Circular No. 16/2014/TT-BLDTBXH guiding certain contents on confirmation and implementation of preferential policies for persons who have rendered meritorious service to the revolution

CIRCULAR

Guidelines on certain contents for confirmation and implementation

 of preferential policies for persons who have rendered meritorious service to the revolution

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Pursuant to Decree No. 106/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids and Social Affairs;

Pursuant to Decree No. 31/2013/NĐ-CP dated April 9, 2013 of the Government detailing and guiding the implementation of certain provisions of the Ordinance on Preferential Treatment for Persons Who Have Rendered Meritorious Service to the Revolution.

Considering the proposal of the Director of the Department of Persons with Meritorious Service,

The Minister of Labor, Invalids and Social Affairs issues this Circular to guide certain contents for confirmation and implementation of preferential policies for persons who have rendered meritorious service to the revolution as prescribed in Decree No. 31/2013/NĐ-CP dated April 9, 2013 of the Government detailing and guiding the implementation of certain provisions of the Ordinance on Preferential Treatment for Persons Who Have Rendered Meritorious Service to the Revolution (hereinafter referred to as Decree No. 31/2013/NĐ-CP).

Article 1. Guidelines for Clause 6, Article 3 of Decree No. 31/2013/NĐ-CP on the implementation of monthly pension benefits

1. Monthly pension benefits shall not be applied to children of persons who have rendered meritorious service in the following cases:

a) Currently receiving monthly pension benefits at one educational institution while simultaneously studying at another educational institution or studying a different major, department, or level at the same educational institution;

b) Previously received monthly pension benefits at one educational institution and continue to study at another educational institution or study a different major, department, or level at the same educational institution (including concurrent enrollment);

c) Currently receiving monthly pension benefits at one educational institution but have stopped studying or been expelled from the institution.

In case the educational institution agrees to allow the student to retain their academic standing, they may continue to receive monthly pension benefits from the time they resume studies to complete the course (excluding the period of interruption).

2. In case of credit-based study, the maximum duration for receiving monthly pension benefits shall be equivalent to the duration of a full-time course as stipulated, based on the confirmation letter from the educational institution.

Article 2. Guidelines for Article 21 of Decree No. 31/2013/NĐ-CP on the issuance of posthumous allowances for martyrs

1. In case a martyr has multiple children, the person responsible for posthumous worship of the martyr is one child authorized by the other children; if the martyr only has one child or only one surviving child, there is no need to establish a power of attorney.

In case a child of the martyr wishes to entrust another person to perform posthumous worship of the martyr, the person responsible for posthumous worship is the one authorized by the child of the martyr.

In case the martyr does not have or no longer has any children, or has only one child who is incapacitated, missing, residing abroad, or whose place of residence cannot be determined, the person responsible for posthumous worship is the one authorized by the family or clan of the martyr.

2. In case the person responsible for posthumous worship of the martyr dies within the year but before the payment of the posthumous allowance, the posthumous allowance for that year shall be paid to another authorized person responsible for posthumous worship.

Article 3. Guidelines for Article 30 of Decree No. 31/2013/NĐ-CP on re-examination of disabilities

In case an invalid has multiple wounds and has undergone re-examination due to recurrence of one wound, but now another wound recurs (which was not previously re-examined), they may undergo re-examination according to Clause 4, Article 30 of Decree No. 31/2013/NĐ-CP.

Article 4. Guidance on Clause 1 of Article 33 of Decree No. 31/2013/NĐ-CP regarding confirmation of war invalids

Those who have been confirmed and are currently enjoying preferential treatment for war invalids shall not be considered for confirmation to enjoy preferential treatment as stipulated in Point h of Clause 1 of Article 33 of Decree No. 31/2013/NĐ-CP.

Article 5. Guidance on confirmation and settlement of preferential treatment for persons engaged in anti-war resistance contaminated with toxic chemicals

1. In addition to the provisions in Clause 2 of Article 27 of Circular No. 05/2013/TT-BLDTBXH dated May 15, 2013, issued by the Ministry of Labor, Invalids and Social Affairs guiding procedures for establishing files, managing files, and implementing preferential treatment for those who have rendered meritorious service to the revolution and their dependents (hereinafter referred to as Circular No. 05/2013/TT-BLDTBXH), supplement one of the following documents proving the time spent participating in anti-war resistance activities in areas where the US military used toxic chemicals:

a) A copy of one of the following documents: Police personnel file; social insurance benefit file; summary achievement file for participation in anti-war resistance; other documents with legal validity established before January 1, 2000;

b) A certificate from a competent agency under the Ministry of National Defense regarding the unit's designation, operational period, and area of operation.

2. In cases where there is no spouse, or where there is a spouse but no children, or where children were born prior to participation in anti-war resistance and no additional children were born after returning, and now they have reached retirement age (female 55 years old, male 60 years old), the confirmation process and procedures shall be carried out as follows:

a) The individual shall prepare a declaration form along with one of the documents specified in Clause 1 of this Article and Clause 2 of Article 27 of Circular No. 05/2013/TT-BLDTBXH and submit it to the People's Committee of the commune;

b) Within ten days from the date of receipt of the declaration form, the People's Committee of the commune shall verify the information in the declaration form, compile a list of recommendations for confirmation of persons engaged in anti-war resistance contaminated with toxic chemicals, and send it together with the documents specified in Point a of this Clause to the Department of Labor, Invalids and Social Affairs;

c) Within ten days from the date of receiving all valid documents, the Department of Labor, Invalids and Social Affairs shall verify the documents and compile a list of eligible individuals, and send it together with the documents specified in Point b of this Clause to the Department of Labor, Invalids and Social Affairs of the province;

d) Within ten days from the date of receiving all valid files, the Department of Labor, Invalids and Social Affairs of the province shall verify the files and issue a decision on monthly allowances for persons engaged in anti-war resistance contaminated with toxic chemicals.

Preferential benefits shall be enjoyed from the date the Director of the Department of Labor, Invalids and Social Affairs issues the decision.

3. In cases where war invalids or persons enjoying policies similar to war invalids have a disability rate of 80% or higher and suffer from diseases, disabilities, deformities, or defects listed in the Catalogue of Diseases, Disabilities, Deformities, and Defects related to exposure to toxic chemicals according to Joint Circular No. 41/2013/TTLT-BYT-BLDTBXH dated November 18, 2013, issued by the Ministry of Health and the Ministry of Labor, Invalids and Social Affairs guiding medical examination and assessment of diseases, disabilities, deformities, and defects related to exposure to toxic chemicals for persons engaged in anti-war resistance and their offspring (hereinafter referred to as Joint Circular No. 41/2013/TTLT-BYT-BLDTBXH), they shall be considered for preferential treatment for persons engaged in anti-war resistance contaminated with toxic chemicals. The confirmation procedure and settlement of benefits shall be carried out as follows:

a) The confirmation procedure shall be implemented in accordance with the provisions of Clause 2 of Article 29 of Circular No. 05/2013/TT-BLDTBXH;

b) Within ten days from the date of receiving complete files transferred by the Department of Health, the Department of Labor, Invalids and Social Affairs shall issue a decision granting monthly allowances equivalent to those for persons with a disability rate of 41% to 60%, for cases where the Department of Health has issued a Certificate of Disease, Disability, Deformity, or Defect related to exposure to toxic chemicals.

Article 6. Guidance for Clause 5, Article 42 of Decree No. 31/2013/NĐ-CP on providing pension benefits to dependents when persons engaged in the resistance war contaminated with toxic chemicals die.

1. In cases where persons contaminated with toxic chemicals who fall under any of the following circumstances die, their dependents shall be entitled to monthly pension benefits equivalent to those of disabled veterans with a labor capacity reduction of 61% or more:

a) Persons whose medical examination records contain a conclusion that their labor capacity has been reduced by 61% or more according to regulations;

b) Persons who have been receiving monthly allowances based on having a labor capacity reduction of 81% or more as stipulated in Decree No. 47/2012/NĐ-CP dated May 28, 2012 of the Government on the levels of preferential allowances for persons who have rendered meritorious service to the revolution (hereinafter referred to as Decree No. 47/2012/NĐ-CP);

c) Persons who have been adjusted to receive monthly allowances according to Point d, Clause 1, Article 42 of Decree No. 31/2013/NĐ-CP.

2. The time of entitlement to monthly pension benefits shall be implemented according to Clause 2, Article 37 of Decree No. 31/2013/NĐ-CP.

Article 7. Guidance for Clause 6, Article 42 of Decree No. 31/2013/NĐ-CP on adjusting allowances for persons engaged in the resistance war contaminated with toxic chemicals who were enjoying benefits prior to September 1, 2012.

1. In cases where persons currently receiving allowances based on having a labor capacity reduction of 81% or more as stipulated in Decree No. 47/2012/NĐ-CP and whose medical examination records contain a conclusion that their labor capacity has been reduced by 81% or more according to regulations, the following shall be implemented:

a) If living in a family, they will enjoy the allowance for servants from September 1, 2012;

b) Monthly supplementary allowances shall be implemented according to Clause 2, Article 42 of Decree No. 31/2013/NĐ-CP from January 1, 2013;

c) They will retain the monthly allowance level as stipulated in Decree No. 47/2012/NĐ-CP until June 30, 2013, and adjust to receive monthly allowances according to Point d, Clause 1, Article 42 of Decree No. 31/2013/NĐ-CP from July 1, 2013.

2. In cases where persons currently receiving allowances based on having a labor capacity reduction of 81% or more as stipulated in Decree No. 47/2012/NĐ-CP fall under any of the following circumstances, they will retain the monthly allowance level as stipulated in Decree No. 47/2012/NĐ-CP until June 30, 2013, and adjust to receive monthly allowances according to Point d, Clause 1, Article 42 of Decree No. 31/2013/NĐ-CP from July 1, 2013, without enjoying supplementary allowances and allowances for servants:

a) The file does not contain a medical examination record;

b) The file contains a medical examination record but does not conclude on the degree of labor capacity reduction;

c) The file contains a medical examination record that does not comply with regulations.

3. For cases adjusted for allowances according to Point c, Clause 6, Article 42 of Decree No. 31/2013/NĐ-CP and Clause 2 of this Article, if their files record diseases, disabilities, deformities, or defects related to exposure to toxic chemicals as guided in Circular Joint No. 41/2013/TTLT-BYT-BLĐTBXH and they express a desire, the Department of Labor, Invalids, and Social Affairs shall introduce them to the competent Medical Examination Board for examination and conclusion on the degree of labor capacity reduction to implement monthly allowances and supplementary allowances according to regulations.

If the Medical Examination Board concludes that there is no disease or disability related to exposure to toxic chemicals or the degree of labor capacity reduction is less than 21%, the Department of Labor, Invalids, and Social Affairs shall issue a decision to terminate preferential benefits.

The introduction for examination according to Clause 3 of this Article shall end before December 31, 2014.

4. In cases where disabled veterans, persons enjoying benefits due to loss of working capacity, and persons engaged in the resistance war contaminated with toxic chemicals have been recognized and received monthly allowances before September 1, 2012, they shall switch to receiving allowances for persons engaged in the resistance war contaminated with toxic chemicals at a labor capacity reduction rate of 41% to 60% from January 1, 2014.

Article 8. Guidance on Article 45 of Decree No. 31/2013/NĐ-CP regarding the transfer of allowances for children born to persons engaged in the resistance war who were exposed to toxic chemicals and are receiving monthly allowances before September 1, 2012.

Transfer of allowances shall be implemented from July 1, 2013, for children born to persons engaged in the resistance war who were exposed to toxic chemicals based on files established in accordance with the regulations stipulated in legal documents at the time of file establishment, currently stored at the Department of Labor, Invalids, and Social Affairs as follows:

a) Persons currently receiving allowances according to the level of severe deformities and disabilities, unable to live independently as prescribed in Decree No. 47/2012/NĐ-CP shall have their allowances transferred as if they had a labor capacity reduction of 81% or more as provided in Clause 1, Article 45 of Decree No. 31/2013/NĐ-CP.

b) Persons currently receiving allowances according to the level of deformities and disabilities, with reduced self-care ability as prescribed in Decree No. 47/2012/NĐ-CP shall have their allowances transferred as if they had a labor capacity reduction of 61% to 80% as provided in Clause 1, Article 45 of Decree No. 31/2013/NĐ-CP.

Article 9. Guidance on Clause 1, Article 46 of Decree No. 31/2013/NĐ-CP concerning the confirmation of persons engaged in revolutionary activities or resistance wars who were captured and imprisoned by the enemy.

1. In addition to the provisions in Clause 2, Article 33 of Circular No. 05/2013/TT-BLĐTBXH, supplement one of the following documents to determine the place of imprisonment and the period of imprisonment:

a) A copy of one of the following documents: military personnel record, public security personnel record (established on or before January 1, 1995); summary of commendation files for participation in the resistance war; social insurance benefit files;

b) A copy of other documents or materials with legal value established on or before January 1, 1995;

c) Confirmation by competent agencies under the Ministry of National Defense or the Ministry of Public Security regarding the period of imprisonment and the place of imprisonment.

Article 10. Guidance on Article 67 of Decree No. 31/2013/NĐ-CP concerning the handling of persons enjoying preferential treatment for those who have made contributions to the country and commit crimes.

1. Persons who have made contributions to the country and are enjoying preferential treatment who commit a crime and are temporarily suspended from preferential treatment shall not receive preferential treatment during the suspension period.

Relatives of persons who have made contributions to the country and are enjoying preferential treatment who commit a crime and are temporarily suspended from preferential treatment shall not receive preferential treatment during the suspension period.

2. Persons who have made contributions to the country and are enjoying preferential treatment who commit a crime and are suspended from preferential treatment shall terminate all preferential treatments for both the person and their relatives. Relatives of persons who have made contributions to the country and are enjoying preferential treatment who commit a crime and are suspended from preferential treatment shall terminate all preferential treatments.

3. In cases where a person enjoying preferential treatment is sentenced to more than five years in prison but does not fall within the category of being suspended from preferential treatment, and has completed serving the sentence before January 1, 2013, they may restore preferential treatment. The date of resuming preferential treatment shall be counted from the date the Director of the Department of Labor, Invalids, and Social Affairs issues the decision.

4. Attach to this Circular model decisions on temporary suspension, suspension, or restoration of preferential treatment for persons who have made contributions to the country and their relatives (Model 1, Model 2).

Article 11. Guidance for Clause 4 of Article 80 of Decree No. 31/2013/NĐ-CP on the completion of files before the effective date of the Decree (June 1, 2013)

1. Files of individuals who were engaged in revolutionary activities prior to January 1, 1945, and those who were engaged in revolutionary activities from January 1, 1945, to August 1945, have been completed by the Provincial Party Committee Standing Committee, Municipal Party Committee Standing Committee under the Central Committee, Party Committees, Party-Cadre Organizations, Party Groups, Central Party Committees, and the General Political Department of the Vietnam People's Army, and are awaiting signature of the Decision recognizing them before June 1, 2013.

2. Files of martyrs who have been issued death certificates in accordance with regulations before June 1, 2013.

3. Files of war invalids and persons receiving benefits equivalent to war invalids who have been issued injury recognition certificates in accordance with regulations before June 1, 2013.

4. Files of disease invalids and individuals who participated in the anti-war resistance and were exposed to toxic chemicals, having medical examination reports from provincial medical examination boards before June 1, 2013.

5. Files of individuals who participated in the national liberation and defense wars, international duties, revolutionary activities, anti-war resistance, and were captured and imprisoned by the enemy, and those who assisted the revolution, which have been reviewed and listed by the Department of Labor, Invalids, and Social Affairs before June 1, 2013, for decision-making purposes.

1. Documents

a) Declaration form of the representative of the dependent (Form 3);

b) Copy of the Death Certificate issued by the People's Committee of the commune or other legal documents confirming that the person who contributed to the revolution has passed away;

c) Copy of one of the documents specified in Circular No. 05/2013/TT-BLĐTBXH: Clause 2 of Article 35 for individuals who participated in national liberation and defense wars, international duties, and Clause 2 of Article 37 for those who assisted the revolution;

d) One-time assistance decision (Form 4).

2. Procedures

a) The representative of the dependent fills out the declaration form along with the authorization record and submits it to the People's Committee of the commune together with a copy of one of the documents specified in Points b and c of Clause 2 of this Article;

b) The People's Committee of the commune shall verify and confirm the declaration form within five days from the date of receipt of complete valid documents and prepare a list with the documents specified in Point a of this Clause to be sent to the Department of Labor, Invalids, and Social Affairs;

c) The Department of Labor, Invalids, and Social Affairs shall verify and prepare a list with the documents specified in Point b of this Clause within ten days from the date of receipt of complete documents to be sent to the Department of Labor, Invalids, and Social Affairs;

3. Authority for payment of allowances:

Article 13. Issuing the "National Commendation" Medal to cases where the dependents of martyrs have been granted preferential treatment before January 1, 1995, but have not yet received the Medal

1. In cases where the file contains one of the following documents: death certificate, certificate of sacrifice, "National Commendation" Medal issued by the Minister of Defense, or "National Gratitude" Medal issued by the Minister of Veterans and War Invalids, the procedure shall be as follows:

a) The Department of Labor, Invalids, and Social Affairs where the preferential treatment was implemented shall prepare a list and submit it to the Provincial People's Committee;

b) The Provincial People's Committee shall issue a letter requesting the Ministry of Labor, Invalids, and Social Affairs (Department of Persons Contributing to the Revolution) to accompany the death certificate or "National Commendation" Medal, "National Gratitude" Medal;

c) The Ministry of Labor, Invalids, and Social Affairs shall review and submit for approval;

2. In cases where the file does not contain the documents specified in Clause 1 of this Article but there are grounds to determine that the dependents of martyrs have been granted preferential treatment and possess legal documents confirming their status as martyrs or sacrifices, the procedure shall be as follows:

a) The Department of Labor, Invalids, and Social Affairs where the preferential treatment was implemented shall request the competent authority to issue a death certificate and prepare a list to be submitted to the Provincial People's Committee;

b) The Provincial People's Committee shall issue a letter requesting the Ministry of Labor, Invalids, and Social Affairs (Department of Persons Contributing to the Revolution) to accompany the death certificate and the documents specified in this Clause;

c) The Ministry of Labor, Invalids, and Social Affairs shall review and submit for approval;

3. In cases where there are grounds to determine that the dependents of martyrs have been granted preferential treatment but do not meet the criteria specified in Clauses 1 and 2 of this Article, the procedure shall be as follows:

a) The Department of Labor, Invalids, and Social Affairs where the preferential treatment was implemented shall prepare a list and transfer it to the People's Committee of the commune where the dependents of martyrs have been granted preferential treatment;

b) The People's Committee of the commune shall publicly post the list for at least 45 days to collect public opinions and prepare a record of the public posting results;

c) For cases without complaints or accusations from the public, the Department of Labor, Invalids, and Social Affairs shall follow the guidance provided in Clause 2 of this Article.

4. One-time pension and funeral expenses shall not be provided when issuing the "National Commendation" Medal according to the provisions of this Article.

Article 14. Procedures for Supplementing Information on Relatives in Martyrs' Files

1. The person requesting to supplement information on relatives shall prepare a declaration form (Form 5) and submit it to the People's Committee of the commune along with a copy of one of the following legal documents proving the relationship with the martyr:

a) For requests to supplement information on relatives who are the father, mother, wife, or husband of the martyr: Household registration book, marriage certificate, family or clan record;

b) For requests to supplement information on relatives who are the children of the martyr: Birth certificate, decision recognizing adoption.

2. Within five days from the date of receiving all valid documents, the People's Committee of the commune shall be responsible for checking and confirming the declaration form and compiling a list along with the documents specified in Clause 1 of this Article to send to the Department of Labor, Invalids, and Social Affairs.

3. Within ten days from the date of receiving all valid documents, the Department of Labor, Invalids, and Social Affairs shall be responsible for checking and compiling a list along with the documents specified in Clause 2 of this Article to send to the Department of Labor, Invalids, and Social Affairs of the province.

4. The Department of Labor, Invalids, and Social Affairs shall be responsible for checking and supplementing information in the martyrs' file.

Article 15. Effective Date

1. This Circular takes effect from September 15, 2014.

2. In case of difficulties during implementation, agencies and organizations shall report to the Ministry of Labor, Invalids, and Social Affairs for consideration and resolution.