Circular No. 05/2004/TT-BLDTBXH of the Ministry of Labor, Invalids and Social Affairs guiding the implementation of Decree No. 59/2003/NĐ-CP on one-time allowances for relatives of persons who have rendered meritorious services to the revolution and died before January 1, 1995.

CIRCULAR

Circular of the Ministry of Labor, Invalids and Social Affairs guiding the implementation of Decree No. 59/2003/ND-CP on the one-time allowance for relatives of persons who have rendered meritorious service to the revolution and died before January 1, 1995.

Implementing Decree No. 59/2003/ND-CP dated June 4, 2003 of the Government stipulating the one-time allowance for relatives of persons who have rendered meritorious service to the revolution and died before January 1, 1995.

After unifying opinions with the Ministry of National Defense (Letter No. 4124/BQP dated October 14, 2003), the Ministry of Public Security (Letter No. 2078/CV-BCA(V11) dated October 20, 2003) and other relevant ministries and sectors, the Ministry of Labor, Invalids and Social Affairs provides specific guidance on the one-time allowance for relatives of persons who have rendered meritorious service to the revolution and died before January 1, 1995 as follows:

I. SUBJECTS AND CONDITIONS OF PERSONS WHO HAVE RENDERED MERITORIOUS SERVICE TO THE REVOLUTION

1. Persons who were active in the revolutionary movement before 1945 (old revolutionary cadres) are those who meet the conditions and standards recognized according to Article 6 of Decree No. 28/CP dated April 29, 1995 of the Government.

2. Persons who were active in the revolutionary movement before the August Revolution in 1945 ("pre-revolutionary cadres") are those who meet the conditions and standards recognized according to Articles 8 and 9 of Decree No. 28/CP dated April 29, 1995 of the Government.

3. Persons who were active in the revolutionary movement or anti-French resistance and were captured and imprisoned by the enemy are those who meet the conditions and standards recognized according to Article 53 of Decree No. 28/CP dated April 29, 1995 of the Government.

4. Persons who were active in the national liberation resistance are those who have been awarded the Order or Medal of Resistance or the Order or Medal of Victory by the State.

II. RELATIVES OF PERSONS WHO HAVE RENDERED MERITORIOUS SERVICE TO THE REVOLUTION

Relatives of persons who have rendered meritorious service to the revolution eligible for a one-time allowance are the wife or husband of the subjects specified in Section I of this Circular.

In cases where the wife or husband of a person who has rendered meritorious service to the revolution has died, the statutory heir currently worshipping the deceased person shall be entitled to the one-time allowance in the following order:

- Father, mother, adoptive father, adoptive mother, biological child, adopted child as provided by law of the deceased (first order of succession);

- Grandfather, grandmother, maternal grandfather, maternal grandmother, full brother, full sister, full sibling of the deceased (second order of succession);

- Uncle, aunt, uncle-in-law, aunt-in-law, uncle's daughter, aunt's daughter, cousin of the deceased, grandchild of the deceased who is the uncle, aunt, uncle-in-law, aunt-in-law, cousin (third order of succession).

III. ONE-TIME ALLOWANCE REGIME

1. One-time allowance:

- The amount of 2,000,000 VND/person applies to the relatives of persons who have rendered meritorious service to the revolution specified in Clause 1 of Section I of this Circular.

- The amount of 1,500,000 VND/person applies to the relatives of persons who have rendered meritorious service to the revolution specified in Clause 2 of Section I of this Circular.

- The amount of 1,000,000 VND/person applies to the relatives of persons who have rendered meritorious service to the revolution specified in Clauses 3 and 4 of Section I of this Circular.

2. If a person meets the recognition criteria for two or more categories as specified in Section I of this Circular, their relatives shall be entitled to one type of allowance at the highest one-time allowance level.

Example 1: Mr. Nguyen Van A died in 1990 and was later recognized by the competent authority as a "pre-revolutionary cadre." At the same time, Mr. A was also recognized as a person who participated in the resistance because he was awarded the Order of Resistance by the State. Mrs. Pham Thi H, the wife of Mr. A, is entitled to one type of allowance for the relative of a "pre-revolutionary cadre" with a one-time allowance of 1,500,000 VND.

Example 2: Mrs. Tran Thi T participated in guerrilla activities and sacrificed her life during the resistance and was recognized as a martyr. Mrs. Tran Thi T is eligible for the Order of Resistance.

Mr. Hoang Van K is the biological son of Mrs. T, currently holding the Certificate of Merit for the Nation and responsible for worshipping Mrs. T.

Mr. K is entitled to one type of allowance for the relative of a person who participated in the national liberation resistance with a one-time allowance of 1,000,000 VND.

3. In families where multiple members meet the recognition criteria for persons who have rendered meritorious service to the revolution as specified in Section I of this Circular, their relatives shall be entitled to the allowance at the highest one-time allowance level specified for each individual.

Example: Mr. Le Van A died in 1993 and was later recognized as both a "pre-revolutionary cadre" and a person who participated in the resistance. Mrs. Tran Thi B, the wife of Mr. Le Van A, died in 1992 and was recognized as both a person who was captured and imprisoned by the enemy and a person who participated in the resistance.

Mr. Le Van H, the son of Mr. A and Mrs. B, is entitled to one type of one-time allowance for the relative of a "pre-revolutionary cadre" with an amount of 1,500,000 VND and another type of one-time allowance for the relative of a person who was captured and imprisoned by the enemy with an amount of 1,000,000 VND.

IV. APPLICATION FILES AND PROCEDURES FOR ONE-TIME ALLOWANCE

1. Application files include:

a) Declaration form of the relative or statutory heir of the person who has rendered meritorious service to the revolution (Model No. 1) with confirmation from the village chief (head of the commune, ward chief) where the declarant resides.

Each line of succession is represented by one person authorized by the individuals within that line of succession to declare. The representative of the subsequent line of succession only declares if there is no representative in the preceding line of succession.

b) One of the following certification documents regarding the person who has rendered meritorious service:

- Certificate of a person who was active in the revolutionary movement before 1945 (old revolutionary cadre).

- Certificate of a person who was active in the revolutionary movement before the August Revolution in 1945 ("pre-revolutionary cadre").

- Certificate of a person who was captured and imprisoned by the enemy: for party members or those who left their jobs, it is certified by the party committee or the agency/unit based on the file and biography kept; for non-party members or those who did not leave their jobs, it is a document or paper with legal basis clearly stating participation in the revolutionary movement or resistance and being captured and imprisoned by the enemy or confirmed by the Prison Reunion Association.

- Copy of the Order, Medal of Resistance or Order, Medal of Victory or certificate of commendation summarizing the resistance achievements or copy of the Certificate of Merit for the Nation or death notice, certificate of sacrifice (for martyrs who died from April 30, 1975 onwards).

The copies mentioned above shall be certified true copies by the People's Committee of communes, towns, or wards (collectively referred to as the commune level).

2. Procedures for granting allowances:

a) For dependents of persons with meritorious service (the person filing for the allowance):

- Fill out the application form according to Form No. 1 (each application form for one person with meritorious service)

In case one of the heirs assumes the responsibility of ancestor worship and files for the allowance, attach a power of attorney from the family or clan.

- Submit the application file to the People's Committee at the commune level.

If the person filing for the allowance does not have or no longer has any of the certificates regarding the person with meritorious service, send the application form to the agency or unit managing that person (if they were a former member or party member) before their death to consider issuing a certificate in accordance with Point 4, Section V of this Circular.

b) For the People's Committee at the commune level:

- Review the application file. If it meets the conditions and regulations, prepare a list of dependents of revolutionary meritorious persons entitled to a one-time allowance at the highest rate in the following order: revolutionary veterans, pre-revolutionary activists, those captured and imprisoned by the enemy, and those engaged in the resistance war (Form No. 3).

- Post the list at the office of the People's Committee at the commune level and announce it through the local mass media.

- After 15 days from the date of announcement, the People's Committee at the commune level organizes a meeting of the Implementation Steering Committee of the Ordinance on Preferential Treatment for Revolutionary Meritorious Persons (Recognition Council) to review and conclude on the contents of each application form, approve the recognition record and recommendation (Form No. 2), the list (Form No. 3), and the summary (Form No. 4).

- Complete the list, attach the application forms, certificates, recognition records, and submit them to the People's Committee at the district level (collectively referred to as the district level).

c) For the Social Organization - Labor Department (Social Welfare - Labor Department) at the district level:

- Assist the People's Committee at the district level in receiving, reviewing the application files, lists, and summaries transferred from the commune level; verify cases with issues, notify the commune level about individuals who do not meet the eligibility criteria.

- Prepare the list (Form No. 3) and summary (Form No. 4) for the entire district, attach the application files, and submit them to the People's Committee at the district level for approval and issuance of a letter to the Department of Labor, Invalids, and Social Affairs.

d) For the Department of Labor, Invalids, and Social Affairs:

- Examine the application files for allowances of each individual.

- Coordinate with the Party Organization Committee of the Provincial or Municipal Party Committee, the Standing Committee for Commendation and Reward to inspect and conclude on cases with issues according to the management category or return them to the People's Committee at the district level for reconsideration.

- Prepare two lists (Form No. 3) and five summaries (Form No. 4) of cases eligible for allowances.

- Report to the People's Committee of the province or city the results of the recommendation for one-time allowances and send three summaries attached to the recommendation letter to the Ministry of Labor, Invalids, and Social Affairs for coordination with the Ministry of Finance to allocate funds.

- Organize the direct payment according to the list to the dependents of revolutionary meritorious persons after receiving the notification of fund allocation. Implement settlement and management of application files and lists of dependents receiving allowances in accordance with current regulations.

V. IMPLEMENTATION

1. The People's Committees of provinces and centrally-administered cities shall instruct the Department of Labor, Invalids, and Social Affairs and related agencies to widely and regularly promote and organize guidance and implementation of the provisions of Government Decree No. 59/2003/NĐ-CP dated June 4, 2003, and this Circular.

2. One-time allowances for dependents of revolutionary meritorious persons under this Circular shall be implemented as follows:

a) Revolutionary meritorious persons who have certificates confirming they meet the conditions and standards; and dependents of revolutionary meritorious persons who are eligible for allowances shall concentrate on completing declarations, preparing lists, examining, and disbursing one-time allowances.

b) Persons currently being verified and considered for supplementary documents to confirm they are revolutionary meritorious persons; and dependents of revolutionary meritorious persons filing for allowances who have issues shall be listed separately by the People's Committee at the commune level for continued resolution.

3. The Departments of Labor, Invalids, and Social Affairs of provinces and centrally-administered cities shall be responsible for guiding, inspecting, and implementing the use of original files and materials on martyrs and dependents receiving allowances related to confirmation and implementation of the provisions of this Circular, avoiding errors, confusion, and duplication; when discovering cases of false claims to obtain benefits, report to competent authorities for legal action and promptly recover the allowances already granted.

4. Agencies and units (including those under the Ministry of National Defense and the Ministry of Public Security) currently managing files of cadres, military personnel, police officers, workers, civil servants, and deceased party members before January 1, 1995, if such persons meet the conditions and standards defined in Section I of this Circular, shall, upon request by dependents (with attached application forms), consider issuing certificates for dependents to apply for one-time allowances at their place of residence. In cases with issues, coordinate with the Department of Labor, Invalids, and Social Affairs in the same locality to examine and conclude.

5. This Circular takes effect fifteen days from the date of publication in the Official Gazette;

During the implementation process, if there are issues, please reflect them to the Ministry of Labor, Invalids, and Social Affairs for consideration and resolution.