Tiếng Việt| THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
| No: 25/2001/ND-CP | Hanoi, May 31, 2001 |
ISSUING THE REGULATION ON THE SETTING UP AND OPERATION OF SOCIAL CHARITY ESTABLISHMENTS
THE GOVERNMENT
Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to Article 4 of the Governments Decree No.07/2000/ND-CP of March 9, 2000 stipulating social relief policies;
At the proposal of the Minister of Labor, War Invalids and Social Affairs,
DECREES:
The ministers of: Labor, War Invalids and Social Affairs; Justice; Finance; Public Security; Health; Education and Training, and the chairman of Vietnam Committee for Child Protection and Care shall, within the ambit of their respective functions and tasks and under the provisions of law, have to guide the implementation of this Decree.
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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai
ON THE SETTING UP AND OPERATION OF SOCIAL CHARITY ESTABLISHMENTS
(Issued together with the Governments Decree No.25/2001/ND-CP of May 31, 2001)
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2. Social charity establishments having 10 (ten) people and more shall be governed by this Regulation.
3. Organizations and individuals that fully satisfy the conditions prescribed in Decree No.07/2000/ND-CP of March 9, 2000 on social relief policies and in this Regulation shall all be entitled to set up social charity establishments.
Article 2.- Subjects to be admitted to social charity establishments include:
1. People meeting with exceptional difficulties, being unable to earn their living and being one of the following:
a/ Orphans who lose their nurturing sources and have no relatives to rely on;
b/ Lonely old people who have no income sources, no one to support;
c/ Disabled persons who have no income sources, no one to support.
2. Persons who suffer from chronic mental illness and may commit acts dangerous to the society.
3. Persons who have no conditions to live in their families and voluntarily contribute funding or whose relatives and/or sponsors contribute funding for them to live in social charity establishments.
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1. Admitting, managing, fostering and educating subjects mentioned in Article 2 of this Decree.
2. Organizing functional rehabilitation and production activities; supporting the subjects in self-management, cultural, sport and other activities suitable to each subjects age and health conditions.
3. Coordinating with agencies and units in providing education, job-training, vocational guidance education, with a view to helping the subjects healthily develop their physical conditions and intellect as well as personality, integrate and reintegrate into the community.
Article 4.- Funding for the operations of social charity establishments includes:
1. Self-procured sources of the social charity establishments owners;
2. Support sources from State bodies, organizations and individuals inside and outside the country;
3. Contributions of families, relatives or sponsors of the social charity beneficiaries;
4. Revenue sources from production and/or service provision activities;
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2. To prohibit all acts of taking the advantage of social charity establishments to conduct illegal and self-seeking activities.
SETTING UP AND DISSOLUTION OF SOCIAL CHARITY ESTABLISHMENTS
1. The application for setting up a social charity establishment;
2. The project on setting up the social charity establishment: its name, guidelines and objectives, operation term and location; the number of social charity beneficiaries to be admitted, the contingent of managerial and service personnel; the financial sources to ensure operations of the establishment as prescribed in Article 4 of this Regulation; the appellation and address of the head office of the sponsoring organization(s) and/or individual(s) (if any).
3. The lawful papers on the right to own or use land and houses as well as other facilities in service of operations of the social charity establishment.
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5. The curriculum vitae of the head (director) of the social charity establishment with certification of the Peoples Committee of the commune/ward where such person resides.
6. The written approval of the setting up of the social charity establishment, issued by the commune-level Peoples Committee of the locality where the establishments head office is to be located.
1. All the documents prescribed in Clauses 1, 2, 3, 4 and 6, Article 6 of this Regulation.
2. The evaluation document and written request of the concerned provincial-level organization, mass organization or religious organization, for social charity establishments of organizations, mass organizations and religious organizations which fall under the deciding competence of the provincial-level Peoples Committees.
1. The district Labor, War Invalids and Social Affairs Sections shall evaluate dossiers for setting up social charity establishments operating in the districts under their management.
2. The provincial Labor, War Invalids and Social Affairs Services shall evaluate dossiers for setting up social charity establishments operating in the provinces under their management.
3. The Ministry of Labor, War Invalids and Social Affairs shall evaluate ministries and branches dossiers for setting up social charity establishments under the management of such ministries or branches.
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a/ Issuing receipts to the dossier submitters.
b/ Within 30 days after receiving the full dossiers as prescribed, completing the evaluation of such dossiers and submitting them to the competent authority for issuing the setting-up decision or reaching agreement with the latter so that the managing agencies may set up social charity establishments according to the provisions in Article 8.
c/ Where individuals or organizations fail to satisfy the conditions for setting up social charity establishments, the authority competent to decide the setting up of such establishments shall have to notify them thereof in writing, clearly stating the reasons therefor.
1. The Minister of Labor, War Invalids and Social Affairs shall issue decisions thereon for social charity establishments under the Ministry.
2. After reaching agreement with the Ministry of Labor, War Invalids and Social Affairs, the ministers, the heads of the ministerial-level agencies or the heads of the agencies attached to the Government shall issue decisions thereon for social charity establishments under the management of ministries or branches.
3. The presidents of the Peoples Committees of provinces or centrally-run cities shall issue decisions for social charity establishments operating in the provinces and provincial cities.
4. The presidents of the Peoples Committees of cities, rural districts, urban districts and towns of the provinces shall issue decisions thereon for mass organizations and individuals social charity establishments using non-budget funding sources, which operate on the district scale.
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2. The responsibilities of the social charity establishments personnel.
3. The responsibilities and interests of the subjects being fostered in social charity establishments.
4. The principles for management of property and finance of social charity establishments.
5. The administrative regulations and relevant matters, suited to the characteristics of each type of social charity establishments.
Article 13.- Dissolution of social charity establishments
1. A dossier of application for dissolution of a social charity establishment consists of:
a/ The application for dissolution of the social charity establishment, clearly stating the reasons for the dissolution ahead of time;
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c/ The list of social beneficiaries being managed by the establishment and the plan to deal with them when the establishment dissolves.
2. Within 30 days after receiving the dissolution dossier, the competent body shall have to reply the establishment in writing. Pending the reception of a dissolution decision, the social charity establishment must not dissolve at its own free will.
3. In cases where the competent body issues decision to dissolve a social charity establishment due to the latters law violation or inefficient operation, such social charity establishment shall have to execute the dissolution plan according to the competent bodys decision within 90 days.
4. Upon the expiry of the social charity establishments operation term, its director may ask the competent body for the extension thereof according to the procedures stipulated by the Ministry of Labor, War Invalids and Social Affairs.
OPERATIONS OF SOCIAL CHARITY ESTABLISHMENTS
Section 1. MANAGEMENT OF FOSTERED SUBJECTS
Article 14.- Admission of social beneficiaries:
1. Social charity establishments of the State and organizations defined in Article 1 shall admit subjects by decisions of the agencies directly managing them. In urgent cases where the lives of the subjects defined in Article 2 of this Regulation are threatened, the social charity establishments may admit them without decisions but must, within 7 days, report such to their managing agencies so that the latter issue the admitting decisions.
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1. Filing applications, made by themselves or their relatives, for admission into the social charity establishments, with certification and proposal of the commune-level Peoples Committees of the localities where such people register their permanent residence.
2. Having medical history dossiers and examination conclusions of the competent medical agencies, for disabled people and chronic mental patients.
The admission dossiers shall be made according to the forms set by the Ministry of Labor, War Invalids and Social Affairs. In emergency cases, a written certification is required.
1. The application for admission into the social charity establishment, the subjects curriculum vitae, medical history dossier (if any) and admitting decision.
2. For abandoned children, their ages (estimated) and identification characteristics at the time of admission must be inscribed and their photos as well as other papers (if any) are required. Within 30 days after receiving decisions to admit abandoned children, the establishments shall have to carry out the birth-registration procedures for such children so as to ensure the latters legitimate interests according to current regulations.
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2. They are disabled people who have been rehabilitated or mental patients, who have recovered (according to examination and evaluation documents).
3. Their families or lawful guarantors wish to nurture them.
Section 2. PERSONNEL MANAGEMENT
2. Wages and social insurance for social charity establishments personnel shall comply with the provisions of current laws.
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STATE MANAGEMENT OVER SOCIAL CHARITY ESTABLISHMENTS
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2. Setting up, dissolving social charity establishments and terminating their operations.
Elaborating plans, programs and/or projects on operations of social charity establishments; organizing the preliminary review and final review of the implementation of policies towards the social charity establishments.
3. Examining, inspecting the law observance by social charity establishments; handling violations, settling complaints and denunciations about violations of policies and regimes related to operations of social charity establishments.
4. Providing professional guidance and support for the training of managerial and professional personnel for social charity establishments; supplying information on the State�s policies and regimes for social charity establishments.
5. Organizing and guiding international cooperation on social charity, ensuring the efficiency, right purposes and right subjects.
2. The ministries, ministerial-level agencies and agencies attached to the Government shall, within their respective functions and tasks, have to coordinate with the Ministry of Labor, War Invalids and Social Affairs in exercising the State management over the operations of social charity establishments.
3. The Peoples Committees of all levels shall exercise the State management over social charity establishments in their respective localities.
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- 1 Decree No. 68/2008/ND-CP of May 30, 2008, prescribing conditions and procedures for the setting up. organization, operation and dissolution of social relief establishments.
- 2 Decree No. 68/2008/ND-CP of May 30, 2008, prescribing conditions and procedures for the setting up. organization, operation and dissolution of social relief establishments.