Republic of Latvia Cabinet Regulation No. 385 Adopted 27 June 2017

Regulations Regarding the Registration of Social Service Providers

Issued pursuant to
Section 17, Paragraph two of the Law
on Social Services and Social Assistance

I. General Provisions

1. This Regulation prescribes:

1.1. criteria for the registration of social service providers in the Register of Social Service Providers (hereinafter - the Register);

1.2. information to be included in the Register and registration procedures;

1.3. conditions for the exclusion from the Register.

2. The Register forms the part of the State information system "State Social Policy Monitoring Information System" (hereinafter - the State Social Policy Monitoring Information System) under the supervision of the Ministry of Welfare (hereinafter - the Ministry).

3. State and local government authorities, natural and legal persons that provide the social services laid down in the Law on Social Services and Social Assistance (hereinafter - the service provider) shall be registered in the Register.

4. A service provider shall be registered in the Register for a period of five years.

II. Criteria for the Registration of a Service Provider in the Register and Procedures for the Registration

5. If a service provider provides different types of social services (hereinafter - the service), the service provider shall be registered in conformity with each service as an individual service provider.

6. If a service provider has several actual addresses of the provision of services (structural units or branches of the service provider are situated in different places), the service provider shall be registered based on each place of the provision of services as an individual service provider.

7. If social work service providers (social service offices of local governments) have remote client service centres where the reception of clients is ensured, the basic place of the provision of the social work service shall be registered as the service provider, also indicating the address of each remote client service centre in the Register.

8. In order to register a service provider, the head thereof shall submit an application for the registration of a social service provider (hereinafter - the application) (Annex 1) and the documents referred to in the application to the State Social Policy Monitoring Information System by using the authentication possibilities of the shared module for the identification of a person under the supervision of the State Regional Development Agency and by filling in the online form for the e-service "Registration of a Social Service Provider" available on the website of the Ministry (http://www.lm.gov.lv/). If the service provider only plans to start the provision of services, the following conditions shall be complied with upon filling in the application form:

8.1. Sub-paragraph 7.1 and Paragraphs 12 and 13 of the form can be left empty;

8.2. the list and number of specialists intended for the provision of services shall be specified in Sub-paragraph 7.2 of the form;

8.3. the intended organisational structure of the service provider shall be specified in Sub-paragraph 7.3 of the form.

9. If the service provider has submitted a partially filled in application in accordance with Paragraph 8 of this Regulation, the service provider has an obligation to start the provision of services within six months after the decision on the registration of the service provider is taken by informing thereon the Ministry one month in advance and to submit a completely filled in application (Annex 1).

10. If the service provider provides several services subject to registration, the Ministry shall assess each service individually. If no specific requirements for the relevant service type are laid down in the laws and regulations governing the field of the provision of social services, the Ministry shall assess the compliance of the service provider with general requirements only.

11. The Ministry shall take the decision to postponement the deadline for the review of the application for a period of up to 10 working days by specifying the deadline within which the submitted documents must be formulated more precisely or information must be provided, if:

11.1. all documents specified in the application were not submitted;

11.2. submitted documents were not completed in conformity with the requirements referred to in this Regulation or the articles of association or by-laws of the service provider do not specify that the service provider provides the services referred to in the application;

11.3. the structure or group of premises of the service provider where it is intended to provide the service has not been accepted for service or the type of use registered in the Information System of the State Immovable Property Cadastre does not comply with the provision of the service;

11.4. reasonable doubt has arisen to the Ministry regarding the veracity of information.

12. In order to ensure the implementation of the functions referred to in this Regulation, the Ministry has the right to receive information from the following State information systems:

12.1. from the State Land Service in online data transfer mode - data of the National Address Register Information System (data of the address classifier) and data of the Information System of the State Immovable Property Cadastre structured in information blocks;

12.2. from the Register of Enterprises - a statement on a legal person and a statement on a natural person regarding the data of the Insolvency Register, articles of association or by-laws.

13. Prior to taking the decision to register or re-register the service provider, the Ministry has the right to perform an inspection of the service provider at the place for the provision of the service regarding ensuring the requirements laid down in laws and regulations for the relevant social service provider.

14. The Ministry shall assess the compliance of the service provider with the requirements laid down in the Law on Social Services and Social Assistance and the laws and regulations regarding requirements for social service providers and shall take one of the following decisions within one month after receipt of the documents referred to in Paragraph 8 of this Regulation:

14.1. decision to register the service provider by making the relevant entry in the Register;

14.2. decision to refuse to register the service provider in the cases referred to in Paragraph 15 of this Regulation.

15. The Ministry shall take the decision to refuse to register the service provider, if:

15.1. the service is not a social service within the meaning of the Law on Social Services and Social Assistance;

15.2. the documents and information requested additionally by the Ministry are not submitted within the specified deadline or they are not relevant, or a substantiated request to extend the deadline for the submission of documents is not received from the service provider;

15.3. false information has been provided;

15.4. the service provider does not comply with the requirements laid down in laws and regulations for the relevant social service provider, including failure to ensure compliance with fire safety, work safety or hygiene requirements;

15.5. the structure or group of premises of the service provider where it is intended to provide the service has not been accepted for service or the type of use registered in the Information System of the State Immovable Property Cadastre does not comply with the provision of the service.

16. If within one month after receipt of the application from the service provider the Ministry does not request additional information and documents, does not take and notify the decision to refuse to register the service provider, it shall be regarded that the service provider has been registered in the Register.

17. Upon a request of the service provider (if it is specified in the application) and by means chosen by it, the Ministry shall send the registration certificate (Annex 2) to the service provider.

III. Information to be Included in the Register

18. The following information shall be entered in the Register regarding a service provider:

18.1. registration number and date (if the service provider is a structural unit or a branch - the registration number of the private individual, State institution, local government or another institution having established the structural unit or the branch);

18.2. name of the service provider;

18.3. legal address and the address where the service is provided;

18.4. legal status of the service provider;

18.5. telephone number, electronic mail address, website (if any);

18.6. form of the provision of the service;

18.7. service to be provided;

18.8. client group according to age and gender;

18.9. client group to which the service is provided;

18.10. general information regarding the service provider (the number of service recipients, information on the premises shall be specified);

18.11. given name, surname and position of the head of the service provider;

18.12. if the service provider is a structural unit or a branch - the given name, surname and position of the private individual or the head of the State institution, local government or another authority having established it.

19. In addition to the information referred to in Paragraph 18 of this Regulation, the Ministry shall record the date of taking the decision and number thereof in the Register, and also one or several registration codes assigned to the service provider. The registration code shall be composed in accordance with the following requirements:

19.1. the first part is the code (seven characters) assigned to the administrative territory and the territorial unit in accordance with the Classifier of Administrative Territories and Territorial Units (CATTU) of the Republic of Latvia;

19.2. the second part is the code assigned in accordance with the Statistical Classification of Products by Activity (CPA);

19.3. the third part is the code of the service provider in accordance with Annex 3 to this Regulation.

20. The Ministry shall publish the list of the registered service providers on the website of the Ministry (http://www.lm.gov.lv) by defining metadata in the open data portal. The information referred to in Paragraph 18 of this Regulation shall be included in the list, except for the information referred to in Sub-paragraph 18.10 of this Regulation.

21. The Ministry shall publish the list of service providers excluded from the Register on the website of the Ministry (http://www.lm.gov.lv) by defining metadata in the open data portal. The following shall be included in the list:

21.1. the name and registration number of the service provider;

21.2. legal status of the service provider;

21.3. the date of exclusion of the service provider or the provided service and justification for exclusion.

IV. Suspension of the Provision of Services and Exclusion of a Service Provider from the Register

22. If the service provider submits an application for the suspension of the provision of the service to the Ministry, the Ministry shall, within 14 working days, make an entry in the Register regarding suspension of the activity of the service provider for the period indicated by the service provider, but not longer than for a period of six months.

23. Following the receipt of an application for resumption of the provision of the service from the service provider, the Ministry shall take the decision to restore the activity of the service provider, and shall make changes in the Register by deleting the entry "activity suspended".

24. The Ministry shall take the decision to exclude the service provided by the service provider from the Register, if:

24.1. an application has been received from the service provider for its exclusion from the Register;

24.2. service provider has ceased its activities;

24.3. service provider does not conform to the requirements laid down in laws and regulations for social service providers;

24.4. service provider has been subject to administrative sanctions due to non-compliance with the requirements laid down in laws and regulations for social service providers or due to failure to ensure the quality of social services that poses or may pose direct threat to safety or health of a social service recipient and has not eliminated the deficiencies identified within the time period laid down by the Ministry;

24.5. the structure or group of premises of the service provider where the service is provided has been reconstructed and the deed on putting into service has not been drawn up or the type of use thereof has been changed and the type of use registered in the Information System of the State Immovable Property Cadastre does not conform to the provision of the service;

24.6. a court decision on the suspension, termination of economic activity or insolvency of the service provider has entered into effect;

24.7. the Ministry has established that false information has been provided by the service provider;

24.8. after suspension of the activity the service provider has failed to provide information on the restoration of the provision of the service within the time period laid down in Paragraph 22 of this Regulation;

24.9. service provider has failed to submit the documents indicated in Paragraph 31 of this Regulation and the information on the provision of the service.

25. The Ministry shall take the decision to exclude the service provider from the Register within one month following the day when the setting in of the facts referred to in Paragraph 24 of this Regulation has become known to the Ministry.

26. If the service provider has been excluded from the Register, the head of the service provider has an obligation to hand over to the Ministry the relevant registration certificate, if such has been issued.

27. The head of a registered service provider has an obligation to inform the Ministry within 10 working days of the suspension, termination of the activity of the service provider, changes in the legal status thereof or organisation and provision of services (name, address where the service is provided, number of clients, client group, clients according to age and gender) and also of changes in the details of the service provider (legal address, telephone number, electronic mail address, website, head of the service provider) by submitting the relevant application for changes and documents attesting the changes.

28. The Ministry shall evaluate the documents referred to in Paragraph 27 of this Regulation and within 14 working days shall:

28.1. take the decision on changes by making the relevant entry in the Register if the address where the service is provided or the form, legal status, name, number of clients, client group, clients according to age and gender have changed;

28.2. make the relevant entry in the Register regarding changes in the details of the service provider.

29. Not later than one month prior to the expiry of the five-year period, the service provider who continues to provide the service registered in the Register has an obligation to submit an application for the re-registration of the service provider (Annex 4) and the documents referred to therein to the Ministry.

V. Closing Provisions

30. For the purpose of updating information and re-registration in the Register, the service providers which have been registered in the Register until 30 June 2017 shall submit the application referred to in Annex 4 to this Regulation and the documents referred to therein to the Ministry. The application shall be submitted within the time period laid down in Paragraph 31 of this Regulation.

31. Until 31 December 2022, the Ministry shall re-register service providers within the following time period:

31.1. service providers registered until 31 December 2010 shall be re-registered within the time period from 1 January 2018 to 31 December 2018;

31.2. service providers registered in 2011 shall be re-registered within the time period from 1 January 2019 to 31 December 2019;

31.3. service providers registered in 2012 shall be re-registered within the period from 1 January 2020 to 31 December 2020;

31.4. service providers registered in 2013 shall be re-registered within the period from 1 January 2021 to 31 December 2021;

31.5. service providers registered from 1 January 2014 until the date of coming into force of this Regulation shall be re-registered within the period from 1 January 2022 to 31 December 2022.

32. Service providers shall submit the documents referred to in Paragraph 8 of this Regulation to the Ministry until 31 December 2017 in person, via post or in the form of an electronic document in accordance with the laws and regulations regarding drawing up of electronic documents.

33. From 1 January 2018 to 30 June 2018, the documents referred to in this Regulation may be submitted by service providers to the Ministry in the form specified in Paragraphs 8 and 32 of this Regulation.

34. Until the development of the respective alterations to the software of the Information System of the State Immovable Property Cadastre, the Ministry shall not verify the registration of the deed on putting into service of the structure or group of premises in the above-mentioned system.

Informative Reference to European Union Directive

This Regulation contains legal norms arising from Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market.

Prime Minister Māris Kučinskis

Minister for Welfare Jānis Reirs

 

Annex 1
Cabinet Regulation No. 385
27 June 2017

Application for the Registration of a Social Service Provider

1. Name of the social service provider (in accordance with that laid down in by-laws or articles of association)
2. Registration number of the social service provider (the registration number of the Register of Enterprises or the taxpayer's registration number of the State Revenue Service shall be indicated)
3. Legal address of the social service provider	Address of the place of the provision of the social service
Municipality City Rural territory Village Street Building No./name Apartment No. Postal code	Municipality City Rural territory Village Street Building No./name Apartment No. Postal code
4. Legal status of the social service provider (in accordance with that laid down in by-laws or articles of association)
5. Contact information of the social service provider
Telephone number
E-mail address
Website (if any)
6. Information regarding the social service to be registered (in accordance with that laid down in by-laws or other internal regulatory documents)
6.1. form of the provision of the social service (mark only one option)
with accommodation without accommodation with accommodation and without accommodation
6.2. name of the social service (mark only one option)
long-term social care and social rehabilitation assisted-living respite care crisis telephone and trust telephone social rehabilitation crisis centre occupational rehabilitation shelter night shelter day care centre day centre home care group house (apartment) half-way house service apartment specialised workshop social work service, including the social service office of a local government psychosocial rehabilitation multifunctional social service centre youth house other (specify which) __________________________________________
6.3. clients according to age and gender (mark only one option) (if the service is intended for both the children and persons of legal age, please specify "persons of all ages and genders")
children (girls) children (boys) children (both genders) children residing with parents, relatives, guardians persons of legal age (women) persons of legal age (men) persons of legal age (both genders) persons of all ages and genders
6.4. client group (mark the appropriate)
children who are orphans and children left without parental care persons with mental impairments persons who have suffered from illegal acts persons addicted to psychoactive substances persons in a crisis situation persons with visual disability persons with hearing disability disabled persons with physical impairments persons released from places of imprisonment or persons subject to long-term homelessness victims of human trafficking persons of pensionable age persons with oncologic diseases and their family members children in a palliative care and their family members refugees and persons who have obtained an alternative status other (specify which) __________________________________________
6.5. planned number of clients __________________________________________ (social service offices, social work or care at home service providers shall specify the number of clients serviced per month)
7. General information regarding the social service provider
7.1. information on the head of the social service provider (if a legal entity is registered, CV and copies of documents attesting the relevant education of the head shall be submitted; if a structural unit/branch is registered, CV and copies of documents attesting the relevant education of the head of the structural unit/branch shall be submitted) (if the service provider only plans to start the provision of services, this Sub-paragraph can be left empty) 7.2. total number of specialists involved in the provision of services _____________ (append the list of specialists and specify the education appropriate for the position of each specialist) (if the service provider only plans to start the provision of services, the list and number of specialists intended for the provision of services shall be specified in this Sub-paragraph) 7.3. submitted documents (mark the submitted documents) (if the service provider only plans to start the provision of services, the intended organisational structure of the service provider shall be specified in this Sub-paragraph): documents on the content and process of the service to be provided (by-laws of the service, binding regulations, etc.) organisational structure scheme (if it is a structural unit/branch, the legal entity having established it shall also be specified) procedures or rules of procedure, instructions, etc. for data protection rules of working procedure or documents describing the organisation of the work at the institution, etc. other significant documents 7.4. information on the premises of the social service provider: a copy of the plan of premises from the inventory file or cadastral survey file of the structure (there must be a reference to the total area of the premises which is used for the provision of the service; in the event of rebuilding, the current document shall be submitted) a document attesting that the structure or group of premises has been accepted for service (it shall be submitted if the structure or group of premises has been reconstructed or it is a newly erected structure) a description of premises containing precise indications of the functionality of each room 7.5. information on cadastre designation, area and type of use of the structure or group of premises of the service provider: (information shall be specified if the service provider is located in a non-residential structure(-s) or group(-s) of premises available to the public) cadastre designation(-s) of the structure(-s) __________________________________________ total area of the structure(-s) m2 __________________________________________ (please specify if the service provider is located in the entire structure) cadastre designation(-s) of the group(-s) of premises __________________________________________ total area of the group(-s) of premises m2 __________________________________________ (it shall be specified if the service provider is located in one or several groups of premises of the structure)p> type of use of the group(-s) of premises in accordance with the cadastre __________________________________________ 7.6. adaptability of the premises and territory to persons with movement disorders (adaptability of the premises and territory to persons with movement disorders shall be specified)
8. I hereby certify that: 8.1. the social service provider conforms to the requirements laid down in the laws and regulations regarding fire safety and labour safety 8.2. the social service provider conforms to the requirements laid down in the laws and regulations regarding hygiene requirements 8.3. the social service provider conforms to the requirements laid down in the laws and regulations regarding high-quality food supply chain that is safe to human health, life and the environment 8.4. the type of use of the place where the service is provided (the structure or group of premises) conforms to the provision of social services and such has been registered in the Information System of the State Immovable Property Cadastre (by signing the application the head of the service provider shall take responsibility for ensuring the abovementioned Paragraphs that apply to the provision of the relevant service)
9. I want/do not want to receive the registration certificate of the social service provider (underline as appropriate)
10. I would like to receive the documents related to the registration (mark only one option): by e-mail by post in person
11. I hereby certify I have provided true and complete information necessary for the registration. I am aware that I may be held liable in accordance with laws and regulations for the provision of false information. I hereby agree that: the service shall be registered in the Register of Social Services Providers after receipt of all necessary documents the necessary information that is at the disposal of State authorities shall be obtained and verified by the Ministry independently
12. Head of the social service provider   (given name, surname) Personal identity number -   (if the service provider only plans to start the provision of services, this Paragraph can be left empty)
13. If the social service provider is a structural unit or a branch, the head of the legal entity having established it (given name, surname) Personal identity number -   (if the service provider only plans to start the provision of services, this Paragraph can be left empty)
14. Applicant (position, given name, surname, and signature of the applicant*) Date* |___|___|.|___|___|.|___|___|___|___|   (day) (month) (year)

Note. * The details of the form "signature" and "date" shall not be completed if the electronic document has been drawn up in accordance with the laws and regulations regarding drawing up of electronic documents or if the document is submitted to the State Social Policy Monitoring Information System (SSPMIS).

Minister for Welfare Jānis Reirs

 

Annex 2
Cabinet Regulation No. 385
27 June 2017

Sample of a Registration Certificate

Large coat of arms of the State of Latvia
Republic of Latvia
Ministry of Welfare

Registration Certificate of a Social Service Provider

Riga,			No.
	(registration date)

1.
	(name of the social service provider)
2.
	(address of the place of the provision of social services)
3.
	(registered social service)

Official of the Ministry of Welfare
(position, given name, surname, and signature*)
	Place for a seal*

Note. * The details of the document "signature" and "place for a seal" shall not be completed if the electronic document has been drawn up in accordance with the laws and regulations regarding drawing up of electronic documents.

Minister for Welfare Jānis Reirs

 

Annex 3
Cabinet Regulation No. 385
27 June 2017

Explanation of the Third Part of the Code for a Social Service Provider

Item 1	Item 2	Item 3
01 - long-term social care and social rehabilitation 02 - social rehabilitation 03 - crisis centre 04 - occupational rehabilitation 05 - shelter 06 - night shelter 07 - day care centre 08 - home care 09 - group house (apartment) 10 - half-way house 11 - service apartment 12 - specialised workshops 13 - social work service, including the social service office of a local government 14 - youth house 15 - psychosocial rehabilitation 16 - multifunctional social service centre 17 - assisted-living 18 - respite care 19 - crisis telephone and trust telephone 20 - day centre 99 - other	01 - girls 02 - boys 03 - children (both genders) 04 - children residing with parents, relatives, guardians 05 - persons of legal age (women) 06 - persons of legal age (men) 07 - persons of legal age (both genders) 08 - persons of all ages and genders	01 - children who are orphans and children left without parental care 02 - persons with mental impairments 03 - persons who have suffered from illegal acts 04 - persons addicted to psychoactive substances 05 - persons in a crisis situation 06 - persons with visual disability 07 - persons with hearing disability 08 - disabled persons with physical impairments 09 - persons released from places of imprisonment or persons subject to long-term homelessness 10 - victims of human trafficking 11 - persons of pensionable age 12 - persons with oncologic diseases and their family members 13 - children in a palliative care and their family members 14 - refugees and persons who have obtained an alternative status 99 - others

Minister for Welfare Jānis Reirs

 

Annex 4
Cabinet Regulation No. 385
27 June 2017

Application for the Re-registration of a Social Service Provider

1. Name of the social service provider (in accordance with that indicated in by-laws or articles of association)
2. Registration number of the social service provider (the registration number of the Register of Enterprises or the taxpayer's registration number of the State Revenue Service shall be indicated)
3. Legal address of the social service provider		Address of the place of the provision of the social service
Municipality City Rural territory Village Street Building No./name Apartment No. Postal code		Municipality City Rural territory Village Street Building No./name Apartment No. Postal code
4. Legal status of the social service provider (in accordance with that laid down in by-laws or articles of association)
5. Contact information of the social service provider
Telephone number
E-mail address
Website (if any)
6. General information regarding the social service provider
6.1. information regarding the head (given name, surname) 6.2. total number of specialists involved in the provision of services  (please append the list of specialists by specifying the education appropriate for the position of each specialist) 6.3. number of service recipients __________________________________ (social service offices, social work or care at home service providers shall specify the number of clients serviced per month) 6.4. documents submitted updated documents on the content and process of the service to be provided (by-laws, rules of procedure, binding regulations, etc.) a copy of the plan of premises from the inventory file or cadastral survey file of the structure (there must be information regarding the owner or manager of the premises and also information regarding the total area of the premises used for the provision of the service; if they have been reconstructed, the most current document shall be submitted) a description of premises containing precise indications of the functionality of each room
7. I hereby certify that: 7.1. the social service provider conforms to the requirements laid down in the laws and regulations regarding fire safety and labour safety 7.2. the social service provider conforms to the requirements laid down in the laws and regulations regarding hygiene requirements 7.3. the social service provider conforms to the requirements laid down in the laws and regulations regarding high-quality food supply chain that is safe to human health, life and the environment, if catering is arranged in the premises of the provision of the service 7.4. the type of use of the place where a service is provided (the structure or group of premises) conforms to the provision of social services and such has been registered in the Information System of the State Immovable Property Cadastre (by signing the application the head of the service provider shall take responsibility for ensuring the abovementioned Paragraphs)
8. I would like to receive the documents related to the re-registration (mark only one option): by e-mail by post in person
9. I hereby certify that I have provided true and complete information necessary for the re-registration. I am aware that I may be held liable in accordance with laws and regulations for the provision of false information
10. Head of the social service provider   (given name, surname) Personal identity number -
11. If the social service provider is a structural unit or a branch, the head of the legal entity having established it (given name, surname) Personal identity number -
12. Applicant (position, given name, surname, and signature of the applicant*) Date* |___|___|.|___|___|.|___|___|___|___|   (day) (month) (year)

Note. * The details of the form "signature" and "date" shall not be completed if the electronic document has been drawn up in accordance with the laws and regulations regarding drawing up of electronic documents.

Minister for Welfare Jānis Reirs

 

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