>>Major principles of the law on social security
Pham Diem
State and Law Institute of Vietnam
Social relief, the first community assistance measure taken by human beings, plays an important role in the social security system of every country.
Legally, social relief is a fundamental institution of the legal system on social security, which regulates the provision of material and spiritual assistance for disadvantaged people who are unable to meet theirs and their families’ basic needs. Social relief stems from the fundamental human rights. Everyone has the right to live, enjoy equality, be loved and protected from unfavorable circumstances. This right has been enshrined in the United Nations Declaration on Human Rights.
The social relief institution is a combination of closely interrelated legal norms defining the rights and obligations of the State, organizations and individuals in providing material and spiritual assistance for members in the society who face misery, risks or poverty. Social relief beneficiaries constitute a subject in the legal relations in social relief. While social insurance is targeted at employees and social preferences are offered to persons with meritorious services to the country, social relief is provided for disadvantaged groups, regardless of their social status and strata. In the capacity as a subject in the legal relations in social relief, the State adopts policies and laws on social relief, manages the social relief regime and provides an important funding source for social relief. Organizations and individuals that contribute funds and wealth for social relief efforts are also subjects of the legal relations in social relief.
In the past, Vietnamese lived in village communities with many close and lasting ties, such as relative, neighborly and occupational relations. Therefore, they attached special importance to social relief. “Untorn leaves should cover torn leaves,” “One should help one another in need” and “Love your countrymen as yourself” are their popular proverbs.
Following the August Revolution, the Government of the Democratic Republic of Vietnam adopted three national policies for fighting famine, illiteracy and foreign invaders; launched a movement to “save a jar of rice for famine relief,” set up the Ministry of Labor and Social Relief; and promulgated many policies and regulations on social relief.
After tens of years of wars, Vietnam is still a developing country now and its people’s living standards remain low. Particularly, as a country most affected by global climate change, Vietnam is frequented by natural disasters. Therefore, the Vietnamese State has always paid great attention to social relief, which has become a crucial part of the social security system. Social relief has been enshrined in the Constitution and various laws. No longer merely a spontaneous humanitarian activity of the community, social relief has been legalized as an institution in the legal system on social security. In order to realize the social relief policy, the State has issued many legal documents directly or indirectly regulating the social relief regime. They include the Labor Code, the Law on Child Protection and Care, the Law on the Elderly, the Law on the Disabled and the Law on Prevention and Combat of Floods and Typhoons. Especially, on March 9, 2000, the Government issued Decree No. 7/2000/ND-CP comprehensively and systematically governing all aspects of social relief. In addition, whenever a natural disaster occurs, the Prime Minister, ministries and branches issue directives to ensure provision of social relief in specific circumstances.
The social relief regime in Vietnam adheres to the following particular principles:
The first principle is that the level of social relief does not depend on the contribution, income or living standards of target beneficiaries before the need for social relief arises. Rather, it depends on the spending needs and actual status of property of the beneficiaries and the capabilities of the State and community to meet such needs.
This principle stems from the aim of social relief, which is not intended to offset or substitute the lost income of the target beneficiary and meet pre-determined requirements. It just aims to help the beneficiary escape from his plight and integrate into the community.
The second principle is to balance the actual needs of target beneficiaries and the capability to meet such needs and the socio-economic conditions.
At present, social relief needs in Vietnam are great because the rates of poor households and lonely persons with disabilities and orphans are still high. Satisfaction of these needs must suit the country’s capability and socio-economic conditions. Otherwise, the aim of social relief cannot be achieved and other economic policies will be negatively affected. If the level of social relief is higher than the country’s actual capability, it would not ensure implementation of social relief and create a mentality to rely on relief sources. If the level is too low, it cannot meet basic needs of target beneficiaries. This principle is clearly manifested in the process of determining the scope of relief and target beneficiaries and the level of social relief provided.
The third principle is to diversify and socialize social relief activities.
The causes of difficulties and groups of social relief beneficiaries are diverse. Some beneficiaries may need urgent help while others need regular assistance. Their needs also vary. Therefore, the provision of social relief must apply appropriate levels, forms and measures. Social relief should be provided along the line of diversifying its activities and methods in order to achieve the aim of social relief and ensure social equity and safety.
The implementation of social relief first of all rests with the State while it is also the concern and duty of the entire population. Therefore, socializing social relief is an important principle to ensure the aim of social relief. The State holds the central role, encourages and creates conditions for any individuals and organizations to participate in social relief activities. Legally, this principle has been incorporated in regulations governing activities of charity societies, non-governmental organizations and relief centers, and in the mobilization of contributions of society members.
Under Vietnamese laws, the social relief regime comprises regular relief, emergency relief and social relief for other beneficiaries.
Regular relief is the regular assistance in kind and other living conditions for target beneficiaries. Eligible for this kind of relief are orphans, lonely old persons, persons with disabilities who have no working capacity and no relative to rely on, and chronic mental patients.
Emergency relief is the assistance in kind and other living conditions for victims of natural disasters, fires or accidents. This relief is provided in a lump sum.
In addition to the above two major groups of beneficiaries, other groups include prostitutes, drug addicts and street people. Social relief aims to help these persons return to normal life and reintegrate themselves into the community.-