Decree No. 13/2010/ND-CP Amending and Supplementing Certain Provisions of Decree No. 67/2007/ND-CP dated April 13, 2007 of the Government on Social Assistance Policies for Recipients of Social Welfare.

DECREE

Regarding amendments and supplements to some articles of Decree No. 67/2007/NĐ-CP dated April 13, 2007 of the Government on policies to assist social welfare beneficiaries

On the basis of the Ordinance on Persons with Disabilities dated July 30, 1998;

________________

THE GOVERNMENT

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

Pursuant to the Law on State Budget dated December 16, 2002;

Pursuant to the Law on Protection, Care, and Education of Children dated June 15, 2004;

Pursuant to the Law on Prevention and Control of HIV/AIDS dated June 29, 2006;

On the basis of the Ordinance on the Elderly dated April 28, 2000;

On the basis of the Ordinance amending and supplementing some articles of the Ordinance on Flood and Storm Prevention and Control dated August 24, 2000;

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

Amending and supplementing some articles of Decree No. 67/2007/NĐ-CP dated April 13, 2007 of the Government on policies to assist social welfare beneficiaries (hereinafter referred to as Decree No. 67/2007/NĐ-CP) as follows:

DECREE:

Article 1. 1. Clause 4 of Article 4 shall be amended as follows:

"4. Severely disabled persons who are unable to work or unable to take care of themselves."

2. Clause 5 of Article 4 shall be amended as follows:

"5. Persons suffering from mental illness such as schizophrenia and other mental disorders that have been treated multiple times by specialized mental health agencies but have not improved."

3. Clause 8 of Article 4 shall be amended as follows:

"8. Households with two or more severely disabled persons who are unable to take care of themselves as stipulated in Clause 4 of Article 4 of Decree No. 67/2007/NĐ-CP, amended pursuant to Clause 1 of Article 1 of this Decree, and persons with mental illness as stipulated in Clause 5 of Article 4 of Decree No. 67/2007/NĐ-CP, amended pursuant to Clause 2 of Article 1 of this Decree."

4. Article 7 shall be amended as follows:

"Article 7.

1. The standard for determining the monthly social assistance allowance is set at VND 180,000 (coefficient 1); when the minimum living standard of the population changes, the standard for social assistance allowances will also be adjusted accordingly.

2. The lowest monthly social assistance allowances for each group of social welfare beneficiaries as prescribed in Decree No. 67/2007/NĐ-CP and this Decree are as follows:

a) The lowest monthly social assistance allowance for social welfare beneficiaries living in the community under the management of communes, wards, and towns:

Unit: thousand VND

Allowance

Persons specified in Clauses 1, 2, and 6 of Article 4 of Decree No. 67/2007/NĐ-CP.

Allowance

Under 18 months old; from 18 months old and above with disabilities or infected with HIV/AIDS.

Allowance

5. Article 8 shall be amended as follows:

"Article 8.

Social welfare beneficiaries shall be issued health insurance cards in accordance with the Law on Health Insurance and guiding documents, including:

1. Beneficiaries specified in Clauses 4 and 5 of Article 4 of Decree No. 67/2007/NĐ-CP, amended pursuant to Clauses 1 and 2 of Article 1 of this Decree.

2. Beneficiaries specified in Clauses 1, 2, 3, and 6 of Article 4 of Decree No. 67/2007/NĐ-CP; orphaned children, abandoned children fostered by families or individuals as specified in Clause 7 of Article 4 of Decree No. 67/2007/NĐ-CP, and children of single parents as specified in Clause 9 of Article 4 of Decree No. 67/2007/NĐ-CP.”

6. Clause 2 of Article 10 shall be amended as follows:

Clause 2 of Article 10 is amended as follows:

"2. When deceased, funeral expenses support at the level of VND 3,000,000 shall be provided. In cases where the subject is eligible for different levels of funeral expense support, only the highest level of funeral expense support shall be provided."

7. Point b Clause 3 Article 10 shall be amended as follows:

“b) Subsidy for purchasing ordinary medicine; specifically, persons infected with HIV/AIDS shall be supported for opportunistic infection treatment at VND 250,000/person/year;"

8. Article 12 shall be amended as follows:

"Article 12.

The lowest emergency assistance subsidy level for the subjects specified in Article 6 of Decree No. 67/2007/NĐ-CP is as follows:

1. For households:

a) In case of death or disappearance of a member: VND 4,500,000/person;

b) In case of serious injury to a member: VND 1,500,000/person;

c) In case of house collapse, submersion, fire, or severe damage: VND 6,000,000/household;

d) Households that need urgent relocation due to landslide risk or flash floods: VND 6,000,000/household;

đ) Households specified in points c and d of Clause 1 of this Article residing in difficult areas listed in the directory of administrative units in difficult regions as prescribed by the Prime Minister shall receive a support amount of VND 7,000,000/household.

2. Individuals:

a) Emergency food aid: 15 kg of rice/person/month for a period of 1 to 3 months;

b) Persons who suffer serious injuries outside their residential area and whose families are unaware to care for them: VND 1,500,000/person;

c) Homeless persons seeking alms during the period they are gathered and awaiting return to their place of residence: VND 15,000/person/day but not exceeding 30 days. In special cases requiring extension, the maximum duration for receiving subsidies shall not exceed 90 days and the subsidy amount shall be equivalent to the monthly maintenance allowance at social welfare facilities.

3. In cases where individuals suffer fatal accidents outside their residential area and their families are unaware to arrange funerals, if the People's Committee at the commune level, hospitals, or organizations arrange for funerals, these entities shall receive the lowest level of funeral expense support equal to VND 3,000,000/person."

9. Article 15 shall be amended as follows:

"Article 15.

The financial resources for regular social assistance at the community level; funds for maintenance, operational costs, basic construction investment of social welfare facilities and community homes; funds for policy dissemination, statistics, information technology application, management of beneficiaries, and social allowance payment activities belong to which level shall be guaranteed by the budget of that level according to the State Budget Law and guiding documents."

10. Point a Clause 1 Article 19 shall be amended as follows:

"a) To take the lead in guiding the implementation of this Decree; disseminating policies; organizing surveys and statistics; developing software for beneficiary management; issuing monitoring and supervision indicators, sample forms for implementing social allowances;"

11. Clause 5 Article 19 shall be amended as follows:

"5. The Ministry of Finance shall be responsible for guiding the allocation of social assistance funds, policy dissemination funds, survey and statistical funds, information technology application funds, management of beneficiaries, and social allowance payment activity funds for ministries, sectors, and localities according to the state budget classification and coordinate with the Ministry of Labor, Invalids, and Social Affairs to inspect the allocation and use of funds for social welfare policies."

12. Clause 2 Article 20 shall be amended as follows:

"2. Implementing the social assistance system for the subjects specified in this Decree; in localities with appropriate conditions, piloting the payment of social allowances through service-providing agencies."

13. Clause 3 Article 20 shall be amended as follows:

"3. Directing the labor, invalids, and social affairs agency and relevant departments at the local level to guide organizations and individuals in supporting social welfare beneficiaries. Ensuring funding for the Department of Labor, Invalids, and Social Affairs and localities to implement social assistance policies, policy dissemination, survey and statistical funds, information technology application, management of beneficiaries, and social allowance payment activity funds."

Article 2. Effectiveness

1. This Decree takes effect from April 13, 2010.

2. Subjects currently benefiting from social assistance policies under Decree No. 67/2007/NĐ-CP shall switch to the social allowance policies stipulated in this Decree from January 1, 2010.

3. New subjects eligible for social assistance policies shall benefit from the date recorded in the decision of the Chairman of the People's Committee of districts, towns, cities, and provincial-level municipalities.

Article 3. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.