Joint Circular No. 22/LB-TT guiding the implementation of Decision No. 167/TTg dated April 8, 1994 of the Prime Minister on amending and supplementing certain welfare allowances for social assistance beneficiaries.

JOINT CIRCULAR

Guidelines for Implementing Decision 167/TTg dated April 8, 1994 of the Prime Minister on Amending and Supplementing Certain Subsidy Regimes for Social Welfare Recipients

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Pursuant to Article 4 of Decision 167/TTg dated April 8, 1994 of the Prime Minister "on amending and supplementing certain subsidy regimes for social welfare recipients," the Ministry of Labor - Invalids and Social Affairs and the Ministry of Finance hereby provide guidelines for implementation as follows:

I. ELIGIBILITY AND CONDITIONS FOR RECEIVING SUBSIDIES

1. Orphaned children: Children under 16 years old who have lost both parents and their source of support, and have no relatives to rely on.

Cases considered as orphaned children: Only one parent is deceased or missing, the surviving parent has abandoned the child, remarried and deserted the child, or the child is found abandoned without any relatives to rely on and without a source of support.

2. Elderly individuals living alone without support: Male individuals aged 60 and above, female individuals aged 55 and above, living alone or with a spouse but without children or relatives to care for them, and without any income to sustain themselves.

3. Disabled individuals: Individuals with disabilities affecting personal functions, unable to work due to a loss of working capacity of 81% or more, unable to support themselves, and without relatives to rely on.

In cases where there are relatives but they are elderly or the family is poor and unable to economically support them.

4. Mentally ill individuals: Individuals suffering from chronic mental illnesses such as schizophrenia, persistent mental disorders confirmed by health authorities at district level or higher.

5. Begging individuals: Those who have left their homes and places of origin, do not reside in a fixed location, do not earn a living through labor or profession, and beg for food to survive.

6. Prostitution: Individuals who engage in sexual activities with others for money.

7. Drug addicts: Individuals who frequently use drugs to the point of dependency, including heroin, cocaine, morphine, opium, marijuana, etc., experiencing intense cravings that are difficult to resist when not using drugs, leading to withdrawal symptoms.

II. SUBSIDY AMOUNTS

1. Regular subsidies:

The regular subsidy amount for social welfare recipients managed by communes and wards as specified in points 1, 2, and 3 of Part I above is 24,000 VND/person/month, equivalent to 12 kg of rice based on market prices, and applied according to different regions and localities. If 24,000 VND cannot purchase 12 kg of rice, the People's Committee of the province or city shall adjust the amount to ensure the purchase of 12 kg of rice.

2. Living expense subsidies:

- For mentally ill individuals concentrated in social centers: 96,000 VND/person/month.

- For begging individuals during collection and classification periods: 2,800 VND/person/day, not exceeding 7 days.

- For prostitution and drug addiction rehabilitation subjects residing in social centers, they will receive living expense subsidies for the first three months at 84,000 VND/person/month. From the fourth month to the sixth month, if they are capable of productive labor to support themselves, they may be supported with 50% of living expenses if necessary. From the seventh month onwards, they must be self-sufficient through productive labor. This living expense subsidy applies only to those whose families are unable to cover living expenses.

3. Medical and detoxification subsidies:

Prostitution and drug addiction rehabilitation subjects receiving treatment in social centers will be supported with medication costs at the following levels:

- For prostitution subjects: 80,000 VND/person for the entire treatment period.

- For drug addiction subjects: 250,000 VND/person for the entire treatment period.

If treated at commune or ward health facilities or at home, they will be eligible for medication cost support ranging from 50% to 100%, with the specific amount proposed by the Commune People's Committee and decided by the District People's Committee, but the total support for the entire treatment period shall not exceed 80,000 VND for prostitution subjects and 250,000 VND for drug addiction subjects.

4. Vocational training subsidies:

Prostitution and drug addiction rehabilitation subjects undergoing education, treatment, and detoxification in social centers, if they lack a profession and wish to learn a trade to secure employment but are financially unable to do so, can be referred to vocational training centers or job promotion centers for training and receive financial support for training costs, up to a maximum of 240,000 VND per person per course.

III. ISSUANCE AND SETTLEMENT OF FUNDS

a) The financial source:

The funds for the subjects mentioned in Articles 1, 2, 3, 4, and 5 of Part I of this Circular are covered by the local government budget. The Department of Labor - Invalids and Social Affairs shall base the number of each type of subject and the subsidy amounts for each type to prepare a budget plan to submit to the Department of Finance for approval by the Chairman of the Provincial People's Committee. In 1994, provinces facing budget difficulties (receiving additional funding from the central budget according to plans) will receive additional funding from the central government to implement the support measures, not exceeding the difference between the subsidy levels stipulated in Decision 167/TTg and the previous subsidy levels.

Specifically, for prostitution and drug addiction rehabilitation subjects, the funds are covered by Programs 05/CP and 06/CP as stipulated in Circular No. 58/TT-LB dated July 4, 1994 of the Ministry of Finance and the Ministry of Labor - Invalids and Social Affairs, and Circular No. 78/TT-LB dated September 11, 1993 of the Ministry of Finance and the Committee for Ethnic Minorities and Mountainous Areas.

b) Settlement of funds:

- Units receiving these funds must settle accounts quarterly and annually as prescribed.

Where the funds are provided from the local budget, they shall be reported for final settlement to the Local Department of Finance and Prices. At the end of each year, the Department of Labor, Invalids and Social Affairs and the Department of Finance shall compile this portion of the funds and report them to the Ministry of Labor, Invalids and Social Affairs and the Ministry of Finance for their information.

Where the funds are provided from the central budget, they shall be settled with the Ministry of Labor, Invalids and Social Affairs in accordance with Circular No. 58/TT-LB and Circular No. 78/TT-LB mentioned above.

IV. ORGANIZATION AND IMPLEMENTATION

1. The identification of social beneficiaries as set out in Sections 1, 2, 3, and 4 of Part I above shall be examined and listed by the People's Committee of communes and wards, which shall then report to the People's Committee of districts and counties for decision. The review and approval of allowances for social beneficiaries shall be conducted annually, with special cases being supplemented as necessary.

2. For sex workers and drug addicts

Sex workers and drug addicts shall be examined and identified, and lists compiled by the People's Committee of communes and wards (in collaboration with the police, health services, and women's organizations at the commune and ward levels).

The determination of beneficiaries eligible for living expenses allowance, medical treatment allowance, and vocational training allowance within centers and society shall be proposed by the Director of the Center and decided upon by the Director of the Department of Labor, Invalids and Social Affairs.

The provision of living expenses, medical treatment, detoxification, and vocational training for sex workers and drug addicts shall only be provided once per individual. However, in exceptional cases where further medical treatment and detoxification are required due to extreme financial hardship that the individual and their family cannot resolve, the Director of the Department of Labor, Invalids and Social Affairs may consider and decide on additional support, but not more than three times.

V. IMPLEMENTATION PROVISIONS

This Circular takes effect from May 1, 1994. All previous regulations contrary to this Circular are hereby abolished. Any difficulties encountered during implementation shall be reported by provinces to the Ministry of Labor, Invalids and Social Affairs and the Ministry of Finance for study and resolution.