07 Prohibited acts against the elderly under the law in Vietnam

07 Prohibited acts against the elderly under the law in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. How old is an elderly person?

According to Article 2 of the Law on Elderly 2009, the elderly defined in this Law are Vietnamese citizens aged full 60 or over.

2. Prohibited acts against the elderly in Vietnam

Specifically, in Article 9 of the Law on Elderly 2009, prohibited acts against the elderly include:

(1) Insulting, ill-treating or hurting, persecuting, discriminating against the elderly.

(2) Infringing upon or preventing the elderly from exercising their rights to marriage, property ownership and other lawful rights.

(3) Failing to perform the obligations of taking care of the elderly.

(4) Taking advantage of the looking after and taking care of the elderly for self-seeking interests.

(5) Forcing the elderly to labor or do things contrary to law.

(6) Forcing, arousing, inciting or abetting other persons to commit illegal acts against the elderly.

(7) Retaliating and intimidating persons who help the elderly or who detect, report on or prevent illegal acts against the elderly.

3. Responsibilities of agencies, organizations, families and individuals in Vietnam

Responsibilities of agencies, organizations, families and individuals in Vietnam include:

- Agencies and organizations shall, within the ambit of their respective tasks and powers, take care of and protect the legitimate rights and interests of the elderly.

- The Vietnam Fatherland Front and its member organizations and other organizations shall agitate and mobilize people to heighten the responsibility to take care of and bring into full play the role of the elderly: to participate in supervising the implementation of policies and laws on the elderly.

- The elderly's families shall take the main responsibility in taking care of the elderly.

- Individuals shall respect and help the elderly.

(Article 5 of the Law on Elderly 2009)

4. Activities of promoting the elderly's role in Vietnam

According to Article 23 of the Law on Elderly 2009, the State, society and families shall create conditions for the elderly to bring into full play their intellect, precious experiences and fine qualities in the following activities:

- Education about the traditions of unity, patriotism and love for humans and nature;

- Building of cultured life; preserving and promoting national cultural identities at establishments and communities; participating in movements for learning promotion, talent promotion, support of education and training of virtuous and talented persons and other campaigns in communities;

- Impartation of skills, experiences and economic, cultural, social, scientific and technological knowledge and traditional crafts to young generations;

- Research, education, training, scientific and technological application; and professional and technical consultancy;

- Economic development, poverty reduction and getting rich in lawful ways;

- Maintenance of political security, social order and safety; reconciliation of conflicts and disputes in communities;

- Observance of the law on grassroots democracy; practice of thrift against waste: prevention and combat of corruption and bureaucracy; prevention and fighting of HIV/ AIDS and social vices:

- Contribution of opinions on draft policies and laws and participation in supervising the enforcement of policies and laws;

- Other social activities in the interest of organizations and the public.

5. Agencies performing the state management of elderly-related work in Vietnam

Agencies performing the state management of elderly-related work are specified in Article 28 of the Law on Elderly 2009, specifically as follows:

- The Government performs the unified state management of elderly-related work.

- The Ministry of Labor, War Invalids and Social Affairs is answerable to the Government for the performance of the state management of elderly-related work.

- Ministries and ministerial-level agencies shall, within the ambit of their respective tasks and powers, coordinate with the Ministry of Labor, War Invalids and Social Affairs in performing the state management of elderly-related work.

- People's Committees at all levels shall, within the ambit of their respective tasks and powers, perform the slate management of elderly-related work; incorporate elderly-related activities in local socio-economic development plans; and create conditions for agencies, organizations and individuals to participate in taking care of and promoting the role of the elderly.

Thanh Rin

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