Vietnam: Cases of ceasing or suspension of monthly social allowance beginning July 1, 2021

11:11, 28/06/2021

Circular 02/2021/TT-BLDTBXH instructs Decree 20/2021/ND-CP stipulating social assistance policies for beneficiaries of social protection in Vietnam.

Vietnam: Cases of ceasing or suspension of monthly social allowance beginning July 1, 2021 (Illustration)

Beneficiaries ceasing to receive monthly social benefits in Vietnam

According to Clause 1, Article 2 of this Circular, beneficiaries ceasing to receive monthly social benefits under Clause 2 Article 8 of Decree 20/2021/ND-CP include:

- Beneficiaries decease or go missing as per the law;

- Beneficiaries under Article 5 of Decree 20/2021/ND-CP are no longer eligible for receiving monthly social benefits;

- Beneficiaries comply with prison sentences or are subject to decisions of competent authority on ceasing to receive social benefits;

- Beneficiaries waive policies and/or benefits;

- Beneficiaries fail to comply with request of competent authority regarding re-verifying level of disabilities, re-verifying eligibility for receiving social benefits or other information serving management within 3 months from the date on which decisions on suspending social benefits.

Clause 2, Article 8 of Decree 20/2021/ND-CP stipulates as follows:

In case beneficiaries of monthly social benefits, monthly financing for care and nurture decease or turn ineligible for social benefits, Chairpersons of People’s Committees of communes shall request Sub-departments of Labor – War Invalids and Social Affairs to submit reports to Chairpersons of People’s Committees of districts to suspend monthly social benefits, monthly financing for care and nurture.

Beneficiaries of monthly social benefits and monthly financing for care, nurture shall cease to receive such benefits in the month following the month in which they decease or turn ineligible for social benefits.

Ministry of Labor – War Invalids and Social Affairs of Vietnam shall provide specific guidelines for cases of temporary and permanent suspension of monthly social benefits and monthly financing for care, nurture.

03 cases of suspending social benefits and monthly funding for care and nurture

Comply with Clause 3, Article 2 of Circular 02, below are 03 groups of subjects being suspended from receiving social benefits and monthly funding for care and nurture:

- Beneficiaries fail to receive policies for 3 months consecutively; or

- Beneficiaries are detained for at least 1 month in case the beneficiaries are receiving monthly social benefits.

In addition, Circular 02 also stipulates subject are ceased to provide monthly funding for care and nurture for providers of care and nurture when:

- Beneficiaries or providers of care and nurture decease or go missing as per the law; or

- Beneficiaries of care and nurture under Article 5 of Decree 20/2021/ND-CP are no longer eligible for receiving care and nurture as per the law; or

- Providers of care and nurture are no longer eligible according to Article 22 and Article 23 of Decree 20/2021/ND-CP; or

- Providers of care and nurture are met with penalties for administrative violations in social assistance, protection and children protection, care or are convicted by legally effective judgments.

Bao Ngoc

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