Circular No. 14/2023/TT-BCA guiding the procedures for recognizing and implementing preferential policies for persons who have rendered meritorious service to the revolution under the responsibility of the Ministry of Public Security.

CIRCULAR

Guidelines for the recognition process and implementation of preferential treatment for individuals who have contributed to the revolution under the responsibility of the Ministry of Public Security

The Minister of Public Security issues this Circular to guide the recognition process and implementation of preferential treatment for individuals who have contributed to the revolution under the responsibility of the Ministry of Public Security.

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Decree No. 131/2021/NĐ-CP dated December 30, 2021 of the Government detailing and providing implementation measures for the Ordinance on Preferential Treatment for Persons Contributing to the Revolution;

At the proposal of the Director of the Cadre and Civil Servant Management Department;

The Minister of Public Security hereby issues this Circular to guide the recognition process and implementation of preferential treatment for individuals contributing to the revolution under the responsibility of the Ministry of Public Security.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the procedures for recognizing persons contributing to the revolution (hereinafter referred to as persons contributing to the revolution); managing files and implementing preferential treatment for persons contributing to the revolution under the responsibility of the Ministry of Public Security as stipulated in Decree No. 131/2021/NĐ-CP dated December 30, 2021 of the Government detailing and providing implementation measures for the Ordinance on Preferential Treatment for Persons Contributing to the Revolution (hereinafter referred to as Decree No. 131/2021/NĐ-CP).

Article 2. Applicability

1. Officers, non-commissioned officers, soldiers, public security workers, and contractual employees receiving salary from the state budget (hereinafter collectively referred to as officers and soldiers) who are currently working or have been transferred out of the People's Public Security (retirement, discharge, resignation, transfer of profession).

2. Units under the Ministry, provincial public security organs, and municipal public security organs directly under the central government (hereinafter abbreviated as public security units and localities).

3. Agencies, organizations, and individuals related to the recognition and implementation of preferential treatment for individuals contributing to the revolution and their dependents under the responsibility of the Ministry of Public Security.

Chapter II

PROCEDURE FOR RECOGNITION AND IMPLEMENTATION OF PREFERENTIAL TREATMENT FOR PERSONS CONTRIBUTING TO THE REVOLUTION

Article 3. Recognition procedure for individuals engaged in revolutionary activities before January 1, 1945

1. Individuals shall fill out the declaration form according to Model No. 01 of Appendix I of Decree No. 131/2021/NĐ-CP and submit it to the People's Committee of the commune, ward, town where they reside (hereinafter abbreviated as the People's Committee at the grassroots level), along with one of the documents specified in Article 5 of Decree No. 131/2021/NĐ-CP.

2. After receiving all the documents as prescribed in Clause 1 and Clause 2, Article 7 of Decree No. 131/2021/NĐ-CP transferred by the People's Committee at the grassroots level, the Standing Committee of the Party Central Committee of the Public Security shall instruct the Personnel and Cadres Department to take the lead in reviewing and reporting.

3. The Personnel and Cadres Department shall, within twenty days from the date of receipt of all the documents, be responsible for coordinating with relevant public security units and localities to verify and complete the file, propose the Standing Committee of the Party Central Committee of the Public Security to consider and issue a decision recognizing individuals who were engaged in revolutionary activities before January 1, 1945 according to Model No. 49 of Appendix I of Decree No. 131/2021/NĐ-CP; transfer the file along with the recognition decision to the Department of Labor, Invalids, and Social Affairs where the beneficiary resides permanently to implement preferential treatment.

Article 4. Recognition procedure for individuals who participated in the revolutionary movement from January 1, 1945 to August Uprising Day, 1945

1. Individuals shall fill out the application form according to Form No. 02 in Appendix I of Decree No. 131/2021/NĐ-CP and submit it to the People's Committee of the commune where they reside, along with one of the documents specified in Article 10 of Decree No. 131/2021/NĐ-CP.

2. After receiving all the documents as prescribed in Clause 1 and Clause 2, Article 12 of Decree No. 131/2021/NĐ-CP transferred by the People's Committee at the grassroots level, the Standing Committee of the Party Central Committee of the Public Security shall instruct the Personnel and Cadres Department to take the lead in reviewing and reporting.

3. The Personnel and Cadres Department shall, within twenty days from the date of receipt of all the documents, be responsible for coordinating with relevant public security units and localities to verify and complete the file, propose the Standing Committee of the Party Central Committee of the Public Security to consider and issue a decision recognizing individuals who were engaged in revolutionary activities from January 1, 1945 to August 1945 according to Model No. 49 of Appendix I of Decree No. 131/2021/NĐ-CP; transfer the file along with the recognition decision to the Department of Labor, Invalids, and Social Affairs where the beneficiary resides permanently to implement preferential treatment.

Article 5. Procedure for establishing files to request recognition as烈士

1. The public security unit and locality where the officer or soldier worked prior to their sacrifice shall be responsible for checking, verifying, establishing, and completing the necessary documents as prescribed in Article 17 of Decree No. 131/2021/NĐ-CP; within fifteen days from the date of having all the documents, they shall be responsible for issuing the death certificate according to Model No. 34 of Appendix I of Decree No. 131/2021/NĐ-CP and submitting a detailed report on the circumstances of the sacrifice of the officer or soldier to the Personnel and Cadres Department.

In cases where the officer or soldier sacrificed due to particularly courageous actions in saving people or property of the State or the people, or preventing and apprehending criminals, which serve as exemplary models with educational significance and wide dissemination throughout society as stipulated in Point k, Clause 1, Article 14 of the Ordinance on Preferential Treatment for Persons Contributing to the Revolution 2020; within twelve days from the date of receiving one of the documents specified in Point a, Clause 7, Article 17 of Decree No. 131/2021/NĐ-CP and a copy of the award decision for medals, the public security unit and locality shall submit a proposal accompanied by the documents specified in Clause 1, Article 19 of Decree No. 131/2021/NĐ-CP to the Ministry of Labor, Invalids, and Social Affairs to organize a nationwide campaign to learn from the exemplary model. Within twelve days from the date of receiving the decision to organize the nationwide campaign to learn from the exemplary model, the public security unit and locality shall be responsible for issuing the death certificate and submitting a detailed report to the Personnel and Cadres Department.

2. The Personnel and Cadres Department shall, within twenty days from the date of receipt of the complete file, be responsible for reviewing and proposing the leadership of the Ministry of Public Security to sign a proposal accompanying the file for recognition as a martyr to be sent to the Ministry of Labor, Invalids, and Social Affairs for verification. Within five days from the date of receiving the "National Memorial" plaque and a copy of the decision to issue the plaque,

3. The public security unit and locality shall, within fifteen days from the date of receiving the "National Memorial" plaque and a copy of the decision to issue the plaque along with the martyr's file, be responsible for notifying the representative of the martyr's family and coordinating with the People's Committee at the grassroots level where the representative of the martyr's family resides to organize a memorial service for the martyr; presenting the "National Memorial" plaque to the representative of the martyr's family. In cases where there are no longer any relatives of the martyr, the memorial service for the martyr shall be organized, and the "National Memorial" plaque shall be handed over to the People's Committee at the grassroots level where the martyr resided before sacrificing. Hand over the file along with a copy of the decision to issue the "National Memorial" plaque to the Department of Labor, Invalids, and Social Affairs of the locality where the memorial service for the martyr was held.

Article 6. Procedure for Implementing Preferential Treatment for National Hero Military Force Personnel Currently Working in the People's Public Security

1. Individuals shall fill out the declaration form according to Model No. 04 of Appendix I of Decree No. 131/2021/NĐ-CP and attach a certified copy of the decision conferring the title of hero or a certified copy of the Hero Medal and send it to the public security unit and locality where they work.

2. The public security unit and locality shall, within ten days from the date of receipt of all the documents as prescribed in Clause 1 of this Article, be responsible for checking, reviewing, confirming the declaration form, and submitting a proposal accompanied by the file to the Personnel and Cadres Department.

3. The Personnel Organization Department shall, within fifteen days from the date of receiving complete files, be responsible for examining and issuing a decision on preferential allowances according to Model No. 58 in Appendix I of Decree No. 131/2021/NĐ-CP, and transferring the file along with the decision to the Public Security unit or local authority where the file was established for management and implementation of preferential policies.

Article 7. Procedure for Recognizing War Invalids or Granting One-time Disability Allowance

1. The Public Security unit or local authority currently managing officers and soldiers who have been injured shall be responsible for checking, verifying, establishing, and completing the necessary documents in accordance with Article 37 of Decree No. 131/2021/NĐ-CP (for cases where officers and soldiers have been transferred outside the People's Public Security, the Public Security unit or local authority where they were working at the time of injury shall implement this); within fifteen days from the date of having all required documents, they shall issue an injury certificate according to Model No. 35 in Appendix I of Decree No. 131/2021/NĐ-CP for those meeting the conditions, and issue an introduction letter according to Model No. 38 in Appendix I of Decree No. 131/2021/NĐ-CP along with a copy of the file sent to the Medical Appraisal Board with jurisdiction to determine the percentage of bodily damage due to injuries.

In cases where officers and soldiers are injured due to particularly courageous actions in saving people or property belonging to the State or the people, or preventing and apprehending individuals committing crimes, which serve as exemplary models with educational significance and wide dissemination in society as stipulated in point k, clause 1 of Article 23 of the Preferential Treatment Ordinance for Those Contributing to the Revolution in 2020; within twelve days from the date of receiving one of the documents specified in point a, clause 7 of Article 17 of Decree No. 131/2021/NĐ-CP and a copy of the award decision, the Public Security unit or local authority shall submit a proposal letter along with the aforementioned documents to the Ministry of Labor, Invalids and Social Affairs to organize a nationwide campaign to learn from the exemplary model. Within twelve days from the date of receiving the decision to organize the nationwide campaign to learn from the exemplary model, the Public Security unit or local authority shall issue an injury certificate and an introduction letter along with a copy of the file sent to the Medical Appraisal Board with jurisdiction to determine the percentage of bodily damage due to injuries.

Within ten days from the date of receiving the medical appraisal record, the Public Security unit or local authority shall submit a document along with the file requesting recognition as an injured soldier or issuance of a one-time disability allowance to the Personnel Organization Department; the proposal letter of the Public Security unit or local authority shall detail the injury case, accompanied by two portrait photographs (blue background, size 2x3cm) of the injured person.

2. The Personnel Organization Department shall, within fifteen days from the date of receiving complete files, be responsible for examining and issuing a decision on granting an injured soldier certificate and preferential allowances according to Model No. 59 in Appendix I of Decree No. 131/2021/NĐ-CP and issuing an injured soldier certificate according to Model No. 102 in Appendix I of Decree No. 131/2021/NĐ-CP for cases with a percentage of bodily damage of 21% or more, or issuing a decision on a one-time disability allowance according to Model No. 61 in Appendix I of Decree No. 131/2021/NĐ-CP for cases with a percentage of bodily damage between 5% and 20%; transferring the file along with the decision and certificate (if applicable) to the Public Security unit or local authority where the request was made for management and implementation of preferential policies for officers and soldiers. For cases where officers and soldiers have been transferred outside the People's Public Security (transferred to another department, discharged from military service, resigned, retired), the Public Security unit or local authority shall transfer the file to the Department of Labor, Invalids and Social Affairs where the officer or soldier resides.

3. Military personnel who have been re-injured after being examined shall follow the procedures stipulated in Clauses 1 and 2 of this Article.

Article 8. Procedure for re-examining the degree of bodily injury for disabled veterans currently working in the People's Public Security who have particularly recurrent injuries and adjusting allowances and subsidies

1. Individuals making a request shall submit a request form according to Model No. 33 in Appendix I of Decree No. 131/2021/NĐ-CP along with a summary of the hospitalization records for recurrent wounds from a district-level hospital or health center or equivalent (including military hospitals and public security hospitals), surgical report (if surgery was performed) to the Public Security unit or local authority where they are currently working.

2. The Public Security unit or local authority shall, within twenty days from the date of receiving all required documents as stipulated in Clause 1 of this Article, be responsible for comparing the file currently stored at the Public Security unit or local authority, if the conditions are met, they shall submit a document along with the required documents and copies of the injured soldier file, copies of the injury certificate, and copies of previous appraisal records to the Personnel Organization Department for examination.

3. The Personnel Organization Department shall, within twenty days from the date of receiving complete files, be responsible for examining according to Model No. 91 in Appendix I of Decree No. 131/2021/NĐ-CP, and notifying the results along with the file back to the Public Security unit or local authority. If necessary, they shall exchange letters with relevant agencies under the Ministry of Labor, Invalids and Social Affairs before responding to the Public Security unit or local authority.

4. The Public Security unit or local authority shall, within ten days from the date of receiving the examination results from the Personnel Organization Department, issue an introduction letter according to Model No. 38 in Appendix I of Decree No. 131/2021/NĐ-CP for cases meeting the conditions and send it to the Medical Appraisal Board with jurisdiction along with a copy of the examined file. Within ten days from the date of receiving the medical appraisal record, the Public Security unit or local authority shall complete the file according to regulations and submit a proposal letter to the Personnel Organization Department.

5. The Personnel Organization Department shall, within twenty days from the date of receiving complete files, be responsible for issuing a decision on adjusting preferential allowances according to Model No. 60 in Appendix I of Decree No. 131/2021/NĐ-CP; issuing a new injured soldier certificate according to Model No. 102 in Appendix I of Decree No. 131/2021/NĐ-CP; transferring the file along with the decision and injured soldier certificate to the Public Security unit or local authority where the request was made for management and implementation of preferential policies.

Article 9. The procedure for re-examining the percentage of bodily injury for persons who are still employed in the People's Public Security working with residual injuries, residual metal fragments, or temporary percentage of bodily injury, or examining and supplementing injuries and adjusting benefits.

1. Individuals submit a request according to Model No. 33 in Appendix I of Decree No. 131/2021/NĐ-CP to the Public Security unit or local police where they work. In cases where the injured person has residual metal fragments, they must attach the results of imaging and diagnosis from a district-level hospital or equivalent medical center (including military and public security hospitals); if surgery has been performed to remove foreign objects, they must attach the surgical record or a summary of the medical file noting this information.

2. Within ten days from the date of receiving all required documents as stipulated in Clause 1 of this Article, the Public Security unit or local police have the responsibility to compare the files currently held at the Public Security unit or local police, and if the conditions are met, issue an introduction letter according to Model No. 38 in Appendix I of Decree No. 131/2021/NĐ-CP and send it along with a copy of the war invalid file to the Medical Examination Board with authority.

In cases where multiple injuries have been examined but some injuries or residual injuries, residual metal fragments have not been recorded in the injury certificate, the Public Security unit or local police will issue a supplementary injury certificate.

Within ten days from the date of receiving the medical examination report, the Public Security unit or local authority shall prepare a document along with the application file and send it to the Cadre Organization Department.

3. Within twenty days from the date of receiving all files, the Cadre Organization Department shall be responsible for reviewing and issuing decisions to adjust allowances and preferential subsidies according to Model No. 60 in Appendix I of Decree No. 131/2021/NĐ-CP or decisions to issue certificates of war invalidity and allowances and preferential subsidies according to Model No. 59 in Appendix I of Decree No. 131/2021/NĐ-CP, issuing or replacing certificates of war invalidity according to Model No. 102 in Appendix I of Decree No. 131/2021/NĐ-CP for cases of supplementary injuries, residual injuries, residual metal fragments, or temporary percentage of bodily injury exceeding 21% after re-examination; transferring the file along with the decision to the Public Security unit or local police where the application was made for management and implementation of preferential policies.

Article 10. Procedure for Recognizing War Invalids

1. Individuals submit a request and attach one of the documents specified in Clause 3 of Article 48 of Decree No. 131/2021/NĐ-CP to the Public Security unit or local police where the officer or soldier worked before discharge or resignation.

2. Within twelve days from the date of receiving all required documents as stipulated in Clause 1 of this Article, the Public Security unit or local police shall be responsible for checking, establishing, and completing the documents as prescribed in Article 48 of Decree No. 131/2021/NĐ-CP; in cases meeting the conditions, issue a disease certificate according to Model No. 36 in Appendix I of Decree No. 131/2021/NĐ-CP and issue an introduction letter according to Model No. 38 in Appendix I of Decree No. 131/2021/NĐ-CP along with a copy of the file sent to the Medical Examination Board with authority to determine the percentage of bodily injury due to illness.

Within five days from the date of receiving the medical examination report; the Public Security unit or local police shall prepare a document along with the application file for recognition of disabled veteran status and send it to the Cadre Organization Department. The application document of the Public Security unit or local police shall detail the case of illness, accompanied by two portrait photos (blue background, size 2x3cm) of the ill person.

3. Within ten days from the date of receiving all files, the Cadre Organization Department shall be responsible for reviewing and issuing decisions to issue certificates of disabled veteran status and allowances and preferential subsidies according to Model No. 63 in Appendix I of Decree No. 131/2021/NĐ-CP; issuing certificates of disabled veteran status according to Model No. 102 in Appendix I of Decree No. 131/2021/NĐ-CP and transferring the file along with the decision and certificate to the Public Security unit or local police where the application was made for moving the file to the Department of Labor, Invalids, and Social Affairs where the disabled veteran resides.

1. An individual specified in Point b, Clause 1, Article 61 of Decree No. 131/2021/NĐ-CP shall submit a request for issuance of a certificate of time and place of imprisonment to the provincial police (hereinafter referred to as the provincial police) where they reside.

1. Individuals specified in point b, Clause 1 of Article 61 of Decree No. 131/2021/NĐ-CP submit a request for issuance of a confirmation of imprisonment period and place of imprisonment to the Provincial Public Security (hereinafter referred to as Provincial Public Security) where they reside.

2. Based on the content of the request, the Provincial Public Security shall be responsible for coordinating with relevant agencies and units to verify, collect evidence as the basis for confirmation within twenty days (in special cases within forty days) from the date of receipt of the request; if there is sufficient information and evidence related to revolutionary activities, resistance, national defense, international duty, being captured, imprisoned by the enemy, then issue a confirmation of imprisonment period and place of imprisonment. If there is insufficient basis for issuance, a response letter shall be issued to the individual making the request.

2. In complex cases, the provincial police shall establish a verification team to clearly conclude about the unit and the missing case; whether there is or is not evidence of betrayal, surrender, recruitment, desertion, corruption, or violation of the law. The verification team shall consist of representatives from the provincial police, local government, and relevant agencies and units. If there is insufficient basis for issuing the verification form, provide a written response to the individual who submitted the request.

1. Within forty days from the date of receipt of the request from individuals as stipulated in Clause 1 of Article 73 of Decree No. 131/2021/NĐ-CP, the Provincial Public Security shall be responsible for coordinating with relevant agencies and units to check, compare files, documents, archives for verification and collection of evidence as the basis for issuance of verification certificates; if there is sufficient information and evidence related to missing persons, the Provincial Public Security shall issue a verification certificate according to Model No. 90 in Appendix I of Decree No. 131/2021/NĐ-CP.

2. In complex cases, the Provincial Public Security shall establish a verification team to clearly conclude on the unit and case of disappearance; whether there is evidence of betrayal, surrender, recruitment, desertion, corruption, or violation of the law. The verification team shall consist of representatives from the Provincial Public Security, local government, and relevant agencies and units. If there is insufficient basis for issuance of a verification certificate, a response letter shall be issued to the individual making the request.

Article 13. Procedure for receiving files and requesting recognition as烈士 for police officers who died or went missing during wartime

1. Representatives of the relatives of deceased or missing persons have the responsibility to submit the documents specified in Clause 1 of Article 74 of Decree No. 131/2021/NĐ-CP to the People's Committee of the commune where the deceased or missing person resided immediately before joining the People's Public Security.

2. The police force at the district, county, town directly under a province, city directly under a provincial-level city, or city directly under the central government (hereinafter referred to as the district-level police force) where the deceased or missing person was last registered as a resident immediately before joining the People's Public Security or the People's Army (in cases where they were conscripted and then transferred to work in the public security system) shall, within fifteen days from the date of receiving all required documents as stipulated in point c, Clause 2, Article 74 of Decree No. 131/2021/ND-CP transferred by the People's Committee of the commune, have the responsibility to review and check the documents serving as the basis for recognizing the status of烈士. They shall prepare a written request along with the list and aforementioned documents and send them to the provincial-level police force.

3. The provincial-level police force shall, within thirty days from the date of receiving all documents transferred by the district-level police force, be responsible for examining and approving the file (if necessary, coordinating with the police unit or local police force where the officer worked before being killed or missing to verify and collect relevant materials and documents). They shall organize a meeting to consider the request for recognizing the status of烈士, chaired by the leadership of the provincial-level police force, with members including representatives from the organizational cadre unit of the provincial-level police force and the police unit or local police force where the officer worked before being killed or missing; record the minutes of the meeting according to Model No. 79 in Appendix I of Decree No. 131/2021/ND-CP. If the conditions for recognizing the status of烈士are met, issue a death certificate according to Model No. 34 in Appendix I of Decree No. 131/2021/ND-CP, complete the file according to regulations, and submit a written request for recognizing the status of烈士along with the file to the Cadre Organization Bureau. The written request of the provincial-level police force shall detail the circumstances of the officer's death.

4. The Cadre Organization Bureau shall, within twenty days from the date of receiving all files, be responsible for reviewing and submitting the request for recognizing the status of烈士to the leadership of the Ministry of Public Security for signature, together with the file, to be sent to the Ministry of Labor, Invalids, and Social Affairs for verification.

5. After receiving the "National Commendation Certificate" and a copy of the decision granting the certificate,

1. The injured person shall fill out a declaration form according to Model No. 08 in Appendix I of Decree No. 131/2021/NĐ-CP and based on specific circumstances, attach the documents specified in Clause 1 of Article 79 of Decree No. 131/2021/NĐ-CP and submit them to the department-level unit under the Ministry of Public Security, the provincial-level Public Security Department, or the Police Station at the commune level where the injured person is working.

1. The injured person shall fill out a declaration according to Model No. 08 in Appendix I of Decree No. 131/2021/ND-CP and, based on specific circumstances, attach the documents prescribed in Clause 1, Article 79 of Decree No. 131/2021/ND-CP and send them to the district-level police force or equivalent where the injured person is working.

2. The district-level police force or equivalent where the injured person is working shall, within fifteen days from the date of receiving all required documents as stipulated in Clause 1 of this Article, be responsible for reviewing and checking the documents serving as the basis for recognizing the status of wounded soldiers. If the conditions are met, they shall prepare a written request along with the file and send it to the police unit or local police force.

3. The police unit or local police force shall, within thirty days from the date of receiving all files transferred by the district-level police force or equivalent, be responsible for examining and approving the file. If the injured person was working in another police unit or local police force when injured, they shall coordinate to verify and collect relevant materials and documents related to the injury case (if necessary). They shall organize a meeting to consider the request for recognizing the status of wounded soldiers, chaired by the leadership of the police unit or local police force, with members including representatives from the organizational cadre unit and medical department (if applicable), and the police unit or local police force where the officer worked when injured; record the minutes of the meeting. If there is a basis for recognizing the status of wounded soldiers, issue a certificate of injury according to Model No. 35 in Appendix I of Decree No. 131/2021/ND-CP and prepare a written request along with the file to be sent to the Cadre Organization Bureau for verification.

In cases where the documents prescribed in point a, Clause 2, Article 76 of Decree No. 131/2021/ND-CP do not record specific injuries or where additional injuries are reported in cases prescribed in point b, Clause 2, Article 76 of Decree No. 131/2021/ND-CP, the provincial-level police force managing the injured person shall coordinate and direct the health authority (hospital or infirmary under the provincial-level police force) to establish a Physical Injury Inspection Board to inspect and record the physical injury inspection according to Model No. 46 in Appendix I of Decree No. 131/2021/ND-CP before issuing a certificate of injury. The Physical Injury Inspection Board shall be chaired by the Director of the Provincial Police Hospital (or Head of the Logistics Department if the provincial-level police force does not have a hospital), with members including: leadership of the Cadre Organization Department; a specialist doctor from the Provincial Police Hospital or Infirmary Director; leadership of the Policy Team, Cadre Organization Department; Forensic Examiner (if deemed necessary). If the injured person is working at a unit under a ministry, the unit shall prepare a written request for the hospital under the Ministry of Public Security and the Medical Examination Board of the Ministry of Public Security to jointly establish a Physical Injury Inspection Board to inspect and record the physical injury inspection. The Chairman of the Medical Examination Board of the Ministry of Public Security shall chair the Physical Injury Inspection Board. Members of the Physical Injury Inspection Board shall be determined by the Chairman of the board.

4. The Cadre Organization Bureau shall, within ten days from the date of receiving all files, be responsible for verifying according to Model No. 91 in Appendix I of Decree No. 131/2021/ND-CP; notify the results along with the file to the police unit or local police force that made the request. If necessary, exchange written opinions with the competent authority under the Ministry of Labor, Invalids, and Social Affairs before responding to the police unit or local police force.

5. The police unit or local police force shall, within five days from the date of receiving the verification results of the Cadre Organization Bureau, be responsible for issuing an introduction letter according to Model No. 38 in Appendix I of Decree No. 131/2021/ND-CP for those who meet the conditions, accompanied by a copy of the file to be sent to the authorized Medical Examination Board to determine the percentage of bodily impairment due to injury.

Within ten days from the date of receiving the medical examination report, the police unit or local police force shall prepare a written request along with the file for recognizing the status of wounded soldiers and send it to the Cadre Organization Bureau. The written request shall detail the injury case, accompanied by two portrait photos (blue background, size 2x3cm) of the injured person.

6. The Department of Cadre Organization shall, within twenty days from the date of receiving complete files, be responsible for examining, issuing decisions to grant certificates of war invalids and allowances according to Model No. 59 Appendix I Decree No. 131/2021/NĐ-CP, issuing certificates of war invalids according to Model No. 102 Appendix I Decree No. 131/2021/NĐ-CP for cases with a disability rate of 21% or more, or issuing decisions on one-time disability allowances according to Model No. 61 Appendix I Decree No. 131/2021/NĐ-CP for cases with a disability rate of 5% to 20%, and transferring the file along with the decision and certificate (if any) back to the police unit or local police where the application was made for management and implementation of preferential policies.

Article 15. Procedure for accepting files and recognizing war invalid status for police officers injured in wars who have transferred departments, retired, resigned, or retired.

1. The injured person shall fill out the declaration form according to Model No. 08 Appendix I Decree No. 131/2021/NĐ-CP, accompanied by proof of revolutionary participation as stipulated in Clause 1, Article 76 of Decree No. 131/2021/NĐ-CP, and send it to the People's Committee of the commune where they reside, and based on specific circumstances, attach other documents as required under Point a, b Clause 1, Article 79 of Decree No. 131/2021/NĐ-CP.

2. The police at the district level where the injured person resides shall, within twenty-five days from the date of receiving all documents as stipulated in Clause 1 of this Article transferred by the People's Committee of the commune, be responsible for reviewing and checking the documents serving as the basis for recognizing war invalid status; if the conditions are met, issue a written request along with the aforementioned documents to the provincial police.

3. The provincial police shall, within twenty-five days from the date of receiving the complete file transferred by the district-level police where the injured person resides, be responsible for reviewing and approving the file. If the injured person was working at another police unit or local police when injured, cooperate to verify and collect relevant materials and documents related to the injury case (if necessary). Organize a meeting to consider the recognition of war invalid status chaired by the leadership of the provincial police, with members including representatives from the cadre organization, health, and police units or local police where the officer worked when injured, and record the meeting minutes. If there is a basis for recognizing war invalid status, issue a certificate of injury according to Model No. 35 Appendix I Decree No. 131/2021/NĐ-CP and issue a written request along with the file to the Department of Cadre Organization for examination.

In cases where the documents specified in Point a Clause 2, Article 76 of Decree No. 131/2021/NĐ-CP do not record specific injuries or in cases specified in Point b Clause 2, Article 76 of Decree No. 131/2021/NĐ-CP but additional injuries are declared, the provincial police shall coordinate and direct the health authority (hospital, medical station under the provincial police) to establish a Physical Injury Examination Board (composition of the Board as stipulated in Clause 3, Article 14 of this Circular) to examine and record the physical injury examination according to Model No. 46 Appendix I Decree No. 131/2021/NĐ-CP before issuing the injury certificate.

4. The Department of Cadre Organization shall, within five days from the date of receiving complete files, be responsible for examining according to Model No. 91 Appendix I Decree No. 131/2021/NĐ-CP, and notify the results along with the file sent back to the provincial police where the request was made. If necessary, issue a written exchange with the competent agency under the Ministry of Labor, Invalids, and Social Affairs for comments before responding to the provincial police.

5. The provincial police shall, within five days from the date of receiving the examination results of the Department of Cadre Organization, be responsible for issuing an introduction letter according to Model No. 38 Appendix I Decree No. 131/2021/NĐ-CP for cases that meet the conditions, along with a copy of the file sent to the authorized Medical Examination Board to determine the percentage of bodily damage due to injury.

Within five days from the date of receiving the medical examination report, the provincial police shall issue a written request along with the file for recognizing war invalid status to the Department of Cadre Organization. The request shall detail the injury case, accompanied by two portrait photos (blue background, size 2x3cm) of the injured person.

6. The Department of Cadre Organization shall, within fifteen days from the date of receiving complete files, be responsible for examining, issuing decisions to grant certificates of war invalids and allowances according to Model No. 59 Appendix I Decree No. 131/2021/NĐ-CP, and issuing certificates of war invalids according to Model No. 102 Appendix I Decree No. 131/2021/NĐ-CP for cases with a disability rate of 21% or more, or issuing decisions on one-time disability allowances according to Model No. 61 Appendix I Decree No. 131/2021/NĐ-CP for cases with a disability rate of 5% to 20%, and transferring the file along with the decision and war invalid certificate (if any) back to the police unit or local police where the application was made for implementing preferential policies for those receiving one-time disability allowances or for transferring the file to the Department of Labor, Invalids, and Social Affairs where the war invalid resides for those receiving monthly disability allowances.

Chapter III

PROCEDURE FOR IMPLEMENTING OTHER PREFERENTIAL POLICIES FOR PERSONS WITH MERIT AND RELATIVES OF PERSONS WITH MERIT

Article 16. Procedure for implementing the recuperation health care regime for cases under management by the People's Public Security

1. The organizational cadre department of the police unit or local police shall review the persons with merit currently managed by the unit as stipulated in Article 84 of Decree No. 131/2021/NĐ-CP, compile a list of persons entitled to biennial health recuperation benefits according to Model No. 86 Appendix I Decree No. 131/2021/NĐ-CP in the first quarter of the year, submit it to the head of the police unit or local police for approval and implement the recuperation benefit for persons with merit.

2. The head of the police unit or local police shall, within thirty days from the date of receiving the list and proposal from the organizational cadre department, be responsible for approving the list of persons with merit entitled to biennial health recuperation, issue a decision according to Model No. 68 Appendix I Decree No. 131/2021/NĐ-CP, and implement the recuperation benefit.

Article 17. Procedure for implementing the regime of providing assistive devices, orthopedic appliances, functional recovery equipment and devices for cases under management by the People's Public Security

1. An individual submits a request form according to Model No. 21 in Appendix I of Decree No. 131/2021/NĐ-CP along with documents as prescribed in Clause 1, Article 90 of Decree No. 131/2021/NĐ-CP to the personnel organization agency of the police unit or locality where they are currently working.

2. The organizational cadre agency of the public security unit or locality

a) Within twenty days from the date of receiving all required documents, they shall be responsible for checking, verifying, and compiling a list to issue a tracking book for assistive devices, orthopedic equipment, rehabilitation equipment, and facilities according to Model No. 87 in Appendix I of Decree No. 131/2021/NĐ-CP, and submit it to the head of the police unit or locality for decision.

b) They shall establish and update a management book for individuals who have been provided with assistive devices, orthopedic equipment, rehabilitation equipment, and facilities according to Model No. 89 in Appendix I of Decree No. 131/2021/NĐ-CP. Within ten days from the date of receiving the tracking book, they shall be responsible for delivering the book and disbursing funds to those who have been provided with assistive devices, orthopedic equipment, rehabilitation equipment, and facilities.

c) Annually, based on the management book, they shall compile a list of individuals who have reached the age limit for provision of assistive devices, orthopedic equipment, rehabilitation equipment, and facilities, report to the head of the police unit or locality for approval.

3. The head of the police unit or locality shall, based on the list and the request of the personnel organization agency, within twenty days review and issue a decision to provide financial assistance for purchasing assistive devices, orthopedic equipment, rehabilitation equipment, and facilities according to Model No. 69 in Appendix I of Decree No. 131/2021/NĐ-CP, and establish a tracking book for each recipient according to Model No. 88 in Appendix I of Decree No. 131/2021/NĐ-CP; transfer these documents back to the personnel organization agency to implement the preferential provision of assistive devices, orthopedic equipment, rehabilitation equipment, and facilities.

Article 18. Procedure for confirmation to support people with meritorious service and their dependents to study up to university level at educational institutions under the national education system

1. An individual submits a request form according to Model No. 20 in Appendix I and a confirmation form according to Model No. 41 in Appendix I of Decree No. 131/2021/NĐ-CP to the county-level public security agency or equivalent where the person with merit is currently working as stipulated in point a, Clause 1, Article 97 of Decree No. 131/2021/NĐ-CP.

2. The county-level public security agency or equivalent where the person with merit is currently working, within five days from the date of receiving all required documents as stipulated in Clause 1 of this Article, shall be responsible for checking and confirming the request form and sending a letter along with the documents to the personnel organization agency of the police unit or locality managing the file of the person with merit.

3. The personnel organization agency of the police unit or locality managing the file of the person with merit, within seven days from the date of receiving all required documents, shall be responsible for checking and reporting to the head of the police unit or locality with a letter attached to the request form, confirmation form, and a copy of the file of the person with merit to the Department of Labor, Invalids, and Social Affairs at the place of permanent residence of the person with merit to implement preferential treatment.

Chapter IV

SOME OTHER CONTENTS REGARDING THE IMPLEMENTATION OF PREFERENTIAL TREATMENT FOR PERSONS WITH MERIT

Article 19. Procedure for temporarily suspending or terminating the enjoyment of preferential treatment for cases of persons with meritorious service records established and managed by the Public Security

1. For cases as prescribed in Clause 1, Article 118 of Decree No. 131/2021/NĐ-CP, the police unit or locality managing the file and implementing preferential treatment for persons with merit, within five days from the date of receiving the judgment or verification result and conclusion of the competent authority, shall be responsible for issuing a decision to temporarily suspend or terminate the preferential treatment for persons with merit according to Model No. 72 in Appendix I of Decree No. 131/2021/NĐ-CP and send one copy of the decision along with a copy of the file of the person with merit and related documents to the Bureau of Personnel Organization for monitoring. The time for temporarily suspending or terminating preferential treatment shall be implemented as prescribed in Clause 1, Article 118 of Decree No. 131/2021/NĐ-CP.

2. For cases provided for in Clause 2, Article 118 of Decree No. 131/2021/ND-CP

a) When the police unit or locality managing the file and implementing preferential treatment discovers signs of false declaration, incorrect certification, or forgery of documents, within five days, they shall be responsible for issuing a decision to temporarily suspend preferential treatment according to Model No. 72 in Appendix I of Decree No. 131/2021/NĐ-CP; and send a letter requesting the establishment agency of the file of the person with merit to verify and conclude;

b) After verifying and concluding that the subject has made false declarations, incorrect certifications, or forged documents in the file of the person with merit, the establishment agency of the file of the person with merit shall be responsible for recovering issued documents and transferring them to competent authorities for handling under current laws; and send a notification letter along with the documents serving as grounds for the police unit or locality managing the file and implementing preferential treatment to issue a decision to terminate preferential treatment according to Model No. 72 in Appendix I of Decree No. 131/2021/NĐ-CP from the month of the verification conclusion and recovery of wrongly enjoyed benefits, and send one copy of the decision along with a copy of the file of the person with merit and related documents to the Bureau of Personnel Organization for monitoring;

c) For individuals who were engaged in revolutionary activities before January 1, 1945, and those who were engaged in revolutionary activities from January 1, 1945, to August 1945, the Bureau of Personnel Organization, upon receiving a letter requesting from the Department of Labor, Invalids, and Social Affairs managing the file of the person with merit, shall be responsible for coordinating with relevant police units or localities to check and verify; if concluded that the subject has falsely declared or forged the file, they shall send a letter requesting the Central Party Committee's Public Security Department to recover issued documents; and send a notification letter along with the verification conclusion and documents serving as grounds for the Department of Labor, Invalids, and Social Affairs managing the file of the person with merit to implement according to regulations.

Article 20. Procedure for resuming the enjoyment of preferential treatment for cases of persons with meritorious service records managed by the Public Security

1. For cases provided for in Clause 1, Article 119 of Decree No. 131/2021/ND-CP

a) An individual submits a request form to resume preferential treatment according to Model No. 24 in Appendix I of Decree No. 131/2021/NĐ-CP along with documents as prescribed in Clause 1, Article 119 of Decree No. 131/2021/NĐ-CP to the police unit or locality managing the file and implementing preferential treatment.

b) The police unit or locality managing the file and implementing preferential treatment, within twelve days from the date of receiving all required documents as prescribed in Clause 1 of this Article, shall be responsible for checking, and if eligible, issue a decision to resume preferential treatment according to Model No. 73 in Appendix I of Decree No. 131/2021/NĐ-CP and send one copy of the decision along with a copy of the file of the person with merit and related documents to the Bureau of Personnel Organization for monitoring. The time for resuming preferential treatment shall be implemented as prescribed in Clause 1, Article 119 of Decree No. 131/2021/NĐ-CP.

2. In the case provided for in Clause 2, Article 119 of Decree No. 131/2021/NĐ-CP, the police unit or local police managing the file and implementing preferential policies shall issue a decision to resume the preferential policy according to Model No. 73 Appendix I of Decree No. 131/2021/NĐ-CP from the month when the suspension was imposed after verifying and concluding that there has been no forgery of documents or false declaration of documents to receive additional preferential policies; in cases where it is concluded that there has been a false declaration of documents to receive additional preferential policies, the decision to resume the preferential policy according to Model No. 73 Appendix I of Decree No. 131/2021/NĐ-CP shall be issued based on the verification results and conclusions from the month when the suspension was imposed and the additional preferential policy received due to false declaration shall be recovered.

Article 21. Procedure for implementing the one-time allowance regime when a person with meritorious service who is receiving preferential allowance in the People's Public Security is deceased

1. The representative of the relatives of the person who has rendered meritorious service upon death shall establish a declaration form according to Model No. 12 Appendix I of Decree No. 131/2021/NĐ-CP with confirmation from the People's Committee of the commune where the person usually resides, accompanied by a certified copy of the death notice or death certificate, and send it to the police unit or local police managing the file of the person who has rendered meritorious service before their death.

2. The police unit or local police managing the file of the person who has rendered meritorious service shall, within five days from the date of receiving all required documents as stipulated in Clause 1 of this Article, be responsible for checking and comparing the file of the person who has rendered meritorious service, and submit a report along with the file to the Personnel Organization Department for resolution.

3. The Personnel Organization Department shall, within ten days from the date of receiving the complete file, be responsible for reviewing and issuing a decision to terminate the preferential policy for the person who has rendered meritorious service according to Model No. 72 Appendix I of Decree No. 131/2021/NĐ-CP and a decision to provide a one-time allowance upon the death of the person who has rendered meritorious service according to Model No. 74 Appendix I of Decree No. 131/2021/NĐ-CP; transfer the file and decisions to the police unit or local police managing the file of the person who has rendered meritorious service for implementation of the preferential policy.

4. The police unit or local police managing the file of the person who has rendered meritorious service shall, within five days from the date of receiving the decision to terminate the preferential policy for the person who has rendered meritorious service and the decision to provide an allowance upon the death of the person who has rendered meritorious service, be responsible for implementing the policy and transferring the file to the Department of Labor, Invalids, and Social Affairs where the representative of the relatives of the person who has rendered meritorious service usually resides for management and implementation of monthly pension and monthly maintenance allowance (if applicable).

Chapter V

MANAGEMENT OF THE FILE OF PERSONS WHO HAVE RENDERED MERITORIOUS SERVICE

Article 22. File Management

1. The application file for resolving preferential policies for persons who have rendered meritorious service shall be established by the police unit or local police into one original file and one duplicate file sent back to the Personnel Organization Department for review and resolution. After the decision on resolving the preferential policy for the person who has rendered meritorious service is made, the Personnel Organization Department shall retain one duplicate file of the person who has rendered meritorious service for management and return one original file to the police unit or local police managing the application file.

2. The Public Security unit or local authority manages the original file of the person with meritorious service working at the unit or locality in accordance with the Law on Archives. The original file has a permanent retention period.

Article 23. Procedure for Amending and Supplementing Personal Information in the File of Persons with Meritorious Service

1. The person who has rendered meritorious service shall submit a request according to Model No. 26 Appendix I of Decree No. 131/2021/NĐ-CP along with the documents specified in Point a, Clause 3, Article 130 of Decree No. 131/2021/NĐ-CP to correct information and send it to the police unit or local police managing the file of the person who has rendered meritorious service.

2. The police unit or local police managing the file of the person who has rendered meritorious service shall, within fifteen days from the date of receiving all required documents as stipulated in Clause 1 of this Article, be responsible for coordinating with relevant agencies, organizations, and individuals to check and compare the information with the file of the person who has rendered meritorious service.

a) In cases within the jurisdiction of the police unit or local police as stipulated in Point a, Clause 2, Article 130 of Decree No. 131/2021/NĐ-CP, they shall examine and decide to amend and supplement information in the file of the person who has rendered meritorious service according to Model No. 75 Appendix I of Decree No. 131/2021/NĐ-CP;

b) In cases within the jurisdiction of another police unit or local police, they shall issue a document along with a copy of related documents to request amendment and supplementation of information and send it to the competent authority for examination and resolution. Within five days from the date of receiving the application file for amendment and supplementation of information, the police unit or local police with jurisdiction shall check and compare the information, issue a document to amend and supplement information, and send it to the police unit or local police managing the file of the person who has rendered meritorious service.

Within five days from the date of receiving the document to amend and supplement information from the competent police unit or local police, the police unit or local police managing the file of the person who has rendered meritorious service shall implement the amendment and supplementation of information in the file of the person who has rendered meritorious service according to regulations;

c) For cases not covered under Points a and b of this Clause, the police unit or local police managing the file of the person who has rendered meritorious service shall issue a document along with a copy of related documents to send to the Personnel Organization Department for resolution. The Personnel Organization Department shall, within five days from the date of receiving the request document along with a copy of related documents from the police unit or local police or the request from the Department of Labor, Invalids, and Social Affairs (for cases where the person who has rendered meritorious service has transferred outside the Public Security Force), issue a document along with a copy of related documents to send to the competent authority for resolution.

Within five days from the date of receiving the document to amend and supplement information from the competent authority, the Personnel Organization Department shall be responsible for sending the document to the police unit or local police managing the file of the person who has rendered meritorious service to implement the amendment and supplementation of information in the file of the person who has rendered meritorious service according to regulations;

d) In cases where the competent authority for amending and supplementing information cannot be determined, the provisions of point c, Clause 2, Article 130 of Decree No. 131/2021/ND-CP shall apply.

Article 24. Procedure for transferring files of persons with meritorious service

1. Transfer of files of persons with meritorious service between police units and localities

a) When a person who has rendered meritorious service is transferred from one police unit or local police to work at another police unit or local police within the Public Security Force, the police unit or local police currently managing the file of the person who has rendered meritorious service shall, within fifteen days from the date of the decision to transfer personnel, be responsible for issuing a notification of file transfer according to Model No. 93 Appendix I of Decree No. 131/2021/NĐ-CP, accompany the original file, and send it to the police unit or local police where the person who has rendered meritorious service will transfer to work for management and implementation of the policy according to regulations; simultaneously, send one copy of the notification of file transfer to the Personnel Organization Department for monitoring.

b) The police unit or local police where the person with meritorious service moves to shall, within ten days from the date of receiving all documents, be responsible for checking; if the documents comply with regulations, they shall register and manage the subject and continue implementing preferential policies; in cases where the documents do not comply with regulations, they shall issue a document attached to the file requesting the transferring place to review, supplement, and resolve (specifying the reasons for not accepting the file).

2. Transfer the file to the Department of Labor - Invalids and Social Affairs where the person with meritorious service resides permanently.

a) For persons with meritorious service who transfer out of the People's Public Security force, the police unit or local police managing the file and implementing preferential policies shall, within twenty-five days from the date the person with meritorious service has the decision to transfer out of the People's Public Security force, be responsible for signing the notification of file transfer according to Form No. 93 in Appendix I of Decree No. 131/2021/NĐ-CP. Within five days from the date of signing the notification of file transfer, they shall be responsible for sending the original file securely via postal service to the Department of Labor - Invalids and Social Affairs where the person with meritorious service resides permanently for management and continued implementation of preferential policies as prescribed; at the same time, send one copy of the notification of file transfer to the Cadre and Civil Servant Organization Bureau for monitoring.

b) In cases where the file of wounded soldiers recognized from December 31, 1994 or earlier is incomplete due to loss of required documents, the police unit or local police shall issue a document with attached documents and materials still retained and send them to the Cadre and Civil Servant Organization Bureau to obtain two copies of the wounded soldier file extract instead of the wounded soldier file. After receiving the wounded soldier file extract, the police unit or local police shall sign the notification of file transfer and attach two copies of the wounded soldier file extract, send them securely via postal service to the Department of Labor - Invalids and Social Affairs where the wounded soldier resides permanently as prescribed; at the same time, send one copy of the notification of file transfer to the Cadre and Civil Servant Organization Bureau for monitoring.

Article 25. Procedure for reissuing certificates of persons with meritorious service for persons with meritorious service working in the People's Public Security force

1. Persons with meritorious service shall submit a request for reissuing the certificate of person with meritorious service according to Form No. 25 in Appendix I of Decree No. 131/2021/NĐ-CP and two portrait photographs (blue background, size 2x3cm) to the police unit or local police managing the file of persons with meritorious service.

2. The police unit or local police managing the file of persons with meritorious service shall, within five days from the date of receiving all required documents and materials, be responsible for checking and verifying the reason for loss or misplacement and issuing a request for reissuing the certificate along with the file of persons with meritorious service to the Cadre and Civil Servant Organization Bureau.

3. The Cadre and Civil Servant Organization Bureau shall, within five days from the date of receiving all files, be responsible for reviewing and reissuing the certificate of person with meritorious service; transferring the certificate of person with meritorious service along with the file back to the police unit or local police for management and implementation.

Chapter VI

IMPLEMENTING PROVISIONS

Article 26. Effective date

This Circular takes effect from June 5, 2023. Circular No. 61/2013/TT-BCA dated November 20, 2013 of the Minister of Public Security detailing the implementation of preferential policies for persons with meritorious service in the People's Public Security force ceases to be effective from the date this Circular takes effect.

Article 27. Responsibility for Implementation

1. The Director of the Personnel Organization Department shall be responsible for guiding, urging, and inspecting the implementation of this Circular.

2. Heads of units under the Ministry, Provincial Police Chiefs, Chief of City Police directly under the Central Government, and related organizations and individuals are responsible for implementing this Circular. During the implementation of this Circular, if there are difficulties or obstacles arising, the police unit or local police shall report to the Ministry of Public Security (through the Cadre and Civil Servant Organization Bureau) for guidance and resolution.

During the implementation of this Circular, if any difficulties or obstacles arise, local police units shall report to the Ministry of Public Security (through the Personnel Organization Department) for guidance and resolution./.