Activity licence for substitute home service

You need to apply for an activity licence if you wish to provide the substitute home service.

The activity licence is granted without a term by the county governor of the place of business.

The provision of the substitute home service is regulated by the following legislation:

  1. General Part of the Economic Activities Code Act;
  2. Social Welfare Act;
  3. Regulation of the Government of the Republic “Establishment of the maximum cost of state-funded childcare service and the maximum cost and price of substitute home service”;
  4. Regulations of the Minister of Social Affairs:
    • “Establishment of lists of data to be entered in the Register of Economic Activities for the service provider and for changes in data which must be notified of“;
    • “Health protection requirements for the substitute home service”;
    • “Establishment of a list of documents of a child receiving substitute home service collected and stored by the local government, a list of documents of child receiving substitute home service transferred to the substitute home service provider and the detailed contents of the substitute home service provider’s duties”;
    • “Establishment of the procedure for conducting in-service trainings in the fields of social work and education for education employees, and the curricula of the in-service trainings”;
    • “Requirements for substitute homes, residential educational institutions or youth homes for organising the temporary placement of children in families”.

Requirements for the applicant

To receive an activity licence, you must comply with the following requirements:

  • you must have a certificate of the Health Board, verifying that the place of service provision complies with health protection requirements;
  • you must have a certificate of the Rescue Board, verifying that the place of service provision complies with fire safety requirements;
  • the education employees and/or family parents must have a health certificate concerning the undergone medical examination for contagious diseases;
  • the applicant for the activity licence, the service to be provided and the persons to directly provide the service (i.e. education employees and/or family parents) must comply with the requirements set forth by the Social Welfare Act;
  • if you wish to provide the substitute home service in the dwelling of the family parent, then you must additionally submit an agreement of the owner of the dwelling for the provision of substitute home services in the dwelling of the family parent, and a health certificate, and signed confirmation of a person with full active legal capacity using a common dwelling with the family parent concerning the undergone medical examination for contagious diseases;
  • persons working with children shall not be persons who have been punished or with regard to whom coercive treatment has been administered for a criminal offence provided for in sections 133–1333, 141–1451, 175, 1751 or 178–179 of the criminal records database, if information concerning the punishment has not been deleted from the criminal records database pursuant to the Criminal Records Database Act or information concerning the punishment has been deleted from the criminal records database and entered in the archives of the criminal records database;
  • the application must be submitted with a copy of a document confirming the signatory’s right of representation (except in cases where the person’s right of representation is reflected on the commercial register’s registry card);
  • you are not subject to liquidation proceedings, a decision of termination or a declaration of bankruptcy;
  • you have no tax arrears or they have not been staggered;
  • you have paid the state fee.

Cross-border activity

An entrepreneur from a foreign state must comply with the same requirements as domestic entrepreneurs when operating in the Republic of Estonia.

Information about operating in another state of the European Economic Area is available at the EUGO Point of Single Contact of the relevant state.

Completing and submitting an application

For the receipt of an activity licence, please submit an application with the following information:

  • operator’s name, business registry code and contact details (telephone number, e-mail and postal address);
  • name of economic activity and its classification code (EMTAK code 87901, Activities of residential care institutions providing substitute home services);
  • the requested period of validity, if you wish to apply for the activity licence for a limited time;
  • the date of commencement with economic activities on the field of activity, if it is different from the date of submitting a notice of economic activities;
  • place of business;
  • maximum number of persons the service is to be provided for;
  • information regarding the people directly providing the substitute home service – person’s name, personal identification code, contact details and information about qualification (document number and date of issue, issuer of the document); for professional certificates – the profession and professional level specified thereon, the person having awarded the profession, the number of the professional certificate, the place and date of issue and the term of validity;
  • name and contact details of the person signing the notice of economic activities (telephone number and e-mail), and in case of a legal person also the basis for representation.

Please submit the following additional documents with your application:

  • copy of a document confirming the signatory’s right of representation (except in cases where the person’s right of representation is reflected on the commercial register’s registry card);
  • certificate of the Rescue Board, verifying that the place of service provision complies with fire safety requirements;
  • certificate of the Health Board, verifying that the place of service provision complies with health protection requirements;
  • upon application for an initial activity licence, the written consent of education employees or family parents for commencement of employment with the service provider applying for the activity licence;
  • health certificates for the education employees or family parents concerning the undergone medical examination for contagious diseases;
  • copies of documents, verifying the compliance of persons directly providing the services (i.e. education employees and/or family parents) with the requirements set forth in sections 159 and 1510 of the Social Welfare Act – a signed confirmation with proof of qualification;
  • copy of proof of qualification or specialty obtained in a foreign state, if it has not been entered in the Estonian Educational Information System;
  • if the substitute home service is to be provided in the dwelling of the family parent, an agreement of the owner of the dwelling with the provision of the service, a health certificate concerning the undergone medical examination for contagious diseases of a person with full active legal capacity using common dwellings with family parent and a signed verification of a person with full active legal capacity using common dwellings with family parent must additionally be submitted;
  • note verifying that persons working with children have not been punished for offences specified in subsection 511 (1) of the Child Protection Act.

NB! Please pay the state fee before submitting the application.

You can submit the application:

Payment of the state fee

Before submitting the application, the applicant must pay the state fee in the amount of 32 euros to the bank account of the Ministry of Finance adding the reference number 2900079061 and explanation “state fee for applying for an activity licence for substitute home service”. The state fee can be paid to one of the following bank accounts:

  • SEB Bank EE891010220034796011;
  • Swedbank EE932200221023778606;
  • Nordea Bank EE701700017001577198;
  • Danske Bank EE403300333416110002.

The processing of an application

The correctness of data and documents submitted by the applicant is verified and an activity licence is issued by the county governor of the place of business by providing or refusing an activity licence within 20 days after the submission of the application. The due date for the adjudication of an application shall be counted from the submission of all required documents. If it becomes evident during the processing of an application that not all requirements have been fulfilled, then the county government has the right to stay the proceedings until the rectification of the deficiencies, but no longer than 30 days, by notifying the applicant thereof.

If an applicant fails to provide required information or documentation with the application or the application has any other deficiencies, the issuer of the activity licence shall notify the applicant no later than on the working day following the day the deficiencies were identified, specifying the missing information and setting a reasonable term for its submission. The county government has the right to refuse to process the application if such information is not submitted by the set term.

The activity licence is issued without a term, unless the applicant requests an activity licence issued for a specified term. The issuer of the activity licence enters the data in the Register of Economic

Activities no later than on the working day following the day of a decision. The registrar will send an automated notice about data having been entered in the register, containing a reference to the data in the register, and a reference to the contestability of the administrative act, if one was issued.

Amendments to the requirements for an activity licence

The provider of substitute home services must notify the issuer of the activity licence during its validity period of the following:

  • the place of service provision changes;
  • the capacity of service provision changes;
  • the education employee and family parent, their contact details or specialty and qualification change. In case of changes in specialty and qualification, please submit the document number, issuer, and date and place of issue of the proof of qualification;
  • amendments to other conditions of the Social Welfare Act.

The county governor of seat must be notified of any planned changes no later than 30 days before the change is implemented.

The service provider shall notify the county governor of any changes regarding the subject of review or secondary conditions that have occurred irrespective of the owner of activity licence immediately, but no later than within five working days.

The application for an activity licence is adjudicated by the county governor of the place of business according to the procedure set forth for the grant of an activity licence. If it appears from the notice that the amendments bring along non-compliance with the substitute home service requirements in the subject of review of the activity licence or the secondary conditions of the activity licence, a need to review the substitute home service requirements, amend the activity licence or apply for a new activity licence, the county governor notifies the substitute home service provider thereof immediately.

Suspension of an activity licence and termination of economic activity

Temporary suspension of provision of the substitute home service is not allowed.

A substitute home service provider, who wishes to terminate the provision of substitute home service, submits an application for the revocation of the activity licence, in which the date of termination must be specified.

A substitute home service provider must submit the revocation application no later than six months before ending the provision of the service.

The following are also considered as having fully renounced their economic activities:

  • an undertaking which has failed to comply with the obligation to submit an annual report provided by law within six months after the expiry of the term for compliance with this obligation;
  • a sole proprietor which has failed to comply with the obligation to submit an income tax return provided by law within six months after the expiry of the term for compliance with this obligation.

The application for the termination of an activity licence can be submitted:

Supervision

The county governor exercises governmental supervision over the provision of substitute home services.

Contact information

Substantive information

Responsible employee of the county government of the place of business.

General information and technical issues regarding the register

The register of economic activities, phone: +372 668 7080, e-mail: register@mkm.ee

Last amended: 12-10-2016 14:51 | Compiled by: Ministry of Social Affairs