Decision No. 313/2005/QD-TTg On certain benefits for people infected with HIV/AIDS and those directly managing, treating, and caring for people infected with HIV/AIDS in state social welfare institutions

DECISION OF THE PRIME MINISTER

On certain regimes for people infected with HIV/AIDS and those directly managing, treating, and caring for people infected with HIV/AIDS in state social welfare facilities

Article 1. People infected with HIV/AIDS who are no longer capable of working, have no income source, and no place to rely on, voluntarily residing in state social welfare facilities.

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Article 2. Children infected with HIV/AIDS currently being raised in state social welfare facilities.

Considering the proposal of the Minister of Labor, Invalids, and Social Affairs,

DECISION:

Article 1. Scope of application

Article 3. People infected with HIV/AIDS living in the community, managed by communes or wards, who are no longer capable of working, have no income source, and belong to poor households as defined in Decision No. 170/2005/QĐ-TTg dated July 8, 2005.

Article 4. Staff members working in state social welfare facilities directly responsible for managing, treating, and caring for people infected with HIV/AIDS who are exposed to HIV or infected with HIV/AIDS due to occupational accidents or risks.

Article 5. Medical staff directly involved in examining, treating, and caring for people infected with HIV/AIDS in state social welfare facilities.

Article 2. Subsidies and Allowances

Clause 1. The subjects specified in Clause 1 of Article 1 of this Decision shall enjoy the following subsidy and support regimes:

a) The lowest subsistence allowance for maintenance is 140,000 VND/person/month;

b) Subsidies as stipulated in Article 11 of Decree No. 07/2000/NĐ-CP dated March 9, 2000 of the Government on social assistance policies;

c) Support for opportunistic infection treatment at a level of 100,000 VND/person/year.

Clause 2. The subjects specified in Clause 2 of Article 1 of this Decision shall enjoy the lowest subsistence allowance for maintenance at 210,000 VND/child/month and the subsidies and supports stipulated in points b and c of Clause 1 of Article 2 of this Decision.

Clause 3. The subjects specified in Clause 3 of Article 1 of this Decision shall enjoy the lowest regular social assistance subsidy at 65,000 VND/person/month managed by communes or wards.

Clause 4. The subjects specified in Clause 4 of Article 1 of this Decision shall enjoy the regimes according to Decision No. 265/2003/QĐ-TTg dated December 16, 2003 of the Prime Minister on regimes for people exposed to HIV or infected with HIV/AIDS due to occupational accidents or risks.

Clause 5. The subjects specified in Clause 5 of Article 1 of this Decision shall enjoy a 50% allowance based on their current salary grade plus leadership position allowance and seniority allowance exceeding the framework (if applicable).

Clause 1. The funds to implement the subsidy and allowance regimes stipulated in Clauses 1, 2, and 3 of Article 2 of this Decision shall be allocated in the annual social security budget of local governments according to the provisions of the State Budget Law and related implementing documents. Clause 2. The funds to implement the regime stipulated in Clause 4 of Article 2 of this Decision shall be implemented according to Decision No. 265/2003/QĐ-TTg dated December 16, 2003 of the Prime Minister on regimes for people exposed to HIV or infected with HIV/AIDS due to occupational accidents or risks and related guiding documents.

Clause 3. The funds to implement the regime stipulated in Clause 5 of Article 2 of this Decision shall be allocated in the annual state budget according to the provisions of the State Budget Law assigned to the Ministry of Labor, Invalids, and Social Affairs.

Article 3. Sources of Funds

This Decision takes effect 15 days after its publication in the Official Gazette. Previous regulations contrary to the provisions of this Decision are hereby abolished.

Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally-administered city People's Committees are responsible for enforcing this Decision. The Prime Minister on the regime for persons exposed to HIV or infected with HIV/AIDS due to occupational accidents and risks and related guiding documents.

3. The funds for implementing the regime prescribed in Clause 5, Article 2 of this Decision shall be allocated in the annual state budget estimate in accordance with the State Budget Law, assigned to the Ministry of Labor, Invalids, and Social Affairs.

Article 4. Effective date

This Decision takes effect 15 days after its publication in the Official Gazette. Previous regulations that conflict with this Decision are hereby abolished.

Article 5. Responsibilities for Implementation

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decision.