Circular No. 02/2021/TT-BLDTBXH guiding the implementation of certain provisions of Government Decree No. 20/2021/NĐ-CP dated March 15, 2021 on social assistance policies for beneficiaries of social aid.

CIRCULAR

Guidelines for implementing certain provisions of Decree No. 20/2021/NĐ-CP dated March 15, 2021 of the Government on social assistance policies for beneficiaries of social protection

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

Based on Decree No. 20/2021/NĐ-CP dated March 15, 2021 by the Government regarding social assistance policies for social aid recipients;

At the proposal of the Director of the Social Assistance Administration;

The Minister of Labor, Invalids and Social Affairs issues this Circular guiding the implementation of certain provisions of Decree No. 20/2021/NĐ-CP dated March 15, 2021 of the Government on social assistance policies for beneficiaries of social protection (hereinafter referred to as Decree No. 20/2021/NĐ-CP).

Article 1. Scope of Regulation and Applicability

1. This Circular guides on: ceasing to receive monthly social allowances, temporarily suspending monthly social allowances, funding for monthly care and support; regulations for urgent protection cases; guidance and training on care and support operations and procedures for adjusting levels and corresponding coefficients.

2. Scope of application: this Circular applies to agencies, organizations, families, and individuals using state budget funds to implement social assistance policies for beneficiaries of social protection.

Article 2. Ceasing to receive monthly social allowances, temporarily suspending monthly social allowances, and supporting monthly care and support costs as stipulated in Clause 2, Article 8 of Decree No. 20/2021/NĐ-CP.

1. Beneficiaries who cease to receive monthly social allowances as stipulated in Clause 2, Article 8 of Decree No. 20/2021/NĐ-CP include:

a) Beneficiaries who have died or gone missing according to the law;

b) Beneficiaries specified in Article 5 of Decree No. 20/2021/NĐ-CP no longer meet the conditions to receive monthly social allowances;

c) Beneficiaries serving a prison sentence in a detention center or have a decision from a competent authority to cease receiving social allowances;

d) Beneficiaries who refuse to accept benefits and policies;

đ) After three months from the date of the decision to temporarily suspend payment of social allowances as stipulated in Point b, Clause 3 of this Article, if the beneficiary still does not comply with the requirements of the competent authority regarding re-evaluation of disability level, re-determination of eligibility for social assistance, or other information needed for beneficiary management.

2. Ceasing to provide monthly care and support funding for those receiving care and support in the following cases:

a) Beneficiaries receiving care and support or caregivers die or go missing according to the law;

b) Beneficiaries receiving care and support as specified in Article 5 of Decree No. 20/2021/NĐ-CP no longer meet the conditions for care and support as prescribed;

c) Caregivers no longer meet the conditions stipulated in Articles 22 and 23 of Decree No. 20/2021/NĐ-CP;

d) Caregivers are subject to administrative penalties in the field of social protection, relief, and child protection or are convicted by a final judgment.

3. Temporarily suspending receipt of monthly social allowances and monthly care and support funding in the following cases:

a) Beneficiaries continuously refuse to accept benefits and policies for three months or more;

b) Beneficiaries fail to comply with the requirements of the competent authority regarding re-evaluation of disability level, re-determination of eligibility for social assistance, or other information needed for beneficiary management.

c) Beneficiaries are detained for one month or more while receiving monthly social allowances.

4. Civil servants responsible for labor, invalids, and social affairs at the commune level shall prepare a list of beneficiaries as stipulated in Clauses 1, 2, and 3 of this Article, submit it to the Chairman of the Commune People's Committee, who will send a document to the Department of Labor, Invalids, and Social Affairs for consolidation and review before submitting to the Chairman of the District People's Committee for a decision to cease receiving monthly social allowances and monthly care and support funding.

1. Food allowance during the time living at the care-receiving household: VND 60,000/person/day.

2. Medical treatment costs in cases requiring treatment at medical facilities shall be implemented as follows:

For subjects with health insurance cards, the regulations on health insurance shall apply. For subjects without health insurance cards, they will be supported with medical examination and treatment costs equivalent to the health insurance fund's payment for those with health insurance cards.

3. Costs for returning the subject to their place of residence or to social assistance institutions: The cost level shall be based on the price of public transportation commonly used in the locality. In cases where vehicles from agencies or units are arranged, the support level will be calculated at 0.2 liters of gasoline per kilometer based on the actual distance traveled and the gasoline price at the time of transport. In cases where vehicles are rented from outside, the rental fee will be based on the agreed contract and consistent with market prices in the area at the time of rental.

Article 4. Guidance and training in the business of receiving care and nurturing social assistance beneficiaries in the community as provided for in Clause 3, Article 20 of Decree No. 20/2021/NĐ-CP

1. Households and individuals receiving care and nurturing of social assistance beneficiaries shall be guided and trained in the following aspects of care and nurturing:

a) Suitable dietary regimen;

b) Arrangement of accommodation and assistance with personal activities;

c) Counseling and evaluation of mental and physical conditions;

d) Relevant policies and laws;

đ) Other related business matters.

2. People's Committees at district and commune levels shall organize the implementation of the provisions of Clause 1 of this Article.

Article 5. Procedures for transferring levels and corresponding coefficients for subjects as stipulated in Clause 1, Article 37 of Decree No. 20/2021/NĐ-CP

1. The Department of Labor, Invalids and Social Affairs shall review and compile lists of subjects currently receiving social allowances and monthly care and nurturing subsidies, and submit them to the Chairman of the People's Committee at the district level for decision on payment according to the corresponding levels specified in Decree No. 20/2021/NĐ-CP from July 1, 2021.

2. Heads of social assistance institutions and homes shall aggregate reports to competent authorities to ensure funding and organize the implementation of care and nurturing regimes according to the levels specified in Decree No. 20/2021/NĐ-CP from July 1, 2021.

Article 6. Responsibilities of agencies

1. People's Committee at commune level

a) Manage social assistance beneficiaries within the jurisdiction through files, registers, software, or electronic databases;

b) Review and issue written notifications to the Department of Labor, Invalids and Social Affairs for consolidation and submission to the Chairman of the People's Committee at the district level for decisions regarding cessation, continuation, or retroactive payment of social allowances and monthly care and nurturing subsidies for subjects as stipulated in Clause 3, Article 2 of this Circular;

c) Aggregate and report periodically on the implementation of social assistance policies within the jurisdiction, attaching consolidated tables of results according to Models 10a, 10b, 10c, and 10d issued along with Decree No. 20/2021/NĐ-CP to the Department of Labor, Invalids and Social Affairs and the People's Committee at the district level before June 15 and December 15 each year;

d) Manage the operation of social assistance institutions and homes established by the commune in accordance with the law on management of social assistance institutions.

2. People's Committee at district level

a) Manage social assistance beneficiaries within the jurisdiction through files, registers, software, or electronic databases;

b) Guide, organize implementation, inspect, and supervise communes in identifying and managing beneficiaries; organize implementation of social assistance policies within the jurisdiction;

c) Guide, inspect, and supervise service organizations in implementing payment procedures for beneficiaries;

d) Aggregate and report periodically on the implementation of social assistance policies within the jurisdiction, attaching consolidated tables of results according to Models 10a, 10b, 10c, and 10d issued along with Decree No. 20/2021/NĐ-CP to the Department of Labor, Invalids and Social Affairs and the People's Committee at the provincial level before June 30 and December 31 each year;

đ) Manage social assistance institutions and homes established by the district in accordance with the law on management of social assistance institutions.

3. Provincial People's Committees

a) Organize implementation of policies and systems; allocate funds; decide on payment methods; inspect, audit, and perform other tasks related to the implementation of social assistance policies within the jurisdiction as stipulated in Article 36 of Decree No. 20/2021/NĐ-CP;

b) Based on local socio-economic conditions, propose to the People's Council at the same level to decide on higher standards and levels of social assistance applicable in the locality compared to the national standards and levels set out in Decree No. 20/2021/NĐ-CP; decide on other difficult cases not covered by Decree No. 20/2021/NĐ-CP who are eligible for social assistance policies, including third-generation disabled children of war veterans exposed to toxic chemicals;

c) Implement the application of information technology in electronic registration, electronic approval, and online service connection in policy processing, payment, beneficiary management; build a database of social assistance beneficiaries; regularly and promptly send beneficiary information to the Ministry of Labor, Invalids and Social Affairs (the Ministry’s website) as prescribed;

d) Aggregate and report periodically on the implementation of policies within the jurisdiction, attaching consolidated tables of results according to Models 10a, 10b, 10c, and 10d issued along with Decree No. 20/2021/NĐ-CP to the Ministry of Labor, Invalids and Social Affairs before January 15 and July 15 each year;

đ) Manage social assistance institutions and homes established by the province in accordance with the law on management of social assistance institutions.

Article 7. Effective Date

1. This Circular takes effect 45 days from the date of signature. The regimes and policies stipulated in this Circular shall be applied from July 1, 2021.

2. Joint Circular No. 29/2014/TTLT-BLDTBXH-BTC dated October 24, 2014, issued by the Ministry of Labor, Invalids and Social Affairs and the Ministry of Finance guiding the implementation of certain provisions of Decree No. 136/2013/NĐ-CP dated October 21, 2013, of the Government stipulating social assistance policies for beneficiaries of social aid; Joint Circular No. 06/2015/TTLT-BLDTBXH-BTC dated May 12, 2015, issued by the Ministry of Labor, Invalids and Social Affairs and the Ministry of Finance amending and supplementing Clause 2 and 4 of Article 11 of Joint Circular No. 29/2014/TTLT-BLDTBXH-BTC shall cease to be effective from the date this Circular takes effect.

3. In the course of implementation, if there are any difficulties, it is requested that ministries, sectors, and localities promptly report them to the Ministry of Labor, Invalids and Social Affairs for study and resolution./.