06 cases of withdrawal of elderly-caretaking operation permits in Vietnam

06 cases of withdrawal of elderly-caretaking operation permits in Vietnam (Internet image)

According to Article 14 of Decree 06/2011/ND-CP, elderly-caretaking establishments which, in the course of operation, fail to fully meet the conditions defined in Article 9 of this Decree, shall be suspended from operation until the operation conditions are fully met.

In addtition, the elderly- caretaking operation permit may be withdrawn in the following cases in Vietnam:

• It is granted to the establishment ultra vires or in contravention of law;

• The establishment does not operate within 12 months after obtaining the permit;

• The establishment changes its operation purposes;

• The establishment still fails to fully meet the prescribed conditions after the suspension duration terminates;

• The establishment commits violations and is administratively sanctioned three limes within 12 months;

• The organization or individual that has set up the establishment dissolves or goes bankrupt while such establishment does not satisfy the law-established operation conditions.

Elderly-caretaking establishments are obliged to deal with the elderly's interests when they are suspended from operation or have their operation permits withdrawn.

Regarding the liability to suspend and withdraw permits for elderly-caretaking operations in Vietnam

• When detecting cases defined in Clause 2. Article 14 of this Decree, provincial-level Departments of Labor. War invalids and Social Affairs or district-level Sections of Labor. War Invalids and Social Affairs shall withdraw the elderly -caretaking operation permits they have respectively granted.

• If establishments are detected to no longer meet the prescribed conditions, provincial-level Departments or district-level Sections of Labor. War Invalids and Social Affairs shall, depending on the nature and severity of violations, issue decisions on partial or full suspension from elderly-caretaking operations for given periods of time under the permits they have respectively granted

More details can be found in Decree 06/2011/ND-CP, which comes into force from March 1, 2011.

Thuy Tram

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