Circular No. 12/2000/TT-BLDTBXH guiding the settlement of the allowance for honoring martyrs

CIRCULAR

Guidelines for Implementing the War Memorial Allowance for Martyrs

After nearly five years of implementing the war memorial allowance for martyrs according to Circular No. 28/LDTBXH-TT dated October 31, 1995 of the Ministry of Labor, Invalids, and Social Affairs guiding the implementation of Article 22 of Decree No. 28/CP dated April 29, 1995 of the Government, localities have resolved a large number of cases concerning those entitled to the war memorial allowance for martyrs, but there remain issues regarding eligible recipients and procedures, failing to meet the expectations of those entitled to the allowance.

To date, the Ministry of Labor, Invalids, and Social Affairs has basically completed transferring the martyr files to the provincial Departments of Labor, Invalids, and Social Affairs under the central government. To facilitate localities, the Ministry of Labor, Invalids, and Social Affairs provides specific guidelines for implementing the war memorial allowance for martyrs as follows:

I. OBJECTS

1. Objects:

If a martyr has no surviving relatives (spouse or partner, biological parents, or persons who raised the martyr), then another relative of the martyr, as provided by law, who is currently responsible for the martyr's memorial, shall be eligible for a one-time allowance of 600,000 VND.

2/ Persons not subject to application:

- Individuals who are not spouses, children, biological parents, or persons who raised the martyr and have already received a one-time allowance according to Circular No. 13/LB-TT dated June 2, 1993 (amounting to 1,680,000 VND) or Circular No. 06/LB-TT dated February 4, 1994 (amounting to 3,000,000 VND) issued jointly by the Ministry of Labor, Invalids, and Social Affairs and the Ministry of Finance, or the war memorial allowance for martyrs according to Circulars No. 18/LDTBXH-TT dated August 1, 1995, and No. 28/LDTBXH-TT dated October 31, 1995 (amounting to 600,000 VND) issued by the Ministry of Labor, Invalids, and Social Affairs.

- Other relatives of the martyr who have not yet received the one-time allowance for the war memorial of the martyr, but the spouse of the martyr has remarried and is currently receiving a monthly pension from the martyr.

II. PROCEDURES AND DOCUMENTATION

1/ Application form of the person currently responsible for the martyr's memorial.

2/ Minutes of the meeting of siblings (if they exist) or representatives of the clan (if no siblings exist) agreeing to appoint someone to be responsible for the martyr's memorial, clearly stating the number of the Merit Certificate of the Fatherland, the number, and the date of the decision.

3/ Certificate of the person entitled to the war memorial allowance for martyrs issued by the People's Committee of the commune, ward, town (hereinafter referred to as the commune) and proposed (model No. 1).

4/ Decision on one-time allowance signed by the Director of the Department of Labor, Invalids, and Social Affairs.

III. IMPLEMENTATION

1/ The People's Committee of the commune, after reviewing and verifying the application form and the minutes of the meeting of siblings or the clan, fully records all relevant factors in the certificate of the person entitled to the war memorial allowance for martyrs. In cases where there is no Merit Certificate number, number, and date of the decision, the reason must be clearly stated before transferring the file of the person entitled to the war memorial allowance (as stipulated in points 1, 2, and 3 of Section II above) to the Labor, Invalids, and Social Affairs Office (or Organizational Labor Social Affairs Office) of the district, city district, town, or city under the province (hereinafter referred to collectively as the Labor, Invalids, and Social Affairs Office).

2/ The Labor, Invalids, and Social Affairs Office, after reviewing, prepares a list (according to the content of model No. 2) and submits it to the People's Committee for approval, then sends the list along with the file to the Department of Labor, Invalids, and Social Affairs.

3/ The Department of Labor, Invalids, and Social Affairs reviews and cross-checks the original files of martyrs under its management, supplements each case, compiles a comprehensive list for the entire province or city (model No. 3), prepares a summary table of persons entitled to the war memorial allowance for martyrs (three copies - model No. 4), and submits it to the Chairman of the Provincial People's Committee (or the Director of the Department of Labor, Invalids, and Social Affairs if authorized) for approval.

4/ The Director of the Department of Labor, Invalids, and Social Affairs decides on the one-time allowance for the person responsible for the martyr's memorial and directs the implementation of the payment of this allowance according to the budget forecast and financial allocation regulations stipulated in Joint Circular No. 135/1998/TTLT/BTC-BLDTBXH dated October 16, 1998 of the Ministry of Finance and the Ministry of Labor, Invalids, and Social Affairs.

Files of persons entitled to the war memorial allowance for martyrs are kept together with the martyr files.

5/ After the summary table is approved, the Department of Labor, Invalids, and Social Affairs transfers two copies to the Ministry of Labor, Invalids, and Social Affairs (Department of Martyrs and Persons with Meritorious Service) for monitoring and adjusting funds according to the quarterly progress of localities.

This circular takes effect fifteen days after the date of signature and replaces the provisions on the war memorial allowance for martyrs in Circular No. 18/LDTBXH-TT dated August 1, 1995 and Circular No. 28/LDTBXH-TT dated October 31, 1995 of the Ministry of Labor, Invalids, and Social Affairs.

During the implementation process, if there are any issues, the Departments of Labor, Invalids, and Social Affairs should promptly report to the Ministry of Labor, Invalids, and Social Affairs for guidance on resolution.

FORM NO. 01

People's Committee of the commune, ward...

Martyr certificate: ...File number...

Merit Certificate of the Fatherland number...

Decision number...date...month...year...

Place of origin (recorded according to the certificate):...

Has relatives applying for the war memorial allowance:

Note any necessary details (other martyrs in the family, against France or America, defending the country, clearly state the name of the martyr)

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After reaching consensus among the siblings of the martyr (or their representative), accompanied by minutes. The People's Committee of the commune, ward has reviewed and agreed to propose the implementation of the war memorial allowance for martyrs for Mr./Mrs....recorded in this certificate.

...day month year 20...

FAMILY OF MARTYR T.M PEOPLE'S COMMITTEE OF THE COMMUNE, WARD

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