Decree No. 150/2006/ND-CP detailing and guiding the implementation of certain provisions of the Ordinance on War Veterans

 

DECREE
Detailed regulations and guidance on implementation of certain provisions of the Ordinance on Veterans
Ordinance on War Veterans

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Ordinance on Veterans dated October 7, 2005;

At the proposal of the Minister of Interior, after reaching consensus with the Central Committee of the Vietnam Veterans Association.

DECREE

PART I
GENERAL PROVISIONS

Article 1. Scope of application

This Decree provides detailed regulations and guidance on implementation of certain provisions of the Ordinance on Veterans regarding veterans, the Vietnam Veterans Association; responsibilities of agencies and organizations towards veterans and the Vietnam Veterans Association.

Article 2. Veterans  

Veterans as defined in Article 2 of the Ordinance on Veterans are citizens of the Socialist Republic of Vietnam who have participated in armed units engaged in combat against foreign invaders to liberate the nation, performed international duties, and built and defended the country, and have retired, transferred to other sectors, been demobilized, or discharged from military service, specifically as follows:

1. Cadres and soldiers as defined in Clause 1 of Article 2 of the Ordinance on Veterans who have participated in armed units organized by the Communist Party of Vietnam before August 1945 such as Red Self-Defense Teams, Ba Tô Guerrillas, Bac Son Guerrillas, Vietnam Propaganda Liberation Army, and other armed units organized and led by the Communist Party of Vietnam.

2. Cadres and soldiers as defined in Clause 2 of Article 2 of the Ordinance on Veterans include officers, professional military personnel, non-commissioned officers, and soldiers of the People's Army of Vietnam belonging to main force troops, local forces, border guards, and special forces who have participated in the resistance against foreign invaders to defend the country, and performed international duties from April 30, 1975, or earlier (the day the South was completely liberated).

3. Veterans as defined in Clause 3 of Article 2 of the Ordinance on Veterans who have participated in combat against foreign invaders to defend the country include:

a) Members of armed work teams in areas temporarily occupied by the enemy in the North prior to July 20, 1954 (the date of signing the Geneva Agreement on Ending the War and Restoring Peace in Vietnam and Indochina);

4. National defense workers as defined in Clause 4 of Article 2 of the Ordinance on Veterans who have participated in combat or served in combat against foreign invaders prior to April 30, 1975.

5. Cadres and soldiers as defined in Clause 5 of Article 2 of the Ordinance on Veterans include:

6. The subjects as defined in Article 2 of the Ordinance on Veterans and specified in Clauses 1, 2, 3, 4, and 5 of Article 2 of this Decree shall not be recognized as veterans in the following cases:

a) Persons who surrendered to the enemy; betrayed; persons who violated discipline and had their military titles revoked; national defense workers who were disciplined and forced to leave their jobs;

b) Persons who have been sentenced to imprisonment and whose criminal records have not been expunged.

7. Confirmation of veterans:

a) The confirmation of veterans is based on their files when they have completed their military service, been discharged, demobilized, or retired at the place where they reside, conducted by the military agency of the commune, ward, or town where the veteran resides, in coordination with the Vietnam Veterans Association at the same level;

b) In case the file is lost, the confirmation of veterans is conducted by the military agency of the commune where they enlisted, in coordination with the Vietnam Veterans Association at the same level, examining and verifying their statements and compiling a list for confirmation by the People's Committee where they enlisted;

c) The confirmation of veterans in agencies, organizations, and units is based on their files when they were received by the agency, organization, or unit, and confirmed by that agency, organization, or unit.

8. Admission of members to the Vietnam Veterans Association is carried out in accordance with the Charter of the Vietnam Veterans Association and guidelines of the Central Committee of the Vietnam Veterans Association.

Article 3. Traditional Day of Veterans

1. December 6th of each year is the traditional day of veterans.

2. The traditional day of veterans aims at:

a) Honoring and praising the great contributions of veterans in anti-invasion wars for national liberation, international missions, and in building and defending the country, reflecting the moral principle of饮水思源 of our nation;

b) Encouraging generations of veterans to uphold and promote the tradition of "Uncle Ho's Army," actively contributing to the cause of building and defending the country; being exemplary in their lives, serving as bright models in educating the younger generation.

3. Timely organizing commemorative activities for the traditional day of veterans; promoting information about veterans and the Vietnam Veterans Association; organizing meetings, visiting and supporting veterans with difficult circumstances and other activities to encourage and assist veterans.

Chapter II
VETERANS

Article 4. Policies towards Veterans

1. Veterans enjoy benefits and policies according to current laws.

2. The State encourages organizations and individuals to contribute money and assets to invest in building houses of affection, service facilities for care, treatment centers, health recovery centers, cultural, sports, and physical exercise clubs for veterans, and to sponsor activities assisting veterans in communities or treatment centers, health recovery centers.

3. Agencies, organizations, units, and citizens provide support based on specific conditions for veterans to organize tours, rest, and recuperation.

Article 5. Benefits of Veterans

1. Veterans who are subjects with meritorious services to the revolution enjoy preferential regimes according to the laws on preferential treatment for those with meritorious services to the revolution.

2. Veterans are given priority in job creation, land allocation, forest allocation, water surface allocation for production, business, and participation in economic and social development projects:

a) Procedures, formalities, and authority for land allocation, forest allocation, and water surface allocation are carried out according to central and local planning and laws on land;

b) When allocated land, forests, or water surfaces, veterans have the responsibility to manage, exploit, and use them in accordance with the law;

3. The State encourages veterans to establish cooperatives, limited liability companies, joint-stock companies, enterprises to receive land, forests, water surfaces, and participate in economic and social development projects according to the law.

4. Working-age veterans are given priority in vocational training, job creation, recruitment for work in agencies, organizations, units suitable to their health and trained specialties, and labor export.

5. Veterans classified as poor according to standards set by the Government are entitled to:

a) Priority in issuing health insurance cards and medical examination and treatment under the health insurance regime;

b) Priority in borrowing subsidized funds from the Social Policy Bank for production, business, and services aimed at eliminating poverty; local authorities and the Social Policy Bank have the responsibility to create favorable conditions for veterans to borrow subsidized funds according to the law. 6. Veterans who participated in the resistance war before April 30, 1975, not covered by mandatory health insurance, are provided with health insurance cards and medical examination and treatment according to current regulations and the health insurance regime.

9. Veterans in the association's staff, dispatched by the Association for training and enhancement according to current regulations, can participate in entrance exams for central and local training institutions to improve their qualifications to meet the requirements of the Association. Training costs are guaranteed by the state budget according to the current regime for cadre and civil servant training.

VIETNAM VETERANS ASSOCIATION

Chapter III
WAR VETERANS ASSOCIATION OF VIETNAM

Article 6. Principles of organization and operation of the Vietnam Veterans Association

The principles of organization and operation of the Vietnam Veterans Association shall be implemented according to Article 9 of the Veterans Ordinance.

1. The Vietnam Veterans Association is a political-social organization within the political system led by the Communist Party of Vietnam, organized from central to grassroots levels, including:

a) The Central Vietnam Veterans Association;

b) The Vietnam Veterans Association of provinces and centrally-administered cities;

c) The Vietnam Veterans Association of districts, towns, and provincial cities;

d) The Vietnam Veterans Association of communes, wards, and towns.

2. The organizational structure and staffing of the administrative support bodies of the Vietnam Veterans Association at all levels shall be regulated by competent authorities.

3. The Vietnam Veterans Association in agencies, organizations, and units shall be organized as follows:

a) The Vietnam Veterans Association in central agencies, organizations, and units where the Party organization belongs to the Central Party Committee of Agencies shall directly belong to the Central Vietnam Veterans Association;

b) The Vietnam Veterans Association in agencies, organizations, and units where the Party organization belongs to local Party committees shall directly belong to the Vietnam Veterans Association at the same level while being subject to unified guidance on operations by the Vietnam Veterans Association at the higher level.

Article 8. Tasks of the Vietnam Veterans Association

1. The tasks and activities of the Vietnam Veterans Association shall be carried out according to the provisions of Article 11 of the Veterans Ordinance.

2. The Vietnam Veterans Association has the task of mobilizing and uniting military personnel who have completed their military service and returned, continuing to promote the tradition of "Uncle Ho's Army" to participate in clubs, Veteran Military Personnel Liaison Committees, and other activities as stipulated in Clause 3 of Article 11 of the Veterans Ordinance.

The Central Vietnam Veterans Association shall coordinate with the Ministry of National Defense to guide all levels of the Association and local military offices to implement uniformly.

3. Organize care and assistance for veterans to improve their material and spiritual life, develop family economy, eliminate poverty, become legally wealthy, organize benevolent activities so that veterans can assist each other in life as stipulated in Clause 4 of Article 11 of the Veterans Ordinance.

4. The Vietnam Veterans Association is responsible for protecting the rights and legitimate interests of veterans as stipulated in Clause 5 of Article 11 of the Veterans Ordinance; veterans enjoy free legal advisory and assistance services according to current regulations. The Legal Aid Office of the Vietnam Veterans Association and other legal aid organizations are responsible for providing advice, guidance, and implementing legal aid for veterans according to the law.

5. The people's foreign affairs activities of the Vietnam Veterans Association shall be carried out according to the provisions of Clause 6 of Article 11 of the Veterans Ordinance and implemented according to current regulations.

1. The budget of the Vietnam Veterans Association at all levels includes:

a) State budget a) Guaranteed funding;

b) Membership fees contributed by members;

c) Other lawful sources of income of the Association.

2. The assets of the Vietnam Veterans Association include:

a) State-owned assets transferred;

b) Assets donated or given by individuals and organizations both domestically and internationally;

3. The budget and assets of the Vietnam Veterans Association shall be managed and used in accordance with the law.

a) The budget of the Central Vietnam Veterans Association and of the Vietnam Veterans Association in central agencies, organizations, and units is guaranteed by the central budget.

b) The budget of the Vietnam Veterans Association at the provincial, district, and commune levels and of the Vietnam Veterans Association in local agencies, organizations, and units is guaranteed by the local budget.

The preparation, implementation, and settlement of the budget and financial statements to ensure the operation of the Vietnam Veterans Association at all levels shall be carried out in accordance with the State Budget Law and guiding documents.

c) The operating budget of the Vietnam Veterans Association in state-owned enterprises is guaranteed by the enterprise and recorded as part of the enterprise's expenses.

4. In cases where new tasks are assigned by competent authorities without allocated funds, the Vietnam Veterans Association at all levels shall prepare supplementary budgets, report to the competent authorities for consideration and additional funding to carry out the assigned tasks.

Article 10. Policies and benefits for Veterans engaged in the Vietnam Veterans Association work

2. The Chairperson and Vice Chairpersons of the Vietnam Veterans Association who are part-time staff at agencies, organizations, or units shall, in addition to their current salaries, receive part-time allowances equivalent to those of leaders at the same level in other political-social organizations. kiêm nhiệm như người giữ chức vụ lãnh đạo cùng cấp của các đoàn thể chính trị - xã hội khác.

a) Veterans elected or appointed from central to district levels shall receive salaries according to current regulations and leadership position allowances equivalent to cadres at the same level in other political-social organizations. Contributions to social insurance and health insurance, and implementation of social insurance and health insurance policies, shall be carried out according to current regulations.

b) Those recruited within the staffing quota working in the Vietnam Veterans Association shall receive salaries according to current regulations. Contributions to social insurance and health insurance, and implementation of social insurance and health insurance policies, shall be carried out according to current regulations.

The Chairperson, Vice Chairperson, and staff within the establishment of the Central Vietnam Veterans Association; the Vietnam Veterans Association of provinces and centrally-administered cities; the Vietnam Veterans Association of districts, urban districts, towns, and centrally-administered cities within provinces shall receive salaries and benefits according to current regulations.

Chapter IV
RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS TOWARDS
VETERANS AND THE VIETNAM VETERANS ASSOCIATION

Article 11. Responsibilities of the Government

1. Within their respective duties and authorities, the Government shall promulgate and implement legal normative documents, systems, and policies concerning veterans and the Vietnam Veterans Association.

2. Direct ministries, ministerial-level agencies, and government-affiliated agencies to issue and guide the implementation of policies related to veterans and the Vietnam Veterans Association in their assigned fields.

3. Regularly conduct annual working programs with the Central Vietnam Veterans Association to hear reports on activities, recommendations, and proposals from the Vietnam Veterans Association regarding issues related to veterans and the Vietnam Veterans Association.

Article 12. Responsibilities of Ministries, Agencies Equivalent to Ministries, and Government Agencies

1. The Ministry of Labor, Invalids and Social Affairs shall take the lead in coordinating with the Ministry of Home Affairs, the Ministry of National Defense, the Ministry of Health, and other relevant ministries and agencies equivalent to ministries, the Central Association of Veterans of Vietnam, and competent authorities to study, develop, and guide the implementation of policies and systems ensuring benefits for veterans.

2. The Ministry of Finance and the Ministry of Planning and Investment shall ensure that the approved budget, material bases, and equipment according to state regulations are available for the Central Association of Veterans of Vietnam to operate effectively.

3. The Ministry of Agriculture and Rural Development and the Ministry of Natural Resources and Environment shall coordinate with the Central Association of Veterans of Vietnam to guide the implementation of policies regarding land allocation, forest allocation, and water surface allocation for veterans.

4. The Ministry of Foreign Affairs shall coordinate with the Central Association of Veterans of Vietnam and relevant competent authorities to guide and create conditions for the Central Association of Veterans of Vietnam to carry out foreign affairs and international cooperation in accordance with current regulations.

5. The Ministry of Justice shall coordinate with the Central Association of Veterans of Vietnam to draft normative legal documents, promote and educate on laws; provide legal advice and assistance to veterans in accordance with the law.

6. Within their respective functions, tasks, and authorities, ministries, agencies equivalent to ministries, and government agencies shall have the responsibility to coordinate and create conditions for veterans and the Central Association of Veterans of Vietnam to fulfill their tasks.

Article 13. Responsibilities of People's Councils and People's Committees at all levels

1. Within their respective functions, tasks, and authorities, People's Councils and People's Committees at all levels shall be responsible for ensuring funding for the operation of the Central Association of Veterans at the same level; taking care of the material and spiritual life of veterans; creating conditions for the Central Association of Veterans and veterans to participate in economic and social development activities in their locality.

2. Every six months, People's Committees at all levels shall work with the Central Association of Veterans at the same level to hear reports on the association's work and resolve proposals and recommendations related to veterans and the Central Association of Veterans.

Within their respective functions, tasks, and authorities, agencies, organizations, and units shall coordinate with Central Associations of Veterans at all levels to implement tasks according to the program.

Chapter V
IMPLEMENTING PROVISIONS

Article 15. Effective Date

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 16. Implementation Organization

The Central Committee of the Central Association of Veterans of Vietnam shall coordinate with relevant ministries and agencies equivalent to ministries to guide the implementation of this Decree.

Ministers, Heads of agencies equivalent to ministries, Heads of government agencies, Chairpersons of People's Councils, Chairpersons of People's Committees at all levels, Chairpersons of Central Associations of Veterans at all levels, and relevant agencies, organizations, and units shall be responsible for enforcing this Decree./.