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Circular 10/2004/ttlt/bldtbxh-Btc: Guide The Implementation Of Decision No 38/2004/qd-Ttg Dated 17 March 2004 By The Prime Minister On The Policy For The Funding Help, Updates, Personal ...

Original Language Title: Thông tư liên tịch 10/2004/TTLT/BLĐTBXH-BTC: Hướng dẫn thực hiện Quyết định số 38/2004/QĐ-TTg ngày 17 tháng 3 năm 2004 của Thủ tướng Chính phủ về chính sách trợ giúp kinh phí cho gia đình, cá nhân nhậ...

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CIRCULAR guidelines 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 pursuant to decision No. 38/2004/QD-TTg dated 17/3/2004 of the Prime Minister on the policy aid funding for families individuals receive foster orphans and abandoned children, the Ministry of labor, invalids and Social Affairs-financial guidance as follows: i. OBJECT 1. Funding assistance audience: families, individuals are eligible for the provisions of article 2 and article 4 of decision No 38/2004/QD-TTg dated 17/3/2004 of the Prime Minister on the policy aid funding for families, individuals receive foster orphans and abandoned children who no longer nurture (referred to as orphans).
2. The object is considering funding assistance: a. his paternal grandparents, his grandparents are foster children orphaned in the case no longer parents sisters;
b. You, sisters are raising children in the absence of parents;
The object referred to in items a and b are considering funding assistance when not afford to foster.
II. RECORDS Procedure 1. Profile for help funding family upbringing, personal nurturing orphans specified in section I of this circular is to:-apply recommended funding help nourish the orphans sent the people's Committee of the communes, wards and towns (hereinafter the township-level people's committees) where family personal residence, considered;
-The opinion agrees with the text of the guardian;
-A copy of the birth certificate of the child was receiving nourishment;
-Cases receive foster children excessive considered from enough 9 years must be the consent of that child in the text of the guardian;
The above record into 3 sets of send social people's Committee.
2. The order and procedure of grant funding help nourish people's committees a. Social:-verification of the legitimacy of the application adopted under article 2 and article 4 of decision No 38/2004/QD-TTg dated 17/3/2004 of the Prime Minister;
-Make a list of people who have single suggestion and eligible to receive nurturing orphans;
-Establishment of the Council include: review the Chairman or Deputy Chairman of the people's Committee of social work Chairman, Board members include national representatives, women, youth, the elderly and some of the members concerned as: public safety, family and child population; labour relations officers, invalids and Social Affairs is the Secretary of the Board, the Board must review concluded by the minutes (according to the model No. 1 attached to this circular);
After the Council passed the review, Chairman of people's Committee of social text suggest sending the people's Committee of the district, County, city, town in the province (known as the people's committees at district level) through labor-invalids and social or labor organization, society (hereinafter referred to as the room labor, invalids and social) attached to the 2nd profile of each family, individuals receive foster orphans;
b. labor-invalids and social evaluation, the attached list General 1 the records of each family or individual is eligible to receive the nourishment of people's Committee Chairman at district level. Chairman of people's Committee of the district level review and submit in writing the Department of labor, invalids and Social Affairs Department, central cities (collectively referred to as the Department of labor, invalids and Social Affairs);
c. the Department of labor, invalids and Social Affairs the recheck the list of families, individuals are eligible to receive nurturing orphans the provincial people's Committee, the central cities (collectively, the provincial people's Committee) decided to list individual family assistance funds foster orphans (2a form attached to this circular) and report to the President of the people's committees at district level;
These cases are not eligible for funding assistance, they must have written reply stating the reason.
3. The procedures to stop funding help nurture.
a. When children get nourished enough 15 years or death, the President of the people's Committee of social reports in a timely manner and to make a list of proposals only affect funding help nourish the orphans sent the President of the people's committees at district level through the room of labour invalids and social;
-For the family no longer eligible foster children orphaned, Chairman of people's Committee of social where families, personal residence held review meetings (meeting component consists of the members of the Council approve funding assistance) and is concluded by the minutes of the family individuals not eligible funding help nurture (form 1 attached to this circular). After the Council passed the review, Chairman of people's Committee of social text (attached to the minutes of the Board) sent the President of the people's committees at district level through the room of labour invalids and social;
b. labor-invalids and social evaluation, General family list, personally nurtured orphans enough 15 years, orphans dies, the family no longer to nourish the orphans the Chairman of people's Committee at district level. Chairman of people's Committee of the district level review and submit in writing the Department of labor, invalids and Social Affairs;
c. the Department of labor, invalids and Social Affairs recheck the list of families, individuals adopted orphans enough 15 years dead and orphaned children, the family is no longer eligible for the nursing crib orphaned children the President of provincial people's committees to decide the list of families personally, stop funding help nourish the orphans (model 2b attached to this circular) and inform the President of the people's committees at district level to implement the stop funding help nurture.
4. The procedure of adjusting the level of help.
When orphans are receiving nourishment on eighteen months of age, the people's Committee of social text do send people's Committee Chairman at district level through the room of labour invalids and social recommendations to adjust the level of funding help nurture.
The room labor, invalids and social General, reported the list of families and individuals foster orphans on eighteen months of age the President of the people's committees at district level. Chairman of people's Committee of the district level review and submit in writing the Department of labor, invalids and Social Affairs: Department of labor, invalids and Social Affairs General the President of the provincial people's Committee decided the list of families, individuals receive foster orphans adjust the level of funding assistance (form 2 c attached to this circular) and inform the committees Chairman population of district-level implementation.
5. The procedure of changing the place get help funding.
When families, individuals receive foster orphans to change accommodation elsewhere, the family itself, individuals are funding help foster must have application continues to enjoy assistance funding in the new place (certified by the local authorities, the new place); The people's Committee of social text do send people's Committee Chairman at district level through the room of labour invalids and social recommendations to change the place get help funding foster in new places in the decision to terminate the influence help foster funding if the family , individuals adopted orphans moved where in another province away. Family cases, individuals receive foster orphans moved to another province it must redo the procedure please help influence funding in a new place;

The room labor, invalids and social General, reported the list of families and individuals foster orphans to change where the cost of getting help to nurture the people's Committee Chairman at district level. Chairman of people's Committee of the district level review and submit in writing the Department of labor, invalids and Social Affairs. The Department of labor, invalids and Social Affairs General the President of the provincial people's Committee decided to change the place get help funding raised in the scope of the province (2d form attached to this circular) and inform the President of the district-level people's committees implement.
III. The LEVEL of FUNDING to HELP families and individuals to receive nurturing orphans supported funding a minimum 200,000/month/children. Particularly for families, individuals receive foster orphaned children under eighteen months of age, the minimum funding assistance is 270,000/month/children. Based on the specific situation of the local people's Committee Chairman can adjust the level to match but not lower than the level specified above.
IV. FUNDING SOURCE to PAY funds to help pay for the family, individuals receive foster orphans in section 1 of this circular arranged in genus estimation social guarantees of the local annual budgets under the provisions of the law on the State budget and the guidance documents state budget Law.
V. IMPLEMENTATION: 1. a township-level people's committees. Monitoring, establishment of the shared management and made to pay monthly funding help for the object has been the provincial people's Committee decision;
b. report to the labor Room, invalids and the society, individuals receive foster orphans are eligible, no longer eligible for funding assistance, help level changes; change the place get help funding;
c. informing families, individuals receive foster children of the time, the help and the time to stop funding help nurture; the level of funding assistance adjustments after the decision of the Chairman of the provincial people's Committee.
2. Labor-invalids and social a. instructions and check the organization policy of funding help nourish the orphans;
b. General, reported the Department of labor, invalids and Social Affairs lists the individual family to receive nurturing orphans eligible for funding assistance, are not eligible for help funding, those objects to change the level of funding help, change the place get help funding.
3. the people's committees at district level.
Review and submit in writing the Department of labor, invalids and Social Affairs suggested the family, personal help funding, stop funding assistance, funding support and adjustment to change the place get help funding;
Direction, the Organization made the decision of the provincial people's Committee approved the list, personally funding help nourish the orphans.
4. The Department of labor, invalids and Social Affairs a. annually, based on the number and the level of funding support for each type of object planning funds help send the Department of finance, planning and investment, the Chairman of the provincial people's Committee decision;
b. list of families, individuals receive foster orphans are eligible for help funding, are not eligible for help funding, to adjust the level of aid funding, changing the place get help funding foster orphans the provincial people's Committee decision;
c. guidelines and check subordinate organizations make help for the object;
d. General, report annually on the results of the Ministry of labor, invalids and Social Affairs.
5. the provincial people's Committee.
-Directing the relevant industry organizations make the decision No 38/2004/QD-TTg dated 17/3/2004 of the Prime Minister on the policy aid funding for families, individuals receive foster orphans and abandoned children under the guidance of this circular;
-Decide on the level of aid funding for families, individuals receive foster orphans to suit the actual situation of the locality.
VI. ENFORCEMENT of TERMS-this circular effect after 15 days from the date The report.
In the process if there are obstacles, the proposal reflected the timely Contact the Ministry of labour, invalids and Social Affairs, financial research to resolve.