Circular No. 05/2013/TT-BLDTBXH provides guidance on procedures for establishing files, managing files, and implementing preferential policies for persons who have rendered meritorious services to the revolution and their dependents.

 

CIRCULAR

Guidelines on procedures for establishing files, managing files, and implementing preferential policies for persons who have contributed to the revolution and their dependents

 and dependents 

_____________________________

 

Pursuant to Decree No. 106/2012/NĐ-CP dated December 20, 2012, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;

Pursuant to Decree No. 31/2013/NĐ-CP dated April 9, 2013 of the Government detailing and guiding the implementation of certain provisions of the Ordinance on Preferential Treatment for Those Who Have Contributed to the Revolution.

At the proposal of the Director of the Department of Persons with Meritorious Services;

The Minister of Labor - Invalids and Social Affairs issues this Circular guiding the procedures for establishing files, managing files, and implementing preferential policies for persons who have contributed to the revolution and their dependents,

PART I

PROCEDURES FOR ESTABLISHING FILES

Section 1

PERSONS ENGAGED IN REVOLUTIONARY ACTIVITIES PRIOR TO

JANUARY 1, 1945

Article 1. Documents for receiving preferential treatment

1. Declaration form of person engaged in revolutionary activities (Form LT1). In case the person engaged in revolutionary activities has died, the representative of the dependent or the person worshipping shall prepare the declaration form (Form LT2) along with the power of attorney (Form UQ).

2. Decision recognizing person engaged in revolutionary activities prior to January 1, 1945 (Form LT3) accompanied by copies of documents serving as grounds for confirmation.

3. Decision on monthly allowance (Form LT4) or decision on one-time allowance (Form LT5).

Section 2

PERSONS ENGAGED IN REVOLUTIONARY ACTIVITIES FROM JANUARY 1, 1945 TO AUGUST 1945

Article 2. Documents for receiving preferential treatment

1. Declaration form of person engaged in revolutionary activities (Form TKN1).

In case the person engaged in revolutionary activities has died, the representative of the dependent or the person worshipping shall prepare the declaration form (Form TKN2) along with the power of attorney (Form UQ).

2. Decision recognizing person engaged in revolutionary activities from January 1, 1945 to August 1945 (Form TKN3) accompanied by copies of documents serving as grounds for confirmation.

3. Decision on monthly allowance (Form TKN4) or decision on one-time allowance (Form TKN5).

Section 3

MARTYRS AND DEPENDENTS OF MARTYRS

Article 3. Documents for confirming martyrs

1. Death certificate (Form LS1).

2. Documents serving as grounds for issuing the death certificate.

Article 4. Grounds for issuing the death certificate

1. In cases of death as specified in Point a, b Clause 1 Article 17 of Decree No. 31/2013/NĐ-CP dated April 9, 2013 (hereinafter referred to as the Decree), there must be a confirmation document of the death issued by the competent authority of the unit after:

a) For military personnel, defense workers who died, confirmed by the head of battalion or equivalent level;

b) For public security officers who died, confirmed by the head of public security at district level or equivalent level;

c) For personnel of central agencies, confirmed by the head of department or equivalent level;

d) For other cases not covered under Points a, b, and c of this Clause, confirmed by the Chairman of the People's Committee at commune level.

2. In cases of death as specified in Point c Clause 1 Article 17 of the Decree, there must be:

a) Decision on performing international duty issued by the head of the competent agency or unit;

b) Confirmation document of the death issued by the head of the direct management agency or unit.

3. In cases of death as specified in Point d Clause 1 Article 17 of the Decree, there must be one of the following documents:

a) Conclusion of the investigation agency;

b) In cases where the perpetrator cannot be identified, there must be a decision to initiate a criminal case or a decision to temporarily suspend the investigation of the case;

c) In cases where the perpetrator has fled or their residence cannot be determined, there must be a warrant for the arrest of the suspect;

d) In cases of prolonged trial, there must be a decision on extending the investigation period;

đ) In cases where the person committing dangerous acts for society does not have criminal responsibility capacity or has not reached the age of criminal responsibility or has died, there must be one of the following documents: Decision not to initiate a criminal case, decision to revoke the decision to initiate a criminal case, decision to terminate the investigation of the case.

4. In cases of death as specified in Point đ Clause 1 Article 17 of the Decree, there must be a record of occurrence of the incident issued by the direct management agency or unit of the deceased.

5. In cases of death as specified in Point e Clause 1 Article 17 of the Decree, there must be a record of occurrence of the incident issued by the direct management agency or unit of the deceased or the People's Committee at commune level where the incident occurred.

6. In cases of death as specified in Point g Clause 1 Article 17 of the Decree, there must be a confirmation document of the death and a confirmation document of performing national defense and security duties in areas with extremely difficult socio-economic conditions according to the law issued by the head of the direct management agency or unit.

7. In cases of death as specified in Point h Clause 1 Article 17 of the Decree, there must be:

a) Decision or document assigning the task of searching for and collecting remains of martyrs issued by the head of the competent agency or unit;

b) Record of occurrence of the incident issued by the head of the search team.

8. In cases of death as specified in Point i Clause 1 Article 17 of the Decree:

a) War invalids with a disability rate of 81% or higher must have a confirmation document of death due to recurrence of war injuries from a medical facility along with the war invalid file;

b) War invalids with a disability rate of 61% to 80% must have a copy of the medical record and a death review report due to recurrence of war injuries from the director of a provincial-level hospital or higher along with the war invalid file.

9. In cases of missing or disappearance as specified in Point k Clause 1 Article 17 of the Decree, there must be a verification form (Form LS2) issued by the competent authority under the Ministry of National Defense or the Ministry of Public Security.

In cases of missing or disappearance from January 1, 1990 onwards in the cases specified in Points a, b, c, d, đ, e, and g Clause 1 Article 11 of the Ordinance on Preferential Treatment for Persons Contributing to the Revolution, in addition to the verification form and corresponding documents as stipulated in Clauses 1, 2, 3, 4, 5, and 6 of this Article, there must also be a court decision declaring death according to the Civil Code.

10. In cases of death as specified in Point l Clause 1 Article 17 of the Decree, there must be:

a) Record of occurrence of the incident of the agency or unit directly organizing training or drills along with a copy of the plan or related directive from the competent authority;

b) Decision on assigning the task of combat training or drills for national defense and security issued by the head of the competent agency or unit.

11. Cases of death from December 31, 1994 or earlier, recorded as martyrs in death certificates; Medals; Commendations; Certificates of Medal wearing; Certificates of Commendation wearing; Honor Boards; Family Glory Boards; Martyr lists stored at regiments and equivalent levels; Party histories at commune level and above reviewed and published by authorized Party bodies; annual reports from before 1995 of Party committees stored at authorized Party offices.

Article 5. Procedures for Confirming Martyrs

1. The agency, organization, or unit directly managing the deceased person shall be responsible for establishing and completing the necessary documents in accordance with Article 4 of this Circular and sending them to the competent authority issuing the death certificate as stipulated in Clause 2, Article 18 of the Decree.

In cases where there is loss of contact or disappearance, the representative of the relatives or the person performing ancestral worship shall be responsible for submitting a request for confirmation of martyrdom (Form LS3) along with the documents specified in Clause 9, Article 4 of this Circular to the competent authority issuing the death certificate as prescribed in Clause 2, Article 18 of the Decree.

2. The competent authority issuing the death certificate shall, within fifteen days from the date of receiving complete and valid files, be responsible for: Checking, verifying, issuing the death certificate, and transferring the file confirming martyrdom to the People's Committee of the province or ministries, ministerial-level agencies, or government agencies.

3. The People's Committee of the province, ministries, ministerial-level agencies, or government agencies shall, within ten days from the date of receiving complete and valid files, be responsible for checking and issuing a written request along with the file to the Ministry of Labor, Invalids, and Social Affairs for review.

4. The Ministry of Labor - Invalids and Social Affairs:

a) Within fifteen days from the date of receiving complete and valid files, be responsible for reviewing the file, preparing a report and list for submission.

b) Within ten days from the date of receiving the "Nation Commemorates Merit" Certificate, be responsible for transferring the file along with the "Nation Commemorates Merit" Certificate to the agency that requested the review for return to the agency or unit issuing the death certificate.

5. The agency or unit issuing the death certificate shall, within fifteen days from the date of receiving the "Nation Commemorates Merit" Certificate and the file, be responsible for notifying the relatives of the martyr, organizing a memorial ceremony for the martyr in conjunction with the People's Committee of the commune where the relatives reside, presenting the "Nation Commemorates Merit" Certificate, and then transferring the file confirming martyrdom to the Department of Labor, Invalids, and Social Affairs where the family of the martyr resides to implement benefits.

Article 6. Documents for Receiving Preferential Treatment Benefits for Relatives of Martyrs

1. Death certificate.

2. A copy of the "Nation Commemorates Merit" Certificate.

3. Declaration of the situation of relatives of martyrs (Form LS4) along with the documents specified in Clause 1, Article 7 of this Circular.

4. Decision on issuing a certificate of martyr's family and monthly allowance or decision on a one-time allowance upon death in case the martyr has no relatives (Form LS5).

Article 7. Procedures for Resolving Benefits for Relatives of Martyrs

1. The representative of the relatives of the martyr shall be responsible for preparing a declaration of the situation of relatives, a power of attorney record, and a copy of the "Nation Commemorates Merit" Certificate and sending them to the People's Committee of the commune.

In cases where the relative is a person who has contributed to raising the martyr, a written request from the martyr's family or clan must be provided, confirmed by the People's Committee of the commune.

In cases where the relative is under eighteen years old, an additional copy of the birth certificate must be provided.

In cases where the relative is eighteen years old or older and currently studying, an additional confirmation letter from the educational institution where they are enrolled must be provided; if they are studying at a vocational education institution or university, an additional copy of the high school graduation certificate or a confirmation letter from the high school regarding the end of studies must also be provided.

In cases where the relative is eighteen years old or older and has been severely disabled or extremely severely disabled since childhood, an additional confirmation letter of the level of disability from the Disability Level Determination Council according to the Law on Persons with Disabilities and a medical examination board record of the provincial medical examination council must be provided.

In cases where the relative is eighteen years old or older and has become severely disabled or extremely severely disabled after reaching eighteen years of age without monthly income or with monthly income lower than 0.6 times the standard, an additional confirmation letter of the level of disability from the Disability Level Determination Council and a confirmation letter of income (Form TN) from the People's Committee of the commune and a medical examination board record of the provincial medical examination council must be provided.

In cases where the martyr has no relatives eligible for monthly allowances, the person performing ancestral worship shall prepare a declaration of the situation of relatives, a power of attorney record, and a copy of the "Nation Commemorates Merit" Certificate and send them to the People's Committee of the commune.

2. The People's Committee of the commune shall, within five days from the date of receipt of the declaration, be responsible for:

a) Certifying the declaration of the situation of relatives of martyrs (including cases where relatives receive additional monthly pension support);

b) Sending the documents as specified in Clause 1 of this Article to the Labor, Invalids, and Social Affairs Office.

3. The Labor, Invalids, and Social Affairs Office shall, within five days from the date of receipt of the documents, be responsible for compiling a list and sending the documents as specified in Clause 2 of this Article to the Department of Labor, Invalids, and Social Affairs.

4. The Department of Labor, Invalids, and Social Affairs shall, within ten days from the date of receipt of complete and valid documents, be responsible for issuing a decision on issuing a certificate of the martyr's family and monthly allowance or a decision on a one-time allowance.

In cases where the relative is eighteen years old or older and has been severely disabled or extremely severely disabled since childhood or has become severely disabled or extremely severely disabled after reaching eighteen years of age without monthly income or with monthly income lower than 0.6 times the standard, the Department of Labor, Invalids, and Social Affairs shall refer for medical examination at the provincial medical examination council and base the decision on the examination conclusion.

Article 8. Documents for receiving the allowance for the spouse of烈士配偶再婚或再娶的抚恤制度文件

1. Application form for monthly pension allowance with confirmation from the People's Committee of the residential commune.

2. Family or clan statement of the烈士confirming that they have raised the烈士's children to adulthood or cared for the烈士's parents while they were alive, confirmed by the People's Committee of the residential commune.

3. Copy of the烈士file.

4. Decision on monthly pension allowance (Form LS6).

Article 9. Procedures for handling the allowance for the spouse of烈士who has remarried.

1. The responsible individual shall submit the documents stipulated in Clause 1 and Clause 2 of Article 8 of this Circular to the Department of Labor, Invalids, and Social Affairs of the place of residence.

In cases where the original file of the烈士is managed by another locality, the responsible individual shall prepare an application form requesting a copy of the烈士file along with the documents stipulated in Clause 1 and Clause 2 of Article 8 of this Circular and send them to the Department of Labor, Invalids, and Social Affairs managing the original file.

The Department of Labor, Invalids, and Social Affairs managing the original file shall be responsible for making copies of the file along with the documents stipulated in Clause 1 and Clause 2 of Article 8 of this Circular and sending them to the Department of Labor, Invalids, and Social Affairs of the place of residence of the individual.

2. Within ten days from the date of receipt of all valid documents, the Department of Labor, Invalids, and Social Affairs of the place of residence shall issue a decision on the allowance.

Article 10. Documents for receiving the memorial allowance for烈士

If the烈士no longer has relatives receiving the monthly pension allowance, the person performing the memorial rites shall establish the following documents:

1. Application form (Form LS7).

2. Power of attorney record (Form UQ).

3.烈士file.

4. Decision on memorial allowance for烈士(Form LS8).

Article 11. Procedures for handling the memorial allowance for烈士

1. The person performing the memorial rites for烈士shall be responsible for establishing and submitting to the People's Committee of the residential commune:

a) An application form for receiving the memorial allowance for烈士with confirmation from the People's Committee of the residential commune;

b) Power of attorney record (Form UQ).

2. Within five days from the date of receipt of all valid documents, the People's Committee of the residential commune shall be responsible for checking and compiling a list along with the documents stipulated in Clause 1 of this Article and sending it to the Labor, Invalids, and Social Affairs Office.

3. Within ten days from the date of receipt of all valid documents, the Labor, Invalids, and Social Affairs Office shall be responsible for compiling and listing the documents stipulated in Clause 1 of this Article and sending them to the Department of Labor, Invalids, and Social Affairs.

4. Within fifteen days from the date of receipt of all valid documents, the Department of Labor, Invalids, and Social Affairs shall be responsible for checking and comparing the original file of the烈士under management, issuing a decision on the memorial allowance.

In cases where the original file of the烈士is managed by another locality, the Department of Labor, Invalids, and Social Affairs shall issue a document requesting the transfer of the file to the Department of Labor, Invalids, and Social Affairs managing the original file of the烈士.

5. In cases where the person performing the memorial rites for烈士dies or ceases to perform the memorial rites for烈士, another individual authorized by the烈士's family or clan to perform the memorial rites shall follow the procedures stipulated in Clause 1 of this Article.

Section 4

母亲英雄

Article 12. Documents for receiving preferential treatment benefits

1. Personal declaration form (Form BM1).

In cases where the mother has died, a representative of the relatives or the person performing the memorial rites shall establish a declaration form (Form BM2) along with a power of attorney record (Form UQ).

2. Copy of the Decision on awarding or posthumously awarding the title of "Heroic Mother Vietnam."

3. Decision on monthly subsistence allowance and service allowance (Form BM3) or decision on one-time allowance (Form BM4).

Article 13. Procedures for Resolving Preferential Treatment Regimes

1. In cases of bestowal:

a) The Mother Heroic Vietnam shall fill out a personal declaration form along with a copy of the decision conferring the national honor title "Mother Heroic Vietnam" and send it to the People's Committee of the commune.

The People's Committee of the commune shall be responsible for confirming the declaration within five days from receipt, along with a copy of the decision conferring the title and sending them to the Department of Labor, Invalids, and Social Affairs.

The Department of Labor, Invalids, and Social Affairs shall be responsible for compiling a list along with the personal declaration forms and copies of the decision conferring the title within five days from receipt and sending them to the Department of Labor, Invalids, and Social Affairs of the province.

The Department of Labor, Invalids, and Social Affairs of the province shall be responsible for issuing a monthly subsistence allowance decision and a service attendant allowance decision within ten days from the date of receiving all necessary documents.

b) In cases where the Mother Heroic Vietnam is already receiving a monthly subsistence allowance, the Department of Labor, Invalids, and Social Affairs shall issue a decision to supplement the service attendant allowance.

2. In cases of posthumous bestowal:

a) A representative of relatives or a person who worships the deceased shall fill out a declaration form along with a copy of the decision posthumously conferring the national honor title "Mother Heroic Vietnam" and send it to the People's Committee of the commune;

b) The People's Committee of the commune shall be responsible for confirming the declaration form along with a copy of the posthumous decision and sending them to the Department of Labor, Invalids, and Social Affairs within five days from the date of receiving all necessary documents as stipulated in Point a of this Clause;

c) The Department of Labor, Invalids, and Social Affairs shall be responsible for compiling a list along with the documents specified in Point b of this Clause and sending them to the Department of Labor, Invalids, and Social Affairs of the province within five days from the date of receiving all necessary documents;

d) The Department of Labor, Invalids, and Social Affairs of the province shall be responsible for issuing a one-time allowance decision within ten days from the date of receiving all necessary documents.

3. In cases where the mother has been conferred the title but has died without having enjoyed the preferential treatment regime, a one-time allowance shall be provided to a representative of relatives or a person who worships the deceased, similar to the case of posthumous bestowal.

Section 5

NATIONAL MILITARY HEROES AND LABOR HEROES DURING THE RESISTANCE PERIOD

Article 14. Documents for Enjoying Preferential Treatment Regimes

1. Personal Declaration Form (Form AH1).

In cases where the hero has died without enjoying the preferential treatment regime, a representative of relatives or a person who worships the deceased shall fill out a declaration form (Form AH2) along with a power of attorney record (Form UQ).

2. Copy of the Decision Conferring the Title or Posthumous Decision Conferring the Title or Copy of the Hero Medal.

3. Decision on Monthly Allowance (Form AH3) or Decision on One-Time Allowance (Form AH4).

Article 15. Procedures for Resolving Preferential Treatment Regimes

1. Individuals shall be responsible for filling out a declaration form along with a copy of the decision conferring the title or posthumous decision conferring the title or copy of the Hero Medal and sending it to the People's Committee of the commune.

In cases where the hero is posthumously bestowed or has died without enjoying the preferential treatment regime, a representative of relatives or a person who worships the deceased shall fill out a personal declaration form along with a power of attorney record.

2. The People's Committee of the commune shall be responsible for confirming the declaration form and sending it to the Department of Labor, Invalids, and Social Affairs along with the documents specified in Clause 1 of this Article within five days from the date of receiving all necessary documents.

3. The Department of Labor, Invalids, and Social Affairs shall be responsible for compiling a list and sending it to the Department of Labor, Invalids, and Social Affairs of the province along with the documents specified in Clause 2 of this Article within five days from the date of receiving all necessary documents.

4. The Department of Labor, Invalids, and Social Affairs of the province shall be responsible for issuing a decision on a monthly allowance or one-time allowance within ten days from the date of receiving all valid documents.

Chapter 6

残疾军人、享受与残疾军人相同政策的人

Article 16. Documents for confirmation and settlement of benefits

1. Certificate of injury (Form TB1).

2. Documents serving as basis for issuance of certificate of injury.

3. Medical examination report on disability (Form TB2).

4. Decision on issuance of certificate of war invalid, person entitled to benefits similar to those of war invalids, and monthly disability allowance (Form TB3) or decision on one-time disability allowance (Form TB4).

Article 17. Basis for issuance of certificate of injury

1. A discharge certificate after treatment of the wound and one of the following documents:

a) In cases of injury as stipulated in Points a and b Clause 1 Article 27 of the Decree, there must be a confirmation of the injury case issued by the directly managing agency or unit:

For military personnel and defense workers, it must be confirmed by the battalion commander or equivalent;

For public security officers, it must be confirmed by the head of the county-level public security office or equivalent;

For central agencies, it must be confirmed by the director of the department or equivalent;

For local cases, it must be confirmed by the Chairman of the People's Committee at the commune level.

b) In cases of injury as stipulated in Point d Clause 1 Article 27 of the Decree, there must be:

Decision on performing international duty issued by the head of the competent agency or unit;

Confirmation of the injury case issued by the directly managing agency or unit;

c) In cases of injury as stipulated in Point đ Clause 1 Article 27 of the Decree, there must be one of the following documents:

Conclusion of the investigation agency;

If the perpetrator cannot be identified, there must be a decision to initiate a criminal case or a decision to temporarily suspend the investigation;

If the perpetrator has fled or their residence cannot be determined, there must be a decision to issue a warrant for arrest;

If the case is prolonged, there must be a decision to extend the investigation period;

If the person committing the dangerous act does not have criminal responsibility capacity or has not reached the age of criminal responsibility or has died, there must be one of the following documents: Decision not to initiate a criminal case, decision to revoke the decision to initiate a criminal case, decision to terminate the investigation;

d) In cases of injury as stipulated in Point e Clause 1 Article 27 of the Decree, there must be a record of the incident established by the directly managing agency or unit or the People's Committee at the commune level where the incident occurred;

đ) In cases of injury as stipulated in Point g Clause 1 Article 27 of the Decree, there must be:

Record of the incident by the agency or unit directly organizing training or drills accompanied by a copy of the plan or relevant directive from the competent authority;

Decision assigning combat training or drill tasks for national defense and security purposes by the head of the competent agency or unit;

e) In cases of injury as stipulated in Point h Clause 1 Article 27 of the Decree, there must be a confirmation of the injury case and a confirmation of performing national defense and security duties in areas with extremely difficult socio-economic conditions according to the law issued by the head of the directly managing agency or unit;

g) In cases of injury as stipulated in Point i Clause 1 Article 27 of the Decree, there must be:

Decision or document assigning the task of searching for and collecting martyrs' remains issued by the head of the competent agency or unit;

Record of the incident established by the head of the search team (or squad);

2. In cases of injury as stipulated in Point c Clause 1 Article 27 of the Decree, the issuance of the certificate of injury is based on one of the documents established before December 31, 1994, recording imprisonment and physical injuries: Cadre dossier; party member dossier; military personnel dossier or social insurance benefit dossier.

3. In cases of injury before December 31, 1994, the issuance of the certificate of injury is based on one of the following documents recording physical injuries:

Documents issued when injured: Transfer injury form, transfer hospital form; treatment medical record; discharge certificate; health status form; health book;

Cadre dossier, party member dossier, military personnel dossier established before December 31, 1994;

c) If the cadre dossier, party member dossier, military personnel dossier, health status form, health book established before December 31, 1994 do not record physical injuries (only record injury), the head of the competent agency or unit must issue the certificate of injury based on the results of the physical injury examination by a county-level or equivalent medical facility to issue the certificate of injury.

Article 18. Procedures for Confirmation and Resolution of Benefits

1. Persons injured while serving in the military or police shall be guided on specific procedures based on Articles 16 and 17 of this Circular by the Ministry of National Defense and the Ministry of Public Security.

2. Persons injured who do not fall under the provisions of Clause 1 of this Article

a) The direct managing agency or unit shall be responsible for establishing and completing the necessary documents in accordance with Article 17 of this Circular and sending them to the competent authority for issuance of injury certification as stipulated in Clause 2, Article 28 of the Decree.

In cases of injuries sustained during combat or directly serving in combat prior to December 31, 1994, an individual's application form (Form TB5) must be submitted along with the documents.

b) The head of the agency or unit authorized to issue injury certification shall, within fifteen days from the date of receiving complete valid files, be responsible for reviewing and issuing injury certification, and transferring the file to the Department of Labor, Invalids, and Social Affairs where the injured person resides.

c) The Department of Labor, Invalids, and Social Affairs shall, within fifteen days from the date of receiving complete valid files, be responsible for reviewing the file and referring the injured person to the provincial medical examination board for assessment of the degree of labor capacity reduction due to disability, accompanied by a copy of the injury certification.

d) The Director of the Department of Labor, Invalids, and Social Affairs shall, within ten days from the date of receiving the medical examination report, be responsible for issuing a decision on monthly allowance or lump-sum allowance.

Article 19. Files for Re-examination of Disability Due to Recurrence of Old Wounds

1. Application for re-examination of disability.

2. Copy of hospital records for treatment of recurrent wounds from district-level hospitals or higher, and surgical operation reports if surgery was performed.

3. Report of re-examination of disability by the competent medical examination board.

4. Decision adjusting preferential treatment regime issued by the competent authority.

Article 20. Procedures for Re-examination of Disability Due to Recurrence of Old Wounds and Adjustment of Preferential Treatment Regime

1. War invalids and persons enjoying benefits similar to war invalids (hereinafter referred to collectively as war invalids) shall submit an application for re-examination of disability to the Department of Labor, Invalids, and Social Affairs, along with a copy of the hospital record for treatment of recurrent wounds. If surgery was performed, a surgical operation report must also be attached.

2. The Department of Labor, Invalids, and Social Affairs shall, within fifteen days from the date of receiving all the documents mentioned in Clause 1 of this Article, be responsible for comparing the existing files at the Department, reporting to the Provincial People's Committee to request the Ministry of Labor, Invalids, and Social Affairs (Department of Veterans) for review. The review file includes:

a) Reassessment application for disability;

b) Copy of hospital records for treatment of recurrent wounds from district-level hospitals or higher, and surgical operation reports if surgery was performed;

c) Copy of injury certification;

d) Copies of previous examination reports;

đ) Letter requesting review from the Provincial People's Committee.

3. The Ministry of Labor, Invalids, and Social Affairs shall, within fifteen days from the date of receiving complete valid files as stipulated in Clause 2 of this Article, be responsible for reviewing and returning the results to the Department of Labor, Invalids, and Social Affairs.

4. Within ten days from the date of receiving the review results from the Ministry of Labor, Invalids, and Social Affairs, the Department of Labor, Invalids, and Social Affairs shall refer those cases meeting the conditions (with reviewed files) to the competent medical examination board.

If the last disability examination report was conducted by the medical examination board of the military or police or the provincial medical examination board, it should be referred to the provincial medical examination board.

If the last disability examination report was conducted by the central medical examination board, it should be referred to the central medical examination board.

5. The competent medical examination board shall organize the examination, re-determine the degree of labor capacity reduction due to disability.

6. The Department of Labor, Invalids, and Social Affairs shall, within ten days from the date of receiving the re-examination report of disability, be responsible for issuing a decision to adjust the preferential treatment regime.

7. For war invalids still serving in the military, the procedures for preparing the file shall be guided by the Ministry of National Defense or the Ministry of Public Security. The review file includes the documents mentioned in Points a, b, c, d of Clause 2 of this Article, along with a letter requesting review from the General Political Department of the Ministry of National Defense or the General Department of Building Police Force of the Ministry of Public Security.

The Ministry of Labor, Invalids, and Social Affairs shall, within fifteen days from the date of receiving complete valid files, be responsible for reviewing and returning the results to the requesting agency to refer to the competent medical examination board.

Article 21. Documents and procedures for examination of residual wounds

1. Documents

a) Application for examination of residual wounds;

b) Copy of injury certification;

c) Copies of previous examination records;

d) Results of imaging and diagnosis from district-level hospitals or higher for cases with residual metal fragments in the body;

e) Surgical record from district-level hospitals or higher for cases where foreign objects have been surgically removed.

2. PROCEDURE

a) War invalids submit an application for examination of residual wounds to the Department of Labor, Invalids, and Social Affairs, attaching the documents specified in Points d and e of Clause 2 of this Article if there are residual metal fragments in the body;

b) The Department of Labor, Invalids, and Social Affairs shall, within fifteen days from the date of receipt of all documents mentioned in Point a of this Clause, be responsible for comparing and photocopying the original files currently stored at the Department to introduce to the Medical Examination Board with the authority stipulated in Clause 4 of Article 20 of this Circular;

c) The Department of Labor, Invalids, and Social Affairs shall, within ten days from the date of receiving the re-examination record of disability, issue a decision to adjust preferential benefits;

d) For war invalids who are still serving under the Ministry of Defense and the Ministry of Public Security, they shall guide specifically based on the provisions of Clause 1 of this Article;

Article 22. Documents and procedures for handling benefits for war invalids who are also disabled veterans

1. Documents

a) Application form (Model TB6);

b) Disabled veteran file and war invalid file.

2. PROCEDURE

a) Individuals submit an application according to the model to the Department of Labor, Invalids, and Social Affairs where they reside;

b) The Department of Labor, Invalids, and Social Affairs shall, within fifteen days from the date of receipt of the application, be responsible for comparing the files under management to issue a decision on disability allowance or disabled veteran allowance and send a copy of the file to the Ministry of Labor, Invalids, and Social Affairs (Department of Persons with Merit);

In cases where war invalids who are also disabled veterans were confirmed before December 31, 1994, and had their disabilities re-examined in accordance with regulations from January 1, 1995 to the effective date of this Circular, the final disability examination record can be used to calculate benefits;

Article 23. Documents and procedures for handling benefits for war invalids who are also recipients of reduced labor capacity benefits

1. Documents

a) Application form (Model TB6);

b) War invalid file;

c) Reduced labor capacity benefit file containing one of the following documents:

Decision to retire on reduced labor capacity benefits with confirmation of actual work experience of twenty years or more, or less than twenty years of actual work experience but having fifteen consecutive years of service in the military or public security forces;

Decision to retire on reduced labor capacity benefits pursuant to Resolution 16-HĐBT dated February 8, 1982 of the Council of Ministers;

Examination record separating the percentage reduction in labor capacity due to illness;

Examination record of the percentage reduction in labor capacity to receive reduced labor capacity benefits that has comprehensively assessed the percentage reduction in labor capacity due to both injuries and illnesses, wherein the percentage reduction in labor capacity due to illness is sixty-one percent or more;

2. PROCEDURE

a) Individuals submit an application according to the model to the Department of Labor, Invalids, and Social Affairs where they reside, attaching a copy of the file specified in Point c of Clause 1 of this Article;

b) The Department of Labor, Invalids, and Social Affairs shall, within fifteen days from the date of receipt of the documents specified in Point a of this Clause, be responsible for comparing the files under management to issue a decision on disability allowance and send a copy of the disability file to the Ministry of Labor, Invalids, and Social Affairs (Department of Persons with Merit);

The additional disability allowance benefit period starts from the date the Director of the Department of Labor, Invalids, and Social Affairs issues the decision;

Section 7

DISABLED VETERANS

Article 24. Documents for confirmation and resolution of benefits

1. Certificate of illness (Form BB1).

2. Medical examination report (Form BB2).

3. Decision on issuance of disability certificate and allowances (Form BB3).

Article 25. Basis for issuing certificates of illness

1. For cases currently serving in the military, there must be a discharge certificate after treatment and one of the following documents:

a) In cases prescribed in Points a and b, Clause 1, Article 33 of the Decree: Transfer form, hospital transfer form; copy of Party member history, military personnel history, public security personnel history fully recording work history;

b) In cases prescribed in Point c, Clause 1, Article 33 of the Decree: Confirmation of activity in areas with extremely difficult socio-economic conditions issued by the head of the competent authority based on the file, history, and area of operation;

c) In cases prescribed in Point d, Clause 1, Article 33 of the Decree: Copy of military personnel history, public security personnel history fully recording work history;

d) In cases prescribed in Point đ, Clause 1, Article 33 of the Decree: Decision to assign international duty issued by the head of the competent authority;

đ) In cases prescribed in Point e, Clause 1, Article 33 of the Decree: Incident report established by the directly managing agency or unit;

e) In cases prescribed in Point g, Clause 1, Article 33 of the Decree: Decision or document assigning the task of searching for and collecting烈士遗体;

2. In cases prescribed in Point h, Clause 1, Article 33 of the Decree, the following documents shall be relied upon:

a) One of the documents prescribed in Points a, b, d, Clause 1 of this Article.

If the old disease recurs after discharge leading to mental disorder resulting in loss of capacity, the confirmation shall be based on the certification of the competent authority according to the regulations of the Ministry of National Defense and the Ministry of Public Security;

b) Documents issued during service indicating the presence of the disease accompanied by a medical record of mental treatment due to recurrence of the old disease from provincial-level hospitals or equivalent;

If the old disease recurs after discharge leading to mental disorder resulting in loss of capacity, the basis shall be the medical record of treatment from provincial-level hospitals or equivalent;

c) Discharge decision or discharge decision.

If such decisions are no longer available, a confirmation letter from the People's Military Committee of the district or the competent authority according to the regulations of the Ministry of Public Security shall be required;

d) The People's Committee of the commune where the person resides proposes a request for confirmation of disability (Form BB4).

1. Persons suffering from diseases as prescribed in Points a, b, c, d, đ, e, g, i, Clause 1, Article 33 of the Decree shall be guided specifically by the Ministry of National Defense and the Ministry of Public Security based on Article 25 of this Circular.

2. Persons suffering from diseases as prescribed in Point h, Clause 1, Article 33 of the Decree

a) The person suffering from the disease or their relatives submit a request for benefit resolution along with the documents prescribed in Points a, b, c, Clause 2, Article 25 of this Circular to the People's Committee of the commune;

b) The People's Committee of the commune within 15 days from the date of receipt has the responsibility to verify and establish a request for confirmation of disability with the documents prescribed in Point a of this clause, to be sent to the People's Military Committee of the district or the competent authority according to the regulations of the Ministry of Public Security;

c) The People's Military Committee of the district or the competent authority according to the regulations of the Ministry of Public Security within 15 days from the date of receiving all valid documents prescribed in Point b of this clause, have the responsibility to check and issue a confirmation letter regarding the time served in the military or public security (in case there is no discharge or separation decision); transfer the documents to the competent agency or unit to issue the certificate of illness according to the regulations of the Ministry of National Defense or the Ministry of Public Security;

d) The competent agency or unit according to the regulations of the Ministry of National Defense or the Ministry of Public Security shall issue the certificate of illness and refer to the competent medical examination board;

đ) The competent authority of the Ministry of National Defense or the Ministry of Public Security shall base on the conclusion of the medical examination board to issue a decision on the issuance of the disability certificate and allowances; transfer to the Department of Labor, Invalids and Social Affairs where the disabled person resides to implement preferential policies.

Section 8

PERSONS ENGAGED IN THE RESISTANCE WAR WHO HAVE BEEN EXPOSED TO CHEMICAL WEAPONS

Article 27. Documents for Entitlement to Preferential Treatment for Persons Engaged in Anti-American Resistance Activities Who Were Exposed to Chemical Agents

1. Declaration Form (Form HH1).

2. One of the following documents proving participation in anti-American resistance activities in areas where the US military used chemical agents: Discharge Decision, Separation Order; Document XYZ; Medical Transfer Certificate, Treatment Certificate; other documents proving participation in anti-American resistance activities in areas where the US military used chemical agents established before April 30, 1975.

Copy: Officer's Biography, Party Member's Biography, Military Personnel's Biography, Orders of Merit, War Commendations.

3. Copy of medical records from healthcare facilities authorized by the Ministry of Health, except in the following cases:

a) Persons engaged in anti-American resistance activities who were exposed to chemical agents leading to infertility according to the conclusion of authorized health agencies by the Ministry of Health.

Persons engaged in anti-American resistance activities without a spouse or with a spouse but without children, or those who had children before participating in resistance activities and did not have additional children after returning, now having reached retirement age (female 55 years old, male 60 years old), confirmed by the People's Committee at the commune level;

b) Persons engaged in anti-American resistance activities who were exposed to chemical agents but do not suffer from diseases specified in Point a Clause 2 Article 39 of the Decree, but gave birth to deformed or disabled children, concluded by the authorized Medical Appraisal Board.

4. Medical Appraisal Report of the authorized Medical Appraisal Board concluding that the person suffers from diseases caused by exposure to chemical agents and determining the degree of labor capacity reduction due to illness (Form HH2), except for the cases specified in Points a and b Clause 3 of this Article.

5. Certificate of Illness Caused by Exposure to Chemical Agents (Form HH3) issued by the Director of the Department of Health.

In case of persons currently serving in the military or police, the certificate of illness caused by exposure to chemical agents shall be issued by authorized health agencies according to regulations of the Ministry of National Defense and the Ministry of Public Security.

6. Decision on Issuance of Certificate for Persons Engaged in Anti-American Resistance Activities Who Were Exposed to Chemical Agents and Monthly Allowances (Form HH4).

Article 28. Documents for Entitlement to Preferential Treatment for Children Born to Persons Engaged in Anti-American Resistance Activities Who Were Exposed to Chemical Agents

1. Declaration Form (Form HH1).

2. Copy of Birth Certificate.

3. One of the documents of the father or mother specified in Clause 2 of Article 27 of this Circular.

4. Deformity and Disability Appraisal Report of the authorized Medical Appraisal Board concluding that the deformity or disability is congenital and caused by the influence of chemical agents, with a labor capacity reduction rate of 61% or more (Form HH5).

5. Certificate of Deformity and Disability Caused by the Influence of Chemical Agents issued by the Director of the Department of Health (Form HH6).

6. Decision on Monthly Allowance (Form HH7).

Article 29. Procedures for Confirmation and Resolution of Benefits

1. For persons currently serving in the military or police, the Ministry of National Defense and the Ministry of Public Security shall provide specific guidance based on Article 27 of this Circular.

2. Cases not covered by Clause 1 of this Article:

a) Individuals prepare a declaration along with the documents specified in Clauses 2 and 3 of Article 27 or Clauses 2 and 3 of Article 28 of this Circular and submit them to the People's Committee at the commune level;

b) The People's Committee at the commune level, within 10 days from the date of receipt of the declaration, is responsible for confirming the elements in the declaration, compiling a list of proposed confirmation of persons engaged in anti-American resistance activities who were exposed to chemical agents or their children born to such persons, along with the documents specified in Point a of this Clause, and sending it to the Labor, Invalids, and Social Affairs Office;

c) The Labor, Invalids, and Social Affairs Office, within 10 days from the date of receiving all valid documents, is responsible for reviewing and compiling a list of eligible persons along with the documents specified in Point b of this Clause and sending it to the Department of Labor, Invalids, and Social Affairs;

d) The Department of Labor, Invalids, and Social Affairs, within 10 days from the date of receiving all valid files, is responsible for reviewing the files, introducing (along with copies of the files) to the Provincial Medical Appraisal Board.

In cases of infertility and cases without a spouse or with a spouse but without children, or those who had children before participating in resistance activities and did not have additional children after returning, now having reached retirement age and not suffering from diseases listed in the disease catalog by the Ministry of Health, the Department of Labor, Invalids, and Social Affairs will transfer the file to the Department of Health to issue a certificate of illness caused by exposure to chemical agents.

In cases of giving birth to deformed or disabled children without suffering from diseases listed in the disease catalog by the Ministry of Health, the Department of Labor, Invalids, and Social Affairs will introduce the deformed or disabled child to the Provincial Medical Appraisal Board;

đ) The Provincial Medical Appraisal Board conducts medical examinations, prepares a medical appraisal report, and transfers it to the Department of Health along with the file for issuing a certificate of illness caused by exposure to chemical agents; certificate of deformity and disability caused by the influence of chemical agents;

e) The Department of Health, within 10 days from the date of receiving the file, is responsible for issuing certificates of illness caused by exposure to chemical agents; certificates of deformity and disability caused by the influence of chemical agents and transferring them to the Department of Labor, Invalids, and Social Affairs along with the file;

g) The Department of Labor, Invalids, and Social Affairs, within 10 days from the date of receiving the complete file transferred by the Department of Health, is responsible for issuing decisions on allowances for those who meet the conditions.

Article 30. Allowance and care allowance system for servants serving those who were engaged in the resistance war and exposed to toxic chemicals with a reduction in work capacity of 81% or more, currently receiving monthly allowances.

The Department of Labor, Invalids and Social Affairs shall issue a decision to supplement allowances for those with a reduction in work capacity of 81% or more.

In cases of particularly serious illness: amputation or paralysis of two limbs or more; blindness in both eyes; severe mental illness leading to inability to manage daily life, the Department of Labor, Invalids and Social Affairs shall issue a decision to supplement special monthly allowances.

If living in a family setting, the Department of Labor, Invalids and Social Affairs shall issue a decision to supplement care allowances.

Article 31. System for war invalids and disabled veterans who are also individuals affected by toxic chemicals during the resistance war.

1. War invalids who are also individuals affected by toxic chemicals during the resistance war:

a) If a war invalid meets the conditions to enjoy the system for individuals affected by toxic chemicals during the resistance war, they shall prepare a dossier in accordance with Article 27 of this Circular and receive additional allowances for individuals affected by toxic chemicals during the resistance war based on the percentage of reduced work capacity due to illness.

b) When referring a war invalid for assessment of the percentage of reduced work capacity due to exposure to toxic chemicals, the Department of Labor, Invalids and Social Affairs must clearly state the previously assessed percentage of reduced work capacity due to injury.

c) The total percentage of reduced work capacity due to injury and the percentage of reduced work capacity due to illness shall not exceed 100%. In cases where it exceeds 100%, the percentage of reduced work capacity due to illness serving as the basis for enjoying allowances for individuals affected by toxic chemicals during the resistance war shall be determined by subtracting the percentage of reduced work capacity due to injury from 100%.

d) War invalids who give birth to deformed or disabled children or become infertile shall receive injury allowances and allowances for individuals affected by toxic chemicals during the resistance war with a reduction in work capacity of 41% to 60%.

đ) War invalids who have been receiving allowances for individuals affected by toxic chemicals during the resistance war since before September 1, 2012 shall follow the provisions set out in Point c Clause 6 Article 42 of the Decree.

2. Disabled veterans who are also individuals affected by toxic chemicals during the resistance war as stipulated in Clause 5 Article 26 of the Ordinance:

a) Disabled veterans who develop additional illnesses due to exposure to toxic chemicals shall be referred by the Department of Labor, Invalids and Social Affairs for a comprehensive assessment to receive disabled veteran allowances according to Point a Clause 5 Article 26 of the Ordinance, starting from the date of the comprehensive assessment conclusion.

b) Disabled veterans who develop additional illnesses due to exposure to toxic chemicals and simultaneously give birth to deformed or disabled children or become infertile shall receive disabled veteran allowances and allowances for individuals affected by toxic chemicals during the resistance war with a reduction in work capacity of 41% to 60%; in cases where there is a desire to receive allowances according to Point a of this Clause, the Department of Labor, Invalids and Social Affairs shall refer them for a comprehensive assessment to receive disabled veteran allowances.

In cases where the illness serving as the basis for resolving the disabled veteran system is also the illness serving as the basis for resolving the system for individuals affected by toxic chemicals during the resistance war, they may choose to enjoy one of the two systems.

Article 32. Procedures for recommending persons who participated in the resistance movement and were exposed to toxic chemicals for medical examination in accordance with Point c Clause 6 Article 42 of the Decree.

1. The subject making the application for medical examination shall submit it to the Department of Labor, Invalids and Social Affairs at their place of residence.

2. Within thirty days from the date of receipt of the application, the Department of Labor, Invalids and Social Affairs shall check, extract the relevant records from the file (Form HS4), and recommend the person for medical examination by the Provincial Medical Examination Board. The extracted record and the recommendation letter from the Department shall only include diseases listed in the medical records or those confirmed by healthcare facilities at the commune level or higher.

3. Within ten days from the date of receiving the examination results, the Department of Labor, Invalids and Social Affairs shall issue a decision to adjust the allowance.

In case the Provincial Medical Examination Board concludes that the person does not have a disease or the disability rate is less than twenty-one percent, the Department of Labor, Invalids and Social Affairs shall issue a decision to stop the allowance.

4. The procedure for recommending medical examinations as stipulated in this Article shall be completed before December 31, 2014.

Section 9

PERSONS ENGAGED IN REVOLUTIONARY ACTIVITIES OR RESISTANCE WARS WHO WERE CAPTURED AND EXILED BY THE ENEMY

Article 33. Documents for confirmation and settlement of benefits

1. In cases where a one-time allowance has been received:

a) Personal declaration form (Form TD1);

b) File or decision on one-time allowance;

c) Decision on monthly allowance (Form TD4).

2. In cases where a one-time allowance has not yet been received:

a) Personal declaration form (Form TD2).

In cases where a revolutionary or resistance participant was captured and imprisoned by the enemy and died without having received preferential treatment for revolutionary or resistance participants captured and imprisoned by the enemy, a representative of the family shall prepare a declaration form (Form TD3);

b) A copy of one of the following documents: Officer's Record, Party Member's Record (prepared on or before January 1, 1995); social insurance benefit file confirming the place and duration of imprisonment;

c) Decision on monthly allowance (Form TD4) or decision on one-time allowance (Form TD5).

Article 34. Procedures for confirmation and settlement of benefits

1. In cases where a one-time allowance has been received:

a) Individuals shall prepare a declaration form and submit it to the People's Committee of the commune where they reside;

b) The People's Committee of the commune shall, within five days from the date of receipt of the declaration form, be responsible for verifying and preparing a list along with the declaration form to send to the Department of Labor, Invalids and Social Affairs;

c) The Department of Labor, Invalids and Social Affairs shall, within ten days from the date of receipt of all required documents, be responsible for checking and preparing a list along with the documents specified in Point b of this Clause to send to the Department of Labor, Invalids and Social Affairs;

d) The Department of Labor, Invalids and Social Affairs shall, within fifteen days from the date of receipt of all required documents as specified in Point c of this Clause, be responsible for checking, reviewing, and cross-referencing the file or decision on one-time allowance to issue a decision on monthly allowance.

In cases where a person previously captured and imprisoned by the enemy had already received a one-time allowance and now resides in another locality, they must go through the procedure to transfer the file or decision on one-time allowance to the Department of Labor, Invalids and Social Affairs at their current place of residence to process the monthly allowance.

2. In cases where a one-time allowance has not yet been received:

a) Individuals shall prepare a declaration form (in cases where a revolutionary or resistance participant captured and imprisoned by the enemy has died, a representative of the family shall prepare the declaration form along with a power of attorney) and submit it to the People's Committee of the commune together with a copy of the documents specified in Point b of Clause 2 of Article 33 of this Circular;

b) The People's Committee of the commune shall, within five days from the date of receipt of all valid documents, be responsible for checking, verifying the declaration form, and preparing a list along with the documents specified in Point a of this Clause to send to the Department of Labor, Invalids and Social Affairs;

c) The Department of Labor, Invalids and Social Affairs shall, within ten days from the date of receipt of all documents, be responsible for checking, preparing a list, and sending the documents specified in Point b of this Clause to the Department of Labor, Invalids and Social Affairs;

d) The Department of Labor, Invalids and Social Affairs shall, within fifteen days from the date of receipt of all documents specified in Point c of this Clause, be responsible for checking and issuing a decision on monthly allowance or one-time allowance.

Section 10

PERSONS ENGAGED IN RESISTANCE WARS FOR NATIONAL LIBERATION, DEFENSE OF THE COUNTRY, AND INTERNATIONAL DUTIES

Article 35. Documents for resolving preferential treatment regimes

1. Personal declaration form (Form KC1).

2. A copy of one of the following documents: War Merit Medal, War Merit Commendation Medal, Victory Medal, Victory Commendation Medal, Certificate of recognition for outstanding achievements in the resistance war and actual time of resistance activities issued by the Commendation and Reward Office at the district level.

3. Decision on one-time allowance (Form KC2).

Article 36. Procedures for resolving preferential treatment regimes

1. Individuals engaged in the resistance war shall prepare a declaration along with the documents specified in Clause 2 of Article 35 of this Circular and submit it to the People's Committee of the commune.

2. The People's Committee of the commune shall, within five days from the date of receipt of all documents, be responsible for checking, confirming the declaration, and preparing a list with the documents specified in Clause 1 of this Article to send to the Department of Labor, Invalids, and Social Affairs.

3. The Department of Labor, Invalids, and Social Affairs shall, within ten days from the date of receipt of all documents, be responsible for checking and preparing a list with the documents specified in Clause 2 of this Article to send to the Department of Labor, Invalids, and Social Affairs of the province.

4. The Department of Labor, Invalids, and Social Affairs of the province shall, within ten days from the date of receipt of all documents, be responsible for checking and issuing a decision on one-time allowance.

Section 11

PERSONS WITH MERIT IN ASSISTING THE REVOLUTION

Article 37. Documents for resolving preferential treatment regimes

1. Personal declaration (Form CC1).

2. A copy of one of the following documents: Certificate of the Commemorative Medal "Nation Records Merit", Certificate "Contributed to the Country", War Merit Medal, War Merit Commendation Medal, Award Decision.

3. Decision on monthly allowance (Form CC2) or Decision on one-time allowance (Form CC3).

Article 38. Procedures for resolving preferential treatment regimes

1. Individuals shall prepare a declaration along with the documents specified in Clause 2 of Article 37 of this Circular and submit it to the People's Committee of the commune.

In cases where individuals who have contributed to the revolution are listed in the commendation file but not named in the Certificate "Contributed to the Country", War Merit Medal, or War Merit Commendation Medal of their family, they must attach a confirmation letter from the Commendation and Reward Office at the district level.

In cases where the Commemorative Medal "Nation Records Merit" or Certificate "Contributed to the Country" or War Merit Medal, War Merit Commendation Medal is awarded to a family with multiple names listed, each person must prepare a separate set of documents.

2. The People's Committee of the commune shall, within five days from the date of receipt of all valid documents, be responsible for checking, confirming, and preparing a list with the documents specified in Clause 1 of this Article to send to the Department of Labor, Invalids, and Social Affairs.

3. The Department of Labor, Invalids, and Social Affairs shall, within ten days from the date of receipt of all documents, be responsible for checking and preparing a list with the documents specified in Clause 2 of this Article to send to the Department of Labor, Invalids, and Social Affairs of the province.

4. The Department of Labor, Invalids, and Social Affairs shall, within ten days from the date of receipt of all documents, be responsible for checking and issuing a decision on monthly allowance or one-time allowance.

Section 12

OTHER DOCUMENTS

Article 39. Documents and procedures for funeral expenses and one-time allowance

1. Documents

a) Declaration of the representative of the relatives (with power of attorney attached) or the person organizing the funeral (Form TT1);

b) Death certificate;

c) Documents of individuals who have contributed to the revolutionary cause;

d) Decision on allowance and funeral expenses settlement (Form TT2).

2. PROCEDURE

a) The representative of the relatives or the person organizing the funeral shall be responsible for preparing a declaration along with a copy of the death certificate and submitting it to the People's Committee of the commune;

b) The People's Committee of the commune shall, within five days from the date of receipt of all documents specified in Point a of this Clause, be responsible for confirming the declaration and sending it to the Department of Labor, Invalids, and Social Affairs along with the required documents;

c) The Department of Labor, Invalids, and Social Affairs shall, within ten days from the date of receipt of all documents, be responsible for checking, preparing a reduction report, and compiling a list to send to the Department of Labor, Invalids, and Social Affairs of the province;

d) The Department of Labor, Invalids, and Social Affairs of the province shall, within ten days from the date of receipt of all documents specified in Point c of this Clause, be responsible for matching the documents of individuals under management with the proposed documents for funeral expenses and one-time allowance and issuing a decision.

Article 40. Documents and procedures for processing monthly pension assistance when persons with meritorious service pass away

1. Documents

a) Declaration form of the dependents of deceased persons with meritorious service (Form TT1);

b) Copy of Death Certificate;

c) Documents of individuals who have contributed to the revolutionary cause;

d) Decision on assistance (Form TT2).

2. PROCEDURE

a) The dependents of persons with meritorious service are responsible for preparing a declaration of their situation to be submitted to the People's Committee at the commune level along with a copy of the Death Certificate.

In cases where the dependents are under 18 years old, an additional copy of the Birth Certificate must also be provided.

In cases where the relative is eighteen years old or older and currently studying, an additional confirmation letter from the educational institution where they are enrolled must be provided; if they are studying at a vocational education institution or university, an additional copy of the high school graduation certificate or a confirmation letter from the high school regarding the end of studies must also be provided.

In cases where the dependents are aged 18 or older and have severe disabilities or extremely severe disabilities from childhood, an additional certificate confirming the degree of disability issued by the Disability Assessment Council must also be provided.

In cases where the dependents are aged 18 or older and have severe or extremely severe disabilities acquired after reaching 18 years of age, and who do not have monthly income or whose monthly income is less than 0.6 times the standard amount, an additional certificate confirming the degree of disability issued by the Disability Assessment Council and a certificate confirming income (Form TN) issued by the People's Committee at the commune level must also be provided.

b) The People's Committee at the commune level shall, within five days from the date of receipt of the declaration and accompanying documents, be responsible for certifying the situation of the dependents (including cases where the dependents are entitled to additional monthly pension support) and sending the documents specified in Point a of this Clause to the Department of Labor, Invalids and Social Affairs;

c) The Department of Labor, Invalids and Social Affairs shall, within ten days from the date of receipt of all documents, be responsible for compiling a list of cases eligible for monthly pension assistance and submitting it to the Department of Labor, Invalids and Social Affairs along with the documents specified in Points a and b of this Clause;

d) The Department of Labor, Invalids and Social Affairs shall, within ten days from the date of receipt of the documents specified in Point c of this Clause, be responsible for cross-checking and merging the files of persons with meritorious service under management with the application files for pension, and issuing a decision on assistance.

In cases where a war invalid dies due to a recurrence of wounds and is recognized as a烈士，则劳动和社会事务局将出具确认烈士家庭的决定，并发放抚恤金，支付符合条件的家属之间的差额。

Article 41. Procedures for purchasing health insurance

1. Persons eligible to purchase health insurance shall prepare a declaration (Form BH1 or Form BH2) and submit it to the People's Committee at the commune level:

a) Persons with meritorious service and their dependents receiving monthly assistance;

b) Persons with meritorious service eligible for one-time assistance; (in this case, a copy of the Medal of Resistance, Resistance Medal; Medal of Victory, Victory Medal must also be attached);

c) Dependents not eligible for monthly assistance from Martyrs, Heroes of the People's Armed Forces, Heroes of Labor during the resistance period; war invalids, disabled veterans, persons affected by toxic chemicals in the resistance struggle with a reduced ability to work of 61% or more;

d) Persons serving Heroic Mothers of Vietnam; war invalids, disabled veterans, persons affected by toxic chemicals in the resistance struggle with a reduced ability to work of 81% or more.

2. The People's Committee at the commune level shall, within five days from the date of receipt of the documents specified in Clause 1 of this Article, be responsible for verifying the declaration, compiling a list of applications for local health insurance cards to be sent to the Department of Labor, Invalids and Social Affairs.

3. The Department of Labor, Invalids and Social Affairs shall, within ten days from the date of receipt of all documents specified in Clause 2 of this Article, be responsible for checking the eligibility of persons for health insurance, ensuring the principle of no duplicate issuance of health insurance cards; compiling a list of applications for health insurance cards to be transferred to the Department of Labor, Invalids and Social Affairs.

4. The Department of Labor, Invalids and Social Affairs shall, within fifteen days from the date of receipt of all documents specified in Clause 3 of this Article, be responsible for reviewing and processing the purchase of health insurance.

Article 42. Delegation to Receive Allowances and Subsidies

Those who are entitled to allowances and subsidies for meritorious service or their dependents, if unable to directly receive such allowances and subsidies, must establish a power of attorney confirmed by the People's Committee of the commune where they reside.

In cases where those who are entitled to allowances and subsidies are residing abroad, they must establish a power of attorney confirmed by the diplomatic agency or consulate of Vietnam in the country of residence.

The power of attorney shall be valid for three months for those entitled to allowances and subsidies or their dependents currently residing within the country, and six months for those residing abroad.

Upon expiration of the delegation period, within a maximum of three months without a new power of attorney, the Department of Labor, Invalids and Social Affairs shall issue a decision to temporarily suspend the allowance regime.

Article 43. Procedures for Handling Cases of False Declarations or Forgery of Documents to Obtain Preferential Treatment

Those who forge or make false declarations on documents to obtain preferential treatment or additional benefits for persons with meritorious service shall be subject to handling according to Article 43 of the Ordinance on Preferential Treatment for Persons with Meritorious Service.

Upon discovering signs of false declaration or forgery, the Department of Labor, Invalids and Social Affairs shall issue a decision to temporarily suspend the preferential treatment regime and conduct verification and conclusion, or issue a document requesting relevant agencies or units to verify and conclude on the establishment of files for persons with meritorious service.

If the conclusion is that the individual has made false declarations or forged documents, the Department of Labor, Invalids and Social Affairs shall issue a decision to terminate the regime, recover improperly enjoyed benefits, request relevant agencies or units to revoke issued documents, and transfer the case to related agencies for handling under current laws.

Article 44. Documentation and Procedures for Reinstatement of Preferential Treatment Regime for Persons with Meritorious Service or Their Dependents Whose Preferential Treatment Has Been Temporarily Suspended

1. In cases where the preferential treatment regime was temporarily suspended and upon verification and conclusion, it is determined that there were no false declarations or forgery of documents, the Department of Labor, Invalids and Social Affairs shall issue a decision to reinstate the regime from the date of the temporary suspension decision.

2. In cases where persons with meritorious service or their dependents have been convicted and completed their sentences, the documentation and procedures shall be as follows:

a) The person with meritorious service or their dependent shall submit a request for reinstatement of the regime (Form C) along with documents proving completion of the sentence to the Department of Labor, Invalids and Social Affairs;

b) Within ten days from the date of receipt of all required documents as stipulated in Point a of this Clause, the Department of Labor, Invalids and Social Affairs shall issue a decision to implement the preferential treatment regime from the date of completion of the sentence.

3. In cases where persons with meritorious service or their dependents have illegally left the country and now return to reside in the country, the documentation and procedures shall be as follows:

a) The person with meritorious service or their dependent shall submit a request for reinstatement of the regime (Form C) to the Department of Labor, Invalids and Social Affairs managing the file;

b) Within ten days from the date of receipt of the application, the Department of Labor, Invalids and Social Affairs shall issue a decision to implement the preferential treatment regime starting from the month immediately following the month of receipt of the application.

4. In cases where persons with meritorious service or their dependents have moved away from the locality without transferring their files and now request to continue enjoying the regime, the documentation and procedures shall be implemented as follows:

a) The person with meritorious service or their dependent shall submit a request for reinstatement of the regime (Form C) to the Department of Labor, Invalids and Social Affairs managing the file;

b) Within ten days from the date of receipt of the application, the Department of Labor, Invalids and Social Affairs shall issue a decision to implement the preferential treatment regime starting from the month immediately following the month of receipt of the application.

Article 45. Number of files and time limit for processing

1. Types of files stipulated in this Circular shall be established in one set.

2. The time limit for examining files and settling benefits shall be calculated based on working days. Within the time limit specified in the Circular, if the file does not meet the conditions for examination and settlement, the agency handling the file must issue a written response stating the reasons.

Chapter II

MANAGEMENT OF FILES OF PERSONS WITH CONTRIBUTIONS TO THE REVOLUTION

Article 46. File Codes

The file code is recorded in the top right corner, written in uppercase letters. The local code is recorded first, followed by a slash, then the code of each type of file for the subject, followed by the local management number and the period code (Annexes I and II).

Article 47. Management of Files

1. The Ministry of National Defense and the Ministry of Public Security are responsible for managing the files of persons with contributions to the revolution who are currently serving.

2. The Ministry of Labor, Invalids and Social Affairs is responsible for storing:

a) Decisions of

b) Extracts from the files of martyrs, wounded veterans, disabled veterans, and persons affected by toxic chemicals during the resistance war.

3. The Provincial Department of Labor, Invalids, and Social Affairs shall be responsible for:

a) Receiving, registering, managing, and storing files of persons with contributions at the place of permanent residence and files referred by the military and public security agencies;

b) Preparing and sending extracts from the files of martyrs (Form HS1), wounded veterans (Form HS2), disabled veterans (Form HS3), and persons affected by toxic chemicals during the resistance war (Form HS4) to the Ministry of Labor, Invalids and Social Affairs (Department of Persons with Contributions).

4. Agencies with authority from the Ministry of National Defense, Ministry of Public Security, and Department of Labor, Invalids and Social Affairs report periodically on the situation and number of persons with contributions as of December 31 each year (Form HS8) to the Ministry of Labor, Invalids and Social Affairs (Department of Persons with Contributions) before January 31 of the following year.

Article 48. Amending Personal Information in Files of Persons with Contributions

1. Application Cases

Persons with contributions to the revolution request to amend their surname, given name, middle name; date of birth; place of origin; relatives (collectively referred to as personal information) recorded in the file of persons with contributions to align with household registration documents.

2. Principles for Amending

The agency issuing the document has the authority to amend it.

3. Procedures for Processing

a) For files of persons with contributions managed by the military or public security agencies, follow the guidance of the Ministry of National Defense or the Ministry of Public Security;

b) For cases where the files are managed by the Labor, Invalids and Social Affairs sector, the procedures for processing are as follows:

The person with contributions, relative of a martyr, or relative of a deceased person with contributions submit a request to correct information in the file of persons with contributions (Form HS5) along with supporting documents to the Department of Labor, Invalids and Social Affairs where the original file is managed.

The Department of Labor, Invalids and Social Affairs, within twenty days from receipt of all documents, is responsible for checking and comparing the information and issuing a written document with supporting documents to send to the competent authority for resolution. In case the issuing agency has been dissolved, it sends to the immediate superior agency of that agency for consideration and resolution.

The Department of Labor, Invalids and Social Affairs bases its correction of information in the file of persons with contributions on the correction document issued by the competent authority and notifies the correction of information to the Ministry of Labor, Invalids and Social Affairs (Department of Persons with Contributions).

Article 49. Transfer of Files

1. Conditions for transferring files

a) A person who has rendered meritorious service or a person worshipping烈士或有功人员或祭拜烈士的人变更居住地；

b) The relatives of a person who has rendered meritorious service, currently receiving monthly preferential allowances, may transfer their original file to the new place of residence when they change their place of residence, provided that there are no other relatives of the person who has rendered meritorious service receiving monthly preferential allowances at the original file management location.

In cases where there are other relatives of the person who has rendered meritorious service, currently receiving monthly preferential allowances, at the original file management location, a copy of the file shall be transferred.

2. Documents for transfer

a) Application form for file transfer (Form HS6);

b) Copy of household registration book or long-term temporary residence certificate;

c) Notification of file transfer (Form HS7);

d) Preferential treatment benefit file.

3. Procedures for transferring files

a) Place of departure:

The individual submits an application form for file transfer to the Department of Labor, Invalids and Social Affairs managing the file along with a copy of the household registration book or long-term temporary residence certificate.

Within 15 days from the date of receipt of the application, the Department of Labor, Invalids and Social Affairs is responsible for checking and completing the file transfer documents, ensuring secure delivery via postal service to the Department of Labor, Invalids and Social Affairs at the new place of residence; sending one notification of file transfer to the Bureau of People with Meritorious Service for monitoring and management; sending one notification of file transfer to the individual for their knowledge.

b) Place of arrival:

Within 10 days from the date of receipt of the file, the Department of Labor, Invalids and Social Affairs receiving the file is responsible for:

Notifying the Department of Labor, Invalids and Social Affairs at the place of departure.

Checking the received file, if it complies with regulations, registering the management of the subject and implementing preferential benefits according to regulations.

If the file does not comply with regulations, returning the file along with a letter clearly stating the reasons for non-receipt, requesting the transferring department to check and supplement.

4. All issues regarding benefits and files must be resolved before the transfer. The time for continuing to receive allowances starts from the date of receiving the file.

For war invalids' files confirmed before December 31, 1994 that are incomplete due to loss, the Department of Labor, Invalids and Social Affairs at the place of departure shall send a letter to the Policy Department of the General Political Department, Ministry of National Defense (for military personnel and defense industry workers) or the Policy Department of the General Public Security Force Construction Department, Ministry of Public Security (for public security personnel), requesting copies of the files.

Article 50. Procedures for transferring files of people with meritorious service managed by the military and public security

The competent authority managing the files, as stipulated by the Ministry of National Defense and the Ministry of Public Security, within five days from the date of signing the notification of file transfer, shall ensure the secure delivery of one set of original files along with the notification of file transfer via postal service to the Department of Labor, Invalids and Social Affairs at the place of residence of the subject. All issues regarding benefits or files must be resolved before the transfer.

Upon receipt of the file, the Department of Labor, Invalids and Social Affairs is responsible for checking; if the file does not comply with regulations, returning the file along with a letter clearly stating the reasons for non-receipt, requesting the transferring unit to check and supplement.

For war invalids' files confirmed before December 31, 1994 managed by the military and public security that are incomplete due to loss, the file includes: two copies of the war injury records of the war invalid (according to the current management ledger) signed and stamped by the head of the Policy Department, General Political Department - Ministry of National Defense (for military personnel and defense industry workers) or the head of the Policy Department - General Public Security Force Construction Department, Ministry of Public Security (for public security personnel) instead of the war invalid's file; War Invalid Certificate issued by the military or public security (to be presented when submitting the file to the Department of Labor, Invalids and Social Affairs at the place of transfer); Notification of file transfer.

In cases where a person who has rendered meritorious service, currently receiving monthly allowances paid by the Ministry of National Defense or the Ministry of Public Security, dies, the file management authority shall issue a one-time allowance decision before transferring the file to the Department of Labor, Invalids and Social Affairs at the place of residence of the relative to implement preferential treatment according to regulations.

Article 51. Procedures for Changing or Reissuing the "National Commendation" Certificate.

1. The relatives of martyrs or persons worshipping martyrs shall submit a request form (Form TQ1) to the People's Committee of the commune.

2. Within five days from receipt, the People's Committee of the commune shall be responsible for confirming on the request form, compiling, and sending a list to the Labor, Invalids, and Social Affairs Office.

3. Within five days from the date of receiving the documents specified in Clause 1 and Clause 2 of this Article, the Labor, Invalids, and Social Affairs Office shall be responsible for compiling and sending a list for changing or reissuing the Certificate to the Department of Labor, Invalids, and Social Affairs.

4. Within thirty days from the date of receiving the list, the Department of Labor, Invalids, and Social Affairs shall be responsible for checking and cross-referencing the martyr's file, compiling a list of martyrs with complete information (Form TQ2), and sending it to the Ministry of Labor, Invalids, and Social Affairs (Department of Persons with Merit Accomplishments) along with a letter requesting issuance.

5. Within thirty days from the date of receiving the letter and the list, the Ministry of Labor, Invalids, and Social Affairs shall be responsible for printing the "National Commendation" Certificate and submitting it to the Government Office for approval by the Prime Minister.

The Department of Labor, Invalids, and Social Affairs shall be responsible for receiving the "National Commendation" Certificate from the Department of Persons with Merit Accomplishments and transferring it to the family of the martyr.

Chapter III

IMPLEMENTING PROVISIONS

Article 52. Inspection and Supervision of Recognition and Implementation of Preferential Treatment

1. The Ministry of Labor, Invalids, and Social Affairs shall coordinate with relevant ministries, sectors, agencies, and organizations to develop plans and organize inspections and supervision of recognition and implementation of preferential treatment for persons with merit accomplishments and their relatives.

The Inspectorate of the Ministry of Labor, Invalids, and Social Affairs shall take the lead in developing and organizing the implementation of inspection plans for recognition and implementation of preferential treatment for persons with merit accomplishments and their relatives.

The Department of Persons with Merit Accomplishments shall be responsible for advising, developing plans, and coordinating with related units to inspect the establishment, management, archiving of files, and implementation of preferential treatment for persons with merit accomplishments and their relatives as prescribed by law.

2. At all levels, the People's Committees shall direct the development and implementation of plans for inspections and supervision of recognition and implementation of preferential treatment for persons with merit accomplishments and their relatives.

The Labor, Invalids, and Social Affairs Offices at the same level shall be responsible for advising on the development of inspection and supervision plans and coordinating with related units to implement these plans.

Article 53. Transitional Provisions

1. In cases where individuals affected by Agent Orange who have a reduced work capacity of less than 21%, according to the conclusion of the Medical Appraisal Board, were enjoying benefits prior to June 1, 2013, they shall switch to receiving assistance at the rate corresponding to a reduced work capacity of 21% to 40%.

2. In cases where Heroic Mothers, individuals affected by Agent Orange with a reduced work capacity of 81% or more, individuals involved in revolutionary activities or anti-war activities captured and imprisoned by the enemy before the Ordinance No. 04/2012/UBTVQH13 dated July 16, 2012, of the Standing Committee of the National Assembly amending and supplementing certain articles of the Ordinance on Preferential Treatment for Persons with Merit Accomplishments came into effect, and died from September 1, 2012 onwards but had not yet received service allowance or monthly benefits, the representatives of the relatives may claim back from September 1, 2012 until the date of death of the person with merit accomplishments.

3. In cases where the relatives of martyrs or relatives of persons with merit accomplishments who were receiving monthly pension benefits died from January 1, 2013 onwards but had not yet received the pension benefit as stipulated in Ordinance No. 04/2012/UBTVQH13 dated July 16, 2012, of the Standing Committee of the National Assembly amending and supplementing certain articles of the Ordinance on Preferential Treatment for Persons with Merit Accomplishments, the representatives of the relatives may claim back the difference in benefits from January 1, 2013 until the date of death of the relatives of martyrs or relatives of persons with merit accomplishments who were receiving monthly pension benefits.

Article 54. Effective Date

1. This Circular takes effect from July 1, 2013, and replaces Circular No. 07/2006/TT-BLDTBXH dated July 26, 2006, Circular No. 02/2007/TT-BLDTBXH dated January 16, 2007, Circular No. 25/2007/TT-BLDTBXH dated November 15, 2007, and Circular No. 08/2009/TT-BLDTBXH dated April 7, 2009, issued by the Ministry of Labor, Invalids, and Social Affairs.

2. During the process of implementation, if there are any difficulties, agencies and organizations shall report them to the Ministry of Labor, Invalids, and Social Affairs for consideration and resolution./.