Circular No. 12/1999/TT-BLDTBXH guiding the amendment and supplementation of the application form for certain subjects who have rendered meritorious service to the revolution and the establishment of files for those engaged in the resistance war currently working at agencies and units.

CIRCULAR

Guidelines for amending and supplementing the declaration form for certain subjects who have contributed to the revolution and establishing files for revolutionary activists currently working at agencies and units. working at agencies and units

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Implementing Decree No. 28/CP dated April 29, 1995 of the Government, the Ministry of Labor, Invalids and Social Affairs issued Circular No. 22/LDTBXH-TT dated August 29, 1995 and Circular No. 25/LDTBXH-TT dated September 28, 1995 on procedures for establishing and managing files of those who have contributed to the revolution. To date, management has gradually become more systematic, but mainly only applies to revolutionary activists receiving supplementary allowances for "pre-revolutionary activities," those captured and imprisoned by the enemy, and the majority of revolutionary activists who have returned to their localities. However, there are still some points in the declaration forms that are not entirely appropriate; the management and implementation of policies for revolutionary activists currently working face many procedural issues; many people have reached the age to enjoy preferential benefits but have yet to be resolved.

In order to ensure that policies are correctly applied to the right individuals and benefits, avoiding unnecessary complications, aligning with file management practices, and addressing feedback from various regions; the Ministry of Labor, Invalids and Social Affairs provides guidelines for amending and supplementing the declaration form for revolutionary activists, revolutionary resistance fighters, those captured and imprisoned by the enemy, and establishing files for revolutionary resistance fighters who have been awarded for their resistance achievements and are currently working in agencies (referred to collectively as agencies) as follows:

I - REGARDING THE DECLARATION FORM FOR REVOLUTIONARY ACTIVISTS, REVOLUTIONARY RESISTANCE FIGHTERS, OR THOSE CAPTURED AND IMPRISONED BY THE ENEMY:

1 - The basic principle remains the establishment of declarations and certification according to the model attached to Circular No. 25/LDTBXH-TT dated September 28, 1995; now supplemented with two additional contents for those captured and imprisoned by the enemy (declaration form attached to this circular).

Declarations should indicate which category they belong to by underlining the relevant category in the title of the declaration. For example:

+ Declaration of a revolutionary resistance fighter for national liberation:

Declaration of a revolutionary activist,

revolutionary resistance fighter, or captured and imprisoned by the enemy

+ Declaration of a revolutionary activist, revolutionary resistance fighter captured and imprisoned by the enemy:

Declaration of a revolutionary activist,

revolutionary resistance fighter or captured and imprisoned by the enemy.

2 - Those captured and imprisoned by the enemy who have declared according to the declaration form in Circular No. 25/LDTBXH-TT dated September 28, 1995, but have not yet had their benefits resolved by the time this circular takes effect, the Department of Labor, Invalids and Social Affairs shall guide them to supplement the declaration form according to the attached declaration form in this circular.

II - ESTABLISHING FILES FOR REVOLUTIONARY RESISTANCE FIGHTERS CURRENTLY WORKING IN AGENCIES:

1 - The agency responsible for managing cadres, workers, and employees shall guide revolutionary resistance fighters who have been awarded for their resistance achievements and are currently working in their agency (hereinafter referred to as revolutionary resistance fighters) to fill out the declaration form according to the prescribed model. Based on the cadre files currently retained, the agency head shall certify, sign, and stamp each individual's declaration form according to their authority, and establish a list of revolutionary resistance fighters in the agency (model attached). Each individual's declaration form should be kept together with the cadre, worker, and employee files of the agency and used in the following cases:

a - When a revolutionary resistance fighter reaches the age of 60 for men and 55 for women, the agency managing them shall transfer the declaration form along with an introduction letter to the District or County Labor, Invalids, and Social Affairs Office where the person resides or works, following the guidance of the Department of Labor, Invalids, and Social Affairs, to process the monthly or one-time preferential allowance benefit.

b - If a revolutionary resistance fighter who has not yet received preferential allowances dies after January 1, 1995, the agency managing them shall hand over the declaration form, death certificate, and introduction letter directly to the main family members of the revolutionary resistance fighter to the District or County Labor, Invalids, and Social Affairs Office where the family resides to process the one-time preferential allowance benefit according to regulations.

c - If a revolutionary resistance fighter who has not yet reached the age to receive allowances transfers to a new workplace, the declaration form shall be transferred together with the cadre files to the new agency for continued management according to their authority.

2 - The certification section in each individual's declaration form, the agency shall record specifically:

a - Actual time spent in revolutionary resistance (number of years, number of months), without recording converted time based on coefficients.

+ Revolutionary resistance time is divided into two stages: the stage against French colonialism from August 19, 1945 to July 20, 1954, and the stage against American intervention from July 21, 1954 to April 30, 1975. Each stage has its own form of award, so the certification of time for revolutionary resistance must be based on being awarded for summarizing resistance achievements.

+ Individuals who have spent time in revolutionary resistance but have not been awarded for summarizing resistance achievements, or those who have spent time in revolutionary resistance during both stages but have only been awarded for summarizing resistance achievements in one stage, the agency responsible for managing cadres shall guide the resolution of awards (one stage or both stages) according to the regulations of the State Merit and Reward Institute before certifying it in each individual's declaration form.

+ Individuals who have spent time in revolutionary resistance at the grassroots level (non-detached) and have been awarded for summarizing resistance achievements, the agency responsible for managing cadres shall base on the files and records they manage to certify the actual number of years and months spent in revolutionary resistance according to the position specified in the Regulations on Awarding for Summarizing Resistance Achievements to calculate preferential benefits for revolutionary resistance.

b - Type and rank of Huân, Huy chương for summarizing resistance achievements, decision number and date, month, year, signature of the decision to award.

3- The provincial Labour, Invalids and Social Affairs Departments shall be responsible for guiding the examination of files and the procedures for implementing the regime for persons who participated in the resistance war according to current regulations; if there are any difficulties, they shall contact the management agency of persons who participated in the resistance war to reach a unified solution. At the same time, they shall take measures to manage the number of persons who participated in the resistance war in agencies located within their jurisdiction together with the number of such persons in communes and wards to proactively develop plans and organize the full, thorough, and timely implementation of all regimes.

4- The establishment of files for persons who participated in the resistance war currently working in the Military and Public Security forces shall be guided by the Ministry of National Defence and the Ministry of Public Security, or they may agree with the Ministry of Labour, Invalids and Social Affairs to provide guidance (if necessary).

III- IMPLEMENTATION:

This Circular shall take effect fifteen days from the date of signature. Previous provisions contrary to this Circular shall be abolished.

During the course of implementation, if there are any difficulties, please report them to the Ministry of Labour, Invalids and Social Affairs for guidance on resolution.