Conditions for obtaining an operation license for taking care of the disabled in Vietnam

Conditions for obtaining an operation license for taking care of the disabled in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer  as follows:

1. Conditions for obtaining an operation license for taking care of the disabled in Vietnam

According to Article 25 of Decree 28/2012/ND-CP, a care center of the disabled may obtain the operation license when:

- It is lawfully established.

- 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.

- It has staff directly counseling and nursing the disabled who meet the conditions specified in Article 26 of Decree 28/2012/ND-CP;

+ Having good health to take care of the disabled.

+ Fully capable of civil acts.

+ Possessing good ethical credentials, committing no social evils, not liable to criminal prosecution nor having their criminal records erased.

+ Skilful in taking care of the disabled.

- 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 above.

2. Authority to issue, suspend and revoke operation licenses for taking care of the disabled in Vietnam

Authority to issue, suspend and revoke operation licenses for taking care of the disabled according to Article 28 of Decree 28/2012/ND-CP is as follows:

- Provincial Services Labor, War Invalids and Social Affairs shall issue operation licenses for taking care of the disabled to:

+ 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;

+ The care centers set up by foreign organizations or individuals, of which the head offices are situated locally;

+ The care centers established by provincial agencies or organizations.

- 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 Article 28 of Decree 28/2012/ND-CP, of which the care centers for the disabled are situated locally.

- Agencies competent to issue operation licenses for taking care of the disabled are competent to reissue, adjust, suspend or revoke those licenses.

3. Dossiers of application for operation licenses for taking care of the disabled in Vietnam

Dossiers of application for operation licenses for taking care of the disabled in Vietnam under Article 29 of Decree 28/2012/ND-CP are as follows:

- An application for a license for taking care of the disabled comprises:

+ The application for an operation license for taking care of the disabled;

+ A copy of the establishment decision or business registration certificate of the founder;

+ The documents proving the eligibility as prescribed Article 25 of this Decree.

- An application for the adjustment or reissuance of a operation license for taking care of the disabled comprises:

+ A written request for the license adjustment or reissuance;

+ Documents proving the loss or the damage of the operation license for taking care of the disabled;

+ Documents proving change of the name, the head office address, the director, the scale or the contents of the services.

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