Circular No. 16/2002/TT-BLDTBXH of the Ministry of Labor, Invalids and Social Affairs guiding the implementation of certain articles of Decree No. 30/2002/NĐ-CP dated March 26, 2002 of the Government stipulating and guiding the implementation of certain provisions of the Elderly People Ordinance.

CIRCULAR

of the Ministry of Labor, Invalids and Social Affairs guiding the implementation of certain provisions of Decree No. 30/2002/NĐ-CP dated March 26, 2002 of the Government stipulating and guiding the implementation of certain provisions of the Elderly People Ordinance.

Pursuant to Decree No. 30/2002/NĐ-CP dated March 26, 2002 of the Government stipulating and guiding the implementation of certain provisions of the Elderly People Ordinance, the Ministry of Labor, Invalids and Social Affairs guides the implementation of certain provisions of this Decree as follows:

I. APPLICABLE OBJECTS

Elderly people are Vietnamese citizens aged 60 years and over and elderly foreign nationals residing in Vietnam.

II. HEALTH CARE REGIME

Elderly people aged 100 years and over shall be provided with free health insurance cards with a value of VND 50,000/person/year or free medical examination and treatment according to the actual cost mechanism at healthcare facilities specified in Article 1 of Decision No. 139/2002/QĐ-TTg of the Prime Minister dated October 15, 2002 on medical examination and treatment for the poor.

III. SOCIAL ASSISTANCE REGIME

1. Elderly people who are alone, without support, and without income shall receive social assistance monthly at the community level with a minimum amount of VND 45,000/person/month or be cared for at social welfare institutions under state management with a minimum living allowance of VND 100,000/person/month. In addition, those cared for at such social welfare institutions shall also receive allowances for personal items, daily necessities, common medications, and funeral expenses upon death.

2. Elderly people aged 90 years and over who have no pension, no social assistance, and no income to ensure their livelihood shall be considered for social assistance monthly at the community level with a minimum amount of VND 45,000/person/month.

3. Elderly people aged 60 years and over who are severely disabled and unable to work and belong to the poor category shall be considered for social assistance monthly at the community level with a minimum amount of VND 45,000/person/month.

4. In cases where elderly people still have a spouse but are frail, without someone to support them, or have someone to support them but they are not capable of supporting them, and the family belongs to the poor household category, they shall be considered for social assistance monthly at the community level with a minimum amount of VND 45,000/person/month.

5. The procedures, process, and competent authorities for considering those entitled to social assistance shall be carried out in accordance with Circular No. 18/2000/TT-BLĐTBXH dated July 28, 2000 of the Ministry of Labor, Invalids and Social Affairs guiding the implementation of certain provisions of Decree No. 07/2000/NĐ-CP dated March 9, 2000 of the Government on social relief policies (hereinafter referred to as Circular No. 18/2000/TT-BLĐTBXH).

IV. OTHER PREFERENTIAL REGIMES

1. Elderly people are exempt from contributions to social activities such as: Disaster Prevention Fund; National Security and Defense Fund, Social Fund, Charity Fund pursuant to Decree No. 177/1999/NĐ-CP of the Government dated December 22, 1999 on the issuance of the Regulations on the Organization and Operation of Social Funds and Charity Funds and other contributions at the local level where elderly people reside, except in cases where elderly people voluntarily participate in contributions.

2. When using public bus services, trains, attending cultural and sports performances, and visiting scenic spots, elderly people shall be given priority seating.

3. The People's Committee of the commune shall assist elderly people with sports fields, equipment, and means to engage in physical exercise, health maintenance, culture, and recreation suitable to the psychology and capabilities of elderly people.

The People's Committee of the commune shall organize practical and appropriate celebrations for elderly people in accordance with local realities and customs.

4. When directly organizing income-generating activities and employment, elderly people shall be facilitated by the People's Committee of the commune to borrow funds with preferential interest rates according to state credit policies and tax exemptions in accordance with current laws.

V. IMPLEMENTATION

1. The People's Committee of the commune shall be responsible for hosting and coordinating with the United Front Steering Committee and the Association of Elderly People to develop annual plans to assist elderly people; compile lists of elderly people eligible for social assistance through the Review Board, and submit them to the People's Committee of the district for decision in accordance with the forms prescribed in Circular No. 18/2000/TT-BLĐTBXH dated July 28, 2000 of the Ministry of Labor, Invalids and Social Affairs.

2. The Department of Labor, Invalids and Social Affairs or the Social Organization Department at the district level; Social Welfare Institutions; the Department of Labor, Invalids and Social Affairs shall perform their responsibilities as prescribed in Circular No. 18/2000/TT-BLĐTBXH dated July 28, 2000 of the Ministry of Labor, Invalids and Social Affairs.

This Circular shall take effect fifteen days from the date of signature.

Any previous regulations contrary to this Circular are hereby abolished.

4. During the implementation period, if there are any difficulties, please promptly report to the Ministry of Labor, Invalids and Social Affairs for research, consideration, and resolution.