Chapter 4.
CARE AND NURTURE IN COMMUNITY
Article 18. Subjects entitled to care and nurture in community
1. The subjects who are entitled to the monthly care and nurture in community are:
a) Subjects specified in Paragraph 1, Article 5 of this Decree;
b) Subjects specified under Point c, Paragraph 5, Article 5 of this Decree;
c) Particularly serious disabled children and people according to the regulations of law on disable people.
2. The subjects who need urgent protection entitled to temporary care and nurture in community are:
a) Children whose parents died or are missing as stipulated by law without relative to care and nurture them or their relatives cannot afford to care and nurture them.
b) Victims of family violence; victims of sexual abuse; victims of trafficking and victims of forced labor must receive the urgent protection pending taken to their residence or social protection establishments or social houses;
c) Children and beggars pending taken to the shelter or social protection establishments or social houses;
d) Other subject in need of urgent protection as decided by the Chairman of provincial People’s Committee.
3. The time for care and nurture in community for the subjects specified in Paragraph 2 of this Article is not more than 03 months.
Article 19. Benefits for subjects entitled to care and nurture
1. The subjects specified in Clause 1, Article 18 of this Decree are entitled to the following benefits:
a) Receive the monthly social allowance as specified in Article 6 of this Decree;
b) Are issued with health insurance cards as specified in Article 9 of this Decree;
c) Are provided with support of education, training and vocational teaching as specified in Article 10 of this Decree;
d) Receive the funeral cost support as specified in Article 11 of this Decree;
2. The subjects specified in Paragraph 2, Article 18 of this Decree shall receive the prescribed support when they live in the households for care and nurture as follows:
a) Food expenses during the time of living in households for care and nurture;
b) Treatment expenses in case of being treated in medical facility without health insurance card;
c) Expenses of transportation to the residence, social protection establishment or social house.
3. Ministry of Finance and Ministry of Labor - Invalids and Social Affairs provide instructions on Paragraph 2 of this Article.
Article 20. Benefits for households and individuals that take care of the subjects
The households and individuals that take care of the social protection subjects in community shall receive the following benefits:
1. The lowest monthly funding support for care and nurture for each subject equal to the standard social support rate specified in Paragraph 1, Article 4 of this Decree multiplied by the respective coefficient as follows:
a) Coefficient 2.5 in case of care and nurture for children under 04 years as the subjects specified in Paragraph 1, Article 5 of this Decree;
b) Coefficient 2.5 in case of care and nurture for children between 04 years and under 16 years as the subjects specified in Paragraph 1, Article 5 of this Decree and the subjects specified under Point c, Paragraph 5, Article 5 of this Decree.
c) The coefficient of case of taking care of the particularly serious disabled people shall comply with the provisions specified in Decree No. 28/2012/ND-CP;
2. Instructions and training of care and nurture techniques;
3. Prioritized capital borrowing, vocational teaching for job creation, economic development of household and other benefits according to the relevant laws.
4. The Ministry of Labor - Invalids and Social Affairs provide instructions on Paragraph 2 of this Article.
Article 21. Procedures for receiving the social protection subjects for care and nurture
1. The dossier to request the funding support for care and nurture to the social protection subjects comprises of:
a) Declaration of care and nurture implementation with certification of eligibility of the Chairman of communal People’s Committee under the Form specified by the Ministry of Labor - Invalids and Social Affairs;
b) Copy of family booklet of the person who receives the subjects for care and nurture or a written certification of communal police on residence of such person.
c) Declaration of the subjects who are given care and nurture under the Form specified by the Ministry of Labor - Invalids and Social Affairs;
2. The order of consideration for funding support for care and nurture to the subjects specified in Paragraph 1, Article 5 and Point c, Paragraph 5, Article 5 of this Decree shall comply with the provisions in Article 8 of this Decree.
The time for funding support for care and nurture from the month the Chairman of district People’s Committee signs the decision on funding support for care and nurture.
3. The dossier and procedures for funding support for care and nurture to the subjects specified under Point c, Paragraph 1, Article 18 of this Decree shall comply with the provisions in Decree No. 28/2012/ND-CP.
Article 22. Procedures for receiving subjects in need of urgent protection for care and nurture
1. The procedures for receiving the subjects specified under Point a, Paragraph 2, Article 18 of this Decree for care and nurture shall comply with the following provisions:
a) Heads of villages make a list of subjects, organizations, individuals or households meeting conditions for receiving these subjects for care and nurture in the areas of village and send it to the approval Council;
b) The approval Council shall review and submit it to the Chairman of communal People’s Committee to or send a written request to the Division of Labor - Invalids and Social Affairs;
c) The Division of Labor - Invalids and Social Affairs shall verify and submit it to the Chairman of district-level People’s Committee for support decision. In case of disapproval for support, there must be a written reply specifying the reasons.
d) The Chairman of communal People’s Committee shall organize the transportation of subjects and hand them over to the organizations, individuals or households for care and nurture right after the support decision of the Chairman of district-level People’s Committee.
2. The procedures for the subjects specified under Points b, c and d, Paragraph 2, Article 18 of this Decree are as follows:
a) The subjects or their guardians send the petition with the record of violence or abuse and the record of certification of injury status of the medical facility (if any) to the Chairman of communal People’s Committee.
The communal public servant in charge of labor, invalids and social affairs at the place where children and beggars without stable residence suffer from violence and abuse are responsible for dossier preparation;
b) The Chairman of communal People’s Committee shall organize the verification of dossier and or send a written request to the Division of Labor - Invalids and Social Affairs;
c) The Division of Labor - Invalids and Social Affairs shall verify and submit it to the Chairman of district-level People’s Committee for decision. In case of disapproval for support, there must be a written reply specifying the reasons.
d) The Chairman of communal People’s Committee shall organize the transportation of subjects and hand them over to the organizations, individuals or households responsible for care and nurture right after the support decision of the Chairman of district-level People’s Committee.
Article 23. Conditions and responsibility of the persons receiving the children for care and nurture
1. The persons receiving the children for care and nurture must ensure the following conditions:
a) Have full capacity for civil acts and well comply with the policies and guidelines of the Party and law of the State;
b) Voluntarily receive children for care;
c) Have stable accommodation and shelter for the children received for care and nurture;
d) Have economic conditions, health and experience in child care;
dd) Are living with their husband or wife and the husband or wife must ensure the conditions specified under Point a and b of this Paragraph.
2. Where the grandfather, grandmother, aunt, uncle or siblings receiving the children as the subjects specified in Paragraph 1, Article 5 of this Decree for care and nurture do not meet the conditions specified under Points a, c and d, Paragraph 1 of this Article are still considered to receive the policies specified in Article 20 of this Decree.
3. The persons who receive children for care and nurture must fulfill their responsibility as follows:
a) Ensure the conditions for the children for school, health care, entertainment and recreation;
b) Ensure safe and hygienic accommodation for the children;
c) Provide equal treatment for the children;
d) Fulfill other obligations according to regulations of law.
4. In case of not permitted to continue the child care and nurture:
a) Have mistreatment acts to the children received for care and nurture;
b) Take advantage of the child care and nurture for profit;
c) Have economic condition or other reasons resulting in no longer capable of ensuring the child care and nurture;
d) Seriously violate the rights of children received for care and nurture.
Article 24. Condition and responsibility of the persons who receive for care and nurture the particularly serious disabled people and the elderly people eligible for living in the social protection establishment and social houses
1. The persons who receive the particularly serious disabled people for care and nurture must ensure their conditions and responsibility as specified in Decree No. 28/2012/ND-CP.
2. The persons who receive the elderly people eligible for living in the social protection establishment and social houses must ensure the following conditions:
a) Have full capacity for civil acts and well comply with the policies and guidelines of the Party and law of the State;
b) Be fit and have experience in care of elderly people;
c) Have stable accommodation and shelter for elderly people
d) Have economic conditions;
dd) Are living with their husband or wife and either side must ensure the conditions specified under Point a and b of this Paragraph.
3. In case of not permitted to continue the care and nurture to the elderly people and disable people:
a) Have mistreatment acts to the elderly people and disable people;
b) Take advantage of the care and nurture for profit;
c) Have economic condition or other reasons resulting in no longer capable of ensuring the care and nurture to the elderly people and disable people;
d) Seriously violate the rights of people received for care and nurture.
Tìm kiếm
Nghị định 136/2013/NĐ-CP quy định chính sách trợ giúp xã hội đối với đối tượng bảo trợ xã hội (Bản Word)
Nghị định 136/2013/NĐ-CP quy định chính sách trợ giúp xã hội đối với đối tượng bảo trợ xã hội (Bản Pdf)