Decree No. 05/2016/NĐ-CP on the regime and policies for relatives of non-commissioned officers and conscript soldiers in the People's Public Security Force

DECREE

Article 24regulating the regime and policies for relatives of non-commissioned officers and conscripts in the People's Police conscripted soldiers in the People's Police

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||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Camendbased on the Law on the People's Police dated July 27, 1This Decree stipulates salaries, fees, and bonuses for managers of joint stock companies with a sole state capital contribution ratio of 100%, including:

At the proposal of the Minister of Public Security,

The Government promulgates this Decree to regulate the regime and policies for relatives of non-commissioned officers and conscripts in the People's Police.

Article 1. Scope of Regulation

This Decree stipulates the emergency hardship allowance regime for relatives of non-commissioned officers and conscripts in the People's Police (hereinafter referred to as non-commissioned officers and conscripts).

Article 2. Applicability

Relatives of non-commissioned officers and conscripts include: biological father, biological mother; father-in-law, mother-in-law or father-in-law, mother-in-law; legal foster parent of spouse; spouse; biological child, legally adopted child of non-commissioned officers and conscripts.

Article 3. Emergency Hardship Allowance Regime

1. Relatives of non-commissioned officers and conscripts who are sick for one month or more, or hospitalized once for seven days or more shall be granted a one-time allowance of VND 500,000 per person.

2. Families of non-commissioned officers and conscripts encountering accidents, fires, natural disasters leading to collapse, drifting, burning of their houses or having to relocate shall be granted a one-time allowance of VND 3,000,000 per person.

The regimes prescribed in Clause 1 and Clause 2 of this Article shall be implemented not more than twice a year for each individual.

3. Relatives of non-commissioned officers and conscripts who have passed away or gone missing shall be granted a one-time allowance of VND 2,000,000 per person.

Article 4. Procedures, Responsibilities, and Implementation Sequence

1. Application Documents

a) A declaration form requesting emergency hardship allowance from non-commissioned officers and conscripts according to the Appendix attached to this Decree and the following documents:

- Discharge certificate or confirmation letter issued by a hospital at district level or higher where the relative of non-commissioned officers and conscripts is being treated, as provided for in Clause 1 of Article 3 of this Decree;

- Confirmation letter issued by the People's Committee of the commune for cases as provided for in Clause 2 of Article 3 of this Decree;

- Death certificate or confirmation letter of the relative of non-commissioned officers and conscripts missing issued by the competent authority for cases as provided for in Clause 3 of Article 3 of this Decree.

b) A request for emergency hardship allowance from the unit directly managing non-commissioned officers and conscripts at battalion level or equivalent.

2. Responsibilities and Implementation Sequence

a) For non-commissioned officers and conscripts

- To fill out the declaration form requesting emergency hardship allowance as prescribed in Point a of Clause 1 of this Article;

- To submit the declaration form and related documents to the unit directly managing non-commissioned officers and conscripts.

b) For the People's Committee of the commune

Within seven working days from the date of receiving the request for confirmation, the People's Committee of the commune has the responsibility to verify and confirm the cases as provided for in Clause 2 of Article 3 of this Decree.

c) For the unit directly managing non-commissioned officers and conscripts

- To receive the declaration forms and related documents submitted by non-commissioned officers and conscripts;

- Within three working days from the date of receiving all application documents, to compile, verify, and propose the competent authority (at Bureau level; provincial or centrally-administered city-level Public Security, Fire Prevention and Fighting Service; detention centers and equivalents under the General Administration of Criminal Enforcement and Legal Aid; regiment level under the Command of Mobile Police Force - collectively referred to as Public Security units and localities) to consider and decide on granting emergency hardship allowance to non-commissioned officers and conscripts;

- To pay the emergency hardship allowance to non-commissioned officers and conscripts upon receipt of the decision of the competent authority.

d) For Public Security units and localities

Within seven working days from the date of receiving all application documents, Public Security units and localities where non-commissioned officers and conscripts are serving shall complete the review and decision-making process for granting emergency hardship allowance. In case of non-eligibility, they must respond in writing and specify the reasons.

Article 5. Funding Implementation

The funds for implementing the emergency hardship allowance regime prescribed in this Decree shall be guaranteed by the State budget in accordance with the laws on the State budget.

Article 6. Effectiveness

This Decree takes effect from March 1, 2016.

Decree No. 87/2013/NĐ-CP dated July 30, 2013 of the Government regulating the regime and policies for families and relatives of non-commissioned officers and conscripts serving on a time-limited basis in the People's Police shall cease to be effective from the date this Decree takes effect.

Article 7. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.