Circular No. 03/2020/TT-BLDTBXH guiding the implementation of policies for Veterans as stipulated in Decree No. 157/2016/NĐ-CP dated November 24, 2016 of the Government amending and supplementing Decree No. 150/2006/NĐ-CP dated December 12, 2006 detailing and guiding the implementation of certain provisions of the Ordinance on Veterans.

CIRCULAR

Guidelines for Implementing Benefits and Policies for Veterans

Pursuant to Decree No. 157/2016/ND-CP dated November 24, 2016 of the Government amending and supplementing Decree No. 150/2006/ND-CP dated December 12, 2006 detailing and guiding the implementation of certain provisions of the Ordinance on Veterans;

2016 of the Government amending and supplementing Decree No. 150/2006/NĐ-CP

dated December 12, 2006 detailing and guiding

the implementation of certain provisions of the Veterans Ordinance

________________________

Pursuant to Decree No. 157/2016/ND-CP dated November 24, 2016 of the Government amending and supplementing Decree No. 150/2006/ND-CP dated December 12, 2006 detailing and guiding the implementation of certain provisions of the Ordinance on Veterans;

Pursuant to Decree No. 14/2017/NĐ-CP dated February 17, 2017, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;

After reaching consensus with the Central Organization Committee, the Ministry of Interior, the Ministry of Health, the Ministry of National Defense, the Ministry of Finance, and the Vietnam Veterans Association Central Committee;

At the proposal of the Director of the Department of Persons with Meritorious Services;

The Ministry of Labor, Invalids and Social Affairs issues this Circular guiding the implementation of benefits and policies for Veterans as stipulated in Decree No. 157/2016/ND-CP dated November 24, 2016 of the Government amending and supplementing Decree No. 150/2006/ND-CP dated December 12, 2006 detailing and guiding the implementation of certain provisions of the Ordinance on Veterans.

Article 1. Scope of Regulation

This Circular guides the implementation of benefits and policies for Veterans as stipulated in Decree No. 157/2016/ND-CP dated November 24, 2016 of the Government amending and supplementing Decree No. 150/2006/ND-CP dated December 12, 2006 detailing and guiding the implementation of certain provisions of the Ordinance on Veterans regarding health insurance benefits, funeral expenses, and allowances upon ceasing to work for the Veterans' Association (hereinafter referred to as Decree No. 157/2016/ND-CP).

Article 2. Health Insurance Benefits for Veterans as stipulated in Clause 2, Article 1 of Decree No. 157/2016/ND-CP

1. Health insurance benefits for Veterans shall be implemented in accordance with Decree No. 146/2018/ND-CP dated October 17, 2018 of the Government detailing and guiding the implementation of certain provisions of the Law on Health Insurance.

2. Procedures for determining, managing, and issuing health insurance cards for Veterans shall be carried out in accordance with Circular No. 30/2019/TT-LDTBXH dated December 26, 2019 of the Ministry of Labor, Invalids and Social Affairs guiding the establishment of lists of individuals participating in health insurance managed by the Ministry of Labor, Invalids and Social Affairs.

Article 3. Funeral Expenses for Veterans as stipulated in Clause 2, Article 1 of Decree No. 157/2016/ND-CP

1. When a Veteran passes away and does not fall under the category entitled to funeral expenses as prescribed by the Ordinance on Preferential Treatment for Persons with Meritorious Services to the Revolution and the Law on Social Insurance, the person organizing the funeral shall be entitled to funeral expenses equivalent to the current funeral allowance stipulated by the law on social insurance.

2. The procedures for applying for funeral expenses for deceased Veterans shall be similar to those for persons with meritorious services to the revolution as prescribed in Article 39 of Circular No. 05/2013/TT-LDTBXH dated May 15, 2013 of the Ministry of Labor, Invalids and Social Affairs guiding the procedures for establishing application files and managing files implementing preferential treatment for persons with meritorious services to the revolution and their dependents.

Article 4. Allowances Upon Ceasing Work for the Veterans' Association as stipulated in Clause 5, Article 1 of Decree No. 157/2016/ND-CP

1. Eligible recipients of allowances upon ceasing work for the Veterans' Association include:

Veterans receiving monthly pensions, social insurance benefits, or preferential allowances for meritorious services to the revolution who cease working for the Veterans' Association shall be entitled to allowances upon ceasing work for the Veterans' Association, including the following categories:

a) Veterans elected, appointed, or recruited to work at the Veterans' Association from the central level down to the district level;

b) Veterans serving as Chairpersons of the Veterans' Association at the commune level;

c) Veterans serving as Vice-Chairpersons of the Veterans' Association at the commune level;

2. Calculation of Allowances Upon Ceasing Work for the Veterans' Association:

a) For the subjects specified in Point a and b, Clause 1, Article 4 of this Circular:

For each year of service in the Veterans' Association, they shall receive an allowance equal to half (1/2) of the current salary. The current salary is the last month's salary at the Veterans' Association where they are currently employed (excluding party, political, and administrative allowances), which includes the basic salary, plus leadership position allowance (if applicable), plus 5% of the reappointment salary according to Guideline No. 05-HD/BTCTW dated July 1, 2011 of the Central Organization Committee (if applicable). The calculation is as follows:

b) For Vice-Chairpersons of the Veterans' Association at the commune level:

For each year of service in the Veterans' Association, they shall receive an allowance equal to half (1/2) of the current allowance. The calculation is as follows:

c) The total number of years of service for calculating the one-time allowance is the cumulative time from when the decision to join the Veterans' Association was made (by election, appointment, or recruitment) until the decision to cease work for the Veterans' Association is issued by the competent authority. If there are intermittent periods of service, they will be added together; if there are months less than six, they will be counted as half a year.

3. Authority to Issue Decisions to Cease Work for the Veterans' Association:

a) Based on written opinions of the competent Party committee (according to the level of authority) regarding the appointment, recruitment, or retirement of Veterans working for the Veterans' Association. The Executive Committee of the Veterans' Association (or its Standing Committee) at the competent level confirms the results of the election, appointment, or recruitment of cadres to work for the Veterans' Association, then the Chairman of the Veterans' Association at that level issues the decision to cease work for the Veterans' Association for the cadre.

b) The Veterans' Association at all levels is responsible for paying the allowances upon ceasing work for the Veterans' Association to cadres under their management when the Veterans have a decision to cease work for the Veterans' Association issued by the competent authority.

Article 5. Sources of funds for implementing policies

1. The funds for implementing the policies stipulated in this Circular shall be guaranteed from the state budget and allocated in the annual state budget estimate of the agencies and units according to the current budget classification.

2. The preparation of estimates, management, utilization, and settlement of accounts for the funds shall be carried out in accordance with the current provisions of the State Budget Law, the Accounting Law, and other guiding documents.

Article 6. Effectiveness

1. This Circular takes effect from April 1, 2020.

2. The provisions at Points 1, 2, 5, and 6 of Section II of the Joint Circular No. 10/2007/TTLT-BLDTBXH-HCCHVN-BTC-BQP dated July 25, 2007, issued by the Ministry of Labor - War Invalids and Social Affairs, Vietnam Veterans Association, Ministry of Finance, and Ministry of Defense, shall cease to be effective from the date this Circular takes effect.

3. When the referenced documents in this Circular are amended, supplemented, or replaced by new documents, the content of the references shall also be adjusted and implemented according to the amended, supplemented, or replacing documents.

Article 7. Responsibility for Implementation

1. Ministries, sectors, people's committees at all levels within their respective functions and authorities shall be responsible for organizing the implementation of this Circular.

2. Vietnam Veterans Association shall direct the dissemination and popularization of policies; guide the organization of policy implementation; coordinate inspections and supervision of implementation; cooperate with the Ministry of Labor - War Invalids and Social Affairs to resolve difficulties and issues within their authority.

Any difficulties encountered during the implementation process shall be reported by agencies, units, and localities to the Ministry of Labor - War Invalids and Social Affairs for study and resolution./.