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MINISTRY OF
LABOR - WAR INVALIDS AND SOCIAL AFFAIRS
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.
02/2021/TT-BLDTBXH
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Hanoi, June 24,
2021
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CIRCULAR
GUIDING
IMPLEMENTATION OF DECREE NO. 20/2021/ND-CP DATED MARCH 15, 2021 OF THE
GOVERNMENT ON SOCIAL ASSISTANCE POLICIES FOR SOCIAL PROTECTION BENEFICIARIES
Pursuant to Decree No. 14/2017/ND-CP dated
February 17, 2017 of the Government administers functions, tasks, powers, and
organizational structure of the Ministry of Labor - War Invalids and Social
Affairs;
Pursuant to Decree No. 20/2021/ND-CP dated March
15, 2021 of the Government on social assistance policies for social protection
beneficiaries;
At request of Director General of Department of
Social Assistance;
Minister of Labor - War Invalids and Social
Affairs promulgates Circular guiding implementation of Decree No. 20/2021/ND-CP
dated March 15, 2021 of the Government on social assistance policies for social
protection beneficiaries (hereinafter referred to as “Decree No.
20/2021/ND-CP”).
Article 1. Scope of regulation
and regulated entities
1. This Circular provides
guidelines for: ceasing to receive, temporary suspension of monthly social
benefits, monthly funding for care and nurture; policies on individuals that
require immediate protection; guidelines and training regarding care and
nurture affairs, and procedures for converting level and coefficient
accordingly.
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Article 2. Ceasing to receive,
temporary suspension of monthly social benefits, monthly funding for care and
nurture according to Clause 2 Article 8 of Decree No. 20/2021/ND-CP .
1. Beneficiaries ceasing to
receive monthly social benefits under Clause 2 Article 8 of Decree No.
20/2021/ND-CP include:
a) Beneficiaries decease or go missing as per the
law;
b) Beneficiaries under Article 5 of Decree No.
20/2021/ND-CP are no longer eligible for receiving monthly social benefits;
c) Beneficiaries comply with prison sentences or
are subject to decisions of competent authority on ceasing to receive social
benefits;
d) Beneficiaries waive policies and/or benefits;
dd) Beneficiaries fail to comply with request of
competent authority regarding re-verifying level of disabilities, re-verifying
eligibility for receiving social benefits or other information serving management
within 3 months from the date on which decisions on suspending social benefits
under Point b Clause 3 of this Article are issued.
2. Ceasing to provide monthly
funding for care and nurture for providers of care and nurture when:
a) Beneficiaries or providers of care and nurture
decease or go missing as per the law; or
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c) Providers of care and nurture are no longer
eligible according to Article 22 and Article 23 of Decree No. 20/2021/ND-CP ; or
d) Providers of care and nurture are met with
penalties for administrative violations in social assistance, protection and
children protection, care or are convicted by legally effective judgments.
3. Suspending social benefits
and monthly funding for care and nurture when:
a) Beneficiaries fail to receive policies for 3
months consecutively; or
b) Beneficiaries fail to comply with request of
competent authority regarding re-verifying level of disabilities, re-verifying
eligibility for receiving social benefits or other information serving
management of beneficiaries; or
c) Beneficiaries are detained for at least 1 month
in case the beneficiaries are receiving monthly social benefits.
4. Officials in charge of
Labor – War Invalids and Social Affairs of communes shall produce list of
beneficiaries under Clause 1, Clause 2, and Clause 3 of this Article, send to
and request Chairpersons of People’s Committees of communes to submit to
Departments of Labor – War Invalids and Social Affairs to consolidate,
appraise, and present decisions on ceasing to receive, suspension of social
benefits and/or monthly funding to Chairpersons of People’s Committees of
districts.
Article 3. Policies for
individuals that require immediate protection under Clause 2 Article 18 and
Clause 2 Article 19 of Decree No. 20/2021/ND-CP
1. Allowances while living in
households that provide care and nurture: VND 60,000/person/day.
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In case of individuals having health insurance
cards, comply with regulations and law on health insurance cards. In case of
individuals having no health insurance cards, receive medical examination and
treatment costs equal to amount covered by respective health insurance.
3. Costs for transporting
beneficiaries to residence or to social assistance facilities: Cover according
price of common public transport in local area. In case of using vehicles of
agencies or entities, covered amount shall equal 0.2 liters of gasoline/km
based on actual distance of travel and gasoline price at the time of transport.
In case of renting other vehicles, cover vehicle rental price under agreement
based on local price at the time of rental.
Article 4. Guidelines and
training for provision of care and nurture for social protection beneficiaries
in the community according to Clause 3 Article 20 of Decree No. 20/2021/ND-CP
1. Households and individuals
providing care and nurture for social protection beneficiaries shall receive
guidelines and training for provision of care and nurture as follows:
a) Appropriate diet;
b) Arrangement of accommodations, personal routine
assistance;
c) Psychology and biology consulting and
assessment;
d) Relevant policies, regulations and law;
dd) Other relevant professional affairs.
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Article 5. Procedures for
converting level and coefficient corresponding to beneficiaries under Clause 1
Article 37 of Decree No. 20/2021/ND-CP
1. Bureau of Labor - War
Invalids and Social Affairs shall review, produce list of beneficiaries that are
receiving social benefits and monthly funding for care, nurture and submit to
Chairpersons of People’s Committees of districts to decide to pay according to
Decree No. 20/2021/ND-CP from July 1, 2021.
2. Heads of social assistance
facilities and social houses shall consolidate, submit reports to competent
agencies capable of guaranteeing expenditure, and implement care, nurture
policies according to Decree No. 20/2021/ND-CP from July 1, 2021.
Article 6. Responsibilities of
agencies
1. People’s Committees of
communes are responsible for
a) managing local social protection beneficiaries
via documents, software or electronic database;
b) reviewing and requesting Bureau of Labor – War
Invalids and Social Affairs to consolidate, requesting Chairpersons of People’s
Committees of districts to decide to allow beneficiaries under Clause 3 Article
2 hereof to cease or continue to receive social benefits and/or monthly funding
for care, nurture;
c) consolidating, submitting periodic reports on
implementation results of social assistance policies and attaching schedules on
policy implementation results using forms No. 10a, 10b, 10c, and 10d attached
to Decree No. 20/2021/ND-CP to Bureau of Labor – War Invalids and Social
Affairs and People’s Committees of districts before June 15 and December 15
each year;
d) managing operations of social assistance
facilities and social houses established by commune governments, and
cooperating with local social assistance facilities and social houses according
to regulations and law on social assistance facilities.
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a) managing local social protection beneficiaries
via documents, software or electronic database;
b) guiding, organizing implementation, inspecting
and supervising commune governments in identifying and managing beneficiaries;
organizing implementation social assistance policies;
c) guiding, inspecting and supervising organization
of payment services for paying for beneficiaries;
d) consolidating, submitting periodic reports on
implementation results of social assistance policies and attaching schedules on
policy implementation results using forms No. 10a, 10b, 10c, and 10d attached
to Decree No. 20/2021/ND-CP to Department of Labor – War Invalids and Social Affairs
and People’s Committees of provinces before June 30 and December 31 each year;
dd) managing social assistance facilities and
social houses established by district governments according to regulations and
law on social assistance facilities.
3. People’s Committees of
provinces are responsible for
a) organizing implementation of policies;
allocating expenditure; deciding on payment method; inspecting, investigating,
and conducting other tasks relating to implementation of social assistance
policies according to Article 36 of Decree No. 20/2021/ND-CP ;
b) based on socio-economic conditions of provinces,
request People's Councils of the same levels to decide on standard social
assistance amount and social assistance amount applicable in provinces greater
than standard social assistance amount and social assistance amount under
Decree No. 20/2021/ND-CP ; deciding on other individuals who face difficulties,
are not specified under Decree No. 20/2021/ND-CP and receive social assistance
policies, which include beneficiaries that are persons with disabilities who
are third generations of partisans affected by toxic chemicals;
c) implementing application of information
technology in online registration, online approval and connection of online
public services in resolving, paying under policies and managing beneficiaries;
developing database on social protection beneficiaries; consolidating and
sending beneficiaries’ information to Ministry of Labor – War Invalids and
Social Affairs (via Ministry’s website) regularly or irregularly as per the
law.
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dd) managing social assistance facilities and
social houses established by provincial governments according to regulations
and law on social assistance facilities.
Article 7. Entry into force
1. This Circular comes into
force after 45 days from the date of signing. Policies under this Circular
shall be applicable from July 1, 2021.
2. Joint Circular No.
29/2014/TTLT-BLDTBXH-BTC dated October 24, 2014 of Ministry of Labor - War
Invalids and Social Affairs and Ministry of Finance guiding implementation of
Decree No. 136/2013/ND-CP dated October 21, 2013 of the Government; Joint
Circular No. 06/2015/TTLT-BLDTBXH-BTC dated May 12, 2015 of Ministry of Labor -
War Invalids and Social Affairs and Ministry of Finance on amendment to Clause
2 and Clause 4 Article 11 of Joint Circular No. 29/2014/TTLT-BLDTBXH-BTC expire
from the effective date hereof.
3. Difficulties that arise
during the implementation of this Circular should be reported to the Ministry
for consideration./.
PP. MINISTER
DEPUTY MINISTER
Nguyen Van Hoi