Circular No. 17/2011/TT-BLDTBXH stipulates the files and procedures for implementing monthly social allowances, funeral cost support, and receiving elderly people into social welfare facilities.

CIRCULAR

Regulations on the dossier and procedures for implementing monthly social allowances and supporting funeral costs

and receiving elderly people into social welfare facilities

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Pursuant to Decree No. 186/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor - War Invalids and Social Affairs;

Pursuant to Decree No. 06/2011/NĐ-CP dated January 14, 2011 of the Government detailing and guiding the implementation of certain provisions of the Law on the Elderly;

The Ministry of Labor - Invalids and Social Affairs stipulates the dossier and procedures for implementing monthly social allowances and supporting funeral costs and receiving elderly people into social welfare facilities as follows:

Chapter 1.

Dossier and Procedures for Implementing Monthly Social Allowances and Supporting Funeral Costs

Article 1. Dossier for Implementing Monthly Social Allowances

1. Application form for information of elderly persons with confirmation from the People's Committee at the commune level according to Model No. 01 issued together with this Circular.

2. Copy of identity card or copy of household registration book.

3. Minutes of the Social Allowance Review Board at the commune level.

4. Copy of the Decision of the social welfare facility regarding the transfer of elderly persons back to their families or communal homes in cases where elderly persons living in social welfare facilities are transferred back to the local area.

Article 2. Procedures for Implementing Monthly Social Allowances

1. To be eligible for monthly social allowances, elderly persons or their families, relatives, or guardians must fully complete the Application Form for Information of Elderly Persons and provide a copy of their identity card or copy of their household registration book as prescribed in Clause 1 and Clause 2 of Article 1 of this Circular and submit it to the People's Committee at the commune, ward, or town level (hereinafter referred to as the commune level).

2. Within seven working days from the date of receipt of the Application Form for Information of Elderly Persons, the Social Allowance Review Board at the commune level shall organize a meeting to review the dossier of the elderly person, publicly post the results of the review at the office of the People's Committee at the commune level, and simultaneously announce the results through mass media within the commune. The posting period is three working days; if there are no objections or complaints, the Social Allowance Review Board at the commune level shall complete the dossier in accordance with regulations and submit a document to the Chairman of the People's Committee at the commune level for submission to the Department of Labor - Invalids and Social Affairs for consideration and resolution.

In cases of citizens' complaints or reports, within ten days, the Social Allowance Review Board at the commune level shall have the responsibility to verify, investigate, conclude specifically, and publicize before the people.

3. Within seven working days from the date of receipt of the full dossier submitted by the commune level, the Department of Labor - Invalids and Social Affairs shall have the responsibility to review and submit a proposal to the Chairman of the People's Committee at the district, city district, town, or provincial city level (hereinafter referred to as the district level) for a Decision on Monthly Social Allowances for Elderly Persons.

4. Within three working days from the date of receipt of the dossier submitted by the Department of Labor - Invalids and Social Affairs, the Chairman of the People's Committee at the district level shall have the responsibility to sign the Decision on Monthly Social Allowances for Elderly Persons.

Article 3. Procedures for Deciding Adjustments to the Level of Monthly Social Allowances

1. When elderly persons experience changes in circumstances leading to adjustments in the level of monthly allowances, the Social Allowance Review Board at the commune level shall have the responsibility to verify, investigate, conclude, and submit a document to the Chairman of the People's Committee at the commune level for submission to the Department of Labor - Invalids and Social Affairs for consideration and resolution.

2. Within seven working days from the date of receipt of the full dossier submitted by the commune level, the Department of Labor - Invalids and Social Affairs shall have the responsibility to review and submit a proposal to the Chairman of the People's Committee at the district level for a Decision on Adjusting the Level of Monthly Social Allowances for Elderly Persons.

3. Within three working days from the date of receipt of the dossier submitted by the Department of Labor - Invalids and Social Affairs, the Chairman of the People's Committee at the district level shall have the responsibility to sign the Decision on Adjusting the Level of Monthly Social Allowances for Elderly Persons.

Article 4. Procedure for Deciding to Cease Monthly Social Allowance

1. The Chairman of the People's Committee at the district level decides to cease monthly social allowance when the elderly person dies or no longer meets the conditions for receiving monthly social allowance as stipulated in the Law on the Elderly.

2. The procedure for deciding to cease monthly social allowance in cases where the elderly person receiving monthly social allowance dies shall be implemented in accordance with the provisions of Article 8 of this Circular.

3. The procedure for deciding to cease monthly social allowance in cases where the elderly person no longer meets the conditions for receiving monthly social allowance shall be carried out as follows:

a) On a monthly basis, the Social Allowance Review Council at the commune level has the responsibility to review the list of elderly persons receiving allowances, and if there are cases where they no longer meet the conditions for receiving monthly social allowance, they must verify, examine, conclude, and submit a document to the Chairman of the People's Committee at the commune level for consideration and decision to the Department of Labor, Invalids, and Social Affairs.

b) Within seven working days from the date of receipt of the proposal document from the commune level, the Department of Labor, Invalids, and Social Affairs has the responsibility to review, and submit to the Chairman of the People's Committee at the district level a Decision to Cease Monthly Social Allowance for the elderly person.

c) Within three working days from the date of receipt of the file submitted by the Department of Labor, Invalids, and Social Affairs, the Chairman of the People's Committee at the district level has the responsibility to sign the Decision to Cease Monthly Social Allowance for the elderly person.

4. The cessation of monthly social allowance for the elderly person starts from the month following the month in which the Chairman of the People's Committee at the district level signs the Decision to Cease Monthly Social Allowance.

Article 5. Procedure for Receiving Monthly Social Allowance When the Elderly Person Changes Place of Residence

1. When an elderly person receiving monthly social allowance moves from one commune, ward, town to another within the same district, the Department of Labor, Invalids, and Social Affairs shall submit to the Chairman of the People's Committee at the district level a Decision to Pay Monthly Social Allowance from the old place of residence to the new place of residence.

2. When an elderly person receiving monthly social allowance moves from a district, town, city under province to another district, town, city under the same province or centrally governed city, it shall be carried out as follows:

a) The Department of Labor, Invalids, and Social Affairs has the responsibility to submit to the Chairman of the People's Committee at the district level where the elderly person is currently receiving monthly social allowance a Decision to Cease Monthly Social Allowance and provide an introduction letter along with the file for the elderly person to proceed with the procedures to receive monthly social allowance at the new place of residence;

b) Within ten working days from the date of receipt of the introduction letter and the file for monthly social allowance of the elderly person, the Department of Labor, Invalids, and Social Affairs at the new place of residence of the elderly person shall accept and review the file, and submit to the Chairman of the People's Committee at the district level a Decision to Provide Monthly Social Allowance for the elderly person according to the local standards.

3. In cases where an elderly person receiving monthly social allowance moves from a centrally governed city to another centrally governed city, the procedures shall be carried out in accordance with the provisions of Clause 2 of this Article.

4. The time for receiving monthly social allowance at the new place of residence starts from the month following the month recorded in the Decision to Cease Monthly Social Allowance of the Chairman of the People's Committee at the old place of residence of the elderly person.

Article 6. Documents and procedures for monthly social assistance for elderly persons meeting the conditions to reside in social welfare facilities but being cared for in the community.

1. The dossier shall include:

a) Documents and papers as prescribed in Article 1 of this Circular;

b) Application from the caregiver of the elderly person with the consent of the elderly person or the guardian of the elderly person and confirmation by the People's Committee of the commune that the caregiver meets the conditions to care for the elderly person as prescribed in Article 7 of this Circular according to Model No. 02 issued together with this Circular;

c) Brief curriculum vitae of the caregiver confirmed by the People's Committee of the commune.

2. Procedures for implementing monthly social assistance for cases where elderly persons meeting the conditions to reside in social welfare facilities but being cared for in the community as prescribed in Article 2 of this Circular.

3. Procedures for deciding to cease monthly social assistance for elderly persons meeting the conditions to reside in social welfare facilities but being cared for as prescribed in Article 4 of this Circular.

Article 7. Conditions for caregivers of elderly persons in the community

Caregivers of elderly persons meeting the conditions to reside in social welfare facilities must meet the following conditions:

1. Having full capacity for civil acts;

2. Having good moral character, not involved in social vices, and not being a subject of criminal responsibility pursuit or having been convicted and not yet rehabilitated;

3. Having health and skills to care for elderly persons;

4. Having stable accommodation;

5. Not belonging to poor households.

Article 8. Documents and procedures for supporting funeral expenses for elderly persons receiving monthly social assistance.

1. The application for supporting funeral expenses includes:

a) Application from the family, individual, or document requesting support for funeral expenses of the organization carrying out the funeral of the deceased elderly person;

b) Copy of the death certificate;

2. Procedures for implementing support for funeral expenses:

a) The family, individual, or organization carrying out the funeral of the elderly person shall prepare the documents as prescribed in Clause 1 of this Article and submit them to the People's Committee of the commune;

b) Within two working days from the date of receipt of all required documents as prescribed in Clause 1 of this Article, the People's Committee of the commune shall be responsible for reviewing and sending a document to the Department of Labor, Invalids, and Social Affairs for examination and resolution;

c) Within three working days from the date of receipt of the documents sent by the commune, the Department of Labor, Invalids, and Social Affairs shall be responsible for verification and submitting a proposal to the Chairman of the People's Committee of the district to decide on ceasing monthly social assistance and providing support for funeral expenses for the elderly person;

d) Within two working days from the date of receipt of the documents submitted by the Department of Labor, Invalids, and Social Affairs, the Chairman of the People's Committee of the district shall be responsible for signing the decision to cease monthly social assistance and provide support for funeral expenses for the elderly person.

Chapter 2.

DOCUMENTS AND PROCEDURES FOR RECEIVING ELDERLY PERSONS INTO SOCIAL WELFARE FACILITIES FOR CARE AND SUPPORT

Article 9. Documents and procedures for receiving elderly persons into social welfare facilities for care and support

1. Documents and procedures for cases of receiving elderly persons into social welfare facilities for care and support under service contracts for elderly care shall be implemented in accordance with Articles 27 and 28 of Decree No. 68/2008/ND-CP dated May 30, 2008 of the Government on regulations on conditions, procedures for establishment, organization, operation, and dissolution of social welfare facilities.

2. Documents and procedures for cases of elderly persons eligible for care and support in social welfare facilities as prescribed in Clause 2 of Article 18 of the Law on Elderly Persons shall be implemented in accordance with Articles 10, 11, and 12 of this Circular.

Article 10. Documents for receiving elderly persons into social welfare facilities for care

1. Application from the elderly person or their family, relatives, or guardian.

2. Curriculum vitae of the elderly person with confirmation from the People's Committee at the commune level.

3. Conclusion report of the Social Allowance Review Board at the commune level.

4. Proposal letter from the Chairman of the People's Committee at the commune level.

5. Decision of the Chairman of the People's Committee at the district level regarding cases of receiving into social welfare facilities under district management.

6. Proposal letter from the Chairman of the People's Committee at the district level sent to the Department of Labor, Invalids, and Social Affairs for cases proposing to receive into social welfare facilities under provincial management.

7. Reception decision of the Director of the Department of Labor, Invalids, and Social Affairs regarding cases of receiving into social welfare facilities under provincial management.

8. Other relevant documents (if any).

Article 11. Procedures for receiving into social welfare facilities for care

1. To be received into a social welfare facility, the elderly person or their family, relatives, or guardian must submit an application and curriculum vitae of the elderly person according to Clause 1 and Clause 2 of Article 10 of this Circular to the People's Committee at the commune level.

2. Within seven working days from the date of receipt of the application and curriculum vitae of the elderly person, the Social Allowance Review Board at the commune level shall convene a meeting to review the elderly person's file, publicly post the review results at the People's Committee office at the commune level, and simultaneously announce on local mass media. The posting period is three working days; if there are no objections or complaints, the Review Board shall complete the file according to regulations and submit a proposal letter to the Chairman of the People's Committee at the commune level for the Labor, Invalids, and Social Affairs Office to consider and resolve.

In case of citizen complaints or accusations, within ten days, the Social Allowance Review Board at the commune level shall conduct verification, examination, issue specific conclusions, and publicly disclose them before the people.

3. Within seven working days from the date of receipt of the full file sent by the commune level, the Labor, Invalids, and Social Affairs Office shall be responsible for reviewing and submitting a decision to the Chairman of the People's Committee at the district level to receive the elderly person into a social welfare facility under district management, or a proposal letter to the Director of the Department of Labor, Invalids, and Social Affairs to receive into a social welfare facility under provincial management.

If the conditions for receiving into a social welfare facility are not met, the Labor, Invalids, and Social Affairs Office must respond in writing stating the reasons for not receiving into a social welfare facility.

4. Within three working days from the date of receipt of the full file submitted by the Labor, Invalids, and Social Affairs Office, the Chairman of the People's Committee at the district level shall be responsible for signing the reception decision for cases of receiving into a social welfare facility under district management, or signing a proposal letter to the Director of the Department of Labor, Invalids, and Social Affairs to receive into a social welfare facility under provincial management.

5. Within seven working days from the date of receipt of the proposal from the district level, the Director of the Department of Labor, Invalids, and Social Affairs shall examine and decide to receive into a social welfare facility; if not receiving into a social welfare facility, a written response must be provided clearly stating the reasons.

Article 12. Repatriating elderly persons from social welfare facilities to live with families and communities

1. Elderly persons residing in social welfare facilities who meet one of the following conditions shall be repatriated to live with families and communities:

a) The elderly person voluntarily requests to live in the community;

b) There is someone to care for and support them in the community;

c) They do not meet the conditions for care and support within the social welfare facility as prescribed.

2. The authority to decide on the repatriation of elderly persons from social welfare facilities shall be implemented in accordance with the provisions of Article 24 of Decree No. 68/2008/NĐ-CP dated May 30, 2008 of the Government on the conditions, procedures for establishment, organization, operation, and dissolution of social welfare facilities.

Chapter 3.

IMPLEMENTATION

Article 13. Funding for implementing social welfare policies

Funding for implementing social welfare policies for elderly persons shall be carried out in accordance with the provisions of Circular Joint No. 24/2010/TTLT-BLDTBXH-BTC dated August 18, 2010 guiding the implementation of Decree No. 67/2007/NĐ-CP dated April 13, 2007 of the Government on assistance policies for social welfare beneficiaries and Decree No. 13/2010/NĐ-CP dated February 27, 2010 of the Government amending and supplementing certain articles of Decree No. 67/2007/NĐ-CP dated April 13, 2007 of the Government on assistance policies for social welfare beneficiaries.

Article 14. Responsibilities of Authorities

1. The Commune People's Committee has the responsibility:

a) Managing elderly persons in the locality through ledgers or computer software; monitoring changes in the number of elderly persons in the locality to promptly update or remove cases where elderly persons no longer meet the conditions for social welfare benefits;

c) Timely payment of monthly social allowances to the correct recipients and settlement according to regulations;

d) Updating the list of elderly persons eligible for monthly social allowances (if there are changes, adding new recipients or reducing due to death or no longer meeting eligibility criteria) and submitting it to the Department of Labor, Invalids, and Social Affairs for the Chairman of the People's Committee at the district level to issue decisions on allowances and discontinuation of allowances;

đ) Regularly reporting on the implementation of policies for elderly persons to the Department of Labor, Invalids, and Social Affairs and attaching the Statistical Table on the Implementation of Policies for Elderly Persons according to Model No. 03 issued together with this Circular;

2. The Department of Labor, Invalids, and Social Affairs shall be responsible for leading and coordinating with relevant agencies and units to implement the following tasks:

a) Managing elderly persons in the locality through files, ledgers, or computer software;

b) Guiding, inspecting, and supervising communes in identifying and managing elderly persons; organizing the implementation of social welfare policies in the locality;

c) Receiving and reviewing applications for monthly social allowances from communes, compiling and submitting to the Chairman of the People's Committee at the district level for decision;

d) Preparing budget estimates for social allowances and assistance, submitting to the People's Committee at the district level and settling accounts according to current regulations;

đ) Regularly reporting on the implementation of policies for elderly persons to the Department of Labor, Invalids, and Social Affairs before June 25 and December 25 each year and attaching the Statistical Table on the Implementation of Policies for Elderly Persons according to Model No. 03 issued together with this Circular;

3. The Department of Labor, Invalids, and Social Affairs shall be responsible for leading and coordinating with relevant departments and agencies to implement the following tasks:

a) Based on specific local conditions, establishing levels of social allowances and assistance for elderly persons and submitting to the Chairman of the People's Committee at the provincial level for decision;

b) Managing elderly persons in the locality;

c) Guiding and inspecting, supervising districts in organizing management and implementation of policies for elderly persons;

d) Preparing budgets and planning allocation of social security funds for districts and units in the locality, submitting to the People's Committee at the provincial level for submission to the People's Council at the same level for decision;

đ) Regularly reporting on the implementation of policies for elderly persons to the Ministry of Labor, Invalids, and Social Affairs before June 30 and December 31 each year and attaching the Statistical Table on the Implementation of Policies for Elderly Persons according to Model No. 03 issued together with this Circular;

Article 15. Effective Date

1. This Circular takes effect from July 15, 2011.

2. The period for enjoying monthly social allowances for elderly persons aged 80 and above as stipulated in Clause 2, Article 17 of the Law on Elderly Persons is as follows:

a) In cases where individuals turn 80 years old on or before January 1, 2011, they will enjoy monthly social allowances from January 1, 2011;

b) Cases not covered under point a, Clause 2 of this Article, will enjoy monthly social allowances from the date they turn 80 years old;

3. Circular No. 36/2005/TT-BLDTBXH dated December 26, 2005 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 and Decree No. 120/2003/NĐ-CP dated October 20, 2003 of the Government on the implementation of certain articles of the Ordinance on Elderly Persons ceases to be effective from the date this Circular takes effect.

4. Provisions regarding the file and procedures for implementing social welfare policies for elderly persons in Circular Joint No. 24/2010/TTLT-BLDTBXH-BTC dated August 18, 2010 of the Joint Ministries of Labor, Invalids, and Social Affairs and Finance guiding the implementation of certain articles of Decree No. 67/2007/NĐ-CP dated April 13, 2007 of the Government on assistance policies for social welfare beneficiaries and Decree No. 13/2010/NĐ-CP dated February 27, 2010 of the Government amending and supplementing certain articles of Decree No. 67/2007/NĐ-CP dated April 13, 2007 of the Government on assistance policies for social welfare beneficiaries cease to be effective from the date this Circular takes effect.

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