Joint Circular No. 24/2010/TTLT-BLDTBXH-BTC guiding the implementation of certain provisions of Government Decree No. 67/2007/NĐ-CP dated April 13, 2007 on social assistance policies for beneficiaries and Government Decree No. 13/2010/NĐ-CP dated February 27, 2010 amending and supplementing certain provisions of Government Decree No. 67/2007/NĐ-CP on social assistance policies for beneficiaries.

JOINT CIRCULAR

Guidelines for implementing certain provisions of Decree No. 67/2007/ND-CP dated April 13, 2007 of the Government on social assistance policies for beneficiaries of social welfare and Decree No. 13/2010/ND-CP dated February 27, 2010 of the Government amending and supplementing certain provisions of Decree No. 67/2007/ND-CP of the Government on social assistance policies for beneficiaries of social welfare

concerning social assistance policies for beneficiaries of social welfare and Decree No. 13/2010/ND-CP dated February 27, 2010 of the Government amending and supplementing certain provisions of Decree No. 67/2007/ND-CP of the Government on social assistance policies for beneficiaries of social welfare

Amending and supplementing certain provisions of Decree No. 67/2007/ND-CP of the Government on social assistance policies for beneficiaries of social welfare

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Pursuant to Decree No. 60/2003/NĐ-CP dated June 6, 2003, promulgated by the Government detailing and guiding the implementation of the Law on State Budget;

Pursuant to Decree No. 67/2007/ND-CP dated April 13, 2007 of the Government on social assistance policies for beneficiaries of social welfare (hereinafter referred to as Decree No. 67/2007/ND-CP) and Decree No. 13/2010/ND-CP dated February 27, 2010 of the Government amending and supplementing certain provisions of Decree No. 67/2007/ND-CP dated April 13, 2007 of the Government on social assistance policies for beneficiaries of social welfare (hereinafter referred to as Decree No. 13/2010/ND-CP);

The Ministry of Labor, Invalids and Social Affairs and the Ministry of Finance hereby issue guidelines for implementing certain provisions of Decree No. 67/2007/ND-CP and Decree No. 13/2010/ND-CP as follows:

PART I

SOCIAL ASSISTANCE AND SUPPORT

Article 1. Recipients

1. Recipients of social welfare under the management of communes, wards, and towns according to Article 4 of Decree No. 67/2007/ND-CP and amended by Clauses 1, 2, and 3 of Article 1 of Decree No. 13/2010/ND-CP are further guided as follows:

a) Persons aged 85 years or older receiving social benefits under laws on preferential treatment for persons who have rendered meritorious service to the revolution without a pension or social insurance benefit shall still be entitled to social assistance benefits as stipulated in Clause 3 of Article 4 of Decree No. 67/2007/ND-CP;

"Pension or social insurance benefit" includes: pension as prescribed by laws on social insurance (including pension as prescribed in Decree No. 92/2009/ND-CP dated October 22, 2009 of the Government); monthly disability compensation; monthly survivor's allowance; monthly loss of earning capacity compensation; monthly compensation as prescribed in Decision No. 91/2000/QD-TTg dated August 4, 2000 of the Prime Minister; monthly compensation for retired rubber plantation workers; monthly compensation for village cadres who have ceased working as prescribed in Decision No. 130-CP dated June 20, 1975 of the Council of Ministers, Decision No. 111-HĐBT dated October 13, 1981 of the Council of Ministers, and Decree No. 09/1998/ND-CP dated January 23, 1998 of the Government; monthly compensation as prescribed in Decision No. 142/2008/QD-TTg dated October 27, 2008 of the Prime Minister and Decision No. 613/QD-TTg dated May 6, 2010 of the Prime Minister;

b) "Severely disabled persons unable to work" as stipulated in Clause 4 of Article 4 of Decree No. 67/2007/ND-CP and amended by Clause 1 of Article 1 of Decree No. 13/2010/ND-CP refers to persons aged 15 years or older who are severely disabled, with reduced functional capacity, unable to work, recognized by the Commune Review Board or confirmed by hospitals at district level or higher;

c) "Severely disabled persons unable to self-care" as stipulated in Clause 4 of Article 4 of Decree No. 67/2007/ND-CP and amended by Clause 1 of Article 1 of Decree No. 13/2010/ND-CP refers to disabled persons unable to self-care in daily life activities, recognized by the Commune Review Board or confirmed by hospitals at district level or higher;

d) "Persons infected with HIV/AIDS unable to work" as stipulated in Clause 6 of Article 4 of Decree No. 67/2007/ND-CP refers to persons infected with HIV/AIDS as confirmed by authorized healthcare facilities, unable to work, recognized by the Commune Review Board or confirmed by hospitals at district level or higher;

e) "Single individuals" as stipulated in Clause 9 of Article 4 of Decree No. 67/2007/ND-CP refers to persons without a spouse; spouse deceased; spouse missing as prescribed in Article 78 of the Civil Code;

2. Recipients of social welfare are considered for admission to community-based social care homes as stipulated in Article 5 of Decree No. 67/2007/ND-CP.

3. Recipients of social welfare are considered for admission to social welfare institutions including those specified in Article 5 of Decree No. 67/2007/ND-CP and those specified in Clause 2 and Clause 4 of Article 5 of Decree No. 68/2008/ND-CP dated May 30, 2008 of the Government on conditions, procedures for establishment, organization, operation, and dissolution of social welfare institutions.

4. Recipients of social welfare eligible for one-time emergency assistance as stipulated in Article 6 of Decree No. 67/2007/ND-CP are further guided as follows:

a) "Seriously injured persons" as stipulated in Point b Clause 1 of Article 6 of Decree No. 67/2007/ND-CP refers to persons requiring emergency care or hospitalization at medical facilities;

b) "Households required to evacuate urgently due to landslides or flash floods" as stipulated in Point d Clause 1 of Article 6 of Decree No. 67/2007/ND-CP refers to households required to evacuate their residences from old locations to new locations due to landslide or flash flood risks as decided by the Chairman of the People's Committee at district level;

c) "Individuals encountering accidents outside their residential areas leading to serious injuries, with families unaware to provide care" as stipulated in Point g Clause 1 of Article 6 of Decree No. 67/2007/ND-CP refers to individuals encountering accidents outside the commune, ward, or town where they reside.

Article 2. Determination of Allowances and Assistance

1. Regular social allowances and assistance

a) For provinces and centrally-administered cities; central ministries, sectors, and mass organizations applying the standard level prescribed in Article 7 of Decree No. 67/2007/ND-CP, amended by Clause 4 of Article 1 of Decree No. 13/2010/ND-CP, the monthly social allowance for each group of beneficiaries under social support shall be implemented according to the provisions of Clause 4 of Article 1 of Decree No. 13/2010/ND-CP.

Example 1: Nguyen Van B, aged 6, orphaned with both parents deceased, severely disabled and unable to self-care, residing in Province B where the monthly social allowance standard is 180,000 VND. Therefore, Nguyen B is both an orphan and a severely disabled person unable to self-care. The highest social allowance coefficient for Nguyen B is 2.0 (coefficient for severely disabled persons unable to self-care). The monthly allowance for Nguyen B is:

180,000 VND x 2.0 = 360,000 VND.

Example 2: Mr. Nguyen Van D's family resides in Province H and has two children: Nguyen Thi P, aged 18, eligible for monthly allowances for severely disabled persons unable to self-care (coefficient 2.0) and Nguyen Van Q, aged 29, eligible for monthly allowances for persons with mental illness as stipulated in Clause 5 of Article 4 of Decree No. 67/2007/ND-CP, amended by Clause 2 of Article 1 of Decree No. 13/2010/ND-CP (coefficient 1.5). Province H has a monthly social allowance standard of 180,000 VND. Mr. D's family will receive the following two types of monthly allowances:

- Allowance for Ms. P and Mr. Q:

+ Ms. P: 180,000 VND x 2.0 = 360,000 VND.

+ Mr. Q: 180,000 VND x 1.5 = 270,000 VND.

- Allowance for Mr. D's household:

180,000 VND x 2.0 = 360,000 VND.

Total monthly allowances that Mr. D's family receives are as follows:

360,000 VND + 270,000 VND + 360,000 VND = 990,000 VND

Example 3: Ms. Nguyen Thi A belongs to a poor household, her husband has passed away, she is currently raising a child under 18 months old, herself being severely disabled and unable to work, residing in Province H where the monthly social allowance standard is 180,000 VND. Ms. A will receive the following two types of allowances:

- Allowance for severely disabled persons:

180,000 VND x 1.0 = 180,000 VND.

- Allowance for single parents raising young children:

180,000 VND x 1.5 = 270,000 VND.

Total monthly allowances that Ms. A receives are as follows:

180,000 VND + 270,000 VND = 450,000 VND.

b) For provinces and centrally-administered cities; central ministries, sectors, and mass organizations deciding on a higher standard than the standard prescribed in Article 7 of Decree No. 67/2007/ND-CP, amended by Clause 4 of Article 1 of Decree No. 13/2010/ND-CP, the monthly allowances and assistance for each group of beneficiaries shall be calculated as follows:

Example 4: The monthly social allowance standard of Province Y is 200,000 VND/person/month. Mr. Tran Van C, aged 66, living alone without support, severely disabled and unable to self-care, residing in Province Y. Thus, Mr. Tran C is both an elderly person living alone without support and a severely disabled person unable to self-care. Mr. Tran C receives the highest social allowance coefficient of 2.0 (coefficient for severely disabled persons unable to self-care). The monthly allowance for Mr. Tran C is:

200,000 VND x 2.0 = 400,000 VND.

2. The lowest emergency relief allowance shall be implemented according to the provisions of Article 12 of Decree No. 67/2007/ND-CP, amended by Clause 8 of Article 1 of Decree No. 13/2010/ND-CP. For provinces and centrally-administered cities deciding on a higher standard than the standard prescribed in Clause 8 of Article 1 of Decree No. 13/2010/ND-CP, the local regulations shall apply.

Chapter II

DOCUMENTS AND PROCEDURES

Article 3. Documents for regular social assistance

1. Documents for social assistance at the community for subjects specified in Clauses 1, 2, 3, 4, 5, 6, and 9 of Article 4 and subjects living in social housing facilities as stipulated in Article 5 of Decree No. 67/2007/ND-CP include:

a) Application form for social assistance of the subject or their family, relatives, or guardian (Form No. 1);

b) Curriculum vitae of the subject receiving social assistance;

c) Minutes of the meeting of the Social Assistance Review Board at the commune, ward, town (hereinafter referred to as the Commune-level Review Board) (Form No. 4) or confirmation document from a county-level hospital or higher for persons with disabilities;

d) Confirmation document from a competent medical facility for persons with mental illness or HIV/AIDS;

đ) Conclusion document of the Commune-level Review Board for cases with objections, complaints, or accusations after public announcement;

e) Decision of the social welfare institution regarding the transfer of the subject back to their family or social housing facility (Form No. 8).

2. Documents for social assistance at the community for subjects specified in Clause 7 of Article 4 of Decree No. 67/2007/ND-CP include:

a) Adoption application for orphaned or abandoned children (Form No. 3);

b) Copy of birth certificate of the adopted child;

c) Curriculum vitae of the adopted child;

d) For individuals preparing the curriculum vitae and copy of identity card;

đ) For families, prepare copies of marriage registration certificates and copies of identity cards of husband and wife;

e) Documents prescribed in Points c, d, and đ of Clause 1 of this Article.

3. Documents for social assistance at the community for subjects specified in Clause 8 of Article 4 of Decree No. 67/2007/ND-CP, amended by Clause 3 of Article 1 of Decree No. 13/2010/ND-CP, include:

a) Application form for social assistance of the family;

b) Decisions on monthly social assistance of the subject (copies).

4. Documents of subjects residing in Social Welfare Institutions

Documents of subjects residing in Social Welfare Institutions shall be implemented according to Article 22 of Decree No. 68/2008/ND-CP dated May 30, 2008, of the Government stipulating conditions, procedures for establishment, organization, operation, and dissolution of Social Welfare Institutions.

5. Documents for funeral expense support include:

a) Application or document requesting funeral expenses from the family, individual, agency, unit, or organization organizing the funeral for a social welfare beneficiary who has died while receiving monthly social assistance (Form No. 2);

b) Copy of death certificate.

Article 4. Procedures and formalities for regular social assistance, admission to social housing, and social welfare institutions

1. To receive monthly social assistance or be admitted to social housing or social welfare institutions, the subject or their family or guardian must complete the documents as prescribed in Article 3 of this Circular and submit them to the People's Committee of the commune.

2. Within twenty days from the date of receiving all documents, the Commune-level Social Assistance Review Board shall convene a meeting to review the subject's documents. If the subject meets the criteria, they will publicly announce the information at the People's Committee office and notify through mass media (announcing period is seven days). After the public announcement period, if there are no objections or complaints, the Review Board will complete the documents as required and submit them to the Chairman of the People's Committee for forwarding to the Department of Labor, Invalids, and Social Affairs for consideration and resolution.

In case of citizen complaints or accusations, within ten days, the Review Board will conduct verification, examination, and make a specific conclusion and publicize it before the people.

3. Within ten working days from the date of receiving all applications from the commune, the Department of Labor, Invalids, and Social Affairs shall be responsible for reviewing and submitting to the Chairman of the District People's Committee for issuing decisions for each specific subject (Form No. 5 and Form No. 7).

4. Admission procedures, authority to admit, and removal from social welfare institutions shall be carried out according to Articles 23 and 24 of Decree No. 68/2008/ND-CP dated May 30, 2008, of the Government stipulating conditions, procedures for establishment, organization, operation, and dissolution of social welfare institutions.

Article 5. Procedures for adjusting the level of assistance, terminating assistance

1. When beneficiaries have changes in conditions for enjoying policies, the Commune Review Board shall examine and conclude. Based on the conclusion of the Board, the Chairman of the People's Committee at the commune level shall issue a document to the Department of Labor - Invalids and Social Affairs.

2. Within ten working days from the date of receipt of the document from the People's Committee at the commune level, the Department of Labor - Invalids and Social Affairs shall be responsible for examining and submitting to the Chairman of the People's Committee at the district level to issue a Decision to adjust the level of assistance or terminate assistance (Form No. 6).

Article 6. Procedure and procedures for monthly assistance when changing place of residence

1. When beneficiaries receiving monthly social assistance in one locality move to another place, the Department of Labor - Invalids and Social Affairs shall be responsible for submitting to the Chairman of the People's Committee at the district level of the former place of residence to decide to terminate assistance (Form No. 6) and write an introduction letter (Form No. 9) to receive monthly assistance at the new place of residence along with the beneficiary's current assistance file.

2. Within ten working days from the date of receipt of the introduction letter from the former place of residence of the beneficiary and the beneficiary's assistance file, the Department of Labor - Invalids and Social Affairs at the new place of residence shall be responsible for accepting the beneficiary's assistance file and submitting to the Chairman of the People's Committee at the district level to issue a decision to provide assistance according to the level of the new locality (Form No. 5).

Article 7. Procedures for funeral assistance

1. To be eligible for funeral assistance, representatives of families, individuals, agencies, units, organizations organizing funerals for beneficiaries of social assistance who have died must prepare complete files as specified in point a and point b, Clause 5, Article 3 of this Circular and send them to the People's Committee at the commune level.

2. Agencies and organizations organizing funerals for people who die outside their residential areas shall send a document to the Chairman of the People's Committee at the district level.

3. Within seven working days from the date of receipt of the complete files as stipulated in Clause 1 of this Article, the People's Committee at the commune level shall be responsible for completing the beneficiary's file according to regulations and sending it to the Department of Labor - Invalids and Social Affairs for examination and resolution.

4. Within ten working days from the date of receipt of the complete files sent by the commune level or by agencies and organizations organizing funerals for people who die outside their residential areas, the Department of Labor - Invalids and Social Affairs shall be responsible for reviewing and submitting to the Chairman of the People's Committee at the district level to issue a decision for each specific case (Form No. 10).

Article 8. Files and procedures for emergency assistance

1. The Village Head establishes a list of beneficiaries of emergency assistance according to the groups of beneficiaries specified in Article 6 of Decree No. 67/2007/ND-CP, attached with the minutes of the village meeting (if any), and sends it to the People's Committee at the commune level.

2. The Chairman of the People's Committee at the commune level convenes an urgent meeting of the Review Board to unify the list of beneficiaries of emergency assistance proposed to the district level for support. If the commune level has a reserve fund for emergency assistance, the Chairman of the People's Committee at the commune level decides to provide immediate assistance to urgent cases.

3. After receiving support from the district level, the commune level organizes assistance for beneficiaries and implements public disclosure according to Circular No. 54/2006/TT-BTC dated June 19, 2006, issued by the Ministry of Finance guiding the implementation of the regulation on public disclosure of direct state budget support for individuals and residents.

4. Medical facilities directly providing emergency care and treatment to beneficiaries as specified in point g, Clause 1, Article 6 of Decree No. 67/2007/ND-CP shall issue a document to the Chairman of the People's Committee at the district level requesting funding support according to regulations.

5. The Chairman of the People's Committee at the commune level, the Director of the hospital, the head of the agency or unit organizing funerals for people who die outside their residential areas (in cases where the family does not know to organize funerals) shall issue a document to the Chairman of the People's Committee at the district level requesting funding for funerals according to regulations.

6. In cases where the district level does not have sufficient funds for emergency assistance, the Chairman of the People's Committee at the district level must issue a document requesting the Department of Labor - Invalids and Social Affairs to submit to the Chairman of the People's Committee at the provincial level (hereinafter referred to as the provincial level) for consideration and support.

Chapter III

EXPENSES FOR IMPLEMENTATION

Article 9. Funding for Implementation

1. Sources of funds for implementing social protection policies as stipulated in Article 15 of Decree No. 67/2007/ND-CP, amended according to Clause 9 of Article 1 of Decree No. 13/2010/ND-CP and guided in this Circular are as follows:

a) Funds for monthly social assistance payments to beneficiaries of social protection under the monthly assistance program managed by communes, wards, towns and beneficiaries living in community social welfare institutions are allocated in the local budget's social security expenditure budget according to the budgetary division.

b) Monthly maintenance assistance funds for beneficiaries of social protection living in social protection institutions:

- For public social protection institutions at which level, the budget at that level shall ensure allocation within the social security expenditure budget.

- For non-public social protection institutions, they are allocated within the social security expenditure budget of the district-level budget.

c) Funds for propaganda, dissemination of policies, surveys, statistics, application of information technology, management of beneficiaries, and operational costs for social assistance payment activities at which level are ensured by the budget at that level according to the State Budget Law and related guiding documents.

2. Funds for implementing assistance policies for beneficiaries of social protection are established, allocated, used, managed, and settled according to the State Budget Law, Accounting Law, guiding documents of these laws, and specific provisions in this Circular.

For the year 2010, for provinces that have not yet achieved budget self-balancing, the provincial Department of Labor, Invalids, and Social Affairs shall take the lead, coordinating with the provincial Department of Finance to prepare the additional budget estimate for 2010 due to the implementation of Decree No. 13/2010/NĐ-CP, to be submitted to the Chairman of the Provincial People's Committee for approval and then reported to the Ministry of Labor, Invalids, and Social Affairs and the Ministry of Finance for consolidation and submission to the Prime Minister for supplementary budget allocation as prescribed.

Article 10. Contents and levels of expenditure for management work

1. People's Communes:

a) Expenditure on managing beneficiaries:

- Expenditure on office supplies; printing forms; purchasing books, materials serving management activities. The actual payment amount is based on the approved budget estimate by the competent authority.

- Expenditure on commune-level Review Board meetings. The maximum allowance for members of the commune-level Review Board is 20,000 VND/person/session.

- Payment for individuals directly responsible for monthly social assistance payments to beneficiaries (if delegated by the district) shall be implemented according to the provisions at point a, Clause 2 of this Article.

b) Expenditure on publicizing policies assisting beneficiaries to the public. The level of expenditure follows current regulations on publicity and dissemination of laws.

2. Departments of Labor, Invalids, and Social Affairs:

a) Expenditure on managing beneficiaries:

- Expenditure on office supplies; printing forms, subsidy collection receipts, beneficiary lists; purchasing books, materials serving management activities. The actual payment amount is based on the approved budget estimate by the competent authority.

- Expenditure on reviewing subsidy application files. The cost is 10,000 VND/file.

- Payment for individuals directly responsible for monthly subsidy payments or fees paid to service providers delivering subsidies to beneficiaries (for localities piloting subsidy payments through service providers):

+ Specific payment amounts for individuals and the number of individuals engaged in payment activities are determined by the Director of the Department of Labor, Invalids, and Social Affairs at the provincial level, subject to approval by the Chairman of the Provincial People's Committee, taking into account the actual number of beneficiaries and geographical conditions of each commune, ward, town, but the maximum payment rate is 350,000 VND/person/month; the maximum number of individuals engaged in payment activities is 2 persons/commune;

+ Service provider payment fees are decided and approved by the Chairman of the Provincial People's Committee based on the pilot project proposal for subsidy payments through service providers in the locality.

- Expenditure on investigating, surveying, and statistics of beneficiary data. The content and level of expenditure for investigations and surveys follow current regulations guiding the management of funds for national budget-funded surveys.

- Expenditure on purchasing, repairing assets, equipment, and means of transportation serving payment and management activities. The level of expenditure is based on needs and the approved budget estimate by the competent authority.

- Expenditure on fuel and communication. The level of expenditure is based on valid invoices and receipts.

- Other rental expenses serving payment and management activities. The level of expenditure is carried out according to contracts, receipt notes, or invoices (in cases of service rentals).

b) Expenditure on disseminating policies assisting beneficiaries to staff implementing assistance policies for beneficiaries. The level of expenditure follows current regulations on publicity and dissemination of laws.

c) Other expenditures related to the implementation of policies assisting beneficiaries.

3. Departments of Labor, Invalids, and Social Affairs:

a) Expenditure on managing beneficiaries:

- Expenditure on office supplies; printing forms, subsidy collection receipts, beneficiary lists; purchasing books, materials serving management activities. The actual payment amount is based on the approved budget estimate by the competent authority.

- Expenditure on investigating, surveying, and statistics of beneficiary data. The content and level of expenditure for investigations and surveys follow current regulations guiding the management of funds for national budget-funded surveys.

- Expenditure on purchasing, repairing assets, equipment, and means of transportation serving management activities. The level of expenditure is based on needs and the approved budget estimate by the competent authority.

- Expenditure on supporting the application of information technology serving the management of files, beneficiaries, and subsidy payments to beneficiaries. The content and level of expenditure follow current regulations on the management and use of funds for the application of information technology in state agency operations.

- Expenditure on fuel and communication. The level of expenditure is based on valid invoices and receipts.

- Other rental expenses serving payment and management activities. The level of expenditure is carried out according to contracts, receipt notes, or invoices (in cases of service rentals).

b) Expenditure on publicizing policies through mass media according to the approved budget estimate by the competent authority. The level of expenditure is carried out according to contracts between the publicizing agencies and mass media organizations.

c) Expenditure on training, professional development, mid-term reviews, and final summaries. The content and level of expenditure follow current regulations on training and professional development for civil servants and the system of expenditures for organizing conferences and training sessions for state agencies and public institutions.

d) Other expenditures related to the implementation of policies assisting beneficiaries.

4. Central-level management work expenditures (including: professional training, policy dissemination, surveys, statistics, information technology application, beneficiary management, inspection, and supervision) are prepared, allocated, used, and settled within the annual regular budget estimates of the Ministry of Labor, Invalids, and Social Affairs.

Article 11. Implementation of a pilot program for social assistance payments through local service providers

1. The Department of Labor, Invalids and Social Affairs shall take the lead and coordinate with the Department of Finance based on the actual conditions in the locality to select service providers and areas for the pilot program, and submit the draft project for the pilot implementation of social assistance payments through local service providers to the Chairman of the Provincial People's Committee for consideration and approval.

2. Based on the Decision approving the Project by the Chairman of the Provincial People's Committee, the Department of Labor, Invalids and Social Affairs shall implement the pilot program by signing contracts with selected service providers.

3. Payment process:

a) Monthly, based on the list of beneficiaries approved by the Chairman of the District People's Committee, the Department of Labor, Invalids and Social Affairs shall prepare a budget estimate and send it to the Financial Office and State Treasury at the transaction location to request the transfer of funds to the service provider that has signed the payment contract (along with the list of beneficiaries).

b) Monthly, the service provider shall carry out the payment, compile a list of recipients, and send it to the Department of Labor, Invalids and Social Affairs and the Commune People's Committee for monitoring and verification.

Chapter IV

IMPLEMENTATION

Article 13. Responsibilities of the Commune People's Committee

1. Establish a Social Assistance Review Board chaired by the Chairman (or Deputy Chairman) of the Commune People's Committee. The Board members include:

a) The Chairman (or Deputy Chairman of the Commune People's Committee) serves as the Chair of the Board;

b) A commune-level civil servant responsible for labor, invalids, and social affairs work;

c) The head of the commune health station;

d) The head or deputy head of the Vietnam Fatherland Front, Women's Union, Ho Chi Minh Communist Youth Union, and Senior Citizens' Association at the commune level.

2. Manage social welfare beneficiaries within the area (including regular and emergency beneficiaries) using registers or computer software; monitor changes in beneficiary status to promptly update or remove individuals who no longer meet eligibility criteria.

3. Timely, fully, and accurately implement monthly social assistance payments according to the regulations stipulated in this Circular.

4. Update the list of regular beneficiaries monthly (if there are changes, adding new beneficiaries or reducing those due to death or loss of eligibility) and submit it to the Department of Labor, Invalids and Social Affairs for submission to the Chairman of the District People's Committee to issue decisions on granting, discontinuing, or terminating assistance.

5. Regularly report before June 15th and December 15th each year to the Department of Labor, Invalids and Social Affairs and the District People's Committee on the number of social welfare beneficiaries, the implementation of regular and emergency assistance policies (form 1, model 11).

6. Manage communal social welfare activities and coordinate with social welfare facilities in the area.

7. For emergency assistance policies: promptly organize relief efforts, accurately target beneficiaries, and support affected individuals to quickly overcome disaster consequences, stabilize production, and secure livelihoods.

Article 14. Responsibilities of the Department of Labor, War Invalids and Social Affairs

1. Managing social welfare beneficiaries within the jurisdiction including those receiving regular and emergency assistance; accepting and managing files of families and individuals currently fostering orphaned children and abandoned children handed over by provincial authorities through files, registers, or computer software.

2. Guiding and supervising communes in identifying and managing beneficiaries; organizing the implementation of social assistance policies within the jurisdiction.

3. Accepting and reviewing applications for social allowances from communes, compiling and submitting to the Chairman of the People's Committee at the district level for decision.

4. Preparing the budget for monthly social allowance expenditures according to Table 2 (annexed), emergency assistance (Form 11); budget for propaganda, dissemination of policies, surveys, statistics, application of information technology, management of beneficiaries; budget for social allowance payment activities within the jurisdiction and sending to the Finance Department for consolidation and submission to the Chairman of the People's Committee at the district level; settling accounts for regular and emergency social allowances according to current regulations.

5. For pilot areas implementing social allowance payments through local service providers, sending monthly lists of social allowance recipients to the service provider; preparing a budget proposal requesting the State Treasury at the district level to transfer funds to the service provider to implement payments to beneficiaries; guiding, inspecting, and supervising the service provider in the implementation of social allowance payment work.

6. Compiling and reporting periodically and urgently on the implementation of social assistance policies for social welfare beneficiaries to the Department of Labor, War Invalids and Social Affairs and the People's Committee at the district level before June 30 and December 31 each year (Table 2, Form 11).

7. Managing social welfare facilities established by the district.

Article 15. Responsibilities of the Provincial Department of Labor, War Invalids and Social Affairs

1. Based on specific conditions of the locality, establishing levels of social assistance for social welfare beneficiaries and submitting to the Chairman of the People's Committee at the provincial level for decision.

2. Managing social welfare beneficiaries within the jurisdiction.

3. Guiding and supervising districts in organizing the management and implementation of social assistance policies for social welfare beneficiaries; submitting to the Chairman of the People's Committee at the provincial level for approval of pilot projects to implement social allowance payments through service agencies in localities with appropriate conditions.

4. Preparing budgets and proposing allocations of social security funds for districts according to Table 3 (annexed) and units within the jurisdiction, submitting to the People's Committee at the provincial level for submission to the Provincial People's Council for decision; in cases where localities lack funds for emergency assistance, the Provincial Department of Labor, War Invalids and Social Affairs will take the lead, coordinating with the Provincial Department of Finance and the Provincial Department of Agriculture and Rural Development to compile and submit to the Chairman of the People's Committee at the provincial level for reporting to the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Finance for consolidation and submission to the Prime Minister for consideration and decision to provide support from the central budget according to point c, clause 1, Article 19 of Decree No. 67/2007/ND-CP.

5. Compiling and reporting regularly before January 15 and July 15 each year and reporting urgently on the implementation of social assistance policies for social welfare beneficiaries to the Ministry of Labor, War Invalids and Social Affairs and the People's Committee at the provincial level (Table 3, Form 11).

6. Managing social welfare facilities established by the province.

7. Implementing the application of information technology in managing social welfare beneficiaries at the provincial and district levels; building databases, compiling, and sending standardized information of beneficiaries in XML format to the Ministry of Labor, War Invalids and Social Affairs (the Ministry's electronic portal) periodically and urgently according to regulations.

Chapter V

IMPLEMENTING PROVISIONS

Article 16. Effective Date

1. This Circular takes effect 45 days from the date of signature.

2. This Circular replaces Circular No. 09/2007/TT-BLDTBXH dated July 13, 2007 guiding certain provisions of Decree No. 67/2007/ND-CP dated April 13, 2007 of the Government on social assistance policies for social welfare beneficiaries and Circular No. 26/2008/TT-BLDTBXH dated November 10, 2008 of the Ministry of Labor, War Invalids and Social Affairs amending and supplementing certain points of Circular No. 09/2007/TT-BLDTBXH dated July 13, 2007 guiding certain provisions of Decree No. 67/2007/ND-CP dated April 13, 2007 of the Government on social assistance policies for social welfare beneficiaries.

During the implementation process, if there are difficulties, please promptly report to the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Finance for research and resolution./.