Ordinance No. 02/2020/UBTVQH14 on Preferential Policies for Persons Contributing to the Revolution

ORDINANCE

PRIVILEGES FOR PERSONS WITH MERIT TO THE REVOLUTION

On the basis of the Constitution of the Socialist Republic of Vietnam;

Pursuant to Resolution No. 106/2020/QH14 dated June 10, 2020 of the National Assembly on the Program for Legislative Work in 2021 and Adjustments to the Legislative Work Program in 2020;

The Standing Committee of the National Assembly promulgates this Ordinance on Privileges for Persons with Merit to the Revolution.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Ordinance stipulates the scope, subjects, conditions, criteria, privilege regimes for persons with merit to the revolution and their dependents; memorials for martyrs, martyrs' graves; resources for implementation; state management; responsibilities of agencies, organizations, and individuals related to the implementation of policies and privilege regimes for persons with merit to the revolution and their dependents.

Article 2. Applicability

1. Person who has rendered meritorious service to the revolution.

2. Dependents of persons with merit to the revolution.

3. Agencies, organizations, and individuals related to the implementation of policies and privilege regimes for persons with merit to the revolution and their dependents.

Article 3. Subjects entitled to privilege regimes for persons with merit to the revolution

1. Persons with merit to the revolution include:

a) Persons who were engaged in revolutionary activities before January 1, 1945;

b) Individuals who were engaged in revolutionary activities from January 1, 1945 to August 1945;

c) Martyrs;

d) Mothers of Vietnam's Heroic People;

d) Heroes of the People's Armed Forces;

e) Labor Heroes during the resistance war;

g) War invalids, including those classified as Type B invalids recognized before December 31, 1993; individuals receiving benefits equivalent to war invalids;

h) Invalids due to illness;

i) Individuals who were involved in anti-war resistance, contaminated by chemical toxins;

k) Individuals who were engaged in revolutionary, anti-war, national defense, and international duty and were captured and imprisoned by the enemy;

l) Individuals who were involved in anti-war resistance for national liberation, national defense, and international duty;

m) Individuals who assisted the revolution.

2. Dependents of persons with merit to the revolution include biological father, biological mother, spouse, children (biological or adopted), and individuals who raised martyrs until they reached 18 years old.

Article 4. Definitions

1. National defense and security tasks are tasks assigned by the Party, State, and competent authorities aimed at protecting the independence, sovereignty, unity, territorial integrity of the country, protecting the Party, State, people, and socialist regime; ensuring national security and social order and safety.

2. Individuals who raised martyrs are individuals who nurtured martyrs until they reached 18 years old and the nurturing period lasted for ten years or more.

3. Individuals living alone are individuals living single and without relatives.

4. Percentage of bodily impairment is a term used instead of percentage of reduced labor capacity, percentage of injury, percentage of disability, percentage of illness, or percentage of health damage.

5. Brave actions are actions carried out to protect the legitimate rights and interests of the State and the people despite knowing that it may affect their lives.

6. Urgent and dangerous work is work that must be resolved immediately without delay and may affect the life of the person performing it.

Article 5. Privilege regimes for persons with merit to the revolution and their dependents

Depending on the subject, persons with merit to the revolution and their dependents are entitled to main privilege regimes as follows:

1. Monthly allowances, monthly subsidies, one-time allowances;

2. Other privilege regimes include:

a) Health insurance;

b) Rehabilitation to restore health;

c) Provision of assistive devices, orthopedic equipment, means, and equipment for restoring functions as prescribed by orthopedic and rehabilitation facilities under the Ministry of Labor, Invalids, and Social Affairs or provincial hospitals and above;

d) Priority in enrollment, job creation;

đ) Support to study up to university level at educational institutions within the national education system;

e) Support to improve housing based on each individual's contributions and circumstances or when facing housing difficulties;

g) Exemption or reduction of land use fees when the State allocates residential land, changes land use purposes to residential land, recognizes the right to use residential land, or purchases state-owned residential property;

h) Priority in allocation or leasing of land, water surfaces, sea surfaces; priority in allocating contracts for forest protection and development;

i) Preferential loans for production and business;

k) Exemption or reduction of taxes as prescribed by law.

Article 6. Principles for Implementing Policies and Preferential Treatment Systems for Persons Contributing to the Revolution and Their Dependents

1. Caring for the health, material and spiritual life of persons contributing to the revolution and their dependents is the responsibility of the State and society. The State encourages organizations and individuals to show concern, provide assistance, and implement policies and preferential treatment systems for persons contributing to the revolution.

2. The preferential treatment system for persons contributing to the revolution and their dependents must be determined and adjusted appropriately according to the economic and social conditions of the country at each period, ensuring that the standard of living of persons contributing to the revolution is equal to or higher than the average level of the local community.

3. Persons contributing to the revolution who belong to multiple categories shall enjoy allowances and subsidies from multiple categories; in cases of allowances for service personnel and preferential treatment systems stipulated in Clause 2, Article 5 of this Ordinance, they shall only receive the highest level of one preferential treatment system.

4. In cases where persons contributing to the revolution and their dependents, as specified in Clause 12, Article 16 and Clause 1, Article 31 of this Ordinance, die, the person or organization responsible for burial shall receive funeral allowance according to the provisions of the law on social insurance; if they belong to multiple categories, they shall only receive one funeral allowance.

Where the subjects specified in this clause simultaneously belong to the category entitled to funeral allowance under the provisions of the law on social insurance, they shall receive funeral allowance according to the provisions of the law on social insurance; in cases where they simultaneously belong to the category entitled to funeral allowance guaranteed by the state budget under the provisions of other regulatory legal documents, they shall receive one funeral allowance with the highest level.

5. In cases where persons contributing to the revolution die and have dependents entitled to monthly pension allowance according to this Ordinance, the dependents of persons contributing to the revolution shall receive monthly pension allowance as follows:

a) Dependents of two or more persons contributing to the revolution shall be entitled to a maximum of two monthly pension allowances, except in cases provided for in point a, Clause 3, Article 16 of this Ordinance;

b) Dependents of a martyr who are also dependents of two or more persons contributing to the revolution shall be entitled to the monthly pension allowance of a martyr and the monthly pension allowance of a person contributing to the revolution;

c) Dependents of two or more martyrs and who are also dependents of a person contributing to the revolution shall be entitled to the monthly pension allowance for dependents of martyrs as stipulated in point a, Clause 3, Article 16 of this Ordinance;

d) Dependents of a person contributing to the revolution who belongs to two or more categories of persons contributing to the revolution shall be entitled to the monthly pension allowance of one category;

e) Children of persons contributing to the revolution who are eighteen years old or older and who have received monthly pension allowance during their study at a vocational education institution or university, or who are receiving monthly pension allowance during their study at a vocational education institution or university but have stopped studying or been expelled, shall not be entitled to monthly pension allowance.

6. Dependents of persons contributing to the revolution who are entitled to additional monthly maintenance pension allowance shall receive one monthly maintenance pension allowance.

Article 7. Prohibited acts in the field of preferential treatment for those who have rendered meritorious service to the revolution

1. Falsely declaring or forging documents to enjoy preferential policies for those who have rendered meritorious service to the revolution and their dependents.

2. Exploiting positions or powers to violate regulations or cause damage to state interests or the rights and benefits of those who have rendered meritorious service to the revolution and their dependents.

3. Violating management and usage principles of funds guaranteed for implementing preferential policies and benefits for those who have rendered meritorious service to the revolution and their dependents, and the Fund for Repaying Gratitude.

4. Exploiting the implementation of preferential policies and benefits for those who have rendered meritorious service to the revolution and their dependents to violate laws.

Chapter II

CONDITIONS, STANDARDS AND PRIVILEGES

PERSONS WHO HAVE RENDERED MERITORIOUS SERVICE TO THE REVOLUTION

Section 1.

PERSONS ENGAGED IN THE REVOLUTIONARY MOVEMENT

BEFORE JANUARY 1, 1945

Article 8. Conditions and criteria for persons engaged in the revolutionary movement before January 1, 1945

1. A person engaged in the revolutionary movement shall be recognized by the competent authority as such before January 1, 1945 if they meet one of the following conditions or criteria:

a) Having participated in a revolutionary organization before January 1, 1945;

b) Being admitted or readmitted to the Indochinese Communist Party before August 19, 1945.

2. The Government shall specify detailed conditions, criteria, procedures, and files for recognizing persons engaged in the revolutionary movement before January 1, 1945.

Article 9. Preferential treatment for persons engaged in the revolutionary movement before January 1, 1945

1. Issuing a "Certificate of Persons Engaged in the Revolutionary Movement Before January 1, 1945" in accordance with the provisions of the Government.

2. Monthly allowance and monthly subsidy.

3. Health insurance.

4. Annual convalescence for health recovery.

5. Support for improving housing based on each individual's merit and circumstances.

6. Preferential treatment as stipulated at point c and point g, Clause 2, Article 5 of this Ordinance.

7. Providing daily newspaper purchase money; creating conditions for participation in cultural and spiritual activities appropriate to their situation.

Article 10. Preferential treatment for dependents of persons engaged in the revolutionary movement before January 1, 1945

1. Health insurance for spouses or children aged from six years old to under eighteen years old or over eighteen years old if still continuing education or suffering from severe disability or extremely severe disability.

2. Preferential treatment as stipulated at point d and point e, Clause 2, Article 5 of this Ordinance for children.

3. In case a person engaged in the revolutionary movement before January 1, 1945 dies while enjoying preferential treatment, their dependents shall enjoy the following preferential treatment:

a) Monthly pension allowance for spouses or children under eighteen years old or over eighteen years old if still continuing education or suffering from severe disability or extremely severe disability.

In cases where spouses live alone or children are orphaned under eighteen years old or over eighteen years old if still continuing education or suffering from severe disability or extremely severe disability, they shall also receive additional monthly maintenance pension allowance;

b) One-time allowance equivalent to three months of monthly allowance and subsidy currently enjoyed.

4. In case a person engaged in the revolutionary movement before January 1, 1945 dies without having enjoyed preferential treatment as stipulated in Article 9 of this Ordinance, their dependents or worshippers shall receive one-time allowance according to the Government's regulations.

5. Funeral allowance for the person or organization carrying out funeral arrangements when a person engaged in the revolutionary movement before January 1, 1945 dies while receiving monthly allowance or subsidy.

Section 2

PERSONS ENGAGED IN THE REVOLUTIONARY MOVEMENT FROM JANUARY 1, 1945 TO AUGUST 1945

Article 11. Conditions and criteria for individuals who engaged in revolutionary activities from January 1, 1945 to August Uprising Day in 1945

1. Individuals engaging in revolutionary activities shall be recognized by competent authorities as those who engaged in revolutionary activities from January 1, 1945 to August Uprising Day in 1945 if they meet one of the following conditions and criteria:

a) Participated in revolutionary organizations or armed forces at the district level or equivalent from January 1, 1945 to the local uprising date and continued to participate in one of the two resistance wars thereafter;

b) Engaged in grassroots work from January 1, 1945 to the local uprising date and continued to participate in one of the two resistance wars, and during the grassroots work period from January 1, 1945 to the local uprising date held positions such as Secretary, Chairman, Director of the Viet Minh, Secretary of the National Farmers' Salvation Association, Secretary of the Youth Salvation Association, Secretary of the Women's Salvation Association, or equivalent at the commune level; Team leader, group leader, or squad leader of self-defense combat, propaganda liberation, youth salvation, farmers' salvation, women's salvation, or children's salvation teams, groups, or squads at the locality where no revolutionary mass organization had been established at the commune level; individuals admitted into the Viet Minh organization and assigned tasks to remain in the locality to develop revolutionary grassroots work; individuals participating in the August 1945 revolution and holding one of the leadership positions specified herein or participating in revolutionary organizations or armed forces at the district level or equivalent from August 1945 onwards;

c) Individuals engaging in revolutionary activities as stipulated in points a and b of this clause who did not continue to participate in one of the two resistance wars due to reduction in force, demobilization, or insufficient health;

2. Individuals recognized as those who engaged in revolutionary activities before January 1, 1945 shall not be considered as those who engaged in revolutionary activities from January 1, 1945 to August Uprising Day in 1945;

3. The Government shall provide detailed regulations on the conditions, criteria, procedures, and documentation for recognizing individuals who engaged in revolutionary activities from January 1, 1945 to August Uprising Day in 1945.

Article 12. Preferential treatment for individuals who engaged in revolutionary activities from January 1, 1945 to August Uprising Day in 1945

1. Individuals who engaged in revolutionary activities from January 1, 1945 to August Uprising Day in 1945 shall enjoy preferential treatment as follows:

a) Issuance of a "Certificate of Individuals Engaging in Revolutionary Activities from January 1, 1945 to August Uprising Day in 1945" in accordance with the Government's regulations;

b) Monthly allowance;

c) Health insurance;

d) Annual convalescence for health recovery;

đ) Housing improvement support based on their contributions and circumstances;

e) Preferential treatment as prescribed in points c and g of Clause 2, Article 5 of this Ordinance;

g) Provision of daily People's Newspaper purchase funds; creation of conditions for participation in cultural and spiritual activities appropriate to their needs;

2. Individuals currently enjoying preferential treatment for those who engaged in revolutionary activities from January 1, 1945 to August Uprising Day in 1945, if recognized as those who engaged in revolutionary activities before January 1, 1945, shall only enjoy preferential treatment for those who engaged in revolutionary activities before January 1, 1945.

Article 13. Preferential treatment for relatives of individuals who were engaged in revolutionary activities from January 1, 1945 to the August Revolution in 1945.

1. Health insurance for spouses or children aged from six years old to under eighteen years old or over eighteen years old if still continuing education or suffering from severe disability or extremely severe disability.

2. Preferential treatment as stipulated at point d and point e, Clause 2, Article 5 of this Ordinance for children.

3. Individuals who were engaged in revolutionary activities from January 1, 1945 to the August Revolution in 1945 and are currently receiving death benefits shall have their relatives entitled to preferential treatment as follows:

a) Monthly pension allowance for spouses or children under eighteen years old or over eighteen years old if still continuing education or suffering from severe disability or extremely severe disability.

In cases where spouses live alone or children are orphaned under eighteen years old or over eighteen years old if still continuing education or suffering from severe disability or extremely severe disability, they shall also receive additional monthly maintenance pension allowance;

b) A one-time allowance equivalent to three months of the current monthly allowance.

4. In cases where individuals who were engaged in revolutionary activities from January 1, 1945 to the August Revolution in 1945 died without having received preferential treatment as stipulated in Article 12 of this Ordinance, their relatives or those responsible for worshiping them shall be entitled to a one-time allowance according to the regulations of the Government.

5. Funeral allowance for the person or organization performing funeral services when individuals engaged in revolutionary activities from January 1, 1945 to the August Revolution in 1945, who are currently receiving monthly allowances, die.

Section 3

||| HEROES

Article 14. Conditions for recognizing heroes

1. Individuals who sacrificed themselves for the revolutionary cause of national liberation, construction, and defense of the country, international duty, or the interests of the State and the people shall be considered for recognition as heroes by competent authorities if they fall under any of the following circumstances:

a) Fighting or directly serving in combat to protect independence, sovereignty, territorial integrity, and national security;

b) Performing defense or security duties in areas occupied by the enemy, areas with ongoing military operations, or areas adjacent to regions occupied by the enemy;

c) Directly engaging in organized political struggle or military propaganda against the enemy;

d) Engaging in or participating in revolutionary or resistance activities that were captured and tortured by the enemy but refused to yield, persistently fought back, or carried out plans to escape captivity or prison and died as a result;

đ) 执行国际义务；

e) Bravely undertaking urgent and dangerous tasks serving national defense and security;

g) Directly performing combat training, drill, or security duties with hazardous characteristics;

h) Falling ill or being injured in an accident that could not be promptly treated while directly performing national defense or security duties in border, maritime, or island areas with particularly difficult conditions as specified by the Government;

i) Directly performing duties to combat crime;

k) Particularly bravely rescuing state or public property, preventing or apprehending criminals, serving as exemplary models widely recognized and promoted in society;

l) Dying due to the recurrence of wounds, which is the primary cause of death for war invalids or persons receiving policies similar to those for war invalids as stipulated in Clause 1 and Clause 2 of Article 23 of this Ordinance, with a disability rate of 61% or higher, and with medical records of recurrent wound treatment from district-level hospitals or higher and autopsy reports;

m) Being declared missing in circumstances as specified in points a, b, c, d, đ, e, g, i, and k of this clause, and concluded by competent authorities as not having betrayed, surrendered, been recruited, or deserted.

2. The Government shall provide detailed regulations for this Article.

Article 15. Treatment for heroes

1. Organizing notification of death, memorial services, burial, and inscription on monuments commemorating heroes.

2. Bestowing the "State Commendation" plaque according to the regulations of the Government.

3. The remains of heroes shall be searched for, collected, identified, and buried.

4. In cases where heroes have no relatives receiving monthly pension benefits as stipulated in Clause 3 of Article 16 of this Ordinance, the person entrusted or authorized to worship the hero shall be entitled to receive hero worship allowance.

Article 16. Preferential treatment for relatives of烈士

1. Issue "Certificate of Martyrs' Family" in accordance with the Government's regulations.

2. Provide a one-time pension when awarding the "National Commendation" plaque; if there are no relatives, the heir of the martyr retains the "National Commendation" plaque and receives a one-time pension.

3. Monthly pension for the following persons:

a) The deceased's father, mother, minor children under 18 years old, or those aged 18 or older who continue their education or suffer from severe disabilities or extremely severe disabilities, individuals who have cared for the deceased; in cases involving multiple martyrs, the benefits are provided according to the levels of relatives of two martyrs, three martyrs, etc.;

b) The deceased's spouse.

4. In cases where the deceased's father, mother, individuals who have cared for the deceased, or the deceased's spouse live alone, and the deceased's child, as stipulated in Clause 3 of this Article, is orphaned, they shall receive additional monthly maintenance pensions.

5. Health rehabilitation every two years for the deceased's father, mother, individuals who have cared for the deceased, spouse, or children suffering from severe disabilities or extremely severe disabilities.

If the deceased's father or mother has only one surviving child who is a martyr or two or more martyrs, they will receive annual health rehabilitation.

6. Medical insurance for the deceased's father, mother, individuals who have cared for the deceased, spouse, or children.

7. Preferential treatment as stipulated in Points d, đ, e, g, h, i, and k of Clause 2, Article 5 of this Ordinance.

8. Preferential treatment as stipulated in Point c of Clause 2, Article 5 of this Ordinance for relatives of martyrs receiving monthly pensions.

9. Support for visiting martyrs' graves and moving martyrs' remains.

10. For the deceased's spouse who remarries but continues to raise the deceased's child until adulthood or cares for the deceased's father or mother while they are alive, or engages in revolutionary activities without the conditions to care for the deceased's father or mother while they are alive, they shall enjoy preferential treatment as follows:

a) Monthly pension;

b) Medical insurance.

11. A one-time grant equivalent to three months of the current monthly pension received by the relative when the subject specified in Clause 3 of this Article dies, except in the case where the subject specified in Clause 10 of this Article dies.

12. Funeral allowance for the person or organization responsible for the funeral when the subject specified in Clause 3 of this Article dies while receiving a monthly pension, except in the case where the subject specified in Clause 10 of this Article dies.

Section 4

THE HEROIC MOTHER OF VIETNAM

Article 17. Conditions and criteria for the Heroic Mother of Vietnam

The Heroic Mother of Vietnam is a person awarded or posthumously awarded the title "Heroic Mother of Vietnam" in accordance with the Ordinance on National Honors and Distinctions "Heroic Mother of Vietnam".

Article 18. Preferential treatment for the Heroic Mother of Vietnam

1. Preferential treatment for relatives of martyrs as stipulated in Clauses 1, 2, 4, 6, 7, 8, and 9 of Article 16 of this Ordinance.

2. Monthly pension at three times the standard level.

3. Monthly supplementary allowance.

4. Caregiver allowance for the Heroic Mother of Vietnam living at home.

5. Annual health rehabilitation.

6. The State and society provide a house of affection or support for improving housing conditions as stipulated in Point e of Clause 2, Article 5 of this Ordinance.

Article 19. Preferential treatment for relatives of Heroic Mothers of Vietnam

1. One-time allowance for relatives when a Heroic Mother of Vietnam is awarded the title but dies without having enjoyed preferential treatment or is posthumously awarded the title "Heroic Mother of Vietnam".

2. One-time allowance for relatives at the level of three months' monthly allowance or subsidy currently being received when a Heroic Mother of Vietnam who is receiving monthly allowance or subsidy dies.

3. Funeral allowance for individuals or organizations responsible for funeral arrangements when a Heroic Mother of Vietnam who is receiving monthly allowance or subsidy dies.

4. Health insurance for persons serving Heroic Mothers of Vietnam living in their family homes.

Section 5

NATIONAL MILITARY HEROES, LABOR HEROES DURING THE RESISTANCE WAR

Article 20. Conditions and criteria for National Military Heroes, Labor Heroes during the Resistance War

1. National Military Heroes are those who are awarded or posthumously awarded the title "National Military Hero" by the State according to the provisions of the law.

2. Labor Heroes during the Resistance War are those who are awarded or posthumously awarded the title "Labor Hero" during the Resistance War for outstanding achievements in labor and production serving the Resistance War.

Article 21. Preferential treatment for National Military Heroes, Labor Heroes during the Resistance War

1. Monthly allowance.

2. Health insurance.

3. Rehabilitation for health recovery every two years.

4. Preferential treatment as stipulated in Points c, d, đ, e, g, h, i, and k Clause 2 Article 5 of this Decree.

Article 22. Preferential treatment for relatives of National Military Heroes, Labor Heroes during the Resistance War

1. Health insurance for biological father, biological mother, spouse, or child aged from six to under eighteen years old or over eighteen years old if still continuing education or suffering from severe disability or extremely severe disability.

2. Preferential treatment as stipulated in Point d and Point đ Clause 2 Article 5 of this Decree for children of National Military Heroes, Labor Heroes during the Resistance War.

3. One-time allowance for relatives when National Military Heroes, Labor Heroes during the Resistance War are awarded the title but die without having enjoyed preferential treatment or are posthumously awarded the title "National Military Hero", "Labor Hero" during the Resistance War.

4. One-time allowance for relatives at the level of three months' monthly allowance currently being received when National Military Heroes, Labor Heroes during the Resistance War who are receiving monthly allowance die.

5. Funeral allowance for individuals or organizations responsible for funeral arrangements when National Military Heroes, Labor Heroes during the Resistance War who are receiving monthly allowance die.

Chapter 6

残疾军人、享受与残疾军人相同政策的人

Article 23. Conditions and criteria for war invalids, persons enjoying policies similar to war invalids

1. Officers, professional soldiers, non-commissioned officers, soldiers in the People's Army and officers, non-commissioned officers, soldiers in the Public Security Force who are injured with a percentage of bodily injury of twenty-one percent or more shall be considered by competent authorities to be war invalids, issued a "War Invalid Certificate" and "War Invalid Emblem" if they fall into one of the following cases:

a) Fighting or directly serving in combat to protect independence, sovereignty, territorial integrity, and national security;

b) Performing national defense and security duties in enemy-occupied areas, areas with combat operations, or areas adjacent to enemy-occupied areas;

c) Directly engaging in organized political struggle or military propaganda against the enemy;

d) Captured by the enemy, tortured but not yielding, persistently resisting and leaving physical injuries;

đ) 执行国际义务；

e) Bravely undertaking urgent and dangerous tasks serving national defense and security;

g) Directly performing combat training, drill, or national defense and security duties with dangerous characteristics;

h) Injured due to accidents while directly performing national defense and security duties in border, maritime, and island areas with particularly difficult conditions as specified by the Government;

i) Directly performing duties to combat crime;

k) Particularly courageous in rescuing people, state property, or preventing, apprehending criminals, serving as exemplary models widely recognized and promoted in society.

2. Individuals who are not officers, professional soldiers, non-commissioned officers, soldiers in the People's Army and officers, non-commissioned officers, soldiers in the Public Security Force who are injured with a percentage of bodily injury of twenty-one percent or more falling into one of the cases stipulated in Clause 1 of this Article shall be considered by competent authorities to be persons enjoying policies similar to war invalids and issued a "Certificate for Persons Enjoying Policies Similar to War Invalids".

3. Type B war invalids are military personnel, public security personnel who are injured with a percentage of bodily injury of twenty-one percent or more during training or work and have been recognized by competent authorities before December 31, 1993.

4. War invalids, persons enjoying policies similar to war invalids as stipulated in Clause 1 and Clause 2 of this Article whose special recurrent wounds, residual wounds, or supplementary wounds are re-examined and assessed for the percentage of bodily injury according to the regulations of the Government.

Type B war invalids as stipulated in Clause 3 of this Article whose residual wounds or supplementary wounds are examined to determine the percentage of bodily injury according to the regulations of the Government.

5. The Government shall provide detailed regulations on this matter.

Article 24. Preferential treatment for war invalids and persons entitled to benefits similar to those of war invalids.

1. Monthly allowances and subsidies for war invalids and persons entitled to benefits similar to those of war invalids are as follows:

a) Monthly allowance based on the percentage of bodily injury and type of war invalid.

b) Allowance for a servant for war invalids and persons entitled to benefits similar to those of war invalids with a percentage of bodily injury of 81% or more living at home.

c) Monthly subsidy for war invalids and persons entitled to benefits similar to those of war invalids with a percentage of bodily injury of 81% or more.

d) Special monthly subsidy for war invalids and persons entitled to benefits similar to those of war invalids with a percentage of bodily injury of 81% or more who have particularly severe wounds. War invalids and persons entitled to benefits similar to those of war invalids receiving special monthly subsidies shall not receive monthly subsidies.

2. Health insurance.

3. Health rehabilitation every two years; in cases where the percentage of bodily injury is 81% or more, health rehabilitation is provided annually.

4. Priority and support in education and training, creating favorable conditions for employment in state agencies, organizations, and enterprises based on the percentage of bodily injury.

5. Preferential treatment provisions set forth in points c, e, g, h, i, and k of Clause 2, Article 5 of this Ordinance.

6. State support for initial material infrastructure, including factories, schools, classes, equipment, and facilities, and preferential loans for production and business activities, exemption or reduction of taxes according to the law for production and business establishments exclusively for war invalids, persons entitled to benefits similar to those of war invalids, and disabled veterans.

Article 25. Preferential treatment for relatives of war invalids and persons entitled to benefits similar to those of war invalids.

1. Health insurance for the following individuals:

a) Father, mother, spouse, or child aged from six to under eighteen years old or aged eighteen or older if still continuing their studies or suffering from severe disabilities or extremely severe disabilities of war invalids and persons entitled to benefits similar to those of war invalids with a percentage of bodily injury of 61% or more.

b) Servant of war invalids and persons entitled to benefits similar to those of war invalids with a percentage of bodily injury of 81% or more living at home.

2. In case war invalids and persons entitled to benefits similar to those of war invalids with a percentage of bodily injury of 61% or more die, their relatives will receive survivor's allowance as follows:

a) Father, mother, spouse, or child aged from six to under eighteen years old or aged eighteen or older if still continuing their studies or suffering from severe disabilities or extremely severe disabilities who meet the age requirement stipulated in Clause 2, Article 169 of the Labor Code will receive monthly survivor's allowance.

b) Father, mother living alone, or spouse living alone who meet the age requirement stipulated in Clause 2, Article 169 of the Labor Code, or orphaned children under eighteen years old or aged eighteen or older if still continuing their studies or suffering from severe disabilities or extremely severe disabilities will receive monthly survivor's allowance and monthly survivor's allowance for maintenance.

3. Preferential treatment provisions set forth in points d and f of Clause 2, Article 5 of this Ordinance for children of war invalids and persons entitled to benefits similar to those of war invalids.

4. One-time allowance for relatives equivalent to three months' worth of current monthly allowance and monthly subsidy when war invalids and persons entitled to benefits similar to those of war invalids receiving monthly allowance die.

5. Funeral allowance for the person or organization responsible for funeral arrangements when war invalids and persons entitled to benefits similar to those of war invalids receiving monthly allowance die.

Section 7

病退军人

Article 26. Conditions and criteria for war invalids

1. Officers, professional soldiers, non-commissioned officers, and soldiers in the People's Army, and officers, non-commissioned officers, and soldiers in the People's Public Security who suffer from diseases with a percentage of bodily injury of 61% or more while performing urgent and dangerous tasks and do not meet the conditions to enjoy retirement benefits shall be granted a "War Invalid Certificate" by the competent authority when they cease service in the People's Army or the People's Public Security.

2. The Government shall provide detailed regulations for this Article.

Article 27. Preferential treatment for war invalids

1. Monthly allowances and subsidies for war invalids are as follows:

a) Monthly allowance based on the percentage of bodily injury;

b) Caregiver allowance for war invalids with a percentage of bodily injury of 81% or more living at home;

c) Monthly subsidy for war invalids with a percentage of bodily injury of 81% or more;

d) Special monthly subsidy for war invalids with a percentage of bodily injury of 81% or more suffering from particularly serious illnesses. War invalids receiving special monthly subsidies shall not receive monthly subsidies.

2. Health insurance.

3. Health rehabilitation every two years; in cases where the percentage of bodily injury is 81% or more, annual health rehabilitation is provided.

4. Preferential treatment as stipulated in points c, e, g, h, i, and k of Clause 2, Article 5 of this Ordinance.

Article 28. Preferential treatment for relatives of war invalids

1. Health insurance for the following individuals:

a) Biological father, biological mother, spouse, children aged six or older but under eighteen, or those aged eighteen or older if still continuing their education or suffering from severe disabilities or particularly severe disabilities of war invalids with a percentage of bodily injury of 61% or more;

b) Caregivers of war invalids with a percentage of bodily injury of 81% or more living at home.

2. If war invalids with a percentage of bodily injury of 61% or more die, their relatives shall receive survivor benefits as follows:

a) Father, mother, spouse, or child aged from six to under eighteen years old or aged eighteen or older if still continuing their studies or suffering from severe disabilities or extremely severe disabilities who meet the age requirement stipulated in Clause 2, Article 169 of the Labor Code will receive monthly survivor's allowance.

b) Father, mother living alone, or spouse living alone who meet the age requirement stipulated in Clause 2, Article 169 of the Labor Code, or orphaned children under eighteen years old or aged eighteen or older if still continuing their studies or suffering from severe disabilities or extremely severe disabilities will receive monthly survivor's allowance and monthly survivor's allowance for maintenance.

3. Preferential treatment as stipulated in point d and point e of Clause 2, Article 5 of this Ordinance for the children of war invalids.

4. A one-time allowance for relatives equivalent to three months of the current monthly allowance and monthly subsidy being received by the war invalid at the time of death.

5. Funeral allowance for individuals or organizations responsible for funeral arrangements when the war invalid dies while receiving monthly allowances.

Section 8

PERSONS ENGAGED IN THE RESISTANCE WAR WHO HAVE BEEN EXPOSED TO CHEMICAL WEAPONS

Article 29. Conditions and criteria for persons engaged in the resistance war who have been exposed to chemical weapons

1. Persons who worked, fought, or served in combat operations between August 1, 1961, and April 30, 1975, in areas where the US military used chemical weapons in the B, C, K battlefields and certain locations in Vinh Linh District, Quang Tri Province, and were exposed to chemical weapons leading to one of the following situations shall be granted a "Certificate of Persons Engaged in the Resistance War Exposed to Chemical Weapons" by the competent authority:

a) Suffering from a disease related to exposure to chemical weapons with a percentage of bodily injury of 21% or more;

b) Infertility;

c) Giving birth to deformed or disabled children.

2. The Government shall specify in detail the locations in Vinh Linh District, Quang Tri Province, and the List of Diseases, Deformities, and Disabilities related to exposure to chemical weapons as stipulated in this Article.

Article 30. Preferential treatment for persons engaged in the resistance war who have been exposed to chemical weapons

1. Monthly allowances for persons engaged in the resistance war exposed to chemical weapons are as follows:

a) Persons falling under point a of Clause 1, Article 29 of this Ordinance shall receive monthly allowances based on the percentage of bodily injury ranging from 21% to 40%, 41% to 60%, 61% to 80%, or 81% or more;

b) Persons falling under point b or point c of Clause 1, Article 29 of this Ordinance who do not suffer from a disease or suffer from a disease specified in point a of Clause 1, Article 29 of this Ordinance with a percentage of bodily injury below 61% shall receive monthly allowances equivalent to those with a percentage of bodily injury ranging from 41% to 60%; in cases where they suffer from a disease with a percentage of bodily injury of 61% or more, they shall receive monthly allowances corresponding to the percentage of bodily injury ranging from 61% to 80% or 81% or more as stipulated in point a of this clause;

c) War invalids suffering from a disease specified in point a of Clause 1, Article 29 of this Ordinance due to exposure to chemical weapons shall undergo comprehensive medical examination and assessment to receive monthly allowances corresponding to the percentage of bodily injury;

d) War invalids falling under point b or point c of Clause 1, Article 29 of this Ordinance shall receive monthly allowances for war invalids and monthly allowances for persons engaged in the resistance war exposed to chemical weapons with a percentage of bodily injury ranging from 41% to 60%;

đ) War invalids suffering from a disease specified in point a of Clause 1, Article 29 of this Ordinance due to exposure to chemical weapons and falling under point b or point c of Clause 1, Article 29 of this Ordinance may choose to receive monthly allowances according to point c or point d of this clause.

2. Monthly subsidy for persons engaged in the resistance war exposed to chemical weapons with a percentage of bodily injury of 81% or more.

3. Caregiver allowance for persons engaged in the resistance war exposed to chemical weapons with a percentage of bodily injury of 81% or more living at home.

4. Health insurance.

5. Health rehabilitation every two years; in cases where the percentage of bodily injury is 81% or more, annual health rehabilitation is provided.

6. Preferential treatment as stipulated in points c, e, g, h, i, and k of Clause 2, Article 5 of this Ordinance.

Article 31. Preferential treatment for relatives of persons engaged in anti-war activities who were exposed to chemical toxins

1. Monthly allowance for biological children with deformities or disabilities related to exposure to chemical toxins with a disability rate of 61% or higher.

2. Health insurance for the following individuals:

a) Biological father, biological mother, spouse, or biological child from six years old to under eighteen years old, or eighteen years old or older if still continuing education or suffering from severe or extremely severe disabilities of persons engaged in anti-war activities who were exposed to chemical toxins with a disability rate of 61% or higher;

b) Biological children as specified in Clause 1 of this Article;

c) Caregivers living in the family of persons engaged in anti-war activities who were exposed to chemical toxins with a disability rate of 81% or higher.

3. In case persons engaged in anti-war activities who were exposed to chemical toxins with a disability rate of 61% or higher die, their relatives shall be entitled to the following survivor benefits:

a) Father, mother, spouse, or child aged from six to under eighteen years old or aged eighteen or older if still continuing their studies or suffering from severe disabilities or extremely severe disabilities who meet the age requirement stipulated in Clause 2, Article 169 of the Labor Code will receive monthly survivor's allowance.

b) Biological father, biological mother living alone, spouse reaching the age stipulated in Clause 2 of Article 169 of the Labor Code living alone, orphaned children under eighteen years old or eighteen years old or older if still continuing education or suffering from severe or extremely severe disabilities shall be entitled to monthly survivor allowance and monthly maintenance allowance.

4. The preferential treatment prescribed in Point c Clause 2 Article 5 of this Ordinance for biological children as specified in Clause 1 of this Article.

5. The preferential treatment prescribed in Points d and đ Clause 2 Article 5 of this Ordinance for children of persons engaged in anti-war activities who were exposed to chemical toxins.

6. One-time allowance for relatives equivalent to three months of the current monthly allowance when persons engaged in anti-war activities who were exposed to chemical toxins, or biological children receiving monthly allowances die.

7. Funeral allowance for the person or organization carrying out funeral arrangements in the following cases:

a) Persons engaged in anti-war activities who were exposed to chemical toxins receiving monthly allowances die;

b) Biological children as specified in Clause 1 of this Article die.

Section 9

PERSONS ENGAGED IN REVOLUTIONARY ACTIVITIES, ANTI-WAR ACTIVITIES, DEFENDING THE COUNTRY, AND PERFORMING INTERNATIONAL OBLIGATIONS CAPTURED BY THE ENEMY

Article 32. Conditions and criteria for persons engaged in revolutionary activities, anti-war activities, defending the country, and performing international obligations captured by the enemy

Persons engaged in revolutionary activities, anti-war activities, defending the country, and performing international obligations captured by the enemy, during the period of captivity, did not report harmful information to the revolution or anti-war activities, and did not become collaborators for the enemy, shall be recognized by competent authorities as persons engaged in revolutionary activities, anti-war activities, defending the country, and performing international obligations captured by the enemy.

Article 33. Preferential treatment for persons engaged in revolutionary activities, anti-war activities, defending the country, and performing international obligations captured by the enemy

1. Awarding Commemorative Medal.

2. Monthly allowance.

3. Health insurance.

4. Rehabilitation to restore health every two years.

5. The preferential treatment prescribed in Points c, e, and g Clause 2 Article 5 of this Ordinance.

- Office of the President of the StateArticle 34. Preferential treatment for relatives of persons engaged in revolutionary activities, anti-war activities, defending the country, and performing international obligations captured by the enemy

1. One-time allowance for relatives when persons engaged in revolutionary activities, anti-war activities, defending the country, and performing international obligations captured by the enemy die without having enjoyed preferential treatment.

2. One-time allowance for relatives equivalent to three months of the current monthly allowance when persons engaged in revolutionary activities, anti-war activities, defending the country, and performing international obligations captured by the enemy receiving monthly allowances die.

3. Funeral allowance for the person or organization carrying out funeral arrangements when persons engaged in revolutionary activities, anti-war activities, defending the country, and performing international obligations captured by the enemy receiving monthly allowances die.

Section 10

PERSONS ENGAGED IN ANTI-WAR ACTIVITIES FOR NATIONAL LIBERATION, DEFENDING THE COUNTRY, AND PERFORMING INTERNATIONAL OBLIGATIONS

Article 35. Conditions and criteria for persons engaged in national liberation resistance, defending the country, and fulfilling international duties

Persons engaged in national liberation resistance, defending the country, and fulfilling international duties are those who participated in the resistance and were awarded the National Resistance Order, Victory Order, National Resistance Medal, or Victory Medal by the State.

Article 36. Preferential treatment for persons engaged in national liberation resistance, defending the country, and fulfilling international duties

1. One-time allowance.

2. Health insurance.

3. The preferential treatment regime prescribed in point e and point g, Clause 2, Article 5 of this Ordinance.

Article 37. Preferential treatment for relatives of persons engaged in national liberation resistance, defending the country, and fulfilling international duties

1. One-time allowance for relatives when the person engaged in national liberation resistance, defending the country, and fulfilling international duties dies without having enjoyed preferential treatment.

2. Funeral allowance for individuals or organizations carrying out funeral arrangements when the person engaged in national liberation resistance, defending the country, and fulfilling international duties dies.

Section 11

PERSONS WITH MERIT IN ASSISTING THE REVOLUTION

Article 38. Conditions and criteria for persons who have contributed to the revolution

Persons who have contributed to the revolution are those who have achieved merits in assisting the revolution during difficult and dangerous times and have been recognized by the State with awards in one of the following cases:

1. Individuals or members of their families who have been awarded the "Nation Commemorative Medal" or the "Meritorious to the Country Certificate" before August 1945;

2. Individuals or members of their families who have been awarded the National Resistance Order;

3. Individuals or members of their families who have been awarded the National Resistance Medal.

Article 39. Preferential treatment for persons who have contributed to the revolution

1. The preferential treatment regime for persons who have contributed to the revolution as stipulated in Clause 1, Article 38 of this Ordinance includes:

a) Monthly allowance; if living alone, they also receive additional monthly care allowance;

b) Health insurance;

c) Annual health recuperation;

d) The preferential treatment regime prescribed in points c, d, đ, e, g, h, i, and k, Clause 2, Article 5 of this Ordinance.

2. The preferential treatment regime for persons who have contributed to the revolution as stipulated in Clause 2, Article 38 of this Ordinance includes:

a) Monthly allowance; if living alone, they also receive additional monthly care allowance;

b) Health insurance;

c) Biennial health recuperation;

d) The preferential treatment regime prescribed in point e and point g, Clause 2, Article 5 of this Ordinance.

3. The preferential treatment regime for persons who have contributed to the revolution as stipulated in Clause 3, Article 38 of this Ordinance includes:

a) One-time allowance;

b) Health insurance;

c) The preferential treatment regime prescribed in point e and point g, Clause 2, Article 5 of this Ordinance.

4. Persons recognized and enjoying preferential treatment for persons who have contributed to the revolution as stipulated in point a, b, or l, Clause 1, Article 3 of this Ordinance shall not enjoy the preferential treatment prescribed in this Article.

Article 40. Preferential treatment for relatives of persons who have contributed to the revolution

1. One-time allowance for relatives when the person who has contributed to the revolution dies without having enjoyed preferential treatment.

2. One-time allowance for relatives at the rate of three months' current monthly allowance when the object specified in Clause 1 and Clause 2, Article 38 of this Ordinance dies while receiving monthly allowance.

3. Funeral allowance for individuals or organizations carrying out funeral arrangements when the person who has contributed to the revolution dies.

Chapter III MONUMENTS TO HONOR VICTIMS OF WAR AND WAR MEMORIALS

Article 41. Commemorative Works for Martyrs

1. Commemorative works for martyrs are historical and cultural works to honor and express gratitude to martyrs and educate revolutionary traditions.

2. Commemorative works for martyrs shall be constructed in accordance with planning, customs, and traditions of each locality, ensuring solemnity, aesthetics, and durability.

3. Commemorative works for martyrs include:

a) Martyrs' cemetery;

b) Martyrs' memorial;

c) Martyrs' shrine;

d) House of steles bearing the names of martyrs.

Article 42. Martyrs' Graves

1. A martyrs' grave is the place where the remains or ashes of martyrs are interred.

2. Martyrs' graves within the same martyrs' cemetery shall be built uniformly in size and specifications.

3. The content on the gravestones of martyrs shall be recorded uniformly according to the regulations of the Minister of Labor, Invalids, and Social Affairs.

4. Martyrs' graves containing complete burial information at the martyrs' cemetery may be relocated according to the wishes of relatives or those who worship martyrs.

Article 43. Management of Commemorative Works for Martyrs and Martyrs' Graves

1. Commemorative works for martyrs shall be managed, repaired, maintained, and regularly cared for.

2. The State encourages organizations and individuals to participate in caring for and preserving commemorative works for martyrs and martyrs' graves.

3. Martyrs' graves shall be documented and managed by the management authority.

Chapter IV SOURCES OF RESOURCES FOR IMPLEMENTATION

Article 44. Sources of Resources for Implementing Preferential Policies and Benefits for Persons Contributing to the Revolution and Their Dependents

1. The state budget ensures the implementation of preferential policies and benefits for persons contributing to the revolution and their dependents as stipulated in this Ordinance.

2. Financial contributions, donations, gifts, support, and contributions from domestic and foreign organizations and individuals.

3. Other lawful sources of resources.

Article 45. State Budget Resources

1. The central budget ensures the following expenditure tasks:

a) Monthly and annual allowances, one-time allowances;

b) Preferential benefits regarding health insurance; recuperation and health recovery; assistance with necessary assistive devices, orthopedic equipment, functional restoration equipment; medical examination costs; educational support at educational institutions under the national education system up to university level;

c) Searching for, collecting, identifying the remains of martyrs;

d) Supporting investment in construction, renovation, repair, and upgrading of commemorative works for martyrs and martyrs' graves;

đ) Supporting visits to martyrs' graves, relocation of martyrs' remains;

e) Management costs to ensure the implementation of preferential policies and benefits for persons contributing to the revolution and their dependents as prescribed by the Government, appropriate to each period;

g) Investment in construction and support for activities of social welfare facilities for nurturing, recuperation, and reception centers for persons contributing to the revolution and their dependents managed by the labor, invalids, and social affairs sector;

h) Expenditure on other preferential benefits and support as prescribed by the Government and decisions of the Prime Minister.

2. The local budget ensures the following expenditure tasks:

a) Organizing funeral ceremonies and burials of martyrs' remains;

b) Expenditure on organizing award or posthumous award ceremonies for the title "Heroic Mother Vietnam," and funeral ceremonies for Heroic Mothers of Vietnam;

c) Investment in construction, renovation, repair, upgrading, and management of commemorative works for martyrs and martyrs' graves;

d) Regular expenditure of social welfare facilities for nurturing and recuperation, and reception centers for persons contributing to the revolution under local management as prescribed by law;

đ) Expenditure on condolences and encouragement for persons contributing to the revolution and their families during festivals and holidays;

g) Ensuring funding for the implementation of preferential policies and benefits for persons contributing to the revolution and their dependents as issued by the locality.

Article 46. Mobilizing Social Resources

1. The State shall have policies to promote the mobilization of non-budgetary resources to participate in implementing preferential policies and benefits for persons who have rendered meritorious services to the revolution and their dependents; repairing and restoring memorials for martyrs and graves of martyrs; supporting improvements in housing, construction, renovation, repair, and upgrading of social care facilities for persons who have rendered meritorious services to the revolution.

2. Organizations and individuals contributing resources as prescribed in Clause 1 of this Article without profit-making purposes shall enjoy preferential policies as stipulated by law.

Article 47. Gratitude Repayment Fund

1. The Gratitude Repayment Fund shall be established at the central, provincial, district, and commune levels through contributions based on responsibility and sentiment from organizations and individuals.

2. The Vietnam Fatherland Front takes the lead in mobilizing the establishment of the Gratitude Fund.

3. The Government stipulates the management and utilization regime of the Gratitude Fund.

Chapter V STATE MANAGEMENT OF PREFERENTIAL TREATMENT FOR PERSONS WHO HAVE RENDERED MERITORIOUS SERVICES TO THE REVOLUTION

Article 48. Responsibilities of the Government

The Government shall uniformly manage state affairs concerning preferential treatment for persons who have rendered meritorious services to the revolution and implement the following contents:

1. Prescribing authority, procedures, and documentation for recognizing and resolving preferential treatment policies for persons who have rendered meritorious services to the revolution and their dependents; prescribing authority, procedures, and documentation for recognizing and resolving preferential treatment policies for persons who have rendered meritorious services to the revolution in cases that remain unresolved;

2. Prescribing the level of benefit and implementation of allowances, subsidies, and preferential treatment policies for persons who have rendered meritorious services to the revolution and their dependents; policies and systems for personnel working at social care facilities, reception centers for persons who have rendered meritorious services to the revolution; investing in memorials for martyrs, graves of martyrs, social care facilities, reception centers for persons who have rendered meritorious services to the revolution from the state budget; managing memorials for martyrs, graves of martyrs;

3. Prescribing support systems for improving housing conditions for persons who have rendered meritorious services to the revolution and their dependents in accordance with the country's economic and social conditions;

4. Prescribing preferential treatment policies for land users who are persons who have rendered meritorious services to the revolution; land reserved for memorials for martyrs, production and business establishments of war invalids, persons treated like war invalids, disabled veterans, social care facilities, rehabilitation centers, and functional recovery centers for war invalids, disabled veterans, and other persons who have rendered meritorious services to the revolution; supporting material infrastructure for production and business establishments reserved for war invalids, persons treated like war invalids, disabled veterans;

5. Prescribing preferential treatment policies for persons who have rendered meritorious services to the revolution and their dependents in agricultural, forestry, fishery, and salt production activities through forms such as priority assistance with seeds, livestock, crops, irrigation fees, processing of agricultural and forest products, application of science and technology in production;

6. Prescribing functions, tasks, organizational structure, and policies and systems for social care facilities for persons who have rendered meritorious services to the revolution and sections managing martyrs' cemeteries;

7. Prescribing work on searching for, collecting remains of martyrs, and identifying the identities of remains of martyrs lacking information;

8. Prescribing the implementation of preferential treatment policies for foreigners who have rendered meritorious services to the revolution;

9. Developing plans for administrative reform, application of information technology, and databases in implementing preferential policies and systems for persons who have rendered meritorious services to the revolution and their dependents;

10. Prescribing medical examination procedures for considering recognition and resolution of preferential treatment policies for persons who have rendered meritorious services to the revolution and their dependents.

Article 49. Responsibilities of the Ministry of Labor, Invalids and Social Affairs

The Ministry of Labor, Invalids and Social Affairs shall be responsible before the Government for state management of preferential policies for persons who have rendered meritorious service to the revolution and their dependents, and shall carry out the following tasks:

1. Drafting and submitting to competent authorities for issuance, or issuing within its authority, normative legal documents, strategies, plans, programs, and projects on preferential policies for persons who have rendered meritorious service to the revolution and their dependents;

2. Organizing the planning of social care facilities for the maintenance and rehabilitation of persons who have rendered meritorious service to the revolution in accordance with the provisions of the law; managing the system of social care facilities for the maintenance and rehabilitation of persons who have rendered meritorious service to the revolution;

3. Coordinating with relevant agencies in developing proposals for determining memorials for martyrs in related master plans;

4. Directing and guiding the reception of remains of martyrs, identification of the identity of remains of martyrs lacking information, and information about martyrs' graves;

5. Taking the lead and coordinating with ministries, sectors, localities, political-social organizations in organizing movements to "repay kindness"; promoting, mobilizing, summarizing, evaluating, and disseminating exemplary models and commendation work in the field of persons who have rendered meritorious service to the revolution;

6. Promoting, disseminating, monitoring the implementation of laws; inspecting, supervising, handling complaints and denunciations regarding the implementation of laws concerning persons who have rendered meritorious service to the revolution, and handling according to regulations on responsibilities and authorities assigned;

7. Guiding the implementation of management, payment of allowances and monthly preferential subsidies, one-time preferential allowances, maintenance, and rehabilitation of persons who have rendered meritorious service to the revolution and their dependents;

8. Implementing international cooperation on persons who have rendered meritorious service to the revolution.

Article 50. Responsibilities of Ministries and Sectors

1. The Ministry of National Defense shall have the following responsibilities:

a) Issuing within its authority or submitting to competent authorities for issuance and organizing the implementation of preferential policies and benefits for persons who have rendered meritorious service to the revolution and their dependents under its direct management;

b) Directing verification and provision of information on objects under its management who are sick, injured, or deceased; legal status of documents and files; confirmation of time and area of activity; decoding unit symbols and designations;

c) Leading the search and collection of remains of martyrs both domestically and abroad; coordinating with the Ministry of Labor, Invalids and Social Affairs to identify the identity of remains of martyrs lacking information.

2. The Ministry of Public Security shall have the following responsibilities:

a) Issuing within its authority or submitting to competent authorities for issuance and organizing the implementation of preferential policies and benefits for persons who have rendered meritorious service to the revolution and their dependents under its direct management;

b) Directing the search and verification of information related to the recognition of persons who have rendered meritorious service to the revolution at the request of relevant agencies.

3. The Ministry of Finance shall have the following responsibilities:

a) Summarizing and submitting to competent authorities to ensure the central budget for implementing preferential policies and benefits for persons who have rendered meritorious service to the revolution and their dependents; inspecting and supervising the use of state budget for implementing preferential policies and benefits for persons who have rendered meritorious service to the revolution and their dependents; guiding the management and use of regular expenditure funds for implementing preferential policies and benefits for persons who have rendered meritorious service to the revolution and their dependents;

b) Inspecting and supervising the collection and expenditure of the Repaying Kindness Fund in accordance with the provisions of the law.

4. The Ministry of Health shall have the following responsibilities:

a) Issuing within its authority or submitting to competent authorities for issuance policies on health care and protection, and implementation of medical insurance policies for persons who have rendered meritorious service to the revolution and their dependents;

b) Guiding the implementation of medical examinations to consider recognition and resolution of preferential policies and benefits for persons who have rendered meritorious service to the revolution and their dependents.

5. The Ministry of Construction shall have the responsibility to submit to competent authorities for issuance policies and benefits to improve housing conditions for persons who have rendered meritorious service to the revolution and their dependents in accordance with the country's economic and social conditions.

6. The Ministry of Natural Resources and Environment shall have the responsibility to submit to competent authorities for issuance policies and benefits for land users who are persons who have rendered meritorious service to the revolution and their dependents; land reserved for memorials for martyrs, production and business establishments exclusively for war invalids, persons receiving benefits equivalent to war invalids, medical invalids, and other persons who have rendered meritorious service to the revolution; social care facilities for maintenance, rehabilitation, and functional recovery for war invalids, medical invalids, and other persons who have rendered meritorious service to the revolution.

7. The Ministry of Agriculture and Rural Development shall have the responsibility to submit to competent authorities for issuance policies and benefits for persons who have rendered meritorious service to the revolution and their dependents in agricultural, forestry, fishery, salt industry production and business through preferential assistance in the form of priority support in seeds, livestock, crops, irrigation fees, processing of agricultural and forest products, application of science and technology in production.

8. The Ministry of Education and Training shall have the responsibility to issue within its authority or submit to competent authorities for issuance policies and benefits for persons who have rendered meritorious service to the revolution and their dependents studying at educational institutions under the national education system.

9. The Ministry of Home Affairs shall have the responsibility to stipulate procedures and documents for awarding Commemorative Medals to those engaged in revolutionary activities, anti-war resistance, national defense, and international duties who were captured and imprisoned by the enemy.

10. The Ministry of Planning and Investment shall have the responsibility to coordinate with the Ministry of Labor, Invalids and Social Affairs in drafting the planning of social care facilities for the maintenance and rehabilitation of persons who have rendered meritorious service to the revolution and submitting to the Prime Minister for approval in accordance with the law on planning.

11. The Ministry of Information and Communications shall have the responsibility to promote, disseminate, and educate on preferential policies for persons who have rendered meritorious service to the revolution.

12. Relevant ministries and agencies shall be responsible for state management of preferential policies for those who have contributed to the revolution within their respective duties and authorities.

Article 51. Responsibilities of People's Committees at all levels

1. The provincial People's Committee shall be responsible for the following:

a) Issuing policies and preferential regimes for those who have contributed to the revolution and their dependents within its authority or submitting them to competent authorities for issuance;

b) Implementing policies and preferential regimes for those who have contributed to the revolution and their dependents within its jurisdiction;

c) Strengthening propaganda, inspection, and supervision of the implementation of preferential policies and regimes for those who have contributed to the revolution and their dependents, and strictly handling violations in the implementation of laws, policies, and preferential regimes for those who have contributed to the revolution;

d) Issuing regulations on the management of memorials and graves of martyrs within its jurisdiction;

đ) Allocating local budget funds to implement the tasks specified in Article 45 of this Ordinance according to the delegation and authorization of the Government and the provisions of the State Budget Law;

e) Promoting the "Repaying Gratitude" movement, mobilizing social resources to care for and assist those who have contributed to the revolution and their families;

g) Proposing to the Provincial People's Council to decide on policies outside those stipulated in Clause 1 of Article 45 of this Ordinance based on specific conditions of the locality.

2. The district People's Committee shall be responsible for the following:

a) Promoting the "Repaying Gratitude" movement, mobilizing social resources to assist the families of those who have contributed to the revolution;

b) Strengthening propaganda, inspection, and supervision of the implementation of preferential policies and regimes for those who have contributed to the revolution and their dependents, and strictly handling violations in the implementation of laws, policies, and preferential regimes for those who have contributed to the revolution and their dependents;

c) Managing memorials and graves of martyrs under the district's jurisdiction.

3. The commune People's Committee shall be responsible for the following:

a) Implementing or inspecting the payment of preferential regimes for those who have contributed to the revolution and their dependents;

b) Strengthening propaganda, inspection, and supervision of the implementation of preferential policies and regimes for those who have contributed to the revolution and their dependents, and strictly handling violations in the implementation of laws, policies, and preferential regimes for those who have contributed to the revolution and their dependents within the assigned authority;

c) Managing memorials and graves of martyrs under the commune's jurisdiction.

Article 52. Participation in implementing preferential policies for those who have contributed to the revolution by agencies, organizations, and individuals

1. The Vietnam Fatherland Front and its member organizations, economic organizations, social organizations, people's armed units, and individuals shall be responsible for mobilizing, caring for, and assisting those who have contributed to the revolution and their dependents through practical forms and contents.

2. The Vietnam Fatherland Front and its member organizations shall monitor the implementation, provide feedback, and make recommendations to competent state agencies in accordance with the Law on the Vietnam Fatherland Front and other relevant laws.

Chapter VI SUSPENSION, TERMINATION OF ENJOYMENT OF PREFERENTIAL REGIMES FOR THOSE WHO HAVE CONTRIBUTED TO THE REVOLUTION, AND HANDLING OF VIOLATIONS

Article 53. Cases Not to Consider Recognition as a Person with Meritorious Service for the Revolution

1. The following cases shall not consider recognition as a person with meritorious service for the revolution:

a) Participating in activities aimed at overthrowing the regime, the Party, and the State; desertion, betrayal, surrender; serving a fixed-term imprisonment sentence without probation, life imprisonment, or death penalty; or being convicted of a crime endangering national security; having military rank or police title revoked;

b) Death, injury, or illness caused by one's own actions; violation of laws or regulations of agencies or units; accidents not caused by criminal acts.

2. Individuals who were expelled from the Party shall not be recognized as persons who engaged in revolutionary activities before January 1, 1945, or from January 1, 1945, to August 1945 uprising day.

Article 54. Suspension and Termination of Preferential Treatment for Persons with Meritorious Service for the Revolution and Their Dependents

Persons with meritorious service for the revolution and their dependents receiving preferential treatment shall have such treatment suspended or terminated according to the following provisions:

1. Those who commit crimes not involving national security offenses and are sentenced to fixed-term imprisonment shall have their preferential treatment suspended during the period of serving the prison sentence;

2. Those who leave the country illegally or go missing shall have their preferential treatment suspended during the period of illegal departure or disappearance;

3. Persons with meritorious service for the revolution who participate in activities aimed at overthrowing the regime, the Party, and the State; desertion, betrayal, surrender shall have their preferential treatment terminated;

4. Those who commit crimes involving national security offenses or other crimes and are sentenced to life imprisonment or death shall have their preferential treatment terminated from the date the court’s judgment becomes legally effective;

5. Individuals who were expelled from the Party after engaging in revolutionary activities before January 1, 1945, or from January 1, 1945, to August 1945 uprising day shall have their preferential treatment terminated from the date of expulsion;

6. If a person with meritorious service for the revolution has their preferential treatment suspended under Clause 1 of this Article due to intentional criminal acts, their dependents shall also have their preferential treatment suspended.

If a person with meritorious service for the revolution has their preferential treatment terminated under Clauses 3, 4, and 5 of this Article, their dependents shall also have their preferential treatment terminated.

Article 55. Handling Violations

1. Individuals who forge documents to obtain recognition as a person with meritorious service for the revolution and to enjoy preferential treatment for persons with meritorious service for the revolution shall have their recognition decision revoked, their preferential treatment terminated, and must repay the amount received.

2. Individuals who falsely declare information on documents to receive additional preferential treatment for persons with meritorious service for the revolution shall have their additional preferential treatment terminated and must repay the amount received due to false declaration.

3. Individuals who certify false information or forge documents for others to obtain recognition as a person with meritorious service for the revolution; individuals who abuse their positions, powers, or lack of responsibility causing damage to state interests or rights of persons with meritorious service for the revolution shall be required to compensate according to the law.

4. Individuals who violate regulations on managing and using funds to implement preferential policies and treatments for persons with meritorious service for the revolution and their dependents; those who take advantage of preferential policies and treatments for persons with meritorious service for the revolution and their dependents for personal gain shall be dealt with according to the law based on the nature and severity of the violation.

Chapter VII IMPLEMENTING PROVISIONS

Article 56. Repeal Article 4 of Ordinance No. 01/2018/UBTVQH14

Repeal Article 4 of Ordinance No. 01/2018/UBTVQH14 on amending and supplementing certain articles of four related ordinances concerning planning.

Article 57. Effectiveness

1. This Ordinance takes effect from July 1, 2021.

2. Ordinance No. 26/2005/PL-UBTVQH11 and Ordinance No. 04/2012/PL-UBTVQH13 shall cease to be effective from the date this Ordinance takes effect.

Article 58. Transitional Provisions

As of the date this Ordinance takes effect:

1. Persons who died, were injured, or became ill before July 1, 2021, if they do not meet the conditions and criteria for recognition as persons with meritorious service to the revolution as stipulated in this Ordinance, shall be subject to the conditions and criteria as prescribed in Ordinance No. 26/2005/PL-UBTVQH11 amended and supplemented by certain articles according to Ordinance No. 04/2012/PL-UBTVQH13;

2. In cases where a person with meritorious service to the revolution, being a war invalid, a person receiving benefits equivalent to those of a war invalid, or a veteran suffering from chemical warfare agent poisoning, has a disability rate of 61% or higher and dies before July 1, 2021, their spouse aged 55 years or older or husband aged 60 years or older at the time of death shall be entitled to receive a pension; in cases where the spouse is under 55 years old or the husband is under 60 years old at the time of death, the pension shall be implemented in accordance with the regulations of the Government./.

TM. STANDING COMMITTEE OF THE NATIONAL ASSEMBLY
CHAIRMAN

(signed)


Nguyễn Thị Kim Ngân