Decree No. 81/2012/ND-CP amends and supplements some articles of Decree No. 68/2008/ND-CP dated May 30, 2008 of the Government on conditions, procedures for establishment, organization, operation, and dissolution of social welfare facilities, and Decree No. 109/2002/ND-CP dated December 27, 2002 of the Government amending and supplementing some articles of Decree No. 195/CP dated December 31, 1994 on detailed regulations and guidance for implementation of certain provisions of the Labor Code regarding working hours and rest time.

DECREE

Amending and supplementing some articles of Decree No. 68/2008/NĐ-CP dated May 30, 2008 of the Government stipulating conditions, procedures for establishment, organization, operation, and dissolution of social welfare facilities and Decree No. 109/2002/NĐ-CP dated December 27, 2002 of the Government amending and supplementing some articles of Decree No. 195/CP dated December 31, 1994 stipulating detailed regulations and guidance on implementation of certain provisions of the Labor Code regarding working hours and rest time The Government promulgates this Decree to amend and supplement some articles of Decree No. 68/2008/NĐ-CP dated May 30, 2008 of the Government stipulating conditions, procedures for establishment, organization, operation, and dissolution of social welfare facilities and Decree No. 109/2002/NĐ-CP dated December 27, 2002 of the Government amending and supplementing some articles of Decree No. 195/CP dated December 31, 1994 of the Government stipulating detailed regulations and guidance on implementation of certain provisions of the Labor Code regarding working hours and rest time, Article 1. Amending and supplementing some articles of Decree No. 68/2008/NĐ-CP dated May 30, 2008 of the Government stipulating conditions, procedures for establishment, organization, operation, and dissolution of social welfare facilities (hereinafter referred to as Decree No. 68/2008/NĐ-CP)

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

Pursuant to the Law on Legislative Acts of 03 June 2008;

Decree No. 07/2021/NĐ-CP

Article 16. Documents and procedures for establishment

1. Documents for establishment include:

1. Article 16 shall be amended and supplemented as follows:

“a) Application for establishment (Model No. 1 attached as Appendix)

The application shall clearly state:

- The necessity of establishing a social welfare facility;

- The process of developing the proposal;

- The main contents of the proposal;

- Issues with differing opinions.

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

The proposal shall include:

- Objectives and tasks of the social welfare facility;

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

- Recipients;

- Organizational structure, personnel, number of staff according to job positions;

- Basic information about the proposed director;

- Workplace (location, design) and necessary equipment and means;

- Financial plan;

- 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:

- Responsibilities of the director and specialized departments;

- Responsibilities of staff;

- Rights and responsibilities of beneficiaries;

- 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:

"Article 17. Authority to appraise documents

1. Appraisal body

a) For social welfare facilities under the authority to decide on establishment of the Minister, Head of a ministry equivalent to a ministry, or Head of a government agency, the appraisal body is the Department of Organization and Cadres or the Cadre Organization Board;

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;

c) For social welfare facilities under the authority to decide on establishment of the District People's Committee, Urban District People's Committee, Town People's Committee, or City People's Committee under a province, the appraisal body is the Civil Service Office.

2. Responsibilities of appraisal

a) The appraisal bodies specified in Clause 1 of Article 17 of this Decree shall be responsible for receiving and issuing a receipt to the party submitting the documents; within 15 working days from the date of receiving complete and valid documents, they must conduct an appraisal and submit it to the competent authority for decision on establishment of the social welfare facility;

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."

3. Clause 4 of Article 19 is amended as follows:

"4. Within 15 working days from the date of receiving the written request from the appraisal body, the person authorized to decide on establishment of the social welfare facility as specified in Clauses 1, 2, and 3 of Article 19 of this Decree must issue a decision on establishment of the social welfare facility."

4. Clause 3 and Clause 4 of Article 20 are amended and supplemented as follows:

"3. Documents for requesting dissolution of the social welfare facility include:

a) Request for dissolution of the social welfare facility, specifying the reasons for dissolution (Model No. 4 attached as Appendix);

c) List of recipients and plans for handling when the facility dissolves.

4. Within 12 working days from the date of receiving a set of dissolution documents, the authorized person must issue a decision to dissolve the social welfare facility. The social welfare facility may not dissolve itself without receiving a dissolution decision from the authorized person."

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

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

1. When a social welfare facility changes its name, location, director, or operation regulation, it must submit a written request at least 7 working days in advance to the direct management agency and the decision-making authority.

5. Article 21 is amended and supplemented as follows:

2. Within 7 working days from the date of receiving the written request, the decision-making authority must respond in writing to the request of the facility; if no response is received within the stated period, the social welfare facility may implement the change."

6. Clause 2 of Article 22 is amended as follows:

"2. Summary record of the recipient."

7. Article 23 is amended and supplemented as follows:

"Article 23. Procedures for accepting recipients

1. Procedures for accepting social welfare recipients

a) The recipient (or their relatives) must submit an application to enter the social welfare facility along with a summary record of the recipient; if the recipient is a chronic mental patient, they must also attach one medical record and a conclusion from a health facility at the district, urban district, town, or city level;

b) In urgent cases, there must be a confirmation record from the social welfare facility;

c) If the recipient voluntarily agrees, there must be a mutual agreement contract between the director of the social welfare facility and the recipient or their representative."

b) In cases of emergency, there must be a record confirming this from the social welfare facility;

c) If the subject voluntarily agrees, there shall be a contract between the director of the social welfare facility and the subject or the representative of the subject.

2. Procedures for receiving subjects requiring urgent protection

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 receipt for acceptance with signatures of individuals or representatives of agencies or units that discover the subject (if any), local authorities (or police) at the commune level, and representatives of the facility. For subjects who are victims of domestic violence, sexual abuse, trafficking, and forced labor, the receipt for acceptance should have the signature of the subject (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 safety and treat physical or mental injuries of the individual promptly;

For abandoned children, announce on mass media within twenty-five working days.

Step 4. Decide to provide care for the subject at a social welfare facility or return the subject to their family or community.

Step 5. Complete all procedures and files of the subject in accordance with regulations. In the case of abandoned children, the facility shall complete birth registration procedures for the child in accordance with the law on household registration.

b) Immediately accept subjects requiring urgent protection into public facilities. All procedures and files must be completed within ten working days from the date of accepting the subject. If it exceeds ten working days, it must be reviewed and decided by a higher-level management agency.

b) When performing duties and discovering events with signs of crime or receiving reports and accusations of crime as stipulated in Articles 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, and 281 of Part I of Chapter XXI of the Penal Code 2015, the Head of the Provincial Public Security Agency's Road Traffic and Railway Traffic Police Division shall perform the duties and powers set out in Article 38 of the Law on the Organization of Investigative Agencies 2015 for these crimes;

Article 25. Documents for establishment

The documents for establishment include:

1. A request form for establishing a social welfare facility (Form No. 5 attached as an appendix);

2. An establishment plan for a social welfare facility as prescribed in Clause 1 of Article 16 of this Decree;

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

4. Operating regulations as prescribed in Clause 1 of Article 16 of this Decree;

5. A brief resume of the person proposed to be the director of the social welfare facility, confirmed by the People's Committee of the commune where they reside or the organization establishing the social welfare facility;

6. Written opinions of the People's Committee of the commune, clearly stating whether they agree or disagree with the location of the social welfare facility;

7. Evaluation documents and recommendations of provincial organizations, associations, or religious bodies if the social welfare facility is established by such organizations, associations, or religious bodies under the authority of the People's Committee of the province.

9. Article 26 is amended as follows:

"Article 26. Procedures for establishment, evaluation, dissolution, and changes in name, headquarters, director, and implementation regulations shall be carried out in accordance with the provisions of Articles 16, 17, 19, 20, and 21 of this Decree."

10. Clause 3 of Article 32 is amended and supplemented as follows:

"3. Social welfare facilities established and operating before the effective date of this Decree shall compare with the provisions of Chapter II of this Decree and reorganize by December 31, 2013; social welfare facilities established after the effective date of this Decree must comply with the provisions of this Decree."

Article 2. Point b Clause 3 Article 5 of Decree No. 195/CP dated December 31, 1994 of the Government is amended and supplemented as follows: December 31, 1994 of the Government is amended and supplemented as follows: Clause 2 Article 1 of Decree No. 109/2002/NĐ-CP dated December 27, 2002 of the Government amending and supplementing certain articles of Decree No. 195/CP dated December 31, 1994 of the Government on detailed regulations and guidance for implementing certain provisions of the Labor Code on working hours and rest time (hereinafter referred to as Decree No. 109/2002/NĐ-CP) is amended and supplemented as follows: February 27, 2002 of the Government amending and supplementing certain articles of Decree No. 195/CP dated December 31, 1994 of the Government on detailed regulations and guidance for implementing certain provisions of the Labor Code on working hours and rest time (hereinafter referred to as Decree No. 109/2002/NĐ-CP) is amended and supplemented as follows:

"b) Enterprises and other production and business establishments having conditions similar to those enterprises and establishments specified in Point a of this Clause, if organizing overtime work from more than 200 hours to 300 hours in a year, must notify in writing within seven working days before implementation to the competent state management agency on labor affairs at the locality where the enterprise or establishment conducts its production and business activities."

Article 3. Effectiveness

1. This Decree takes effect from December 1, 2012.

2. Repeal Articles 16, 17, Clause 4 Article 19, Clauses 3 and 4 Article 20, Article 21, Clause 2 Article 22, Article 23, Article 25, Article 26, Clause 3 Article 32 of Decree No. 68/2008/NĐ-CP and Point b Clause 3 Article 5 of Decree No. 195/CP dated December 31, 1994 of the Government amended and supplemented by Clause 2 Article 1 of Decree No. 109/2002/NĐ-CP which has been amended and supplemented by this Decree.

Article 4. Organization of Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.

ANNEX

(Annexed to Decree No. 81/2012/NĐ-CP dated October 8, 2012 of the Government amending and supplementing certain articles of Decree No. 68/2008/NĐ-CP dated May 30, 2008 and Decree No. 109/2002/NĐ-CP dated February 27, 2002 of the Government amending and supplementing certain articles of Decree No. 195/CP dated December 31, 1994 of the Government)

Model No. 1

SOME BASIC CONTENTS OF THE PROPOSAL FOR ESTABLISHING A SOCIAL WELFARE FACILITY

Regarding the request for consideration of the Hai Thuong Lan Ong Award for Traditional Medicine Work

Regarding ...

Respectfully submitted to: ...

I. The necessity of establishing a social welfare facility

…………………………………………………………………………………………………

…………………………………………………………………………………………………

II. The process of developing the establishment plan

…………………………………………………………………………………………………

…………………………………………………………………………………………………

III. Basic contents of the establishment plan

…………………………………………………………………………………………………

…………………………………………………………………………………………………

IV. Issues with differing opinions

…………………………………………………………………………………………………

…………………………………………………………………………………………………

Form No. 2

SOME BASIC CONTENTS OF THE ESTABLISHMENT PLAN FOR A SOCIAL WELFARE FACILITY

ESTABLISHMENT PLAN

(name of the proposed social welfare facility)...

1. Facility name, address, area of operation: ...

2. The necessity of establishment: ...

3. Objectives and tasks of the proposed social welfare facility: ...

4. Type of organization to be established: ...

5. Establishment plan and operational schedule of the proposed facility: ...

6. Target group: ...

7. Organizational structure, personnel; number of staff by position: ...

8. Basic information about the proposed director: ...

9. Workplace (location, design, office space area; living space area for the target group; kitchen area, sanitary facilities, recreational areas, play areas, work areas, therapy areas...) and equipment, means of service;

10. Financial plan ...

11. Expected outcomes ...

12. Recommendations of the unit, organization/person building the establishment plan (name of the proposed social welfare facility) ...

Model No. 3

SOME BASIC CONTENTS OF THE OPERATIONAL REGULATIONS OF A SOCIAL WELFARE FACILITY

REGULATIONS ON THE OPERATIONS OF SOCIAL WELFARE FACILITIES

(name of the proposed social welfare facility)

……………………………………………………

I. RESPONSIBILITIES OF THE DIRECTOR AND SPECIALIZED DEPARTMENTS

………………………………………………………………………………………………

………………………………………………………………………………………………

II. RESPONSIBILITIES OF STAFF AND EMPLOYEES

………………………………………………………………………………………………

………………………………………………………………………………………………

III. RIGHTS AND OBLIGATIONS OF THE CARE RECIPIENTS

………………………………………………………………………………………………

………………………………………………………………………………………………

IV. MANAGEMENT MECHANISMS FOR ASSETS AND FINANCES

………………………………………………………………………………………………

………………………………………………………………………………………………

V. ADMINISTRATIVE PROVISIONS AND OTHER ISSUES RELATED TO THE CHARACTERISTICS OF THE TYPE OF SOCIAL WELFARE FACILITY

………………………………………………………………………………………………

………………………………………………………………………………………………

Model No. 4

APPLICATION FOR DISSOLUTION OF NON-GOVERNMENTAL SOCIAL WELFARE FACILITY

APPLICATION FOR DISSOLUTION(name of the facility to be dissolved)

………………………………….

Respectfully submitted to: ...

BASED ON THE GOVERNMENT DECREE NO. 68/2008/ND-CP dated May 30, 2008, stipulating conditions, procedures for establishment, operation, and dissolution of social welfare facilities;

BASED ON THE GOVERNMENT DECREE NO. ... dated ..., amending and supplementing certain articles of Government Decree No. 68/2008/ND-CP dated May 30, 2008, and Government Decree No. 109/2002/ND-CP dated February 27, 2002, amending and supplementing certain articles of Government Decree No. 195/CP dated December 31, 1994;

(Name of the proposed social welfare facility)……………………………………………

We include:

1. ………………………………………………………………………………………………

2. ………………………………………………………………………………………………

3. ………………………………………………………………………………………………

4. ………………………………………………………………………………………………

We hereby submit this application along with a set of documents for the dissolution of the social welfare facility (name of the social welfare facility to be dissolved) operating within the scope of ... for the following reasons: ...

……………………………………………………………………………………………………………..

We commit to complying with all legal regulations.

Model No. 5

APPLICATION FOR ESTABLISHMENT OF A NON-GOVERNMENTAL SOCIAL WELFARE FACILITY

APPLICATION FOR ESTABLISHMENT

(name of the proposed social welfare facility) ...

Respectfully submitted to: ...

BASED ON THE GOVERNMENT DECREE NO. 68/2008/ND-CP dated May 30, 2008, stipulating conditions, procedures for establishment, operation, and dissolution of social welfare facilities;

BASED ON THE GOVERNMENT DECREE NO. ... dated ..., amending and supplementing certain articles of Government Decree No. 68/2008/ND-CP dated May 30, 2008, and Government Decree No. 109/2002/ND-CP dated February 27, 2002, amending and supplementing certain articles of Government Decree No. 195/CP dated December 31, 1994;

After drafting the proposal for establishment:

(Name of the proposed social welfare facility)…………………………………………

We include:

1. ……………………………………………………………………………………………

2. ……………………………………………………………………………………………

3. ……………………………………………………………………………………………

4. ……………………………………………………………………………………………

We hereby submit this application to ...
accompanied by a set of documents for the establishment of a social welfare facility operating within the scope of ...

When (name of the proposed social welfare facility) ... is established and begins operations, it will contribute to stabilizing the lives of social welfare recipients and stabilizing the socio-economic development of the locality.

We commit to complying with all legal regulations.