Does the Chairman of the Commune People's Committee Have the Authority to Decide on Monthly Social Allowance?

Based on Points d, dd Clause 1 Article 8 of Decree 20/2021/ND-CP, the regulations are as follows:

d) Within 07 working days from the date of receiving the dossier from the applicant and the request letter from the Chairman of the commune-level People's Committee, the Department of Labor, War Invalids, and Social Affairs is responsible for appraising and submitting to the Chairman of the district-level, district-level town, and provincial city People's Committee (hereinafter collectively referred to as the Chairman of the district-level People's Committee) to decide on monthly social assistance, and monthly support for caregiving and fostering expenses for the applicant. In case the applicant does not meet the conditions for entitlement, the Department of Labor, War Invalids, and Social Affairs shall reply in writing, stating the reasons.

dd) Within 03 working days from the date of receiving the submission from the Department of Labor, War Invalids, and Social Affairs, the Chairman of the district-level People's Committee shall review and decide on monthly social assistance, and monthly support for caregiving and fostering expenses for the applicant.

The period of receiving monthly social assistance for the elderly as stipulated in Points b, Clause 5, Article 5 of this Decree shall start from the time that person turns 75 years old, and as stipulated in Point c, Clause 5, Article 5 of this Decree, shall start from the time that person turns 80 years old. The period of receiving monthly social assistance for persons with disabilities shall commence from the month the certificate of disability level is issued. The period of receiving monthly social assistance and monthly support for caregiving and fostering expenses for other applicants shall start from the month the Chairman of the district-level People's Committee signs the decision on monthly social assistance.

The timing for adjusting the level of monthly social assistance shall start from the month the applicant meets the adjustment conditions.

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Therefore, the authority to decide on monthly social assistance does not belong to the Chairman of the commune-level People's Committee but rather to the Chairman of the district-level People's Committee.

Respectfully!