Vietnam: When shall the foundation licenses of victim support establishments be revoked?

This is a notable content of Decree No. 09/2013/ND-CP dated January 11, 2013 of Vietnam’s Government detailing a number of articles of the Law on Human Trafficking Prevention and Combat.

Thu hồi Giấy phép thành lập cơ sở hỗ trợ nạn nhân mua bán người, Nghị định 09/2013/NĐ-CP

According to Decree No. 09/2013/ND-CP of Vietnam’s Government, the Chairman of provincial-level People’s Committee shall revoke a foundation license when:

- The victim support establishment fails to operate within 6 (six) months after obtaining a foundation license, or has ceased operation for 6 (six) consecutive months without notifying such to the provincial-level Service of Labor, Invalids and Social Affairs;

- There is a sign or ground to believe that a victim support establishment takes advantage of victim support activities to traffic in humans or children, exploit or force labor, or carry out other illegal activities;

- The victim support establishment fails to regularly report on its operation under regulations of the Ministry of Labor, Invalids and Social Affairs; or fails to send reports within 60 (sixty) days after receiving written requests from examination or inspection agencies;

- The victim support establishment violates regulations on the grant, re-grant, modification, supplementation or extension of foundation licenses under Section 1, Chapter II of this Decree;

- Past the time limit for operation suspension, the victim support establishment fails to comply with requirements of examination or inspection agencies.

Concurrently, the Chairman of provincial-level People’s Committee shall suspend the operation of victim support establishments in the following cases:

- Failing to satisfy the operation conditions specified in Article 4 of this Decree or comply with regulations or the professional guidance on victim support work of the Ministry of Labor, Invalids and Social Affairs;

- Failing to perform the responsibilities as defined in Article 16 of this Decree.

Within 3 (three) working days after making a record of a victim support establishment’s violation under the above regulations, the director of the provincial-level Service of Labor, Invalids and Social Affairs shall request in writing the Chairman of provincial-level People’s Committee to decide on the suspension of the operation or revocation of the foundation license of the victim support establishment.

Within 5 (five) working days after receiving the written request from the director of the provincial-level Service of Labor, Invalids and Social Affairs, the Chairman of provincial-level People’s Committee  shall decide on the suspension of the operation or revocation of the foundation license of the victim support establishment.

View more details at Decree No. 09/2013/ND-CP of Vietnam’s Government, effective from April 15, 2013.

Ty Na

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