Query response on Vietnam: State treatment of single mothers in Vietnam (socio-economic and mental health related support schemes, offered by the state or NGOs) [a-8889]

13 October 2014

This response was modified for publication on ecoi.net.

This response was prepared after researching publicly accessible information currently available to ACCORD within time constraints and in accordance with ACCORD’s methodological standards and the Common EU Guidelines for processing Country of Origin Information (COI).

This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status, asylum or other form of international protection.

Please read in full all documents referred to.

Non-English language information is summarised in English. Original language quotations are provided for reference.

Socio-economic support schemes offered by the state and NGOs

A fact sheet by the International Organization for Migration (IOM) published October 2013 mentions the following regarding solitary women:

“For special persons like old persons, solitary women, orphans, other minorities, regular social relief assistance are available, pursuant to the Decree No 168/2004/ND-CP of September 20, 2004 of the government on the social relief policy on the amendment of Decree No 07/2000/NDCP dated 9/3/2000.” (IOM, 31 October 2013, p. 13)

Decree No 168/2004/NDCP (no full text available in English language) and Decree No 07/2000/ND-CP can be found on the Centre Database on Legal Normative Documents operated by the Ministry of Justice of Vietnam under the following links:

·      Decree No. 168/2004/ND-CP of September 20, 2004 amending and supplementing a number of articles of the Government's Decree No. 07/2000/ND-CP of March 9, 2000 on social relief policies, 20 September 2004

http://vbpl.vn/tw/Pages/vbpqen-toanvan.aspx?ItemID=7591

·      Decree No. 07/2000/ND-CP of March 9, 2000 on social relief policies, 9 March 2000

http://vbpl.vn/TW/Pages/vbpqen-toanvan.aspx?ItemID=555

 

The expiry date of both decrees, however, is listed as 28 May 2007 (Decree No. 168/2004/ND-CP, 20 September 2004; Decree No. 07/2000/ND-CP, 9 March 2000).

 

Article 24 of the Decree on support policies for social protection beneficiaries, No. 67/2007/ND-CP, dated 13 April 2007, mentions that it replaces the Government's Decree No. 07/2000/ND-CP of 9 March 2000, on social relief policies, and Decree No. 168/2004/ND-CP of 20 September 2004. The effective date is listed as 28 May 2007:

“This Decree replaces the Government's Decree No. 07/2000/ND-CP of March 9, 2000, on social relief policies, and Decree No. 168/2004/ND-CP of September 20, 2004, amending and supplementing a number of articles of the Government's Decree No. 07/2000/ND-CP of March 9, 2000, on social protection policies; Article 6 of the Government's Decree No. 55/1999/ND-CP of July 10, 1999, detailing and guiding the implementation of a number of articles of the Ordinance on Disabled Persons; Articles 6 and 9 of the Government's Decree No. 30/2002/ND-CP of March 26, 2002, detailing and guiding the implementation of a number of articles of the Ordinance on Elderly People; the Government's Decree No. 120/2003/ND-CP of October 20, 2003, amending Article 9 of the Government's Decree No. 30/2002/ND-CP of March 26, 2002, detailing and guiding the implementation of a number of articles of the Ordinance on Elderly People; Article 5 of the Prime Minister's Decision No. 38/2004/QD-TTg of March 17, 2004, on financial support policies for families and individuals adopting orphaned and abandoned children; the Prime Minister's Decision No. 16/2004/QD-TTg of February 5, 2004, supporting families having two or more persons incapable of self-serving as the consequence of toxic chemicals used by American troops during the Vietnam war; Clauses 1, 2 and 3, Article 1 and Clauses 1, 2 and 3, Article 2 of the Prime Minister's Decision No. 313/2005/QD-TTg of December 2, 2005, on a number of regimes for HIV/AIDS-infected persons and persons directly managing, treating and taking care of HIV/AIDS-infected persons in state-run social protection establishments.” (Decree No. 67/2007/ND-CP, 13 April 2007, Article 24)

Article 4, Clause 9 of the Decree on support policies for social protection beneficiaries, No. 67/2007/ND-CP of 13 April 2007 reads as follows:

“9. Single persons under the poor household category who are raising child(ren) under 16 years of age; if their child(ren) is (are) following general education or vocational training, they are entitled to the allowance until their child(ren) reach(es) 18 years of age.” (Decree No. 67/2007/ND-CP, 13 April 2007, Article 4)

Article 7 contains a table on the lowest monthly social allowance levels set for social protection beneficiaries living in communities managed by communes or wards. The table rows 1, 2 and 3 apply to persons specified in Clause 9 of Article 4:

·      Decree No. 67/2007/ND-CP on support policies for social protection beneficiaries, 13 April 2007

http://vbpl.vn/tw/Pages/vbpqen-toanvan.aspx?ItemID=3943

 

Following Article 10, children of single persons specified in Clause 9, Article 4 are among others entitled to the following supports:

“Article 10.- Apart from monthly allowances prescribed in Article 7 of this Decree, persons specified in Clauses 1, 2, 3, 4, 5 and 6; orphaned or abandoned children who are raised by families or individuals specified in Clause 7; disabled persons incapable of self-serving in households specified in Clause 8; and children of single persons specified in Clause 9, Article 4 of this Decree, are entitled to the following supports:

1. Persons who are following general education or vocational training are entitled to exemption or reduction of school fees and free textbooks, notebooks and learning equipment according to law.

2. An allowance of VND 2,000,000 per person as support for burial costs when they die.

3. Apart from the supports specified in Clauses 1 and 2 of this Article, persons living in state-run social protection establishments are entitled to:

a/ An allowance to buy personal articles in service of daily life;

b/ An allowance to buy ordinary medicines; HIV/AIDS-infected persons are entitled to an allowance of VND 150,000 each per year to support opportunistic infection treatment;

c/ A monthly personal hygiene allowance for women of reproductive age.” (Decree No. 67/2007/ND-CP, 13 April 2007, Article 10)

Pages 11 to 14 of the above-cited report by the IOM published October 2013 provide detailed information on social welfare in Vietnam. For Information on housing and employment please see pages 24 to 26 and 26 to 32 respectively:

·      IOM - International Organization for Migration: Country Fact Sheet 2013, Vietnam, 31 October 2013 (published by ZIRF)

http://www.bamf.de/SharedDocs/MILo-DB/EN/Rueckkehrfoerderung/Laenderinformationen/Informationsblaetter/cfs_vietnam-dl_en.pdf?__blob=publicationFile

 

The English language daily Viet Nam News reports the following in an article published February 2014 regarding the social welfare system:

“Bakhodir Burkhanov, deputy country director of UNDP [United Nations Development Programme], named several challenges in reforming the social welfare system, including the need to enhance the system's capacity to deliver timely and effective services to beneficiaries in a time of growing need and budget constraints. He also mentioned the challenging task for Viet Nam to create a shared vision and road map for streamlining more than 40 different social assistance policies and schemes addressing 23 separate vulnerable groups.” (Viet Nam News, 20 February 2014)

An older query response by the Australian Migration Review Tribunal & Refugee Review Tribunal (MRT-RRT) dated 14 February 2012 mentions the following regarding single mothers and employment:

No reports were found which discuss whether single mothers are denied employment in Vietnam. Limited information was found, however, regarding employment discrimination against women more generally in Vietnam.

There has been no change in the general treatment of unmarried mothers in Vietnam since Country Advice VNM38140 was written in February 2011. Reports indicate that there continues to be a social stigma attached to single motherhood and such women experience societal discrimination.

Despite improvements in economic conditions for women in Vietnam, gender-based employment discrimination continues. In 2010, Freedom House reported that although economic opportunities have grown for women, they continue to face discrimination in the areas of wages and promotions.34 In June 2007 Dr Ann Hudock35 reported:

Although social and economic indicators for women in Vietnam are higher than elsewhere in the region, when it comes to employment, Vietnamese women are distinctly disadvantaged compared to men… the ‘double burden’ of work in and outside of the home combined with discrimination in wage and employment opportunities further disadvantages women.

Similarly, in 2009 Hoang Ba Thinh reported that discrimination against women in recruitment and payment occurs in Vietnam. An undated report on the UN International Labour Organisation website states that Vietnamese women have lower incomes then men and constitute a large section of the informal workforce:

In Viet Nam, just like in the developing world in general, women continue to form a large majority of the working poor, earn less income, and are more often affected by under- and unemployment and precarious working conditions than men. Women in Viet Nam are principally found in lower paid occupational sectors or in vulnerable employment. The majority of women work as unpaid family workers, and in largely ‘invisible’ areas of informal employment as migrant domestic workers, homeworkers, street vendors and in the entertainment industry.” (MRT-RRT, 14 February 2012, pp. 6-7)

For Country Advice VNM38140 mentioned in the above quotation please see the following document:

·      MRT-RRT - Australian Government - Migration Review Tribunal & Refugee Review Tribunal: Country Advice Vietnam – VNM38140 – Women – Single mothers – Children born overseas – Internal relocation – State protection, 21 February 2011 (available at ecoi.net)

http://www.ecoi.net/file_upload/1788_1340794331_vnm38140.pdf

 

An article by the US daily New York Times (NYT) published in February 2013 states that single mothers in the countryside still face hardship, discrimination and shame, but benefit from government initiatives that started with the older generation:

“Although the plight of the war generation single mothers was only one factor, in 1986 the government passed the Marriage and Family Law, which for the first time recognized single mothers and their children as legally legitimate. It was a victory for the mothers in Loi, and for others like them. […] Since then, the government, working with international organizations, has continued to push for equal rights for women and to improve their health and education. Today single mothers in the countryside still face hardship, discrimination and shame, but benefit from government initiatives that started with the older generation.” (NYT, 14 February 2013)

The daily newspaper Tuoi Tre News based in Ho Chi Minh City in September 2014 reports the following regarding single mothers:

“As more women in Vietnam become single mothers for different reasons, several groups have been launched online to help them overcome financial difficulties, provide them with access to better child care, and stand firm against social stigmas. One such group in Ho Chi Minh City is ‘Hoi Nhung Ba Me Nuoi Con bang Doi Tay va Nuoc Mat’ (Association of Single Mothers Raising Their Children with their Hands and Tears). Membership to the group is exclusive to single mothers only. According to its management, the group now has almost 2,000 members.” (Tuoi Tre News, 8 September 2014)

Experiential Learning International (ELI), a US-based non-profit organisation that promotes volunteer, internship, and study abroad opportunities, states that ELI works among others with a shelter for single mothers and their children in Vietnam:

“In Vietnam, pregnant women out of wedlock are highly stigmatized and often abandoned by their families and boyfriends. With nowhere else to go, these women are forced to live in the streets. We work with a shelter that provides meals, education, and a temporary home for single pregnant women as well as single mothers and their children. The shelter works hard to create supportive environment for the mothers and give them the necessary life skills to live independently. The shelter provides vocational training to these women so they can eventually leave the shelter and make it on their own.” (ELI, undated)

Children of Vietnam (COV), a US-based non-profit organisation, reports the following on its undated website concerning a programme titled Empowering Foundations for Women & Their Children (EFWC):

“EFWC [Empowering Foundations for Women & Their Children] provides an array of ‘wraparound’ services tailored to the specific needs of each woman and her children. Our approach is guided by the recognition that women face a myriad of barriers that trap them in poverty. These barriers are interrelated and require a multi-faceted effort to confront. For example, substandard housing begets poor health, which reduces income and increases living costs. Families headed by women are some of the poorest in Vietnam. They raise their children in structures that are made from woven plant fibers, corrugated metal and other unsafe building materials. The floors are generally of dirt and the structures contain no toilets for sanitary waste disposal. And the children of these families, particularly girls, attend a limited amount of schooling.” (COV, undated)

Mental health related support schemes offered by the state and NGOs

A fact sheet by the International Organization for Migration (IOM) published October 2013 mentions the following regarding persons with a mental disorder:

„Decree 55/1999/ND-CP dated 10 July 1999 by the Government and Circular 13/2000/TTBLDTBXH dated 12 May 2000 by MOLISA [Ministry of Labour, Invalids and Social Affairs] define:

The heavily disabled, including persons with mental disorder who are able to receive social welfare shall meet the 3 following criteria:

a) Without work capability any more.

b) Without income to support their life; in case of having income but still being the poor according to living standards as specified by MOLISA for a certain period of time.

c) Without relatives to look after such as natural father, natural mother, adoptive father, adoptive mother, spouse, natural son/daughter, legally adopted children In case that the disabled as regulated by Item a, b whose relatives, as stipulated by Item c, are the poor at age of less than 16 for more than 60 years old shall be considered for social welfare.

The regular social welfare granted to the heavily disabled as specified by Article 6 of the Decree 55/1999/ND-CP is identified at a minimum level. Chairmen of Provincial People’s Committee can adjust the level of social welfare suitable for real conditions of their own localities. However, it must not be lower than the level as regulated by the aforesaid Decree:

- Regular social welfare favourable to target beneficiaries living in households managed by communes and wards is 45,000 VND [Vietnamese dong] /person/month;

- The social welfare in the State’s nursing home is 100,000 VND/person/month; persons with serious metal disorder who have been medically treated in a long term and identified as chronic patients with behaviours dangerous to the society by competent health care agency when they shall have their own case-record developed by medical agency and be moved to nursing house financed by the State with the amount of 115,000 VND/person/month

- The disabled with metal disorder are partially exempt from medical care and treatment fees“ (IOM, 31 October 2014, p. 38)

Article 6, Paragraph 1, Section c and Article 7 of Decree No. 55/1999/ND-CP of 10 July 1999 read as follows:

“[Article 6. 1.] c/ For seriously mentally diseased persons, who have gone through long medical treatment, who are examined and evaluated by the competent medical agency as having the chronic, mental diseases and having acts which may cause dangers to the society, medical agencies shall compile the disease dossiers as prescribed and transfer them to the State-run social establishments for concentrated fostering of mentally diseased persons, with the allowance of 115,000 dong/person/month.” (Decree No. 55/1999/ND-CP, 10 July 1999, Article 6)

“Article 7.- The provision of free medical examinations and treatments for seriously disabled persons who have no sources of income and no support, mentally diseased persons and poor disabled persons shall comply with the Governments Decree No.95/CP of August 27, 1994 on the partial collection of hospital fee.” (Decree No. 55/1999/ND-CP, 10 July 1999, Article 7)

For detailed information on mental health care in Vietnam please see the following older documents published in 2006 and 2011:

·      WHO - World Health Organisation: WHO-AIMS Report On Mental Health System In Viet Nam, 2006

http://www.who.int/mental_health/evidence/who_aims_report_viet_nam.pdf

·      Duong Anh Vuong et al: Mental health in Vietnam: Burden of disease and availability of services. In: Asian Journal of Psychiatry 4 (2011), pp. 65-70, 2011

http://www.asianjournalofpsychiatry.com/article/S1876-2018%2811%2900006-2/pdf

 

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References: (all links accessed 13 October 2014)

Socio-economic support schemes offered by the state and NGOs

·      COV - Children of Vietnam: Empowering Foundations for Women & Their Children, undated

http://www.childrenofvietnam.org/special-initiatives/empowering-foundations-for-women-a-their-children.html

·      Decree No. 07/2000/ND-CP of March 9, 2000 on social relief policies, 9 March 2000

http://vbpl.vn/TW/Pages/vbpqen-toanvan.aspx?ItemID=555

·      Decree No. 168/2004/ND-CP of September 20, 2004 amending and supplementing a number of articles of the Government's Decree No. 07/2000/ND-CP of March 9, 2000 on social relief policies, 20 September 2004

http://vbpl.vn/tw/Pages/vbpqen-toanvan.aspx?ItemID=7591

·      Decree No. 67/2007/ND-CP on support policies for social protection beneficiaries, 13 April 2007

http://vbpl.vn/tw/Pages/vbpqen-toanvan.aspx?ItemID=3943

·      ELI - Experiential Learning International: Women, Women's Programs in Vietnam, undated

http://www.eliabroad.org/index.php/destinations/asia/vietnam

·      IOM - International Organization for Migration: Country Fact Sheet 2013, Vietnam, 31 October 2013 (published by ZIRF)

http://www.bamf.de/SharedDocs/MILo-DB/EN/Rueckkehrfoerderung/Laenderinformationen/Informationsblaetter/cfs_vietnam-dl_en.pdf?__blob=publicationFile

·      MRT-RRT - Australian Government - Migration Review Tribunal & Refugee Review Tribunal: Country Advice Vietnam – VNM38140 – Women – Single mothers – Children born overseas – Internal relocation – State protection, 21 February 2011 (available at ecoi.net)

http://www.ecoi.net/file_upload/1788_1340794331_vnm38140.pdf

·      MRT-RRT - Australian Government - Migration Review Tribunal & Refugee Review Tribunal: Country Advice Vietnam – VNM39823 – Protestants – Citizenship – Employment Discrimination – Household Registration – Social Services – State Protection for Women – Passport Corruption, 14 February 2012 (available at ecoi.net)

http://www.ecoi.net/file_upload/1930_1352300886_vnm39823.pdf

·      NYT - New York Times: A Tiny Village Where Women Chose to Be Single Mothers, 14 February 2013

http://www.nytimes.com/2013/02/15/world/asia/in-vietnam-some-chose-to-be-single-mothers.html?pagewanted=all&_r=0

·      Tuoi Tre News: We, Vietnam single moms, 8 September 2014

http://tuoitrenews.vn/features/22235/vietnam-single-mothers-stand-together-for-mental-strength-help

·      Viet Nam News: New project to support social assistance policy, 20 February 2014

http://vietnamnews.vn/society/251342/new-project-to-support-social-assistance-policy.html

Mental health related support schemes offered by the state and NGOs

·      Decree No. 55/1999/ND-CP of July 10, 1999 detailing the implementation of a number of articles of the ordinance on the disabled, 10 July 1999

http://www.moj.gov.vn/vbpq/en/Lists/Vn%20bn%20php%20lut/View_Detail.aspx?ItemID=894

·      Duong Anh Vuong et al: Mental health in Vietnam: Burden of disease and availability of services. In: Asian Journal of Psychiatry 4 (2011), pp. 65-70, 2011

http://www.asianjournalofpsychiatry.com/article/S1876-2018%2811%2900006-2/pdf

·      IOM - International Organization for Migration: Country Fact Sheet 2013, Vietnam, 31 October 2013 (published by ZIRF)

http://www.bamf.de/SharedDocs/MILo-DB/EN/Rueckkehrfoerderung/Laenderinformationen/Informationsblaetter/cfs_vietnam-dl_en.pdf?__blob=publicationFile

·      WHO - World Health Organisation: WHO-AIMS Report On Mental Health System In Viet Nam, 2006

http://www.who.int/mental_health/evidence/who_aims_report_viet_nam.pdf