Joint Circular No. 17/2003/TTLT/BLDTBXH-TUDTNCSC-HCM guiding the implementation of policies for volunteers who completed their tasks during the resistance war.

JOINT CIRCULAR

Guidelines for Implementing Policies for Volunteers Completing Tasks During the Resistance War

actively completing tasks 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 coordinating with the Ministry of Transport, the Central Institute of Forensic Medicine, and the Ministry of Labor - Invalids and Social Affairs and the Central Communist Youth Union, the following guidelines are hereby issued:

I. OBJECTS AND CONDITIONS:

1. Objectives:

1.1. Volunteers eligible to enjoy preferential treatment under Article 1 of Decision No. 104/1999/QĐ-TTg dated April 14, 1999 of the Government (referred to as Decision 104/1999) are those who joined the volunteer forces concentrated during the resistance war from July 15, 1950 to April 30, 1975 (including volunteers engaged in post-war reconstruction work in the North from 1955 to 1964).

Concentrated volunteers during the resistance war (collectively referred to as volunteers) are understood as follows:

a. Receiving benefits according to the supply system for volunteers or receiving benefits equivalent to those provided to military personnel.

b. Organized into battalions, companies, brigades, or platoons, squads, directly managed by the Central Youth Union or established and managed by provincial or municipal People's Committees.

c. Having served in the volunteer force for at least one year.

d. Possessing one of the old documents proving their status as volunteers: membership card; certificate of completion of tasks in the volunteer force; commendation letter; cadre or party member resume indicating their status as volunteers.

1.2. The following categories of individuals participating in activities during the resistance war are not subject to Decision 104/1999 and this Circular:

a. Civilian workers serving important projects, fireline civilian workers, citizens performing wartime labor service;

b. Civilian transport forces;

c. Military personnel, public security officers, civil servants, village-level key officials;

d. Militia self-defense forces, reserve military personnel;

e. Volunteers sentenced to more than five years in prison (those sentenced to five years or less will be considered after completing their sentence);

f. Volunteers violating laws, regulations of their units, or causing death or injury to themselves, or being ordered by unit commanders to return to their home regions;

g. Volunteers after April 30, 1975.

2. Conditions.

2.1. For those injured or deceased as stipulated in Clause 1, Article 2 of Decision 104/1999:

Volunteers injured while on duty, with physical injuries, shall be recognized as entitled to benefits similar to those for disabled veterans or martyrs, as specified in Article 25 (for the injured) or Article 11 (for the deceased) of Decree No. 28/CP dated April 29, 1995 of the Government, and detailed in Circular No. 16/1998/TTLT-BLĐTBXH-BQP-BCA dated November 25, 1998 of the joint circular of the Ministry of Labor - Invalids and Social Affairs - Ministry of Defense - Ministry of Public Security (hereinafter referred to as Circular 16/1998).

2.2. For those entitled to receive allowances as stipulated in Clause 3 and Clause 4, Article 2 of Decision 104/1999 or Decree No. 07/2000/NĐ-CP dated March 9, 2000 of the Government:

- Volunteers eligible for monthly allowances under Clause 3, Article 2, Decision 104/1999 or one-time allowances under Clause 4, Article 2, Decision 104/1999 are those not covered by social insurance, disabled veterans, war invalids, persons enjoying benefits similar to disabled veterans, currently employed, and at the time of initial application, they are in one of the following situations.

a. Volunteers who are unable to work, living alone without support, without relatives capable of providing care, or with relatives but also facing genuine difficulties, and are eligible for monthly allowances under Decision No. 167/TTg dated April 8, 1994 of the Prime Minister or Decree No. 07/2000/NĐ-CP dated March 9, 2000 of the Government, and are also eligible for a one-time allowance of 1,500,000 VND (one million five hundred thousand VND) guaranteed by the State budget.

b. Individuals eligible for a one-time allowance of 1,500,000 VND (one million five hundred thousand VND) guaranteed by the State budget are in one of the following situations:

- Long-term illness (individuals suffering from diseases requiring long-term medical leave as defined in Circular No. 33/TT-LB dated June 25, 1987 of the Ministry of Health and the General Confederation of Labor of Vietnam).

- Unable to work (men aged 60 or older, women aged 55 or older based on Gregorian calendar or determined by the Medical Examination Board to have lost more than 61% of working capacity).

- Living in poverty (poverty standard as per Decision No. 1143/2000/QĐ-LĐTBXH dated November 1, 2002 of the Minister of Labor - Invalids and Social Affairs).

II. AUTHORITY TO ISSUE CERTIFICATES AND RESPONSIBILITY FOR SETTLING BENEFITS FOR PERSONS ENTITLED TO BENEFITS SIMILAR TO THOSE OF DISABLED VETERANS:

CUSTOMARY RECOGNITION AND SETTLEMENT OF RIGHTS AND INTERESTS OF PERSONS

PROCEDURES FOR ISSUING CERTIFICATES AND SETTLING BENEFITS FOR PERSONS ENTITLED TO BENEFITS SIMILAR TO THOSE OF DISABLED VETERANS:

1. Authority to issue injury certificates.

1.1. Provincial Youth Unions issue injury certificates to volunteers under their management and residing in the province or city.

1.2. The Ministry of Transport issues injury certificates to volunteers under its management and usage.

2. Basis for issuing injury certificates.

2.1. Documents established during service in the volunteer force that record injuries such as transfer injury forms, hospital transfer forms, medical records, discharge certificates, health status reports attached to personal declarations, and community recommendations as stated in item 4 below.

2.2. One of the old documents proving their status as volunteers as specified in sub-item d of Clause 1.1, Section 1, Part I of this Circular.

2.3. After having all the above-mentioned grounds, the People's Committee of the commune or ward shall transfer to the County Youth Union or District Youth Union for inspection, and compile a list of individuals who meet the conditions to be proposed to the Provincial Youth Union or Municipal Youth Union, and the Ministry of Transport for examination and issuance of injury certificates within their jurisdiction.

The injury certificate and disability assessment only determine physical injuries according to the provisions of Circular No. 22/LDTBXH-TT dated August 29, 1995, issued by the Ministry of Labor, Invalids, and Social Affairs.

3. Introduce disability assessment.

The authority issuing the injury certificate has the responsibility to introduce volunteer youths for disability assessment.

To facilitate, unify, and timely resolve policies, the authority issuing the injury certificate and introducing disability assessment shall transfer the entire file to the Department of Labor, Invalids, and Social Affairs where the volunteer youth resides for coordination in review and re-examination, and then transfer it to the Medical Disability Assessment Board of the province or city for disability assessment. After the disability assessment, the Medical Disability Assessment Board of the province or city shall send the results to the Department of Labor, Invalids, and Social Affairs (where the file was transferred for disability assessment).

Specifically, for volunteer youths whose injury certificates are issued by the Ministry of Transport with permanent residence registration in Hanoi City, they may be considered for disability assessment at the Medical Disability Assessment Board of the Ministry of Transport (if there is a desire).

4. File of injured persons.

The authority issuing the injury certificate for volunteer youths shall establish and complete the file, including:

4.1. Personal declaration form (Form No. 01), confirmed and recommended by the agency or unit where currently working or the head of the village, hamlet, or street where currently residing.

4.2. Documents certifying as a volunteer youth as stipulated in item d, Clause 1.1, Section 1, Part I of this Circular.

4.3. Minutes of the meeting of the confirmation council of the commune or ward where the volunteer youth resides, proposing to recognize the injured person as eligible for policy benefits (Form No. 3).

4.4. Confirmation and recommendation letter from the District Youth Union or County Youth Union.

4.5. Injury certificate (Form No. 04).

4.6. Documents serving as the basis for issuing the injury certificate established during the period of service in the volunteer youth force, recording the status of injury such as transfer injury forms, hospital transfer forms, medical records, discharge certificates, health certificates.

4.7. Disability assessment report issued by the authorized Medical Disability Assessment Board (Form No. 05).

5. Procedures for resolving rights and interests of injured persons.

For the Department of Labor, Invalids, and Social Affairs.

a. Check the entire content of the documents in the disability file as prescribed in Sections 2 and 4, Part II of this Circular.

If any errors are found, transfer the file to the authority issuing the injury certificate or return the disability assessment report to the Medical Disability Assessment Board along with a letter detailing the errors for consideration and resolution.

b. Compile a list of files that meet the conditions and criteria and notify the public. After 15 days from the date of notification, if there are no objections, the Department shall prepare an extract of the disability file (Form No. 06) and complete the procedures for resolving rights and interests as prescribed in Points 3 and 4, Section IV, Part B of Circular No. 16/1998. At the same time, inform the authority recommending volunteer youths for disability assessment.

III. AUTHORITY AND RESPONSIBILITY FOR ESTABLISHING FILES OF VETERANS AND RESOLVING RIGHTS AND INTERESTS OF THE FAMILIES OF VETERANS
AND RESOLVING RIGHTS AND INTERESTS OF THE FAMILIES OF VETERANS

1. Authority to issue death certificates.

The Provincial Youth Union or Municipal Youth Union of Ho Chi Minh Communist Youth and the Ministry of Transport shall consider issuing death certificates to propose recognition as a veteran for deceased volunteer youths, similar to the procedure for issuing injury certificates as prescribed in Section 1, Part II of this Circular.

2. File for recognizing veterans.

The authority issuing the death certificate to propose recognition as a veteran for volunteer youths shall establish and transfer the file to the Department of Labor, Invalids, and Social Affairs where the veteran's family resides, including:

2.1 Application for discovery and proposal by the family, accompanied by copies of relevant documents related to the veteran (if available) and certification letters from two comrades in the same squad, platoon, or company who were aware of the circumstances of the death (Form No. 07). The person writing the certification letter must have their signature and the time period of service with the deceased verified by the head of the current working unit or the Chairman of the People's Committee or the Party Secretary of the commune or ward where currently residing based on the cadre file or party member record.

2.2. Minutes of the meeting of the confirmation council of the commune or ward where the veteran's family resides, proposing to recognize the veteran (Form No. 08), consisting of two copies.

2.3. Certification and recommendation letter from the County Youth Union or District Youth Union.

2.4. Death certificate proposing recognition as a veteran (Form No. 09), consisting of four copies.

2.5. Certificate of the situation of the veteran's family issued by the People's Committee of the commune where the veteran's family resides (Form No. 10), consisting of 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 No. 16/1998.

4. Resolving rights and interests.

Implement as prescribed in Section IV, Part A of Circular No. 16/1998.

IV. RESPONSIBILITIES FOR ESTABLISHING FILES TO IMPLEMENT MONTHLY SUBSIDY REGIMES AND ONE-TIME SUBSIDIES FOR VOLUNTEER YOUTHS
THANH NIÊN XUNG PHONG

1. For the Provincial Youth Union or Municipal Youth Union.

1.1. Identify, establish files, examine and approve monthly subsidies and one-time subsidies for volunteer youths under direct management of the locality and those under central management of the Central Youth Union or the Ministry of Transport residing in the locality, according to Clause 2.2, Section 2, Part I of this Circular, and propose the Provincial People's Committee or Municipal People's Committee to issue decisions on subsidies.

For volunteer youths who have moved to reside in another province or city and have not been resolved yet, they must have an introduction and a written request from the Provincial Youth Union or Municipal Youth Union of the place of residence before moving.

1.2. Subsidy files.

a. Monthly subsidy application form, one-time subsidy application form, confirmed by the head of the village, hamlet, or street (Form No. 11).

b. Documents certifying as a volunteer youth as stipulated in item d, Clause 1.1, Section 1, Part I of this Circular.

c. Minutes confirming and requesting the collective meeting of the council confirming the circumstances of the family and assistance for voluntary youth (Form No. 12).

d. Certificate and request from the County Youth Union, District Youth Union.

Decision on one-time assistance (Form No. 13), monthly assistance (Form No. 14) of the Provincial People's Committee, City People's Committee.

After completing the file procedures, the Provincial Youth Union, City Youth Union retains one set and transfers one set to the Department of Labor, Invalids and Social Affairs where the voluntary youth resides to process the settlement of benefits.

2. For the Department of Labor - Invalids and Social Affairs of the province, city.

2.1. Payment of monthly assistance.

The Department of Labor, Invalids and Social Affairs registers and manages the list (Form No. 15), organizes the implementation of monthly assistance payments according to the decision of the Chairman of the Provincial People's Committee, City People's Committee.

2.2. Payment of one-time assistance.

a. The Department prepares four copies of the summary (Form No. 16) and sends three copies with the letter to the Ministry of Labor - Invalids and Social Affairs for coordination with the Ministry of Finance to allocate funds.

b. Based on the allocated budget, the Department of Labor, Invalids and Social Affairs organizes the payment of one-time assistance and completes the accounting settlement in accordance with current regulations.

V. IMPLEMENTATION

1. The Provincial Youth Union, City Youth Union shall take the lead in coordinating with the Department of Labor, Invalids and Social Affairs, the Association of Former Voluntary Youth (if any) to assist the Provincial People's Committee, City People's Committee in widely publicizing the contents of this Circular; guiding the County Youth Union, District Youth Union, organizational labor and social affairs departments, and the People's Committees of communes and wards in establishing files to request confirmation of voluntary youth who were injured or died during the resistance war, monthly assistance, and one-time assistance as stipulated in this Circular, and report the results to the Central Youth Union and the Ministry of Labor, Invalids and Social Affairs.

2. The Department of Labor, Invalids and Social Affairs shall be responsible for closely coordinating with the Provincial Youth Union, City Youth Union to implement the provisions of this Circular; report the results to the Ministry of Labor, Invalids and Social Affairs and the Central Youth Union for timely resolution of any difficulties.

3. During the implementation of the policy, transparency and democracy must be ensured, and it is essential to inform the people in villages, streets, communes, and wards about those cases that meet the conditions and those that do not meet the conditions for benefit recognition.

4. In 2003, the Ministry of Transport, the Provincial Youth Union, City Youth Union of Ho Chi Minh Communist Youth Organization shall complete the review and issuance of injury certificates and death notifications for voluntary youth files confirmed as having been reported and included in the records at the People's Committees of communes and wards, district youth unions, county youth unions, and the Department of Labor, Invalids and Social Affairs in accordance with Circular No. 09/2001/TT-BLĐTBXH dated May 28, 2001 of the Ministry of Labor, Invalids and Social Affairs and the provisions of this Circular.

5. The Department of Labor, Invalids and Social Affairs shall be responsible for implementing and coordinating with relevant agencies, county and commune People's Committees to organize inspections of cases that have been resolved under the policy, and if any errors are found, they shall be handled according to the guidelines in Section III of Circular No. 11/LĐTBXH dated September 19, 1990 of the Ministry of Labor, Invalids and Social Affairs and the provisions of Article 72, Article 74 of Decree No. 28/CP dated April 29, 1995 of the Government.

For files of injuries received before the date of this Circular and files of injuries completed in accordance with Circular No. 16/1998 but have not yet processed benefit claims, the Department of Labor, Invalids and Social Affairs shall review them; if they meet the conditions and criteria, they shall be processed in accordance with Clause b, Point 5, Part II of this Circular.

6. Voluntary youth who have been concluded as not meeting the conditions for recognition as beneficiaries of policies for disabled veterans or martyrs, or who have already had their work accident, wartime accident, or accidental death benefits resolved, shall not re-establish files to request recognition.

7. One-time assistance.

7.1. By November 30, 2003, complete the declaration of voluntary youth requesting one-time assistance and the minutes of the collective meeting of the council confirming the circumstances of the commune and ward as specified in Clause a, b, c, Item 1.2, Part IV of this Circular.

County Youth Unions, District Youth Unions shall cooperate with the Organizational Labor and Social Affairs Departments and the People's Committees of communes and wards to promptly inspect, confirm, and request one-time assistance and monthly assistance (if applicable) for voluntary youth who meet the conditions. At the same time, report to the Provincial Youth Union, City Youth Union and the Department of Labor, Invalids and Social Affairs by December 31, 2003 on the number of voluntary youth eligible for continued consideration of assistance.

7.2. To promptly resolve one-time assistance for voluntary youth, the Department of Labor, Invalids and Social Affairs shall advance funds authorized to implement preferential policies for persons with meritorious service, based on the list decided by the Provincial People's Committee, City People's Committee, and send the summary (Form No. 16) to the Ministry of Labor, Invalids and Social Affairs. After receiving the funds, the advanced funds will be reimbursed.

This Circular takes effect fifteen days after its publication in the Official Gazette.

This Circular replaces Circular No. 16/1999/TTLT-BLĐTBXH-TƯĐTNCSHCM dated July 6, 1999, Circular No. 06/2000/TTLT-BLĐTBXH-TƯĐTNCSHCM dated March 21, 2000, and Circular No. 10/2001/BLĐTBXH-TƯĐTN dated May 31, 2001 issued jointly by the Ministry of Labor, Invalids and Social Affairs and the Central Youth Union of Ho Chi Minh Communist Youth Organization.

During the implementation process, if there are any difficulties, please reflect them to the Ministry of Labor, Invalids and Social Affairs and the Central Youth Union of Ho Chi Minh Communist Youth Organization for timely research and resolution.