Procedures for financing funeral cost for social protection beneficiaries in Vietnam

Procedures for financing funeral cost for social protection beneficiaries in Vietnam (Internet image)

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

1. Subjects of financing for funeral cost upon their decease in Vietnam

Subjects of financing for funeral cost upon their decease according to Clause 1, Article 11 of Decree 20/2021/ND-CP include:

* Individuals specified under Article 5 of Decree 20/2021/ND-CP benefiting monthly social benefits;

(1) 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.

(2)  Individuals under (1) who are receiving monthly benefits, of 16 years of age and pursuing formal education, vocational education, professional secondary education, college education or first higher education degrees shall benefit from social support policies until they finish education or reach the age of 22, whichever comes first.

(3) Children living in poor households and contracted HIV/AIDS.

(4) Individuals who live in poor, near-poor households and have not married; individuals who are married to spouses that are deceased or missing as per the law and raising children under 16 years of age or children from 16 to 22 years of age that are pursuing formal education, vocational education, professional secondary education, college education or first higher education degrees according to (2) (hereinafter referred to as “poor single parent”).

(5) The elderly who are:

- Living in poor households, deprived of individuals with obligations and rights to care or living with individuals with obligations and rights to care who are benefiting from monthly social benefits; or

- From 75 to 80 years of age, living in poor or near-poor households, not specified under Point a of this Clause and living in ethnic minorities in communes, hamlets and mountainous regions; or

- Of 80 years of age or older, not specified under Clause a of this Clause and receiving no pension, monthly social security benefits or monthly social benefits; or

- 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.

(6) Individuals with severe disabilities and individuals with very severe disabilities according to regulations and law on individuals with disabilities.

(7) Children under 3 years of age, living in poor households or near-poor households, not specified under (1), (3) and (6) and living in ethnic minorities in communes, hamlets and mountainous regions.

(8) Individuals contracted HIV/AIDS, living in poor households and having no stable monthly income namely salary, wage, pension, social security benefit, monthly social security.

* Children of poor single parents specified under Clause 4 Article 5 of Decree 20/2021/ND-CP;

* Individuals of at least 80 years of age receiving monthly survivor allowance from social insurance and other monthly social allowances.

2. Application for financing for funeral cost in Vietnam

According to Clause 3, Article 11 of Decree 20/2021/ND-CP, application for financing for funeral cost includes:

- Application for financing for funeral cost of agencies, organizations, households or individuals in charge of organizing funeral for beneficiaries using Form No. 4 attached to Decree 20/2021/ND-CP;

Form No. 04

- Copies of death certificates of beneficiaries;

- Copies of decisions or list of individuals suspended from social benefits and other benefits of competent agencies for cases specified under Point c Clause 1 of  Article 11 of Decree 20/2021/ND-CP.

3. Procedures for financing funeral cost in Vietnam

According to Clause 4, Article 11 of Decree 20/2021/ND-CP, procedures for financing funeral cost:

- Individuals, agencies and entities in charge of organizing funeral shall prepare as specified under Clause 3 of this Article and submit to Chairpersons of People’s Committees of communes;

- Within 2 working days from the date on which adequate application is received, Chairpersons of People’s Committees of communes shall send the application and beneficiaries’ dossiers to Sub-departments of Labor – War Invalids and Social Affairs;

- Within 3 working days from the date on which documents of Chairpersons of People’s Committees of communes are received, Sub-departments of Labor - War Invalids and Social Affairs shall consider and request Chairpersons of People’s Committees of districts to decide on financing funeral cost.

4. Financing for funeral costs for beneficiaries in Vietnam

According to Clause 2, Article 11 of Decree 20/2021/ND-CP, the financing for funeral costs for beneficiaries specified in Section 1 is equal to 20 times of the standard rate of social support specified in Clause 2 Article 4 of Decree 20/2021/ND-CP.

In the event that the subjects specified in Section 1 are supported with funeral expenses specified in many different documents with different levels, they will only be entitled to the highest level.

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