Chapter III
ESTABLISHMENT, RESTRUCTURING AND DISSOLUTION OF PUBLIC AND PRIVATE SOCIAL SUPPORT FACILITIES
Section 1. ESTABLISHMENT, RESTRUCTURING AND DISSOLUTION OF PUBLIC SOCIAL SUPPORT FACILITIES
Article 11. Establishment, restructuring and dissolution
Eligibility requirements, formalities, procedures, applications, and power to establish, restructure and dissolve public social support facilities; classification of public social support facilities shall be performed in accordance with regulations in the Government's Decree No. 55/2012/ND-CP dated June 28, 2012 on establishment, restructuring and dissolution of public service providers (hereinafter referred to as the “Decree No. 55/2012/ND-CP”).
Article 12. Application for establishment
An application for establishment of a public social support facility includes types of documents prescribed in Article 8 of Decree No. 55/2012/ND-CP, and the following:
1. The application form for establishment of a public social support facility using the Template No. 01 stated in the Appendix enclosed herewith.
2. The establishment plan using the Template No. 02 stated in the Appendix enclosed herewith.
3. The draft of operating regulations of the public social support facility using the Template No. 03a stated in the Appendix enclosed herewith.
Article 13. Application for restructuring or dissolution
An application for restructuring or dissolution of a public social support facility includes types of documents prescribed in Article 15 of Decree No. 55/2012/ND-CP, and the following:
1. The application form for restructuring or dissolution of a public social support facility using the Template No. 04a stated in the Appendix enclosed herewith.
2. The plan for restructuring or dissolution of a public social support facility using the Template No. 05 stated in the Appendix enclosed herewith.
Section 2. ESTABLISHMENT AND DISSOLUTION OF PRIVATE SOCIAL SUPPORT FACILITIES
Article 14. Rights to establish and manage private social support facilities
1. Organizations and individuals have the right and obligation to establish and manage private social support facilities in accordance with regulations herein.
2. An organization or individual that wants to establish a private social support facility shall prepare the application for registration of establishment of a private social support facility, and assume responsibility for the legality, truthfulness and accuracy of the information stated in such application.
3. The authority or person that has the power to issue a certificate of establishment (hereinafter referred to as the “issuing authority”) shall assume responsibility for the validity of the application and assume no responsibility for any acts of violation committed by such private social support facility before and after the registration.
4. The issuing authority shall bear no responsibility to resolve disputes arisen between the members of a private social support facility, or between such private social support facility with another organization or individual during its operation.
Article 15. Application for registration of establishmentc
An application for registration of establishment of a private social support facility shall include:
1. The application form for registration of establishment of a private social support facility using the Template No. 06 stated in the Appendix enclosed herewith.
2. The establishment plan.
3. The draft of operating regulations of the private social support facility using the Template No. 03b stated in the Appendix enclosed herewith.
4. Certified copies of documents proving land and house ownership or agreements on lease of land, material facilities and property on land to serve social support activities.
5. Criminal records of founders.
6. Copies of the following documents:
a) Citizen Identity Card or ID card. In case founder is a foreigner, a copy of passport or other personal identification paper shall be submitted;
b) Establishment decision or other document of equivalent validity made by founding organization, and power of attorney; Citizen Identity Card or ID card or Passport or other personal identification paper of authorized representative of such organization.
The copy of establishment decision or other document of equivalent validity made by a foreign founding organization must be legalized by a consular agency.
Article 16. Operating regulations
1. Operating regulations of a private social support facility shall have the following contents:
a) Name, head office’s address, telephone number and fax number of the private social support facility;
b) Tasks of private social support facility;
c) Charter capital;
d) Full name, permanent residence, nationality, number of Citizen Identity Card or ID card or passport or other personal identification paper of founders; contribution amount and percentage of each founder;
dd) Rights and obligations of founders;
e) Organizational structure;
g) Legal representative;
h) Voting method for the facility's decision; principles for resolving internal disputes;
i) Grounds and method of calculation of remuneration, salary and bonus for the facility’s officials and employees;
k) Cases where a member may request the facility to receive transfer of his/her contributed amount;
l) Principles for dividing profit after tax and dealing with loss;
m) Cases of dissolution, procedures for dissolution and liquidation of the facility's assets;
n) Methods for modifying the facility's operating regulations.
2. The draft of the facility’s operating regulations which is included in the application for registration of establishment must bear signatures and full names of founders.
3. The facility’s modified operating regulations must bear full names and signatures of founders.
Article 17. Registration of establishment
1. The organization or individual that wants to establish a private social support facility shall submit an application as prescribed in Article 15 herein to the issuing authority.
2. The issuing authority shall consider the validity of application and issue a certificate of establishment to the applicant within duration of 05 working days from the receipt of a valid application. If an application is refused, the issuing authority shall give a written response which specifies reasons for refusal to the applicant.
3. A facility which is established under the law on enterprises or the law on organization, operation and management of social support associations or facilities in charge of less than 10 beneficiaries must not carry out procedures for registration of establishment mentioned in Section 2 Chapter III herein.
Article 18. Eligibility requirements and contents of a certificate of establishment
1. Eligibility requirements
a) The facility's name is given in accordance with regulations in Article 5 herein;
b) The application for registration of establishment is valid in accordance with regulations in Article 15 herein.
2. Certificate of establishment
A certificate of establishment shall include main contents as specified in the Template No. 07 stated in the Appendix enclosed herewith. To be specific:
a) Name, head office’s address, telephone number and fax number of the facility;
b) Full name, permanent residence, nationality, number of Citizen Identity Card or ID card or passport or other personal identification paper of founders;
c) Type of the facility;
d) Tasks of the facility (specify one or several tasks mentioned in Article 7 herein);
dd) Charter capital; capital contributed by the founding enterprise (investment capital);
e) Information concerning tax registration.
Article 19. Power to issue and revoke certificate of establishment, and dissolve the facility
1. The Provincial Department of Labour, War Invalids and Social Affairs shall issue a certificate of establishment to the facility that operates within the scope of inter-provincial or inter-district/town/provincial city/city area and has its head office located in such province.
2. The District-level Department of Labour, War Invalids and Social Affairs shall issue a certificate of establishment to the facility that operates within the scope of a district, and has its head office located in such district.
3. The issuing authority shall have the power to revoke certificate of establishment, and dissolve the social support facility.
Article 20. Application for change in contents of a certificate of establishment
1. The change in contents of a certificate of establishment must be registered with the issuing authority.
2. An application for change in contents of a certificate of establishment shall include:
a) The application form for change in contents of a certificate of establishment;
b) The original of the issued certificate of establishment;
c) Relevant documents proving changed contents of the certificate of establishment.
3. Procedures for registration of change in contents of a certificate of establishment:
a) The social support facility shall submit an application for change in contents of certificate of establishment to the issuing authority;
b) The issuing authority shall consider the validity of application and issue a new certificate of establishment to the applicant within duration of 05 working days from the receipt of a valid application.
If an application is refused, the issuing authority shall give a written response to specify reasons for refusal or request the applicant to modify the application.
Article 21. Revocation of a certificate of establishment
1. A social support facility shall have its certificate of establishment revoked in the following cases:
a) A certificate of establishment is issued inconsistently with regulations of law;
b) After 12 months from the issuance of certificate of establishment, the facility fails to submit an application for operating license to the competent authority;
c) Other cases as regulated by law.
2. The facility assumes responsibility to settle issues concerning benefits of its beneficiaries, employees and relevant parties in case its certificate of establishment is revoked.
Article 22. Dissolution
1. A social support facility shall be dissolved in the following cases:
a) Its certificate of establishment is revoked;
b) The facility fails to meet eligibility requirements for operation as prescribed by law and as petitioned by the local Department of Labour, War Invalids and Social Affairs;
c) The applicant for registration of establishment of the facility petitions for dissolution;
d) Other cases as regulated by law.
2. An application for dissolution shall include:
a) The application form for dissolution of the facility which specifies reasons for dissolution using the Template No. 04b stated in the Appendix enclosed herewith;
b) The list of assets, liabilities and equities of the facility, and handling methods;
c) The list of beneficiaries, and methods of settlement for these beneficiaries when the facility is dissolved;
d) Other relevant documents (if any);
dd) Written comments on the facility's dissolution by competent authorities (if any).
3. Procedures for dissolution:
a) With regard to the cases mentioned in Point a, Point b and Point d Clause 1 Article 22 herein, the local Department of Labour, War Invalids and Social Affairs shall cooperate with the social support facility to submit a written request for dissolution of the facility, enclosed with the application for dissolution of social support facility specified in Clause 2 Article 22 herein, to the authority that has the power to make decision on dissolution. With regard to the case mentioned in Point c Clause 1 Article 22 herein, the organization or individual shall submit an application for dissolution of social support facility specified in Clause 2 Article 22 herein to the authority that has the power to make decision on dissolution.
b) Within duration of 15 working days as from the receipt of sufficient application, the competent authority shall issue a decision on dissolution of the social support facility. If an application for dissolution of the facility is refused, the competent authority shall give a written response, which indicates the reasons for refusal, to the applicant. The social support facility may not itself dissolve without obtaining a decision on approval for dissolution from a competent authority.
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