This Circular guides the implementation of Decision No. 209/2005/QĐ-TTg on the regime and policies for certain subjects directly participating in the resistance war against America to save the country within the People's Public Security Forces. It stipulates the subjects eligible for one-time allowance, the review procedures, and the responsibilities of the implementing agencies.
适用范围
Officers, non-commissioned officers, cadres, soldiers, workers of the People's Public Security Forces who directly participated in the resistance war against America to save the country in Zones B, C, K; non-commissioned officers, soldiers of the People's Army, Public Security, and volunteers; secret forces.
要点
- Officers, non-commissioned officers, cadres, and soldiers of the People's Public Security Forces who participated in the resistance war in Zones B, C, K from July 20, 1954 to April 30, 1975, and have not yet received the discharge, retirement, disability, or monthly pension benefits may receive a one-time allowance.
- Non-commissioned officers and soldiers of the People's Army and Public Security who participated in Zones B, C, K before April 30, 1975 without having primary dependents to support directly may receive a one-time allowance.
- Secret forces who participated from July 1954 to April 30, 1975 in Zones B, C, K (including those who died) may receive a one-time allowance based on their actual participation time.
- The application dossier for the one-time allowance must include original documents or documents considered as originals and related documents.
- Responsibilities of the subjects and relatives, county-level Public Security, provincial-level Public Security, centrally-administered city-level Public Security, General Departments, Command of Security Service, Departments, Bureaus... under the Minister in receiving and processing dossiers for the one-time allowance.
🌐 本文件的社会影响
- Positive impact: Helps the subjects benefit from the Party and State's policies, enhancing the sense of responsibility of the Public Security Force.
- Negative impact: Increases the national budget expenditure due to the need to pay the one-time allowance to the subjects.
❓ 常见问题
Who is eligible for the one-time allowance?
Officers, non-commissioned officers, cadres, and soldiers of the People's Public Security Forces who participated in the resistance war in Zones B, C, K from July 20, 1954 to April 30, 1975, and have not yet received discharge, retirement, disability, or monthly pension benefits may receive a one-time allowance.
What is the amount of the one-time allowance?
For subjects with a service period of up to two years, the allowance is: 800,000 VND (eight hundred thousand dong). For subjects with a service period exceeding two years, the allowance is calculated according to the following formula: Allowance = Number of years served x 400,000 VND.
What does the application dossier for the one-time allowance include?
The dossier must include original documents or documents considered as originals, such as: Party member's resume (if applicable), cadre's resume, military personnel's resume, discharge dossier, retirement dossier, resignation dossier, disability dossier, or social insurance dossier.
What are the responsibilities of the subjects and relatives?
Subjects and relatives must fill out the prescribed form, submit the form and original documents or documents considered as originals, and related documents to the People's Committee of the commune - ward (except for those secretly cooperating with the Public Security agency). They must also ensure the truthfulness of the forms and related documents and bear legal responsibility when violating the law.
Which units are responsible for receiving the dossiers?
County-level Public Security is responsible for receiving dossiers of the subjects specified in Clause 1 and 2, Section I of this Circular transferred by the People's Committee of the commune. Provincial-level Public Security, centrally-administered city-level Public Security, General Departments, Command of Security Service, Departments, Bureaus... under the Minister are responsible for receiving dossiers of the subjects specified in Clause 2 and 3, Section I of this Circular.
全文
CIRCULAR
Guidelines for Implementing Decision No. 209/2005/QĐ-TTg dated November 8, 2005
of the Government in the People's Public Security Forces
__________________________
Pursuant to Decision No. 290/2005/QĐ-TTg dated November 8, 2005 of the Government (referred to as Decision No. 290); Pursuant to Circular Joint No. 191/2005/TTLT-BQP-BLDTBXH-BTC dated December 7, 2005 of the Ministry of National Defense, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Finance (referred to as Circular Joint No. 191) guiding the implementation of Decision No. 209/2005/QĐ-TTg of the Government on policies for certain individuals directly participating in the resistance war against America to save the country but not yet enjoying the policies of the Party and State. The Ministry of Public Security guides its implementation in the People's Public Security Forces as follows:
PART I. OBJECTS AND POLICIES
1. One-time allowance system for military personnel, public security forces, workers, and officials who directly participated in the resistance war against America but have not enjoyed policies
a. Applicable objects
Officers, non-commissioned officers, cadres, soldiers, workers, and officials of the People's Public Security Forces who directly participated in the resistance war against America to save the country in the B, C, K battlefields from July 20, 1954 to April 30, 1975, returned home before December 31, 1976, and have not yet enjoyed any of the demobilization, discharge, retirement, disability, or monthly pension policies prior to returning home and were part of the People's Public Security Forces' establishment.
b. Non-applicable objects
Implemented as stipulated at point 1.2, clause 1, section I, part I of Circular Joint No. 191.
c. Benefits received
Implemented as stipulated at clause 2, section I, part I of Circular Joint No. 191.
2. One-time policy for non-commissioned officers, soldiers, police, volunteers, and civilian cadres who participated in combat and activities in the B, C, K battlefields
a. Applicable objects
Non-commissioned officers, soldiers of the People's Army, police, volunteers receiving salaries from the state budget, and civilian cadres engaged in revolutionary activities in the B, C, K battlefields before April 30, 1975 without immediate family members (spouse or children) to support in the North. Specifically:
- Non-commissioned officers, soldiers of the People's Army, police (who received living expenses during service) must become salary recipients from April 30, 1975 onwards, including:
+ Those appointed to positions from deputy squad leader upwards;
+ Those promoted to the rank of Second Lieutenant or deputy squad leader upwards;
+ Those transferred to professional military status; officers, non-commissioned officers receiving police salaries or civil servants, defense workers, police, or civilian cadres in the South.
- Volunteers receiving salaries from the state budget sent to the B, C, K battlefields or those who received living expenses while in the battlefield and became salary recipients in the battlefield from April 30, 1975 onwards.
- Civilian cadres in the South who escaped to engage in revolutionary activities in the B, C, K battlefields from July 1954 to April 30, 1975 under the management of revolutionary party and government organizations at the district level or higher.
These individuals are currently working in the People's Public Security Forces or retired with state-provided benefits and are part of the People's Public Security Forces' establishment.
b. Non-applicable objects
Implemented as stipulated at point 1.2, clause 1, section II, part I of Circular Joint No. 191.
c. Benefits received
Implemented as stipulated at clause 2, section II, part I of Circular Joint No. 191.
3. One-time allowance for secret forces
a. Applicable objects
Secret forces are individuals who cooperated secretly with public security agencies organized and managed by county-level (district) public security agencies or county-level (district) security bureaus... and assigned tasks to operate in the B, C, K, D battlefields (including those who have died) from July 1954 to April 30, 1975, including:
- Special informants;
- Cooperating agents;
- Secret bases;
- Honorary cooperating agents;
- Secret mailboxes.
b. Non-applicable objects
- Individuals mentioned in point a, clause 3, section I above continue to work and later develop into military personnel, police, workers, defense workers, police workers, or civilian cadres currently employed and participating in social insurance or currently enjoying monthly retirement, disability, or veteran benefits, or the time spent cooperating secretly has already been compensated by the state.
- Individuals mentioned in point a, clause 3, section I above who were dismissed due to betrayal, violation of laws resulting in imprisonment, re-education...
c. Benefits received
- Calculation of benefit duration:
+ The duration counted for benefits is the total actual time spent cooperating secretly with public security agencies from the county level, county security bureau level up to when they ceased secret cooperation with public security agencies.
+ If there are interruptions or multiple periods of secret cooperation, these periods are accumulated to calculate the benefit duration.
+ Secret cooperation time counted for benefits, if there are less than six months, is calculated as half a year (1/2 year).
- Level of one-time allowance:
+ For individuals with a benefit duration of two years or less, the amount is: 800,000 VND (eight hundred thousand dong).
+ For individuals with a benefit duration exceeding two years, the amount is calculated according to the following formula:
Amount = Number of years counted x 400,000 VND
PART II. PROCEDURES AND DOCUMENTS FOR BENEFIT CLAIMS
1. The documents for reviewing one-time benefits for the subjects specified in Clauses 1, 2, and 3, Section I of this Circular must be based on the following materials:
a. Original documents or documents considered equivalent to original documents.
- Party Member Record (if applicable).
- Officer Record, Military Personnel Record (if applicable).
- Discharge, Demobilization, Resignation, War Invalid Benefit Claim File, or Monthly Social Insurance Benefit Claim File (applicable only to the subject specified in Clause 2, Section I of this Circular).
- Secret Force Completion File (if applicable) or handwritten confirmation letter from the person assigning the task (applicable only to the subject specified in Clause 3, Section I of this Circular).
b. Related Documents
Documents that can prove the individual was a military personnel, public security officer, volunteer youth, civil administration cadre, militia, guerrilla, state civil servant, defense civil servant, police worker, such as:
- Drafting decision; recruitment, appointment, promotion, salary increase decisions; transfer orders; task assignments...
- Resistance Medals and other forms of commendation.
- Medical transfer, hospital transfer, health status certificates...
- People with Merit Benefit Claim File, One-Time Social Insurance Benefit Claim File.
- Other related certification documents.
2. The documents for reviewing one-time benefits for the subjects specified in Clause 1, Section I of this Circular shall be established in two sets as follows:
- Personal declaration form with confirmation from the local commune (ward) authority where the individual resides (Form 1A) or from relatives (Form 1B).
The relative's declaration form must be accompanied by a power of attorney from the main relatives confirmed by the local commune (ward) authority where the individual resides (Form 04).
- A copy of one of the original documents or related documents as stipulated in Clause 1, Part II of this Circular.
- Joint meeting minutes (Form 05).
- Request letter (Form 8A) accompanied by a list of individuals not yet receiving policy benefits (Form 9A).
3. The documents for reviewing one-time benefits for the subjects specified in Clause 2, Section I of this Circular shall be established in two sets as follows:
- Personal declaration form with confirmation from the current workplace authority or confirmation from the local commune (ward) authority if retired and receiving benefits (Form 2A).
- Relative's declaration form (Form 2B) must be accompanied by a power of attorney from the main relatives confirmed by the local commune (ward) authority where the individual resides (Form 04).
- Photocopy of the entire work history of the subject provided by the personnel file management agency.
- Extracted work history of the benefit recipient confirmed by the head of the personnel file management agency (Form 2C).
- Request letter (Form 8A) accompanied by a list of individuals B, C, K eligible for one-time benefits (Form 9B).
4. The documents for reviewing one-time benefits for the subjects specified in Clause 3, Section I of this Circular shall be established in two sets as follows:
- Personal declaration form (Form 3A issued together with this Circular).
- Relative's declaration form (Form 3B issued together with this Circular) must be accompanied by a power of attorney from the main relatives confirmed by the local commune (ward) authority where the individual resides (Form 04).
- Handwritten confirmation letter from the directly managing police officer detailing the work history of the individual confirming, the period of management, and tasks assigned to the collaborator with the Police Agency. The police officer's confirmation letter must be confirmed by the unit where they worked. In cases where the unit where the confirming officer worked has been dissolved or split into multiple units, if no unit retains information about the confirming officer, then the superior business unit will confirm based on stored records.
- Proposal minutes for one-time benefits from the directly managing unit, task assignment unit (Form 6A issued together with this Circular). In cases where the directly managing unit, task assignment unit has been dissolved or split into multiple units; the unit retaining information will establish the proposal minutes. If no unit retains information, then the superior business unit will establish the proposal minutes based on stored records.
- Request letter (Form 8A) accompanied by a list of collaborators with the Police Agency eligible for one-time benefits (Form 9C issued together with this Circular).
PART III. RESPONSIBILITIES AND PROCEDURES FOR IMPLEMENTATION
1. Responsibilities of the subject and relatives of the subject
- Fill out the declaration form as prescribed.
- Submit the declaration form and original documents or documents considered as originals, related documents to the People's Committee of the commune-town (except for subjects who are secret collaborators with the police agencies, who shall submit to the direct managing unit, task assigning unit, or the county-level police agency).
- Ensure the truthfulness of the declaration form, related documents, and bear legal responsibility when there is a violation of the law.
2. Responsibilities of the police levels in receiving and processing one-time benefit applications
a. For the county-level police agency, responsibilities include:
- Receiving the files of subjects specified in Clause 1 and 2, Section I of this Circular transferred by the People's Committee of the commune-town.
- Receiving the files of secret collaborators with the police agencies, compiling relevant materials on the subjects, and drafting a proposal for benefit resolution (in accordance with Model 6A).
- Compiling these materials and reporting them to the provincial-level police agency or centrally-administered city police agency.
b. For the provincial-level police agency, centrally-administered city police agency; General Staff for Security; Departments, Bureaus ... under the Minister (referred to as units or localities), responsibilities include:
- Provincial-level police agency: The Department of Organization and Cadres receives the files of subjects or relatives of subjects specified in Clause 1, 2, and 3, Section I of this Circular transferred by the county-level police agency or units under the provincial-level police agency.
- General Staff for Security, Departments, Bureaus ... under the Minister; Political Bureau, Office of the General Staffs receive the files of subjects at their units (subjects specified in Clause 2 who are currently working and those specified in Clause 3, Section I of this Circular).
After receiving the files, the police units and localities complete the files of subjects specified in Clause 1, 2, and 3, Section I of this Circular and send one set of files to the General Bureau III (through X13); one set of files is retained at the unit or locality.
c. The Department of Organization and Cadres has the responsibility:
- Receiving the files of subjects reported by units and localities; organizing the review of files in accordance with regulations.
- Compiling a list of subjects entitled to benefits and coordinating with the Finance Department to prepare a budget estimate for funding and requesting the Ministry of Finance to allocate funds.
- Issuing a Decision on benefit entitlement along with a list of beneficiaries to be sent back to the police units and localities for payment.
d. The Finance Department has the responsibility:
- Coordinating with the Department of Organization and Cadres to prepare a budget estimate and request the Ministry of Finance to allocate funds in accordance with regulations.
- Receiving funds from the Ministry of Finance; distributing them to the police units and localities for implementation and guiding payment, settlement, and finalization in accordance with regulations.
PART IV. ORGANIZATION OF IMPLEMENTATION
The General Staffs, Ministries, units directly under the Minister, provincial-level police agencies, and centrally-administered city police agencies are responsible for disseminating this Circular to cadres and soldiers within their units and localities; guiding subjects to prepare files in accordance with regulations; organizing reviews to ensure correct subjects and benefits; promptly resolving any complaints or grievances within their units and localities.
This Circular takes effect fifteen days from the date of signature.
During implementation, if there are any difficulties, the police units and localities should report to the Ministry (through X13 - General Bureau III) for examination and resolution.
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