JOINT CIRCULAR No. 17/1999/TTLT/BLDTBXH-BTC-BTCBCP GUIDING THE IMPLEMENTATION OF DECREE No. 23/1999/NĐ-CP dated April 15, 1999 OF THE GOVERNMENT ON REGIME FOR MILITARY PERSONNEL AND OFFICIALS WHO WENT TO THE B, C, K WAR ZONES DURING THE AMERICAN RESCUE WAR PERIOD WITHOUT IMMEDIATE FAMILY MEMBERS TO SUPPORT THEM AND MILITARY PERSONNEL AND OFFICIALS SENT BY THE PARTY TO CONTINUE WORKING IN THE SOUTH AFTER THE 1954 GENEVA AGREEMENT

JOINT CIRCULAR

Guidelines for Implementing Decree No. 23/1999/NĐ-CP dated April 15, 1999 of the Government on the treatment of military personnel and officials who went to battlefields B, C, K during the period of resisting America to save the country without direct dependents to support them and military personnel and officials sent by the Party to remain in the South after the Geneva Agreement in 1954

In implementing Decree No. 23/1999/NĐ-CP dated April 15, 1999 of the Government on the treatment of military personnel and officials who went to battlefields B, C, K during the period of resisting America to save the country without direct dependents to support them and military personnel and officials sent by the Party to remain in the South after the Geneva Agreement in 1954, after receiving comments from the Ministry of National Defense in Circular No. 1546/QP dated June 3, 1999, the Ministry of Public Security in Circular No. 645/BCA (x13) dated June 5, 1999, the Ministry of Justice in Circular No. 1055TP/PLHS-HC dated June 8, 1999, and the Central Organization Department in Circular No. 495 CV/TCTW dated May 31, 1999, the Ministry of Labor, Invalids and Social Affairs, the Ministry of Finance, and the Office of Organization-Personnel Affairs under the Government hereby provide guidance on implementation as follows:

I. OBJECTS

1. Scope of application:

a. Military personnel and officials of the Party's agencies, State agencies, Vietnam Fatherland Front, and political-social organizations who receive salaries from the State budget when going to the Southern battlefield (B), Laos battlefield (C), Cambodia battlefield (K) during the period of resisting America to save the country without direct dependents (biological father, biological mother; wife or husband; biological child, legally adopted child) to support them in the North include:

- Officers, professional soldiers, defense workers;

- Officers and non-commissioned officers receiving salaries, workers, and staff members belonging to the People's Public Security Forces;

- Officials, workers, and staff members of Party agencies, State agencies, Vietnam Fatherland Front, and political-social organizations;

- Officials, workers, and staff members of state-owned enterprises

b. Officials and officers who were assigned to build the 559 road in the B, C, K battlefields before the issuance of Decree No. 25/CP dated July 5, 1960 of the Council of Ministers on salary regulations for administrative and public service areas; and Decree No. 24/CP dated July 1, 1960 of the Council of Ministers on salary regulations for production and business areas.

c. Military personnel and officials who were detached and sent by the Party to continue revolutionary activities in the South after the 1954 Geneva Agreement (the time of assignment was from July 1954 to May 1955 as stipulated in Directive No. 87CT/TW dated August 31, 1954 of the Secretariat), including:

- Those assigned by Party organizations and State authorities at the district level or higher;

- Those assigned by military units of the People's Army of Vietnam at the battalion or district-level militia force (for local armed forces) or higher;

- Those assigned by units and agencies of the People's Public Security Forces at the battalion or district level or higher;

- Military personnel and officials who had been detached and belonged to the category of those who were supposed to be relocated after the 1954 Geneva Agreement but due to objective conditions could not go and remained in the South to continue their activities under the management and assignment of Party organizations at the district level or higher.

d. Military personnel and officials sent by the Party to perform international missions in Laos and Cambodia after the 1954 Geneva Agreement (the time of assignment was from July 1954 to May 1955).

The above subjects, if deceased or martyred, also fall within the scope of application.

2. Subjects Not Eligible for Application.

Subjects specified in point 1 above, if they deserted or joined the enemy, are not eligible for application.

II. BENEFITS ENJOYED

1. Method of Calculating Time for Entitlement to Benefits:

a. Principles of Calculation:

- The calculation of time spent fighting and working in battlefields to be entitled to benefits shall be calculated within the period from July 1954 to April 30, 1975;

- For subjects who have time spent fighting and working in battlefields B, C, K, the cumulative time spent working and fighting in each battlefield will be counted to enjoy benefits;

- For subjects whose time spent fighting and working in battlefields is not continuous, when calculating the time for entitlement to benefits, the periods of interruption must be excluded.

b. Formula for Calculation:

The time counted for entitlement to benefits is determined according to the following formula:

When calculating time according to the above formula, if there are months remaining, then six months or more are counted as one year, less than six months are counted as half a year.

c. Method of Calculation:

- For military personnel and officials who continuously fought and worked in battlefields until April 30, 1975, the time counted for entitlement to benefits is from the time they went to battlefields until April 30, 1975:

Example 1: Mr. A is an officer of the Vietnam People's Army, who continuously fought in battlefield B from January 1960 to April 1975, the time spent in battlefields counted for entitlement to benefits once is 15 years 4 months (184 months: 12), counted as 15.5 years.

Example 2: Mr. E worked in battlefield B from May 1968 to October 1971, then transferred to battlefield C, and worked there until August 1974, then transferred to battlefield K and worked there until October 1976, the time spent in battlefields counted for entitlement to benefits is the total time spent in each battlefield until April 30, 1975, which is 7 years (3 years 6 months in battlefield B + 2 years 10 months in battlefield C + 8 months in battlefield K).

- For military personnel and officials who continuously fought and worked in battlefields but returned to the North before April 30, 1975, the time counted for entitlement to benefits is from the time they went to battlefields until the day they returned to the North.

Example: Mr. C is a professional soldier who continuously fought in battlefield B from November 1963 to May 1970, then left the battlefield and returned to the North in October 1970, the time spent in battlefields counted for entitlement to benefits is up to October 1970, which is 7 years (84 months: 12).

- For military personnel and officials who were assigned to build the 559 road in the B, C, K battlefields before the salary system was implemented in 1960, the time spent in battlefields is counted from the time they started building the 559 road. The method of calculating time is similar to the aforementioned categories.

Example: Mr. F participated in building the 559 road in battlefield B from May 1959 to July 1960, the time spent in battlefields counted for entitlement to benefits is 1 year 3 months, counted as 1.5 years.

- For those individuals who were dispatched to remain in the South for activities by the Party after the Geneva Agreement in 1954, or sent on international missions to Laos and Cambodia, the calculation of time shall be similar to that of the aforementioned subjects.

Example: Mr. E, an official assigned by the Party to stay in the South from August 1954 until the liberation of the South, the time spent in the battlefield for the purpose of enjoying a one-time benefit regime from August 1954 to April 1975 is calculated as 20 years and 9 months (249 months ÷ 12), rounded up to 21 years.

- In cases of sacrifice or death in the B, C, K battlefields before April 30, 1975, the time period is counted from the date of entering the battlefield to the date of sacrifice or death.

d. Cases where there is a break but the time is still counted for the benefit regime:

When calculating the time according to paragraph c above, if the subject has a period working, studying, receiving treatment, or recuperation in the North, then returning to the battlefield, during which time they only received living expenses and did not receive salary or benefits like officials or military personnel in the North, this period in the North will be counted towards the one-time benefit regime.

Example: Mr. C was assigned by the Party to stay in the South from July 1954 to June 1965, then went to work in the North, returned to the battlefield in May 1969 until April 30, 1975. The time spent in the North when he received living expenses is included in the calculation of his one-time benefit regime, totaling 20 years and 10 months (250 months ÷ 12), rounded up to 21 years.

e. The following interruptions are not counted towards the time for the benefit regime:

- If the individual goes to work, study, receive treatment, or recuperate in the North, then returns to the battlefield, and during their time in the North, they receive salary and benefits like officials or military personnel in the North, the time spent in the North is not counted towards the one-time benefit regime.

Example: Mr. E was assigned by the Party to stay in the South from July 1954 to June 1965, then went to work in the North, returned to the battlefield in May 1969 until April 30, 1975. During his time in the North, Mr. E received salary, so the four-year period in the North is not counted towards his one-time benefit regime.

- If the individual goes to work, study, receive treatment, or recuperate in the North, receives salary and benefits like officials or military personnel in the North, establishes a family, and then returns to the battlefield, and if the dependents directly supporting them in the North receive support payments, the time spent back in the battlefield is not counted towards the one-time benefit regime.

Example: Mr. H was assigned by the Party to stay in the South from July 1954 to June 1965, then went to work in the North, returned to the battlefield in May 1969 until April 30, 1975. While in the North, Mr. H received salary and had married, and if the dependents directly supporting him in the North received support payments, the four-year period in the North is not counted towards his one-time benefit regime.

- If the individual was assigned by the Party to stay in the South but had periods of lost contact and non-activity, these periods are not counted towards the one-time benefit regime.

2. Level of one-time benefit:

According to the method of calculating time mentioned above, the one-time benefit is calculated as follows:

a. For individuals with a combat or work period at the battlefield of two years or less, the level of one-time benefit is 1,000,000 VND (one million dong).

b. For individuals with a combat or work period at the battlefield exceeding two years, the level of one-time benefit is calculated according to the following formula:

III. PROCEDURES AND DOCUMENTS FOR ENJOYING THE BENEFIT REGIME:

1. Responsibilities of the beneficiary and the file management authority:

a. The beneficiary must fill out Form 1a of this Circular. The declaration must be certified by the workplace's authority if the person is still employed, or by the local government (commune, ward) where the person resides if the person is retired. Subsequently, the beneficiary submits the personal declaration to the relevant authorities as follows:

- For officials and officers under the armed forces:

+ If currently employed, submit to the current workplace;

+ If retired, disabled due to work, war invalid, occupational accident, or discharged, submit to the military authority at the district level if they are military personnel; submit to the public security authority at the district level if they are public security personnel.

- For civilian, political, and party officials (employed or retired) submit to the People's Committee at the district level.

b. The file management authority is responsible for extracting and certifying the time spent in combat or work at the B, C, K battlefields based on one of the following files: official, Party member, military personnel, or retirement/disability. Specifically:

- For individuals currently working in the armed forces, state agencies, or state enterprises, the head of the agency, unit, or enterprise where the individual works is responsible for extracting and certifying the information (according to Form 2).

- For individuals working outside the state sector, or retired, disabled due to work, war invalid, occupational accident, or discharged, the People's Committee at the district level directs the file management authority at the district level to extract and certify the information. If the district-level authority does not manage the files or the files are lost, the People's Committee at the district level requests the file management authority at the provincial level to extract and certify the information.

For deceased or martyred individuals, the representative of the next of kin is responsible for handling the procedures and documents as specified in point b above and filling out Form 1b.

2. Responsibilities of the authority or unit receiving the application, reviewing, and disbursing the one-time benefit.

a. For units under the armed forces:

- The military or public security authority at the district level is responsible for receiving, compiling declarations, extracting and certifying files about the time spent in combat or work for the beneficiaries (if managing the files) and sending them to the military or public security authority at the provincial level.

- Military agencies and public security agencies at the provincial level shall be responsible for reviewing individuals eligible to receive benefits within their jurisdiction based on stored records. At the same time, they shall compile lists according to Model Number 3 attached with personal declarations and copies of biographical records, and submit them to the Department of Policy, Ministry of National Defense if it pertains to the Army, and the Cadre and Civil Servant Organization Department, Ministry of Public Security if it pertains to the Police.

- The Ministry of National Defense and the Ministry of Public Security shall be responsible for reviewing individuals eligible to receive benefits within their jurisdiction, compiling, checking, confirming according to Model Number 3, and preparing budgets to be submitted to the Ministry of Finance for consideration of funding allocation. Based on the proposals from the Ministry of National Defense and the Ministry of Public Security, the Ministry of Finance will allocate budget limits or issue payment orders to the Ministry of National Defense and the Ministry of Public Security for implementation of payments to the beneficiaries and settlement according to current regulations.

b. For civilian, administrative, and party agencies:

- The People's Committee at the district level shall be responsible for receiving personal declarations, directing the district-level file management agency to copy biographical records for the individual, and compiling lists to be submitted to the Chairman of the Provincial People's Committee.

- The Chairman of the Provincial People's Committee shall direct relevant agencies to coordinate with the Provincial Party Committee's Organizational Department to review individuals eligible to receive benefits within their jurisdiction, compile, confirm according to Model Number 3, and prepare budgets to be submitted to the Ministry of Finance for consideration of funding allocation. Based on the proposals from the provincial people's committees, the Ministry of Finance will allocate funds through the provincial finance departments to provide funding to units for implementation of payments to the beneficiaries and settlement according to current regulations.

- For individuals under central management, based on stored records, the Central Party Organizational Department shall be requested to review individuals eligible to receive benefits simultaneously, compile, confirm according to Model Number 3, prepare budgets, and send a letter to the Ministry of Finance for consideration of funding allocation. Based on the reviewed list from the Central Party Organizational Department, the Ministry of Finance will allocate budget limits or issue payment orders to ministries, agencies, and sectors to implement payments to the beneficiaries and settlement according to current regulations.

c. The Ministry of National Defense, the Ministry of Public Security, central and local ministries, agencies, mass organizations shall organize supervision of payments made according to the correct beneficiaries, benefit levels, and settlement of funds according to current regulations.

The Ministry of Finance will only allocate subsequent funding rounds to units that have reported settlements of previously allocated funding.

d. For those who have died or passed away, the benefits shall be provided to the main representative of the primary kin (with authorization from other relatives) of the beneficiary including: father, mother, spouse, biological children, legally adopted children.

IV. IMPLEMENTATION. 

In central ministries, agencies, the Party, and mass organizations at the provincial and municipal levels where there are many one-time benefit recipients, if deemed necessary, a Steering Committee shall be established with the head of the agency or unit or the provincial People's Committee leader as the Chairperson, and members being leaders of the Party Committee, government, cadre and civil servant organization, labor, war invalids and social affairs, finance, provincial military command, and provincial public security department to guide and implement this benefit effectively.

When implementing, if issues arise or complaints occur, the Ministry of National Defense, the Ministry of Public Security, central ministries, agencies, and mass organizations where the beneficiary is working, and the provincial and municipal People's Committees directly under the central government shall be responsible for timely examination and resolution. This Circular takes effect from May 1, 1999. During implementation, if any difficulties arise, please report to the relevant ministries and localities for resolution.

When implementing, if issues arise or complaints occur, the Ministry of National Defense, the Ministry of Public Security, central ministries, agencies, and mass organizations where the beneficiary is working, and the provincial and municipal People's Committees directly under the central government shall be responsible for timely examination and resolution.

This Circular takes effect from May 1, 1999.

During implementation, if any difficulties arise, please report to the relevant ministries and localities for resolution.