THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
06/2011/ND-CP
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Hanoi,
January 14, 2011
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DECREE
DETAILING AND GUIDING A NUMBER OF ARTICLES OF THE LAW ON THE
ELDERLY
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on the Elderly;
At the proposal of the Minister of Labor, War Invalids and Social Affairs.
DECREES:
Chapter I
TAKING CARE OF AND
LOOKING AFTER THE ELDERLY
Article 1. Conditions on individuals or organizations that
provide elderly-caretaking services
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a/ Having
lull civil act capacity;
b/ Having
good moral quality, being not infected with social diseases and subject to
penal liability examination or being already sentenced but not yet entitled to
remission of criminal records;
c/ Having
good health and skills to take care of the elderly.
2.
Organizations providing elderly-caretaking services must satisfy the conditions
defined in Article 8 of this Decree.
Article 2. Elderly-caretaking service contracts
1.
Elderly-caretaking service contracts between persons having the obligations and
rights to take care of the elderly and individuals or organizations providing
elderly-caretaking services must be made in writing.
2.
Elderly-caretaking service contracts must comply with the principles of
respecting for and protecting the elderly’s legitimate rights and interests and
be agreed upon by the elderly or their guardians.
3. An
elderly-caretaking service contract must contain the following principal
contents:
a/ Health
conditions and ailments of the elderly:
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c/ The
service charge and payment mode;
d/ The rights
and obligations of the caretakers;
e/ The rights
and obligations of the individual or organization providing care-taking
services;
f/ Other
contents.
4. The
conclusion, performance, modification, supplementation and termination of
elderly-caretaking service contracts shall be agreed upon by involved parties
and comply with current, law.
Article 3. Cultural, educational, sport. physical training,
entertainment and tourist activities
1.
Ministries, ministerial-level agencies. government-attached agencies and
Peoples Committees at all levels shall, within the ambit of their respective
tasks and powers, invest in the construction and renovation of cultural,
educational, sports, physical training, entertainment and tourist
establishments suitable to socio-economic conditions with a view to meeting the
elderly's spiritual and physical training needs.
2.
Organizations or individuals investing in the construction of cultural,
educational, sports, physical training, entertainment and/or tourist
establishments to meet the elderly's spiritual and physical training needs are
entitled to the policies defined in the Government's Decree No.69/200S/ND-CP of
May 30. 2008. on incentive policies for socialization of educational,
vocational training, healthcare, cultural, sports and environmental activities.
3. The Minister
of Culture. Sports and Tourism shall guide the organizations of. and create
conditions for the elderly to participate in. learning, cultural, entertainment
and tourist activities, deep-breathing practices, physical training and sports
activities suitable to their health and psychological conditions, as defined in
Clause 2, Article 14 of the Law on the Elderly.
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1. The
construction and renovation of condominiums and public facilities must comply
with technical regulations on construction and take into due consideration the
characteristics and use needs of the elderly.
2. Mass
transit vehicles must be furnished with instructions and seats reserved for the
elderly and with supporting instruments or assistance suitable to the elderly,
depending on each type of vehicle. Commuters shall assist the elderly when
necessary.
Article 5. Reduction of ticket prices and service charges for
a number of services
1. The
elderly may enjoy at least 15% reduction of ticket prices or service charges
when traveling by passenger ship, train or aircraft.
2. The
elderly may enjoy at least 20% reduction of ticket prices or service charges
upon their visits to cultural or historical relics, museums and scenic places;
their physical training or sport practice at physical training and sport
establishments where tickets are sold or service charges are collected.
3. In order
to enjoy ticket price and service charge reduction under Clauses 1 and 2 of
this Article, the elderly shall produce their people's identity cards or other
valid papers proving they are elderly.
4.
Service-providing agencies, organizations and individuals shall issue separate
price reduction tickets for the elderly.
5. Depending
on practical conditions, ministers, heads of sectors or central organizations',
chairpersons of People's Committees of provinces and centrally run cities
(below referred collectively to as provincial- level People's Committees) shall
decide ticket price and service charge reduction levels within their competence
under Clauses 1 and 2 of this Article.
Article 6. Social security policies
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2. The
minimum monthly social allowance levels for the elderly defined in Article 17
of the Law on the Elderly, who live in a community under the management of the
People's Committee of a commune, ward or township, are as follows:
a/ VND
180,000/person/month (coefficient 1.0) for full 60 to 80 year-old persons of
poor households without persons having the care-taking obligations and rights
or with persons having the care-taking obligations and rights who. however,
currently enjoy monthly social allowances;
b/ VND
270.000/person/month (coefficient 1.5) for full SO and plus-year old persons of
poor households without persons having the care-taking obligations and rights
or with persons having the care-taking obligations and rights who, however,
currently enjoy monthly social allowances;
c/ VND
180.000/person/month (coefficient 1.0) for 80 and plus-year old persons not
defined at Points a and b of Clause 2, this Article, who have no pension,
monthly social insurance allowance or monthly social allowance.
3. VND
360.000/person/month (coefficient 2.0) for persons who arc looked after in
social relief establishments defined in Clause 2. Article 18 of the Law on the
Elderly.
4. VND
360.000/pcrson/month (coefficient 2.0) for persons who are eligible for
admittance into social relief establishments but are looked after in the
community under Article 19 of the Law on the Elderly.
5. The
funeral and burial cost allowance level for the elderly defined in Articles 18
and 19 of the Law on the Elderly is VND 3.000.000. when they die.
6. Depending
on practical conditions of localities or units, ministers, heads of sectors or
central organizations with elderly-caretaking establishments, or chairpersons
of provincial-level People's Committees shall decide on allowance and support
levels for the elderly within their respective competence, which must not be
lower than the levels defined in Clauses 2. 3, 4 and 5 of this Article.
7. If the
elderly are entitled to different monthly allowance levels defined in Clauses
2, 3 and 4 of this Article or different funeral and burial cost allowance
levels, they may only enjoy the highest levels.
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9. The
Minister of Labor, War Invalids and Social Affairs shall prescribe the order,
procedures and dossiers for admission of elderly into social relief
establishments: and provide monthly social allowances and funeral and burial
cost allowances.
Article 7. Longevity congratulations and celebrations
1. Longevity
congratulation and celebration presents are prescribed as follows:
a/ The
Minister of Finance shall prescribe types of presents to be given by the
President of the Socialist Republic of Vietnam to 100 year-old persons,
presents to be given by chairpersons of provincial-level People's Committees to
90 year-old persons and the spending items and levels for organizing longevity
celebrations under Clause 3. Article 21 of the Law on the Elderly;
b/ Depending
on their local practical conditions, chairpersons of provincial-level People's
Committees shall prescribe types of longevity presents for persons aged 70, 75.
80, 85. 95 and over 100 years.
2. Longevity
celebrations will be organized in a solemn and thrifty manner suitable to local
cultural lifestyles, customs and practices.
3. The
Minister of Culture. Sports and Tourism shall detail the organization of
longevity celebrations provided for in Clause 2 of this Article.
Chapter II
ELDERLY-CARETAKING
ESTABLISHMENTS
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1. The
conditions and procedures for establishment, organization, operation and
dissolution of social relief establishments defined at Point a. Clause 2.
Article 20 of the Law on the Elderly comply with the Government's Decree No.
68/2008/ND-CP of May 30. 2008, defining the conditions and procedures for
establishment, organization, operation and dissolution of social relief
establishments.
2. The
conditions and procedures for establishment and dissolution of
elderly-caretaking establishments defined at Points b and c. Clause 2. Article
20 of the Law on the Elderly comply with the law on such type of organizations.
3. The
elderly-caretaking establishments defined at Points b and c, Clause 2, Article
20 of the Law on the Elderly may operate only after they obtain permits for
elderly-caretaking operations.
Article 9. Conditions for obtaining permits for
elderly-caretaking operations
An
elderly-caretaking establishment defined in Clause 2. Article 8 of this Decree
may obtain a permit for elderly-caretaking operations when it fully satisfies
the following conditions:
1. It is
lawfully established.
2. Its head
meets the conditions defined in Clause .Article 1 of this Decree;
3. It has
employees to directly counsel or lake care of the elderly, who satisfy the
requirements set in Clause 1. Article 1 of this Decree;
4. It meets
the conditions on environment, physical foundations and care-taking as well as
nurturing standards defined in Articles 10. 11 and 12 of the Government's
Decree No. 68/ 2008/ND-CP of May 30. 2008, defining the conditions and
procedures for the establishment, organization, operation and dissolution of
social relief establishments.
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1. A permit
for elderly-caretaking operations has the following principal contents:
a/ Name, head
office, telephone number and fax number of the establishment;
b/ Full name
of the establishment head;
c/ Scope and
contents of services provided by the establishment.
2. An
elderly-caretaking establishment must only operate in accordance with the
contents written in its operation permit.
3. When
changing its name, head office, head or scope or contents of services provided,
it must carry out procedures for modification of its permit; in case of change
of form of organization, division, separation, merger or consolidation, it must
carry out procedures to apply for a permit.
4. If its
operation permit is lost or damaged, the establishment may obtain a new one.
Article 11. Competence to grant, suspend and withdraw permits
for elderly-caretaking operations
1.
Provincial-level Departments of Labor. War Invalids and Social Affairs may
grant elderly-caretaking operation permits to the following:
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b/
Establishments set up by foreign organizations or individuals with their head
offices located in the localities;
c/
Establishments set up by provincial-level agencies or organizations.
2.
District-level Sections of Labor, War Invalids and Social Affairs may grant
elderly-caretaking operation permits to other establishments set up by domestic
organizations or individuals, which do not fall into the cases defined in
Clause 1 of this Article and have their head offices based in the localities.
3. Agencies
competent to grant elderly-caretaking operation permits may re-grant, modify,
suspend or withdraw such permits.
Article 12. Dossiers of application for elderly-caretaking
operation permits
1. A dossier
of application for an elderly-caretaking operation permit comprises:
a/ The
establishment's written application for an elderly-caretaking operation permit;
b/ Copy of
the establishment decision or business registration certificate of the
organization or individual that has set up the establishment;
c/ Papers
proving full satisfaction of the conditions defined in Article 9 of this
Decree.
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a/ A written
application for permit modification or re-grant;
b/ Papers
evidencing that the elderly-caretaking operation permit was lost or damaged:
c/ Papers
showing the alteration of the name, head office, establishment head, scope or
contents of services provided.
Article 13. Order and procedures for granting
elderly-caretaking operation permits
1. The order
and procedures for the grant, re-grant and modification of operation permits by
provincial-level Departments of Labor, War Invalids and Social Services comply
with the following regulations:
a/ The
prospective elderly-caretaking establishment compiles and sends a dossier to
the provincial-level Department of Labor, War Invalids and Social Affairs;
b/ Within 15
working days after receiving a complete valid dossier, the provincial-level
Department of Labor, War Invalids and Social Affairs shall grant, re grant or
modify the operation permit.
2. The order
and procedures for the grant, re-grant and modification of operation permits by
district-level Sections of Labor, War Invalids and Social Affairs comply with
the following regulations:
a/ The
prospective elderly-caretaking establishment compiles and sends a dossier to
the district-level Section of Labor, War Invalids and Social Affairs;
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3. If a
dossier of application for an operation permit is incomplete or invalid, the
permit-granting agency shall, within three working days, notify the applicant
thereof for dossier completion.
4. If the
applicant is ineligible for a permit, the permit-granting agency shall, within
five working days, notify the applicant of the reason for its ineligibility.
Article 14. Suspension and withdrawal of elderly-caretaking
operation permits
1.
Elderly-caretaking establishments which, in the course of operation, fail to
fully meet the conditions defined in Article 9 of this Decree, shall be
suspended from operation until the operation conditions are fully met.
2. The
elderly- caretaking operation permit may be withdrawn in the following cases:
a/ It is
granted to the establishment ultra vires or in contravention of law:
b/ The
establishment does not operate within 12 months after obtaining the permit;
c/ The
establishment changes its operation purposes;
d/ The
establishment still fails to fully meet the prescribed conditions after the
suspension duration terminates;
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f/ The
organization or individual that has set up the establishment dissolves or goes
bankrupt while such establishment does not satisfy the law-established
operation conditions.
3.
Elderly-caretaking establishments are obliged to deal with the elderly's
interests when they are suspended from operation or have their operation
permits withdrawn.
Article 15. Liability to suspend and withdraw permits for
elderly-caretaking operations
1. When
detecting cases defined in Clause 2. Article 14 of this Decree,
provincial-level Departments of Labor. War invalids and Social Affairs or
district-level Sections of Labor. War Invalids and Social Affairs shall
withdraw the elderly -caretaking operation permits they have respectively
granted.
2. If
establishments are detected to no longer meet the prescribed conditions, provincial-level
Departments or district-level Sections of Labor. War Invalids and Social
Affairs shall, depending on the nature and severity of violations, issue
decisions on partial or full suspension from elderly-caretaking operations for
given periods of time under the permits they have respectively granted.
Article 16. Incentive policies for investment in the
construction of elderly-caretaking establishments
Investors of
construction of elderly-caretaking establishments arc entitled to incentive
policies under the Government's Decree No. 69/200S/ND-CP of May 30, 2008, on
incentive policies for socialization of educational, vocational training,
healthcare, cultural, sports and environmental activities.
Chapter III
ORGANIZATION OF
IMPLEMENTATION
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1. The
sources of funds for the implementation of social security policies; for
surveys, statistical work, information technology application, management of
beneficiaries of social allowances and for the payment of social allowances
comply with the Government's Decree No. 13/2010/ND-CP of February 27, 2010,
amending and supplementing a number of articles of the Government's Decree No.
67/2007/ND-CP of April 13. 2007. on assistance policies applicable to social
security beneficiaries.
2. Funds for
the realization of other contents not defined in Clause 1 of this Article
comply with the Law on the Elderly and the law on state budget.
Article 18. Implementation responsibilities
1.
Ministries, ministerial-level agencies, government-attached agencies and provincial-
level People's Committees shall, depending on their respective assigned
functions, tasks and powers, organize the implementation of this Decree.
2. The
Ministry of Labor. War Invalids and Social Affairs shall guide the
implementation of. propagate and disseminate policies; conduct surveys and
statistics on the elderly; build management software; promulgate a system of
monitoring and supervision indicators, dossier forms and implement the social
security policies towards the elderly.
Chapter IV
IMPLEMENTATION
PROVISIONS
Article 19. Effect
This Decree
takes effect on March 1, 2011, and replaces the Government' Decree No.
30/2002/ND-CP of March 26, 2002, prescribing and guiding the implementation of
a number of articles of the Ordinance on the Elderly, and Clause 3, Article 4,
and other provisions on the elderly of the Government's Decree No. 67/
2007/ND-CP of April 13, 2007. on assistance policies applicable to social
security beneficiaries.
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Ministers,
heads of ministerial-level agencies, heads of government-attached agencies and
chairpersons of provincial-level People's Committees shall implement this
Decree.
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung