Decree No. 157/2016/ND-CP Amending and Supplementing Decree No. 150/2006/ND-CP dated December 12, 2006 detailing and guiding the implementation of certain provisions of the Ordinance on Veterans

DECREE

AMENDING AND SUPPLEMENTING THE DECREE NO. 150/2006/NĐ-CP OF DECEMBER 12, 2006 ON GUIDELINES FOR IMPLEMENTATION OF CERTAIN PROVISIONS OF THE ORDINANCE ON VETERANS

Pursuant to the Law on Government Organization dated June 19, 2015;

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

Upon the proposal of the Minister of Home Affairs, after reaching consensus with the Central Committee of the Vietnam Veterans Association;

The Government promulgates this Decree amending and supplementing the Decree No. 150/2006/NĐ-CP of December 12, 2006 on guidelines for implementation of certain provisions of the Ordinance on Veterans.

Article 1. Amending and supplementing some articles of the Decree No. 150/2006/NĐ-CP of December 12, 2006 of the Government on guidelines for implementation of certain provisions of the Ordinance on Veterans.

1. Supplementing Article 2 as follows:

a) Supplementing points b and c, Clause 3, Article 2:

"b) Officers, soldiers of the People's Militia, Self-Defense Force, and Guerrillas concentrated in the Northern region before January 27, 1973 (the date of signing the Paris Agreement ending the war of destruction in the North by the United States), who participated in combat or directly served in combat units established or assigned tasks by competent authorities.

c) Officers, soldiers of the People's Militia, Self-Defense Force, and Guerrillas in the Southern region before April 30, 1975, who participated in combat or directly served in combat units managed, assigned, or tasked by competent revolutionary organizations or bases."

b) Supplementing points a and b, Clause 5, Article 2:

"a) Officers, professional military personnel, non-commissioned officers, soldiers, and defense workers of the Vietnam People's Army who participated in combat, international missions, or directly served in combat units established or assigned tasks by competent authorities after April 30, 1975.

b) Officers and professional military personnel who completed their service in the construction and defense of the country, have been demobilized, retired, or transferred to other sectors."

2. Amending and supplementing Clause 6, Clause 7, and Clause 9, Article 5 as follows:

"6. Veterans participating in the resistance from before April 30, 1975, or in the defense of the country, international missions in Cambodia, or assistance to Laos after April 30, 1975 shall enjoy health insurance benefits according to the laws on health insurance, and upon death, shall be entitled to funeral expenses according to the current laws on social insurance.

7. Single veterans without support or income when they reach retirement age, if proposed by the local Veterans' Association and confirmed by the local authority, shall be prioritized for reception and care at social care centers; veterans shall be provided legal assistance according to the laws.

9. Veterans working in Veterans' Association offices shall be sent for training and upgrading according to current regulations, and may participate in entrance exams for central and local training institutions to enhance their qualifications to meet job requirements. Training costs shall be covered by the state budget according to the current regulations for civil servant training."

4. Amending Clause 1 and Clause 2, Article 8 as follows:

"4. In enterprises where conditions permit the establishment of a Veterans' Association, it shall be organized as follows:

a) For enterprises with a Party organization, the Veterans' Association at the grassroots level shall cooperate with the enterprise to establish a Veterans' Association within the enterprise based on specific conditions, in conjunction with the Party organization in that enterprise.

b) For enterprises without a Party organization, if employees who are veterans wish to form an association, the grassroots Party organization shall coordinate with the enterprise and the Veterans' Association at the grassroots level to consider and decide on the establishment of a Veterans' Association within the enterprise."

4. Amending and supplementing Article 9 as follows:

"Article 9. Funds and assets of the Vietnam Veterans Association

1. Sources of operating funds for the Vietnam Veterans Association include:

a) Membership fee income;

b) Grants and sponsorships;

c) Operating funds provided from the state budget, including:

- Operating funds for the Central Vietnam Veterans Association and for the Vietnam Veterans Associations of agencies, organizations, and units at the central level, guaranteed by the central budget.

- Operating funds for the Vietnam Veterans Associations at provincial, district, commune levels, and for the Vietnam Veterans Associations of agencies, organizations, and units at local levels, guaranteed by the local budgets.

d) Support from public service units, enterprises, and other organizations;

đ) Other sources of income (if any).

2. Assets of the Vietnam Veterans Association include:

a) State-owned assets transferred;

b) Assets donated, given, or gifted by individuals, organizations within the country and abroad, in accordance with the provisions of the law.

3. Operating funds for the Vietnam Veterans Association organization in public service units that self-fund regular expenses and investment costs, and in public service units and enterprises that self-fund regular expenses, are guaranteed by those units and enterprises and recorded according to the guidance of the Ministry of Finance.

4. The funds and assets of the Vietnam Veterans Association shall be managed and utilized in accordance with the provisions of the law.

5. The preparation of budgets, management, utilization, and settlement of accounts for the operating funds of the Vietnam Veterans Association shall be carried out in accordance with the provisions of the State Budget Law, implementing regulations of the Law, and the guidance of the Ministry of Finance."

5. Amend and supplement Clause 1, Clause 3, Clause 4, and Clause 5 of Article 10 as follows:

"1. The Chairperson and Deputy Chairpersons of the Vietnam Veterans Association who are full-time employees in state agencies, organizations, units, and enterprises, in addition to their current salaries, shall receive leadership position allowances equivalent to those of leaders in other political-social organizations at the same level; it is encouraged for other economic sector organizations, units, and enterprises to apply this provision based on their specific conditions.

3. Veterans elected, appointed, or recruited to work in the Vietnam Veterans Association from the central level down to the district level shall not receive monthly pension or disability benefits:

b) Those recruited within the staffing quota to work in the Vietnam Veterans Association shall receive salary and other policies as currently prescribed. Contributions to social insurance and implementation of social insurance and health insurance policies shall be made in accordance with current regulations.

4. The Chairperson of the Vietnam Veterans Association at the commune, ward, town level (hereinafter referred to as the commune level) shall receive salary and allowances as stipulated in Decree No. 92/2009/ND-CP dated October 22, 2009 of the Government on positions, number, and some policies for cadres and civil servants at the commune, ward, town level and non-professional staff at the commune level, amended and supplemented by Decree No. 29/2013/ND-CP dated April 8, 2013 of the Government. The Deputy Chairperson of the Vietnam Veterans Association at the commune level shall receive allowances equivalent to Deputy Chairpersons of other political-social organizations as currently prescribed.

The Chairperson, Deputy Chairpersons, and those within the staffing quota of the Central Vietnam Veterans Association; Vietnam Veterans Associations of provinces and centrally-administered cities; Vietnam Veterans Associations of districts, towns, and provincial-level cities shall receive salary and other policies as currently prescribed.

5. Veterans receiving pensions, social insurance benefits, or preferential benefits for persons contributing to the revolution, who hold the positions of Chairperson or Deputy Chairperson of the Vietnam Veterans Association at the commune level; veterans participating in work at the Vietnam Veterans Association from the district level upwards, upon ceasing such work, shall enjoy the following policies and benefits:

a) At the commune level: For the Chairperson, for each year of working in the association, they shall receive a one-time allowance equal to half (1/2) of the current monthly salary (including the salary based on position and leadership position allowance); for the Deputy Chairperson, for each year of work, they shall receive a one-time allowance equal to half (1/2) of the current monthly allowance; the period of work for calculating the allowance shall be implemented in accordance with the current regulations of the State.

b) At the district level and above: For each year of working in the association, they shall receive a one-time allowance equal to half (1/2) of the current monthly salary (including the salary based on position and leadership position allowance, if applicable); the period of work for calculating the allowance shall be implemented in accordance with the current regulations of the State."

6. Amend and supplement Article 14 as follows:

Article 14. Responsibilities of agencies, organizations, units, and enterprises

"Within their functions, tasks, and authorities, agencies, organizations, units, and enterprises shall have the responsibility to coordinate and create conditions for war veterans and War Veteran Associations at all levels to carry out their activities."

Article 2. Effective Date

This Decree takes effect from January 15, 2017.

Article 3. Responsibility for Implementation

1. The Ministry of Labor, Invalids and Social Affairs shall take the lead in coordinating with the Ministry of Home Affairs, the Ministry of Defense, the Ministry of Health, the Central Vietnam War Veterans Association, and related agencies to guide the system of benefits and policies to ensure the rights of war veterans as stipulated in this Decree.

2. The Ministry of Finance shall guide the provision of funding for the activities of War Veteran Associations within public service units that self-finance regular expenses and investment costs, public service units that self-finance regular expenses, and enterprises in accordance with Clause 4, Article 1 of this Decree.

3. The Ministry of Justice shall take the lead in coordinating with the Central Vietnam War Veterans Association and related agencies to guide the implementation of legal aid for war veterans.

4. The Ministry of Home Affairs shall coordinate with the Central Vietnam War Veterans Association and related agencies to guide the implementation of the provisions set forth in Clause 3, Article 1 of this Decree and the provisions in Decree No. 98/2014/NĐ-CP dated October 24, 2014 of the Government on the establishment of political organizations and political-social organizations in enterprises of all economic sectors.

5. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, chairpersons of People's Committees at all levels, chairpersons of War Veteran Associations at all levels, and related agencies and organizations shall be responsible for implementing this Decree./.