Joint Circular No. 16/1999/TTLT/BLDTBXH-TWDTNCSHCM guiding the implementation of policies for volunteers who have completed their tasks during the resistance war.

JOINT CIRCULAR

Guidelines for Implementing Policies for Volunteer Youth Who Have Completed Their Tasks During the Resistance War

has completed the mission during the resistance war

Implementing Decision No. 104/1999/QĐ-TTg dated April 14, 1999 of the Government on certain policies for volunteers who have completed their tasks during the resistance war;

After consultation with the National Committee on Youth of Vietnam, the Inter-Ministerial Department of Labor - Invalids and Social Affairs, and the Central Communist Youth Union Ho Chi Minh, the following guidelines are issued:

I. OBJECTS AND CONDITIONS FOR APPLICATION

1. Recipients

Volunteer youth who are entitled to preferential treatment under Article 1 of Decision 104/1999/QĐ-TTg dated April 14, 1999, are those who joined the volunteer youth force during the resistance war from July 15, 1950 to April 30, 1975. The term "volunteer youth force" is understood as follows:

- Receiving benefits according to the supply system of volunteer youth or equivalent to military personnel;

- Organized into battalion, company, general team, or platoon, squad formations;

- Having a service period of three years.

The following categories do not fall within the scope of this decision:

- Fireline civilian workers, wartime civilian workers;

- Civilian transport workers serving during wartime;

- Local residents performing labor duties;

- Volunteer youth sentenced to more than five years in prison (those sentenced to five years or less will be considered after completing their sentences);

- Those who were injured or died due to their own actions;

- Volunteer youth after April 30, 1975.

2. Conditions.

2.1. For those who were injured or killed as stipulated in Clause 1, Article 2 of the Decision:

Volunteer youth who sustained physical injuries and are recognized as eligible for benefits similar to those provided to disabled veterans or烈士青年被认定为因公牺牲的条件是根据第25条或第11条《1995年政府第28号法令》和1998年11月25日劳动与社会事务部、国防部和公安部联合发布的第16/1998/TTLT-LĐTBXH--BQP-BCA号通令（以下简称通令16）的规定，属于以下情形之一：

2.2. For those entitled to the allowance prescribed in Clause 3 and Clause 4, Article 2 of the Decision:

The young volunteers eligible for the allowance prescribed in Clause 3 and Clause 4, Article 2 of the Decision are individuals who, after completing their service in the volunteer force during the resistance period, now suffer from weakened health, illness, or disease, or did not serve the full term but were permitted by the organization to return to their home area due to difficult family circumstances and do not fall under the social insurance, war invalids, veterans, or persons enjoying benefits equivalent to war invalids policies. Specifically, they are:

- Individuals who are no longer capable of working, currently living alone without support, without a spouse, and without relatives to ensure care, or have relatives but these relatives also face difficult circumstances, shall be considered for a monthly allowance equivalent to 12 kilograms of rice (based on the market price at the local area) as stipulated in Decision No. 167/TTg dated April 8, 1994 of the Government Prime Minister, funded by the local budget, and simultaneously be considered for a one-time allowance of 1,500,000 VND/person (one million five hundred thousand dong) funded by the central budget.

- Individuals suffering from prolonged illness, no longer capable of working, with families classified as "poverty reduction" households in the locality, shall be considered for a one-time allowance of 1,500,000 VND/person (one million five hundred thousand dong) funded by the central budget.

II. AUTHORITY AND RESPONSIBILITY FOR PROCEDURES TO RECOGNIZE AND RESOLVE BENEFITS FOR PERSONS ENJOYING POLICIES EQUIVALENT TO WAR INVALIDS

1. Authority to issue injury certification

1.1. The Central Communist Youth Union Ho Chi Minh delegates the authority to issue injury certification to provincial and municipal youth unions (secretary or deputy secretary) for centralized young volunteers under the management of the Central Youth Union who are currently working or residing in the locality.

1.2. Provincial and municipal youth unions issue injury certification for centralized young volunteers under the management of the locality.

1.3. The Ministry of Transport issues injury certification for centralized young volunteers serving and under the management of the transport sector.

2. Referral for disability assessment

2.1. For young volunteers injured for whom the Ministry of Transport issues injury certification, the Ministry of Transport is responsible for referring them (with accompanying files) for disability assessment by the Medical Assessment Council of the Transport Sector. At the same time, it informs the Department of Labor, Invalids and Social Affairs where the injured person resides so that they can cooperate in resolving the matter.

2.2. For young volunteers injured for whom provincial and municipal youth unions issue injury certification, the provincial and municipal youth unions are responsible for referring them (with accompanying files) to the Medical Assessment Council of the province or city for disability assessment. At the same time, they inform the Department of Labor, Invalids and Social Affairs where the injured person resides so that they can cooperate in resolving the matter.

3. War invalid file:

The competent authority issuing injury certification for young volunteers is responsible for establishing and completing the file, including:

3.1. Personal declaration form (Form No. 01/TB), confirmed and proposed by the agency, unit, or local authority where the individual is currently working or residing.

3.2. Injury certification (Form No. 02/TB).

The basis for issuing injury certification includes old documents related to the injury case such as transfer injury forms, hospitalization transfer forms, medical records, discharge certificates, health status forms, old resumes... If these old documents are no longer available, there must be confirmation from two individuals from the same squad, platoon, company, battalion at the time of injury regarding the injury case, which must be confirmed by the agency, unit, or local authority based on the resume and original supporting documents proving the individual's status as a young volunteer, or accompanied by a certified copy of the resume of the confirming individual.

3.3. Disability assessment report issued by the authorized Medical Assessment Council (Form No. 03/TB).

3.4. Certificate of voluntary youth service (one of the following documents may be used: certificate of completion of voluntary youth service tasks; team member card; old resume signed and stamped by the Youth Volunteer Team Command Board) or commemorative medal certificate for voluntary youth service (certified copy).

4. Procedures for resolving benefits for those injured.

After receiving the disability assessment results from the Medical Examination Council, the recommending agency retains a copy of the examination record while simultaneously processing to transfer the entire file to the Department of Labor, Invalids, and Social Affairs of the province or city where the voluntary youth resides for verification, creation of an extract of the disability file (Form No. 04/TB), and if eligible, resolve benefits according to the provisions of Point 3, Section IV, Part B of Circular 16, without implementing Clause 3, Article 30 of Decree 28/CP dated April 29, 1995 of the Government.

Files transferred by the Ministry of Transport, Central Youth Union, Provincial Youth Union, City Youth Union to the Department of Labor, Invalids, and Social Affairs that have not been assessed or were assessed after October 31, 1997, according to Circular No. 3689/TBLS-CV dated October 15, 1997 of the Ministry of Labor, Invalids, and Social Affairs shall be returned to the competent authority for implementation according to this Circular.

III. AUTHORITY AND RESPONSIBILITY FOR ESTABLISHING MARTYR FILES IN RESOLVING BENEFITS FOR MARTYR FAMILIES

1. Authority

The Ministry of Transport, Provincial Youth Union, City Youth Union shall issue death certificates to propose recognition as martyrs for those who died during voluntary youth service under their management, similar to issuing injury certification as stipulated in Point 1, Section II of this Circular.

2. Martyr Recognition Application File

The competent authority issuing the death certificate proposing martyr recognition shall be responsible for establishing and transferring the file to the Department of Labor, Invalids, and Social Affairs where the deceased's relatives reside, including:

2.1. Family discovery and proposal letter, accompanied by a certificate from two individuals aware of the death case (from the same unit as the deceased, such as platoon, squad, team, battalion, or the same office), detailing what they were doing, where they were, the reason for knowing about the death, and confirmed by the archive management office or People's Committee of the commune (ward) regarding the signature and position held during the time with the deceased's unit or office.

2.2. Collective meeting minutes of the confirmation council of the commune (ward) where the deceased was located, including representatives from the Party Committee, People's Committee, United Front, War Invalids and Social Affairs Office, Veterans' Association, Communist Youth Union, and former voluntary youth liaison board (if applicable) (Form No. 02/LS), in two copies.

2.3. Death certificate proposing martyr recognition (Form No. 01/LS), in four copies.

2.4. Certificate of the situation of the martyr's relatives issued by the People's Committee of the commune where the relatives reside (Form No. 03/LS), in two copies.

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

Implement as prescribed in Point 2, Section III, Part A of Circular 16.

4. Resolving Benefits:

Implement as prescribed in Section IV, Part A of Circular 16.

IV. RESPONSIBILITY FOR ESTABLISHING FILES TO IMPLEMENT THE MONTHLY SUBSIDY REGIME FOR VOLUNTARY YOUTH AS PROVIDED FOR IN CLAUSE 3 AND CLAUSE 4 OF ARTICLE 2 OF THE DECISION

1. Responsibility of the Competent Authority

- Provincial Youth Union, City Youth Union shall be responsible for identifying, establishing files, reviewing candidates entitled to monthly and one-time subsidies as provided for in Clause 3 and Clause 4 of Article 2 of Decision 104/1999/QĐ-TTg, then proposing the provincial or municipal People's Committee to issue subsidy decisions for voluntary youth who completed their wartime tasks.

2. Documents:

- Certificate of voluntary youth service (one of the following documents may be used: certificate of completion of voluntary youth service tasks; team member card; old resume signed and stamped by the Youth Volunteer Team Command Board) or commemorative medal certificate for voluntary youth service (certified copy);

- Declaration of participation in the resistance war in the voluntary youth force (Form No. 01/KK).

- Minutes of collective confirmation council of the commune (ward) regarding the family and personal circumstances of the voluntary youth (Form No. 02/KK).

- One-time subsidy decision (Form No. 03/KK) and monthly subsidy decision (Form No. 04/KK) of the provincial or municipal People's Committee.

After completing the file procedures, the provincial or city Youth Union retains one set and transfers one set of the file to the Department of Labor, Invalids, and Social Affairs where the voluntary youth resides for retention and benefit resolution procedures.

3. For the Department of Labor, Invalids, and Social Affairs of the province or city.

Upon receipt of the file transferred by the provincial or city Youth Union, the Department of Labor, Invalids, and Social Affairs of the province or city shall recheck the file, implement one-time subsidy payments, and follow the distribution process for revolutionary activists, those captured and imprisoned by the enemy during the resistance war, and those participating in the resistance war entitled to one-time subsidies, and create three lists (Form No. 05 KK) and five summary tables (Form No. 06 KK) to send to the Ministry of Labor, Invalids, and Social Affairs (Department of War Invalids and Martyrs and Those Contributing to the Cause) for review before implementing the regime.

V. IMPLEMENTATION

1. Provincial and city Youth Unions shall be responsible for coordinating with the Department of Labor, Invalids, and Social Affairs, and the former voluntary youth liaison board in identifying, establishing files, and compiling lists to propose resolution for cases of injury and death during the resistance war; examining and confirming specific beneficiaries of monthly and one-time subsidies as provided for in Clause 3 and Clause 4 of Article 2 of the Decision.

2. Publicly announce and democratically review, and it is essential to inform local residents (commune, ward, town) about cases eligible for resolution and those not eligible.

3. Monthly disability allowance begins from the date the authorized medical examination council concludes the percentage of labor capacity loss due to disability as stipulated in Clause 1, Article 29 of Decree 28/CP dated April 29, 1995 of the Government.

4. Pension payment starts from the date the Prime Minister issues the "National Merit" certificate.

5. The monthly allowance for those persons specified in Clause 3, Article 2 of Decision No. 104/1999/QĐ-TTg dated April 14, 1999, of the Government Chairman, shall be decided by the Chairman of the People's Committee of the province or centrally governed city.

6. The confirmation of war invalids and martyrs who were volunteers as stipulated in Clause 1, Article 2 of Decision No. 104/QĐ-TTg shall terminate before December 31, 2000.

During the implementation process, if there are any difficulties, the Departments of Labor, War Invalids and Social Affairs, provincial Youth Unions, and municipal Youth Unions shall report to the Ministry of Labor, War Invalids and Social Affairs and the Central Youth Union for timely resolution.