Circular No. 07/2006/TT-BLDTBXH guiding on files and procedures for implementing preferential policies for persons who have rendered meritorious service to the revolution.

CIRCULAR

Guidelines on files and procedures for implementation

 of preferential policies for persons who have rendered meritorious service to the revolution

________________ 

Pursuant to Decree No. 54/2006/NĐ-CP dated May 26, 2006 of the Government guiding the implementation of certain Articles of the Ordinance on preferential treatment for persons who have rendered meritorious service to the revolution;

After reaching consensus with relevant agencies, the Ministry of Labor, Invalids, and Social Affairs provides guidance on implementing Clause 1, Article 37 of the Decree as follows:

Part I

PROCEDURES AND FILES, FILE PREPARATION

1. The documents include:

1. 1 Decision recognizing cadres engaged in revolutionary activities prior to January 1, 1945 (Form No. 1-LT1 or Form No. 1-LT2) or decision recognizing persons engaged in revolutionary activities from January 1, 1945 to before the August 19 Revolution in 1945 (Form No. 2-TKN1 or Form No. 2-TKN2 or Form No. 2-TKN3) issued by the Provincial Party Committee Standing Committee, Municipal Party Committee Standing Committee, or Central Party Organization, Party Group, or Central Party Administration Department of Ministries, Sectors, or Mass Organizations.

1. 2 Decision on preferential allowances issued by the Director of the Provincial Department of Labor, Invalids, and Social Affairs (hereinafter referred to as provincial level) where the person engaged in revolutionary activities resides (Form No. 1-LT3 or Form No. 2-TKN4).

1. 3 Allowance certificate issued by the Director of the Provincial Department of Labor, Invalids, and Social Affairs (Form No. 1-LT4 or Form No. 2-TKN5).

2. Responsibilities for preparing the documents:

The Organizational Departments of the Provincial Party Committees, Municipal Party Committees, or Departments of Ministries, Sectors, or Mass Organizations (collectively referred to as organizational departments) shall prepare files for review of cases meeting the conditions based on the guidelines of the Central Organizational Department, submit them to the Provincial Party Committee Standing Committee, Municipal Party Committee Standing Committee, or Central Party Organization, Party Group, or Central Party Administration Department of Ministries, Sectors, or Mass Organizations for issuance of decisions recognizing such persons, transfer them to the Provincial Department of Labor, Invalids, and Social Affairs where the person with merit resides for registration and management, issuance of allowance decisions, preparation of allowance certificates, and implementation of preferential policies.

II. MARTYRS AND RELATIVES OF MARTYRS

1. The documents include:

1. 1 Death certificate (Form No. 3-LS1)

a) Authority to issue death certificates:

- For military personnel, defense workers who died, issued by the Commander of the Regiment or equivalent level or higher.

- For public security personnel, defense workers at the provincial level who died, issued by the Director of the Provincial Public Security Department.

- For personnel under central-level agencies who died, issued by the Minister or equivalent level.

- For personnel under provincial-level agencies who died, issued by the Chairman of the Provincial People's Committee.

- For personnel under district-level agencies, townships, cities under provinces (hereinafter referred to as district level) or communes, wards, towns (hereinafter referred to as commune level) including enterprises operating within their jurisdiction, issued by the Chairman of the District People's Committee.

- For personnel under State Economic Groups, Vietnam General Corporation 91 who died, issued by the General Director of the State Economic Group, General Director of Vietnam General Corporation 91.

b) Basis for issuing death certificates: must be one of the following documents:

- In cases of death as stipulated in Clause 2, Clause 5 of Article 3 of Decree No. 54/2006/NĐ-CP dated May 26, 2006 (hereinafter collectively referred to as the Decree), there must be a Certificate confirming assignment to international missions or mission to collect remains of martyrs issued by the head of the competent agency or unit authorized to assign such tasks.

- In cases of death as stipulated in Clause 3, Clause 4 of Article 3 of the Decree, there must be a Record of Incident issued by the agency managing the deceased or the People's Committee of the commune where the incident occurred. If it involves courageous struggle against criminals, it must be accompanied by a judgment or conclusion of the investigation agency (if not adjudicated).

- In cases of death as stipulated in Clause 5 of Article 3 of the Decree, there must be a Certificate confirming activity in areas with extremely difficult socio-economic conditions issued by the head of the direct managing unit of the deceased:

+ Border Guard Forces by the Border Post Commander.

+ Public Security by the Head of the Public Security Department of the district.

+ Military Personnel by the Military Service Commander of the district.

+ Other cases by the Chairman of the District People's Committee.

- In cases of death as stipulated in Clause 6 of Article 3 of the Decree, there must be a Certificate confirming death due to recurrence of wounds from a medical facility, accompanied by the war invalid file (commonly referred to as war invalids) with a disability rate of 81% or more (not applicable to Class B war invalids).

For war invalids with a disability rate of 21% to 80%, there must be a Medical Record and Death Verification Report due to recurrence of wounds issued by the Director of a provincial-level hospital or higher, accompanied by the war invalid file (not applicable to Class B war invalids).

1. 2 Certificate of relative of martyr (Form No. 3-LS2) issued by the Chairman of the Commune People's Committee.

1. 3 Decision on issuance of certificate of family of martyr and pension (Form No. 3-LS3) issued by the Director of the Provincial Department of Labor, Invalids, and Social Affairs.

1. 4 Pension allowance certificate for relatives of martyrs (Form No. 3-LS4) issued by the Director of the Provincial Department of Labor, Invalids, and Social Affairs.

2. Responsibilities for preparing the documents:

2. 1 Central Ministries, Sectors, State Economic Groups, Vietnam General Corporation 91 (collectively referred to as central agencies), provinces, centrally governed municipalities with deceased personnel are responsible for:

a) Preparing files according to Points 1.1, 1.2 of Clause 1, Section II, Part I of this Circular.

b) Preparing a report (Form No. 3-LS5) along with a list for submission.

c) The National Awards and Honors Board will receive and submit.

d) Agencies with deceased personnel will transfer the "National Honor" Medal along with the martyr's file to the Provincial Department of Labor, Invalids, and Social Affairs where the relative of the martyr resides.

2. 2 Provincial Department of Labor, Invalids, and Social Affairs:

a) Receive files of martyrs transferred from relevant agencies.

b) Issue Decisions on issuance of certificate of family of martyr and pension; prepare pension allowance certificates for relatives of martyrs and store files according to regulations.

c) Transfer the "National Honor" Medal, Decisions on issuance of certificate of family of martyr and pension to the Labor, Invalids, and Social Affairs Office or Civil Affairs and Social Services Office (collectively referred to as Labor, Invalids, and Social Affairs Office) for coordination with the Commune People's Committee to organize funeral arrangements and implement preferential policies.

III. MOTHERS OF HEROIC VETERANS

Implementation files:

The Director of the Department of Labor, War Invalids and Social Affairs shall issue a monthly allowance decision (Form No. 3a-AH) or a one-time allowance decision (Form No. 3b-AH) based on the decision to confer or posthumously confer the title of National Mother Heroine.

IV. HEROES OF THE ARMED FORCES, LABOR HEROES DURING THE RESISTANCE WAR

1. The documents include:

1. 1. A copy of the decision conferring or posthumously conferring the title of Hero or a copy of the Hero Certificate.

1. 2. The decision for a monthly allowance (Form No. 4a-AH) or a one-time allowance (Form No. 4b-AH) issued by the Director of the Department of Labor, War Invalids and Social Affairs.

2. Responsibilities for preparing the documents:

2. 1. The person with meritorious service or their kin (in cases of posthumous conferment) shall fill out a declaration form (Form No. 4c-AH) along with a copy of the decision conferring or posthumously conferring the title of Hero or a copy of the Hero Certificate.

2. 2. The Labor, War Invalids and Social Affairs Office shall accept the file and prepare a list to be sent to the Department of Labor, War Invalids and Social Affairs.

2. 3. The Director of the Department of Labor, War Invalids and Social Affairs shall issue a decision on preferential allowances.

V. DISABLED VETERANS AND PERSONS ENTITLED TO BENEFITS SIMILAR TO THOSE OF DISABLED VETERANS (collectively referred to as disabled veterans)

1. The documents include:

1. 1. Certificate of injury (Form No. 5-TB1):

a) Authority to issue the certificate of injury:

- For military personnel or defense workers injured, the Commander of the Regiment or equivalent authority shall issue.

- For public security personnel or public security workers at the provincial level injured, the Provincial Public Security Director shall issue.

- For those injured under central agencies, the Minister or equivalent authority shall issue.

- For those injured under provincial-level management, the Chairman of the People's Committee of the province shall issue.

- For those injured under district-level agencies (including enterprises located within the district) or village-level agencies, the Chairman of the People's Committee of the district shall issue.

- For those injured under State Economic Groups, Group 91, the General Director of the State Economic Group or Group 91 General Director shall issue.

b) Basis for issuing the certificate of injury: discharge papers after treatment of injuries and one of the following documents:

- In cases of injury as stipulated in Clause 3, Clause 6 Article 11 of the Decree, there must be a Certificate confirming assignment to international missions or mission to collect remains of martyrs issued by the Commander of the Regiment or equivalent authority.

- In cases of injury as stipulated in Clause 4, Clause 5 Article 11 of the Decree, there must be a Record of Incident issued by the managing agency or the People's Committee of the commune where the incident occurred. If it involves bravery in fighting crime, it must be accompanied by a judgment or investigation conclusion (if not adjudicated).

- In cases of injury as stipulated in Clause 6, Article 11 of the Decree, there must be a Certificate confirming activity in areas with extremely difficult socio-economic conditions issued by the Head of the unit directly managing the injured person.

+ Border Guard Forces by the Border Post Commander.

+ Public Security by the Head of the Public Security Department of the district.

+ Military Personnel by the Military Service Commander of the district.

+ Other cases by the Chairman of the District People's Committee.

1. 2. Report on disability assessment by the Medical Appraisal Board:

- For military personnel or public security personnel injured while serving: according to regulations of the Ministry of Defense and the Ministry of Public Security (Form No. 5-TB2a)

- For those injured but not serving in the military or public security: the Provincial Medical Appraisal Board (Form No. 5-TB2b)

1. 3. Decision on issuance of injury certificates and allowances:

- Disabled veterans: according to regulations of the Ministry of Defense and the Ministry of Public Security (Form No. 5-TB3a, Form No. 5-TB3c)

- Persons entitled to benefits similar to those of disabled veterans: issued by the Director of the Department of Labor, War Invalids and Social Affairs (Form No. 5-TB3b, Form No. 5-TB3d)

1. 4. Allowance payment form for disability:

- Disabled veterans: according to regulations of the Ministry of Defense and the Ministry of Public Security (Form No. 5-TB4a)

- Persons entitled to benefits similar to those of disabled veterans: issued by the Director of the Department of Labor, War Invalids and Social Affairs (Form No. 5-TB4b)

2. Responsibilities for preparing the documents:

2. 1. Military personnel or public security personnel injured while serving:

a) The competent authority issuing the certificate of injury shall introduce the injured person for disability assessment.

b) The Medical Appraisal Board shall base its assessment on the certificate of injury to determine the degree of loss of working capacity.

c) The competent authority, according to regulations of the Ministry of Defense and the Ministry of Public Security, shall base its decision on the report of disability assessment to issue the disabled veteran certificate and allowance, issue the disabled veteran allowance payment form, and implement preferential policies.

2. 2. Those injured but not serving in the military or public security:

a) The competent authority issuing the certificate of injury shall transfer the file to the Department of Labor, War Invalids and Social Affairs where the injured person resides.

b) The Department of Labor, War Invalids and Social Affairs shall accept the file and introduce the injured person for disability assessment.

c) The Provincial Medical Appraisal Board shall base its assessment on the certificate of injury to determine the degree of loss of working capacity.

d) The Director of the Department of Labor, War Invalids and Social Affairs shall base his decision on the report of disability assessment to recognize persons entitled to benefits similar to those of disabled veterans, issue the allowance payment form, and implement preferential policies.

VI. MEDICAL DISABLED PERSONS

1. The documents include:

1. 1. Certificate of illness (Form No. 6-BB1):

a) Authority to issue the certificate of illness: as stipulated for issuing the certificate of injury for military personnel and public security personnel in Section a, Point 1.1, Clause 1, Section V, Part I of this Circular.

b) Basis for issuing the certificate of illness: must have discharge papers after treatment and one of the following documents:

- As stipulated in Clause 1 Article 17 of the Decree: Certificate confirming assignment to collect remains of martyrs issued by the Commander of the Regiment or equivalent authority.

- As stipulated in Clause 2, Clause 3 Article 17 of the Decree: Certificate confirming activity in areas with extremely difficult socio-economic conditions issued by the competent authority before retirement based on the file, biography, and area of operation.

- As stipulated in Clause 4 Article 17 of the Decree: Copy of the biography of military personnel or public security personnel fully recording the work history issued by the competent authority before retirement.

- As stipulated in Clause 5 Article 17 of the Decree: Certificate confirming assignment to international missions issued by the Commander of the Regiment or equivalent authority.

- As stipulated in Clause 6 Article 17 of the Decree: Record of incident confirmed by local military authorities, public security, and the People's Committee of the commune where the incident occurred.

- In cases specified in Clause 7 of Article 17 of the Decree, the following additional documents must be included in the file:

+ A statement from relatives or a proposal from local authorities regarding the health condition accompanied by a copy of the treatment record or a confirmation letter from the healthcare authority at the commune level.

+ Discharge certificate. If there is no discharge certificate, a confirmation letter from the military authority or public security authority at the district level where the person resides regarding their service in the military or public security forces must be provided.

+ Minutes of the meeting and recommendation of the Commune Verification Board consisting of representatives from the Party Committee, People's Committee, and the Vietnam Fatherland Front (Form No. 6-BB5).

1. 2. Medical examination report of the Military or Public Security Medical Examination Board (Form No. 6-BB2)

1. 3. Decision on issuing the disability certificate and allowance (Form No. 6-BB3); Disability Allowance Application Form (Form No. 6-BB4) issued by the head of the competent agency or unit in accordance with regulations of the Ministry of National Defense and the Ministry of Public Security.

2. Responsibilities for preparing the documents:

2. 1. In cases specified in Clauses 1, 2, 3, 4, 5, and 6 of Article 17 of the Decree, the head of the competent agency or unit shall issue the health certificate and recommend medical examination.

2. 2. In cases specified in Clause 7 of Article 17 of the Decree, the Military or Public Security Command at the district level shall receive and transfer the files to the Military or Public Security Command at the provincial level for verification and coordination with the Department of Labor, Invalids, and Social Affairs. If conditions are met, they shall issue the health certificate and recommend medical examination.

2. 3. The Medical Examination Board shall base its examination and determination of the degree of labor capacity reduction on the health certificate.

2. 4. The competent agency or unit in accordance with regulations of the Ministry of National Defense and the Ministry of Public Security shall base its decision on issuing the disability certificate and allowance and creating the disability allowance application form on the medical examination report.

2. 5. Transfer the disabled veteran's file to the Department of Labor, Invalids, and Social Affairs at the place of permanent residence of the disabled veteran to implement preferential policies.

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

1. The documents include:

1. 1. Confirmation letter of persons engaged in resistance war who have been exposed to chemical weapons (Form No. 7-HH1) issued by the Chairman of the People's Committee at the district level. The basis for issuing the confirmation letter includes:

a) Personal declaration form (Form No. 7-HH2)

b) One of the following documents: curriculum vitae; discharge or release order; confirmation letter of activity in the battlefield; transfer or hospitalization certificate; treatment certificate; War Merit Medal, Liberation Soldier Medal, or other certificates.

c) Certificate of infertility from a provincial-level hospital or confirmation of having deformed children from the People's Committee at the commune level.

d) Minutes of the meeting and recommendation of the Commune Verification Board for persons with meritorious service (Form No. 7-HH3) consisting of representatives from the Party Committee, People's Committee, People's Council, and mass organizations: Vietnam Fatherland Front, Veterans' Association, Women's Union, and Youth Union. The recommendation minutes must be signed and stamped by the Party Committee, People's Committee, and Vietnam Fatherland Front at the commune level.

1. 2. Minutes of the Provincial Medical Examination Board determining the degree of labor capacity reduction (Form No. 7-HH6)

1. 3. Decision on allowance by the Director of the Department of Labor, Invalids, and Social Affairs:

- Persons engaged in resistance war who have been exposed to chemical weapons (Form No. 7-HH4a)

- Children born to persons engaged in resistance war who have been exposed to chemical weapons (Form No. 7-HH4b).

1. 4. Allowance application form (Form No. 7-HH5a and Form No. 7-HH5b) issued by the Director of the Department of Labor, Invalids, and Social Affairs.

2. Responsibilities for preparing the documents:

2. 1. Persons engaged in resistance war or their relatives submit a personal declaration form along with one of the documents specified in Subpoint b of Point 1.1 of Clause 1 of Section VII of Part I of this Circular to the People's Committee at the commune level.

2. 2. The People's Committee at the commune level:

a) Verify the elements in the personal declaration form of persons engaged in resistance war who have been exposed to chemical weapons or their relatives:

- Health status of persons participating in the resistance war who have children with deformities or disabilities based on the opinion of the commune-level healthcare authority.

- Deformity or disability status of children born to persons engaged in the resistance war based on the opinion of the commune-level healthcare authority.

- Cases where there is no spouse or children were born before participating in the resistance war and cannot conceive after returning to the locality and suffer from reduced labor capacity.

- Cases where there is a spouse but are infertile based on the infertility certificate from a provincial-level hospital.

b) Hold a meeting of the Commune Verification Board for persons with meritorious service to review each case and compile a list of recommendations for confirming persons engaged in resistance war who have been exposed to chemical weapons.

c) Transfer the above documents along with the list of recommendations for confirming persons engaged in resistance war who have been exposed to chemical weapons to the Labor, Invalids, and Social Affairs Office. The People's Committee at the commune level confirms persons engaged in resistance war who have been exposed to chemical weapons, including military personnel and public security officers still serving.

2. 3. The Labor, Invalids, and Social Affairs Office:

Verify, compile a list of those meeting the criteria, and submit it to the People's Committee at the district level for issuance of the confirmation letter for persons engaged in resistance war who have been exposed to chemical weapons, and transfer the list and documents to the Department of Labor, Invalids, and Social Affairs.

2. 4. The Department of Labor, Invalids, and Social Affairs:

a) Recommend medical examination at the Provincial Medical Examination Board.

b) Issue the allowance decision and create the allowance application form.

VIII. PERSONS ENGAGED IN REVOLUTIONARY ACTIVITIES OR RESISTANCE WAR WHO WERE CAPTURED AND IMPRISONED BY THE ENEMY

1. The documents include:

1. 1. Personal declaration form (Form No. 8-TĐ1).

1. 2. Copy of one of the following documents: Officer's Curriculum Vitae; Party Member's Curriculum Vitae; Social Insurance Benefit Claim File or other valid documents specifying the place and duration of imprisonment.

1. 3. One-time allowance decision (Form No. 8-TĐ2) issued by the Director of the Department of Labor, Invalids, and Social Affairs.

2. Responsibilities for preparing the documents:

2. 1. Persons captured and imprisoned by the enemy submit a personal declaration along with one of the following documents:

Copy of one of the following documents: Officer's Curriculum Vitae; Party Member's Curriculum Vitae; Social Insurance Benefit Claim File or other valid documents specifying the place and duration of imprisonment.

2. 2. The People's Committee at the commune level verifies the documents specified in Point 1.2 of Clause 1 of Section VIII of Part I of this Circular and confirms them in the personal declarations of individuals, compiling a list of those meeting the criteria and transferring it along with the documents to the Labor, Invalids, and Social Affairs Office.

2. 3. The Labor, Invalids, and Social Affairs Office verifies, compiles a list, and transfers the file to the Department of Labor, Invalids, and Social Affairs.

2. 4. The Department of Labor, War Invalids, and Social Affairs shall base on the file to decide on a one-time allowance.

IX. PERSONS ENGAGED IN THE RESISTANCE WAR FOR NATIONAL LIBERATION

1. The documents include:

1. 1. Personal declaration form (model number 9-KC1).

1. 2. A copy of the Resistance War Medal, Resistance War Commendation Medal, Victory Medal, Victory Commendation Medal, or Certificate of Merit for outstanding achievements in the resistance war and the period of engagement in the resistance war issued by the Commendation and Reward Office at the district level.

1. 3. Decision on a one-time allowance issued by the Director of the Department of Labor, War Invalids, and Social Affairs (model number 9-KC2).

2. Responsibilities for preparing the documents:

2. 1. Persons engaged in the resistance war shall fill out the personal declaration form along with a copy of the Resistance War Medal, Resistance War Commendation Medal, Victory Medal, Victory Commendation Medal, or Certificate of Merit for outstanding achievements in the resistance war and the period of engagement in the resistance war issued by the Commendation and Reward Office at the district level.

2. 2. The People's Committee of the commune shall verify the information on each person's declaration form based on the above documents and compile a list with copies of the documents to be sent to the Department of Labor, War Invalids, and Social Affairs.

2. 3. The Department of Labor, War Invalids, and Social Affairs shall review and compile a list with copies of the documents to be sent to the Department of Labor, War Invalids, and Social Affairs.

2. 4. The Department of Labor, War Invalids, and Social Affairs shall review and decide on a one-time allowance.

X. PERSONS WITH MERIT IN ASSISTING THE REVOLUTION

1. The documents include:

1. 1. Personal declaration form (model number 10-CC1).

1. 2. A copy of the Commendation Medal "National Record of Merit" or "Certificate of Merit to the Country" or Resistance War Medal.

In cases where persons with merit in assisting the revolution are listed in the commendation files but not named in the "Certificate of Merit to the Country," Resistance War Medals, or Resistance War Commendation Medals of their families, they must also provide a confirmation letter from the Commendation and Reward Office at the district level.

1. 3. Decision on monthly allowance (model number 10-CC2) or decision on a one-time allowance (model number 10-CC3) issued by the Director of the Department of Labor, War Invalids, and Social Affairs.

2. Responsibilities for preparing the documents:

2. 1. Persons with merit in assisting the revolution shall fill out the personal declaration form along with a copy of the Commendation Medal "National Record of Merit" or "Certificate of Merit to the Country" or Resistance War Medal. In cases where persons with merit in assisting the revolution are listed in the commendation files but not named in the "Certificate of Merit to the Country," Resistance War Medals, or Resistance War Commendation Medals of their families, they must also provide a confirmation letter from the Commendation and Reward Office at the district level.

2. 2. The People's Committee of the commune shall verify the information on each person's declaration form based on the documents specified in point 1.2, clause 1, section X, part I of this Circular, and compile a list with copies of the documents to be sent to the Department of Labor, War Invalids, and Social Affairs.

2. 3. The Department of Labor, War Invalids, and Social Affairs shall review and compile a list with copies of the documents to be sent to the Department of Labor, War Invalids, and Social Affairs.

2. 4. The Department of Labor, War Invalids, and Social Affairs shall review and decide on the allowance.

XI. PERSONS ENGAGED IN THE REVOLUTION AND RESISTANCE WAR WHO WERE CAPTURED AND DEPORTED BY THE ENEMY AND PERSONS ENGAGED IN THE RESISTANCE WAR FOR NATIONAL LIBERATION WHO DIED BEFORE JANUARY 1, 1995

1. The documents include:

1. 1. Declaration form of relatives or legal heirs (model number 11).

1. 2. A copy of one of the following documents: - Commemorative medal for those captured and deported by the enemy.

- Resistance War Medal, Resistance War Commendation Medal, Victory Medal, Victory Commendation Medal, or Certificate of Merit for outstanding achievements in the resistance war.

- "National Record of Merit" Certificate or death notice or certificate of sacrifice for martyrs who died before April 30, 1975.

1. 3. Decision on a one-time allowance issued by the Director of the Department of Labor, War Invalids, and Social Affairs (model number 11-QĐ).

2. Responsibilities for preparing the documents:

2. 1. Relatives or legal heirs shall submit the documents specified in points 1.1 and 1.2, clause 1, section XI, part I of this Circular to the People's Committee of the commune.

Relatives have the responsibility to provide original copies of these documents for the People's Committee of the commune to compare.

2. 2. The People's Committee of the commune shall check and compare the original copies, confirm the information on each person's declaration form, and compile a list with the documents to be sent to the Department of Labor, War Invalids, and Social Affairs.

2. 3. The Department of Labor, War Invalids, and Social Affairs shall receive, check, and compile a list of valid files to be sent to the Department of Labor, War Invalids, and Social Affairs.

2. 4. The Department of Labor, War Invalids, and Social Affairs:

- Shall check the files and compare them with the lists submitted by the district level to avoid duplication in cases where awards such as Resistance War Medals or Commendation Medals were given.

- For martyrs who died before April 30, 1975, shall compare the original files kept at the Department, check the transferred files, and contact the Department of Labor, War Invalids, and Social Affairs in the place of origin to avoid duplicate processing.

- Shall decide on a one-time allowance.

XII. FILES OF PERSONS WITH MERIT IN THE REVOLUTION WHO HAVE PASSED AWAY

1. Documents:

1. 1. Files for funeral benefits:

a) Files of persons with merit in the revolution receiving monthly allowances: persons engaged in revolutionary activities before January 1, 1945; persons engaged in revolutionary activities from January 1, 1945 to before the August 19 Revolution in 1945; war invalids (including type B war invalids), disabled veterans with a reduction in work capacity of 61% or more.

b) Death certificate issued by the People's Committee of the commune.

c) Declaration form of relatives of deceased persons with merit in the revolution with certification by the People's Committee of the commune (model number 12-TT1).

d) Decision on allowance (model number 12-TT2) issued by the Director of the Department of Labor, War Invalids, and Social Affairs.

1. 2. Files for burial expenses and one-time allowance:

a) Files of persons with merit in the revolution receiving monthly allowances: relatives of martyrs; Mothers of Vietnam Heroic; Heroes of the Armed Forces, Heroes of Labor in the resistance war; war invalids (including type B war invalids), disabled veterans with a reduction in work capacity under 61%; persons engaged in the resistance war exposed to toxic chemicals and their children receiving allowances; persons with merit in assisting the revolution awarded the "Certificate of Merit to the Country" or Resistance War Medal.

b) Documents specified in items b, c, and d of point 1.1, clause 1, section XII, part I of this Circular.

1. 3. Files for burial expenses:

a) Files of persons with merit in the revolution receiving a one-time allowance include: persons engaged in revolutionary activities, resistance war who were captured and deported by the enemy; persons engaged in the resistance war awarded Resistance War Medals, Commendation Medals, Victory Medals, Commendation Medals; persons with merit in assisting the revolution awarded Resistance War Commendation Medals.

b) Documents specified in items b, c, and d of point 1.1, clause 1, section XII, part I of this Circular.

2. Responsibilities for preparing the documents:

2. 1. Relatives shall prepare a declaration form for persons who have rendered meritorious service to the revolution who have passed away, along with the death certificate.

2. 2 The People's Committee at the commune level shall certify each declaration form; transfer the declaration form and the death certificate to the Labor, Invalids, and Social Affairs Office.

2. 3 The Labor, Invalids, and Social Affairs Office shall compile a list with attached documents and transfer them to the Department of Labor, Invalids, and Social Affairs.

2. 4 The Department of Labor, Invalids, and Social Affairs:

a) Combine the files of meritorious persons under management with the declaration forms and death certificates to complete the inheritance file.

b) The Director of the Department of Labor, Invalids, and Social Affairs shall decide on the grant.

XIII. HEALTH INSURANCE FILE

1. The documents include:

- Personal declaration form (Form No. 13) certified by the People's Committee at the commune level.

- File of persons who have rendered meritorious service to the revolution.

2. Responsibilities for preparing the documents:

2. 1 Meritorious persons shall prepare a personal declaration form.

2. 2. The People's Committee at the commune level:

a) Check and certify the personal declaration form of meritorious persons.

b) Compile a list to request issuance of health insurance cards locally and transfer it to the Labor, Invalids, and Social Affairs Office.

2. 3. The Labor, Invalids, and Social Affairs Office:

a) Verify the eligibility for health insurance cards.

Each person shall be issued one health insurance card.

Persons subject to mandatory health insurance shall not be eligible for health insurance cards under this Circular.

b) Compile a list to request issuance of health insurance cards and transfer it to the Department of Labor, Invalids, and Social Affairs.

2. 4. The Department of Labor, Invalids, and Social Affairs:

a) Review the files of meritorious persons under management.

b) Compile a list of persons eligible for health insurance cards.

c) Register to purchase health insurance cards.

d) Transfer the Labor, Invalids, and Social Affairs Office to issue according to the list.

Part II

MANAGEMENT OF FILES OF PERSONS WHO HAVE RENDERED MERITORIOUS SERVICE TO THE REVOLUTION

I. REGULATIONS ON FILE IDENTIFICATION MARKS

The file identification mark shall be recorded in the upper right corner, written in capital letters. The local identification mark shall be recorded first, followed by a slash, then the type of file for the subject, followed by the local management number and period identifier (Annexes No. 1 and 2 attached).

II. FILE MANAGEMENT

- The Ministry of Labor, Invalids, and Social Affairs and authorized by the Provincial People's Committee, the Department of Labor, Invalids, and Social Affairs shall be responsible for guiding, certifying, inspecting, assigning management numbers, registering management, storing, and preserving files in accordance with regulations.

- The Ministry of National Defense and the Ministry of Public Security shall be responsible for managing the files of meritorious persons serving in the military and public security forces.

- The Ministry of Labor, Invalids, and Social Affairs shall store the grant decision and grant certificate of meritorious persons transferred from the Department of Labor, Invalids, and Social Affairs.

III. PROCEDURES FOR TRANSFERRING AND RECEIVING FILES OF PERSONS WHO HAVE RENDERED MERITORIOUS SERVICE TO THE REVOLUTION

1. Files of meritorious persons managed locally:

The files of meritorious persons are managed at the place of permanent residence registration. In case of change of residence, the files shall be transferred to the new place of residence in accordance with the following provisions:

1. 1 Place of departure:

- A request for transferring the file of a meritorious person.

- A copy of the household registration at the new place of residence.

- The transfer form of the Department of Labor, Invalids, and Social Affairs together with the entire original file of the meritorious person. The file shall be sealed and handed over to the meritorious person (with signature for receipt of the file). Any issues regarding benefits and files must be resolved before transfer. Within thirty days from the date of signing the transfer form, the meritorious person must submit the file to the Department of Labor, Invalids, and Social Affairs at the destination.

1. 2 Place of arrival:

The Department of Labor, Invalids, and Social Affairs shall be responsible for receiving, inspecting the file, registering the management of the subject, and continuing to implement preferential policies as prescribed.

2. Files of meritorious persons transferred from the military and public security forces:

- The competent authority in accordance with the regulations of the Ministry of National Defense and the Ministry of Public Security shall issue a letter of introduction for transferring one set of original files (including two grant decisions and two grant certificates) sealed and handed over to the meritorious person or directly handed over to the Department of Labor, Invalids, and Social Affairs at the place of permanent residence of the meritorious person (within thirty days from the date of signing the letter of introduction for transferring) to be received, registered for management, and continue to implement preferential policies as prescribed.

For war invalids in the military and public security forces who were confirmed before December 31, 1994 upon discharge and whose files are incomplete due to loss, the files shall include:

+ Two copies of the record of war injuries of the war invalid (according to the book or list currently being managed) signed and stamped by the Head of the Policy Department, General Political Department - Ministry of National Defense (for military personnel) or the Cadre and Civil Servant Department - Ministry of Public Security (for public security personnel) (Model No. 5-TB5) instead of the war invalid file.

+ One war invalid certificate issued by the military or public security force for the individual to keep (to present when submitting the file to the Department of Labor, Invalids, and Social Affairs at the destination).

+ One letter of introduction for transferring the file with specific confirmation of the grant amount and the time of cessation of grant in the military (Model No. 5-TB6).

The Ministry of National Defense (Policy Department), the Ministry of Public Security (Cadre and Civil Servant Department) shall compile a list of war invalids currently serving whose files are lost and only kept in the cross-reference book and send it to the Ministry of Labor, Invalids, and Social Affairs (Department of War Invalids and Martyrs and Meritorious Persons) for monitoring and coordination implementation.

- The Department of Labor, Invalids, and Social Affairs, after receiving the file, shall compile a list with one decision and one grant certificate for each person and transfer it to the Department of War Invalids and Martyrs and Meritorious Persons under the Ministry of Labor, Invalids, and Social Affairs for storage and monitoring.

- Any issues regarding benefits and files shall be examined and resolved by the policy department of the military and public security before transfer.

Part III

IMPLEMENTATION

1. All documents in the file confirming meritorious persons must be established in accordance with the procedures and authorities stipulated in this Circular.

2. Provincial People's Committees:

- Direct the establishment of files confirming meritorious persons within the jurisdiction and the reception and inspection of files transferred from other agencies and units; establish procedures for resolving benefits, managing, storing files, and inspecting the implementation of policies and benefits for meritorious persons within the jurisdiction.

- Direct and coordinate with relevant agencies, departments, and sectors to disseminate the procedures and file handling process as guided in this Circular to cadres and the people to supervise and implement.

3. This Circular shall take effect fifteen days after its publication in the Official Gazette.

This Circular replaces Circular 22/LDTBXH-TT dated August 29, 1995, Circular No. 25/LDTBXH dated September 28, 1995, and the provisions on procedures and files stipulated in Joint Circular No. 16/1998/TTLT-BLDTBXH-BQP-BCA dated November 25, 1998.

4. Files of persons who have rendered meritorious service to the revolution and their relatives that were established before the effective date of Decree No. 54/2006/NĐ-CP dated May 26, 2006 of the Government shall not be re-established according to the provisions of this Circular.

As for those who participated in the resistance war and their biological children who have been confirmed to be affected by chemical toxins pursuant to Decision No. 120/2004/QD-TTg dated July 5, 2004 of the Prime Minister and are currently receiving benefits, the Department of Labor-Social Welfare and War Invalids shall review, guide, and supplement the files in accordance with the provisions of this Circular.

During the implementation process, if there are any difficulties, localities shall report them to the Ministry of Labor-Social Welfare and War Invalids for guidance and resolution.