Charter

Unofficial translation

Decree of the President of the Azerbaijan Republic on ensuring the activity of the Agency for Sustainable and Operative Social Provision

Under item 32 of Article 109 of the Constitution of the Azerbaijan Republic as well as following the Decree of the President of the Azerbaijan Republic on “Additional measures to improve governance in the field of employment, labor, social protection and provision” I, hereby, resolve as follows:

Approve "Charter of the Agency for Sustainable and Operative Social Provision" (appended hereto).
Approve "Structure of the Agency for Sustainable and Operative Social Provision" (appended hereto).
Approve “List of services to be provided by “DOST” centers” (appended hereto).
Approve “Rules of the “DOST” centers’ service delivery” (appended hereto).
Stipulate the following:

5.1. Charter fund of the Agency for Sustainable and Operative Social Provision (hereinafter referred to as DOST Agency) shall constitute 10,0 (ten) million manats allocated from the state budget;

5.2. The DOST Agency's staffing table shall comprise 312 employees;

5.3. Considering the volume of services to be provided by the “DOST” centers, the Ministry of Labor and Social Protection of Population of the Azerbaijan Republic shall determine the number of staffing table of “DOST” centers.

The following sources shall fund the maintenance costs and activities of DOST Agency and “DOST” centers:

6.1. the state budget;

6.2. the revenues generated from the activities of DOST Agency;

6.3. the budget of the Unemployment Insurance Fund;

6.4. the budget of the State Social Protection Fund under the Ministry of Labor and Social Protection of Population of the Azerbaijan Republic (hereinafter referred to as State Social Protection Fund);

6.5. allots from the funds transferred to the account of the Ministry of Labor and Social Protection of Population of the Azerbaijan Republic ensuing from fines imposed for violation of the Labor Code of the Azerbaijan Republic, the Laws of the Azerbaijan Republic “On Employment” and “On Unemployment Insurance”, as well as financial sanctions applied under the Law of the Azerbaijan Republic “On Social Insurance”;

6.6. loans, grants, and donations;

6.7. other legal sources of income.

The Cabinet of Ministers of the Azerbaijan Republic shall:

7.1. prepare and submit within two months to the President of the Azerbaijan Republic proposals on the legal framework for the delivery of paid services at “DOST” centers;

7.2. prepare and submit within three months to the President of the Azerbaijan Republic proposals on bringing the acts of the President of the Azerbaijan Republic into compliance with this Decree;

7.3. ensure within three months compliance of normative legal acts of the Cabinet of Ministers of the Azerbaijan Republic with this Decree and inform the President of the Azerbaijan Republic accordingly;

7.4. approve within one month the “Model Charter of “DOST” centers”, subject to the approval of the President of the Azerbaijan Republic;

7.5. monitor within five months the process of bringing the normative legal acts of central executive bodies into compliance with this Decree and inform the President of the Azerbaijan Republic accordingly;

7.6. address all other issues arising from this Decree.

The Ministry of Labor and Social Protection of Population of the Azerbaijan Republic shall:

8.1. apply to the Ministry of Taxes of the Azerbaijan Republic to ensure state registration of the Agency under the Law of the Azerbaijan Republic “On state registration and state register of legal entities” within 3 (three) days after approval of its charter and structure;

8.2. ensure the establishment of “DOST” centers public legal entities;

8.3. approve within three months the administrative regulation on the delivery of services by “DOST” centers in coordination with the relevant agencies of the Ministry and inform the President of the Azerbaijan Republic accordingly;

8.4. ensure jointly with the Ministry of Economy of the Azerbaijan Republic, inclusion of measures related to the establishment of “DOST” centers in the annually compiling “Public Investment Program”;

8.5. ensure jointly with the Ministry of Finance of the Azerbaijan Republic, incorporation of the maintenance costs of the Agency, the number of “DOST” centers, as well as the volume of services they will provide into the annually approved state budget, the budget of the unemployment insurance fund, and budget of the State Social Protection Fund;

8.6. submit within six months to the President of the Azerbaijan Republic proposals on improving the activities of the Agency’s subordinate entities, strengthening its logistical support, and stimulating the work of its employees;

8.7. address all other issues arising from this Decree.

Under the item 8.2 of this Decree, the powers of the “DOST” centers' founder specified in Article 8.2 of the Law of the Azerbaijan Republic "On Public Legal Entities" shall cover the approval of the “DOST” center's charter, the amount of the charter fund, the establishment of executive bodies, and determination of their competencies, whereas the Ministry of Labor and Social Protection of the Azerbaijan Republic shall be responsible for reorganization and liquidation, and the Agency for other issues.
The Ministry of Finance of the Azerbaijan Republic shall provide the financing in the amount specified in the item 5.1 of this Decree.
The Ministry of Justice of the Azerbaijan Republic shall ensure compliance of normative legal acts and normative acts of central executive bodies with this Decree and inform the Cabinet of Ministers of the Azerbaijan Republic accordingly.

Ilham Aliyev

President of the Azerbaijan Republic

Baku, 10 December 2018

№ 387

Charter of the Agency for Sustainable and Operative Social Provision

Approved by the Decree № 387 of the President of the Azerbaijan Republic

dated December 10, 2018

General provisions
- The Agency for Sustainable and Operative Social Provision (hereinafter referred to as - Agency) is the public legal entity ensuring the provision of services (hereinafter referred to as - Services) at “DOST” Centers under the list determined by the President of the Azerbaijan Republic. The Agency shall ensure the management, monitoring, and evaluation of “DOST” Centers’ activities as well as provide services in the field of employment, labor, social protection and provision, and other areas (hereinafter referred to as - relevant field) of activity conducted by the Ministry of Labor and Social Protection of Population the Azerbaijan Republic (hereinafter referred to as - Ministry).
- The Agency shall operate under the Ministry.
- The Agency's activity shall be governed by the Constitution of the Azerbaijan Republic, international treaties to which the Azerbaijan Republic is a party, laws of the Azerbaijan Republic, this Charter, other decrees and acts of the President of the Azerbaijan Republic, resolutions, and acts of the Cabinet of Ministers of the Azerbaijan Republic, as well as resolutions, orders and acts of the Ministry.
- In implementing its duties and rights under this Charter, the Agency shall interact with state and local self-government bodies, trade unions, international and non-governmental organizations, other legal entities, and physical persons.
- The Agency shall be engaged in nationwide and public activities. The Agency may engage in entrepreneurial activities to achieve the goals defined in this Charter.
- The Agency shall have an independent balance sheet, property, treasury and bank accounts, logo (emblem), stamp reflecting the name of the Ministry of Labor and Social Protection of Population of the Azerbaijan Republic and its name, relevant seals, and letterheads.
- The Agency shall be authorized to enter into transactions as well as acquire and exercise property and non-property rights and obligations as well as take legal action or act as a claimant or defendant in court.
- The Agency shall be based in the city of Baku.

The Agency's aims and areas of activity
- The Agency's purpose is to provide services throughout “DOST” Centers, including their management, monitoring, and evaluation of the their activity as well as to ensure the development, improvement, and increase of transparency in the provision of services to legal entities and physical persons.
- The Agency shall implement the following activities:
  - manage “DOST” Centers as well as monitor and evaluate their performance;
  - ensure compliance of the services provided by “DOST” Centers with the principles of the single window, efficiency, citizen satisfaction, transparency, courtesy, responsibility, and convenience;
  - ensure the development of DOST Centers, improvement of the quality of services they provide, implementation and promotion of electronic services as well as the application of innovations;

2.2.3-1. ensure the execution of duties arising from this Charter in the field of adoption;

undertake measures to improve performance and increase transparency in the relevant field.

The Agency’s duties and rights
- The Agency shall have the following responsibilities in the areas of activity defined in this Charter:
  - to ensure the activity and management of “DOST” Centers;
  - to ensure compliance of the services provided by “DOST” Centers under the principles of single window, efficiency, citizen satisfaction, transparency, courtesy, responsibility, and convenience as well as submit proposals on the activities to be implemented by the Ministry's subordinate entities at “DOST” Centers and ensure the provision of these services in coordination with the Ministry's subordinate entities;
  - to supervise the activity of “DOST” Centers;
  - to evaluate the performance of “DOST” Centers and simplify procedures as well as develop proposals to improve the quality of services they provide and take measures to implement these proposals;
  - to ensure measures the provision of mobile services by “DOST” Centers;
  - to coordinate the activities of state entities and agencies, local self-government bodies, legal entities, and physical persons in the relevant field;
  - to conduct analyses as well as prepare summaries and analytical reports;
  - to conduct surveys among people in need of social protection and provision and study their problems as well as prepare proposals relating to the protection of their rights and meeting their needs;
  - to participate together with the relevant entities of the Ministry in the development, improvement, and implementation of general conditions, forms, and mechanisms of social protection and provision;
  - to participate in the preparation and implementation of draft normative legal acts related to the relevant field;
  - to prepare proposals on the provision of the full scope of electronic services in the relevant field and participate in their implementation;
  - to consider the requests/applications for the services provided by “DOST” Centers to decide whether it is possible to make real-time decisions with regards to such requests/applications;
  - to create jointly with the Ministry’s relevant structural divisions information systems for the provision of electronic services in the relevant field and ensure their operation and integration with other public information systems;
  - to ensure workflow management and reception of citizens following the requirements of relevant normative legal acts;
  - to take measures to provide employees with additional training and professional development opportunities, including the organization of courses on ethical conduct for employees serving citizens at “DOST” Centers as well as training courses to enhance skills in managing the flow of citizens, customer care, active listening, and explanation skills and etc.;
  - to implement projects and programs aimed at improving the services provided by “DOST” Centers to citizens in the relevant field; to this effect, cooperate with relevant public and private financial institutions as well as legal and physical persons;
  - to make regular and effective use of media outlets to provide the population with explanatory and informative updates on relevant normative legal acts related to the services provided by “DOST” Centers;
  - to engage volunteers (especially young professionals and students) in the activities of “DOST” Centers and take measures to encourage them as well as cooperate with educational institutions to that end;
  - to ensure the protection of state and commercial secrecy, and confidentiality;
  - to inform the population about its activities and launch a website to publish data along with the list of public information that can be legally disclosed and ensure the constant update of information;
  - to make use of mass media and social networks to promptly inform the population about the activities and services of the Ministry, Agency, and “DOST” Centers as well as establish a “Call Center” and organize its effective operation;
  - to make proposals on training professional employees and development of curricula related programs to the relevant areas of activity as well as participate in their implementation;
  - to take measures to improve the structure and activities of the Agency;
  - to hold tenders and conclude contracts following the procedure established by law for the purchase of goods (works and services) related to its activities as well as meet the needs in the relevant field;
  - to research issues related to the relevant areas of activity as well as establish working groups and commissions;
  - to ensure the efficient use of budget funds, loans, grants, and other financial resources allocated for the relevant field;
  - to consider incoming appeals under the Laws of the Azerbaijan Republic “On Citizens' Appeals”, “On Administrative Proceedings,” and “On Access to Information” as well as take appropriate measures following legally established procedures;
  - to ensure the Agency’s information provision and information security;
  - to perform other duties defined in this Charter.
- The Agency shall have the following rights to perform duties specified in this Charter:
  - to make proposals to the Ministry on the effective activity of “DOST” Centers, including the improvement of the list of services provided by “DOST” Centers;
  - to submit relevant proposals on the adoption of a draft normative legal acts related to the relevant field, including amendments, interpretation, suspension, or termination of these acts;
  - to make proposals on the accession of the Azerbaijan Republic to international agreements related to the relevant field;
  - to cooperate with international organizations and relevant foreign state bodies (institutions) to study the international relevant best practice and possibilities of its application in the relevant field;
  - to hold international events dedicated to the relevant field in the Azerbaijan Republic;
  - to establish appropriate development centers and foundations under the Agency or “DOST” Centers to hold training sessions, consultations, and provide information services in the relevant field;
  - to organize promotional events and competitions in the relevant field and award the winners;
  - to prepare proposals on the application of innovations in the provision of services related to the relevant field and participate in their implementation as well as ensure cooperation in this field with relevant state bodies (institutions), legal entities, educational and scientific institutions, and entities;
  - to provide paid services to citizens (except for the guaranteed volume of social services provided at the expense of the state budget to persons (families) in difficult living conditions) on a contractual basis, including mobile services;
  - to cooperate with educational, scientific institutions and organizations to implement statistical and analytic research required to ensure the development of the relevant field;
  - to monitor infrastructure facilities and services related to the relevant field and make proposals regarding their development and improvement;
  - to create a database of qualified personnel in the relevant field;
  - to hold conferences, meetings, workshops, and other events on issues related to the relevant areas of activity;
  - to interact with other government agencies (institutions) in the relevant field, including the use of existing infrastructure and network to provide services to citizens and promote social innovation and employment;
  - to provide the employees of the Agency and “DOST” Centers with binding instructions and take other measures arising from such instructions;
  - to request and receive necessary information (documents) from state bodies and agencies, local self-government bodies, legal entities, and physical persons;
  - to provide opinions and suggestions related to the relevant areas of activity;
  - to ensure the engagement of independent experts and specialists in its activities under the legislation;
  - to nominate employees for state awards and other rewards, and take appropriate measures to encourage them;
  - to establish commercial entities on issues related to the relevant areas of activity and participate in their transactions;
  - to engage employees of the Ministry’s other subordinate agencies in the provision of services by “DOST” Centers and make proposals to stimulate and increase salary to encourage them in their work further;
  - to issue special bulletins and other publications;
  - to exercise other rights specified in this Charter.

Management of the Agency
- The Agency shall apply advanced corporate governance standards in its activities.
- The Agency shall be governed by the Supervisory Council and the Management Board.
- The Agency Supervisory Council (hereinafter referred to as Council) shall implement the general management and supervise the Agency’s activity.
- The Council shall consist of the following 7 members, including its Chairman: Minister of Labor and Social Protection of Population of the Azerbaijan Republic, Assistant to the First Vice-President of the Azerbaijan Republic, Chairman of the State Agency for Public Service and Social Innovations under the President of the Azerbaijan Republic, Chairman of the Management Board of the State Agency for Small and Medium Business Development, Chairman of the Confederation of Trade Unions of the Azerbaijan Republic, President of the National Confederation of Entrepreneurs (Employers) of the Azerbaijan Republic, and a representative of the Ministry. The Council shall be chaired by the Minister of Labor and Social Protection of Population of the Azerbaijan Republic.
- The Council shall operate on a public (unpaid) basis.
- The Council shall use an independent decision-making process.
- The Council shall fulfill the following tasks:
  - determine the areas of development as well as the Agency's strategic goals and plans;
  - supervise the Agency’s activity;
  - approve the structure of the Agency’s staffing table, “DOST” Centers, and other subordinate units as part of the established overall structure as well as the number of employees;
  - approve the payroll budget of the Agency and the system of additional financial incentives to be paid to staff members from the Agency's revenues (excluding funds allocated from the state budget) as well as wages for employees, including those invited to “DOST” Centers from other subordinate agencies of the Ministry;
  - make decisions (subject to the approval of the Ministry) on the establishment of the Agency's commercial entities and participation in their activity as well as the establishment of the Agency's departments, branches, and representative offices;
  - approve the financial planning and budget of the Agency;
  - approve the internal rules to govern the Agency's activities (including the rule of preventing conflicts of interest) and the regulations for its departments, branches, and representative offices as well as relevant charters for subsidiary commercial entities;
  - supervise and inspect the activities of the Management Board;
  - consider the appeals of the Council members and the Management Board and make appropriate decisions;
  - hear the annual report on the activities of the Agency;
  - appoint an external auditor for the Agency and receive the audit report;
  - review the results of external audits and other inspections, and take appropriate measures on them;
  - make decisions (subject to the approval of the Ministry) on entering transactions (of special importance) exceeding 25 percent of the value of the Agency net assets as well as transactions with the relevant physical persons in the amount equivalent to or exceeding 5 percent of the Agency assets;
  - submit proposals and documents (including the financial statement and annual report on the activities of the Agency) to the Ministry regarding the implementation of its founder competencies;
- The Council Chairman shall convene the meetings of the Council at least four times a year. The Council meetings shall be initiated by a Council member or the Chairman of the Management Board. The Council meetings shall be deemed valid if attended by more than half of the Council members (except as provided in item 4.10 of this Charter). The Council decisions shall be taken by a simple majority of votes cast provided each member of the Council shall have one vote. During the voting procedure, members shall not be allowed to abstain. The Chairman shall have the casting vote in the event of a tie.
- The Chairman of the Management Board shall attend the Council meetings.
- If an issue affecting the interests of any Council member is included in the meeting agenda, the Council member shall provide detailed information on his / her interests and shall refrain from participation in the discussion or voting on such an issue.
- Decisions on matters not included in the agenda or not supported by the required relevant documents submitted before the meeting may not be taken except with the consent of all members present.
- The Council members shall be duly informed in writing about the venue and time of the meeting as well as the matters included in and the necessary documents required by the agenda at least 3 (three) working days before the meeting.
- Chairman of the Council shall:
  - organize the work of the Council and direct its activities;
  - appoint and dismiss members of the Agency Management Board;
  - determine the agenda of the Council meetings as well as convene and chair the Council meetings;
  - invite other persons to participate in the Council meetings on his initiative or at the request of any other Council member, or the Chairman of the Management Board;
  - take other measures to organize the activities of the Council.
- The council members shall:
  - participate in resolving issues related to the competencies of the Council;
  - familiarize themselves in advance with the agenda of the Council meeting and the materials to be considered;
  - express their views on the decisions made by the Council;
  - propose to consider issues concerning the competencies of the Council at the Council meetings;
  - familiarize themselves with the decisions of the Council, minutes of meetings, and other documents;
- The Council members shall express impartiality with regards to the matters considered during the Council meetings and prevent any acts or words that may adversely affect the integrity of the Council member as well as comply with other requirements specified in Article 49 of the Civil Code of the Azerbaijan Republic;
- The Management Board shall implement the current management of the Agency's activities. The Management Board consisting of the Chairman of the Management Board and its two members, in total, 3 persons appointed and dismissed by the Chairman of the Council;
- In the event of temporary absence of the Chairman of the Management Board, his powers shall be exercised by a member appointed by the Chairman.
- The Management Board shall convene at least twice a month. Meetings of the Management Board shall be initiated by a member of the Management Board or the Council. Meetings of the Management Board shall be deemed valid if more than half of its members are present (except for the case provided for in Item 4.10 of this Charter). The Management Board shall make decisions by a simple majority of the votes provided each member of the Management Board shall have one vote. Members are not allowed to abstain during the voting procedure. In the event of a tie, the Chairman of the Board (or another member replacing him) shall have the casting vote. The provisions under Item 4.10 - 4.12 of this Charter shall apply to the meetings of the Management Board.
- The Management Board shall perform the following duties:
  - organize the activities of the Agency;
  - implement the decisions of the Council;
  - submit proposals and documents to the Council for the implementation of the tasks stipulated in this Charter;
  - monitor the implementation of the Agency's strategic goals, plans, and budget;
  - decide to enter a transaction with the relevant physical person, if/when the value of transaction amounts to 5 percent of the Agency assets;
  - ensure efficient use of funds provided for in sub-item 3.1.26 of this Charter;
  - consider appeals of members of the Management Board and make decisions;
  - inform the Council on current and urgent issues;
  - decide on all other issues lying outside of the competence of the Council and the Chairman of the Management Board.
- The Chairman of the Management Board shall perform the following duties:
  - manage and represent the current activities of the Agency;
  - organize the activities of the Management Board and determine the agenda of its meetings as well as chair the meetings;
  - convene meetings of the Management Board either on his initiative or the initiative of another member of the Management Board, or the Council;
  - invite other persons to participate in the meetings of the Management Board either on his initiative or at the request of any member of the Management Board;
  - issue mandatory internal orders and directives related to the organization of the Agency's activities;
  - organize, inspect, and monitor the implementation of acts adopted on the activities of the Agency;
  - cancel decisions of the Agency officials that contradict the legislation;
  - appoint and dismiss (subject to the approval of the Chairman of the Council) employees of the Agency, its departments, branches, representative offices, “DOST” Centers, and other subordinate bodies ( in commercial entities only managers) as well as impose incentive and/or disciplinary measures on them;
  - monitor proper use of the Agency's property for the purposes provided for in this Charter;
  - within competencies defined in this Charter, carry out transactions on behalf of the Agency and conclude contracts as well as ensure their implementation;
  - ensure the payment of salaries, salary increments, bonuses, emoluments, and other remunerations to employees of the Agency in compliance with the payroll;
  - take necessary measures for the protection of state secrets and confidentiality restrictions as well as other legally protected information relating to the relevant areas of activity;
  - establish commissions, committees, and working groups in the relevant areas of activity;
  - ensure document management and archive administration of the Agency;
  - given the established structure, payroll, and number of employees, approve appropriate staffing table and estimate of expenditures for the Agency, its “DOST” Centers, and other subordinate entities;
  - ensure citizens are received and their appeals are reviewed by the Agency;
- Members of the Management Board shall:
  - participate in resolving issues related to the competences of the Management Board;
  - familiarize themselves in advance with the agenda of the Management Board meetings and the materials to be considered;
  - express their views on the decisions made by the Management Board;
  - propose to consider issues related to the competencies of the Management Board during its meetings;
  - familiarize themselves with the decisions of the Board, minutes of meetings, and other documents;
- members of the Management Board shall express impartiality with regards to the matters considered during the Board meetings and prevent any acts or words that may adversely affect the integrity of the Board member as well as comply with other requirements specified in Article 49 of the Civil Code of the Azerbaijan Republic.
The Agency charter fund, property, financial, and economic activities
- The Agency Charter fund shall constitute 10,0 (ten) million manats.
- The Agency property shall consist of the charter fund, property provided by the founder, funds allocated from the state budget, extra-budgetary state funds, revenues generated by the activities of the Agency, donations, grants, and other legal sources of income.
- The Agency shall use its property solely for the purposes outlined in this Charter. The Agency shall utilize the state property transferred to its balance sheet under the Decree of the President of the Azerbaijan Republic dated June 6 2007 No. 586 "On improvement of maintenance and appropriate use of the state-owned property."
- After paying its tax liabilities and other obligatory payments provided by law, the Agency shall have the right to independently dispose of funds generated by its activities, DOST Centers, Agency departments, branches, representative offices, commercial entities, and other subordinate bodies.
- The Agency products (goods, works, and services) shall have unregulated prices.
Form and scope of supervision over the Agency’s activities
- The Agency’s activity shall be supervised by the Ministry as well as the Council under the procedure specified in this Charter.
- The Agency shall submit annual reports on its activities to the Ministry.
The Agency`s accounting and reporting:
- The Agency shall maintain accounting records as well as prepare, submit, and publish financial statements under the Law of the Azerbaijan Republic “On Accounting.”
- The Agency shall maintain statistical accounting and compile statistical reports under the Law of the Azerbaijan Republic “On Official Statistics.”
- The Agency shall inspect the financial and economic activities of its departments, branches, representative offices, and commercial entities.
- The Agency shall hire external auditors to ensure an independent audit of its activities.
Reorganization and liquidation of the Agency :

The Agency`s reorganization and liquidation shall be carried out by the President of the Azerbaijan Republic.