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THE
NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
39/2009/QH12
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Hanoi,
November 23, 2009
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LAW
ON THE ELDERLY
Pursuant to the 1992
Constitution of the Socialist Republic of Vietnam, which was amended and
supplemented under Resolution No. 51/2001/QH10;
The National Assembly promulgates the Law on the Elderly.
Chapter I
GENERAL PROVISIONS
Article 1.
This Law provides for the rights and obligations of the
elderly; the responsibilities of families, the State and the society in taking
care of. attending to. and bringing into full play the role of, the elderly;
and the Vietnam Elderly Association.
Article 2. The
elderly
The elderly defined in this Law are
Vietnamese citizens aged full 60 or over.
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1. The elderly have the following
rights:
a/To be guaranteed with basic food,
clothing, lodging, movement and healthcare needs;
b/ To decide to live with their
children, grandchildren or to live separately at their own will;
c/To be given priority in the use
of services under this Law and other relevant laws:
d/ To be provided with conditions
to participate in cultural, educational, physical training, sports,
entertainment, tourist and recreation activities;
e/ To be provided with conditions
to work in suitability to their health and professions and other conditions in
order to bring into full play their role;
f/ To be exempt from contributions
to social activities, except voluntary contributions;
g/ To be given priority in the
receipt of relief in cash or in kind, healthcare and lodgings with a view to
overcoming initial difficulties when they meet with difficulties due to
consequences of natural disasters or other force majeure circumstances;
h/ To join in the Vietnam Elderly
Association under the Association's charter;
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2. The elderly have the following
obligations:
a/To set bright examples in moral
quality and lifestyles: to educate young generations to preserve and promote
the fine traditions of the nation; to be exemplary in observing and mobilizing
families and communities to observe the Party's policies and line and the
State's laws;
b/ To pass their precious
experiences to younger generations;
c/ Other obligations defined by
law.
Article 4. The
State's policies towards the elderly
1. To allocate appropriate annual
budgets for the realization of policies to take care of and bring into full
play the role of the elderly.
2. To provide social patronage to
the elderly under this Law and other relevant laws.
3. To incorporate policies for the
elderly into policies on socio-economic development.
4. To develop gerontology so as to
meet the elderly's medical examination and treatment needs; to train personnel
to take care of the elderly.
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6. To encourage and support
agencies, organizations and individuals in carrying out propaganda on and
education about the sense of respect for and gratitude to the elderly, taking
care of and bringing into full play the role of the elderly.
7. To commend agencies,
organizations and individuals that record outstanding achievements in taking
care of and bringing into full play the role of the elderly.
8. To strictly handle agencies,
organizations and individuals that commit acts of violating this Law and other
relevant laws.
Article 5.
Responsibilities of agencies, organizations, families and individuals
1. Agencies and organizations
shall, within the ambit of their respective tasks and powers, take care of and
protect the legitimate rights and interests of the elderly.
2. The Vietnam Fatherland Front and
its member organizations and other organizations shall agitate and mobilize
people to heighten the responsibility to take care of and bring into full play
the role of the elderly: to participate in supervising the implementation of
policies and laws on the elderly.
3. The elderly's families shall
take the main responsibility in taking care of the elderly.
4. Individuals shall respect and
help the elderly.
Article 6.
Vietnam Elderly Day
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Article 7.
Funds for taking care of and bringing into full play the role of the elderly
1. Funds for taking care of and
bringing into full play the role of the elderly arc social and charity funds.
2. Funds for taking care of and
bringing into full play the role of the elderly come from the following
sources:
a/ Voluntary contributions and
financial aid of domestic and foreign organizations and individuals:
b/ State budget supports;
c/ Other lawful revenue sources.
3. The establishment, operation and
management of the funds for taking care of and bringing into full play the role
of the elderly must comply with law.
Article 8.
International cooperation for the elderly
1. International cooperation for
the elderly shall be carried out on the basis of respect for independence,
sovereignty, territorial integrity, equality and conformity with Vietnamese law
and international laws.
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a/ Formulation and materialization
of programs and projects of international cooperation on the elderly;
b/ Participation in international
organizations; conclusion, accession to and implementation of treaties and
international agreements related to the elderly;
c/ Exchange of information and
experiences on taking care of and promoting the role of the elderly.
Article 9.
Prohibited acts
1. Insulting, ill-treating or
hurting, persecuting, discriminating against the elderly.
2. Infringing upon or preventing
the elderly from exercising their rights to marriage, property ownership and
other lawful rights.
3. Failing to perform the
obligations of taking care of the elderly.
4. Taking advantage of the looking
after and taking care of the elderly for self-seeking interests.
5. Forcing the elderly to labor or
do things contrary to law.
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7. Retaliating and intimidating
persons who help the elderly or who detect, report on or prevent illegal acts
against the elderly.
Chapter II
TAKING CARE OF AND LOOKING AFTER THE ELDERLY
SECTION I.
TAKING CARE OF THE ELDERLY
Article 10.
Obligations and rights to take care of the elderly
1. Taking care of the elderly means
caring for their spiritual and material lives, aiming to satisfy their basic
food, clothing, lodging, travel and healthcare needs as well as entertainment,
recreation, information, communication and learning needs.
2. Persons having the obligations
and rights to take care of the elderly are their children and grandchildren and
other persons obliged to take care of or provide financial supports under the
law on marriage and family.
3. Persons having the obligations
and rights to take care of the elderly shall, depending on their specific
circumstances, arrange the elderly's lodgings suitable to their health and
psychological conditions; provide financial assistance; pay hospitalization and
healthcare costs and encourage the elderly when they fall sick: organize
funerals when they die.
4. Persons having the obligations
and rights to take care of the elderly shall cooperate with one another in
looking after them.
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Article 11.
Entrusted care for the elderly
1. Persons having the obligations
and rights to take care of the elderly but having no conditions to directly
look after the elderly may entrust individuals or organizations providing services
of taking care of the elderly to look after the elderly, but with the elderly's
consent.
Entrustment to look after the
elderly shall be effected under service contracts between persons having the
obligations and rights to take care of the elderly and service providers.
2. Service providers entrusted to
look after the elderly shall fulfill their commitments under service contracts
signed with entrusters.
3. The elderly may request persons
with care-taking obligations and rights to replace service providers entrusted
to take care of them.
4. The Government shall detail this
Article.
SECTION 2.
CARING FOR THE ELDERLY'S HEALTH
Article 12.
Medical examination and treatment
1. Prioritized medical examination
and treatment for the elderly shall be carried out as follows:
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b/ Elderly inpatients are arranged
proper hospital beds.
2. Hospitals, except pediatrics
hospitals, have the following responsibilities:
a/ To organize gerontologic
departments or set aside a number of beds for treatment of elderly patients:
b/ To rehabilitate elderly
patients' health after pernicious disease treatments at hospital and guide
their further treatment and care at home;
c/ To combine traditional medicine
with modern medicine in treatment and guide methods of non-medicine treatment
at grassroots health establishments for elderly patients:
d/ The Stale encourages
organizations and individuals to give free-of- charge medical examination and
treatment to the elderly.
Article 13.
Primary healthcare at places of residence
1. Commune, ward, township health
stations have the following responsibilities:
a/To carry out propaganda and
dissemination in different forms of common healthcare knowledge; guide the
elderly in skills of disease prevention and treatment and self-healthcare;
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c/ To give medical examination and
treatment suitable to their specialization to the elderly;
d/ To coordinate with higher-level
medical establishments in organizing periodical health checkups for the
elderly.
2. Commune, ward or township health
stations shall send health workers to conduct medical examination and treatment
at places of residence of lonely and seriously ill elderly persons who cannot
go to medical establishments for examination and treatment. Commune, ward or
township People's Committees shall support the transport of patients defined in
this Clause to medical establishments at the proposal of commune, ward or
township health stations.
3. The State encourages
organizations and individuals to give medical examination and treatment to the
elderly at their places of residence.
4. Funds for the implementation of
tasks defined at Points a, b and d. Clauses 1 and 2 of this Article shall be
provided by the state budget.
SECTION 3. CARE
FOR THE ELDERLY IN CULTURAL, EDUCATIONAL, PHYSICAL TRAINING SPORTS, RECREATION
AND TOURIST ACTIVITIES, IN THE USE OF PUBLIC FACILITIES AND PARTICIPATION IN
MASS TRANSIT
Article 14.
Cultural, educational, physical training, sports, recreation and tourist
activities
1. The State invests and encourages
organizations and individuals to invest in the construction of cultural,
educational, physical training, sports, recreation and tourist establishments
to satisfy the elderly's demands for better spiritual fife and physical
training.
2. The State and society shall
create favorable conditions for the elderly to learn and research and
participate in cultural, physical training, sports, recreation and tourist
activities through the following measures:
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b/ Providing support and guidance
for the elderly to participate in cultural, recreation, tourist and
deep-breathing practices as well as other physical training and sports
activities suitable to their health and psychology;
c/ Providing supports in locations,
tools, equipment and other material foundations suitable to the elderly's
activities:
d/ Encouraging enterprises and
individuals to produce and trade in products and commodities suitable to the
elderly's needs.
3. The Government shall detail this
Article.
Article 15.
Public facilities, mass transit
1. The construction or renovation
of condominiums and public facilities must take into account the elderly's
characteristics and use needs.
2. When participating in mass
transit, the elderly shall be assisted and arranged convenient seats.
3. The Government shall detail this
Article.
Article 16.
Discount of fares and service charges
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SECTION 4.
SOCIAL PATRONAGE FOR THE ELDERLY
Article 17.
Persons entitled to social patronage policies
1. The elderly 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 relief allowances.
2. Persons aged full 80 or over
other than those defined in Clause 1 of this Article who have no pensions,
monthly social insurance allowances or monthly social relief allowances.
Article 18.
Social patronage policies
1. The elderly defined in Article
17 of this Law are entitled to health insurance, monthly social relief
allowances and payment of funeral and burial costs upon their death, except
cases specified in Clause 2 of this Article.
2. The elderly of poor families
without persons having the care-taking obligations and rights, no conditions to
live in the community, have the aspiration and are admitted into social
patronage establishments, are entitled to the following benefits:
a/ Annual nurturing allowance;
b/ Supply of personal effects and
articles for their daily activities;
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d/ Provision of common medicines;
e/ Provision of tools and equipment
for functional rehabilitation;
f/ Funeral and burial upon death.
3. The Government shall detail this
Article.
Article 19.
Looking after the elderly at community
The elderly defined in Clause 2 of
Article 18 with someone undertaking to look after them at community are
entitled to a monthly social relief allowance equal to the nurturing cost level
at social patronage establishments, health insurance and payment of funeral and
burial costs upon their death.
Article 20.
Elderly-caretaking establishments
1. Elderly-caretaking
establishments are places in which care, nurturing, counseling or other
necessary conditions are provided for the elderly.
2. Elderly caring establishments
include:
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b/ Elderly care counseling and
service-providing establishments;
c/ Other elderly caretaking
establishments.
The Government shall specify the
establishment and operation of elderly caretaking establishments defined in
this Clause.
3. The State encourages
organizations and individuals to invest in the construction of elderly
caretaking establishments; invests in material foundations and provides
financial supports for the operation of public elderly caretaking
establishments and provides financial supports for non-public elderly
caretaking establishments to nurture the elderly defined in Clause 2, Article 18
of this Law.
4. Organizations and individuals
contributing or investing their own funds in the construction of elderly
caretaking establishments are entitled to preferential policies under the law
on policies to encourage socialization of activities in the fields of
education, vocational training, healthcare, culture, sports and environment.
SECTION 5.
LONGEVITY CONGRA TUL\ TION AND CELEBRATION, FUNERAL ORGANIZATION
Article 21.
The elderly's longevity congratulations and celebrations
1. Persons aged 100 will be
congratulated and given presents by the President of the Socialist Republic of
Vietnam
2. Persons aged 90 will be
congratulated and given presents by chairpersons of provincial-level People's
Committees.
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a/ Vietnam Elderly Day;
b/ The International Elderly Day;
c/ Lunar New Year Festival:
d/ The elderly’s birthdays.
4. Funds for the implementation of
tasks defined in this Article shall be provided by the state budget and social
contributions.
Article 22.
Organization of funerals and burials for deceased elderly
1. When the elderly pass away,
persons with care-taking obligations and rights shall assume the main
responsibility for organizing their funerals and burials in a solemn and
thrifty ceremony, ensuring cultured lifestyle, unless otherwise provided for by
law. If the elderly have no persons with care-taking obligations and rights or
have such persons who. however, do not have conditions to organize funerals and
burials, commune, ward or township People's Committees or social patronage
establish-ments where such the elderly live shall assume the prime
responsibility for. and coordinate with local Elderly Associations and mass
organizations in. organizing their funerals and burials.
2. When an elderly passes away, the
agency or organization in which he/she works or last worked, the Elderly
Association and the commune, ward or township People's Committee and local mass
organizations shall coordinate with his/her family in organizing his/her
funeral and burial.
Chapter III
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Article 23.
Activities of promoting the elderly's role
The State, society and families
shall create conditions for the elderly to bring into full play their
intellect, precious experiences and fine qualities in the following activities:
1. Education about the traditions
of unity, patriotism and love for humans and nature;
2. Building of cultured life;
preserving and promoting national cultural identities at establishments and
communities; participating in movements for learning promotion, talent
promotion, support of education and training of virtuous and talented persons
and other campaigns in communities;
3. Impartation of skills,
experiences and economic, cultural, social, scientific and technological
knowledge and traditional crafts to young generations;
4. Research, education, training,
scientific and technological application; and professional and technical
consultancy;
5. Economic development, poverty
reduction and getting rich in lawful ways;
6. Maintenance of political
security, social order and safety; reconciliation of conflicts and disputes in
communities;
7. Observance of the law on
grassroots democracy; practice of thrift against waste: prevention and combat
of corruption and bureaucracy; prevention and fighting of HIV/ AIDS and social
vices:
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9. Other social activities in the
interest of organizations and the public.
Article 24.
Responsibilities to promote the elderly's role
1. The State shall apply the
following measures so that the elderly bring into full play their role suitable
to their respective capabilities:
a/ Creating conditions for the
elderly to express their views, aspirations and petitions to agencies or
organizations on matters of the elderly's concern;
b/ Creating conditions for elderly
scientists and artisans and other elderly with special skills and experiences
and aspirations to continue making contributions:
c/ Providing preferential credit
loans to the elderly who are directly involved in production and business
activities in order to increase their incomes and alleviate poverty;
d/ Praising and commending the
elderly who record outstanding achievements.
2. Agencies, Elderly Associations, other
organizations, families and individuals shall create conditions for the elderly
to carry out activities of promoting their role.
Chapter IV
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Article 25.
The Vietnam Elderly Association
1. The Vietnam Elderly Association
is a social organization representing the aspirations and legitimate rights and
interests of Vietnamese elderly.
2. The Vietnam Elderly Association
is organized on the principle of voluntariness and operates under the
Constitution, laws and its Charter.
Article 26.
Funds for operations of the Vietnam Elderly Association
1. Funds for the operations of the
Vietnam Elderly Association come from the following sources:
a/ State budget support;
b/ Membership fee;
c/ Other lawful revenue sources.
2. The Vietnam Elderly Association
shall manage and use its operation funds according to law.
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1. To rally, unite and mobilize the
elderly to participate in its activities, contributing to the implementation of
socio-economic programs, the education of young generations, the building of
civilized lifestyles, cultured families, the maintenance of political security,
social order and safety, and the national construction and defense.
2. To act as the core in the
movement to look after, take care of and promote the role of the elderly.
3. To protect the elderly's
legitimate rights and interests.
4. To study the elderly's demands
and aspirations for proposal to competent state agencies.
5. To represent the Vietnamese
elderly in participating in international organizations and people's foreign
relation activities in the interest of the elderly and the Fatherland.
Chapter V
STATE AGENCIES' RESPONIBILITIES FOR ELDERLY-RELATED
WORK
Article 28.
Agencies performing the state management of elderly-related work
1. The Government performs the
unified state management of elderly-related work.
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3. Ministries and ministerial-level
agencies shall, within the ambit of their respective tasks and powers,
coordinate with the Ministry of Labor, War Invalids and Social Affairs in
performing the state management of elderly-related work.
4. People's Committees at all
levels shall, within the ambit of their respective tasks and powers, perform
the slate management of elderly-related work; incorporate elderly-related
activities in local socio-economic development plans; and create conditions for
agencies, organizations and individuals to participate in taking care of and
promoting the role of the elderly.
Article 29.
Responsibilities of ministries and ministerial-level agencies
1. The Ministry of Labor, War
Invalids and Social Affairs shall:
a/ Formulate and submit to
competent agencies for promulgation or promulgate according to its competence
legal documents, programs and plans on elderly-related work;
b/ Assume the prime responsibility
for, and coordinate with other ministries, ministerial-level agencies,
government-attached agencies and provincial-level People's Committees in.
implementing legal documents on the elderly and programs and plans on
elderly-related work;
c/ Inspect and examine the
enforcement of the law on the elderly;
d/ Implement international
cooperation on the elderly;
e/ Make reports on the elderly:
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g/ Assume the prime responsibility
for. and coordinate with other ministries, ministerial-level agencies in.
promulgating and organizing the implementation of regulations on training of
officers in charge of elderly-related work;
h/ Assume the prime responsibility
for. and coordinate with the Ministry of Health in, prescribing professional standards
for and training caretakers of the elderly;
i/ Assume the prime responsibility
for, and coordinate with other ministries, ministerial-level agencies,
government- attached agencies and provincial-level People's Committees in,
planning elderly-caretaking establishments nationwide.
2. The Ministry of Health shall:
a/ Guide and organize the care for
the elderly's health at medical establishments and in communities; guide the
management of the elderly's chronic diseases;
b/ Formulate, and organize the implementation
of. programs on prevention, examination and treatment of cardiovascular
diseases, diabetes. Alzheimer and other chronic ailments and reproductive
health-related diseases for the elderly;
c/ Train gerontological doctors and
health workers.
3. The Ministry of Home Affairs
shall assume the prime responsibility for. and coordinate with other ministries
and ministerial-level agencies in. studying and submitting to the Government
for promulgation regulations on organization of. regimes and policies towards,
officers in charge of elderly-related work.
4. The Ministry of Finance shall
guide the budget allocation for the realization of policies on care for. and
promotion of the role of. the elderly and provide operation funds for the
Vietnam Elderly Association under the law on the state budget.
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6. The Ministry of Culture, Sports
and Tourism shall direct the support of the elderly in cultural, physical
training, sports, recreation and tourist activities; care for. and promote the
role of. the elderly in families. 7. The Ministry of Information and
Communications shall direct mass media agencies to promptly and accurately
propagate policies and the law on the elderly.
Chapter VI
IMPLEMENTATION PROVISIONS
Article 30.
Effect
1. This Law takes effect on July 1,
2010.
2. Social patronage policies for
the elderly provided in Clause 2, Article 17 of this Law shall be implemented
from January 1, 2011.
3. Ordinance No.
23/2000/PL-UBTVQH10 on the Elderly ceases to be valid on the effective date of
this Law.
The current social patronage
policies for persons aged 85 or over who have no pensions or social insurance
allowances continue to be implemented through December 31, 2010.
Article 31.
Implementation detailing and guidance
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This Law was passed on November
23, 2009, by the XIIth National Assembly of the Socialist Republic
of Vietnam at its 6th session.-
CHAIRMAN
OF THE NATIONAL ASSEMBLY
Nguyen Phu Trong