Circular No. 09/2007/TT-BLDTBXH guiding certain provisions of Government Decree No. 67/2007/NĐ-CP dated April 13, 2007 on social assistance policies for beneficiaries.

CIRCULAR

GUIDELINES FOR CERTAIN PROVISIONS OF THE GOVERNMENT DECREE NO. 67/2007/ND-CP OF APRIL 13, 2007 ON SOCIAL ASSISTANCE POLICIES FOR SOCIAL AID RECIPIENTS

Decree No. 67/2007/ND-CP dated April 13, 2007 of the Government on social assistance policies for social aid recipients (hereinafter referred to as Decree No. 67/2007/ND-CP); after reaching consensus with the Ministry of Finance in Circular No. 7764/BTC-HCSN dated June 13, 2007, the Ministry of Agriculture and Rural Development in Circular No. 1468/BNN-PH dated May 29, 2007, the Ministry of Labour-Theses and Social Affairs guides the implementation of certain provisions of the Decree 67/2007/ND-CP as follows:

I. SUBJECTS

1. Social aid recipients under the monthly allowance scheme managed by communes, wards, and towns have been defined in Article 4 of Decree No. 67/2007/ND-CP, now further guided as follows:

a) Poor households as stipulated in Clause 1, Clause 2, Clause 4, Clause 5, Clause 6, and Clause 9 of Article 4 of Decree No. 67/2007/ND-CP are households recognized as poor by the People's Committee at the commune level according to the Prime Minister's regulations.

b) "Retirement pension" or "social insurance allowance" as provided for in Clause 3 of Article 4 of Decree No. 67/2007/ND-CP includes retirement pension as prescribed by laws on Social Insurance (including retirement pension as prescribed in Decree No. 121/2003/ND-CP dated October 21, 2003 of the Government); monthly allowance for work-related injury and occupational disease; monthly allowance for bereavement; monthly allowance for loss of working capacity; monthly allowance as prescribed in Decision No. 91/2000/QD-TTg dated August 4, 2000 of the Prime Minister; monthly allowance for rubber plantation workers who have retired; monthly allowance for village cadres who have retired and are receiving benefits as prescribed in Decision No. 130-CP dated June 20, 1975 of the Council of Ministers, Decision No. 111-HĐBT dated October 13, 1981 of the Council of Ministers, and Decree No. 09/1998/ND-CP dated January 23, 1998 of the Government.

c) "Severely disabled persons unable to work" as stipulated in Clause 4 of Article 4 of Decree No. 67/2007/ND-CP are persons aged 15 years and above who are disabled and have reduced functions and cannot directly engage in production or business activities, confirmed by district-level hospitals or recognized by the Commune-level Review Board.

"Severely disabled persons unable to self-care" as stipulated in Clause 4 of Article 4 of Decree No. 67/2007/ND-CP are persons who are unable to take care of themselves in daily life, confirmed by district-level hospitals or recognized by the Commune-level Review Board.

d) "Persons infected with HIV/AIDS" as stipulated in Clause 6 of Article 4 of Decree No. 67/2007/ND-CP are persons diagnosed as infected with HIV/AIDS by authorized health agencies (as prescribed in Decision No. 3052/2000/QD-BYT dated August 29, 2000 of the Minister of Health regarding the issuance of standards for laboratories permitted to confirm HIV-positive cases).

đ) "Single parents raising children" as stipulated in Clause 9 of Article 4 of Decree No. 67/2007/ND-CP are persons without a spouse; spouse deceased; spouse missing as prescribed in Article 78 of the Civil Code, currently raising their own biological or legally adopted children.

2. Social aid recipients eligible for consideration for admission to community-based social homesas stipulated in Articles 5 and 7 of Decree No. 67/2007/ND-CP include those mentioned in Clauses 1, 2, and 6 of Article 4 of Decree No. 67/2007/ND-CP who have particularly difficult circumstances and cannot support themselves, lacking conditions to live in families (including substitute families).

3. Social aid recipients eligible for consideration for admission to social welfare institutions include those mentioned in Clauses 1, 2, 4, 5, and 6 of Article 4 of Decree No. 67/2007/ND-CP who have particularly difficult circumstances and cannot support themselves, lacking conditions to live in families or community-based social homes.

4. Recipients of emergency assistance have been defined in Article 6 of Decree No. 67/2007/ND-CP, now further guided as follows:

a) "Seriously injured persons" as mentioned in Point b, Clause 1 of Article 6 of Decree No. 67/2007/ND-CP are persons who require urgent medical treatment or hospitalization.

b) "Households requiring urgent relocation" as mentioned in Point đ, Clause 1 of Article 6 of Decree No. 67/2007/ND-CP are households that need to urgently relocate their residences from old locations to new ones due to landslide risks or flash floods as decided by the People's Committee at the district level.

c) "Persons encountering misfortunes outside their residential areas" as mentioned in Point g, Clause 1 of Article 6 of Decree No. 67/2007/ND-CP are persons encountering misfortunes outside the communes, wards, or towns where they reside.

II. ASSISTANCE REGIMES

1. Regular Assistance Regime

a) Calculation of Monthly Social Allowance Levels

b) Minimum monthly social allowances for each group of social aid recipientsare detailed in the attached appendices (Appendix 1, Appendix 2, Appendix 3).

c)Based on economic and social development conditions and costs to ensure minimum living standards for social aid recipients in localities, the Chairperson of the People's Committee of provinces and centrally-administered cities; Ministers of Ministries, Heads of Central Agencies, and Mass Organizations (with social welfare institutions) shall determine specific levels of assistance and support for social aid recipients under their management in accordance with the provisions of Decree No. 67/2007/ND-CP of the Government, but not lower than the prescribed levels.

d) Some concrete examples

- Group of subjects: Children :

Example 1: Miss Nguyen Thi H, 5 years old, orphaned of both parents, living with her grandmother in Commune X. Miss H receives regular assistance for orphans over 18 months old, with a factor of 1.0 for calculating the allowance; Miss H's monthly social allowance is:

120,000 VND x 1.0 = 120,000 VND.

Example 2Nguyen Thi A, aged 5, severely disabled, orphaned, living with her uncle in commune X. Child A receives social assistance for orphans under both parents, severely disabled, over 18 months old, with a coefficient of 1.5 to calculate the level of assistance; the monthly social allowance for child A is:

120,000 VND x 1.5 = 180,000 VND.

Example 3Nguyen Thi T, aged 1, orphaned, living with her grandmother in commune X. Child T receives social assistance for orphans under both parents, under 18 months old, with a coefficient of 1.5 to calculate the level of assistance; the monthly social allowance for child T is:

120,000 VND x 1.5 = 180,000 VND.

Example 4Tran Van K, aged 1, infected with HIV/AIDS, orphaned, living with his grandmother in commune X. Child K receives social assistance for children infected with HIV/AIDS, orphaned, under 18 months old, with a coefficient of 2.0 to calculate the level of assistance; the monthly social allowance for child K is:

120,000 VND x 2.0 = 240,000 VND.

Group of beneficiaries is elderly individuals:

Example 1Le Thi H, aged 75, a lonely elderly person without support, belonging to a poor household in commune X. Ms. H receives social assistance for lonely elderly persons without support, from poor households, with a coefficient of 1.0 to calculate the level of assistance; the monthly social allowance for Ms. H is:

120,000 VND x 1.0 = 120,000 VND.

Example 2Vu Thi P, aged 74, blind in both eyes since birth, a lonely elderly person without support, severely disabled, belonging to a poor household in commune X. Ms. P receives social assistance for lonely elderly persons without support, severely disabled, from poor households, with a coefficient of 1.5 to calculate the level of assistance; the monthly social allowance for Ms. P is:

120,000 VND x 1.5 = 180,000 VND.

Group of beneficiaries is disabled individuals, mentally ill individuals, and those infected with HIV/AIDS:

Example 1Nguyen Van B, aged 40, residing in commune X, infected with HIV/AIDS (confirmed by the Preventive Health Center of City H), unable to work, belonging to a poor household. Mr. B receives social assistance for individuals infected with HIV/AIDS who are unable to work, from poor households, with a coefficient of 1.5 to calculate the level of assistance; the monthly social allowance for Mr. B is:

120,000 VND x 1.5 = 180,000 VND.

Example 2Nguyen Xuan N, aged 37, residing in commune X, belonging to a poor household, suffering from schizophrenia, treated multiple times at the Mental Health Department of Hospital Y but without improvement, concluded to be chronically mentally ill. Mr. N receives social assistance for chronically mentally ill individuals from poor households, with a coefficient of 1.5 to calculate the level of assistance; the monthly social allowance for Mr. N is:

120,000 VND x 1.5 = 180,000 VND.

Example 3Nguyen Thi H, aged 20, severely disabled, unable to perform personal hygiene tasks such as brushing teeth, washing face, eating meals independently; belonging to a poor household in commune X. Ms. H receives social assistance for severely disabled individuals who cannot take care of themselves, from poor households, with a coefficient of 2.0 to calculate the level of assistance; the monthly social allowance for Ms. H is:

120,000 VND x 2.0 = 240,000 VND.

-Group of beneficiaries is households

Example 1The household of Nguyen Van B, a poor household residing in commune X, has three children: Nguyen Thi P, Nguyen Van D, and Nguyen Van H, all severely disabled and unable to take care of themselves. The household of Mr. B receives two types of social allowances as follows:

Allowance for each childP, D, H according to the regime for severely disabled individuals who cannot take care of themselves, from poor households, with a coefficient of 2.0 to calculate the level of assistance for each child; the monthly allowance for each child = 120,000 VND x 2.0 = 240,000 VND.

Allowance for three children = 3 children x 240,000 VND = 720,000 VND.

Household allowance for a family with three severely disabled individuals who cannot take care of themselveswith a coefficient of 3.0 to calculate the level of assistance;

The monthly allowance = 120,000 VND x 3.0 = 360,000 VND.

Total allowances received by Mr. B's household per month are:

720,000 VND + 360,000 VND = 1,080,000 VND.

Example 2The household of Le Thi Q, a poor household residing in commune X, has two children: Nguyen Van V and Nguyen Thi B, both unable to eat, wash their faces, or change clothes independently. The household of Mrs. Q receives two types of social allowances as follows:

Allowance for each childV and B according to the regime for severely disabled individuals who cannot take care of themselves, from poor households, with a coefficient of 2.0 to calculate the level of assistance for each child; the monthly allowance for each child = 120,000 VND x 2.0 = 240,000 VND.

Allowance for two children = 2 children x 240,000 VND = 480,000 VND.

Household allowance for a family with two severely disabled individuals who cannot take care of themselves,with a coefficient of 2.0 to calculate the level of assistance; the monthly allowance = 120,000 VND x 2.0 = 240,000 VND.Total allowances received by Mrs. Q's household per month are:

480,000 VND + 240,000 VND = 720,000 VND.

Example 3Nguyen Thi H, aged 6, abandoned, currently being raised by Lai Thi Thanh Th in commune X. Ms. Th's household receives the following benefits: adopting abandoned children over 18 months old, with a coefficient of 2.0 to calculate the level of assistance; the monthly social allowance for Ms. Th's household is:

120,000 VND x 2.0 = 240,000 VND.

Example 4Pham Thanh B was born on July 1, 2007, infected with HIV/AIDS, orphaned, adopted by Tran Thi Minh H in commune X.

Ms. H receives the benefit of adopting orphans under 18 months old infected with HIV/AIDS, with a coefficient of 3.0 to calculate the level of assistance; the monthly social allowance for Ms. H is:

120,000 VND x 3.0 = 360,000 VND.

From January 1, 2009, when B turned 18 months old, Ms. H receives the benefit of adopting orphans over 18 months old infected with HIV/AIDS, with a coefficient of 2.5 to calculate the level of assistance; the monthly social allowance for Ms. H starting from January 2009 is:

120,000 VND x 2.5 = 300,000 VND.

2. Emergency Assistance

The minimum amount of emergency assistance for each group of beneficiaries as stipulated in Article 6 of Chapter II of Decree No. 67/2007/NĐ-CP is as follows:

a) For households:

- Death or disappearance of a member: 3,000,000 VND/person;

- Serious injury of a member: 1,000,000 VND/person;

- House collapse, submergence, fire, or severe damage: 5,000,000 VND/household;

- Household required to evacuate houses urgently due to landslide risk or flash floods: 5,000,000 VND/household.

b) For individuals:

- Emergency food aid: 15 kg of rice/person/month, for a period of 1 to 3 months.

- A person who encounters danger outside their residential area resulting in serious injury, with the family unaware to provide care: VND 1,000,000 per person;

- A beggar wandering during the period waiting to be returned to their residential area: VND 10,000 per person per day but not exceeding 30 days. In special cases requiring extension, the maximum duration for receiving assistance shall not exceed three months, and the level of assistance will be equivalent to the monthly maintenance allowance at a social welfare facility.

c) For a person who dies due to encountering danger outside their residential area, where the family is unaware to arrange for burial, the People's Committee of the commune, hospital, agency, organization, or individual responsible for arranging the burial shall be supported with a minimum funeral expense of VND 2,000,000 per person.

d) The Chairman of the Provincial People's Committee or the City People's Committee shall base on the local financial resources and the ability to mobilize community support to decide on appropriate levels of assistance for the subjects mentioned in points a, b, and c of Clause 2, Section II of this Circular, but such levels must not be lower than those specified above; simultaneously, they shall also decide on the level of assistance for households that have lost means of production and fallen into poverty as stipulated in point d of Clause 1 of Article 6 of Decree No. 67/2007/NĐ-CP.

III. DOCUMENTS AND PROCEDURES

1. Documents for Regular Allowance

a) Documents for individuals receiving social allowances in the community include:

- Application form of the subject or their family, relatives, guardian, with the endorsement of the Village Chief and the People's Committee of the commune where the subject resides (Form No. 1);- Brief curriculum vitae of the subject receiving the allowance, confirmed by the People's Committee of the commune;

- Official confirmation from a competent health authority regarding the disability status of disabled persons, mentally ill persons, and persons infected with HIV/AIDS;

- Minutes of the Commune Review Board (if applicable - Form No. 2);- Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land).- Decision on allowance receipt or adjustment of allowance amount (Form No. 3, Form No. 3a) issued by the Chairman of the District People's Committee or

- Decision on accepting the subject back to the community from a social welfare institution (Form No. 4);- Decision terminating the monthly allowance receipt issued by the Chairman of the District People's Committee.;

For cases of adopting orphaned or abandoned children, in addition to the aforementioned documents, there are:- Adoption application form of the adopter with the consent of the guardian or current caregiver, and if the child is nine years old or older, the child's consent must be included in the document (Form No. 1b); confirmation by the Village Chief and approval by the People's Committee of the commune where the child resides;- Copy of birth certificate; brief curriculum vitae of the child;- Brief curriculum vitae of the individual or household head adopting the child, confirmed by the People's Committee of the commune where they reside, accompanied by a certified copy of the identity card.b) Documents for individuals residing in social housing include: - Application form of the subject or their family, relatives, guardian, with the endorsement of the Village Chief and the People's Committee of the commune where the subject resides (Form No. 1c);- Brief curriculum vitae of the subject confirmed by the People's Committee of the commune;;

- Official confirmation from a competent health authority regarding HIV/AIDS infection;.

- Decision on acceptance into social housing or

Decision on accepting the subject from a social welfare institution into social housing (Form No. 2) issued by the Chairman of the District People's Committee;- Decision on transferring the subject who no longer meets the conditions out of social housing issued by the Chairman of the District People's Committee.c) Documents for individuals receiving care in a social welfare institution include:

(if applicable - Form No. 1c);

- Request letter from the district sent to the management agency of the social welfare institution;

- Decision on acceptance issued by the head of the management agency of the social welfare institution;

- Decision on transferring the subject who no longer meets the conditions out of the social welfare institution to their family or social housing issued by the Director of the social welfare institution (Form No. 5).- Brief curriculum vitae of the subject receiving the allowance, confirmed by the People's Committee of the commune;

d) Documents for requesting funeral expenses include:

- Application form or request letter from the agency, unit, organization, family, or individual responsible for organizing the funeral of a social welfare recipient who has passed away, confirmed by the People's Committee of the commune where the subject resided (if it is a family or individual) (Form No. 1a); copy of death certificate (if available);

- Decision on accepting the subject back to the community from a social welfare institution (Form No. 4);- Decision terminating the monthly allowance receipt issued by the Chairman of the District People's Committee.;

- Decision on providing funeral expenses issued by the Chairman of the District People's Committee (Form No. 6). 2. Procedures for Regular Allowance Receipt- Brief curriculum vitae of the subject confirmed by the People's Committee of the commune;a) To receive monthly social allowances, be accepted into social housing, be accepted into a social welfare institution, or receive funeral expenses, the subject or their family, relatives, or guardian must submit complete documents according to regulations to the People's Committee of the commune.

b) Within seven working days from the date of receiving the complete application documents, the People's Committee of the commune is responsible for reviewing the documents. If the criteria are met, the committee will publicly post the key information of the applicant's curriculum vitae and the proposed allowance benefits at the commune office and announce them through the commune's media channels (if available). After thirty days from the public posting, if there are no objections or complaints, the People's Committee of the commune will finalize the applicant's documents and send them to the Department of Internal Affairs - Labor, Invalids, and Social Affairs of the district for further review and resolution..

If the applicant does not meet the criteria, the People's Committee of the commune will inform the applicant. In case of objections, complaints, or accusations from the public, the People's Committee of the commune must investigate and establish a Review Board consisting of: the Chairman (or Deputy Chairman) as the Chairperson of the Board; a labor, invalids, and social affairs officer as the permanent member; a finance and accounting officer, a statistics officer, the Chairman of the Vietnam Fatherland Front, and representatives of some mass organizations as members.

- Decision on transferring the subject who no longer meets the conditions out of the social welfare institution to their family or social housing issued by the Director of the social welfare institution (Form No. 5).c) Within ten working days from the date of receiving the complete documents from the commune, the Department of Internal Affairs - Labor, Invalids, and Social Affairs of the district is responsible for reviewing and issuing decisions for each specific case or completing the documents and recommending the Department of Labor, Invalids, and Social Affairs to accept the subject into a social welfare institution managed by the department.;

d) Documents for requesting funeral expenses include:

- Minutes of the Commune Review Board (if applicable - Form No. 2);- Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land).- Decision on allowance receipt or adjustment of allowance amount (Form No. 3, Form No. 3a) issued by the Chairman of the District People's Committee or

- Decision on accepting the subject back to the community from a social welfare institution (Form No. 4);d) Procedures for adjusting the allowance level; terminating allowance receipt:;

- The proposal document from the district sent to the management agency of the social welfare facility;

- The decision to accept issued by the head of the management agency of the social welfare facility;

- The decision to remove individuals who no longer meet the conditions from the social welfare facility back to their family or public housing, issued by the Director of the social welfare facility (Form No. 5);;;

d) The application for financial support for funeral expenses includes:

- Application letter and proposal document of the organization, unit, entity, family, or individual organizing the funeral for the deceased beneficiary of social assistance, with confirmation from the People's Committee of the commune where the beneficiary resides (if it is a family or individual) (Form No. 1a);; a copy of the death certificate (if available);;

- Decision on financial support for funeral expenses issued by the Chairman of the People's Committee of the district (Form No. 6).Model number 6).

2. Procedures for receiving regular allowances

a) To be eligible for monthly social assistance, admission to public housing, admission to a social welfare facility, or financial support for funeral expenses, the beneficiary or their family, relatives, or guardian must submit complete application files according to regulations to the People's Committee of the commune.

b) Within seven working days from the date of receipt of the complete application file, the People's Committee of the commune is responsible for reviewing the application file. If the criteria are met, the committee will publicly post at the commune People's Committee office and announce through local mass media (if available) the key information of the beneficiary's profile and the content of the requested allowance. After thirty days from the date of public posting, if there are no objections or complaints, the People's Committee of the commune will finalize the application file according to regulations and send it to the Department of Civil Affairs - Labor, Invalids, and Social Affairs of the district for consideration and resolution.

In cases where the beneficiary does not meet the criteria, the People's Committee of the commune will notify the beneficiary. In cases of public objections, complaints, or accusations, the People's Committee of the commune must investigate and establish a Review Board, consisting of: the Chairman (or Deputy Chairman) of the People's Committee as the Chairperson of the Board; a labor, invalids, and social affairs officer as the permanent member; finance and accounting officers, statistics officers, the Chairman of the Vietnam Fatherland Front, and representatives of some organizations as members.

c) Within ten working days from the date of receipt of the complete application file sent by the commune, the Department of Civil Affairs - Labor, Invalids, and Social Affairs of the district is responsible for reviewing and proposing the Chairman of the People's Committee of the district to issue a decision for each specific case or to finalize the application file and propose the Department of Labor, Invalids, and Social Affairs to admit the beneficiary to a social welfare facility managed by the department.

d) Procedures for adjusting the level of allowance; terminating the allowance:

When there is a change in the age, circumstances, level of disability, or number of beneficiaries receiving assistance within a household, or when the beneficiary no longer meets the criteria for assistance, the People's Commune Committee shall send a document to the Civil Affairs Department - Labour, Invalids, and Social Affairs Office. Within ten working days from the date of receipt of the commune-level document, the Civil Affairs Department - Labour, Invalids, and Social Affairs Office shall be responsible for reviewing and proposing the Chairman of the People's District Committee to issue a Decision adjusting the level of assistance or terminating the receipt of assistance in accordance with the regulations.

3. Emergency Assistance Procedures and Documentation

a) The Village Head shall prepare a list of emergency assistance recipients according to the groups specified in Article 6 of Decree No. 67/2007/NĐ-CP, accompanied by minutes of the village meeting (if applicable), and submit it to the People's Commune Committee.

b) The Chairman of the People's Commune Committee shall convene an urgent meeting of the Review Board to unify the list of emergency assistance recipients and propose support from the district level. If the commune has emergency relief funds, the Chairman of the People's Commune Committee shall immediately decide on assistance for urgent cases..

c) After receiving support from the district, the commune shall organize assistance for the recipients and implement public disclosure in accordance with Circular No. 54/2006/TT-BTC dated June 19, 2006, issued by the Ministry of Finance, guiding the implementation of the regulation on public disclosure of direct budget support to individuals and residents.

d) Medical facilities providing immediate treatment and care to persons specified in Point g Clause 1 of Article 6 of Decree No. 67/2007/NĐ-CP shall submit a document to the Chairman of the People's District Committee requesting financial support in accordance with the regulations.

đ) The Chairman of the People's Commune Committee, the Director of the hospital, and the heads of agencies and units organizing burials for people who died outside their residential area (in cases where the family does not know about the burial) shall submit a document to the Chairman of the People's District Committee requesting funeral expenses in accordance with the regulations.

e) In cases where the district does not have sufficient funds for relief, the Chairman of the People's District Committee must submit a document to the Department of Labour - Invalids and Social Affairs to propose the Chairman of the Provincial People's Committee to consider and provide support.

IV. IMPLEMENTATION

1. Commune People's Committee

a) Managing social welfare beneficiaries in the locality, including regular and emergency beneficiaries, through ledgers or computer software; monitoring changes in the status of beneficiaries to promptly update or remove those who no longer meet the criteria.

b) Implementing monthly social assistance payments in a timely manner and in accordance with the provisions of this Circular.

c) Reporting annually to the district level before June 15 and December 15 on the number of social welfare beneficiaries and the implementation of regular and emergency assistance policies.(model number 7, 9);

d) Paying social assistance funds in accordance with current regulations.

đ) Managing the activities of social welfare houses and coordinating with other social welfare institutions in the locality.

e) For emergency assistance policies: Organizing timely relief for the correct beneficiaries and supporting them to quickly overcome disaster consequences, stabilize production, and daily life.

2. Social Welfare Institutions

a) Accepting and managing beneficiaries, organizing care to ensure material, cultural, and spiritual living standards for managed beneficiaries; organizing the return of beneficiaries who meet reintegration conditions back to their communities and families.

b) Mobilizing agencies, organizations, and individuals to assist social welfare beneficiaries, managing and using raised funds in accordance with current regulations to improve the material and spiritual lives of beneficiaries.

c) Coordinating activities with localities in the residence area and other localities where beneficiaries are being cared for in social welfare institutions regarding care, support, and reintegration of beneficiaries.

d) Preparing budgets and settling accounts in accordance with current regulations.

đ) Regularly and urgently reporting to the directly supervising agency on the activities of the social welfare institution.(model number 8).

3. People's District Committees

Directing the Civil Affairs Department - Labour, Invalids, and Social Affairs to take the lead and coordinate with relevant agencies and units to implement the following tasks:

a) Managing social welfare beneficiaries in the locality, including regular and emergency beneficiaries, through files, ledgers, or computer software; accepting and managing files of families and individuals caring for orphaned and abandoned children transferred by the province.

b) Guiding and supervising communes in identifying and managing beneficiaries; organizing the implementation of assistance policies in the locality.

c) Receiving and reviewing applications for social assistance from communes, compiling and proposing the Chairman of the People's District Committee to make decisions.

d) Preparing the budget for social assistance and submitting it to the People's District Committee for approval; settling accounts for regular and emergency assistance in accordance with current regulations.

đ) Compiling and regularly and urgently reporting to the Department of Labour - Invalids and Social Affairs and the People's Committee at the same level on the implementation of assistance policies for social welfare beneficiaries before June 30 and December 31 each year.(model number 8, 9);

e) Managing social welfare institutions established by the district.

4. People's Committees of Provinces and Cities under Central Administration.

Directing the Department of Labour - Invalids and Social Affairs to take the lead and coordinate with relevant departments and agencies to implement the following contents:

a) Based on specific local conditions, establishing assistance levels for social welfare beneficiaries and proposing the Chairman of the Provincial People's Committee to make decisions. b) Managing social welfare beneficiaries in the locality; transferring files of families and individuals caring for orphaned and abandoned children in accordance with Joint Circular No. 10/2004/TTLT-BLĐTBXH-BTC dated June 28, 2004, issued by the Ministry of Labour - Invalids and Social Affairs and the Ministry of Finance, guiding the implementation of Decision No. 38/2004/QĐ-TTg dated March 17, 2004, of the Prime Minister on financial assistance policies for families and individuals caring for orphaned and abandoned children.

c) Guiding and supervising districts in organizing management and implementing assistance policies for social welfare beneficiaries.

c) Guide and supervise the district in organizing the management and implementation of policies to assist beneficiaries of social welfare.

d) Prepare the budget and plan the allocation of social security funds for the district level and units within its jurisdiction to be submitted to the Provincial People's Council at the same level for decision; In cases where localities lack emergency relief funds, the Department of Labor, Invalids and Social Affairs shall take the lead and coordinate with the Department of Finance and the Department of Agriculture and Rural Development to compile and submit to the Provincial People's Committee for reporting to the Ministry of Labor, Invalids and Social Affairs and the Ministry of Finance for consolidation and submission to the Prime Minister for consideration and decision on support from the central government budget in accordance with point c, Clause 1, Article 19 of Decree No. 67/2007/NĐ-CP;

đ) Compile and report periodically before January 15 and July 15 each year, and report promptly on the implementation of social assistance policies for social welfare beneficiaries to the Ministry of Labor, Invalids and Social Affairs and the People's Committee at the same level;(model number 8, 9);

e) Manage social welfare institutions established by the provincial level.

V ||| IMPLEMENTATION PROVISIONS

1. This Circular takes effect fifteen days after its publication in the Official Gazette.

2. The implementation period for social allowances and assistance as prescribed in Decree No. 67/2007/NĐ-CP of the Government is as follows:

For beneficiaries receiving social allowances prior to January 1, 2007, the allowance amount as stipulated in Decree No. 67/2007/NĐ-CP will apply from January 1, 2007.

For beneficiaries whose allowance receipt decisions were made after January 1, 2007, the allowance period will commence from the date specified in the Decision.

3. Abolish previous regulations that conflict with this Circular.

This Circular replaces the following Circulars of the Ministry of Labor, Invalids and Social Affairs: Circular No. 18/2000/TT-BLĐTBXH dated July 28, 2000 guiding the implementation of certain provisions of Decree No. 07/2000/NĐ-CP dated March 9, 2000 of the Government on social relief policies; Circular No. 16/2004/TT-BLĐTBXH dated November 12, 2004 guiding the implementation of Decree No. 168/2004/NĐ-CP dated September 20, 2004 of the Government amending and supplementing certain provisions of Decree No. 07/2000/NĐ-CP dated March 9, 2000 of the Government on social relief policies; Circular No. 06/2004/TT-BLĐTBXH dated March 25, 2004 guiding procedures for receiving assistance under Decision No. 16/2004/QĐ-TTg dated February 5, 2004 of the Prime Minister regarding assistance for households with two or more members unable to care for themselves due to the consequences of Agent Orange used during the Vietnam War.

Any difficulties encountered during implementation should be promptly reported to the Ministry of Labor, Invalids and Social Affairs for study and resolution./.