Subjects who will no longer receive monthly social benefits in 2023

According to Clause 1, Article 2 of Circular 02/2021/TT-BLDTBXH, the subjects that stop receiving monthly social allowances as prescribed in Clause 2, Article 8 of Decree 20/2021/ND-CP include:

(1) Subjects who are dead or missing according to the provisions of law;

(2) Subjects in Article 5 of Decree 20/2021/ND-CP are no longer eligible for monthly social allowances, specifically:

(i) Children under 16 years of age without a source of support in one of the specific cases.

(ii) People who are subject to the provisions in (i) and are receiving monthly social allowances and are 16 years old but are studying culture, vocational training, professional secondary school, college, or first-degree university will continue to receive social assistance policies until they finish their studies, but not to exceed 22 years old.

(iii) Children infected with HIV/AIDS from poor households.

(iv) People in poor households or near-poor households who are single or have no husband or wife; have a husband or wife but are dead or missing according to the provisions of law and are raising children under 16 years old

Or is raising a child from 16 to 22 years old and that child is studying culture, vocational training, professional secondary school, college, university with a first degree as prescribed in (ii) (hereinafter referred to as poor single people raising children).

(v) Elderly people falling into one of the prescribed cases.

(vi) People with severe disabilities and people with especially severe disabilities according to the law on people with disabilities.

(vii) Children under 3 years old from poor households or near-poor households not subject to the provisions of (i), (iii), (vi) living in communes and villages of ethnic minorities and mountainous areas with special difficulties.

(viii) People infected with HIV/AIDS from poor households do not have a stable monthly income such as salary, wages, pension, social insurance benefits, or monthly social benefits.

(3) Subjects serving a prison sentence in prison or having a decision by a competent State agency to stop receiving social benefits;

(4) Subjects refusing to receive benefits and policies;

(5) After 3 months from the date of the decision to temporarily suspend the payment of social allowances prescribed in Point b Clause 3 Article 2 Circular 02/2021/TT-BLDTBXH, the subject still does not comply with the request of the competent State agency to re-determine the level of disability, re-determine the conditions for receiving social assistance or other information serving the management of the subject.

Procedures for stopping receiving monthly social benefits

In Part II, the content of the administrative procedures issued with Decision No. 292/QD-LDTBXH dated March 16, 2023 of the Minister of Labor, War Invalids and Social Affairs on promulgating the amended and supplemented administrative procedures in the field of social protection under the State management functions of the Ministry of Labor, War Invalids and Social Affairs is as follows:

* Procedures for implementation, adjustment, and termination of monthly social benefits, monthly care and nurturing financial support

1. Implementation sequence

- Step 1: The subject, the subject's guardian or the relevant organization or individual prepares the application according to regulations and sends it to the Chairman of the People's Committee of the commune, ward or town where they reside. When submitting the application, the following documents must be presented (in case of direct submission) so that the officer receiving the application can compare the information declared in the application:

Certificate of residence information or Notice of personal identification number and citizen information in the National Population Database; Identity card or Citizen Identification card;

Birth certificate of children in case of social allowance consideration for children, poor single people raising children, disabled people raising children;

HIV infection confirmation document from a competent health authority in case of HIV infection;

Pregnancy confirmation document from a competent health authority in case of pregnant disabled person;

Disability certificate for disabled people.

- Step 2: Within 07 working days from the date of receiving the complete dossier, the civil servant in charge of Labor - Invalids and Social Affairs is responsible for reviewing the dossier, submitting it to the Chairman of the Commune People's Committee to organize the review, decide on the review and approval, and publicly post the review results at the headquarters of the Commune People's Committee within 02 working days, except for information related to HIV/AIDS of the subject. In case of complaint, within 10 working days from the date of receiving the complaint, the Chairman of the Commune People's Committee shall organize the review, conclusion and publicize the content of the complaint.

- Step 3: Within 03 working days from the date the application is reviewed and there are no complaints, the Chairman of the Commune People's Committee shall send a written request with the applicant's application to the Department of Labor, War Invalids and Social Affairs.

- Step 4: Within 07 working days from the date of receiving the subject's dossier and the request document of the Chairman of the Commune People's Committee, the Department of Labor, War Invalids and Social Affairs is responsible for appraising and submitting to the Chairman of the District, Town, City People's Committee to decide on monthly social allowances and monthly financial support for care and upbringing for the subject. In case the subject is not eligible for benefits, the Department of Labor, War Invalids and Social Affairs shall respond in writing and state the reasons.

- Step 5: Within 03 working days from the date of receiving the submission document from the Department of Labor - Invalids and Social Affairs, the Chairman of the District People's Committee shall consider and decide on monthly social allowances and monthly financial support for care and upbringing for the subject.

2. How to do it

In person, by mail or online (if conditions permit)

3. Components and number of documents

* Profile components include:

- For monthly social allowance application: Subject's declaration (according to Form No. 1a, 1b, 1c, 1d, 1đ issued with Decree No. 20/2021/ND-CP).

- For application for monthly care and nurturing funding support:
Declaration of household with disabled person (according to Form No. 2a issued with Decree No. 20/2021/ND-CP);

Declaration of receiving care and nurturing of social protection beneficiaries (according to Form No. 2b issued with Decree No. 20/2021/ND-CP);

Declaration of the subject receiving care and nurturing in case the subject does not receive monthly social allowance (according to Form No. 03 issued with Decree No. 20/2021/ND-CP).

* Quantity: 01 set.

4. Processing time: 22 working days.

5. Subjects performing administrative procedures: Subjects, guardians of subjects or related organizations and individuals

6. Administrative procedure settlement agency: Commune-level People's Committee; Department of Labor, War Invalids and Social Affairs; Chairman of District-level People's Committee.

7. Results of administrative procedure implementation: Decision on monthly social allowance, monthly support for care and nurturing expenses for the subject.

8. Fees: None.

9. Name of form, declaration form

- Application form for social assistance (Forms No. 1a, 1b, 1c, 1d, 1d issued with Decree No. 20/2021/ND-CP).

- Declaration of household with disabled person (Form No. 2a issued with Decree No. 20/2021/ND-CP).

- Declaration of acceptance of care and upbringing (Form No. 2b issued with Decree No. 20/2021/ND-CP).

- Declaration of subjects to be cared for and nurtured (Form No. 03 issued with Decree No. 20/2021/ND-CP).

10. Requirements and conditions for performing administrative procedures

Subjects and guardians of subjects specified in Article 5; households and individuals receiving monthly care and nurturing in the community as prescribed in Clause 1, Article 18 of Decree No. 20/2021/ND-CP.

Minh Hoa (t/h)

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