Law on Elderly People No. 39/2009/QH12

LAW

ELDERLY PERSONS 

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 as amended and supplemented by Resolution number 51/2001/QH10;

The National Assembly promulgates the Law on Elderly Persons.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates the rights and obligations of elderly persons; the responsibilities of families, the State, and society in supporting, caring for, and promoting the role of elderly persons; the Vietnam Association of the Elderly.

Article 2. Elderly Persons

An elderly person under this Law is a Vietnamese citizen aged 60 years or older.

Article 3. Rights and Obligations of Elderly Persons

1. Elderly persons have the following rights:

a) To be guaranteed basic needs for food, clothing, housing, transportation, and health care;

b) To decide to live with children or grandchildren or to live alone according to their wishes;

c) To be given priority when using services as prescribed by this Law and other relevant laws;

d) To be provided opportunities to participate in cultural, educational, physical exercise, sports, entertainment, travel, and rest activities;

đ) To be provided opportunities to work in accordance with their health, profession, and other conditions to promote the role of elderly persons;

e) To be exempted from contributions to social activities, except in cases of voluntary contributions;

g) To be given priority in receiving financial and material assistance, healthcare, and accommodation aimed at alleviating initial difficulties caused by natural disasters or other unforeseeable risks;

h) To join the Vietnam Association of the Elderly in accordance with the Bylaws of the Association;

i) Other rights as prescribed by law.

2. Elderly persons have the following obligations:

a) To set a good example in moral character and exemplary lifestyle; to educate younger generations to preserve and promote fine national traditions; to model compliance with and encourage family and community adherence to Party policies and State laws;

b) To pass on valuable experience to subsequent generations;

c) Other obligations as prescribed by law.

Article 4. State Policies towards Elderly Persons

1. To allocate an appropriate annual budget to implement policies for caring for and promoting the role of elderly persons.

2. Social assistance for elderly persons as prescribed by this Law and other relevant laws.

3. To integrate policies for elderly persons into economic and social development policies.

4. To develop geriatric medicine to meet the needs of elderly persons' medical examinations and treatments; to train caregivers for elderly persons.

5. To encourage and create conditions for elderly persons to maintain their health; to participate in learning, cultural, and spiritual activities; to live in a safe environment and be respected for their dignity; to promote the role of elderly persons in the cause of building and defending the country.

6. To encourage and support agencies, organizations, and individuals to carry out propaganda and education on respecting and being grateful to elderly persons, caring for, and promoting their roles.

7. To commend agencies, organizations, and individuals who have outstanding achievements in caring for and promoting the role of elderly persons.

8. To strictly handle agencies, organizations, and individuals who violate the provisions of this Law and other relevant laws.

Article 5. Responsibilities of Agencies, Organizations, Families, and Individuals

1. Within their respective duties and powers, agencies and organizations are responsible for caring for and protecting the rights and legitimate interests of elderly persons.

2. The Vietnam Fatherland Front and its member organizations, and other organizations are responsible for propaganda and mobilizing the people to enhance their responsibility in caring for and promoting the role of elderly persons; to participate in supervising the implementation of policies and laws on elderly persons.

3. The family of elderly persons has the primary responsibility for supporting elderly persons.

4. Individuals have the responsibility to respect and assist elderly persons.

Article 6. Vietnam Elderly Day

June 6th of each year is Vietnam Elderly Day.

Article 7. Fund for Caring and Promoting the Role of the Elderly

1. The Fund for Caring and Promoting the Role of the Elderly is a social and charitable fund.

2. The Fund for Caring and Promoting the Role of the Elderly is formed from the following sources:

a) Voluntary contributions and sponsorships from organizations and individuals both within and outside the country;

b) Support from the state budget;

c) Other lawful revenues.

3. The establishment, operation, and management of the Fund for Caring and Promoting the Role of the Elderly shall be carried out in accordance with the provisions of the law.

Article 8. International Cooperation on Elderly Issues

1. International cooperation on elderly issues is implemented based on respect for independence, sovereignty, territorial integrity, equality, and compliance with Vietnamese law and international law.

2. Contents of international cooperation on elderly issues include:

a) Building and implementing international cooperation programs and projects on elderly issues;

b) Participating in international organizations; signing, joining, and implementing international treaties and agreements related to the elderly;

c) Exchanging information and experiences on caring for and promoting the role of the elderly.

Article 9. Prohibited Acts

1. Insulting, mistreating, offending, abusing, discriminating against the elderly.

2. Infringing upon and obstructing the elderly's rights to marriage, property ownership, and other lawful rights.

3. Failing to fulfill the duty of supporting the elderly.

4. Exploiting care and support for the elderly for personal gain.

5. Forcing the elderly to work or perform tasks contrary to the law.

6. Pressuring, inciting, or assisting others to commit acts violating the law against the elderly.

7. Retaliating against or threatening those who help the elderly or report violations against the elderly.

CHAPTER II

SUPPORTING AND CARING FOR THE ELDERLY

Section 1

SUPPORTING THE ELDERLY

Article 10. Duties and Rights of Supporting the Elderly

1. Supporting the elderly involves providing spiritual and material care to meet their basic needs for food, clothing, shelter, mobility, health care, and entertainment, leisure, information, communication, and education.

2. Those with the duty and right to support the elderly are the children, grandchildren of the elderly, and other persons obligated to provide maintenance and alimony under the law on marriage and family.

3. Depending on specific circumstances, those with the duty and right to support the elderly must arrange suitable accommodation according to the elderly's health and psychological conditions; provide economic support; cover medical treatment and healthcare costs when the elderly are ill; and handle funeral arrangements when the elderly pass away.

4. Those with the duty and right to support the elderly must cooperate in fulfilling their duties towards the elderly.

5. Encouragement is given to organizations and individuals not covered by Clause 2 of this Article to participate in supporting the elderly.

Article 11. Delegation of Care for the Elderly

1. If those with the duty and right to support the elderly cannot directly care for the elderly, they may delegate such care to individuals or organizations providing elderly care services, but only with the elderly's consent.

Delegation of care for the elderly is conducted through a service contract between those with the duty and right to support the elderly and the individual or organization providing the service.

2. Individuals or organizations delegated to provide care for the elderly have the responsibility to fully fulfill their commitments under the service contract with the delegator.

3. The elderly have the right to request those with the duty and right to support them to change the individual or organization providing delegated care.

4. The Government shall provide detailed regulations on this matter.

Section 2

HEALTH CARE FOR THE ELDERLY 

Article 12. Medical Examination and Treatment

1. The priority for medical examination and treatment for the elderly shall be implemented as follows:

a) Persons aged 80 years and above shall be given priority for medical examination before other patients, except for emergency cases, children under six years old, and severely disabled persons;

b) Arrange appropriate beds for inpatient treatment.

2. Hospitals, excluding pediatric hospitals, shall have the following responsibilities:

a) Organize geriatric departments or allocate some beds for treating elderly patients;

b) Restore health for elderly patients after acute hospitalization and guide continued treatment and care at home;

c) Combine traditional medicine methods with modern medicine, and guide non-pharmacological treatment methods at primary healthcare facilities for elderly patients.

3. The State encourages organizations and individuals to provide free medical examination and treatment for the elderly.

Article 13. Primary Health Care at Place of Residence

1. Health stations at communes, wards, and towns shall have the following responsibilities:

a) Implement various forms of propaganda and dissemination of general knowledge on health care; instruct elderly people on disease prevention, treatment skills, and self-care;

b) Establish files to monitor and manage the health of the elderly;

c) Conduct medical examinations and treatments suitable to their expertise for the elderly;

d) Coordinate with higher-level medical examination and treatment facilities to organize regular health checks for the elderly.

2. Health stations at communes, wards, and towns shall dispatch medical staff to conduct medical examinations and treatments at the place of residence for lonely elderly people suffering from serious illnesses who cannot travel to medical examination and treatment facilities. People's Committees at communes, wards, and towns shall assist in transporting such patients to medical examination and treatment facilities upon request from health stations.

3. The State encourages organizations and individuals to provide medical examination and treatment for the elderly at their place of residence.

4. The budget of the State shall ensure funds for implementing points a, b, and d of Clause 1 and Clause 2 of this Article.

Section 3

CARE FOR THE ELDERLY IN CULTURAL, EDUCATIONAL, SPORTS, RECREATION, TOURISM ACTIVITIES AND PARTICIPATION IN PUBLIC TRANSPORT 

Article 14. Cultural, Educational, Sports, Recreation, and Tourism Activities

1. The State invests and encourages organizations and individuals to invest in building cultural, educational, sports, recreation, and tourism facilities to meet the spiritual needs and physical fitness requirements of the elderly.

2. The State and society shall create favorable conditions for the elderly to engage in learning, research, and participate in cultural, sports, recreational, and tourism activities through the following measures:

a) Provide information, materials, and instructors to enable the elderly to participate in learning and research;

b) Support and guide the elderly to participate in cultural, recreational, and tourism activities, practice health-preserving exercises, and other sports activities suitable to their health and psychology;

c) Support locations, equipment, means of transportation, and other facilities suitable for the activities of the elderly;

d) Encourage businesses and individuals to produce and sell products and goods that meet the needs of the elderly.

3. The Government shall provide detailed regulations on this Article.

Article 15. Public works, public transportation

1. The construction of new or renovation of apartment complexes and other public works must be suitable for the characteristics and usage needs of the elderly.

2. When using public transportation, the elderly shall be assisted and provided with convenient seating.

3. The Government shall provide detailed regulations on this Article.

Article 16. Discounted fares, service charges

The elderly shall be entitled to discounted fares and service charges when using certain services as prescribed by the Government.

Section 4

SOCIAL SUPPORT FOR THE ELDERLY

Article 17. Recipients of social support policies

1. Elderly individuals belonging to poor households without persons obligated to provide maintenance or who have such persons but these persons are receiving monthly social allowances.

2. Individuals aged 80 years or older not falling under the circumstances stipulated in Clause 1 of this Article and without monthly pension or social insurance allowance.

Article 18. Social support policies

1. Elderly individuals specified in Article 17 of this Law shall be entitled to health insurance, monthly social allowances, and funeral expense assistance upon death, except as provided in Clause 2 of this Article.

2. Elderly individuals belonging to poor households without persons obligated to provide maintenance, unable to live in the community, willing, and accepted into social support institutions shall be entitled to the following benefits:

a) Monthly maintenance allowance;

b) Provision of daily living necessities;

c) Health insurance coverage;

d) Supply of common medications;

đ) Provision of assistive devices for functional recovery;

e) Funeral expenses upon death.

3. The Government shall provide detailed regulations on this Article.

Article 19. Care for the elderly in the community

Elderly individuals specified in Clause 2 of Article 18 who are cared for in the community shall be entitled to a monthly maintenance allowance equivalent to that at social support institutions, health insurance coverage, and funeral expense assistance upon death.

Article 20. Elder care facilities

1. Elder care facilities are places providing care, maintenance, counseling, or necessary support conditions for the elderly.

2. Elder care facilities include:

a) Social welfare facilities;

b) Counseling and elderly care service facilities;

c) Other elderly care facilities.

The Government shall detail the establishment and operation of elder care facilities as stipulated herein.

3. The State encourages organizations and individuals to invest in building elder care facilities; to invest in infrastructure and provide funding for operations of public elder care facilities; and to provide funding for non-public elder care facilities maintaining elderly individuals as specified in Clause 2 of Article 18 of this Law.

4. Organizations and individuals contributing or investing in building elder care facilities from their own funds shall enjoy preferential policies according to the laws on encouraging socialization in education, vocational training, healthcare, culture, sports, and environmental activities.

Section 5

CONGRATULATIONS ON LONGEVITY, FUNERAL ARRANGEMENTS

Article 21. Congratulating and celebrating longevity of the elderly

1. Individuals reaching 100 years of age shall be congratulated by the President of the Socialist Republic of Vietnam and presented with gifts.

2. Individuals reaching 90 years of age shall be congratulated by the Chairman of the People's Committee of the province or centrally-administered city and presented with gifts.

3. The People's Committee of communes, wards, towns shall coordinate with local elderly associations and families of the elderly to organize celebrations for the elderly reaching 70, 75, 80, 85, 90, 95, and 100 years of age or more on one of the following days:

a) Vietnamese Elderly Day;

b) International Elderly Day;

c) Lunar New Year;

d) The birthday of the elderly individual.

4. The funds for implementing the provisions of this Article shall be guaranteed by the state budget and contributions from society.

Article 22. Funeral arrangements and burial for elderly persons upon death

1. When an elderly person dies, the person(s) with the duty and right to support the elderly person shall be primarily responsible for organizing the funeral and burial of the elderly person in a solemn, economical manner that ensures cultural practices, except where otherwise provided by law; in cases where the elderly person does not have a person with the duty and right to support them or such person lacks the conditions to organize the funeral and burial, the People's Committee of the commune, ward, town where the elderly person resides shall take the lead in coordinating with the Vietnam Association of the Elderly and other organizations at the local level to organize the funeral and burial.

2. When an elderly person dies, the agency or organization where the elderly person was working or the last place of work, the Vietnam Association of the Elderly, the People's Committee of the commune, ward, town, and other organizations at the local level shall be responsible for coordinating with the family of the elderly person to organize the funeral and burial.

Chapter III

PROMOTING THE ROLE OF ELDERLY PERSONS

Article 23. Activities to promote the role of elderly persons

The State, society, and families shall create favorable conditions for elderly persons to utilize their wisdom, valuable experience, and fine qualities in the following activities:

1. Educating traditional values of unity, patriotism, love for people and nature;

2. Building a cultural lifestyle; preserving and promoting ethnic cultural identity at the grassroots and community levels; participating in educational campaigns, talent development initiatives, education and training support, and other movements aimed at fostering virtuous and talented individuals within the community;

3. Passing on skills, experiences, economic, cultural, social, scientific, technological knowledge, and traditional trades to younger generations;

4. Researching, educating, training, applying science and technology; providing professional and technical advice;

5. Developing the economy, reducing poverty, and legally increasing wealth;

6. Maintaining political security and social order and safety; mediating conflicts and disputes within the community;

7. Implementing laws on grassroots democracy; practicing thrift and combating waste; preventing and combating corruption, bureaucracy; preventing and combating HIV/AIDS and social evils;

8. Contributing opinions to build policies and laws and participating in monitoring the implementation of policies and laws;

9. Other social activities for the benefit of organizations and the people.

Article 24. Responsibilities for Promoting the Role of Elderly Persons

1. The State has the responsibility to implement the following measures to enable elderly persons to play roles commensurate with their capabilities:

a) Creating conditions for elderly persons to express their opinions, wishes, and recommendations to agencies and organizations regarding issues of concern to them;

b) Creating conditions for elderly persons who are scientists, artisans, and others with special skills and experiences, who wish to continue contributing;

c) Providing preferential credit capital for elderly persons directly engaged in production and business to increase income and reduce poverty;

d) Commending and rewarding elderly persons with outstanding achievements.

2. Agencies, the Vietnam Association of the Elderly, other organizations, families, and individuals have the responsibility to create conditions for elderly persons to carry out activities to promote their roles.

Chapter IV

VIETNAM ASSOCIATION OF THE ELDERLY

Article 25. Vietnam Association of the Elderly

1. The Vietnam Association of the Elderly is a social organization representing the aspirations, rights, and legitimate interests of elderly people in Vietnam.

2. The Vietnam Association of the Elderly is organized on a voluntary basis and operates in accordance with the Constitution, laws, and the Charter of the Association.

Article 26. Operating funds of the Vietnam Association of the Elderly

1. The operating funds of the Vietnam Association of the Elderly are formed from the following sources:

a) Support from the state budget;

b) Membership fees of members;

c) Other legitimate sources of income.

2. The Vietnam Association of the Elderly manages and uses the operating funds in accordance with the provisions of the law.

Article 27. Tasks of the Vietnam Association of the Elderly

1. To gather, unite, and encourage elderly people to participate in activities of the Vietnam Association of the Elderly, contributing to implementing economic and social programs, educating young generations, building civilized lifestyles, cultural families, maintaining political security, social order and safety, and protecting the country.

2. To be the core in the nationwide movement for caring for, supporting, and promoting the role of the elderly.

3. To protect the rights and legitimate interests of the elderly.

4. To study the needs and aspirations of the elderly to make recommendations to competent state agencies.

5. To represent Vietnamese elderly people in international organizations and foreign activities for the benefit of the elderly and the country.

CHAPTER V

RESPONSIBILITIES OF STATE AGENCIES

REGARDING THE ELDERLY

Article 28. State management agencies for elderly affairs

1. The Government uniformly manages state affairs concerning the elderly.

2. The Ministry of Labor, Invalids, and Social Affairs is responsible before the Government for managing state affairs concerning the elderly.

3. Ministries and agencies at the ministerial level within their respective duties and powers have the responsibility to coordinate with the Ministry of Labor, Invalids, and Social Affairs in managing state affairs concerning the elderly.

4. People's Committees at all levels within their respective duties and powers manage state affairs concerning the elderly; integrate elderly activities into local socio-economic development plans; create conditions for agencies, organizations, and individuals to participate in caring for and promoting the role of the elderly.

Article 29. Responsibilities of ministries and ministerial-level agencies

1. The Ministry of Labor, Invalids, and Social Affairs has the following responsibilities:

a) To draft and submit to competent authorities for promulgation or promulgate within its authority legal normative documents, programs, and plans on elderly affairs;

b) To take the lead and coordinate with ministries, agencies at the ministerial level, government agencies, and provincial-level People's Committees to implement legal normative documents on the elderly, programs, and plans on elderly affairs;

c) To inspect and supervise the implementation of laws on the elderly;

d) To implement international cooperation on the elderly;

đ) To implement reporting work on the elderly;

e) To coordinate with the Ministry of Planning and Investment to conduct statistics on the elderly;

g) To take the lead and coordinate with ministries and agencies at the ministerial level to issue and implement regulations on training personnel working with the elderly;

h) To take the lead and coordinate with the Ministry of Health to establish standards and training for caregivers of the elderly;

i) To take the lead and coordinate with ministries, agencies at the ministerial level, government agencies, and provincial-level People's Committees to plan elderly care facilities nationwide.

2. The Ministry of Health has the following responsibilities:

a) To guide and organize health care for the elderly at medical examination and treatment facilities and in communities; to guide the management of chronic diseases of the elderly;

b) To develop and implement programs for disease prevention, heart disease, diabetes, Alzheimer's disease, and other chronic diseases, reproductive health issues of the elderly;

c) To train and provide continuing education for doctors and healthcare staff specializing in geriatrics.

3. The Ministry of Home Affairs leads and coordinates with ministries and agencies at the ministerial level to research and submit to the Government for issuance of regulations on the organization, system, and policies for personnel working with the elderly.

4. The Ministry of Finance guides the allocation of the budget to implement policies for caring for and promoting the role of the elderly and supports the operating funds of the Vietnam Association of the Elderly in accordance with the law on the state budget.

5. The Ministry of Planning and Investment reviews and approves according to its authority state projects on caring for and promoting the role of the elderly; takes the lead and coordinates with the Ministry of Labor, Invalids, and Social Affairs to conduct statistics on the elderly.

6. The Ministry of Culture, Sports, and Tourism directs support for the elderly in cultural, physical exercise, entertainment, and tourism activities; cares for and promotes the role of the elderly in the family.

7. The Ministry of Information and Communications directs mass media agencies to promptly and accurately publicize policies and laws regarding the elderly. 

CHAPTER VI

IMPLEMENTING PROVISIONS

Article 30. Effective Date

1. This Law shall take effect from July 1, 2010.

2. The social assistance policy for the elderly stipulated in Clause 2 of Article 17 of this Law shall be implemented from January 1, 2011.

3. Decree No. 23/2000/PL-UBTVQH10 on the Elderly shall cease to be effective from the date this Law takes effect.

The current social assistance policy for those aged 85 and above without pension or social insurance benefits shall continue to be implemented until December 31, 2010.

Article 31. Detailed regulations and guidance on implementation

The Government shall provide detailed regulations and guidance on the implementation of the provisions assigned in this Law; provide guidance on other necessary contents of this Law to meet the requirements of state management.