Chương 5 Nghị định 136/2013/NĐ-CP: Chăm sóc, nuôi dưỡng tại cơ sở bảo trợ xã hội, nhà xã hội

Chapter 5.

CARE AND NURTURE AT THE SOCIAL PROTECTION ESTABLISHMENTS OR SOCIAL HOUSES

Article 25. Subjects entitled to the care and nurture at the social protection establishments or social houses

1. The social protection subjects with particularly difficult situation include:

a) The subjects specified in Paragraph 1 and 3, Article 5 of this Decree have difficult situation and cannot take care of themselves and there is no one receiving them for care and nurture in community;

b) The elderly people subject to care and nurture at the social protection establishments or social houses in accordance with law on elderly people;

c) The disabled children and disabled people subject to care and nurture at the social protection establishments or social houses in accordance with law on disabled people;

2. The subjects who need the urgent protection are:

a) Victims of family violence; victims of sexual abuse; victims of trafficking and victims of forced labor;

b) Children and beggars pending taken to the shelter.

c) Other subject in need of urgent protection as decided by the Chairman of provincial People’s Committee.

3. The time of care and nurture to the subjects specified in Paragraph 2 of this Article at the social protection establishments or social houses is no more than 03 months.

4. The subjects who voluntarily live at the social protection establishments or social houses include:

a) The elderly people under the care delegation contract;

b) The people who are not subject to the provisions in Paragraph 1 and 2 of this Article, do not have conditions to live with family or wish to live in the social protection establishments or social houses.

Article 26. Benefits of care and nurture at the social protection establishments or social houses

The subjects specified in Paragraph 1 and 2, Article 25 of this Decree shall receive the benefits of care and nurture at the social protection establishments or social houses as follows:

1. The lowest monthly nurturing allowance rate for each subject is 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 5.0 for children under 04 years;

b) Coefficient 4.0 for children between 04 and under 16 years or people from full 60 years or older;

c) Coefficient 3.0 for people between 16 and full 60 years;

d) The coefficient for the disabled people and disabled children shall comply with the provisions in Decree No. 28/2012/ND-CP;

2. Are issued with health insurance cards free of charge in accordance with regulations of law on health insurance;

3. Are provided with funeral costs upon death with the rate equal to 20 times of standard social support rate;

4. Are provided with items for daily activities such as blankets, mosquito nets, mats, summer clothes, winter clothes, underwear, towels, shoes, slippers, toothbrush, conventional medicine, monthly personal sanitation for female subjects of childbearing age, books, notebooks and school supplies for the subjects who are attending school and other prescribed expenses.

5. Where the subjects are entitled to different monthly nurturing allowance rates specified in Clause 1 of this Article, they only receive the highest rate.

6. Where the subjects are receiving the monthly nurturing allowance specified in Clause 1 of this Article, they shall be entitled to the social allowance specified in Article 6 of this Decree.

Article 27. Support for education, training and job creation

1. The subjects who are cared for and nurtured at the social protection establishments or social houses shall receive the support policies for attending preschool, intermediate vocational school, high school, college and university and learning trade as prescribed by law.

2. The subject specified in Clause 1, Article 5 of this Decree from 16 years of age or more are attending intermediate vocational school, high school, college and university and learning trade shall continue to receive the care and nurture at the social protection establishments or social houses until graduation of first degree but not exceeding 22 years of age.

3. The children from 13 years of age shall be cared for and nurtured at the social protection establishments or social houses and introduced to learn trade if not attending high school.

4. If the subjects specified in Paragraph 1, Article 5 of this Decree from 16 years of age do not continue to attend high school, intermediate vocational school, college and university or learn trade, they shall be taken back to their residence before entering the social protection establishments or social houses. The communal People’s Committee of the subjects’ previous shelter shall have to receive and create conditions to have job for stable life.

5. If the subjects specified in Paragraph 1, Article 5 of this Decree from 16 years of age or older do not continue attending high school, intermediate vocational school, college and university or learn trade, the social protection establishments, social houses or localities shall consider a support for them to have shelter, job and monthly social allowance until they can manage their life but not exceeding 24 months.

Article 28. Authority to receive the subjects to the social protection establishments or social houses and bring back the subject to live in community

1. The head of body directly managing the social protection establishments or social houses shall decide upon receiving the subjects specified in Paragraph 1 and 2, Article 25 of this Decree.

2. The head of social protection establishments or social houses shall decide to take the subjects out of the social protection establishments or social houses for the subjects specified in Clause 1 and 2, Article 25 of this Decree.

3. The head of social protection establishments or social houses shall decide to receive or take the subjects specified in Paragraph 4, Article 25 of this Decree out of the social protection establishments or social houses.

Article 29. Care and nurture service contract

1. The care and nurture service contract between the subjects with the social protection establishments or social houses (hereafter referred to as service contract) must be made in writing.

2. The service contract ensures the principle of respect and protection of subjects’ legitimate rights and interests. Where the subjects are cared and nurtured and must have their guardian, there must be opinions from these subjects.

3. The service contract must have the following main contents:

a) Subjects’ health condition;

b) Time, location and mode of care and nurture;

c) Care and nurture expenses and mode of payment;

d) Subjects’ rights and obligations;

dd) Rights and obligations of the social protection establishments or social houses;

e) Other contents (if any).

4. The signing, implementation, modification, addition and termination of care service contract shall be agreed by the party as prescribed by law;

Article 30. Dossier for admission to the social protection establishments or social houses

1. The dossier for admission to the social protection establishments or social houses for the subjects specified in Paragraph 1, Article 25 of this Decree, including:

a) Application of the subject or guardian under the Form specified by the Ministry of Labor - Invalids and Social Affairs;

b) Résumé of the subject under the Form specified by the Ministry of Labor - Invalids and Social Affairs with certification of communal People’s Committee;

c) Declaration to request the social support under the Form specified by the Ministry of Labor - Invalids and Social Affairs;

d) Copy of certificate of birth for children. In case of abandoned children, the procedures for registration of certificate of birth is according to regulations of law on registration of civil status;

dd) Certification of competent medical body in case of HIV infection;

e) Record of conclusion of the approval Council;

g) Admission decision of Chairman of communal People’s Committee if the social houses are under the management of the communal level;

h) Admission decision of Chairman of district-level People’s Committee if the social protection establishments or social houses are under the management of the district level;

i) Admission decision of Director of Department of Labor - Invalids and Social Affairs if the social protection establishments or social houses are under the management of the provincial level;

k) Other relevant papers (if any);

2. Dossier for admission to the social protection establishments for the subjects specified in Paragraph 2, Article 25 of this Decree, including:

a) Application of the subject or guardian under the Form specified by the Ministry of Labor - Invalids and Social Affairs;

b) Declaration to request the social support under the Form specified by the Ministry of Labor - Invalids and Social Affairs;

c) Copy of ID card or personal papers of the subjects (if any);

d) Record in urgent case at risk of threatening the subjects’ life;

dd) Written request of Chairman of provincial People’s Committee where the subject is living or the place which detects the urgent need of protection.

e) Admission decision of competent state authorities.

3. Dossier for admission to the social protection establishments or social houses for the subjects specified in Paragraph 4, Article 25 of this Decree, including:

a) Papers as stipulated under Points a, b, c and d, Paragraph 1 of this Article;

b) Care service contract;

c) Other relevant papers (if any)

Article 31. Procedures for admission to the social protection establishments or social houses

1. The procedures for admission for care and nurture to the subjects specified in Paragraph 1, Article 25 of this Decree are as follows:

a) Subjects or their guardians who have the papers specified under Points a, b, c, d và dd, Paragraph 1, Article 20 of this Decree and send the, to the Chairman of communal People’s Committee;

b) Within 15 days after receiving the subjects’ dossier, the approval Council shall verify, approve and publicly list the result at the head office of communal People’s Committee within 07 working days, except for information on HIV of the subjects.

When the time of public listing is over, if there is no complaint, the approval Council shall add the record of conclusion of the approval Council and submit it to the Chairman of communal People’s Committee to decide on admitting the subjects to the social houses under the management of communal level for care and nurture or send a written request to the Division of Labor – Invalids and Social Affairs.

In case of complaint during the time of listing, within 10 working days after receiving the complaint, the approval Council shall verify, inspect, give specific and public conclusion before people and submit it to the Chairman of communal People’s Committee to decide on admitting the subjects to the social houses under the management of communal level for care and nurture or send a written request to the Division of Labor – Invalids and Social Affairs.

c) Within 07 working days after receiving the subject’s dossier and the written request of the Chairman of communal People’s Committee, the Division of Labor – Invalids and Social Affairs shall verify and submit it to the Chairman of district People’s Committee for decision;

d) Within 03 working days after receiving the document from the Division of Labor – Invalids and Social Affairs, the Chairman of district People’s Committee shall decide on the admission of subjects to the social protection establishments or social houses for care and nurture under its management or send a written request to the Director of Department of Labor – Invalids and Social Affairs;

dd) Within 07 working days after receiving the subjects’ dossier and the written request of the Chairman of district People’s Committee, the Director of Department of Labor – Invalids and Social Affairs shall decide on the admission of subjects to the social protection establishments or social houses for care and nurture under its management

e) Where the subjects are not admitted for care and nurture, the body receiving the subjects’ dossier must reply in writing and specify the reasons.

2. The procedures for admission to the social protection establishments or social houses for the subjects specified in Paragraph 2, Article 25 of this Decree are as follows:

a) When detecting any subject needs urgent protection, the provincial public servant in charge of Labor - invalids and social affairs shall make a record, if he finds it necessary to take such subject to the social protection establishments or social houses for care and nurture, he should instruct the subject or his family members to prepare the prescribed dossier;

b) Based on the subject’s dossier, the Chairman of communal People’s Committee shall decide upon the admission of subject to the social protection establishments or social houses for care and nurture or send a written request to the Division of Labor – Invalids and Social Affairs for decision;

c) When receiving the subject’s dossier and the written request of the Chairman of communal People’s Committee, the Division of Labor – Invalids and Social Affairs shall verify and submit to the Chairman of district People’s Committee to decide on the admission of subjects to the social protection establishments or social houses for care and nurture under his management or send a written request to the Director of Department of Labor – Invalids and Social Affairs;

d) When receiving the subjects’ dossier and the written request of the Chairman of district People’s Committee, the Director of Department of Labor – Invalids and Social Affairs shall decide on admission of subjects to the social protection establishments or social houses for care and nurture under his management;

dd) Where the subjects are not admitted for care and nurture, the body receiving the subjects’ dossier must reply in writing and specify the reasons.

e) The Chairman of communal People’s Committee is responsible for transporting and handing over the subjects to the social protection establishments or social houses.

3. The procedures for deciding on admission to the social protection establishments or social houses for the subjects specified in Paragraph 4, Article 25 of this Decree are as follows:

a) The subjects or their guardian should prepare dossier specified in Paragraph 3, Article 30 of this Decree and it to the social protection establishments or social houses;

b) When receiving the subjects’ dossier, the heads of social protection establishments or social houses shall decide on the admission and sign the care service contract according to the regulations.