Eligibility for receiving care and nurture in community in Vietnam

Eligibility for receiving care and nurture in community in Vietnam (Internet image)

Regarding this issue, LawNet responded as follows:

1. Eligibility for receiving care and nurture in community in Vietnam

Eligibility for receiving care and nurture in community according to Article 18 of Decree 20/2021/ND-CP is as follows:

(1) Individuals eligible for receiving monthly care and nurture from households, individuals in community include:

- Children who are under 16 years of age, receiving no nurture and:

+ Abandoned without foster parent(s); or

+ Without both parents; or

+ Without a parent while the other is declared missing as per the law; or

+ Without a parent while the other is receiving care, nurture in a social support facility or social housing; or

+ 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

+ Having both parents declared missing as per the law; or

+ Having both parents receiving care, nurture in social support facilities or social houses; or

+ 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

+ Having a parent declared missing as per the law while the other is receiving care, nurture in social support facility or social house; or

+ 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

+ 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.

- The elderly who are living in poor households, having no individuals with obligations and rights to care for, inadequate to live in community, adequate to be admitted to social support facilities and receiving care, nurture in community.

- Individuals with severe disabilities and individuals with very severe disabilities according to regulations and law on individuals with disabilities.

(2) Individuals requiring emergency protection and eligible for receiving temporary care and nurture in community include:

- Children whose both parents have deceased or gone missing as per the law without receiving care, nurture from capable relatives;

- Victims of domestic violence; victims of sexual harassment, body violation; victims of trafficking; victims of labor abuse requiring emergency protection while waiting for transfer to residence or social support facilities, social houses;

- Children and individuals wandering and begging while waiting for transfer to social support facilities, social houses;

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

(3) Duration for temporary care and nurture in community for individuals under (2) shall be 3 months or less.

In case households and individuals do not provide permanent care and nurture at the end of temporary care and nurture period, Chairpersons of People’s Committees of communes shall transfer to other households and individuals for temporary care and nurture;

Or request Sub-departments of Labor – War Invalids and Social Affairs to request Chairpersons of People’s Committees of districts to provide care and nurture in social support facilities and social houses as per the law.

2. Policies for individuals provided with care and nurture in Vietnam

Policies for individuals provided with care and nurture in Vietnam according to Article 19 of Decree 20/2021/ND-CP is as follows:

* Individuals under (1) shall benefit from following policies:

- Monthly social benefits according to Article 6 of Decree 20/2021/ND-CP;

- Issuance of health insurance card according to Article 9 of Decree 20/2021/ND-CP;

- Support for education, training and vocational training according to Article 10 of Decree 20/2021/ND-CP;

- Financing for funeral costs according to Article 11 of Decree 20/2021/ND-CP.

* Individuals under (2) upon being provided with care and nurture in households shall receive following support:

- Allowances while living with households that provide care and care;

- Medical treatment financing in case of treatment in medical examination and treatment establishments without health insurance cards;

- Costs for transferring the individuals to residence or to social support facilities or social houses.

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