Chương 2 Nghị định 136/2013/NĐ-CP: Trợ giúp xã hội thường xuyên tại cộng đồng

Chapter 2.

REGULAR SOCIAL SUPPORT IN COMMUNITY

Article 5. Subjects entitled to the monthly social allowance

1. Children under 16 years old having no nurture source subject to one of the cases prescribed as follows:

a) Being abandoned and not yet adopted;

b) Being orphans;

c) Being orphans whose mother or father has died and the remaining parent is missing as stipulated by law;

d) Being orphans whose mother or father has died and the remaining parent is receiving the care and nurture benefits at the social protection establishments or social houses;

Being orphans whose mother or father has died and the remaining parent is serving prison term in jail or is exercising the decision on handling of administrative violation at the reform schools, compulsory educational establishments and compulsory detoxification establishments;

e) Both mother and father are missing as stipulated by law;

g) Both mother and father are receiving the care and nurture benefits at the social protection establishments or social houses,

h) Both mother and father are serving the prison term in jail or is exercising the decision on handling of administrative violation at the reform schools, compulsory educational establishments and compulsory detoxification establishments;

i) Mother or father is missing as stipulated by law and the remaining parent is receiving the care and nurture benefits at the social protection establishments or social houses,

k) Mother or father is missing as stipulated by law and the remaining parent is serving prison term in jail or is exercising the decision on handling of administrative violation at the reform schools, compulsory educational establishments and compulsory detoxification establishments;

l) Mother or father is receiving the care and nurture benefits at the social protection establishments or social houses and the remaining is serving prison term in jail or is exercising the decision on handling of administrative violation at the reform schools, compulsory educational establishments and compulsory detoxification establishments;

2. Persons between 16 and 22 years subject to one of the cases specified in Clause 1 of this Article are in high school, vocational school, professional school, college and university of first degree.

3. Children infected with HIV of poor households and persons infected with HIV of poor households without monthly pension, social insurance allowance, monthly preferential allowance for revolutionary contributors and other monthly allowances.

4. People of poor households who are not married; are married but the wife or husband has died or is missing as stipulated by law and is raising children under 16 years or child from 16 to 22 years old and these children is in high school, vocational school, professional school, college and university of first degree (hereafter referred to as poor people who are raising children)

5. The elderly people subject to one of the following cases:

a) The elderly people of poor households do not have any person with obligations and rights to serve them or have person with obligations and rights to serve them but this person is receiving the monthly social allowance.

b) The elderly people from 80 years or older not subject to the provisions under Point a of this Paragraph have no monthly pension, social insurance allowance or social allowance;

c) The elderly people of poor households do not have any person with obligations and rights to serve them; have no condition to live in community, meet the conditions to be admitted to the social protection establishments or social houses but there are other people who wish to take care of them in community.

6. Disabled children and disabled people eligible for social allowance as stipulated by law on disabled people.

Article 6. Monthly social allowance rate

1. The subjects specified in Article 5 of this Decree are entitled to the monthly social allowance with the lowest rate equal to the standard social support rate specified in Clause 1, Article 4 of this Decree multiplied by the respective coefficient as follows:

a) Coefficient 2.5 for the subjects specified in Paragraph 1, Article 5 of this Decree under 04 years;

b) Coefficient 1.5 for the subjects specified in Paragraph 1, Article 5 of this Decree from 04 years or more;

c) Coefficient 1.5 for the subjects specified in Paragraph 1, Article 5 of this Decree.

d) Coefficient 2.5 for the subjects specified in Paragraph 3, Article 5 of this Decree under 04 years;

dd) Coefficient 2.0 for the subjects specified in Paragraph 3, Article 5 of this Decree between 04 and under 16 years;

e) Coefficient 1.5 for the subjects specified in Paragraph 3, Article 5 of this Decree from 16 years or older;

g) Coefficient 1.0 for the subjects specified in Paragraph 4, Article 5 of this Decree who are raising 01 child.

h) Coefficient 2.0 for the subjects specified in Paragraph 5, Article 5 of this Decree who are raising 02 children or more.

i) Coefficient 1.0 for the subjects specified under Point a, Paragraph 5, Article 5 of this Decree between 60 and 80 years;

k) Coefficient 2.0 for the subjects specified under Point a, Paragraph 5, Article 5 of this Decree from 80 years or older;

l) Coefficient 1.0 for the subjects specified under Point b, Paragraph 5, Article 5 of this Decree.

m) Coefficient 3.0 for the subjects specified under Point c, Paragraph 5, Article 5 of this Decree.

n) The coefficient for the subjects specified in Paragraph 6, Article 5 of this Decree shall comply with the provisions in Decree No. 28/2012/ND-CP dated 10/4/2012 of the Government detailing and guiding the implementation of some articles of the Disability Law (hereafter referred to as Decree No. 28/2012/ND-CP).

2. Where the subjects are entitled to the rates of different coefficients specified in Clause 1 of this Article, they only receive the highest rate. For poor and single people who are raising children and are the subjects specified in Paragraphs 3, 5 and 6, Article 5 of this Decree, in addition to the benefits for poor and single people who are raising children, they also receive the benefits for the subjects specified in Paragraph 3 or 5, Article 6 of this Decree.

Article 7. Dossier for monthly social allowance

1. Declaration of the subject under the Form specified by the Ministry of Labor - Invalids and Social Affairs.

2. Copy of family booklet of the subject or written certification of police agency of commune, ward or townlet (hereafter referred to as communal-level police agency).

3. Copy of certificate of birth in case of being children.

4. Papers certifying HIV infection of the competent medical body in case of HIV infection.

5. Copy of certificate of birth of the child of the single person where the single person is raising children.

6. Résumé of the person who takes care of the elderly person with certification of Chairman of People’s Committee of commune, ward or townlet (hereafter referred to as communal People’s Committee) and the application of the person who receives the care and nurture specified by the Ministry of Labor - Invalids and Social Affairs for the subjects specified under Point c, Paragraph 5, Article 5 of this Decree.

Article 8. Procedures for implementation, modification or stoppage of entitlement to monthly social allowance

1. The procedures for monthly social allowance are stipulated as follows:

a) The subject or his guardian prepares dossier as specified in Article 7 of this Decree and send it to the Chairman of communal People’s Committee;

b) Within 15 days after fully receiving the dossier, the social support approval Council (hereafter referred to as the approval Council) shall make review and approval and publicly list the result of review and approval at the head office of communal People’s Committee within 07 days, excluding the information pertaining to HIV status of the subject.

When the listing time is over, if there is no complaint, the approval Council shall add its minutes of conclusion in the dossier of the subject and submit it to the Chairman of communal People’s Committee.

In case of complaint, within 10 working days, from the date of receipt of complaint, the approval Council shall conclude and publicize the complaint issue and submit it to the Chairman of communal People’s Committee;

c) Within 03 working days after receiving the minutes of conclusion of the approval Council, the Chairman of communal People’s Committee shall send a document (with dossier of the subject) to the Division of Labor – Invalids and Social Affairs;

d) Within 07 working days, after receiving the dossier of the subject and the written request of the communal People’s Committee, the Division of Labor – Invalids and Social Affairs shall verify and submit the decision on social allowance to the subject to the Chairman of People’s Committee of district, townlet and provincial city (hereafter referred to as district-level People’s Committee). Where the subject is not eligible for entitlement, the Division of Labor – Invalids and Social Affairs shall reply in writing and specify the reasons;

dd) Within 03 working days after receiving the document from the Division of Labor – Invalids and Social Affairs, Chairman of district-level People’s Committee shall review and decide upon the monthly social allowance to the subject.

The time to receive the social allowance for the elderly people specified under Point b, Paragraph 5, Article 5 of this Decree from the time the elderly people are 80 years of age. The time to receive the monthly social allowance of other subjects, from the month the Chairman of district-level People’s Committee signs the decision on monthly social allowance.

2. Procedures for modification, stoppage of entitlement to monthly social allowance comply with the following provisions:

a) The subjects and their guardians or relevant organizations and individuals send their recommendations about their ineligibility for entitlement or change of entitlement conditions to the Chairman of communal People’s Committee;

b) The order of verification, decision on modification or stoppage of entitlement to the monthly social allowance shall comply with the provisions under Points b, c and dd, Paragraph 1 of this Article;

c) The time to modify and stop the entitlement to the monthly social allowance from the month right after the month the Chairman of district-level People’s Committee signs the decision;

3. Where the subject entitled to the monthly social allowance died, the Chairman of communal People’s Committee requires the Division of Labor – Invalids and Social Affairs to report to the Chairman of district-level People’s Committee on the decision on stoppage of entitlement to the monthly social allowance.

The time of stoppage of entitlement to the monthly social allowance from the month right after the month the subject who is receiving the monthly social allowance died.

4. The procedures for payment of monthly social allowance when the subjects change their residence in the same area of district, townlet and provincial city shall comply with the following provisions:

a) The subjects and their guardians send their request to the Chairman of communal People’s Committee of the new residence;

b) Within 03 working days after receiving the request, the Chairman of communal People’s Committee shall or send a written request to the Division of Labor – Invalids and Social Affairs;

c) Within 03 working days after receiving the document from the Chairman of communal People’s Committee, the Division of Labor – Invalids and Social Affairs shall verify and pay the monthly social allowance to the subjects by the address of their new residence.

5. The procedures and decision on monthly social allowance when the subjects change their residence between districts, townlets and provincial cities shall comply with the following provisions:

a) The subjects who change their residence send the request to the Chairman of communal People’s Committee where they are receiving the monthly social allowance;

b) The Chairman of communal People’s Committee sends document to the Division of Labor – Invalids and Social Affairs.

The Division of Labor – Invalids and Social Affairs shall submit the decision on stoppage of payment of monthly social allowance at the old residence and send document with dossiers of the subjects to the Chairman of communal People’s Committee of the subjects’ new residence.

c) Within 03 working days after receiving the subjects’ dossiers, the Chairman of communal People’s Committee shall make certification and transfer the subjects’ dossiers to the Division of Labor – Invalids and Social Affairs;

d) Within 05 working days after receiving the subjects’ dossiers, the Division of Labor – Invalids and Social Affairs shall verify and submit to the Chairman of district-level People’s Committee the decision on monthly social allowance to the subjects from the month right after the month specified in the decision on stoppage of entitlement to the monthly social allowance of the Chairman of district-level People’s Committee of the subjects’ old residence.

Article 9. Issue of health insurance card

1. The social protection subjects shall be issued with health insurance card by the State, including:

a) Subjects specified in Paragraphs 1, 2, 3 and 5 and Article 5 of this Decree;

b) Children of poor single people specified in Clause 4, Article 5 of this Decree;

c) People with serious disability and particularly serious disability;

d) People from full 80 years of age or older are receiving the monthly survivor allowance from social insurance and other monthly social allowances but have not yet issued with health insurance cards free of charge;

2. Subjects specified in Paragraph 1 of this Article are the ones issued with many health insurance cards and issued with only one health insurance card.

Article 10. Support for education, training and vocation

The subjects specified in Paragraphs 1, 2, 3 and 6, Article 5 of this Decree are attending preschool, intermediate vocational school, high school, college and university and learning trade and shall receive the policies on support for education, training and vocation as stipulated by law.

Article 11. Funeral cost support

1. The following subjects shall receive the funeral cost support after death:

a) Subjects specified in Paragraphs 1, 2, 3, 5 and 6, Article 5 of this Decree are receiving the monthly social allowance;

b) Children of poor single people specified in Paragraph 4, Article 5 of this Decree;

c) People of full 80 years of age or older are receiving the monthly survivor allowance from social insurance and other monthly social allowances.

2. The support rate for funeral costs for the subjects specified in Paragraph 1 of this Article is equal to 20 times of the standard rate of social support specified in Paragraph 1, Article 4 of this Decree. Where the subjects specified in Paragraph 1 of this Article are given the funeral cost support with different rates, they shall be entitled to the highest rate.

3. Dossier to request the funeral cost support comprises of:

a) Document or request of bodies, organizations, households or individuals that come forward to hold funeral for the subjects;

b) Copy of Certificate of death;

c) Copy of decision on entitlement to social allowance of single people who are raising children and copy of certificate of birth of the dead children in cases specified under Point b, Paragraph 1 of this Article;

d) Copy of family booklet or written certificate of communal police, copy of decision on stoppage of entitlement to social allowance or other allowances from the competent body in cases specified under Point c, Paragraph 1 of this Article.

4. Procedures for funeral cost support:

a) Bodies, organizations, households or individuals holding the funeral for the subjects should prepare dossiers as stipulated in Paragraph 3 of this Article and send them to the Chairman of communal People’s Committee;

b) Within 02 working days after fully receiving dossiers, the Chairman of communal People’s Committee shall send a written request with the subjects’ dossiers to the Division of Labor – Invalids and Social Affairs;

c) Within 03 working days, after receiving document from the Chairman of communal People’s Committee, the Division of Labor – Invalids and Social Affairs shall verify the dossiers and submit them to the Chairman of district-level People’s Committee to decide on funeral cost support.