Circular No. 119/2023/TT-BQP promulgates the Procedure for Determining the Identity of Remains of Martyrs with Incomplete Information

CIRCULAR

Issuing Identification Procedures for Remains of Martyrs with Incomplete Information

Pursuant to the Ordinance on Preferential Treatment for Those Contributing to the Revolution;

Article 1. Amending and supplementing certain articles of the Regulations on Medical Examination and Treatment for Officers Resigning from Military Service with at Least 15 Years of Service in the Military, issued together with Decision No. 33/2003/QĐ-BQP dated April 7, 2003 of the Minister of National Defense, which has been amended and supplemented by Circular No. 139/2011/TT-BQP dated August 1, 2011 of the Minister of National Defense.

Pursuant to Decree No. 01/2022/NĐ-CP dated November 30, 2022 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of National Defense;

At the proposal of the Director of the General Logistics Department;

The Minister of National Defense issues this Circular on the Identification Procedures for Remains of Martyrs with Incomplete Information.

Article 1. Scope of Regulation

This Circular stipulates the procedures and forms for identifying the identity of remains of martyrs with incomplete information.

Article 2. Applicability

Agencies, units, organizations, and individuals related to the implementation of identification procedures for remains of martyrs with incomplete information.

Article 3. Definitions and Abbreviations

1. Explanation of Terms

 National Steering Committee 515: is the National Steering Committee for searching, collecting, and identifying the identity of remains of martyrs.

Office of the National Steering Committee 515: is the assisting agency of the National Steering Committee 515, located at the Policy Department of the Ministry of National Defense, responsible for advising and proposing the establishment of programs and plans; guiding, inspecting, and urging the implementation of policies and regulations regarding the search, collection of remains of martyrs, and identification of their identities; ensuring the activities of the National Steering Committee.

Standing Office of the Steering Committee 515 at all levels: is the assisting agency of the Steering Committee 515 at the same level; responsible for advising and proposing management, guidance, and organization of the provision, receipt, and processing of information about martyrs and their graves; establishing programs and plans, verifying, concluding information, and organizing the search and collection of remains of martyrs and identification of their identities.

Inter-agency Working Group: is a temporary working group established by the competent authority, including representatives from relevant agencies, units, and organizations, tasked with collecting and processing data on martyrs related to graves with incomplete information to identify the identity of remains of martyrs.

Remains Identification Process: is the process of examining and assessing the shape and structure of remains of martyrs. The results of the morphological examination of remains will supplement information, evaluate the degree of suitability, and propose methods for implementing subsequent steps to identify the identity of remains of martyrs with incomplete information.

Sample of Remains of Martyrs: is a sample of bones or teeth of remains of martyrs collected for DNA analysis to identify the identity of remains of martyrs. The sample of remains of martyrs must be selected and collected by a specialist or someone trained in sampling techniques.

Biological Sample of Relatives of Martyrs: is a biological sample of a person related by blood to the martyr whose identity needs to be identified. The biological sample of relatives of martyrs is used for DNA analysis. The process of determining the subject and collecting samples must be carried out by a specialist or someone trained in sampling techniques.

2. Abbreviations

BCĐ 515: Steering Committee for Project 515

LĐTB&XH: Labor, Invalids, and Social Affairs

NTLS: Martyrs' Cemetery

HCLS: Remains of Martyrs

Article 4. Procedures for Collecting and Processing Data on Martyrs with Incomplete Information

The Standing Office of the BCĐ 515 at all levels receives applications for collecting and processing data on martyrs with incomplete information. The compiled information is recorded in Form BM01-QT01.01/HCLS as specified in Appendix V, issued together with this Circular.

The Department of Labor, Invalids, and Social Affairs establishes an inter-agency working group to carry out the tasks.

The working group, provincial Department of Labor, Invalids, and Social Affairs, cemetery management board, localities, collection teams, and witnesses conduct surveys of martyrs' cemeteries and areas where remains of martyrs are searched and collected. The working group prepares a survey report.

The working group, provincial Department of Labor, Invalids, and Social Affairs, cemetery management board, provincial military command, collection teams, units, localities, organizations, and individuals related to the task collect and provide information and documents related to martyrs, martyrs' cemeteries, and remains of martyrs with incomplete information. Collected information is recorded in Forms BM02-QT01.01/HCLS and BM03-QT01.01/HCLS as specified in Appendix V, issued together with this Circular.

Based on the collected information, the working group builds a report on the results of information collection.

The working group and the Office of the BCĐ 515 supplement missing information for remains of martyrs and graves with incomplete information into the烈士遗骸身份信息不完整的收集和处理数据程序

工作组将档案移交给劳动荣军与社会部。劳动荣军与社会部接收档案，补充墓碑和管理档案上的信息。军队机关和单位接收、补充和修改烈士档案和管理名单中的信息。

具体实施方法详见附录I，随本通知一并发布。

Article 5. Procedure for Excavation and Examination of Morphological Remains of Unknown Fallen Soldiers

The Department of Labor, Invalids and Social Affairs shall prepare the Application File for Excavation and Examination of Morphological Remains to identify the identity of unknown fallen soldiers. It requests the examination agency to carry out excavation, morphological examination of remains, and hand over the file to the examination agency.

The examination agency receives the file, supplements relevant information, develops an examination plan, and assigns the examination team to perform the tasks.

The examination team and the cooperating agency implement the excavation and morphological examination of fallen soldiers' remains according to the established plan. The examination results are recorded in Form BM01-QT02.01/HCLS.

The examination team collects samples for DNA analysis as part of the subsequent process. The sample collection results are recorded in Section III of Form BM01-QT02.01/HCLS as stipulated in Appendix V issued together with this Circular.

The examination team and the cooperating unit implement the restoration of the grave site of the fallen soldier handed over to the responsible agency or individual managing the grave.

The examination agency hands over the examination file of morphological remains and collected fallen soldier samples to the Department of Labor, Invalids and Social Affairs for further processing.

Detailed methods of implementation are guided in Appendix II issued together with this Circular.

Article 6. Procedure for Collection and Preservation of Samples of Fallen Soldiers' Remains and Biological Samples of Relatives for DNA Analysis to Identify Unknown Fallen Soldiers

The Department of Labor, Invalids and Social Affairs prepares the Application File for Collection of Fallen Soldiers' Remains Samples and Biological Samples of Relatives for DNA Analysis to identify the identity of unknown fallen soldiers. It requests the examination agency to collect samples and hand over the file to the examination agency.

The examination agency receives the file, supplements relevant information, develops a plan for sample collection and preservation, and assigns the examination team to perform the task of collecting and preserving samples for DNA analysis.

The examination team and the cooperating agency implement sample collection according to the plan.

a) For fallen soldiers' remains samples, the sample collection process is carried out concurrently with the excavation and morphological examination of fallen soldiers' remains (as stipulated in Article 5 of this Circular). Detailed methods and techniques for sample collection are guided in Part A of Appendix III issued together with this Circular. Sample collection information is recorded in Section III of Form BM01-QT02.01/HCLS as stipulated in Appendix V issued together with this Circular.

b) For biological samples of relatives of fallen soldiers, the methods and techniques for sample collection are implemented according to the procedures guided in Parts B, C, and D of Appendix III issued together with this Circular. Sample collection information is recorded in Form BM01-QT02.02/HCLS as stipulated in Appendix V issued together with this Circular.

The examination agency hands over the file and samples to the Department of Labor, Invalids and Social Affairs after completing the sample collection task.

The examination agency assigned the task of DNA analysis to identify the identity of unknown fallen soldiers, after the Department of Labor, Invalids and Social Affairs implements sample preservation according to the procedures guided in Appendix III issued together with this Circular.

Article 7. Procedure for DNA Analysis to Identify the Identity of Unknown Fallen Soldiers

The Department of Labor, Invalids and Social Affairs completes the Application File for DNA Analysis, supplements necessary information in the sample file, and codes the sample symbols according to professional regulations. It identifies and requests the examination agency to conduct DNA analysis. It hands over the file and samples to the examination agency assigned the task of identifying the identity of unknown fallen soldiers.

The examination agency receives the file, supplements relevant professional information, develops a DNA analysis plan, and assigns the examination team to perform the DNA analysis task.

The examination team performs the DNA analysis procedure according to the plan.

The examination agency hands over the DNA analysis results and returns the remaining samples after analysis to the Department of Labor, Invalids and Social Affairs for processing according to regulations.

The DNA analysis procedure is detailed in Appendix IV issued together with this Circular.

Article 8. Principles for Implementing Procedures to Determine the Identity of War Casualties with Incomplete Information

The four procedures specified in Articles 4, 5, 6, and 7 of this Circular are technical processes of two methods: evidentiary and DNA forensic identification; they are dialectically interrelated.

One, two, three, or all of these procedures may be selected and applied until sufficient scientific evidence is obtained to determine the identity of war casualties.

Article 9. Forms and Records of the Process to Determine the Identity of War Casualties with Incomplete Information

The forms and records of the process to determine the identity of war casualties with incomplete information, including sixteen forms, are stipulated in Appendix V attached to this Circular.

Article 10. Implementation Organization

1. Responsibilities of Agencies and Units Subordinate to the Ministry of National Defense

a) General Political Department

Directs agencies and media outlets within the military to cooperate with central and local media organizations in promoting the Party's and State's policies on determining the identity of war casualties with incomplete information; mobilizing organizations and individuals to provide information about war heroes and their graves to support the process of identifying war casualties.

Directs the Policy Bureau - Office of the National Steering Committee 515 to coordinate with relevant agencies, units, and localities in advising, proposing, guiding, and implementing; directs military units to review files and lists of war heroes and provide information about war heroes to related units, organizations, and individuals performing the task of identifying war casualties with incomplete information.

b) General Staff Headquarters

Directs functional agencies to guide military agencies and units in continuing to organize and implement the decoding of military unit symbols and designations during wartime; providing information for the process of identifying war casualties with incomplete information.

c) Logistics General Department

Advises the Ministry of National Defense to coordinate with the Ministry of Labor, Invalids, and Social Affairs, and report to the Government for nationwide implementation.

Directs the Medical Service Bureau to coordinate with internal and external military agencies and units in implementing the process.

d) Military Regions

Directs war casualty collection teams under their authority to collect, store, verify, and provide necessary information for agencies and units executing the task of identifying war casualties with incomplete information. Report results through the Policy Bureau/General Political Department as prescribed.

2. Responsibilities of Relevant Agencies, Units, Organizations, and Individuals

a) Ministry of Labor, Invalids, and Social Affairs, Ministry of Health, Vietnam Academy of Science and Technology direct subordinate agencies and units to perform tasks of identifying war casualties with incomplete information according to the procedures, forms, and guidelines set out in this Circular.

b) People's Committees of provinces and centrally-administered cities direct Departments of Labor, Invalids, and Social Affairs to closely cooperate, ensure favorable conditions, and provide information to forces tasked with identifying war casualties with incomplete information within their jurisdiction.

c) Relevant agencies and units coordinate with agencies and units of the Ministry of National Defense and the Ministry of Labor, Invalids, and Social Affairs in carrying out work to identify war casualties with incomplete information.

d) Organizations, families, and individuals who independently undertake the task of identifying war casualties with incomplete information should contact competent authorities to receive guidance on properly implementing the procedures outlined in this Circular.

Article 11. Effective Date

This Circular takes effect from February 5, 2024.

Article 12. Responsibility for Implementation

Heads of agencies, units, organizations, and individuals concerned are responsible for enforcing this Circular.

Any difficulties encountered during implementation should be promptly reported to the Ministry of National Defense (through the Medical Service Bureau/Logistics General Department) for consideration and resolution within its authority or reporting to the competent authority for resolution./.