Chapter IV
STATE MANAGEMENT OF NON-PUBLIC ESTABLISHMENTS
Article 16.- State management of non-public establishments
1. Specialized management ministries and People's Committees of various levels shall perform the state management of non-public establishments within the scope of their functions and tasks and according to the decentralization of competent agencies, focusing on:
a/ Setting orientations for socialization in each domain, serving as a basis for implementation by authorities, branches and investors.
b/ Policies and regimes to encourage socialization in compatibility with each form of operation and with development requirements of each domain in each period and each region.
c/ Performing the uniform management of contents, programs, and service quality and quantity requirements in each domain so as to create grounds for the organization of implementation as well as monitoring and supervision by authorities, branches and society.
d/ Granting and withdrawing licenses of non-public establishments according to regulations.
e/ Managing and facilitating the international cooperation of non-public establishments under their management.
f/ Inspecting and examining the observation of state regulations by non-public establishments; handling violations according to the provisions of law.
2. The ministers of: Education and Training; Labor, War Invalids and Social Affairs; Health; Culture and Information; Science and Technology; Natural Resources and Environment, and Home Affairs; and the directors of the Committee for Physical Training and Sports and the Committee for Population, Family and Children shall, within the ambit of their functions and powers, coordinate with the Ministry of Finance and concerned ministries and branches in promulgating according to their competence or proposing competent authorities to decide on:
a/ Conditions for the setting up and operation of non-public establishments. Standards of professional operations and material foundations applicable to non-public establishments.
b/ Conditions, procedures for, and lists of, public establishments to be transformed into non-pubic establishments or enterprises.
c/ Roadmaps and procedures for transforming semi-public establishments into non-public ones or enterprises.
3. Presidents of provincial/municipal People's Committees shall base on the practical situations of their localities to adopt additional preferential policies so as to encourage, promote and diversify forms of socialization in their localities.
4. Concerned ministries, branches and provincial/municipal People's Committees shall formulate programs and apply measures to strictly manage the operation of non-public establishments so as to ensure the proper objectives and contents of their operations as well as their service quality as prescribed for each domain.
5. Annually, ministries, branches and provincial/municipal People's Committees shall evaluate the socialization in the domains under their management and report thereon to the Ministry of Finance, specialized management ministries and concerned agencies for sum-up and reporting to the Government.
Article 17.- Competence to permit the setting up of non-public establishments, transformation of public establishments into non-public ones, stoppage of operation and dissolution
1. Agencies competent to decide on the setting up of public and semi-public establishments shall have competence to decide on switching their operation from public and semi-public to non-public form and on switching public establishments to operate like enterprises.
2. The competence to permit the setting up of non-public establishments in the domains of education and training, healthcare, culture, physical training and sports, science and technology, environment, social affairs, population, family, and child protection and care shall comply with the provisions of law.
3. Agencies competent to permit the setting up of non-public establishments shall be competent to stop the operation of such establishments or dissolve them when they seriously breach terms of their operation licenses or violate the provisions of law.
Article 18.- Setting up of foreign-invested establishments
The setting up of foreign-invested establishments in the domains of education and training, healthcare, culture, physical training and sports, science and technology, environment, social affairs, population, family and child protection and care shall comply with the provisions of law.
Tìm kiếm
Nghị định 53/2006/NĐ-CP (Bản Word)