ELDERLY POLICY ACCORDING TO THE REGULATIONS OF VIETNAMESE LAW

ELDERLY POLICY ACCORDING TO THE REGULATIONS OF VIETNAMESE LAW

Elderly people in Vietnam are issued a number of policies by the government to support their daily lives. So, what policies and benefits will the elderly in Vietnam enjoy? Follow the information below with Thien Nam Group!

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1. WHAT IS AN ELDERLY PERSON ACCORDING TO THE LAWS OF VIETNAM?

Up to now, there are many different concepts about the elderly. In the past, people often used the term “elderly” to refer to elderly people, but now the term “elderly” has been used more and more widely. Although the above two terms are not different scientifically, psychologically, “elderly” is a positive term and shows a more respectful attitude.

From a legal perspective, based on the provisions of Article 2 of the 2009 Law on the Elderly, specific regulations regarding the elderly are as follows:

Elderly people are Vietnamese citizens aged 60 years or older.

2. ELDERLY PEOPLE ENJOYING MONTHLY SOCIAL SUPPORT POLICY

The allowance regime is a combination of legal regulations that allow employees and some members of their family to actually receive a sum of money in necessary cases, in accordance with their ability to pay and conditions. socio-economic conditions of the country.

The content of the subsidy regime often includes regimes other than labor remuneration such as social insurance regimes, assistance regimes in times of difficulty, payment regimes upon termination of labor contracts… Depending on the conditions Socio-economic conditions of each period are different, the law stipulates different cases of subsidy, subsidy conditions, subsidy levels…. In a centrally planned economy there are some subsidies in kind (diapers, infant milk). Currently, the main form of subsidy is money, which can be regular, monthly or one-time.

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Pursuant to the provisions of Clause 5, Article 5 of Decree 20/2021/ND-CP, regulations on cases where elderly people are entitled to monthly social allowance policies are specifically as follows:

– Elderly people in poor households do not have anyone with the obligation and right to care for them, or there is someone with the obligation and right to care for them but this person is receiving monthly social benefits;

– Elderly people from 75 years old to 80 years old who belong to poor households or near-poor households who are not specified in Point a, Clause 5, Article 5 of Decree 20/2021/ND-CP are living in communes and villages. Ethnic minorities and mountainous areas are especially difficult;

– People aged 80 years or older who are not subject to the provisions of Point a, Clause 5, Article 5 of Decree 20/2021/ND-CP without pension, monthly social insurance allowance, monthly social allowance ;

– Elderly people who are poor households, do not have anyone with the obligation or right to care for them, do not have the conditions to live in the community, are eligible to be admitted to a social assistance facility but have someone to take care of them. at the community.

Thus, elderly people in Vietnam are citizens 60 years of age or older and to receive monthly social benefits, they must belong to the subjects mentioned in the above regulations.

According to the provisions of Clause 2, Article 17 of the Law on the Elderly 2009 and Point c, Clause 5, Article 5 of Decree 20/2021/ND-CP, elderly people eligible for monthly social benefits are people aged 80 years or older. Up to now there was no pension, monthly social insurance allowance, or monthly social allowance.

In case the subject eligible for the policy has passed away without submitting an application for social benefits, there is no basis to consider receiving the benefit.

3. HOW MUCH IS THE SUBSIDY LEVEL FOR THE ELDERLY?

Pursuant to Point d, Clause 1, Article 6 of Decree 20/2021/ND-CP regulating monthly social allowance levels, subjects specified in Article 5 of this Decree receive monthly social allowance at a level equal to the standard level. Social assistance specified in Article 4 of this Decree multiplied by the corresponding coefficient specified as follows:

– Coefficient of 1.5 for subjects specified in point a, clause 5 from 60 years old to 80 years old;

– Coefficient 2.0 for subjects specified in point a, clause 5 who are 80 years old or older;

– Coefficient 1.0 for objects specified in Points b and c, Clause 5;

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And based on Clause 2, Article 4, Decree 20/2021/ND-CP stipulates the standard level of social assistance as follows:

The standard social assistance level applicable from July 1, 2021 is 360,000 VND/month.

Depending on the ability to balance the budget, the rate of increase in consumer prices and the life situation of social protection beneficiaries, the competent agency shall consider and adjust the standard increase in social assistance accordingly; ensure policy correlation with other subjects.

Thus, based on the standard level and coefficient of each subject according to the above regulations, we can calculate the specific benefit level for each group of elderly people. Elderly people subject to social protection will receive monthly social benefits and specific benefit levels according to each group of conditions as follows:

– Elderly people from poor households; There is no person who has relatives to support them or there are people who are receiving monthly social benefits; From 60 – 80 years old, the coefficient is 1.5, equivalent to 540,000 VND/month.

– Elderly people from poor households; do not have relatives to take care of them or do have relatives who are receiving monthly social benefits; People who are 80 years old or older are entitled to a coefficient of 2.0, equivalent to 720,000 VND/month.

– Elderly people aged 75 – 80 years old from poor or near-poor households; Not falling into the 02 cases mentioned above and living in communes in ethnic minority and mountainous areas with special difficulties are entitled to a coefficient of 1.0, equivalent to 360,000 VND/month..;

– Elderly people aged 80 years or older; do not fall into the cases mentioned above; No pension, monthly social insurance allowance, monthly social allowance is entitled to a coefficient of 1.0, equivalent to 360,000 VND/month.

– Elderly people from poor households; there is no one with the obligation and right to serve; no living conditions in the community; Eligible for admission to a social assistance facility, but there are people who receive foster care or care in the community, they will receive a coefficient of 3.0, equivalent to 1,080,000 VND/month.

4. OBLIGATIONS AND RIGHTS TO SERVE THE ELDERLY

The Law regulates the issue of taking care of the Elderly in two articles: Article 5 stipulates the general principle of responsibility to take care of the Elderly and Article 10 specifically identifies the person with the obligation and right to take care of the Elderly, in accordance with the provisions of the Law. law on marriage and family.

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To encourage people who have no obligation to take care of elderly people from poor households who have no one to take care of them and have a monthly social allowance policy according to the Government’s regulations, Clause 3, Article 20 stipulates that the Government The policy of socializing elderly care activities, sharing responsibility with the State in caring for the elderly, will reduce the number of elderly people sent to social protection centers.

5. MEDICAL EXAMINATION, TREATMENT, HEALTH CARE FOR THE ELDERLY

The law provides specific regulations for people 80 years of age or older to be given priority for examination before other patients, except for emergency patients, people with severe disabilities, and children under 6 years old. This regulation is also consistent with the provisions of the Law on Medical Examination and Treatment and ensures the health care needs of the Elderly.

Point a, Clause 2, Article 12 stipulates that “organization of geriatric departments” is assigned to hospitals (except specialized pediatric hospitals), depending on the conditions of their facilities, to organize geriatric departments or reserve geriatric departments. Some hospital beds to treat elderly patients.

Article 13 stipulates the assignment of commune, ward and town health stations to provide primary health care for the Elderly, such as sending staff to examine and treat patients at the residence of the Elderly with special circumstances, and the People’s Committee. Communes, wards and towns are responsible for taking the elderly to places for medical treatment…

The Law specifically regulates longevity wishes and longevity celebrations in Clauses 1,2 and 3, Article 21 of the Law, which is welcomed by the Elderly. Every year on the occasion of Vietnamese Elderly Day (June 6), the President sends a letter of congratulations to all Vietnamese Elderly people, expressing the Party and State’s concern and encouragement for the Elderly. Longevity greeting and celebration activities are social activities that take place regularly, have become a good tradition of our nation, implemented by the government in coordination with the grassroots Association of the Elderly, and need to continue to be promoted. .

Thien Nam Group hopes that the above article has helped you better understand the latest regulations, regimes, and subsidy policies for the elderly in 2023. Follow Thien Nam Group’s next articles to understand more about Issues related to elderly care!