JOINT CIRCULAR No. 144/2008/TTLT-BQP-BLDTBXH-BTC GUIDING THE IMPLEMENTATION OF DECISION No. 142/2008/QĐ-TTg dated October 27, 2008 of the Prime Minister on the implementation of the regime for military personnel participating in the resistance war against America to save the country who have less than 20 years of service in the army and have been demobilized and discharged back to their home regions.

JOINT CIRCULAR

Guidelines for Implementing Decision No. 142/2008/QD-TTg dated October 27, 2008 of the Prime Minister on the implementation of benefits for military personnel participating in the resistance war against America to save the country who have less than 20 years of service in the military and have been demobilized or discharged back to their home provincesImplementing Decision No. 142/2008/QD-TTg dated October 27, 2008 of the Prime Minister on the implementation of benefits for military personnel participating in the resistance war against America to save the country who have less than 20 years of service in the military and have been demobilized or discharged back to their home provinces (hereinafter referred to as Decision No. 142/2008/QD-TTg), the Ministry of National Defense, the Ministry of Labor-Social Welfare and Invalids, and the Ministry of Finance provide guidelines for implementation as follows:I. SUBJECTS AND CONDITIONS FOR BENEFITS

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1. Subjects and Conditions for Application

Military personnel who participated in the resistance war against America to save the country, enlisted before April 30, 1975, with less than 20 years of service in the military and have been demobilized or discharged back to their home provinces, currently not entitled to retirement benefits, disability benefits, or monthly veteran benefits, and fall into one of the following categories:

a. Have been demobilized or discharged back to their home provinces;

b. Have transferred to another profession and then stopped working;

c. Have been demobilized or discharged for a period of time and then continued working (re-enlisted; worked at agencies, units, organizations outside the military), and later demobilized or discharged again and stopped working.

a. Those who belong to the subjects specified in Clause 1 above but are currently receiving retirement benefits, disability benefits, or monthly veteran benefits; or are currently employed and receiving salary from the state budget and have joined mandatory social insurance;

b. Those who betrayed and surrendered to the enemy; those who violated discipline and had their military titles revoked; those who, as of the date this Decision No. 142/2008/QD-TTg takes effect, are serving a life sentence or have been convicted of one of the crimes that violate national security and have not yet had their criminal records expunged;

2. Subjects not covered

c. Those who illegally left the country; those who left the country illegally and remained abroad (including those who went to work under international labor cooperation programs);

d. Those who have already received a one-time allowance as stipulated in Point a, Clause 1, Article 1 of Decision No. 290/2005/QD-TTg dated November 8, 2005; Clause 2, Article 1 of Decision No. 92/2005/QD-TTg dated April 29, 2005 of the Prime Minister shall not be entitled to a one-time allowance according to the guidelines set out in Clause 3, 4, Section II of this Circular;

e. Those who have passed away but do not have a spouse or partner; father or mother; children or legally adopted children.

II. BENEFITS TO BE ENJOYED

1. Calculation of Benefit Period

a. The benefit period is calculated based on actual service time in the military from enlistment to demobilization, discharge, or transfer to another profession.

For cases where a person has transferred to another profession and then stopped working; or has been demobilized or discharged for a period of time and then continued working (such as re-enlisting; working at agencies, units, organizations outside the military), and later demobilized or discharged again and stopped working, the time spent transferring to another profession and working outside the military will not be counted towards the benefit period.

b. Actual service time in the military, even if interrupted, can be accumulated to calculate the benefit period.

c. If there is a fractional month in the one-time allowance benefit period, six months or more will be counted as one year, and less than six months will be counted as half a year (1/2 year).

2. Monthly Allowance Benefits

a. Subjects specified in Clause 1, Section I of this Circular, with actual service time in the military ranging from 15 to less than 20 years, are entitled to monthly allowance benefits, calculated based on the number of years of actual service. The specific amounts are as follows:

- From 15 to less than 16 years, the allowance is 600,000 VND/month;

- From 16 to less than 17 years, the allowance is 630,000 VND/month;

- From 17 to less than 18 years, the allowance is 660,000 VND/month;

- From 18 to less than 19 years, the allowance is 690,000 VND/month;

- From 19 to less than 20 years, the allowance is 720,000 VND/month;

Example 1.

Mr. Nguyen Van A was enlisted in February 1961 and demobilized (discharged) back to his home province in August 1978.

The calculation of benefits for Mr. Nguyen Van A is as follows: Mr. Nguyen Van A's actual service time in the military from February 1961 to August 1978 is 17 years and 7 months. His monthly allowance benefit is 660,000 VND/month.

Example 2.

Mr. Tran Van B was enlisted in May 1972, transferred from the military to another profession in June 1988, and retired in 1991 to enjoy retirement benefits.

The calculation of benefits for Mr. Tran Van B is as follows: Mr. Tran Van B's actual service time in the military from May 1972 to June 1988 is 16 years and 2 months. His monthly allowance benefit is 630,000 VND/month (time spent working outside the military after transferring professions is not counted towards the benefit period).

Mr. Hoang Van C was enlisted in February 1965, demobilized due to injury in May 1970; re-enlisted in April 1972 and demobilized again due to poor health in April 1982.

The calculation of benefits for Mr. Hoang Van C is as follows:

Example 3Mr. Hoang Van C's first actual service time in the military from February 1965 to May 1970 is 5 years and 4 months; second actual service time from April 1972 to April 1982 is 10 years and 1 month, totaling 15 years and 5 months. His monthly allowance benefit is 600,000 VND/month.

b. When the Government adjusts pension and monthly allowances, the benefits of the aforementioned subjects will also be adjusted accordingly; the adjustment date will be implemented according to the Government's regulations starting from January 1, 2009.

c. When a person receiving monthly allowances passes away, they stop receiving benefits from the following month; the person organizing the funeral receives a one-time allowance equal to three months' worth of the deceased's current monthly allowance.

Example 4.

Mr. Nguyen Dinh K started receiving monthly allowances in January 2009 at 630,000 VND/month, and passed away in October 2009. The person organizing the funeral receives a one-time allowance of:

         3 months x 630,000 VND/month = 1,890,000 VND. Mr. Nguyen Dinh K was entitled to a monthly allowance from January 2009 at a rate of 630,000 VND per month. He passed away in October 2009, and the person responsible for his funeral arrangements is entitled to a one-time allowance of:

3 months x 630,000 VND/month = 1,890,000 VND.

3. One-time Allowance System

 The subjects specified in Clause 1, Section I of this Circular, who have served less than 15 years in the military, shall be entitled to a one-time allowance calculated based on their actual years of service, specifically as follows:

a. Subjects with actual service time in the military from two years or less shall receive a one-time allowance of 2,000,000 VND (two million dong).

b. Subjects with actual service time in the military exceeding two years shall receive an additional 600,000 VND for each year starting from the third year.

The amount of the one-time allowance shall be calculated according to the following formula: Amount received = 2,000,000 VND + [(number of years eligible for allowance - 2 years) x 600,000 VND].

 Example 5Mr. Tran Van D was conscripted in March 1968 and demobilized back to his home province in February 1977.

The calculation of the one-time allowance for Mr. Tran Van D is as follows:

 The period from March 1968 to February 1977 is nine years. The allowance he is entitled to is:

2,000,000 VND + [(9 years - 2 years) x 600,000 VND] = 6,200,000 VND.

 Example 6. Mr. Tran Van E was conscripted in May 1965 and demobilized back to his home province in August 1976.

The calculation of the one-time allowance for Mr. Tran Van E is as follows:

The period from May 1965 to August 1976 is eleven years and four months, which is counted as 11.5 years. The allowance he is entitled to is:

2,000,000 VND + [(11.5 years - 2 years) x 600,000 VND] = 7,700,000 VND.

4. In cases where the subject receiving monthly allowances has passed away before January 1, 2009; or where the subjects mentioned above receiving one-time allowances have passed away before Decision No. 142/2008/QĐ-TTg takes effect, including those who died while serving and were declared dead in service, one of the following persons: spouse; father, mother; child, adopted child, or legal guardian of the deceased person shall be entitled to a one-time allowance of 3,000,000 VND (three million dong).

III. SOURCE OF FUNDS TO GUARANTEE THE SYSTEM

1. The funds for paying monthly allowances are guaranteed by the State budget, provided by the Ministry of Finance upon the proposal of the Ministry of Labor, Invalids and Social Affairs, and transferred to the Department of Labor, Invalids and Social Affairs of provinces (cities) for payment to the beneficiaries.

2. The funds for paying one-time allowances include the funds for paying the beneficiaries and the funds for ensuring the payment process, which account for 4% of the total funds paid to the beneficiaries, guaranteed by the State budget and allocated by the Ministry of Finance upon the proposal of the Ministry of Defense. The content of the funds for ensuring the payment process includes: reviewing and verifying files; publicizing policies; training and professional development; summarizing and concluding; printing forms, management papers, and purchasing and minor repairs of office equipment and supplies for payment work. The expenditure level is implemented according to current regulations of the State.

IV. APPLICATION DOCUMENTS

1. Documents for review

a. Original documents or documents considered as original documents, including:

- Discharge decision, military personnel file; summary of 63;

 - Military discharge allowance book; discharge allowance certificate;

 - Party member's record (if any);

- Confirmation letter from the former unit before the military personnel were discharged (in cases where the aforementioned documents are not available), accompanied by a copy of the stored and managed file of the unit as the basis for confirmation (Form 08), issued by the Head of the Regiment or equivalent unit according to the management hierarchy of the object before discharge.

b. Related documents, including:

 - Conscript call-up decision; appointment to position, promotion to rank; transfer of duty;

- Reserve military registration form (registration form; cadre form; enlistment form, rank promotion form for reserve military personnel...); - War Merit Medals, Liberation Medals, and other forms of commendation;

- Medical transfer and hospitalization certificates; health certificates;

- Death certificate; soldier death report;

 - Confirmation letter from the People's Military Committee of the district (city) or Provincial Military Command (city), accompanied by a copy of the list or management file of military personnel when conscripted and discharged from the unit as the basis for confirmation, signed and stamped by the Head of the Unit (Form 08);

- Other related documents.

2. Application documents for benefits

a. Application documents for monthly allowance

Application documents for monthly allowance are established in three copies, including:

 - Personal declaration form of the beneficiary (Form 1A);

- Original documents or documents considered as original documents; or related documents (including: original or certified true copy and photocopied with certification by competent authority, per file). These documents must prove the date of enlistment on or before April 30, 1975, and the total actual years of service in the military of at least 15 years;

- Photocopy of Identity Card (certified or confirmed by the People's Committee of commune, ward);

 - Minutes of the meeting of the Executive Board of the Veterans' Association of the commune, ward (Form 03);

- Proposal letter of the People's Committee of commune, ward (Form 04);

- Proposal letter of higher levels (Form 05), attached with the list of beneficiaries of monthly allowance (Form 6A);

 - Review and proposal letter of the Provincial Military Command (Form 5A).

The application documents are handed over to the Department of Labor, Invalids and Social Affairs for receipt and implementation of monthly payments, in addition to the introduction letter of the Ministry of Defense (Policy Bureau), including:

- Personal declaration form;

- Review and proposal letter of the Provincial Military Command;

- Decision on entitlement to monthly allowance of the Policy Bureau/General Political Department.

b. Application documents for one-time allowance (including subjects under 15 years and deceased subjects)

 Application documents for one-time allowance are established in two copies, including:

 - Personal declaration form of the beneficiary or relative of the beneficiary (Form 1B, 1C);

- Original documents or documents considered as original documents; or related documents (photocopies with certification by competent authority or certified true copy);

- Photocopy of Identity Card (certified or confirmed by the People's Committee of commune, ward);

- Minutes of the joint meeting of village, neighborhood, community, hamlet... (hereinafter referred to as village) (Form 02);

 - Minutes of the meeting of the Executive Board of the Veterans' Association of the commune, ward (Form 03);

- Proposal letter of the People's Committee of commune, ward (Form 04);

- Request letter of the levels (Form 05), accompanied by a list of beneficiaries entitled to receive one-time benefits (Form 6B).

V. RESPONSIBILITIES AND PROCEDURES FOR IMPLEMENTATION

1. Responsibilities of the beneficiary and their relatives

a. Fill out the declaration form according to the prescribed model

b. Submit the application file in accordance with regulations to the People's Committee of the commune, ward including: the individual's declaration form, the relative's declaration form, original documents or documents considered as original documents, or related documents; copies of Identity Cards.

        c. Ensure the truthfulness of the declarations and personal documents and bear legal responsibility for any violations of the law.

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

a. Organize propaganda and dissemination among the people and beneficiaries regarding the contents of the policy; implementation procedures; responsibilities of individuals and levels.

b. Strengthen the Social Policy Council of the commune, ward (composition as stipulated in Decision No. 290/2005/QĐ-TTg dated November 8, 2005).

       c. Receive applications from beneficiaries requesting benefits. Proceed to classify files into two categories: beneficiaries entitled to monthly allowances and beneficiaries entitled to one-time allowances.

        d. Organize review according to the following provisions:

         - For beneficiaries entitled to monthly allowances, review in two rounds: round 1 reviews beneficiaries with original documents or documents considered as original documents; round 2 reviews beneficiaries with related documents. The review process is similar to that for beneficiaries entitled to one-time allowances, but without review at the village level.

         In cases where beneficiaries have served for at least 15 years but do not have original documents or documents considered as original documents, or related documents, the People's Committee of the commune, ward will compile a list for further consideration and resolution.

         - For beneficiaries entitled to one-time allowances (including deceased beneficiaries), divide into three groups: group with original documents or documents considered as original documents, group with related documents, and group without such documents. Organize review in three steps:

Step 1: Review applications of the group with original documents or documents considered as original documents.

Step 2: Review applications of the group with related documents.

Step 3: Review applications of the group without original documents or documents considered as original documents, or related documents.

     e. The review process at each step is as follows:

       - The Village Chief organizes a joint meeting to examine, confirm, and propose allowance benefits for each beneficiary.

      - The Military Command of the commune, ward compiles lists and files reported by Village Chiefs; proposes the Executive Board of the Veterans' Association to convene meetings to examine and confirm each beneficiary.

       - The Social Policy Council of the commune, ward convenes public meetings to review beneficiaries reported by villages and confirmed in writing by the Executive Board of the Veterans' Association.

      - Publicly post and announce lists of reviewed beneficiaries; after 15 days, if there are no objections or complaints from the people, the People's Committee of the commune, ward will compile and prepare files (three copies for monthly allowances, two copies for one-time allowances) to report to the People's Committee of the district (city) through the Military Command of the district (city). Cases with unclear beneficiaries, calculation periods, or complaints and accusations will be left for further verification and reporting later.

      f. Coordinate with the Military Command of the district (city) to organize transparent, strict, and accurate payments; announce results through local information channels.

The People's Committee of the commune, ward is responsible for confirming the request of beneficiaries who were born in the locality but currently reside elsewhere (review process and file implementation are the same as beneficiaries without documents in the locality). Within 45 days, they must respond to the beneficiaries (with attached documents) so that the locality where the beneficiaries are registered can review and propose entitlements.

3. Responsibilities of the People's Committee of the district (city)

a. Strengthen the Steering Committee to assist the People's Committee of the district (city) in directing, guiding, and organizing implementation.

b. Direct communes, wards, and relevant agencies to widely disseminate policies to the people and all beneficiaries in the locality.

        c. Organize training for county (city) functional agencies and leaders of administrative bodies and specialized staff in communes, wards on the content of the policy; measures and procedures for implementation in the locality.

         d. Direct the Military Command of the district (city) to coordinate with relevant agencies to review files reported by communes and compile reports to the People's Committee of the province (city) through the Provincial Military Command (city); organize transparent, strict, and accurate payments.

          e. Take the lead in inspecting implementation and resolving issues arising in the locality.

4. Responsibilities of the People's Committee of the province (city)

a. Strengthen the Steering Committee to assist the People's Committee of the province (city) in directing and guiding functional agencies and localities under its jurisdiction to implement organization.

b. Direct extensive dissemination of policies and benefits through organizations and local information channels.

        c. Organize training for provincial (city) functional agencies; leaders of administrative bodies and provincial (city) functional agencies.

         d. Direct the Provincial Military Command (city) to coordinate with relevant agencies to review files reported by districts (cities).

          e. Direct the Department of Labor, Invalids, and Social Affairs of the province (city) to accept files of beneficiaries entitled to monthly allowances handed over by the Provincial Military Command (city) and promptly pay benefits to beneficiaries.

          f. Direct the organization of benefit payments to beneficiaries in various localities.

g. Chair and coordinate inspections of implementation and resolution of difficulties and issues arising at local levels.

5. Responsibilities of local military agencies at all levels

a. Responsibilities of the Military Command Board of the district (city)

- Chair and coordinate with functional agencies to assist the People's Committee of the district (city) in disseminating, implementing, and organizing at all levels. Directly supervise and monitor the review process at the commune level.

- Confirm the time served in the military for individuals based on the records kept by the agency; the Head of the Military Command Board of the district (city) signs and bears legal responsibility for such confirmation.

- Receive files proposed by the People's Committees of communes; compile lists to propose to the Department of Labor - War Invalids and Social Affairs, and Social Insurance of the district (city) to review individuals eligible for monthly retirement benefits, disability allowances, and war invalid pensions; those recognized as martyrs and other individuals exempted from application.

- Organize the review of files; consolidate results and report to the District (City) Steering Committee.

- Consolidate files; prepare letters (Form 05), accompanied by lists (Forms 6A, 6B) confirmed by the People's Committee of the district (city), and report to the Provincial Military Command (city) according to each type of individual (monthly allowance requires three sets of files per individual, one-time allowance requires two sets of files per individual).

- In cases where the review at the district (city) level does not clearly identify the individual or their time served in the military, or if there are issues with the files, return them to the People's Committees of communes for further consideration.

- Directly implement the payment of one-time allowances and settle accounts according to current regulations. Report to the District (City) Steering Committee and People's Committee about the implementation results.

- Maintain lists of individuals entitled to benefits; propose measures to resolve related difficulties.

b. Responsibilities of the Provincial Military Command (city)

- Chair and coordinate with functional agencies to assist the People's Committee of the province (city) in strengthening the Steering Committee; organize dissemination; develop plans, organize implementation, and conduct inspections; provide training for subordinate officers.

- Direct functional agencies to confirm the time served in the military for individuals based on unit records; the Head of the Provincial Military Command (city) signs and bears legal responsibility for such confirmation.

- Receive files from the Military Command Boards of districts (cities); review, consolidate, and report for approval by the Steering Committee and People's Committee of the province (city).

For individuals receiving monthly allowances, prepare review forms (Form 5A) for each case.

- Prepare letters (Form 05), accompanied by lists (Forms 6A, 6B) and files of qualified individuals to report to the Military Region (through the Policy Office) according to each type of individual (monthly allowance requires two sets of files per individual; one-time allowance requires one set of files per individual).

- Based on decisions from the Military Region and notified funds, direct the payment of one-time allowances and settlement according to current regulations.

- Maintain lists and files (one set per individual); propose measures to resolve related difficulties.

- Transfer files of individuals receiving monthly allowances to the Department of Labor - War Invalids and Social Affairs for acceptance, no later than 45 days from the date of issuance of the decision granting benefits.

- Return original documents to individuals receiving monthly allowances no later than 30 days after the Department of Labor - War Invalids and Social Affairs accepts the files.

For the Capital Military Command of Hanoi, the Political Department Agency assumes responsibilities similar to the Provincial Military Command (city) in directing subordinate units and coordinating with functional agencies of Hanoi City.

6. Responsibilities of the Military Region Commands and the Capital Military Command of Hanoi

a. Direct and guide subordinate agencies and units to implement. For the Capital Military Command of Hanoi, it also fulfills functions as described for the Provincial Military Command (city).

b. Strengthen the Steering Committee. Organize training for leaders and specialized staff of agencies and units on policies and plans for implementation.

c. Direct functional agencies to organize reviews; propose the Ministry of Defense (through the Policy Bureau/Political General Department) to examine and issue decisions on monthly allowances for individuals (two sets of files per individual).

d. Issue decisions on one-time allowances for individuals (Form 7B) and bear responsibility for such decisions. Report to the Ministry of Defense (through the Policy Bureau/Political General Department; Financial Bureau/Ministry of Defense) along with the decision and list of individuals for consolidation and request the Ministry of Finance to ensure funding.

At the same time, submit files of individuals for inspection and examination, and be responsible for rectifying errors in the decision after inspection and examination by relevant agencies of the Ministry of Defense.

e. Direct the payment of one-time allowances within the scope of responsibility and settle accounts according to current regulations.

f. Store files of individuals receiving one-time allowances (one set per individual). Receive files of individuals receiving monthly allowances transferred from the Policy Bureau and forward them to the Provincial Military Command (city) for transfer to the Department of Labor - War Invalids and Social Affairs as required.

g. Direct and inspect the resolution of difficulties and issues arising during the implementation process.

7. Responsibilities of subordinate units under the Ministry of National Defense

Direct subordinate units to verify files within their management scope when requested by individuals or local military agencies, ensuring authenticity and bearing legal responsibility for such verification.

If the unit responsible for verification has been merged or dissolved, the superior agency or unit will assume responsibility for resolution.

8. Responsibilities of functional agencies under the Ministry of National Defense

a. Responsibilities of the Policy Department/General Political Directorate

 - Coordinate and direct propaganda and dissemination of policies; guide the organization and implementation thereof

- Review and issue decisions on monthly subsistence allowances for eligible individuals (form 7A) and be responsible for such decisions; prepare letters of introduction (form 09) along with the required files to transfer to the Provincial Military Command (city) for handover to the Department of Labor, Invalids, and Social Affairs of the provinces (cities) to disburse the allowances (files transferred through military regions, Hanoi Capital Military Command).

- Review and inspect the results of the examination and decision-making (accompanied by lists) regarding one-time allowances of military regions and Hanoi Capital Military Command; be responsible for the accuracy of the beneficiaries and their entitlement levels.

 - Aggregate recommendations from units regarding decisions on one-time allowances, report to the head of the General Political Directorate, request the Ministry of Finance to allocate funds for allowance disbursement; classify funds to transfer to the Financial Department/Military Ministry to notify units to implement the allowance according to regulations.

- Archive and manage files of individuals receiving monthly allowances (one file per individual) and decisions accompanied by lists of individuals receiving one-time allowances reported by units.

- Lead and coordinate inspections and resolution of issues and developments; aggregate and report as prescribed.

b. Responsibilities of the Financial Department/Military Ministry

- Announce funds for units to promptly pay beneficiaries.

 - Direct and execute financial settlement according to current regulations.

- Coordinate and direct inspection of organizational implementation.

       c. Responsibilities of the Cadre Department/General Political Directorate; the Military Service Department/General Staff

       - Direct agencies and units under their jurisdiction to confirm work history in the military for beneficiaries as requested, ensuring strictness and accuracy.

        - Coordinate and direct inspection of implementation and resolution of issues and developments.

VI. IMPLEMENTATION

1. The Ministry of National Defense

a. Authorize the General Political Directorate to cooperate with relevant ministries and sectors to direct and guide, inspect agencies, units, and localities in implementing the provisions of this Circular.

b. Lead and coordinate resolution of beneficiary, file, and procedural issues during the implementation process.

2. Ministry of Labor, Invalids and Social Affairs

a. Direct the Departments of Labor, Invalids, and Social Affairs of the provinces (cities) to accept files for monthly allowances handed over by the Provincial Military Commands (cities); issue, establish subsidy books, and disburse allowances to beneficiaries;

b. Aggregate budget estimates of the Departments of Labor, Invalids, and Social Affairs of the provinces (cities), send to the Ministry of Finance for review. Allocate and assign budgets, while authorizing the Departments of Labor, Invalids, and Social Affairs of the provinces (cities) to allocate and assign budgets to subordinate units using the state budget. Conduct reviews and announce review results to the Departments of Labor, Invalids, and Social Affairs of the provinces (cities).

      c. Have responsibility to propose adjustments and direct the implementation of monthly allowance adjustments for beneficiaries when the Government adjusts pensions and monthly allowances according to the guidance at point b, clause 2, Section II of this Circular.

      d. Coordinate resolution of issues and developments during the implementation process.

      đ. Lead and coordinate with related agencies to periodically and randomly inspect the use of funds for implementing monthly allowances for beneficiaries as prescribed by law.

3. Ministry of Finance

a. Review budget estimates and settlements for monthly allowance payments of the Ministry of Labor, Invalids, and Social Affairs.

b. Based on the review results and requests for allocation of funds to implement one-time allowances from the General Political Directorate, ensure funding and conduct review settlements according to prescribed procedures.

      c. Coordinate with related agencies to periodically and randomly inspect the use of funds for implementing monthly and one-time allowances for beneficiaries as prescribed by law.

4. The Central Association of War Invalids and Veterans of Vietnam

 Direct the War Invalids and Veterans Associations at all levels to appoint representatives to join the Steering Committee; coordinate to review and identify beneficiaries, participate in examination and confirmation of beneficiaries entitled to benefits as prescribed.

 VII. EFFECTIVE DATE OF IMPLEMENTATION

1. This Circular takes effect fifteen days after its publication in the Official Gazette.

2. The monthly allowance system as guided by this Circular shall be implemented from January 1, 2009.

Individuals who have received one-time allowances according to point a, clause 1, Article 1 of Decision No. 290/2005/QĐ-TTg dated November 8, 2005; clause 2, Article 1 of Decision No. 92/2005/QĐ-TTg dated April 29, 2005 of the Prime Minister, if they meet the conditions to switch to receiving monthly allowances, the Labor, Invalids, and Social Affairs sector shall recover the one-time allowance amount already received into the State budget.

      The recovery amount shall be carried out according to the decision of the Policy Department/General Political Directorate. Recovery shall be conducted monthly, each month recovering the equivalent of the monthly allowance amount until the full one-time allowance amount is recovered. The recovered funds shall be deducted from the funds allocated to the Ministry of Labor, Invalids, and Social Affairs for disbursing monthly allowances to beneficiaries.

3. The one-time allowance system shall be implemented from the date of Decision No. 142/2008/QĐ-TTg of

4. Those who engage in false declarations or tampering with or forging files, in addition to disciplinary action or criminal prosecution, must also compensate for damages as prescribed by law. During implementation, if there are issues, agencies, units, and localities should report to the Ministry of Defense for coordination with relevant ministries to examine and resolve them.

      During implementation, if there are issues, agencies, units, and localities should report to the Ministry of Defense for coordination with relevant ministries to examine and resolve them./.