Decree No. 103/2017/ND-CP on the establishment, organization, operation, dissolution, and management of social assistance facilities

DECREE

PROVISIONS ON THE ESTABLISHMENT, ORGANIZATION, OPERATIONS, DISSOLUTION AND MANAGEMENT OF SOCIAL ASSISTANCE FACILITIES

 

Pursuant to the Law on Government Organization dated June 19, 2015;

BASED ON THE SOCIAL VIOLENCE PREVENTION AND CONTROL LAW dated November 21, 2007;

Grounds: Law on Elderly Persons dated November 23, 2009;

Grounds: Law on Persons with Disabilities dated June 17, 2010;

PURSUANTBASED ON THE ADMINISTRATIVE VIOLATION HANDLING LAW dated June 20, 2012;

Pursuant to the Law on Children dated April 5, 2016;

AT THE PROPOSAL OF THE MINISTER OF LABOR - War Invalids and Social Affairs;

THE GOVERNMENT ISSUES THIS DECREE TO REGULATE THE ESTABLISHMENT,ORGANIZATION, OPERATIONS; DISSOLUTION AND MANAGEMENT OF SOCIAL ASSISTANCE FACILITIES.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

THIS DECREE REGULATES THE ESTABLISHMENT, ORGANIZATION, OPERATIONS, DISSOLUTION AND MANAGEMENT OF SOCIAL ASSISTANCE FACILITIES.

Article 2. Applicability

SOCIAL ASSISTANCE FACILITIES INCLUDE PUBLIC SOCIAL ASSISTANCE FACILITIES AND NON-PUBLIC SOCIAL ASSISTANCE FACILITIES (HEREINAFTER REFERRED TO AS "FACILITIES").

1. PUBLIC SOCIAL ASSISTANCE FACILITIES ARE ESTABLISHED, MANAGED, AND FUNDED FOR INFRASTRUCTURE AND OPERATIONAL EXPENSES BY STATE AUTHORITIES.

2. NON-PUBLIC SOCIAL ASSISTANCE FACILITIES ARE ESTABLISHED, FUNDED FOR INFRASTRUCTURE AND OPERATIONAL EXPENSES BY INDIVIDUALS, ORGANIZATIONS, AND ENTERPRISES INSIDE AND OUTSIDE VIETNAM.

Article 3. POLICIES ENCOURAGING SOCIALIZATION

1. THE STATE ENCOURAGES INDIVIDUALS AND ORGANIZATIONS INSIDE AND OUTSIDE VIETNAM TO ESTABLISH SOCIAL ASSISTANCE FACILITIES TO CARE FOR AND ASSIST PERSONS WITH SOCIAL ASSISTANCE NEEDS IN VIETNAM.

2. INDIVIDUALS AND ORGANIZATIONS THAT INVEST IN BUILDING FACILITIES SHALL ENJOY POLICIES ENCOURAGING SOCIALIZATION AS PROVIDED BY LAW.

Article 4. LEGAL PERSON STATUS, SEAL, ACCOUNT, NAME, SYMBOL AND HEADQUARTERS OF THE FACILITY

1. THE FACILITY HAS LEGAL PERSON STATUS, A SEPARATE SEAL AND ACCOUNT.

2. THE FACILITY HAS A NAME IN VIETNAMESE AND FOREIGN LANGUAGES, AND A DISTINCTIVE SYMBOL (IF ANY). THE NAME AND SYMBOL OF THE FACILITY MUST MEET THE FOLLOWING CONDITIONS:

a) NOT BE SIMILAR OR CONFUSING WITH THE NAME OR SYMBOL OF ANOTHER FACILITY REGISTERED PRIOR TO IT;

b) NOT VIOLATE TRADITIONAL HISTORY, CULTURE, ETHICS, AND SOCIAL CUSTOMS OF THE NATION.

3. THE HEADQUARTER OF THE FACILITY MUST BE LOCATED IN VIETNAM AND HAVE A SPECIFIC ADDRESS.

Article 5. TYPES OF SOCIAL ASSISTANCE FACILITIES

1. Social welfare facilities caring for elderly people.

2. Social welfare facilities caring for children with special circumstances.

3. Social welfare facilities caring for persons with disabilities.

4. Social welfare facilities providing care and functional recovery for mentally ill persons or those with mental disorders.

5. Comprehensive social welfare facilities implementing care for multiple social welfare recipients or those requiring social assistance.

6. Social work centers providing counseling, emergency care, or necessary support conditions for social assistance recipients.

7. Other social assistance facilities as prescribed by law.

Chapter II

TASKS AND LIMITATIONS OF SOCIAL ASSISTANCE FACILITIES

Article 6. TARGET GROUPS SERVED BY SOCIAL ASSISTANCE FACILITIES

1. THE SOCIAL PROTECTION OBJECTIVES AS DEFINED IN CLAUSE 1, ARTICLE 25 OF GOVERNMENT DECREE NO. 136/2013/NĐ-CP DATED OCTOBER 21, 2013 ON SOCIAL ASSISTANCE POLICIES FOR SOCIAL PROTECTION OBJECTIVES.

2. EMERGENCY PROTECTION OBJECTIVES INCLUDE:

a) VICTIMS OF DOMESTIC VIOLENCE; SEXUAL ABUSE VICTIMS; TRAFFICKING VICTIMS; FORCED LABOR VICTIMS;

b) CHILDREN AND STREET Beggars DURING THE PERIOD OF RETURNING TO THEIR PLACE OF RESIDENCE.

3. UNDERAGE PERSONS WITHOUT STABLE RESIDENCE WHO ARE SUBJECT TO COMMUNITY EDUCATION MEASURES UNDER THE ADMINISTRATIVE VIOLATION HANDLING LAW DATED JUNE 20, 2012, GOVERNMENT DECREE NO. 111/2013/NĐ-CP DATED SEPTEMBER 30, 2013 ON THE REGIME OF APPLYING COMMUNITY EDUCATION ADMINISTRATIVE DISCIPLINARY MEASURES, AND GOVERNMENT DECREE NO. 56/2016/NĐ-CP DATED JUNE 29, 2016 AMENDING AND COMPLETING CERTAIN ARTICLES OF GOVERNMENT DECREE NO. 111/2013/NĐ-CP DATED SEPTEMBER 30, 2013 ON THE REGIME OF APPLYING COMMUNITY EDUCATION ADMINISTRATIVE DISCIPLINARY MEASURES.

4. PERSONS WHO DO NOT BELONG TO THE SOCIAL PROTECTION OBJECTIVES AS DEFINED IN CLAUSE 1, CLAUSE 2, AND CLAUSE 3 OF THIS ARTICLE BUT HAVE SOCIAL ASSISTANCE NEEDS AND VOLUNTARILY CONTRIBUTE FINANCIAL RESOURCES OR HAVE RELATIVES OR GUARDIANS CONTRIBUTE FINANCIAL RESOURCES (HEREINAFTER COLLECTIVELY REFERRED TO AS VOLUNTARY OBJECTIVES).

5. OTHER OBJECTIVES ACCORDING TO SUPPORT PROGRAMS OR PROJECTS OR DECIDED BY THE CHAIRMAN OF THE PROVINCE OR CITY PEOPLE'S COMMITTEE DIRECTLY UNDER THE CENTRAL GOVERNMENT.

Article 7. Tasks of social assistance facilities social assistance

The facility shall perform one or more of the following tasks:

1. Providing emergency services

a) Receiving individuals in need of urgent protection;

b) Assessing the needs of individuals; screening and classifying individuals. In cases where necessary, transferring individuals to healthcare facilities, educational institutions, police agencies, judicial bodies, or other relevant agencies and organizations;

c) Ensuring safety and meeting urgent needs of individuals such as temporary accommodation, food, clothing, and transportation.

2. Counseling and treating mental disorders, psychological crises, and physical recovery for individuals.

3. Advising and assisting individuals to benefit from social assistance policies; coordinating with relevant agencies and organizations to protect and assist individuals; seeking and arranging forms of care.

4. Developing intervention and assistance plans for individuals; monitoring and reviewing intervention and assistance activities and adjusting the plan.

5. Accepting, managing, caring for, and nurturing socially assisted individuals who are particularly difficult to support themselves and live independently at home or in the community.

6. Providing initial medical treatment services.

7. Organizing rehabilitation activities, assisting individuals in self-management, cultural, sports, and other activities appropriate to their age and health as stipulated by law.

8. Leading and coordinating with units and organizations to teach culture, vocational skills, and career guidance to help individuals develop physically, intellectually, morally, and integrate into the community.

9. Providing social education and capacity-building services

a) Providing social education services to help individuals develop problem-solving abilities, including parenting skills training for those in need; life skills training for children and minors;

b) Cooperating with training institutions to organize training and workshops on social work for social workers and staff working in social service facilities;

c) Organizing training courses and seminars to provide knowledge and skills for target groups with needs.

10. Managing individuals receiving social work services.

11. Implementing preventive measures against individuals falling into difficult circumstances and being harmed, subjected to violence, or abuse.

12. Community development

a) Engaging with local residents and authorities at all levels to identify community issues for developing assistance programs and plans;

b) Proposing policies to competent authorities;

c) Building networks of social workers and volunteers.

13. Organizing communication and awareness-raising activities.

14. Leading and coordinating with local authorities to reintegrate eligible or voluntarily released individuals back into their families and communities; supporting and creating conditions for individuals to stabilize their lives.

15. Managing finances, assets, civil servants, officials, and employees in accordance with the law.

16. Organizing fundraising and accepting financial and material support from domestic and foreign agencies, organizations, and individuals to implement facility activities.

17. Performing service provision activities as required and other tasks decided by competent authorities.

Article 8. Powers of social assistance facilities

1. Organize activities to provide social assistance services to those in need as prescribed.

2. Refuse requests for provision of social assistance services if they do not align with the functions and tasks of the facility, except where there is a decision by the competent authority.

3. Select social assistance business methods to assist beneficiaries in accordance with the provisions of the law.

4. Other rights as prescribed by law.

Article 9. Operating funds of the facility social assistance

1. For public social assistance facilities, including:

a) State budget funds;

b) Service fees from voluntary beneficiaries;

c) Income from production and service activities of the social assistance facility;

d) Assistance from domestic and foreign organizations and individuals;

đ) Other sources as prescribed by law.

2. For non-public social assistance facilities, including:

a) Own resources of the social assistance facility owner;

b) Assistance from domestic and foreign organizations and individuals;

c) Service fees from voluntary beneficiaries;

d) Other income as prescribed by law;

đ) Support from the state budget to provide social assistance services.

Article 10. Financial and asset management

1. The facility shall manage financial and assets in accordance with the provisions of the law.

2. The use and management of operating funds must be transparent and conducted in accordance with the operational regulations and expenditure rules of the facility.

3. The facility has the responsibility to report financial results periodically and annually as prescribed by law.

Chapter III

ESTABLISHMENT, REORGANIZATION AND DISSOLUTION OF PUBLIC AND NON-PUBLIC SOCIAL ASSISTANCE FACILITIES

Section 1. ESTABLISHMENT, REORGANIZATION AND DISSOLUTION OF PUBLIC SOCIAL ASSISTANCE FACILITIES

Article 11. Establishment, reorganization and dissolution

Conditions, procedures, formalities, files, authorities for establishing, reorganizing and dissolving public social assistance facilities; classification of public social assistance facilities shall be carried out in accordance with the provisions of Government Decree No. 55/2012/ND-CP dated June 28, 2012 on the establishment, reorganization and dissolution of public institutions (hereinafter referred to as Decree No. 55/2012/ND-CP).

Article 12. Documents for establishment

The documents for establishment as stipulated in Article 8 of Decree No. 55/2012/ND-CP and supplemented include:

1. A proposal for establishment according to Model No. 01 attached to this Decree.

2. An establishment plan according to Model No. 02 attached to this Decree.

3. A draft operational regulation of the facility according to Model No. 03a attached to this Decree.

Article 13. Documents for reorganization and dissolution

The documents for reorganization and dissolution as stipulated in Article 15 of Decree No. 55/2012/ND-CP and supplemented include:

1. A proposal for reorganization and dissolution of the facility according to Model No. 04a attached to this Decree.

2. A reorganization and dissolution plan of the facility according to Model No. 05 attached to this Decree.

Section 2. ESTABLISHMENT AND DISSOLUTION OF NON-PUBLIC SOCIAL ASSISTANCE FACILITIES

Article 14. Right to establish and manage facilities

1. Organizations and individuals have the right and obligation to establish and manage facilities in accordance with this Decree.

2. Organizations and individuals must declare their application for establishment and bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the information declared in the establishment registration file.

3. The agency or person authorized to issue the establishment registration certificate (hereinafter referred to as the issuing agency) is responsible for the validity of the establishment registration file and does not bear responsibility for any violations of the law committed by the facility before and after its establishment.

4. The issuing agency does not resolve disputes between members of the facility or between the facility and other organizations or individuals during the operation period.

Article 15. Documents for registration of establishment

1. Application for registration of establishment according to Form No. 06 attached hereto.

2. Plan for establishment of the facility.

3. Draft Operating Regulations of the facility according to Form No. 03b attached hereto.

4. Certified copies of legal documents regarding land use rights, ownership of housing, or lease, loan agreements for land, facilities, and assets attached to the land serving the operation of the facility.

5. Criminal record certificates of the founders.

6. Copies of the following documents:

a) Identity card or citizen identification card. For foreign individual founders, passport or other lawful personal identification documents of the founders;

b) Decision on establishment or equivalent documents of the organization and authorization documents; identity card or citizen identification card or passport, or other lawful personal identification documents of the authorized representative of the organization.

For foreign organizational founders, certified copies of the decision on establishment or equivalent documents must be apostilled.

Article 16. Operating Regulations of the Facility

1. The operating regulations of the facility must include the following main contents:

a) Name of the facility, address of headquarters, telephone number, fax number.

b) Tasks of the facility;

c) Charter capital;

d) Full name, permanent residence address, nationality, identity card or citizen identification card or passport or other lawful personal identification documents of the founders; contribution capital and value of each founder's contribution;

đ) Rights and obligations of founding members;

e) Management structure;

g) Legal representative of the facility;

h) Procedure for passing decisions of the facility; principles for resolving internal disputes;

i) Basis and methods for determining remuneration, salary, and bonuses for staff at the facility;

k) Circumstances under which members have the right to request the facility to repurchase their contributions;

l) Principles for profit distribution after tax and loss handling;

m) Circumstances for dissolution, dissolution procedures, and asset liquidation procedures of the facility;

n) Procedures for amending and supplementing the Operating Regulations of the facility.

2. The draft Operating Regulations of the facility when registering for establishment must bear the full names and signatures of the founders.

3. Amendments and supplements to the Operating Regulations of the facility must bear the full names and signatures of the founders.

Article 17. Registration of Establishment

1. Organizations or individuals establishing a facility shall submit one set of documents as prescribed in Article 15 of this Decree to the agency issuing the registration certificate.

2. The agency issuing the registration certificate has the responsibility to examine the validity of the documents and issue the registration certificate for the facility within five working days from the date of receipt of the documents. In case of refusal to issue the registration certificate for the facility, it must notify the person establishing the facility in writing and specify the reasons.

3. Facilities established in accordance with laws on enterprises or facilities established in accordance with laws on organizations, activities, and management of associations and social assistance facilities for less than ten disadvantaged individuals do not need to follow the registration establishment procedures stipulated in Section 2 Chapter III of this Decree.

Article 18. Conditions for issuing the registration certificate for establishment1. Conditions for issuing the registration certificate for establishment

1. a) The name of the establishment must be set up in accordance with the provisions of Article 5 of this Decree;

b) Having a valid registration dossier as prescribed in Article 15 of this Decree.

2. Registration Certificate for Establishment

The registration certificate for establishment shall contain the main contents as specified in Model No. 07 attached to this Decree:

a) Name of the establishment, address of headquarters, telephone number, fax number;

b) Full name, permanent residence address, nationality, citizen identification card number or identity card number or passport number or other lawful personal identification of the founders;

c) Type of establishment;

d) Tasks of the establishment (Specifically stating one or more tasks as prescribed in Article 7 of this Decree);

đ) Registered capital; capital of the established enterprise (Investment capital);

e) Tax registration information.

Article 19. Authority to issue, revoke the registration certificate for establishment and dissolution of the establishment

1. The Department of Labor, Invalids and Social Affairs shall issue the registration certificate for establishments operating across provinces or districts, towns, urban districts, cities under provinces, cities, with headquarters located in the locality.2. The Labor, Invalids and Social Affairs Office shall issue the registration certificate for establishments operating within the district level, with headquarters located in the locality.

3. The authority issuing the registration certificate for establishment is the competent authority to revoke the registration certificate for establishment and dissolve the establishment.

Article 20. Registration of changes to the content of the registration certificate for establishment

1. When changing the content of the registration certificate for establishment, the establishment must register with the authority issuing the registration certificate for establishment.

2. The dossier for requesting registration of changes to the content of the registration certificate for establishment includes: i, ba) A request document regarding the registration of changes to the content of the registration certificate for establishment;b) The original registration certificate for establishment that has been issued;the dossier in accordance with Clause 1 of this Article and submit to the State Bank;

c) Relevant documents proving the change in the content of the registration certificate for establishment.

3. The procedure and formalities for registering changes to the content of the registration certificate for establishment are as follows:

a) The establishment submits one set of the dossier for requesting changes to the authority issuing the registration certificate for establishment;

b) The authority issuing the registration certificate for establishment shall examine the dossier and issue a new registration certificate for establishment according to the establishment's request within five working days from the date of receipt of the registration request.

In case of refusal, it must notify the establishment requesting the change in writing and specify the reasons or requirements for amending or supplementing the dossier.

Article 21. Revocation of the registration certificate for establishment

1. An establishment will have its registration certificate revoked in the following cases:

a) The registration certificate for establishment was issued to the establishment in violation of the law;

b) Within twelve months from the date of issuance of the registration certificate for establishment, the establishment has not submitted a dossier requesting issuance of an operation permit to the competent authority;

c) Other cases as prescribed by law.2. The establishment must take responsibility for settling the rights and interests of the subjects, employees, and related parties when the registration certificate for establishment is revoked.

1. The establishment registration certificate shall be revoked for the facility in the following cases:

a) The establishment registration certificate was issued to the facility in violation of the provisions of the law;

b) Within twelve months from the date of issuance of the establishment registration certificate, the facility has not submitted the application for the operation permit to the competent authority;

c) Other cases as prescribed by law.

2. The facility shall be responsible for settling the rights and interests of the beneficiaries, employees, and other related parties when the establishment registration certificate is revoked.

Article 22. Dissolution

1. The establishment shall be dissolved in the following cases:

a) The establishment has its registration certificate revoked;

b) The establishment does not meet the conditions for operation as prescribed by law and there is a recommendation from the local Labor - Invalids and Social Affairs authority;

c) The organization or individual registering to establish the establishment submits a dissolution request;

d) Other cases as prescribed by law.

2. The dissolution application dossier includes:

a) A dissolution request letter from the organization or individual registering to establish the establishment, clearly stating the reasons for dissolution according to Model No. 04b attached to this Decree;

b) An asset and financial declaration and a disposal plan;

c) A list of affected parties and a resolution plan when the establishment dissolves;

d) Other related documents (if any);

đ) A dissolution recommendation from the competent authority (if any).

3. Procedure and formalities for dissolution:

a) For the cases stipulated in points a, b and d Clause 1 Article 22 of this Decree, the local Labor - Invalids and Social Affairs authority shall cooperate with the establishment to submit a dissolution request letter to the competent authority deciding on dissolution along with the dissolution application dossier as prescribed in Clause 2 Article 22 of this Decree. For the case stipulated in point c Clause 1 Article 22 of this Decree, the organization or individual shall submit one set of the dissolution application dossier as prescribed in Clause 2 Article 22 of this Decree to the competent authority deciding on dissolution.

b) Within 15 working days from the date of receiving all documents, the competent authority must issue a dissolution decision. If the competent authority disagrees with the dissolution of the establishment, it must provide a written response and specify the reasons. A social assistance establishment may not dissolve itself automatically until it receives a dissolution decision from the competent authority.

Chapter IV

ACTIVITIES OF PUBLIC AND NON-PUBLIC SOCIAL ASSISTANCE ESTABLISHMENTS

Section 1. CONDITIONS REGARDING INFRASTRUCTURE AND STAFF

Article 23. Environment and Location

The establishment must be located at a place convenient for access to transportation, schools, hospitals, clean air beneficial to the health of the beneficiaries; it must have electricity and clean water for daily living.

Article 24. Infrastructure

The establishment must ensure the minimum infrastructure conditions as follows:

1. Natural land area: On average 30 m² per beneficiary in rural areas, 10 m² per beneficiary in urban areas. For establishments caring for and restoring functions for people with mental illness, the natural land area must ensure a minimum of 80 m² per beneficiary in urban areas, 100 m² per beneficiary in rural areas, and 120 m² per beneficiary in mountainous areas.²/beneficiaries in rural areas, 10 m²/beneficiaries in urban areas. For facilities providing care and functional recovery for persons with mental disabilities, the minimum natural land area must ensure 80 m²/beneficiaries in urban areas, 100 m²/beneficiaries in rural areas, 120 m²/beneficiaries in mountainous regions.

2. Minimum living room area for beneficiaries: 6 m² per beneficiary. For beneficiaries who need 24-hour care, the minimum living room area is 8 m² per beneficiary. Living rooms must be equipped with necessary items to serve the daily life of beneficiaries.²/beneficiary. For beneficiaries who require 24/24 hours care per day, the minimum average living space per person is 8 m²/beneficiary. Living spaces must be equipped with necessary items to serve daily life activities of the beneficiaries.

3. The establishment must have residential areas, kitchen areas, staff work areas, recreational areas, water supply and drainage systems, electricity, internal roads; production and therapeutic labor areas (if conditions permit).

4. All facilities and equipment must ensure that elderly people, persons with disabilities, and children can access and use them conveniently.

Article 25. Social Assistance Staff

1. Social assistance staff must meet the following standards:

a) Have good health to provide social assistance to beneficiaries;

b) Have full civil capacity;

c) Have good moral character, not involved in social evils, and not subject to criminal responsibility or previously convicted but not yet rehabilitated;

d) Have skills to assist beneficiaries.

2. There must be a sufficient number of qualified social assistance staff to perform the tasks of the establishment.

Section 2. ACTIVITIES

Article 26. Conditions for Issuing an Operating Permit

An entity shall be granted an operating permit if it meets all of the following conditions:

1. A public social assistance facility established in accordance with Section 1 of Chapter III of this Decree; a non-public social assistance facility that has been issued a registration certificate in accordance with Section 2 of Chapter III of this Decree; or a social assistance facility legally established in accordance with laws on organization, operation, and management of associations or laws on enterprises.

2. The head of the entity must have full civil capacity; possess good moral character, not be involved in social vices, and not be an object of criminal prosecution or have been convicted but not yet pardoned.

3. Have direct counseling and care staff for beneficiaries.

4. In cases where the entity provides care and maintenance for beneficiaries, in addition to the conditions stipulated in Clause 1, Clause 2, and Clause 3 of Article 26 of this Decree, it must also ensure material and human resources conditions as specified in Section 1 of Chapter IV of this Decree.

Article 27. Operating Permit

1. The operating permit according to Model No. 08 attached to this Decree:

b) Full name, permanent residence address, nationality, citizen identification card number or identity card number or passport number or other lawful personal identification of the founders;

b) Name and surname of the head of the entity;

d) Tasks of the establishment (Specifically stating one or more tasks as prescribed in Article 7 of this Decree);

d) Scope of operation and tasks of the entity granted permission to operate.

2. When changing the name, address of the headquarters, head of the entity, type of entity, tasks, and scope of operation, the entity must submit procedures to adjust the operating permit. In cases of changing organizational form, division, merger, or consolidation, procedures must be submitted to reissue the operating permit.

3. When the operating permit is lost or damaged, the entity must request a new permit.

Article 28. Authority to Issue, Suspend, and Revoke Operating Permits

1. The Department of Labor, Invalids, and Social Affairs shall issue operating permits for the following cases:

a) Entities under ministries, ministerial-level agencies, government agencies; central agencies of political-social organizations and central agencies of social-professional organizations with their headquarters located in localities;

b) Entities established or issued registration certificates by provincial-level agencies or organizations.

2. The Labor, Invalids, and Social Affairs Office shall issue operating permits for entities headquartered in localities established by individuals or organizations that do not fall under the cases stipulated in Clause 1 of Article 28 of this Decree.

3. The authority issuing the operating permit is the authority responsible for reissuing, adjusting, temporarily suspending, or revoking the operating permit.

Article 29. Documents for Applying for an Operating Permit

1. The application documents for an operating permit include:

a) The application form for an operating permit of the entity according to Model No. 09 attached to this Decree;

b) A certified copy of the registration certificate for establishing the entity or the decision to establish the entity in accordance with the law.

2. The documents for adjusting or reissuing an operating permit include:

a) The document requesting adjustment or reissuance of the permit;

b) The operating permit;

c) Documents proving changes in the name, address of the headquarters, head of the entity, type of entity, tasks, and scope of operation.

Article 30. Procedures for Issuing Operating Licenses

1. The procedures for issuing, reissuing, and adjusting operating licenses for cases specified in Clause 1, Article 28 of this Decree shall be carried out as follows:

a) The entity submits one set of documents as prescribed in Article 29 of this Decree to the Department of Labor, Invalids, and Social Affairs for examination of conditions for issuing an operating license within ten working days.

b) Within five working days from the date of the examination results, the Department of Labor, Invalids, and Social Affairs shall issue, reissue, or adjust the operating license. In case of disagreement, they must provide a written response with clear reasons.

2. The procedures for issuing, reissuing, and adjusting operating licenses for cases specified in Clause 2, Article 28 of this Decree shall be carried out as follows:

a) The entity submits one set of documents as prescribed in Article 29 of this Decree to the Labor, Invalids, and Social Affairs Office.

b) Within fifteen working days from the date of receiving complete documents as prescribed, the Labor, Invalids, and Social Affairs Office shall issue, reissue, or adjust the operating license. If there is disagreement, they must provide a written response with clear reasons.

3. Within thirty working days from the date the entity receives the operating license, the director of the entity shall be responsible for promulgating and publicly posting the Rules of Operation and Financial Regulations at the entity.

Article 31. Announcing the Activities of Social Assistance EntitiesPublic and Non-Public Social Assistance Entities

1. Within thirty working days from the date the competent authority issues the operating license, the entity must announce its activities continuously on three consecutive issues of newspapers where the entity's headquarters is located, covering the following main contents:

a) The name of the entity in Vietnamese and foreign languages (if applicable);

b) The address of the headquarters, telephone number, email, or website (if applicable);

c) The target group served by the entity;

d) The type of entity;

đ) The tasks of the entity;

e) The operational area;

g) Bank account number, bank name, and address where the entity has opened the account;

h) Full name, identification card number, citizen identity card number, or passport number of the legal representative;

i) Number, code, date, month, year, and the authority that issued the establishment decision or registration certificate.

2. In case of changes to the establishment decision or registration certificate or operating license, the entity must announce the details of these changes within the time limit and according to the method prescribed in Clause 1 of this Article.

Article 32. Suspension and Revocation of Operating Licenses

1. During the course of operation, if the entity fails to meet any of the conditions stipulated in Article 26 of this Decree, it will be temporarily suspended from operations for a maximum period of six months to improve the operational conditions.

2. The operating license will be revoked in the following cases:

a) The operating license was issued to the entity beyond the authority or contrary to the provisions of the law;

b) After twelve months from the date of issuance of the operating license, the entity does not operate;

c) The entity changes its purpose of operation without complying with the provisions of the law;

d) After the suspension period expires, the entity still fails to meet the required conditions;

đ) The entity seriously violates the activities recorded in the operating license.

3. The entity must ensure the rights of beneficiaries when the entity is temporarily suspended or the operating license is revoked.

Article 33. Responsibilities for Suspension and Revocation of Operating Licenses

1. When discovering that the entity no longer meets the stipulated conditions, depending on the nature and severity, the competent authority specified in Article 28 of this Decree may issue a decision to temporarily suspend part or all of the activities as prescribed in the issued operating license.

2. Upon discovering any of the cases specified in Clause 2 of Article 32 of this Decree, the competent authority specified in Article 28 of this Decree shall decide to revoke the issued operating license.

Section 3. SOCIAL ASSISTANCE STANDARDS

Article 34. Social Assistance Process

The entity implements the social assistance process for beneficiaries through the following steps: Receiving information and requests from beneficiaries; organizing screening and categorizing beneficiaries; assessing psychological and physical health and needs of beneficiaries; developing and implementing assistance plans; analyzing and evaluating the progress of beneficiaries; planning to terminate assistance and supporting integration into the community for beneficiaries.

Article 35. Standards for Environment, Premises, and Housing

1. The entity ensures a convenient location, green and clean environment, and premises and housing that meet special requirements suitable for entities in rural, mountainous areas, and urban areas.

2. The facilities of the entity must meet construction standards appropriate to the characteristics of the beneficiaries.

Article 36. Health, Sanitation, Clothing, and Nutrition Standards

The facility ensures minimum standards for health, sanitation, clothing, and nutrition to care for individuals, suitable for special needs groups such as newborns, children with disabilities, HIV-infected children, sick or malnourished children, elderly persons, and those on dietary restrictions due to illness, religion, or belief.

Article 37. Education and Vocational Training Standards

The facility ensures that individuals have access to cultural education and vocational training appropriate to their abilities, needs, and in accordance with the law.

Article 38. Cultural, Sports, Physical Exercise, and Entertainment Standards

The facility ensures that individuals under its care have access to cultural activities, sports, physical exercise, and entertainment consistent with traditions, beliefs, and religions within the framework of Vietnamese law, suitable for their age and characteristics.

Article 39. Violations

1. Exploiting the establishment of a facility to commit the following acts:

a) Violating the legitimate rights and interests of individuals, organizations, and communities;

b) Violating social morals, customs, traditions, and national cultural identity;

c) Committing other acts in violation of the law.

2. Counterfeiting, altering, transferring, leasing, lending, pledging, mortgaging certificates of registration for establishment or operation permits in any form.

3. Beating, confining, or tying up individuals.

4. Denying individuals food, drink, or sleep.

5. Forcing individuals to wear unusual or unsuitable clothing.

6. Ceasing medical care for individuals.

7. Using one individual to discipline another; threatening, insulting, or verbally abusing individuals with impolite or vulgar language.

8. Forcing individuals to perform tasks beyond their capacity.

9. Compelling individuals to follow or not follow religious practices.

Chapter V

PROCEDURES AND MANAGEMENT FILES FOR INDIVIDUALS

Article 40. Authority and Files for Admission to the Facilityin social assistance

1. Authority for admission to social assistance facilities: The head of the social assistance facility decides on the admission of individuals to the social assistance facility.

2. Files for admission to the facility for individuals eligible for social assistance under particularly difficult circumstances as stipulated in Clause 1, Article 25 of Decree No. 136/2013/ND-CP, include:

a) Application of the individual or guardian according to Model No. 10 attached to this Decree;

b) Copy of birth certificate for children, in cases where abandoned children must register their birth according to the law on household registration;

c) Confirmation from the competent health authority in cases of HIV infection;

d) Minutes of the Review Board according to Model No. 11 attached to this Decree and the proposal of the People's Committee of the commune;

đ) Other relevant documents (if any);

e) Proposal of the Chairman of the People's Committee of the district sent to the management agency of the facility (if admitted to a provincial facility);

g) Decision on admission by the head of the facility.

3. Files for admission to the facility for individuals requiring urgent protection as stipulated in Clause 2, Article 25 of Decree No. 136/2013/ND-CP, including:

a) Application of the individual or guardian;

b) Copy of identification card or other personal documents of the individual (if available);

c) Minutes in cases of emergency posing a threat to the life of the individual;

d) Proposal of the Chairman of the People's Committee of the commune where the individual resides or where urgent protection is required;

đ) Proposal of the Chairman of the People's Committee of the district sent to the management agency of the facility (if admitted to a provincial facility);

e) Decision on admission by the head of the facility.

4. Files for admission to the facility for voluntary individuals, including:

a) Social assistance service provision contract according to Model No. 12 attached to this Decree;

b) Copy of identification card or citizen identification card or passport or other lawful personal identification of the individual.

Article 41. Procedures for Admission to Social Assistance Facilities

1. The procedures for admission to facilities for social assistance beneficiaries with particularly difficult circumstances as stipulated in Clause 1, Article 25 of Decree No. 136/2013/NĐ-CP shall be implemented as follows:

a) The beneficiary or their guardian shall submit the documents specified in Points a, b, and c of Clause 2, Article 40 of this Decree to the Chairman of the People's Committee at the commune level.

b) Within fifteen working days from the date of receipt of the beneficiary's dossier, the Commune-level Review Board shall be responsible for reviewing and publicly posting the review results at the People's Committee office for seven working days, except for information about HIV of the beneficiary.

c) Within seven working days from the date of receipt of the beneficiary's dossier and the proposal of the Chairman of the People's Committee at the commune level, the Labor, Invalids, and Social Affairs Office shall examine and submit to the Chairman of the People's Committee at the district level for decision.

d) Within three working days from the date of receipt of the examination report of the Labor, Invalids, and Social Affairs Office, the Chairman of the People's Committee at the district level shall decide on admitting the beneficiary to the facility under its jurisdiction or issue a document requesting the head of the receiving facility to admit the beneficiary.

đ) Within seven working days from the date of receipt of the beneficiary's dossier and the proposal of the Chairman of the People's Committee at the district level, the head of the facility shall decide on admitting the beneficiary to the facility under its jurisdiction.

e) In case the beneficiary is not admitted to the facility, the head of the facility must immediately respond in writing and specify the reasons.

2. The procedures for admission to facilities for emergency protection beneficiaries as stipulated in Clause 2, Article 25 of Decree No. 136/2013/NĐ-CP shall be implemented as follows:

a) The facility shall be responsible for immediately admitting emergency protection beneficiaries for care, support, and completing necessary procedures according to the following steps:

Step 1. Prepare a reception record signed by the individual or representative of the agency or unit that discovered the beneficiary (if applicable), the local authority (or police), and the representative of the facility. For beneficiaries who are victims of domestic violence, sexual abuse, trafficking, or forced labor, the reception record shall also be signed by the beneficiary (if possible).

Step 2. Assess the extent of injury, recovery potential, and assistance needs of the beneficiary to develop an assistance plan.

Step 3. Ensure immediate safety and treatment of physical or mental injuries of the beneficiary; for abandoned children, notify the media within twenty-five working days.

Step 4. Decide on providing assistance to the beneficiary at the social assistance facility or return the beneficiary to their family or community.

Step 5. Complete all required procedures and dossiers for the beneficiary as prescribed; in cases of abandoned children, the facility shall complete birth registration procedures in accordance with the law on household registration.

b) Immediately admit emergency protection beneficiaries to the facility. All procedures and dossiers must be completed within ten working days from the date of admission. If it exceeds ten working days, it must be decided by a higher management authority.

3. The procedures for voluntary admission shall be implemented as follows:

The voluntary beneficiary shall sign a social assistance service provision contract with the head of the facility and submit a copy of their identity card, citizen identification card, passport, or other valid personal identification.

Article 42. Establishing Management Files for Subjects at Facilities

The facility must establish and manage individual files for each subject. The file of the subject includes:

1. The intake file into the facility as prescribed in Article 40 of this Decree.

2. Social assistance plans and related documents.

3. Decisions to terminate social assistance or to terminate social assistance service contracts.

4. Related documents concerning the subject.

Article 43. Authority, Conditions, and Procedures for Terminating Social Assistance

1. Authority to terminate social assistance: The head of the social assistance facility decides to terminate social assistance for the subject.

2. Conditions for terminating social assistance

a) Completion of management according to the decision of the facility head;

b) A request from the guardian, family, or person/caregiver responsible for care and support;

c) The subject being adopted in accordance with adoption laws;

d) The subject reaching 18 years of age. In cases where individuals aged 18 or older are still attending general education levels, vocational training, specialized secondary schools, colleges, or universities, they continue to be cared for and supported at the facility until graduation but not exceeding 22 years of age;

đ) The facility is unable to provide appropriate social assistance services to the subject;

e) The subject has not been in contact for one month;

g) The subject requests termination of social assistance activities;

h) The subject dies or goes missing as stipulated by law;

i) Termination of the social assistance service contract;

k) Other cases as prescribed by law.

3. Procedures for terminating social assistance

a) The subject using the service or the guardian, relatives, or person/caregiver responsible for care and support or foster parents as specified in points b, c, d, g of Clause 2 of this Article submit a request according to Model No. 13 attached to this Decree to the facility head to terminate social assistance (if applicable);

b) Within seven working days from receiving the request, the facility head decides to terminate social assistance;

c) Prepare a handover record for the subject to return to their family/community with confirmation from the People's Committee of the commune or terminate the social assistance service contract.

Chapter VI

SOCIAL ASSISTANCE FACILITIES WITH LESS THAN 10 SUBJECTS IN DIFFICULT CIRCUMSTANCES

Article 44. Conditions for Registering Social Assistance Activities

Social assistance facilities with less than 10 subjects in difficult circumstances shall be granted a registration certificate for social assistance activities if they meet the following conditions:

1. The head and staff of the facility must have full civil capacity; possess good moral character, not involved in social vices; not be under criminal prosecution or have been convicted without having had their criminal record expunged;

2. Have social assistance staff for the subjects;

3. Meet basic conditions regarding housing, kitchen, electricity, and water for daily living needs of the subjects.

Article 45. Authority to Register Social Assistance Activities social assistance

The Chairman of the People's Committee of the commune has the authority to issue a registration certificate for social assistance activities for facilities located within their jurisdiction.

Article 46. Documents for Registering Social Assistance Activities

1. Application for registration of social assistance activities according to Model No. 14 attached to this Decree.

2. Criminal history records of the facility head and staff.

3. Copies of identity cards, citizen identification cards, passports, or other valid personal identification documents of the facility head and staff.

Article 47. Procedures for Registration of Social Assistance Activities

1. The head of the facility shall submit one set of registration dossier for social assistance activities as prescribed in Article 46 of this Decree to the People's Committee of the commune where the facility is located.

2. The People's Committee of the commune shall be responsible for examining and issuing the certificate of registration for social assistance activities according to Model No. 15 attached to this Decree to the facility within ten working days from the date of receipt of the dossier. In case of refusal to issue the certificate of registration for social assistance activities, it must notify in writing and specify the reasons.

Article 48. Revocation of Certificate of Registration for Social Assistance Activities

1. The certificate of registration for social assistance activities shall be revoked in the following cases:

a) The certificate of registration for social assistance activities was issued in violation of the provisions of the law;

b) The facility seriously violates the activities recorded in the certificate of registration for social assistance activities;

c) Other cases as prescribed by law.

2. When discovering any of the cases stipulated in Clause 1 of Article 48 of this Decree, the labor, war invalids and social affairs officer at the commune level shall be responsible for submitting to the People's Committee of the commune to decide on revoking the certificate of registration for social assistance activities of the facility.

3. The People's Committee of the commune has the authority to decide on revoking the certificate of registration for social assistance activities.

Chapter VII

AUTHORITY AND RESPONSIBILITY FOR STATE MANAGEMENT

Article 49. Responsibilities of Ministries and Sectors, sector

1. The Ministry of Labor, War Invalids and Social Affairs shall be responsible for assisting the Government in implementing unified state management over social assistance facilities nationwide and shall have the responsibility to:

a) Guide the organizational structure and staffing norms at social assistance facilities; standards for occupational titles and volunteers working at social assistance facilities; procedures, standards for social assistance provided by the facilities, and other regulations stipulated in this Decree.

b) Plan, develop networks, and build model social assistance facilities;

c) Apply information technology in managing social assistance facilities;

d) Train, enhance the capacity of staff and volunteers at social assistance facilities;

đ) Inspect and audit the operations of social assistance facilities;

e) Summarize and report to the Prime Minister on the activities of social assistance facilities.

2. The Ministry of Home Affairs shall be responsible for guiding the establishment, restructuring, and dissolution of public service units.

3. The Ministry of Health shall be responsible for guiding medical care, orthopedic-rehabilitation services for persons with disabilities, mental health patients, children in special circumstances, and other groups in social assistance facilities.

4. The Ministry of Education and Training shall be responsible for guiding the exemption of tuition fees and other contributions; directing and guiding the organization of inclusive classes for students who are subjects in social assistance facilities.

5. The Ministry of Finance shall be responsible for allocating operating funds for social assistance facilities in accordance with the State Budget Law and other regulatory legal documents.

6. The Ministry of Planning and Investment shall be responsible for leading the review of investment capital sources and the ability to balance investment capital for social assistance facility projects using central government budget funds, national treasury bonds, government bonds, ODA funds, and preferential loans from foreign donors; leading the balancing and allocation of development investment capital according to medium-term and annual plans to implement reviewed projects after completing investment procedures in accordance with the Public Investment Law.

7. Ministries, ministerial-level agencies, and government agencies shall be responsible for organizing the implementation of this Decree according to their assigned functions and tasks, managing state-owned facilities within their jurisdiction, and reporting to the Ministry of Labor, War Invalids and Social Affairs on the operation status of these facilities before December 15 each year.

Article 50. Responsibilities of People's Committees at all levelspeople's committees at all levels

People's Committees at all levels shall manage state administrative affairs concerning social assistance facilities within their jurisdiction and shall be responsible for:

1. Allocating operating funds for public social assistance facilities in accordance with the State Budget Law and other guiding legal documents.

2. Allocating funds for the maintenance of social welfare beneficiaries admitted to both public and non-public social assistance facilities as prescribed by law.

3. Reviewing, organizing, and improving social assistance facilities within their jurisdiction to ensure compliance with operational standards and conditions as stipulated in this Decree.

4. Directing competent agencies to issue licenses to public and non-public social assistance facilities that meet the required conditions.

5. Within one year, if a facility fails to meet the operational standards and conditions as prescribed, procedures for merger or dissolution of the facility shall be implemented.

Article 51. Responsibilities of Social Assistance Facilities

1. Organizing, arranging, and improving organizational structures, staffing, and ensuring material and equipment conditions in accordance with this Decree.

2. Proposing improvement plans for the facility to the directly managing superior agency.

3. Implementing periodic reporting every six months (before June 15) and annually (before December 15), as well as ad hoc reports to the Labor, Invalids, and Social Affairs Department at the same level regarding the operation of social assistance facilities.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 52. EffectivenessImplementation

1. This Decree takes effect from November 1, 2017.

2. The Government Decree No. 68/2008/NĐ-CP dated May 30, 2008 on conditions, procedures for establishment, organization, operation, and dissolution of social welfare facilities; Clause 1 of Government Decree No. 81/2012/NĐ-CP dated October 8, 2012 amending and supplementing certain provisions of Government Decree No. 68/2008/NĐ-CP dated May 30, 2008 on conditions, procedures for establishment, organization, operation, and dissolution of social welfare facilities; Government Decree No. 109/2002/NĐ-CP dated December 27, 2002 amending and supplementing certain provisions of Government Decision No. 195/CP dated December 31, 1994 detailing and guiding implementation of certain provisions of the Labor Code on working hours and rest periods; Clauses 28, 30, and 31 of Government Decree No. 136/2013/NĐ-CP dated October 21, 2013 on policies for social assistance for social welfare beneficiaries; Chapter V of Government Decree No. 28/2012/NĐ-CP dated April 10, 2012 detailing and guiding implementation of certain provisions of the Law on Persons with Disabilities; and Chapter II of Government Decree No. 06/2011/NĐ-CP dated January 14, 2011 detailing and guiding implementation of certain provisions of the Law on Elderly Persons shall cease to be effective from the date this Decree takes effect.

Article 53. Implementation Responsibility

The Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial and municipal people's committees directly under the central government shall be responsible for enforcing this Decree./.