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Circular No. 02/2021/TT-BLDTBXH Dated June 24, 2021 of Ministry of Labor - Invalids and Social Affairs Guiding Implementation of Decree No. 20/2021/ND-CP on Social Support Policies for Social Protection Beneficiaries

  • Perform: Le Thao (Translator: Linh Dieu Tran)
  • 16/07/2021

Accordingly, Circular No. 02/2021/TT-BLDTBXH provides guidelines on: temporary and permanent suspension from monthly social benefits and monthly financing for care and nurture; policies for individuals requiring emergency protection; training in care and nurture operations and in procedures for transfer of level and coefficient. This Circular is applicable to agencies, organizations, families and individuals utilizing the state budget to implement social support policies for social protection beneficiaries. Some notable items are as follows:

(1) Beneficiaries suspended from monthly social benefits specified under Clause 2, Article 8 of Decree No. 20/2021/ND-CP include:

- Beneficiaries deceased or missing as per the law;

- Beneficiaries specified under Article 5 Decree No. 20/2021/ND-CP and no longer eligible for monthly social benefits;

- Beneficiaries serving prison sentences or obliged to execute decisions of competent state authorities on suspension from social benefits;

- Beneficiaries refusing to receive social benefits;

- Beneficiaries who, after 03 months from the date on which the decisions on suspension from social benefits are issued, still fail to comply with requests of competent state authorities for re-determination of level of disabilities, re-determination of eligibility for receiving social benefits or other information serving beneficiary management.

(2) Individuals providing care and nurture shall be suspended from monthly financing of care and nurture in the following cases:

- Beneficiaries of care and nurture or individuals providing care and nurture are decease or missing as per the law;

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

- Individuals providing care and nurture are no longer eligible for providing care and nurture specified under Articles 22 and 23 of Decree No. 20/2021/ND-CP;

- Individuals providing care and nurture are handled for an administrative violation in the fields of social support and relief or child protection and care, or are convicted under effective judgments.

(3) Monthly social benefits and monthly financing for care and nurture shall be temporarily suspended in the following cases:

- Beneficiaries have not received social benefits continuously for 03 months or more;

- Beneficiaries fail to comply with requests of competent state authorities for re-determination of level of disabilities, re-determination of eligibility for receiving social benefits or other information serving beneficiary management;

- Beneficiaries of monthly social benefits have been kept in temporary detention for 01 month or more.

(4) Policies for individuals requiring emergency protection are as follows:

- Allowances while living with households providing care and nurture: VND 60,000/person/day.

- Medical treatment financing in case of treatment in medical examination and treatment establishments is as follows:

+ For individuals with health insurance cards, medical treatment financing must comply with the law of health insurance.

+ For individuals without health insurance cards, medical treatment financing shall be the same as that for individuals with health insurance cards.

- Costs for transferring the individuals to residence or social support facilities are as follows:

+ Levels of payment shall be equal to public transport prices in localities.

+ In case of using vehicles of agencies or units, levels of payment shall be calculated by multiplying 0.2 liters of gasoline/1 km, the actual number of kilometers and the price of gasoline at the time of transportation.

+ In case of renting vehicles from external rental agencies, levels of payment shall be equal to rental price adhering to the agreements and be consistent with the price in localities at the time of rental.

(5) Households and individuals providing care and nurture for social beneficiaries shall receive training in care and nurture operations, specifically in: Proper nutrition; Accommodation arrangement and daily living assistance; Psychological and physiological counseling and assessment; Related policies and laws; and other related professions.

Besides, the Circular stipulates that Sub-departments of Labor – Invalids and Social Affairs are responsible for reviewing and preparing lists of beneficiaries who are receiving monthly social benefits and monthly financing for care and nurture and presenting to Chairpersons of People’s Committees of districts to decide on payment as specified under Decree No. 20/2021/ND-CP from July 1, 2021. Heads of social support facilities or social houses shall summarize and report to competent authorities to guarantee funds for and organize implementation of policies on care and nurture as specified under Decree No. 20/2021/ND-CP from July 1, 2021.

Circular No. 02/2021/TT-BLDTBXH comes into effect from August 8, 2021.

Please follow the link below for more details:

https://thuvienphapluat.vn/van-ban/van-hoa-xa-hoi/Thong-tu-02-2021-TT-BLDTBXH-huong-dan-Nghi-dinh-20-2021-ND-CP-chinh-sach-tro-giup-xa-hoi-478912.aspx