Are children infected with HIV/AIDS eligible for monthly social benefits in Vietnam? How much is the amount of monthly social benefits for children infected with HIV/AIDS?
Are children infected with HIV/AIDS eligible for monthly social benefits in Vietnam?
Pursuant to Clause 3, Article 5 of Decree No. 20/2021/ND-CP stipulating as follows:
Social protection beneficiaries eligible for monthly social benefits
…
3. Children living in poor households and contracted HIV/AIDS.
Thus, children infected with HIV/AIDS living in poor households will be eligible for monthly social benefits.
Are children infected with HIV/AIDS eligible for monthly social benefits in Vietnam? How much is the amount of monthly social benefits for children infected with HIV/AIDS?
How much is the amount of monthly social benefits for children infected with HIV/AIDS?
Pursuant to Article 4 of Decree No. 20/2021/ND-CP stipulating as follows:
Standard social support amount
1. Standard social support amount serves as the basis for determining social benefits, financing adoption for care and nurture; financing for nurture in social support facilities and other social support amount.
2. Standard social support amount applicable from July 1, 2021 is VND 360.000 per month.
Depending on balancing capacity of budget, increase rate of consumption rates and living conditions of social protection beneficiaries, competent agencies shall consider and increase standard social support amount accordingly; guarantee relation with policies on other beneficiaries.
3. Depending on socio-economic conditions in local administrative divisions, People’s Committees of provinces shall request People's Councils of provinces to guarantee that:
a) Standard social support amount and social support amount applied in provinces are not lower than standard social support amount and social support amount prescribed under this Decree;
b) Other individuals facing difficulties not specified under this Decree benefit from social support policies.
Pursuant to Point c, Clause 1, Article 6 of Decree No. 20/2021/ND-CP stipulating as follows:
Monthly social benefit
1. Individuals under Article 5 hereof shall receive monthly social benefits equal to the product of social support standards under Article 4 hereof multiplying with following coefficient:
…
c) For individuals under Clause 3 Article 5 hereof:
- 2.5 for children under 4 years of age;
- 2.0 for children from 4 years of age to under 16 years of age.
Thus, the monthly social benefit of HIV/AIDS children will be calculated as follows:
- Standard social support amount multiplying with 2.5 for children under 4 years of age
- Standard social support amount multiplying 2.0 for children from 4 years of age to under 16 years of age
Standard social support amount applied from July 1, 2021 is VND 360,000/month.
Depending on balancing capacity of budget, increase rate of consumption rates and living conditions of social protection beneficiaries, competent agencies shall consider and increase standard social support amount accordingly; guarantee relation with policies on other beneficiaries.
However, standard social support amount and social support amount applied in provinces are not lower than standard social support amount and social support amount.
What are the procedures for benefiting from monthly social benefits of children infected with HIV/AIDS?
Pursuant to Article 8 of Decree No. 20/2021/ND-CP (amended and supplemented by Clause 6, Article 13 of Decree No. 104/2022/ND-CP) stipulating the procedures for benefiting from monthly social benefits as follows:
- Beneficiaries, their guardians or relevant organizations, individuals shall prepare application and submit to People’s Committees of communes, wards, townlets where they live. Following documents must be submitted along submission of application to enable receiving officials to compare information:
- Certificate of information on residence or notice of personal identification number and citizen information in the National Population Database;
- Within 7 working days from the date on which adequate documents are received, officials in charge of labor - war invalids and social affairs are responsible for reviewing the documents and presenting to Chairpersons of People’s Committees of communes to consider, decide and publicly post approval results at head offices of People’s Committees of communes in 2 working days, except for information related to HIV/AIDS condition of the applicants.
In case of complaints, within 10 working days from the date on which complaints are received, Chairpersons of People’s Committees of communes shall review, conclude and publicize the complaints.
- Within 3 working days from the date on which documents are approved without complaints, Chairpersons of People’s Committees of communes shall request Sub-departments of Labor – War Invalids and Social Affairs in writing and attach documents of the applicants.
- Within 7 working days from the date on which subjects’ documents and written request of Chairpersons of People’s Committees of communes, Sub-departments of Labor – War Invalids and Social Affairs are responsible for appraising and presenting decision on monthly social benefits, monthly financing for care, nurture for the applicants to Chairpersons of People’s Committees of districts, townlets. In case the applicants are ineligible, Sub-departments of Labor – War Invalids and Social Affairs shall respond in writing and provide reason.
- Within 3 working days from the date on which written presentation of Sub-departments of Labor – War Invalids and Social Affairs are received, Chairpersons of People’s Committees of districts shall review and decide on provision of monthly social benefits and monthly financing for care, nurture for applicants.
Decree No. 104/2022/ND-CP takes effect from January 1, 2023.
LawNet