Circular No. 10/2002/TT-BLDTBXH guiding the implementation of certain provisions of the Regulation on the Establishment and Operation of Social Welfare Facilities issued together with Decree No. 25/2001/NĐ-CP dated May 31, 2001 of the Government.

CIRCULAR

Guidelines for Implementing Certain Provisions of the Regulation on the Establishment and Operation of Social Welfare Facilities Issued Together with Decree No. 25/2001/NĐ-CP

dated May 31, 2001 of the Government

dated May 31, 2001 of the Government

Pursuant to the Regulation on the establishment and operation of social welfare facilities issued together with Decree No. 25/2001/NĐ-CP dated May 31, 2001 of the Government, the Ministry of Labor, Invalids and Social Affairs provides guidelines for certain provisions of this Regulation as follows:

I. DOCUMENTS AND PROCEDURES FOR ESTABLISHMENT AND DISSOLUTION

1. Documents for Establishing Social Welfare Facilities.

The documents for establishing social welfare facilities shall be implemented in accordance with Articles 6 and 7 of the Regulation, specifically:

a) The proposal for establishing a social welfare facility by individuals and organizations, associations according to Model No. 1* issued together with this Circular.

b) Papers confirming ownership and usage rights of houses, land, and means of transportation serving the activities of social welfare facilities must be submitted in notarized copies in accordance with regulations.

c) Application for establishing a social welfare facility according to Model No. 2* issued together with this Circular.

The documents shall be made in three (3) copies, two copies to be submitted to the competent labor and social affairs authority as stipulated in Clause 1, 2, and 3 of Article 8 of the Regulation for review; one copy to be kept at the social welfare facility.

2. Time Limit for Issuing a Permit to Establish a Social Welfare Facility.

The competent authority shall issue a permit to establish a social welfare facility within fifteen (15) days from the date of receipt of the request from the reviewing authority.

3. Dissolution of Social Welfare Facilities.

a) The authority that permits the establishment of a social welfare facility in accordance with Article 9 of the Regulation has the authority to dissolve or terminate the operation of the social welfare facility.

b) The dissolution of a social welfare facility shall be carried out in accordance with Article 13 of the Regulation. The dissolution plan must clearly specify the contents regarding asset settlement, financial matters, beneficiaries under care, and staff.

4. Procedures for Extending the Operating Period of Social Welfare Facilities.

a) Before the expiration of the operating period, sixty (60) days prior, the director of the social welfare facility shall submit a written request for extension to the competent authority.

b) The minimum duration of the extended operation period is one year.

c) Within thirty (30) days from the date of receipt of the request for extension, the competent authority must respond in writing.

II. OBJECTS ELIGIBLE FOR ADMISSION TO SOCIAL WELFARE FACILITIES

The objects eligible for admission to social welfare facilities are persons with particularly difficult circumstances as defined in Article 2 of the Regulation, specifically:

1. Orphaned Children: Children under sixteen (16) years old who have lost both parents, abandoned children without a source of support, and without relatives to rely on (without a legacy from family, or assistance from organizations or individuals to live, and without grandparents, legal foster parents).

2. Elderly Individuals Without Support: Individuals aged sixty (60) years or older, without a spouse, living alone, without legal adopted children, without relatives to rely on, and without income.

3. Severely Disabled Persons and Chronic Mentally Ill Persons.

a) Severely disabled persons who are no longer capable of working, without income, and without relatives to rely on.

b) Chronic mentally ill persons who have undergone multiple treatments at specialized mental hospitals but remain unhealed, frequently unable to control themselves, and pose risks to the lives and property of others, public order, and safety.

For orphaned children, elderly individuals without support, severely disabled persons, and chronic mentally ill persons who still have relatives, but the relatives are unable to provide support, they will also be considered for admission.

4. Other Objects Determined by Competent State Authorities.

Individuals who pose a risk to public order and safety may be decided by the competent authority to be admitted to social welfare facilities for management, with a maximum period of fifteen (15) days. For mentally ill persons whose residence and relatives cannot be identified, procedures for admission must be completed within fifteen (15) days in accordance with current regulations.

5. Voluntary Admissions.

Elderly individuals without support, orphaned children, severely disabled persons with income, willing to contribute financially, or their relatives, guardians, or sponsors contributing financially can also be considered for admission to social welfare facilities.

The specific monthly contribution amount shall be agreed upon in writing between the object, their relatives, sponsors, and the Director of the social welfare facility according to levels set by the Provincial People's Committee.

III. REGULATIONS ON THE ADMISSION OF OBJECTS INTO SOCIAL WELFARE FACILITIES AND RETURNING TO FAMILY

1. The documents for admitting objects into social welfare facilities as stipulated in Article 15 of the Regulation shall be implemented according to a unified model issued by the Ministry of Labor, Invalids and Social Affairs together with Circular No. 18/2000/TT-BLĐTBXH dated July 28, 2000 guiding the implementation of certain provisions of Decree No. 07/2000/NĐ-CP dated March 9, 2000 of the Government on social assistance policies.

2. The Chairman of the Provincial People's Committee authorizes the Director of the Department of Labor, Invalids and Social Affairs, the Chairman of the District People's Committee authorizes the Head of the Department of Labor, Invalids and Social Affairs or the Head of the Organization and Labor Department to sign decisions on admitting objects into social welfare facilities according to the level of management.

3. The Director of the social welfare facility decides to return the object to the family or community in accordance with Article 18 of the Regulation. The decision shall be made according to a model issued by the Ministry of Labor, Invalids and Social Affairs together with Circular No. 18/2000/TT-BLĐTBXH dated March 9, 2000 of the Government on social assistance policies.

Ninety (90) days before making a decision to return the object to the family or community, the Director of the social welfare facility must send a written notice to the Chairman of the Commune People's Committee so that the locality can proactively receive and facilitate the integration of the object into the community.

4. In cases where the object is a mentally ill person who was returned to the family but later had a relapse and could not live at home, they will be readmitted according to the initial admission regulations.

IV. IMPLEMENTATION

1. This Circular takes effect fifteen (15) days after its issuance.

2. Social welfare facilities established before the Regulation took effect must supplement their documents in accordance with the Regulation and this Circular.

3. All social welfare institutions must implement the semi-annual and annual reporting regime as prescribed in Article 26 of the Regulation (Form No. 3 issued together with this Circular).

4. For organizations or individuals caring for and supporting from three to nine beneficiaries, based on actual circumstances, the Chairman of the Provincial People's Committee shall consider and apply the Regulation and provide guidance on its implementation.

5. In special cases involving orphan children residing in state-run social welfare institutions who continue their education or vocational training upon reaching sixteen years of age, the Director of the Department of Labor, Invalids, and Social Affairs, based on actual circumstances, shall submit to the Chairman of the Provincial People's Committee for consideration and decision regarding the level and duration of continued subsistence allowance under Articles 10 and 11 of Decree No. 07/2000/NĐ-CP dated March 9, 2000 of the Government on social assistance policies.

6. All previous regulations that conflict with this Circular are hereby abolished.

During the course of implementation, if any difficulties arise, they should be reported to the Ministry of Labor, Invalids, and Social Affairs for review and resolution./.

(*) Not to be printed