Joint Circular No. 14/2004/TTLT/BLDTBXH-BYT-BTC guides the implementation of benefits for persons who participated in the resistance war and their offspring affected by chemical toxins used by the United States during the war in Vietnam.

JOINT CIRCULAR

GUIDELINES FOR IMPLEMENTING REGULATIONS ON PERSONS PARTICIPATING IN THE RESISTANCE WAR AND THEIR CHILDREN AFFECTED BY TOXIC CHEMICALS USED BY THE UNITED STATES IN VIETNAM

Pursuant to Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;
Implementing Decision No. 120/2004/QĐ-TTg dated July 5, 2004 of the Prime Minister on certain regulations for persons participating in the resistance war and their children affected by toxic chemicals used by the United States in Vietnam, the Ministry of Labor, Invalids and Social Affairs, the Ministry of Health, and the Ministry of Finance jointly issue the following guidelines:

I. ELIGIBILITY AND CONDITIONS FOR BENEFITS

1. Objectives:

a) Persons participating in the resistance war directly affected by toxic chemicals:

- Officers, soldiers, professional military personnel, defense workers belonging to the People's Army of Vietnam.

- Officers, soldiers, workers belonging to the People's Public Security Forces.

- Public security officers, civilian defense forces, local self-defense forces.

- Village, ward, commune cadres, Party, state administration, Front, and political-social organization cadres, workers, and staff.

- Youth volunteers centralized according to Decision No. 104/1999/QĐ-TTg dated April 14, 1999 of the Prime Minister.

- Civilian fireline workers.

These individuals are collectively referred to as persons participating in the resistance war.

b) Living children of persons participating in the resistance war affected by toxic chemicals.

Military service personnel falling under the categories specified in Article 1 of this Circular may extend their age for active service if they meet all of the following conditions:

a) For persons participating in the resistance war, they must meet the following conditions:

- Have served in combat or support roles in areas affected by the United States' use of toxic chemicals during the anti-American resistance war from August 1961 to April 30, 1975.

- Not currently receiving disability benefits or loss of labor capacity benefits.

- Affected by toxic chemicals resulting in severe illness, birth defects, sterility, or terminal diseases.

b) For living children of persons participating in the resistance war (including children of disabled veterans and civil servants who have retired due to loss of labor capacity) suffering from severe birth defects or deformities caused by toxic chemicals, unable to work.

c) Persons participating in the resistance war and their children suffering from illnesses or deformities caused by toxic chemicals listed in the accompanying annex.

II. BENEFIT REGIMES AND OTHER REGULATIONS

1. Monthly allowance regime:

a) For persons participating in the resistance war affected by toxic chemicals:

- The allowance is 300,000 VND/person/month for those with terminal diseases and unable to work.

- The allowance is 165,000 VND/person/month for those with illnesses and reduced working capacity.

b) For children of persons participating in the resistance war affected by toxic chemicals:

- The allowance is 170,000 VND/person/month for those with severe deformities or disabilities, unable to work, and unable to live independently.

- The allowance is 85,000 VND/person/month for those with deformities or disabilities, unable to work, but able to live independently.

2. Other preferential regimes:

a) If individuals receiving monthly allowances under point 1 of Section II above have not yet received health insurance benefits, the State will purchase health insurance for them at 3% of the current minimum wage.

b) Students whose parents are persons participating in the resistance war with terminal diseases and unable to work, studying at educational institutions within the country (with courses lasting one year or more) without receiving salaries or living expenses, shall be entitled to preferential education and training benefits similar to those for children of disabled veterans with a loss of labor capacity between 61% and 70%.

c) Persons participating in the resistance war receiving a monthly allowance of 300,000 VND/person/month, upon death if not eligible for funeral expenses, the person responsible for burial will receive funeral expenses equivalent to those for disabled veterans with a loss of labor capacity between 61% and 70%.

d) Persons participating in the resistance war with reduced working capacity and their children with deformities or disabilities, still capable of independent living, who are in poverty, will be prioritized for loans from the Employment Support Fund for the Disabled managed by the Policy Bank to improve their livelihood through production and business activities.

đ) Elderly and lonely persons participating in the resistance war without family support and orphaned children of such participants, if unable to sustain themselves in the community, will be considered for placement in care facilities operated by the Department of Labor, Invalids, and Social Affairs.

III. PROCEDURES AND DOCUMENTATION FOR MONTHLY ALLOWANCE REGIME

1. Persons participating in the resistance war and their children as specified in Section I shall submit two copies of the application form (Form No. 01) to the People's Committee of the commune, ward, town (hereinafter referred to as the People's Committee of the commune) one copy.

2. The People's Committee of the commune:

a) Based on the actual conditions of the beneficiaries in the locality to confirm:

- The period of participation in the resistance war from August 1961 to April 30, 1975.

- The health status and post-war birth defects or sterility (for persons participating in the resistance war) and the degree of deformity or disability (for their children) based on the written opinion of the head of the commune health station.

- Working capacity (for persons participating in the resistance war) and ability to live independently (for their children) based on the opinion of the village, ward, or neighborhood group leader.

b) Send the proposal to the Steering Committee for Preferential Treatment of Those Who Have Contributed to the Nation (Recognition Council) of the commune for confirmation.

c) Transfer the file along with a letter to the department responsible for labor, invalids, and social affairs at the district, city, or town level (collectively referred to as the Organizational and Social Affairs Department) for review.

d) In cases where there are remaining issues or complaints regarding the degree of illness, the degree of reduction in labor capacity (for those participating in the resistance war - including wounded soldiers and persons enjoying policies similar to wounded soldiers whose disability rate has been determined without physical wounds), the degree of deformity, disability, and self-reliance in daily life (for children born to those participating in the resistance war), the file shall be transferred along with a letter to the Personnel - Social Welfare Department for coordination with the District Health Center or regional general hospital to conduct inspections, verify, and conclude.

3. The Personnel - Social Welfare Department:

a) Review files, compare lists of those participating in the resistance war and their children affected by chemical toxins, compile lists of those meeting the conditions (Form No. 02a and Form No. 02b), submit them to the People's Committee at the same level for signature on letters accompanying the files sent to the Provincial People's Committees (through the Department of Labor - Invalids and Social Affairs).

b) For cases transferred by the Commune People's Committee for inspection, verification, and conclusion according to paragraph d, point 2, Section III above, but still lack consensus, the Personnel - Social Welfare Department of the district shall transfer the file to the Department of Labor - Invalids and Social Affairs for referral to the Provincial Medical Examination Board for examination. If the loss of labor capacity is 61% or more, it meets the conditions for receiving benefits for those suffering from diseases or reduced labor capacity.

4. The Department of Labor - Invalids and Social Affairs of provinces and centrally-administered cities:

a) Review proposals from districts, counties, and towns, compile lists of beneficiaries (Form No. 02a and Form No. 02b), prepare four consolidated forms (Form No. 03) consistent with the Department of Finance, and submit to the Provincial People's Committee for a decision on allowances (Form No. 04).

b) Based on the approval of the Provincial People's Committee:

- Prepare individual allowance decisions, simultaneously coordinate with the Department of Finance to prepare the budget for allowances and organize the payment of allowances according to current regulations; send one copy of the Decision and one copy of the consolidated allowance report to the Ministry of Labor - Invalids and Social Affairs (Department of Invalids and Martyrs and Those Contributing to the Revolution).

- Organize the retention of files; settle accounts according to current regulations; annually report the results of implementing allowances to the Ministry of Labor - Invalids and Social Affairs and the Ministry of Finance.

IV. SOURCES OF FUNDS FOR PAYING ALLOWANCES AND BENEFITS

Funds for paying allowances and certain preferential benefits stipulated in Section II of this Circular shall be guaranteed by local budgets from social assistance funds allocated annually by the Government. For difficult areas, central government budgets will provide support to implement these measures.

V. IMPLEMENTATION

1. The Department of Labor - Invalids and Social Affairs shall be responsible for:

Coordinating with mass media organizations to publicize and disseminate the contents of Decision No. 120/2004/QĐ-TTg dated July 5, 2004, issued by the Prime Minister, and the guidance provided in this Circular to all levels, sectors, and local residents; inspect and review to ensure correct implementation in terms of target groups, eligibility criteria, and standards.

2. The Department of Health shall be responsible for coordinating with the Department of Labor - Invalids and Social Affairs to guide the verification of illnesses, degrees of deformity, disability, and labor capacity for the subjects specified in Point I of this Circular.

3. The Department of Finance shall be responsible for coordinating with the Department of Labor - Invalids and Social Affairs to appraise the list of beneficiaries and submit it to the Provincial People's Committee for decision-making, ensuring sufficient funding for the implementation of the policy.

4. The Provincial People's Committee of centrally-administered cities shall ensure adequate funding for the implementation of policies for those participating in the resistance war and their children affected by chemical toxins, directing units to fully implement according to the guidance provided in this Circular.

5. Procedures and documents for implementing educational training, health insurance, and funeral expenses for those participating in the resistance war and their children affected by chemical toxins as stipulated in this Circular shall be implemented according to current regulations applicable to those contributing to the revolution.

6. Those participating in the resistance war and their children who were receiving monthly allowances and health insurance before July 1, 2004, under Decision No. 26/2000/QĐ-TTg dated February 23, 2000, issued by the Prime Minister, and related guidelines from the Ministry of Labor - Invalids and Social Affairs, Ministry of Finance, and Ministry of Health shall have their eligibility rechecked by the Department of Labor - Invalids and Social Affairs. If they meet the conditions, they shall proceed with procedures to receive benefits as stipulated in Decision No. 120/2004/QĐ-TTg dated July 5, 2004, issued by the Prime Minister, and the guidance provided in this Circular starting from July 1, 2004.

7. For those currently receiving monthly allowances who have complaints about the degree of illness or reduction in labor capacity, the Department of Labor - Invalids and Social Affairs shall suspend the implementation of benefits and coordinate with relevant agencies to inspect, verify, and conclude according to Section III of this Circular, submitting to the Provincial People's Committee for decision.

8. Those participating in the resistance war and their children who have been managed through lists and have had their files processed for policy benefits since July 1, 2004, shall receive monthly allowances and other benefits from the date of the Provincial People's Committee's Decision.

9. This Circular shall take effect fifteen days after its publication in the Official Gazette and shall replace Circular No. 17/2000/TTLT/BLĐTBXH-BTC dated July 5, 2000, jointly issued by the Ministry of Labor - Invalids and Social Affairs and the Ministry of Finance, and Circular No. 02/2001/TTLT/BYT-BLĐTBXH dated February 12, 2001, jointly issued by the Ministry of Labor - Invalids and Social Affairs and the Ministry of Health.

During implementation, if there are any difficulties, localities are requested to promptly reflect them to the Ministry of Labor - Invalids and Social Affairs, the Ministry of Health, and the Ministry of Finance for resolution./.