Chương II Nghị định 103/2017/NĐ-CP quy định về thành lập, tổ chức, hoạt động, giải thể và quản lý cơ sở trợ giúp xã hội: Nhiệm vụ và quyền hạn của cơ sở trợ giúp xã hội

Chapter II

TASKS AND POWERS OF A SOCIAL SUPPORT FACILITY

Article 6. Persons eligible to receive benefits from a social support facility

1. Social protection beneficiaries as defined in Clause 1 Article 25 of the Government's Decree No. 136/2013/ND-CP dated October 21, 2013 providing for social support policies for social protection beneficiaries.

2. Persons in need of emergency protection, including:

a) Victims of domestic violence; victims of sexual assaults; trafficking victims; victims of forced labour;

b) Children and beggars pending taken to shelters.

3. Minors of no fixed address who are liable to compulsory education at communes, wards or commune-level towns in accordance with regulations of the Law on actions against administrative violations dated June 20, 2012, the Government’s Decree No. 111/2013/ND-CP dated September 30, 2013 providing for imposition of administrative penalty that is compulsory education at communes, wards or commune-level towns, and the Government’s Decree No. 56/2016/ND-CP dated June 29, 2016 on amendments to the Government’s Decree No. 111/2013/ND-CP dated September 30, 2013 providing for imposition of administrative penalty that is compulsory education at communes, wards or commune-level towns.

4. Persons other than the social protection beneficiaries mentioned in Clause 1, Clause 2 and Clause 3 of this Article, who are in need of social assistance and voluntarily make contributions or have contributions made by their relatives or sponsors (hereinafter referred to as “voluntary beneficiaries”).

5. Other beneficiaries under support programs or projects, or decisions by Chairpersons of People’s Committees of provinces or central-affiliated cities.

Article 7. Tasks of a social support facility

A social support facility shall perform several or all of the following tasks:

1. Provide emergency services, including:

a) receive persons in need of emergency protection;

b) evaluate the needs of beneficiaries; select and classify beneficiaries. Where necessary, the social support facility shall transfer beneficiaries to health facilities, education institutions, police agencies, judicial agencies or other appropriate agencies or organizations;

c) ensure safety and meet certain emergency needs of beneficiaries such as temporary residence, foods, clothes and travel.

2. Provide advice and treatment for mental disorder or psychological crisis, and physical rehabilitation for beneficiaries.

3. Provide consultancy and assistance for beneficiaries of social support policies; cooperate with relevant agencies and organizations to protect and help eligible beneficiaries; look for and arrange appropriate caring forms.

4. Formulate plans to intervene and assist beneficiaries; supervise and review intervention and assistance activities, and then modify such plans.

5. Receive, manage, care for, and nurture social protection beneficiaries who face special difficulties, are unable to earn their living as well as live in their families or communities.

6. Provide initial medical treatment services.

7. Combine rehabilitation and assistance activities for beneficiaries with self-management, cultural, or sports activities and other activities according to age and health status of each group of beneficiaries in accordance with laws.

8. Take charge and cooperate with relevant units/ organizations to organize education courses, vocational training courses and/or career-oriented education courses so as to assist beneficiaries in developing their physical strength, understanding and personality as well as getting social inclusion.

9. Provide social education and capacity improvement services. To be specific:

a) provide social education services to help beneficiaries develop skills in handling situations, including teaching parenting skills to persons in such need, and providing life skills training for children and minors;

b) cooperate with education and training institutions to provide training courses in social works for both full-time and part-time social workers or persons working for social work service providers;

c) organize training courses or seminars to improve knowledge and skills for beneficiaries in such need.

10. Manage beneficiaries of social work services.

11. Implement measures to protect beneficiaries from difficult circumstances, assaults, violence or abuse.

12. Facilitate community development activities. To be specific:

a) contact people and governments at all levels to determine problems in their communities so as to formulate suitable community assistance programs or plans;

b) propose community development policies to competent authorities;

c) establish the network of social workers and volunteers.

13. Organize awareness-raising and communications activities.

14. Take charge and cooperate with local government help persons who are qualified to leave the social support facility or voluntarily apply for family reunion and community integration; support and facilitate beneficiaries in stabilizing their life.

15. Manage financial sources, assets, officials, public employees and contractual employees in accordance with laws.

16. Mobilize and receive financial supports in cash and in kind from domestic and foreign agencies, organizations and/or individuals.

17. Provide services at the request of and perform other tasks assigned by competent authorities.

Article 8. Powers of a social support facility

1. Provide social support services for persons in such need in accordance with regulations.

2. Refuse a request for social support services if it is not conformable with its functions and tasks, unless a decision is made by a competent authority or an authorized person.

3. Select appropriate social support measures and concepts to help beneficiaries in accordance with laws.

4. Exercise other powers as regulated by laws.

Article 9. Operating funding of a social support facility

1. A public social support facility shall have the following sources of funding:

a) Funding from state budget;

b) Service charges paid by voluntary beneficiaries;

c) Revenues from its production and service provision;

d) Grants from domestic and foreign organizations and/or individuals;

dd) Other sources of funding as regulated by law.

2. A private social support facility shall have the following sources of funding:

a) Its owner's equity;

b) Grants from domestic and foreign organizations and/or individuals;

c) Service charges paid by voluntary beneficiaries;

d) Other sources of funding as regulated by law;

dd) Funding allocated by state budget to provide social support services.

Article 10. Financial and asset management

1. A social support facility shall manage its financial sources and assets in accordance with laws.

2. Sources of funding must be managed and used in a public and transparent manner in accordance with its regulations on operation and expenditures.

3. It must prepare and submit periodic and annual financial reports to competent authorities in accordance with laws.