the beneficiary.

Article 43.Competence, conditions and procedures for stopping the provision of social relief services

1. Competence to stop the provision of social relief services: Heads of social relief establishments shall decide to stop the provision of social relief services for beneficiaries.

2. Conditions for stopping the provision of social relief services

a/ The management of the case eligible for social relief services is terminated under a decision of the head of the establishment;

b/ The guardian or family of the beneficiary or the family or individual taking care of or nurturing the beneficiary makes a written request;

c/ The beneficiary is adopted in accordance with the law on child adoption;

d/ The beneficiary is aged full 18 years. A beneficiary aged between over 18 years and 22 years and enrolled in a general education, vocational education or professional secondary school, college or university may continue to be cared for and nurtured at the establishment until he/she obtains the first degree;

dd/ The establishment is no longer capable of providing appropriate social relief services to the beneficiary;

e/ The beneficiary is out of contact with the establishment for one month;

g/ The beneficiary requests the provision of social relief services to be stopped;

h/ The beneficiary is dead or missing as prescribed by law;

i/ The contract on provision of social relief services expires;

k/ Other cases as specified by law.

3. Procedures for stopping the provision of social relief services

a/ A service user or his/her guardian or relative or the family or individuals taking care of or nurturing him/her or his/her adoptive parent as specified at Point b, c, d or g, Clause 2 of this Article shall send a written request for stopping the provision of social relief services, made according to Form No. 13 provided in the Appendix to this Decree, to the head of the establishment;

b/ Within 7 working days after receiving the written request, the head of the establishment shall decide to stop the provision of social relief services;

c/ A written record of the return of the beneficiary to his/her family or community shall be made, bearing the certification by the commune-level People’s Committee, or the contract on provision of social relief services shall be liquidated.

Chapter VI

SOCIAL RELIEF ESTABLISHMENTS ADMITTING UNDER 10 PERSONS IN DIFFICULT CIRCUMSTANCES

Article 44.Conditions for registration of social relief operation

A social relief establishment that admits fewer than 10 persons in difficult circumstances may be granted a social relief operation registration certificate when fully satisfying the following conditions:

1. Its head and staff members have full civil act capacity and good ethics and are free from social evils and penal liability examination and other than convicts whose previous convictions have not yet expunged.

2. It has staff members to provide social relief services to beneficiaries.

3. It satisfies the essential conditions on houses, kitchens, electricity and water for daily-life activities of beneficiaries.

Article 45.Competence to register social relief operation

Commune-level People’s Committee chairpersons are competent to grant social relief operation registration certificates for establishments based in their localities.

Article 46.Dossier for registration of social relief operation

1. A declaration for registration of social relief operation, made according to Form No. 14 provided in the Appendix to this Decree.

2. Criminal record cards of the head and staff members of the establishment.

3. Copies of people’s identity cards or citizen identity cards or passports or other lawful personal identification papers of the head and staff members of the establishment.

Article 47.Order and procedures for registration of social relief operation

1. The head of an establishment shall submit one dossier for registration of social relief operation prescribed in Article 46 of this Decree to the commune-level People’s Committee of the locality where the establishment is based.

2. Within 10 working days after receiving the dossier, the commune-level People’s Committee shall examine it and grant a social relief operation registration certificate, made according to Form No. 15 provided in the Appendix to this Decree, for the establishment. In case of refusal to grant a certificate, it shall notify such in writing, clearly stating the reason.

Article 48.Revocation of social relief operation registration certificates

1. A social relief operation registration certificate shall be revoked in the following cases:

a/ It has been granted illegally;

b/ Its holder seriously violates its provisions;

c/ Other cases as specified by law.

2. Upon detecting any of the following cases specified in Clause 1, Article 48 of this Decree, commune-level Labor, War Invalids and Social Affairs officers shall propose commune-level People’s Committees to decide on revocation of social relief operation registration certificates of establishments.

3. Commune-level People’s Committees are competent to revoke social relief operation registration certificates.

Chapter VII

STATE MANAGEMENT POWERS AND RESPONSIBILITIES

Article 49.Responsibilities of ministries and sectors

1. The Ministry of Labor, War Invalids and Social Affairs shall assist the Government in performing the uniform state management of social relief establishments nationwide and shall:

a/ Provide guidance on the organizational structure and staff of social relief establishments; criteria for professional title holders and collaborators working at social relief establishments; the social relief process and standards of establishments; and other provisions of this Decree.

b/ Plan and develop the network and typical models of social relief establishments.

c/ Apply information technology to the management of social relief establishments.

d/ Train and build capacity for public employees and collaborators of social relief establishments.

dd/ Examine and inspect operations of social relief establishments.

e/ Review the operation of social relief establishments for reporting to the Prime Minister.

2. The Ministry of Home Affairs shall guide the establishment, reorganization and dissolution of public non-business units.

3. The Ministry of Health shall guide health care, orthopedic surgery - functional rehabilitation for persons with disabilities or mental illness, children in special circumstances and other beneficiaries in social relief establishments.

4. The Ministry of Education and Training shall guide exemption from tuition fees and contributions; direct and guide the organization of integration classes for beneficiaries in social relief establishments.

5. The Ministry of Finance shall allocate operating funds for social relief establishments in accordance with the Law on the State Budget and guiding legal documents.

6. The Ministry of Planning and Investment shall assume the prime responsibility for appraising investment capital sources and the capability of arranging investment capital for projects on founding of social relief establishments funded with central budget allocations, money raised from national debentures and government bonds, and ODA and concessional loans of foreign donors; assume the prime responsibility for balancing and allocating development investment capital under medium-term and annual plans for implementation of appraised projects after investment procedures are completed in accordance with the Law on Public Investment.

7. Ministries, ministerial-level agencies and government-attached agencies shall organize the implementation of this Decree according to their assigned functions and tasks, perform the state management of establishments under their management, and review the operation of such establishments for reporting to the Ministry of Labor, War Invalids and Social Affairs before December 15 every year.

Article 50.Responsibilities of People’s Committees at all levels

People’s Committees at all levels shall perform the state management of social relief establishments in their localities and:

1. Allocate operating funds for public social relief establishments in accordance with the Law on the State Budget and guiding legal documents.

2. Allocate funds for nurturing social relief beneficiaries admitted to public and non-public social relief establishments in accordance with law.

3. Review, reorganize and strengthen social relief establishments in their localities to meet the standards and operation conditions prescribed in this Decree.

4. Direct related agencies in granting operation licenses for qualified public and non-public social relief establishments.

5. Carry out the procedures for merging or dissolving any establishments that fail to meet the prescribed standards and operation conditions within 1 year.

Article 51.Responsibilities of establishments

1. To organize, arrange and consolidate their organizational structure and human resources and arrange adequate physical foundations and equipment as prescribed in this Decree.

2. To propose their consolidation plans to agencies directly managing them.

3. To send biannual reports (before June 15), annual reports (before December 15) and irregular reports on their operation to Labor, War Invalids and Social Affairs offices at the same level.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 52.Effect

1. This Decree takes effect on November 1, 2017.

2. The Government’s Decree No. 68/2008/ND-CP of May 30, 2008, prescribing the conditions and procedures for the founding, organization, operation and dissolution of social relief establishments; Article 1 of the Government’s Decree No. 81/2012/ND-CP of October 8, 2012, amending and supplementing a number of article of Decree No. 68/2008/ND-CP of May 30, 2008, and the Government’s Decree No. 109/2002/ND-CP of December 27, 2002, amending and supplementing a number of articles of the Government’s Decree No. 195/CP of December 31, 1994, detailing and guiding the implementation of a number of articles of the Labor Code on working time and rest time; Articles 28, 30 and 31 of the Government’s Decree No. 136/2013/ND-CP of October 21, 2013, prescribing social relief policies toward social beneficiaries; Chapter V of the Government’s Decree No. 28/2012/ND-CP of April 10, 2012, detailing and guiding the implementation of a number of articles of the Law on Persons with Disabilities; and Chapter II of the Government’s Decree No. 06/2011/ND-CP of January 14, 2011, detailing and guiding the implementation of a number of articles of the Law on the Elderly cease to be effective from the effective date of this Decree.

Article 53.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
Prime Minister
NGUYEN XUAN PHUC