Ordinance No. 23/2000/PL-UBTVQH10 on the Elderly

ORDINANCE

NUMBER 23/2000/PL-UBTVQH10 dated April 28, 2000

ELDERLY PERSONS

Elderly persons who have given birth, raised, and educated their children andgrandchildren in character and play an important role in families and society. Thecare for the material and spiritual life and the continued promotion of the roleof elderly persons is the responsibility of families, the State, and the wholesociety, reflecting the fine qualities, ethics, and traditions of our nation.

Based on the Constitution of the Socialist Republic of Vietnam in 1992;

Pursuant to the Resolution of the Tenth National Assembly, sixth session on theProgramme of Law and Ordinance Construction in 2000;

This Ordinance stipulates the provisions regarding the support, care, andpromotion of the role of elderly persons.

PART I

GENERAL PROVISIONS

Article 1.An elderly person under this Ordinance is a citizen of the Socialist Republic ofVietnam aged 60 years or older.

Article 2. Elderly persons shall be supported, cared for, and have their roles promoted bytheir families, the State, and society in accordance with the law.

Every citizen must respect and have the responsibility to assist elderlypersons.

Article 3.Supporting elderly persons is the primary responsibility of families withelderly members.

Elderly persons who are alone, without support, and without income sources shallbe assisted by the State and society.

Article 4.The State shall have appropriate policies concerning health care, improvingmaterial and spiritual living standards, creating conditions for elderly personsto live healthily, happily, and beneficially; and at the same time promoting therole of elderly persons in the cause of building and defending the Homeland. Content of assessment and scale of points.

Article 5.People's Committees at all levels shall plan the care for elderly persons;organize social mobilization to contribute towards creating conditions for caringfor and promoting the role of elderly persons.

Article 6.The State, society, and families have the responsibility to educate youngergenerations to be grateful, respectful, and caring for elderly persons.

Article 7.Elderly persons must set good examples in moral training and compliance withlaws, educating younger generations to maintain and promote the fine traditions ofthe nation.

Article 8.The organization of facilities for elderly care must be based on actualcircumstances, the needs of elderly care, and in accordance with the provisions ofthe law.

Chapter II

SUPPORTING AND CARING FOR ELDERLY PERSONS

Article 9.

1. Supporting elderly persons involves economic provision, care, encouragement,moral support, respect for legitimate wishes, ensuring basic needs of elderlypersons for food, clothing, housing, mobility, health, education, culture,information, and communication.

2. Persons obligated to support elderly persons are spouses, children, and bloodgrandchildren.

3. Persons obligated to support elderly persons may not refuse their obligationto support.

Article 10.

1. Persons obligated to support elderly persons, depending on specificcircumstances, must arrange suitable accommodation that is appropriate to the physical condition and psychological state of elderlypersons.

2. Persons obligated to support elderly persons must cover medical expenses whenthey are ill and funeral expenses when they die.

3. All acts of abuse, mistreatment, or forcing elderly persons to work beyondtheir capacity are strictly prohibited.

Article 11.

1. Persons obligated to support elderly persons who cannot directly care forelderly persons may entrust individuals or service organizations to care forelderly persons, but must obtain the consent of the elderly person.

2.Individuals or service organizations entrusted have the responsibility to fullyimplement their commitments to the entrusting party regarding the care of elderlypersons.

3. Elderly persons have the right to request a change of the individual orservice organization entrusted to care for them if such individuals ororganizations fail to fulfill their responsibilities.

Article 12.Elderly persons who are alone, without support, and without income sources shallreceive:

1. Social allowances or care at social welfare institutions;

2. Free medical examinations and treatments;

3. Village-level People's Committees, social welfare institutions shall organizeand cover funeral expenses when they die.

Article 13. Elderly persons shall be prioritized in medical examinations and treatments;when using public transportation and participating in recreational activities.

Article 14.

1. Elderly persons shall be provided with primary healthcare at their place ofresidence. Village-level health stations shall be responsible for monitoring,managing, and directly providing healthcare, organizing regular health check-upsfor elderly persons in accordance with specific local conditions; costs shall besupported by the local budget.

2. Elderly persons who are disabled, alone, without support, and fall ill butcannot travel to designated locations for examination and treatment, the head ofthe village-level health station shall dispatch medical staff to examine and treatat their residence. of elderly persons.

Article 15.State hospitals must have geriatric departments or reserve beds for treatingelderly patients and organize research on specialized techniques for treatingelderly persons.

Article 18.- Nha Trang Pasteur Institute. Health authorities shall guide healthcare facilities atprevious levels onspecialized techniques for elderly healthcare; strengthen research in the field ofelderly healthcare and protection; enhance the skills of medical personnel inexamining and treating elderly persons; implement various forms of education andpopularize general knowledge about exercise to help elderly persons improve theirdisease prevention and self-care skills.

Article 17.People's Committees at all levels, political organizations, socio-politicalorganizations, economic organizations, social organizations, occupational-socialorganizations, military units, and every citizen shall, based on specificconditions, support elderly persons to organize visits to historical sites andscenic spots.

Article 18.Investment in new construction or renovation of public facilities must takeinto account the needs of elderly activities and care.

Article 19. The State and society shall create favorable conditions for elderly persons toenjoy culture and participate in traditional cultural activities of the nation.

Article 20.Information agencies shall be responsible for disseminating the Party's policies,state laws on elderly care and role promotion, reflecting the lives of elderlypersons, educating awareness of respect and assistance to elderly persons, andpublicizing good deeds in elderly care.

Article 21.The State encourages organizations and individuals to contribute their ownfunds to build nursing homes, elderly care service facilities, rehabilitationcenters, cultural and sports clubs, and other voluntary forms of assistance toelderly persons in community residential areas, social welfare institutions.

Article 22.The State encourages organizations of the elderly to establish Elder Care Funds with appropriate forms. The Elder Care Fund is formed from voluntary contributions from the elderly, charitable and humanitarian support from domestic and foreign organizations and individuals. The Elder Care Fund is established and operates in accordance with the provisions of the law.

Chapter III

PROMOTING THE ROLE OF ELDERLY PERSONS

IN THE CAUSE OF BUILDING AND DEFENDING THE COUNTRY

Article 23.The State encourages and creates conditions for the elderly to exercise physical fitness, participate in education to improve their qualifications, contribute their experience and knowledge to the cause of building and defending the Nation. Content of assessment and scale of points.

Article 24.The elderly are encouraged to promote their talents, intelligence, and good qualities to participate in activities:

1. Educating the tradition of patriotism, socialism, the tradition of "Remembering the source when drinking water"; imparting cultural, social, scientific, and technological knowledge and vocational skills to the younger generation;

2. Maintaining political security, social order and safety, and mediating disputes and conflicts within the community;

3. Contributing opinions on policy and law development;

4. Providing professional and technical advice;

5. Researching and applying science and technology;

6. Other social activities.

Chapter IV

STATE MANAGEMENT OF THE ELDERLY

Article 25.State management of the elderly includes the following contents:

1. Issuing, amending, supplementing, guiding the implementation, and organizing the enforcement of regulatory legal documents, systems, and policies for the elderly;

2. Statistics on the elderly;

3. Mobilizing, managing, and utilizing resources to strengthen investment in social welfare services for the care and promotion of the role of the elderly;

4. Supporting elderly organizations in their activities; 5. Inspecting, auditing, and resolving complaints and denunciations regarding the implementation of laws concerning the elderly;

6. Handling violations in the implementation of laws concerning the elderly;

7. Implementing international cooperation in caring for and promoting the role of the elderly.

The Government exercises unified state management over work related to the elderly.

Article 26.The Ministry of Labor, Invalids, and Social Affairs is responsible before the Government for implementing state management over work related to the elderly.

Ministries, agencies at the ministerial level, and government agencies within their respective tasks and authorities have the responsibility to coordinate with the Ministry

of Labor, Invalids, and Social Affairs in implementing state management over work related to the elderly. People's Committees at all levels are responsible for implementing care and promoting the role of the elderly within their localities.

The Vietnam Fatherland Front and its member organizations at all levels mobilize families and society to care for and promote the role of the elderly.

Article 27.Vietnam Fatherland Front CommitteeThe Vietnam Association of the Elderly is a social organization of the elderly, with the responsibility:

Article 28.1. To gather the elderly to participate in association activities, contributing to the implementation of economic and social programs, building civilized lifestyles, cultural families, maintaining political security, social order and safety, building and defending the Nation;

2. To protect the rights and legitimate interests of the elderly, and to present requests to state management agencies to implement care and promote the role of the elderly; state;

3. To make recommendations to state agencies on issues related to the rights and legitimate interests of the elderly;

4. To represent Vietnamese elderly in international organizations and people-to-people diplomacy activities for the benefit of the elderly.

The State creates conditions for the Vietnam Association of the Elderly to organize activities aimed at improving care and promoting the role of the elderly.

Article 29. Individuals and organizations with outstanding achievements in caring for, assisting, and promoting the role of the elderly, or those who have contributed to detecting and preventing violations of laws concerning the elderly; elderly who set good examples in social activities and contribute to the construction and defense of the Nation

Chapter V

REWARD AND DISCIPLINARY ACTION FOR VIOLATIONS

Article 30.Credit organizations on shall be commended and rewarded according to the provisions of the law. Any person who infringes upon the rights and legitimate interests of the elderly; any person who has the duty to support the elderly but shirks this duty, abuses, or mistreats the elderly, or commits other acts that violate the provisions of the law concerning the elderly shall be subject to disciplinary action, administrative penalties, or criminal liability depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the provisions of the law.

Article 31.This Ordinance also applies to foreign elderly residing in Vietnam, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

Chapter VI

IMPLEMENTING PROVISIONS

Article 32.This Ordinance takes effect from July 1, 2000.

Article 33.This Ordinance takes effect from July 1, 2000.

The Government and the Supreme People's Procuracy within their respective functions and duties shall be responsible for guiding the implementation of this Ordinance./.

Article 34.The Government shall provide detailed regulations and guidance for the implementation of this Ordinance./.