JOINT CIRCULAR No. 05/2011/TTLT-BCA-BTC guiding the implementation of Decree No. 54/2008/NĐ-CP dated April 24, 2008 of the Government on the regime and policies for relatives of non-commissioned officers and soldiers serving with a fixed term in the People's Public Security Force.

JOINT CIRCULAR

Guidelines for Implementing Decree No. 54/2008/NĐ-CP dated April 24, 2008

of the Government on the regime and policies for relatives of non-commissioned officers and soldiers serving with fixed terms in the People's Public Security Forces,policies for relatives of non-commissioned officers,

soldiers serving with fixed terms in the People's Public Security Forces,

____________

Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 54/2008/NĐ-CP dated April 24, 2008 of the Government stipulating the regime and policies for relatives of non-commissioned officers and soldiers serving with fixed terms in the People's Public Security Forces;

To implement Resolution No. 61/NQ-CP dated December 17, 2010 of the Government on simplifying administrative procedures within the scope of the functions of the Ministry of Public Security;

The Ministry of Public Security and the Ministry of Finance hereby issue guidelines for implementing the regime and policies for relatives of non-commissioned officers and soldiers serving with fixed terms in the People's Public Security Forces as follows:

Section I
SCOPE AND OBJECTS

Article 1. Scope and Applicability

1. These Circulars provide guidance on implementing the regime of issuing health insurance cards (BHYT), exemption from school fees, and emergency hardship assistance for the relatives of non-commissioned officers and soldiers serving with fixed terms in the People's Public Security Forces (hereinafter referred to as the relatives of non-commissioned officers and soldiers);

2. Relatives of non-commissioned officers and soldiers include: biological father, mother, or legal guardian; spouse; biological child, legally adopted child; biological father or mother of the spouse; legal guardian of the spouse.

Article 2. Subjects Not Subject to Application

1. The relatives of non-commissioned officers and soldiers (as specified in Clause 2, Article 1, Section I) cease to enjoy the benefits and policies stipulated in these Circulars when the non-commissioned officers and soldiers are discharged from service; become students at public security schools; die or pass away; have their public security title revoked or are returned to their home province.

2. If the relatives of non-commissioned officers and soldiers (as specified in Clause 2, Article 1, Section I) already belong to the mandatory health insurance scheme under the laws on health insurance, they shall not be issued health insurance cards as provided in these Circulars.

PART II
SPECIFIC REGIME

Article 3. Regime of Issuing Health Insurance Cards

1. The relatives of non-commissioned officers and soldiers specified in Clause 2, Article 1, Section I of this Circular who are not subject to mandatory health insurance shall be issued health insurance cards.

The monthly contribution rate for health insurance is 4.5% of the minimum wage set by the Government at the time of purchasing the health insurance card.

2. Procedures for declaring, purchasing, and issuing health insurance cards for the relatives of non-commissioned officers and soldiers:

a) Non-commissioned officers and soldiers with eligible relatives for health insurance cards must declare (using Form No. 01/TK-BHYTTN attached) and submit it to their current workplace.

b) Public security units managing non-commissioned officers and soldiers are responsible for compiling lists (using Forms No. 02/BC-BHYTTN and 03/DS-BHYTTN attached) to purchase and issue health insurance cards for the relatives of non-commissioned officers and soldiers.

c) Health insurance cards for the relatives of non-commissioned officers and soldiers are purchased and issued once corresponding to the period of active service of the non-commissioned officers and soldiers (maximum 36 months).

d) The process of issuing health insurance cards for the relatives of non-commissioned officers and soldiers must be completed within 45 days from the date of enlistment.

3. During the period of active service, if non-commissioned officers and soldiers have eligible relatives for health insurance benefits, the supplementary declaration, purchase, and issuance of health insurance cards for such relatives will follow the provisions of Clause 2, Article 3, Section II above. The validity period of the health insurance card corresponds to the remaining period of active service of the non-commissioned officers and soldiers.

4. In cases where relatives have multiple non-commissioned officers and soldiers serving (including in both the Public Security Forces and the Military), the responsibility for declaring, purchasing, and issuing health insurance cards for the relatives lies with the non-commissioned officer or soldier who enlisted first. When the non-commissioned officer or soldier who enlisted first is no longer eligible (as stipulated in Clause 1, Article 2, Section I of this Circular), the supplementary declaration, purchase, and issuance of health insurance cards for the relatives will be handled by the non-commissioned officer or soldier who enlisted later.

5. In cases where non-commissioned officers and soldiers are discharged from service; become students at public security schools; die or pass away; have their public security title revoked or are returned to their home province, the unit managing the non-commissioned officers and soldiers (from battalion level and below) is responsible for recovering health insurance cards still valid for use by the relatives and returning them to the unit or locality where the health insurance cards were purchased to notify the social insurance agency. For relatives currently using the card for medical treatment at healthcare facilities, the treatment will continue until the end of the treatment period.

Article 4. One-time Hardship Allowance Regime

1. The relatives of non-commissioned officers and soldiers specified in Clause 2, Article 1, Section I of this Circular are entitled to emergency hardship assistance in the following situations:

a) Suffering from accidents or illness lasting one month or more, or requiring hospitalization for 15 days or more, will receive a hardship allowance of 300,000 VND per incident but not exceeding two incidents per year;

b) Having a house destroyed by fire, collapse, heavy damage, flood, or being located in an area that requires relocation due to natural conditions will receive a hardship allowance of 300,000 VND per incident but not exceeding two incidents per year;

c) Death or disappearance will receive a hardship allowance of 600,000 VND per incident.

In cases where multiple relatives of non-commissioned officers and soldiers are eligible for hardship assistance simultaneously, they will receive assistance according to the respective amounts mentioned above.

Example: Comrade Nguyen Van B, a soldier serving with a fixed term at the Provincial Public Security Force L; in June 2008, his family's house was severely damaged by natural disasters, and a relative died. Comrade B's family received hardship assistance as follows: 300,000 VND for the damaged house; 600,000 VND for the deceased relative. The total amount of hardship assistance received is 900,000 VND (nine hundred thousand VND).

2. In cases where a family has multiple non-commissioned officers and soldiers serving with fixed terms, the non-commissioned officer or soldier who enlisted first will handle the declaration for hardship assistance for the relatives. If they enlisted at the same time, the person with the highest rank in the family will be responsible for declaring hardship assistance for the relatives.

3. Procedures for handling emergency hardship assistance:

a) Non-commissioned officers and soldiers who have family members eligible for the subsistence allowance prescribed in Clause 1, Article 4, Section II of this Circular shall be responsible for declaring (in accordance with Form No. 04/TK-TCKKĐX, attached) and providing one of the following documents:

- Confirmation from the People's Committee of the commune, ward, or town where the family resides regarding the extent of damage caused by natural disasters, fire, or accidents, illness lasting one month or more;

- A copy of the "Death Certificate" of the family member (for cases where a family member has passed away) or the "Discharge Certificate" issued by a medical facility (for cases where a family member is being treated at a medical facility);

b) The direct managing unit of non-commissioned officers and soldiers (company or battalion) shall inspect, confirm, and propose to the competent authority to decide on the emergency subsistence allowance.

c) Based on the declaration of non-commissioned officers and soldiers and the aforementioned documents, the Public Security units and localities (at the Bureau level; province or centrally governed city level) where the non-commissioned officers and soldiers are working shall examine and decide on the emergency subsistence allowance for the family members of non-commissioned officers and soldiers as prescribed.

d) The time limit for completing the procedures for granting the emergency subsistence allowance for the family members of non-commissioned officers and soldiers shall not exceed five working days from the date of receiving all required documents.

Article 5. Exemption from Tuition Fees

1. The biological children and legally adopted children of non-commissioned officers and soldiers studying at public preschools and public general education schools are exempt from tuition fees.

2. Procedures for implementing the tuition fee exemption policy

a) Non-commissioned officers and soldiers whose children are entitled to the tuition fee exemption policy shall be responsible for declaring (in accordance with Form No. 05/TK-MHP, attached), reporting to their directly managing unit (company or battalion) for confirmation, and submitting to the regimental level and above units to obtain the "Certificate of Eligibility for Tuition Fee Exemption Policy" for their family members (in accordance with Form No. 06/GCN-MHP, attached);

b) Regimental level units and above shall, based on the declaration and cross-referencing with the curriculum vitae of non-commissioned officers and soldiers, examine and issue the "Certificate of Eligibility for Tuition Fee Exemption Policy" and send it back to the place of residence and study of the children of non-commissioned officers and soldiers.

c) The time limit for completing the procedures for issuing the certificate of eligibility for tuition fee exemption shall not exceed seven working days from the date of receiving all required documents.

3. The families of non-commissioned officers and soldiers are responsible for submitting the "Certificate of Eligibility for Tuition Fee Exemption Policy" to public preschools and public general education schools. These educational institutions shall implement the tuition fee exemption policy for eligible individuals based on the "Certificate of Eligibility for Tuition Fee Exemption Policy" and settle accounts according to the current financial regulations. The period during which children of non-commissioned officers and soldiers enjoy the tuition fee exemption policy shall be calculated from the date of issuance of the "Certificate of Eligibility for Tuition Fee Exemption Policy" until the end of the service term of the non-commissioned officers and soldiers.

4. When the children of non-commissioned officers and soldiers do not meet the conditions for the tuition fee exemption policy (as specified in Clause 1, Article 2, Section I of this Circular), the managing unit of non-commissioned officers and soldiers (regimental level and above) shall be responsible for notifying the locality (where the children of non-commissioned officers and soldiers are studying) to coordinate with public preschools and public general education schools to cease the implementation of the tuition fee exemption policy for the children of non-commissioned officers and soldiers from the date when the non-commissioned officers and soldiers fall under the category specified in Clause 1, Article 2, Section I of this Circular.

Section III
IMPLEMENTATION

Article 6. Public Security units and localities shall be responsible for preparing the budget estimate to ensure the health insurance card issuance and emergency subsistence allowance for the family members of non-commissioned officers and soldiers, to be included in the annual budget estimate of their units and submitted to the Ministry of Public Security, and to implement payment, settlement, and finalization in accordance with the State Budget Law and guiding documents for its implementation in the field of security.

Article 7. The Ministry of Finance shall be responsible for allocating funds in the annual budget estimate of the Ministry of Public Security to implement the emergency subsistence allowance and mandatory health insurance policies for the family members of non-commissioned officers and soldiers as stipulated in this Circular.

Article 8. Provincial People's Committees and centrally governed city People's Committees shall be responsible for directing and organizing the implementation of the tuition fee exemption policy for the children of non-commissioned officers and soldiers within their jurisdiction.

Article 9. The Vietnam Social Security shall be responsible for directing affiliated units to promptly issue health insurance cards to eligible individuals as prescribed in this Circular.

Article 10. The funding for the health insurance card issuance and emergency subsistence allowance for the family members of non-commissioned officers and soldiers shall be guaranteed by the State Budget and included in the annual State Budget estimate of the Ministry of Public Security.

The funding for the tuition fee exemption policy for the children of non-commissioned officers and soldiers shall be guaranteed by the local budget in accordance with the State Budget Law.

Article 11. This Circular shall take effect from September 16, 2011. The Joint Circular No. 04/2009/TTLT-BCA-BTC dated April 14, 2009, of the Ministry of Public Security and the Ministry of Finance guiding the implementation of Decree No. 54/2008/NĐ-CP dated April 24, 2008, of the Government on the regime and policies for the family members of non-commissioned officers and soldiers serving on a fixed-term basis in the People's Public Security is hereby abolished.

During the implementation process, if there are any difficulties, agencies, units, and localities are requested to report to the Ministry of Public Security for consideration and resolution.