Nghị định 20/2021/NĐ-CP chính sách trợ giúp xã hội đối với đối tượng bảo trợ xã hội

GOVERNMENT -------	SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness ----------------
No. 20/2021/ND-CP	Hanoi, March 15, 2021

 

DECREE

SOCIAL SUPPORT POLICIES FOR SOCIAL PROTECTION BENEFICIARIES

Pursuant to Law on Governmental Organization dated June 19, 2015; Law on amendments to Law on Government Organization and Law on Local Governmental Organization dated November 22, 2019;

Pursuant to Law on State Budget dated June 25, 2015;

Pursuant to Law on the Elderly dated November 23, 2009;

Pursuant to Law on Persons with Disabilities dated June 17, 2010;

Pursuant to Children Law dated April 5, 2016;

Pursuant to Law on Prevention of virus infection causing acquired immunodeficiency syndrome (HIV/AIDS) dated June 29, 2006;

Pursuant to Law on natural disaster prevention and control dated June 19, 2013;

Pursuant to Law on amendments to Law on Natural Disaster Prevention and Control and Law on Dikes dated June 17, 2020;

At request of Minister of Labor – War Invalids and Social Affairs;

The Government promulgates Decree on social support policies for social protection beneficiaries.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree prescribes regular social support policies in community; care and nurture adoption in community; emergency social support and care, nurture in social support facilities.

Article 2. Term interpretation

In this Decree, terms below are construed as follows:

1. “care and nurture adoption in community” refers to when households and individuals provide care and nurture for social support beneficiaries with particularly disadvantaged conditions in households.

2. “seriously injured individual” refers to an individual who is injured and requiring emergency aid and treatment in medical facilities for at least 3 days.

3. “household subject to emergency relocation” refers to a household which must relocate due to risk of landslide, flood, inundation, natural disasters, fire or other force majeure decided by competent authority.

4. “a force majeure event” refers to an event that takes place objectively, unexpectedly and irreversibly despite the fact that all necessary measures and efforts have been taken.

5. “serious consequences due to natural disasters, fire, traffic accidents or other force majeure events” refer to humans who are killed or seriously injured.

6. “individuals holding obligations and rights to take care of the elderly” refer to spouses or children of the elderly and other individuals obliged to provide care or nurture according to regulations and law on marriage.

Article 3. Basic principles regarding social support policies

1. Social support policies are implemented promptly, fairly, publicly and transparently; on the basis of level of disadvantage and priority in family and community where beneficiaries live.

2. Social support policies are amended depending on national economic conditions and minimum living standards from time to time.

3. The Government encourages and enables agencies, organizations and individuals to take care, nurture and support social support beneficiaries.

Article 4. Standard social support amount

1. Standard social support amount serves as the basis for determining social benefits, financing adoption for care and nurture; financing for nurture in social support facilities and other social support amount.

2. Standard social support amount applicable from July 1, 2021 is VND 360.000 per month.

Depending on balancing capacity of budget, increase rate of consumption rates and living conditions of social protection beneficiaries, competent agencies shall consider and increase standard social support amount accordingly; guarantee relation with policies on other beneficiaries.

3. Depending on socio-economic conditions in local administrative divisions, People’s Committees of provinces shall request People's Councils of provinces to guarantee that:

a) Standard social support amount and social support amount applied in provinces are not lower than standard social support amount and social support amount prescribed under this Decree;

b) Other individuals facing difficulties not specified under this Decree benefit from social support policies.

Chapter II

REGULAR SOCIAL SUPPORT IN COMMUNITY

Article 5. Social protection beneficiaries eligible for monthly social benefits

1. Children who are under 16 years of age, receiving no nurture and:

a) abandoned without foster parent(s); or

b) without both parents; or

c) without a parent while the other is declared missing as per the law; or

d) without a parent while the other is receiving care, nurture in a social support facility or social housing; or

dd) without a parent while the other is serving prison sentence or complying with decision on penalties against administrative violations in reform school, mandatory education institution or mandatory rehabilitation center; or

e) having both parents declared missing as per the law; or

g) having both parents receiving care, nurture in social support facilities or social houses; or

h) having both parents serving prison sentences or complying with decisions on penalties against administrative violations in reform schools, mandatory education institutions or mandatory rehabilitation centers; or

i) having a parent declared missing as per the law while the other is receiving care, nurture in social support facility or social house; or

k) having a parent declared missing as per the law while the other is serving prison sentence or complying with decision on penalties against administrative violations in reform school, mandatory education institution or mandatory rehabilitation center; or

l) having a parent receiving care, nurture in social support facility while the other is serving prison sentence or complying with decision on penalties against administrative violations in reform school, mandatory education institutions or mandatory rehabilitation center.

2. Individuals under Clause 1 of this Article who are receiving monthly benefits, of 16 years of age and pursuing formal education, vocational education, professional secondary education, college education or first higher education degrees shall benefit from social support policies until they finish education or reach the age of 22, whichever comes first.

3. Children living in poor households and contracted HIV/AIDS.

4. Individuals who live in poor, near-poor households and have not married; individuals who are married to spouses that are deceased or missing as per the law and raising children under 16 years of age or children from 16 to 22 years of age that are pursuing formal education, vocational education, professional secondary education, college education or first higher education degrees according to Clause 2 of this Article (hereinafter referred to as “poor single parent”).

5. The elderly who are:

a) living in poor households, deprived of individuals with obligations and rights to care or living with individuals with obligations and rights to care who are benefiting from monthly social benefits; or

b) from 75 to 80 years of age, living in poor or near-poor households, not specified under Point a of this Clause and living in ethnic minorities in communes, hamlets and mountainous regions; or

c) of 80 years of age or older, not specified under Clause a of this Clause and receiving no pension, monthly social security benefits or monthly social benefits; or

d) living in poor households, having no individuals with obligations and rights to care for, inadequate to live in community, adequate to be admitted to social support facilities and receiving care, nurture in community.

6. Individuals with severe disabilities and individuals with very severe disabilities according to regulations and law on individuals with disabilities.

7. Children under 3 years of age, living in poor households or near-poor households, not specified under Clauses 1, 3, and 6 of this Article and living in ethnic minorities in communes, hamlets and mountainous regions.

8. Individuals contracted HIV/AIDS, living in poor households and having no stable monthly income namely salary, wage, pension, social security benefit, monthly social security.

Article 6. Monthly social benefit

1. Individuals under Article 5 hereof shall receive monthly social benefits equal to the product of social support standards under Article 4 hereof multiplying with following coefficient:

a) For individuals under Clause 1 Article 5 hereof:

- 2.5 for children under 4 years of age;

- 1.5 for children at 4 years of age or older.

b) 1.5 for individuals under Clause 2 Article 5 hereof.

c) For individuals under Clause 3 Article 5 hereof:

- 2.5 for children under 4 years of age;

- 2.0 for children from 4 years of age to under 16 years of age.

d) For individuals under Clause 4 Article 5 hereof:

1.0 for every child the beneficiaries are raising.

dd) For individuals under Clause 5 Article 5 hereof:

- 1.5 for individuals under Point a Clause 5 from 60 years of age to 80 years of age;

- 2.0 for individuals under Point a Clause 5 at 80 years of age or older;

- 1.0 for individuals under Points b and c Clause 5;

- 3.0 for individuals under Point d Clause 5.

e) For individuals under Clause 6 Article 5 hereof:

- 2.0 for individuals with very severe disabilities;

- 2.5 for children with very severe disabilities or the elderly with very severe disabilities;

- 1.5 for individuals with severe disabilities;

- 2.0 for children with severe disabilities or the elderly with severe disabilities.

g) 1.5 for individuals under Clauses 7 and 8 Article 5 hereof.

2. In case a beneficiary is eligible for multiple coefficients under Clause 1 of this Article or under different documents, only the highest coefficient prevails. Poor single parents who fall under cases specified in Clauses 5, 6, and 8 Article 5 hereof shall benefit from both provisions under Clause 4 Article 5 and provisions under Clauses 5, 6, and 8 Article 5 hereof.

Article 7. Application for provision of monthly social benefits, monthly financing of care and nurture

1. Application for provision of monthly social benefits includes:

Declaration using Forms No. 1a, 1b, 1c, 1d, and 1dd attached hereto.

2. Application for monthly financing of care and nurture includes:

a) Declaration using Form No. 2a attached hereto;

b) Declaration using Form No. 2b attached hereto;

c) Declaration using Form No. 3 attached hereto.

Article 8. Procedures for implementation, revision and suspension of benefiting from monthly social benefits and monthly care financing

1. Procedures for implementation, revision and suspension of benefiting from monthly social benefits and monthly care, nurture financing are as follow:

a) Beneficiaries, their guardians or relevant organizations, individuals shall prepare application according to Article 7 hereof and submit to People’s Committees of communes, wards, townlets where they live (hereinafter referred to as “People’s Committees of communes”). Following documents must be submitted along submission of application to enable receiving officials to compare information:

- Family register of beneficiaries of written confirmation of police authorities of communes, wards, townlets; ID Cards of Citizen Identity Cards;

- Birth certificates of children in case of considering social benefits for children, poor single parents, individuals with disabilities and raising children;

- Written confirmation of HIV infection of competent medical agencies for cases of HIV infection;

- Written confirmation of pregnancy of competent medical agencies for cases of pregnant individuals with disabilities;

- Written confirmation of disabilities for cases of individuals with disabilities.

b) Within 7 working days from the date on which adequate documents are received, officials in charge of labor - war invalids and social affairs are responsible for reviewing the documents and presenting to Chairpersons of People’s Committees of communes to consider, decide and publicly post approval results at head offices of People’s Committees of communes in 2 working days, except for information related to HIV/AIDS condition of the applicants.

In case of complaints, within 10 working days from the date on which complaints are received, Chairpersons of People’s Committees of communes shall review, conclude and publicize the complaints.

c) Within 3 working days from the date on which documents are approved without complaints, Chairpersons of People’s Committees of communes shall request Sub-departments of Labor – War Invalids and Social Affairs in writing and attach documents of the applicants.

d) Within 7 working days from the date on which subjects’ documents and written request of Chairpersons of People’s Committees of communes, Sub-departments of Labor – War Invalids and Social Affairs are responsible for appraising and presenting decision on monthly social benefits, monthly financing for care, nurture for the applicants to Chairpersons of People’s Committees of districts, townlets (hereinafter referred to as “Chairpersons of People’s Committees of districts”). In case the applicants are ineligible, Sub-departments of Labor – War Invalids and Social Affairs shall respond in writing and provide reason.

dd) Within 3 working days from the date on which written presentation of Sub-departments of Labor – War Invalids and Social Affairs are received, Chairpersons of People’s Committees of districts shall review and decide on provision of monthly social benefits and monthly financing for care, nurture for applicants.

Period of monthly social benefits for the elderly under Point b Clause 5 Article 5 of this Decree starts as soon as they reach 75 years of age and 80 years for the elderly specified under Point c Clause 5 Article 5 of this Decree. Period of monthly social benefits for persons with disabilities starts from the month in which they are issued with verification of level of disabilities. Period of monthly social benefits, monthly financing for care, nurture of other beneficiaries starts from the month in which Chairpersons of People’s Committees sign decisions on monthly social benefits.

Revision period for monthly social benefits starts from the month in which applicants are eligible for revision.

2. In case beneficiaries of monthly social benefits, monthly financing for care and nurture decease or turn ineligible for social benefits, Chairpersons of People’s Committees of communes shall request Sub-departments of Labor – War Invalids and Social Affairs to submit reports to Chairpersons of People’s Committees of districts to suspend monthly social benefits, monthly financing for care and nurture.

Beneficiaries of monthly social benefits and monthly financing for care, nurture shall cease to receive such benefits in the month following the month in which they decease or turn ineligible for social benefits.

Ministry of Labor – War Invalids and Social Affairs shall provide specific guidelines for cases of temporary and permanent suspension of monthly social benefits and monthly financing for care, nurture.

3. Procedures for paying social benefits and adopting care on a monthly basis when beneficiaries change residence within the same districts, townlets, towns affiliated to provinces are as follow:

a) Beneficiaries or their guardians shall send written request to Chairpersons of People’s Committees of communes of the new residence;

b) Within 3 working days from the date on which written request is received, Chairpersons of People’s Committees of communes shall send notice to Sub-department of Labor – War Invalids and Social Affairs;

c) Within 3 working days from the date on which notice of Chairpersons of People’s Committees of Council is received, Sub-department of Labor – War Invalids and Social Affairs are responsible for appraising and paying monthly social benefits and monthly financing for care, nurture for beneficiaries in new residence address.

4. Procedures for deciding monthly social benefits and monthly financing for care when beneficiaries change residence between districts, towns, townlets affiliated to provinces or central-affiliated cities are as follows:

a) Beneficiaries changing residence shall request Chairpersons of People’s Committees of communes where they are benefitting from monthly social benefits;

b) Chairpersons of People’s Committees of communes where the beneficiaries are receiving monthly social benefits and monthly financing for care and nurture shall send notice to Sub-department of Labor – War Invalids and Social Affairs.

Sub-department of Labor - War Invalids and Social Affairs shall request Chairpersons of People’s Committees of districts to decide on suspending monthly social benefits and financing for care, nurture in old residence and send documents of beneficiaries to Chairpersons of People’s Committees of communes of new residence of the beneficiaries;

c) Within 3 working days from the date on which documents of the beneficiaries are received, Chairpersons of People’s Committees of communes of the new residence shall verify and transfer the documents to Sub-department of Labor – War Invalids and Social Affairs;

d) Within 5 working days from the date on which documents on beneficiaries are received, Sub-department of Labor – War Invalids and Social Affairs shall appraise and request Chairpersons of People’s Committees of districts to provide monthly social benefits and monthly financing for care, nurture for beneficiaries. Beneficiaries shall benefit from monthly social benefits and monthly financing for care and nurture in the month following the month in which they cease to benefit from monthly social benefits and monthly financing for care and nurture from Chairpersons of People’s Committees of previous residence.

Article 9. Issuance of health insurance card

1. Social protection beneficiaries receiving monthly social benefits shall be issued with health insurance card according to regulations and law on health insurance.

2. In case an individual under Clause 1 of this Article is eligible for multiple types of health insurance cards, they shall only be issued with a single health insurance card that guarantees the highest health insurance benefits.

Article 10. Education, training and vocational education assistance

An individual specified under Article 5 of this Decree pursuing formal education, vocational education, college education and university education shall benefit from support policies regarding education, training and vocational education as per the law.

Article 11. Financing for funeral cost

1. Individuals below shall receive financing for funeral cost upon their decease:

a) Individuals specified under Article 5 hereof benefiting monthly social benefits;

b) Children of poor single parents specified under Clause 4 Article 5 hereof;

c) Individuals of at least 80 years of age receiving monthly survivor allowance from social insurance and other monthly social allowances.

2. The financing for funeral costs for beneficiaries specified in Clause 1 of this Article is equal to 20 times of the standard rate of social support specified in Clause 2 Article 4 hereof.

3. Application for financing for funeral cost includes:

a) Application for financing for funeral cost of agencies, organizations, households or individuals in charge of organizing funeral for beneficiaries using Form No. 4 attached hereto;

b) Copies of death certificates of beneficiaries;

b) Copies of decisions or list of individuals suspended from social benefits and other benefits of competent agencies for cases specified under Point c Clause 1 of this Article.

4. Procedures for financing funeral cost:

a) Individuals, agencies and entities in charge of organizing funeral shall prepare as specified under Clause 3 of this Article and submit to Chairpersons of People’s Committees of communes;

b) Within 2 working days from the date on which adequate application is received, Chairpersons of People’s Committees of communes shall send the application and beneficiaries’ dossiers to Sub-departments of Labor – War Invalids and Social Affairs;

c) Within 3 working days from the date on which documents of Chairpersons of People’s Committees of communes are received, Sub-departments of Labor - War Invalids and Social Affairs shall consider and request Chairpersons of People’s Committees of districts to decide on financing funeral cost.

Chapter III

EMERGENCY SOCIAL SUPPORT

Article 12. Food and necessity support utilizing state budget

1. Provide 15 kg of rice/person/month for 1 month for each support period for beneficiaries that are hunger households during Lunar New Year. Support for no more than 3 months for each support period for hunger beneficiaries due to natural disasters, fire, harvest failure, lean seasons or other force majeure utilizing local resources and national reserves.

2. Provide necessities:

Beneficiaries facing disadvantages due to natural disasters, diseases or other force majeure who lose houses and are unable to guarantee their necessities shall be considered for support based on mobilized resources or national reserves: tents, drinking water, food, blankets, sheets, pans, fire fuel, motorized boats and other necessities serving current demands.

3. Procedures for support are as follows:

a) Heads of hamlets, neighborhoods (hereinafter referred to as “heads of hamlets”) shall prepare list of households and number of members thereof that face hunger, lack of necessities and require support using Forms No. 5a and 5b attached hereto;

b) Heads of hamlets shall take charge and work with representatives of relevant organizations in the hamlets to review households and members thereof that face hunger, lack of necessities included in the list, finalize and submit to Chairpersons of People’s Committees of communes;

c) Within 2 days from the date on which request sent by heads of hamlets is received, Chairpersons of People’s Committees of communes shall review and decide to support for necessary cases. In case of lack of resources, request Sub-departments of Labor – War Invalids and Social Affairs in writing for assistance;

d) Sub-departments of Labor – War Invalids and Social Affairs shall appraise and request Chairpersons of People’s Committees of districts to decide and assist;

dd) Chairpersons of People’s Committees of districts shall decide and provide assistance. In case of lack of resources, request Departments of Labor – War Invalids and Social Affairs and Departments of Finance in writing for assistance;

e) Departments of Labor – War Invalids and Social Affairs shall take charge and cooperate with Departments of Finance and relevant ministries in consolidating and requesting Chairpersons of People’s Committees of provinces to consider and decide. In case of lack of resources, Chairpersons of People’s Committees of provinces shall request Ministry of Labor – War Invalids and Social Affairs in writing;

g) Ministry of Labor – War Invalids and Social Affairs shall take charge and cooperate with ministries managing national reserved commodities in consolidating local support demands and reporting to Prime Minister; request Ministry of Finance to appraise and present Prime Minister for review and deciding on extraction of national reserved commodities;

h) Upon receiving support, Chairpersons of People’s Committees of all levels shall provide immediate support for beneficiaries as per the law;

i) At the end of each support period, People’s Committees of all levels are responsible for consolidating and submitting reports on support results.

Article 13. Financing for treatment cost for seriously injured individuals

1. Individuals seriously injured by natural disasters, fire, traffic accidents, serious occupational accidents or other force majeure in residence shall be considered for a minimum amount of 10 times the standard social support specified under Clause 2 Article 4 hereof.

Procedures for considering financing shall comply with Clause 3 Article 12 hereof.

2. In case of individuals seriously injured outside of residence specified under Clause 1 of this Article without care from relatives, agencies and organizations directly providing emergency medical aid shall request Chairpersons of People’s Committees of districts where the individuals receive emergency medical aid in writing to provide financing according to Clause 1 of this Article.

Within 2 days from the date on which request is received, Chairpersons of People’s Committees of districts shall consider and decide.

Article 14. Financing for funeral cost

1. Households with individuals deceasing or missing due to natural disasters, fire, diseases, traffic accidents, serious occupational accidents or other force majeure shall be considered for financing for funeral cost with a minimum amount of 50 times the standard social support specified under Clause 2 Article 4 hereof.

2. Agencies, organizations and individuals organizing funeral for deceased individuals under Clause 1 of this Article since nobody assumes the responsibility to organize funeral shall be eligible for financing for practical funeral cost which is at least 50 times the standard social support under Clause 2 Article 4 hereof.

3. Procedures for receiving financing for funeral cost are as follows:

a) Agencies, organizations, families or individuals directly holding funeral shall submit application using Form No 4 attached hereto and death certificates of beneficiaries specified under Clause 1 of this Article or verification of police authorities of communes for cases under Clause 2 of this Article to Chairpersons of People’s Committees of communes;

b) Within 3 working days from the date on which applications of Chairpersons of People’s Committees of communes are received, Chairpersons of People’s Committees of districts shall review and decide. In case of lack of funding, conform to Clause 3 Article 12 hereof.

Article 15. Financing for house construction and repair

1. Poor households, near-poor households and households facing disadvantages when their houses collapse, drift or burn entirely due to natural disasters, fire or other force majeure and having no other place to live shall be considered for financing for house construction with a minimum amount of VND 40,000,000/household.

2. Households subject to emergency relocation according to decision of competent agencies due to risks of landslide, flood, inundation, natural disasters, fire or other force majeure shall be considered for financing for house relocation cost with a minimum amount of VND 30,000,000/household.

3. Poor households, near-poor households and households having severely damaged houses due to natural disasters, fire or other force majeure which render the houses uninhabitable shall be considered for financing for house repair with a minimum amount of VND 20,000,000/household.

4. Procedures for considering financing for house construction and repair cost are as follows:

a) Households shall submit applications using Form No. 6 attached hereto to Chairpersons of People’s Committees of communes;

b) Procedures for considering financing for house affairs shall comply with Clause 3 Article 12 hereof.

Article 16. Emergency support for children whose parents decease or go missing due to natural disasters, fire, diseases or other force majeure

1. Children whose both parents decease or go missing due to natural disasters, fire, diseases or other force majeure and having no other relatives to take care, nurture shall receive support according to Clause 2 Article 19 hereof.

2. Procedures for providing support for children under Clause 1 of this Article shall conform to Clause 1 Article 12 hereof.

Article 17. Support for job creation and production development

1. Households with deceased, missing primary breadwinners or households with missing primary means of production due to natural disasters, fire, diseases or other force majeure thereby losing jobs shall be considered for receiving support for job creation and production as per applicable laws.

2. In case of particularly emergency or serious situations, provision of support under Article 12, Article 13 and Article 14 hereof shall conform to procedures decided by Chairpersons of People’s Committees of communes and ignore consideration phase in order to provide support for accurate beneficiaries, at the right amount and in a public, transparent manner.

Chapter IV

CARE AND NURTURE IN COMMUNITY

Article 18. Eligibility for receiving care and nurture in community

1. Individuals eligible for receiving monthly care and nurture from households, individuals in community include:

a) Individuals under Clause 1 Article 5 hereof;

b) Individuals under Point d Clause 5 Article 5 hereof;

c) Individuals under Clause 6 Article 5 hereof.

2. Individuals requiring emergency protection and eligible for receiving temporary care and nurture in community include:

a) Children whose both parents have deceased or gone missing as per the law without receiving care, nurture from capable relatives;

b) Victims of domestic violence; victims of sexual harassment, body violation; victims of trafficking; victims of labor abuse requiring emergency protection while waiting for transfer to residence or social support facilities, social houses;

c) Children and individuals wandering and begging while waiting for transfer to social support facilities, social houses;

d) Other individuals according to decisions of Chairpersons of People’s Committees of provinces.

3. Duration for temporary care and nurture in community for individuals under Clause 2 of this Article shall be 3 months or less. In case households and individuals do not provide permanent care and nurture at the end of temporary care and nurture period, Chairpersons of People’s Committees of communes shall transfer to other households and individuals for temporary care and nurture or request Sub-departments of Labor – War Invalids and Social Affairs to request Chairpersons of People’s Committees of districts to provide care and nurture in social support facilities and social houses as per the law.

Article 19. Policies for individuals provided with care and nurture

1. Individuals under Clause 1 Article 18 hereof shall benefit from following policies:

a) Monthly social benefits according to Article 6 hereof;

b) Issuance of health insurance card according to Article 9 hereof;

c) Support for education, training and vocational training according to Article 10 hereof;

d) Financing for funeral costs according to Article 11 hereof.

2. Individuals under Clause 2 Article 18 hereof upon being provided with care and nurture in households shall receive following support:

a) Allowances while living with households that provide care and care;

b) Medical treatment financing in case of treatment in medical examination and treatment establishments without health insurance cards;

c) Costs for transferring the individuals to residence or to social support facilities or social houses.

3. Ministry of Labor – War Invalids and Social Affairs shall provide guidelines on Clause 2 of this Article.

Article 20. Policies for households and individuals providing care and nurture

1. The lowest monthly financing for care and nurture for each individual under Clause 1, Point d Clause 5 Article 5 hereof shall equal standard social support under Clause 2 Article 4 hereof multiplied by following coefficient:

a) 2.5 for cases of providing care and nurture for children under 4 years of age specified under Clause 1 Article 5 hereof;

b) 1.5 for cases of providing care and nurture for children from 4 years of age to under 16 years of age specified under Clause 1 Article 5 hereof and Point d Clause 5 Article 5 hereof.

2. The lowest monthly financing for care and nurture for each individual under Clause 6 Article 5 hereof shall equal standard social support under Clause 2 Article 4 hereof multiplied by following coefficient:

a) Monthly financing for care for persons with very severe disabilities, persons with severe disabilities and expecting or raising children under 36 months of age is as follows:

- 1.5 for persons with very severe disabilities, persons with severe disabilities and expecting or raising a child under 36 months of age;

- 2.0 for persons with very severe disabilities, persons with severe disabilities, expecting and raising a child under 36 months of age or raising 2 children of 36 months of age or old;

In case a person with disabilities is eligible for multiple coefficients under this Point, he/she shall only benefit from the highest coefficient;

In case both spouses are persons with disabilities eligible for monthly financing according to this Point, only either spouse can benefit from monthly financing.

b) In case persons with very severe disabilities, persons with severe disabilities are receiving social benefits according to Clause 6 Article 5 hereof and expecting or raising children under 36 months of age, they shall benefit from financing under Point a Clause 2 hereof.

c) Households directly providing care, nurture for a person with very severe disabilities shall benefit from 1.0 financing coefficient.

d) Households, individuals providing care, nurture for persons with very severe disabilities shall receive financing with coefficient as follow:

- 1.5 for cases of providing care, nurture for a person with very severe disabilities;

- 2.5 for cases of providing care, nurture for a child with very severe disabilities;

3. Receive training for care and nurture operations.

4. Be prioritized for loan, vocational training for job creation, household economic development and other preferential treatment according to relevant law provisions.

5. Ministry of Labor – War Invalids and Social Affairs shall provide guidelines on Clause 3 of this Article.

Article 21. Procedures for providing care and nurture

1. Procedures for providing care and nurture for individuals under Clause 1 Article 18 hereof shall conform to Article 7 and Article 8 hereof.

2. Procedures for providing care and nurture for individuals under Point a Clause 2 Article 18 hereof shall conform to following regulations:

a) Heads of hamlets shall produce list of beneficiaries of care, nurture and individuals or households eligible for providing care and nurture in hamlets and submit to Chairpersons of People’s Committees of communes;

b) Within 2 working days, Chairpersons of People’s Committees of communes shall send notice to Sub-departments of Labor – War Invalids and Social Affairs;

Within 3 working days, Sub-departments of Labor – War Invalids and Social Affairs shall appraise and request Chairpersons of People’s Committees of districts to support. In case of rejection, produce written response and explanation;

d) Chairpersons of People’s Committees of communes shall deliver beneficiaries to organizations, individuals or households providing care and nurture as soon as decisions on support of Chairpersons of People’s Committees of districts are issued.

3. Procedures applied for individuals under Points b, c, and d Clause 2 Article 18 hereof shall conform to following regulations:

a) Beneficiaries or guardians thereof shall send notice and records on physical abuse, violation and verification of medical examination and treatment establishments regarding health conditions (if any) to Chairpersons of People’s Committees of communes.

Officials of communes in charge of labor, war invalid and social affairs where children and beggars without stable residence are physically abused and/or violated are responsible for producing documents;

b) Within 2 working days, Chairpersons of People’s Committees of communes shall organize inspection, verification and send notice to Sub-departments of Labor – War Invalids and Social Affairs;

Within 3 working days, Sub-departments of Labor – War Invalids and Social Affairs shall appraise and request Chairpersons of People’s Committees of districts to support. In case of rejection, produce written response and explanation;

d) Chairpersons of People’s Committees of communes shall deliver beneficiaries to organizations, individuals or households providing care and nurture as soon as decisions of Chairpersons of People’s Committees of districts are issued.

Article 22. Eligibility and responsibilities of individuals providing care and nurture for children

1. Individuals providing care and nurture for children must guarantee all following eligibility:

a) Have full legal capacity and follow policies of the Communist Party, regulations and law of the Government;

b) Voluntarily provide care for children;

c) Have stable residence and accommodations for children receiving care and nurture;

d) Have economic, health conditions and experience in taking care of children;

dd) If they are living with their spouses, their spouses must satisfy eligibility under Point a and Point b of this Clause.

2. Grandparents, aunts, uncles, siblings provide care for children under Clause 1 Article 5 hereof without satisfying eligibility under Points a, c, and d Clause 1 of this Article are still considered for policies under Article 12 hereof.

3. Individuals providing care and nurture for children must assume all following responsibilities:

a) enabling children to go to schools, receive health care, participate in recreational activities;

b) guarantee safe and hygienic accommodations for children;

c) treat children with equality;

dd) perform other obligations as per the law.

4. Cases where provision of care and nurture for children is discontinued:

a) treat children inappropriately;

b) take advantage of provision of care and nurture for personal gain;

c) having financial issues or other reasons which lead to inability to guarantee care and nurture for children;

d) seriously violate rights of children.

Article 23. Eligibility and responsibilities for individuals providing care and nurture for persons with very severe disabilities and the elderly living in social support facilities

1. Individuals providing care and nurture for persons with very severe disabilities and the elderly living in social support facilities must guarantee following eligibility and responsibilities:

a) Have full legal capacity and follow policies of the Communist Party, regulations and law of the Government;

b) Have health, experience and skills for taking care of persons with disabilities and the elderly;

c) Have stable accommodations for persons with disabilities and the elderly;

d) Have adequate financial conditions;

dd) If they are living with their spouses, their spouses must satisfy eligibility under Point a and Point b of this Clause.

2. Cases where provision of care and nurture for persons with disabilities and the elderly is discontinued:

a) Treat persons with disabilities and/or the elderly in appropriately;

b) take advantage of provision of care and nurture for personal gain;

c) Experience financial issues or other reason which lead to inability to guarantee care and nurture for persons with disabilities and/or the elderly;

d) seriously violate rights of beneficiaries of care and nurture.

Chapter V

CARE AND NURTURE FOR SOCIAL PROTECTION BENEFICIARIES IN SOCIAL SUPPORT FACILITIES AND SOCIAL HOUSES

Article 24. Social protection beneficiaries receiving care and nurture in social support facilities and social houses (hereinafter referred to as “social support facilities”)

1. Social protection beneficiaries with particularly disadvantaged conditions include:

a) Individuals specified under Clauses 1 to 3 Article 5 hereof who face difficulties, cannot live on their own and receive no care and/or nurture in community;

b) The elderly eligible for receiving care and nurture in social support facilities as per the law on the elderly;

c) Children with disabilities, persons with disabilities eligible for receiving care and nurture in social support facilities according to regulations and law on the elderly.

2. Individuals requiring emergency protection include:

a) Victims of domestic violence; victims of sexual assault; victims of trafficking; victims of labor abuse;

b) Children and beggars waiting for transfer to residence;

c) Other individuals according to decisions of Chairpersons of People’s Committees of provinces.

3. Minors, individuals no longer capable of working eligible for receiving care and nurture in social support facilities according to regulations and law on imposing penalties for administrative violations.

4. Duration for provision of care and nurture for beneficiaries specified under Clause 2 of this Article in social support facilities and social houses shall not exceed 3 months. If beneficiaries are not returned to families or community after 3 months, superior agencies of social support facilities shall consider and decide on appropriate solutions.

5. Beneficiaries voluntarily live in social support facilities include:

a) The elderly conforming to trust contracts for care;

b) Individuals not specified under Clauses 1, 2, and 3 of this Article ineligible for living in families and wishing to live in social support facilities.

Article 25. Policies on care and nurture in social support facilities

Individuals under Clauses 1, 2, and 3 Article 24 hereof upon being provided with residence in social support facilities shall receive care and nurture as follows:

1. The lowest monthly financing for each individual shall equal standard social support under Clause 2 Article 4 hereof multiplied by following coefficient:

a) 5.0 for children under 4 years of age;

b) 4.0 for children from 4 years of age or older.

2. Issue health insurance card according to regulations and law on health insurance card.

3. Provide financing for funeral cost upon death with a minimum value of 50 times the standard social support specified under Clause 2 Article 4 hereof.

4. Provide necessities for daily routine, blankets, towels, mats, summer clothes, winter clothes, underwear, handkerchief, shoes, toothbrushes, regular medicine, personal hygiene products for women in reproductive age, books, notebooks and school supplies for beneficiaries pursuing education and other costs as per the law.

5. In case a beneficiary is receiving monthly financing for nurture under Clause 1 of this Article, he/she shall not receive monthly social benefits according to Article 6 hereof.

Article 26. Education, training and job creation

1. Individuals receiving care and nurture in socials support facilities shall benefit from policies on supporting preschool education, formal education, vocational education, professional secondary education, college, and formal higher education as per the law.

2. Children specified under Clauses 1, 2, and 3 Article 24 hereof of 16 years of age or older pursuing formal education, vocational education, professional secondary education, college, or formal higher education shall continue to receive care and nurture in social support facilities until they finish education or until they are 22 years of age (whichever comes first).

3. Children from 13 years of age or older receiving care and nurture in social support facilities and no longer pursuing formal education shall be introduced to vocational training.

4. Individuals specified under Clauses 1, 2, and 3 Article 24 of this Decree, older than 16 years of age and no longer pursuing formal education, vocational education, professional secondary education, college or higher education shall be transferred to residence where they live prior to transfer to social support facilities. People’s Committees of communes where the individuals previously live are responsible for accepting and enabling the individuals to have stable jobs and life.

5. Individuals specified under Clauses 1 and 3 Article 24 hereof of 16 years of age or older and no longer pursuing formal education, vocational education, professional secondary education, college or higher education shall be considered by social support facilities and local governments for support regarding accommodations, job creations and provided with monthly financing by social support facilities until they are capable of living on their own but no longer than 24 months.

Article 27. Entitlement and application for admission to social support facilities

1. Entitlement for admission to social support facilities: Heads of social support facilities shall decide on admitting individuals to the facilities. For social support facilities under management by district governments, Chairpersons of People’s Committees of districts shall decide on admitting individuals to the facilities.

2. Application for admission to social support facilities for social protection beneficiaries having particularly disadvantaged conditions specified under Clause 1 Article 24 hereof includes:

a) Declaration of individuals or guardians thereof using Form No. 7 attached hereto;

b) Copies of birth certificates for children (adopt birth certificate registration procedures according to regulations and law on civil registration for abandoned children);

c) Copies of written confirmation of disabilities for cases of persons with disabilities;

d) Written confirmation of HIV infection of competent medical agencies for cases of HIV infection;

dd) Written request of People’s Committees of communes;

e) Other relevant documents (if any);

g) Written request of Chairpersons of People’s Committees of districts sent to supervisory agencies of social support facilities (if the individuals apply for admission to social support facilities of provinces);

h) Decision on admission of heads of social support facilities.

3. Application for admission to social support facilities for individuals requiring emergency protection specified under Clause 2 Article 24 hereof includes:

a) Declaration of individuals or guardians thereof using Form No. 7 attached hereto;

b) Copies of ID Cards, Citizen Identity Cards or personal documents of the individuals (if any);

c) Records for emergency cases where the individuals’ safety is threatened;

d) Written request of Chairpersons of People’s Committees of communes where the individuals are residing or where emergency protection is required;

dd) Written request of Chairpersons of People’s Committees of districts sent to supervisory agencies of social support facilities (if the individuals apply for admission to social support facilities of provinces);

e) Decision on admission of heads of social support facilities.

4. Application for admission to social support facilities submitted on a voluntary basis includes:

a) Contract for provision of social support service using Form No. 8 attached hereto;

b) Copies of ID Cards or Citizen Identity Cards or Passports or other valid personal identification papers of the individuals.

Article 28. Procedures for admission to social support facilities

1. Procedures for admission to social support facilities for social protection beneficiaries having particularly disadvantaged conditions specified under Clause 1 Article 24 are as follows:

a) Applicants or guardians thereof send documents specified under Points a, b, and c Clause 2 Article 27 hereof to Chairpersons of People’s Committees of communes;

b) Within 10 working days from the date on which applications are received, Chairpersons of People’s Committees of communes are responsible for approving and posting approval results (except for information on HIV conditions of the applicants) publicly at head offices of Chairpersons of People’s Committees of communes within 7 working days;

c) Within 7working days from the date on which applications and written request of Chairpersons of People’s Committees of communes are received, Sub-departments of Labor - War Invalids and Social Affairs shall consider and appraise and request Chairpersons of People’s Committees of districts to decide;

d) Within 3 working days from the date on which written request of Sub-departments of Labor - War Invalids and Social Affairs is received, Chairpersons of People’s Committees of districts shall decide on admitting the individuals to social support facilities under their management or request Departments of Labor - War Invalids and Social Affairs to consider and transfer the applications to heads of social support facilities who will admit the individuals to social support facilities;

dd) Within 7 working days from the date on which applications and written request of Chairpersons of People’s Committees of districts are received, Sub-departments of Labor – War Invalids and Social Affairs shall appraise and transfer the applications to social support facilities under their management; upon receiving adequate applications, heads of social support facilities shall decide on admitting the individuals to their social support facilities;

e) In case of rejection, respond in writing and specify reasons.

2. Procedures for admission to social support facilities for individuals requiring emergency protection specified under Clause 2 Article 24 are as follows:

a) Social support facilities are responsible for immediately admitting individuals requiring emergency protection to the social support facilities and completing following procedures:

Step 1. Produce records of admission bearing signatures of individuals or representatives of entities finding the individuals (if any), commune authorities (or police), and representatives of social support facilities. For individuals who are victims of domestic violence, victims of sexual assault, victims of trafficking and/or victims of labor abuse, records of admission must also bear signatures of the individuals (if possible);

Step 2. Assess level of injury, recovery capacity and needs for help of the individuals to develop plans for helping the individuals;

Step 3. Guarantee safety and treatment for physical and mental injuries in a timely manner; for abandoned children, make announcement on mass media within 25 working days;

Step 4. Decide on providing support for the individuals in social support facilities or transferring the individuals to families, community;

Step 5. Complete procedures and applications of the individuals as per the law; in case of abandoned children; social support facilities shall adopt procedures for registering birth certificates for the children according to regulations and law on civil status.

b) Procedures and applications must be completed within 10 working days from the date on which the individuals are admitted; cases that require more than 10 working days shall be decided by supervisory agencies.

3. Procedures for admission to social support facilities for applicants applying on a voluntary basis are as follows:

Individuals shall sign contracts for provision of social support service on a voluntary basis with heads of social support facilities and submit physical copies of ID Cards or Citizen Identity Cards or Passports or other valid personal identification papers.

Article 29. Preparation of dossier on management of individual in social support facilities

Social support facilities must produce and manage personal dossier of each individual. Dossiers of individuals include:

1. Application for admission to social support facilities under Article 27 hereof.

2. Social support plans and relevant documents.

3. Decisions on suspension of social support or settlement of contracts for social support service.

4. Documents related to the individuals.

Article 30. Entitlement, conditions and procedures for suspension of social support in social support facilities

1. Entitlement for suspension of social support: Heads of social support facilities shall decide on suspension of social support facilities. For social support facilities under management of district governments, Chairpersons of People’s Committees of districts shall decide on suspension of social support.

2. Conditions for suspending social support:

a) Terminate management according to decisions of heads of social support facilities;

b) Guardians, families or families, individuals providing care and nurture submit application using Form No. 9 attached hereof;

c) Individuals are adopted according to regulations and law on adopted children;

d) Individuals at 16 years of age. In case individuals are at 16 years of age or older pursuing formal education, vocational education, professional secondary education, college or higher education shall receive care and nurture in facilities until they finish formal higher education or reach 22 years of age (whichever comes first);

dd) Social support facilities are incapable of providing appropriate social support service for the individuals;

e) The individuals do not contact for 1 month;

g) The individuals request suspension of social support;

h) The individuals decease or go missing as per the law;

i) Terminate contracts for provision of social support service;

k) Other cases according to regulations and law.

3. Procedures for suspending social support:

a) Individuals using service or guardians, relatives or households, individuals providing care and nurture or foster parents specified under Points b, c, d, and g Clause 2 of this Article shall submit application on suspension of social support using Form No. 9 attached hereto to heads of social support facilities (if any);

b) Within 7 working days from the date on which applications are received, Chairpersons of People’s Committees of districts shall decide on suspension of social support for individuals within their competence; heads of social support facilities shall decide on suspension of social support;

c) Produce records of transferring individuals to families and community bearing confirmation of People’s Committees of communes or settle contract for social support service.

Chapter VI

EXPENDITURE ON IMPLEMENTATION

Article 31. Expenditure on implementation of regular social support policies

1. Expenditure on implementing regular social support policies, providing care in the community and expenditure on paying for policies, publicizing, approving beneficiaries, applying information technology, training, improving officials’ capacity and supervising shall conform to regulations and law on state budget.

2. Expenditure on guaranteeing care and nurture for beneficiaries specified under Clauses 1, 2, and 3 Article 24 hereof shall conform to following regulations:

Social support facilities of an administrative division shall be guaranteed by budget of respective government in social affair expenditure estimate.

3. Expenditure on regular activities, fundamental construction investment and other costs of social support facilities shall conform to regulations and law. Social support facilities may receive, utilize and manage funding sources and exhibits contributed by organizations and individuals for charity purposes must be used for the right purposes, for the right beneficiaries and settled as per the law.

4. Ministry of Finance shall provide guidelines on Clause 1 and Clause 2 hereof.

Article 32. Expenditure on emergency support

1. Expenditure on emergency support includes:

a) Budget of local government balanced according to regulations and law on state budget;

b) Support of domestic and foreign organizations and individuals for local governments made via agencies and organizations.

2. In case natural disasters, fire or widespread diseases cause severe damage and funding sources specified under Clause 1 of this Article are insufficient for emergency support, Chairpersons of People’s Committees of provinces shall submit reports to Ministry of Labor – War Invalids and Social Affairs, ministries managing national reserves and Ministry of Finance to request consolidation and presentation to Prime Minister for consideration and decision on extraction of national reserves as per the law.

Article 33. Management of expenditure on social support

Preparation of estimates, allocation, compliance and settlement of expenditure on implementation of social support policies shall conform to regulations and law on state budget.

Chapter VII

IMPLEMENTATION

Article 34. Payment for monthly social support policies and financing for provision of care and nurture in the community

1. Regular social support policies and provision of care and nurture in the community must be promptly and adequately paid for.

2. Selection of service providers paying for social support policies shall conform to regulations and law. Organizations making payments must be experienced, having transaction network covering communes, wards, townlets and capable of guaranteeing payment at home for specific individuals in order to assure timeliness and safety in making payments.

3. Payments made via service providers shall be made into contracts between Labor – War Invalids and Social Affairs Authorities (Departments of Labor – War Invalids and Social Affairs or Sub-departments of Labor – War Invalids and Social Affairs) and service providers making the payments which must specify scope of payment, subjects of payment, methods of payment (including payment via bank accounts, electronic checking accounts regulated by law or cash), method of transfer and transfer deadline, deadline for making payment to beneficiaries, practical payments made, deadline for settlement, rights and responsibilities of parties and other agreements related to making payments.

4. Before the 25^th of each month, Labor – War Invalids and Social Affairs Authorities shall rely on list of beneficiaries (including beneficiaries of increased, decreased monthly social benefits; benefits of lump-sum benefits); expenditure for next month’s payment (including payments not collected and funeral cost of the individuals); remaining expenditure that has not been paid in previous months (if any) to withdraw estimates in State Treasury and transfer to deposit accounts of service providers that make payments while transfer list of payment beneficiaries to enable service providers to make payment in the following months. During payment period, Labor – War Invalids and Social Affairs Authorities are responsible for assigning individuals to supervise payment made by organizations.

5. On a monthly basis, service providers shall consolidate and submit reports on lists of beneficiaries who have received payments, total money paid, lists beneficiaries who have not received payments for next month’s payments, remaining expenditure and transport documents (lists of beneficiaries who have received payments and bank transfer documents) to Labor – War Invalids and Social Affairs Authorities before the 20^th of each month. Labor – War Invalids and Social Affairs Authorities shall consolidate expenditure estimates as per the law.

Article 35. Responsibilities of ministries

1. Ministry of Labor – War Invalids and Social Affairs shall:

a) provide guidelines on implementation hereof as per the law;

b) publicize regulations and law on social support;

c) apply information technology in implementing social support policies and managing beneficiaries;

d) train officials implementing social support policies;

dd) inspect compliance with this Decree.

2. Ministry of Finance shall:

a) cooperate with Ministry of Labor – War Invalids and Social Affairs and relevant ministries in appraising and requesting competent authority to provide emergency support from national reserves for ministries and local governments according to Law on National Reserves and Law on State Budget;

b) take charge and cooperate with Ministry of Labor – War Invalids and Social Affairs and relevant ministries in examining extraction and use of national reserve commodities and expenditure on policy implementation as per the law.

3. Ministry of Health, Ministry of Agriculture and Rural Development and Ministry of Industry and Trade managing national reserves shall:

a) review, examine, consolidate quantity, value, commodities for national reserves required for emergency support and report to Prime Minister;

b) submit reports on extraction and use of national reserve commodities to Ministry of Finance for consolidation and presentation to Prime Minister.

4. Relevant ministries within their functions and tasks shall cooperate with Ministry of Labor – War Invalids and Social Affairs in guiding implementation of this Decree.

Article 36. Responsibilities of People’s Committees of provinces

1. Organizing implementation of social support policies for individuals specified under this Decree. Assigning Labor – War Invalids and Social Affairs Authorities to consolidate and submit reports on implementation results of social support policies using Forms 10a through 10d attached hereto.

2. Allocating expenditure on implementing policies according to this Decree.

3. Deciding on methods of paying social support policies suitable for practical conditions of local administrative divisions.

4. Inspecting implementation of social support policies in local administrative divisions.

Chapter VIII

IMPLEMENTATION

Article 37. Transition clauses

1. Beneficiaries receiving social support policies applied to social protection beneficiaries according to Decree No. 136/2013/ND-CP dated October 21, 2013 of the Government on social support policies for social protection beneficiaries shall be transferred to corresponding level and coefficient according to this Decree from the effective date hereof.

2. Ministry of Labor – War Invalids and Social Affairs shall provide guidelines on procedures for transfer of level and coefficient specified under Clause 1 of this Article.

Article 38. Entry into force

1. This Decree comes into force from July 1, 2021.

2. Decree No. 136/2013/ND-CP dated October 21, 2013 of the Government on social support policies for social protection beneficiaries; Article 17 of Decree No. 140/2018/ND-CP dated October 8, 2018 of the Government on amendments to Decrees related to conditions of business investment and administrative procedures within state management scope of Ministry of Labor – War Invalids and Social Affairs; Articles 40 through 43 of Decree No. 103/2017/ND-CP dated September 12, 2017 of the Government on establishment, organization, operation, dissolution and management of social support policies; Article 15 through 23 of Decree No. 28/2012/ND-CP dated April 10, 2012 of the Government on elaborating to Law on Persons with Disabilities shall expire from the effective date hereof.

Article 39. Responsibilities for implementation

Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities are responsible for implementation of this Decree.

 

PP. GOVERNMENT PRIME MINISTER Nguyen Xuan Phuc

 

 

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