Decree No. 07/2000/ND-CP on social relief policy

DECREE

On social assistance policies

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THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to the State Budget Law dated March 20, 1996;

Based on the Law on Typhoon and Flood Prevention dated March 8, 1993;

Based on the Law on Persons with Disabilities dated July 30, 1998;

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

DECREE:

Chapter I

GENERAL PROVISIONS

Article 1. This Decree stipulates certain social assistance policies and regimes aimed at providing material and spiritual support to elderly individuals living alone, orphaned children, severely disabled persons, those affected by natural disasters, and others who cannot overcome their difficulties due to force majeure (hereinafter referred to collectively as persons eligible for social assistance).

Article 2. The State encourages and creates conditions for political and social organizations, economic organizations, social organizations, domestic individuals, foreign organizations and individuals, and overseas Vietnamese to voluntarily assist persons eligible for social assistance.

Article 3. Social assistance mainly takes place within families and communities where persons eligible for social assistance reside. Support for long-term care in social welfare facilities applies only to individuals without family support or in particularly difficult circumstances.

Article 4. Organizations and individuals with adequate physical infrastructure and financial resources to provide long-term care for orphaned children, disabled persons, and elderly individuals living alone, at a minimum level as prescribed by law and consistent with national planning, without requiring state funding, are permitted to establish social welfare facilities.

The Ministry of Labor, Invalids, and Social Affairs shall submit to the Government for issuance of the "Regulations on the Establishment and Operation of Social Welfare Facilities".

Article 5. Provincial People's Committees and municipal people's committees under the central government shall base on the actual circumstances of persons eligible for social assistance and the local resource capacity to determine the level of social assistance benefits, but not lower than the level prescribed in Article 10 of this Decree.

Chapter II

REGIME OF REGULAR SOCIAL ASSISTANCE

Article 6. Persons eligible for regular social assistance managed by communes and wards include:

1. Orphaned children under 16 years old, both parents deceased or abandoned, deprived of means of support and without relatives to rely on; orphaned children whose remaining parent is missing according to Article 88 of the Civil Code or unable to provide care according to the law;

2. Elderly individuals living alone without support from age 60 and above. Elderly individuals with spouses but too frail, without children or relatives to rely on, and without income sources. In cases of women living alone without income sources, aged 55 and above, currently receiving social assistance benefits continue to receive them;

3. Severely disabled individuals without income sources and without support; severely disabled individuals with relatives but they are frail or the family is poor and unable to provide care;

4. Chronic mental patients suffering from schizophrenia, persistent mental disorders, treated multiple times by specialized mental health institutions but not improved, diagnosed as chronic, living alone without support or in extreme poverty.

Article 7. Persons eligible for social assistance as stipulated in Article 6 of this Decree, who are particularly difficult to live independently, may be considered for admission to social welfare facilities.

Article 8. Individuals in similar situations to those eligible for social assistance but still have support, with means of support, if their families voluntarily submit an application to admit them to social welfare facilities and obtain approval from competent authorities, then the families must bear all costs as prescribed.

The state budget does not provide funding for the subjects mentioned in this Article.

Article 9.

1. Children aged 13 and above in social welfare facilities who are no longer studying can be introduced to vocational training centers for vocational training according to current regulations of the State.

2. Matured children, disabled individuals who have recovered functions, and mentally ill individuals who have stabilized, currently residing in social welfare facilities, shall be returned to their home communities. Commune and ward people's committees and families are responsible for accepting them and creating conditions for them to find employment and integrate into the community.

Article 10.

1. The minimum level of regular social assistance benefit managed by communes and wards is 45,000 VND per person per month.

2. The minimum level of living allowance for care at state-managed social welfare facilities is 100,000 VND per person per month; for children under 18 months old who need additional milk, the allowance is 150,000 VND per person per month.

Article 11. In addition to the living allowance for care prescribed in Clause 2 of Article 10 of this Decree, individuals in state-managed social welfare facilities are entitled to the following additional allowances:

1. Allowance for purchasing personal items and daily necessities;

2. Allowance for purchasing common medicines;

3. Allowance for purchasing textbooks and school supplies for children attending general education or supplementary education;

4. Monthly hygiene allowance for female individuals of reproductive age;

5. Funeral allowance.

The Chairman of the People's Committee of provinces and centrally-administered cities decides on the appropriate level of allowance based on specific local conditions.

Article 12. Social welfare facilities may accept, utilize, and manage funds and materials contributed by organizations and individuals for charitable purposes, ensuring proper use, correct allocation, and compliance with current financial regulations.

Article 13. The funding for maintenance, operational expenses, and basic construction investment of social welfare facilities under the management of a certain level is guaranteed by the corresponding budget according to the current regulations of the State Budget Law.

Chapter III

REGIME OF EMERGENCY SOCIAL ASSISTANCE

Article 14. The subjects eligible for emergency social assistance (one-time) are individuals or households facing difficulties due to the consequences of natural disasters or other force majeure, including:

1. Households with deceased or missing members;

2. Households with collapsed, submerged, drifted, burned, or severely damaged houses;

3. Households losing production means and falling into famine;

4. Seriously injured individuals;

5. Individuals suffering from famine due to crop failure;

6. Individuals encountering accidents outside their residence areas resulting in serious injury or death, with families unable to care for or bury them;

7. Individuals begging while waiting to return to their residence area.

Article 15. The amount of emergency social assistance for each group of beneficiaries specified in Clauses 1, 2, 3, 4, 5, and 6 of Article 14 of this Decree shall be determined by the Chairman of the People's Committee of the province or centrally governed city based on the extent of damage and the ability to mobilize resources.

Individuals who are vagrants and beggars during the period they are gathered and awaiting transfer to their place of residence shall be provided with a daily allowance of VND 5,000 per person, but not exceeding fifteen days.

Article 16. The sources of funds for implementing emergency relief include:

1. The State budget adjusted annually; provincial, district, and commune self-balanced budgets;

2. Contributions from organizations and individuals both within and outside the country;

3. Foreign aid and direct support from international organizations to localities or through the Government and social organizations.

In cases where the above sources of funds are insufficient to implement emergency relief, the Chairman of the People's Committee of the province or centrally governed city shall report to the Prime Minister for consideration and decision.

Chapter IV

IMPLEMENTATION

Article 17. The Ministry of Labor, Invalids, and Social Affairs assists the Government in managing state affairs related to social relief work; takes the lead and coordinates with relevant ministries and agencies to guide the implementation of this Decree.

Article 18.

1. The Ministry of Finance is responsible for ensuring social relief funding according to current regulations and in compliance with the State Budget Law.

2. The Ministry of Health is responsible for guiding disease prevention, medical examination, and treatment for individuals eligible for social relief, and assessing the health status of mentally ill persons and disabled individuals.

3. The Ministry of Education and Training is responsible for guiding the organization of cultural education; exempting, reducing school fees, and other contributions for students who are eligible for social relief according to current regulations.

4. The Ministry of Agriculture and Rural Development is responsible for coordinating with the Ministry of Labor, Invalids, and Social Affairs to determine the extent of natural disaster consequences, crop failures, and food shortages to develop measures and guide the implementation of emergency social relief.

Article 19. Provincial and centrally-run city People's Committees shall be responsible for:

1. Managing individuals eligible for social relief and social welfare facilities under the locality;

2. Implementing social relief systems for each group of individuals eligible for social relief as stipulated in this Decree;

3. Directing the construction and management of social welfare facilities under the locality;

4. Directing the Department of Labor, Invalids, and Social Affairs, and relevant functional sectors to guide organizations and individuals in supporting individuals eligible for social relief;

5. Preparing annual budgets for regular social relief and emergency social relief in accordance with the State Budget Law and current guiding documents; guiding lower-level People's Committees, the Department of Labor, Invalids, and Social Affairs, and relevant functional sectors in developing and consolidating plans for regular social relief and emergency social relief budgets.

Chapter V

REWARD AND VIOLATION HANDLING

Article 20. Individuals who have made significant contributions to charitable activities for those eligible for social relief shall be considered for commendation and awards according to the State's commendation system.

Article 21. Those who violate the provisions of this Decree shall be subject to disciplinary action, administrative penalties, or criminal liability if material damage is caused, in accordance with the law.

Chapter VI

IMPLEMENTING PROVISIONS

Article 22. This Decree takes effect fifteen days from the date of signature.

All previous regulations contrary to this Decree are hereby abolished.

Article 23. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, and Chairmen of the People's Committees of provinces and centrally governed cities are responsible for enforcing this Decree.