Joint Circular No. 147/2002/TTLT/BNNPTNT-BLDTBXH on guiding certain points regarding the confirmation of war invalids or martyrs for forest rangers who are injured or sacrificed while performing their duties to protect forests.

JOINT CIRCULAR

Regarding guidance on certain points concerning the confirmation of war invalids or martyrs for forest rangers injured or sacrificed while performing their duties to protect forests

The Forest Rangers who are injured or sacrificed while performing their duties to protect forests, forest resources, and forest assets

______________________________

Pursuant to Decree No. 28/CP dated April 29, 1995 of the Government detailing and guiding the implementation of certain provisions of the Ordinance on Preferential Treatment for Revolutionary Activities, Martyrs, and Families of Martyrs, War Invalids, Veterans with Disabilities, Persons Engaged in Anti-French Resistance, and Persons Contributing to the Revolution.

Implementing Directive No. 286/TTg and 287/TTg dated May 2, 1997 of the Prime Minister on strengthening urgent measures to protect and develop forests;

The Ministry of Agriculture and Rural Development and the Ministry of Labor, Invalids and Social Affairs provide guidance on certain points regarding the confirmation of war invalids or martyrs for forest rangers injured or sacrificed while performing their duties to protect forests,

I. SUBJECTS AND CONDITIONS FOR CONSIDERATION

1. Objectives:

Civil servants, officials, and workers employed under labor contracts in the Forest Ranger force who are injured or sacrificed while performing their duties to protect forests, forest resources, and forest assets.

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

Civil servants, officials, and workers employed under labor contracts in the Forest Ranger force who are injured (with physical wounds) while performing their duties shall be considered for confirmation as persons entitled to preferential policies like war invalids or those sacrificed shall be considered for confirmation as martyrs in one of the following cases:

a) Struggling against forest-related crimes;

b) Bravely performing urgent tasks to protect forests, forest resources, and forest assets;

c) Those working in the protection of forests, forest resources, and forest assets in areas with special hardship allowances at 100% and places recognized as particularly difficult and harsh according to Circular Joint No. 2076/1998/TTLT-BQP-BLDTBXH-BTC dated July 8, 1998 of the Joint Ministries: Ministry of National Defense - Ministry of Labor, Invalids and Social Affairs - Ministry of Finance, and who fall ill or suffer accidents leading to death, or suffer injuries from accidents (excluding cases caused by their own actions or violations of laws and regulations of their units).

II. AUTHORITY, RESPONSIBILITY FOR RECOGNITION PROCEDURES AND SETTLEMENT OF BENEFITS FOR PERSONS ENTITLED TO PREFERENTIAL POLICIES LIKE WAR INVALIDS

1. Authority to issue injury certificates:

a) The Minister of Agriculture and Rural Development or the Director of the Personnel Department if authorized to issue injury certificates for those injured in the Forest Ranger force under the management of the Ministry of Agriculture and Rural Development;

b) The Chairman of the People's Committee of the province or city or the Head of the Organization and Administration Board if authorized to issue injury certificates for those injured in the Forest Ranger force under the management of the People's Committee of the province or city.

2. Referral for disability assessment:

The authority issuing injury certificates is responsible for referring the injured person (with accompanying files) for disability assessment at the Medical Examination Council of the province or city where the injured person has permanent residence, and simultaneously informing the Department of Labor, Invalids and Social Affairs where the injured person resides to coordinate in resolving the matter.

3. War invalid file:

The authority issuing injury certificates establishes and completes the file, including:

a) Certificate of injury:

Incident report for the injured person in cases specified in subclauses a and b of point 2, Section I above (prepared by the managing agency or local government where the incident occurred). In cases of injury resulting from struggling against violations of forest laws, in addition to the incident report, a court judgment or investigation conclusion must also be attached;

Certificate of special hardship allowance at 100% if injured in the case specified in subclause c of Section I above, or certificate of area recognized as particularly difficult and harsh (issued by the authority issuing injury certificates) according to Circular No. 2076/1998/TTLT-BQP-BLDTBXH-BTC dated July 8, 1998 of the Joint Ministries of National Defense - Ministry of Labor, Invalids and Social Affairs - Ministry of Finance;

b) Discharge certificate after treatment of the wound;

c) Injury certificate (four copies according to Model No. 6-TB1 of Circular Joint No. 16/1998/TTLT-BLDTBXH-BQP-BCA dated November 25, 1998 of the Ministry of Labor, Invalids and Social Affairs - Ministry of National Defense - Ministry of Public Security, attached);

d) Disability assessment report by the authorized Medical Examination Council.

4. Procedures for settling benefits for the injured:

After receiving the disability assessment results from the Medical Examination Council of the province or city, the agency or unit that referred the injured person for assessment is responsible for registering and retaining a copy of the assessment report of the injured person, then proceeding to transfer the entire file to the Department of Labor, Invalids and Social Affairs of the province or city where the injured person resides or works to check and process the settlement of benefits for the injured person according to point 2, point 3, Section IV, Part B of Circular Joint No. 16/1998/TTLT-BLDTBXH-BQP-BCA dated November 25, 1998 of the Ministry of Labor, Invalids and Social Affairs - Ministry of National Defense - Ministry of Public Security.

III. AUTHORITY AND RESPONSIBILITY FOR ESTABLISHING MARTYR FILES AND SETTLEMENT OF BENEFITS FOR THE FAMILIES OF MARTYRS

1. Authority to issue Death Certificates:

a) The Minister of Agriculture and Rural Development or the Director of the Personnel Department if authorized, to issue death certificates for those sacrificed in the Forest Ranger force under the management of the Ministry of Agriculture and Rural Development;

b) The Chairman of the People's Committee of the province or city or the Head of the Organization and Administration Board if authorized, to issue death certificates for those sacrificed in the Forest Ranger force under the management of the People's Committee of the province or city.

2. File for recognition as a martyr:

The authority issuing death certificates establishes and completes the file, including:

a) Certificate of sacrifice:

- The incident report concerning the deceased person in the cases specified in points a and b, Section I above (to be established by the management agency of the deceased person or the local authority where the incident occurred). In cases of death resulting from fighting against violations of forest laws, in addition to the incident report, there must also be attached a judgment or investigative conclusion from the investigating agency;

- Certificate of entitlement to special salary supplement at 100% if the death occurs in the case specified in point c, Section I above, or certificate of the area being considered as particularly difficult and harsh (issued by the agency issuing the death certificate) pursuant to Circular No. 2076/1998/TTLT-BQP-BLDTBXH-BTC dated July 8, 1998 of the Joint Ministries of National Defense, Labor, War Invalids and Social Affairs, and Finance;

- Medical records and hospital death certificate;

b) Death certificate (established in four copies according to Model No. 3-LS1 of Circular No. 16/1998/TTLT-BLDTBXH-BQP-BCA dated November 25, 1998 of the Joint Ministries of Labor, War Invalids and Social Affairs, National Defense, and Public Security) signed by the head of the competent agency or unit;

After establishing and completing the file, the agency or unit retains one copy of the death certificate; transfer the file to the Department of Labor, War Invalids and Social Affairs where the family of the deceased resides for recognition as a烈士;

3. Responsibilities of the Department of Labor, Invalids, and Social Affairs:

Implement as prescribed in Point 2, Section III, Part A of Circular No. 16/1998/TTLT-BLDTBXH-BQP-BCA dated November 25, 1998 of the Joint Ministries of Labor, War Invalids and Social Affairs, National Defense, and Public Security;

4. Resolution of benefits for the families of martyrs:

Implement as prescribed in Section IV, Part A of Circular No. 16/1998/TTLT-BLDTBXH-BQP-BCA dated November 25, 1998 of the Joint Ministries of Labor, War Invalids and Social Affairs, National Defense, and Public Security;

IV. IMPLEMENTATION ORGANIZATION:

1. Civil servants and employees working under labor contracts in the Forest Protection Force who are injured or killed while performing duties to protect forests, forest resources, and forest assets from January 1, 1995 to before the effective date of this Circular, and meet the conditions to enjoy policies as war invalids or martyrs as stipulated in this Circular, shall be self-collected and reported by agencies and units to the competent authorities for examination and establishment of procedures to confirm each case. Subsequently, they shall report back to the Ministry of Agriculture and Rural Development for unified coordination with the Ministry of Labor, War Invalids and Social Affairs for implementation opinions;

2. Civil servants, employees, and workers working under labor contracts in the Forest Protection Force who are injured or killed not during their duty to protect forests, forest resources, and forest assets shall have their examination and confirmation of enjoyment of policies as war invalids or martyrs implemented according to Decree No. 28/CP dated April 29, 1995 of the Government and the guidance provided in Circular No. 16/1998/TTLT-BLDTBXH-BQP-BCA dated November 25, 1998 of the Joint Ministries of Labor, War Invalids and Social Affairs, National Defense, and Public Security;

This joint circular shall take effect fifteen days after its issuance date;

During the implementation process, if there are any difficulties, please reflect them to the Ministry of Agriculture and Rural Development and the Ministry of Labor, War Invalids and Social Affairs for research and resolution;