Thông tư 02/2021/TT-BLĐTBXH hướng dẫn Nghị định 20/2021/NĐ-CP chính sách trợ giúp xã hội

CIRCULAR

GUIDING IMPLEMENTATION OF DECREE NO. 20/2021/ND-CP DATED MARCH 15, 2021 OF THE GOVERNMENT ON SOCIAL ASSISTANCE POLICIES FOR SOCIAL PROTECTION BENEFICIARIES

Pursuant to Decree No. 14/2017/ND-CP dated February 17, 2017 of the Government administers functions, tasks, powers, and organizational structure of the Ministry of Labor - War Invalids and Social Affairs;

Pursuant to Decree No. 20/2021/ND-CP dated March 15, 2021 of the Government on social assistance policies for social protection beneficiaries;

At request of Director General of Department of Social Assistance;

Minister of Labor - War Invalids and Social Affairs promulgates Circular guiding implementation of Decree No. 20/2021/ND-CP dated March 15, 2021 of the Government on social assistance policies for social protection beneficiaries (hereinafter referred to as “Decree No. 20/2021/ND-CP”).

Article 1. Scope of regulation and regulated entities

1. This Circular provides guidelines for: ceasing to receive, temporary suspension of monthly social benefits, monthly funding for care and nurture; policies on individuals that require immediate protection; guidelines and training regarding care and nurture affairs, and procedures for converting level and coefficient accordingly.

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Article 2. Ceasing to receive, temporary suspension of monthly social benefits, monthly funding for care and nurture according to Clause 2 Article 8 of Decree No. 20/2021/ND-CP.

1. Beneficiaries ceasing to receive monthly social benefits under Clause 2 Article 8 of Decree No. 20/2021/ND-CP include:

a) Beneficiaries decease or go missing as per the law;

b) Beneficiaries under Article 5 of Decree No. 20/2021/ND-CP are no longer eligible for receiving monthly social benefits;

c) Beneficiaries comply with prison sentences or are subject to decisions of competent authority on ceasing to receive social benefits;

d) Beneficiaries waive policies and/or benefits;

dd) Beneficiaries fail to comply with request of competent authority regarding re-verifying level of disabilities, re-verifying eligibility for receiving social benefits or other information serving management within 3 months from the date on which decisions on suspending social benefits under Point b Clause 3 of this Article are issued.

2. Ceasing to provide monthly funding for care and nurture for providers of care and nurture when:

a) Beneficiaries or providers of care and nurture decease or go missing as per the law; or

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c) Providers of care and nurture are no longer eligible according to Article 22 and Article 23 of Decree No. 20/2021/ND-CP; or

d) Providers of care and nurture are met with penalties for administrative violations in social assistance, protection and children protection, care or are convicted by legally effective judgments.

3. Suspending social benefits and monthly funding for care and nurture when:

a) Beneficiaries fail to receive policies for 3 months consecutively; or

b) Beneficiaries fail to comply with request of competent authority regarding re-verifying level of disabilities, re-verifying eligibility for receiving social benefits or other information serving management of beneficiaries; or

c) Beneficiaries are detained for at least 1 month in case the beneficiaries are receiving monthly social benefits.

4. Officials in charge of Labor – War Invalids and Social Affairs of communes shall produce list of beneficiaries under Clause 1, Clause 2, and Clause 3 of this Article, send to and request Chairpersons of People’s Committees of communes to submit to Departments of Labor – War Invalids and Social Affairs to consolidate, appraise, and present decisions on ceasing to receive, suspension of social benefits and/or monthly funding to Chairpersons of People’s Committees of districts.

Article 3. Policies for individuals that require immediate protection under Clause 2 Article 18 and Clause 2 Article 19 of Decree No. 20/2021/ND-CP

1. Allowances while living in households that provide care and nurture: VND 60,000/person/day.

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In case of individuals having health insurance cards, comply with regulations and law on health insurance cards. In case of individuals having no health insurance cards, receive medical examination and treatment costs equal to amount covered by respective health insurance.

3. Costs for transporting beneficiaries to residence or to social assistance facilities: Cover according price of common public transport in local area. In case of using vehicles of agencies or entities, covered amount shall equal 0.2 liters of gasoline/km based on actual distance of travel and gasoline price at the time of transport. In case of renting other vehicles, cover vehicle rental price under agreement based on local price at the time of rental.

Article 4. Guidelines and training for provision of care and nurture for social protection beneficiaries in the community according to Clause 3 Article 20 of Decree No. 20/2021/ND-CP

1. Households and individuals providing care and nurture for social protection beneficiaries shall receive guidelines and training for provision of care and nurture as follows:

a) Appropriate diet;

b) Arrangement of accommodations, personal routine assistance;

c) Psychology and biology consulting and assessment;

d) Relevant policies, regulations and law;

dd) Other relevant professional affairs.

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Article 5. Procedures for converting level and coefficient corresponding to beneficiaries under Clause 1 Article 37 of Decree No. 20/2021/ND-CP

1. Bureau of Labor - War Invalids and Social Affairs shall review, produce list of beneficiaries that are receiving social benefits and monthly funding for care, nurture and submit to Chairpersons of People’s Committees of districts to decide to pay according to Decree No. 20/2021/ND-CP from July 1, 2021.

2. Heads of social assistance facilities and social houses shall consolidate, submit reports to competent agencies capable of guaranteeing expenditure, and implement care, nurture policies according to Decree No. 20/2021/ND-CP from July 1, 2021.

Article 6. Responsibilities of agencies

1. People’s Committees of communes are responsible for

a) managing local social protection beneficiaries via documents, software or electronic database;

b) reviewing and requesting Bureau of Labor – War Invalids and Social Affairs to consolidate, requesting Chairpersons of People’s Committees of districts to decide to allow beneficiaries under Clause 3 Article 2 hereof to cease or continue to receive social benefits and/or monthly funding for care, nurture;

c) consolidating, submitting periodic reports on implementation results of social assistance policies and attaching schedules on policy implementation results using forms No. 10a, 10b, 10c, and 10d attached to Decree No. 20/2021/ND-CP to Bureau of Labor – War Invalids and Social Affairs and People’s Committees of districts before June 15 and December 15 each year;  

d) managing operations of social assistance facilities and social houses established by commune governments, and cooperating with local social assistance facilities and social houses according to regulations and law on social assistance facilities.

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a) managing local social protection beneficiaries via documents, software or electronic database;

b) guiding, organizing implementation, inspecting and supervising commune governments in identifying and managing beneficiaries; organizing implementation social assistance policies;

c) guiding, inspecting and supervising organization of payment services for paying for beneficiaries;

d) consolidating, submitting periodic reports on implementation results of social assistance policies and attaching schedules on policy implementation results using forms No. 10a, 10b, 10c, and 10d attached to Decree No. 20/2021/ND-CP to Department of Labor – War Invalids and Social Affairs and People’s Committees of provinces before June 30 and December 31 each year;  

dd) managing social assistance facilities and social houses established by district governments according to regulations and law on social assistance facilities.

3. People’s Committees of provinces are responsible for

a) organizing implementation of policies; allocating expenditure; deciding on payment method; inspecting, investigating, and conducting other tasks relating to implementation of social assistance policies according to Article 36 of Decree No. 20/2021/ND-CP;

b) based on socio-economic conditions of provinces, request People's Councils of the same levels to decide on standard social assistance amount and social assistance amount applicable in provinces greater than standard social assistance amount and social assistance amount under Decree No. 20/2021/ND-CP; deciding on other individuals who face difficulties, are not specified under Decree No. 20/2021/ND-CP and receive social assistance policies, which include beneficiaries that are persons with disabilities who are third generations of partisans affected by toxic chemicals;

c) implementing application of information technology in online registration, online approval and connection of online public services in resolving, paying under policies and managing beneficiaries; developing database on social protection beneficiaries; consolidating and sending beneficiaries’ information to Ministry of Labor – War Invalids and Social Affairs (via Ministry’s website) regularly or irregularly as per the law.

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dd) managing social assistance facilities and social houses established by provincial governments according to regulations and law on social assistance facilities.

Article 7. Entry into force

1. This Circular comes into force after 45 days from the date of signing. Policies under this Circular shall be applicable from July 1, 2021.

2. Joint Circular No. 29/2014/TTLT-BLDTBXH-BTC dated October 24, 2014 of Ministry of Labor - War Invalids and Social Affairs and Ministry of Finance guiding implementation of Decree No. 136/2013/ND-CP dated October 21, 2013 of the Government; Joint Circular No. 06/2015/TTLT-BLDTBXH-BTC dated May 12, 2015 of Ministry of Labor - War Invalids and Social Affairs and Ministry of Finance on amendment to Clause 2 and Clause 4 Article 11 of Joint Circular No. 29/2014/TTLT-BLDTBXH-BTC expire from the effective date hereof.

3. Difficulties that arise during the implementation of this Circular should be reported to the Ministry for consideration./.

PP. MINISTER
DEPUTY MINISTER




Nguyen Van Hoi