Chương V Nghị định 20/2021/NĐ-CP : chăm sóc, nuôi dưỡng đối tượng bảo trợ xã hội tại cơ sở trợ giúp xã hội, nhà xã hội

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.