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THE STANDING COMMITTEE OF NATIONAL
ASSEMBLY
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
23/2000/PL-UBTVQH10
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Hanoi, April 28, 2000
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ORDINANCE
ON ELDERLY PEOPLE
Elderly people have the merit
of giving birth to, bringing up and educating children on dignity and play an
important role in families and the society. Caring for the material and
spiritual life of the elder persons and continuously promoting their role are
responsibilities of the families, the State and the entire society, which
reflect the fine nature, moralities and traditions of our nation;
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam;
Pursuant to the Resolution of the Xth National Assembly, sixth session, on
its 2000 legislative program;
This Ordinance provides for the support and care for as well as the
promotion of the role of, the elderly people.
Chapter I
GENERAL PROVISIONS
Article 1.- Elderly people
prescribed by this Ordinance are citizens of the Socialist Republic of Vietnam
aged 60 or older.
Article 2.- Elderly people are
rendered support and care, and have their role promoted by families, the State
and the society according to the provisions of law.
All citizens must respect and
have the obligation to help the elderly people.
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Elderly people who are lonely,
have no one to support and have no income sources shall be assisted by the
State and the society.
Article 4.- The State shall adopt
appropriate policies of caring for the health, improving the material and
spiritual life of the elderly people, creating conditions for them to lead a
healthy, cheerful as well as useful life; and at the same time, promoting their
role in the cause of building and defending the Fatherland.
Article 5.- The People’s Committees of all
levels shall work out plans on caring for the elderly people; organize and
mobilize the society’s
contributions in order to create conditions to care for and promote the role of
the elderly people.
Article 6.- The State, society
and families have the responsibility to educate young generations to show their
gratitude to, respect and look after the elderly people.
Article 7.- Elderly people must
set good examples in fostering their own ethical qualities and in observing
law, educate young generations in preserving and developing the nation’s fine traditions.
Article 8.- The organization of
elder-care establishments must be based on the practical situation, the demand
of caring for the elderly people and according to the provisions of law.
Chapter II
SUPPORTING AND CARING FOR ELDERLY PEOPLE
Article 9.-
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2. Those who have the obligation
to support elderly people are the latter’s spouses, biological children and grand children.
3. Those who have the supporting
obligation must not decline their supporting obligation.
Article 10.-
1. Those who have the supporting
obligation must, depending on their concrete conditions, arrange living places
suitable to the health and psychological conditions of elderly people.
2. Those who have the supporting
obligation must pay medical treatment costs when their elders get sick or
burial costs when they die.
3. All acts of maltreating or
forcing elderly persons to overwork are strictly forbidden.
Article 11.-
1. Those who have the supporting
obligation but have no conditions to directly attend to elderly people may
authorize individuals or service organizations to do so but with the consent of
the concerned elderly people.
2. The authorized individuals or
service organizations shall have to fulfill their commitments to the
authorizers to take care of elderly people.
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Article 12.- Elderly people who
are lonely without any support and without any income sources shall be entitled
to:
1. Social allowance or being
cared at social relief establishments;
2. Free medical examination and
treatment;
3. When they die the
commune/ward or district township (hereinafter collectively referred to as
commune level) People’s
Committees or the social relief establishments organize their burial and bear
the costs thereof
Article 13.- The elderly people
are given the priority in medical examination and treatment, and when
participating in public traffic, recreation and entertainment.
Article 14.-
1. The elderly people are given
primary healthcare at their places of residence. The commune-level health
stations shall, depending on the concrete local conditions, have to monitor,
manage and directly look after the health of, and organize periodical health
check-ups for, elderly people, the fund therefor shall be provided by the local
budget.
2. When elderly people who are
disabled, lonely and supportless get sick but are unable to go for medical
examination and treatment at designated places, the heads of the commune-level
health stations shall send medical workers to give medical examination and
treatment to them at their places of residence.
Article 15.- State-run hospitals
must have geriatric departments or spare a number of beds for elderly patients
under treatment and organize research in therapeutic knowledge and techniques
applicable to elderly people.
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Article 17.- The People’s Committees of all
levels, political organizations, socio-political organizations, economic
organizations, social organizations, socio-professional organizations, units of
people’s armed
forces and all citizens shall, depending on their concrete conditions, support
the elderly people in organizing sight-seeing tours of historical relics and
scenic places in the country.
Article 18.- The investment in
building or renovating public utilities shall be made on the basis of taking
into account the needs of activities and care for the elderly people.
Article 19.- The State and
society create favorable conditions for the elderly people to enjoy culture and
take part in traditional cultural activities of the nation.
Article 20.- The mass media
agencies shall have to propagate the Party’s lines and undertakings as well as the State’s policies and laws
on the care for the elderly people and the promotion of their role, reflect
life, educate the sense of respecting, caring for and helping the elderly
people, praise good people and good deeds in taking care of elderly people.
Article 21.- The State encourages
organizations and individuals, with their own funding sources, to make
contributions to and investment in building sanatoriums, healthcare service
establishments, medical therapy and rehabilitation centers, cultural, sport and
physical training clubs for elderly people as well as other forms of voluntary
assistance to elderly people in the population communities and social relief
establishments.
Article 22.- The State encourages
the elderly people’
association to set up the elder-care fund in appropriate forms. The elder-care
fund may be formed from the source of voluntary contributions of elderly
people, charitable assistance of organizations and individuals inside and
outside the country. The elder-care fund shall be set up and operate according
to the provisions of law.
Chapter III
PROMOTING THE ELDERLY PEOPLE’ ROLE IN THE CAUSE OF NATIONAL
CONSTRUCTION AND DEFENSE
Article 23.- The State encourages
and creates conditions for the elderly people to have physical training, study
to raise their educational levels, and contribute their experiences and
knowledge to the cause of building and defending the fatherland.
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1. Educating young generations
about the tradition of patriotism, the love for socialism, the tradition of
"remembering the source when drinking water"; handing down the
cultural, social, scientific and techno-logical knowledge as well as
professional skills to them;
2. Maintaining political
security, social safety and order and reconciling disputes and contradictions
in the population communities;
3. Contributing comments on
draft policies and bills;
4. Providing professional and
technical advice;
5. Conducting scientific and
technological research and application;
6. Other social activities.
Chapter IV
STATE MANAGEMENT OVER THE ELDER-RELATED WORK
Article 25.- The State management
over the elder-related work includes the following contents:
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2. Making statistics on the
elderly people;
3. Mobilizing, managing and
using various resources to boost investment in developing social welfare in
service of the care and promotion of the role of the elderly people;
4. Supporting activities of the
elderly people’s
association;
5. Supervising, inspecting,
settling complaints and denunciations about the implementation of the
legislation on the elderly people;
6. Handling violations in the
enforcement of the legislation on the elderly people;
7. Establishing international
cooperation relations in the care for the elderly people and the promotion of
their role.
Article 26.- The Government shall
exercise the uniform State management over the elder-related work.
The Ministry of Labor, War
Invalids and Social Affairs shall be responsible to the Government for
performing the State management over the elder-related work.
The ministries,
ministerial-level agencies, agencies attached to the Government shall, within
the scope of their respective tasks and powers, have to coordinate with the
Ministry of Labor, War Invalids and Social Affairs in performing the State
management over the elder-related work.
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Article 27.- The Vietnam
Fatherland Front Central Committee and the Front’s member organizations at all levels shall mobilize
families and the society to care for and promote the role of, the elderly
people.
Article 28.- Vietnam Association
of the Elder is a social organization of the elderly people, which has the
responsibilities:
1. To rally elderly people for
participation in the Association’s
activities, contribute to the implementation of the socio-economic programs,
the building of a civilized lifestyle and cultural families, the maintenance of
political security, social safety and order, the building and defense of the
Fatherland;
2. To protect the legitimate
rights and interests of the elderly people, make proposals to the Sate
management bodies on the care for and the promotion of the role of the elderly
people;
3. To make recommendations to
the State bodies on matters relating to the elderly people’s legitimate rights
and interests;
4. To represent the Vietnamese
elderly people in international organizations as well as external relation
activities for their interests.
Article 29.- The State creates
conditions for Vietnam Association of the Elder to organize various activities
to better and better care for and promote the role of the elderly people.
Chapter V
REWARD AND HANDLING OF VIOLATIONS
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Article 31.- Those who infringe
upon the elderly people’s
legitimate rights and interests; those who have the obligation to support
elderly people but shirk their obligation or maltreat elderly people or commit
other acts of violating the law provisions on the elderly people, shall,
depending on the nature and seriousness of their violations, be disciplined,
administratively sanctioned or examined for penal liability; if causing any
damage, they shall have to pay compensation therefor according to the
provisions of law.
Chapter VI
IMPLEMENTATION PROVISIONS
Article 32.- This Ordinance also
applies to foreign elderly people living in Vietnam, except otherwise provided
for by international agreements which Vietnam has signed or acceded to.
Article 33.- This Ordinance takes
effect as from July 1st, 2000.
All previous provisions which are
contrary to this Ordinance are now annulled.
Article 34.- The Government shall
detail and guide the implementation of this Ordinance.
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