Circular No. 26/2008/TT-BLDTBXH amending and supplementing certain points of Circular No. 09/2007/TT-BLDTBXH dated July 13, 2007 guiding some provisions of Government Decree No. 67/2007/NĐ-CP dated April 13, 2007 on social assistance policies for beneficiaries.

CIRCULAR

Amending and supplementing some points of Circular No. 09/2007/TT-BLDTBXH dated July 13, 2007 guiding certain provisions of Decree No. 67/2007/NĐ-CP dated April 13, 2007 of the Government on policies to assist social welfare beneficiaries

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To promptly address some difficulties and obstacles arising during the implementation of social allowances for social welfare beneficiaries, the Ministry of Labor - Invalids and Social Affairs amends and supplements some points of Circular No. 09/2007/TT-BLDTBXH dated July 13, 2007 (hereinafter referred to as Circular No. 09/2007/TT-BLDTBXH) guiding certain provisions of Decree No. 67/2007/NĐ-CP dated April 13, 2007 (hereinafter referred to as Decree No. 67/2007/NĐ-CP) on policies to assist social welfare beneficiaries as follows:

1. Supplement point e and g after point d, Clause 1, Section I of Circular No. 09/2007/TT-BLDTBXH as follows:

“e) The subjects specified in Clause 3, Article 4 of Decree No. 67/2007/NĐ-CP who are currently enjoying policies for persons with meritorious service but without pension or social insurance benefits shall still be entitled to social allowances as prescribed in Decree No. 67/2007/NĐ-CP. Upon death, they shall only be entitled to the highest funeral allowance.”

“g) The level of social allowances prescribed in Decree No. 67/2007/NĐ-CP shall not be counted as income when reviewing to determine poverty status annually.”

2. Supplement point g after point e, Clause 4, Section IV of Circular No. 09/2007/TT-BLDTBXH as follows:

“g) Implement the application of information technology in managing social welfare beneficiaries at provincial and district levels; build databases, compile and send information of beneficiaries formatted according to XML standards to the Ministry of Labor - Invalids and Social Affairs (the Ministry's electronic portal) regularly and urgently as prescribed in point d, Clause 4, Section IV of Circular No. 09/2007/TT-BLDTBXH.”

3. Amend Clause 2, Section V of Circular No. 09/2007/TT-BLDTBXH as follows:

“2. The time for implementing social allowances as prescribed in Decree No. 67/2007/NĐ-CP shall be as follows:

a) Beneficiaries who have been receiving social allowances from January 1, 2007 or earlier at the rate prescribed in Clause 3, Article 24 of Decree No. 67/2007/NĐ-CP shall enjoy the allowance rates prescribed in Decree No. 67/2007/NĐ-CP from January 1, 2007.

Example: Mr. Nguyen Van Ha was entitled to social allowances for elderly individuals living alone and belonging to poor households at a rate of 65,000 VND/month since June 1, 2006. On July 25, 2007, the People's Committee of the district decided to adjust his allowance rate according to Decree No. 67/2007/NĐ-CP. Mr. Ha received an allowance of 120,000 VND/month from January 1, 2007. The amount of his allowance is calculated as follows:

+ Back pay from January to July 2007: (120,000 VND - 65,000 VND) x 7 months = 385,000 VND;

+ Allowance for August 2007: 120,000 VND;

Total allowance received in August 2007: 505,000 VND, and from September 2007, Mr. Ha receives 120,000 VND/month.

b) From January 1, 2007 onwards, beneficiaries eligible for social allowances as prescribed in Article 4 of Decree No. 67/2007/NĐ-CP at any given time shall be entitled to such allowances at that time.

Example 1: Ms. Nguyen Thi Sau has been receiving social allowances for disabled individuals unable to work since February 1, 2007 at a rate of 65,000 VND/month. On November 26, 2007, the People's Committee of the district decided to adjust her allowance rate according to Decree No. 67/2007/NĐ-CP. Ms. Sau received an allowance of 120,000 VND/month from February 1, 2007. The amount of her allowance is calculated as follows:

+ Back pay from February to November 2007: (120,000 VND - 65,000 VND) x 10 months = 550,000 VND;

+ Allowance for December 2007: 120,000 VND;

Total allowance received in December 2007: 670,000 VND, and from January 2008, Ms. Sau receives 120,000 VND/month.

Example 2: Mr. Nguyen Van Binh has been receiving allowances for individuals aged 90 and above since March 1, 2007 at a rate of 65,000 VND/month; on October 20, 2007, the People's Committee of the district decided to increase his social allowance to 120,000 VND/month (as prescribed in Decree No. 67/2007/NĐ-CP). Therefore, Mr. Binh receives an allowance of 120,000 VND/month from January 1, 2007. The amount of his allowance is calculated as follows:

+ Back pay for January and February 2007: 120,000 VND x 2 months = 240,000 VND;

+ Back pay from March to October 2007: (120,000 VND - 65,000 VND) x 8 months = 440,000 VND;

+ Allowance for November 2007: 120,000 VND.

Total allowance received in November 2007: 800,000 VND, and from December 2007, Mr. Binh receives 120,000 VND/month.

Example 3: Mr. Tran Van Nam became eligible for social allowances from July 1, 2008, but he did not submit complete application files to the commune People's Committee until October 10, 2008, as required by Circular No. 09/2007/TT-BLDTBXH. In November 2008, the Chairman of the District People's Committee issued a decision granting him social allowances. Thus, Mr. Nam is entitled to social allowances as prescribed in Decree No. 67/2007/NĐ-CP from July 1, 2008. The amount of his allowance is calculated as follows:

+ Back pay from July to November 2008: 120,000 VND x 5 months = 600,000 VND;

+ Allowance for December 2008: 120,000 VND;

Total allowance received in December 2008: 720,000 VND, and from January 2009, Mr. Nam receives 120,000 VND/month.

c) For beneficiaries who have submitted complete application files as required by Circular No. 09/2007/TT-BLDTBXH but died before receiving a decision on social allowances, their relatives may claim back allowances from the date they met the conditions until the date of death. Specifically, beneficiaries as defined in Article 10 of Decree No. 67/2007/NĐ-CP will be supported with funeral expenses.”

4. This Circular takes effect 15 days after its publication in the Official Gazette.

Any issues encountered during implementation should be reported to the Ministry of Labor - Invalids and Social Affairs for review and appropriate amendments./.