Decree No. 68/2008/ND-CP dated May 30, 2008 of the Government prescribing conditions and procedures for the setting up. organization, operation and dissolution of social relief establishments

DECREE

PRESCRIBING CONDITIONS AND PROCEDURES FOR THE SETTING UP. ORGANIZATION, OPERATION AND DISSOLUTION OF SOCIAL RELIEF ESTABLISHMENTS

THE GOVERNMENT

Pursuant to the December 25. 2001 Law on Organization of the Government;
Pursuant to the June 15. 2004 Law on Child Protection. Care and Education:
Pursuant to the July 30, 1998 Ordinance on the Disabled;
Pursuant to the April 28, 2000 Ordinance on the Elderly;
At the proposed of the Minister of Labor, War Invalids and Social Affairs,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- This Decree prescribes the conditions and procedures for the setting up. organization, operation and dissolution of social relief establishments which care for and nurture ten or more beneficiaries.

Article 2.- Social relief establishments include public and non-public social relief establishments.

1. State agencies shall manage public social relief establishments, invest in the construction of their material foundations and supply funds for their regular expenditures.

2. Domestic and foreign organizations and individuals shall invest in the construction of material foundations and supply funds for regular expenditures of non-public social relief establishments.

Article 3.- The State encourages socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations: religious organizations: domestic organizations and individuals: foreign organizations and individuals: and overseas Vietnamese to set up social relief establishments for taking care of social relief beneficiaries in the Vietnamese territory; set up and participate in the Association of Directors of Social Relief Establishments in order to exchange experience in the care, nurture, orthopedics-functional rehabilitation, and community integration for social relief beneficiaries.

Article 4.-Tasks of social relief establishments

1. To admit, manage, care for and nurture beneficiaries defined in Article 5 of this Decree.

2. To organize functional rehabilitation and productive labor: to assist beneficiaries in self-management, cultural, sport and other activities suitable to the age and health of each group of beneficiaries.

3. To assume the prime responsibility for, and coordinate with units and organizations in. providing general education, job training and vocational education to beneficiaries for their comprehensive development in physical strength intellect and personality. To assume the prime responsibility for. and coordinate with local administrations in. helping beneficiaries who are eligible or voluntarily apply to leave social relief establishments and return to their families and re-integrate into the community; to support and create conditions for beneficiaries to stabilize their life.

4. To provide social services to individuals or families that meet with social problems in the community where the establishments are headquartered (if conditions permit).

Article 5.- People eligible to be admitted to social relief establishments include:

1. Social relief beneficiaries defined in Article 5 of the Government's Decree No. 67/2007/ND-CP of April 13, 2007. on policies to support social relief beneficiaries.

2. Social beneficiaries who need urgent protection, including abandoned children: domestic violence victims: sexually abused victims: trafficked victims: and victims of forced labor.

3. People other than social relief beneficiaries defined in Clause 1 or 2 of this Article, who have no conditions to live with their families and wish to live in social relief establishments and voluntarily contribute funds by themselves or their relatives or sponsors (below collectively referred to as voluntary beneficiaries).

4. Other social beneficiaries decided by presidents of Peoples Committees of provinces or centrally run cities.

Article 6.- Cases in which beneficiaries are no longer nurtured at social relief establishments

1. Adopted or nurtured children as provided for by law:

2. People aged full 18 years or older:

3. Recovered disabled people or mental patients who nave stably recovered from their ailment:

4. Voluntary beneficiaries when contracts become invalid:

5. Beneficiaries who died or are declared missing as provided for by law.

Article 7.- Operating funds of social relief establishments

1. For public social relief establishments:
a/ State budget allocations:

b/ Contributions of voluntary beneficiaries;

c/ Revenues from their production and service activities and other revenues as provided for by law;

d/ Supports of domestic and foreign organizations and individuals.

2. For non-public social relief establishments:

a/ Funding sources of their owners;

b/ Supports of domestic and foreign organizations and individuals;

c/ Contributions of voluntary beneficiaries;

d/ Other revenues as provided for by law;

e/ State budget supports for nurturing beneficiaries admitted with agreement of competent state management agencies.

Article 8.- Finance and property management

1. Social relief establishments shall manage finance and property according to law

2. Funding sources specified in Article 7 of this Decree must be used and managed in an open, democratic and lawful manner.

3. Social relief establishments shall periodically and annually report on the financial operation as prescribed by law to finance agencies of the same level and their managing agencies.

Article 9.- Reporting regulations

1. Biannually (before June 15) and annually (before December 15). social relief establishments shall send reports to Services of Labor. War Invalids and Social Affairs of provinces or centrally run cities where the establishments are headquartered.

2. Before December 31 every year, ministries, branches, localities and organizations shall report to the Ministry of Labor. War Invalids and Social Affairs on the operation of social relief establishments under their management.

Chapter II

CONDITIONS ON ENVIRONMENT. MATERIAL FOUNDATIONS AND STAFF. AND CRITERIA FOR TAKING CARE OF BENEFICIARIES

Article 10.- Environment and locations

Social relief establishments must be located at places with convenient access to traffic, schools and hospitals, with clean air beneficial to beneficiaries' health and electricity and clean water for their daily-life activities.

Article 11.- Material foundations

Social relief establishments must ensure the following essential material foundations:

1. Land area: 30 m2/beneficiary on average, in rural areas; or 10 m2/beneficiary in urban areas.

2. The accommodation area must be 6 m2/ beneficiary on average. For beneficiaries who need 24/24 hour care, the average accommodation area must be 8 m2/beneficiary. An accommodation must be equipped with necessary things for the beneficiary's daily life.

3. Social relief establishments caring for and nurturing 25 or more beneficiaries must have residential areas, kitchens, working offices for staff, relaxation and recreation zones. water supply and drainage and electricity systems, and internal roads: and production and therapeutic-labor zones (if conditions permit).

Social relief establishments caring for and nurturing between 10 and under 25 beneficiaries must ensure basic conditions on residential houses, kitchens, working offices for staff, electricity and water for daily-life activities.

4. Works and equipment must ensure convenient access and use by the disabled, the elderly and children.

Click Download to see full text