Circular No. 08/2009/TT-BLDTBXH amends and supplements Section VII of Circular No. 07/2006/TT-BLDTBXH dated July 26, 2006, issued by the Ministry of Labor - Invalids and Social Affairs, guiding on files and procedures for implementing preferential policies for persons who have rendered meritorious service to the revolution.

CIRCULAR

Amending and supplementing Section VII of Circular No. 07/2006/TT-BLDTBXH dated July 26, 2006 of the Ministry of Labor - War Invalids and Social Affairs guiding on files and procedures for implementing preferential policies for persons who have rendered meritorious service to the revolution.

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Pursuant to Decree No. 54/2006/NĐ-CP dated May 26, 2006 of the Government guiding the implementation of certain provisions of the Ordinance on Preferential Treatment for Persons Who Have Rendered Meritorious Service to the Revolution;

The Ministry of Labor - War Invalids and Social Affairs amends and supplements Section VII of Circular No. 07/2006/TT-BLDTBXH dated July 26, 2006 of the Ministry of Labor - War Invalids and Social Affairs guiding on files and procedures for implementing preferential policies for persons who have rendered meritorious service to the revolution as follows:

I. FILES AND PROCEDURES FOR PREPARING FILES

1. Documents

1.1. Certificate of person participating in the resistance war exposed to toxic chemicals (Form No. 1 - HH) issued by the Chairman of the People's Committee of the district, town, city under province (hereinafter referred to collectively as the district level). The basis for issuing the certificate of person participating in the resistance war exposed to toxic chemicals includes:

a) Personal declaration form (Form No. 2 - HH).

b) One of the following documents proving participation in the resistance war: curriculum vitae; decision on demobilization or discharge from military service; certificate confirming activities in the battlefield; medical evacuation certificate; treatment certificate; Medal or Commendation for Liberation Soldier or other related documents.

c) One of the following documents certifying health status or disability after:

- Medical examination report of the Provincial or Central-level Medical Examination Board concluding that the person suffers from one of the diseases, disabilities, deformities, or defects related to exposure to toxic chemicals/dioxin according to Decision No. 09/2008/QĐ-BYT dated February 20, 2008 of the Minister of Health promulgating the List of Diseases, Disabilities, Deformities, and Defects Related to Exposure to Toxic Chemicals/Dioxin (hereinafter referred to as Decision No. 09/2008/QĐ-BYT) and the rate of loss of working capacity (Form No. 6 - HH);

- Certificate of war invalid or disabled veteran due to spinal injury resulting in paralysis of both lower limbs issued by the Department of Labor - War Invalids and Social Affairs or the Center for War Invalids and Disabled Veterans under the Ministry of Labor - War Invalids and Social Affairs;

- In cases where a person participating in the resistance war does not have a spouse or has a spouse but no children or had children before participating in the resistance war and did not have more children after returning, now having reached the retirement age (female 55 years old, male 60 years old), there must be confirmation by the People's Committee of the commune, ward, town (hereinafter referred to collectively as the commune level);

- Certificate of the deformed or defective child of a person participating in the resistance war issued by the People's Committee at the commune level.

d) Minutes of meeting and recommendation of the Commune-level Recognition Council for Persons with Meritorious Service (Form No. 3-HH) consisting of representatives: Party Committee; People's Committee; People's Council; mass organizations: Fatherland Front, Association of Former Combatants, Victims of Agent Orange/Dioxin Association (if any), Women's Union, and Youth Union.

The minutes must have signatures and seals of: Party Committee, People's Committee, and Fatherland Front at the commune level.

1.2. Medical examination report of the Provincial or Central-level Medical Examination Board determining the rate of loss of working capacity (Form No. 6-HH).

a) War invalids, persons enjoying benefits equivalent to war invalids, war invalids category B, disabled veterans, and persons receiving loss of labor capacity benefits are exempt from medical examination for the degree of loss of working capacity.

b) For the legitimate children of workers participating in the resistance war exposed to toxic chemicals, they do not undergo a health examination but are assessed for assistance based on actual deformities or defects:

- Those with severe deformities or defects, unable to live independently, receive assistance level 1.

- Those with deformities or defects, partially losing their ability to live independently, receive assistance level 2.

1.3. Assistance decision (Form No. 4-HH) of the Director of the Department of Labor - War Invalids and Social Affairs.

1.4. Assistance voucher (Form No. 5-HH) of the Director of the Department of Labor - War Invalids and Social Affairs.

2. Responsibilities and procedures for preparing files

2.1. Person participating in the resistance war or their relatives:

Prepare personal declaration form along with one of the documents specified in paragraph b and depending on each case, one of the documents specified in paragraph c point 1.1 clause 1 of Section I of this Circular and transfer it to the People's Committee at the commune level.

2.2. People's Committee at the commune level:

a) Verify the elements in the personal declaration form of a person participating in the resistance war exposed to toxic chemicals or their relatives regarding:

- Current health condition and disease status of the person participating in the resistance war based on the opinion of the commune-level healthcare sector;

- Specific deformities or defects and the ability to live independently of the legitimate children of the person participating in the resistance war based on the opinion of the commune-level healthcare sector and propose the level of assistance;

- Status of not having a spouse or having a spouse but no children or having children before participating in the resistance war and not having more children after returning, now having reached the retirement age;

- Confirm the person participating in the resistance war exposed to toxic chemicals including military personnel, police officers, or officials still serving or working.

b) Publicize the list of proposed recognition of persons participating in the resistance war and their legitimate children exposed to toxic chemicals before the Commune-level Recognition Council for Persons with Meritorious Service convenes for 15 days.

The Commune-level Recognition Council for Persons with Meritorious Service convenes to review each case and prepare minutes and lists proposing recognition of persons participating in the resistance war and their legitimate children exposed to toxic chemicals.

c) The People's Committee at the commune level transfers the above documents along with the list proposing recognition of persons participating in the resistance war exposed to toxic chemicals to the Labor - War Invalids and Social Affairs Office.

2.3. Labor - War Invalids and Social Affairs Office

a) Check, compile a list of persons suffering from diseases or disabilities stipulated in Decision No. 09/2008/QĐ-BYT and report to the Department of Labor - War Invalids and Social Affairs.

b) Submit to the People's Committee at the district level to issue certificates of persons participating in the resistance war exposed to toxic chemicals for those who meet the conditions.

c) Transfer the list of persons eligible to enjoy preferential policies for persons participating in the resistance war exposed to toxic chemicals along with relevant documents to the Department of Labor - War Invalids and Social Affairs.

2.4. The Provincial Medical Appraisal Board at the provincial level or higher shall conclude on the presence of diseases, disabilities, deformities, or congenital defects related to exposure to chemical toxins/dioxins pursuant to Decision No. 09/2008/QĐ-BYT and determine the degree of labor capacity reduction for other cases.

2.5. Department of Labor, Invalids, and Social Affairs:

a) Based on the managed files to certify the status of injuries or illnesses affecting the spine resulting in paralysis of both lower limbs. For war invalids being rehabilitated at the War and Invalids Rehabilitation Center under the Ministry of Labor, Invalids, and Social Affairs, the certification shall be made by the Director of the Center.

b) Introduce the subject to the Provincial Medical Appraisal Board at the provincial level or higher to conclude on the condition of illness, disability, and the degree of labor capacity reduction.

c) Decide on allowances and issue allowance certificates.

III. IMPLEMENTATION

1. People's Committees of provinces and centrally governed cities shall direct the Department of Labor, Invalids, and Social Affairs and relevant agencies to cooperate in widely and regularly promoting awareness and organizing guidance and full, accurate, and transparent implementation of the provisions of this Circular.

2. The Department of Labor, Invalids, and Social Affairs shall coordinate with the Department of Health to inspect the determination of diseases, disabilities, deformities, or congenital defects as prescribed in Decision No. 09/2008/QĐ-BYT.

3. Cases where monthly allowances have been suspended due to not meeting the conditions for transferring to preferential treatment for persons meritorious to the revolution as stipulated in Decree No. 54/2006/NĐ-CP dated May 26, 2006 of the Government, if they suffer from diseases, disabilities, deformities, or congenital defects as prescribed in Decision No. 09/2008/QĐ-BYT, shall be granted preferential treatment from March 2008. In cases where new files are established, they shall enjoy preferential treatment from the date the Director of the Department of Labor, Invalids, and Social Affairs issues the decision.

4. This Circular shall take effect 45 days from the date of issuance and replace Section VII of Circular No. 07/2006/TT-BLĐTBXH dated July 26, 2006 of the Ministry of Labor, Invalids, and Social Affairs.

During the process of implementation, if there are difficulties, localities and units shall report to the Ministry of Labor, Invalids, and Social Affairs for consideration and resolution./.