Decree No. 102/2002/ND-CP on the allowance system for war invalids or workers and officials who have retired under the disability benefit scheme while also being recognized as war invalids or persons treated similarly to war invalids.

DECREE OF THE GOVERNMENT

Regulations on Allowances for War Veterans

or Workers and Civil Servants Retired with Disability Benefits Simultaneously Recognized as War Invalids or Persons Treated Equivalently to War Invalids thời là war invalid, person enjoying policies equivalent to those for war invalids

THE GOVERNMENT

Pursuant to the Law on Organization dated December 25, 2001;

Pursuant to the Ordinance on Preferential Treatment for Revolutionary Activists, Martyrs, and Families of Martyrs, War Invalids, and Persons Engaged in Anti-French Resistance, and Those Who Have Contributed to the Revolution dated August 29, 1994;

At the proposal of the Ministry Ministry of Science and Technology Labor, Invalids and Social Affairs, 

DECREE:

Article 1. The beneficiaries of the allowances stipulated below are those specified in Clause 3, Article 4 of the Government Decree No. 28/CP dated April 29, 1995.

Article 2. Allowance System.

1. War veterans who have served in the military or public security forces for 15 years or more, or workers and civil servants retired with disability benefits (referred to collectively as workers and civil servants with disabilities) who have worked for at least 20 years in actual service and are simultaneously recognized as war invalids or persons treated equivalently to war invalids (collectively referred to as war invalids) shall be entitled to the following two allowances:

a) Monthly disability allowance for war invalids (war invalid allowance).

b) War veteran allowance or disability allowance.

2. War veterans who have served in the military or public security forces for less than 15 years, or workers and civil servants with disabilities who have worked for less than 20 years in actual service and are simultaneously recognized as war invalids shall be entitled to allowances as follows:

a) After deducting the percentage of disability due to injury, if there remains a percentage of disability due to illness or disease, in addition to the war invalid allowance, they will also be entitled to the war veteran allowance or disability allowance according to current regulations.

b) In cases where they do not meet the conditions for entitlement or after calculating both types of allowances above and finding that the total is lower than the current allowance being received, they will continue to receive the war veteran allowance or disability allowance currently being received.

The basis for implementing the provisions of this Article is the original file managed by the labor, war invalids, and social affairs authority (for military personnel and public security officers receiving war veteran allowances) or by the social insurance authority (for workers and civil servants receiving disability allowances).

Article 3.

1. The Ministry of Labor, War Invalids, and Social Affairs shall direct and inspect the implementation of this Decree.

2. The Vietnam Social Security shall, based on the guidance of the Ministry of Labor, War Invalids, and Social Affairs, direct and guide the review of files and identification of workers and civil servants with disabilities entitled to allowances under this Decree.

3. The Ministry of Finance shall allocate funds to implement allowances for the subjects specified in Article 1 of this Decree.

Article 4. This Decree takes effect 15 days from the date of signature. Previous provisions contrary to this Decree are abolished.

Article 5. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.