Circular No. 30/2005/TT-BLDTBXH guiding the implementation of certain provisions of Decree No. 30/2002/NĐ-CP dated March 26, 2002, and Decree No. 120/2003/NĐ-CP dated October 20, 2003, of the Government stipulating and guiding the implementation of certain provisions of the Ordinance on the Elderly.

CIRCULAR

 Guidelines for Implementing Certain Provisions of Decree No. 30/2002/NĐ-CP dated March 26, 2002 and Decree No.

120/2003/NĐ-CP dated October 20, 2003 of the Government on and guiding the implementation of certain provisions of the Elderly People Ordinance age

Pursuant to Decree No. 30/2002/NĐ-CP dated March 26, 2002 and Decree No. 120/2003/NĐ-CP dated October 20, 2003 of the Government on and guiding the implementation of certain provisions of the Elderly People Ordinance, the Ministry of Labor, Invalids and Social Affairs guides the implementation of certain provisions of these Decrees as follows:

I. APPLICABLE OBJECTS

Elderly people are Vietnamese citizens aged 60 years and over; elderly people are foreigners residing and working in Vietnam.

II. HEALTH CARE REGIME

Elderly people aged 90 years and over shall be provided with free health insurance cards with a value equivalent to that of the poor or free medical examination and treatment according to the actual payment mechanism at healthcare facilities specified in Article 1 of Decision No. 139/2002/QĐ-TTg dated October 15, 2002 of the Prime Minister on medical examination and treatment for the poor.

III. SOCIAL ASSISTANCE REGIME

1. Elderly people who are alone without support, without income sources shall receive monthly social assistance in the community or be cared for in social welfare institutions under state management from local government budgets: the level of assistance is equal to those defined for social groups under Decree No. 168/2004/NĐ-CP dated September 20, 2004 of the Government amending and supplementing some provisions of Decree No. 07/2000/NĐ-CP dated March 9, 2000 of the Government on social relief policies (hereinafter referred to as Decree No. 168/2004/NĐ-CP and Decree No. 07/2000/NĐ-CP); elderly people cared for in social welfare institutions also receive assistance for personal items, daily living supplies, common medicines, and funeral expenses upon death as stipulated in Decree No. 07/2000/NĐ-CP.

2. Elderly people aged 90 years and over without pensions or social assistance shall receive monthly social assistance in the community from local government budgets; the level of assistance is equal to those defined for social groups under Decree No. 168/2004/NĐ-CP.

3. Elderly people with disabilities and families in poverty shall be considered for monthly social assistance in the community from local government budgets; the level of assistance is equal to those defined for social groups under Decree No. 168/2004/NĐ-CP.

4. Elderly people who still have spouses but are frail, without caregivers, or have caregivers but they are unable to provide care, and without income sources shall be considered for monthly social assistance in the community from local government budgets; the level of assistance is equal to those defined for social groups under Decree No. 168/2004/NĐ-CP.

5. Procedures, processes, and authorities responsible for reviewing persons eligible for social assistance shall be carried out in accordance with Circular No. 18/2000/TT-BLDTBXH dated July 28, 2000 and Circular No. 16/2004/TT-BLDTBXH dated November 12, 2004 of the Ministry of Labor, Invalids and Social Affairs guiding the implementation of Decree No. 07/2000/NĐ-CP and Decree No. 168/2004/NĐ-CP.

IV. OTHER PREFERENTIAL REGIMES

1. Persons entitled to preferential treatment shall be exempted from contributions to social activities such as: Disaster Prevention Fund, National Defense Security Fund, Social Charity Fund pursuant to Decree No. 177/1999/NĐ-CP dated December 22, 1999 of the Government on the establishment and operation of Social Funds, Charity Funds, and other contributions in the locality where elderly people reside, except in cases where elderly people voluntarily contribute.

2. When participating in public transportation and cultural, sports activities, elderly persons are given priority seating arrangements suitable to their needs by the managers of transportation vehicles and cultural, sports facilities.

3. Local People's Committees at all levels shall create favorable conditions for elderly people regarding sports fields, equipment, and means of transportation for physical exercise, health maintenance, culture, suitable to the psychology and capacity of elderly people. The People's Committee at the commune level shall organize practical birthday celebrations for elderly people in accordance with local realities and customs.

4. When directly organizing income-generating activities and employment, elderly people shall be facilitated by the People's Committee at the commune level to borrow funds with preferential interest rates according to the State credit policy and tax exemptions as prescribed by current laws.

V. IMPLEMENTATION

1. The People's Committee at the commune level shall be responsible for developing annual plans to assist elderly people; compile lists of elderly people eligible for social assistance through the Review Board, and propose decisions by the People's Committee at the district level according to the guidance forms in Circular No. 18/2000/TT-BLDTBXH dated July 28, 2000 of the Ministry of Labor, Invalids and Social Affairs.

2. The Department of Labor, Invalids and Social Affairs or the Department of Internal Affairs and Social Services at the district level; Social Welfare Institutions; the Department of Labor, Invalids and Social Affairs shall perform their responsibilities as prescribed in Circular No. 18/2000/TT-BLDTBXH dated July 28, 2000 of the Ministry of Labor, Invalids and Social Affairs.

This Circular replaces Circular No. 16/2002/TT-BLDTBXH dated December 9, 2002 of the Ministry of Labor, Invalids and Social Affairs and takes effect 15 days after its publication in the Official Gazette.

Any previous regulations contrary to this Circular are hereby abolished.

4. In the course of implementation, if there are difficulties, please promptly report them to the Ministry of Labor, Invalids and Social Affairs for research, consideration, and resolution./.