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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
25/2001/ND-CP
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Hanoi,
May 31, 2001
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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.
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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai
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.-
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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.
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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;
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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.
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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.
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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:
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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;
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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.
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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:
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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.
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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:
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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.
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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.