Chương V 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: Thủ tục, hồ sơ quản lý đối tượng

Chapter V

MANAGEMENT PROCEDURES AND DOSSIER

Article 40. Power and dossier required to receive people into a social support facility

1. Power to receive people into a social support facility: People shall be received into social support facility according to its manager’s decision.

2. Dossier on receipt of a social protection beneficiary who faces special difficulties as prescribed in Clause 1 Article 25 of the Decree No. 136/2013/ND-CP:

a) The application form made by the beneficiary or his/her guardian using the Template No. 10 stated in the Appendix enclosed herewith;

b) The copy of birth certificate if the beneficiary is a child; in case of an abandoned infant, procedures for birth registration must be carried out in accordance with the law on civil registration;

c) The written certification of an authorized health facility if a beneficiary is infected with HIV;

d) The written record of the Assessment Board using the Template No. 11 stated in the Appendix enclosed herewith, and the written request made by the Commune-level People’s Committee;

dd) Other relevant documents (if any);

e) The written request of the Chairperson of the District-level People’s Committee, which is sent to the facility’s governing agency (if a beneficiary is sent to a provincial social support facility);

g) The decision on receipt of beneficiary made by the facility's manager.

3. Dossier on receipt of a person in need of emergency protection as prescribed in Clause 2 Article 25 of the Decree No. 136/2013/ND-CP:

a) The application form made by the beneficiary or his/her guardian;

b) The copy of ID card or personal identification paper of the beneficiary (if any);

c) The written record of the emergency case where the beneficiary’s life is threatened;

d) The written request made by the Chairperson of the People’s Committee of commune where the beneficiary is living or it’s discovered that the beneficiary needs an emergency protection;

dd) The written request of the Chairperson of the District-level People’s Committee, which is sent to the facility’s governing agency (if the beneficiary is sent to a provincial social support facility);

e) The decision on receipt of the beneficiary made by the facility's manager.

4. Dossier on receipt of a voluntary beneficiary:

a) The written agreement on provision of social support services using the Template No. 12 stated in the Appendix enclosed herewith;

b) The copy of ID card or Citizen Identity Card or Passport or other personal identification paper of the beneficiary.

Article 41. Procedures for receipt of people into a social support facility

1. Procedures for receipt of a social protection beneficiary who faces special difficulties as prescribed in Clause 1 Article 25 of the Decree No. 136/2013/ND-CP:

a) The beneficiary or his/her guardian shall send the dossier prescribed in Points a, b, c Clause 2 Article 40 herein to the Chairperson of the Commune-level People’s Committee;

b) Within 15 working days from the receipt of the beneficiary’s dossier, the Commune-level Assessment Board shall assess and post the assessment results at the head office of the Commune-level People’s Committee within 07 working days, excluding HIV-related information of the beneficiary;

c) Within 07 working days from the receipt of the beneficiary’s dossier and the written request of the Chairperson of the Commune-level People’s Committee, the District-level Department of Labour, War Invalids and Social Affairs shall appraise and request the Chairperson of the District-level People’s Committee to consider making decision;

d) Within 03 working days from the receipt of the written request of the District-level Department of Labour, War Invalids and Social Affairs, the Chairperson of the District-level People’s Committee shall make a decision on receipt of the beneficiary into a social support facility under its management or send a written request to the manager of a certain facility to receive such beneficiary;

dd) Within 07 working days from the receipt of the beneficiary’s dossier and the written request of the Chairperson of the District-level People’s Committee, the manager of the requested social support facility shall make decision on receipt of the beneficiary into that facility;

e) If a beneficiary is refused, the facility’s manager must give a written response to specify reasons for refusal.

2. Procedures for receipt of a person in need of emergency protection as prescribed in Clause 2 Article 25 of the Decree No. 136/2013/ND-CP:

a) The social support facility must immediately receive a person who needs an emergency protection and complete the following procedures:

Step 1. Prepare a written record of receipt of beneficiary which must bear the signature of the individual or representative of the agency that discovers the beneficiary (if any), the government (or the police agency) of commune, or the facility's representative. If the received beneficiary is a victim of domestic violence or sexual assault, a trafficking victim, or a victim of forced labour, the written record of receipt must bear the signature of the received beneficiary (if possible);

Step 2. Evaluate injury level, recuperative ability and support needs of the beneficiary so as to formulate an appropriate support plan;

Step 3. Ensure safety and provide timely treatment for physical and psychological injuries for the beneficiary; in case of an abandoned child, a notice must be published on mass media means within duration of 25 working days;

Step 4. Make decision to give support for the beneficiary at the facility or send the beneficiary to his/her family or community;

Step 5. Complete procedures and dossier for the beneficiary in accordance with regulations. In case of an abandoned child, the facility must carry out procedures for birth registration in accordance with the law on civil registration;

b) Persons in need of emergency protection must be immediately received into the facility. All procedures for receipt must be completed within 10 working days from the receipt of a beneficiary. The extension of this time limit requires the decision of the governing agency.

3. Procedures for making decision on receipt of a voluntary beneficiary:

A voluntary beneficiary shall enter into a written agreement on provision of social support services with the facility’s manager and submit the copy of his/her ID card or Citizen Identity Card or Passport of other personal identification paper.

Article 42. Preparing management dossier

The social support facility must prepare and manage personal dossier of each beneficiary. Beneficiary’s personal dossier includes:

1. Dossier on receipt of the beneficiary into the facility as prescribed in Article 40 herein.

2. The social support plan and relevant documents.

3. The Decision on termination of social support or finalization of the written agreement on provision of social support services.

4. Other documents concerning the beneficiary.

Article 43. Power, cases and procedures for termination of social support

1. Power to terminate social support: The manager of a social support facility shall make decision on termination of social support.

2. Cases of termination

a) Social support is terminated according to decision of the facility’s manager;

b) The beneficiary’s guardian or family, or family or individual taking charge of caring or nurturing the beneficiary submits a written request for termination of social support;

c) A beneficiary is adopted in accordance with the law on child adoption;

d) The beneficiary reaches the age of 18. In case a beneficiary aged 18 or older is studying at upper secondary school or vocational training institution, or attending second-year or three-year college course, or higher education course, he/she may receive social support services at the facility until he/she obtains the first diploma but not later than the age of 22;

dd) The facility is unable to provide suitable social support services for the beneficiary;

e) The beneficiary fails to contact the facility for one month;

g) The beneficiary makes request for termination of social support;

h) The beneficiary died or went missing as defined by law;

i) The written agreement on provision of social support services expires;

k) Other cases as regulated by law.

3. Procedures for termination of social support

a) The beneficiary or his/her guardian, relative or family member, or the individual taking charge of caring and nurturing the beneficiary, or the adoptive parent as prescribed in Points b, c, d, g Clause 2 of this Article shall prepare and send the written request for termination of social support using the Template No. 13 stated in the Appendix enclosed herewith to the facility’s manager (if any);

b) Within 07 working days from the receipt of the written request, the facility’s manager shall make decision on termination of social support;

c) A written record shall be made to record the transfer of the beneficiary to his/her family or community with certification of the Commune-level People’s Committee, or record the finalization of the written agreement on provision of social support services.