Chương IV Nghị định 20/2021/NĐ-CP : Chăm sóc, nuôi dưỡng tại cộng đồng

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.