Chapter V
ESTABLISHMENT, OPERATION AND DISSOLUTION OF CARE CENTERS FOR THE DISABLED
Article 24. The establishment, operation and dissolution of care centers for the disabled
1. Conditions for the establishment, organization, operation and dissolution of social welfare institutions specified in Point a, Clause 2, Article 57 of the Law on The disabled comply with the Government's regulations on social welfare institutions.
2. The establishment, operation and dissolution of an care center of the disabled specified in Point b, c or d. Clause 2. Article 47 of the Law on The disabled comply with the law on the organizational form of such establishment.
3. Care centers for the disabled specified in Clause 2 of this Article may take care of the disabled only after being licensed by competent authorities.
Article 25. Conditions for obtaining an operation license for taking care of the disabled
A care center of the disabled may obtain the operation license when:
1. It is lawfully established.
2. Its directoe is fully capable of civil acts; possesses good morals; commits no social evils; is not subject to criminal prosecution nor having his/her criminal records erased.
3. It has staff directly counseling and nursing the disabled who meet the conditions specified in Article 26 of this Decree;
4. A care center of the disabled that also raises the disabled must satisfy conditions on environment, facilities, and care-taking and raising standards under the Government’s regulations applicable to social welfare institutions apart from the conditions specified in Clauses 1, 2 and 3 of this Article.
Article 26. Employees directly taking care of the disabled
An employee directly taking care of the disabled must satisfy the following conditions:
1. Having good health to take care of the disabled.
2. Fully capable of civil acts.
3. Possessing good ethical credentials, committing no social evils, not liable to criminal prosecution nor having their criminal records erased.
4. Skilful in taking care of the disabled.
Article 27. Operation licenses for taking care of the disabled
1. An operation license for taking care of the disabled covers:
a/ Name of the care center, the head office address, telephone and fax numbers;
b/ Full name of the care center director;
c/ Scale and services of the care center.
2. A center that changes its name, head office address, head, or scope or contents of its services shall carry out procedures for license adjustment. A center that changes its organizational form, or is divided, separated, consolidated or merged shall implement the procedures for license application.
3. When its operation license for taking care of the disabled is lost or damaged, an establishment shall request for re-grant of such license.
Article 28. Authority to issue, suspend and revoke operation licenses for taking care of the disabled
1. Provincial Services Labor, War Invalids and Social Affairs shall issue operation licenses for taking care of the disabled to:
a/ The care centers affiliated to ministries, ministerial-level agencies, governmental agencies and central agencies of socio-political organizations and socio-professional organizations of which the care centers for the disabled are situated locally;
b/ The care centers set up by foreign organizations or individuals, of which the head offices are situated locally;
c/ The care centers established by provincial agencies or organizations.
2. District-level Labor, War Invalids and Social Affairs Divisions shall issue operation licenses for taking care of the disabled to the care centers established by domestic organizations or individuals not falling in the cases specified in Clause 1 of this Article, of which the care centers for the disabled are situated locally.
3. Agencies competent to issue operation licenses for taking care of the disabled are competent to reissue, adjust, suspend or revoke those licenses.
Article 29. Dossiers of application for operation licenses for taking care of the disabled
1. An application for a license for taking care of the disabled comprises:
a/ The application for an operation license for taking care of the disabled;
b/ A copy of the establishment decision or business registration certificate of the founder;
c/ The documents proving the eligibility as prescribed Article 25 of this Decree.
2. An application for the adjustment or reissuance of a operation license for taking care of the disabled comprises:
a/ A written request for the license adjustment or reissuance;
b/ Documents proving the loss or the damage of the operation license for taking care of the disabled;
c/ Documents proving change of the name, the head office address, the director, the scale or the contents of the services.
Article 30. Procedures for issuing operation licenses for taking care of the disabled
1. The order and procedures for issuing and reissuing or adjusting operation licenses in the cases specified in Clause 1, Article 28 of this Decree comply with the following provisions:
a/ The care center of the disabled shall make and send an application to the provincial Service Labor, War Invalids and Social Affairs;
b/ Within 15 working days after receiving a complete and valid application as prescribed, the provincial Service of Labor, War Invalids and Social Affairs shall issue, reissue or adjust the operation license.
2. The procedures for issuing, reissuing or adjusting the operation licenses in the cases specified in Clause 2, Article 28 of this Decree must comply with the following provisions:
a/ The care center of the disabled shall make and send an application to the district-level Labor, War Invalids and Social Affairs Division;
b/ Within 10 working days after receiving a complete and valid dossier as prescribed, the district-level Labor, War Invalids and Social Affairs Division shall grant, re-grant or modify an operation license.
3. If the application is incomplete or invalid, the licensing agency shall notify the care center of the supplement within 3 working days.
4. If the care center is ineligible for obtaining a license, the licensing agency shall reply the care center in writing specifying the reason for its ineligibility within 5 working days.
Article 31. Suspension and revocation of the operation license for taking care of the disabled
1. A care center of the disabled that fails to satisfy the conditions specified in Article 25 of this Decree during its operation shall have its operation suspended until it fully satisfies the operation conditions.
2. The operation license for taking care of the disabled is revoked in the following cases:
a/ The license is issued improperly or ultra vires;
b/ The care center of the disabled fails to operate after 12 months as from obtaining the license;
c/ The center changes its operation purposes;
d/ The center fails to satisfy prescribed conditions after the suspension term is over;
dd/ The center being administratively sanctioned thrice (3) within 12 months;
e/ The founder of the dissolved or bankrupt center fails to satisfy operation conditions as prescribed by law.
3. The care center of the disabled must settle benefits of the disabled when its license is suspended or revoked.
Article 32. Responsibilities for the suspension and revocation of operation licenses for taking care of the disabled
1. Upon detecting the cases specified in Clause 2. Article 31 of this Decree, a provincial Service Labor, War Invalids and Social Affairs or the Division of Labor, War Invalids and Social Affairs Division shall revoke the granted operation license for taking care of the disabled.
2. Upon detecting that an establishment no longer satisfies prescribed conditions, depending on the nature and severity, the provincial Labor, War Invalids and Social Affairs Department or district-level Labor, War Invalids and Social Affairs Division shall issue a decision on suspension from partial or full operation of that establishment on a definite term according to the granted license
Tìm kiếm
Nghị định 28/2012/NĐ-CP (Bản Word)
Nghị định 28/2012/NĐ-CP (Bản Pdf)