Decree No. 06/2011/NĐ-CP detailing and guiding the implementation of certain provisions of the Law on Elderly People

DECREE

Detailed regulations and guidance on implementing

on some provisions of the Law on Elderly People

THE GOVERNMENT

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

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

Considering the proposal of the Minister of Labor, Invalids and Social Affairs,

DECREE:

PART I
CUSTODY AND CARE FOR ELDERLY PEOPLE

Article 1. Conditions for individuals or organizations providing elderly care services

1. Individuals directly caring for elderly people must meet the following conditions:

a) Having full capacity for civil acts;

b) Having good moral character, not involved in social vices, and not being an object of criminal responsibility pursuit or having been convicted but not yet rehabilitated;

c) Having health and skills to care for elderly people.

2. Organizations providing elderly care services must comply with the provisions of Article 8 of this Decree.

Article 2. Elderly Care Service Contracts

1. The elderly care service contract between the person obligated and entitled to custody of elderly people and the individual or organization providing elderly care services must be documented in writing.

2. The elderly care service contract must ensure the principle of respecting and protecting the legitimate rights and interests of elderly people, and must have the consent of the elderly person or their guardian.

3. The elderly care service contract must include the following main contents:

a) The health condition and illnesses of the elderly person;

b) Care time, care location, care implementation method;

c) Service costs, payment methods;

d) Rights and obligations of the person obligated and entitled to custody;

đ) Rights and obligations of the individual or organization providing care services;

e) Other contents.

4. The signing, execution, amendment, supplementation, and termination of elderly care service contracts shall be agreed upon by the parties and in accordance with current laws.

Article 3. Cultural, Educational, Physical Exercise, Sports, Entertainment, and Tourism Activities

1. Ministries, ministerial-level agencies, government agencies, and levels of People's Committees within their respective duties and authorities shall be responsible for investing in building and renovating cultural, educational, physical exercise, sports, entertainment, and tourism facilities suitable to economic and social conditions to meet the spiritual needs and health training requirements of elderly people.

2. Organizations and individuals investing in building cultural, educational, physical exercise, sports, entertainment, and tourism facilities that meet the spiritual needs and health training requirements of elderly people shall enjoy policies stipulated in Government Decree No. 69/2008/NĐ-CP dated May 30, 2008 on encouraging socialization policies for activities in education, vocational training, healthcare, culture, sports, and environmental fields.

3. The Minister of Culture, Sports and Tourism shall be responsible for guiding the implementation, creating favorable conditions for elderly people to participate in learning, cultural activities, entertainment, tourism, health exercises, and appropriate physical exercise and sports activities according to their health and psychological conditions as prescribed in Clause 2, Article 14 of the Law on Elderly People.

Article 4. Public Works and Public Transportation

1. The construction and renovation of apartment buildings and public works must comply with construction technical standards and be suitable for the characteristics and usage needs of elderly people.

2. On public transportation vehicles, there must be instructions, priority seating for elderly people, and appropriate assistance tools or support based on the type of vehicle for elderly people. Participants in traffic have the responsibility to assist elderly people when necessary.

Article 5. Discount on ticket prices and service fees when using certain services

1. The elderly shall be entitled to a minimum discount of fifteen percent (15%) on ticket prices and service fees when traveling by passenger waterway vessels, passenger trains, or passenger aircraft.

2. The elderly shall be entitled to a minimum discount of twenty percent (20%) on ticket prices and service fees for visiting cultural, historical sites, museums, scenic spots; and exercising physical activities at sports facilities that sell tickets or charge service fees.

3. To be eligible for the discounts on ticket prices and service fees as stipulated in Clause 1 and Clause 2 of this Article, the elderly must present their identity card or other lawful documents proving their status as elderly individuals.

4. Agencies, organizations, and individuals providing services shall offer separate discounted tickets for the elderly.

5. Based on specific conditions, the Minister of relevant Ministries, Heads of central sectors and mass organizations; and the Chairman of the People's Committee of provinces and centrally-run cities (hereinafter referred to collectively as the provincial-level People's Committee) shall decide on the level of discounts on ticket prices and service fees within their jurisdiction as stipulated in Clause 1 and Clause 2 of this Article.

Article 6. Social Assistance Policies

1. The standard social allowance for determining the monthly social allowance and monthly care allowance for the elderly is 180,000 VND (coefficient 1.0).

2. The lowest monthly social allowance for the elderly as prescribed in Article 17 of the Law on Elderly People Living in Communities managed by the People's Committees of communes, wards, and towns is as follows:

a) 180,000 VND/person/month (coefficient 1.0) for elderly people aged 60 to 80 years old belonging to poor households without persons who have the obligation and right to support them, or with such persons but they are receiving monthly social allowances;

b) 270,000 VND/person/month (coefficient 1.5) for elderly people aged 80 years and above belonging to poor households without persons who have the obligation and right to support them, or with such persons but they are receiving monthly social allowances;

c) 180,000 VND/person/month (coefficient 1.0) for those aged 80 years and above not falling under the provisions of point a and b of Clause 2 of this Article and without monthly salaries, social insurance allowances, or monthly social allowances.

3. 360,000 VND/person/month (coefficient 2.0) for elderly people being cared for in social welfare institutions as prescribed in Clause 2 of Article 18 of the Law on Elderly People.

4. 360,000 VND/person/month (coefficient 2.0) for elderly people meeting the conditions for residing in social welfare institutions as prescribed in Article 19 of the Law on Elderly People but being cared for in the community.

5. The funeral expense support amount when elderly people die as prescribed in Articles 18 and 19 of the Law on Elderly People is 3,000,000 VND.

6. Based on specific local conditions, the Minister of relevant Ministries, Heads of central sectors and mass organizations where there are elderly care facilities; and the Chairman of the provincial-level People's Committee shall decide on the level of assistance and support for elderly people within their jurisdiction, which shall not be lower than the levels prescribed in Clause 2, Clause 3, Clause 4, and Clause 5 of this Article.

7. In cases where elderly people are entitled to different levels of monthly social allowances as prescribed in Clause 2, Clause 3, and Clause 4 of this Article, or different levels of funeral expense support, they shall only be entitled to the highest level.

8. The period during which elderly people are entitled to the allowance as prescribed in Clause 4 of this Article shall be calculated from the date recorded in the decision of the Chairman of the district-level People's Committee.

9. The Minister of Labor, Invalids, and Social Affairs shall prescribe procedures, formalities, and documentation for accepting elderly people into social welfare institutions; implementing monthly social allowances and supporting funeral expenses.

Article 7. Congratulating and celebrating longevity

1. The level of gift for congratulating and celebrating longevity shall be prescribed as follows:

a) The Minister of Finance shall prescribe the level of gift from the President of the Socialist Republic of Vietnam to persons aged 100 years old, the level of gift from the Chairman of the People's Committee at provincial level to persons aged 90 years old, and the content and level of expenditure for organizing celebrations of longevity as stipulated in Clause 3, Article 21 of the Law on Elderly Persons;

b) Based on specific conditions of the locality, the Chairman of the People's Committee at provincial level shall prescribe the level of gift for persons aged 70, 75, 80, 85, 95 years old, and over 100 years old.

2. Celebrations for elderly persons shall be organized solemnly, economically, and in accordance with cultural practices and customs of the locality.

3. The Minister of Culture, Sports and Tourism shall provide detailed regulations on organizing celebrations as stipulated in Clause 2 of this Article.

Chapter II
ELDERLY CARE FACILITIES

Article 8. Establishment, operation, and dissolution of elderly care facilities

1. Conditions, procedures for establishment, organization of activities, and dissolution of social welfare institutions as prescribed in Point a, Clause 2, Article 20 of the Law on Elderly Persons shall be implemented in accordance with Decree No. 68/2008/NĐ-CP dated May 30, 2008 of the Government prescribing conditions, procedures for establishment, organization, operation, and dissolution of social welfare institutions.

2. Conditions and procedures for establishment and dissolution of elderly care facilities as prescribed in Points b and c, Clause 2, Article 20 of the Law on Elderly Persons shall be governed by laws regulating such organizational forms.

3. Elderly care facilities as prescribed in Points b and c, Clause 2, Article 20 of the Law on Elderly Persons may only operate after obtaining a license for elderly care services.

Article 9. Conditions for issuing a license for elderly care services

An elderly care facility as prescribed in Clause 2 of this Decree shall be issued a license for elderly care services when it meets the following conditions:

1. Legally established in accordance with the provisions of the law;

2. The head of the facility must meet the conditions prescribed in Clause 1 of this Decree;

3. Have direct counseling and care staff for elderly persons meeting the conditions prescribed in Clause 1 of this Decree;

4. The elderly care facility must ensure conditions regarding the environment, physical infrastructure, care and nurturing standards as prescribed in Articles 10, 11, and 12 of Decree No. 68/2008/NĐ-CP dated May 30, 2008 of the Government prescribing conditions, procedures for establishment, organization, operation, and dissolution of social welfare institutions.

Article 10. License for elderly care services

1. The license for elderly care services shall contain the following main contents:

a) Name of the facility, address of the main office, telephone number, fax number;

b) Name and surname of the head of the entity;

c) Scope and content of services provided by the facility.

2. The elderly care facility may only operate within the scope and content of services recorded in the license for elderly care services.

3. When changing the name, address of the main office, head of the facility, scope, or content of services, the facility must go through the procedure to request adjustment of the license; in case of changes in organizational form, division, separation, merger, or consolidation, the facility must go through the procedure to request issuance of a new license.

4. When the license for elderly care services is lost or damaged, the facility will be reissued a new license.

Article 11. Competence to issue, suspend, and revoke licenses for elderly care services

1. The Department of Labor, Invalids, and Social Affairs shall issue licenses for elderly care services in the following cases:

a) Facilities under Ministries, ministerial-level agencies, government agencies, central agencies of political-social organizations, social organizations, and occupational social organizations with their main offices located in the locality;

b) Facilities established by foreign organizations or individuals with their main offices located in the locality;

c) Facilities established by provincial-level agencies or organizations.

2. The Labor, Invalids, and Social Affairs Office shall issue licenses for elderly care services for other facilities established by domestic organizations or individuals that do not fall within the cases stipulated in Clause 1 of this Article and have their main offices in the locality.

3. The competent authority issuing licenses for elderly care services is also the authority responsible for reissuing, amending, suspending, or revoking such licenses.

Article 12. Documents for Issuing Licenses for Elderly Care Services

1. The application documents for issuing licenses for elderly care services include:

a) A request for issuance of a license for elderly care services from the facility;

b) A copy of the decision on establishment or business registration certificate of the organization or individual establishing the facility;

c) Documents proving compliance with the conditions specified in Article 9 of this Decree.

2. The documents for amending or reissuing licenses for elderly care services include:

a) The document requesting adjustment or reissuance of the permit;

b) Documents proving loss or damage to the license for elderly care services;

c) Documents proving changes in name, main office address, head, scope, or service content.

Article 13. Procedures and Formalities for Issuing Licenses for Elderly Care Services

1. The procedures and formalities for issuing, reissuing, and amending licenses for elderly care services shall be carried out by the Department of Labor, Invalids, and Social Affairs as follows:

a) The elderly care facility prepares and submits the application dossier to the Department of Labor, Invalids, and Social Affairs;

b) Within fifteen working days from the date of receiving a complete and valid application dossier, the Department of Labor, Invalids, and Social Affairs shall be responsible for issuing, reissuing, or amending the license.

2. The procedures and formalities for issuing, reissuing, and amending licenses for elderly care services shall be carried out by the Labor, Invalids, and Social Affairs Office as follows:

a) The elderly care facility prepares and submits the application dossier to the Labor, Invalids, and Social Affairs Office;

b) Within ten working days from the date of receiving a complete and valid application dossier, the Labor, Invalids, and Social Affairs Office shall be responsible for issuing, reissuing, or amending the license.

3. In case the application dossier submitted by the facility for obtaining a license for elderly care services is incomplete or invalid, the licensing authority must notify the facility within three working days to complete the dossier.

4. If the facility applying for a license for elderly care services does not meet the conditions for obtaining a license, the licensing authority must notify the facility within five working days of the reasons why it does not meet the conditions for obtaining a license for elderly care services.

Article 14. Temporary Suspension and Revocation of Licenses for Elderly Care Services

1. An elderly care facility that fails to ensure the conditions prescribed in Article 9 of this Decree during its operation shall be temporarily suspended until it meets the operating conditions.

2. Licenses for elderly care services shall be revoked in the following cases:

a) The operating license was issued to the entity beyond the authority or contrary to the provisions of the law;

b) Twelve months after the issuance of the license for elderly care services but the facility has not operated;

c) The facility changes its purpose of operation;

d) After the suspension period expires, the entity still fails to meet the required conditions;

d) The facility violates administrative penalties three (03) times within twelve months;

e) The organization or individual establishing the facility is dissolved or bankrupted, and the facility does not meet the operational conditions prescribed by law.

3. The elderly care facility must be responsible for resolving the rights of the elderly when the facility is temporarily suspended or its license for elderly care services is revoked.

Article 15. Responsibility for Temporarily Suspending or Revoking Licenses for Elderly Care Services

1. When discovering any of the cases stipulated in Clause 2, Article 14 of this Decree, the Department of Labor, Invalids and Social Affairs or the Labor-Invalids and Social Affairs Office shall decide to revoke the license for elderly care services issued by itself.

2. In case it is found that the facility no longer meets the prescribed conditions, depending on the nature and extent, the Department of Labor, Invalids and Social Affairs or the Labor-Invalids and Social Affairs Office shall issue a decision to temporarily suspend part or all of the elderly care activities according to the license issued by itself.

Article 16. Preferential Policies for Investment in Establishing Elderly Care Facilities

Organizations and individuals contributing to the investment in establishing elderly care facilities shall enjoy preferential policies as provided for in Decree No. 69/2008/NĐ-CP dated May 30, 2008 of the Government on policies encouraging socialization in education, vocational training, healthcare, culture, sports, and environmental activities.

Chapter III
IMPLEMENTATION

Article 17. Funding Implementation

1. The funding for implementing social assistance policies; funds for surveys, statistics, information technology application, management of beneficiaries of social allowances, and operational costs for disbursing social assistance payments shall be implemented in accordance with Decree No. 13/2010/NĐ-CP dated February 27, 2010 of the Government amending and supplementing certain provisions of Decree No. 67/2007/NĐ-CP dated April 13, 2007 of the Government on policies assisting social welfare beneficiaries.

2. Funding for other contents not specified in Clause 1 of this Article shall be implemented in accordance with the Law on the Elderly and the State Budget Law.

Article 18. Responsibilities for implementation

1. Ministries, ministerial-level agencies, government-affiliated agencies, and provincial People's Committees shall organize the implementation of the provisions of this Decree in accordance with their assigned functions, tasks, and authorities.

2. The Ministry of Labor, Invalids and Social Affairs shall guide the organization of implementation, promote and disseminate policies; conduct surveys and statistics on the elderly; develop management software; promulgate monitoring indicators, forms, and implement social assistance policies for the elderly.

Chapter IV
IMPLEMENTING PROVISIONS

Article 19. Effective Date

This Decree takes effect from March 1, 2011, and replaces Decree No. 30/2002/NĐ-CP dated March 26, 2002 of the Government detailing and guiding the implementation of certain provisions of the Ordinance on the Elderly, Clause 3, Article 4, and other provisions concerning the elderly in Decree No. 67/2007/NĐ-CP dated April 13, 2007 of the Government on policies assisting social welfare beneficiaries.

Article 20. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies, Chairpersons of provincial People's Committees under the central city shall be responsible for implementing this Decree./.