Hi Lawnet. What are the regulations on social patronage policies for elderly in Vietnam? - Cuong Bao (Khanh Hoa, Vietnam)
Social patronage policies for elderly in Vietnam
1. Persons entitled to social patronage policies in Vietnam
According to Article 17 of the Law on Elderly 2009, beneficiaries of social protection policies include:
- The elderly of poor households without persons having the care-taking obligations and rights or with persons having the care-taking obligations and rights who however, currently enjoy monthly social relief allowances.
- Persons aged full 80 or over other than those defined in Clause 1, Article 17 of the Law on the Elderly 2009 who have no pensions, monthly social insurance allowances or monthly social relief allowances.
2. Social patronage policies for elderly in Vietnam
The social protection policy for the elderly is specified in Article 18 of the Law on Elderly 2009, specifically as follows:
- The elderly defined in Section 1 of this Law are entitled to health insurance, monthly social relief allowances and payment of funeral and burial costs upon their death, except cases specified in Clause 2, Article 18 of the Law on Elderly 2009.
- The elderly of poor families without persons having the care-taking obligations and rights, no conditions to live in the community, have the aspiration and are admitted into social patronage establishments, are entitled to the following benefits:
= Annual nurturing allowance;
= Supply of personal effects and articles for their daily activities;
= Health insurance;
= Provision of common medicines;
= Provision of tools and equipment for functional rehabilitation;
= Funeral and burial upon death.
3. Rights and obligations of the elderly in Vietnam
3.1. Rights of the elderly in Vietnam
Specifically, in Clause 1, Article 3 of the Law on Elderly 2009, the elderly have the following rights:
- To be guaranteed with basic food, clothing, lodging, movement and healthcare needs;
- To decide to live with their children, grandchildren or to live separately at their own will;
- To be given priority in the use of services under this Law and other relevant laws:
- To be provided with conditions to participate in cultural, educational, physical training, sports, entertainment, tourist and recreation activities;
- To be provided with conditions to work in suitability to their health and professions and other conditions in order to bring into full play their role;
- To be exempt from contributions to social activities, except voluntary contributions;
- To be given priority in the receipt of relief in cash or in kind, healthcare and lodgings with a view to overcoming initial difficulties when they meet with difficulties due to consequences of natural disasters or other force majeure circumstances;
- To join in the Vietnam Elderly Association under the Association's charter;
- Other rights defined by law.
3.2. Obligations of the elderly in Vietnam
The elderly have the following obligations:
- To set bright examples in moral quality and lifestyles: to educate young generations to preserve and promote the fine traditions of the nation; to be exemplary in observing and mobilizing families and communities to observe the Party's policies and line and the State's laws;
- To pass their precious experiences to younger generations;
- Other obligations defined by law.
(Clause 2, Article 3 of the Law on Elderly 2009)
4. Prohibited acts against the elderly in Vietnam
According to Article 9 of the Law on Elderly 2009, prohibited acts against the elderly include:
- Insulting, ill-treating or hurting, persecuting, discriminating against the elderly.
- Infringing upon or preventing the elderly from exercising their rights to marriage, property ownership and other lawful rights.
- Failing to perform the obligations of taking care of the elderly.
- Taking advantage of the looking after and taking care of the elderly for self-seeking interests.
- Forcing the elderly to labor or do things contrary to law.
- Forcing, arousing, inciting or abetting other persons to commit illegal acts against the elderly.
- Retaliating and intimidating persons who help the elderly or who detect, report on or prevent illegal acts against the elderly.
Thanh Rin