Chapter VI
SOCIAL PROTECTION
Article 16. Amendments to some Articles of the Government’s Decree No. 103/2017/ND-CP dated September 12, 2017 on establishment, organizational structure, operation, dissolution and management of social support facilities
1. Article 11 is amended as follows:
“Article 11. Establishment, restructuring and dissolution
The establishment, restructuring and dissolution of public social support facilities within the power of the People's Committee of the province shall comply with regulations of the Government's Decree No. 55/2012/ND-CP dated June 28, 2012 on establishment, restructuring and dissolution of public service providers (hereinafter referred to as “the Decree No. 55/2012/ND-CP”).
2. Article 17 is amended as follows:
“Article 17. Registration of establishment or change in contents or reissuance of the certificate of establishment
1. The applicant shall submit an application for registration of establishment to the issuing authority, whether directly or by post.
2. Any applicant that wishes to change the contents specified in the certificate of establishment or apply for reissuance of the certificate of establishment shall submit an application prescribed in Article 20 of this Decree to the issuing authority, whether directly or by post.
3. Within 05 working days from the receipt of the satisfactory application, the issuing authority shall consider and issue the certificate of establishment to the applicant for new certificate of establishment, and issue the certificate of establishment to the applicant for change in the contents or reissue the certificate of establishment to the applicant for reissuance of the certificate of establishment. If the applicant is not eligible as prescribed, the issuing authority shall provide a written response and explanation.
4. A facility which is established under the law on enterprises or the law on organization, operation and management of social support associations or facilities in charge of less than 10 beneficiaries is not required to follow procedures for registration of establishment mentioned in Section 2 Chapter III herein.”
3. Article 20 is amended as follows:
“Article 20. Application for registration of change in contents or reissuance of the certificate of establishment
1. An application form.
2. A copy of the issued certificate of establishment.
4. Point b Clause 1 of Article 29 is amended as follows:
“b) A copy of the certificate of establishment or establishment decision prescribed by law.”
Article 17. Amendments to some Articles of the Government’s Decree No. 136/2013/ND-CP dated October 21, 2013 on social support policies for social protection beneficiaries and Government’s Decree No. 28/2012/ND-CP dated April 10, 2012 on guidelines for some Articles of the Law on Persons with Disabilities
1. Article 7 of the Decree No.136/2013/ND-CP is amended as follows:
“Article 7. Application for monthly social benefits and monthly care assistance
1. An application for monthly social benefits includes an application form made using the Forms No. 1a, 1b, 1c, 1d and 1dd in the Appendix IV enclosed with this Decree.
2. An application for monthly care assistance includes:
a) A declaration of the household having disabled persons (Form No. 2a in the Appendix enclosed with this Decree);
b) An application form for social protection beneficiary caregiving with certification of eligibility by the President of People’s Committee of the commune made using the Form No. 2b in the Appendix IV enclosed with this Decree;
c) An application form made by a beneficiary entitled to receive care using the Form No. 03 in the Appendix IV enclosed with this Decree if such beneficiary does not receive monthly social benefits;
3. A written proposal made by the beneficiary, his/her guardian or relevant organization/individual in case of applying for adjustment to the benefits, waiving the right to benfits or changing place of residence.”
2. Article 8 of the Decree No.136/2013/ND-CP is amended as follows:
“Article 8. Procedures for providing, adjusting or waiving the right to monthly social benefits or monthly care assistance
1. Procedures for providing, adjusting or waiving the right to monthly social benefits or monthly care assistance are as follows:
a) The beneficiary, his/her guardian or relevant organization/individual shall prepare an application prescribed in Article 7 of this Decree and submit it to the President of the People’s Committee of the commune. Upon submission of the application, the following documents shall be produced for comparison:
- Family register of the beneficiary or written confirmation provided by the police authority of the commune.
- Birth certificate of the child in case of considering providing social benefits to the child, poor person who is raising his/her child or disabled person who is raising his/her child.
- Written certification of HIV infection issued by a competent health authority in case of HIV infection.
- Written certification of pregnancy issued by a competent health authority in case the disabled person is having pregnancy.
- Disability certificate in the case of disabled person.
b) Within 10 working days from the receipt of the satisfactory application, the appraisal council shall consider appraising it and publish the appraisal result at the People’s Committee of the commune within 05 working days, except the beneficiary’s HIV-related information.
After the period of time over which the result is published, if no complaint is lodged, the appraisal council shall include the minutes of final meeting to the beneficiary’s application and submit it to the People’s Committee of the commune.
In case any complaint is lodged, within 10 working days from the receipt of the compliant, the appraisal council shall give a conclusion and publish the complaint-related issues and submit them to the President of People's Committee of the commune;
c) Within 03 working days from the receipt of the conclusion record sent by the appraisal council, the President of the People’s Committee of the commune shall submit a written request (enclosed with the beneficiary’s application) to the district employment authority.
d) Within 07 working days from the receipt of the beneficiary’s application and written request submitted by the President of People's Committee of the commune, the district employment authority shall carry out appraisal and request the President of People's Committee of the district in writing to decide to provide social benefits to the beneficiary. In case of ineligibility for receipt of social benefits, the district employment authority shall provide a written response and explanation;
dd) Within 03 working days from the receipt of the written request sent by the district employment authority, the President of People's Committee of the district shall consider providing monthly social benefits to the beneficiary.
The date on which the elderly starts receiving monthly social benefits as prescribed in Point b Clause 5 Article 5 of this Decree begins from the date on which he/she reaches 80 years of age. The date on which other beneficiaries start receiving monthly social benefits begins from the month in which the President of People's Committee of the district signs the decision on provision of monthly social benefits.
Beneficiaries is allowed to apply for adjustment to or waive their right to monthly social benefits from month date on which other beneficiaries start receiving monthly social benefits begins from the month following the month in which the President of People's Committee of the district signs the decision.
2. If a beneficiary of monthly social benefits is dead, the President of People's Committee of the commune shall notify the district employment authority, which will request the President of People's Committee of the district to decide to waive such beneficiary’s right to monthly social benefits.
The beneficiary’s right to monthly social benefits shall be waived from the month following the month in which the beneficiary is dead.
3. Procedures for providing monthly social benefits if the beneficiary changes his/her place of residence within the same district are as follows:
a) The beneficiary or his/her guardian shall submit an application form for receipt of monthly social benefits to the President of People’s Committee of the commune where his/her new place of residence exists;
b) Within 03 working days from the receipt of the application form, the President of the People’s Committee of the commune shall send a notification to the district employment authority;
c) Within 03 working days from the receipt of the notification sent by the President of the People’s Committee of the commune, the district employment authority shall consider providing monthly social benefits to the beneficiary at his/her new place of residence.
4. Procedures for providing monthly social benefits if the beneficiary changes the place of residence within multiple districts are as follows:
a) The beneficiary who changes his/her place of residence shall submit an application form for receipt of monthly social benefits to the President of the People’s Committee of the commune where he/she is receiving monthly social benefits;
b) The President of the People’s Committee of the commune shall send a notification to the district employment authority;
The district employment authority shall request the President of People's Committee of the district to issue a decision on provision of monthly social benefits at the old place of residence and shall submit the beneficiary’s application to the President of People's Committee of the commune where the new place of residence exists;
c) Within 03 working days from the receipt of the application, the President of the People’s Committee of the commune shall confirm and transfer it to the district employment authority;
d) Within 05 working days from the receipt of the beneficiary’s application, the district employment authority shall appraise it and submit it to the President of People's Committee of the district to decide to provide monthly social benefits to the beneficiary from the month following the month specified in the decision to waive the right to monthly social benefits issued by the President People's Committee of the district where the beneficiary’s old place of residence exists.”
Article 18. Repeal of Articles 20, 21 and 22 of the Government’s Decree No. 28/2012/ND-CP dated April 10, 2012 on guidelines for some Articles of the Law on Persons with Disabilities; Article 21 of the Government’s Decree No. 136/2013/ND-CP dated October 21, 2013 on social support policies for social protection beneficiaries.
Tìm kiếm
Nghị định 140/2018/NĐ-CP sửa đổi, bổ sung các Nghị định liên quan đến điều kiện đầu tư kinh doanh và thủ tục hành chính thuộc phạm vi quản lý nhà nước của Bộ Lao động - Thương binh và Xã hội (Bản Pdf)
Nghị định 140/2018/NĐ-CP sửa đổi, bổ sung các Nghị định liên quan đến điều kiện đầu tư kinh doanh và thủ tục hành chính thuộc phạm vi quản lý nhà nước của Bộ Lao động - Thương binh và Xã hội (Bản Word)