Chương 4 Nghị định 28/2012/NĐ-CP: Bảo trợ xã hội

Chapter IV

SOCIAL WELFARE

Article 15. Standard level for determining social welfare, monthly care-taking support and monthly raising allowance levels

1. Monthly social welfare, care-taking support and raising allowance levels for the disabled shall be calculated based on the standard level of social welfare for beneficiaries as prescribed by the Government multiplied by the coefficients specified in Articles 16, 17 and 18 of this Decree.

2. Based on specific conditions, the ministers, heads of sectors and central organizations (having care centers for the disabled) and Presidents of provincial People’s Committees shall set monthly social welfare levels accordingly, care-taking and nursing support, funeral support, and funding for nursing people suffering from particularly serious impairments at social welfare institutions under their management. The social welfare must not be lower than the corresponding levels specified in this Decree.

Article 16. Coefficients for monthly social welfare and funeral support calculation

1. Coefficients for calculating monthly social welfare for the disabled living in households are provided as follows:

a/ Two (2.0), for people suffering from particularly serious impairments;

b/ Two point five (2.5), for elderly people or children suffering from particularly serious impairments;

c/ One point five (1.5), for people suffering from serious impairments;

d/ Two (2.0) for elderly people or children suffering from serious impairments.

2. The disabled eligible for various coefficients specified in Clause 1 of this Article shall only enjoy the highest coefficient.

3. The funeral support for the disabled on monthly welfare under Clause 1 of this Article when they die is equal to that applicable to the beneficiaries of social welfare. The disabled eligible for various funeral support shall only enjoy the highest one.

Article 17. Coefficients for calculating monthly care-taking support levels

1. Coefficients for calculating monthly care- taking support levels for people suffering from particularly serious impairments, people suffering from serious impairments who are pregnant or raising under-36-month children are provided as follows:

a/ One point five (1.5), for people suffering from particularly serious impairments and people suffering from serious impairments who are pregnant or raising an under-36-month child;

b/ Two (2.0), for people suffering from particularly serious impairments and people suffering from serious impairments who are pregnant and raising an under-36-month child;

c/ Two (2.0), for people suffering from particularly serious impairments and people suffering from serious impairments who are raising two or more under- 36-month children;

d/ The disabled entitled to different coefficients specified in Points a, b and c, Clause 1 of this Article may only enjoy the highest coefficient of all;

dd/ A married couple being the disabled entitled to the monthly care-taking support specified in Clause 1 of this Article may receive care-taking support for only one person specified in Points a, b and c, Clause 1 of this Article.

2. People suffering from particularly serious impairments or people suffering from serious impairments on social welfare under Clause 1, Article 16 of this Decree who are pregnant or raising under-36-month children may still receive the care-taking support specified in Clause 1 of this Article.

3. Households directly nursing and taking care of people suffering from particularly serious impairments are entitled to the care-taking support coefficient of one (1.0).

4. Persons satisfying the conditions specified in Article 19 of this Decree who nurse people suffering from particularly serious impairments may receive care-taking support at the following coefficients:

a/ One point five (1.5), for nursing and taking care of one person with particularly serious impairments;

b/ Three (3.0), for nursing and taking care of two or more people suffering from particularly serious impairments.

Article 18. Coefficients for calculating monthly allowance and supports for nursing helpless and dependent people suffering from particularly serious impairments admitted to social welfare institutions

The State shall provide the budget for social welfare institutions to nurse homeless and needy people suffering from particularly serious impairments in accordance with the following provisions:

1. The coefficient for calculating the monthly nursing allowance is three (3.0); and four (4.0), for nursing children or elderly people with particularly serious impairments.

2. The support for health insurance comply with the law on health insurance.

3. The funeral support upon is equal to the funeral support applicable to the social welfare beneficiaries in social welfare institutions.

4. The supports for purchasing stuff serving everyday activities; purchasing medicines for ordinary diseases; and monthly personal hygiene for women must comply with the Ministry of Labor, War Invalids and Social Affairs’ regulations.

Article 19. Conditions on carers of people suffering from particularly serious impairments

A carer of a person suffering from particularly serious impairments must satisfy the following conditions:

1. Having a fixed residence not being a poor household.

2. Having good health to nurse the disabled.

3. Fully capable of civil acts.

4. Possessing good morals, committing no social evils, not liable for criminal prosecution and nor being remitted from a previous conviction.

5. Possessing skills to nurse the disabled.

Article 20. Application for social welfare and monthly care-taking support

1. A application for social welfare comprises:

a/ An information sheet of the person with impairments, made under the prescribed form;

b/ A copy of the impairment certificate;

c/ A copy of the family record book;

d/ A copy of the birth certificate or identity card;

dd/ A copy of the decision on transfer of the person with impairments to family issued by the care center of that person, for the disabled living in social welfare institutions;

dd/ Written certification of pregnancy by a competent healthcare establishment under the Ministry of Health's regulations, or a copy of the birth certificate of the under-36-month child, for pregnant women or those raising under-36-month children.

2. For families with people suffering from particularly serious impairments, a application for care-taking support comprises:

a/ A declaration sheet of the family, made under the form prescribed by the Ministry of Labor, War Invalids and Social Affairs;

b/ A copy of the impairment certificate;

d A copy of the family record book;

d/ An information sheet of the disabled person, made under the prescribed form, for the disabled not on social welfare; or a copy of the decision on enjoyment of social welfare, for the disabled on social welfare.

3. A application for care-taking support for the carer of a person with particularly serious impairments comprises:

a/ An application made by the carer containing the commune-level People’s Committee’s certification that this person satisfies nursing conditions under Article 19 of this Decree;

b/ An information sheet of the carer, made under the form prescribed by the Ministry of Labour, War Invalids and Social Affairs;

c/ The copies of the family record book and ID card of the carer;

d/ An information sheet of the person with impairments, made under the form prescribed by the Ministry of Labour, War Invalids and Social Affairs ;

dd/ A copy of the family record book of the household of the disabled person, if any;

e/ A copy of the impairment certificate;

g/ A copy of the decision on provision of monthly social welfare for the disabled person , for the disabled on social welfare.

4. An application for care-taking support for a person with impairments who is pregnant or raising an under-36-month child complies with the following provisions:

a/ For a person with impairments not being on social welfare, the application must comply with Clause 1 of this Article;

b/ For a person with impairments on monthly social welfare, the dossier comprises a copy of the decision on enjoyment of monthly social welfare; a written certification of pregnancy by a competent healthcare establishment under the Ministry of Health's regulations; and a copy of the birth certificate of the under-36-month child.

Article 21. Procedures for provision of monthly social welfare and care-taking support

1. Procedures for provision of social welfare and care-taking support are provided as follows:

a/ To receive social welfare or care-taking support, the applicant shall make a dossier under Article 20 of this Decree and submit it to the commune-level People’s Committee;

b/ Within 15 days after receiving a valid dossier, the social welfare approval council of the commune, ward or township (below referred to as social welfare approval council) shall meet to consider and approve the dossier, publicly post up its conclusions at the office of the commune-level People’s Committee and notify such conclusions in the mass media for 7 days;

Past the time limit for public notification, if there is no inquiries or complaints, the social welfare approval council shall supplement the minutes of its meeting for approval of social welfare to the applicant’s dossier and propose the commune-level People’s Committee chairperson to send a written request to the district-level Labor, War Invalids and Social Affairs Division for consideration and settlement.

If there is a citizen’s complaint or denunciation, within 10 days, the social welfare approval council shall conduct verification and examination and make specific written conclusions for public notification and supplementation to the applicant’s dossier.

c/ Within 7 working days after receiving a complete dossier on request of the commune- level People’s Committee chairperson, the district-level Labor, War Invalids and Social Affairs Division shall appraise the dossier and propose the district-level People’s Committee chairperson to make decision or notify the commune-level People’s Committee of the reason for ineligibility for social welfare or care-taking support;

d/ Within 3 working days, the district-level People’s Committee chairperson shall consider and sign a decision on provision of social welfare or care-taking support.

2. For the disabled currently receiving social welfare or care-taking support under the Government’s Decree No. 67/ 2007/ND-CP of April 13, 2007, on social welfare policies for social welfare beneficiaries, and Decree No. 13/2010/ND-CP of February 27, 2010, amending and supplementing a number of articles of the Government’s Decree No. 67/ 2007/ND-CP, commune-level People’s Committees shall make review and propose district-level Labor, War Invalids and Social Affairs Divisions to make decision at corresponding levels under this Decree, from the effective date of this Decree.

3. Procedures for adjustment or termination of social welfare and care-taking support are provided as follows:

a/ When there is a change in conditions for enjoyment of social welfare or care-taking support, the social welfare approval council shall guide the applicant to supplement the dossier, make consideration and conclusion, and propose the commune-level People’s Committee chairperson to send a written request to the district-level Labor, War Invalids and Social Affairs Division;

b/ Within 7 working days after receiving a written request of the commune-level People’s Committee chairperson, the district-level Labor, War Invalids and Social Affairs Division shall consider it and propose the district-level People’s Committee chairperson to make decisions on adjustment or termination of social welfare or care-taking support;

c/ Within 3 working days, the district-level People’s Committee chairperson shall consider and sign a decision on adjustment or termination of social welfare or care-taking support;

d/ The time for adjusting or terminating social welfare or care-taking support is the month following the month the district-level People’s Committee chairperson signs the decision on adjustment or termination of social welfare or care-taking support.

4. Procedures for provision of social welfare for beneficiaries that change their places of residence are provided as follows:

a/ When a beneficiary of social welfare or care-taking support moves to another place and files an application to receive social welfare or care-taking support at the new place of residence rather than the former one, the district-level Labor, War Invalids and Social Affairs Division shall submit to the chairperson of the district-level People’s Committee of the applicant’s former locality of residence a decision on termination of social welfare or care-taking support and send a letter of reference to the district-level People’s Committee of the applicant’s new locality of residence together with the dossier on allowance enjoyment of this person;

b/ Within 7 working days after receiving a complete dossier and a letter of reference, the district-level Labor, War Invalids and Social Affairs Division of the new locality of residence shall consider it and propose the district-level People’s Committee chairperson to make decisions on provision of social welfare or care-taking support at the corresponding level of the locality;

c/ The time for receiving social welfare or care-taking support at the new place of residence is the month following the month of termination of social welfare or care-taking support indicated in the decision on termination of social welfare or care-taking support of the chairperson of the district-level People’s Committee of the applicant's former locality of residence.

5. The Ministry of Labor, War Invalids and Social Affairs shall provide the formation and operation of social welfare approval councils.

Article 22. Dossiers and procedures for funeral support

1. A dossier on funeral support comprises:

a/ An application or written request made by the family, person, agency, unit or organization which organizes the funeral of a person with impairments;

b/ A copy of the death certificate of the person with impairments.

2. Procedures for funeral support are provided as follows:

a/ The family, person, agency, unit or organization that organizes the funeral of a person with impairments shall make a dossier under Clause 1 of this Article and send it to the commune-level People’s Committee;

b/ Within 3 working days after receiving a complete and valid dossier under Clause 1 of this Article, the commune-level People's Committee shall send a written request together with the dossier to the district-level Labor, War Invalids and Social Affairs Division;

c/ Within 2 working days after receiving a written request of the commune-level People’s Committee, the district-level Labor, War Invalids and Social Affairs Division shall consider it and propose the district-level People’s Committee chairperson to issue a decision on funeral support.

Article 23. Dossiers and procedures for admission of people suffering from particularly serious impairments to social welfare institutions

A dossier on admission of a people suffering from particularly serious impairments to a social welfare establishment comprises:

a/ An application of the person with impairments or his/her family, relative or guardian;

b/ An information sheet of the person with impairments, made under the prescribed form;

c/ Resume of the person with impairments certified by the commune-level People’s Committee;

d/A copy of the impairment certificate;

dd/ A copy of family record book;

e/ A copy of the birth certificate or identity card;

g/ Record of the social welfare approval council and written request of the commune- level People’s Committee chairperson;

h/ Written request of the district-level People’s Committee chairperson to the agency managing the social welfare establishment;

i/The managing agency head's decision on admission;

k/ Other relevant documents and papers, if any.

2. Procedures for admission of the disabled to social welfare institutions comply with the Government’s regulations on receipt and nursing of social welfare beneficiaries.

3. Competence to receive and send home people suffering from particularly serious impairments for nursing are provided as follows:

a/ The head of the agency managing a social welfare establishment may decide to admit people suffering from particularly serious impairments to the social welfare establishment;

b/ The head of a social welfare establishment may decide to send home eligible the disabled;

c/ The Ministry of Labor, War Invalids and Social Affairs shall specify the conditions for sending the disabled in social welfare institutions to their home.