Decision No. 120/2004/QĐ-TTg On certain benefits for persons who participated in the resistance war and their children affected by chemical toxins used by the United States during the Vietnam War

Pursuant to …;

Regarding certain benefits for individuals participating in the resistance war and their biological children affected by chemical toxins used by the United States during the Vietnam Warnhiễm chất độc hóa học do Hoa Kỳ sử dụng trong chiến tranh Việt Nam

_________________________

PRIME MINISTER

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

At the proposal of the Minister of Labor, Invalids and Social Affairs,

DECISION:

Article 1. The subjects eligible to receive benefits under this Decision include:

1. Military personnel from various armed forces, civil officials of the Party, and volunteers who worked, fought, or served in areas where the United States used chemical toxins during the Vietnam War from August 1961 to April 30, 1975, who are not currently receiving disability pensions or loss-of-labor capacity allowances but have given birth to deformed or disabled children or are infertile due to the consequences of chemical toxins and fall into the following categories:

a) Suffering from serious illnesses caused by chemical toxins, unable to work.

b) Suffering from illnesses caused by chemical toxins, with reduced working capacity.

2. Living biological children of the subjects specified in Clause 1 of Article 1, biological children of disabled veterans, and biological children of state employees who lost labor capacity due to chemical toxins and fall into the following category:

a) Severely deformed or disabled, unable to work, and unable to live independently.

b) Deformed or disabled, unable to work but able to live independently.

Article 2.

1. The allowance amount is 300,000 VND/person/month for the subjects specified in Point a, Clause 1, Article 1.

2. The allowance amount is 165,000 VND/person/month for the subjects specified in Point b, Clause 1, Article 1.

3. The allowance amount is 170,000 VND/person/month for the subjects specified in Point a, Clause 2, Article 1.

4. The allowance amount is 85,000 VND/person/month for the subjects specified in Point b, Clause 2, Article 1.

Article 3

1. Subjects specified in Clause 1, Article 1 who are elderly, alone, and without support, and subjects specified in Clause 2, Article 1 who are orphans may be considered for placement in social welfare facilities.

2. Subjects entitled to allowances under Article 1 of this Decision, if they have not yet received medical insurance benefits, shall be provided with medical insurance coverage at a rate of 3% of the minimum wage by the State.

3. Students whose parents are specified in Point a, Clause 1, Article 1 and who are studying at educational institutions under the national education system without receiving salaries or living expenses shall be entitled to preferential treatment in education and training as stipulated for the children of disabled veterans with a loss of labor capacity between 61% and 70%, as prescribed in Article 64 of Decree No. 28/CP dated April 29, 1995 of the Government.

4. Subjects specified in Point a, Clause 1, Article 1 who are receiving monthly allowances and are not eligible for funeral expenses upon death shall be provided with funeral expenses as stipulated for disabled veterans with a loss of labor capacity upon death, as prescribed in Article 39 of Decree No. 28/CP dated April 29, 1995 of the Government.

5. Subjects specified in Point b, Clause 1, Article 1 and Point b, Clause 2, Article 1 who still have the ability to work and are classified as impoverished shall be prioritized for loans from the National Employment Fund, Poverty Eradication Fund to engage in production and business activities to improve their livelihoods.

Article 4.

1. Funding for the implementation of allowances, preferential education and training, medical insurance, and funeral expenses as prescribed in this Decision shall be allocated within the annual social security expenditure budget of localities as currently regulated.

Additional funding in 2004 due to the inclusion of new subjects and adjustment of allowance levels to support localities will be sourced from the central government's reserve budget for 2004.

2. The implementation of allowances according to the provisions of this Decision shall commence on July 1, 2004.

Subjects currently receiving allowances under Decision No. 26/2000/QĐ-TTg dated February 23, 2000 of the Prime Minister shall receive allowances according to this Decision starting from July 1, 2004.

Subjects specified in Article 1 of this Decision who establish files and procedures to confirm their status as beneficiaries from July 1, 2004 onwards shall receive allowances according to this Decision from the date the provincial People's Committee issues its decision.

Article 5.

1. The Ministry of Labor, Invalids, and Social Affairs shall be responsible for defining and guiding the implementation of the content of the file, confirmation procedures, and monitoring the implementation of allowances for beneficiaries in all localities.

2. The Ministry of Health shall lead and coordinate with the Ministry of Labor, Invalids, and Social Affairs and relevant agencies to guide and inspect the determination of diseases, deformities, disabilities, and working capacity of those specified in Article 1, serving as the basis for determining allowance levels as prescribed in this Decision.

3. The Ministry of Finance shall ensure the budget source and guide the use of funds for the subjects specified in this Decision.

4. Provincial People's Committees shall organize the implementation of this Decision according to the guidance of the Ministry of Labor, Invalids, and Social Affairs and the Ministry of Finance.

Article 6. This Decision replaces Decision No. 26/2000/QĐ-TTg dated February 23, 2000 of the Prime Minister and takes effect 15 days after its publication in the Official Gazette.

Article 7. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of provincial People's Committees shall be responsible for implementing this Decision./.