JOINT CIRCULAR No. 104/2002/TTLT/BQP-BTC Circular guiding the implementation of Decision No. 47/2002/QD-TTg dated April 11, 2002 of the Prime Minister on the regime for military personnel, defense workers who participated in the anti-French resistance war and were demobilized (discharged, resigned) before December 31, 1960.

JOINT CIRCULAR

Guidelines for implementing Decision No. 47/2002 dated April 11, 2002 of the Prime Minister

concerning the treatment of military personnel, defense workers who participated in the anti-French resistance war and have been demobilized (discharged, retired) before December 31, 1960

Implementation of Decision No. 47/2002/QĐ-TTg dated April 11, 2002 of the Prime Minister on the treatment of military personnel, defense workers who participated in the anti-French resistance war and have been demobilized (discharged, retired) before December 31, 1960; following the unified opinion of the Central Organization Committee in Circular No. 1337/CV-TCTW dated June 5, 2002, the Ministry of Labor, Invalids and Social Affairs in Circular No. 2373/LĐTBXH-TL dated July 19, 2002, the Government Organizational Cadre Board in Circular No. 79/BTCCBCP-TL dated July 4, 2002, and the Vietnam Association of War Invalids and Veterans in Circular No. 202/CV-CCB dated June 21, 2002, the Ministry of National Defense and the Ministry of Finance provide guidelines for implementation as follows:

Military personnel (main force troops, local troops), defense workers belonging to military agencies and units who have served in the anti-French resistance war from December 22, 1944 to July 20, 1954, and have been demobilized (discharged, retired) before December 31, 1960, not within the scope of receiving monthly pension or disability allowance, or the veteran regime according to Decree No. 500/NĐ-LB dated November 12, 1958 of the Joint Ministry of Social Relief - Finance - National Defense and Decree No. 528/TTg dated December 6, 1958 of the Prime Minister, fall under one of the following cases:

I. SUBJECTS AND CONDITIONS

1. Objectives and Conditions for Application:

a) Military personnel, defense workers who were discharged due to injury, poor health, difficult family circumstances, or lack of need for service retention by their unit before July 20, 1954;

b) Military personnel, defense workers subject to reduction in manpower after July 20, 1954 (including those captured by the enemy and repatriated later and subsequently discharged);

c) Military personnel, defense workers transferred to economic work or other jobs and retired before December 31, 1960;

d) Military personnel, defense workers in the South, released by their unit to return home before the unit was relocated to the North according to the Geneva Agreement (1954), and did not continue to serve or went underground but were discharged or retired in the South before April 30, 1975 without receiving monthly pension, disability allowance, or veteran benefits (the time counted for benefit is the actual time served in the military from July 20, 1954 onwards).

The subjects specified in points a, b, c, and d above, if they have already received or are currently receiving one-time or monthly allowances such as disability compensation for wounded veterans, compensation for relatives of martyrs; preferential allowances for heroes; allowances for those active in the revolution before August 1945; imprisonment compensation; compensation for those who helped the revolution; monthly work injury compensation; participation in resistance compensation; living expenses for village, town, and township cadres while working or after retirement, still enjoy the benefits stipulated in this joint circular.

If the subjects mentioned above have passed away, their surviving spouse may receive compensation.

If the surviving spouse has also passed away, the legal heir shall receive compensation in the following order:

- Father, mother, adoptive father, adoptive mother, biological child, adopted child of the deceased person (first order heirs);

- Grandfather, grandmother, maternal grandfather, maternal grandmother, full brother, full sister, full sibling of the deceased person (second order heirs);

- Uncle, aunt, uncle, aunt, uncle, cousin of the deceased person; grandchild of the deceased person who is an uncle, aunt, uncle, aunt, or cousin (third order heirs).

(Each order of heirs is represented by one person authorized by the members of that order. A representative from a subsequent order can claim benefits only if there is no representative from a prior order.)

2. Subjects and conditions not applicable:

a) Subjects specified in Clause 1, Section I above, who after demobilization (discharge, retirement) were re-enlisted, recruited into the military or continued to go underground and were discharged or retired in the North after December 31, 1960, or in the South after April 30, 1975;

b) Those who deserted or fled from the military recorded in their personal files or notified by a battalion-level or higher authority or listed in desertion records stored at military agencies, districts (towns);

c) Subjects who, after discharge or retirement, joined the puppet army or puppet government at the village level or higher in the South; or did not join the puppet army or puppet government at the aforementioned level but cooperated with the enemy, causing damage to the revolution;

d) Subjects currently serving a prison sentence;

đ) Individuals captured by the enemy who surrendered, betrayed, confessed, recorded in their personal files or listed in enemy capture records stored in the management files of competent authorities in the military;

e) Subjects who have passed away but have no legal heirs.

Those receiving monthly pensions, veteran benefits, or disability allowances; militia, self-defense forces, youth volunteers, fireline civilians, and wartime civilians do not fall under the scope defined in this joint circular.

1. Principles for calculating benefits:

II. BENEFITS ENJOYED

a) The period for calculating benefits is the actual time served in the military from December 22, 1944 to December 31, 1960, where the date of enlistment or recruitment of military personnel and defense workers must be before July 20, 1954, and demobilization (discharge, retirement) must be before December 31, 1960.

b) Within the period from December 22, 1944 to December 31, 1960, if military personnel and defense workers had interrupted periods of military service, these actual periods of service will be accumulated to calculate benefits.

The period for calculating benefits is determined by the following formula:

2. Method of Enjoyment:

a) Calculation Formula:

Thời gian được tính hưởng chế độ xác định theo công thức sau:

When calculating time according to the above formula, if there are fractional months, six months or more are counted as one year, and less than six months are counted as half a year.

b) Calculation Method:

- Calculated based on the actual years of service in the military of the subject, each year entitles to 420,000 VND (four hundred twenty thousand VND).

Example 1: Mr. Nguyen Van A was conscripted in January 1946 and discharged in June 1958. The level of entitlement is as follows:

+ Time of service counted for entitlement = 12 years 6 months, rounded up to 13 years;

+ The one-time allowance amount is: 420,000 VND/year x 13 years = 5,460,000 VND.

Example 2: Mr. Pham Van B was conscripted in November 1947 and discharged in October 1949 due to illness, allowed to rest at home for an extended period; he returned to service in August 1954 and was demobilized in December 1958. The level of entitlement is as follows:

+ Time of service counted for entitlement = 2 years (first period) + 4 years 5 months (second period) = 6 years 5 months, rounded up to 6.5 years;

+ The one-time allowance amount is: 420,000 VND/year x 6.5 years = 2,730,000 VND.

- For subjects with a service period in the military of two years or less, the level of entitlement is uniformly 840,000 VND (eight hundred forty thousand VND).

Example 3: Mr. Tran Van C was conscripted in January 1950 and allowed to rest at home due to illness in March 1951. The level of entitlement is as follows:

+ Time of service counted for entitlement: from January 1950 to March 1951 is 1 year 3 months (less than 2 years);

+ The amount entitled: 840,000 VND.

- For subjects who passed away before May 1, 2002 (before the effective date of Decision No. 47/2002/QĐ-TTg dated April 11, 2002 of the Government), the spouse or legal heir of the deceased shall be entitled to a uniform one-time allowance of 2,000,000 VND (two million VND), regardless of the time served in the military.

In cases where the subject passed away from May 1, 2002 onwards without having received benefits as stipulated in this Circular, only the spouse or legal heir of the deceased shall be entitled to a one-time allowance calculated based on the actual time served in the military of the subject.

III. PROCEDURES AND DOCUMENTS

1. Documents.

a) Documents serving as grounds for review:

- Original documents or documents considered as original documents.

+ Military personnel record; military personnel discharge record;

+ Party member record (if applicable);

+ Discharge orders; discharge notification;

+ Long-term leave permit;

+ Reserve military identification card.

- Related documents:

+ Medal or certificate issued by the competent authority for total resistance war against France or commendation for participation in the resistance war against France during the implementation of Decree No. 28/CP dated April 29, 1995 of the Government;

+ Gold Honor Plaque, Honorable Family Plaque;

+ Other related documents...

b) Regulations on review and approval documents:

- For subjects who still have original documents or documents considered as original documents, the documents include:

+ Personal declaration form; or of relatives being the spouse or legal representative of heirs in cases where the subject has passed away, confirmed by the local commune, ward, town authority (hereinafter referred to as the place of residence).

If the legal representative of the heir makes the declaration, it must be accompanied by a power of attorney from co-heirs of the same rank, confirmed by the local commune (ward) authority where the person granting the power of attorney resides.

+ Notarized copy of one of the original documents or documents considered as original documents as stipulated in point a, Clause 1, Section of this document.

- For subjects who no longer have original documents or documents considered as original documents (only have related documents, or no documents), the documents include:

+ Personal declaration form or of relatives as specified above.

+ Notarized copies of related documents as stipulated and point a, Clause 1, Section of this document (if available), confirmed by the local commune (ward) authority.

+ Minutes of joint meetings of the village, including representatives: Village Party Branch (Village Party Cell), Village Chief, Village Veterans Association, Village Elderly Association (or representatives of party members, veterans, elderly people in places where such organizations have not been established yet), revolutionary old cadre.

+ Minutes of the meeting of the Village Veterans Association Executive Committee, sent to the local commune (ward) authority for review.

+ Confirmation and recommendation letter of the local commune (ward) authority.

For military personnel, defense workers who have been demobilized (discharged, retired) and belong to the subjects specified in this Joint Circular but now reside in another locality, if they do not have sufficient certification of their time served in the military, they must have a confirmation letter from the commune (ward) authority of their hometown or the place of recruitment (enrollment as defense workers); or confirmation from the management agency or unit of the subject before recruitment or while serving.

2. Submission and responsibilities of the subject, local and central agencies.

a) Responsibilities of the subject:

- Fill out the declaration form according to the prescribed model.

- Submit two sets consisting of: Declaration form and notarized copy of one of the original documents or documents considered as original documents or notarized copies of related documents (if available) to the local commune (ward) authority.

- Ensure the truthfulness of the declaration form and personal documents and bear legal responsibility for any violation of the law.

b) Responsibilities of the Commune (Ward) People's Committee:

- Direct and implement the dissemination and popularization among the people and subjects about the content of the benefits and ensure democratic, transparent, strict, accurate, and correct implementation for the right beneficiaries in the locality.

- Establish the Village (Ward) Policy Council chaired by the Chairman (or Vice-Chairman) of the People's Committee, with the Military Command Post as the permanent member, and other members including representatives from the Party Committee, the United Front, the Veterans' Association, the Public Security Board, social welfare officers, and other necessary members (if deemed necessary) to assist the Village (Ward) People's Committee in organizing the implementation of benefits for eligible individuals in accordance with Decree No. 47/2002/QĐ-TTg of the Prime Minister and this Circular.

- Receive applications from eligible individuals seeking benefits, transfer them to the Village Head to organize meetings to review, confirm, and propose recommendations for each individual.

- Compile lists and files of eligible individuals reported by Village Heads; request the Executive Committee of the Veterans' Association to convene meetings to review and confirm. For cases without original documents or considered as such, or where the eligibility period is unclear, the meeting shall establish documentation confirming each specific case.

- Organize review meetings for individuals reported by villages and confirmed by the Executive Committee of the Veterans' Association.

- Post the list of reviewed individuals at the People's Committee office for public opinion and announce the reviewed list through local mass media.

- After 15 days, if there are no objections or complaints from the public, the Village (Ward) People's Committee will compile and prepare reports to the District (City) People's Committee, including: A letter requesting approval from the Village (Ward) People's Committee, accompanied by a summary list of eligible individuals and two sets of individual files.

For individuals without original documents or considered as such, the Village (Ward) People's Committee must thoroughly verify, establish documentation, and propose specific recommendations and be responsible for the content of these confirmations.

In cases of public objections or complaints, the Village (Ward) People's Committee must continue to investigate, review, and report back.

- Organize confirmation of individuals and their service periods in the military (for benefit calculation) based on current residents' requests from other locations (the review process and file handling follow the procedures for individuals without original documents or considered as such in their locality). Within 45 days, transfer reviewed files or respond to individuals' requests.

- Continue to verify and report cases with unclear eligibility or service periods, and unresolved benefit issues as required by competent authorities.

- Monitor the receipt and payment of benefits for eligible individuals.

c) Responsibilities of the District (City) People's Committee:

- Direct villages (wards) and relevant agencies to promote awareness of benefits for all eligible individuals in the locality.

- Establish a Steering Committee chaired by the Chairman (or Vice-Chairman) of the District (City) People's Committee, with the Military Command Post as the permanent member, and other members including representatives from the Organization Department of the District (City) Party Committee, Administrative Organization, Veterans' Association, Labor - Social Welfare Office, Social Insurance Agency, Finance Office to assist the District (City) People's Committee in directing functional agencies and villages (wards) to guide, implement, and monitor compliance.

- Conduct training sessions for county (city) functional agencies and local government leaders and specialized staff regarding benefit content, measures, and implementation procedures.

- Direct the Military Command Post to coordinate with functional agencies to review, assess, compile, and report to the Provincial (City) People's Committee, through the Provincial (City) Military Command Post.

- Lead in resolving local and grassroots-level issues.

d) Responsibilities of the Provincial (City) People's Committee:

- Direct localities and relevant agencies to promote awareness, implement, and monitor compliance with benefit regulations.

- Establish a Steering Committee chaired by the Chairman (or Vice-Chairman) of the Provincial (City) People's Committee, with the Military Command Post as the permanent member, and other members including representatives from the Organization Department of the Provincial (City) Party Committee, Administrative Organization, Veterans' Association, Department of Labor - Social Welfare, Social Insurance Agency, Finance Department to assist the Provincial (City) People's Committee in directing functional agencies and localities under its jurisdiction to implement guidance and organization.

- Direct and lead training sessions for related functional departments; local government leadership and functional agencies of counties (cities).

- Direct the Provincial (City) Military Command Post to coordinate with functional agencies to review assessment results at various levels, compile, and report to the Military Region Command (through the Military Region Policy Office).

- Lead in resolving local issues.

đ) Responsibilities of local military agencies at all levels:

- Responsibilities of the Military Command Post of the District (City):

+ Lead and coordinate with functional agencies to assist the District (City) People's Committee in promoting awareness, implementing, and organizing at all levels. Monitor review processes at the village (ward) level.

+ Receive files of eligible individuals proposed by village (ward) People's Committees. Compile lists to request the Labor - Social Welfare Office and Social Insurance Agency of the District (City) to review those recognized as martyrs, pension recipients, disabled workers, and monthly war invalids.

+ Review and assess files of eligible individuals; compile lists and report to the District (City) Steering Committee for comments.

+ Compile lists of individuals with complete files, draft letters requesting confirmation from the District (City) People's Committee, report to the Provincial (City) Military Command Post, accompanied by individual files (two sets per individual).

+ Prepare a list (accompanied by the file) of cases that have been reviewed and examined at the district (city) level but still unclear regarding the subject and time of military service, or where there are contradictions or issues in the file, to be managed by the People's Committee of the commune (town) for continued review.

+ Directly implement payment to the subjects and settle accounts according to current regulations. Notify members of the district (city) Steering Committee about the list of cases that have been reviewed and paid.

+ Keep a list of subjects entitled to benefits under local management and propose measures to resolve related issues.

- Responsibilities of the Provincial Military Command (Central City):

+ Take the lead and coordinate with relevant agencies to assist the Provincial People's Committee (Central City) in disseminating, organizing, and implementing at all levels.

+ Receive files from the District Military Command (City), organize monitoring, examination, review, and inspection; compile reports for the Steering Committee and the Provincial People's Committee (Central City) to seek opinions.

+ Prepare a list and compile files to report to the Military Region (through the Policy Department), including: The request letter of the Provincial Military Command (City); a list of subjects; subject files (one file per subject).

+ Based on the notification of funds and the approved list, direct the payment to the subjects and settle accounts according to current regulations.

+ Keep a list of subjects entitled to benefits and their files (one file per subject) under local management and propose measures to resolve related issues.

e) Responsibilities of the Military Region:

- Direct and guide subordinate units and local military agencies to implement.

- Receive reports and files from the Provincial Military Command (City). Organize monitoring, examination, inspection, and compile reports to the Ministry of Defense (through the Policy Department - Political General Staff), including: The request letter of the Military Region Command; a list of subjects; subject files (one file per subject).

- Based on the notification of funds and the approved list, direct subordinate military agencies to pay the subjects and settle accounts according to current regulations with the Ministry of Defense (through the Finance Department - Ministry of Defense).

- Direct and inspect the implementation of subordinate units and local military agencies.

g) Responsibilities of relevant agencies of the Ministry of Defense:

- The Policy Department - Political General Staff:

+ Direct and manage the review, examination, and recommendations of Military Regions; compile and submit to the head of the Political General Staff for issuance of decisions on benefit entitlements for subjects;

+ Prepare payment vouchers for one-time allowances and notify the list of subjects entitled to benefits to units;

+ Coordinate with the Finance Department to prepare budget estimates and report to the Ministry of Finance; prepare budget allocation plans for units to organize payments to subjects;

+ Lead and coordinate with relevant agencies to conduct inspections, supervision, and resolution of related issues;

+ Keep lists and files of subjects entitled to benefits (one file per subject).

- Directorate of Finance - Ministry of National Defense:

+ Lead and coordinate with the Policy Department to prepare budgets; notify and allocate funds to units; guide, direct, and supervise payments and settlement of accounts with units;

+ Lead and coordinate with the Policy Department to assist the Ministry in settling accounts with the Ministry of Finance according to current regulations.

- The Cadre Department - Political General Staff, the Military Personnel Department - General Staff:

+ Monitor the number of subjects;

+ Coordinate to handle issues arising during implementation and organization.

IV. IMPLEMENTATION

1. Ministry of National Defense:

a) Delegate the Political General Staff to assist the Ministry of Defense in directing the entire process of implementing benefits for subjects as stipulated in this Joint Circular; based on requests from Military Regions, decide on the level of benefit entitlement for subjects.

b) Manage and direct the organization of payments and settlement of accounts according to the prescribed funding sources guaranteed by the State.

c) Coordinate with other Ministries, Departments, and localities to resolve related issues.

2. Ministry of Finance:

a) Based on the list proposed by the Ministry of Defense, the Ministry of Finance allocates funds for payment to subjects and payment fees in each phase through a budget limit for the Ministry of Defense (through the Finance Department) to organize implementation through the local military administrative system.

b) Direct the settlement of accounts according to current regulations.

3. The process of reviewing, examining, and paying benefits for subjects at various levels shall be carried out as follows:

- For subjects with complete files confirming the correct subject and time of entitlement, concentrate on reviewing and paying benefits conclusively in 2002 and the first quarter of 2003;

- For subjects with incomplete or unclear files, local authorities shall cooperate with relevant agencies to continue verification, review, and resolution;

- For cases without documentation or unclear subjects and times of entitlement, compile and report for further consideration.

4. The funds for payment of benefits as stipulated in this Joint Circular shall be guaranteed by the state budget.

- Payment fees (including: Fees for publicity, implementation, management, review, and payment...) shall be calculated at 4% of the total amount of funds allocated for the implementation of the benefit program, sourced from the state budget.

- Management, payment, and settlement of accounts must be strictly, promptly, and accurately implemented according to current regulations.

5. Those who engage in false declarations, tampering, or forging files will be disciplined or prosecuted criminally and required to compensate for damages (if any) according to the law.

6. This Joint Circular takes effect from May 1, 2002.

During the implementation process, if there are any issues, please reflect them to the relevant ministries for consideration and resolution./.