Joint Circular No. 138/2015/TTLT-BQP-BLDTBXH-BTC guiding the implementation of Decision No. 49/2015/QD-TTg dated October 14, 2015 of the Prime Minister on certain regimes and policies for civilian fireline workers participating in the resistance against France and America, protecting the Fatherland, and performing international missions.

JOINT CIRCULAR

Guidelines for Implementing Decision No. 49/2015/QĐ-TTg
dated October 14, 2015 of the Prime Minister on certain benefits and policies for civilian workers who participated in the resistance against France, the United States, the war to protect the country, and international missions
AGAINST THE UNITED STATES, IN THE WAR TO DEFEND THE COUNTRY AND IN INTERNATIONAL DUTY
resisting America, protecting the fatherland during the war and fulfilling international missions

Pursuant to Decision No. 49/2015/QĐ-TTg dated October 14, 2015 of the Prime Minister on certain benefits and policies for civilian workers who participated in the resistance against France, the United States, the war to protect the country, and international missions (hereinafter referred to as Decision No. 49/2015/QĐ-TTg);

Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Pursuant to Decree No. 106/2012/NĐ-CP dated December 20, 2012, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;

Pursuant to Decree No. 215/2013/NĐ-CP dated December 23, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance,

The Ministers of National Defense, Labor, Invalids and Social Affairs, and Finance hereby issue this Joint Circular guiding the implementation of Decision No. 49/2015/QĐ-TTg.

Article 1. Scope of Regulation

Athletes This Circular guides the implementation of the one-time allowance, health insurance, funeral expenses allowance, and issuance of the "Certificate" for civilian workers who participated in the resistance against France, the United States, the war to protect the country, and international missions.

Article 2. Subjects and Conditions for Application

1. Recipients

Civilian workers who participated in the resistance against France, the United States, the war to protect the country, and international missions.

2. Conditions for Application

Individuals who were mobilized and managed centrally by the Administrative Committee or People's Committees at district level or higher, or by competent agencies or units with authority to mobilize and manage centrally, assigned tasks to serve combat operations for military units or serve battlefields, including: transporting weapons, equipment, ammunition, food; transporting wounded soldiers and disabled veterans; constructing temporary roads, filling bomb craters, ensuring traffic and communication, sharpening stakes, setting traps; digging trenches, building fortifications, battle positions, defensive areas, within the time and territory specified in Point a, b, c Clause 2 Article 2 of Decision No. 49/2015/QĐ-TTg.

Article 3. Subjects not subject to application

Implemented according to the provisions of Article 3 of Decision No. 49/2015/QĐ-TTg.

Article 4. Time for Enjoyment of Benefits

1. The time for enjoying the one-time allowance is the actual time directly participating in civilian fireline work, from the date of being mobilized and managed centrally until the completion of the task and return to the locality.

2. In cases where individuals have participated in civilian fireline work in different periods or with interruptions, the time can be accumulated for benefit calculation.

Article 5. One-time Allowance System

1. Individuals meeting the conditions stipulated in Article 2 of this Circular shall enjoy the one-time allowance fixed according to the actual time directly participating in civilian fireline work, specifically as follows:

a) Less than one year, the allowance amount is 2,000,000 VND;

b) One year or more but less than two years, the allowance amount is 2,700,000 VND;

c) Two years or more, the allowance amount is 3,500,000 VND.

2. In cases where the individual has passed away, one of the following relatives of the deceased: spouse; father, mother; child, adopted child, or legally recognized foster child shall enjoy the one-time allowance according to the corresponding unified level as mentioned above.

Example 1: Mr. Nguyen Van A participated in civilian fireline work in November 1953, completed his mission and returned to the locality in May 1954. The method for calculating the one-time allowance for Mr. Nguyen Van A is as follows:

The period of participation in civilian fireline work from November 1953 to May 1954 is seven months; the amount of the one-time allowance is 2,000,000 VND.

Example 2: Ms. Ngo Thi B participated in civilian fireline work in the first period from August 1965, completed her mission and returned to the locality in January 1966; in the second period, she participated in civilian fireline work in the southwestern border county from May 1975, completed her mission and returned to the locality in October 1975. The method for calculating the one-time allowance for Ms. Ngo Thi B is as follows:

First period: From August 1965 to January 1966 is six months;

Second period: From May 1975 to October 1975 is six months.

Total participation time in two periods is: six months + six months = twelve months; the amount of the one-time allowance is 2,700,000 VND.

Example 3: Mr. Duong Van C participated in civilian fireline work in Dien Lap County, Lang Son Province from July 1980, completed his mission and returned to the locality in September 1982. The method for calculating the one-time allowance for Mr. Duong Van C is as follows:

The period of participation in civilian fireline work from July 1980 to September 1982 is two years and three months; the amount of the one-time allowance is 3,500,000 VND.

Example 4: In the case of Mr. Nguyen Van A as stated in Example 1, but Mr. A has passed away. According to regulations, the relative of Mr. A shall enjoy the one-time allowance of 2,000,000 VND.

Article 6. Health Insurance Regime

1. Subjects who meet the conditions as guided in Article 2 of this Circular and have not yet enjoyed the health insurance regime shall be entitled to enjoy a health insurance regime similar to that prescribed for subjects under Point d, Clause 3, Article 12 of the Health Insurance Law (amended and supplemented in 2014).

2. In cases where subjects meet the conditions to enjoy different health insurance regimes, they shall only be issued one health insurance card and may choose the regime with the highest benefit level.

Article 7. Funeral Allowance

1. Subjects who meet the conditions to enjoy a one-time allowance as guided in Article 2 of this Circular, upon death, the person handling funeral arrangements shall be entitled to a funeral allowance at the level prescribed by the law on social insurance.

2. In cases where the subject died before January 1, 2016, the person handling funeral arrangements shall not be entitled to a funeral allowance.

3. In cases where the subject dies from January 1, 2016 onwards without having a decision on entitlement to a one-time allowance from the competent authority, when such a decision is made, the person handling funeral arrangements shall be entitled to a funeral allowance according to the regulations.

Article 8. Issuance of Certificate of Participation in Civil Defense Fireline

Subjects who meet the conditions to enjoy a one-time allowance as guided in Article 2 of this Circular, and have a decision from the competent authority, when receiving the one-time allowance, shall be issued a Certificate of Participation in Civil Defense Fireline. The model of the Certificate of Participation in Civil Defense Fireline is issued together with Decision No. 4969/QĐ-BQP dated November 20, 2015 of the Minister of National Defense.

Article 9. Sources of Funding for Implementation

1. The funding for paying the one-time allowance to the subjects guided in Article 5 of this Circular shall be guaranteed by the Central Budget. The Ministry of Finance shall allocate funds based on the proposal of the Ministry of National Defense and transfer them to units and localities for payment.

2. The funding for purchasing health insurance cards and implementing funeral allowances as guided in Articles 6 and 7 of this Circular shall be guaranteed by the local budget.

3. The funding to ensure the work of reviewing and paying the one-time allowance as guided in Article 5 of this Circular shall be 4% of the total funding for paying the subjects guaranteed by the Central Budget.

The content of the funding to ensure the work of reviewing and paying includes: Propaganda and dissemination of policies; training and professional development; review and verification of files; inspection, summary, and finalization; printing of documents, forms, and Certificates of Participation in Civil Defense Fireline; office supplies; minor repairs of equipment serving management, review, and payment. The expenditure level shall be implemented according to the current regulations of the State.

Article 10. Documents and Procedures for Implementing One-Time Allowance

1. The documents of the subject for consideration of entitlement, including:

a) Personal Declaration Form

- For living civil defense fireline participants, it is filled out according to Model 1A attached to this Circular;

- For deceased subjects, their relatives fill it out according to Model 1B attached to this Circular.

b) Documents proving participation in civil defense fireline (if available)

Original or certified copy of a document issued by the People's Committee of the commune, one of the following documents showing participation in civil defense fireline: Officer's resume or Party member's resume declared before Decision No. 49/2015/QĐ-TTg took effect, which includes the period of participation in civil defense fireline; list of mobilizations for civil defense fireline participation of the locality; file enjoying policies for persons with meritorious service, social insurance benefits, declaring the period of participation in civil defense fireline.

2. Procedure for Processing Entitlement

a) Subjects meeting the conditions to enjoy a one-time allowance as guided in Article 2 of this Circular or relatives of deceased subjects shall fill out the declaration form and directly submit one set of documents as guided in Clause 1 of this Article to the People's Committee of the commune where they are registered as permanent residents;

b) In batches, within five working days from the date of receipt of complete documents as stipulated, the People's Committee of the commune shall complete the review process, prepare two sets of documents for each subject; hold a meeting of the Commune Policy Council according to Model 2, write a recommendation letter according to Model 3A, attach a list of beneficiaries according to Model 3B, report to the Military Command of the district. Cases that are unclear about the beneficiary, the time of entitlement, or have complaints or accusations shall be left for further verification and clarification, if eligible, report later;

c) The Military Command of the district shall complete the review, comparison, and consolidation process within ten working days from the date of receipt of complete documents reported by the People's Committee of the commune (in batches) and report to the County Steering Committee for comments; complete the documents, write a recommendation letter according to Model 3A, send to the Provincial Military Command or the Political Department of the Hanoi Military Command, attaching the documents for the one-time allowance (two sets per subject) and the list of beneficiaries according to Model 3B;

d) The Provincial Military Command or the Political Department of the Hanoi Military Command shall receive the documents reported by the Military Command of the district; within ten working days from the date of receipt of complete documents (in batches), complete the review and consolidation process, report to the Provincial Steering Committee for comments; complete the documents, write a recommendation letter according to Model 3A, send to the competent authority as follows:

- The Provincial Military Command reports and proposes the Military Region Command (through the Policy Office) to verify and issue a decision on entitlement to a one-time allowance, attaching one set of documents and the list of beneficiaries according to Model 3B for each subject; retain one set of documents and the list of beneficiaries for each case.

- The Political Department of the Hanoi Military Command consolidates and proposes the Hanoi Military Command to issue a decision on entitlement to a one-time allowance.

e) Within no more than ten working days from the date of receipt of complete documents (in batches), the Military Region Command and the Hanoi Military Command shall complete the verification process and issue a decision on entitlement to a one-time allowance according to Model 4, after obtaining the verification opinion of the Policy Bureau of the General Political Department.

e) After receiving the subsidy funding, within ten working days, the Military Command Board at the district level shall organize the payment of the one-time allowance regime to ensure timely, transparent, strict, and accurate disbursement; hand over the Certificate of Participation in Civil Fireline Labor along with the one-time allowance payment; and implement file storage according to regulations.

Article 11. File and Procedure for Issuing Health Insurance Cards

The file and procedure for issuing health insurance cards for subjects eligible for one-time allowance benefits, as guided in Article 2 of this Circular, shall be carried out similarly in accordance with the laws on health insurance for persons who have rendered meritorious service to the revolution.

Article 12. File and Procedure for Funeral Allowance Payment

1. The file of the relatives of the subject to apply for funeral allowance payment includes:

a) A copy of the decision granting one-time allowance benefits of the deceased subject;

b) Death certificate.

2. Procedure for Funeral Allowance Payment

a) For the relatives of the subject

Submit the file in accordance with the guidance provided in Clause 1 of this Article to the People's Committee of the commune where the subject's permanent residence is registered.

b) Commune People's Committees

Within five working days from the date of receipt of the complete file as prescribed from the relatives of the subject, review and complete two sets of files, prepare a letter of request according to Model No. 5A and a list of requests for funeral allowance payment according to Model No. 5B, and send them to the Department of Labor, Invalids, and Social Affairs at the district level.

c) Department of Labor, Invalids, and Social Affairs at the district level

Within ten working days from the date of receipt of the complete file as prescribed transferred by the People's Committee of the commune, review, examine, prepare a letter of request according to Model No. 5C, compile a list according to Model No. 5B, and attach one set of the file of the relatives of the subject, then send it to the Department of Labor, Invalids, and Social Affairs at the provincial level.

d) Department of Labor, Invalids, and Social Affairs at the provincial level

Within ten working days from the date of receipt of the complete file as prescribed transferred by the Department of Labor, Invalids, and Social Affairs, review, compile a list, store the file, and issue a decision on allowance benefits, transferring the decision together with the funding to the Department of Labor, Invalids, and Social Affairs at the district level for payment to the relatives of the subject.

đ) Upon receipt of the funeral allowance funding transferred by the Department of Labor, Invalids, and Social Affairs, within ten working days, the Department of Labor, Invalids, and Social Affairs shall directly pay the allowance to the relatives of the subject.

Article 13. Responsibilities of Local Authorities and Functional Agencies in Organizing Implementation of Certain Benefits and Policies for Civil Fireline Labor Participants

1. For the People's Committees at the commune level

a) Establish a Commune Policy Council chaired by the Chairman (or Vice-Chairman) of the People's Committee, with the Head of the Militia Company and the Labor, Invalids, and Social Affairs Officer serving as permanent members, and other members including representatives from the Party Committee (or branch party committee for places without a party committee), the People's Council, the United Front, the Public Security Police, the Executive Committee of the Veterans' Association, the Executive Committee of the Former Youth Volunteers Association, the Executive Committee of the Elderly Association, the Civil Fireline Labor Liaison Board (if any), to assist the People's Committee in guiding the organization of implementation;

b) Identify the periods during which the commune sent people to participate in civil fireline labor, the number of participants in each period, report to the People's Committee at the district level through the Military Command Board for verification at the commune level;

c) Promote and disseminate information about benefits and policies for the people and those participating in civil fireline labor;

d) Direct the Commune Policy Council to receive and consolidate files, organize democratic, transparent, and accurate meetings for examination according to the following provisions:

When organizing examination meetings, the Commune Policy Council shall report and invite representatives from the District Steering Committee, convene the Heads of Villages, Secretaries of Village Branches, Executive Committees of the Veterans' Association, Civil Fireline Labor Liaison Boards (if any), and some representatives of former cadres responsible for the local party committee, government, and military organs during the resistance war and the defense of the country, as well as representatives of subjects who have enjoyed benefits under Decisions No. 47/2002/QĐ-TTg dated April 11, 2002, No. 142/2008/QĐ-TTg dated October 27, 2008, and No. 62/2011/QĐ-TTg dated November 9, 2011 of the Government to attend;

đ) Coordinate with the Military Command Board at the district level to organize the payment of benefits and hand over the Certificate of Participation in Civil Fireline Labor to the subjects; ensuring transparency, strictness, accuracy, and timeliness;

e) In cases where the subject was born and served in civil fireline labor in another locality but now resides elsewhere and requests confirmation of their file, the Commune Policy Council (with the aforementioned composition) shall organize the examination, and if they meet the conditions, the People's Committee at the commune level shall confirm and recommend the local authority where the subject is currently registered to consider and propose enjoyment of benefits in accordance with the regulations.

2. For the People's Committees at the district level

a) Establish a District Steering Committee chaired by the Chairman (or Vice-Chairman) of the People's Committee at the district level, with the Military Service Office and the Department of Labor, Invalids, and Social Affairs serving as permanent members, and other members including representatives from the Party Committee, the People's Council, the United Front at the same level; relevant departments such as Public Security, Home Affairs, Finance, the Executive Committee of the Veterans' Association, the Executive Committee of the Former Youth Volunteers Association, the Executive Committee of the Elderly Association, the Civil Fireline Labor Liaison Board (if any); establish an Advisory Team (including representatives from the leadership of the People's Committees in different periods, the Military Command Board, the Home Affairs Department, the Department of Labor, Invalids, and Social Affairs, Veterans, Archives...; the head of the Advisory Team is a commander from the district-level military service office);

b) Strengthen propaganda and dissemination of benefits and policies for the people and subjects who participated in civil fireline labor in the locality. Organize training for functional agencies at the district level and leaders, cadres, and members participating in the Commune Policy Council;

c) Based on stored files and reports from the Commune Policy Council, direct the Advisory Team to determine the periods of participation in civil fireline labor and the number of participants from each commune in the district; report conclusions of the District Steering Committee and inform the Commune Policy Councils as a basis for examination;

d) Take the lead in inspecting the implementation and resolving any issues or problems arising in the locality.

3. For provincial people's committees

a) Establish a Steering Committee headed by the Chairman (or Vice-Chairman) of the provincial people's committee as the Chairperson, with the military office, Labor - Invalids and Social Affairs serving as permanent members, and other members including representatives from the Party Committee, People's Council, Fatherland Front, Public Security, Home Affairs, Finance, Veterans' Association, Former Youth Volunteers Association, Senior Citizens' Association, Civilian Fireline Support Command Liaison Board (if available), and invite representatives who were former Party Committee cadres, government officials, and heads of military offices during different periods;

b) Direct localities and relevant functional agencies to publicize policies and regulations for the people and civilian fireline support personnel in their respective areas. Organize training sessions for provincial functional agencies and leaders of local governments, as well as county-level functional agencies; implement policies and regulations strictly, democratically, transparently, accurately, conveniently, without errors or corruption;

c) Direct the Provincial Military Command and the Political Department of the Hanoi Capital Military Command to hand over decisions and lists of beneficiaries of one-time allowances to the provincial Labor - Invalids and Social Affairs Department for management, and implement health insurance and funeral expenses subsidies for beneficiaries according to regulations; transfer certificates of participation in civilian fireline support issued by the Military Zone Command or the Hanoi Capital Military Command to the County Military Command for distribution to beneficiaries along with the payment of one-time allowances;

d) Direct the provincial Labor - Invalids and Social Affairs Department to guide and implement health insurance and funeral expenses subsidies for beneficiaries based on decisions and lists provided by the Provincial Military Command or the Political Department of the Hanoi Capital Military Command, in accordance with current laws on health insurance and social insurance;

đ) Take the lead in inspecting implementation and resolving any issues or complications arising at the local level;

4. For Military Zone Commands and the Hanoi Capital Military Command

a) Establish a Steering Committee headed by a senior officer of the Command as the Chairperson, with the Political Department head serving as the Deputy Chairperson in charge, and other members including the Policy Office, Finance Office, Military Affairs Office, Propaganda Office, General Office, and related offices;

b) Direct and guide subordinate units to publicize and disseminate policies and regulations; organize training sessions for leaders and specialized staff of Steering Committees and subordinate units; implement policies for beneficiaries in their respective areas;

c) Compile and report to the Ministry of National Defense (through the Policy Bureau of the General Political Department) decisions and lists of beneficiaries of one-time allowances (five copies each) for consolidation and proposal to the Ministry of Finance to ensure funding;

d) Archive beneficiary files (one set per individual); transfer one decision and list of beneficiaries of one-time allowances to the Provincial Military Command or the Political Department of the Hanoi Capital Military Command for handover to the provincial Labor - Invalids and Social Affairs Department;

đ) Based on decisions and lists of beneficiaries of one-time allowances, issue certificates of participation in civilian fireline support for each individual and transfer them to the Provincial Military Command or the Political Department of the Hanoi Capital Military Command;

e) Direct and implement the return of original documents to beneficiaries (if applicable);

g) Take the lead in inspecting and resolving any issues or complications arising within subordinate agencies and localities under their jurisdiction, organizing investigations and conclusions or issuing directives and proposals for units to investigate and conclude when fraudulent claims or false documentation are discovered;

5. For functional agencies of the Ministry of National Defense

a) Policy Department/Political General Staff

- Coordinate and direct propaganda and dissemination of the support regime and policies; provide guidance on implementation;

- Organize reviews of applications for one-time allowance benefits proposed by Military Zone Commands and the Hanoi Capital Military Command;

- Aggregate funds requested for one-time allowances by Military Zones and the Hanoi Capital Military Command, report to the Head of the General Political Department, propose to the Ministry of Finance for allocation, coordinate with the Financial Department of the Ministry of National Defense to allocate funds for implementation by units;

- Archive decisions and lists of beneficiaries of one-time allowances reported by Military Zones and the Hanoi Capital Military Command; simultaneously digitize lists of beneficiaries for publication on the Ministry of National Defense's policy portal;

- Take the lead and coordinate in resolving issues and problems that arise;

b) The Financial Department of the Ministry of National Defense

Report to the Minister of National Defense to allocate budget quotas and provide funding to Military Zones and the Hanoi Capital Military Command for implementation; manage and direct settlement of accounts according to current regulations; coordinate and direct inspections and resolution of issues arising during implementation;

Article 14. Implementation Organization

1. Ministry of National Defense

a) On the basis of the Steering Committee implementing policies and regulations for individuals participating in resistance wars, national defense wars, and international missions, organize the establishment and supplementation of the Ministry of National Defense Steering Committee; focus on directing and organizing strict implementation of the Central Committee's guidelines, Prime Minister's Decisions, and guiding documents; promptly determine and supplement policies, solutions, programs, plans, and ensure strict, democratic, fair, and transparent implementation;

b) Coordinate with relevant ministries and sectors to direct, guide, and inspect functional agencies, units, and localities in implementing policies and regulations for civilian fireline support personnel as stipulated in Decision No. 49/2015/QĐ-TTg and this Circular; authorize the General Political Department to issue letters requesting the Ministry of Finance to ensure funding for one-time allowances for beneficiaries;

c) Direct subordinate agencies to organize review, verification, issuance of decisions, and timely payment of one-time allowances strictly; settle accounts according to current regulations;

d) Take the lead in coordinating inspections and resolution of issues and complications arising during implementation;

2. Ministry of Labor, Invalids and Social Affairs

a) Direct the Labor, Invalids and Social Affairs sector at all levels to participate in Steering Committees and Policy Councils at local levels;

b) Chair and direct localities in implementing the health insurance regime and funeral allowance for eligible subjects as prescribed.

3. Ministry of Finance

a) Based on the budget allocation proposal of the Ministry of National Defense, ensure funding for the one-time subsidy regime and funding for the review and payment process in accordance with the State Budget Law; audit final accounts in accordance with current regulations;

b) Chair and coordinate with relevant agencies to periodically and randomly inspect the use of funds for implementing policies for eligible subjects as prescribed by law.

Article 15. Effective Date

1. This Circular takes effect from February 1, 2016.

2. The regimes and policies guided by this Circular shall be implemented from January 1, 2016.

During the implementation process, if there are any difficulties, agencies, units, and localities should report to the joint ministries (through the Ministry of National Defense) for consideration and resolution./.

Place of Receipt:

- Prime Minister; Deputy Prime Ministers (for reporting);

- Government Office;

- President's Office;

- Central Party Office and Party Committees;

- National Assembly's Office;

- Central Steering Committee for Anti-Corruption Office;

- State Financial Supervisory Committee;

- Ethnic Council and Committees of the National Assembly;

- Ministries, agencies equivalent to ministries, and government agencies;

- People's Committees of provinces and centrally governed cities;

- Supreme People's Court;

- Supreme People's Procuracy;

- State Audit Agency;

- Departments of Labor, Invalids and Social Affairs, Departments of Finance of provinces and centrally governed cities;

- Social Policy Bank;

- Vietnam Development Bank;

- Vietnam Fatherland Front Central Committee;

- Central Agencies of Mass Organizations;

- Central Vietnam Veterans Association;

- Vietnam Former Youth Volunteers Association;

- Legal Draft Inspection Department (Ministry of Justice);

- Official Gazette, Government Portal;

- Websites of the Ministry of Finance, Ministry of Labor, Invalids and Social Affairs;

- Relevant units under the Ministry of National Defense;

- To be filed: Ministry of National Defense, Ministry of Labor, Invalids and Social Affairs, Ministry of Finance; Q 350.