Circular 29/2014/ttlt-Bldtbxh-Btc: A Guide To Implementing A Number Of Articles Of Decree No. 136/2013/nd-Cp Of October 2013 Of Government Regulation Of Social Assistance Policy For V

Original Language Title: Thông tư liên tịch 29/2014/TTLT-BLĐTBXH-BTC: Hướng dẫn thực hiện một số điều của Nghị định số 136/2013/NĐ-CP ngày 21 tháng 10 năm 2013 của Chính phủ quy định chính sách trợ giúp xã hội đối v

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CIRCULAR guide perform a number of articles of Decree No. 136/2013/ND-CP of October 2013 of government regulation of social assistance policy for social protection object _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 106/2012/ND-CP dated 20 December 2012 of the Government functions duties, powers and organizational structure of the Ministry of labor, invalids and Social Affairs;
Pursuant to Decree No. 215/2013/ND-CP on December 23, 2013 of government functions, tasks, powers and organizational structure of the Ministry of finance;
Pursuant to Decree No. 6/2010/ND-CP on 14 January 2011 from the Government detailing and guiding the implementation of some articles of the law on the elderly;
Pursuant to Decree No. 28/2012/ND-CP dated 10 April 2012 of the Government detailing and guiding the implementation of some articles of the law on people with disabilities;
Pursuant to Decree No. 136/2013/ND-CP of October 2013 of government regulation of social assistance policy for social protection object;
Implementation of resolution No. 74/NQ-CP DATED October 4, 2014 by the Government on the regular government session September 2014;
Minister of labor, invalids and Social Affairs, the Minister of Finance issued a circular guide perform a number of articles of Decree No. 136/2013/ND-CP of October 2013 of government regulation of social assistance policy for social protection objects (hereinafter the Decree 136/2013/ND-CP) , article 1. Scope and objects 1. Scope: this circular procedure guide the level and the coefficient for the object are entitled to social assistance policy; support mode for subjects in need of urgent protection are receiving foster care temporarily, guide, professional training received the care, nurturing objects social protection in the community; profile template, the funding policy of social assistance; the content and the costs for the management of objects; made to pay social assistance policy and the responsibility of the Agency.
2. Objects: this circular apply to agencies, units, organizations, families and individuals using funds from the State budget to implement social assistance policy for social protection object.
Article 2. The procedure to transfer the level and the corresponding coefficient of the object prescribed in article 40 of Decree 136/2013/ND-CP 1. The procedure is the level and number of social support system, monthly as follows: a social servant) in charge of the work of labour, invalids and Social Affairs subjects listed are monthly social allowance on the area and guide the audience in an adjustment of the level of social support systems and monthly as stipulated in Decree No. 136/2013/ND-CP additional declaration, suggest that social assistance according to the form prescribed in clause 1 5 of this circular;
b) the Council of the review of the social assistance review, the attached conclusions and review the list of objects to be adjusted and level prescribed in Decree No. 136/2013/ND-CP;
c) based on the report on the conclusions of the Council of the social assistance review, the President of the people's Committee has recommended text level attached to the list, the Declaration recommended the social assistance of the object sent to the labor Room-invalids and social;
d labor, invalids) room and the social evaluation, the Chairman of people's Committee of the district level decision.
2. The head of the basis of social protection, the social object of your home are entitled to foster care mode from the source of the State budget process the competent authorities decide to maintain the subsidy level basis of social protection, the social housing under decentralized management.
Article 3. Support mode for subjects in need of urgent protection are receiving care, foster temporarily in households as defined in clause 2 Article 18 of Decree 136/2013/ND-CP 1. Food: the level of 40,000 VND/person/day.
2. The cost of treatment in case of treatment in medical establishments, healing without health insurance cards as follows: a) children under 6 years; people in poor households, households poor access; the ethnic minorities are living in regions with socio-economic conditions are difficult, especially difficult; people enjoy the policy of according to the regulations of the law of incentives people with the way the network is to support the cost of examination and treatment by a health insurance fund pays for the respective object;
b) audience not specified in point a of this Paragraph that is no longer supported relative costs of examination and treatment by a health insurance fund to pay for the object in poor households.
3. cost of putting objects on the place of residence or to the basis of social protection, social House: spending under the common public transport prices apply locally. The case Agency's media usage, unit cost, calculated according to the number of km and fuel consumption; the case of car rental car rental prices under external contracts, vouchers, invoices and price matching on same time.
Article 4. The Guide, get professional training, foster care social protection object in the community 1. Households, individuals receive care, foster social protection object is instructed to receive professional training, caring, nurturing objects such as the following: a) proper nutrition;
b) arrange accommodation, activities help individuals;
c) advice, reviews, mind;
d) policy, the relevant law;
DD) other relevant professional.
2. Labor-invalids and Social Affairs is responsible for organization of implementation specified in Paragraph 1 of this article.
Article 5. Sample resumes made social assistance policy attached to this circular forms make social assistance policy as follows: 1. A proposed social assistance according to the model No. 1a, 1b, 1 c, 1 d and 1 DD;
2. Declarations received the care, nourishment in the form of 2;
3. Declarations households have disabled people under model number 3;
4. the recipient's care, upbringing under model number 4;
5. The list of households and the number of people in households lacking hunger according to the model No. 5a and 5b;
6. The Declaration recommended support costs buried under model number 6;
7. The Declaration recommended support for housing according to model No. 7;
8. the application was received on the basis of social protection, the social housing under model number 8;
9. Curriculum vitae of the object according to the model No. 9;
10. The minutes of the Council's review of social assistance in the form of 10;
11. Data Table reports to serve state management under the model of 11a, 11b, 11 c and 11 d.
Article 6. The funding policy of the regular social assistance 1. Funding made to pay monthly social allowance for social protection object in an allowance every month, funding to support households, individuals receive foster care community-objects are arranged in genus estimation social guarantee according to the hierarchy of local budgets.
2. Expenses taken care of, nurtured the audience at the basis of social protection, social House: a) on the basis of social protection, public social housing in the due level that ensure the level of budget estimates spending of social guarantees;
b) with respect to the basis of social protection, the social housing outside the establishment are arranged in genus estimation social guarantee of the provincial budget.
3. Funding advocacy, dissemination, policy review of the object, the application of information technology, management, training, audiences, fostering the capacity, training officer-families, individuals receive care, nurturing objects social protection in the community and checking, surveillance of the subordinate bodies are due to the budget level which guarantees in the social guarantee expenditure estimation the Assembly according to the provisions of the law on the State budget and the Law implementation guide text.
4. The funding policy of social assistance are frequently created, distributed, used, and managed in accordance with the law on the State budget, accounting Law, the text of the guidance law and specific regulations in this circular. In 2015, the central budget to support increased funding for the local budget are as follows:-100% for local self yet balanced budgets and Quang Ngai.
-50% for local rates regulate the revenues split on the central budget to below 50%.
-For the local use of local budget to make a part or the whole of the policy, if the deficit currency due to objective reasons or low income increases: after using 50% of local budget revenue increase (if any) and 50% of local budget under the reserve estimates are the prime delivery that still lacks the central budget will support the variances missing.
-The remaining local, local budget self guarantees.
The Department of labor, invalids and Social Affairs estimate increased funding in 2015 due to make adjustments to social assistance according to the standards of Decree 136/2013/ND-CP for the object specified in paragraph 1 and paragraph 3 article 11 of this circular, sent the Department of finance to consider, the General Chairman of the provincial people's Committee approval to send to the Ministry of labor, invalids and Society, the Ministry of finance to the General Authority decided to complement the estimation under the provisions of the law on the State budget.
Article 7. The content and the costs for the management of the 1. A township-level people's committees) genus of stationery; print the form; buy the book, books, documents for the management. The actual costs paid on the basis of the estimation is the approval authority;
b) Genus Council review of social assistance:-Chairman of the 70,000 VND/person/class;
-Members attend 50,000 VND/person/class;
-Drinking water for attendees. Genus level as specified in circular No. 97/2009/TT-BTC on 06 July 2010 of the Ministry of finance regulations, charges expenditure mode work organized the Conference for the State bodies and public business units (hereafter referred to as the circular No. 97/2009/TT-BTC);

c) Genus remuneration is paid directly to the individual mode, social support policies to the beneficiaries (the case was delivered by the authorized expenditure estimation made pay monthly social grants in the social budget estimation) follow the provisions in point c, paragraph 2 of this Article;
d) Genus made propaganda, popular social assistance policies to the people. The content and extent of the genus according to circular No. 14/2014/TTLT-BTC-BTP November 27, 2014-01 of the Ministry of finance and the Ministry of Justice regulation the estimating, management, use and settlement expense budget guarantee for common work, legal education and the legal approach of the people at the base.
2. Labor-invalids and social a) genus of stationery; print the form, the field voucher money, list of object paid; buy the book, books, documents for the management; print or buy template for the object. The actual costs paid on the basis of the estimation is the approval authority;
b) Spent reviewing, appraising records recommended allowances, social assistance; the proposal received on the basis of social protection, the social housing in the District Manager level. Dong/20,000 spending profile;
c) Genus remuneration is paid directly to the individual mode, social assistance policy. Remuneration is spending 500,000 VND/person/month and a maximum of 2 people/communes, wards and towns. Chairman of people's Committee of the district level based on the number of beneficiaries, the geographical conditions of each communes, wards and towns decide the number of people who do the work payments;
d) costs of services paid for locally made payments through payment service organizations. Pay fees according to the decision of the Chairman of the provincial people's Committee;
DD) genus of family training, individuals receive care, nurturing objects social protection in the community. Content and implementation costs as specified in circular No. 97/2009/TT-BTC;
e) Genus investigation, reviewing stats, object according to the decision of the authority specified in the clause 2, 3 and 4 Article 10, Decree No. 40/2004/ND-CP dated February 13, 2004 the Government detailing and guiding the implementation of some articles of the law on statistics. Content and implementation costs as specified in circular No. 58/2011/TT-BTC dated 11 December 2010 of the Ministry of finance regulation, use and management of settlement funding implementation of statistical surveys;
g) Procurement Spending, fix the property, equipment, vehicles and staff to manage the object. Costs based on the needs and expected to be approved by the authorized and prescribed by the law on bidding;
h) support the application of information technology in service management records, objects, pay the subsidy for the object. Content and implementation costs as specified in circular No. 19/2012/TTLT-BTC-BKH & TEL-BTTTT February 15, 2012 of the Ministry of finance, the Ministry of planning and investment and the Ministry of information and communication management guide and use the funding to implement the national programme on the application of information technology in the activities of State bodies and circular No. 194/2012/TT-BTC on November 15, 2012 of the Ministry of finance to create spending guidelines for electronic information in order to maintain normal operations of the Agency, the unit used the State budget;
I) spent on petrol, contact information. Costs based on the invoices, vouchers, legal expenses;
k) Spent hiring another staff pay and manage objects. Genus level implemented according to the contract, a receipt or invoice (in case of rental service);
l) for inspection, monitoring the implementation of the policy. Content and implementation costs as specified in circular No. 97/2009/TT-BTC;
m) popular Genus social assistance policy for staff policy help social protection objects as defined in point d, paragraph 1 of this article.
3. The Department of labour, invalids and Social Affairs a) genus of stationery; print the form, the report, training documents, legal texts concerned. The actual costs paid on the basis of the estimation is the approval authority;
b) Spent reviewing, appraising records suggest reception on the basis of Social Protection Department of the provincial administration. Dong/20,000 spending profile;
c) spent on the genus content defined in the point e, g, h, i, l and m item 2 of this Article;
d) Genus of propaganda on the mass media according to be approved by the authority. Genus level implemented in the form of contracts between propaganda and mass information bodies and in accordance with the law on tenders;
DD) Spent in training, professional training, preliminary, sum. Content and implementation costs as specified in circular No. 97/2009/TT-BTC and circular No. 139/2009/TT-BTC on 21st September 2010 of the Ministry of Finance regulates the establishment, management and use of funds from the State budget for the training, fostering civil servants.
4. The Ministry of labour, invalids and Social Affairs a) genus of stationery; printing reports, training materials, advocacy, policy, common legal documents involved. The actual costs paid on the basis of the estimation is the approval authority;
b) spend the content specified in the genus points e, h and l Account 2, d and DD Clause 3 of this article.
Article 8. Made to pay social assistance policy 1. Modes of social assistance policies are made to pay monthly directly to beneficiaries through one of the following organizations, bodies: a labor Room)-wounded soldiers and society or social people's Committee;
b) payment service organizations.
2. The Chairman of the provincial people's Committee decided the method of pay consistent with the actual situation of conversion towards local pay social support policy from State agencies to organize paid services.
3. The Department of labor, invalids and Social Affairs, in collaboration with the Department of finance the actual conditions at the base; choice of paid services organization has a network of trading point in the communes, wards and towns, can be used to pay at home for some particular object; the Chairman of the provincial people's Committee decision making to pay social assistance policies through the local service organization, roadmap, implementation, fees paid, the responsibilities of the agencies involved.
Article 9. Process payments through payment service organizations 1. To base the decision of the Chairman of the provincial people's Committee, labor, invalids and Social Affairs of the authorized State budget estimation policy of social assistance signed on the pay policy mode of social assistance with payment service organizations at district level. The content of the contract stating the responsibilities and rights of each party; money transfer process and settlement; process, location, timing and fees paid. The signing, perform the contract and the contract dispute about pay policy mode of social assistance was made under the provisions of the civil code and other documents guiding the implementation.
2. Transfer of funds made to pay a) time transfer money for paid services organization under a contract signed in paragraph 1 of this article is done before the 25th of every month;
b) labor Rooms invalids and social base list of beneficiaries (including objects increase, decrease compared with the previous month); the number of funds to pay social assistance policy in the month (including money and access cost of burial objects); made to withdraw financing in the State Treasury, set up payment money transfer payment services organization and moved the list to pay for covered services.
3. Location and time to pay a) location pay policy focus mode at the point of transaction in the communes, wards and towns or in the home of the disabled is especially heavy, the disabled, the elderly without the support, instead;
b) time pay from 5 to 15 monthly.
4. Make payment of a) list base pay by monthly labor-invalids and social service organization, offering to pay list for households at the point of transaction near where the object resides (convenient for the object to get the money) and moved the list object for the transaction on Ward, the town was assigned to pay;
b) transactions and require the object to receive the money or the person authorized to receive newsletter and stating the full name on the list to pay; at the same time, officials paid to sign on as fields of objects. Case payee cannot afford newsletter is used to point fingers only. The case of households not to grant or case officer to pay at home but do not have paid staff, recipients filed back of funding have yet to pay for the service organization to pay to switch pay next month;
c) case 2 consecutive months, the object does not receive money, paid staff are responsible for coordinating with the people's Committee of social search to understand the cause. If by dead objects, missing or moved out of the area, paid service organization is responsible for notifying the Commission and township-level people's labor, invalids and Social Affairs to do cutting subsidy procedures or pause to pay subsidies according to the regulations.
5. Reporting and settlement a) paid service organizations list object has received the money, the amount already paid and the list object has not yet received money to transfer to pay the following month for labor, invalids and Social Affairs and the social level of people's Committee before July 20th of every month;
b) quarterly payment service organizations transfer vouchers (signed list) settlement funds paid for the object and move the funds not spent (for the fourth quarter) for labour invalids and social settlement to the State budget.
Article 10. The responsibilities of the Agency 1. The people's Committee of social

a) established the Council for social assistance review;
b) management object of social protection;
c) update the list monthly help object (if there are fluctuations, additional new objects or falling object due to dead or no longer eligible) submitted to the labor Room, invalids and society to the President of the people's Committee of the district level decision;
d) synthesis, periodically reporting the results of social assistance policy on the area and the enclosed data sheet according the model 11a, 11b, 11 c and 11 d attached to this circular on labor, invalids and Social Affairs and the people's committees at district level before 15 June and 15 December of each year;
DD) operations management the basis of social protection, social housing and to coordinate activities with the basis of social protection, the social housing;
e) for irregular support policy: make a list of relief organizations and timeliness, the right audience and support the early remedial objects of disaster, stability of production and life.
2. Labor-invalids and social a) object management on social protection by profile, window or computer software;
b) instructions, implementation, testing and monitoring level in identifying and managing objects; implementation of policy on social assistance;
c) annually, estimating expense paid monthly; unexpected help; funding for the management sent finance general the President of the people's committees at district level and finalizing funding regularly and irregularly according to the current regulations;
d) for the locally made to pay social assistance policy through the service organization to pay monthly, send a list to pay for paid services organization; Guide, test and monitoring payment service organizations in the implementation for the object;
DD) synthesis, periodically reports the results of social assistance policy on the area and the enclosed data sheet according the model 11a, 11b, 11 c and 11 d attached to this circular about the Department of labor, invalids and Social Affairs and the people's committees at district level before 30 June and 31 December each year;
e) management the basis of social protection, the level established by the society.
3. The Department of labor, invalids and Social Affairs a) presiding, in cooperation with the Department of finance, based on the specific conditions of the localities on the subject entitled to social assistance policy and balance ability of local budgets, build social allowance, the allowance, the level of health care funding support , foster and other social assistance levels is higher than the corresponding level stipulated in Decree No. 136/2013/ND-CP of the provincial people's Committee rules;
b) instructions, implementation and testing, monitoring the implementation of the policy on social assistance;
c) annually, at the time of estimating, General object number entitled to social assistance policy of the district, funding aid irregularly and expected funding needs with financing often genera send Department of finance reviewed, synthesized into local budget estimation the decision authorized under the provisions of the law on the State budget and the writing guide;
d) disaster case, extensive fire damage and the funding specified in clause 1 Article 35 of Decree 136/2013/NĐ-CP dated enough not to make unscheduled assistance, Department of labor, invalids and Social Affairs, in collaboration with the Department of finance, the Department of agriculture and rural development, the General Chairman of the provincial people's Committee to report report the Ministry of labour invalids and Social Affairs, the Ministry of finance general the prime consideration, decided to support food, funds from the central budget sources;
DD) General, periodic reports on the results of local policies and submitting the enclosed data sheet according the model 11a, 11b, 11 c and 11 d attached to this circular of the Ministry of labor, invalids and Social Affairs and the provincial people's Committee before July 15, 1 and 15 July each year;
e) management the basis of social protection, by the provincial social housing established;
g) deployment of the application of information technology in managing social protection subjects at provincial and district level; build the database, and send the information of the object that has been formatted according to the XML standard of the Ministry of labor, invalids and Social Affairs (the Ministry's electronic portal) periodically, irregularly according to the regulations.
4. Department of finance a) in collaboration with the Department of labor, invalids and Social Affairs, based on the specific conditions of the localities on the subject entitled to social assistance policy and balance ability of local budgets, build social allowance, the allowance, the level of health care funding support , foster and other social assistance levels is higher than the corresponding level stipulated in Decree No. 136/2013/ND-CP of the provincial people's Committee rules;
b) synthesis estimation of funding implementing social assistance policy for social protection objects on the province in local budgeting, the Authority decided in accordance with the law on the State budget and the writing guidelines.
5. payment service organizations have a responsibility to comply with the provisions of article 9 of this circular. The event lost money in the process of implementation to pay or pay is not correct, then the service organization is responsible for recovery, reimbursement for the object or to the Agency signed a contract and are responsible before the law.
Article 11. Transitional provisions 1. The audience enjoyed the level of social support systems and monthly as stipulated in Decree No. 136/2013 issued since January 1, 2015, including: a) the object prescribed in paragraphs 1, 2, 3 and 4 Article 5 of the Decree 136/2013/ND-CP;
b) subject to the provisions in point a and point c Paragraph 5 article 5 of the Decree 136/2013/ND-CP;
c) object specified in point b of Paragraph 5 and the object prescribed in clause 6 article 5 of Decree 136/2013 issued in poor households.
2. The social assistance policy, other than the monthly social allowance for the object specified in paragraph 1 of this article is made according to the rules before promulgation of Decree 136/2013/ND-CP until the text of the authority authorized by the corresponding multiplier and level prescribed in Decree No. 136/2013 issued. 3. The live audience in the basis of social protection, the social provisions of article 25 of Decree 136/2013/ND-CP enjoy mode, the policy as stipulated in Decree No. 136/2013 issued since January 1, 2015.
4. The object of regular social assistance not specified in clause 1 of this article; sudden helper objects and other objects continued to enjoy the social assistance policies under the regulations before promulgation of Decree 136/2013/ND-CP until the text of the authority authorized by the corresponding multiplier and level prescribed in Decree No. 136/2013/ND-CP and not do it again.
5. Since July 1, 2015, procedures, records made the mode of social assistance policies often sudden, regimes and help other social policy made under the provisions of Decree 136/2013/ND-CP and this circular. The event object has the filing before 1 January 2015 but yet have decided to enjoy mode, then the policy object do not return records (except the object must supplement the prescribed records).
Article 12. Effect 1. This circular has effect from January 1, 2015.
2. Circular No. 24/2010/TTLT-BLDTBXH-BTC on August 18, 2010 of the Ministry of labor, invalids and Social Affairs and the Ministry of Finance shall guide the implementation of a number of articles of Decree No. 67/2007/ND-CP on April 13, 2007 of the Government on the policy help social protection objects and Decree No. 13/2010/ND-CP on February 27th, 2010 of the Government of amendments and supplements to some articles of Decree 66/2007/ND-CP; Circular No. 17/2011/TT-BLDTBXH dated February 19th, 2011 of the Ministry of labor, invalids and Social Affairs on the profile, the procedure of implementation of social assistance monthly, funeral expenses and assistance receiving elderly people on the basis of social protection; Articles 4, 6, 7, and the points a, b, c and d, item 2 article 8 circular No. 26/2012/TT-LĐTBXH on November 12, 2012 of the Ministry of labor, invalids and Social Affairs on the instructions of some articles of Decree 28/2012/ND-CP dated 10 April 2012 of the Government detailing and guiding the implementation of some articles of the law on people with disabilities; Circular No. 10/2004/TTLT-BLDTBXH-BTC on 28 June 2004 by the Ministry of labor, invalids and Social Affairs and the Ministry of Finance shall guide the implementation of decision No 38/2004/QD-TTg dated 17 March 2004 by the Prime Minister on the policy aid funding for families, individuals receive foster orphans and abandoned children are most effective as from the day this circular effect.
3. in case the referenced text of this circular is to modify, Supplement, replace the following new documents issued.
4. in the process if there are obstacles, suggest the ministries, local timely reflection of the Ministry of labor, invalids and Social Affairs and the Ministry of finance to study the resolution./.