Decree No. 67/2007/ND-CP On Social Assistance Policies for Beneficiaries

DECREE

Regarding social assistance policies for beneficiaries of social protection

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THE GOVERNMENT

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

Pursuant to the Law on State Budget dated December 16, 2002;

Pursuant to the Law on Protection, Care and Education of Children dated June 15, 2004;

Pursuant to the Law on Prevention and Control of Human Immunodeficiency Virus (HIV)/Acquired Immunodeficiency Syndrome (AIDS) dated June 29, 2006;

Pursuant to the Ordinance on Persons with Disabilities dated July 30, 1998;

Pursuant to the Ordinance on the Elderly dated April 28, 2000;

Pursuant to the Ordinance on Flood and Storm Prevention and Control dated August 24, 2000;

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

DECREE:

PART I

GENERAL PROVISIONS

Article 1. This Decree stipulates the policies and support systems for socially disadvantaged groups collectively referred to as social protection beneficiaries.

Article 2. Support measures for social protection beneficiaries shall be implemented fairly, transparently, promptly, accurately targeting the intended recipients, and primarily within their families and communities. The level of support will vary based on the minimum living standards of the population.

Article 3. The State encourages and creates conditions for political organizations, socio-political organizations, economic organizations, socio-political-professional organizations, social organizations, socio-professional organizations; domestic individuals; foreign organizations and individuals; overseas Vietnamese to voluntarily assist social protection beneficiaries.

Chapter II

SOCIAL PROTECTION BENEFICIARIES

Article 4. Social protection beneficiaries eligible for monthly allowances managed by communes, wards, towns include:

1. Orphans without both parents, abandoned children, or children deprived of care sources; children orphaned of one parent but the remaining parent is missing according to Article 78 of the Civil Code or lacks the capacity or ability to raise them according to the law; children whose parents are serving prison sentences and have no caregivers; children infected with HIV/AIDS from poor households.

Minors aged between 16 and under 18 years old who are attending school and have circumstances similar to those mentioned above.

2. Elderly persons living alone, from poor households; elderly persons who still have spouses but are frail and have no children, grandchildren, or relatives to rely on, from poor households (as defined by the Government for each period).

3. Individuals aged 85 years or older without pensions or social insurance benefits.

4. Severely disabled individuals unable to work or self-care, from poor households.

5. Individuals suffering from mental illness, including schizophrenia and chronic mental disorders treated multiple times by specialized mental health institutions but not improved.

6. Individuals infected with HIV/AIDS unable to work, from poor households.

7. Families or individuals fostering orphans or abandoned children.

8. Households with two or more severely disabled members unable to self-care.

9. Single individuals from poor households raising children under 16 years old; if the child is attending school, the age limit extends to 18 years old.

Article 5. Social protection beneficiaries specified in Clauses 1, 2, 4, 5, and 6 of Article 4 of this Decree, who are particularly difficult to live independently, may be considered for admission to social protection facilities or community homes.

Article 6.

1. Those eligible for one-time emergency assistance include individuals or households facing difficulties due to natural disasters or other unforeseen circumstances, including:

a) Households with deceased or missing members;

b) Households with seriously injured members;

c) Households with collapsed, submerged, drifted, burned, or severely damaged houses;

d) Households losing means of production and falling into poverty;

đ) Households urgently evacuated due to landslide or flash flood risks;

e) Individuals experiencing famine due to lack of food;

g) Individuals encountering accidents outside their residential areas resulting in serious injuries, with families unaware to provide care;

h) Individuals begging while waiting to return to their residential areas.

2. Commune People's Committees, hospitals, and agencies responsible for organizing funerals for individuals who died in accidents outside their residential areas, where families are unaware to arrange burials.

Chapter III

REGULAR SUPPORT SYSTEMS

Article 7.

1. The standard level for determining the monthly social allowance is set at 120,000 VND (coefficient 1); when the minimum living standard changes, the social allowance standard will also be adjusted accordingly.

2. The lowest monthly social allowances for each group of social protection beneficiaries as stipulated in this Decree are as follows:

Table 1.

The lowest monthly social allowance for social protection beneficiaries living in the community managed by communes, wards

Unit: thousand VND

Allowance

Table 2

The lowest monthly social allowance for social protection beneficiaries living in the community managed by communes, wards

 Unit: thousand VND

Beneficiaries specified in Clauses 1, 2, and 6 of Article 4

Table 3

Mức trợ cấp nuôi dưỡng hàng tháng thấp nhất cho các đối tượng bảo trợ xã hội

residing at social welfare facilities:

Allowance

Article 8. The subjects mentioned in Clauses 1, 2, 3, 4, 5, 6; orphaned children, abandoned children being fostered by families or individuals specified in Clause 7; disabled persons within households specified in Clause 8; children of single parents specified in Clause 9 of Article 4 of this Decree shall be provided with health insurance cards pursuant to Decree No. 63/2005/NĐ-CP dated May 16, 2005 of the Government promulgating the Health Insurance Regulations or shall be entitled to free medical examination and treatment at public healthcare facilities pursuant to Article 18 of Decree No. 36/2005/NĐ-CP dated March 17, 2005 of the Government detailing implementation of certain provisions of the Law on Protection, Care and Education of Children.

Article 9.

1. Children aged 13 years and older residing at social welfare facilities, community homes, who are no longer studying culture shall be introduced to vocational training institutions for vocational training in accordance with current State regulations.

2. Orphaned children who have reached adulthood but are not continuing their education or vocational training; disabled persons who have recovered their functions; mentally ill persons who have stabilized and are residing at social welfare facilities shall be returned to their place of origin (the locality where the subject resided before entering the social welfare facility). The People's Committee of the commune and the family shall be responsible for receiving them and creating conditions for them to find employment and stabilize their lives.

3. Abandoned children residing at social welfare facilities who have reached adulthood but are not continuing their education or vocational training shall be supported by the social welfare facility and the locality where the facility is located to create job opportunities, housing, and continue providing allowances until they can independently support themselves, but not exceeding 24 months.

Article 10. In addition to monthly allowances stipulated in Article 7 of this Decree, the subjects mentioned in Clauses 1, 2, 3, 4, 5, 6; orphaned children, abandoned children being fostered by families or individuals specified in Clause 7; disabled persons without self-care capacity within households specified in Clause 8; children of single parents specified in Clause 9 of Article 4 of this Decree shall also be entitled to additional assistance as follows:

1. Subjects currently studying culture or vocational training shall be exempted or granted reduced tuition fees and provided with textbooks, notebooks, and learning materials in accordance with the law.

2. Upon death, funeral expenses shall be subsidized at a level of VND 2,000,000 per person.

3. Subjects residing at state-managed social welfare facilities, in addition to the assistance stipulated in Clauses 1 and 2 of this Article, shall also be entitled to:

a) Allowance for purchasing personal items and daily necessities;

b) Allowance for purchasing common medications; specifically, HIV/AIDS patients shall be supported for opportunistic infection treatment at a level of VND 150,000 per person per year;

c) Personal hygiene allowance monthly for female subjects of reproductive age.

Article 11. Based on specific local conditions, the Chairman of the Provincial People's Committee, the Minister of relevant Ministries, the Head of relevant sectors, and mass organizations at the central level (with social welfare facilities) shall decide on the level of allowances and assistance for social welfare beneficiaries under their management in accordance with actual circumstances, but not lower than the levels prescribed above.

Chapter IV

EMERGENCY ASSISTANCE REGIME

Article 12. The minimum emergency assistance level for the subjects specified in Article 6 of this Decree is as follows:

1. For households:

a) With a deceased or missing member: VND 3,000,000 per person;

b) With a seriously injured member: VND 1,000,000 per person;

c) With a house collapsed, submerged, floated away, burned, or severely damaged: VND 5,000,000 per household;

d) Households that need urgent relocation due to landslide risk or flash floods: VND 5,000,000 per household.

2. Individuals:

a) Emergency food aid: 15 kg of rice per person per month for a period of 1 to 3 months;

b) Individuals seriously injured outside their residential area, whose families are unaware to care for them: VND 1,000,000 per person;

c) Individuals begging outside their residential area during the period of waiting to be transferred back to their residence: VND 10,000 per person per day, but not exceeding 30 days. In special cases requiring extension, the maximum duration of assistance shall not exceed 3 months, and the assistance amount shall be equivalent to the monthly maintenance allowance at social welfare facilities.

3. For individuals seriously injured outside their residential area, whose families are unaware to bury them, the People's Committee of the commune, hospitals, or organizations shall organize burials, and the organizations organizing the burial shall be subsidized with a minimum of VND 2,000,000 for funeral expenses.

Article 13. Households with the main labor force deceased or missing; households losing production means; households with houses collapsed, submerged, floated away, burned, or severely damaged, falling into a state of hunger due to lack of food, in addition to the assistance stipulated in Article 12 of this Decree, shall be considered for additional assistance as follows until the household escapes poverty:

1. Exemption or reduction of tuition fees for those currently studying culture or vocational training.

2. Entitlement to health insurance cards or free medical examination and treatment at state-run healthcare facilities.

3. Access to preferential loans for production development.

Article 14. The Chairman of the Provincial People's Committee shall decide on specific assistance levels for the case specified in Sub-clause d of Clause 1 of Article 6 in accordance with actual circumstances and the local government's ability to mobilize resources.

The State encourages localities to increase the level of assistance beyond the minimum stipulated in Article 12 of this Decree.

Chapter V

EXPENSES FOR IMPLEMENTATION

Article 15. The funding for regular assistance in the community; maintenance funding, operational funding, and basic construction investment funding of social welfare facilities and community homes belong to which level shall be guaranteed by the budget of that level according to the current classification of the State Budget Law and guiding documents of the State Budget Law.

Article 16. Social welfare facilities and community homes may accept, use, and manage funds and materials (if any) contributed and donated by organizations and individuals for charitable purposes, ensuring proper use, correct allocation, and financial settlement in accordance with current regulations.

Article 17. The sources of funding for emergency relief include:

1. Local budgets that are self-balanced.

2. Assistance from organizations and individuals within and outside the country directly supporting localities or through the Government and social organizations.

3. In cases where the above sources of funding are insufficient to implement emergency relief, the Chairman of the People's Committee of provinces and centrally governed cities shall report to the Ministry of Labor - Invalids and Social Affairs and the Ministry of Finance for consolidation and proposal to the Prime Minister for consideration and decision on support from the central budget.

Article 18. The preparation of budgets, allocation, implementation, and settlement of funds for implementing social assistance policies shall be carried out in accordance with the provisions of the State Budget Law and guiding documents of the State Budget Law.

Chapter VI

IMPLEMENTATION

Article 19. Responsibilities of Ministries and Sectors

1. The Ministry of Labor - Invalids and Social Affairs shall be responsible for state management of social assistance work and shall have the responsibility to:

a) Take the lead and coordinate with relevant ministries and sectors in guiding the implementation of this Decree;

b) Coordinate with the Ministry of Finance in allocating social assistance funds for ministries, sectors, and localities; inspect the allocation and use of funds for implementing social assistance policies in localities;

c) Take the lead and coordinate with the Ministry of Agriculture and Rural Development, the Ministry of Fisheries, the Ministry of Finance, and the People's Committees of provinces and centrally governed cities in assessing the extent of civilian damage and food shortages caused by natural disasters in localities, compiling and proposing levels of support from the central budget for submission to the Prime Minister for decision;

d) Guide the reduction or exemption of vocational training fees for students under social assistance.

2. The Ministry of Health shall be responsible for directing and organizing guidance on disease prevention, medical examination, and treatment for persons under social assistance, and concluding the health status of disabled persons, mentally ill persons, HIV/AIDS patients, and persons injured by natural disasters to implement social assistance policies.

3. The Ministry of Education and Training shall be responsible for guiding the reduction or exemption of school fees for students under social assistance in accordance with this Decree.

4. The Ministry of Agriculture and Rural Development and the Ministry of Fisheries shall cooperate with the Ministry of Labor - Invalids and Social Affairs to assess the extent of civilian damage and food shortages caused by natural disasters in localities to guide the organization of emergency relief.

5. The Ministry of Finance shall be responsible for allocating social assistance funds for ministries, sectors, and localities according to the current state budget classification and shall cooperate with the Ministry of Labor - Invalids and Social Affairs to inspect the allocation and use of funds for implementing social assistance policies.

6. Relevant ministries and sectors shall, based on their functions and tasks, cooperate with the Ministry of Labor - Invalids and Social Affairs to guide and implement this Decree.

Article 20. Provincial and centrally governed city People's Committees shall be responsible for:

1. Managing social assistance beneficiaries, directing the construction of social assistance facilities and social houses in the locality.

2. Organizing the implementation of social assistance systems for the beneficiaries specified in this Decree.

3. Directing the Department of Labor - Invalids and Social Affairs and other functional agencies in the locality to guide organizations and individuals in assisting social assistance beneficiaries.

4. Allocating funds in the annual local state budget estimate for submission to the same-level People's Council for decision to ensure the implementation of social assistance policies as stipulated in this Decree.

5. Directing, inspecting, and auditing the implementation of social assistance policies in the locality.

Article 21.

1. News agencies, press, radio, and television organizations actively provide information, propaganda, and mobilize the public to implement social assistance policies for social assistance beneficiaries as stipulated in this Decree.

2. Propose the Vietnam Fatherland Front and its member organizations to propagate, mobilize the public, members, and affiliates to contribute and assist social assistance beneficiaries, especially victims of natural disasters.

Chapter VII

REWARD AND VIOLATION HANDLING

Article 22. Organizations and individuals who make significant contributions to social assistance activities for social assistance beneficiaries shall be considered for commendation and rewards in accordance with the law.

Article 23. Organizations and individuals violating the provisions of this Decree shall be subject to disciplinary action, administrative penalties depending on the severity of the violation; if causing material losses, they must compensate in accordance with the law or be held criminally liable.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 24.

1. This Decree shall take effect fifteen days from the date of publication in the Official Gazette.

2. The social allowances and assistance for social assistance beneficiaries specified in this Decree shall be implemented from January 1, 2007.

3. This Decree replaces Decree No. 07/2000/ND-CP dated March 9, 2000 of the Government on social relief policies; Decree No. 168/2004/ND-CP dated September 20, 2004 of the Government amending and supplementing some articles of Decree No. 07/2000/ND-CP dated March 9, 2000 of the Government on social relief policies; Article 6 of Decree No. 55/1999/ND-CP dated July 10, 1999 of the Government detailing the implementation of certain articles of the Ordinance on Disabled Persons; Articles 6 and 9 of Decree No. 30/2002/ND-CP dated March 26, 2002 of the Government detailing and guiding the implementation of certain articles of the Ordinance on the Elderly; Decree No. 120/2003/ND-CP dated October 20, 2003 of the Government amending Article 9 of Decree No. 30/2002/ND-CP dated March 26, 2002 of the Government detailing and guiding the implementation of certain articles of the Ordinance on the Elderly; Article 5 of Decision No. 38/2004/QD-TTg dated March 17, 2004 of the Prime Minister on financial assistance for families and individuals receiving orphaned and abandoned children; Decision No. 16/2004/QD-TTg dated February 5, 2004 of the Prime Minister on assistance for households with two or more members unable to care for themselves due to the consequences of toxic chemicals used by the United States during the Vietnam War; Items 1, 2, and 3 of Article 1 and Items 1, 2, and 3 of Article 2 of Decision No. 313/2005/QD-TTg dated December 2, 2005 of the Prime Minister on certain benefits for HIV/AIDS patients and those directly managing, treating, and caring for HIV/AIDS patients in state social welfare institutions.

Article 25. Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, and Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.