Lao Dong Newspaper Legal Consulting Office replied:
1. Procedures for implementation, adjustment, and termination of monthly social allowances and monthly financial support for care and upbringing are as follows:
a) The subject, the subject's guardian or the relevant organization or individual shall prepare a dossier as prescribed in Article 7 of this Decree and send it to the Chairman of the People's Committee of the commune, ward or town where the subject resides (hereinafter referred to as the Chairman of the People's Committee at the commune level) where the subject resides. When submitting the dossier, the following documents must be presented so that the officer receiving the dossier can compare the information declared in the declaration:
- Household registration book of the subject or confirmation document of the commune, ward or town police; Identity card or citizen identification card;
- Birth certificate of children in case of social allowance 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 from a competent medical authority in case of pregnant disabled person;
- Disability certificate for disabled people.
b) 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 approval, and publicly post the approval 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 a complaint, within 10 working days from the date of receipt of the complaint, the Chairman of the People's Committee at the commune level shall organize the review, conclusion and publicization of the complaint content.
c) 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 subject's application to the Department of Labor, War Invalids and Social Affairs.
d) Within 07 working days from the date of receipt of 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 shall be responsible for appraising and submitting to the Chairman of the People's Committee of the district, town, city under the province (hereinafter referred to as the Chairman of the District People's Committee) to decide on monthly social allowance 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.
d) Within 03 working days from the date of receipt of the written submission 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 nurturing for the subject.
The period of receiving monthly social allowances for the elderly specified in Point b, Clause 5, Article 5 of this Decree is from the time the person reaches 75 years of age, and the period of receiving monthly social allowances specified in Point c, Clause 5, Article 5 of this Decree is from the time the person reaches 80 years of age. The period of receiving monthly social allowances for the disabled is from the month the certificate of disability level is issued. The period of receiving monthly social allowances and monthly financial support for care and nurturing of other subjects is from the month the Chairman of the District People's Committee signs the decision on monthly social allowances.
The time for adjusting the monthly social allowance level is from the month the subject is eligible for adjustment.
Thus, the procedure for receiving monthly social benefits is prescribed as above.
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