Thông tư 02/2021/TT-BLĐTBXH hướng dẫn Nghị định 20/2021/NĐ-CP về chính sách trợ giúp đối tượng bảo trợ xã hội

CIRCULAR

Guiding the implementation of a number of articles of the Government’s Decree No. 20/2021/ND-CP dated March 15, 2021 providing social assistance policies for social protection beneficiaries

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Pursuant to the Government’s Decree No. 14/2017/ND-CP dated February 17, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Labor, Invalids and Social Affairs;

Pursuant to the Government’s Decree No. 20/2021/ND-CP dated March 15, 2021 providing social assistance policies for social protection beneficiaries;

At the proposal of the Director of Social Assistance Department;

The Minister of Labor, Invalids and Social Affairs promulgates the Circular guiding the implementation of a number of articles of the Government’s Decree No. 20/2021/ND-CP dated March 15, 2021 providing social assistance policies for social protection beneficiaries (hereinafter referred to as Decree No. 20/2021/ND-CP).

Article 1. Scope of regulation and subjects of application

1. This Circular provides for guidance on: stoppage or suspension of entitlement to monthly social allowance or monthly care and nurture financial support; regimes applicable to subjects in urgent need of protection; instructions and training of care and nurture techniques, and procedures for the subjects to be entitled to the new levels and coefficients.

2. Subjects of application: This Decree applies to agencies, organizations, families and individuals funded by the State budget to implement social assistance policies for social protection beneficiaries.

Article 2. Stoppage or suspension of entitlement to monthly social allowance or monthly care and nurture financial support under Clause 2 Article 8 of Decree No. 20/2021/ND-CP

1. Subjects of stoppage of entitlement to monthly social allowance under Clause 2 Article 8 of Decree No. 20/2021/ND-CP include:

a) Those that died or are missing as specified by law regulations;

b) Those specified in Article 5 of Decree No. 20/2021/ND-CP that are no longer eligible for monthly social allowance;

c) Those serving imprisonment sentences in prisons or with competent state agencies’ decisions on stoppage of entitlement to social allowance;

d) Those that refuse to enjoy the regimes and policies;

dd) Those that still fail to comply with a competent state agency’s request for re-determination of the degree of disability, re-determination of eligibility for social assistance or other information to serve the management of subjects after 03 months from the date of issuance of the decision to suspend the payment of social allowance specified at Point b Clause 3 of this Article.

2. Stoppage of monthly care and nurture financial support for persons undertaking to carry out care and nurture shall be applied to the following cases:

a) Those entitled to care and nurture or persons undertaking to carry out care and nurture died or are missing as specified by law regulations;

b) Those entitled to care and nurture specified in Article 5 of Decree No. 20/2021/ND-CP are no longer eligible for care and nurture as prescribed;

c) Persons undertaking to carry out care and nurture are no longer eligible as defined in Articles 22 and 23 of Decree No. 20/2021/ND-CP;

d) Persons undertaking to carry out care and nurture are administratively handled in the fields of social relief and protection, child protection and care, or are convicted under a legally effective judgment.

3. Suspension of entitlement to monthly social allowance or monthly care and nurture financial support shall be applied to the following cases:

a) Those who refuse the regimes and policies for consecutive 3 months or more;

b) Those that still fail to comply with a competent state agency’s request for re-determination of the degree of disability, re-determination of eligibility for social assistance or other information to serve the management of subjects.

c) Those who are temporarily detained for 01 month or more, for cases being currently entitled to monthly social allowance.

4. Civil servants in charge of the work of Labor, Invalids and Social Affairs at commune level shall make lists of subjects specified in Clauses 1, 2 and 3 of this Article and submit them to Chairpersons of commune-level People's Committees for them to send documents to district-level Divisions of Labor, Invalids and Social Affairs. The latter shall synthesize, appraise and submit to Chairpersons of district-level People's Committees for decision on stoppage or suspension of entitlement to monthly social allowance or monthly care and nurture financial support.

Article 3. Regimes for subjects in urgent need of protection specified in Clause 2 Article 18 and Clause 2 Article 19 of Decree No. 20/2021/ND-CP

1. Meals when living with the households admitting them for care and nurture: VND 60,000/person/day.

2. Costs for treatment at medical examination and treatment establishments shall comply with the following provisions:

For persons possessing a health insurance card, the costs shall comply with law regulations on health insurance. Persons without a health insurance card shall be received the support of medical care cost equal to the amounts covered by the health insurance fund for corresponding persons possessing a health insurance card.

3. Expenses for transporting subjects to their place of residence or to social protection establishments: The expense amount shall be based on common public transport price applicable in the locality. In case of arrangement of means of agencies or units, the support level shall be equal to 0.2 liters of petrol/1 km, based on the actual number of kilometers and the price of petrol at the time of transportation. In case of renting a car, the rental shall be according to agreement in the contract, and appropriate to the rental rate in the area at the renting time.

Article 4. Instructions and training of care and nurture techniques of social protection beneficiaries in community as specified in Clause 3 Article 20 of Decree No. 20/2021/ND-CP

1. Households or individuals undertaking to care for or nurture social protection beneficiaries shall be guided and trained the care and nurture techniques as follows:

a) Suitable nutritious regime;

b) Arrangement of accommodations, support of personal activities;

c) Provision of consultancy and assessment of psychological and physiological characteristics;

d) Relevant policies and law regulations;

dd) Other related techniques.

2. Commune-level and district-level People’s Committees shall organize the implementation of Clause 1 of this Article.

Article 5. Procedures for the subjects to be entitled to the new levels and coefficients under Clause 1 Article 37 of Decree No. 20/2021/ND-CP

1. District-level Divisions of Labor, Invalids and Social Affairs shall review and make lists of subjects being currently entitled to monthly social allowance or monthly care and nurture financial support and submit them to the Chairperson of district-level People's Committees to decide the payment according to the corresponding levels specified in the Decree No. 20/2021/ND-CP from July 01, 2021.

2. Heads of social protection establishments and social houses shall synthesize and report to competent agencies to ensure funding and organize the implementation of care and nurture regimes according to the levels specified in the Decree No. 20/2021/ND-CP from July 01, 2021.

Article 6. Responsibilities of agencies

1. Commune-level People's Committees shall

a) Manage social protection beneficiaries in the localities, using records, books, softwares or electronic databases;

b) Review and send reports to the district-level Divisions of Labor, Invalids and Social Affairs for synthesizing and submitting to the Chairpersons of district-level People's Committees for deciding the stoppage or continuation of entitlement to monthly social allowance or monthly care and nurture financial support, retrospective enjoyment of such amount (if any) for subjects specified in Clause 3, Article 2 of this Circular;

c) Summarize and send periodical reports on results of social assistance policy implementation in the localities with attached summary tables of data on policy implementation results, using the Forms 10a, 10b, 10c and 10d issued together with the Decree No. 20/2021/ND-CP, to the district-level Divisions of Labor, Invalids and Social Affairs and district-level People's Committees before June 15 and December 15 every year;

dd) Manage social protection establishments and social houses established by commune-level agencies and coordinate with the social protection establishments and social houses in the localities in their operation under law regulations on management of social protection establishments.

2. District-level People's Committees shall

a) Manage social protection beneficiaries in the localities, using records, books, softwares or electronic databases;

b) Guide, organize the implementation, inspect and supervise the identification and management of beneficiaries by commune-level agencies; organize the implementation of social assistance policies in the localities;

c) Guide, inspect and supervise the organization of payment service for beneficiaries;

d) Summarize and send periodical reports on results of social assistance policy implementation in the localities with attached summary tables of data on policy implementation results, using the Forms 10a, 10b, 10c and 10d issued together with the Decree No. 20/2021/ND-CP, to the provincial-level Department of Labor, Invalids and Social Affairs and provincial-level People's Committees before June 30 and December 31 every year;

dd) Manage social protection establishments and social houses established by district-level agencies under law regulations on management of social protection establishments.

3. Provincial-level People's Committees shall

a) Be responsible for organizing the implementation of the regimes and policies; allocating the funding; deciding on the payment method; examine, inspect and perform other tasks related to the implementation of social assistance policies in the localities as prescribed in Article 36 of Decree No. 20/2021/ND-CP;

b) Based on the local socio-economic conditions, submit  the standard social assistance level and level of social assistance applied in the localities that are higher than those specified in Decree No. 20/2021/ND-CP to the People’s Councils at the same level for decision; decide other disadvantaged subjects, which are not specified in the Decree No. 20/2021/ND-CP, to be entitled to social assistance policies, including persons with disabilities who are the third generation of persons participating in resistance wars and suffering toxic chemical infection;

c) Implement the application of information technology in electronic registration, electronic reviewing and online public service connection for handling and payment of policies, and management of beneficiaries; build a database of social protection beneficiaries; synthesize and send information of the beneficiaries to the Ministry of Labor, Invalids and Social Affairs (via its website) periodically and irregularly in accordance with regulations.

d) Summarize and send periodically report on the results of policy implementation in the localities with attached summary tables of data on policy implementation results, using the Forms 10a, 10b, 10c and 10d issued together with the Decree No. 20/2021/ND-CP, to the Ministry of Labor, Invalids and Social Affairs before January 15 and July 15 every year;

dd) Manage social protection establishments and social houses established by provincial-level agencies under law regulations on management of social protection establishments.

Article 7. Effect

1. This Circular takes effect after 45 days from the date of its signing. The regimes and policies specified in this Circular shall be applied from July 01, 2021.

2. The Joint Circular No. 29/2014/TTLT-BLDTBXH-BTC dated October 24, 2014 of the Ministry of Labor, Invalids and Social Affairs and the Ministry of Finance, on guiding a number of articles of the Government’s Decree No. 136/2013/ND-CP dated October 21, 2013 providing social assistance policies for social protection beneficiaries; Joint Circular No. 06/2015/TTLT-BLDTBXH-BTC dated May 12, 2015 of the Ministry of Labor, Invalids and Social Affairs and the Ministry of Finance, on amending and supplementing Clauses 2 and 4 Article 11 of Joint Circular No. 29/2014/TTLT-BLDTBXH-BTC shall cease to be effective from the effective date of this Circular.

3. Any problem arising in the course of implementation should be promptly reported to the Ministry of Labor, Invalids and Social Affairs for reviewing and handling./.