Chương II Nghị định 20/2021/NĐ-CP : Trợ giúp xã hội thường xuyên tại công cộng

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.