Chương 1 Nghị định 06/2011/NĐ-CP : Phụng dưỡng, chăm sóc người cao tuổi

Chapter I

TAKING CARE OF AND LOOKING AFTER THE ELDERLY

Article 1. Conditions on individuals or organizations that provide elderly-caretaking services

1. Individuals who directly take care of the elderly must satisfy the following conditions:

a/ Having lull civil act capacity;

b/ Having good moral quality, being not infected with social diseases and subject to penal liability examination or being already sentenced but not yet entitled to remission of criminal records;

c/ Having good health and skills to take care of the elderly.

2. Organizations providing elderly-caretaking services must satisfy the conditions defined in Article 8 of this Decree.

Article 2. Elderly-caretaking service contracts

1. Elderly-caretaking service contracts between persons having the obligations and rights to take care of the elderly and individuals or organizations providing elderly-caretaking services must be made in writing.

2. Elderly-caretaking service contracts must comply with the principles of respecting for and protecting the elderly’s legitimate rights and interests and be agreed upon by the elderly or their guardians.

3. An elderly-caretaking service contract must contain the following principal contents:

a/ Health conditions and ailments of the elderly:

b/ The care-taking time, location and method;

c/ The service charge and payment mode;

d/ The rights and obligations of the caretakers;

e/ The rights and obligations of the individual or organization providing care-taking services;

f/ Other contents.

4. The conclusion, performance, modification, supplementation and termination of elderly-caretaking service contracts shall be agreed upon by involved parties and comply with current, law.

Article 3. Cultural, educational, sport. physical training, entertainment and tourist activities

1. Ministries, ministerial-level agencies. government-attached agencies and Peoples Committees at all levels shall, within the ambit of their respective tasks and powers, invest in the construction and renovation of cultural, educational, sports, physical training, entertainment and tourist establishments suitable to socio-economic conditions with a view to meeting the elderly's spiritual and physical training needs.

2. Organizations or individuals investing in the construction of cultural, educational, sports, physical training, entertainment and/or tourist establishments to meet the elderly's spiritual and physical training needs are entitled to the policies defined in the Government's Decree No.69/200S/ND-CP of May 30. 2008. on incentive policies for socialization of educational, vocational training, healthcare, cultural, sports and environmental activities.

3. The Minister of Culture. Sports and Tourism shall guide the organizations of. and create conditions for the elderly to participate in. learning, cultural, entertainment and tourist activities, deep-breathing practices, physical training and sports activities suitable to their health and psychological conditions, as defined in Clause 2, Article 14 of the Law on the Elderly.

Article 4. Public facilities, mass transit

1. The construction and renovation of condominiums and public facilities must comply with technical regulations on construction and take into due consideration the characteristics and use needs of the elderly.

2. Mass transit vehicles must be furnished with instructions and seats reserved for the elderly and with supporting instruments or assistance suitable to the elderly, depending on each type of vehicle. Commuters shall assist the elderly when necessary.

Article 5. Reduction of ticket prices and service charges for a number of services

1. The elderly may enjoy at least 15% reduction of ticket prices or service charges when traveling by passenger ship, train or aircraft.

2. The elderly may enjoy at least 20% reduction of ticket prices or service charges upon their visits to cultural or historical relics, museums and scenic places; their physical training or sport practice at physical training and sport establishments where tickets are sold or service charges are collected.

3. In order to enjoy ticket price and service charge reduction under Clauses 1 and 2 of this Article, the elderly shall produce their people's identity cards or other valid papers proving they are elderly.

4. Service-providing agencies, organizations and individuals shall issue separate price reduction tickets for the elderly.

5. Depending on practical conditions, ministers, heads of sectors or central organizations', chairpersons of People's Committees of provinces and centrally run cities (below referred collectively to as provincial- level People's Committees) shall decide ticket price and service charge reduction levels within their competence under Clauses 1 and 2 of this Article.

Article 6. Social security policies

1. The standard social allowance level for determination of monthly social allowance levels and monthly nurturing allowance level for the elderly is VXD 180,000 (coefficient 1.0).

2. The minimum monthly social allowance levels for the elderly defined in Article 17 of the Law on the Elderly, who live in a community under the management of the People's Committee of a commune, ward or township, are as follows:

a/ VND 180,000/person/month (coefficient 1.0) for full 60 to 80 year-old persons of poor households without persons having the care-taking obligations and rights or with persons having the care-taking obligations and rights who. however, currently enjoy monthly social allowances;

b/ VND 270.000/person/month (coefficient 1.5) for full SO and plus-year old persons of poor households without persons having the care-taking obligations and rights or with persons having the care-taking obligations and rights who, however, currently enjoy monthly social allowances;

c/ VND 180.000/person/month (coefficient 1.0) for 80 and plus-year old persons not defined at Points a and b of Clause 2, this Article, who have no pension, monthly social insurance allowance or monthly social allowance.

3. VND 360.000/person/month (coefficient 2.0) for persons who arc looked after in social relief establishments defined in Clause 2. Article 18 of the Law on the Elderly.

4. VND 360.000/pcrson/month (coefficient 2.0) for persons who are eligible for admittance into social relief establishments but are looked after in the community under Article 19 of the Law on the Elderly.

5. The funeral and burial cost allowance level for the elderly defined in Articles 18 and 19 of the Law on the Elderly is VND 3.000.000. when they die.

6. Depending on practical conditions of localities or units, ministers, heads of sectors or central organizations with elderly-caretaking establishments, or chairpersons of provincial-level People's Committees shall decide on allowance and support levels for the elderly within their respective competence, which must not be lower than the levels defined in Clauses 2. 3, 4 and 5 of this Article.

7. If the elderly are entitled to different monthly allowance levels defined in Clauses 2, 3 and 4 of this Article or different funeral and burial cost allowance levels, they may only enjoy the highest levels.

8. The allowance entitlement period for the elderly defined in Clauses 3 and 4 of this Article will be counted from the dale stated in the decisions of chairpersons of district-level People's Committees.

9. The Minister of Labor, War Invalids and Social Affairs shall prescribe the order, procedures and dossiers for admission of elderly into social relief establishments: and provide monthly social allowances and funeral and burial cost allowances.

Article 7. Longevity congratulations and celebrations

1. Longevity congratulation and celebration presents are prescribed as follows:

a/ The Minister of Finance shall prescribe types of presents to be given by the President of the Socialist Republic of Vietnam to 100 year-old persons, presents to be given by chairpersons of provincial-level People's Committees to 90 year-old persons and the spending items and levels for organizing longevity celebrations under Clause 3. Article 21 of the Law on the Elderly;

b/ Depending on their local practical conditions, chairpersons of provincial-level People's Committees shall prescribe types of longevity presents for persons aged 70, 75. 80, 85. 95 and over 100 years.

2. Longevity celebrations will be organized in a solemn and thrifty manner suitable to local cultural lifestyles, customs and practices.

3. The Minister of Culture. Sports and Tourism shall detail the organization of longevity celebrations provided for in Clause 2 of this Article.