Nghị định 25/2001/NĐ-CP của Chính phủ về việc ban hành Quy chế thành lập và hoạt động của cơ sở bảo trợ xã hội

DECREE

ISSUING THE REGULATION ON THE SETTING UP AND OPERATION OF SOCIAL CHARITY ESTABLISHMENTS

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;

Pursuant to Article 4 of the Governments Decree No.07/2000/ND-CP of March 9, 2000 stipulating social relief policies;

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

DECREES:

Article 1.-To promulgate together with this Decree the Regulation on the setting up and operation of social charity establishments.

Article 2.-This Decree takes effect 15 days after its signing. The earlier regulations contrary to this Decree are all now annulled.

The ministers of: Labor, War Invalids and Social Affairs; Justice; Finance; Public Security; Health; Education and Training, and the chairman of Vietnam Committee for Child Protection and Care shall, within the ambit of their respective functions and tasks and under the provisions of law, have to guide the implementation of this Decree.

Article 3.-The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the Peoples Committees of the provinces and centrally-run cities shall have to implement this Decree.

REGULATION

ON THE SETTING UP AND OPERATION OF SOCIAL CHARITY ESTABLISHMENTS
(Issued together with the Governments Decree No.25/2001/ND-CP of May 31, 2001)

Chapter I

GENERAL PROVISIONS

Article 1.-

1. Social establishments operating on the Vietnamese territory, set up by the State agencies, socio-political organizations, socio-professional organizations (referred collectively to as organizations) and individuals for humanitarian purposes and not for profit making, which admit people facing with exceptional difficulties, being unable to earn their living or having no conditions to live in their families, shall be referred collectively to as social charity establishments.

2. Social charity establishments having 10 (ten) people and more shall be governed by this Regulation.

3. Organizations and individuals that fully satisfy the conditions prescribed in Decree No.07/2000/ND-CP of March 9, 2000 on social relief policies and in this Regulation shall all be entitled to set up social charity establishments.

Article 2.-Subjects to be admitted to social charity establishments include:

1. People meeting with exceptional difficulties, being unable to earn their living and being one of the following:

a/ Orphans who lose their nurturing sources and have no relatives to rely on;

b/ Lonely old people who have no income sources, no one to support;

c/ Disabled persons who have no income sources, no one to support.

2. Persons who suffer from chronic mental illness and may commit acts dangerous to the society.

3. Persons who have no conditions to live in their families and voluntarily contribute funding or whose relatives and/or sponsors contribute funding for them to live in social charity establishments.

4. Other subjects decided by the competent State agencies.

Article 3.-Social charity establishments are social public-service units, having legal person status and the following tasks:

1. Admitting, managing, fostering and educating subjects mentioned in Article 2 of this Decree.

2. Organizing functional rehabilitation and production activities; supporting the subjects in self-management, cultural, sport and other activities suitable to each subjects age and health conditions.

3. Coordinating with agencies and units in providing education, job-training, vocational guidance education, with a view to helping the subjects healthily develop their physical conditions and intellect as well as personality, integrate and reintegrate into the community.

Article 4.-Funding for the operations of social charity establishments includes:

1. Self-procured sources of the social charity establishments owners;

2. Support sources from State bodies, organizations and individuals inside and outside the country;

3. Contributions of families, relatives or sponsors of the social charity beneficiaries;

4. Revenue sources from production and/or service provision activities;

5. Other mobilized sources.

Article 5.-

1. The admission of social charity beneficiaries into social charity establishments must ensure the right subjects, right principles and right competence prescribed in this Regulation.

2. To prohibit all acts of taking the advantage of social charity establishments to conduct illegal and self-seeking activities.

Chapter II

SETTING UP AND DISSOLUTION OF SOCIAL CHARITY ESTABLISHMENTS

Article 6.-Dossiers of application for setting up social charity establishments of individuals shall comply with the form set by the Ministry of Labor, War Invalids and Social Affairs, each consisting of:

1. The application for setting up a social charity establishment;

2. The project on setting up the social charity establishment: its name, guidelines and objectives, operation term and location; the number of social charity beneficiaries to be admitted, the contingent of managerial and service personnel; the financial sources to ensure operations of the establishment as prescribed in Article 4 of this Regulation; the appellation and address of the head office of the sponsoring organization(s) and/or individual(s) (if any).

3. The lawful papers on the right to own or use land and houses as well as other facilities in service of operations of the social charity establishment.

4. The draft operation statute (detailed rules) of the social charity establishment.

5. The curriculum vitae of the head (director) of the social charity establishment with certification of the Peoples Committee of the commune/ward where such person resides.

6. The written approval of the setting up of the social charity establishment, issued by the commune-level Peoples Committee of the locality where the establishments head office is to be located.

Article 7.-Dossiers of application for setting up social charity establishments of organizations and mass organizations shall include:

1. All the documents prescribed in Clauses 1, 2, 3, 4 and 6, Article 6 of this Regulation.

2. The evaluation document and written request of the concerned provincial-level organization, mass organization or religious organization, for social charity establishments of organizations, mass organizations and religious organizations which fall under the deciding competence of the provincial-level Peoples Committees.

Article 8.-The evaluation of dossiers for setting up social charity establishments shall be effected as follows:

1. The district Labor, War Invalids and Social Affairs Sections shall evaluate dossiers for setting up social charity establishments operating in the districts under their management.

2. The provincial Labor, War Invalids and Social Affairs Services shall evaluate dossiers for setting up social charity establishments operating in the provinces under their management.

3. The Ministry of Labor, War Invalids and Social Affairs shall evaluate ministries and branches dossiers for setting up social charity establishments under the management of such ministries or branches.

4. The bodies receiving and evaluating dossiers for setting up social charity establishments must comply with the following provisions:

a/ Issuing receipts to the dossier submitters.

b/ Within 30 days after receiving the full dossiers as prescribed, completing the evaluation of such dossiers and submitting them to the competent authority for issuing the setting-up decision or reaching agreement with the latter so that the managing agencies may set up social charity establishments according to the provisions in Article 8.

c/ Where individuals or organizations fail to satisfy the conditions for setting up social charity establishments, the authority competent to decide the setting up of such establishments shall have to notify them thereof in writing, clearly stating the reasons therefor.

Article 9.-The competence to permit the setting up, dissolution or operation termination of social charity establishments is stipulated as follows:

1. The Minister of Labor, War Invalids and Social Affairs shall issue decisions thereon for social charity establishments under the Ministry.

2. After reaching agreement with the Ministry of Labor, War Invalids and Social Affairs, the ministers, the heads of the ministerial-level agencies or the heads of the agencies attached to the Government shall issue decisions thereon for social charity establishments under the management of ministries or branches.

3. The presidents of the Peoples Committees of provinces or centrally-run cities shall issue decisions for social charity establishments operating in the provinces and provincial cities.

4. The presidents of the Peoples Committees of cities, rural districts, urban districts and towns of the provinces shall issue decisions thereon for mass organizations and individuals social charity establishments using non-budget funding sources, which operate on the district scale.

Article 10.-Operation statutes of social charity establishments stipulated in Clause 4, Article 6 of this Regulation must contain the following contents:

1. The relationships in the direction and control of social charity establishments.

2. The responsibilities of the social charity establishments personnel.

3. The responsibilities and interests of the subjects being fostered in social charity establishments.

4. The principles for management of property and finance of social charity establishments.

5. The administrative regulations and relevant matters, suited to the characteristics of each type of social charity establishments.

Article 11.-In cases where social charity establishments need to change their names, offices, directors or alter their operation statutes, they shall have to send written requests to the bodies directly managing them and the authorities that have issued decisions on their setting up. Within 30 days after receiving such requests, the authorities that have issued decision to set up the establishments shall have to give written replies; past this time limit, if the social charity establishments receive no replies, they shall be entitled to make the requested changes.

Article 12.-One person must not concurrently set up many social charity establishments or act as the director of two social charity establishments or more, except for cases where such establishments are financed by the same organization or individual.

Article 13.-Dissolution of social charity establishments

1. A dossier of application for dissolution of a social charity establishment consists of:

a/ The application for dissolution of the social charity establishment, clearly stating the reasons for the dissolution ahead of time;

b/ The inventory of assets, finance and handling plan;

c/ The list of social beneficiaries being managed by the establishment and the plan to deal with them when the establishment dissolves.

2. Within 30 days after receiving the dissolution dossier, the competent body shall have to reply the establishment in writing. Pending the reception of a dissolution decision, the social charity establishment must not dissolve at its own free will.

3. In cases where the competent body issues decision to dissolve a social charity establishment due to the latters law violation or inefficient operation, such social charity establishment shall have to execute the dissolution plan according to the competent bodys decision within 90 days.

4. Upon the expiry of the social charity establishments operation term, its director may ask the competent body for the extension thereof according to the procedures stipulated by the Ministry of Labor, War Invalids and Social Affairs.

Chapter III

OPERATIONS OF SOCIAL CHARITY ESTABLISHMENTS

Section 1. MANAGEMENT OF FOSTERED SUBJECTS

Article 14.-Admission of social beneficiaries:

1. Social charity establishments of the State and organizations defined in Article 1 shall admit subjects by decisions of the agencies directly managing them. In urgent cases where the lives of the subjects defined in Article 2 of this Regulation are threatened, the social charity establishments may admit them without decisions but must, within 7 days, report such to their managing agencies so that the latter issue the admitting decisions.

2. The directors of the social charity establishments set up by individuals shall decide the admission of subjects strictly according to the approved plan on their setting up.

Article 15.-The agencies directly managing social charity establishments shall issue decisions to admit fostered subjects in conformity with the sizes of the establishments, provided that such subjects meet all the following conditions:

1. Filing applications, made by themselves or their relatives, for admission into the social charity establishments, with certification and proposal of the commune-level Peoples Committees of the localities where such people register their permanent residence.

2. Having medical history dossiers and examination conclusions of the competent medical agencies, for disabled people and chronic mental patients.

The admission dossiers shall be made according to the forms set by the Ministry of Labor, War Invalids and Social Affairs. In emergency cases, a written certification is required.

Article 16.-Social charity establishments shall have to compile personal dossier for each subject, which shall comprise:

1. The application for admission into the social charity establishment, the subjects curriculum vitae, medical history dossier (if any) and admitting decision.

2. For abandoned children, their ages (estimated) and identification characteristics at the time of admission must be inscribed and their photos as well as other papers (if any) are required. Within 30 days after receiving decisions to admit abandoned children, the establishments shall have to carry out the birth-registration procedures for such children so as to ensure the latters legitimate interests according to current regulations.

Article 17.-The directors of social charity establishments shall have to manage and take care of the social charity beneficiaries according to Article 3 of this Regulation.

Article 18.-The directors of social charity establishments shall decide to let the subjects out of the establishments when the latter meet one of the following conditions:

1. They are children who have reached adulthood or who are adopted or patronized by other people as prescribed by law.

2. They are disabled people who have been rehabilitated or mental patients, who have recovered (according to examination and evaluation documents).

3. Their families or lawful guarantors wish to nurture them.

Article 19.-Subjects admitted into social charity establishments shall have to observe the establishments statutes and their directors decisions.

Article 20.-Where a subject dies, the concerned social charity establishment shall have to organize the burial of such person according to current regulations.

Section 2. PERSONNEL MANAGEMENT

Article 21.-The organization and personnel of social charity establishments shall strictly comply with the plans submitted together with their setting-up dossiers and may be changed according to the provisions in Article 11 of this Regulation.

Article 22.-

1. The directors of social charity establishments shall recruit laborers and sign labor contracts with them and with collaborators (if any) according to the provisions of labor legislation and current laws.

2. Wages and social insurance for social charity establishments personnel shall comply with the provisions of current laws.

Section 3. FINANCE AND PROPERTY MANAGEMENT

Article 23.-Social charity establishments shall manage their finance and properties according to current law provisions.

Article 24.-Social charity establishments shall have to submit periodical and annual reports on their financial operation results to the finance agencies of the same level and the agencies directly managing them.

Article 25.-The expenditure from financial support sources or sources generated from their labor/production activities must be made public in a democratic manner and in strict compliance with the establishments operation statutes already ratified by the competent authorities.

Section 4. REPORTING REGIME

Article 26.-Social charity establishments shall have to submit periodical reports before June 15 and December 15 annually as well as their proposals to the direct managing agencies so that the latter make sum-up reports on different aspects of their operations and submit them to the provincial/municipal Labor, War Invalids and Social Affairs Services.

Article 27.-Annually, before December 31, the provincial/municipal Labor, War Invalids and Social Affairs Services shall have to make statistical and sum-up reports on the situation on operations of social charity estab-lishments in the provinces and cities, and submitted them to the Ministry of Labor, War Invalids and Social Affairs.

Chapter IV

STATE MANAGEMENT OVER SOCIAL CHARITY ESTABLISHMENTS

Article 28.-The State management over social charity establishments shall cover the following contents:

1. Promulgating, amending, supplementing legal documents on operations of social charity establishments, and guiding the implementation thereof.

2. Setting up, dissolving social charity establishments and terminating their operations.

Elaborating plans, programs and/or projects on operations of social charity establishments; organizing the preliminary review and final review of the implementation of policies towards the social charity establishments.

3. Examining, inspecting the law observance by social charity establishments; handling violations, settling complaints and denunciations about violations of policies and regimes related to operations of social charity establishments.

4. Providing professional guidance and support for the training of managerial and professional personnel for social charity establishments; supplying information on the State’s policies and regimes for social charity establishments.

5. Organizing and guiding international cooperation on social charity, ensuring the efficiency, right purposes and right subjects.

Article 29.-

1. The Ministry of Labor, War Invalids and Social Affairs shall take responsibility before the Government for the unified State management of social charity establishments throughout the country.

2. The ministries, ministerial-level agencies and agencies attached to the Government shall, within their respective functions and tasks, have to coordinate with the Ministry of Labor, War Invalids and Social Affairs in exercising the State management over the operations of social charity establishments.

3. The Peoples Committees of all levels shall exercise the State management over social charity establishments in their respective localities.

Chapter V

COMMENDATION AND HANDLING OF VIOLATIONS

Article 30.-Organizations and individuals making achievements in bringing up and managing social charity beneficiaries shall be commended and/or rewarded according to current regulations.

Article 31.-Organizations and individuals violating the provisions of this Regulation shall, depending on the nature and seriousness of their violations, be disciplined, administratively sanctioned or examined for penal liability. If causing losses, they shall have to pay compensation therefor.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 32.-This Regulation shall uniformly apply to all social charity establishments throughout the country.

Article 33.-The Ministry of Labor, War Invalids and Social Affairs shall have to coordinate with the concerned agencies in guiding the implementation of this Regulation. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the Peoples Committees of all levels shall, within the scope of their respective functions, tasks and powers, have to guide this Regulation and inspect the implementation thereof by their attached social charity establishments.

Article 34.-Social charity establishments set up before the effective date of this Regulation shall have to amend and/or supplement their operation statutes in compliance with the contents of this Regulation.