Nghị định 20/2021/NĐ-CP chính sách trợ giúp xã hội với đối tượng bảo trợ xã hội

DECREE
Providing social assistance policies for social protection beneficiaries
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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on State Budget dated June 25, 2015;

Pursuant to the Law on the Elderly dated November 23, 2009;

Pursuant to the Law on Persons with Disabilities dated June 17, 2010;

Pursuant to the Law on Children dated April 5, 2016;

Pursuant to the Law on Prevention and Control of Infection with Human Immunodeficiency Virus (HIV/AIDS) dated June 29, 2006;

Pursuant to the Law on Natural Disaster Prevention and Control dated June 19, 2013;

Pursuant to the Law Amending and Supplementing a Number of Articles of the Law on Natural Disaster Prevention and Control and the Law on Dykes dated June 17, 2020;

At the proposal of the Minister of Labor, Invalids and Social Affairs;

The Government promulgates the Decree providing social assistance policies for social protection beneficiaries.

Chapter I
GENERAL PROVISIONS

 Article 1. Scope of regulation

This Decree provides the policies of regular social assistance in community; admission of subjects for care and nurture in community; emergency social assistance, and care and nurture at social assistance establishments.

Article 2. Interpretation of terms

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

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

2. Severely injured person means an injured person that requires emergency treatment and treatment at a medical facility for 3 days or more.

3. Household with urgent housing relocation means a household having to relocate their house due to the risk of landslides, floods, natural disasters, catastrophes, fire, or other force majeure events as decided by a competent State agency.

4. A force majeure event means an event that occurs in an objective manner, cannot be foreseen and remedied even though all necessary measures and capabilities have been applied.

5. Severe consequences of natural disasters, fires, traffic accidents or other force majeure events mean the consequences with fatalities or severely injured persons.

6. Persons who have the obligations and rights to take care of the elderly means the spouses or children and grandchildren of the elderly and other persons with the obligation to take care of and support them in accordance with the law provisions on marriages and families.

Article 3. Basic principles of social assistance policies

1. The social assistance policies shall be carried out in a timely, fair, openness and timeliness based on the difficulty and priority level in the family and community where the subjects live.

2. The social assistance regimes and policies shall be changed depending on the economic conditions of the country and minimum living standards of residents from time to time.

3. The State encourages and creates conditions for agencies, organizations, and individuals to nurture, take care of and assist social assistance beneficiaries.

Article 4. Standard social assistance level

1. The standard social assistance level serves as the basis for determining the social allowance and financial support for admission of subjects for care and nurture; allowance for nurture in social assistance establishment and other social assistance levels.

2. The standard social assistance level applied from July 1, 2021 is VND 360,000/month.

Depending on the balancing capacity of the budget, the rate of increase in consumer prices and the living situation of the social protection beneficiaries, the competent authorities shall consider and increase the standard social assistance level to be suitable; ensuring policy correlation with other subjects.

3. Based on local socio-economic conditions, the provincial-level People’s Committees shall advise the People’s Councils of the same level to decide on:

a) The standard social assistance level and the social assistance levels applied in the localities, which must not be lower than the standard social assistance level and the social assistance levels prescribed in this Decree;

b) Other disadvantaged subjects, which are not specified in this Decree, to be entitled to social assistance policies.

Chapter II
REGULAR SOCIAL ASSISTANCE IN COMMUNITY

 Article 5. Social protection beneficiaries entitled to monthly social allowances

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 an orphan who has lost both parents;

c) Being an orphan whose mother or father has died, and the remaining parent is missing as prescribed by the law provisions;

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

dd) Being an orphan 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 reformatories, compulsory educational establishments, and compulsory detoxification establishments;

e) Both parents are missing as prescribed by the law provisions;

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

h) Both parents are serving the prison term in jail or are exercising the decisions on handling of administrative violation at reformatories, compulsory educational establishments, and compulsory detoxification establishments;

i) The mother or father is missing as prescribed by the law provisions and the remaining parent is receiving the care and nurture benefits at the social protection establishments or social houses;

k) The mother or father is missing as prescribed by the law provisions and the remaining parent is serving prison term in jail or is exercising the decision on handling of administrative violation at the reformatories, compulsory educational establishments, and compulsory detoxification establishments;

l) The 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 reformatories, compulsory educational establishments, and compulsory detoxification establishments;

2. Persons specified in Clause 1 of this Article who are enjoying monthly social allowance, but reach full 16 years of age and are studying in high schools, vocational schools, professional secondary schools, colleges, or universities of first degree, shall continue to enjoy social assistance policies until the end of their education, but not more than the age of 22.

3. Children infected with HIV of poor households.

4. Persons belong to poor or near-poor households who are not married; those who are married but the wife or husband has died or is missing as prescribed by the law provisions and they are raising children under 16 years old or children between 16 and 22 years old who are in high schools, vocational schools, professional secondary schools, colleges or universities of first degree as prescribed in Clause 2 of this Article (hereafter referred to as poor and single persons who are raising children)

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

a) The elderly persons belong to poor households who do not have any person with obligations and rights to serve them, or have such persons but they are receiving monthly social allowances.

b) The elderly persons from full 75 to 80 years old belong to poor or near-poor households, but not subject to the provisions at Point a of this Clause and living in communes and villages in ethnic minority areas and mountainous areas with special difficulties;

c) The elderly persons from full 80 years old or older not subject to the provisions at Point a of this Clause, who have no monthly pension, social insurance allowance, or social allowance;

d) The elderly persons belong to poor households who 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 persons who wish to take care of them in community.

6. Persons with severe disabilities or extremely severe disabilities as prescribed by to the law provisions on persons with disabilities.

7. Children under 3 years old belonging to poor or near-poor households other than those specified in Clauses 1, 3 and 6 of this Article living in communes and villages in ethnic minority areas and mountainous areas with special difficulties.

8. Persons infected with HIV/AIDS belong to poor households without a stable monthly income source such as salary, wages, pension, social insurance allowance, or monthly social allowance.

Article 6. Monthly social allowance rate

1. The subjects specified in Article 5 of this Decree shall be entitled to the monthly social allowance with the standard social assistance level specified in Article 4 of this Decree multiplied by the respective coefficient as follows:

a) For the subjects specified in Clause 1, Article 5 of this Decree:

- Coefficient 2.5 for those under 4 years old;

- Coefficient 1.5 those who are full 4 years old or older.

b) Coefficient 1.5 for the subjects specified in Clause 2, Article 5 of this Decree.

c) For the subjects specified in Clause 3, Article 5 of this Decree:

- Coefficient 2.5 for those under 4 years old;

- Coefficient 2.0 for those from full 4 to under 16 years old;

d) For the subjects specified in Clause 4, Article 5 of this Decree:

Coefficient 1.0 for each child they are raising.

dd) For the subjects specified in Clause 5, Article 5 of this Decree:

- Coefficient 1.5 for those specified at Point a, Clause 5, from full 60 to 80 years old;

- Coefficient 2.0 for those specified at Point a, Clause 5, who are full 80 years old or older;

- Coefficient 1.0 for those specified at Points b and c, Clause 5;

- Coefficient 3.0 for those specified at Point d, Clause 5.

e) For the subjects specified in Clause 6, Article 5 of this Decree:

- Coefficient 2.0 for persons with extremely severe disabilities;

- Coefficient 2.5 for children with extremely severe disabilities or elderly persons with extremely severe disabilities;

- Coefficient 1.5 for persons with severe disabilities;

- Coefficient 2.0 for children with severe disabilities or elderly persons with severe disabilities.

g) Coefficient 1.5 for the subjects specified in Clauses 7 and 8, Article 5 of this Decree.

2. In cases where the subjects are entitled to the rates with different coefficients specified in Clause 1 of this Article, they shall only receive the highest rate. For poor and single persons who are raising children and are the subjects specified in Clauses 5, 6 and 8, Article 5 of this Decree, shall be entitled to the benefits for the subjects specified in Clause 4, Article 5, and Clauses 5, 6 and 8, Article 5 of this Decree.

Article 7. Dossiers for monthly social allowance and monthly care and nurture financial support

1. A dossier of application for monthly social allowance includes:

The subject's declaration made according to Forms 1a, 1b, 1c, 1d, and 1dd issued together with this Decree.

2. A dossier of application for monthly care and nurture financial support includes:

a) A declaration of a household with a person with extremely severe disabilities, made using Form No. 2a issued together with this Decree;

b) A declaration for admitting social protection beneficiaries for care and nurture, made using Form No. 2b issued together with this Decree;

c) A declaration of the subject receiving care and nurture in cases where the subject is not entitled to the monthly social allowance, made using Form No. 03 issued together with this Decree.

Article 8. Procedures for implementation, modification, or stoppage of entitlement to monthly social allowance, monthly financial support for care and nurture

1. The procedures for implementation, modification, or stoppage of entitlement to monthly social allowance or monthly financial support for care and nurture are prescribed as follows:

a) The subject, his/her guardian or the relevant organization or individual shall make a dossier as prescribed in Article 7 of this Decree and send it to the Chairperson of the People’s Committee of the commune, ward, or township where he/she resides (hereinafter referred to as the Chairperson of the commune-level People’s Committee). When submitting the dossier, he/she shall present the following documents for the dossier-receiving officer to compare the information therein with that declared in the declaration:

- The household registration book of the subject or the written certification of the police of the commune, ward, or township; his/her identity card or citizen identification card;

- Birth certificates of children, in case of application for social allowances for children, poor and single persons who are raising children, and persons with disabilities who are raising children;

- A certificate of HIV infection from a competent health agency, if he/she is infected with HIV;

- A certificate of pregnancy from a competent health authority, in case of a disabled person being pregnant;

- A certificate of disability, in case of a person with disabilities.

b) Within 07 working days after fully receiving the dossier, the civil servant in charge of Labor, Invalids and Social Affairs shall review the dossier and submit it the Chairperson of the communal-level People’s Committee to consider and approve the dossier as well as publicize the results at the head office of the communal-level People’s Committee within 02 working days, excluding the information related to the HIV/AIDS status of the subject.

In case of complaint, within 10 working days after receiving the complaint, the Chairperson of the communal-level People’s Committee shall review, conclude, and publicize issues related to the complaint.

c) Within 03 working days after the dossier is approved without any complaint, the Chairperson of the commune-level People’s Committee shall send a written request together with the subject's dossier to the Division of Labor, Invalids and Social Affairs.

d) Within 07 working days after receiving the subject's dossier and the written request of the Chairperson of the commune-level People’s Committee, the Division of Labor, Invalids and Social Affairs shall appraise and submit it to the Chairperson of the People’s Committee of the district, town or provincial city (hereinafter referred to as the Chairperson of the district-level People’s Committee) for decision on monthly social allowance or monthly financial support for care and nurture of the subject. In cases where the subject is not eligible for the benefits, the Division of Labor, Invalids and Social Affairs shall reply in writing and clearly state the reason.

dd) Within 03 working days after receiving the written submission from the Division of Labor, Invalids and Social Affairs, the Chairperson of the district-level People’s Committee shall consider and decide on the monthly social allowance or monthly financial support for care and nurture of the subject.

The period for enjoying monthly social allowances for an elderly person as specified at Points b, Clause 5, Article 5 of this Decree shall be counted from the time when such person reaches full 75 years of age, as specified at Point c, Clause 5, Article 5 of this Decree to the time when he/she reaches full 80 years of age. The period for enjoying monthly social allowances for a person with disabilities shall be counted from the month on which such person is granted the certificate of disability level. The period for enjoying monthly social allowances and monthly care and nurture financial support for other subjects shall be counted from the month on which the Chairperson of the district-level People’s Committee signs the decision on the monthly social allowance.

The period for modification of the monthly social allowance shall be counted from the month on which the subjects are eligible for modification.

2. In cases where a subject entitled to monthly social allowance or monthly care and nurture financial support dies or is ineligible for such social allowance, the Chairperson of the commune-level People’s Committee shall request the Division of Labor, Invalids and Social Affairs to send a report advising the Chairperson of the district-level People’s Committee to decide on the stoppage of his/her entitlement to the monthly social allowance or monthly care and nurture financial support.

The period of stoppage of entitlement to the monthly social allowance or monthly care and nurture financial support shall be counted from the month immediately following the month on which the subject who is enjoying the monthly social allowance dies or is ineligible for such social allowance.

The Ministry of Labor, Invalids and Social Affairs shall provide specific guidance on cases of stoppage or suspension of entitlement to monthly social allowance or monthly care and nurture financial support.

3. Procedures for paying social allowance and receiving monthly care support when the subject changes his/her place of residence within the same district, town or provincial city shall comply with the following provisions:

a) The subject or his/her guardian shall send a written request to the Chairperson of the commune-level People’s Committee of the new place of residence;

b) Within 03 working days after receiving the written request, the Chairperson of the commune-level People’s Committee shall send a written request to the Division of Labor, Invalids and Social Affairs;

c) Within 03 working days after receiving the written request from the Chairperson of the commune-level People’s Committee, the Division of Labor, Invalids and Social Affairs shall appraise and send the monthly social allowance or monthly care and nurture financial support to the subject at his/her new residential address.

4. Procedures for deciding on monthly social allowance and monthly care financial support when the subject changes his/her place of residence among different districts, towns, or provincial cities inside and outside a province or municipality shall comply with the following provisions:

a) The subject who changes his/her place of residence shall send a written request to the Chairperson of the commune-level People’s Committee where the subject is currently receiving monthly social allowance;

b) The Chairperson of the commune-level People’s Committee where the subject is currently receiving monthly social allowance or monthly care and nurture financial support shall send a written request to the Division of Labor, Invalids and Social Affairs.

The Division of Labor, Invalids and Social Affairs shall request the Chairperson of the district-level People’s Committee to decide on the stoppage of entitlement of social allowance or monthly care and nurture financial support for the subject at his/her current place of residence, then send a document enclosed with the subject's dossier to the Chairperson of the commune-level People’s Committee of the subject's new place of residence;

c) Within 03 working days after receiving the subject's dossier, the Chairperson of the commune-level People’s Committee of the subject's new place of residence shall certify and transfer the subject's dossier to its Division of Labor, Invalids and Social Affairs;

d) Within 05 working days after receiving the subject's dossier, the Division of Labor, Invalids and Social Affairs shall appraise and submit it to the Chairperson of the district-level People’s Committee for decision on monthly social allowance or monthly care and nurture financial support to the subject. The period of enjoyment in the new place of residence shall start immediately after the month stated in the decision on stoppage of entitlement to monthly social allowance or monthly care and nurture financial support issued by the Chairperson of the district-level People’s Committee of the subject’s former place of residence.

Article 9. Issuance of health insurance cards

1. Social protection beneficiaries who are entitled to monthly social allowances shall be granted health insurance cards in accordance with the law provisions on health insurance.

2. In cases where the subjects specified in Clause 1 of this Article are eligible to be issued with many types of health insurance cards, only one health insurance card with the highest health insurance benefits shall be issued.

Article 10. Education, training, and vocational training assistance

The subjects specified in Article 5 of this Decree who are having general education or vocational education or studying at colleges and universities shall be entitled to support policies for education, training and vocational training as prescribed by the law provisions.

Article 11. Support for funeral costs

1. The following subjects, upon their death, are supported with funeral costs:

a) The subjects specified in Article 5 of this Decree who are enjoying monthly social allowances;

b) Children of poor and single persons who are raising children as specified in Clause 4, Article 5 of this Decree;

c) Persons from full 80 years old who are enjoying monthly survivorship allowances from social insurance or other monthly allowances.

2. The funeral cost support to the subjects specified in Clause 1 of this Article is at least 20 times higher than the standard level specified in Clause 2, Article 4 of this Decree. In cases where the subjects specified in Clause 1 of this Article are entitled to funeral cost support specified in many different documents with different rates, they will only be entitled to the highest rate.

3. A dossier of application for funeral cost support includes:

a) A declaration for funeral cost support made by the agency, organization, household, or individual that organizes the funeral for the subject, using Form No. 04 issued together with this Decree;

b) A copy of the subject's death certificate;

b) A copy of the decision or the list on stoppage of entitlement to social insurance benefits or other allowances issued by the competent authority, for the cases specified at Point c, Clause 1 of this Article.

4. Procedures for funeral cost support:

a) An individual, agency or organization which organizes the funeral for the subject shall make a dossier as prescribed in Clause 3 of this Article and send it to the Chairperson of the commune-level People’s Committee;

b) Within 02 working days after receiving the complete, the Chairperson of the commune-level People’s Committee shall send a written request enclosed with the subject's dossier to the Division of Labor, Invalids and Social Affairs;

c) Within 03 working days after receiving the written request from the Chairperson of the commune-level People’s Committee, the Division of Labor, Invalids and Social Affairs shall consider and submit it to the Chairperson of the district-level People’s Committee for decision on supporting costs of the subject’s funeral.

Chapter III
EMERGENCY SOCIAL ASSISTANCE

 Article 12. Support of food and essential necessities from the state budget

1. Households suffering food insecurity shall be supported with 15 kg of rice/person/month in a period of 01 month for each time of support during the Lunar New Year. Those who are suffering food insecurity due to natural disasters, fires, crop failures, grain shortages or other force majeure events shall be supported with food allocated from local resources and national reserves in a period of no more than 3 months for each time of support.

2. Support of essential necessities:

Those who have difficult circumstances due to natural disasters, fires, epidemics, or other force majeure events, but lose their houses and are unable to meet their own essential needs, shall be considered for support of tents, drinking water, food, blankets, pots and pans, fuel, motorboats, and some other essential items for their immediate and on-spot needs from the mobilized resources or national reserves

3. Procedures for the support shall comply with the following provisions:

a) Heads of villages, hamlets, ethnic minority villages and hamlets, residential clusters, residential groups (hereinafter referred to as village heads) shall make a list of households and the number of persons in each household who are suffering food insecurity or lacking essential necessities in need of support, using Forms No. 5a and No. 5b issued together with this Decree;

b) The village head shall assume the prime responsibility for, and coordinate with the representatives of relevant organizations in the villages, to consider the cases and the number of persons in the households suffering food insecurity and lacking essential necessities in the list, then complete the list and send it to the Chairperson of the communal-level People’s Committee;

c) Within 02 days after receiving the request of the village head, the chairperson of the commune-level People’s Committee shall consider and decide to provide immediate relief for emergency cases. In case of shortage of resources, a written request for assistance should be sent to the Division of Labor, Invalids and Social Affairs;

d) The Division of Labor, Invalids and Social Affairs shall appraise and submit it to the Chairperson of the district-level People’s Committee for decision on support;

dd) The Chairperson of the district-level People’s Committee shall consider and decide on support. In case of shortage of resources, a written request for assistance shall be sent to the Department of Labor, Invalids and Social Affairs and the Department of Finance;

e) The Department of Labor, Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with the Department of Finance and relevant departments and sectors in, summarizing and submitting it to the Chairperson of the provincial-level People’s Committee for consideration and decision. In case of shortage of resources, the Chairperson of the provincial People’s Committee shall send a written request to the Ministry of Labor, Invalids and Social Affairs and the Ministry of Finance;

g) The Ministry of Labor, Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with ministries and agencies managing national reserves, in making a summary of the needs for support of localities and reporting it to the Prime Minister; and at the same time send it to the Ministry of Finance for appraisal and submission to the Prime Minister for consideration and decision on using goods in the national reserves to support the localities;

h) Upon receiving support, the Chairpersons of the People’s Committees at all levels shall immediately provide them to the subjects in accordance with regulations;

i) At the end of each support period, the People’s Committees at all levels shall summarize and report the results of support to their upper levels.

Article 13. Support for treatment of severely injured persons

1. Persons severely injured by natural disasters or fires; traffic accidents, severe occupational accident, or other force majeure events at their places of residence shall be considered for support with a minimum level equal to 10 times the standard social assistance level specified in Clause 2, Article 4 of this Decree.

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

2. In cases where a person who is severely injured outside his/her place of residence as specified in Clause 1 of this Article does not have a relative to take care of him/her, the agency or organization directly providing first aid and treatment for him/her shall send a written request to Chairperson of the People’s Committee of the district-level locality where the patient is given first aid and treatment to decide on the support for him/her based on the level specified in Clause 1 of this Article.

Within 02 days after receiving the written request, the Chairperson of the district-level People’s Committee shall consider and decide on the support.

Article 14. Support for funeral costs

1. Households of persons who are dead or missing due to natural disasters, fires, epidemics; traffic accidents, severe occupational accidents, or other force majeure events shall be considered for funeral cost support with a minimum level equal to 50 times the standard social assistance level specified in Clause 2, Article 4 of this Decree.

2. Agencies, organizations and individuals that organize the funerals for the dead persons specified in Clause 1 of this Article because they have no one to accept the responsibility for organizing their funerals, shall be considered for funeral cost support based on the actual costs, but at least equal to 50 times the standard social assistance level specified in Clause 2, Article 4 of this Decree.

3. Procedures for funeral cost support shall comply with the following provisions:

a) The agency, organization, family or individual directly carrying out the funeral for a subject shall makes and sends a declaration for funeral cost support using Form No. 04 issued together with this Decree, enclosed with the subject’s death notice specified in Clause 1 of this Article or written certification of the commune-level police, for the cases specified in Clause 2 of this Article, to the Chairperson of the commune-level People’s Committee;

b) Within 03 working days after receiving the written request of the Chairperson of the commune-level People’s Committee, the Chairperson of the district-level People’s Committee shall consider and decide on the support. In case of lack of funds, the provisions of Clause 3, Article 12 of this Decree shall prevail.

Article 15. Support for house construction and repair

1. Poor and near-poor households, needy households whose houses have collapsed, swept off, burned down in natural disasters, fires, or other force majeure events, but no longer have places to live shall be considered for housing support with a minimum of VND 40,000,000/household.

2. Households that have to urgently relocate their houses under decisions of competent agencies due to the risk of landslides, floods, natural disasters, fires, or other force majeure events shall be considered to house relocation support with a minimum of VND 30,000,000/household.

3. Poor and near-poor households, needy households, whose houses are so severely damaged due to natural disasters, fires or other force majeure events that cannot be lived in, shall be considered for house repair support with a minimum of VND 20,000,000/household.

4. Procedures for house construction and repair support shall comply with the following provisions:

a) The household made a declaration for housing support, using Form No. 06 issued together with this Decree, and sends it to the Chairperson of the commune-level People’s Committee;

b) The order to consider housing support shall comply with Clause 3, Article 12 of this Decree.

Article 16. Emergency support to children when their parents are dead or missing due to natural disasters, fires, epidemics, or other force majeure events

1. Children whose both parents die or go missing due to natural disasters, fires, epidemics, or other force majeure events and have no relatives to take care of and nurture them shall receive support as prescribed in Clause 2, Article 19 of this Decree.

2. Procedures for child support specified in Clause 1 of this Article shall comply with Clause 1, Article 12 of this Decree.

Article 17. Support for job creation and production development

1. Households whose main employee dies or is missing or households who lose their main means of production due to natural disasters, fires, epidemics, or other force majeure events leading to unemployment shall be considered for job creation and production development support in accordance with the current law provisions.

2. In extremely urgent and severe cases, the support as specified in Articles 12, 13 and 14 of this Decree shall comply with the process and procedures decided by the Chairperson of the commune-level People’s Committee without consideration, ensuring that the support is made to the right subjects at the right norms in a timely, open, and transparent manner.

Chapter IV
CARE AND NURTURE IN COMMUNITY

 Article 18. Subjects entitled to care and nurture in community

1. Subjects who are entitled to monthly care and nurture in community by households and individuals include:

a) Those specified in Clause 1, Article 5 of this Decree;

b) Those specified at Point d, Clause 5, Article 5 of this Decree;

c) Those specified in Clause 6, Article 5 of this Decree.

2. Subjects in urgent need of protection who are entitled to temporarily care and nurture in community include:

a) Children whose both parents are dead or missing in accordance with the law provisions having no relatives to take care of or nurture them or their relatives are incapable of taking care and nurturing;

b) Victims of domestic violence; victims of sexual and physical abuse; victims of trafficking; victims of forced labor who need urgent protection during the time they are waiting to return to their places of residence or to social assistance establishments or social houses;

c) Children, vagrants, and homeless beggars when they are waiting to be taken to their places of residence or to social assistance establishments or social houses;

d) Other subjects in urgent need of protection under decisions of Chairpersons of provincial-level People’s Committees.

3. The period of temporary care and nurture in community for a subject as specified in Clause 2 of this Article shall not last more than 03 months. In cases where such period expires but no household or individual admits the subject for care and nurture, the Chairperson of the commune-level People’s Committee shall assign another household or individual to offer temporary care and nurture for the subject, or send a written request to the Division of Labor, Invalids and Social Affairs asking them to advise the Chairperson of the district-level People’s Committee to take the subject to social assistance establishments or social houses for care and nurture in accordance with the law provisions.

Article 19. Benefits for subjects entitled to care and nurture

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

a) Monthly social allowance as specified in Article 6 of this Decree;

b) Health insurance cards as specified in Article 9 of this Decree;

c) Education, training, and vocational training assistance as specified in Article 10 of this Decree;

d) Funeral cost support as specified in Article 11 of this Decree;

2. The subjects specified in Clause 2, Article 18 of this Decree, when living with the households admitting them for care and nurture, shall be entitled to the following support:

a) Meals when living with the households admitting them for care and nurture;

b) Costs for treatment at medical facilities without health insurance cards;

c) Costs for taking the subjects to their places of residence or to social assistance establishments or social houses.

3. The Ministry of Labor, Invalids and Social Affairs shall guide the implementation of Clause 2 of this Article.

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

1. The lowest monthly financial support for care and nurture for each subject specified in Clause 1, Point d, Clause 5, Article 5 of this Decree shall be equal to the standard social assistance level specified in Clause 2, Article 4 of this Decree multiplied by the respective coefficient as follows:

a) Coefficient 2.5 for those who take care of and nurture children under 04 years old specified in Clause 1, Article 5 of this Decree;

b) Coefficient 1.5 for those who take care of and nurture children from full 4 years old to under 16 years old specified in Clause 1, Article 5 of this Decree, and at Point d, Clause 5, Article 5 of this Decree.

2. The lowest monthly financial support for care and nurture for each subject specified in Clause 6, Article 5 of this Decree shall be equal to the standard social assistance level specified in Clause 2, Article 4 of this Decree multiplied by the respective coefficient as follows:

a) Monthly financial support for care of persons with extremely severe disabilities, or persons with severe disabilities who are pregnant or raising children under 36 months old:

- Coefficient 1.5 for persons with extremely severe disabilities, persons with severe disabilities who are pregnant or raising a child under 36 months old;

- Coefficient 2.0 for persons with extremely severe disabilities, persons with severe disabilities who are pregnant and raising one child under 36 months old or raising two children under 36 months old or older;

In cases where the persons with disabilities are entitled to different coefficients specified at this Point, only the highest coefficient shall prevail;

In cases where both the husband and the wife are persons with disabilities entitled to monthly financial support specified at this Point, only one of them shall be entitled to the financial support.

b) In cases where a person with extremely severe disabilities, or a person with severe disabilities who is enjoying social allowances as specified in Clause 6, Article 5 of this Decree, is pregnant or raising children under 36 months old, they shall be still entitled to the financial support specified at Point a, Clause 2 of this Article.

c) Households each of which is directly taking care of and nurturing one person with extremely severe disabilities shall be entitled to the financial support with the coefficient 1.0.

d) Households and individuals that take care of and nurture persons with extremely severe disabilities shall be entitled to the financial support with the coefficients specified as follows:

- Coefficient 1.5 for those each of whom takes care of and nurtures one person with extremely severe disabilities;

- Coefficient 2.5 for those each of whom takes care of and nurtures one child with extremely severe disabilities

3. Instructions and training of care and nurture techniques.

4. Prioritized capital borrowing, vocational training for job creation, household economic development and other benefits as specified in relevant laws.

5. The Ministry of Labor, Invalids and Social Affairs shall guide the implementation of Clause 3 of this Article.

Article 21. Procedures for admitting the subjects for care and nurture

1. Procedures for admitting the subjects specified in Clause 1, Article 18 of this Decree for care and nurture shall comply with the provisions of Articles 7, Article 8 of this Decree.

2. Procedures for admitting the subjects specified at Point a, Clause 2, Article 18 of this Decree for care and nurture shall comply with the following provisions:

a) The village head shall make a list of subjects entitled to care and nurture and individuals or households in the village who are eligible to admit such subjects, then send it to the Chairperson of the commune-level People’s Committee;

b) Within 02 working days, the Chairperson of the commune-level People’s Committee shall send a written request to the Division of Labor, Invalids and Social Affairs;

c) Within 03 working days, the Division of Labor, Invalids and Social Affairs shall appraise and submit it to the Chairperson of the district-level People’s Committee for decision on the support. In cases where the support is denied, they must reply in writing and clearly state the reason;

d) The Chairperson of the commune-level People’s Committee shall transport and entrust the subjects to the organizations, individuals, or households that admit them for care and nurture immediately after the decision of the Chairperson of the commune-level People’s Committee is issued.

3. Procedures applicable to the subjects specified at Points b, c and d, Clause 2, Article 18 of this Decree shall comply with the following provisions:

a) The subject or his/her guardian shall submit an application form enclosed with the record of his/her violence or abuse and the written certification of his/her health status by a medical facility (if any) to the Chairperson of the commune-level People’s Committee.

The civil servant in charge of Labor, Invalids and Social Affairs in the commune where there are children and homeless beggars being victims of violence and abuse shall compile dossiers for them;

b) Within 02 working days, the Chairperson of the commune-level People’s Committee shall inspect and verify the information and send a written request to the Division of Labor, Invalids and Social Affairs;

c) Within 03 working days, the Division of Labor, Invalids and Social Affairs shall appraise and submit it to the Chairperson of the district-level People’s Committee for decision. In cases where the support is denied, they must reply in writing and clearly state the reason;

d) The Chairperson of the commune-level People’s Committee shall transport and entrust the subjects to the organizations, individuals, or households that admit them for care and nurture immediately after the decision of the Chairperson of the commune-level People’s Committee is issued.

Article 22. Conditions and responsibilities for persons admitting children for care and nurture

1. Persons admitting children for care and nurture shall satisfy the following conditions:

a) Having full civil act capacity and well implementing the Party's guidelines and policies, and the State's laws;

b) Voluntarily taking care of the children;

c) Having stable places of residence and accommodations for the children they admit for care and nurture;

d) Having suitable economic conditions, good health, and experiences in taking care of children;

dd) If they are living with their spouse, the spouse must satisfy the conditions specified at Points a and b of this Clause.

2. In cases where grandparents, aunts, uncles, older siblings, who admit the children specified in Clause 1, Article 5 of this Decree for care and nurture, fail to meet the conditions specified at Points a, c and d, Clause 1 of this Article, they shall still be considered for benefits specified in Article 12 of this Decree.

3. Persons admitting children for care and nurture must fulfill the following responsibilities:

a) Ensuring conditions for the children to attend schools, taking care of their health, facilitating them to play and entertain;

b) Providing safe and hygienic accommodation for the children;

c) Treating the children equally;

d) Performing other obligations as prescribed by the law provisions.

4. The cases which are not allowed to continue taking care of and nurturing the children:

a) Committing acts of ill-treatment towards children they are taking care of and nurturing;

b) Taking advantage of the benefits from care and nurture of the children for personal gains;

c) Having economic status or other reasons leading to the inability to ensure the care and upbringing of the children;

d) Seriously violating the rights of the children they are taking care of and nurturing.

Article 23. Conditions and responsibilities for persons admitting for care and nurture persons with extremely severe disabilities and elderly persons eligible for living at social assistance establishments

1. Persons admitting for care and nurture persons with extremely severe disabilities and elderly persons eligible for living at social assistance establishments shall satisfy the following conditions and responsibilities:

a) Having full civil act capacity and well implementing the Party's guidelines and policies, and the State's laws;

b) Having good health, experiences, and skills in taking care of disabled and elderly persons;

c) Having stable places of residence and accommodations for the disabled and elderly persons;

d) Having suitable economic conditions;

dd) If they are living with their spouse, the spouse must satisfy the conditions specified at Points a and b of this Clause.

2. The cases which are not allowed to continue taking care of and nurturing the elderly and disabled persons:

a) Committing acts of ill-treatment towards the elderly or disabled persons;

b) Taking advantage of the benefits from care and nurture of the elderly or disabled persons for personal gains;

c) Having economic status or other reasons leading to the inability to ensure the care and upbringing of the elderly or disabled persons;

d) Seriously violating the rights of the rights of the persons they are taking care of and nurturing.

Chapter V
CARE AND NURTURE OF SOCIAL PROTECTION SUBJECTS AT SOCIAL ASSISTANCE ESTABLISHMENTS AND SOCIAL HOUSES

 Article 24. Social protection subjects receiving care and nurture at social assistance establishments and social houses (hereinafter collectively referred to as social assistance establishments)

1. Social protection subjects with extremely difficult circumstances include:

a) The subjects specified in Clauses 1 and 3, Article 5 of this Decree, who are in difficulty, cannot take care of themselves and have no persons admitting them for care and nurture in community;

b) Elderly person receiving care and nurture at social assistance establishments in accordance with the law provisions on the elderly;

c) Disabled children and disabled persons receiving care and nurture at social assistance establishments in accordance with the law provisions on persons with disabilities.

2. Subjects in need of urgent protection include:

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

b) Children, vagrants, and homeless beggars when they are waiting to be taken to their places of residence;

c) Other subjects in urgent need of protection under decisions of Chairpersons of provincial-level People’s Committees.

3. Minors and persons who are no longer able to work shall be entitled to care and nurture at social assistance establishments in accordance with the law provisions on handling of administrative violations.

4. The maximum period of care and nurture for the subjects specified in Clause 2 of this Article at social assistance establishments or social houses shall not exceed 03 months. In cases where, after more than 3 months, the subjects cannot return to their families or community, the upper levels managing the social assistance establishments shall consider and decide on appropriate solutions.

5. Subjects who voluntarily live at social assistance establishments include:

a) Elderly persons under caregiver contracts;

b) Persons other than those specified in Clauses 1, 2 and 3 of this Article, who are unable to live at home and wish to live at social assistance establishments.

Article 25. Benefits of care and nurture at the social protection establishments or social houses

The subjects specified in Clauses 1, 2 and 3, Article 24 of this Decree, while living at social assistance establishments, shall be entitled to the benefits as follows:

1. The minimum monthly maintenance needs allowance for each subject is equal to the standard social assistance level specified in Clause 2, Article 4 of this Decree multiplied by the respective coefficients as follows: