Decree No. 30/2002/ND-CP stipulates and guides the implementation of certain provisions of the Ordinance on the Elderly, applicable to Vietnamese elderly persons and those related. This Decree emphasizes the responsibility for caring for and promoting the role of the elderly in society.
적용 범위
Vietnamese elderly persons (aged 60 years and above), elderly persons residing abroad, spouses, biological children, legally adopted children, daughters-in-law, sons-in-law, grandchildren of elderly persons, state agencies.
핵심 사항
- The elderly are exempt from contributing to community social activities (Article 7).
- Solitary elderly persons or those with severe disabilities may receive social allowances and medical care (Article 6).
- Elderly persons aged 90 years and above are entitled to monthly social allowances (Article 6).
- The State encourages the elderly to contribute their experience to the cause of national construction and defense, and to participate in cultural and sports activities (Articles 11 and 12).
- State agencies have the responsibility to manage and support elderly-related work as prescribed in this Decree (Articles 14 and 15).
🌐 이 문서의 사회적 영향
- Creating conditions for the elderly to participate in cultural and sports activities, helping them maintain their health and promote their roles in society.
- Reducing the economic burden on solitary elderly persons or those with severe disabilities, improving the quality of life for them.
- Encouraging the elderly to contribute their experience to the cause of national construction and defense, enhancing their participation in social activities.
❓ 자주 묻는 질문
When are the elderly exempt from contributing to community social activities?
The elderly are exempt from contributing to community social activities except when they voluntarily participate (Article 7).
Are elderly persons aged 90 years and above entitled to monthly social allowances?
Yes, elderly persons aged 90 years and above who do not receive pensions or other social allowances will be entitled to monthly social allowances from local budgets (Article 6).
How are the elderly prioritized when using public transportation?
Managers of transportation means and cultural, physical education, and sports facilities must prioritize arranging appropriate seating for the elderly (Article 8).
What healthcare services do the elderly enjoy?
The elderly are provided health care according to the Law on Health Protection for the People, with priority medical examinations and treatments at healthcare facilities, and free health insurance cards from the age of 100 years old (Article 9).
How does the State support the elderly?
The State supports the elderly through creating conditions for their participation in cultural and sports activities, priority medical examinations and treatments, and financial support for organizations caring for the elderly (Articles 10-12).
전문
DECREE OF THE GOVERNMENT
Regulations and Guidelines for Implementing Certain Provisions
of the Elderly People Ordinance
THE GOVERNMENT
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Elderly People Ordinance dated April 28, 2000;
Considering the proposal of the Minister of Labor, Invalids, and Social Affairs,
DECREE:
PART I
GENERAL PROVISIONS
Article 1.
1.Vietnamese elderly persons are citizens of the Socialist Republic of Vietnam whoare 60 years old or older.
2.Vietnamese elderly persons residing abroad and foreign elderly persons living andworking in Vietnam shall also be subject to the provisions of Article 13, Clause 1of Article 14, Article 21, and Article 24 of the Elderly People Ordinance.
Article 2.
1.Subjects with the obligation to support elderly persons include spouses, biologicalchildren, legally adopted children, daughters-in-law, sons-in-law, and grandchildrenof the elderly person (grandchildren of grandparents on both sides).
2.Elderly persons who are alone, without support, without income sources, andelderly persons with severe disabilities whose families are in poverty shall beassisted by the State and society.
Article 3The State and society have the responsibility to care for and promote the role ofelderly persons in the cause of building and defending the country; organize toencourage families and society to contribute to the cause of caring for andpromoting the role of elderly persons.
Article 4.Elderly persons have the responsibility to set good examples in cultivating moralcharacter and complying with laws; educate young generations to preserve andpromote fine traditions of the nation; strive to become exemplary elderly persons.
Chapter II
SUPPORTING AND CARING FOR ELDERLY PERSONS
Article 5.
1.Subjects with the obligation to support elderly persons have the responsibility tofulfill all obligations as prescribed in Articles 9 and 10 of the Elderly PeopleOrdinance.
2.In cases where subjects supporting elderly persons entrust individuals or servicedorganizations to care for elderly persons as prescribed in Article 11 of theElderly People Ordinance, they must clearly agree on the content, duration ofcare; maintenance costs, healthcare expenses, and wages.
Article 6.
1.Elderly persons who are alone, without support, without income sources shall bereceived social assistance from the State or be cared for at social welfare facilitiesand when deceased, burial fees shall be provided according to the provisions ofArticles 7, 10, and 11 of Decree No. 07/2000/NĐ-CP of the Government dated March9, 2000 on social relief policies; they shall be entitled to medical examinationand treatment according to the provisions of Article 3 of Decree No. 95/CP of theGovernment dated August 28, 1994 on partial payment of hospital fees.
2.Elderly persons with disabilities who belong to poor households shall beconsidered for social assistance in the community.
3.Elderly persons who still have a spouse but are frail, have no children or grandchildsto rely on, and have no income sources shall be considered for assistance programsas prescribed in Clause 1 of this Article.
4.Elderly persons aged 90 or older, if they do not have pensions or other socialassistance benefits, shall receive monthly social assistance from local governmentbudgets.
Article 7. Elderly persons are exempt from contributing to social and community activities,except in cases where elderly persons voluntarily participate.
Article 8.Managers of transportation means and cultural, sports facilities must prioritizearranging appropriate seating for elderly persons when participating in publictransportation and cultural, sports activities.
Article 9.Elderly persons shall be provided health care services according to the Law onPeople's Health Protection dated July 11, 1989.
Elderly persons shall enjoy priority services when seeking medical treatment athealthcare facilities according to Decree No. 23/HĐBT of the Council of Ministers(now the Government) dated January 24, 1991 on the Medical Examination andTreatment Regulations and Rehabilitation.
Elderly persons aged 100 or older shall be issued free health insurance cards.
Article 10.People's Committees at all levels shall create favorable conditions regardingfacilities, equipment, and means according to the actual capacity of their localitiesfor elderly persons to participate in physical exercise, sports training, healthpreservation exercises, and cultural activities suitable to their physical andpsychological conditions.
Depending on their own capabilities, each year, People's Committees at the communelevel shall organize practical birthday celebrations for elderly persons.
Chapter III
PROMOTING THE ROLE OF ELDERLY PERSONS
IN THE CAUSE OF BUILDING AND DEFENDING THE COUNTRY
Article 11.
1.The State encourages elderly persons to contribute their experiences andknowledge to the cause of building and defending the country; elderly persons whodirectly organize income-generating activities and employment shall be providedloans with preferential interest rates and tax exemptions according to currentlaws.
2.Depending on their own capabilities, elderly persons may choose and participatein activities prescribed in Article 24 of the Elderly People Ordinance throughlocal Elderly Associations and professional social organizations.
Article 12Elderly persons who directly establish cultural, sports, educational, and servicesfacilities serving elderly persons without profit-making objectives shall beencouraged by the State and exempted or reduced from taxes according to currentlaws.
Article 13. Central and commune-level Elderly Associations shall establish Care Funds forElderly Persons according to Decree No. 177/1999/NĐ-CP of the Government datedDecember 22, 1999 on the Organization and Operation Regulations of SocialFunds and Charity Funds.
Chapter IV
RESPONSIBILITIES OF STATE AGENCIES
Article 14.
1.The Ministry of Labor, Invalids, and Social Affairs shall perform state managementfunctions concerning elderly persons; take the lead and coordinate with relevantministries and sectors to issue or submit to the Government for issuance ofregimes and policies for elderly persons; organize and manage social welfarecenters.
2.The Ministry of Health shall be responsible for state management of health care forelderly persons according to the provisions of Articles 14, 15, and 16 of theElderly People Ordinance and Article 9 of this Decree.
3.The Ministry of Construction shall take the lead and coordinate with relevantministries and sectors to issue normative documents on design, construction, orimprovement of public facilities to meet the needs of elderly persons' activitiesand elderly care work.
4.The Ministry of Culture, Sports, and Tourism shall take the lead and coordinatewith the Sports Management Committee to guide propaganda, encouragement, andcreation of conditions for elderly persons to participate in cultural andphysical-sports activities.
5.The Ministry of Finance shall take the lead and coordinate with relevant ministriesand sectors to guide the establishment, development, and operation of ElderlyCare Funds; allocate funds to support the activities of Elderly Associations.
6. The Ministry of Education and Training shall take the lead and coordinate withrelevant ministries and sectors to organize and guide regular education forelderly people.
7. Ministries, ministerial-level agencies, and government agencies within the scopeof their assigned tasks and authority shall be responsible for state managementin accordance with Articles 25 and 29 of the Elderly People Ordinance.
Article 15.
1. People's Committees at all levels shall be responsible for implementing policiesand benefits for elderly people, understanding the quantity and quality of elderlypeople, and mobilizing the public to care for, support, and promote the role ofelderly people.
2. Based on the provisions of the Elderly People Ordinance, each year, the People'sCommittees of provinces and centrally governed cities shall develop financialplans and budget estimates to support practical activities of elderly peoplewithin their jurisdiction.
Chapter V
IMPLEMENTING PROVISIONS
Article 16. This Decree takes effect fifteen days after its signing date.
All previous regulations that conflict with this Decree are hereby abolished.
Article 17The Ministry of Labor, Invalids and Social Affairs, the Ministry of Health, theMinistry of Culture, Sports and Tourism, the Ministry of Finance, the Ministry ofConstruction, the Ministry of Education and Training, the Ministry of Transport,the Committee for Physical Culture and Sports, relevant ministries andsectors, and People's Committees of provinces and centrally governed citiesshall be responsible for guiding the implementation of this Decree.
Article 18The Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.
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