Policy analysis

04 cases of ceasing support of monthly care and nurturing expenses in Vietnam

15:51, 28/06/2021

The Ministry of Labour, Invalids and Social Affairs of Vietnam has issued Circular 02/2021/TT-BLDTBXH on social assistance for social protection beneficiaries. In which, 04 cases are not allowed to receive monthly care and nurture support for care and nurture recipients, including:

04 cases of discontinuing support of monthly care and nurturing expenses in Vietnam (Illustration)

First, the person receiving care, fostering or the person receiving foster care dies or who goes missing as prescribed by law;

Second, the person receiving care and nurture specified in Article 5 of Decree 20/2021/ND-CP is no longer eligible for foster care.

Eg:

- Children under 16 years of age already have a nurturing source;

- Not children with HIV/AIDS from poor households.

- The elderly do not fall into one of the cases specified in Clause 5, Article 5 of Decree 20/2021/ND-CP;

- Not being a person infected with HIV/AIDS and belonging to a poor household without a stable monthly income source such as salary, wages, pension, social insurance allowance, monthly social allowance, etc.

Third, recipients of care and nurture are not entitled to receive monthly financial support when they no longer satisfy the conditions prescribed in Articles 22 and 23 of Decree 20/2021/ND-CP.

Article 22 of Decree 20/2021/ND-CP stipulates Individuals providing care and nurture for children must guarantee all following eligibility:

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

(2) Voluntarily provide care for children;

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

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

(5) If they are living with their spouses, their spouses must satisfy eligibility under Point (1) and (2).

Article 23 of Decree 20/2021/ND-CP stipulates that 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:

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

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

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

(4) Have adequate financial conditions;

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

Fourth, the person receiving care and nurture is handled for administrative violations in the fields of protection, social relief, and child protection and care or sentenced by a legally effective judgment.

Thuy Trong

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