Are orphans who nurtured by other people eligible for monthly social benefits in Vietnam?

Are orphans who nurtured by other people eligible for monthly social benefits in Vietnam? In which cases shall the elderly be eligible for monthly social benefits in Vietnam?

Hello Lawnet. I have a nephew. His parents died in an accident. I'm taking him home to take care of. Can he get a monthly social benefit? My nephew is normal and healthy. Thank you!

Are orphans who nurtured by other people eligible for monthly social benefits in Vietnam?

Pursuant to Clause 1 Article 5 of the Decree 20/2021/NĐ-CP stipulating cases in which children who are under 16 years of age are eligible for monthly social benefits in Vietnam as follows:

1. Children who are under 16 years of age, receiving no nurture and:

a) abandoned without foster parent(s); or

b) without both parents; or

c) without a parent while the other is declared missing as per the law; or

d) without a parent while the other is receiving care, nurture in a social support facility or social housing; or

dd) without a parent while the other is serving prison sentence or complying with decision on penalties against administrative violations in reform school, mandatory education institution or mandatory rehabilitation center; or

e) having both parents declared missing as per the law; or

g) having both parents receiving care, nurture in social support facilities or social houses; or

h) having both parents serving prison sentences or complying with decisions on penalties against administrative violations in reform schools, mandatory education institutions or mandatory rehabilitation centers; or

i) having a parent declared missing as per the law while the other is receiving care, nurture in social support facility or social house; or

k) having a parent declared missing as per the law while the other is serving prison sentence or complying with decision on penalties against administrative violations in reform school, mandatory education institution or mandatory rehabilitation center; or

l) having a parent receiving care, nurture in social support facility while the other is serving prison sentence or complying with decision on penalties against administrative violations in reform school, mandatory education institutions or mandatory rehabilitation center.

Nurturing is the act of a person taking care of and providing necessary things for another person (the nurtured person) in order to create conditions to maintain and develop that person's life. As regulations above, your nephew is an orphan, but he is receiving nurture from you, so he is not eligible for monthly social benefits in Vietnam.

In which cases shall the elderly be eligible for monthly social benefits in Vietnam?

Pursuant to Clause 5 Article 5 of the Decree 20/2021/NĐ-CP stipulating cases in which the elderly are eligible for monthly social benefits in Vietnam as follows:

5. The elderly who are:

a) living in poor households, deprived of individuals with obligations and rights to care or living with individuals with obligations and rights to care who are benefiting from monthly social benefits; or

b) from 75 to 80 years of age, living in poor or near-poor households, not specified under Point a of this Clause and living in ethnic minorities in communes, hamlets and mountainous regions; or

c) of 80 years of age or older, not specified under Clause a of this Clause and receiving no pension, monthly social security benefits or monthly social benefits; or

d) living in poor households, having no individuals with obligations and rights to care for, inadequate to live in community, adequate to be admitted to social support facilities and receiving care, nurture in community.

Best regards!

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