Decree No. 81/2012/ND-CP dated October 8, 2012 of the Government amending and supplementing a number of articles of the Government’s Decree No. 68/2008/ND-CP of May 30, 2008, prescribing conditions and procedures for the setting up, operation and dissolution of social relief establishments, and the Government’s Decree No. 109/2002/ND-CP of December 27, 2002, amending and supplementing Decree No. 195/CP of December 31, 1994, detailing and guiding a number of articles of the Labor Code on working time and rest time

THE GOVERNMENT

Decree No. 81/2012/ND-CP of October 8, 2012, amending and supplementing a number of articles of the Government’s Decree No. 68/2008/ND-CP of May 30, 2008, prescribing conditions and procedures for the setting up, operation and dissolution of social relief establishments, and the Government’s Decree No. 109/2002/ND-CP of December 27, 2002, amending and supplementing Decree No. 195/CP of December 31, 1994, detailing and guiding a number of articles of the Labor Code on working time and rest time

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the June 3, 2008 Law on Promulgation of Legal Documents;

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

The Government promulgates this Decree to amend and supplement a number of articles of the Government’s Decree No. 68/2008/ND-CP of May 30, 2008, prescribing conditions and procedures for the setting up, operation and dissolution of social relief establishments, and the Government’s Decree No. 109/2002/ND-CP of December 27, 2002, amending and supplementing Decree No. 195/CP of December 31, 1994, detailing and guiding a number of articles of the Labor Code on working time and rest time.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 68/2008/ND-CP of May 30, 2008, prescribing conditions and procedures for the setting up, operation and dissolution of social relief establishments (below referred to as Decree No. 68/2008/ND-CP)

1. To amend and supplement Article 16 as follows:

“Article 16. Setting-up dossiers and procedures

1. A setting-up dossier comprises:

a/ A report on the setting up of a social relief establishment (made according to Form 1 in the Appendix to this Decree, not translated), clearly stating:

- The necessity to set up the establishment;

- The process of scheme formulation;

- Principal contents of the scheme;

- Issues on which opinions remain divergent.

b/ A scheme for setting up a social relief establishment (made according to Form 2 in the Appendix to this Decree, not translated), containing the following details:

- Objectives and tasks of the establishment;

- The setting-up option and operation plan of the establishment;

- Beneficiaries to be admitted;

- The organizational apparatus, staff, number of employees based on working positions;

- Some basic information on the expected director;

- The working office (location, design) and necessary equipment and facilities;

- The funding plan;

- The expected operation efficiency;

- Proposals of the submitting agency or unit.

c/ The operation regulation of a social relief establishment (made according to Form 3 in the Appendix to this Decree, not translated), containing the following basic details:

- Responsibilities of the director and professional sections;

- Responsibilities of staff members;

- Responsibilities and interests of nurtured beneficiaries;

- The property and finance management mechanism;

- Administrative regulations and other relevant matters, suitable to the characteristics of the type of the establishment.

2. The setting up procedures: Agency or unit requesting the setting up of the establishment shall submit a dossier via evaluating agencies defined in Article 17 of this Decree to authorities competent to set up social relief establishments.”

2. To amend and supplement Article 17 as follows:

“Article 17. Competence to evaluate dossiers

1. Evaluating agencies

a/ For social relief establishments to be set up under decisions of ministers or heads of ministerial-level agencies or government-attached agencies, Organization and Personnel Departments or Committees shall act as evaluating agencies;

b/ For social relief establishments to be set up under decisions of provincial-level People’s Committees, provincial-level Departments of Home Affairs shall act as evaluating agencies;

c/ For social relief establishments to be set up under decisions of district-level People’s Committees, district-level Sections of Home Affairs shall act as evaluating agencies.

2. Responsibility to evaluate dossiers

a/ Evaluating agencies defined in Clause 1, Article 17 of this Decree shall receive dossiers and issue receipts to dossier submitters, and, within 15 working days after receiving complete and valid dossiers, shall evaluate and submit the dossiers to authorities competent to decide on the setting up of social relief establishments;

b/ In case a dossier for the setting up of a social relief establishment fails to fully meet requirements, the evaluating agency shall reply in writing, clearly stating the reasons within 15 working days after receiving a valid dossier.”

3. To amend Clause 4 of Article 19 as follows:

“4. Within 15 working days after receiving written requests from evaluating agencies, persons competent to set up social relief establishments defined in Clauses 1, 2 and 3, Article 19 of this Decree shall issue decisions on setting up the social relief establishments.”

4. To amend and supplement Clause 3 and Clause 4 of Article 20 as follows:

“3. A dossier of request for the dissolution of a social relief establishment comprises:

a/ A dissolution request, clearly stating the reason (made according to Form 4 in the Appendix to this Decree, not translated);

b/ A property and financial list and handling options;

c/ A list of beneficiaries and handling options upon dissolution.

4. Within 12 working days after receiving a dissolution request dossier, the person with the dissolving competence shall issue a decision on dissolving the social relief establishment. A social relief establishment may not automatically dissolve unless it receives the competent person’s dissolution decision.”

5. To amend and supplement Article 21 as follows:

“Article 21. Changes of names, head offices, directors or operation regulations of social relief establishments

1. A social relief establishment wishing to change its name, head office, director or operation regulation shall send a written request at least 7 working days in advance to its direct managing agency and the person issuing the setting-up decision.

2. Within 7 days after receiving that request, the person issuing the setting-up decision shall reply in writing; past this time limit, if not receiving any written reply, the social relief establishment may effect such change.”

6. To amend Clause 2 of Article 22 as follows:

“2. A resume of the beneficiary.”

7. To amend and supplement Article 23 as follows:

“Article 23. Procedures for admitting beneficiaries

1. Procedures for admitting social relief beneficiaries

a/ Beneficiaries (or their relatives) shall make applications for admission into the social relief establishment, enclosed with their resumes; for chronic mental patients, the applications must be enclosed with a medical record and examination conclusions of a district- or higher-level health establishment;

b/ In emergency circumstances, there must be written certification of the social relief establishment;

c/ For voluntary beneficiaries, there must be a contract between the director of the social relief establishment and the beneficiary or his/her representative.

2. Procedures for admitting beneficiaries who need urgent protection

a/ Establishments shall admit beneficiaries who need urgent protection to care for and nurture and complete the following procedures:

Step 1. To elaborate an admission record with the signatures of the individual or representative of the agency or unit finding out the beneficiary (if any), commune-level authority (or public security), and the grassroots-level representative. For domestic violence victims, sexually abused victims, trafficked victims, and victims of forced labor, the admission record must have the signature of the beneficiary concerned (if possible);

Step 2. To evaluate the level of injury, recovery capacity and assistance need of the beneficiary in order to have plans to assist him/her.

Step 3. To ensure safety and promptly treat the physical or spiritual injury for beneficiaries;

For abandoned children, to inform in the mass media within 25 working days;

Step 4. To decide to nurture the beneficiary in the social relief establishment or consign the beneficiary to his/her family or the community;

Step 5. To complete the procedures and dossier of the beneficiary under regulations. For abandoned children, the establishment must carry out birth registration procedures under the law on civil status.

b/ To immediately admit beneficiaries who need urgent protection to public social relief establishments. Procedures and dossiers must be completed within 10 working days after admitting the beneficiaries. If this time limit must be prolonged, it must be considered and decided by superior management agencies.”

8. To amend and supplement Article 25 as follows:

“Article 25. Setting-up dossiers

A setting-up dossier comprises:

1. A written request for the setting-up of a social relief establishment (made according to Form 5 in the Appendix to this Decree, not translated);

2. A scheme on the setting-up of the social relief establishment under Clause 1, Article 16 of this Decree;

3. Valid papers on land use rights and rights to own houses or assets attached to land for the operation of the establishment;

4. An operation regulation under Clause 1, Article 16 of this Decree;

5. A resume of the expected director of the social relief establishment, certified by the commune-level People’s Committee of the locality where the director resides or by the organization setting up the establishment;

6. Written opinion of the commune-level People’s Committee, clearly stating its approval or disapproval of the location where the establishment will be based;

7. Written evaluation and proposal of the provincial-level mass or religious organization, for social relief establishments of mass or religious organizations under the deciding competence of provincial-level People’s Committees.”

9. To amend Article 26 as follows:

“Article 26. The procedures for setting up, appraisal, dissolution, or change of names, head offices, directors or operation regulations of, non-public social relief establishments comply with Articles 16, 17, 19, 20 and 21 of this Decree.”

10. To amend and supplement Clause 3 of Article 32 as follows:

“3. Social relief establishments that are set up and operate before the effective date of this Decree shall reorganize themselves in accordance with the provisions of Chapter II of this Decree before December 31, 2013; social relief establishments set up after the effective date of this Decree shall comply with the provisions of this Decree.”

Article 2. To amend and supplement Point b, Clause 3, Article 5 of the Government’s Decree No. 195/CP of December 31, 1994, detailing and guiding a number of articles of the Labor Code on working time and rest time, which was amended and supplemented in Clause 2, Article 1 of Decree No. 109/2002/ND-CP of December 27, 2002, as follows:

“b/ For other enterprises and production and business establishments with the same conditions as those of the enterprises and establishments prescribed at Point a of this Clause, which require overtime work for between 200 and 300 hours a year, within 7 working days before implementation, they shall send a written notice thereof to state labor management agencies of the localities in which they conduct production and business activities.”

Article 3. Effect

1. This Decree takes effect on December 1, 2012.

2. To annul Articles 16 and 17, Clause 4 of Article 19, Clauses 3 and 4 of Article 20, Article 21, Clause 2 of Article 22, Article 23, Article 25, Article 26, Clause 3 of Article 32 of Decree No. 68/2008/ND-CP, and Point b, Clause 3, Article 5 of the Government’s Decree No. 195/CP of December 31, 1994, which was amended and supplemented in Clause 2, Article 1 of Decree No. 109/2002/ND-CP, and in this Decree.

Article 4. Organization of implementation

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 TAN DUNG