Nghị định 30/2002/NĐ-CP của Chính phủ quy định và hướng dẫn thi hành một số Điều của Pháp lệnh người cao tuổi

DECREE

PRESCRIBING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE ORDINANCE ON ELDERLY PEOPLE

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of December 25, 2001;

Pursuant to the Ordinance on Elderly People of April 28, 2000;

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

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.-

1. Vietnamese elderly people are citizens of the Socialist Republic of Vietnam, who are aged full 60 or older.

2. Elderly overseas Vietnamese and foreign elderly people, while living and working in Vietnam, shall also be governed by the provisions in Article 13, Clause 1 of Article 14, Article 21 and Article 24 of the Ordinance on Elderly People.

Article 2.-

1. Persons having the obligation to support elderly people are their spouses, biological children, lawfully adopted children, daughters-in-law, sons-in-law, and grandchildren (grandchildren of paternal or maternal grandparents).

2. Lonely elderly people without any support and income sources and disabled elderly people of poor families shall be assisted by the State and the society.

Article 3.-The State and the society have the responsibility to care for and promote the role of the elderly people in the cause of national construction and defense; organize and mobilize families and society to contribute to the cause of caring for and promoting the role of the elderly people.

Article 4.-Elderly people must set good examples in fostering their own ethical qualities and in observing law; educate young generations in preserving and developing the nation’s fine traditions; and try their best to become the exemplary elder.

Chapter II

SUPPORTING AND CARING FOR ELDERLY PEOPLE

Article 5.-

1. Those who have the obligation to support elderly people shall have to fulfill their obligations as prescribed in Article 9 and Article 10 of the Ordinance on Elderly People.

2. In cases where those who have the obligation to support elderly people authorize individuals or service organizations to take care of elderly people as prescribed in Article 11 of the Ordinance on Elderly People, there must be clear agreement on the contents and duration of the care; expenses for the nurture and healthcare, and remuneration.

Article 6.-

1. Lonely elderly people without any support and income sources shall be provided social allowances by the State or cared at social relief establishments and when they die, the burial costs shall be subsidized as prescribed in Article 7, Article 10 and Article 11 of the Government’s Decree No. 07/2000/ND-CP of March 9, 2000 on social relief policies; entitled to medical examination and treatment as prescribed in Article 3 of the Government’s Decree No. 95/CP of August 28, 1994 on the partial collection of hospital fee.

2. Disabled elderly people of poor families shall be considered for entitlement to social allowances at their communities.

3. Elderly people, whose spouses are still alive, but old and weak, who have no biological children, grandchildren or relatives to rely and no income sources, shall be considered for entitlement to support regimes prescribed in Clause 1 of this Article.

4. Elderly people aged 90 or older, if having no pensions or other social allowances, shall be entitled to enjoy monthly social allowances from the local budget.

Article 7.-Elderly people shall be exempt from contributions to social and community activities, except for cases where they voluntarily take part therein.

Article 8.-Those who manage transport means as well as cultural and physical training and/or sport works must prioritize the arrangement of suitable seats for elderly people when the latter take part in public traffic, as well as cultural and sport activities.

Article 9.-Elderly people shall be given healthcare as prescribed in the Law on Protection of People’s Health of July 11, 1989.

Elderly people shall be given priority in medical examination and treatment at medical establishments according to Decree No. 23/HDBT of the Council of Ministers (now the Government) of January 24, 1991 on the Regulation on medical examination and treatment as well as functional rehabilitation.

Elderly people aged 100 or older shall be granted Health Insurance Cards free of charge.

Article 10.-The People’s Committees of all levels shall, depending on the actual capability of their localities, have to create favorable conditions regarding places, devices and facilities for elderly people to take part in physical training, sports, and cultural activities, suitable to their physical strength and psychology.

Depending on their capability, annually, the commune-level People’s Committees shall organize longevity parties for elderly people in practical forms.

Chapter III

PROMOTING THE ROLE OF ELDERLY PEOPLE IN THE CAUSE OF NATIONAL CONSTRUCTION AND DEFENSE

Article 11.-

1. The State encourages the elderly people to contribute their experiences and knowledge to the cause of national construction and defense; elderly people who directly organize activities, thus generating incomes and creating jobs, shall be provided with loans at preferential interest rates by the State and entitled to tax exemption and/or reduction according to current legislation.

2. Depending on their capabilities, the elderly people may select and participate in various activities prescribed in Article 24 of the Ordinance on Elderly People through grassroots Elderly People’s Associations and socio-professional societies.

Article 12.-Elderly people who directly set up cultural, physical training, sport, skills training and fostering establishments and/or service establishments for elderly people for non-profit purposes shall be encouraged by the State and entitled to tax exemption and/or reduction according to the provisions of current legislation.

Article 13.-The Association of Elderly People at central and commune levels may set up the elder-care fund under the Government’s Decree No. 177/1999/ND-CP of December 22, 1999 promulgating the Regulation on the organization and operation of social funds and charitable funds.

Chapter IV

RESPONSIBILITIES OF THE STATE AGENCIES

Article 14.-

1. The Ministry of Labor, War Invalids and Social Affairs shall perform the function of State management over the elder-related work; assume the prime responsibility and coordinate with the concerned ministries and branches in formulating and promulgating or submitting to the Government for promulgation legal documents on elderly people; organize and manage social relief centers.

2. The Ministry of Health shall exercise the State management over the provision of healthcare for elderly people according to the provisions in Article 14, Article 15 and Article 16 of the Ordinance on Elderly People and Article 9 of this Decree.

3. The Ministry of Construction shall assume the prime responsibility and coordinate with the concerned ministries and branches in promulgating legal documents on the design, construction or renovation of public works, meeting the elderly people’s activities demands and the care for elderly people.

4. The Ministry of Culture and Information shall assume the prime responsibility and coordinate with the Commission for Physical Training and Sports in guiding the propagation, mobilization and creation of conditions for the elderly people to take part in cultural, physical training and sport activities.

5. The Ministry of Finance shall assume the prime responsibility and coordinate with concerned ministries and branches in guiding the setting up, development and administration of the elder-care funds; allocate funding in support of the activities of the elderly people’s associations.

6. The Ministry of Education and Training shall assume the prime responsibility and coordinate with the concerned ministries and branches in organizing and guiding the regular education for elderly people.

7. The ministries, the ministerial-level agencies and the agencies attached to the Government shall, within the scope of their tasks and powers, have to exercise the State management as prescribed in Article 25 and Article 29 of the Ordinance on Elderly People.

Article 15.-

1. The People’s Committees of all levels shall have to organize the implementation of the policies and regimes towards the elderly people, firmly grasp the number and quality of elderly people, and mobilize people to care for, support as well as promote the role of, the elderly people.

2. On the basis of the provisions of the Ordinance on Elderly People, annually, the People’s Committees of the provinces and centrally-run cities shall work out financial plans and estimates of budget funding to support the practical activities of elderly people in their localities.

Chapter V

IMPLEMENTATION PROVISIONS

Article 16.-This Decree takes effect 15 days after its signing.

The previous provisions which are contrary to this Decree are hereby annulled.

Article 17.-The Ministry of Labor, War Invalids and Social Affairs, the Ministry of Health, the Ministry of Culture and Information, the Ministry of Construction, the Ministry of Communications and Transport, the Commission for Physical Training and Sports, the concerned ministries and branches and the People’s Committees of the provinces and centrally-run cities shall have to guide the implementation of this Decree.

Article 18.-The ministers, the heads of ministerial-level agencies, the heads of agencies attached to the Government and the presidents of the provincial/municipal People’s Committees shall have to implement this Decree.