Circular No. 10/2005/TT-BLDTBXH guiding the implementation of Decree No. 210/2004/NĐ-CP dated December 20, 2004 of the Government on the allowance and preferential subsidy system for those who have rendered meritorious service to the revolution.

CIRCULAR

Guidelines for Implementing Decree No. 210/2004/NĐ-CP

dated December 20, 2004 of the Government on the allowance and preferential subsidy system

for persons who have rendered meritorious service to the revolution

Implementing Decree No. 210/2004/NĐ-CP dated December 20, 2004 of the Government on the allowance and preferential subsidy system for persons who have rendered meritorious service to the revolution, after consolidating opinions with the Ministry of Finance and the Ministry of Labor, Invalids and Social Affairs, provide guidelines for implementing the allowance and preferential subsidy system for persons who have rendered meritorious service to the revolution as follows:

I. STANDARDS, ELIGIBLE PERSONS AND MONTHLY ALLOWANCES AND SUBSIDIES:

1. The standard for determining monthly allowances and preferential subsidies for persons who have rendered meritorious service to the revolution as stipulated in Article 1 of Decree No. 210/2004/NĐ-CP dated December 20, 2004 of the Government is 292,000 VND/month.

2. The table of monthly allowances and preferential subsidies for persons who have rendered meritorious service to the revolution as stipulated in Clause 3, Article 1 of the Decree shall be implemented as follows:

2.1. Persons who were active in the revolutionary movement before 1945 (cadres "Veterans of the Revolution"):

- Those who were exempted from regular duties: allowance of 250,000 VND/person/month.

In addition to the above allowance, they also receive a monthly subsidy based on the number of years of pre-revolutionary activity, with each year entitling them to a subsidy of 60,000 VND;

- Those who were not exempted from regular duties: allowance of 540,000 VND/person/month.

- Dependents receiving pension benefits from persons who were active in the revolutionary movement before 1945 who have passed away:

+ Pension benefit: 292,000 VND/person/month.

+ Pension benefit for those who are alone and without support: 495,000 VND/person/month.

2.2. Persons who were active in the revolutionary movement before August 1945 (cadres "Pre-Revolutionary Struggle"): monthly subsidy of 292,000 VND/person/month.

2.3. Dependents of martyrs:

- Pension benefit for dependents of one martyr: 292,000 VND/person/month;

- Pension benefit for dependents of two or more martyrs: 495,000 VND/person/month;

- Pension benefit for dependents of martyrs who are alone and without support: 495,000 VND/person/month;

2.4. Mothers of Vietnam's Heroes: allowance of 710,000 VND/person/month;

2.5. Heroes of the Armed Forces, Heroes of Labor during the Resistance War: allowance of 250,000 VND/person/month;

2.6. War invalids, persons enjoying policies similar to war invalids (referred to collectively as war invalids):

a. Allowance and subsidy:

- Monthly allowance is calculated according to the percentage of loss of working capacity (LWC) due to injury, with each percentage point corresponding to 9,400 VND (according to Table 2 attached to the Decree).

- Monthly subsidy:

+ 150,000 VND/person/month for war invalids with LWC of 81% or higher;

+ 292,000 VND/person/month for war invalids with LWC of 81% or higher and severe injuries.

b. Allowance for care (for war invalids with LWC of 81% or higher being cared for at home):

- Allowance of 292,000 VND/month for caregivers of war invalids with LWC of 81% or higher:

- Allowance of 380,000 VND/month for caregivers of war invalids with LWC of 81% or higher and severe injuries.

c. Dependents receiving pension benefits from war invalids with LWC of 61% or higher who have passed away:

- Pension benefit: 175,000 VND/person/month;

- Pension benefit for those who are alone and without support: 390,000 VND/person/month.

2.7. Military personnel injured in work accidents (war invalids type B confirmed before December 31, 1993):

a. Allowance and subsidy:

- Monthly allowance is calculated according to the percentage of LWC due to injury, with each percentage point corresponding to 7,520 VND (according to Table 3 attached to the Decree).

- Monthly subsidy:

+ 150,000 VND/month for those with LWC of 81% or higher.

+ 292,000 VND/month for those with LWC of 81% or higher and severe injuries.

b. Allowance for care (for military personnel injured in work accidents with LWC of 81% or higher being cared for at home):

- Allowance of 292,000 VND/month for caregivers of individuals with LWC of 81% or higher;

- Allowance of 380,000 VND/month for caregivers of individuals with LWC of 81% or higher and severe injuries;

c. Dependents receiving pension benefits from military personnel injured in work accidents with LWC of 61% or higher who have passed away:

- Pension benefit: 175,000 VND/person/month;

- Pension benefit for those who are alone and without support: 390,000 VND/person/month.

2.8. Veterans:

a. Monthly allowance and subsidy:

- Allowance:

+ LWC from 61% to 70%: 489,000 VND;

+ LWC from 71% to 80%: 564,000 VND;

+ LWC from 81% to 90%: 677,000 VND;

+ LWC from 91% to 100%: 752,000 VND;

- Subsidy:

+ Veterans with LWC of 81% or higher, in addition to the monthly allowance, receive an additional subsidy of 150,000 VND.

+ Veterans with LWC of 81% or higher and serious illnesses, in addition to the monthly allowance, receive an additional subsidy of 292,000 VND;

b. Allowance for care for veterans with LWC of 81% or higher being cared for at home:

- Allowance of 292,000 VND/month for caregivers of veterans with LWC of 81% or higher:

- Allowance of 380,000 VND/month for caregivers of veterans with LWC of 81% or higher and serious illnesses.

c. Dependents receiving pension benefits from veterans with LWC of 61% or higher who have passed away:

- Pension benefit: 175,000 VND/person/month;

- Pension benefit for those who are alone and without support: 390,000 VND/person/month.

2.9. Military personnel suffering from occupational diseases (veteran category 3 confirmed before December 31, 1994)

- LWC from 41% to 50%: allowance of 300,000 VND/person/month;

- LWC from 51% to 60%: allowance of 376,000 VND/person/month;

2.10. Persons who have contributed to the revolution:

a. Persons who have contributed to the revolution before the August Revolution in 1945:

- Allowance: 292,000 VND/person/month;

- Allowance for those who are alone and without support: 495,000 VND/person/month.

b. Persons who have contributed to the revolution during the resistance war:

- Allowance: 175,000 VND/person/month;

- Monthly allowance for those who are alone and without support: 390,000 VND/person/month.

II. PENSION BENEFITS FOR DECEASED PERSONS WHO HAVE RENDERED MERITORIOUS SERVICE TO THE REVOLUTION

1. Funeral expenses allowance (as stipulated in Clause 1, Article 2 of the Decree):

From October 1, 2004 onwards, the following persons who have rendered meritorious service to the revolution, if deceased and not entitled to social insurance benefits, the person or organization responsible for funeral arrangements will receive a funeral allowance of 2,400,000 VND:

a. Persons who were active in the revolutionary movement before the August Revolution in 1945 (cadres "Veterans of the Revolution", cadres "Pre-Revolutionary Struggle");

b. Dependents of martyrs currently receiving monthly allowances;

c. Mothers of Vietnam's Heroes;

d. Heroes of the Armed Forces, Heroes of Labor during the Resistance War;

e. War invalids, persons enjoying policies similar to war invalids; veterans; military personnel injured in work accidents (war invalids type B); military personnel suffering from occupational diseases (veteran category 3);

g. Persons who were engaged in revolutionary activities or anti-war resistance and were captured and imprisoned by the enemy;

h. Persons who have made contributions to the revolution and are currently receiving monthly allowances.

2. One-time allowance (as stipulated in Clause 2, Article 2 of the Decree):

From October 1, 2004 onwards, persons who have made contributions to the revolution as specified in items a, b, c, d, e, and h of Point 1, Section II of this Circular, if they do not fall under the category eligible for social insurance benefits at the time of their death, their dependents shall be entitled to a one-time allowance equal to three months' worth of the monthly allowance and supplementary payments that the person who made contributions to the revolution received before their death.

III. MONTHLY PREFERENTIAL ALLOWANCE REGIME IN EDUCATION AND TRAINING (AS PROVIDED FOR IN CLAUSE 3, ARTICLE 2 OF THE DECREE):

From October 1, 2004 onwards, students and trainees falling within the following preferential categories, if they do not receive a salary or living expenses while studying at educational institutions under the national education system (regardless of whether they are public or private schools) with a course duration of one year or more (university, college, vocational high school, vocational training, preparatory university...), and boarding schools for ethnic minorities, shall be entitled to a monthly allowance of 292,000 VND per person:

a. Heroes of the Armed Forces, Labor Heroes during the Resistance War; wounded veterans and those receiving benefits equivalent to wounded veterans;

b. Children of martyrs, children of persons who were engaged in revolutionary activities before 1945, children of persons who were engaged in revolutionary activities before August 1945; children of Mothers of Vietnam's Heroic People, children of Heroes of the Armed Forces, and children of Labor Heroes during the Resistance War;

c. Children of wounded veterans (including children of wounded veterans classified as type B, now referred to as military personnel injured in work-related accidents), children of disabled veterans, and children of those receiving benefits equivalent to wounded veterans who have lost more than 61% of their working capacity.

IV. PROCEDURES FOR HANDLING THE REGIME:

1. Procedures for adjusting the monthly preferential allowance regime: carried out according to the provisions of Circular No. 05/2003/TT-BLDTBXH dated February 18, 2003 issued by the Ministry of Labor, Invalids, and Social Affairs. The three consolidated copies shall be prepared by the Department of Labor, Invalids, and Social Affairs according to Model 02 attached to this Circular.

2. Documentation and procedures for handling funeral fees, one-time allowances, and survivor benefits:

a. Documentation:

- A declaration form of the deceased's dependents (attached model) confirmed by the People's Committee of the commune.

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

b. Procedures:

- The People's Committee of the commune transfers the documentation to the Civil Affairs and Social Services Office or the Department of Labor, Invalids, and Social Affairs of the district (referred to collectively as the Civil Affairs and Social Services Office).

- The Civil Affairs and Social Services Office reviews and issues a notification of reduction form (attached model) along with the declaration form and death certificate to the Department of Labor, Invalids, and Social Affairs of the province or city before the 20th of each month.

- The Department of Labor, Invalids, and Social Affairs reviews and issues a decision granting the deceased's dependents funeral fees, one-time allowances, and monthly survivor benefits (if applicable), while managing the documentation according to current regulations.

3. Documentation and procedures for handling the monthly preferential allowance regime in education and training shall be carried out according to the provisions of Joint Circular No. 26/1999/TTLT/BLDTBXH-BTC-BGDĐT dated November 2, 1999 issued by the Ministry of Labor, Invalids, and Social Affairs, Ministry of Finance, and Ministry of Education and Training.

V. IMPLEMENTATION:

1. The Ministry of National Defense, the Ministry of Public Security shall coordinate with the Ministry of Labor, Invalids, and Social Affairs, and the Ministry of Finance to provide guidance on implementing the regime for persons who have made contributions to the revolution within their respective areas of management.

2. Provincial People's Committees directly under the Central Government shall direct the Departments of Labor, Invalids, and Social Affairs and relevant agencies to implement the provisions of this Circular; compile the budget requirements from the state budget to ensure an increase in allowances and supplementary payments for persons who have made contributions to the revolution in 2004 and 2005 within their jurisdiction, and report to the Ministry of Labor, Invalids, and Social Affairs before March 31, 2005, for consolidation and submission to the Ministry of Finance and the Ministry of Home Affairs as prescribed.

The Department of Labor, Invalids, and Social Affairs shall be responsible for coordinating with mass media organizations to disseminate and explain the contents stipulated in Decree No. 210/NĐ-CP dated December 20, 2004, and this Circular; provide guidance, inspect, and ensure the implementation of the regime in accordance with the eligible subjects and criteria.

3. Persons who have made contributions to the revolution with a transfer introduction letter moving outside the province before January 31, 2005, but have not yet been adjusted according to this Circular, the Department of Labor, Invalids, and Social Affairs where the transfer procedures are handled shall adjust the allowances and supplementary payments for the subject; for persons who have made contributions to the revolution transferring outside the province from February 1, 2005, onwards, the Department of Labor, Invalids, and Social Affairs where the transfer originates shall issue an adjustment form for allowances and supplementary payments and handle the regime for the subject before processing the transfer procedures.

4. The funds for implementing the monthly preferential allowance regime and one-time allowances for persons who have made contributions to the revolution as stipulated in this Circular shall be guaranteed by the Central Budget.

5. The objects and contribution rates for health insurance shall be implemented according to current regulations.

6. This Circular shall take effect 15 days after its publication in the Official Gazette.

The allowances and supplementary payments for persons who have made contributions to the revolution as stipulated in this Circular shall be implemented from October 1, 2004.

During the implementation process, if there are any difficulties, relevant agencies and localities shall reflect them to the Ministry of Labor, Invalids, and Social Affairs for research and resolution.