Which elderly are entitled to monthly social benefits in Vietnam?

Which elderly are entitled to monthly social benefits in Vietnam? (Internet image)

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

1. Which elderly are entitled to monthly social benefits in Vietnam?

Specifically, in Clause 5, Article 5 of Decree 20/2021/ND-CP stipulating that the elderly in one of the following cases are entitled to the monthly social benefits:

- 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.

2. Monthly social benefit for the elderly

Pursuant to Point dd, Clause 1, Article 6 of Decree 20/2021/ND-CP, the elderly specified in Article 5 of Decree 20/2021/ND-CP are entitled to a monthly social benefit equal to the standard social support amount specified in Article 4 of Decree 20/2021/ND-CP (360,000 VND/month) multiplied by the corresponding coefficient prescribed as follows:

- 1.5 for individuals under Point a Clause 5 Article 5 of Decree 20/2021/ND-CP from 60 years of age to 80 years of age;

- 2.0 for individuals under Point a Clause 5 Article 5 of Decree 20/2021/ND-CPat 80 years of age or older;

- 1.0 for individuals under Points b and c Clause 5 Article 5 of Decree 20/2021/ND-CP;

- 3.0 for individuals under Point d Clause 5 Article 5 of Decree 20/2021/ND-CP.

3. Procedures for the elderly to receive monthly social benefit in Vietnam

According to Clause 1, Article 8 of Decree 20/2021/ND-CP, procedures for implementation, revision and suspension of benefiting from monthly social benefits and monthly care financing are as follow:

- Beneficiaries, their guardians or relevant organizations, individuals shall prepare application according to Article 7 hereof and submit to People’s Committees of communes, wards, townlets where they live (hereinafter referred to as “People’s Committees of communes”). Following documents must be submitted along submission of application to enable receiving officials to compare information:

+ Family register of beneficiaries of written confirmation of police authorities of communes, wards, townlets; ID Cards of Citizen Identity Cards;

+ Birth certificates of children in case of considering social benefits for children, poor single parents, individuals with disabilities and raising children;

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

+ Written confirmation of pregnancy of competent medical agencies for cases of pregnant individuals with disabilities;

+ Written confirmation of disabilities for cases of individuals with disabilities.

- Within 7 working days from the date on which adequate documents are received, officials in charge of labor - war invalids and social affairs are responsible for reviewing the documents and presenting to Chairpersons of People’s Committees of communes to consider, decide and publicly post approval results at head offices of People’s Committees of communes in 2 working days, except for information related to HIV/AIDS condition of the applicants.

In case of complaints, within 10 working days from the date on which complaints are received, Chairpersons of People’s Committees of communes shall review, conclude and publicize the complaints.

- Within 3 working days from the date on which documents are approved without complaints, Chairpersons of People’s Committees of communes shall request Sub-departments of Labor – War Invalids and Social Affairs in writing and attach documents of the applicants.

- Within 7 working days from the date on which subjects’ documents and written request of Chairpersons of People’s Committees of communes, Sub-departments of Labor – War Invalids and Social Affairs are responsible for appraising and presenting decision on monthly social benefits, monthly financing for care, nurture for the applicants to Chairpersons of People’s Committees of districts, townlets (hereinafter referred to as “Chairpersons of People’s Committees of districts”).

In case the applicants are ineligible, Sub-departments of Labor – War Invalids and Social Affairs shall respond in writing and provide reason.

- Within 3 working days from the date on which written presentation of Sub-departments of Labor – War Invalids and Social Affairs are received, Chairpersons of People’s Committees of districts shall review and decide on provision of monthly social benefits and monthly financing for care, nurture for applicants.

Period of monthly social benefits for the elderly under Point b Clause 5 Article 5 of Decree 20/2021/ND-CP starts as soon as they reach 75 years of age and 80 years for the elderly specified under Point c Clause 5 Article 5 of Decree 20/2021/ND-CP.

Period of monthly social benefits for persons with disabilities starts from the month in which they are issued with verification of level of disabilities.

Period of monthly social benefits, monthly financing for care, nurture of other beneficiaries starts from the month in which Chairpersons of People’s Committees sign decisions on monthly social benefits.

Revision period for monthly social benefits starts from the month in which applicants are eligible for revision.

Ho Quoc Tuan

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