What are the regulations on the standards for social support facilities in Vietnam? Tran Hoang (Can Tho, Vietnam)
Standards for social support facilities in Vietnam (Internet image)
Regarding this issue, LawNet would like to answer as follows:
According to Article 2 of Decree 103/2017/ND-CP, social support facilities refer to both public and private social support facilities (hereinafter referred to as the “facility").
- A public social support facility is established, managed and invested by a state agency that shall provide funding for all operations of this facility.
- A private social support facility is established, managed and invested by a domestic or foreign individual, or organization, or enterprise, that shall provide funding for all operations of this facility.
- The environment and precinct of the establishment shall maintain the following standards:
+ The establishment must be located in a place convenient for traffic access; the environment must have trees and fresh air which are beneficial for the health of beneficiaries;
+ There must be a drainage system, garbage dump and appropriate measures for garbage and waste treatment;
+ The establishment gate must have a sign with clear name and address; fence and lighting to ensure the safety of the establishment;
+ There are rooms/houses for funeral and burning incenses for deceased beneficiaries;
+ For establishments in rural and mountainous areas, there is at least one garden, flagpole and space suitable for beneficiaries to work out, play sports and have jolly time. If there are ponds and lakes, they must be fenced and adequately safe for beneficiaries; there must be land to do farming for daily life and activities at the establishment; cattle and poultry breeding areas must be far away from offices and houses.
- Facilities of the establishment must meet the following standards:
+ The system of offices and houses must be solid, adequately secured and hurricane-proof;
+ Doors and windows provide adequate natural light and ventilation;
+ Systems in the establishment must be adequately safe for the beneficiaries, including the proper installation of electrical, gas and drainage systems;
+ Toilets, bathrooms are suitable for all groups of people, including people with disabilities; separate toilets and bathrooms are in place for women;
+ Sleep and rest places for beneficiaries are arranged suitably with their age and gender;
+ There must be a common living area for beneficiaries in their free time;
+ There must be pleasure areas, production areas and labor therapy areas for the beneficiaries;
+ There must be common kitchen and dining rooms for beneficiaries;
+ There must be infirmaries to provide primary health care for the beneficiaries;
+ There must be necessary equipment for the disabled, the elderly and children;
+ Works and equipment must be accessible to people with disabilities, the elderly and children.
(Article 7 of Circular 33/2017/TT-BLDTBXH)
The establishment must ensure that beneficiaries are cared according to the following standards:
- Health care:
The establishment must have health workers, appropriate medical equipment and devices and medicine cabinets to ensure primary and first-aid health care when necessary; provide treatment and open logbook; provide regular checkups every 6 months and every year for each beneficiary. For establishments having the rehabilitation duty, there must be rehabilitation workers and equipment for the beneficiaries.
- Hygiene and domestic appliances:
+ Provide sufficient clean drinking water and ensure daily bathing and washing for beneficiaries;
+ Provide personal hygiene items, including bath soap, towels, face towels, toothpaste and a separate toothbrush;
+ Provide bedroom furniture sets, including, beds, mats, pillows, blankets, mosquito nets;
+ There are separate rules of social support establishments that provide for cleaning and personal hygiene.
- Clothes:
Beneficiaries are provided with school uniforms (for children of school age), socks and slippers are provided at least every 6 months and are replaced in case of damage, loss and pants; and are provided clothes which are warm enough in winter.
- Nutrition:
+ Provide at least three meals (breakfast, lunch and dinner) per day;
+ Ensure adequate calories, protein (meat, fish, soy, carbohydrates, cereals, vegetables);
+ There is a special nutrition regime for those with special needs such as infants, children with disabilities, children infected with HIV, children who are sick or malnourished, elderly people and those who have a diet based on disease, religion or belief.
(Article 8 of Circular 33/2017/TT-BLDTBXH)
The establishment shall ensure the provision of education (for beneficiaries who are capable of learning); vocational training (for children from 13 years and older and those who have working capacity and need to learn vocation), in specific:
- Ensuring the universalization of education as provided for in Clause 2, Article 1 of the Law on amendments to the Law on Education dated November 25, 2009.
- Providing formal or non-formal education in public, people-founded schools or social support establishments.
- Educating beneficiaries about social ethics, hygiene, HIV/AIDS prevention and control, reproductive health and other topics suitable to their age and gender.
- Providing guidance for the beneficiaries on methods of self-defense and prevention of human trafficking, abuse, violence and exploitation.
- Providing textbooks, learning materials and arrange study places for beneficiaries.
- Giving counsel for beneficiaries to make self-selection of vocational training appropriate to their abilities and local conditions.
- Supporting beneficiaries with further study or vocational training depending on their age, choice and market demand.
(Article 9 of Circular 33/2017/TT-BLDTBXH)
The establishment shall ensure that:
- Education:
+ Beneficiaries are provided with a cultural environment that cares about, shares and supports beneficiaries to show affection, thoughts, ideas and creativity;
+ Beneficiaries have opportunity to participate in religious and social activities;
+ Beneficiaries may study traditional ethnic culture and have freedom of religion and belief within the framework of Vietnamese law;
+ Beneficiaries have the right to choose a religion without being discriminated against or being forced to follow a religion to be cared for in the establishment.
- Physical training, sports, recreation and entertainment:
+ Beneficiaries may participate in physical activities, sports, recreation and entertainment suitable for ages and people in the community; people with disabilities are supported to participate safely in the above activities;
+ Beneficiaries are helped to make friends with people living in the neighborhood, school friends and community; meet with family or relatives, except for some cases that might threaten the safety of the beneficiaries.
(Article 10 of Circular 33/2017/TT-BLDTBXH)
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