Decree No. 25/2001/NĐ-CP Issuing the Regulation on the establishment and operation of social welfare facilities

DECREE OF THE GOVERNMENT

Issuing the Regulation on the Establishment and Operation of Social Welfare Facilities

 

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to Article 4 of Decree No. 07/2000/NĐ-CP dated March 9, 2000 of the Government on social assistance policies;

Decree No. 07/2021/NĐ-CP

 

DECREE:

Article 1. Now hereby promulgates this Decree the "Regulation on the Establishment and Operation of Social Welfare Facilities".

Article 2. This Decree shall take effect fifteen days after the date of signature. All previous regulations that conflict with this Decree are hereby abolished.

The Ministers of Labor, Invalids and Social Affairs, Justice, Finance, Public Security, Health, Education and Training, and the Chairman of the Vietnam Committee for the Protection and Care of Children shall within their respective functions and duties and in accordance with the law be responsible for guiding the implementation of this Decree.

Article 3. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree.

 

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)

 

PART I

GENERAL PROVISIONS

Article 1.

1. Social facilities operating within the territory of Vietnam established by state agencies, political-social organizations, occupational associations (collectively referred to as organizations), and individuals with humanitarian purposes, not for profit, receiving subjects who are particularly difficult circumstances, unable to support themselves, without conditions to live at home, collectively referred to as social welfare facilities.

2. Social welfare facilities with ten (10) people or more fall under the scope of this Regulation.

Organizations and individuals meeting the conditions stipulated in Decree No. 07/2000/NĐ-CP dated March 9, 2000 on social assistance policies and in this Regulation have the right to establish social welfare facilities.

Article 2. The subjects received for care at social welfare facilities include:

1. People in particularly difficult circumstances, unable to support themselves, and falling into one of the following categories:

a) Orphaned children deprived of sources of support, without relatives to rely on;

b) Elderly people living alone, without income, without a place to rely on;

c) Disabled persons without income, without a place to rely on.

2. Chronic mentally ill persons whose behavior poses a danger to society.

3. Persons who do not have conditions to live at home, voluntarily contributing funds, or having family members or sponsors contribute funds to live in social welfare facilities.

4. Other Objects Determined by Competent State Authorities.

Article 3. Social welfare facilities are social welfare units, having legal personality and the following responsibilities:

1. Receiving, managing, nurturing, and educating the subjects listed in Article 2 of this Decision.

2. Organizing activities to restore functions, production labor; assisting the subjects being cared for in self-management, cultural, sports, and other appropriate activities according to age and health.

3. Cooperating with relevant agencies and units to teach culture, vocational training, and career education to help social subjects develop physically, intellectually, and morally, integrate and reintegrate into society.

Article 4. Funding to ensure the operation of social welfare facilities includes:

1. Self-owned resources of the social welfare facility owner;

2. Assistance from state agencies, organizations, and individuals both domestically and internationally;

3. Contributions from families, relatives, or sponsors of social subjects;

4. Income from production and service activities;

5. Other mobilized resources.

Article 5.

The reception of social subjects into social welfare facilities must comply with the correct person, principles, and authority as prescribed in this Regulation.

All acts of exploiting social welfare facilities for illegal activities and personal gain are strictly prohibited.

 

PART II

ESTABLISHMENT AND DISSOLUTION OF SOCIAL WELFARE FACILITIES

Article 6. The establishment dossier of individual social welfare facilities according to a unified model prescribed by the Ministry of Labor, Invalids and Social Affairs includes:

1. Application for establishment of a social welfare facility.

2. Proposal for establishing a social welfare facility: name, purpose, duration, and operational area; number of expected social subjects to be received, management staff, service staff; financial resources ensuring the facility's operations as stipulated in Article 4 of this Regulation; name and address of the sponsoring organization or individual (if applicable).

3. Legal documents regarding ownership or usage rights to land and buildings, and other equipment serving the facility's activities.

4. Draft regulation (detailed internal rules) for the operation of the social welfare facility.

5. Curriculum vitae of the head (Director) of the social welfare facility, certified by the People's Committee of the commune or ward where they reside.

6. Written agreement by the People's Committee of the commune where the social welfare facility is located agreeing to its establishment.

, Clause 1, Clause 2 Article 7a of this Regulation.The establishment dossier of social welfare facilities by organizations and associations includes:

1. Documents as specified in Clauses 1, 2, 3, 4, and 6 of Article 6 of this Regulation.

2. For social welfare facilities under the jurisdiction of provincial People's Committees, there must be an assessment report and proposal from the provincial-level organization, association, or religious body.

Article 8. The review of establishment dossiers for social welfare facilities is conducted as follows:

1. The Department of Labor, Invalids and Social Affairs of the district (city) reviews establishment dossiers for social welfare facilities operating within the district and managed by the Department.

2. The Department of Labor, Invalids and Social Affairs of the province reviews establishment dossiers for social welfare facilities operating within the province and managed by the Department.

3. The Ministry of Labor, Invalids and Social Affairs reviews establishment dossiers prepared by ministries and sectors for permission to establish social welfare facilities under their management.

4. The agency receiving and reviewing establishment dossiers for social welfare facilities must implement the following provisions:

a) Issue a receipt to the party submitting the dossier.

b) Within thirty days from the date of receiving all required documents, complete the review of the dossier and submit it to the competent authority for a decision on establishment or agree with the supervising agency to establish the social welfare facility in accordance with Article 8.

c) In cases where individuals or organizations do not meet the conditions for establishing a social welfare facility, the competent authority for establishment must respond in writing, specifying the reasons for not meeting the conditions for establishing a social welfare facility.

Article 9. Authority to permit establishment, dissolution, or cessation of operations of social welfare facilities is as follows:

1. The Minister of Labor, Invalids and Social Affairs issues decisions for social welfare facilities under the Ministry.

2. After reaching an agreement with the Ministry of Labor - Invalids and Social Affairs, the Ministers of Ministries, Heads of agencies equivalent to Ministries, and Heads of agencies under the Government shall issue decisions regarding social welfare facilities under their management.

3. The Chairpersons of People's Committees of provinces and centrally governed cities shall issue decisions regarding social welfare facilities operating within the provincial or city limits.

4. The Chairpersons of People's Committees of cities, counties, districts, and towns within provinces shall issue decisions regarding social welfare facilities of organizations, associations, individuals funded from sources outside the state budget operating within the county limits.

Article 10. The operation regulations of social welfare facilities as stipulated in Clause 4 of Article 6 of this Regulation must ensure the following contents:

1. Relationships in directing and managing social welfare facilities.

2. Responsibilities of staff members working at social welfare facilities.

3. Responsibilities and benefits of beneficiaries residing in social welfare facilities.

4. Principles for managing assets and finances of social welfare facilities.

5. Administrative provisions and other related issues appropriate to the characteristics of the type of social welfare facility.

Article 11. In cases where social welfare facilities need to change their name, headquarters, director, or amend their operational regulations, they must submit a written request to the directly managing authority and the authority issuing the establishment decision. Within thirty days from the date of receipt of the written request, the authority issuing the establishment decision must respond in writing to the request of the facility; if no response is received beyond the aforementioned period, the social welfare facility may implement the changes as proposed.

Article 12. A person may not simultaneously establish multiple social welfare facilities or serve as the director of two or more such facilities unless all facilities are sponsored by the same organization or individual.

Article 13. Dissolution of social welfare facilities:

1. The dissolution application dossier for social welfare facilities includes:

a) An application for dissolution of the social welfare facility, specifying the reasons for requesting dissolution before the due date.

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

c) A list of current beneficiaries managed and a plan for handling them upon dissolution of the facility.

2. Within thirty days from the date of receipt of the dissolution application dossier, the competent authority must respond in writing to the facility's request. Without receiving a dissolution decision, the social welfare facility may not dissolve itself automatically.

3. If the competent authority decides to dissolve a social welfare facility due to violations of laws or ineffective operations, the facility must implement the dissolution plan according to the decision of the competent authority within ninety days.

4. Upon expiration of the operating term, the Director of the social welfare facility may request an extension of the operating period from the competent authority according to procedures prescribed by the Ministry of Labor - Invalids and Social Affairs.

 

Chapter III

ACTIVITIES OF SOCIAL WELFARE FACILITIES

Section 1 - MANAGEMENT OF BENEFICIARIES

Article 14. Reception of beneficiaries:

1. State-owned social welfare facilities and those specified in Article 1 shall receive beneficiaries based on a decision of the directly managing authority. In urgent cases threatening the life of the beneficiary as stipulated in Article 2 of this Regulation, the facility may receive the beneficiary without prior decision and must report to the directly managing authority within seven days.

2. The Director of a social welfare facility established by an individual shall decide to receive beneficiaries in accordance with the approved establishment project.

Article 15. The directly managing authority of a social welfare facility shall issue a decision to receive beneficiaries in accordance with the capacity of the facility if the beneficiary meets the following conditions:

1. An application to enter the social welfare facility from the beneficiary or their relative, confirmed and recommended by the People's Committee of the commune where the beneficiary is registered as a permanent resident.

2. Medical records and conclusions of medical examinations by authorized health authorities for disabled persons and chronic mental patients.

The reception dossier shall be prepared according to a model prescribed by the Ministry of Labor - Invalids and Social Affairs. In urgent cases, there must be a confirmation record.

Article 16. Social welfare facilities must establish individual files for each beneficiary, including:

1. Application to enter the social welfare facility, brief resume, medical records (if available), and decision to receive the beneficiary.

2. For abandoned children, age (estimated), distinguishing features at the time of reception, photographs, and other relevant documents (if available). Within thirty days from the date of the decision to receive abandoned children, the facility must complete birth registration procedures to ensure the child's legal rights according to current regulations.

Article 17. The Director of a social welfare facility is responsible for managing and caring for beneficiaries in accordance with Article 3 of this Regulation.

Article 18. The Director of a social welfare facility shall decide to remove a beneficiary from the facility when the beneficiary meets one of the following conditions:

1. Children have reached adulthood or have been adopted or taken care of by a guardian as provided by law.

2. Disabled persons have recovered, and chronic mental patients have stabilized (as confirmed by a medical report).

3. Family or legal guardians have agreed to take care of them.

Article 19. Beneficiaries receiving care in social welfare facilities are responsible for complying with the regulations of the social welfare facility and the directives of the Director.

Article 20. In case of death of a beneficiary, the social welfare facility is responsible for organizing funeral arrangements in accordance with current regulations.

PART 2 - MANAGEMENT OF STAFF AND EMPLOYEES

Article 21. The organization and staff of social welfare institutions shall be implemented in accordance with the proposal presented in the application for establishment of the social welfare institution and may be adjusted according to Article 11 of this Regulation.

Article 22.

1. The director of the social welfare institution shall recruit, enter into labor contracts with employees, and conclude agreements with collaborators (if any), in accordance with the Labor Law and current laws.

2. Salaries and social insurance for staff and employees of social welfare institutions shall be implemented in accordance with current laws.

 

PART 3 - FINANCIAL AND ASSET MANAGEMENT

Article 23. Social welfare institutions shall manage their finances and assets in accordance with current laws.

Article 24. Social welfare institutions have the responsibility to report on financial activities regularly and annually as required by law to the corresponding financial authority and direct management agency.

Article 25. Expenditures from assistance funds or generated from the labor and production activities of social welfare institutions must be conducted openly and democratically, in compliance with the approved operational regulations..

 

PART 4 - REPORTING SYSTEM

Article 26. Social welfare institutions are responsible for submitting periodic reports before June 15th and December 15th each year, along with recommendations to the direct management agency for compiling reports to the Department of Labor, Invalids, and Social Affairs regarding various aspects of operations.

Article 27. Annually, before December 31st, the Department of Labor, Invalids, and Social Affairs has the responsibility to compile and aggregate the operational status of social welfare institutions within its jurisdiction and report to the Ministry of Labor, Invalids, and Social Affairs.

 

PART IV

STATE MANAGEMENT OF SOCIAL WELFARE INSTITUTIONS

Article 28. State management of social welfare institutions includes the following contents:

1. Issuing, amending, supplementing, and guiding the implementation of regulatory legal documents concerning the activities of social welfare institutions.

2. Establishing, dissolving, or suspending the operation of social welfare institutions.

Planning, programs, and projects related to the activities of social welfare institutions; organizing mid-term and final reviews of policy implementation for social welfare institutions.

3. Inspecting and auditing the implementation of laws by social welfare institutions; handling violations, resolving complaints and accusations related to policy and system violations concerning the activities of social welfare institutions.

4. Providing professional guidance, supporting training for managers and professionals at social welfare institutions, and providing information about state policies and systems for social welfare institutions.

5. Organizing and guiding international cooperation in social welfare, ensuring effectiveness, purposefulness, and target appropriateness.

Article 29.

1. The Ministry of Labor, Invalids, and Social Affairs is responsible before the Government for uniformly managing state administration of social welfare institutions nationwide.

2. Ministries, agencies equivalent to ministries, and agencies under the Government, within their respective functions and tasks, are responsible for coordinating with the Ministry of Labor, Invalids, and Social Affairs to manage state administration over the activities of social welfare institutions.

3. People's Committees at all levels shall manage state administration over social welfare institutions within their local jurisdictions.

 

CHAPTER V

REWARD AND VIOLATION HANDLING

Article 30. Organizations and individuals who achieve success in nurturing and managing social welfare beneficiaries shall be rewarded according to current regulations.

Article 31. Organizations and individuals violating the provisions of this Regulation, depending on the nature and degree of violation, shall be subject to disciplinary action, administrative penalties, or criminal prosecution. In cases causing damage, compensation must be provided according to the law.

 

Chapter VI

IMPLEMENTING PROVISIONS

Article 32. This Regulation shall be uniformly applied to all social welfare institutions throughout the country.

Article 33. The Ministry of Labor, Invalids, and Social Affairs shall coordinate with relevant agencies to guide the implementation of this Regulation. Ministers of Ministries, Heads of agencies equivalent to ministries, Heads of agencies under the Government, and Chairpersons of People's Committees at all levels, within their respective functions, tasks, and authorities, shall be responsible for guiding and supervising the implementation of this Regulation for subordinate social welfare institutions.

Article 34. Social welfare institutions established before the effective date of this Regulation must amend and supplement their operational regulations to align with the content of this Regulation./.