Chương 2 Nghị định 06/2011/NĐ-CP .: Cơ sở chăm sóc người cao tuổi

Chapter II

ELDERLY-CARETAKING ESTABLISHMENTS

Article 8. Establishment, operation and dissolution of elderly-caretaking establishments

1. The conditions and procedures for establishment, organization, operation and dissolution of social relief establishments defined at Point a. Clause 2. Article 20 of the Law on the Elderly comply with the Government's Decree No. 68/2008/ND-CP of May 30. 2008, defining the conditions and procedures for establishment, organization, operation and dissolution of social relief establishments.

2. The conditions and procedures for establishment and dissolution of elderly-caretaking establishments defined at Points b and c. Clause 2. Article 20 of the Law on the Elderly comply with the law on such type of organizations.

3. The elderly-caretaking establishments defined at Points b and c, Clause 2, Article 20 of the Law on the Elderly may operate only after they obtain permits for elderly-caretaking operations.

Article 9. Conditions for obtaining permits for elderly-caretaking operations

An elderly-caretaking establishment defined in Clause 2. Article 8 of this Decree may obtain a permit for elderly-caretaking operations when it fully satisfies the following conditions:

1. It is lawfully established.

2. Its head meets the conditions defined in Clause .Article 1 of this Decree;

3. It has employees to directly counsel or lake care of the elderly, who satisfy the requirements set in Clause 1. Article 1 of this Decree;

4. It meets the conditions on environment, physical foundations and care-taking as well as nurturing standards defined in Articles 10. 11 and 12 of the Government's Decree No. 68/ 2008/ND-CP of May 30. 2008, defining the conditions and procedures for the establishment, organization, operation and dissolution of social relief establishments.

Article 10. Permits for elderly-caretaking operations

1. A permit for elderly-caretaking operations has the following principal contents:

a/ Name, head office, telephone number and fax number of the establishment;

b/ Full name of the establishment head;

c/ Scope and contents of services provided by the establishment.

2. An elderly-caretaking establishment must only operate in accordance with the contents written in its operation permit.

3. When changing its name, head office, head or scope or contents of services provided, it must carry out procedures for modification of its permit; in case of change of form of organization, division, separation, merger or consolidation, it must carry out procedures to apply for a permit.

4. If its operation permit is lost or damaged, the establishment may obtain a new one.

Article 11. Competence to grant, suspend and withdraw permits for elderly-caretaking operations

1. Provincial-level Departments of Labor. War Invalids and Social Affairs may grant elderly-caretaking operation permits to the following:

a/ Establishments of ministries, ministerial-level agencies, government-attached agencies or central bodies of socio-political organizations, social organizations or socio-professional organizations, with their head offices located in the localities;

b/ Establishments set up by foreign organizations or individuals with their head offices located in the localities;

c/ Establishments set up by provincial-level agencies or organizations.

2. District-level Sections of Labor, War Invalids and Social Affairs may grant elderly-caretaking operation permits to other establishments set up by domestic organizations or individuals, which do not fall into the cases defined in Clause 1 of this Article and have their head offices based in the localities.

3. Agencies competent to grant elderly-caretaking operation permits may re-grant, modify, suspend or withdraw such permits.

Article 12. Dossiers of application for elderly-caretaking operation permits

1. A dossier of application for an elderly-caretaking operation permit comprises:

a/ The establishment's written application for an elderly-caretaking operation permit;

b/ Copy of the establishment decision or business registration certificate of the organization or individual that has set up the establishment;

c/ Papers proving full satisfaction of the conditions defined in Article 9 of this Decree.

2. A dossier of application for adjustment or re-grant of an elderly-caretaking operation permit comprises:

a/ A written application for permit modification or re-grant;

b/ Papers evidencing that the elderly-caretaking operation permit was lost or damaged:

c/ Papers showing the alteration of the name, head office, establishment head, scope or contents of services provided.

Article 13. Order and procedures for granting elderly-caretaking operation permits

1. The order and procedures for the grant, re-grant and modification of operation permits by provincial-level Departments of Labor, War Invalids and Social Services comply with the following regulations:

a/ The prospective elderly-caretaking establishment compiles and sends a dossier to the provincial-level Department of Labor, War Invalids and Social Affairs;

b/ Within 15 working days after receiving a complete valid dossier, the provincial-level Department of Labor, War Invalids and Social Affairs shall grant, re grant or modify the operation permit.

2. The order and procedures for the grant, re-grant and modification of operation permits by district-level Sections of Labor, War Invalids and Social Affairs comply with the following regulations:

a/ The prospective elderly-caretaking establishment compiles and sends a dossier to the district-level Section of Labor, War Invalids and Social Affairs;

b/ Within 10 working days alter receiving a complete valid dossier, the district-level .Section of Labor. War Invalids and Social Affairs shall grant, re-grant or modify the operation permit.

3. If a dossier of application for an operation permit is incomplete or invalid, the permit-granting agency shall, within three working days, notify the applicant thereof for dossier completion.

4. If the applicant is ineligible for a permit, the permit-granting agency shall, within five working days, notify the applicant of the reason for its ineligibility.

Article 14. Suspension and withdrawal of elderly-caretaking operation permits

1. Elderly-caretaking establishments which, in the course of operation, fail to fully meet the conditions defined in Article 9 of this Decree, shall be suspended from operation until the operation conditions are fully met.

2. The elderly- caretaking operation permit may be withdrawn in the following cases:

a/ It is granted to the establishment ultra vires or in contravention of law:

b/ The establishment does not operate within 12 months after obtaining the permit;

c/ The establishment changes its operation purposes;

d/ The establishment still fails to fully meet the prescribed conditions after the suspension duration terminates;

e/ The establishment commits violations and is administratively sanctioned three limes within 12 months;

f/ The organization or individual that has set up the establishment dissolves or goes bankrupt while such establishment does not satisfy the law-established operation conditions.

3. Elderly-caretaking establishments are obliged to deal with the elderly's interests when they are suspended from operation or have their operation permits withdrawn.

Article 15. Liability to suspend and withdraw permits for elderly-caretaking operations

1. When detecting cases defined in Clause 2. Article 14 of this Decree, provincial-level Departments of Labor. War invalids and Social Affairs or district-level Sections of Labor. War Invalids and Social Affairs shall withdraw the elderly -caretaking operation permits they have respectively granted.

2. If establishments are detected to no longer meet the prescribed conditions, provincial-level Departments or district-level Sections of Labor. War Invalids and Social Affairs shall, depending on the nature and severity of violations, issue decisions on partial or full suspension from elderly-caretaking operations for given periods of time under the permits they have respectively granted.

Article 16. Incentive policies for investment in the construction of elderly-caretaking establishments

Investors of construction of elderly-caretaking establishments arc entitled to incentive policies under the Government's Decree No. 69/200S/ND-CP of May 30, 2008, on incentive policies for socialization of educational, vocational training, healthcare, cultural, sports and environmental activities.