Nghị định 136/2013/ND-CP

Decree No. 136/2013/ND-CP dated 21 October 2013, provides for social support policies for social protection subjects

Nội dung toàn văn Decree 136/2013/ND-CP provides social support policies social protection subjects


THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.: 136/2013/ND-CP

Hanoi, 21 October  2013

 

DECREE

PROVIDES FOR SOCIAL SUPPORT POLICIES FOR SOCIAL PROTECTION SUBJECTS

Pursuant to the Law on organization of Government dated 25/12/2001;

Pursuant to the Law on state budget dated 16/12/2002;

Pursuant to the Law on the Elderly dated 23/11/2009;

Pursuant to the Disability Law dated 17/6/2010;

Pursuant to the Law on Protection, Care and Education of Children dated 15/6/2004;

Pursuant to the Law on prevention and control of virus infection causing the acquired immunodeficiency syndrome (HIV / AIDS) dated 29/06/2006;

Pursuant to the Ordinance on Flood and Storm Prevention and Fighting dated 08/03/1993; Ordinance amending and supplementing some articles of the Ordinance on Flood and Storm Prevention and Fighting dated 24/8/2000;

At the request of the Minister of Labor - Invalids and Social Affairs;

The Government issues this Decree to define the social support policies for social protection subjects,

Chapter 1.

GENERAL PROVISION

Article 1. Scope of regulation

This Decree provides for the regular social protection policies in community; unplanned social support; support for admitting the subjects for care and nurture in community and at the social protection establishments or social houses.

Article 2. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Admission of subjects for care and nurture in community means the households directly receive the social protection subjects with particularly difficult circumstances for care and nurture in their families.

2. Seriously injured person is the person who is injured and must be given emergency and treatment at medical facility.

3. HIV infected person without working capacity means the person infected with HIV resulted in not having enough health to work and earn income.

Article 3. Basic principles of social support policy

1. The social support policies are carried out with fairness, openness and timeliness based on the difficulty and priority level in family and place of residence.

2. The social support policy shall be changed depending on the economic conditions of the country and minimum residential standards living from time to time.

3. The bodies, organizations and individuals are encouraged to receive the social protection subjects for care, nurture and assistance.

Article 4. Standard social allowance or support

1. The standard social allowance or support rate (hereafter referred to as standard social support rate) is 270,000 dong.

2. The standard social support rate is the basis for determining the social allowance rate and nurture allowance rate at the social protection establishments or social houses, funding support rate for care and nurture and other social support rates.

3. Based on the specific conditions of each locality, the Chairman of People’s Committee of province and centrally-run city (hereafter referred as Chairman of provincial-level People’s Committee) has the right to decide on the social allowance rate and nurture allowance rate, funding support rate for care and nurture and other social support rates which are higher than the respective rates specified in this Decree.

Chapter 2.

REGULAR SOCIAL SUPPORT IN COMMUNITY

Article 5. Subjects entitled to the monthly social allowance

1. Children under 16 years old having no nurture source subject to one of the cases prescribed as follows:

a) Being abandoned and not yet adopted;

b) Being orphans;

c) Being orphans whose mother or father has died and the remaining parent is missing as stipulated by law;

d) Being orphans whose mother or father has died and the remaining parent is receiving the care and nurture benefits at the social protection establishments or social houses;

Being orphans whose mother or father has died and the remaining parent is serving prison term in jail or is exercising the decision on handling of administrative violation at the reform schools, compulsory educational establishments and compulsory detoxification establishments;

e) Both mother and father are missing as stipulated by law;

g) Both mother and father are receiving the care and nurture benefits at the social protection establishments or social houses,

h) Both mother and father are serving the prison term in jail or is exercising the decision on handling of administrative violation at the reform schools, compulsory educational establishments and compulsory detoxification establishments;

i) Mother or father is missing as stipulated by law and the remaining parent is receiving the care and nurture benefits at the social protection establishments or social houses,

k) Mother or father is missing as stipulated by law and the remaining parent is serving prison term in jail or is exercising the decision on handling of administrative violation at the reform schools, compulsory educational establishments and compulsory detoxification establishments;

l) Mother or father is receiving the care and nurture benefits at the social protection establishments or social houses and the remaining is serving prison term in jail or is exercising the decision on handling of administrative violation at the reform schools, compulsory educational establishments and compulsory detoxification establishments;

2. Persons between 16 and 22 years subject to one of the cases specified in Clause 1 of this Article are in high school, vocational school, professional school, college and university of first degree.

3. Children infected with HIV of poor households and persons infected with HIV of poor households without monthly pension, social insurance allowance, monthly preferential allowance for revolutionary contributors and other monthly allowances.

4. People of poor households who are not married; are married but the wife or husband has died or is missing as stipulated by law and is raising children under 16 years or child from 16 to 22 years old and these children is in high school, vocational school, professional school, college and university of first degree (hereafter referred to as poor people who are raising children)

5. The elderly people subject to one of the following cases:

a) The elderly people of poor households do not have any person with obligations and rights to serve them or have person with obligations and rights to serve them but this person is receiving the monthly social allowance.

b) The elderly people from 80 years or older not subject to the provisions under Point a of this Paragraph have no monthly pension, social insurance allowance or social allowance;

c) The elderly people of poor households do not have any person with obligations and rights to serve them; have no condition to live in community, meet the conditions to be admitted to the social protection establishments or social houses but there are other people who wish to take care of them in community.

6. Disabled children and disabled people eligible for social allowance as stipulated by law on disabled people.

Article 6. Monthly social allowance rate

1. The subjects specified in Article 5 of this Decree are entitled to the monthly social allowance with the lowest rate equal to the standard social support rate specified in Clause 1, Article 4 of this Decree multiplied by the respective coefficient as follows:

a) Coefficient 2.5 for the subjects specified in Paragraph 1, Article 5 of this Decree under 04 years;

b) Coefficient 1.5 for the subjects specified in Paragraph 1, Article 5 of this Decree from 04 years or more;

c) Coefficient 1.5 for the subjects specified in Paragraph 1, Article 5 of this Decree.

d) Coefficient 2.5 for the subjects specified in Paragraph 3, Article 5 of this Decree under 04 years;

dd) Coefficient 2.0 for the subjects specified in Paragraph 3, Article 5 of this Decree between 04 and under 16 years;

e) Coefficient 1.5 for the subjects specified in Paragraph 3, Article 5 of this Decree from 16 years or older;

g) Coefficient 1.0 for the subjects specified in Paragraph 4, Article 5 of this Decree who are raising 01 child.

h) Coefficient 2.0 for the subjects specified in Paragraph 5, Article 5 of this Decree who are raising 02 children or more.

i) Coefficient 1.0 for the subjects specified under Point a, Paragraph 5, Article 5 of this Decree between 60 and 80 years;

k) Coefficient 2.0 for the subjects specified under Point a, Paragraph 5, Article 5 of this Decree from 80 years or older;

l) Coefficient 1.0 for the subjects specified under Point b, Paragraph 5, Article 5 of this Decree.

m) Coefficient 3.0 for the subjects specified under Point c, Paragraph 5, Article 5 of this Decree.

n) The coefficient for the subjects specified in Paragraph 6, Article 5 of this Decree shall comply with the provisions in Decree No. 28/2012/ND-CP dated 10/4/2012 of the Government detailing and guiding the implementation of some articles of the Disability Law (hereafter referred to as Decree No. 28/2012/ND-CP).

2. Where the subjects are entitled to the rates of different coefficients specified in Clause 1 of this Article, they only receive the highest rate. For poor and single people who are raising children and are the subjects specified in Paragraphs 3, 5 and 6, Article 5 of this Decree, in addition to the benefits for poor and single people who are raising children, they also receive the benefits for the subjects specified in Paragraph 3 or 5, Article 6 of this Decree.

Article 7. Dossier for monthly social allowance

1. Declaration of the subject under the Form specified by the Ministry of Labor - Invalids and Social Affairs.

2. Copy of family booklet of the subject or written certification of police agency of commune, ward or townlet (hereafter referred to as communal-level police agency).

3. Copy of certificate of birth in case of being children.

4. Papers certifying HIV infection of the competent medical body in case of HIV infection.

5. Copy of certificate of birth of the child of the single person where the single person is raising children.

6. Résumé of the person who takes care of the elderly person with certification of Chairman of People’s Committee of commune, ward or townlet (hereafter referred to as communal People’s Committee) and the application of the person who receives the care and nurture specified by the Ministry of Labor - Invalids and Social Affairs for the subjects specified under Point c, Paragraph 5, Article 5 of this Decree.

Article 8. Procedures for implementation, modification or stoppage of entitlement to monthly social allowance

1. The procedures for monthly social allowance are stipulated as follows:

a) The subject or his guardian prepares dossier as specified in Article 7 of this Decree and send it to the Chairman of communal People’s Committee;

b) Within 15 days after fully receiving the dossier, the social support approval Council (hereafter referred to as the approval Council) shall make review and approval and publicly list the result of review and approval at the head office of communal People’s Committee within 07 days, excluding the information pertaining to HIV status of the subject.

When the listing time is over, if there is no complaint, the approval Council shall add its minutes of conclusion in the dossier of the subject and submit it to the Chairman of communal People’s Committee.

In case of complaint, within 10 working days, from the date of receipt of complaint, the approval Council shall conclude and publicize the complaint issue and submit it to the Chairman of communal People’s Committee;

c) Within 03 working days after receiving the minutes of conclusion of the approval Council, the Chairman of communal People’s Committee shall send a document (with dossier of the subject) to the Division of Labor – Invalids and Social Affairs;

d) Within 07 working days, after receiving the dossier of the subject and the written request of the communal People’s Committee, the Division of Labor – Invalids and Social Affairs shall verify and submit the decision on social allowance to the subject to the Chairman of People’s Committee of district, townlet and provincial city (hereafter referred to as district-level People’s Committee). Where the subject is not eligible for entitlement, the Division of Labor – Invalids and Social Affairs shall reply in writing and specify the reasons;

dd) Within 03 working days after receiving the document from the Division of Labor – Invalids and Social Affairs, Chairman of district-level People’s Committee shall review and decide upon the monthly social allowance to the subject.

The time to receive the social allowance for the elderly people specified under Point b, Paragraph 5, Article 5 of this Decree from the time the elderly people are 80 years of age. The time to receive the monthly social allowance of other subjects, from the month the Chairman of district-level People’s Committee signs the decision on monthly social allowance.

2. Procedures for modification, stoppage of entitlement to monthly social allowance comply with the following provisions:

a) The subjects and their guardians or relevant organizations and individuals send their recommendations about their ineligibility for entitlement or change of entitlement conditions to the Chairman of communal People’s Committee;

b) The order of verification, decision on modification or stoppage of entitlement to the monthly social allowance shall comply with the provisions under Points b, c and dd, Paragraph 1 of this Article;

c) The time to modify and stop the entitlement to the monthly social allowance from the month right after the month the Chairman of district-level People’s Committee signs the decision;

3. Where the subject entitled to the monthly social allowance died, the Chairman of communal People’s Committee requires the Division of Labor – Invalids and Social Affairs to report to the Chairman of district-level People’s Committee on the decision on stoppage of entitlement to the monthly social allowance.

The time of stoppage of entitlement to the monthly social allowance from the month right after the month the subject who is receiving the monthly social allowance died.

4. The procedures for payment of monthly social allowance when the subjects change their residence in the same area of district, townlet and provincial city shall comply with the following provisions:

a) The subjects and their guardians send their request to the Chairman of communal People’s Committee of the new residence;

b) Within 03 working days after receiving the request, the Chairman of communal People’s Committee shall or send a written request to the Division of Labor – Invalids and Social Affairs;

c) Within 03 working days after receiving the document from the Chairman of communal People’s Committee, the Division of Labor – Invalids and Social Affairs shall verify and pay the monthly social allowance to the subjects by the address of their new residence.

5. The procedures and decision on monthly social allowance when the subjects change their residence between districts, townlets and provincial cities shall comply with the following provisions:

a) The subjects who change their residence send the request to the Chairman of communal People’s Committee where they are receiving the monthly social allowance;

b) The Chairman of communal People’s Committee sends document to the Division of Labor – Invalids and Social Affairs.

The Division of Labor – Invalids and Social Affairs shall submit the decision on stoppage of payment of monthly social allowance at the old residence and send document with dossiers of the subjects to the Chairman of communal People’s Committee of the subjects’ new residence.

c) Within 03 working days after receiving the subjects’ dossiers, the Chairman of communal People’s Committee shall make certification and transfer the subjects’ dossiers to the Division of Labor – Invalids and Social Affairs;

d) Within 05 working days after receiving the subjects’ dossiers, the Division of Labor – Invalids and Social Affairs shall verify and submit to the Chairman of district-level People’s Committee the decision on monthly social allowance to the subjects from the month right after the month specified in the decision on stoppage of entitlement to the monthly social allowance of the Chairman of district-level People’s Committee of the subjects’ old residence.

Article 9. Issue of health insurance card

1. The social protection subjects shall be issued with health insurance card by the State, including:

a) Subjects specified in Paragraphs 1, 2, 3 and 5 and Article 5 of this Decree;

b) Children of poor single people specified in Clause 4, Article 5 of this Decree;

c) People with serious disability and particularly serious disability;

d) People from full 80 years of age or older are receiving the monthly survivor allowance from social insurance and other monthly social allowances but have not yet issued with health insurance cards free of charge;

2. Subjects specified in Paragraph 1 of this Article are the ones issued with many health insurance cards and issued with only one health insurance card.

Article 10. Support for education, training and vocation

The subjects specified in Paragraphs 1, 2, 3 and 6, Article 5 of this Decree are attending preschool, intermediate vocational school, high school, college and university and learning trade and shall receive the policies on support for education, training and vocation as stipulated by law.

Article 11. Funeral cost support

1. The following subjects shall receive the funeral cost support after death:

a) Subjects specified in Paragraphs 1, 2, 3, 5 and 6, Article 5 of this Decree are receiving the monthly social allowance;

b) Children of poor single people specified in Paragraph 4, Article 5 of this Decree;

c) People of full 80 years of age or older are receiving the monthly survivor allowance from social insurance and other monthly social allowances.

2. The support rate for funeral costs for the subjects specified in Paragraph 1 of this Article is equal to 20 times of the standard rate of social support specified in Paragraph 1, Article 4 of this Decree. Where the subjects specified in Paragraph 1 of this Article are given the funeral cost support with different rates, they shall be entitled to the highest rate.

3. Dossier to request the funeral cost support comprises of:

a) Document or request of bodies, organizations, households or individuals that come forward to hold funeral for the subjects;

b) Copy of Certificate of death;

c) Copy of decision on entitlement to social allowance of single people who are raising children and copy of certificate of birth of the dead children in cases specified under Point b, Paragraph 1 of this Article;

d) Copy of family booklet or written certificate of communal police, copy of decision on stoppage of entitlement to social allowance or other allowances from the competent body in cases specified under Point c, Paragraph 1 of this Article.

4. Procedures for funeral cost support:

a) Bodies, organizations, households or individuals holding the funeral for the subjects should prepare dossiers as stipulated in Paragraph 3 of this Article and send them to the Chairman of communal People’s Committee;

b) Within 02 working days after fully receiving dossiers, the Chairman of communal People’s Committee shall send a written request with the subjects’ dossiers to the Division of Labor – Invalids and Social Affairs;

c) Within 03 working days, after receiving document from the Chairman of communal People’s Committee, the Division of Labor – Invalids and Social Affairs shall verify the dossiers and submit them to the Chairman of district-level People’s Committee to decide on funeral cost support.

Chapter 3.

UNPLANNED SOCIAL SUPPORT

Article 12. Food support

1. Support of 15kg of rice/person to all members of hunger households during the Lunar New Year.

2. Support of 15kg of rice/person during a time of less than 03 months for each time of support to all members of hunger households during and after natural disaster, fire, crop failure, between-crop period or other unforeseen reasons.

3. The procedures for support are provided for as follows:

a) Head of hamlet, village, clusters and residential groups (hereafter referred as Head of village) shall make a list of hunger households and a number of people in hunger households in need of support under the Form specified by the Ministry of Labor - Invalids and Social Affairs.

b) The Head of village shall hold meetings with representative of relevant organizations in hamlets to review the hunger households and number of people in hunger households and send the result to the Chairman of communal People’s Committee;

c) Within 02 days after receiving the request of the Head of village, the approval Council shall agree upon the list of hunger households and number of people in hunger households and send it to the Chairman of communal People’s Committee for decision;

d) The Chairman of communal People’s Committee shall decide upon immediate support for the urgent cases. In case of shortage of resources, he/she may or send a written request to request the support to the Division of Labor - Invalids and Social Affairs;

dd) The Division of Labor - Invalids and Social Affairs shall verify and submit it to the Chairman of district-level People’s Committee for support decision;

e) The Chairman of district-level communal People’s Committee shall consider and decide upon support. In case of shortage of resources, he/she may or send a written request to request the support to the Department of Labor - Invalids and Social Affairs and Department of Finance;

g) The Department of Labor – Invalids and Social Affairs shall coordinate with the Department of Finance to summarize and submit the support plan to the Chairman of provincial People’s Committee for consideration and review. In case of shortage of resources, the Chairman of provincial People’s Committee shall or send a written request to the Ministry of Labor - Invalids and Social Affairs and the Ministry of Finance;

h) The Ministry of Labor - Invalids and Social Affairs shall coordinate with the Ministry of Finance shall request the consideration and decision from the Prime Minister;

i) When receiving the support, the Chairman of People’s Committee at all levels must carry out the support immediately to the proper subjects according to the regulations.

k) Upon completion of each support, the People’s Committee at all levels shall summarize and report on the support result.

Article 13. Support for seriously injured people

1. People who are seriously injured or particularly seriously injured due to natural disaster, fire, traffic accident, occupational accident or due to unforeseen reasons at their residence or out of their residence shall be considered for support with the rate equal to 10 times of standard social support rate specified in Paragraph 1, Article 4 of this Decree.

The order of support consideration shall comply with the provisions in Clause 3, Article 12 of this Decree.

2. Where people who are seriously injured in addition to their residence specified in Paragraph 1 of this Article do not have relatives to care for them, the organization directly provides the emergency and treatment shall send a written request to the Chairman of district-level People’s Committee where the subjects are provided with emergency and treatment to decide upon the support at the rate specified in Paragraph 01 of this Article.

Within 02 days after receiving the written request, the Chairman of district-level People’s Committee shall consider and make decision.

Article 14. Support for funeral costs

1. The households which have deceased or missing persons due to fire; particularly serious traffic accident, occupational accident or other unforeseen reasons shall receive the funeral cost support with a rate equal to 20 times of standard social support rate specified in Paragraph 1, Article 4 of this Decree.

2. The bodies, organizations or individuals that hold the funeral for the deceased person in cases specified in Paragraph 01 of this Article not in the communal area as the residence of that deceased person shall receive the funeral cost support at the actual costs but not exceeding 30 times of standard social support rate specified in Paragraph 1, Article 4 of this Decree.

3. The procedures for funeral cost support are provided for as follows:

a) The body, organization, family or individual directly holding the funeral must send the Declaration to request the funeral cost support under the Form specified by the Ministry of Labor - Invalids and Social Affairs with the certificate of death for the subjects specified in Paragraph 1 of this Article or the certification of communal police for the subjects specified in Paragraph 2 of this Article to the Chairman of communal People’s Committee;

b) The order of funeral cost support shall comply with the provisions in Paragraph 3, Article 12 of this Decree.

Article 15. Support for house building and repair

1.The poor households, near-poor households and the disadvantaged households whose houses are collapsed, drifted, burnt totally due to natural disaster, fire or other unforeseen reasons and no longer have their residence shall be provided with financial support for house building with a maximum support rate of no more than 20,000,000 dong/household.

2. The households which must relocate as decided by the competent authorities due to the risk of landslide, flood, natural disaster, fire or other unforeseen reasons shall be provided with financial support for relocation with a maximum support rate of no more than 20,000,000 dong/household.

3. The poor households, near-poor households and the disadvantaged households whose houses are badly damaged by natural disaster, fire or other unforeseen reasons and such house cannot be used for dwelling shall be provided with financial support for house repair with a maximum support rate of no more than 15,000,000 dong/household.

4. The procedures for considering the financial support for house building or repair shall comply with the following provisions:

a) These households must send the Declaration to request the housing support under the Form specified by the Ministry of Labor - Invalids and Social Affairs to the Chairman of communal People’s Committee;

b) The order of housing support consideration shall comply with the provisions in Paragraph 3, Article 12 of this Decree.

Article 16. Urgent support to children when their parents died or are missing due to natural disaster, fire or other unforeseen reasons

1. The children whose their parents died or are missing due to natural disaster, fire or other unforeseen reasons and no longer have relative to care and nurture them shall receive the support as specified in paragraph 02, Article 19 of this Decree.

2. The procedures for child support specified in Paragraph 1 of this Article shall comply with the provisions in Paragraph 1, Article 11 of this Decree.

Article 17. Support for job and production development

The households that lose main means and materials of production due to natural disaster, fire or other unforeseen reasons and lose job shall receive the support for job and production development according to regulations.

Chapter 4.

CARE AND NURTURE IN COMMUNITY

Article 18. Subjects entitled to care and nurture in community

1. The subjects who are entitled to the monthly care and nurture in community are:

a) Subjects specified in Paragraph 1, Article 5 of this Decree;

b) Subjects specified under Point c, Paragraph 5, Article 5 of this Decree;

c) Particularly serious disabled children and people according to the regulations of law on disable people.

2. The subjects who need urgent protection entitled to temporary care and nurture in community are:

a) Children whose parents died or are missing as stipulated by law without relative to care and nurture them or their relatives cannot afford to care and nurture them.

b) Victims of family violence; victims of sexual abuse; victims of trafficking and victims of forced labor must receive the urgent protection pending taken to their residence or social protection establishments or social houses;

c) Children and beggars pending taken to the shelter or social protection establishments or social houses;

d) Other subject in need of urgent protection as decided by the Chairman of provincial People’s Committee.

3. The time for care and nurture in community for the subjects specified in Paragraph 2 of this Article is not more than 03 months.

Article 19. Benefits for subjects entitled to care and nurture

1. The subjects specified in Clause 1, Article 18 of this Decree are entitled to the following benefits:

a) Receive the monthly social allowance as specified in Article 6 of this Decree;

b) Are issued with health insurance cards as specified in Article 9 of this Decree;

c) Are provided with support of education, training and vocational teaching as specified in Article 10 of this Decree;

d) Receive the funeral cost support as specified in Article 11 of this Decree;

2. The subjects specified in Paragraph 2, Article 18 of this Decree shall receive the prescribed support when they live in the households for care and nurture as follows:

a) Food expenses during the time of living in households for care and nurture;

b) Treatment expenses in case of being treated in medical facility without health insurance card;

c) Expenses of transportation to the residence, social protection establishment or social house.

3. Ministry of Finance and Ministry of Labor - Invalids and Social Affairs provide instructions on Paragraph 2 of this Article.

Article 20. Benefits for households and individuals that take care of the subjects

The households and individuals that take care of the social protection subjects in community shall receive the following benefits:

1. The lowest monthly funding support for care and nurture for each subject equal to the standard social support rate specified in Paragraph 1, Article 4 of this Decree multiplied by the respective coefficient as follows:

a) Coefficient 2.5 in case of care and nurture for children under 04 years as the subjects specified in Paragraph 1, Article 5 of this Decree;

b) Coefficient 2.5 in case of care and nurture for children between 04 years and under 16 years as the subjects specified in Paragraph 1, Article 5 of this Decree and the subjects specified under Point c, Paragraph 5, Article 5 of this Decree.

c) The coefficient of case of taking care of the particularly serious disabled people shall comply with the provisions specified in Decree No. 28/2012/ND-CP;

2. Instructions and training of care and nurture techniques;

3. Prioritized capital borrowing, vocational teaching for job creation, economic development of household and other benefits according to the relevant laws.

4. The Ministry of Labor - Invalids and Social Affairs provide instructions on Paragraph 2 of this Article.

Article 21. Procedures for receiving the social protection subjects for care and nurture

1. The dossier to request the funding support for care and nurture to the social protection subjects comprises of:

a) Declaration of care and nurture implementation with certification of eligibility of the Chairman of communal People’s Committee under the Form specified by the Ministry of Labor - Invalids and Social Affairs;

b) Copy of family booklet of the person who receives the subjects for care and nurture or a written certification of communal police on residence of such person.

c) Declaration of the subjects who are given care and nurture under the Form specified by the Ministry of Labor - Invalids and Social Affairs;

2. The order of consideration for funding support for care and nurture to the subjects specified in Paragraph 1, Article 5 and Point c, Paragraph 5, Article 5 of this Decree shall comply with the provisions in Article 8 of this Decree.

The time for funding support for care and nurture from the month the Chairman of district People’s Committee signs the decision on funding support for care and nurture.

3. The dossier and procedures for funding support for care and nurture to the subjects specified under Point c, Paragraph 1, Article 18 of this Decree shall comply with the provisions in Decree No. 28/2012/ND-CP.

Article 22. Procedures for receiving subjects in need of urgent protection for care and nurture

1. The procedures for receiving the subjects specified under Point a, Paragraph 2, Article 18 of this Decree for care and nurture shall comply with the following provisions:

a) Heads of villages make a list of subjects, organizations, individuals or households meeting conditions for receiving these subjects for care and nurture in the areas of village and send it to the approval Council;

b) The approval Council shall review and submit it to the Chairman of communal People’s Committee to or send a written request to the Division of Labor - Invalids and Social Affairs;

c) The Division of Labor - Invalids and Social Affairs shall verify and submit it to the Chairman of district-level People’s Committee for support decision. In case of disapproval for support, there must be a written reply specifying the reasons.

d) The Chairman of communal People’s Committee shall organize the transportation of subjects and hand them over to the organizations, individuals or households for care and nurture right after the support decision of the Chairman of district-level People’s Committee.

2. The procedures for the subjects specified under Points b, c and d, Paragraph 2, Article 18 of this Decree are as follows:

a) The subjects or their guardians send the petition with the record of violence or abuse and the record of certification of injury status of the medical facility (if any) to the Chairman of communal People’s Committee.

The communal public servant in charge of labor, invalids and social affairs at the place where children and beggars without stable residence suffer from violence and abuse are responsible for dossier preparation;

b) The Chairman of communal People’s Committee shall organize the verification of dossier and or send a written request to the Division of Labor - Invalids and Social Affairs;

c) The Division of Labor - Invalids and Social Affairs shall verify and submit it to the Chairman of district-level People’s Committee for decision. In case of disapproval for support, there must be a written reply specifying the reasons.

d) The Chairman of communal People’s Committee shall organize the transportation of subjects and hand them over to the organizations, individuals or households responsible for care and nurture right after the support decision of the Chairman of district-level People’s Committee.

Article 23. Conditions and responsibility of the persons receiving the children for care and nurture

1. The persons receiving the children for care and nurture must ensure the following conditions:

a) Have full capacity for civil acts and well comply with the policies and guidelines of the Party and law of the State;

b) Voluntarily receive children for care;

c) Have stable accommodation and shelter for the children received for care and nurture;

d) Have economic conditions, health and experience in child care;

dd) Are living with their husband or wife and the husband or wife must ensure the conditions specified under Point a and b of this Paragraph.

2. Where the grandfather, grandmother, aunt, uncle or siblings receiving the children as the subjects specified in Paragraph 1, Article 5 of this Decree for care and nurture do not meet the conditions specified under Points a, c and d, Paragraph 1 of this Article are still considered to receive the policies specified in Article 20 of this Decree.

3. The persons who receive children for care and nurture must fulfill their responsibility as follows:

a) Ensure the conditions for the children for school, health care, entertainment and recreation;

b) Ensure safe and hygienic accommodation for the children;

c) Provide equal treatment for the children;

d) Fulfill other obligations according to regulations of law.

4. In case of not permitted to continue the child care and nurture:

a) Have mistreatment acts to the children received for care and nurture;

b) Take advantage of the child care and nurture for profit;

c) Have economic condition or other reasons resulting in no longer capable of ensuring the child care and nurture;

d) Seriously violate the rights of children received for care and nurture.

Article 24. Condition and responsibility of the persons who receive for care and nurture the particularly serious disabled people and the elderly people eligible for living in the social protection establishment and social houses

1. The persons who receive the particularly serious disabled people for care and nurture must ensure their conditions and responsibility as specified in Decree No. 28/2012/ND-CP.

2. The persons who receive the elderly people eligible for living in the social protection establishment and social houses must ensure the following conditions:

a) Have full capacity for civil acts and well comply with the policies and guidelines of the Party and law of the State;

b) Be fit and have experience in care of elderly people;

c) Have stable accommodation and shelter for elderly people

d) Have economic conditions;

dd) Are living with their husband or wife and either side must ensure the conditions specified under Point a and b of this Paragraph.

3. In case of not permitted to continue the care and nurture to the elderly people and disable people:

a) Have mistreatment acts to the elderly people and disable people;

b) Take advantage of the care and nurture for profit;

c) Have economic condition or other reasons resulting in no longer capable of ensuring the care and nurture to the elderly people and disable people;

d) Seriously violate the rights of people received for care and nurture.

Chapter 5.

CARE AND NURTURE AT THE SOCIAL PROTECTION ESTABLISHMENTS OR SOCIAL HOUSES

Article 25. Subjects entitled to the care and nurture at the social protection establishments or social houses

1. The social protection subjects with particularly difficult situation include:

a) The subjects specified in Paragraph 1 and 3, Article 5 of this Decree have difficult situation and cannot take care of themselves and there is no one receiving them for care and nurture in community;

b) The elderly people subject to care and nurture at the social protection establishments or social houses in accordance with law on elderly people;

c) The disabled children and disabled people subject to care and nurture at the social protection establishments or social houses in accordance with law on disabled people;

2. The subjects who need the urgent protection are:

a) Victims of family violence; victims of sexual abuse; victims of trafficking and victims of forced labor;

b) Children and beggars pending taken to the shelter.

c) Other subject in need of urgent protection as decided by the Chairman of provincial People’s Committee.

3. The time of care and nurture to the subjects specified in Paragraph 2 of this Article at the social protection establishments or social houses is no more than 03 months.

4. The subjects who voluntarily live at the social protection establishments or social houses include:

a) The elderly people under the care delegation contract;

b) The people who are not subject to the provisions in Paragraph 1 and 2 of this Article, do not have conditions to live with family or wish to live in the social protection establishments or social houses.

Article 26. Benefits of care and nurture at the social protection establishments or social houses

The subjects specified in Paragraph 1 and 2, Article 25 of this Decree shall receive the benefits of care and nurture at the social protection establishments or social houses as follows:

1. The lowest monthly nurturing allowance rate for each subject is equal to the standard social support rate specified in Paragraph 1, Article 4 of this Decree multiplied by the respective coefficient as follows:

a) Coefficient 5.0 for children under 04 years;

b) Coefficient 4.0 for children between 04 and under 16 years or people from full 60 years or older;

c) Coefficient 3.0 for people between 16 and full 60 years;

d) The coefficient for the disabled people and disabled children shall comply with the provisions in Decree No. 28/2012/ND-CP;

2. Are issued with health insurance cards free of charge in accordance with regulations of law on health insurance;

3. Are provided with funeral costs upon death with the rate equal to 20 times of standard social support rate;

4. Are provided with items for daily activities such as blankets, mosquito nets, mats, summer clothes, winter clothes, underwear, towels, shoes, slippers, toothbrush, conventional medicine, monthly personal sanitation for female subjects of childbearing age, books, notebooks and school supplies for the subjects who are attending school and other prescribed expenses.

5. Where the subjects are entitled to different monthly nurturing allowance rates specified in Clause 1 of this Article, they only receive the highest rate.

6. Where the subjects are receiving the monthly nurturing allowance specified in Clause 1 of this Article, they shall be entitled to the social allowance specified in Article 6 of this Decree.

Article 27. Support for education, training and job creation

1. The subjects who are cared for and nurtured at the social protection establishments or social houses shall receive the support policies for attending preschool, intermediate vocational school, high school, college and university and learning trade as prescribed by law.

2. The subject specified in Clause 1, Article 5 of this Decree from 16 years of age or more are attending intermediate vocational school, high school, college and university and learning trade shall continue to receive the care and nurture at the social protection establishments or social houses until graduation of first degree but not exceeding 22 years of age.

3. The children from 13 years of age shall be cared for and nurtured at the social protection establishments or social houses and introduced to learn trade if not attending high school.

4. If the subjects specified in Paragraph 1, Article 5 of this Decree from 16 years of age do not continue to attend high school, intermediate vocational school, college and university or learn trade, they shall be taken back to their residence before entering the social protection establishments or social houses. The communal People’s Committee of the subjects’ previous shelter shall have to receive and create conditions to have job for stable life.

5. If the subjects specified in Paragraph 1, Article 5 of this Decree from 16 years of age or older do not continue attending high school, intermediate vocational school, college and university or learn trade, the social protection establishments, social houses or localities shall consider a support for them to have shelter, job and monthly social allowance until they can manage their life but not exceeding 24 months.

Article 28. Authority to receive the subjects to the social protection establishments or social houses and bring back the subject to live in community

1. The head of body directly managing the social protection establishments or social houses shall decide upon receiving the subjects specified in Paragraph 1 and 2, Article 25 of this Decree.

2. The head of social protection establishments or social houses shall decide to take the subjects out of the social protection establishments or social houses for the subjects specified in Clause 1 and 2, Article 25 of this Decree.

3. The head of social protection establishments or social houses shall decide to receive or take the subjects specified in Paragraph 4, Article 25 of this Decree out of the social protection establishments or social houses.

Article 29. Care and nurture service contract

1. The care and nurture service contract between the subjects with the social protection establishments or social houses (hereafter referred to as service contract) must be made in writing.

2. The service contract ensures the principle of respect and protection of subjects’ legitimate rights and interests. Where the subjects are cared and nurtured and must have their guardian, there must be opinions from these subjects.

3. The service contract must have the following main contents:

a) Subjects’ health condition;

b) Time, location and mode of care and nurture;

c) Care and nurture expenses and mode of payment;

d) Subjects’ rights and obligations;

dd) Rights and obligations of the social protection establishments or social houses;

e) Other contents (if any).

4. The signing, implementation, modification, addition and termination of care service contract shall be agreed by the party as prescribed by law;

Article 30. Dossier for admission to the social protection establishments or social houses

1. The dossier for admission to the social protection establishments or social houses for the subjects specified in Paragraph 1, Article 25 of this Decree, including:

a) Application of the subject or guardian under the Form specified by the Ministry of Labor - Invalids and Social Affairs;

b) Résumé of the subject under the Form specified by the Ministry of Labor - Invalids and Social Affairs with certification of communal People’s Committee;

c) Declaration to request the social support under the Form specified by the Ministry of Labor - Invalids and Social Affairs;

d) Copy of certificate of birth for children. In case of abandoned children, the procedures for registration of certificate of birth is according to regulations of law on registration of civil status;

dd) Certification of competent medical body in case of HIV infection;

e) Record of conclusion of the approval Council;

g) Admission decision of Chairman of communal People’s Committee if the social houses are under the management of the communal level;

h) Admission decision of Chairman of district-level People’s Committee if the social protection establishments or social houses are under the management of the district level;

i) Admission decision of Director of Department of Labor - Invalids and Social Affairs if the social protection establishments or social houses are under the management of the provincial level;

k) Other relevant papers (if any);

2. Dossier for admission to the social protection establishments for the subjects specified in Paragraph 2, Article 25 of this Decree, including:

a) Application of the subject or guardian under the Form specified by the Ministry of Labor - Invalids and Social Affairs;

b) Declaration to request the social support under the Form specified by the Ministry of Labor - Invalids and Social Affairs;

c) Copy of ID card or personal papers of the subjects (if any);

d) Record in urgent case at risk of threatening the subjects’ life;

dd) Written request of Chairman of provincial People’s Committee where the subject is living or the place which detects the urgent need of protection.

e) Admission decision of competent state authorities.

3. Dossier for admission to the social protection establishments or social houses for the subjects specified in Paragraph 4, Article 25 of this Decree, including:

a) Papers as stipulated under Points a, b, c and d, Paragraph 1 of this Article;

b) Care service contract;

c) Other relevant papers (if any)

Article 31. Procedures for admission to the social protection establishments or social houses

1. The procedures for admission for care and nurture to the subjects specified in Paragraph 1, Article 25 of this Decree are as follows:

a) Subjects or their guardians who have the papers specified under Points a, b, c, d và dd, Paragraph 1, Article 20 of this Decree and send the, to the Chairman of communal People’s Committee;

b) Within 15 days after receiving the subjects’ dossier, the approval Council shall verify, approve and publicly list the result at the head office of communal People’s Committee within 07 working days, except for information on HIV of the subjects.

When the time of public listing is over, if there is no complaint, the approval Council shall add the record of conclusion of the approval Council and submit it to the Chairman of communal People’s Committee to decide on admitting the subjects to the social houses under the management of communal level for care and nurture or send a written request to the Division of Labor – Invalids and Social Affairs.

In case of complaint during the time of listing, within 10 working days after receiving the complaint, the approval Council shall verify, inspect, give specific and public conclusion before people and submit it to the Chairman of communal People’s Committee to decide on admitting the subjects to the social houses under the management of communal level for care and nurture or send a written request to the Division of Labor – Invalids and Social Affairs.

c) Within 07 working days after receiving the subject’s dossier and the written request of the Chairman of communal People’s Committee, the Division of Labor – Invalids and Social Affairs shall verify and submit it to the Chairman of district People’s Committee for decision;

d) Within 03 working days after receiving the document from the Division of Labor – Invalids and Social Affairs, the Chairman of district People’s Committee shall decide on the admission of subjects to the social protection establishments or social houses for care and nurture under its management or send a written request to the Director of Department of Labor – Invalids and Social Affairs;

dd) Within 07 working days after receiving the subjects’ dossier and the written request of the Chairman of district People’s Committee, the Director of Department of Labor – Invalids and Social Affairs shall decide on the admission of subjects to the social protection establishments or social houses for care and nurture under its management

e) Where the subjects are not admitted for care and nurture, the body receiving the subjects’ dossier must reply in writing and specify the reasons.

2. The procedures for admission to the social protection establishments or social houses for the subjects specified in Paragraph 2, Article 25 of this Decree are as follows:

a) When detecting any subject needs urgent protection, the provincial public servant in charge of Labor - invalids and social affairs shall make a record, if he finds it necessary to take such subject to the social protection establishments or social houses for care and nurture, he should instruct the subject or his family members to prepare the prescribed dossier;

b) Based on the subject’s dossier, the Chairman of communal People’s Committee shall decide upon the admission of subject to the social protection establishments or social houses for care and nurture or send a written request to the Division of Labor – Invalids and Social Affairs for decision;

c) When receiving the subject’s dossier and the written request of the Chairman of communal People’s Committee, the Division of Labor – Invalids and Social Affairs shall verify and submit to the Chairman of district People’s Committee to decide on the admission of subjects to the social protection establishments or social houses for care and nurture under his management or send a written request to the Director of Department of Labor – Invalids and Social Affairs;

d) When receiving the subjects’ dossier and the written request of the Chairman of district People’s Committee, the Director of Department of Labor – Invalids and Social Affairs shall decide on admission of subjects to the social protection establishments or social houses for care and nurture under his management;

dd) Where the subjects are not admitted for care and nurture, the body receiving the subjects’ dossier must reply in writing and specify the reasons.

e) The Chairman of communal People’s Committee is responsible for transporting and handing over the subjects to the social protection establishments or social houses.

3. The procedures for deciding on admission to the social protection establishments or social houses for the subjects specified in Paragraph 4, Article 25 of this Decree are as follows:

a) The subjects or their guardian should prepare dossier specified in Paragraph 3, Article 30 of this Decree and it to the social protection establishments or social houses;

b) When receiving the subjects’ dossier, the heads of social protection establishments or social houses shall decide on the admission and sign the care service contract according to the regulations.

Chapter 6.

APPROVAL COUNCIL OF SOCIAL SUPPORT

Article 32. Members of approval Council

The approval Council shall be established by the Chairman of communal People’s Committee with the following members:

1. Chairman or Vice Chairman of communal People’s Committee as the Chairman of approval Council;

2. Communal public servant in charge of Labor, invalids and social affairs as the Vice Chairman of approval Council;

3. Other members of the approval Council are:

a) Communal public servant in charge of judicial and civil status work;

b) Head of communal health station;

c) Chairman or Vice Chairman of Vietnam Fatherland Front Committee at communal level;

d) Secretary or Deputy Secretary of the Communist Youth Union of Ho Chi Minh at communal level;

dd) Chairman or Vice Chairman of the Vietnam Women's Union at communal level;

e) Chairman or Vice Chairman of the Vietnam Farmers at communal level (if any);

g) Chairman or Vice Chairman of the Vietnam Veterans Association at communal level;

h) Chairman or Vice Chairman of the Association of the Elderly at communal level;

i) Chairman or Vice Chairman of the Disabled People Association (if any);

k) Other members as decided by the Chairman of the commune People's Committee.

Article 33. Activities of the approval Council

1. The Chairman of the approval Council shall organize and preside over the activities of the approval Council.

2. The approval Council works on the principle of collective, its meetings are only valid if at least two thirds of the members’ attendance.

3. The conclusions of the approval Council are adopted by the majority vote. In case of equal voting results, the decision of the Chairman of the approval Council. The written conclusion of the approval Council is under the Form specified by the Ministry of Labor - Invalids and Social Affairs.

4. The approval Council shall make its decisions independently and take responsibility before law for its decision.

5. The Ministry of Labor - Invalids and Social Affairs and the Ministry of Finance shall stipulate in detail the operational funding of the approval Council.

Chapter 7.

FUNDING FOR IMPLEMENTATION

Article 34. Funding for implementation of regularly social support policies

1. The funding for regular implementation of policy on social support and support for care and nurture in community and the funding for payment of policies, propagation, subject approval, application of information technology, training and re-training to improve staff capacity, inspection and monitoring shall comply with the law on state budget.

2. The funding to ensure the care and nurture for the subjects specified in Clause 1 and 2, Article 25 of this Decree shall comply with the following provisions:

a) For the social protection establishments or social houses which are under the management of any level, the budget of such level shall ensure the social expenditure estimate.

b) For the non-public social protection establishments or social houses, the provincial budget shall ensure the social expenditure estimate.

3. The funding for regular operation, capital construction investment and other expenditures of the social protection establishments or social houses shall comply with regulations of law. The social protection establishments or social houses have the right to receive, use and manage the funding sources and objects contributed or helped for charity by the organizations and individuals; must ensure the use for the right purposes and subjects and payment and finalization as stipulated by law.

4. The Ministry of Finance, Ministry of Labor - Invalids and Social Affairs shall guide the implementation of Paragraph 1 and 2 of this Article.

Article 35. Funding for unplanned support

1. The funding for unplanned support includes:

a) Self-balanced budget in accordance with regulations of law on state budget;

b) Support from foreign and local organizations and individuals directly provided for localities or through bodies and organizations.

2. In case of natural disaster or fire widely occurring which results in serious damages and the funding sources specified in Clause 1 of this Article is not enough for unplanned support, the Chairman of provincial People’s Committee shall make report to the Ministry of Labor - Invalids and Social Affairs and the Ministry of Finance to summarize and request the Prime Minister for consideration and decision on food support from the central budget.

Article 36. Management of social support funding

The estimate preparation, allocation, execution and settlement of funding for implementation of social support policies must comply with the regulations of law on state budget.

Chapter 8.

IMPLEMENTATION ORGANIZATION

Article 37. Regular payment of policies on social support and support for subject care and nurture in community

1. The regular benefits and policies on social support and support for subject care and nurture in community must be paid promptly, fully and with proper subjects.

2. The Ministry of Labor - Invalids and Social Affairs and the Ministry of Finance shall guide the implementation of Paragraph 1 of this Article.

Article 38. Responsibility of ministries and sectors

1. The Ministry of Labor - Invalids and Social Affairs shall:

a) Guide the implementation of this Decree according to the regulations;

b) Carry out the propagation and dissemination of policies and laws on social support;

c) Apply information technology for subject management;

d) Provide training and retraining for staff to implement the social support policies;

dd) Inspect the implementation of provisions in this Decree.

2. The ministries, ministerial bodies within their power and duties must guide and organize the implementation of this Decree.

Article 39. Responsibility of provincial People’s Committees

1. Organize the implementation of benefits and policies on social support to the subjects specified in this Decree.

2. Allocate the funding to ensure the implement the benefits and policies in accordance with the provisions of this Decree.

3. Decide on the mode of payment in line with the reality of localities in the direction of towards converting the payment of social support policies from the state bodies to payment service organizations.

4. Inspect the implementation of social support policies in localities.

Chapter 9.

IMPLEMENTATION PROVISION

Article 40. Transitional provision

1. The subjects who are receiving the benefits and policies as provided for in Decree No. 67/2007/ND-CP dated 13/4/2007 of the Government on policies to support the social protection subjects, Decree No. 13/2010/ND-CP dated 27/2/2010 of the Government on amending and adding some articles of the Decree No. 67/2007/ND-CP dated 13/4/2007 of the Government on policies to support the social protection subjects, the Decree No. 06/2011/ND-CP dated 14/1/2011 of the Government detailing and guiding the implementation of some articles of the Law on the Elderly and the Decree No. 28/2012/ND-CP dated 10/4/2012 of the Government detailing and guiding the implementation of some articles of the Disability Law shall be converted to the respective rate and coefficients specified in this Decree from the effective date of this Decree.

2. The Ministry of Labor - Invalids and Social Affairs shall guide the procedures for conversion of respective rate and coefficient specified in paragraph 1 of this Article.

Article 41. Effect

1. This Decree takes effect from 01/01/2014.

2. The Decree No. 67/2007/ND-CP dated 13/4/2007 of the Government on the policies to support the social protection subjects, the Decree No. 13/2010/ND-CP dated 27/2/2010 of the Government amending and adding some articles of the Decree No. 67/2007/ND-CP dated 13/4/2007 of the Government on the policies to support the social protection subjects, Article 6 of the Decree No. 06/2011/ND-CP dated 14/1/2011 of the Government detailing and guiding the implementation of some articles of the Elderly Law and the Decision No. 38/2004/QD-TTg dated 17/3/2004 of the Prime Minister on funding support policies to the families and individuals that receive the orphans and the abandoned children shall be invalidated from the effective date of this Decree.

Article 42. Responsibility for implementation

The Ministers, Heads of ministerial bodies, Heads of governmental bodies and Chairman of People’s Committee of provinces and centrally-run cities are liable to execute this Decree./.

 

 

 

FOR THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung

 


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Decree 136/2013/ND-CP provides social support policies social protection subjects
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