Circular No. 09/2001/TT-BLDTBXH guides the completion of confirmation for persons who have rendered meritorious service to the revolution in three periods.

CIRCULAR

Guidelines for completing the confirmation of persons who have rendered services to the revolution in three periods

cách mạng trong ba thời kỳ

__________________________

Over the past more than fifty years, the Party and State have issued a system of preferential policies for persons who have rendered services to the revolution. Millions of such persons have been confirmed and their benefits resolved according to the regulations of the State. Entering the period of renovation, the work of confirming persons who have rendered services during various revolutionary periods has continued to be implemented by localities and agencies based on Directive No. 105/CT dated April 29, 1989 and Directive No. 551/NC dated March 2, 1991 of the Council of Ministers (now the Government) and guidance from central ministries, sectors, and mass organizations; up to now, the work of confirming persons who have rendered services has been basically completed.

- To have a basis for reviewing and concluding on the confirmation of persons who have rendered services during various revolutionary periods at ministries, sectors, and localities;

- Implementing Document No. 150/CP-VX dated March 7, 2001 of the Prime Minister;

- Based on surveys and soliciting opinions from localities; After reaching consensus with relevant ministries, sectors, and mass organizations, the Ministry of Labor, Invalids, and Social Affairs guides the completion of the confirmation of persons who have rendered services to the revolution in three periods as follows:

I/ OBJECTS OF COMPLETION OF CONFIRMATION

1- Persons who began revolutionary activities during the period from January 1, 1945 to before the August 1945 General Uprising but have not yet been reviewed and confirmed as pre-uprising revolutionary activists;

2- Persons who died or were injured while performing duties during the revolutionary period and in the resistance war but have not yet been reviewed and confirmed as martyrs, wounded veterans, or persons entitled to benefits similar to those of wounded veterans;

3- Persons who engaged in revolutionary activities or resistance activities and were captured and imprisoned by the enemy;

II/ CONDITIONS, STANDARDS, PROCEDURES FOR APPLICATIONS AND AUTHORITY TO RESOLVE

1- For persons who began revolutionary activities during the period from January 1, 1945 to before the August 1945 General Uprising and propose to be reviewed and confirmed as pre-uprising revolutionary activists, the conditions, standards, procedures for applications, and authority to resolve shall be in accordance with Article 9 of Decree No. 28/CP dated April 29, 1995 of the Government and guided by Circular No. 06/1999/TTLT-BLDTBXH-BTCTW dated February 8, 1999 of the Ministry of Labor, Invalids, and Social Affairs - Central Organization Committee of the Communist Party of Vietnam.

2- For persons who died or were injured while performing duties during the revolutionary period and in the resistance war and propose to be reviewed and confirmed as martyrs, wounded veterans, or persons entitled to benefits similar to those of wounded veterans, the conditions, standards, procedures for applications, and authority to resolve shall be in accordance with Article 11 (for martyrs) and Article 25 (for wounded veterans) of Decree No. 28/CP dated April 29, 1995 of the Government and guided by Joint Circular No. 16/1998/TTLT-BLDTBXH-BQP-BCA dated November 25, 1998 of the Joint Circular of the Ministry of Labor, Invalids, and Social Affairs - Ministry of Defense - Ministry of Public Security; Joint Circular No. 16/1999/TTLT-TDTBXH-TWĐTNCSHCM dated July 6, 1999 of the Ministry of Labor, Invalids, and Social Affairs - Central Committee of the Ho Chi Minh Youth Union; Circular No. 27/1999/TT-BLDTBXH dated November 3, 1999 of the Ministry of Labor, Invalids, and Social Affairs; Guidance No. 390 XL1(X 13) dated April 1, 1999 of the General Department III - Ministry of Public Security; Guidance No. 107/LC-CS-QY-TC dated March 10, 1999 of the Joint Policy Bureau - Military Medicine - Finance Bureau - Ministry of Defense; Official Letter No. 548/CS dated August 25, 2000 of the Policy Bureau - Ministry of Defense.

3- For persons who engaged in revolutionary activities or resistance activities and were captured and imprisoned by the enemy, the conditions, procedures for applications, and authority to confirm shall be carried out in accordance with Article 53 of Decree No. 28/CP dated April 29, 1995 of the Government and guided by Circular No. 25/LDTBXH-TT dated September 28, 1995 and Circular No. 27/2000/TT-BLDTBXH dated November 9, 2000 of the Ministry of Labor, Invalids, and Social Affairs.

The above-mentioned objects are collectively referred to as persons who have rendered services to the revolution.

III/ IMPLEMENTATION:

To complete the confirmation work, it is requested that the confirmation of persons who have rendered services to the revolution in three periods be carried out according to the provisions of the Prime Minister, ministries, sectors, mass organizations, and People's Committees at all levels pay attention to the following issues:

1. Consolidate and improve the Steering Committee implementing the Ordinance on Preferential Treatment for Persons Who Have Rendered Services to the Revolution (hereinafter referred to as the Steering Committee).

2. Organize regular propaganda and information dissemination through mass media and meetings about the policies of the Party and State towards persons who have rendered services to the revolution and the completion of the confirmation work for such persons as stipulated in Official Letter No. 150/CP-VX dated March 7, 2001 of the Prime Minister and guided by this Circular.

3. The identification, proposal, and review of confirmation for persons who have rendered services must be conducted openly and democratically from village, ward, commune, township, and grassroots units.

4. The People's Committee of communes/towns/district towns (collectively referred to as the People's Committee of communes) shall carry out the following steps:

a. Guide the organization of meetings in villages and wards to identify, declare, and compile lists to submit applications (application forms, declarations, confirmation certificates, etc.) for cases meeting the conditions and standards but not yet reviewed and confirmed as stipulated in Section 1 of this Circular.

b. Organize meetings to report to the Steering Committee of the commune (the Recognition Council) to review and conclude on each remaining case and propose the confirmation of persons meeting the conditions and standards. Cases already verified and concluded by competent authorities or the Steering Committee as not meeting the conditions and standards shall not be included in the list of remaining cases but shall be explained clearly to the individuals concerned and the public (except for cases with ongoing complaints or unresolved issues requiring further review). The conclusions of the Steering Committee shall be recorded in minutes (Model 01 - two copies) accompanied by two lists (Model 02A1, 02A2, and 02B - two copies each).

c) The minutes, list of persons proposed for confirmation as those who have rendered meritorious service, and the list of persons not meeting the conditions for confirmation (but still lodging complaints or objections) shall be publicly posted at the People's Committee offices at the commune level and the notification process shall be organized to inform the public and each individual concerned. After fifteen days, the People's Committee, through the Steering Board, will examine specific issues of concern, complaints, and suggestions from the public, then complete the two lists and the minutes according to the prescribed format.

d. Before August 31, 2001, the People's Committee at the commune level shall complete the examination and processing of the application files for confirmation of persons who have rendered meritorious service in their own communes in accordance with the regulations, and send two lists along with the files and minutes to the People's Committee at the district level (through the Labor, Invalids and Social Affairs Office or the Organization - Labor - Social Affairs Office, collectively referred to as the Labor, Invalids and Social Affairs Office).

In cases where there are no surviving persons who have rendered meritorious service as defined in this provision and have not yet been confirmed, the People's Committee at the commune level must also prepare and submit the minutes to the People's Committee at the district level.

5. The Labor, Invalids and Social Affairs Office at the district level, based on the authority delegated by the same-level People's Committee, shall receive the minutes, files, and lists from the People's Committee at the commune level, organize the retention of the list of persons not meeting the conditions for confirmation as a basis for future handling and resolution; proceed to classify and compile a list of individuals proposed for confirmation (according to Form Nos. 02A1, 02A2 - 02 copies), consolidate according to Form No. 06 (02 copies) and the minutes (according to Form No. 01), and submit them for approval by the district-level Steering Board, then implement the resolution of each case within the management authority of the following agencies.

a. In cases under the management authority of the People's Committee at the district level, they shall conduct inspections, establish procedures and files for the issuance of certificates, and complete the files to be transferred to the Department of Labor, Invalids and Social Affairs in accordance with the regulations.

b. In cases under the management authority of the Party Committee, the military, the police, or the voluntary youth corps, they shall compile a list and transfer it to the County Party Committee, the military office, the police office, and the Youth Union County to handle according to the regulations.

c. In cases under the management authority of central ministries, departments, and mass organizations or provincial levels (excluding those specified in sub-item b, item 5, Section III above), they shall issue a letter (signed by the People's Committee at the district level) along with the list to be sent to the relevant agency or unit for handling according to the regulations.

d. Before October 31, 2001, the People's Committee at the district level shall complete the examination, confirmation, and proposal for confirmation of persons who have rendered meritorious service within the entire district in accordance with the regulations, and send the classified list of individuals (according to Form Nos. 02A1, 02A2), along with the consolidated report (Form No. 06) and the minutes (according to Form No. 01) to the People's Committee at the provincial level (through the Provincial Department of Labor, Invalids and Social Affairs).

6. Central ministries, departments, and mass organizations and provincial-level agencies (collectively referred to as agencies) shall carry out the review, verification, and conclusion of cases of persons who have rendered meritorious service but have not yet been confirmed and cases transferred by the district People's Committee in accordance with the guidelines in this Circular, establish procedures and files for confirmation, and propose confirmation for cases meeting the conditions and standards as stipulated.

Before October 31, 2001, the agencies shall complete the examination, confirmation, and proposal for confirmation of persons who have rendered meritorious service under their management authority in accordance with the regulations, and submit the minutes (Form No. 07 - 02 copies) along with the file of each individual (if any) to the Department of Labor, Invalids and Social Affairs where the person resides or where the relative of the deceased烈士亲属居住地的部门劳动和社会事务部，如果是确认烈士的情况）。

The deadline for completing the examination and proposal for confirmation of persons who have rendered meritorious service at each level under the military and police is guided and announced by the Ministry of National Defense and the Ministry of Public Security before November 30, 2001.

For cases that do not meet the conditions and standards for confirmation as persons who have rendered meritorious service, the head of the agency or unit shall explain to the individual or notify the district People's Committee where the list was transferred (if applicable).

7. The Department of Labor, Invalids and Social Affairs, after receiving the list and consolidated report from the district level, shall be responsible for assisting the Steering Board and the People's Committee at the provincial level in managing the list of individuals proposed for confirmation as persons who have rendered meritorious service; compile the number of individuals and classify them according to the resolution authority of the agencies (according to Form No. 06) and report to the Ministry of Labor, Invalids and Social Affairs before November 30, 2001.

8. Application files for confirmation as persons who have rendered meritorious service submitted by the People's Committee at the district level and other agencies (including files received before the effective date of this Circular), the Department of Labor, Invalids and Social Affairs must immediately conduct inspections and establish procedures for resolution in accordance with current regulations.

9. For individuals proposing to be awarded the title of Heroic Forces or Heroic Labor for outstanding achievements during the two resistance wars or proposing rewards for contributions to the revolution or participation in the resistance war, the instructions of the State Merit and Reward Institute shall be followed.

For individuals who participated in the resistance war and were awarded medals by the state but have not yet received benefits and are still alive or died after January 1, 1995, the People's Committee at the commune level and relevant agencies must promptly guide individuals to fill out applications and establish procedures in accordance with Item 1, Section IV of Circular No. 25/2000/TT-BLĐTBXH dated October 17, 2000, issued by the Ministry of Labor, Invalids and Social Affairs.

10. The Department of Labor, Invalids and Social Affairs shall cooperate with relevant agencies to assist the Steering Board in implementing the Preferential Treatment Ordinance for Persons Who Have Rendered Meritorious Service and guide and organize inspections and reviews of confirmed cases. If violations are discovered, they must be promptly examined, verified, concluded, or transferred to the competent authority for resolution in accordance with the regulations and handled according to Articles 72, 73, and 74 of Decree No. 28/CP dated April 29, 1995, issued by the Government.

11. The Ministry of Labor, Invalids and Social Affairs shall be responsible for compiling and reporting to the Prime Minister before December 31, 2001.

This Circular takes effect from the date of issuance.

During the implementation process, if there are any difficulties, it is recommended that relevant agencies and localities promptly reflect them to the Ministry of Labor, Invalids, and Social Affairs for research and guidance.

Form Number 01

MINUTES OF MEETING TO REVIEW AND CONCLUDE SIGNIFICANT CASES PROPOSING THE RECOGNITION OF PERSONS WITH MERIT FOR THE REVOLUTION

Pursuant to Circular No. 09/2001/TT-BLDTBXH dated May 28, 2001 of the Ministry of Labor, Invalids, and Social Affairs,

Today, on the...day of the...month of the...year, at the People's Committee office of..., district..., province...

The steering committee implementing the Preferential Treatment Ordinance for persons with merit and representatives from various departments and organizations of the commune include the following comrades:

1/...Position...

2/...Position...

3/...Position...

4/...Position...

5/...Position...

6/...Position...

7/...Position...

convened to review and conclude significant cases that have not yet been recognized as persons with merit for the revolution.

After listening to Mr./Ms....representing the People's Committee of the commune report on the process of declaration and verification of each remaining case;

After publicly posting the list at the People's Committee office;

Based on current policies, the conference unanimously concluded as follows:

1. The total number of people declared and proposed for review is:...people. Among them:

- There are...people meeting the conditions and criteria to be proposed for recognition as persons with merit for the revolution (list attached).

- There are...people not meeting the conditions for recognition as persons with merit for the revolution (list attached).

2. There are no longer any cases of individuals participating in the revolution that remain unaddressed under policy.

3. The People's Committee of the commune is responsible for establishing files according to regulations and reporting to the People's Committee of the district for consideration and decision.

The minutes are made in two copies, all members of the conference have agreed to approve, sign, and stamp.