Decree No. 68/2008/ND-CP stipulates conditions, procedures for establishment, organization, operation, and dissolution of social welfare facilities.

DECREE

Regulations on conditions, procedures for establishment, organization, operation, and dissolution of social assistance facilities

GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Protection, Care, and Education of Children dated June 15, 2004;

Based on the Ordinance on Persons with Disabilities dated July 30, 1998;

Based on the Ordinance on the Elderly dated April 28, 2000;

Considering the proposal of the Minister of Labor, Invalids, and Social Affairs,

DECREE:

Chapter I

GENERAL PROVISIONS

Article 1. This Decree stipulates the conditions, procedures for establishing, organizing, operating, and dissolving social assistance facilities providing care and maintenance for ten or more beneficiaries.

Article 2. Social assistance facilities include public social assistance facilities and non-public social assistance facilities.

1. Public social assistance facilities are managed by state agencies, which invest in physical infrastructure and ensure funding for the regular expenses of social assistance facilities.

2. Non-public social assistance facilities are established by organizations and individuals within and outside Vietnam, which invest in physical infrastructure and ensure funding for the regular expenses of social assistance facilities.

Article 3. The State encourages political and social organizations, political and social-professional organizations, social organizations, social-professional organizations, religious organizations, domestic organizations and individuals, foreign organizations and individuals, and overseas Vietnamese to establish social assistance facilities to provide care for beneficiaries of social assistance on Vietnamese territory; to establish and participate in the Association of Social Assistance Facility Directors to exchange experiences in caring for, maintaining, rehabilitating, and integrating beneficiaries into society.

Article 4. Tasks of social assistance facilities

1. Accepting, managing, caring for, and maintaining beneficiaries as specified in Article 5 of this Decree.

2. Organizing activities for functional recovery, production labor; assisting beneficiaries in self-management activities, cultural, sports activities, and other appropriate activities based on their age and health.

3. Taking the lead and coordinating with units and organizations to teach culture, vocational training, and career guidance to help beneficiaries develop comprehensively in terms of physical, intellectual, and personality aspects.

4. Taking the lead and coordinating with local authorities to reintegrate beneficiaries who meet the criteria or voluntarily request to leave the social assistance facility back into their families and communities; supporting and creating favorable conditions for beneficiaries to stabilize their lives.

5. Providing social work services to individuals and families with social issues in the community where the facility is located (if conditions permit).

Article 5. Beneficiaries accepted into social assistance facilities, including:

1. Social assistance beneficiaries as defined in Article 5 of Government Decree No. 67/2007/NĐ-CP dated April 13, 2007, concerning policies to assist social assistance beneficiaries.

2. Social groups requiring urgent protection: abandoned children; victims of domestic violence; victims of sexual abuse; victims of trafficking; victims of forced labor.

3. Individuals not included in the categories of social assistance beneficiaries mentioned in Clause 1 and Clause 2 of this Article but without living conditions at home and with a need to live in social assistance facilities, willing to contribute funds or have relatives or sponsors contribute funds (hereinafter referred to collectively as voluntary beneficiaries).

4. Other social groups determined by the Chairman of the People's Committee of provinces and centrally-administered cities.

Article 6. Cases for discontinuing care at social welfare facilities:

1. Children who have been adopted or taken in for care in accordance with the law;

2. Individuals aged 18 years or older;

3. Disabled individuals who have recovered, mentally ill individuals whose conditions have stabilized;

4. Subjects voluntarily when the contract ceases to be effective;

5. Subjects who die or go missing in accordance with the law.

Article 7. Operating funds of social welfare facilities

1. For public social welfare facilities:

a) State budget funds;

b) Contributions from voluntary subjects;

c) Revenue from production and service activities of the social welfare facility and other sources as prescribed by law;

d) Assistance from organizations and individuals both domestically and internationally.

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

a) Self-owned resources of the social welfare facility owner;

b) Assistance from domestic and foreign organizations and individuals;

c) Contributions from voluntary subjects;

d) Other income as prescribed by law;

đ) Support from the state budget for the care of subjects accepted by competent state management agencies.

Article 8. Financial and asset management

1. Social welfare facilities shall manage finances and assets in accordance with the provisions of the law.

2. The use and management of the funding sources specified in Article 7 of this Decree must be conducted openly, democratically, and in compliance with the law.

3. Social welfare facilities are responsible for reporting financial activity results periodically and annually in accordance with the law to the financial authority at the same level and the direct management agency.

Article 9. Reporting System

1. Periodically every six months (before June 15) and annually (before December 15), social welfare facilities are responsible for reporting to the Department of Labor, Invalids, and Social Affairs of the province or centrally-administered city where the social welfare facility is located.

2. Before December 31 each year, ministries, sectors, localities, and organizations are responsible for reporting to the Ministry of Labor, Invalids, and Social Affairs on the operation status of social welfare facilities under their management.

Chapter II

CONDITIONS REGARDING ENVIRONMENT, INFRASTRUCTURE, STAFF AND CARE STANDARDS FOR SUBJECTS

AND STANDARDS FOR CARE OF OBJECTS

Article 10. Environment and location

Social welfare facilities must be located in areas convenient for transportation access, schools, hospitals, fresh air beneficial to the health of subjects; clean water and electricity must be available for daily living.

Article 11. Infrastructure

Social welfare facilities must ensure the following minimum infrastructure conditions:

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/for subjects in urban areas.

2. Average room area for subjects 6 m²/subject. For subjects requiring 24/7 care, the average room area is 8 m²/beneficiary. Living spaces must be equipped with necessary items to serve daily life activities of the beneficiaries.

3. For social welfare facilities caring for 25 or more subjects, there must be 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).

For social welfare facilities caring for 10 to less than 25 subjects, basic conditions regarding housing, kitchen, staff work areas, electricity, and water for daily living must be ensured.

4. All structures and equipment must facilitate access and use by disabled individuals, elderly persons, and children.

Article 12. Care and Maintenance

The subjects guaranteed a living standard according to Decree No. 67/2007/NĐ-CP dated April 13, 2007 of the Government on assistance policies for social welfare beneficiaries shall be provided with healthcare; education (for those with learning capacity); vocational training (for children aged 13 years and older and those with labor capacity and a need for vocational training); information provision; entertainment; and community interaction and reintegration into family and society.

Article 13. Staffing Standards

1. Direct care staff for beneficiaries:

a) Children:

- Children under 18 months old: 1 caregiver for 1 child.

- Children from 18 months to under 6 years old:

+ Normal children: 1 caregiver for 5 to 6 children;

+ Disabled, mentally ill, or HIV-infected children: 1 caregiver for 3 to 4 children.

- Children from 6 to under 16 years old:

+ Normal children: 1 caregiver for 8 to 10 children;

+ Disabled, mentally ill, or HIV-infected children: 1 caregiver for 4 to 5 children.

b) Disabled persons:

- Self-sufficient disabled persons: 1 caregiver for 8 to 10 beneficiaries;

- Non-self-sufficient disabled persons: 1 caregiver for 3 to 4 beneficiaries.

c) Elderly persons:

- Self-sufficient elderly persons: 1 caregiver for 8 to 10 beneficiaries;

- Non-self-sufficient elderly persons: 1 caregiver for 3 to 4 beneficiaries.

d) Mentally ill persons:

- Severely mentally ill persons (agitated, end-stage deterioration): 1 caregiver for 2 beneficiaries;

- Mentally ill persons who have improved: 1 caregiver for 3 to 4 beneficiaries;

- Mentally ill persons who have recovered: 1 caregiver for 8 to 10 beneficiaries.

e) Homeless persons: 1 manager for 10 to 12 persons (this staffing level applies during periods of receiving homeless individuals for classification and return to their place of origin).

2. Staff for nutrition services including food supply and cooking: 1 staff member for 20 beneficiaries.

3. Staff for rehabilitation functions, cultural education, and vocational training:

a) 1 technical instructor for 5 beneficiaries for social welfare institutions tasked with rehabilitation functions.

b) 1 teacher for 9 beneficiaries for institutions tasked with organizing cultural education and vocational training.

4. Indirect staff: Maximum not exceeding 20% of the total number of staff at the social welfare institution.

Article 14. Organizational Structure and Staff

The competent state agency managing public social welfare institutions and the Director of private social welfare institutions shall decide on the organizational structure and number of staff to ensure the fulfillment of tasks.

Article 15. Professional Standards

The Minister of Labor, Invalids, and Social Affairs shall issue professional standards for the ranks of civil servants at social welfare institutions.

Chapter III

DOCUMENTATION AND PROCEDURES FOR ESTABLISHING AND DISSOLVING PUBLIC SOCIAL WELFARE INSTITUTIONS

AND DISSOLUTION OF PUBLIC SOCIAL ASSISTANCE ESTABLISHMENTS

Article 16. Documentation and Procedures for Establishment

The application shall clearly state:

a) Application for establishment.

The application shall clearly state:

- The main contents of the proposal;

- Issues with differing opinions.

b) Proposal for establishment (Model No. 2 attached as Appendix)

The proposal shall include:

b) Project for establishment.

- Plan for establishment and operational plan of the social welfare facility;

- Recipients;

- Plan for establishment and operational plan of the social welfare institution;

- Basic information about the proposed director;

- Organizational structure; personnel, staffing;

- Expected outcomes;

- Recommendations from the proposing agency or unit.

c) Operation regulation of the social welfare facility (Model No. 3 attached as Appendix)

Draft regulation shall include basic contents:

c) Operational regulations of the social welfare institution.

Contents of the regulations include:

- Responsibilities of the Director and specialized departments;

- Property and financial management mechanisms;

- Administrative regulations and other relevant issues suitable to the characteristics of the type of social welfare facility.

2. Procedures for establishment: The proposing agency or unit shall submit a set of documents to the competent authority for establishment through the appraisal body specified in Article 17 of this Decree.”

2. Article 17 is amended and supplemented as follows:

2. Procedure: The unit builds the project and submits the documentation through the authority specified in Article 17 of this Decree for approval.

Article 17. Appraisal authority and responsibility for appraising the application file:

b) For social welfare facilities under the authority to decide on establishment of the Provincial People's Committee, the appraisal body is the Department of Home Affairs;

a) For social welfare facilities under the authority to decide on establishment by the Minister or Head of a ministerial-level agency, the appraisal authority is the Department of Organization and Cadres or the Board of Organization and Cadres.

b) For social welfare facilities under the authority to decide on establishment by the People's Committee of a province, the appraisal authority is the Department of Labor, Invalids and Social Affairs.

c) For social welfare facilities under the authority to decide on establishment by the People's Committee of a district, town, city, or provincial-level city, the appraisal authority is the Civil Service and Labor-Invalids and Social Affairs Office or the Labor-Invalids and Social Affairs Office.

b) In case the appraisal body determines that the documents for establishment of the social welfare facility do not meet the required conditions, they must reply in writing, stating the reasons why the establishment does not meet the required conditions within 15 working days from the date of receiving complete and valid documents."

a) The appraisal authority mentioned in Article 18 of this Decree shall be responsible for receiving and issuing a receipt to the party submitting the application file; within fifteen working days from the date of receiving a complete and valid application file, it must conduct the appraisal and submit it to the competent authority with the power to decide on establishing the social welfare facility.

b) In cases where the conditions for establishing a social welfare facility are not met, the competent authority to establish must respond in writing, clearly stating the reasons why the conditions for establishing the social welfare facility are not met.

Article 18. Content of Appraisal

1. The necessity, legal basis, and conditions for establishing a social welfare facility; factors ensuring the operation and feasibility of the project; impact and effectiveness of the social welfare facility.

2. Each item of the appraisal must have a clear conclusion, ensuring objectivity and truthfulness.

Article 19. Authority to Establish

The authority to permit the establishment and operation of social welfare facilities is stipulated as follows:

1. The Ministers of Ministries and Heads of ministerial-level agencies decide on social welfare facilities under their management.

2. The Chairman of the People's Committee of a province or centrally-administered city decides or delegates the decision-making authority to establish social welfare facilities operating within the province or city and public social welfare facilities operating within the district level.

3. The Chairman of the People's Committee of a district, town, city, or provincial-level city decides on the establishment of non-public social welfare facilities operating within the district level.

4. Within twenty working days from the date of receiving the appraisal document, the person authorized to establish the social welfare facility as stipulated in Clauses 1, 2, and 3 of this Article must issue a decision to establish the social welfare facility.

Article 20. Dissolution.

1. Social welfare facilities that fail to meet the conditions prescribed in Articles 10, 11, 12, and 13 of Chapter II of this Decree.

2. The person authorized to dissolve a social welfare facility is the person who issued the decision to establish the social welfare facility.

3. The dissolution application file for a social welfare facility includes:

a) A dissolution application letter for the social welfare facility clearly stating the reasons for dissolution.

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

"Article 21. Changing the name of the facility, location, director, or operation regulation

4. Within twenty days from the date of receiving the dissolution application file, the person authorized to dissolve must issue a dissolution decision for the social welfare facility. The social welfare facility may not dissolve itself automatically before receiving the dissolution decision from the authorized person.

5. In cases where the dissolution decision for a social welfare facility is made due to violations of laws or poor performance, the social welfare facility must implement the dissolution plan within ninety days.

Article 21. Changing the Name, Headquarters, Director, or Operating Regulations

Social welfare institutions that need to change their name, headquarters, director, or operating regulations must submit a written request to the direct management agency and the entity that made the establishment decision. Within twenty days from receiving the written request, the entity making the establishment decision must respond in writing to the institution's request; if no response is received within this period, the social welfare institution may proceed with the changes.

Article 22. Establishing Management Files for Recipients

Social welfare institutions must establish and manage individual files for each recipient; the recipient's file includes:

1. The application of the recipient or their family; relatives; guardians, with the recommendation of the Village Chief and the People's Committee of the commune, ward, town where the recipient resides;

2. A brief resume of the recipient, confirmed by the People's Committee of the commune;

3. Birth certificate for children (in cases where children are abandoned, registration procedures must be followed according to Article 16 of Decree No. 158/2005/NĐ-CP dated December 27, 2005 of the Government on household registration and management);

4. A confirmation document from a competent health authority regarding the disability status of disabled persons (if applicable), mentally ill persons, and persons infected with HIV/AIDS;

5. Minutes in urgent cases posing a threat to the recipient's life;

6. Minutes of the Commune Review Board or a written recommendation from the Chairman of the Commune People's Committee (if applicable);

7. A written recommendation from the Chairman of the District People's Committee sent to the management agency of the social welfare institution (if entering a provincial social welfare institution);

8. The decision to accept by the head of the management agency or a contract;

9. The decision to return the recipient to their family, community, or terminate assistance and provide funeral expenses (in case of the recipient's death) or minutes of contract termination;

10. Relevant documents concerning the recipient during their stay at the social welfare institution.

Article 23. Procedures for Accepting Recipients

1. The recipient (or relative) must submit an application to enter a social welfare institution along with a brief resume confirmed and recommended by the People's Committee of the commune where the recipient is registered as a permanent resident; if it is a chronic mental patient, medical records and a diagnosis report from a county, district, municipal town, or city-level healthcare facility must also be attached.

2. In urgent cases, there must be a confirmation record from the social welfare institution.

3. If the recipient voluntarily enters, there must be an agreement contract between the Director of the social welfare institution and the recipient or their representative.

Article 24. Authority to Accept and Remove Recipients from Social Welfare Institutions

1. The head of the management agency of the social welfare institution makes the decision to accept recipients as specified in Clause 1, 2, and 4 of Article 5 of this Decree.

2. The Director of the social welfare institution makes the decision to accept recipients as specified in Clause 3 of Article 5 of this Decree.

3. The Director of the social welfare institution decides to remove recipients from the social welfare institution as specified in Clauses 1, 2, 3, and 4 of Article 5 of this Decree.

Chapter IV

DOCUMENTATION AND PROCEDURES FOR ESTABLISHING AND DISSOLVING PUBLIC SOCIAL WELFARE INSTITUTIONS

AND DISSOLUTION OF NON-GOVERNMENTAL SOCIAL WELFARE INSTITUTIONS

Article 25. The establishment dossier includes:

1. Application for establishing a social welfare institution.

2. Project for establishing a social welfare institution (as stipulated in Clause 1 of Article 16 of this Decree).

3. Legal documents regarding land use rights, ownership of housing, or assets attached to land serving the operation of the social welfare institution.

4. Draft operating regulations (as stipulated in Clause 1 of Article 16 of this Decree).

5. Brief resume of the Director of the social welfare institution, confirmed by the People's Committee of the commune where they reside or the organization establishing the social welfare institution.

6. Written opinion of the People's Committee of the commune indicating whether they agree or disagree with the location of the social welfare institution's headquarters.

7. Evaluation document and recommendation of the provincial organization, association, or religious body if it is a social welfare institution under the jurisdiction of the provincial People's Committee.

Article 26. Procedures for establishment, dissolution, changing name, headquarters, director, and operating regulations shall be carried out in accordance with Articles 17, 19, 20, and 21 of this Decree.

Article 27. Competence to accept subjects for maintenance:

1. The Director of social assistance facilities shall issue a decision to accept subjects or enter into contracts with subjects (or their representatives) who voluntarily contribute funds.

2. For subjects receiving maintenance allowances from the state budget, the acceptance authority shall be as prescribed in Clause 1, Article 24 of this Decree.

3. The Director of social assistance facilities decides to remove subjects from social assistance facilities.

Article 28. Procedures for reviewing the acceptance of subjects shall be carried out in accordance with Articles 22 and 23 of this Decree.

Article 29. The Director of social assistance facilities decides on organizational structure; enters into contracts, hires, arranges staff and working hours to ensure the care and maintenance of subjects in accordance with the law.

Chapter V

RESPONSIBILITIES OF MINISTRIES, SECTORS, AND LOCAL AUTHORITIES

Article 30. Responsibilities of Ministries and Sectors

1. The Ministry of Labor, Invalids, and Social Affairs is responsible for assisting the Government in exercising unified state management over social assistance facilities nationwide and has the responsibility to:

a) Develop and promulgate professional standards for staff in social assistance facilities.

b) Guide and organize training in professional skills and care techniques for subjects and management of social assistance facilities.

c) Guide and support the activities of the Association of Directors of Social Assistance Facilities.

d) Inspect, audit, and resolve complaints regarding the operations of social assistance facilities.

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

2. The Ministry of Health is responsible for guiding medical care, orthopedic-rehabilitation services for disabled and mentally ill subjects in social assistance facilities.

3. The Ministry of Education and Training is responsible for guiding the waiver of tuition fees and other contributions; directing and guiding the organization of integrated classes for students who are subjects in social assistance facilities.

4. The Ministry of Finance is responsible for allocating operating funds for public social assistance facilities in accordance with the State Budget Law and related guidance documents.

5. Ministries, agencies at the ministerial level, and government agencies within their functions and tasks have the responsibility to coordinate with the Ministry of Labor, Invalids, and Social Affairs in managing the operations of social assistance facilities.

Article 31. Responsibilities of People's Committees at all levels

People's Committees at all levels shall implement state management over social assistance facilities under their jurisdiction and have the responsibility to:

1. Allocate operating funds for public social assistance facilities.

2. Support maintenance funds for subjects accepted by competent state management authorities and create conditions for non-public social assistance facilities according to current administrative divisions.

Chapter VI

ARTICLE TRANSITION PROVISIONS

Article 32. Effectiveness

1. This Decree takes effect fifteen days after its publication in the Official Gazette.

2. Abolish Decree No. 25/2001/NĐ-CP dated May 31, 2001 of the Government on the establishment and operation of social assistance facilities and previous regulations that conflict with this Decree.

3. Social assistance facilities established and operating before the effective date of this Decree shall adjust to meet the conditions stipulated in Chapter II of this Decree within thirty-six months; social assistance facilities established after the effective date of this Decree must comply with the provisions of this Decree.

Article 33. Responsibility for Implementation

The Ministry of Labor, Invalids, and Social Affairs shall coordinate with relevant ministries and sectors to guide the implementation of this Decree.

Ministers, heads of agencies at the ministerial level, heads of government agencies, and Chairmen of Provincial and Municipal People's Committees directly under the Central Government shall be responsible for implementing this Decree within their respective duties and powers.