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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
67/2007/ND-CP
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Hanoi
, April 13, 2007
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DECREE
ON SUPPORT POLICIES FOR SOCIAL PROTECTION BENEFICIARIES
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the December 16, 2002 Law on State Budget;
Pursuant to the June 15, 2004 Law on Child Protection, Care and Education;
Pursuant to the June 29, 2006 Law on HIV/AIDS Prevention and Control;
Pursuant to the July 30, 1998 Ordinance on Disabled Persons;
Pursuant to the April 28, 2000 Ordinance on Elderly People;
Pursuant to the August 24, 2000 Ordinance on Flood and Storm Prevention and
Fight;
At the proposal of the Minister of Labor, War Invalids and Social Affairs,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- This
Decree provides for support policies and regimes for disadvantaged persons,
referred to as social protection beneficiaries.
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Article 3.- The
State encourages and creates conditions for political, socio-political,
economic, socio-political and professional, social, and socio-professional
organizations; Vietnamese individuals; foreign organizations and individuals;
and overseas Vietnamese to voluntarily assist social protection beneficiaries.
Chapter II
SOCIAL PROTECTION
BENEFICIARIES
Article 4.- Social
protection beneficiaries entitled to monthly allowance and under the management
of communes, wards or townships include:
1. Orphans, children who are
abandoned or have nobody to rely on; fatherless or motherless children whose
living parent is missing according to Article 78 of the Civil Code or is
incapable of raising his/her child(ren) according to law; children whose
parents or whose mother or father are/is serving imprisonment sentence and who
have no person to rely on; and HIV/AIDS- infected children in poor households.
Minors aged between full 16
years and under 18 years who are still following general education or
vocational training and have the same circumstances like the above-stated
children.
2. Lonely elderly people in poor
households; elderly people in poor households (according to the poverty line
stipulated by the Government in each period) whose spouse is old and weak and
who have no child, grandchild, or relative to rely on.
3. People aged 85 or older who
have no pension or social insurance allowance.
4. Seriously disabled persons in
poor households who have no working or self-serving capacity.
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6. HIV/AIDS-infected persons in
poor households who have lost their working capacity.
7. Families and individuals
adopting orphans or abandoned children.
8. Households having two or more
seriously disabled persons who have no self-serving capacity.
9. Single persons under the poor
household category who are raising child(ren) under 16 years of age; if their
child(ren) is (are) following general education or vocational training, they
are entitled to the allowance until their child(ren) reach(es) 18 years of age.
Article 5.- Social
allowance beneficiaries specified in Clauses 1, 2, 4, 5 and 6, Article 4 of
this Decree who meet with special difficulties and are incapable of taking care
of themselves shall be considered for admission to social protection
establishments or social houses in their communities.
Article 6.-
1.
Beneficiaries of extraordinary (one-time) support are persons or households who
meet with difficulties caused by natural disasters or other force majeure
circumstances, including:
a/ Households having dead or
missing person(s);
b/ Households having seriously
injured person(s);
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d/ Households that lose
production equipment, thereby suffering hunger;
e/ Households subject to urgent
relocation due to landslide and inundation risks;
f/ Persons who suffer hunger
caused by food shortage;
g/ Persons who suffer serious
injuries due to incidents occurring outside their residential places, which is
unknown to their families;
h/ Collected beggars awaiting to
be sent back to their residential places.
2. Commune-level People's
Committees, hospitals, agencies or units shall organize burial services for
persons who die in incidents occurring outside their residential places and
whose death is unknown to their families.
Chapter
III
REGULAR SUPPORTS
Article 7.-
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2. The lowest monthly social
allowance levels set for each group of social protection beneficiaries prescribed
in this Decree are as follows:
Table 1. Lowest monthly
social allowance levels set for social protection beneficiaries living in
communities managed by communes or wards
Unit
of calculation: VND thousand
No.
Beneficiaries
Coefficient
Allowance
1
- Persons specified in Clause
1 of Article 4, aged 18 months or older.
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- Persons specified in Clause
9 of Article 4 who are raising child(ren) of 18 months or older.
1.0
120
2
- Persons specified in Clause
1 of Article 4, aged under 18 months; or aged 18 months or older and being
disabled or HIV/AIDS-infected.
- Persons specified in Clause
2 of Article 4, being seriously disabled.
- Persons specified in Clauses
5 and 6 of Article 4.
- Persons specified in Clause
9 of Article 4 who are raising child(ren) of under 18 months or of 18 months
of age or older and being disabled or HIV/AIDS-infected.
1.5
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3
- Persons specified in Clause
1 of Article 4, aged under 18 months and being seriously disabled or
HIV/AIDS-infected.
- Persons incapable of
self-serving specified in Clause 4 of Article 4.
- Persons/households specified
in Clause 7 of Article 4, adopting children aged 18 months or older.
- Households specified in
Clause 8 of Article 4, having two seriously disabled persons.
- Persons specified in Clause
9 of Article 4, raising child (ren) under 18 months of age, or being disabled,
or HIV/AIDS-infected.
2.0
240
4
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2.5
300
5
- Persons/households specified
in Clause 7 of Article 4, adopting children under 18 months of age and being
disabled or HIV/AIDS-infected.
- Households specified in
Clause 8 of Article 4, having three seriously disabled persons.
3.0
360
6
Households specified in Clause
8 of Article 4, having four seriously disabled persons.
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480
Table 2. Lowest monthly
social allowance levels set for social protection beneficiaries living in
community-based social houses managed by communes or wards
Unit
of calculation: VND thousand
No.
Beneficiaries
Coefficient
Allowance
Persons specified in Clauses
1, 2, and 6 of Article 4
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240
Table 3. Lowest monthly
social allowance levels set for social protection beneficiaries living in
social protection establishments
Unit
of calculation: VND thousand
No.
Beneficiaries
Coefficient
Allowance
1
- Persons specified in Clause
1 of Article 4, aged 18 months or older.
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2.0
240
2
- Persons specified in Clause
1 of Article 4, aged under 18 months.
- Persons specified in Clause
1 of Article 4, aged 18 months or older and being disabled or HIV/AIDS
infected.
- Persons specified in Clauses
5 and 6 of Article 4.
2.5
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Article 8.- Persons
specified in Clauses 1, 2, 3, 4, 5 and 6; orphaned or abandoned children who
are raised by individuals or households specified in Clause 7; disabled persons
of households specified in Clause 8; and children of single persons specified
in Clause 9, Article 4 of this Decree are entitled to health insurance cards
issued under the Government's Decree No. 63/2005/ND-CP of May 16, 2005,
promulgating the Regulation on Health Insurance, or to free medical examination
and treatment in public health establishments according to Article 18 of the
Government's Decree No. 36/2005/ND-CP of March 17, 2005, detailing the
implementation of a number of articles of the Law on Child Protection, Care and
Education.
Article 9.-
1.
Children aged 13 years or older living in community-based social protection
establishments or social houses who no longer follow general education shall be
recommended for admission to vocational training establishments in accordance
with current state regulations.
2. Commune-level People's
Committees and families are responsible for receiving and creating conditions
for grown-up orphans who no longer follow general education or vocational
training; rehabilitated disabled persons; stably recovered metal disease
patients who are sent back from social protection establishments to localities
(where they lived prior to admission to social protection establishments), to
have jobs and stabilize their life.
3. Social protection
establishments and localities where social protection establishments are
located are responsible for providing support to create jobs and accommodations
for and granting allowances to grown-up abandoned children who no longer follow
general education or vocational training, till they can live on their own but
for no more than 24 months.
Article
10.- Apart from monthly allowances prescribed in Article 7 of this Decree,
persons specified in Clauses 1, 2, 3, 4, 5 and 6; orphaned or abandoned
children who are raised by families or individuals specified in Clause 7;
disabled persons incapable of self-serving in households specified in Clause 8;
and children of single persons specified in Clause 9, Article 4 of this Decree,
are entitled to the following supports:
1. Persons who are following
general education or vocational training are entitled to exemption or reduction
of school fees and free textbooks, notebooks and learning equipment according
to law.
2. An allowance of VND 2,000,000
per person as support for burial costs when they die.
3. Apart from the supports
specified in Clauses 1 and 2 of this Article, persons living in state-run
social protection establishments are entitled to:
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b/ An allowance to buy ordinary
medicines; HIV/AIDS-infected persons are entitled to an allowance of VND
150,000 each per year to support opportunistic infection treatment;
c/ A monthly personal hygiene
allowance for women of reproductive age.
Article
11.- On the basis of specific conditions of localities or units,
provincial/municipal People's Committee presidents; ministers, heads of
central-level branches and organizations (that have social support
establishments) shall decide on allowance and support levels for social
protection beneficiaries under their management, which must not be lower than
the above prescribed levels.
Chapter IV
EXTRAORDINARY SUPPORT
REGIME
Article
12.- The lowest extraordinary support level for beneficiaries specified in
Article 6 of this Decree are as follows:
1. For households:
a/ Having dead or missing person
(s): VND 3,000,000 per person;
b/ Having seriously injured
person (s): VND 1,000,000 per person;
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d/ Subject to urgent relocation
due to landslide or inundation risks: VND 5,000,000 per household.
2. Individuals:
a/ Food allowance: 15 kg of rice
per person per month for between one and three months;
b/ Persons who are seriously
injured due to incidents occurring outside their residential places, which is
unknown to their families: VND 1,000,000 per person;
c/ Collected beggars awaiting to
be sent back to their residential places: VND 10,000 per person per day, but
for no more than 30 days. In special cases where extension is required, the
allowance granting period must not exceed three months and the allowance level
is equal to the monthly food allowance level at social protection
establishments.
3. Persons dying in incidents
occurring outside their residential places, which is unknown to their families
and whose burial is arranged by commune-level People's Committees, hospitals,
agencies or units, these agencies or units are entitled to burial cost support
of VND 2,000,000 at least.
Article
13.- Households whose main laborer (s) is (are) dead or missing; households
losing production equipment; households whose houses are fallen, collapsed,
drifted, burnt or seriously destroyed, thereby suffering hunger due to food
shortage, apart from the allowances specified in Article 12 of this Decree, may
be considered and granted the following supports till they escape from poverty:
1. Exemption or reduction of
school fees for persons who are following general education or vocational
training.
2. Health insurance cards or
free medical examination and treatment at public health establishments.
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Article
14.- For the cases specified at Item d, Clause 1 of Article 6, presidents
of provincial/municipal People's Committees shall decide on specific allowance
levels suitable to local resource mobilization capacity and realities.
The State encourages localities
to adopt allowance and support levels higher than the lowest levels set in
Article 12 of this Decree.
Chapter V
FUNDS FOR IMPLEMENTATION
Article
15.- Funds for regular supports in communities; funds for rearing
activities, organizational operation and capital construction investment of
community-based social protection establishments and social houses at each
level shall be taken from the local budget of that level in accordance with the
current decentralization under the Law on State Budget and guiding documents.
Article
16.- Community-based social protection establishments and social houses may
receive, use and manage funds and contributions in kind (if any) from donating
organizations and individuals; ensuring proper use for proper beneficiaries and
making payments and financial settlements in accordance with current financial
regulations.
Article
17.- Funds for extraordinary support include:
1. Local budget balanced by
localities.
2. Donations given by domestic
and foreign organizations and individuals to localities directly or via the
Government or social organizations.
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Article
18.- Estimation, allocation, payment and settlement of funds for
implementation of social support policies must comply with the Law on State
Budget and guiding documents.
Chapter VI
ORGANIZATION OF IMPLEMENTATION
Article
19.- Responsibilities of ministries and branches
1. The Ministry of Labor, War
Invalids and Social Affairs shall perform the state management of social
protection work and has the responsibilities:
a/ To guide and coordinate with
relevant ministries and branches in guiding the implementation of this Decree;
b/ To coordinate with the
Ministry of Finance in allocating social support funds to ministries, branches
and localities; and supervise the allocation and use of funds for implementation
of social protection policies in localities;
c/ To determine and coordinate
with the Ministry of Agriculture and Rural Development, the Ministry of
Fisheries, the Ministry of Finance and provincial/municipal People's Committees
in determining the levels of damage regarding living conditions and food
shortages caused by natural disasters to localities and summing up and
proposing the levels of supports to be allocated from the central budget and
submit them to the Prime Minister for decision;
d/ To guide the exemption or
reduction of vocational training fees for trainees who are social protection
beneficiaries.
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3. The Ministry of Education and
Training shall guide the exemption or reduction of school fees for students who
are social protection beneficiaries according to this Decree.
4. The Ministry of Agriculture
and Rural Development and the Ministry of Fisheries shall coordinate with the
Ministry of Labor, War Invalids and Social Affairs in determining the levels of
damage regarding living conditions and food shortages caused by natural
disasters to localities for guiding the provision of extraordinary supports.
5. The Ministry of Finance shall
allocate social support funds to ministries, branches and localities according
the current state budget decentralization and coordinate with the Ministry of
Labor, War Invalids and Social Affairs in supervising the allocation and use of
funds for the implementation of social protection policies.
6. Relevant ministries and
branches shall, based on their functions and tasks, coordinate with the
Ministry of Labor, War Invalids and Social Affairs in guiding and implementing
this Decree.
Article
20.- Provincial/municipal People's Committees have the responsibilities:
1. To manage social protection
beneficiaries and direct the construction of local social protection
establishments and social houses.
2. To organize the
implementation of social support regimes for beneficiaries specified in this
Decree.
3. To instruct local Labor, War
Invalids and Social Affairs agencies and functional branches to guide
organizations and individuals to support social protection beneficiaries.
4. To include funds in annual
local budget estimates and submit them to People's Councils of the same level
for decision, ensuring the implementation of social protection policies
prescribed in this Decree.
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Article
21.-
1. News,
press, radio and television agencies shall actively cover, disseminate and
mobilize people to implement support policies for social protection
beneficiaries prescribed in this Decree.
2. The Vietnam Fatherland Front
and its member organizations are requested to propagate and mobilize their
members and people to give donations to social protection beneficiaries,
especially disaster victims.
Chapter
VII
COMMENDATION, AND
HANDLING OF VIOLATIONS
Article
22.- Organizations and individuals making great contributions and
achievements to activities in support of social protection beneficiaries are
entitled to commendation and reward according to law.
Article
23.- Organizations and individuals violating the provisions of this Decree
shall, depending on the severity of violation, be disciplined and
administratively sanctioned; if causing material damage, they shall pay
compensations therefore in accordance with law or be examined for penal
liability.
Chapter
VIII
IMPLEMENTATION
PROVISIONS
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1. This
Decree takes effect 15 days after its publication in "CONG BAO."
2. The allowance and support
regimes for social protection beneficiaries prescribed in this Decree are
implemented from January 1, 2007.
3. This Decree replaces the
Government's Decree No. 07/2000/ND-CP of March 9, 2000, on social relief
policies, and Decree No. 168/2004/ND-CP of September 20, 2004, amending and
supplementing a number of articles of the Government's Decree No. 07/2000/ND-CP
of March 9, 2000, on social protection policies; Article 6 of the Government's
Decree No. 55/1999/ND-CP of July 10, 1999, detailing and guiding the
implementation of a number of articles of the Ordinance on Disabled Persons;
Articles 6 and 9 of the Government's Decree No. 30/2002/ND-CP of March 26,
2002, detailing and guiding the implementation of a number of articles of the
Ordinance on Elderly People; the Government's Decree No. 120/2003/ND-CP of
October 20, 2003, amending Article 9 of the Government's Decree No.
30/2002/ND-CP of March 26, 2002, detailing and guiding the implementation of a
number of articles of the Ordinance on Elderly People; Article 5 of the Prime
Minister's Decision No. 38/2004/QD-TTg of March 17, 2004, on financial support
policies for families and individuals adopting orphaned and abandoned children;
the Prime Minister's Decision No. 16/2004/QD-TTg of February 5, 2004,
supporting families having two or more persons incapable of self-serving as the
consequence of toxic chemicals used by American troops during the Vietnam war;
Clauses 1, 2 and 3, Article 1 and Clauses 1, 2 and 3, Article 2 of the Prime
Minister's Decision No. 313/2005/QD-TTg of December 2, 2005, on a number of
regimes for HIV/AIDS-infected persons and persons directly managing, treating
and taking care of HIV/AIDS-infected persons in state-run social protection
establishments.
Article
25.- Ministers, heads of ministerial-level agencies, heads of
government-attached agencies, and presidents of provincial/municipal People's
Committees shall implement this Decree.
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung