Circular No. 36/2005/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 Elderly People Ordinance.

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

and guiding the implementation of certain provisions of the Elderly People Ordinance

implement certain provisions of the Ordinance on the Elderly

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

An elderly person is a Vietnamese citizen aged 60 years or older; an elderly person is a foreigner residing and working in Vietnam

II. HEALTH CARE REGIME

Elderly persons aged 90 years or older shall be provided with free health insurance cards with a value equivalent to that of the poor or free medical examination and treatment under 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 persons who are alone without support, without income shall receive monthly social assistance in the community or be cared for in social welfare institutions under state management; the level of assistance is equal to those defined in Decree No. 168/2004/NĐ-CP dated September 20, 2004 of the Government amending and supplementing some articles 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); those cared for in social welfare institutions also receive assistance for personal items, daily living supplies, common medicines, and funeral expenses upon death according to Decree No. 07/2000/NĐ-CP.

2. Elderly persons aged 90 years or older without pension or social assistance shall receive monthly social assistance in the community from local budgets; the level of assistance is equal to those defined in Decree No. 168/2004/NĐ-CP.

3. Elderly persons with disabilities whose families are in poverty may be considered for monthly social assistance in the community from local budgets; the level of assistance is equal to those defined in Decree No. 168/2004/NĐ-CP.

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

5. Procedures, sequence, and authorities responsible for reviewing those eligible for social assistance shall implement according to Circular No. 18/2000/TT-BLĐTBXH dated July 28, 2000 and Circular No. 16/2004/TT-BLĐTBXH 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. Elderly persons are exempted from contributions to social activities such as: Disaster Prevention Fund, National Security Fund, Social Welfare Charity Fund according to Decree No. 177/1999/NĐ-CP dated December 22, 1999 of the Government on the issuance of Regulations on the organization and operation of Social Funds, Charity Funds, and other contributions in localities where elderly persons reside, except in cases where elderly persons 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. People's Committees at all levels shall facilitate elderly persons in terms of sports fields, equipment, and means of sports activities suitable to the psychology and capabilities of elderly persons:

People's Committees at the commune level shall organize practical birthday celebrations for elderly persons in accordance with local realities and customs.

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

V. IMPLEMENTATION

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

2. Departments of Labor, Invalids and Social Affairs or Departments of Civil Affairs and Social Work at the district level; social welfare institutions; Departments of Labor, Invalids and Social Affairs shall fulfill their responsibilities as prescribed in Circular No. 18/2000/TT-BLĐTBXH dated July 28, 2000 of the Ministry of Labor, Invalids and Social Affairs.

3. This Circular replaces Circular No. 16/2002/TT-BLĐTBXH dated December 9, 2002 of the Ministry of Labor, Invalids and Social Affairs and shall take 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./.