Joint Circular No. 16/1998/TTLT/BLDTBXH-BQP-BCA guiding certain points regarding the recognition and settlement of benefits for烈士和烈士家属，残疾军人，以及享受与残疾军人相同待遇的人和退伍军人

JOINT CIRCULAR

Guidelines on recognizing and addressing benefits for烈士和烈士家属，残疾军人，享受与残疾军人相同政策的人士

关于烈士和烈士家属、残疾军人以及享受与残疾军人相同政策的人士的利益认定和解决办法的

指导意见

根据1995年4月29日政府第28号决定（以下简称第28号决定），详细规定并指导实施优抚革命活动人员、烈士及其家属、残疾军人、参加抗美援越战争人员和有功人员若干条款，劳动和社会事务部、国防部、公安部联合发布关于烈士认定及烈士家属、残疾军人、享受与残疾军人相同政策的人士利益解决办法的指导意见如下：

A. 烈士认定及烈士家属利益解决办法

I. 烈士认定标准：

烈士是指符合第28号决定第11条规定的以下情形之一，并根据本通函的有关规定进行认定的人：

1. 根据第11条第4款的规定，包括：

a) 被组织派遣执行国际任务，在执行任务期间在外国死亡（不包括因个人行为或违反法律、单位规定而死亡的情况）。

b) 上述a项所述人员因疾病需送回国内医院治疗但未能治愈而死亡（有病历记录和医院或单位出具的死亡证明）。

在学习、参观、旅游、疗养、治病、友好访问、经济合同工作、科学技术文化交流、教育等活动中或在参与国际合作劳动项目中死亡的情况，不属于烈士认定范围。

2. 根据第11条第6款的规定，包括：

a) 在发生火灾、爆炸、台风、洪水等紧急情况下，勇敢救人民生命财产，因公牺牲。

b) 勇敢阻止直接威胁人民生命财产安全和国家安全的行为，因公牺牲，值得大家学习。

c) 在国防、安全领域从事紧急危险工作，无法按照技术规程和劳动保护措施进行操作（紧急任务情况）或严格遵守技术规程和纪律但仍无法避免伤亡事故。

3. 根据第11条第7款的规定，包括：

a) 在执行特殊困难地区（如山区、海岛）任务时，获得100%特别津贴或在被认定为特别艰苦地区的人员，因疾病或事故导致死亡（不包括因个人行为或违反法律、单位规定而死亡的情况）。

b) 在收集烈士遗骸过程中，在山区、海岛或邻国死亡，因疾病或事故（不包括因个人行为或违反法律、单位规定而死亡的情况）；或者在收集烈士遗骸后一年内旧病复发，送往医院治疗但未能治愈而死亡（有医院出具的病历和死亡证明）。

4. 根据第11条第8款的规定：

因伤复发需要住院治疗，但未能治愈而死亡的残疾军人（有伤情治疗记录和医院或医疗中心出具的死亡证明），并经乡级人民政府或直接管理单位确认为烈士。如果残疾军人在家死亡，则除乡卫生部门的证明外，还需附上之前的伤情治疗记录。

5. 不属于本通函规定的烈士认定范围的情形：

抗战时期死亡且已根据以下文件规定结束烈士认定程序：1975年11月10日第12号通函、1976年7月16日第9号通函（现为劳动和社会事务部）。

根据1989年4月29日第105号指示、1991年3月2日第551号指示（现为政府）关于继续解决战后遗留问题，至今大部分问题已经解决，联部规定对以下情形结束烈士认定：

- 抗法战争时期在北方死亡的人；

- 抗美援越战争时期在北方死亡的人；

- 根据日内瓦协议1954年从南方调往北方的干部战士，之后没有消息表明他们返回B、C、K战场；

对于符合条件认定为烈士但因特殊情况未被认定的，有关单位有权签署死亡报告，并向国防部（总政治部政策局）报告军人士兵情况；向公安部（组织干部局）报告公安人员情况；向各部、相当于部的机构、政府直属机构、中央各团体、省人民委员会（以下简称省）报告其他对象情况（在签署死亡报告前征求意见）。

II. 提出烈士认定申请所需材料：

1. 对于自1995年1月1日起在第28号决定第11条规定的情形下死亡的人，申请材料应包括：

a) Certificate of sacrifice:

- Certificate of international duty service if sacrificing in the case prescribed in Clause 4, Article 11 of Decree 28/CP, Point 1, Section I, Part A of this Circular.

- Incident report if sacrificing in the cases prescribed in Clauses 5 and 6, Article 11 of Decree 28/CP, Point 2, Section I, Part A of this Circular (to be issued by the management agency of the subject or local authority where the incident occurred). In cases of sacrifice while fighting against criminal activities, in addition to the incident report, there shall also be attached a judgment (if available).

- Certificate of entitlement to special salary supplement at 100% if sacrificing in the case prescribed in Clause 7, Article 11 of Decree 28/CP, or certificate of difficult and arduous area according to Circular 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 (issued by the management agency or unit of the subject).

- Disability file; treatment records and death report if sacrificing in the case prescribed in Clause 8, Article 11 of Decree 28/CP, Point 3, Section I of this Circular (for cases of death due to recurrence of wounds).

b) Death notice requesting recognition as烈士 (4 copies according to model number 3-LS1 attached to this Circular) signed by the head of the competent authority or unit (as stipulated in Section III, Part A below).

c) Certificate of relatives' situation of the烈士 (issued by the People's Committee of the commune where the relatives reside according to model number 3-LS3 attached to this Circular).

2. For those who sacrificed before December 31, 1994: in the cases prescribed in Article 11 of Decree 28/CP and guided in this Circular, if now requesting recognition as烈士, the dossier shall include:

a) Discovery and proposal letter from the family accompanied by certification from two persons aware of the sacrifice (persons knowing the incident within the same unit from battalion level downwards or within the same agency), clearly stating what they were doing, where they were, the reason for their knowledge of the sacrifice, and confirmed by the management agency or personnel record office where currently working or by the People's Committee of the commune regarding the signature and position held during the time serving with the unit or agency of the person who sacrificed.

b) Minutes of the collective council confirmation session of the commune where the person who sacrificed resides, including representatives from the Party Committee, People's Committee, United Front, Veterans' Affairs Board, Association of Former Combatants, Public Security, and Commune Militia (according to model number 3-LS4 attached to this Circular).

In cases where the person who sacrificed was an officer, soldier, worker, or employee who had left their post, the family should submit the discovery and proposal letter accompanied by certification from the People's Committee of the commune where they resided (and certification from the person aware of the sacrifice - if available) to the agency or unit of the person who sacrificed or to the higher-level department, bureau, or organization.

c) The types of certificates specified in Point 1, Section II, Part A of this Circular.

3. For those missing or unaccounted for in the cases prescribed in Article 11 of Decree 28/CP, the dossier shall include:

a) Family statement detailing the last known information received; letters (copies), and certifications from individuals directly involved in the mission (if available).

b) Minutes of the collective council confirmation session of the commune including representatives from the Party Committee, People's Committee, United Front, Veterans' Affairs Board, Association of Former Combatants, Public Security, and Commune Militia.

c) Verification conclusion form of the military command or Public Security county, district, city, or provincial town (hereinafter referred to as county) or direct managing unit before the disappearance or loss of contact (according to model number 3-LS5 attached to this Circular).

d) Death notice requesting recognition as烈士 as prescribed in sub-item b, point 1, section II, part A of this Circular.

e) Certificate of relatives' situation of the烈士 issued by the People's Committee of the commune (according to model number 3-LS3 attached to this Circular).

III. Competence and responsibility for procedures to recognize烈士:

1. For the managing agency or unit of the person who sacrificed:

a) Sign the death notice requesting recognition as烈士:

a.1) The Commander of the Brigade or equivalent or higher signs the death notice for military personnel or defense workers under the authority prescribed in Circular No. 2285/QP-TT dated November 21, 1995 of the Ministry of National Defense and guidance in document No. 331/CS dated December 20, 1995 of the Policy Department - General Political Department - Ministry of National Defense.

a.2) The Director of the Bureau, Department or equivalent or higher; the Provincial Public Security Director signs the death notice for public security officers or public security workers under the authority prescribed in Circular No. 06/TT-BNV (X13) dated September 28, 1995 of the Ministry of Home Affairs (now the Ministry of Public Security). In cases of sacrifice or loss of contact where the former unit no longer exists, the death notice shall be issued by the Cadre and Civil Servant Department - Ministry of Public Security.

a.3) Provincial Youth Union, City Youth Union, Central Youth Union, Ministry of Transport sign the death notice for volunteers under their management and use.

a.4) Provincial Party Committee; Municipal Party Committee; various Party Committees; Party Group, Cadre and Civil Servant Board of central ministries and mass organizations sign the certificate of sacrifice for those who engaged in revolutionary activities before the August Revolution 1945 (according to model number 3-LS2 attached to this Circular).

a.5) The heads of the agencies and units specified below sign the death notice for civil servants, workers, and citizens under their management:

- The Minister, agency equivalent to a ministry, government-affiliated agency, central Party-affiliated agency, political and social organizations, and social-professional organizations (or the head of the authorized agency) sign the death notice for central-level civil servants and workers.

- The General Director of state-owned enterprises classified as special category under Decision No. 185/TTg dated March 28, 1996 of the Prime Minister signs the death notice for workers and employees under his/her own enterprise.

- Chairman of the Provincial People's Committee; Organizational Department of the Provincial Party Committee, Municipal Party Committee, heads of provincial agencies and departments sign the death notice for civil servants and workers under their jurisdiction.

The Chairman of the People's Committee of the district signs the death certificate for civil servants and employees under administrative agencies, agencies of the Communist Party, political-social organizations at the district level; social-professional organizations; employees of public institutions under all economic sectors located within the district; self-defense militia, guerrillas, village police, village cadres, and local citizens.

b) Agencies and units managing and keeping one death certificate; hand over the application dossier for recognition as a烈士 (translate note: The term "liệt sĩ" typically refers to those who died in service for their country, often in military contexts. In this context, it seems appropriate to translate it as "martyr" or "veteran martyr," but given the specific context of the document, "recognition as a烈士" might be more accurate. However, since the instruction is to translate only what is written and not to interpret, the direct translation will be provided as instructed.) application dossier for recognition as a烈士 (烈士 being a placeholder for "liệt sĩ") (including various types of certificates specified in Section II Part A of this Circular) to the Department of Labor, Invalids, and Social Affairs where the family of the烈士 resides.

2. As for the Department of Labor, Invalids, and Social Affairs:

After receiving the application dossier for recognition as a烈士, the Department of Labor, Invalids, and Social Affairs has the responsibility to check the procedures of the certificates stipulated in the dossier and the conditions and standards for recognition as a烈士. If the dossier is valid and meets the regulations, they shall sign the transfer record and complete the following tasks within thirty days:

a) Transfer one death certificate to the Department of Labor, Invalids, and Social Affairs of the district to guide the People's Committee of the commune to establish a certificate of the situation of relatives of the烈士based on the basis.

b) Record the local management number in the dossier, write an abstract (according to Model No. 3-LS6 attached to this Circular), then transfer the dossier to the Ministry of Labor, Invalids, and Social Affairs for review and submission to the Government to present the "National Memorial Certificate" to the烈士.

- If the application dossier for recognition as a烈士does not meet the conditions and standards or is incomplete according to the regulations, the Department of Labor, Invalids, and Social Affairs shall return the dossier to the agency or unit that transferred it to inform and explain clearly to the family or to supplement the dossier in accordance with the regulations.

- In cases where the family has moved to another province, the Department of Labor, Invalids, and Social Affairs shall return the dossier to the agency or unit to transfer it to the Department of Labor, Invalids, and Social Affairs where the烈士's family currently resides.

3. As for the Ministry of Labor, Invalids, and Social Affairs:

Within twenty days from the date of receipt of the application dossier for recognition as a烈士transferred by the Department of Labor, Invalids, and Social Affairs, complete the review and establish the procedures to submit to the Prime Minister for a decision to posthumously award the "National Memorial Certificate" to the烈士.

For dossiers that are not valid or do not meet the required procedures, return them to the Department of Labor, Invalids, and Social Affairs along with guidance on how to resolve them.

IV. Resolution of Rights:

1. Responsibilities of the Ministry of Labor, Invalids, and Social Affairs:

After receiving the "National Memorial Certificate," within fifteen days, complete the following tasks:

a) Record the number of the "National Memorial Certificate," sign the abstract for storage and registration of the file.

b) Transfer the "National Memorial Certificate" and the烈士dossier to the Department of Labor, Invalids, and Social Affairs where the烈士's family currently resides.

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

After receiving the "National Memorial Certificate" and the烈士dossier, within twenty days, complete the following tasks:

a) Decide to issue a certificate of benefits and provide a pension to the烈士's family, prepare a pension payment slip for the烈士's family (according to Models No. 3-LS7 and No. 3-LS8 attached to this Circular). The pension will be implemented from the date the Prime Minister signs the decision to issue the "National Memorial Certificate."

b) Record in the management register, record the number of the certificate and the decision to issue the "National Memorial Certificate" in each file and retain the files.

c) Notify the agency or unit issuing the death certificate about the confirmation of the烈士.

d) Transfer the "National Memorial Certificate," the decision to issue the certificate and benefits, and the pension payment slip for the烈士's family to the Department of Labor, Invalids, and Social Affairs where the烈士's family resides.

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

a) Register and manage the list of烈士and烈士families.

b) Assist the People's Committee of the district to coordinate with relevant agencies, departments, and organizations at the same level to organize the funeral ceremony, present the "National Memorial Certificate," and resolve rights for the烈士's family.

B. RECOGNITION AND RESOLUTION OF RIGHTS FOR VETERANS AND PERSONS ENTITLED TO THE SAME POLICIES AS VETERANS (COLLECTIVELY REFERRED TO AS VETERANS):

I. Standards for Recognition as a Veteran:

A veteran is a person injured while performing duties as prescribed in Article 25 of Decree 28/CP, detailed in this Circular, resulting in a loss of working capacity due to disability of 21% or more.

1. Those eligible for recognition as a veteran under Clause 4 of Article 25 include:

a) Persons who bravely saved people and property of the State and the people, performed urgent and dangerous tasks during fires, explosions, typhoons, floods, and were injured.

b) Persons who bravely prevented actions directly threatening the lives of the people, property, and national security, and were injured, worthy of emulation by all.

c) Persons who bravely performed urgent and dangerous tasks in the field of national defense and security without the opportunity to follow technical procedures and labor protection regulations, or strictly followed such procedures and discipline but still could not avoid accidents leading to injury.

2. Those eligible for recognition as a veteran under Clause 5 of Article 25 include:

a) Persons who, during the performance of duties in mountainous, island areas with special allowances, at 100%, or in places considered extremely difficult and harsh as stipulated in Joint Circular No. 2076/1998/TTLT-BQP-BLĐTBXH-BTC dated July 8, 1998, issued by the Ministry of National Defense, the Ministry of Labor, Invalids, and Social Affairs, and the Ministry of Finance, suffered accidents leading to injury (excluding cases caused by personal fault or violation of laws and regulations of the unit).

b) Persons who, while collecting烈士remains in mountainous, island areas, and in neighboring countries, suffered accidents leading to injury (excluding cases caused by personal fault or violation of laws and regulations of the unit).

3. Those eligible for recognition as a veteran under Clause 6 of Article 25 include:

Persons assigned by an organization to perform international duties who suffered accidents or injuries while on duty in foreign countries (excluding cases caused by personal fault or violation of laws and regulations of the unit).

4. The cases not falling within the scope for recognition as war invalids as provided for in this Circular:

Cases of injury during the resistance wars that have been defined to conclude the confirmation as war invalids according to the following consolidated documents: Circular No. 07/TBXH dated September 12, 1974; Circular No. 09/TBXH dated July 16, 1976 of the Ministry of War Invalids and Social Affairs (now the Ministry of Labor, War Invalids and Social Affairs).

Implementing Directive No. 105/CT dated April 29, 1989, Directive No. 551/NC dated March 2, 1991 of the Council of Ministers (now the Government) on continuing to resolve outstanding issues regarding policies after the war, up until now, the basic remaining issues have been resolved, the Joint Ministries have defined to conclude the confirmation of war invalid status for the following cases:

a) Injured during the resistance war against France in the North, subsequently did not perform duties in the B, C, K battlefields;

b) Injured during the period of resisting the US war of destruction in the North, subsequently did not perform duties in the B, C, K battlefields;

c) Injured during the resistance war against France in the South who were relocated to the North, subsequently did not perform duties in the B, C, K battlefields;

d) People injured during the resistance war against the US, in the war to protect the Fatherland, performing international duty (including those captured by the enemy and later released) who have gone through rehabilitation and convalescence units for war invalids and sick soldiers.

In cases where individuals meet the conditions for confirmation as war invalids but due to special reasons remain unresolved and need to be addressed, the competent authority shall report to the Ministry of National Defense (Policy Department - General Political Department) for military personnel; the Ministry of Public Security (Organization and Cadre Department) for public security personnel; ministries, ministerial-level agencies, government agencies, central bodies of mass organizations, provincial People's Committees for other injured individuals, seeking comments before issuing the injury certification.

II. War Invalid Files:

1. For individuals injured from January 1, 1995 onwards as stipulated in Article 25 of Decree 28/CP and guided in this Circular, the file includes:

a) Certificate of injury:

- Incident report if injured under the circumstances specified in Clause 3, 4 of Article 25 of Decree 28/CP, Point 1, Section I, Part B of this Circular (issued by the management agency or local authorities where the incident occurred). In cases of injury while fighting against various types of crime, in addition to the incident report, it must also include the judgment (if available).

- Certificate of receiving a special salary supplement at 100% if injured under the circumstances specified in Clause 5 of Article 25 of Decree 28/CP or certificate of the area being considered as particularly difficult and harsh according to Circular 2076/1998/TTLT-BQP-BLDTBXH-BTC dated July 8, 1998 of the Joint Ministries of National Defense - Labor, War Invalids and Social Affairs - Finance.

- Certificate of being assigned to perform international duty if injured under the circumstances specified in Clause 6 of Article 25 of Decree 28/CP, Point 2, Section I, Part B of this Circular.

b) Discharge certificate after treatment of the wound

c) Injury certificate (four copies according to Model No. 6-TB1 attached to this Circular) signed by the head of the competent agency or unit as prescribed for the authority to sign death notification (as stipulated in Subpoint a, Point 1, Section III, Part A of this Circular).

d) Disability assessment report issued by the authorized Medical Examination Board (according to Model No. 6-TB2 attached to this Circular).

2. For individuals injured on or before December 31, 1994, in the circumstances specified in Article 25 of Decree 28/CP and guided in this Circular, the file includes:

a) Personal declaration form (according to Model No. 6-TB3 attached to this Circular), with confirmation and recommendation from the agency, unit, or local authority where they are currently working or residing.

b) Certificate as specified in Subpoint a, Point 1, Section II, Part B of this Circular.

c) Original injury certificate issued by the unit after the injury.

In cases where there is no injury certificate but one of the following documents is retained: record of injury; transfer injury form; medical records; discharge certificate after treatment of the wound; health status form; old resume; registration list of wounded military personnel of the unit at the time of injury, these documents combined with physical injuries for the head of the competent agency or unit to consider issuing an injury certificate (as stipulated in Subpoint c, Point 1, Section II, Part B of this Circular).

For armed forces, the Policy Department - General Political Department - Ministry of National Defense and the Organization and Cadre Department - Ministry of Public Security shall provide specific guidance on this matter.

d) Disability assessment report issued by the authorized Medical Examination Board (according to Model No. 6-TB2 attached to this Circular).

e) Decision on discharge, transfer to another profession, demobilization, or retirement to enjoy social insurance benefits for military personnel and public security officers who have been transferred out of the military or public security.

In cases where such decisions cannot be retained, there must be a certificate confirming completion of duties from the Military Command or Public Security County Commander where they registered upon return or from the head of the agency or unit where they are currently working.

III. Competence and responsibility of agencies and units managing injured persons in the process of recognizing war invalids:

1. File preparation:

The competent agency or unit responsible for issuing the injury certificate shall prepare the file according to the provisions of Subpoints a, b, c of Point 1 (for individuals injured from January 1, 1995 onwards) or Subpoints a, b, c, e of Point 2 (for individuals injured on or before December 31, 1994) of Section II, Part B of this Circular.

2. Referral for disability assessment:

a) For military personnel and public security officers who are still serving and are injured: the head of the unit with the authority to issue the injury certificate shall introduce (with the file as stipulated in Point 1, Section III, Part B of this Circular) to the Medical Examination Board as prescribed by the Ministry of National Defense and the Ministry of Public Security.

Specifically, for military personnel and public security officers who have been discharged, the Provincial Military Command or Public Security Department shall prepare the introduction file for disability assessment as prescribed for military personnel and public security officers still serving as mentioned above.

b) For civil servants and state cadres, volunteers: The head of the competent authority shall issue a certificate of injury (with attached file) to have the disability assessed by the Medical Examination Board of the province or the Medical Examination Board of the Ministry of Transport (if the injured person is under the management of the transport sector) while informing the Department of Labor, Invalids and Social Affairs where the injured person resides for coordination in handling.

c) For those who are injured but do not fall within the categories mentioned in points a and b, point 2, Section II, Part B of this Circular, the People's Committee of the district shall transfer the file to the Department of Labor, Invalids and Social Affairs for verification and referral to the Medical Examination Board of the province for disability assessment.

After receiving the results of the disability assessment from the Medical Examination Board, the agency or unit that referred for assessment shall proceed with transferring the file and resolving benefits according to the provisions in Section IV, Part B of this Circular.

IV. Procedures for Resolving Benefits for Injured Persons:

1. For injured persons who are military personnel or public security officers (including discharged military personnel and public security officers):

a) Those with a disability rate of 20% or less, the head of the unit managing them at the appropriate level shall issue a one-time allowance decision as prescribed in Article 31 of Decree 28/CP.

b) Those with a disability rate of 21% or more, the head of the agency or unit managing them at the appropriate level:

- Shall issue a certificate of war invalid and disability allowance (according to the model prescribed in Circular 2285/QP-TT dated November 21, 1995 of the Ministry of Defense, Circular 06/TT-BNV (X13) dated September 28, 1995 of the Ministry of Home Affairs (now the Ministry of Public Security)).

+ For military personnel and defense workers belonging to units in the Military Region and discharged military personnel and defense workers residing in the Military Region area, signed by the Political Commander of the Military Region.

+ For military personnel and defense workers belonging to other units, signed by the Director of the Policy Bureau - General Political Department - Ministry of Defense.

+ For public security officers, signed by the Head of the Cadre Organization Department of the Ministry of Public Security.

- Shall prepare a disability allowance form (according to the model prescribed in Circular 2285/QP-TT dated November 21, 1995 of the Ministry of Defense, Circular 06/TT-BNV (X13) dated September 28, 1995 of the Ministry of Home Affairs (now the Ministry of Public Security)).

+ For military personnel and defense workers belonging to units in the Military Region and discharged military personnel and defense workers residing in the Military Region area, signed by the Political Chief of the Military Region.

+ For military personnel and defense workers belonging to other units, signed by the Director of the Policy Bureau - General Political Department - Ministry of Defense.

+ For public security officers, signed by the Head of the Cadre Organization Department of the Ministry of Public Security.

Specifically, for military personnel and public security officers injured before December 31, 1994 with a disability rate of 21% or more and a salary higher than 312,000 dong when injured, the unit shall pay a one-time allowance equivalent to 1 to 4 months of salary at the time of injury (as stipulated in Clause 3, Article 30 of Decree 28/CP).

c) Shall prepare a summary of the disability file (according to Model 6-TB4 attached to this Circular) signed by the head of the unit authorized to issue the disability allowance form.

d) After completing the procedures for resolving benefits as specified in points a, b, and c of point 1, Section IV, Part B of this Circular, the unit shall organize the retention of files for military personnel and public security officers currently under their management.

e) For discharged military personnel and public security officers who are injured, after completing the procedures for resolving benefits, the unit shall transfer the file to the Department of Labor, Invalids and Social Affairs where the military personnel and public security officers reside, as follows:

- One set of the original disability file accompanied by a transfer introduction letter (Model 6-TB9), for war invalids with a disability rate of 21% or more, they will be introduced to the Department of Labor, Invalids and Social Affairs for payment from the date the authorized medical examination board of the military or public security concludes. Specifically, for newly discharged war invalids, the introduction letter must clearly state which month the disability allowance has been paid up to, and request the Department of Labor, Invalids and Social Affairs where the military personnel and public security officers reside to continue paying from which month...

Authority to sign the transfer introduction letter:

+ For military personnel and defense workers belonging to units in the Military Region, signed by the head of the Military Region's Policy Office.

+ For military personnel and defense workers belonging to other units, signed by the head of the political office of the units under the Ministry of Defense.

+ For public security officers, signed by the Director of the Provincial Public Security or equivalent.

- The transferring unit shall hand over the file to the war invalid or directly hand it over to the Department of Labor, Invalids and Social Affairs (within 30 days from the date of signing the transfer introduction letter) for continued management and implementation of policies.

- Specifically, for war invalids recognized before December 31, 1994, now transferred out of the military or public security without files as prescribed in this Circular, the agency or unit shall base on the list of war invalids under management to prepare two copies of the disability record to transfer to the Policy Bureau - General Political Department - Ministry of Defense (for military personnel) or the Cadre Organization Department - Ministry of Public Security (for public security officers) for verification and signature before transferring to the Department of Labor, Invalids and Social Affairs (in the record copy, clearly indicate: reissue based on the registration list of war invalids year..., serial number..., page..., retained...).

f) After receiving the file transferred from the military or public security, the Department of Labor, Invalids and Social Affairs shall review, prepare a list of records along with a copy of the disability file to transfer to the Ministry of Labor, Invalids and Social Affairs for record keeping, assign a management number in the list transferred to the Department of Labor, Invalids and Social Affairs for unified management and resolution of benefits.

g) Military personnel and public security officers confirmed as Class B disabled veterans on or before December 31, 1993 (now referred to as military personnel injured in work-related accidents), who are currently serving in the military or public security forces, upon discharge, their units shall prepare an extract from the record along with the file and introduce them to the Department of Labor - Invalids and Social Affairs of the province where the military personnel or public security officer resides for acceptance and resolution of benefits according to current regulations (the transfer of files shall be carried out as provided for in item e point 1 section IV part B of this Circular).

2. For those injured who are state officials, volunteers (introduced by management agencies for disability assessment):

Upon receiving the disability assessment report transferred by the Medical Examination Board, civil affairs agencies, state-owned enterprises shall register to manage the injured personnel of their own units. Subsequently, they shall transfer the entire disabled veteran file to the Department of Labor - Invalids and Social Affairs of the province where the injured person resides for review. If all necessary procedures are complete, benefits will be resolved as stipulated in point 3 section IV part B of this Circular. If the procedures are incomplete, the Department of Labor - Invalids and Social Affairs shall return the file to the agency having the injured person to supplement or provide a clear response to the party concerned.

3. For those injured who are the subjects mentioned in item c point 2 section III part B of this Circular (introduced by the Department of Labor - Invalids and Social Affairs for disability assessment):

Upon receiving the disability assessment report, the Department of Labor - Invalids and Social Affairs shall proceed to resolve benefits as follows:

a) Persons with a disability rate of 20% or less, the Director of the Department of Labor - Invalids and Social Affairs shall decide:

- To grant a one-time allowance at the level prescribed in Article 31 of Decree 28/CP (according to model number 6-TB6 attached to this Circular).

- To prepare an extract of the disability file (according to model number 6-TB5 attached to this Circular).

b) Persons with a disability rate of 21% or more, the Director of the Department of Labor - Invalids and Social Affairs:

- Shall decide to issue a certificate for persons entitled to benefits similar to those of disabled veterans and disability allowances (according to model number 6-TB7 attached to this Circular).

- To issue a disability allowance payment form (according to model number 6-TB8 attached to this Circular).

- To prepare an extract of the disability file.

In particular, for cases of injury occurring on or before December 31, 1994, with a disability rate of 21% or more and a salary at the time of injury higher than 312,000 dong, the Director of the Department of Labor - Invalids and Social Affairs shall decide to grant a one-time allowance equal to 1 to 4 months' salary at the time of injury according to Clause 3, Article 30 of Decree 28/CP.

After completing the procedure for resolving benefits as stipulated in point 3 section IV part B of this Circular, the Department of Labor - Invalids and Social Affairs shall transfer the file to the Ministry of Labor - Invalids and Social Affairs (Department of Martyrs and Veterans and People with Merit) for registration of management numbers, cross-checking of extracts for storage, while the file will be transferred back to the Department of Labor - Invalids and Social Affairs for management and resolution of benefits.

4. Monthly disability allowances for disabled veterans and persons entitled to benefits similar to those of disabled veterans (including cases of injury occurring on or before December 31, 1994) shall be uniformly enjoyed from the date when the authorized Medical Examination Board concludes the percentage of loss of working capacity due to disability as prescribed in Clause 1, Article 29 of Decree 28/CP.

C. RECOGNITION OF DISABLED VETERANS AND RESOLUTION OF BENEFITS FOR DISABLED VETERANS:

I. Criteria for recognizing disabled veterans:

Disabled veterans are military personnel and public security officers who, during the performance of tasks specified in Article 42 of Decree 28/CP, Joint Circular No. 2076/1998/TTLT-BQP-BLDTBXH-BTC dated July 8, 1998 of the Ministry of National Defense, Ministry of Labor - Invalids and Social Affairs, Ministry of Finance, and some guiding points in this Circular, suffer from diseases resulting in a loss of working capacity of 61% or more.

1. Those recognized as disabled veterans according to Clause 1, Article 42 of Decree 28/CP include:

- Military personnel and public security officers during the period of performing tasks related to searching for and collecting martyrs' graves in mountainous, island areas, and neighboring countries, or within one year after transferring to other jobs, if the old disease recurs (with medical records of the old disease and treatment records of the recurrence at hospitals) and is concluded by the authorized Medical Examination Board to have a loss of working capacity due to illness of 61% or more.

2. Those recognized as disabled veterans according to the provisions on particularly difficult and harsh areas in Clauses 2 and 3, Article 42 of Decree 28/CP include:

a) Military personnel and public security officers assigned to perform international duties in the field of security and defense, during the performance of such duties, if they fall ill (with medical records and hospital confirmation documents) and are concluded by the authorized Medical Examination Board to have a loss of working capacity due to illness of 61% or more.

b) Military personnel and public security officers performing border protection and island defense tasks in areas with a special hardship allowance of 100% or areas considered particularly difficult and harsh (as stipulated in Joint Circular No. 2076/1998/TTLT-BQP-BLDTBXH-BTC dated July 8, 1998 of the Ministry of National Defense - Ministry of Labor - Invalids and Social Affairs - Ministry of Finance), if they become ill or suffer from diseases requiring discharge or within one year after transferring to another area, if the old disease recurs (with medical records of the old disease treated in particularly difficult and harsh areas and treatment records of the recurrence at hospitals) and is concluded by the authorized Medical Examination Board to have a loss of working capacity due to illness of 61% or more.

Cases of illness caused by personal actions or violations of laws and regulations of agencies and units shall not be recognized as disabled veterans.

3. Those recognized as disabled veterans among military personnel and public security officers discharged who suffer from mental illness.

Military personnel and public security officers who fall ill under the circumstances specified in Article 42 of Decree 28/CP and detailed in Point 1 and Point 2, Section I, Part C of this Circular, if they suffer a recurrence of their previous illness leading to mental illness within one year of discharge back to their place of origin, with full evidence of regular treatment at mental hospitals (including medical records, discharge certificates, and treatment logs), shall have their provincial military command and public security organs cooperate with the Provincial Department of Labor, Invalids, and Social Affairs to prepare files for consideration and resolution.

II. ORGANIZATIONS AND UNITS MANAGING MILITARY PERSONNEL AND PUBLIC SECURITY OFFICERS HAVE THE RESPONSIBILITY TO ESTABLISH PROCEDURES FOR CONFIRMING DISABLED SOLDIERS AND RESOLVING RIGHTS AND INTERESTS OF DISABLED SOLDIERS:

1. The file for recognizing disabled soldiers includes:

- A certificate of illness (model number 7-BB1 attached to this Circular) signed by the head of the unit authorized to issue such certificates, as stipulated for the heads of units authorized to issue death certificates (as provided in Point 1, Section III, Part A of this Circular).

- An appraisal record of illness issued by the authorized Medical Appraisal Board of the military or public security (model number 7-BB2 attached to this Circular).

- Decision on issuing the disability certificate and disability allowance (model number 7-BB3 attached to this Circular) and the disability allowance form (model number 7-BB4 attached to this Circular) issued by the head of the unit managing military personnel and public security officers upon discharge (as stipulated for issuing certificates for wounded soldiers).

- Personal information sheet (model number 7-BB5 attached to this Circular).

- Extract from the disabled soldier's file (model number 7-BB6 attached to this Circular) signed by the head of the authorized agency managing the disabled soldier's file.

In cases where military personnel and public security officers who have been discharged suffer a recurrence of their previous illness as prescribed in Point 1 and Subsection b, Point 2, and those suffering from mental illness as prescribed in Point 3, Section I, Part C of this Circular, the file must also include:

+ A personal statement and family statement (for cases of mental illness) detailing the course of the illness of the individual accompanied by all treatment documentation.

+ Discharge decision.

If there is no discharge decision, confirmation must be obtained from the authorized agency that discharged the military personnel or public security officer regarding their service history in the military or public security, or from the Military Command or Public Security County Committee where the military personnel or public security officer resides.

+ Verification form of the recurrence of illness issued by the military or public security county office.

+ Minutes of confirmation and recommendation by the village recognition board including representatives from the Party Committee, People's Committee, Fatherland Front, members of the Fatherland Front, Veterans' Association, Public Security, Village Militia, and Social Welfare Board. The minutes must clearly state the condition of the illness after returning to the locality, the time when the military personnel or public security officer suffered a recurrence of illness or became mentally ill, the continuous treatment process up to now, and recommendations for resolution.

The file is handled and reviewed by the Military Command or Public Security County Office and transferred to the Provincial Military Command or Public Security Office for verification and coordination with the Provincial Department of Labor, Invalids, and Social Affairs. If the conditions are met, a disability certificate will be issued, and the case will be referred to the Medical Appraisal Board according to regulations of the Ministry of National Defense and the Ministry of Public Security.

2. Resolving rights and interests for disabled soldiers:

a) The unit managing military personnel and public security officers is responsible for preparing the file and referring military personnel and public security officers for medical appraisal at the Medical Appraisal Board according to regulations of the Ministry of National Defense and the Ministry of Public Security. After receiving the conclusion of the Medical Appraisal Board, if the conditions for recognizing them as disabled soldiers are met, the head of the authorized unit will complete the disabled soldier's file according to Point 1, Section II, Part C of this Circular, along with a referral letter to the Department of Labor, Invalids, and Social Affairs in the local area where the military personnel or public security officer resides.

b) Upon receipt of the file transferred by the military or public security, the Department of Labor, Invalids, and Social Affairs will register management and resolve rights and interests according to current regulations, while transferring an extract of the disabled soldier's file to the Ministry of Labor, Invalids, and Social Affairs for storage.

Disability allowances are implemented from the date of discharge decision. For cases where military personnel or public security officers have been discharged and transferred to other work but suffer a recurrence of their previous illness, disability allowances are implemented from the date of the Medical Appraisal Board's conclusion.

D. PROCEDURES FOR TRANSFERRING FILES OF WOUNDED SOLDIERS, DISABLED SOLDIERS, MARTYRS, AND FAMILIES OF MARTYRS MANAGED BY THE DEPARTMENT OF LABOR, INVALIDS, AND SOCIAL AFFAIRS.

1. Place of Departure:

a) Request for transferring files from the person entitled to benefits (the request should clearly state the reasons for transferring, confirmed by the village police station and the County Department of Labor, Invalids, and Social Affairs).

b) Transfer introduction letter and payment certificate issued by the Director of the Department of Labor, Invalids, and Social Affairs at the place of departure, specifying the type of allowance, level of benefit, payments made up to which month and year, and requesting the Department of Labor, Invalids, and Social Affairs at the destination to continue payments from which month and year.

c) One set of original file, except in cases where there are multiple primary beneficiaries of martyrs' preferential policies, and one of them is being transferred, the Department of Labor, Invalids, and Social Affairs will provide the transferring beneficiary with a copy of the original file.

All rights or procedural issues related to the file must be settled by the managing agency before initiating the transfer procedure.

d) Prepare a report on file transfer to the Ministry of Labor, Invalids, and Social Affairs for tracking (according to the attached model in this Circular).

2. Place of Arrival:

Within thirty days from the date of signing the transfer introduction letter, the person entitled to benefits must register and submit the file to the Department of Labor, Invalids, and Social Affairs at the arrival location.

The Department of Labor, Invalids, and Social Affairs has the responsibility to accept, verify the file procedures, register management of the subjects, and implement preferential policies for transferred wounded soldiers, disabled soldiers, and families of martyrs as follows:

a) Record the local management number in each file, organize management and store the files.

b) Process instructions for the County Department of Labor, Invalids, and Social Affairs to register management and continue implementing preferential policies according to regulations.

E. IMPLEMENTATION ORGANIZATION:

1. Confirmation of烈士 and wounded soldiers is a sensitive and complex issue with profound political and social significance, requiring agencies, units, sectors, and levels to enhance their responsibility and closely cooperate regularly to ensure thorough, complete, and accurate implementation according to state regulations and the guidance provided in this Circular.

For the confirmation of烈士 and wounded soldiers among those pending post-war resolution, attention should be paid to the following points:

a) Agencies and units where personnel have been killed or injured are responsible for confirming烈士 and wounded soldiers. Labor, Invalids, and Social Affairs agencies, military agencies, police agencies, and civil agencies at all levels must closely coordinate with local authorities to conduct reviews, compile lists, and accurately grasp the number of individuals who need to be considered and resolved in each locality.

b) The review process must be made public, and it is essential to inform the local population (communes, wards, towns) about cases that meet the conditions for recognition and those that do not meet the conditions for recognition.

c) Combine the review of pending cases with the inspection and verification of cases that have already been resolved under policy provisions; if any errors are discovered, they shall be addressed according to the guidance provided in Point 3 of Circular No. 11/LĐTBXH dated September 19, 1990, issued by the Ministry of Labor, Invalids, and Social Affairs, and the provisions set forth in Article 72 and Article 73 of Decree No. 28/CP.

d) The resolution of pending policy issues applies only to cases genuinely involved in revolutionary activities or anti-war activities that resulted in injury or death meeting the conditions stipulated in Decree No. 28/CP and the guidance provided in this Circular but have yet to be resolved under the relevant system.

Cases of injury or death occurring on or before December 31, 1994, which were concluded as not meeting the conditions for confirmation as wounded soldiers or烈士, or have been resolved under the deceased or accident system, will not be re-filed for reconfirmation.

e) Files of injuries that were temporarily suspended from resolution according to Document No. 913/LĐTBXH dated March 21, 1997, and Document No. 3689/TBLS-CV dated October 15, 1997, issued by the Ministry of Labor, Invalids, and Social Affairs, shall now uniformly follow the provisions of this Circular.

Files of injuries that have been received by Provincial Labor, Invalids, and Social Affairs Departments shall be returned to the agency issuing the injury certificate for consideration and resolution according to the regulations.

g) For烈士 and wounded soldiers belonging to the Youth Volunteer Force due to organizational changes and management difficulties without sufficient documentation as required by this Circular, the Ministry of Labor, Invalids, and Social Affairs shall coordinate with the Communist Youth Union Central Committee and related agencies to provide specific guidance on resolution.

h) The confirmation of.pending烈士 and wounded soldiers from the war will conclude before December 31, 2000.

2. Re-examination of injuries for wounded individuals and re-assessment of work capacity for disabled veterans whose disability rate was determined by the Medical Appraisal Board according to Article 32 and Article 48 of Decree No. 28/CP must be based on genuine recurrence of old wounds or diseases after treatment. The Ministry of Labor, Invalids, and Social Affairs and the Ministry of Health will provide additional guidance on this matter.

3. The Ministry of National Defense and the Ministry of Public Security shall direct the establishment of procedures and files to resolve benefits for wounded soldiers, disabled veterans, and烈士 under their jurisdictional responsibilities and address any complaints or difficulties regarding the confirmation of wounded soldiers, disabled veterans, and烈士 as military personnel or public security officers.

4. According to the分级 authority of the Ministry of Labor, Invalids, and Social Affairs and the delegation of the Provincial People's Committee, Provincial Labor, Invalids, and Social Affairs Departments are responsible to the Provincial People's Committee and the Ministry of Labor, Invalids, and Social Affairs for guiding, directing, inspecting, and appraising the confirmation, file management, and benefit resolution for wounded soldiers, disabled veterans,烈士, and their dependents within their jurisdiction; resolving any complaints or difficulties regarding the implementation of state preferential policies for beneficiaries.

This Circular takes effect fifteen days after its issuance date. All previous regulations inconsistent with this Circular are hereby repealed.

During the implementation process, any difficulties encountered should be promptly reported to the Joint Office of the Ministry of Labor, Invalids, and Social Affairs - Ministry of National Defense - Ministry of Public Security for study and resolution./.