Joint Circular No. 17/2000/TTLT-BLDTBXH-BTC guiding the implementation of certain benefits for those who participated in the resistance war and their children affected by chemical toxins used by the United States during the Vietnam War.

JOINT CIRCULAR

Guidelines for implementing certain benefits for those who participated in the resistance war and their children affected by chemical toxins used by the United States during the war in Vietnam.

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Implementing Decision No. 26/2000/QĐ-TTg dated February 23, 2000 of the Government Chairman on certain benefits for those who participated in the resistance war and their children affected by chemical toxins used by the United States during the war in Vietnam;

After receiving comments from the Ministry of Health in document No. 2355/YT-TCCB dated April 13, 2000;

The Ministry of Labour, Invalids and Social Affairs and the Ministry of Finance hereby provide guidelines as follows:

I. SUBJECTS ELIGIBLE FOR BENEFITS:

1. Individuals directly affected by chemical toxins while participating in work, combat, or support activities in areas where the United States used chemical toxins:

- Cadres, soldiers, professional military personnel, defense workers under the People's Army of Vietnam;

- Cadres and soldiers, workers, and staff members under the People's Public Security Forces;

- Local public security officers, civilian defense forces, local self-defense forces;

- Cadres, workers, and civil servants in agencies of the Party, State, Vietnam Fatherland Front, and political-social organizations;

- Cadres in villages, communes, wards within the system of the Party, government, Vietnam Fatherland Front, and political-social organizations.

- Youth volunteers centralized according to Decision No. 104/1999/QĐ-TTG dated April 14, 1999 of the Government Chairman;

- Civilian laborers.

These subjects collectively referred to as participants in the resistance war.

2. Individuals indirectly affected by chemical toxins:

Living children of participants in the resistance war as defined in Clause 1, Section I above.

II. CONDITIONS FOR ELIGIBILITY FOR BENEFITS:

1. Participants in the resistance war as defined in Point 1, Section I above must meet the following three conditions:

- Have participated in work, combat, or support activities in areas where the United States used chemical toxins (south of the 17th parallel) during the anti-American resistance war from August 1961 to April 30, 1975;

- Suffer from serious illnesses caused by exposure to chemical toxins, rendering them unable to work, or suffer from illnesses caused by exposure to chemical toxins resulting in reduced working capacity;

- Not yet receiving disability benefits for war veterans or persons with disabilities.

2. Children of participants in the resistance war as defined in Point 2, Section I above suffer from deformities or disabilities that render them unable to work and incapable of independent living, or they are unable to work but still capable of independent living.

Subjects mentioned in Points 1 and 2 above suffer from diseases or deformities listed in the directory issued by the Ministry of Health.

III. BENEFITS TO BE RECEIVED:

Participants in the resistance war and their children who meet the conditions stipulated in Section II above shall be entitled to the following benefits:

1. Monthly allowance:

a. For participants in the resistance war:

- A monthly allowance of 100,000 VND for individuals suffering from serious illnesses caused by exposure to chemical toxins and unable to work.

- A monthly allowance of 88,000 VND for individuals suffering from illnesses caused by exposure to chemical toxins and experiencing reduced working capacity.

b. For children of participants in the resistance war:

- A monthly allowance of 84,000 VND for individuals suffering from deformities or disabilities that render them unable to work and incapable of independent living.

- A monthly allowance of 48,000 VND for individuals suffering from deformities or disabilities that render them unable to work but still capable of independent living.

2. Health insurance:

If not already covered by health insurance, they will be provided with health insurance by the direct managing unit at a rate of 3% of the current minimum wage.

3. Elderly, lonely, and destitute participants in the resistance war without family support, and orphaned children of participants in the resistance war without both parents and unable to support themselves shall be considered for admission to social welfare institutions and shall enjoy benefits according to current state regulations.

4. Poor participants in the resistance war with reduced working capacity and children of participants in the resistance war with deformities or disabilities but still capable of working shall be given priority in borrowing funds from the National Employment Fund, Poverty Eradication Fund to engage in production and business to improve their livelihood.

IV. PROCEDURES AND DOCUMENTATION:

To be eligible for compensation due to exposure to chemical toxins, participants in the resistance war and their children as defined in Section I must submit an application form for compensation (attached model), accompanied by a certificate of illness, deformity, or disability caused by exposure to chemical toxins from the district health center or regional general hospital where they reside, which must be confirmed by the People's Committee of the commune, ward, town before being sent to the Labor, Invalids and Social Affairs Office or the Organization and Labor Office of the district, city, town (hereinafter referred to as the Labor, Invalids and Social Affairs Office) for consolidation and submission to the Department of Labor, Invalids and Social Affairs for review.

Based on the documentation transferred by the Labor, Invalids and Social Affairs Office, and the list of individuals affected by chemical toxins investigated according to Decision No. 74/1998/QĐ-TTg, the Department of Labor, Invalids and Social Affairs of the province, centrally-administered city shall take the lead in coordinating with the Department of Finance and Price Control to organize reviews, compile lists of beneficiaries, and submit them to the Provincial People's Committee for approval of compensation decisions and notification to the District People's Committee to implement.

Based on the compensation decision of the Provincial People's Committee, the District People's Committee shall notify the beneficiaries and the People's Committee of the commune, ward, town where the beneficiaries reside to implement.

On the basis of the list of beneficiaries of compensation due to exposure to chemical toxins approved by the Provincial People's Committee, the Department of Labor, Invalids and Social Affairs shall be responsible for compiling the beneficiaries and funding according to Model No. 01, Model No. 02, and Model No. 03 (attached models) and send them to the Department of Finance and Price Control as the basis for preparing the annual budget for compensation from the local budget for the beneficiaries, and simultaneously send one copy to the Ministry of Labor, Invalids and Social Affairs.

Participants in the resistance affected by chemical toxins who are elderly, weak, and without support; children born to participants in the resistance suffering from deformities or disabilities due to exposure to chemical toxins, if they are orphans, will be considered for acceptance into social care facilities by the Director of the Provincial Department of Labor, Invalids, and Social Affairs based on complete procedures as stated above.

V. SOURCES OF FUNDS FOR PAYING BENEFITS:

1- The funds for paying benefits and purchasing health insurance for participants in the resistance and their children affected by chemical toxins as stipulated in Section I of this Circular shall be guaranteed by local budgets from the social assistance funds allocated annually by the Government.

2- In 2000, since the assistance funds were not included in the local budget estimates, the Ministry of Finance will implement supplementary funding from the central budget to provide localities with sources to pay for beneficiaries. The basis for allocating these funds to localities is the list of individuals affected by chemical toxins compiled by the Ministry of Labor, Invalids, and Social Affairs following the investigation concerning "Individuals Affected by Chemical Toxins Used by the US in the Vietnam War" pursuant to Decision No. 74/1998/QĐ-TTg dated April 3, 1998 of the Prime Minister.

The Ministry of Labor, Invalids, and Social Affairs will compile the beneficiaries, the amount of funds requested for assistance for each locality and submit them to the Ministry of Finance for supplementary funding allocation to the provinces.

VI. IMPLEMENTATION ORGANIZATION:

1- To fully implement the contents of Decision No. 26/2000/QĐ-TTg dated February 23, 2000 of the Prime Minister, the Departments of Labor, Invalids, and Social Affairs have the responsibility:

- To coordinate with local mass media agencies to publicize and disseminate the spirit and content of Decision No. 26/2000/QĐ-TTg dated February 23, 2000 of the Prime Minister and the guidelines provided in this Circular to all levels, sectors, and the local population.

- To coordinate with the Health Departments to guide, monitor, and supplement the progression of illnesses among participants in the resistance and the degree of deformities and disabilities among their children due to chemical toxin exposure (if any), according to the guidelines of the Ministry of Health, while simultaneously determining the work capacity of each individual listed to ensure accurate benefit implementation.

- To coordinate with the People's Committees of districts, towns, and cities to publicly post the lists of participants in the resistance and their children at the offices of the People's Committees of communes, wards, and towns. After 15 days from the posting of the list, if there are no complaints, then the procedures for providing assistance to beneficiaries will be implemented.

2- The Departments of Finance and Prices of provinces and centrally-administered cities shall coordinate with the Departments of Labor, Invalids, and Social Affairs in reviewing beneficiaries, ensuring the budget source for implementing the assistance benefits as prescribed in this Circular, and settling accounts for these funds according to current state regulations.

3- The provisions of this Circular shall take effect from January 1, 2000.

During the implementation process, if any difficulties arise, please promptly report them to the Joint Ministries for resolution.