Nghị định 68/2008/NĐ-CP của Chính phủ về việc quy định điều kiện, thủ tục thành lập, tổ chức, hoạt động và giải thể cơ sở bảo trợ xã hội

DECREE

PRESCRIBING CONDITIONS AND PROCEDURES FOR THE SETTING UP. ORGANIZATION, OPERATION AND DISSOLUTION OF SOCIAL RELIEF ESTABLISHMENTS

THE GOVERNMENT

Pursuant to the December 25. 2001 Law on Organization of the Government;
Pursuant to the June 15. 2004 Law on Child Protection. Care and Education:
Pursuant to the July 30, 1998 Ordinance on the Disabled;
Pursuant to the April 28, 2000 Ordinance on the Elderly;
At the proposed of the Minister of Labor, War Invalids and Social Affairs,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- This Decree prescribes the conditions and procedures for the setting up. organization, operation and dissolution of social relief establishments which care for and nurture ten or more beneficiaries.

Article 2.- Social relief establishments include public and non-public social relief establishments.

1. State agencies shall manage public social relief establishments, invest in the construction of their material foundations and supply funds for their regular expenditures.

2. Domestic and foreign organizations and individuals shall invest in the construction of material foundations and supply funds for regular expenditures of non-public social relief establishments.

Article 3.- The State encourages socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations: religious organizations: domestic organizations and individuals: foreign organizations and individuals: and overseas Vietnamese to set up social relief establishments for taking care of social relief beneficiaries in the Vietnamese territory; set up and participate in the Association of Directors of Social Relief Establishments in order to exchange experience in the care, nurture, orthopedics-functional rehabilitation, and community integration for social relief beneficiaries.

Article 4.-Tasks of social relief establishments

1. To admit, manage, care for and nurture beneficiaries defined in Article 5 of this Decree.

2. To organize functional rehabilitation and productive labor: to assist beneficiaries in self-management, cultural, sport and other activities suitable to the age and health of each group of beneficiaries.

3. To assume the prime responsibility for, and coordinate with units and organizations in. providing general education, job training and vocational education to beneficiaries for their comprehensive development in physical strength intellect and personality. To assume the prime responsibility for. and coordinate with local administrations in. helping beneficiaries who are eligible or voluntarily apply to leave social relief establishments and return to their families and re-integrate into the community; to support and create conditions for beneficiaries to stabilize their life.

4. To provide social services to individuals or families that meet with social problems in the community where the establishments are headquartered (if conditions permit).

Article 5.- People eligible to be admitted to social relief establishments include:

1. Social relief beneficiaries defined in Article 5 of the Government's Decree No. 67/2007/ND-CP of April 13, 2007. on policies to support social relief beneficiaries.

2. Social beneficiaries who need urgent protection, including abandoned children: domestic violence victims: sexually abused victims: trafficked victims: and victims of forced labor.

3. People other than social relief beneficiaries defined in Clause 1 or 2 of this Article, who have no conditions to live with their families and wish to live in social relief establishments and voluntarily contribute funds by themselves or their relatives or sponsors (below collectively referred to as voluntary beneficiaries).

4. Other social beneficiaries decided by presidents of Peoples Committees of provinces or centrally run cities.

Article 6.- Cases in which beneficiaries are no longer nurtured at social relief establishments

1. Adopted or nurtured children as provided for by law:

2. People aged full 18 years or older:

3. Recovered disabled people or mental patients who nave stably recovered from their ailment:

4. Voluntary beneficiaries when contracts become invalid:

5. Beneficiaries who died or are declared missing as provided for by law.

Article 7.- Operating funds of social relief establishments

1. For public social relief establishments:
a/ State budget allocations:

b/ Contributions of voluntary beneficiaries;

c/ Revenues from their production and service activities and other revenues as provided for by law;

d/ Supports of domestic and foreign organizations and individuals.

2. For non-public social relief establishments:

a/ Funding sources of their owners;

b/ Supports of domestic and foreign organizations and individuals;

c/ Contributions of voluntary beneficiaries;

d/ Other revenues as provided for by law;

e/ State budget supports for nurturing beneficiaries admitted with agreement of competent state management agencies.

Article 8.- Finance and property management

1. Social relief establishments shall manage finance and property according to law

2. Funding sources specified in Article 7 of this Decree must be used and managed in an open, democratic and lawful manner.

3. Social relief establishments shall periodically and annually report on the financial operation as prescribed by law to finance agencies of the same level and their managing agencies.

Article 9.- Reporting regulations

1. Biannually (before June 15) and annually (before December 15). social relief establishments shall send reports to Services of Labor. War Invalids and Social Affairs of provinces or centrally run cities where the establishments are headquartered.

2. Before December 31 every year, ministries, branches, localities and organizations shall report to the Ministry of Labor. War Invalids and Social Affairs on the operation of social relief establishments under their management.

Chapter II

CONDITIONS ON ENVIRONMENT. MATERIAL FOUNDATIONS AND STAFF. AND CRITERIA FOR TAKING CARE OF BENEFICIARIES

Article 10.- Environment and locations

Social relief establishments must be located at places with convenient access to traffic, schools and hospitals, with clean air beneficial to beneficiaries' health and electricity and clean water for their daily-life activities.

Article 11.- Material foundations

Social relief establishments must ensure the following essential material foundations:

1. Land area: 30 m2/beneficiary on average, in rural areas; or 10 m2/beneficiary in urban 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 necessary things for the beneficiary's daily life.

3. Social relief establishments caring for and nurturing 25 or more beneficiaries must have residential areas, kitchens, working offices for staff, relaxation and recreation zones. water supply and drainage and electricity systems, and internal roads: and production and therapeutic-labor zones (if conditions permit).

Social relief establishments caring for and nurturing between 10 and under 25 beneficiaries must ensure basic conditions on residential houses, kitchens, working offices for staff, electricity and water for daily-life activities.

4. Works and equipment must ensure convenient access and use by the disabled, the elderly and children.

Article 12.- Care and nurture

Beneficiaries are entitled to the living conditions specified in the Government's Decree No. 67/20(37/ ND-CP of April 13, 2007, on policies to support social relief beneficiaries: healthcare: education (for persons with learning ability), job training (for children aged 13 years or older and people with working capacity who wish to learn jobs), information supply, relaxation and recreation, exchange with the community, and reintegration into their families and the community.

Article 13.- Staff quota

1. Staff members directly caring for beneficiaries:

a/ Children:

- For under 18 month children: one caretaker/ one child.

- Children aged between 18 months and under 6 years:

+ For normal children: one caretaker/5 or 6 children:

+ Disabled, mental or HIV-infected children: one caretaker/3 or 4 children.

- Children aged between 6 and under 16 years:

- For normal children: one caretaker/8 to 10 children;

+ Disabled, mental or HIV-infected children: one caretaker/4 or 5 children.

b/ Disabled people:

- Those who can still take care of themselves: one caretaker/8 to 10 people;

- Those who cannot take care of themselves: one caretaker/3 or 4 people.

c/ Elderly people:

- Those who can still take care of themselves: one caretaker/8 to 10 people;

- Those who cannot take care of themselves: one caretaker/3 or 4 people.

d/ Mental patients:

- Serious mental patients (excited or final-phase declined): one caretaker/2 patients;

- Mental patients whose disease has been eased: 1 caretaker/3 or 4 patients:

- Recovered mental patients: 1 caretaker/8 to 10 patients.

e/ For street people: one staff member shall manage between 10 and 12 people (applicable to the receipt of street people into social relief establishments awaiting categorization and return to localities).

2. Staff members doing nutrition-related jobs, including food suppliers and cooks: one staff member shall serve 20 beneficiaries.

3. Staff members conducting functional rehabilitation, providing education and job training:

a/ One technician shall guide functional rehabilitation for 5 beneficiaries, for social relief establishments tasked to conduct functional rehabilitation for beneficiaries.

b/ One teacher shall teach 9 beneficiaries, for establishments tasked to provide education and job training for beneficiaries.

4. Staff members engaged in indirect jobs must not exceed 20% of the total staff members of a social relief establishment.

Ankle 14.- Organizational structure and staff

Competent state agencies managing public social relief establishments and directors of nonpublic social relief establishments shall decide on the organizational structure and the number of staff members for task performance as appropriate.

Article 15.- Professional criteria

The Minister of Labor. War Invalids and Social Affairs shall promulgate professional criteria for employee ranks of social relief establishments.

Chapter III

DOSSIERS OF AND PROCEDURES FOR THE SETTING UP AND DISSOLUTION OF PUBLIC SOCIAL RELIEF ESTABLISHMENTS

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, 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, indicating 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; payroll;

- 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, indicating the following details:

- Responsibilities of the director and professional sections:

- Responsibilities of staff members:

- Responsibilities and interests of to-be-nurtured beneficiaries:

- The property and finance management mechanism:

- Administrative regulations and other rele\ ant matters, suitable to the characteristics of such type of establishment.

2. Procedures: Units shall formulate schemes and submit dossiers via evaluating agencies defined in Article 17 of this Decree to authorities competent to set up social relief establishments.

Article 17.- Evaluating agencies and responsibility 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. 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 Services of Labor. War Invalids and Social 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 Home Affairs. Labor. War Invalids and Social Affairs Sections or Lab War Invalids and Social Affairs Sections shall act as evaluating agencies.

2. Responsibility to evaluate dossiers

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

b/ In case conditions for the setting up of a social relief establishment are not fully met. the authority with the setting-up competence shall reply in writing, clearly stating the reasons.

Article 18.- Contents subject to evaluation

1. The necessity, legal grounds and conditions for setting up social relief establishments: factors to ensure the operation and feasibility of schemes: impacts and efficiency of social relief establishments.

2. Each content subject to evaluation must be enclosed with clear conclusions, ensuring objectivity and truthfulness.

Article 19.- Setting-up competence

The competence to permit the setting up and operation of social relief establishments is defined as follows:

1. Ministers or heads of ministerial-level agencies shall decide on the setting up of social relief establishments under their management.

2. Presidents of People's Committees of provinces or centrally run cities shall decide, or decentralize others to decide on the setting up of social relief establishments which will operate in their provinces or cities and public social relief establishments which operate in district-level administrative units.

3. Presidents of district-level People's Committees snail decide on the setting up of non-public social relief establishments which operate in district-level administrative units.

4. Within 20 working days after receiving written requests from evaluating agencies, persons competent to set up social relief establishments defined in Clauses 1,2 and 3 of this Article shall issue decisions setting up the social relief establishments.

Article 20.- Dissolution

1. Social relief establishments which fail to satisfy the conditions specified in Articles 10, 11, 12 and 13. Chapter II of this Decree.

2. Persons competent to dissolve social relief establishments are those with the competence to decide on the setting up of social relief establishments.

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

a/ A dissolution application, clearly stating the reason;

b/ A property and financial list and handling options;

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

4. Within 20 days after receiving a dissolution application dossier, the person with the dissolving competence shall issue a decision dissolving the social relief establishment. A social relief establishment may not automatically dissolve when the competent person's dissolution decision has not yet been issued.

5. In case the competent person issues a decision dissolving a social relief establishment due to the establishment's violation of law or inefficient operation, the establishment must be dissolved within 90 days.

Article 21.- Changes of names, head offices directors or operation regulation of social relief establishments

A social relief establishment which wishes to change its name, head office, director or operation regulation shall send a written request to its managing agency and the person issuing the setting-up decision. Within 20 days after receiving that request, the person issuing the setting-up decision shall give a written reply: past this time limit, if not receiving any written reply, the social relief establishment may effect such change.

Article 22.- Compiling dossiers for management of beneficiaries

A social relief establishment shall compile and manage an individual dossier of every beneficiary. Such a dossier comprises:

1. An application, made by the beneficiary or his/her family, relative or guardian, with request of the village chief and the commune-level People's Committee of the locality where that beneficiary resides;

2. A resume of the beneficiary, certified by the commune-level People's Committee;

3. A birth certificate, for children (for abandoned children, birth registration procedures must be carried out under Article 16 of the Government's Decree No. 158/2005/ND-CP of December 27. 2005. on civil status registration and management):

4. A competent health agency's written certification of the disability, for disabled people (if any), mental patients or HIV/AIDS-infected persons:

5. A written record, in emergency circumstances threatening the life of the beneficiary:

6. A written record of the commune-level Approval Council, or a written request of the president of the commune-level People's Committee (if any);

7. A written request of the president of the district-level People's Committee addressed to the agency managing the social relief establishment (if the beneficiary is admitted to the provincial-level social relief establishment);

8. The admission decision of the head of the managing agency, or the contract:

9. The decision consigning the beneficiary to his/her family or the community or ceasing to provide allowances and granting the burial fee (in case the beneficiary died); or the contract liquidation written record:

10. Documents related to the beneficiary during the time he/she lives in the social relief establishment.

Article 23.- Procedures for admitting beneficiaries

1. Beneficiaries (or their relatives) shall make applications for admission into social relief establishments, enclosed with their resumes with the certification and request of commune-level People's Committees of localities where the beneficiaries register their permanent residence: for chronic mental patients, the applications must be enclosed with medical records and examination conclusions of district- or higher-level medical establishments.

2. In emergency circumstances, there must be written certification of social relief establishments.

3. For voluntary beneficiaries, there must be contracts between directors of social relief establishments and beneficiaries or their representatives.

Article 24.- Competence to admit beneficiaries to. and send them out of. social relief establishments

1. Heads of agencies managing social relief establishments shall issue decisions admitting beneficiaries defined in Clauses 1, 2 and 4, Article 5 of this Decree.

2. Directors of social relief establishments shall issue decisions admitting beneficiaries defined in Clause 3 Article 5 of this Decree.

3. Directors of social relief establishments shall decide to send out of social relief establishments beneficiaries defined in Clauses 1, 2, 3 and 4, Article 5 of this Decree.

Chapter IV

DOSSIERS OF AND PROCEDURES FOR THE SETTING UP AND DISSOLUTION OF NON-PUBLIC SOCIAL RELIEF ESTABLISHMENTS

Article 25.- A dossier for setting up a nonpublic social relief establishment comprises:

1. A setting-up application.

2. A setting-up scheme (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 in service of the operation of the establishment.

4. A draft operation regulation (under Clause 1. Article 16 of this Decree).

5. A resume of the establishment's director, 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 opinions of the commune-level People's Committee, clearly stating its approval or disapproval of the location where the establishment will be headquartered.

7. Written evaluations and requests of provincial-level mass or religious organizations for social relief establishments of mass or religious organizations under the deciding competence of provincial-level People's Committees.

Article 26.- The procedures for setting up. dissolving, or changing 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.

Article 27.- Competence to admit beneficiaries to be nurtured

1. Directors of social relief establishments shall issue decisions admitting beneficiaries or sign contracts with beneficiaries (or their representatives) who volunteer to contribute funds.

2. For beneficiaries entitled to state budget-funded nurture allowances, the competence to admit them is defined in Clause 1, Article 24 of this Decree.

3. Directors of social relief establishments shall decide to send beneficiaries out of social relief establishments.

Article 28.- The dossiers and procedures for consideration and admission of beneficiaries comply with Articles 22 and 23 of this Decree.

Article 29.- Directors of social relief establishments shall decide on the organizational structures; contracts, recruitment and arrangement of staff members, and work time for the performance of the task to care for and nurture beneficiaries under the provisions of law.

Chapter V

RESPONSIBILITIES OF MINISTRIES, BRANCHES AND LOCALITIES

Article 30.- Responsibilities of ministries and branches

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

a/ Formulate and promulgate professional criteria for staff members of social relief establishments.

b/ Guide and provide professional training to improve skills to care for beneficiaries and manage social relief establishments.

c/ Guide and support the operation of the Association of Directors of Social Relief Establishments.

d/ Examine, inspect, and settle complaints and denunciations about the operation of social relief establishments.

e/ To review and report to the Prime Minister on the operation of social relief establishments.

2. The Ministry of Health shall provide guidance on healthcare and orthopedics-functional rehabilitation for disabled people and mental patients in social relief establishments.

3. The Ministry of Education and Training shall guide the exemption of tuition fees and contributions: direct and guide the organization of integration classes for pupils being beneficiaries in social relief establishments.

4. The Ministry of Finance shall allocate operating funds to public social relief establishments in accordance with the State Budget Law and guiding documents.

5. Ministries, ministerial-level agencies and government-attached agencies shall, within the ambit of their functions and tasks, coordinate with the Ministry of Labor. War Invalids and Social Affairs in performing the state management of the operation of social relief establishments.

Article 31.- Responsibilities of People's Committees at all levels

People's Committees at all levels shall perform the state management of social relief establishments under their management and snail:

1. Allocate operating funds to public social relief establishments:

2. Support funds for nurturing beneficiaries whom competent state management agencies agree to admit, and create conditions for nonpublic social relief establishments according to current management decentralization.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 32.- Effect

1. This Decree takes effect 15 days after its publication in "CONG BAO."

2. To annul the Government's Decree No. 25/ 2001/ND-CP of May 31,2001, promulgating the Regulation on the setting up and operation of social relief establishments, and all previous regulations which are contrary to this Decree.

3. Social relief establishments set up and operating before the effective date of this Decree shall refer to the conditions specified in Chapter II of this Decree for their reorganization within 36 months: social relief establishments set up after the effective date of this Decree shall observe the provisions of this Decree.

Article 33.- Implementation responsibilities

The Ministry- of Labor, War Invalids and Social Affairs shall coordinate with concerned ministries and branches in guiding the implementation of this Decree.

Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial/municipal People's Committees shall, within the ambit of their tasks and powers, implement this Decree.