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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
07/2000/ND-CP
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Hanoi, March 9, 2000
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DECREE
ON
SOCIAL RELIEF POLICIES
THE GOVERNMENT
Pursuant to the Law on
Organization of the Government of September 30, 1992;
Pursuant to the Law on the State Budget of March 20, 1996;
Pursuant to the Ordinance on Storm and Flood Prevention and Fight of March 8,
1993;
Pursuant to the Ordinance on the Disabled of July 30, 1998;
At the proposal of the Minister of Labor, War Invalids and Social Affairs,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- This Decree provides for a number of social
relief policies and regimes to render material and spiritual support and
assistance to the lonely elderly, orphans, the seriously disabled and victims
of natural calamities and other force
majeure, who themselves and their relatives are unable to overcome the
consequences (hereafter collectively referred to as social relief
beneficiaries).
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Article 3.- Social relief shall
be chiefly rendered to families and communities where social relief
beneficiaries live. The support for nursing at social charity establishments
shall apply only to lonely persons who have no support or meet with exceptional
difficulties.
Article 4.- Organizations and
individuals that have sufficient conditions in terms of material base and
financial sources for nursing orphans, disabled persons and the lonely elderly
for a long time with the minimum or higher level prescribed by law, in
compliance with the State�s
planning and request no financial support from the State, are permitted to set
up social charity establishments.
The Ministry of Labor, War
Invalids and Social Affairs shall submit to the Government for issuance the
Regulation on the setting up and operation of social charity establishments.
Article 5.- The People’s
Committees of the provinces and centrally-run cities shall base themselves on
the practical conditions of the social relief beneficiaries and their local
potential resources to set forth the social allowance levels which must not be
lower than those stipulated in Article 10 of this Decree.
Chapter II
REGULAR SOCIAL RELIEF REGIME
Article 6.- Beneficiaries of
regular social relief under the management of communes and wards include:
1. Orphans being under-16
children whose parents are all dead or who are abandoned by their parents, lose
their nursing sources and have no relatives to rely on; children whose either
parent is dead and the other is missing under Article 88 of the Civil Code or
incapable or unable to bring up his/her children according to the provisions of
law.
2. The supportless lonely
elderly being persons who reach full 60 years of age and live alone; elderly
persons who live with their spouses who are also senile, have neither children
nor relatives to rely on and have no income sources. Single women without
support and income, who reach full 55 years of age and are enjoying social
relief allowances, shall continue to enjoy such allowances.
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4. Chronic mental patients being
persons who suffer from mental diseases like schizophrenia and mental
disorders, which have been treated more than once by specialized psychiatric
clinics but still persist and thus concluded as chronic illnesses, live alone
without support or live with their poor families.
Article 7.- The social relief
beneficiaries defined in Article 6 of this Decree who face exceptional
difficulties and are unable to support themselves shall be considered and
admitted into social charity establishments.
Article 8.- For persons who are
in the same situation as social relief beneficiaries but still have some
support and nursing source while their families make applications to
voluntarily send them into social charity establishments, which are approved by
the competent authorities, their families must bear all costs as prescribed.
There will be no financial
support from the State budget for the subjects stated in this Article.
Article 9.-
1. Children aged 13 years or
older, still living in social charity establishments and having no more
schooling, shall be recommended to vocational training centers to learn jobs
according to current regulations of the State.
2. Children having grown up,
disabled persons having been functionally rehabilitated and mental patients
having their illness stabilized, who are all living in social charity
establishments, shall be sent back to their localities. The commune/ward People’s Committees as well
as their families shall have to receive and create conditions for them to have
jobs and integrate themselves into their communities.
Article 10.
1. The minimum regular social
relief allowance level managed by communes and wards is 45,000
dong/person/month.
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Article 11.- Apart from the
nursing cost-of-living allowance prescribed in Clause 2, Article 10 of this
Decree, the subjects living in State-run social charity establishments shall
also be entitled to the following allowances:
1. Allowance for buying
daily-life essentials.
2. Allowance for buying common
curative medicines.
3. Allowance for buying
textbooks and learning aids, for children who are taking general education or
supplementary education classes.
4. Monthly allowance for
personal hygiene, for women beneficiaries of child-bearing age.
5. Allowance for funeral costs.
The presidents of the People’s Committees of the
provinces and centrally-run cities shall decide the allowance levels suitable
to the practical conditions of their respective localities.
Article 12.- The social charity
establishments are allowed to receive, use and manage all sources of funding
and aid in kind (if any) contributed and donated by charity organizations and
individuals, ensuring that they are used for the right purposes and the right
beneficiaries and settled according to current financial regimes.
Article 13.- The funding sources
for nursing, operational apparatus and capital construction investment in
social charity establishments shall be ensured by the budget of the level that
manages such establishments according to the current provisions of the Law on
the State Budget.
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IRREGULAR SOCIAL RELIEF REGIMES
Article 14.- Beneficiaries of
irregular (one-time) social relief are persons or households that meet with
difficulties due to natural calamities or other force majeure, including:
1. Households with dead or
missing member(s);
2. Households with collapsed,
swept-away, burnt or seriously-damaged houses;
3. Households that lost
production means and suffer from hunger;
4. Seriously injured persons;
5. Persons who suffer from
pre-harvest hunger;
6. Persons who are seriously
injured or dead due to some misfortune occurring outside their residence areas,
while their families are not aware thereof and thus cannot attend to or bury
them.
7. Wandering beggars during the
time they are gathered and waiting for being sent back to their residence
places.
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The wandering beggars during the
time they are gathered and waiting for being sent back to their residence
places shall receive 5,000 dong/person/day for no more than 15 days.
Article 16.- The funding sources
for irregular relief include:
1. Annual allocations from the
State budget; allocations from the provincial, district and commune budgets;
2. Support from organizations
and individuals inside and outside the country;
3. Donations from foreign
countries and international organizations provided directly to the localities
or through the Government or social organizations;
Where the above-mentioned
funding sources are not enough for irregular relief, the presidents of the
People’s
Committees of the provinces and centrally-run cities shall report such to the
Prime Minister for consideration and decision.
Chapter IV
ORGANIZATION OF IMPLEMENTATION
Article 17.- The Ministry of
Labor, War Invalids and Social Affairs shall assist the Government in
exercising the State management over the social relief work; assume the prime
responsibility and coordinate with the concerned ministries and branches in
guiding the implementation of this Decree.
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1. The Ministry of Finance shall
have to ensure funding for social relief according to current regulations and
in compliance with the Law on the State Budget.
2. The Ministry of Health shall
have to guide the disease prevention, check-up and treatment for social relief
beneficiaries and the assessment of the illness for the mentally ill persons
and disabled persons.
3. The Ministry of Education and
Training shall have to guide the organization of literacy education; the
exemption and reduction of school fees and other contributions for students who
are social relief beneficiaries according to the current regimes.
4. The Ministry of Agriculture
and Rural Development shall have to coordinate with the Ministry of Labor, War
Invalids and Social Affairs in determining the seriousness of natural calamity
consequences, crop failures and pre-harvest hunger so as to work out remedial
measures and guide the provision of irregular social relief.
Article 19.- The People’s Committees of the
provinces and centrally-run cities shall have to:
1. Manage social relief
beneficiaries and social charity establishments in their respective localities;
2. Organize the implementation
of the social relief regimes for each category of social relief beneficiaries
defined in this Decree;
3. Direct the construction and
management of social charity establishments in their respective localities;
4. Direct the Labor, War
Invalids and Social Affairs agencies and functional branches to guide
organizations and individuals to support social relief beneficiaries;
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Chapter V
REWARDS AND HANDLING OF VIOLATIONS
Article 20.- Persons who make
achievements and contributions to the charity activities for social relief
beneficiaries shall be considered for rewards according to the State’s commendation
regime.
Article 21.- Violators of the
provisions of this Decree shall, depending on the seriousness of their
violations, be disciplined, administratively sanctioned and, if causing
material damage, pay compensation according to the provisions of law or, be
examined for penal liability.
Chapter VI
IMPLEMENTATION PROVISIONS
Article 22.- This Decree takes
effect 15 days after its signing.
The previous provisions which
are contrary to this Decree are all now annulled.
Article 23.- The ministers, the
heads of the ministerial-level agencies, the heads of the agencies attached to
the Government and the presidents of the People’s Committees of the provinces and centrally-run
cities shall have to implement this Decree.
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ON BEHALF OF THE GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Tan Dung