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THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
68/2008/ND-CP
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Hanoi, May 30,
2008
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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.
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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:
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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.
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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;
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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
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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
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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;
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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:
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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.
Article 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
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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:
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- 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:
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- 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.
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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.
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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.
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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:
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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
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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).
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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.
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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.
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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
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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.
ON BEHALF OF THE
GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung