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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
30/2002/ND-CP
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Hanoi, March 26, 2002
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DECREE
PRESCRIBING AND GUIDING THE IMPLEMENTATION OF
A NUMBER OF ARTICLES OF THE ORDINANCE ON ELDERLY PEOPLE
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of December 25, 2001;
Pursuant to the Ordinance on Elderly People of April 28, 2000;
At the proposal of the Minister of Labor, War Invalids and Social Affairs,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.-
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2. Elderly overseas Vietnamese and foreign
elderly people, while living and working in Vietnam, shall also be governed by
the provisions in Article 13, Clause 1 of Article 14, Article 21 and Article 24
of the Ordinance on Elderly People.
Article 2.-
1. Persons having the obligation to support
elderly people are their spouses, biological children, lawfully adopted
children, daughters-in-law, sons-in-law, and grandchildren (grandchildren of
paternal or maternal grandparents).
2. Lonely elderly people without any support and
income sources and disabled elderly people of poor families shall be assisted
by the State and the society.
Article 3.- The State and the society have the
responsibility to care for and promote the role of the elderly people in the
cause of national construction and defense; organize and mobilize families and
society to contribute to the cause of caring for and promoting the role of the
elderly people.
Article 4.- 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; and try their best to become the exemplary elder.
Chapter
II
SUPPORTING AND CARING FOR ELDERLY PEOPLE
Article 5.-
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2. In cases where those who have the obligation
to support elderly people authorize individuals or service organizations to
take care of elderly people as prescribed in Article 11 of the Ordinance on
Elderly People, there must be clear agreement on the contents and duration of
the care; expenses for the nurture and healthcare, and remuneration.
Article 6.-
1. Lonely elderly people without any support and
income sources shall be provided social allowances by the State or cared at
social relief establishments and when they die, the burial costs shall be
subsidized as prescribed in Article 7, Article 10 and Article 11 of the
Government’s Decree No.
07/2000/ND-CP of March 9, 2000 on social relief policies; entitled to medical
examination and treatment as prescribed in Article 3 of the Government’s Decree No. 95/CP of August 28, 1994 on the
partial collection of hospital fee.
2. Disabled elderly people of poor families
shall be considered for entitlement to social allowances at their communities.
3. Elderly people, whose spouses are still
alive, but old and weak, who have no biological children, grandchildren or
relatives to rely and no income sources, shall be considered for entitlement to
support regimes prescribed in Clause 1 of this Article.
4. Elderly people aged 90 or older, if having no
pensions or other social allowances, shall be entitled to enjoy monthly social
allowances from the local budget.
Article 7.- Elderly people shall be exempt from
contributions to social and community activities, except for cases where they
voluntarily take part therein.
Article 8.- Those who manage transport means as well as
cultural and physical training and/or sport works must prioritize the
arrangement of suitable seats for elderly people when the latter take part in
public traffic, as well as cultural and sport activities.
Article 9.- Elderly people shall be given healthcare as
prescribed in the Law on Protection of People’s
Health of July 11, 1989.
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Elderly people aged 100 or older shall be
granted Health Insurance Cards free of charge.
Article 10.- The People’s
Committees of all levels shall, depending on the actual capability of their
localities, have to create favorable conditions regarding places, devices and
facilities for elderly people to take part in physical training, sports, and
cultural activities, suitable to their physical strength and psychology.
Depending on their capability, annually, the
commune-level People’s Committees shall
organize longevity parties for elderly people in practical forms.
Chapter
III
PROMOTING THE ROLE OF ELDERLY PEOPLE IN THE CAUSE OF NATIONAL
CONSTRUCTION AND DEFENSE
Article 11.-
1. The State encourages the elderly people to
contribute their experiences and knowledge to the cause of national
construction and defense; elderly people who directly organize activities, thus
generating incomes and creating jobs, shall be provided with loans at
preferential interest rates by the State and entitled to tax exemption and/or
reduction according to current legislation.
2. Depending on their capabilities, the elderly
people may select and participate in various activities prescribed in Article
24 of the Ordinance on Elderly People through grassroots Elderly People’s Associations and socio-professional societies.
Article 12.- Elderly people who directly set up cultural,
physical training, sport, skills training and fostering establishments and/or
service establishments for elderly people for non-profit purposes shall be
encouraged by the State and entitled to tax exemption and/or reduction
according to the provisions of current legislation.
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Chapter
IV
RESPONSIBILITIES OF THE STATE AGENCIES
Article 14.-
1. The Ministry of Labor, War Invalids and
Social Affairs shall perform the function of State management over the
elder-related work; assume the prime responsibility and coordinate with the
concerned ministries and branches in formulating and promulgating or submitting
to the Government for promulgation legal documents on elderly people; organize
and manage social relief centers.
2. The Ministry of Health shall exercise the
State management over the provision of healthcare for elderly people according
to the provisions in Article 14, Article 15 and Article 16 of the Ordinance on
Elderly People and Article 9 of this Decree.
3. The Ministry of Construction shall assume the
prime responsibility and coordinate with the concerned ministries and branches
in promulgating legal documents on the design, construction or renovation of
public works, meeting the elderly people’s
activities demands and the care for elderly people.
4. The Ministry of Culture and Information shall
assume the prime responsibility and coordinate with the Commission for Physical
Training and Sports in guiding the propagation, mobilization and creation of
conditions for the elderly people to take part in cultural, physical training
and sport activities.
5. The Ministry of Finance shall assume the
prime responsibility and coordinate with concerned ministries and branches in guiding
the setting up, development and administration of the elder-care funds;
allocate funding in support of the activities of the elderly people’s
associations.
6. The Ministry of Education and Training shall
assume the prime responsibility and coordinate with the concerned ministries
and branches in organizing and guiding the regular education for elderly
people.
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Article 15.-
1. The People’s
Committees of all levels shall have to organize the implementation of the
policies and regimes towards the elderly people, firmly grasp the number and
quality of elderly people, and mobilize people to care for, support as well as
promote the role of, the elderly people.
2. On the basis of the provisions of the
Ordinance on Elderly People, annually, the People’s
Committees of the provinces and centrally-run cities shall work out financial
plans and estimates of budget funding to support the practical activities of
elderly people in their localities.
Chapter V
IMPLEMENTATION PROVISIONS
Article 16.- This Decree takes effect 15 days after its
signing.
The previous provisions which are contrary to
this Decree are hereby annulled.
Article 17.- The Ministry of Labor, War Invalids and Social
Affairs, the Ministry of Health, the Ministry of Culture and Information, the
Ministry of Construction, the Ministry of Communications and Transport, the
Commission for Physical Training and Sports, the concerned ministries and
branches and the People’s Committees of the
provinces and centrally-run cities shall have to guide the implementation of
this Decree.
Article 18.- The ministers, the heads of ministerial-level
agencies, the heads of agencies attached to the Government and the presidents
of the provincial/municipal People’s
Committees shall have to implement this Decree.
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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai