Social protection beneficiaries receiving care and nurture in social support facilities and social houses in Vietnam

Social protection beneficiaries receiving care and nurture in social support facilities and social houses in Vietnam (Internet image)

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

1. Social protection beneficiaries receiving care and nurture in social support facilities and social houses in Vietnam

Pursuant to Article 24 of Decree 20/2021/ND-CP, social protection beneficiaries receiving care and nurture in social support facilities and social houses (hereinafter referred to as “social support facilities”) as follows:

- Social protection beneficiaries with particularly disadvantaged conditions include:

+ Individuals specified under Clauses 1 to 3 Article 5 of Decree 20/2021/ND-CP who face difficulties, cannot live on their own and receive no care and/or nurture in community;

+ The elderly eligible for receiving care and nurture in social support facilities as per the law on the elderly;

+ Children with disabilities, persons with disabilities eligible for receiving care and nurture in social support facilities according to regulations and law on the elderly.

- Individuals requiring emergency protection include:

+ Victims of domestic violence; victims of sexual assault; victims of trafficking; victims of labor abuse;

+ Children and beggars waiting for transfer to residence;

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

- Minors, individuals no longer capable of working eligible for receiving care and nurture in social support facilities according to regulations and law on imposing penalties for administrative violations.

- Duration for provision of care and nurture for beneficiaries specified under Clause 2 of Article 24 of Decree 20/2021/ND-CP in social support facilities and social houses shall not exceed 3 months.

If beneficiaries are not returned to families or community after 3 months, superior agencies of social support facilities shall consider and decide on appropriate solutions.

- Beneficiaries voluntarily live in social support facilities include:

+ The elderly conforming to trust contracts for care;

+ Individuals not specified under Clauses 1, 2, and 3 of Article 24 of Decree 20/2021/ND-CP ineligible for living in families and wishing to live in social support facilities.

2. Policies on care and nurture in social support facilities in Vietnam

According to Article 25 of Decree 20/2021/ND-CP, individuals under Clauses 1, 2, and 3 Article 24 of Decree 20/2021/ND-CP upon being provided with residence in social support facilities shall receive care and nurture as follows:

- The lowest monthly financing for each individual shall equal standard social support under Clause 2 Article 4 of Decree 20/2021/ND-CP multiplied by following coefficient:

+ 5.0 for children under 4 years of age;

+ 4.0 for children from 4 years of age or older.

- Issue health insurance card according to regulations and law on health insurance card.

- Provide financing for funeral cost upon death with a minimum value of 50 times the standard social support specified under Clause 2 Article 4 of Decree 20/2021/ND-CP.

- Provide necessities for daily routine, blankets, towels, mats, summer clothes, winter clothes, underwear, handkerchief, shoes, toothbrushes, regular medicine, personal hygiene products for women in reproductive age, books, notebooks and school supplies for beneficiaries pursuing education and other costs as per the law.

- In case a beneficiary is receiving monthly financing for nurture under Clause 1 of Article 25 of Decree 20/2021/ND-CP, he/she shall not receive monthly social benefits according to Article 6 of Decree 20/2021/ND-CP.

3. Application for admission to social support facilities for social protection beneficiaries in Vietnam

According to Clauses 2, 3 and 4, Article 27 of Decree 20/2021/ND-CP, application for admission to social support facilities for social protection beneficiaries is as follows:

- Application for admission to social support facilities for social protection beneficiaries having particularly disadvantaged conditions specified under Clause 1 Article 24 of Decree 20/2021/ND-CP includes:

+ Declaration of individuals or guardians thereof using Form No. 7 attached to Decree 20/2021/ND-CP;

Form No. 07

+ Copies of birth certificates for children (adopt birth certificate registration procedures according to regulations and law on civil registration for abandoned children);

+ Copies of written confirmation of disabilities for cases of persons with disabilities;

+ Written confirmation of HIV infection of competent medical agencies for cases of HIV infection;

+ Written request of People’s Committees of communes;

+ Other relevant documents (if any);

+ Written request of Chairpersons of People’s Committees of districts sent to supervisory agencies of social support facilities (if the individuals apply for admission to social support facilities of provinces);

+ Decision on admission of heads of social support facilities.

- Application for admission to social support facilities for individuals requiring emergency protection specified under Clause 2 Article 24 of Decree 20/2021/ND-CP includes:

+ Declaration of individuals or guardians thereof using Form No. 7 attached to Decree 20/2021/ND-CP;

+ Copies of ID Cards, Citizen Identity Cards or personal documents of the individuals (if any);

+ Records for emergency cases where the individuals’ safety is threatened;

+ Written request of Chairpersons of People’s Committees of communes where the individuals are residing or where emergency protection is required;

+ Written request of Chairpersons of People’s Committees of districts sent to supervisory agencies of social support facilities (if the individuals apply for admission to social support facilities of provinces);

+ Decision on admission of heads of social support facilities.

- Application for admission to social support facilities submitted on a voluntary basis includes:

+ Contract for provision of social support service using Form No. 8 attached to Decree 20/2021/ND-CP;

Form No. 08

+ Copies of ID Cards or Citizen Identity Cards or Passports or other valid personal identification papers of the individuals.

Ho Quoc Tuan

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