Joint Circular No. 02/2001/TTLT/BYT-BLDTBXH guiding the implementation of Decision No. 26/2000/QD-TTg dated February 23, 2000 of the Prime Minister on certain benefits for those who participated in the resistance war and their children affected by toxic chemicals used by the United States during the war in Vietnam.

JOINT CIRCULAR

Issued by the Ministry of Health and the Ministry of Labour, Invalids and Social Affairs under Decision No. 02/2001/TTLT-BYT-BLDTBXH dated February 12, 2001 on Guidelines for implementing Decision No. 26/2000/QD-TTg dated February 23, 2000 of the Prime Minister regarding certain benefits for those who participated in the resistance war and their children affected by chemical toxins used by the United States during the war in Vietnam Implementing Decision No. 26/2000/QD-TTg dated February 23, 2000 of the Prime Minister on certain benefits for those who participated in the resistance war and their children affected by chemical toxins used by the United States during the war in Vietnam; after obtaining the agreement of the Ministry of Finance and relevant agencies at the meeting held on February 6, 2001. The Joint Ministry of Health and Ministry of Labour, Invalids and Social Affairs hereby provides guidelines for implementation as follows:exposed to chemical toxins due to the use by the United States1. Determination of serious diseases and levels of deformities and disabilities caused by exposure to chemical toxins used by the United States during the war in Vietnam, and determination of work capacity for beneficiaries according to Article 1 of Decision No. 26/2000/QD-TTg dated February 23, 2000 of the Prime Minister on certain benefits for those who participated in the resistance war and their children affected by chemical toxins used by the United States during the war in Vietnam shall be based on evidence established in the list compiled during the investigation of "People Affected by Chemical Toxins Used by the United States During the War in Vietnam" pursuant to Decision No. 74/1998/QD-TTg dated April 3, 1998 of the Prime Minister on the investigation and identification of victims affected by chemical toxins used by the United States during the war in Vietnam, and completed according to Circular No. 17/2000/TTLT-BLDTBXH-BTC dated July 5, 2000 of the Joint Ministry of Labour, Invalids and Social Affairs and the Ministry of Finance.

Provincial Departments of Health (referred to collectively as the province) shall coordinate with Provincial Departments of Labour, Invalids and Social Affairs to guide and inspect implementation according to the provisions set forth in point 1 above.

2. In cases where there are disputes or complaints about the determination of disease severity, deformities, disabilities, and work capacity, the District, County, City, or Town Health Centers (referred to collectively as the county) or regional general hospitals shall cooperate with the county Labour, Invalids and Social Affairs Office and the People's Committee of the commune, ward, or town where the individual resides to verify and conclude. If there is still disagreement, the county Labour, Invalids and Social Affairs Office shall prepare a file and submit it to the provincial Department of Labour, Invalids and Social Affairs for referral to the provincial Medical Examination Board for examination according to current regulations.

The provincial Medical Examination Board shall examine the severity of diseases, deformities, disabilities, and health damage of the subjects based on current evidence, concluding the work capacity of each person according to Article 1 of Decision No. 26/2000/QD-TTg dated February 23, 2000 of the Prime Minister on certain benefits for those who participated in the resistance war and their children affected by chemical toxins used by the United States during the war in Vietnam as the basis for implementing benefits.

3. In cases where incorrect beneficiaries are identified or individuals are not participants in combat or support activities in areas affected by US chemical toxins (south of the 17th parallel) during the anti-US resistance war from August 1961 to April 30, 1975, the provincial Department of Labour, Invalids and Social Affairs shall base on the "Investigation Form for People Affected by Chemical Toxins Used by the United States During the War in Vietnam" according to Decision No. 74/1998/QD-TTg dated April 3, 1998 of the Prime Minister (stored at the provincial Department or the Ministry of Labour, Invalids and Social Affairs) to coordinate with the district People's Committee to verify and conclude, and report to the provincial People's Committee for decision.

This circular takes effect from the date of issuance. Individuals affected by chemical toxins who have been reviewed and concluded and have received benefits according to Circular No. 17/2000/TTLT-BLDTBXH-BTC dated July 5, 2000 and in accordance with this circular shall continue to receive benefit payments.

Previous regulations on determining diseases or deformities and disabilities caused by chemical toxins that contradict the provisions of this circular are hereby abolished.

During implementation, if there are difficulties, please reflect them to the Joint Ministries for timely research and resolution.

Any previous regulations on identifying diseases or deformities, disabilities caused by exposure to chemical toxins that conflict with the provisions of this Circular are hereby abolished.

During implementation, if any difficulties arise, they should be reported to the relevant ministries for timely study and resolution.