Numbers: 81 /2012/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Hanoi, October 8, 2012
Modify, add some of the provisions of the Digital Protocol 68 /2008/NĐ-CP 30 May 2008 by the Government
condition of conditions, established procedures, organizations, activities, and dissolution of the social and social protection facility
And the digital decree. 109 /2002/NĐ-CP December 27, 2002 of the Government amended, complements some of the
of Decree No. 195 /CP on December 31, 1994 the detailed regulation and direction of the implementation of certain conditions
of the Labor Code of the time of work, time of rest
Government Law Base December 25, 2001;
The Administrative Law of the Executive Code of the Law of the Law on 3 June 2008;
At the suggestion of the Minister of Labour-Trade and Social Affairs;
The government issued the revised decree, adding some of the provisions of the Protocol. 68 /2008/NĐ-CP May 30, 2008 of the Government rules the conditions, procedures for establishment, organization, operation and dissolution of the social and parliamentary protection facility in the United States. 109 /2002/NĐ-CP December 27, 2002 of the Government amended, complements some of the provisions of Decree No. 195 /CP on December 31, 1994 of the Government Regulation and Guide to some of the provisions of the Labor Code of working time, time of rest, and relaxation.
What? 1. Modified, add some of the provisions of the Digital Protocol 68 /2008/NĐ-CP May 30, 2008 of the Government rules the conditions, procedures, organizations, activities, and dissolution of the social-security facility (later called the Digital Protocol). 68 /2008/NĐ-CP)
1. Article 16 is modified, adding as follows:
" Article 16. File, procedure.
1. The profile is composed of:
a) The form of established (Form 1 at the Annex)
The content of the program specified:
-The need to establish social protection.
-The process of building the project.
-The basic content of the project.
-The issues have different opinions.
b) The project is established (Form 2 at the Appendix 2)
The project contents include:
-The goal and mission of the social protection facility;
-The founding plan and the plan to operate the social protection facility;
-Subject to reception;
-The organization of the machine, the personnel, the number of people working in the employment position;
-Some basic information about the person expected to be a director;
-Headquarters (location, design) and equipment, facilities required;
-It's a budget plan.
-The agency's petition, the unit.
c) The operational statute of the social protection facility (Form 3 at the Appendix accompanied)
The draft bill consists of basic content:
-The responsibility of the director and the professional departments;
-The responsibility of the staff, the staff;
-Accountability, the rights of foster care;
-Asset management mechanisms;
-Regulations have administrative properties and other related matters, consistent with the characteristics of the type of social-patronage basis.
2. The procedure was established: The Agency, the proposed unit establishing a social protection facility sent a set of authorship records established through the regulatory authority stipulated at Article 17 of this Decree. "
2. Article 17 modified, additional as follows:
" Article 17. Case Appraisal Authority
1. The Agency for the Appraisal
a) For the social protection facility under the authority to decide the establishment of the Minister, the Head of the Equal Authority, the Chief Minister of the Government, the Agency for the Office of the Government, or the Board of Organizations;
b) For the social protection facility under the authority to decide the establishment of the Provincial People ' s Committee, the appraisal agency is the Department of the Interior;
c) For the social protection facility under the authority to decide the establishment of the District People ' s Committee, the district, the town, the provincial city, the jurisdiction is the Home Office.
a) The appraisal body states at 1 Article 17 This decree is responsible for receiving and granting the receipt to the filing party; for a 15-day period of work since it is valid for valid records, the authorities have the authority to decide. The establishment of a social institution;
b) The case of the appraisal agency that defines the proposed filing of a non-qualified social protection facility must be answered in writing, stating that the reason is not eligible to establish a social protection facility for a 15-day period of work, since the age of 15. You know, we got a valid file.
3. paragraph 4 Article 19 is modified as follows:
" 4. In the 15-day period of work, since the date received the decision text of the appraisal agency, the competent person decided to establish a regulated social protection facility at Clap 1, Clause 2 and Clause 3 Articles 19 This decree must decide to establish a facility. Social support. "
4. Clause 3 and Clause 4 Articles 20 are modified, added as follows:
" 3. The application for the dissolution of the social protection facility consists of:
a) The application for the dissolution of the social protection facility, which states the reason for the dissolution (Form 4 Appendix accompanied);
b) The manifest of assets, finance and processing methods;
c) The list of objects and methods of solving when the body is dissolved.
4. For a 12-day period of work, since the day of receiving a dissolution of an application case, the competent person has to make a decision to dissolve the social protection facility. The social protection facility is not automatically dissolved when it has not yet received the dissolution decision of the competent person. "
5. Article 21 is modified, adding as follows:
" Article 21. Change the name of the base, headquarters, director, operational statute.
1. When the social protection facility changes the name of the facility, the headquarters, the director or statute of operations must offer a written offer before at least 7 days of work with the direct management body and the decision maker to form.
2. In the seven-day period of work, since the date of receiving the recommended text, the decision-making must be made to respond in writing about the institution ' s offer; the deadline above, if not receiving an answer text, then the social protection facility is implemented. Change. "
6. paragraph 2 Article 22 is amended as follows:
" 2. The object's horizontal background. "
7. Article 23 is modified, adding as follows:
" Article 23. Subject to object
1. The procedure of receiving social protection
a) The object (or the body) must apply to a social protection facility accompanied by an object 's horizontal schedule; if the chronic mental person must include 1 medical records, the court health agency' s planning conclusion, county, town, city of the province becomes more. Go.
b) Emergency cases must have a confirmation receipt of the social protection facility;
c) The voluntary object case has a contract agreement between the director of social protection with the object or representative of the object.
2. The procedure to accept the subject requires emergency protection
a) The facility is responsible for taking on the subjects who need emergency protection to care for, nurture, and complete the procedures according to the following process:
Step one. The receipt of the receipt has the signature of the individual or the agency representative, the unit that discovers the object (if any), the administration (or the security) of the commune, the base representative. To the subject that victims of domestic violence, victims of sexual assault, trafficking victims and victims of forced labor, the receipt of receipt of the object's signature (if possible);
Step 2. Evaluation of the extent of the damage, resilience and the need for the aid of the object to have an object-help plan;
Step three. Ensure safety and treatment of physical or mental damage to the timely object;
For children who are abandoned, inform on the mass media in the 25-day period of work;
Step four. The decision to nurture the object at the social protection facility or move the object to family, community;
Step five. Complete the procedures, the profile of the specified object. The case is that children are abandoned, the facility that performs the birth procedures for children under the law of the law on the passport.
b) Continue the subjects requiring emergency protection to the public base. The procedure, the profile must be perfect for 10 working days, since the object is receiving. The case lasts more than 10 working days, which is required by the governing body to review the decision. "
8. Article 25 is modified, adding as follows:
" Article 25. Establishment Profile
The profile is composed of:
1. The proposed application to the establishment of social protection (Form 5 at the Appendix accompanied);
2. The project to establish a social protection facility by regulation at Article 1 Article 16 This decree;
3. Legal documentation of land use, housing ownership or property attached to the land that serves the operation of the social protection facility;
4. The statute of operations pursues to Regulation 1 Article 16 This decree;
5. The person 's peer-to-peer comment is the director of the social protection facility, which has the confirmation of the House People' s Committee on residence or organization establishing a social protection facility;
6. Have a written opinion by the Social People ' s Committee, which states whether to agree or disagrees where the social protection facility is based in operation;
7. The appraisal and recommendation of the organization, the body, the provincial religion if it is the social protection establishment of the organization, the body, religion under the decision authority of the Provincial People's Committee. "
9. Article 26 is modified as follows:
" Article 26. The procedure of creation, appraisal, dissolution, change of the name of the facility, headquarters, director, statute of implementation pursuits to regulation at Article 16, Article 17, Article 19, Article 20 and Article 21 This Protocol. "
10. Clause 3 Article 32 is modified, added as follows:
" 3. The social protection establishment established and operates before the date of this Decree is in effect, in reference to the provisions at Chapter II This decree to rearrange before December 31, 2013; the social protection establishment established after the date of this decree came into force. to comply with the provisions of this decree. "
What? 2. Point 3 Article 5 of Decree No. 195 /CP on 31 December 1994 of the amended Government, added at paragraph 2 Article 1 of the Digital Protocol. 109 /2002/NĐ-CP December 27, 2002 of the Government amended, complements some of the provisions of Decree No. 195 /CP on December 31, 1994 of the Government Regulation of detail and guidance on certain provisions of the Labor Code of working time, time of rest (after the period). It ' s called the Digital Protocol. 109 /2002/NĐ-CP ) modified, added as follows:
"b) Businesses, other business manufacturing facilities have conditions such as businesses, regulatory facilities at Point A, if the organization makes up more from 200 hours to 300 hours in a year then must inform in writing in a seven-day period of work." prior to the implementation of the local employment agency for local labour, where businesses, the facility to conduct business manufacturing operations. "
1. This decree has been in effect since 1 December 2012.
2. Repeal Articles 16, Article 17, Clause 4 Articles 19, Clause 3 and 4 Articles 20, Article 21, Clause 2 Articles 22, Article 23, Article 25, Article 26, Section 3 Article 32 at Decree 68 /2008/NĐ-CP and point b 3 Article 5 of Decree No. 195 /CP on 31 December 1994 of the amended Government, added at paragraph 2 Article 1 of the Digital Protocol. 109 /2002/NĐ-CP has been modified, complemated at this decree.
The Ministers, the Prime Minister, the Head of the Government of the Government, the Chairman of the Provincial People's Committee, the Central Committee of the Central Committee, is responsible for the implementation of this decree.
TM. THE GOVERNMENT.