Circular No. 03-TBXH on guiding the implementation of Decision No. 301-CP dated September 20, 1980 of the Council of Ministers supplementing the criteria for recognizing martyrs and war invalids; supplementing policies for new war invalids, disabled veterans, and families of martyrs who were injured or sacrificed from May 1, 1975 onwards.

Decision No. 301-CP supplements certain policies for war invalids, disabled veterans, and families of martyrs after the country was completely liberated. The main contents include adjusting allowances for those who were injured, missing, or died from May 1, 1975 onwards to be consistent with the new situation.

문서 번호03-TBXH
문서 유형Circular
발행 기관Ministry of Home Affairs
서명자Nguyễn Kiện — Thứ trưởng
업데이트21. 06. 2026
분야Uncategorized
발행일17. 01. 1981
발효일01. 02. 1981
효력 만료일18. 04. 1992
상태Expired
✦ 스마트 요약

Decision No. 301-CP supplements certain policies for war invalids, disabled veterans, and families of martyrs after the country was completely liberated. The main contents include adjusting allowances for those who were injured, missing, or died from May 1, 1975 onwards to be consistent with the new situation.

적용 범위

War invalids, disabled veterans, and families of martyrs

핵심 사항

  • Adjusting allowances for those who were injured from May 1, 1975 onwards
  • Allowances for families of those who went missing from May 1, 1975
  • Policies for those who died or went missing during the period after liberation
  • Requesting relevant sectors and localities to disseminate this new policy so that people can understand its significance and content.
  • Departments and bureaus of war invalids and social affairs need to closely coordinate with relevant sectors at the local level to promptly develop plans for implementation.

🌐 이 문서의 사회적 영향

  • Encouraging the spirit of war invalids, disabled veterans, and families of martyrs
  • Assisting families of those who went missing or died during the period after liberation
  • Creating conditions for relevant sectors and localities to implement the policy effectively

❓ 자주 묻는 질문

When was Decision No. 301-CP issued?

Decision No. 301-CP was issued on the date of signature which is not clearly stated in the text, but based on the content, it could have been issued after the country's complete liberation and before 1981.

Who will benefit from this new policy?

War invalids, disabled veterans, and families of martyrs, those who were injured, missing, or died from May 1, 1975 onwards

What should Departments and Bureaus of War Invalids and Social Affairs do to implement this new policy?

Need to closely coordinate with relevant sectors at the local level to promptly develop plans for implementation. For cases of death, injury, or disappearance from May 1, 1975 to the present, efforts should be made to resolve them by the end of 1981.

전문

CIRCULAR

OF THE MINISTRY OF LABOR AND SOCIAL AFFAIRS NO. 3/TBXH
JANUARY 17, 1981 GUIDING THE IMPLEMENTATION OF THE RESOLUTION
NO. 301-CP SEPTEMBER 20, 1980 OF THE COUNCIL OF STATE SUPPLEMENTING
CRITERIA FOR CONFIRMING MARTYRS AND DISABLED VETERANS; SUPPLEMENTING
POLICIES FOR DISABLED VETERANS, SICK VETERANS, AND FAMILIES
OF NEWLY CONFIRMED MARTYRS OR DISABLED VETERANS WHO WERE INJURED OR SACRIFICED FROM
MAY 1, 1975 ONWARDS

On September 20, 1980, the Council of State issued Resolution No. 301-CP supplementing policies for cases of sacrifice or injury from May 1, 1975 onwards, including four issues:

1. Regarding criteria to confirm as martyrs or disabled veterans.

2. Regarding policies for disabled veterans and families of martyrs.

3. Regarding policies for sick veterans.

4. Regarding policies for families of those who are missing.

The Ministry of Labor and Social Affairs explains and guides implementation as follows.

 

I. REGARDING CRITERIA TO CONFIRM AS MARTYRS OR DISABLED VETERANS

To be consistent with the situation and revolutionary tasks in the new period, Article 1 of Resolution No. 301-CP supplements the criteria to confirm as martyrs or disabled veterans for cases of sacrifice or injury from May 1, 1975 onwards as follows:

"Military personnel, workers, civil servants, volunteers, civilian laborers... while performing duties to protect and build the country, or international missions, if they demonstrate a spirit of striving to complete their tasks well, have organizational discipline awareness, and are injured or die (from May 1, 1975 onwards) in the following circumstances shall be considered for confirmation as martyrs, disabled veterans, or entitled to benefits similar to disabled veterans:

- Injured or ill, leading to injury or death while on duty in areas with combat operations, border regions with enemy forces, mountainous, highland, and island regions;

- Illness or accidents leading to injury or death while on international missions in Laos, Cambodia, or other countries;

- Injured or killed due to bravery and voluntary engagement in dangerous work serving production and construction, national defense and security, worthy of emulation by all."

The Ministry provides the following guidance:

Those who died or were injured (from May 1, 1975 onwards) due to illness or accidents while on duty as mentioned in Points 1, 2, and 3 below, to be considered for confirmation as martyrs, disabled veterans, or persons entitled to benefits similar to disabled veterans must be:

- Assigned tasks by military units, state agencies, party committees, or local authorities (hereinafter referred to as being assigned tasks by organizations);

- Always striving to complete tasks well, having organizational and disciplinary awareness, and being trusted by comrades and the people.

1. Performing duties in areas with combat operations, border regions with enemy forces, mountainous, highland, and island regions and sea islands.

- Being considered as performing duties in areas with combat operations refers to cases where individuals assigned tasks operate in regions where battles between our side and the enemy occur. Operations here often result in casualties, are frequently tense and fierce; living conditions are usually scarce and harsh, prone to illness and disease.

- Being considered as performing duties in border regions with enemy forces refers to cases where individuals assigned tasks operate in areas where our side and the enemy are adjacent, opposing each other, and combat may occur at any time. Here, readiness for combat is the top priority; all activities are under wartime conditions because they must constantly counter enemy activities such as provocations, invasions, shelling, espionage, special forces attacks, assassinations, kidnappings, sabotage, etc. Operations here require living under stressful and unusual dangerous conditions; living conditions are usually scarce and harsh, prone to illness and disease. AT - Being considered as performing duties in mountainous, highland, and island regions refers to cases where individuals assigned tasks operate in regions that are difficult to access, living conditions are extremely scarce and harsh (lack of food, nutrition, etc.); weather and climate are severe (hot, cold, rain, storms, unpredictable winds, etc.); there are many factors that can cause illness (many venomous mosquitoes and parasites causing serious diseases, etc.); medical prevention and treatment conditions are very limited (lack of medicine, far from hospitals, etc.); transportation and supply are difficult and delayed (lack of roads, mainly walking, boats, and primitive means of transport, etc.).

Individuals assigned tasks operating in areas with combat operations, border regions with enemy forces, mountainous, highland, and island regions with the aforementioned conditions, who suffer injuries or illnesses, accidents, and due to lack of conditions cannot be treated in time, leading to death, injury, or leaving behind disabilities, shall be considered for confirmation as martyrs, disabled veterans, or persons entitled to benefits similar to disabled veterans.

Not to be considered for confirmation as martyrs, disabled veterans, or persons entitled to benefits similar to disabled veterans in the following cases:

a) Individuals not assigned tasks to operate in the aforementioned regions but remain there or go there on their own initiative and then die or are injured.

b) Individuals lacking willpower, avoiding responsibilities, leaving their combat positions or work posts on their own initiative and then are injured or killed by the enemy or die or are injured due to illness or accidents.

c) Individuals who die or are injured due to illness or accidents while on duty but have seriously violated mass mobilization discipline and ethnic policies, causing negative impacts among the local population.

d) Cases where death or injury due to illness or accidents are not caused by the harsh, severe, and stressful conditions of the environment in which the individual operates.

2. Performing international duties in Laos, Cambodia, or other countries.

Performing international duties referred to here are individuals assigned to perform assistance missions for the revolutionary movements in Laos, Cambodia, or other countries. While performing duties in Laos, Cambodia, or difficult, arduous, and dangerous missions in other countries, if they suffer illness or accidents and then die or are injured, they shall be considered for confirmation as martyrs, disabled veterans, or persons entitled to benefits similar to disabled veterans.

Not to be considered for confirmation as martyrs, disabled veterans, or persons entitled to benefits similar to disabled veterans in the following cases:

a) Individuals who die or are injured due to illness or accidents while performing international duties but have violated international solidarity, violated discipline, lacked the qualities of a revolutionary, causing negative impacts on friends, the local population, and comrades in the host country.

a) A person who dies or is injured due to illness or accidents while on international missions but has violated international solidarity, breached discipline, lacked the qualities of a revolutionary, causing adverse effects on allies, the people of the host country, and comrades.

b) Persons traveling abroad for purposes other than assisting the revolutionary cause of Laos, Cambodia, or other countries mentioned, and those studying, working, touring, recuperating, receiving medical treatment, or visiting for friendly relations abroad who do not fall under the scope of benefits as stipulated in Decision No. 301-CP.

3. Courageously and voluntarily undertake dangerous tasks to serve production and construction, national defense, and security, worthy to be role models for others to emulate.

In the tasks of production and construction, there are certain jobs that require courage and voluntary sacrifice such as conducting surveys, explorations, scientific experiments with many random elements of danger; or sometimes encountering critical situations causing potential disruptions or destruction of production, affecting the economy and people's lives, requiring selfless courage to prevent adverse effects from occurring.

In the tasks of national defense and security against enemy sabotage plots, negative phenomena in society, many cases require courageous sacrifice to complete the mission (such as suppressing riots, preventing illegal border crossings, apprehending hoodlums, illegal traders, etc.).

Before these dangerous tasks, those who courageously and voluntarily sacrificed themselves for their duties, serving as exemplary role models for others to learn from, and who died or were injured while performing these dangerous tasks shall be considered for recognition as martyrs, wounded veterans, or persons entitled to benefits similar to wounded veterans.

Those who perform dangerous tasks under conditions where sufficient time and labor safety equipment are available but suffer fatal accidents or injuries due to lack of organization, non-compliance with labor protection rules and production procedures, setting a bad example of carelessness regarding labor discipline, shall not be recognized as martyrs, wounded veterans, or persons entitled to benefits similar to wounded veterans.

 

II. POLICIES TOWARDS WOUNDED VETERANS, PERSONS ENTITLED TO BENEFITS SIMILAR TO WOUNDED VETERANS AND THE FAMILIES OF MARTYRS
WOUNDED VETERANS, PERSONS ENTITLED TO BENEFITS SIMILAR TO WOUNDED VETERANS
AND THE FAMILIES OF MARTYRS

1. Article 2 of the Decision: "Village cadres not holding key positions and citizens not in the reserve militia force, if wounded and entitled to benefits similar to wounded veterans or if they sacrifice their lives and are recognized as martyrs, shall also enjoy preferential treatment like militia and self-defense forces wounded or killed in combat."

The following clarifications are provided:

a) Benefits received:

- Village cadres not holding key positions or citizens not in the reserve militia force, if wounded on or after May 1, 1975 in the specified circumstances and entitled to benefits similar to wounded veterans, shall receive disability allowances and other preferential treatments as non-state employees wounded in combat according to previous regulations (i.e., entitled to benefits similar to wounded veterans), and are referred to as village cadres (or citizens) wounded and entitled to benefits similar to wounded veterans.

- If sacrificing their lives on or after May 1, 1975 and recognized as martyrs, the primary dependents of such individuals shall receive policies and benefits as the primary dependents of martyrs who are militia and self-defense forces, not state employees.

b) Handling of cases wounded or sacrificed between May 1, 1975 and before the issuance of Decision No. 301-CP dated September 20, 1980:

- Those wounded and ranked as disabled and already received a one-time allowance shall now be recognized as village cadres (or citizens) wounded and entitled to benefits similar to wounded veterans, and shall receive monthly disability allowances from September 20, 1980 onwards, without having to return the previously received one-time allowance.

- Those who sacrificed their lives and were recognized as martyrs, with families receiving a one-time pension, if the dependents meet the criteria for monthly pensions, shall receive monthly pensions from September 20, 1980 onwards, without having to return the previously received one-time pension but will not receive the initial allowance of 90 units as stipulated in Article 4 of Decision No. 301-CP below.

- Cases of those wounded (discharged to take up work or returned to their hometowns before September 20, 1980) or sacrificed, meeting the criteria, shall now be reviewed and recognized to receive new disability allowances from September 20, 1980 onwards. (The families of martyrs will not receive the initial allowance of 90 units).

2. Article 4 of the Decision: "For martyrs who did not have salaries or living expenses, in addition to the monthly pension as for the families of martyrs who had salaries or living expenses, they also receive an initial allowance of 90 units.

Specifically:

- The martyrs referred to here include village cadres, civilian workers, or citizens; militia and self-defense forces (not state employees) who sacrificed their lives on or after May 1, 1975.

- The monthly pension that the families of these martyrs received under the old regulations was a fixed amount based on the number of dependents. Now, these families will receive an additional 10% because they are martyrs, similar to the families of martyrs with salaries or living expenses, and an initial allowance of 90 units.

- For martyrs who did not have salaries or living expenses, sacrificing their lives between May 1, 1975 and before the issuance of Decision No. 301-CP, if their families only received monthly pensions based on the fixed amount before, they will now receive an additional initial allowance of 90 units and will be adjusted to receive an additional 10% because they are martyrs from September 20, 1980 onwards.

3. Article 3 of the Decision: "Military personnel, workers, and civil servants retired or resigned due to loss of working capacity, and wounded veterans or disabled veterans returning to their hometowns (receiving monthly allowances) who are wounded or sacrifice their lives and are recognized as wounded veterans, persons entitled to benefits similar to wounded veterans, or martyrs, shall receive disability allowances themselves and their families shall receive monthly pension benefits as for active-duty military personnel and civil servants, based on their salary or living expenses before retirement or returning to their hometowns."

Now interpreted specifically as follows:

a) The subjects entitled to benefits under Article 3 of Decision No. 301-CP are those individuals currently receiving monthly retirement allowances, disability allowances, war invalidity allowances, or pensioner allowances, who were killed or injured from May 1, 1975 onwards.

Those individuals who no longer receive monthly allowances due to expiration of their eligibility period, recovery of health, or other reasons that have deprived them of the right to receive such allowances are not included within the scope of this regulation.

b) Benefits Received:

- If injured, upon meeting the criteria, they will be recognized as war invalids; if already recognized as war invalids and subsequently injured, upon meeting the criteria, they will be reclassified and still recognized as war invalids. The disability allowance will be received as follows:

For retirees, those who stopped working due to loss of labor capacity, and war invalids, in addition to monthly retirement allowances, disability allowances, or war invalidity allowances, they will also receive disability allowances at the same level as when they were in service. In cases where they no longer receive disability allowances or war invalidity allowances due to expiration of the eligibility period or recovery of health, they will receive disability allowances at the same level as when they returned home.

For war invalids (who do not fall under the category of receiving retirement benefits, disability allowances, or war invalidity allowances), they will receive disability allowances at the same level as when they returned home.

- If they are recognized as martyrs upon death, their families will receive a one-time or monthly pension allowance depending on the conditions of the main dependents of the martyr. The calculation of these allowances will be based on the salary or living expenses of the individual before leaving their position or returning to their place of residence.

- The basis for calculating disability allowances or pension allowances is the salary or living expenses of the individual prior to leaving their position or returning to their place of residence. The continuous work period for calculating allowances is based on the continuous work period confirmed and recorded in the retirement allowance book, disability allowance book, or in the discharge decision.

c) The above-mentioned subjects, if injured or killed from May 1, 1975 to before the issuance of Decision No. 301-CP, will enjoy new benefits from September 20, 1980 onwards.

4. Article 5 of the decision: "For veterans who have not yet exhausted their monthly rehabilitation allowances and are recognized as martyrs upon death, their families will receive the remaining amount of rehabilitation allowances in one lump sum."

Specifically:

Veterans who left military service from May 1, 1975 onwards and are recognized as martyrs, if they have not yet exhausted their monthly rehabilitation allowances, in addition to the benefits provided to the families of martyrs, their families will also receive the remaining amount of monthly rehabilitation allowances in one lump sum.

In the case where veterans receive monthly rehabilitation allowances until their death, it will be calculated as follows:

- If, up to the date of death, the veteran has not yet received more than half of their total rehabilitation allowance compared to their total military service time, then half of their total military service time minus the time they have already received rehabilitation allowances will be calculated to determine the remaining rehabilitation allowance amount to be paid in one lump sum to their family.

- If, up to the date of death, the veteran has already received more than half of their total rehabilitation allowance compared to their total military service time, then their family will no longer be eligible for this rehabilitation allowance.

5. Article 7 of Decision No. 301-CP replaces the last point 3, part III of Decision No. 185-CP dated September 25, 1969 of the Council of Ministers as follows:

"For the families of martyrs who were receiving salary or living expenses, if the monthly pension allowance is lower than the remaining portion of the salary or living expenses (after deducting the portion for personal living expenses), then the family will continue to receive the remaining portion for one year from the date of the martyr's death, after which they will switch to receiving the pension allowance."

Implementation as follows:

a) This provision applies to the families of martyrs who were receiving salaries or living expenses (martyrs are military personnel, workers, civil servants, or volunteers) who died from May 1, 1975 onwards.

b) The method of calculating the remaining portion of the salary or living expenses of martyrs for comparison with the family's monthly pension allowance:

- For martyrs who were receiving salaries, the remaining portion equals the salary of the martyr minus the portion allocated for personal living expenses while alive. The salary of the martyr includes basic salary and additional allowances (if any). The portion allocated for personal living expenses is uniformly defined for cadres, workers, civil servants, police officers, officers, and professional soldiers as follows:

21 dong for those with a basic salary of 85 dong or less,

27 dong for those with a basic salary ranging from 86 dong to 143 dong,

33 dong for those with a basic salary of 144 dong or more.

- For martyrs who were receiving living expenses, the remaining portion consists of monthly allowances (excluding food and uniform allowances).

- The total monthly pension allowance to be compared with the remaining portion of the salary or living expenses of the martyr is the total amount of monthly pension allowances of the martyr's dependents who meet the conditions for receiving pensions.

c) If the family's monthly pension allowance is lower than the remaining portion of the martyr's salary or living expenses, then the family will receive the remaining portion of the martyr's salary or living expenses for one year, starting from the month following the martyr's death (hereinafter referred to as the retention allowance). When switching to receiving monthly pension allowances, the family of the martyr will still receive the initial pension allowance according to current regulations.

If the family's monthly pension allowance is higher than the remaining portion of the martyr's salary or living expenses, then the family will not receive the retention allowance but will immediately receive the monthly pension allowance.

In the case where the family of the martyr receives a one-time pension allowance, they will also receive the retention allowance for one year.

d) The handling of cases where martyrs died from May 1, 1975 onwards and their families have not yet received the retention allowance:

- If the family receives a one-time pension, the agency or unit will grant the family the remaining portion of the martyr's salary or living expenses for 12 months.

- If the family has been receiving monthly pension benefits but such benefits are lower than the remaining portion of the salary or living expenses of the烈士, the agency or unit shall grant the family the difference for 12 months.

e) The payment of the reserved amount to the families of martyrs shall be handled by the following agencies and units:

- For martyrs who are military personnel or defense workers, it shall be handled by the military (the Ministry of National Defense entrusts the provincial and municipal military command headquarters under the central government to handle this).

- For martyrs who are public security officers, it shall be handled by the public security sector.

- For martyrs who are cadres, workers, or volunteers, it shall be handled by the Department or Bureau of War Invalids and Social Affairs.

Note: In cases where the primary relatives of the martyr reside in multiple locations, only one location shall handle the matter: the wife of the martyr shall be granted first; if the wife of the martyr dies or remarries, then the children of the martyr shall be granted; if the martyr does not have a wife or children, then the parents of the martyr shall be granted. In cases where there is no longer a wife and the martyr has multiple children residing in different places or the parents of the martyr reside in two places, only one place shall handle the matter for one person to claim the benefit, based on agreement and unity within the family.

 

III. REGARDING THE POLICY FOR DISABLED VETERANS

 

Article 8 of Decision No. 301-CP replaces the beginning of Article 1 of Decision No. 78-CP dated April 13, 1978 of the Council of Ministers as follows:

"Military personnel (including those enlisted after April 30, 1975) who have completed five consecutive years of service or less than five consecutive years of service, but have worked in difficult and harsh conditions, or have experienced fierce combat, due to illness, after treatment and recuperation, their health still fails to recover, and they must leave the military to return home, and have been determined to have lost more than 41% but less than 59% of their working capacity, or within one year from the date of leaving the military, due to recurrence of old illnesses, upon re-examination, their health has been determined to have lost more than 41% but less than 59% of their working capacity, shall enjoy preferential treatment for disabled veterans."

The examination and resolution of the disabled veteran policy for military personnel enlisted after April 30, 1975 shall still follow the guidelines of the Ministry of War Invalids and Social Affairs in Circular No. 15-TBXH dated August 15, 1978, guiding the implementation of Decision No. 78-CP; now adding the following:

Military personnel enlisted after April 30, 1975 mentioned here also includes those who were re-enlisted from May 1, 1975 onwards, have completed their duties in the military, and returned to their localities. For these re-enlisted personnel, the condition regarding continuous service time to enjoy the disabled veteran benefits shall include both the previous and subsequent periods of service in the military.

 

IV. REGARDING THE POLICY FOR THE FAMILIES OF
PERSONS WHO ARE MISSING

 

On August 2, 1978, the Council of Ministers issued Decision No. 193-CP regarding the policy for those who participated in the resistance against France and the United States in South Vietnam and whose whereabouts are still unknown; the Ministry of War Invalids and Social Affairs provided guidance through Circular No. 19-TBXH dated September 18, 1978.

Now, the Council of Ministers supplements the policy for the families of persons missing from May 1, 1975 onwards at Article 10 of Decision No. 301-CP as follows:

"Military personnel, workers, officials, and citizens performing combat duties, directly serving combat, or international missions who went missing from May 1, 1975 onwards, the managing agency or unit shall be responsible for searching and concluding early. During the search period, the family of the missing person (who is an officer, soldier with salary or living expenses) shall receive monthly assistance equal to the remaining portion of the salary or living expenses after deducting the portion for personal living expenses.

After six months, if there is still no news, the family of the missing person shall enjoy the support system similar to that of the family of a martyr, and no later than two years from the date of disappearance (if there is no evidence of surrender, betrayal, or desertion), the aforementioned military personnel, workers, officials, and citizens shall be recognized as martyrs, and their families shall enjoy all rights of the family of a martyr."

Regarding the content and implementation of the policy for those missing from May 1, 1975 onwards, it shall follow the guidance of the Ministry of War Invalids and Social Affairs in Circular No. 19-TBXH dated September 18, 1978. Now adding some points as follows:

1. The military personnel, workers, officials, and citizens mentioned above who went missing are those assigned to perform combat duties, directly serve combat, or international missions, and went missing from May 1, 1975 onwards.

2. Agencies and units with missing personnel must actively search and conclude early, and shall not allow delays. A two-year period is the maximum limit under the condition that active searches have been conducted without clear information, and if there is no evidence that the missing person surrendered, betrayed, deserted, or died for reasons unworthy of being recognized as a martyr, then the person shall be recognized as a martyr, and their family shall enjoy all rights of the family of a martyr.

3. If the missing person is an officer or soldier with salary or living expenses, during the first six months, starting from the month following the month of disappearance, the agency or unit of the missing person shall continue to pay monthly assistance to the family equal to the remaining portion of the salary or living expenses after deducting the portion for personal living expenses (the calculation of the remaining portion of the salary or living expenses is as stated in point b, section 5, item II of this circular).

After six months, if there is still no news, the family of the missing person shall enjoy the support system similar to that of the family of a martyr, specifically:

- If the family does not meet the conditions to receive monthly pension, the agency or unit of the missing person shall continue to pay the family the remaining portion of the salary or living expenses for an additional six months to make up the twelve-month reserve period, and the war invalids and social affairs agency shall pay the family a one-time pension assistance.

- If the family has a relative meeting the conditions to receive monthly pension and the monthly pension assistance is lower than the remaining portion of the salary or living expenses, the agency or unit of the missing person shall continue to pay the family the remaining portion of the salary or living expenses for an additional six months to make up the twelve-month reserve period, thereafter the war invalids and social affairs agency shall pay monthly pension assistance to the family (including the initial assistance).

In cases where the monthly pension allowance is higher, the family shall immediately receive the monthly pension allowance without enjoying the remaining portion of the salary or living expenses for an additional six months, and at the same time, the difference shall be claimed back within a period of six months during which the family has enjoyed the remaining portion of the salary or living expenses, to be paid by the Veterans and Social Affairs Office.

When a missing person is confirmed as a烈士,则其家庭享受烈士家庭的所有权益。

4. For cases of disappearance from May 1, 1975 to the present, if the family has not yet received benefits according to the above regulations, they shall be handled as follows:

a) If the family has not yet received any allowances, the agency or unit of the missing person shall settle for the family to claim the remaining portion of the salary or living expenses for twelve months, starting from the month following the month of disappearance; from the next month onwards, the Veterans and Social Affairs Office shall settle for the family a one-time pension allowance or a monthly pension allowance (including the initial allowance, if the family meets the conditions for receiving it). In cases where the monthly pension allowance is higher than the remaining portion of the salary or living expenses, the Veterans and Social Affairs Office shall settle for the family to claim the difference for twelve months.

b) If the agency or unit of the missing person continues to pay the remaining portion of the salary or living expenses:

- Not exceeding twelve months (starting from the month following the month of disappearance), continue to pay for twelve months, then subsequently, the Veterans and Social Affairs Office will handle it as stated in point a above.

- Exceeding twelve months, stop payment and transfer to the Veterans and Social Affairs Office to implement the pension allowance system for the families of martyrs. In cases where the monthly pension allowance is higher than the remaining portion of the salary or living expenses, the Veterans and Social Affairs Office shall settle for the family to claim the difference for the entire period during which the family has enjoyed the remaining portion of the salary or living expenses. In cases where the monthly pension allowance is lower than the remaining portion of the salary or living expenses, the family does not have to return the excess amount received beyond the deadline.

5. If the missing person falls under the category of having no salary or living expenses, during the search phase, the family does not enjoy the aforementioned allowances; however, when the missing person is confirmed as a烈士,其家庭享受烈士家庭的所有权益,并且从失踪之日起享受每月抚恤金(如果符合条件)。对于不在重要岗位的村干部和未在民兵自卫队服役的公民,从1975年5月1日至发布第301-CP号决定之日前失踪的,其家庭从1980年9月20日起享受每月抚恤金(如果符合条件),按照该决定第二条的规定。

Through the two previous anti-war campaigns, the State has issued many policies and systems for war invalids, sick veterans, and families of martyrs; localities have actively implemented them and achieved many results, contributing to mobilizing and encouraging the whole people and army to complete all revolutionary tasks.

After the country was completely liberated, the situation and revolutionary tasks changed, and some previous regulations are no longer suitable today. While lacking sufficient conditions to fundamentally improve the entire policy for war invalids and martyrs, the Council of Ministers issued Decision No. 301-CP to supplement some policies and systems to meet the requirements of the new situation and revolutionary tasks.

The Ministry of Veterans and Social Affairs requests relevant departments and People's Committees at all levels to pay attention to this issue, disseminate it to the units under their jurisdiction, localities, all cadres, soldiers, and citizens, war invalids, sick veterans, and families of martyrs, ensuring that everyone understands the significance and content of the supplementary policies; build a spirit of enthusiasm, unity, avoid envy and comparison regarding policies and systems in different periods.

The Departments of Veterans and Social Affairs need to closely coordinate with relevant departments in localities to develop plans for prompt implementation. For cases of death, injury, or disappearance from May 1, 1975 to the present, efforts should be made to resolve them by the end of 1981.

During the implementation process, if there are any issues encountered, it is requested that relevant departments and localities promptly reflect them to the Ministry of Veterans and Social Affairs for research and resolution.

Nguyen Kien

(Signed)

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Circular No. 03-TBXH on guiding the implementation of Decision No. 301-CP dated September 20, 1980 of the Council of Ministers supplementing the criteria for recognizing martyrs and war invalids; supplementing policies for new war invalids, disabled veterans, and families of martyrs who were injured or sacrificed from May 1, 1975 onwards.
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