When will provision of care and nurture for children in Vietnam be discontinued?

When will provision of care and nurture for children in Vietnam be discontinued?

Pursuant to Article 22 of the Decree 20/2021/NĐ-CP stipulating eligibility and responsibilities of individuals providing care and nurture for children in Vietnam as follows:

1. Individuals providing care and nurture for children must guarantee all following eligibility:

a) Have full legal capacity and follow policies of the Communist Party, regulations and law of the Government;

b) Voluntarily provide care for children;

c) Have stable residence and accommodations for children receiving care and nurture;

d) Have economic, health conditions and experience in taking care of children;

dd) If they are living with their spouses, their spouses must satisfy eligibility under Point a and Point b of this Clause.

2. Grandparents, aunts, uncles, siblings provide care for children under Clause 1 Article 5 hereof without satisfying eligibility under Points a, c, and d Clause 1 of this Article are still considered for policies under Article 12 hereof.

3. Individuals providing care and nurture for children must assume all following responsibilities:

a) enabling children to go to schools, receive health care, participate in recreational activities;

b) guarantee safe and hygienic accommodations for children;

c) treat children with equality;

dd) perform other obligations as per the law.

4. Cases where provision of care and nurture for children is discontinued:

a) treat children inappropriately;

b) take advantage of provision of care and nurture for personal gain;

c) having financial issues or other reasons which lead to inability to guarantee care and nurture for children;

d) seriously violate rights of children.

When will provision of care and nurture for the elderly be discontinued?

Pursuant to Article 23 of the Decree 20/2021/NĐ-CP stipulating eligibility and responsibilities for individuals providing care and nurture for persons with very severe disabilities and the elderly living in social support facilities in Vietnam as follows:

1. Individuals providing care and nurture for persons with very severe disabilities and the elderly living in social support facilities must guarantee following eligibility and responsibilities:

a) Have full legal capacity and follow policies of the Communist Party, regulations and law of the Government;

b) Have health, experience and skills for taking care of persons with disabilities and the elderly;

c) Have stable accommodations for persons with disabilities and the elderly;

d) Have adequate financial conditions;

dd) If they are living with their spouses, their spouses must satisfy eligibility under Point a and Point b of this Clause.

2. Cases where provision of care and nurture for persons with disabilities and the elderly is discontinued:

a) Treat persons with disabilities and/or the elderly in appropriately;

b) take advantage of provision of care and nurture for personal gain;

c) Experience financial issues or other reason which lead to inability to guarantee care and nurture for persons with disabilities and/or the elderly;

d) seriously violate rights of beneficiaries of care and nurture.

Which entities are social protection beneficiaries with particularly disadvantaged conditions in Vietnam?

Pursuant to Article 24 of the Decree 20/2021/NĐ-CP stipulating social protection beneficiaries receiving care and nurture in social support facilities and social houses (hereinafter referred to as “social support facilities”) in Vietnam as follows:

1. Social protection beneficiaries with particularly disadvantaged conditions include:

a) Individuals specified under Clauses 1 to 3 Article 5 hereof who face difficulties, cannot live on their own and receive no care and/or nurture in community;

b) The elderly eligible for receiving care and nurture in social support facilities as per the law on the elderly;

c) Children with disabilities, persons with disabilities eligible for receiving care and nurture in social support facilities according to regulations and law on the elderly.

2. Individuals requiring emergency protection include:

a) Victims of domestic violence; victims of sexual assault; victims of trafficking; victims of labor abuse;

b) Children and beggars waiting for transfer to residence;

c) Other individuals according to decisions of Chairpersons of People’s Committees of provinces.

3. Minors, individuals no longer capable of working eligible for receiving care and nurture in social support facilities according to regulations and law on imposing penalties for administrative violations.

4. Duration for provision of care and nurture for beneficiaries specified under Clause 2 of this Article in social support facilities and social houses shall not exceed 3 months. If beneficiaries are not returned to families or community after 3 months, superior agencies of social support facilities shall consider and decide on appropriate solutions.

5. Beneficiaries voluntarily live in social support facilities include:

a) The elderly conforming to trust contracts for care;

b) Individuals not specified under Clauses 1, 2, and 3 of this Article ineligible for living in families and wishing to live in social support facilities.

Best regards!