If the father is declared missing, will his child receive a monthly allowance in Vietnam?
If the father is declared missing, will his child receive a monthly allowance in Vietnam? What is penalty for falsifying documents to receive monthly benefits in Vietnam?
Hello Lawyers, I want to ask: near my house, there is a child in 3rd grade. His mother passed away early and lived with his father, but recently his father was declared missing by the Court. Is he entitled to monthly benefits?
Please advise. Thankyou.
If the father is declared missing, will his child receive a monthly allowance in Vietnam?
In Clause 1, Article 5, Decree 20/2021/ND-CP stipulates that social protection beneficiaries eligible for monthly social benefits:
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.
According to this Article, when the child's father has been declared missing by the Court according to the law in Vietnam, the child is entitled to a monthly allowance.
If the father is declared missing, will his child receive a monthly allowance in Vietnam? (Image from the Internet)
What is penalty for falsifying documents to receive monthly benefits in Vietnam?
According to Article 6 of Decree 130/2021/ND-CP stipulating violation of regulations on application for social protection policies:
1. A warning or a fine ranging from VND 100.000 to VND 250.000 shall be imposed on falsification of declaration in order to benefit from emergency social allowances, except for cases under Clause 2 and Clause 3 of this Article.
2. A fine ranging from VND 250.000 to VND 500.000 shall be imposed on falsification of declaration in order for 2 to 9 people to benefit from emergency social allowances.
3. A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed on falsification of declaration in order for 10 people or more to benefit from emergency social allowances.
4. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed on:
a) Falsification of declaration in order to benefit from monthly social allowances;
b) Falsification of declaration in order to benefit from monthly care and nurture funding;
c) Falsification of declaration in order to be admitted to social assistance establishments or concentrated care, nurture facilities.
5. Remedial measures:
a) Mandatory return of revenues illegally generated by the violations under Clauses 1, 2, 3 and Points a and b Clause 4 of this Article;
b) Cessation of social protection at the social assistance establishments or concentrated care, nurture facilities for violation under Point c Clause 4 of this Article.
Thus, when there is an act of false declaration to receive social benefits, the individual committing the violation will be fined from 1,000,000 to 3,000,000 VND in Vietnam.
Best regards!