Nghị định 81/2012/ND-CP

DECREE

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE NO.68/2008/ND-CP OF MAY 30, 2008,PROVIDING CONDITIONS AND PROCEDURES FOR THE SETTING UP, ORGANIZATION, OPERATION AND DISSOLUTION OF SOCIAL RELIEF ESTABLISHMENTS AND THE GOVERNMENT’S DECREE NO.109/2002/ND-CP OF DECEMBER 27, 2002, AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE NO. 195/CP OF DECEMBER 31, 1994 WHICH DETAILS AND GUIDES THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LABOR CODE ON WORKING TIME AND REST TIME.

Pursuant to the Law on Government organization, of December 25, 2007;

Pursuant to the Law on promulgation of legal documents, of June 03, 2008;

At the request of the Minister of Labor, War Invalids and Social Affairs;

The Government promulgates Decree amending and supplementing a number of articles of the Government’s Decree No.68/2008/ND-CP of May 30, 2008,providing conditions and procedures for the setting up, organization, operation and dissolution of social relief establishments and the Government’s Decree No.109/2002/ND-CP of December 27, 2002, amending and supplementing a number of articles of the Government’s Decree No. 195/CP of December 31, 1994 which details and guides the implementation of a number of articles of the labor code on working time and rest time,

Article 1. To amend and supplement a number of articles of the Government’s Decree No.68/2008/ND-CP of May 30, 2008,providing conditions and procedures for the setting up, organization, operation and dissolution of social relief establishments (hereinafter referred to as the Decree No.68/2008/ND-CP)

1. Article 16 is amended and supplemented as follows:

“Article 16. Dossier of, procedures for the setting up

1. A setting-up dossier comprises:

a) A report on the setting up (Form No.01 in the enclosed Annex)

Content of report clearly states:

- The necessity to set up the social relief establishment;

- The process of scheme formulation;

- Principal contents of the scheme;

- Issues on which opinions remain divergent.

b) A scheme for setting up (Form No.02 in the enclosed Annex)

Contents of the scheme includes:

- Objectives and tasks of the social relief establishment;

- The setting-up option and operation plan of the social relief establishment;

- Beneficiaries to be admitted;

- The organizational apparatus: staff; quantity of staff under positions;

- Some basic information on the person anticipated being Director;

- The working office (location, design) and necessary equipment and facilities;

- The funding plan;

- The expected operation efficiency;

- Proposals of the submitting agency or unit.

c) The operation regulation of a social relief establishment (Form No.3 in the enclosed Annex)

The draft of regulation includes the principal contents:

- Responsibilities of the director and professional sections;

- Responsibilities of staff members;

- Responsibilities and interests of nurtured beneficiaries;

- The property and finance management mechanism;

- Administrative regulations and other relevant matters, suitable to the characteristics of such type of social relief establishment.

2. Procedures for the setting up: Agencies, units requesting for the setting up of social relief establishment shall send a set of dossier via evaluating agencies defined in Article 17 of this Decree to authorities competent to set up social relief establishments.”

2. Article 17 is amended and supplemented as follows:

" Article 17. Competence of dossier evaluation

1. Evaluating agencies

a) For social relief establishments to be set up under decisions of ministers or heads of ministerial-level agencies, governmental-attached agencies, Organization and Personnel Departments or Committees shall act as evaluating agencies;

b) For social relief establishments to be set up under decisions of provincial-level People's Committees, provincial-level Services of Home Affairs shall act as evaluating agencies.

c) For social relief establishments to be set up under decisions of district-level People's Committees, district-level Sections of Home Affairs shall act as evaluating agencies.

2. Responsibility for evaluation

a) The evaluating agencies specified in clause 1, Article 17 of this Decree shall receive dossiers and issue receipts to dossier submitters; within 15 working days after receiving the complete and valid dossiers, evaluate and submit the dossiers to authorities competent to decide on the setting up of social relief establishments;

b) In case evaluating agencies define that the dossiers of the setting up of social relief establishments are not eligible as prescribed, they must reply in writing, stating reason of being not eligible for the setting-up of social relief establishments, within 15 working days after fully receiving the valid dossiers.

3. Clause 4 Article 19 is amended as follows:

“4.Within 15 working days after receiving written requests from evaluating agencies, persons competent to set up social relief establishments defined in Clauses 1, clause 2 and clause 3, article 19 of this Decree shall issue decisions on setting up the social relief establishments”

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

“3. A dossier of application for the dissolution of a social relief establishment comprises:

a) A dissolution application of social relief establishment, clearly stating the reason (Form No.4 on the enclosed Annex);

b) A property and financial list and handling options;

c) A list of beneficiaries and settling options upon dissolution.

4. Within 12 working days after receiving a dissolution application dossier, the competent person shall issue a decision dissolving the social relief establishment.  A social relief establishment may not automatically dissolve when the competent person's dissolution decision has not yet been issued

5. Article 21 is amended and supplemented as follows:

" Article 21. Changes of names, head offices, directors or operation regulation

1. When a social relief establishment wishes to change its name, head office, director or operation regulation, it shall send a written request to its directly managing agency and the person issuing the setting-up decision before not fewer than 7 working days.

2. Within 7 working days after receiving that request, the person issuing the setting-up decision shall give a written reply for suggestion of establishment, past this time limit, if not receiving any written reply, the social relief establishment may effect such change.”

6. Clause 2 Article 22 is amended as follows:

“2. A resume of the beneficiary.”

7. Article 23 is amended and supplemented as follows:

“Article 23. Procedures for receiving beneficiaries

1. Procedures for receiving social protection beneficiaries

a) Beneficiaries (or their relatives) shall make applications for admission into social relief establishments, enclosed with their resumes; for chronic mental patients, the applications must be enclosed with medical records and examination conclusions of district- or higher-level medical establishments;

b) In emergency circumstances, there must be a certification minute of social relief establishments;

c) For voluntary beneficiaries, there must be contracts between directors of social relief establishments and beneficiaries or their representatives.

2. Procedures for receiving beneficiaries who need urgent protection

a) Establishments shall receive immediately beneficiaries who need urgent protection in order to take care, nurture and complete procedures according to the following process:

Step 1: Make a receiving minute with signature of individuals or representatives of agencies, units detecting beneficiaries (if any), commune-level authorities (or police officers), representatives of establishments.  For beneficiaries who are domestic violence victims, sexually abused victims, trafficked victims and victims of forced labor, the receiving minute may have their signatures (if possibility).

Step 2. To assess on hurt extents, recovery capacity and help demand of beneficiaries in order to have plan on assisting them; 

Step 3: To ensure safety and treating physical and mental hurt for beneficiaries timely;

For abandoned children, notify on means of mass media within 25 working days;

Step 4: To decide to nurture beneficiaries at social relief establishment or consign the beneficiaries to their family or the community;    

Step 5. To complete procedures for, dossier of beneficiaries as prescribed. Case of abandoned children, establishment shall perform procedures for birth certificate of children as prescribed by law on civil status.

b) Timely receiving beneficiaries who need urgent protection to public establishments. Procedures, dossiers must be completed within 10 working days, after receiving beneficiaries.   If prolonging more than 10 working days, it must be considered and decided by superior management agencies.” 

8. Article 25 is amended and supplemented as follows:

“Article 25. Dossier of the setting up

A setting-up dossier comprises:

1. A setting-up application of social relief establishment (Form No.5 in the enclosed Annex);

2. A setting-up scheme of social relief establishment as prescribed in clause 1 Article 16 of this Decree;

3. Valid papers on land use rights and rights to own houses or assets attached to land in service of the operation of the social relief establishment;

4. An operation regulation as prescribed in clause 1 Article 16 of this Decree;

5. A resume of the social relief establishment's director, certified by the commune-level People's Committee of the locality where the director resides or by the organization setting up the social relief establishment;

6. Written opinions of the commune-level People's Committee, clearly stating its approval or disapproval of the location where the social relief establishment will be headquartered;

7. Written evaluations and requests of provincial-level mass or religious organizations for social relief establishments of mass or religious organizations under the deciding competence of provincial-level People's Committees.”

9. Article 26 is amended as follows:

“Article 26.  The procedures for setting up, appraising, dissolving, or changing names, head offices, directors or operation regulations comply with Article 16, Article 17, Article 19, Article 20 and Article 21 of this Decree”

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

“3. Social relief establishments set up and operating before the effective date of this Decree shall refer to the conditions specified in Chapter II of this Decree for their reorganization before December 31, 2013; social relief establishments set up after the effective date of this Decree shall observe the provisions of this Decree.”

Article 2. Point b, clause 3, article 5 of the Government’s Decree No. 195/CP of December 31, 1994 being amended and supplemented at clause 2, Article 1 of the Government’s Decree No.109/2002/ND-CP of December 27, 2002, amending and supplementing a number of articles of the Government’s Decree No. 195/CP of December 31, 1994 which details and guides the implementation of a number of articles of the labor code on working time and rest time (hereinafter referred to as the Decree No.109/2002/ND-CP) is amended and supplemented as follows:

“b) For other enterprises and production and/or business establishments with the same conditions as those of the enterprises and establishments prescribed at Point a of this Clause, which require the overtime work for between 200 and 300 hours a year must notify in writing to the labor state management agencies at localities where they conducting production and/or business operations  within 7 working days before performance.”

Article 3. Effect

1. This Decree takes effect on December 01, 2012.

2. To annul Article 16, Article 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 the Government’s Decree No.68/2008/ND-CP and point b clause 3 Article 5 the Government’s Decree No. 195/CP of December 31, 1994 being amended and supplemented at clause 2, Article 1 of the Government’s Decree No.109/2002/ND-CP of December 27, 2002, which is amended and supplemented by this Decree.

Article 4. Organization of implementation

Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the President of the People’s Committee of central-affiliated cities and provinces shall implement this Decree.