The Ordinance amending and supplementing certain articles of the Ordinance on Preferential Treatment for Persons with Meritorious Service to the Revolution stipulates preferential treatment regimes for persons engaged in revolutionary activities, martyrs, Mothers of Vietnam's Heroic Sons and Daughters, war invalids, war veterans, and other eligible individuals. These regimes include monthly allowances, health insurance, convalescence for health recovery, housing, education, preferential admission, employment creation, land support, preferential loans, funeral expenses, pension allowances, and other rights. The Ordinance took effect on September 1, 2012.
Đối tượng áp dụng
Persons engaged in revolutionary activities, martyrs, Mothers of Vietnam's Heroic Sons and Daughters, war invalids, war veterans, persons affected by chemical warfare during the resistance war, and their dependents.
Các điểm cốt lõi
- Persons engaged in revolutionary activities before January 1, 1945 are entitled to monthly allowances, health insurance, convalescence for health recovery, and improved housing.
- Martyrs' dependents are entitled to a one-time pension allowance and monthly pension allowances.
- Mothers of Vietnam's Heroic Sons and Daughters are entitled to monthly allowances, care for service personnel, and convalescence for health recovery every two years.
- War invalids with a work capacity reduction of 61% or more are entitled to allowances for service personnel and health insurance for dependents.
- War veterans with a work capacity reduction of 81% or more are entitled to annual convalescence for health recovery.
🌐 Tác động xã hội từ văn bản này
- Creating job opportunities and educational support for the children of persons with meritorious service to the revolution, helping them continue their studies.
- Reducing the economic burden on the dependents of martyrs and Mothers of Vietnam's Heroic Sons and Daughters through preferential treatment regimes.
- Supporting improvements in the quality of life for war invalids, war veterans, and persons affected by chemical warfare during the resistance war.
- Enhancing societal attention towards persons with meritorious service to the revolution, creating a positive environment for their recognition.
❓ Câu hỏi thường gặp
What preferential treatment regimes do persons engaged in revolutionary activities before January 1, 1945 enjoy?
They are entitled to monthly allowances, health insurance, and convalescence for health recovery according to each category.
What preferential treatment regimes do martyrs enjoy?
Martyrs' dependents are entitled to a one-time pension allowance upon death notification and monthly pension allowances.
How are Mothers of Vietnam's Heroic Sons and Daughters supported?
They are entitled to monthly allowances, care for service personnel, and convalescence for health recovery every two years.
What benefits do war invalids with a work capacity reduction of 61% or more receive?
They are entitled to allowances for service personnel and health insurance for dependents.
What benefits do war veterans with a work capacity reduction of 81% or more receive?
They are entitled to annual convalescence for health recovery.
Toàn văn
ORDINANCE
Amending and supplementing certain provisions of"5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:DecreeAMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF CIRCULAR NO. 16/2025/TT-BCT DATED FEBRUARY 1, 2025 OF THE MINISTER OF INDUSTRY AND TRADE ON THE OPERATION OF THE COMPETITIVE WHOLESALE ELECTRICITY MARKETon preferential treatment for those who have rendered meritorious service to the revolution
_________________________
Camendn cứThe Constitution of the Socialist Republic of Vietnam in 1992 has been amendedđand supplemented pursuant to Resolution No. 5đ/2001/QH118/2025/NĐ-CP dated June 09, 2025 of the Government on implementing administrative procedures under the one-stop shop mechanism at the One-Stop Service Center and the National Public Service Portal;No. 07/201/QH13 dated August 6, 20110;
CamendWHEREAS Decree No. quyết toán chung gửi Bộ Tài chính theo quy định.of the 10th National Assembly regarding the Program on Law and Ordinance Drafting in 20112 and adjustment of the Program on Law and Ordinance Drafting in 2011 issued by the Standing Committee of the National Assembly promulgates this OrdinanceIll regarding the Law and Ordinance Construction Program for the year 201onâthe Ordinance1;
DECREES:No. 5/PL-UBTVQhas been amended and3/2013/ND-CP dated November 14, 2013;, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPm118/2025/NĐ-CP dated June 09, 2025 of the Government on implementing administrative procedures under the one-stop shop mechanism at the One-Stop Service Center and the National Public Service Portal;,No.supplemented pursuant to the Ordinance amending andonsupplementing some articles of the Ordinanceor retirement announcementThe Government promulgates this Decree prescribing support regimes and certain preferential regimes for Vietnamese citizens contributing to the revolution, those who participated in the anti-French war, the anti-American war, the wars to protect the Fatherland and international missions residing abroad.No. 26/200on preferential treatment for those who have rendered meritorious service to the revolution No. 35/2007/PL-H11 đUBTVQ, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPm118/2025/NĐ-CP dated June 09, 2025 of the Government on implementing administrative procedures under the one-stop shop mechanism at the One-Stop Service Center and the National Public Service Portal;H11., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPm118/2025/NĐ-CP dated June 09, 2025 of the Government on implementing administrative procedures under the one-stop shop mechanism at the One-Stop Service Center and the National Public Service Portal;,Pursuant to Decree No. 24/2018/NĐ-CP dated February 27, 2018 of the Government on handling complaints and reports in the fields of labor, vocational education, dispatching Vietnamese workers abroad under contracts, employment, occupational safety and health;Amending and supplementing some articles of the Ordinance on preferential treatment for those who have rendered meritorious service to the revolution:or retirement announcementAccording to Decision No. 1237/QĐ-TTg dated July 27, 2013 of the Prime Minister approving the Plan for Searching for and Collecting the Remains of烈士from now until 2020 and subsequent years (hereinafter referred to as Decision No. 1237/QĐ-TTg);ối với Cục Công nghệ thông tin xây dựng danh mục dùng chung của từng lĩnh vực chuyên môn và tham gia công tác quản lý nhà nước đối với hoạt động ứng dụng công nghệ thông tin theo chức năng, nhiệm vụ và quyền hạn được giao."1. Those who have rendered meritorious service to the revolution:The decision to switch the issuance of coats, overcoats, windbreakers, and down jackets to other uniforms for civil servants working at the National Market Management and Development Agency is decided by the Minister of Industry and Trade.c) Martyrs;m) Those who have assisted the revolution."
Article 1.
Those who have rendered meritorious service to the revolution and their dependents shall be cared for, supported, and provided with preferential benefits as follows:
"1. The purpose of the national high school examination is to use the examination results for recognizing high school graduation; provide information to evaluate the quality of secondary education; provide data as a basis for university and vocational education admissions."
1. Monthly allowances, monthly supplements, and one-time allowances;
a) Persons who were engaged in revolutionary activities before January 1, 1945;
b) Persons who participated in revolutionary activities from January 1, 1945 to the August Revolution in 1945;
2. Health insurance;
d) Mothers of Vietnam's Heroic People;
đ) Heroes of the People's Armed Forces;
e) Labor Heroes during the resistance war;
g) War invalids and persons enjoying benefits equivalent to those of war invalids;
h) Invalids of war;
i) Persons participating in anti-war activities affected by toxic chemicals;
k) Persons participating in revolutionary or anti-war activities captured and imprisoned by the enemy;
l) Persons participating in national liberation, defending the country, and performing international duties;
3. Rehabilitation for health recovery;
2. Clause 4 shall be amended and supplemented as follows:
"Article 4
4. The State shall have policies to support those who have rendered meritorious service to the revolution and the dependents of martyrs who face difficulties in housing, and mobilize the participation of society and families of those who have rendered meritorious service to the revolution;
5. Priority in enrollment, job creation, and support to study at educational institutions within the national education system up to university level;
6. The Government shall specify the time of enjoyment, the amount of benefits, and the preferential benefits under this Article."
"Article 7
The principle of preferential treatment for those who have rendered meritorious service to the revolution and their dependents shall be implemented as follows:
1. Those who have rendered meritorious service to the revolution belonging to two or more categories specified in Clause 1, Article 2 shall enjoy allowances and supplements for each category, other benefits shall be enjoyed at the level of one category, except in cases stipulated in Clause 5, Article 10, Clause 5, Article 26, and Clause 5, Article 33 of this Ordinance;
2. In case those who have rendered meritorious service to the revolution die, their dependents shall enjoy monthly pension allowances and monthly maintenance pension allowances according to the preferential treatment for those who have rendered meritorious service to the revolution.
3. Article 7 is amended and supplemented as follows:
In case those who have rendered meritorious service to the revolution belong to two or more categories specified in Clause 1, Article 2 of this Ordinance and die, their dependents shall enjoy the pension allowance of one category.
In case dependents enjoy the pension allowance of two or more categories of those who have rendered meritorious service to the revolution and are entitled to additional monthly maintenance pension allowances, they shall enjoy an additional monthly maintenance pension allowance;
3. In case those who have rendered meritorious service to the revolution and their dependents specified in Point e, Clause 2, Article 14 and Clause 2, Article 27 of this Ordinance die, the organization arranging the funeral shall receive funeral expenses according to the provisions of the law on social insurance.
In case the subjects specified in this clause are also objects regulated by the Law on Social Insurance, the funeral expenses shall be paid by the Social Insurance Fund."
1. Persons engaged in revolutionary activities before January 1, 1945 are those recognized by competent authorities as having participated in revolutionary organizations before January 1, 1945.
2. Preferential treatments for persons engaged in revolutionary activities before January 1, 1945 include:
a) Monthly allowances, monthly supplements;
b) Health insurance; annual rehabilitation for health recovery; provision of necessary assistive devices and orthopedic equipment;
4. Article 9 shall be amended and supplemented as follows:
"Article 9
c) Provision of funds to purchase the People's Newspaper; provision of conditions to participate in cultural and spiritual activities appropriate to their circumstances;
d) Support from the State to improve housing based on their contributions and circumstances.
3. Preferential treatments when persons engaged in revolutionary activities before January 1, 1945 die include:
a) If persons engaged in revolutionary activities before January 1, 1945 are enjoying preferential treatments as stipulated in Clause 2 of this Article and die, the organization arranging the funeral shall receive funeral expenses, and their dependents shall receive a lump sum allowance;
b) If persons engaged in revolutionary activities died before January 2, 1945 without enjoying the preferential treatments stipulated in Clause 2 of this Article, their dependents shall receive a one-time allowance;
c) Parents, spouse, children under 18 years old or over 18 years old if still continuing their studies or suffering from severe disabilities shall receive monthly pension allowances.
In case parents, spouse, or children living alone without support, under 18 years old or over 18 years old if still continuing their studies or suffering from severe disabilities shall receive additional monthly maintenance pension allowances;
d) Parents, spouse, and children aged 6 to under 18 years old or over 18 years old if still continuing their studies or suffering from severe disabilities shall be provided with health insurance by the State.
4. Children of persons engaged in revolutionary activities before January 1, 1945 shall enjoy preferential and support measures as stipulated in Clause 5, Article 4 of this Ordinance.
5. The Government shall specify the specific conditions and criteria for recognizing persons engaged in revolutionary activities before January 1, 1945."
1. Persons engaged in revolutionary activities from January 1, 1945 to the August Revolution in 1945 are those recognized by competent authorities as leading a mass revolutionary organization at the commune level or independently engaging in revolutionary activities from January 1, 1945 to the August Revolution in 1945.
2. Preferential treatments for persons engaged in revolutionary activities from January 1, 1945 to the August Revolution in 1945 include:
a) Monthly allowances;
d) Support to improve housing based on their contributions and circumstances, the capacity of the State and localities.
5. Article 10 is amended and supplemented as follows:
- National Assembly Office, Central Party Office and relevant Party Committees;
3. Preferential treatments when persons engaged in revolutionary activities from January 1, 1945 to the August Revolution in 1945 die include:
a) If persons engaged in revolutionary activities from January 1, 1945 to the August Revolution in 1945 are enjoying preferential treatments as stipulated in Clause 2 of this Article and die, the organization arranging the funeral shall receive funeral expenses, and their dependents shall receive a lump sum allowance;
b) If persons engaged in revolutionary activities from January 1, 1945 to the August Revolution in 1945 died without enjoying the preferential treatments stipulated in Clause 2 of this Article, their dependents shall receive a one-time allowance;
a) If persons engaged in revolutionary activities before January 1, 1945 are enjoying preferential treatments as stipulated in Clause 2 of this Article and die, the organization arranging the funeral shall receive funeral expenses, and their dependents shall receive a lump sum allowance;
b) If persons engaged in revolutionary activities died before January 2, 1945 without enjoying the preferential treatments stipulated in Clause 2 of this Article, their dependents shall receive a one-time allowance;
d) Support to improve housing based on the merit and circumstances of each individual, and the capacity of the State and localities.
3. The preferential benefits when persons who were engaged in revolutionary activities from January 1, 1945 to the August Revolution in 1945 die include:
a) Persons who were engaged in revolutionary activities from January 1, 1945 to the August Revolution in 1945 and are currently receiving preferential benefits as stipulated in Clause 2 of this Article, if they die, the organization arranging the funeral will be entitled to funeral expenses, and their relatives will receive a lump-sum allowance.
b) If persons who were engaged in revolutionary activities from January 1, 1945 to the August Revolution in 1945 have died without having received the preferential benefits as stipulated in Clause 2 of this Article, their relatives will be entitled to a one-time allowance.
5. The Government shall specify the specific conditions and criteria for recognizing persons engaged in revolutionary activities before January 1, 1945."
1. Persons engaged in revolutionary activities from January 1, 1945 to the August Revolution in 1945 are those recognized by competent authorities as leading a mass revolutionary organization at the commune level or independently engaging in revolutionary activities from January 1, 1945 to the August Revolution in 1945.
2. Preferential treatments for persons engaged in revolutionary activities from January 1, 1945 to the August Revolution in 1945 include:
4. The children of persons who were engaged in revolutionary activities from January 1, 1945 to the August Revolution in 1945 shall enjoy preferential support benefits as prescribed in Clause 5, Article 4 of this Ordinance.
5. Persons who have been recognized and are enjoying the preferential benefits prescribed in Article 9 of this Ordinance shall not be subject to the provisions of this Article.
6. The Government shall specify the conditions and criteria for confirming persons who were engaged in revolutionary activities from January 1, 1945 to the August Revolution in 1945.
6. Clause 1 of Article 11 shall be amended and supplemented as follows:
"1. A烈士是指为民族解放事业、保卫祖国和履行国际义务,或为了国家和人民的利益,由国家追授“国家功勋”证书,并符合下列情形之一的人员:
a) Engaged in combat or directly serving in combat operations;
b) Directly engaging in political struggle or military propaganda against the enemy in an organized manner;
c) Engaging in revolutionary activities or anti-Japanese resistance, captured and tortured by the enemy but refusing to yield, persistently struggling or implementing plans to escape from prison while maintaining steadfastness until death;
d) Fulfilling international obligations;
đ) Struggling against criminal activities;
e) Bravely performing urgent and dangerous tasks serving national defense and security; bravely rescuing people or state and public property;
g) Suffering illness or accidents while on duty in areas with extremely difficult economic and social conditions;
h) Directly engaged in the mission of searching for and collecting martyrs' remains assigned by competent authorities;
i) Engaged in combat training or exercises serving national defense and security with hazardous characteristics;
k) War invalids or persons entitled to war invalid benefits as prescribed in Clause 1 and Clause 2 of Article 19 of this Ordinance, who died due to the recurrence of their wounds;
l) Persons missing or presumed dead in cases prescribed in points a, b, c, d, đ, e, and g of this clause."
7. Clause 2 of Article 12 shall be amended and supplemented as follows:
"2. The Government shall stipulate matters concerning information dissemination, search, collection, identification, management, care, preservation, visitation, and relocation of martyrs' graves; construction, management of martyrs' cemeteries, memorials, shrines, and name plaques; notification to People's Committees and families of martyrs regarding the location of martyrs' graves."
8. Clause 2 of Article 14 shall be amended and supplemented as follows:
"2. Preferential benefits for relatives of martyrs include:
a) One-time pension upon declaration of death;
b) Monthly pension according to the levels for relatives of one martyr, two martyrs, or three or more martyrs for the father, mother, foster parent when the martyr was young, spouse, or minor child under 18 years old or over 18 years old if still continuing education or suffering severe disability or extremely severe disability;
In cases where the father, mother, foster parent when the martyr was young, or spouse is alone without support, or the orphaned child of a martyr is defined in this point, they shall also receive additional monthly maintenance allowance;
c) Upon declaration of death, if the martyr has no relatives as prescribed in Clause 1 of this Article, the heir who keeps the "State Commendation Certificate" shall receive a one-time pension equivalent to that of the martyr's relatives;
đ) If the martyr has no relatives eligible for monthly pension, the person responsible for worshipping the martyr shall receive an annual pension;
đ) Martyrs' relatives shall be provided with health insurance by the State; given priority in land, water surface, sea surface leasing or loans at preferential interest rates for production purposes, tax exemption or reduction as prescribed by law; supported with housing as prescribed in Clause 4 of Article 4 of this Ordinance;
e) The father, mother, foster parent when the martyr was young, spouse, or child with severe or extremely severe disability shall be rehabilitated every two years;
In cases where the father or mother only has one child who is a martyr or has two or more children who are martyrs, they shall be rehabilitated annually;
g) Relatives of martyrs receiving monthly pensions shall be provided with necessary assistive devices and orthopedic appliances based on individual circumstances and the State's capacity; upon death, the person organizing the funeral shall receive funeral expenses, and relatives shall receive a lump sum benefit;
h) Children of martyrs shall enjoy preferential support benefits as prescribed in Clause 5 of Article 4 of this Ordinance."
9. Article 15 is amended and supplemented as follows:
"Article 15
1. Preferential benefits for Mothers of Vietnam Heroic Martyrs include:
a) The preferential benefits for relatives of martyrs prescribed in Article 14 of this Ordinance;
b) Monthly allowances;
c) Assistance fees for living at home for Mothers of Vietnam Heroic Martyrs;
d) Annual rehabilitation;
đ) The State and society shall provide houses of affection or support for housing as prescribed in Clause 4 of Article 4 of this Ordinance.
2. The person assisting Mothers of Vietnam Heroic Martyrs living at home shall be provided with health insurance by the State."
10. Article 17 shall be amended and supplemented as follows:
"Article 17
Preferential benefits for National Heroic Military Forces and National Labor Heroes during the Resistance War include:
1. Monthly allowances;
2. Health insurance; biennial rehabilitation; provision of necessary assistive devices and orthopedic appliances;
3. Enjoy preferential support benefits as prescribed in Clause 5 of Article 4 of this Ordinance;
4. Priority in land, water surface, sea surface leasing or loans at preferential interest rates for production purposes as prescribed by law; supported with housing as prescribed in Clause 4 of Article 4 of this Ordinance; upon death, the person organizing the funeral shall receive funeral expenses, and relatives shall receive a lump sum benefit."
11. Article 18 shall be amended and supplemented as follows:
"Article 18
1. The relatives of National Heroic Military Forces and National Labor Heroes during the Resistance War who died before January 1, 1995 shall receive a one-time benefit.
2. The father, mother, spouse, or child aged from six to eighteen years old or over eighteen years old if still continuing education or suffering severe or extremely severe disability of National Heroic Military Forces and National Labor Heroes during the Resistance War shall be provided with health insurance by the State.
3. The children of National Heroic Military Forces and National Labor Heroes during the Resistance War shall enjoy preferential support benefits as prescribed in Clause 5 of Article 4 of this Ordinance."
12. Article 19 is amended and supplemented as follows:
"Article 19
1. War invalids are military personnel or public security officers who have been injured, reducing their ability to work by 21% or more, and have been issued a "War Invalid Certificate" and a "War Invalid Emblem" by authorized agencies or units in any of the following cases:
a) Engaged in combat or directly serving in combat operations;
b) Captured by the enemy and tortured but still refused to yield, persistently struggled, leaving physical injuries;
c) Performed international duties;
d) Struggled against criminal activities;
đ) Bravely performed urgent and dangerous tasks serving national defense and security; bravely rescued people and state property;
e) Performed national defense and security duties in areas with particularly difficult socio-economic conditions;
g) While directly performing the task of searching for and collecting remains of martyrs assigned by authorized agencies;
h) Directly performing combat training or演习任务,服务于国防和安全,具有危险性质。
2. Persons enjoying policies similar to those for war invalids are non-military personnel or public security officers who have been injured, reducing their ability to work by 21% or more, in any of the cases stipulated in Clause 1 of this Article, and have been issued a "Certificate for Persons Enjoying Policies Similar to Those for War Invalids" by authorized agencies.
3. Class B war invalids are military personnel or public security officers who have been injured, reducing their ability to work by 21% or more during training or work, recognized by authorized agencies or units before December 31, 1993.
4. War invalids, persons enjoying policies similar to those for war invalids, and Class B war invalids as defined in this Article are collectively referred to as war invalids.
5. War invalids with special recurring injuries shall be re-examined and reassessed for the degree of reduced working capacity according to the regulations of the Government.
13. Article 20 is amended and supplemented as follows:
"Article 20
Preferential treatment systems for war invalids include:
1. Monthly allowances and monthly subsidies based on the degree of reduced working capacity and type of war invalid;
2. Health insurance; provision of assistive devices and orthopedic appliances based on the disability of each individual and the capability of the State;
3. Rehabilitation every two years; war invalids with reduced working capacity of 81% or more are entitled to annual rehabilitation;
4. Entitlement to preferential and support systems stipulated in Clause 5 of Article 4 of this Ordinance; based on disability and vocational qualifications, they are provided opportunities to work in state agencies or enterprises according to labor laws;
5. Priority in land allocation, lease of water surfaces, sea surfaces, preferential loans for production, tax exemption or reduction according to laws; support for housing as stipulated in Clause 4 of Article 4 of this Ordinance."
14. Article 21 is amended and supplemented as follows:
"Article 21
1. War invalids with reduced working capacity of 81% or more living at home are entitled to a care allowance.
The caregiver for war invalids as stipulated in this clause shall be covered by health insurance by the State.
2. War invalids with reduced working capacity of 61% or more are entitled to health insurance coverage by the State for their father, mother, spouse, or children aged from six to under eighteen years old, or from eighteen years old and above if they continue schooling or suffer from severe disabilities.
3. When a war invalid dies, the organization arranging the funeral receives funeral expenses, and relatives receive a lump-sum allowance.
4. When a war invalid with reduced working capacity of 61% or more dies, relatives receive a pension allowance as follows:
a) Father, mother; spouse aged sixty or older for males, fifty-five or older for females; children under eighteen years old, or eighteen years old and above if continuing schooling or suffering from severe disabilities, are entitled to a monthly pension allowance;
b) Father, mother; spouse aged sixty or older for males, fifty-five or older for females living alone without support; orphaned children under eighteen years old, or eighteen years old and above if continuing schooling or suffering from severe disabilities, are entitled to a monthly pension allowance and a monthly maintenance allowance.
5. Children of war invalids are entitled to preferential and support systems stipulated in Clause 5 of Article 4 of this Ordinance."
15. Article 23 is amended and supplemented as follows:
"Article 23
1. Disease invalids are military personnel or public security officers who have contracted diseases reducing their ability to work by 61% or more upon discharge to return home, and have been issued a "Disease Invalid Certificate" by authorized agencies or units in any of the following cases:
a) Engaged in combat or directly serving in combat operations;
b) Engaged continuously in areas with particularly difficult socio-economic conditions for fifteen months or more;
c) Engaged in areas with particularly difficult socio-economic conditions for less than fifteen months but have worked in the People's Army or Public Security for ten years or more;
d) Have worked in the People's Army or Public Security for fifteen years but do not meet the conditions for retirement benefits;
đ) Performed international duties;
e) Performed urgent and dangerous tasks serving national defense and security;
g) While performing the task of searching for and collecting remains of martyrs assigned by authorized agencies.
2. Disease invalids are military personnel or public security officers who have contracted diseases reducing their ability to work between 41% and 60%, recognized by authorized agencies or units before December 31, 1994.
3. Disease invalids are military personnel or public security officers who have contracted diseases while performing duties in any of the cases stipulated in points a, b, and đ of Clause 1 of this Article, and now suffer from mental disorders related to the previous disease, reducing their ability to work by 61% or more."
16. Article 24 is amended and supplemented as follows:
"Article 24
Preferential treatment systems for disease invalids include:
1. Monthly allowances and monthly subsidies based on the degree of reduced working capacity;
2. Health insurance; provision of assistive devices and orthopedic appliances based on the medical condition of each individual and the capability of the State;
3. Rehabilitation every two years; disease invalids with reduced working capacity of 81% or more are entitled to annual rehabilitation;
4. Priority in land allocation, lease of water surfaces, sea surfaces, preferential loans (for production, tax exemption or reduction according to laws; support for housing as stipulated in Clause 4 of Article 4 of this Ordinance."
17. Article 25 is amended and supplemented as follows:
"Article 25
1. War invalids with a reduction in work capacity of 81% or more living at home shall be granted a subsidy for a caregiver. The caregiver for war invalids as stipulated in this Clause shall be provided health insurance by the State.
2. War invalids with a reduction in work capacity of 61% or more shall have their parents, spouse, or children aged from six to under eighteen years old, or from eighteen years old and above if they continue to study or suffer from severe disabilities, provided with health insurance by the State.
3. When a war invalid dies, the person organizing the funeral shall receive funeral expenses, and relatives shall be entitled to a lump-sum allowance.
4. In the event that a war invalid with a reduction in work capacity of 61% or more dies, relatives shall be entitled to a pension as follows:
a) Father, mother; spouse aged sixty or older for males, fifty-five or older for females; children under eighteen years old, or eighteen years old and above if continuing schooling or suffering from severe disabilities, are entitled to a monthly pension allowance;
b) Father, mother; spouse aged sixty or older for males, fifty-five or older for females living alone without support; orphaned children under eighteen years old, or eighteen years old and above if continuing schooling or suffering from severe disabilities, are entitled to a monthly pension allowance and a monthly maintenance allowance.
5. Children of war invalids shall enjoy preferential treatment and support as prescribed in Clause 5, Article 4 of this Ordinance.
18. Article 26 is amended and supplemented as follows:
Article 26
1. A person who participated in the resistance war and was exposed to toxic chemicals is someone recognized by competent authorities as having worked, fought, or served in combat operations from August 1961 to April 30, 1975, in areas where the US military used chemical toxins, leading to one of the following situations:
a) Suffering from a disease causing a reduction in work capacity of 21% or more;
b) Infertility;
c) Giving birth to deformed or disabled children.
2. Monthly allowances for persons participating in the resistance war and exposed to toxic chemicals shall be as follows:
a) Persons falling under point a of Clause 1 of this Article shall receive monthly allowances based on the degree of reduction in work capacity ranging from 21% to 40%, from 41% to 60%, from 61% to 80%, and 81% or more;
b) Persons falling under points b or c of Clause 1 of this Article but not suffering from diseases specified in point a of Clause 1 of this Article or suffering from diseases with a reduction in work capacity below 61% shall receive monthly allowances equivalent to those for persons with a reduction in work capacity ranging from 41% to 60%; in cases where they suffer from diseases with a reduction in work capacity of 61% or more, they shall receive monthly allowances corresponding to the degree of reduction in work capacity from 61% to 80% and 81% or more as specified in point a of this Clause;
3. Other preferential policies for persons participating in the resistance war and exposed to toxic chemicals include:
a) Health insurance; provision of assistive devices and orthopedic appliances based on each individual's medical condition and the State's capability;
b) Rehabilitation for health recovery every two years; in cases where the reduction in work capacity is 81% or more, annual rehabilitation for health recovery;
c) Persons with a reduction in work capacity of 81% or more shall receive monthly supplements, and if living at home, shall be granted a subsidy for a caregiver;
Caregivers for persons participating in the resistance war and exposed to toxic chemicals as stipulated in this point shall be provided health insurance by the State;
d) Priority in land allocation, water surface leasing, sea surface leasing, preferential loans for production, tax exemption or reduction according to the law, and housing support as prescribed in Clause 4, Article 4 of this Ordinance;
đ) When a person participating in the resistance war and exposed to toxic chemicals dies, the person organizing the funeral shall receive funeral expenses, and relatives shall be entitled to a lump-sum allowance.
4. Relatives of persons participating in the resistance war and exposed to toxic chemicals with a reduction in work capacity of 61% or more who die shall be entitled to a pension as for the relatives of war invalids.
5. Persons meeting the conditions for recognition and enjoying preferential policies as prescribed in this Article and Article 24 of this Ordinance shall receive monthly allowances as follows:
a) War invalids suffering from additional diseases specified in point a of Clause 1 of this Article due to exposure to toxic chemicals shall undergo comprehensive examination to receive monthly allowances corresponding to the degree of reduction in work capacity;
b) War invalids falling under points b or c of Clause 1 of this Article shall receive monthly allowances for war invalids and monthly allowances for persons participating in the resistance war and exposed to toxic chemicals with a reduction in work capacity ranging from 41% to 60%;
c) War invalids suffering from additional diseases specified in point a of Clause 1 of this Article due to exposure to toxic chemicals and falling under points b or c of Clause 1 of this Article may choose to receive monthly allowances according to point a or point b of this Clause.
19. Article 27 is amended and supplemented as follows:
"Article 27
1. Preferential policies for relatives of persons participating in the resistance war and exposed to toxic chemicals include:
a) Children born with deformities or disabilities due to the consequences of toxic chemicals who cannot live independently or whose ability to live independently has been reduced shall receive monthly allowances; they shall be provided health insurance by the State, assistive devices, and necessary orthopedic appliances based on their condition of deformity or disability;
b) Parents, spouses, or children aged from six to under eighteen years old, or from eighteen years old and above if they continue to study or suffer from severe disabilities of persons participating in the resistance war and exposed to toxic chemicals with a reduction in work capacity of 61% or more shall be provided health insurance by the State;
c) Children shall enjoy preferential treatment and support as prescribed in Clause 5, Article 4 of this Ordinance.
2. When a child of a person participating in the resistance war and exposed to toxic chemicals who is receiving monthly allowances as prescribed in point a of Clause 1 of this Article dies, the person organizing the funeral shall receive funeral expenses.
20. Article 29 is amended and supplemented as follows:
"Article 29
1. Preferential policies for persons participating in revolutionary activities or resistance wars and captured or exiled by the enemy include:
a) Awarding Commemorative Medals;
b) Monthly allowances;
c) Health insurance; rehabilitation for health recovery every two years; provision of assistive devices and orthopedic appliances based on each individual's medical condition and the State's capability.
2. When a person participating in revolutionary activities or resistance wars and captured or exiled by the enemy dies, the person organizing the funeral shall receive funeral expenses, and relatives shall be entitled to a lump-sum allowance.
3. In cases where a person participating in revolutionary activities or resistance wars and captured or exiled by the enemy has died without enjoying preferential policies for such persons, relatives shall be entitled to a one-time allowance.
21. Article 34a is added after Article 34 as follows:
"Article 34a
The Ministry of Labor, Invalids and Social Affairs shall have the following responsibilities within its scope of duties and powers:
1. Drafting and submitting to competent authorities for issuance, or issuing within its authority, normative legal documents on persons who have rendered meritorious service to the revolution;
2. Planning and organizing the management of social care facilities for persons who have rendered meritorious service to the revolution;
3. Planning and guiding the implementation of plans for memorials honoring fallen soldiers; regulations on the management of memorials honoring fallen soldiers;
4. Directing and guiding the reception of remains of fallen soldiers, identification of the identity of remains of fallen soldiers lacking information, and information about graves of fallen soldiers;
5. Taking the lead and coordinating with ministries, sectors, localities, and political-social organizations in organizing movements to repay debts of gratitude, managing the Debt Repayment Fund; promoting, mobilizing, summarizing, evaluating, and disseminating exemplary models and commendation activities in the field of persons who have rendered meritorious service to the revolution;
6. Taking the lead and coordinating with relevant ministries and equivalent agencies in stipulating benefits, standards, methods, and means of providing prosthetic devices and assistive equipment for persons who have rendered meritorious service to the revolution;
7. Inspecting, supervising, handling complaints, and addressing accusations regarding the implementation of laws on persons who have rendered meritorious service to the revolution;
8. Implementing international cooperation on persons who have rendered meritorious service to the revolution;
9. Implementing statistical work on persons who have rendered meritorious service to the revolution.
22. Article 35 is amended and supplemented as follows:
"Article 35
1. The Ministry of National Defense shall direct verification work, provide information, organize searches, and collect remains of fallen soldiers both domestically and abroad; issue and implement policies and preferential regimes for persons who have rendered meritorious service to the revolution directly managed by the Ministry of National Defense according to the provisions of this Ordinance.
2. The Ministry of Public Security shall issue and implement policies and preferential regimes for persons who have rendered meritorious service to the revolution directly managed by the Ministry of Public Security according to the provisions of this Ordinance."
23. Article 40 is amended and supplemented as follows:
"Article 40
The Ministry of Health shall have the following responsibilities:
1. Stipulating conditions, criteria, professional and technical regulations to ensure the confirmation and medical examination of health for war invalids, veterans, people engaged in the resistance war affected by toxic chemicals, and their children born with deformities due to toxic chemical exposure; caring for and protecting the health, and providing medical insurance for persons who have rendered meritorious service to the revolution;
2. Organizing medical examinations and evaluations for war invalids, veterans, people engaged in the resistance war affected by toxic chemicals, and their children born with deformities due to toxic chemical exposure."
Article 2.
Replace the phrase "Labor Hero" in Section 5 Chapter II and Article 16 of the Ordinance on Preferential Treatment for Persons Who Have Rendered Meritorious Service to the Revolution with the phrase "Labor Hero during the Resistance War".
Article 3.
1. This Ordinance takes effect from September 1, 2012.
2. The implementation date of the preferential regimes provided for in this Ordinance for persons who have rendered meritorious service to the revolution and their dependents shall be January 1, 2013, except for cases specified in Clause 3 and Clause 4 of this Article.
3. Monthly allowances for those who were engaged in revolutionary activities or resistance wars and were captured and imprisoned by the enemy; allowances for serving mothers who were awarded the title of "Heroic Mother Vietnam," and people engaged in the resistance war affected by toxic chemicals with a reduced ability to work of 81% or more shall be implemented from September 1, 2012.
4. The allowance regime for people engaged in the resistance war affected by toxic chemicals shall be implemented as follows:
a) People engaged in the resistance war affected by toxic chemicals recognized before September 1, 2012, receiving monthly allowances based on a reduced ability to work of 81% or more shall continue to enjoy the current regime.
Those currently receiving monthly allowances based on a reduced ability to work below 81% shall continue to enjoy the regime until December 31, 2012, and shall switch to receiving allowances for those with a reduced ability to work between 41% and 60% starting from January 1, 2013.
In cases where individuals have switched to receiving allowances for those with a reduced ability to work between 41% and 60%, if they request it, they may undergo re-evaluation and receive allowances corresponding to the degree of reduced ability to work based on the evaluation results.
b) People engaged in the resistance war affected by toxic chemicals recognized from September 1, 2012, shall enjoy the allowance regime as stipulated in this Ordinance.
c) The Ministry of Labor, Invalids and Social Affairs shall take the lead and coordinate with the Ministry of Health to guide the determination and conversion of allowance levels for people engaged in the resistance war affected by toxic chemicals.
5. The Ordinance amending and supplementing certain articles of the Ordinance on Preferential Treatment for Persons Who Have Rendered Meritorious Service to the Revolution No. 35/2007/PL-UBTVQH11 shall cease to be effective from the date this Ordinance takes effect.
6. The Government shall specify detailed regulations and provide guidance on the implementation of this Ordinance./.
Bản đồ quan hệ
Bấm vào một văn bản để mở. Viền đỏ = quan hệ làm thay đổi hiệu lực.