Joint Circular No. 03/2014/TTLT-BNV-BQP-BLDTBXH guiding the implementation of certain provisions of Decree No. 56/2013/NĐ-CP dated May 22, 2013 of the Government detailing and guiding the implementation of the Ordinance on the State Honorary Title "Mother Heroic Vietnam".

JOINT CIRCULAR

guiding the implementation of certain provisions of Decree No. 56/2013/NĐ-CP

dated May 22, 2013 of the Government detailing

and guiding the implementation of the Ordinance on the Title of National Honor "Heroic Mother Vietnam"

 national honor "Heroic Mother Vietnam"

________________

    Pursuant to Decree No. 56/2013/NĐ-CP dated May 22, 2013 of the Government detailing and guiding the implementation of the Ordinance on the Title of National Honor "Heroic Mother Vietnam"

    Pursuant to Decree No. 58/2014/NĐ-CP dated June 16, 2014 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Interior;

    Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

    Pursuant to Decree No. 106/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor - Invalids and Social Affairs;

    The Minister of Interior, the Minister of National Defense, and the Minister of Labor - Invalids and Social Affairs issue this Joint Circular guiding the implementation of certain provisions of Decree No. 56/2013/NĐ-CP dated May 22, 2013 of the Government detailing and guiding the implementation of the Ordinance on the Title of National Honor "Heroic Mother Vietnam" (hereinafter referred to as Decree No. 56/2013/NĐ-CP of the Government).

Article 1. Scope of Regulation

This Circular details and guides the implementation of Clause 1 Article 2, Article 4, Article 5, and Article 7 of Decree No. 56/2013/NĐ-CP dated May 22, 2013 of the Government detailing and guiding the implementation of the Ordinance on the Title of National Honor "Heroic Mother Vietnam" (hereinafter referred to as Decree No. 56/2013/NĐ-CP of the Government).

Article 2. Some general provisions

1. Mothers who are awarded or posthumously awarded the Title of National Honor "Heroic Mother Vietnam" are those mothers who have made significant contributions and sacrifices for the national liberation cause, national defense, and international duty.

2. Biological children, adopted children, biological mothers, and adoptive mothers must be recognized by law or confirmed by the local authority at the commune level.

3. Conditions related to the mother of a烈士母亲的规定在本联合通知中同时适用于政府第56/2013/NĐ-CP号议定书第二条规定的因公致残率81%以上的伤残军人的母亲条件。

第三条 应授予或追授“越南英雄母亲”称号的对象

应授予或追授“越南英雄母亲”称号的对象按照政府第56/2013/NĐ-CP号议定书第二条和以下规定执行：

1. 情况是烈士既是亲生子女又是养子

如果符合条件和标准，应授予或追授两位母亲“越南英雄母亲”称号。

例如：A女士有两个亲生子女为烈士，其中一个也是B女士的养子；B女士有一个亲生子女为烈士，还有一个养子（A女士的亲生子女）为烈士，则A女士和B女士都应授予或追授“越南英雄母亲”称号。

2. 烈士是某位母亲的儿子，同时也是另一位母亲的丈夫

对于符合条件和标准的母亲，应授予或追授“越南英雄母亲”称号；如果两位母亲都符合条件和标准，则应授予或追授两位母亲“越南英雄母亲”称号。

例如：C女士有两个儿子为烈士，其中一个也是H女士的丈夫；C女士符合授予或追授“越南英雄母亲”称号的条件。H女士的丈夫是烈士（C女士的儿子），且她自己也有一个儿子为烈士，H女士也应授予或追授“越南英雄母亲”称号。

3. 再婚的烈士遗孀或再婚的烈士母亲

a) 对于再婚但仍承担烈士父母赡养责任并抚养烈士子女到成年或因从事革命活动而无法照顾烈士子女或烈士父母的烈士遗孀，这些情况必须由建立档案所在地的基层政权确认。

b) 对于再婚后继续抚养烈士子女（包括前夫和后夫的孩子）的烈士母亲，应授予或追授“越南英雄母亲”称号。

4. 当两位烈士的母亲均已去世，且两位烈士在未达到成年年龄时就去世，继母抚养了两位烈士，并享受了两位烈士的抚恤金，则继母应授予或追授“越南英雄母亲”称号。

5. 母亲有多个孩子但都已去世，烈士被视为唯一的孩子。

只对那些其他孩子都在烈士参加革命之前就已经去世的母亲授予或追授“越南英雄母亲”称号。

Article 4. Application for consideration of awarding or posthumously awarding

The application for consideration of awarding or posthumously awarding the State Honorary Title "Mother Heroic Vietnam" shall be implemented in accordance with the provisions of Article 4 of Decree No. 56/2013/NĐ-CP of the Government and the following regulations:

1. The application for consideration of awarding or posthumously awarding the State Honorary Title "Mother Heroic Vietnam" must include a confirmation document from the Department of Labor, Invalids and Social Affairs regarding martyrs, disabled veterans with a reduction in work capacity of 81% or more, and relatives of martyrs and disabled veterans.

2. In cases where the family of martyrs has already enjoyed benefits and rights but the "National Memorial Certificate" is lost, damaged, or not yet issued.

a) In cases where the "National Memorial Certificate" is lost or damaged, the local Department of Labor, Invalids and Social Affairs shall base on the martyr's file under its management and implement preferential policies to conduct verification, confirmation, and complete the application, then transfer it to the Department of Home Affairs (Provincial Commendation Board) for review.

b) In cases where the "National Memorial Certificate" has not been issued, for mothers proposed for posthumous awarding of the State Honorary Title "Mother Heroic Vietnam", the Department of Labor, Invalids and Social Affairs shall handle the procedures to request issuance of the "National Memorial Certificate" in accordance with the guidance provided in Article 15 of Circular No. 16/2014/TT-BLDTBXH dated July 30, 2014 of the Ministry of Labor, Invalids and Social Affairs before compiling the list for proposal.

For mothers proposed for awarding the State Honorary Title "Mother Heroic Vietnam", the Department of Labor, Invalids and Social Affairs shall base on the martyr's file under its management and implement preferential policies to conduct verification, confirmation, and complete the application, then transfer it to the Department of Home Affairs (Provincial Commendation Board) for review. In cases where there is no file or the file no longer exists, the Department of Labor, Invalids and Social Affairs shall compile a list and transfer it to the People's Committee of the commune where the relative of the martyr resides for public announcement at the commune People's Committee office for a minimum period of 45 days and prepare a record of the public announcement results. If there are no complaints or accusations from the people, the Department of Labor, Invalids and Social Affairs shall confirm and complete the application, then transfer it to the Department of Home Affairs (Provincial Commendation Board) for review. Subsequently, the Department of Labor, Invalids and Social Affairs shall handle the procedures to request issuance of the "National Memorial Certificate" in accordance with the guidance provided in Article 15 of Circular No. 16/2014/TT-BLDTBXH dated July 30, 2014 of the Ministry of Labor, Invalids and Social Affairs to issue the "National Memorial Certificate".

3. In cases where a mother resides in multiple locations but there is no one to establish an application for consideration of awarding or posthumously awarding the State Honorary Title "Mother Heroic Vietnam", the commune authority where the mother has permanent residence registration and receives pension benefits shall establish the application for consideration of awarding or posthumously awarding.

4. In cases where a mother has passed away, the application for posthumous awarding shall be carried out by someone authorized by the family or clan, and if that person does not reside where the mother lived, the application must include a confirmation document from the Department of Labor, Invalids and Social Affairs where the files of martyrs and disabled veterans are managed; a document from the local authority where the mother resided confirming that no application for posthumous awarding has been established and the status of the mother (number of children, remarriage, political attitude, compliance with Party and State policies and laws).

5. For mothers who are posthumously awarded the State Honorary Title "Mother Heroic Vietnam", the one-time monetary reward and commemorative items shall be presented to the husband; if the husband has passed away, they shall be presented to the child or the wife of the烈士或残疾退伍军人经常守孝的烈士；如果母亲没有丈夫和孩子，则根据母亲生前居住地的乡级人民政府的书面建议，将其交给最近的亲属负责祭扫和照料母亲的墓地。

Article 5. Procedures

The procedures for proposing to confer or posthumously confer the State Honorary Title "Heroic Mother Vietnam" shall be implemented in accordance with the provisions of Article 5 of Decree No. 56/2013/ND-CP of the Government and the following regulations:

1. The Chairman of the People's Committee at the commune level receives the dossier; organizes a meeting to review the dossier in accordance with Point a, Clause 2, Article 5 of Decree No. 56/2013/ND-CP of the Government, and submits it to the Chairman of the People's Committee at the district level.

2. The Chairman of the People's Committee at the district level directs the Department of Labor - War Invalids and Social Affairs to receive and complete the dossier in accordance with the regulations, and submit it to the Chairman of the People's Committee at the provincial level.

3. The Chairman of the People's Committee at the provincial level directs the Department of Labor - War Invalids and Social Affairs to receive and complete the dossier, organize the implementation of confirming martyrs and war invalids with a reduction in working capacity of 81% or more, transfer to the Department of Home Affairs (Provincial Commendation and Reward Board) for examination, consolidation, and reporting to the Chairman of the People's Committee at the provincial level, so that the Chairman of the People's Committee at the provincial level can submit to the Prime Minister (through the Central Commendation and Reward Board).

4. The Central Commendation and Reward Board receives and examines the dossier, and submits it to the Prime Minister to propose to the President for consideration and decision on conferring or posthumously conferring the State Honorary Title "Heroic Mother Vietnam".

Article 6. Implementation Organization

1. The Ministry of Home Affairs (Central Commendation and Reward Board):

a) Directs, guides, and urges the proposal to confer or posthumously confer the State Honorary Title "Heroic Mother Vietnam";

b) Receives the dossiers proposed by provinces and centrally governed cities, examines them, and submits them to the Prime Minister;

c) Organizes inspections, investigations, complaints resolution, and handling of violations of laws regarding the State Honorary Title "Heroic Mother Vietnam".

2. The Ministry of Labor, Invalids and Social Affairs:

Directs the Departments of Labor - War Invalids and Social Affairs of provinces and centrally governed cities to complete the dossiers; organize the implementation of confirming martyrs and war invalids with a reduction in working capacity of 81% or more; coordinate with the Departments of Home Affairs (Provincial Commendation and Reward Boards) to submit to the Chairmen of the People's Committees of provinces and centrally governed cities for submission to the Prime Minister.

3. The Ministry of National Defense, the Ministry of Public Security:

Direct the military and police agencies to cooperate in conferring or posthumously conferring the State Honorary Title "Heroic Mother Vietnam".

4. The People's Committees of provinces and centrally governed cities:

Direct the Departments of Labor - War Invalids and Social Affairs, Departments of Home Affairs, and related agencies to implement the proposal to confer or posthumously confer the State Honorary Title "Heroic Mother Vietnam" in accordance with the regulations, ensuring accuracy and timeliness.

Article 7. Effectiveness and Responsibility for Implementation

1. This Circular takes effect from November 25, 2014.

2. The Minister, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairmen of the People's Committees of provinces and centrally governed cities, and relevant agencies within their scope of authority are responsible for organizing and implementing this Joint Circular.

3. The Ministry of Home Affairs (Central Commendation and Reward Board), the Ministry of Labor - War Invalids and Social Affairs, and the Ministry of National Defense are responsible for guiding and inspecting the implementation of this Joint Circular. In the process of implementation, if there are difficulties, they are requested to reflect to the Ministry of Home Affairs (through the Central Commendation and Reward Board) for consolidation and coordination in research, amendment, and supplementation for appropriateness.

In the process of implementation, if there are difficulties, they are requested to reflect to the Ministry of Home Affairs (through the Central Commendation and Reward Board) for consolidation and coordination in research, amendment, and supplementation for appropriateness./.