Joint Circular No. 17/2014/TTLT-BLDTBXH-BTC guiding the implementation of one-time allowances for individuals dispatched as experts to assist Laos and Cambodia pursuant to Decision No. 57/2013/QĐ-TTg dated October 14, 2013 of the Government Prime Minister.

JOINT CIRCULAR

Guidelines for implementing one-time allowances for individuals dispatched to work as experts in Laos and Cambodia pursuant to Decision No. 57/2013/QĐ-TTg dated October 14, 2013

Pursuant to Decision No. 57/2013/QĐ-TTg dated October 14, 2013 of the Prime Minister on one-time allowances for individuals dispatched to work as experts in Laos and Cambodia.

The Ministers of Labor, Invalids and Social Affairs and Finance hereby issue this Joint Circular guiding the implementation of one-time allowances for individuals dispatched to work as experts in Laos and Cambodia pursuant to Decision No. 57/2013/QĐ-TTg dated October 14, 2013 of the Prime Minister.

of the Prime Minister

--------------------

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. 215/2013/NĐ-CP dated December 23, 2013, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

This Joint Circular stipulates the dossier, procedures, and funding for implementing one-time allowances for individuals dispatched to work as experts in Laos and Cambodia pursuant to Decision No. 57/2013/QĐ-TTg dated October 14, 2013 of the Prime Minister (hereinafter referred to as Decision No. 57/2013/QĐ-TTg).

Article 1. Individuals entitled to one-time allowances as prescribed in Clause 1, Article 2 of Decision No. 57/2013/QĐ-TTg.

Article 1. Scope of Regulation

Article 2. Agencies, organizations, and individuals related to the implementation of one-time allowance policies for individuals dispatched to work as experts in Laos and Cambodia pursuant to Decision No. 57/2013/QĐ-TTg.

Article 2. Applicability

This Joint Circular does not apply to individuals as prescribed in Clause 2, Article 2 of Decision No. 57/2013/QĐ-TTg.

1. Application form of the individual receiving the allowance (one copy) established according to Model No. 01a issued together with this Joint Circular.

In case the individual receiving the allowance has passed away, the direct relatives of the individual receiving the allowance shall establish the Application Form of the relative of the individual receiving the allowance (one copy) according to Model No. 01b issued together with this Joint Circular.

Article 3. Documents for considering one-time allowance

In case the individual receiving the allowance has passed away and there are two or more direct relatives, the person filling out the Application Form must have a valid power of attorney from the remaining direct relatives.

Direct relatives of the individual receiving the allowance include: spouse, biological or adopted children, biological father or mother, or the legal guardian of the individual receiving the allowance.

2. Dispatch decision and return decision of the competent authority (original or certified copy of the competent authority) for individuals dispatched to work as experts in Laos during the period from May 1, 1975 to December 31, 1988, and in Cambodia during the period from January 1, 1979 to August 31, 1989.

In case the individual receiving the allowance is missing or does not have the dispatch decision and return decision mentioned above, a confirmation letter regarding the time spent working as an expert in Laos and Cambodia must be provided according to the following regulations:

a) For individuals receiving the allowance who are currently employed at agencies, organizations, units of the Party, State, Vietnam Fatherland Front, or political-social organizations, the confirmation letter regarding the time spent working as an expert in Laos and Cambodia must be issued by the head of the agency, organization, or unit where they are currently employed based on management files, signed and stamped for confirmation.

b) For individuals receiving the allowance who do not fall under the category specified in point a above, a confirmation letter regarding the time spent working as an expert in Laos and Cambodia must be established according to Model No. 02 issued together with this Joint Circular, signed and stamped for confirmation by the head of the agency or unit that directly dispatched them.

In case the individual receiving the allowance was dispatched by multiple agencies or units, confirmation letters regarding the time spent working as an expert in Laos and Cambodia must be signed and stamped for confirmation by the heads of the agencies or units that directly dispatched them.

In case the competent authority issuing the confirmation has been merged or dissolved, the confirmation must be provided by the head of the new agency or unit formed after the merger or by the head of the superior agency or unit of the dissolved agency.

3. Retirement decision (original or certified copy of the competent authority) for those who have retired or decision to stop working due to loss of labor capacity (original or certified copy of the competent authority) for those who stopped working due to loss of labor capacity, issued by the competent authority, which does not contain the allowance stipulated in Clause 7, Article 2 of Decision No. 87-CT dated March 1, 1985 of the Chairman of the Council of Ministers on policies for cadres dispatched to work in Laos and Cambodia.

In case the retirement decision or decision to stop working due to loss of labor capacity is lost, the individual receiving the allowance should contact the provincial social insurance office where they receive pension or disability allowance to obtain a copy of the retirement decision or decision to stop working due to loss of labor capacity.

4. Decision to stop working while waiting for retirement benefits for those who stopped working while waiting for retirement benefits, termination decision for those who have terminated their employment, and personnel file before stopping working while waiting for retirement benefits or termination, confirmed by the managing agency (original or certified copy of the competent authority).

In case there is no decision to stop working while waiting for retirement benefits, it can be replaced by a certificate of waiting for retirement benefits from the provincial social insurance office or a social insurance book stamped by the provincial social insurance office.

In case there is no termination decision, it can be replaced by a decision to terminate the labor contract issued by the agency, unit, or enterprise where the individual receiving the allowance terminated their employment.

In the absence of a Decision on leave pending retirement benefit, it shall be replaced by a Certificate of Pending Retirement Benefit issued by the Social Insurance Agency at provincial level or a Social Insurance Booklet that has been closed by the Social Insurance Agency at provincial level.

In the absence of a Decision on termination of employment, it shall be replaced by a Decision to terminate the labor contract issued by the agency, unit, or enterprise where the person receiving severance pay was employed.

Article 4. Procedure for Resolution

a) Guide the beneficiary of the allowance or the relative of the beneficiary to establish the dossier in accordance with this Joint Circular;

c) Check and guide the beneficiary of the allowance or the relative of the beneficiary to complete the incomplete dossier;

d) Publicize the list of beneficiaries of the allowance within ten days from the date of completing the list of proposed beneficiaries of the allowance; receive relevant opinions on the beneficiaries of the allowance or their relatives during the publicizing period; inform the content of the feedback opinions to the beneficiaries of the allowance or their relatives; compile the opinions and report to the People's Committee of the district for consideration and decision;

e) Send the list along with the dossier of the beneficiaries of the allowance to the People's Committee of the district through the Department of Labor, Invalids and Social Affairs within five working days from the date of the end of the publicizing period of the list of proposed beneficiaries of the allowance;

a) Accept the list and dossier of the beneficiaries of the allowance established by the People's Committee of the commune, with handover receipt, dossier acceptance;

b) Check the validity of the dossier; return invalid dossiers to the People's Committee of the commune for return to the applicant to complete;

c) Compile the list of proposed beneficiaries of the allowance according to Form No. 03 issued together with this Joint Circular; report to the People's Committee of the district for consideration and approval of the list along with the dossier of the beneficiaries of the allowance, send to the People's Committee of the province through the Department of Labor, Invalids and Social Affairs within five working days from the date of accepting the list and dossier of the beneficiaries of the allowance established by the People's Committee of the commune;

4. The People's Committee of the province shall direct the Department of Labor, Invalids and Social Affairs

c) Review the dossier of the beneficiaries of the allowance; compile and present to the Chairman of the People's Committee of the province for decision on the one-time allowance regime for those assigned as experts to assist Laos and Cambodia according to Form No. 04 attached to the List of Beneficiaries of the Allowance according to Form No. 05 issued together with this Joint Circular within five working days from the date of accepting the list and dossier of the beneficiaries of the allowance established by the People's Committee of the district;

d) Send the decision and list of beneficiaries of the one-time allowance to related agencies, organizations, and individuals for implementation, while sending to the Ministry of Labor, Invalids and Social Affairs (one copy) for monitoring and inspection;

e) Store the dossier of beneficiaries of the one-time allowance in accordance with regulations;

f) Take the lead in inspecting the implementation of the one-time allowance regime in accordance with Decision No. 57/2013/QĐ-TTg and resolve any issues arising at the local level;

Article 5. Funding Implementation

1. The budget for paying the one-time allowance regime as stipulated in this Joint Circular shall be guaranteed by the central budget and allocated in the budget for implementing preferential policies for persons who have rendered meritorious service to the revolution and those directly participating in the resistance war managed by the Department of Labor, Invalids and Social Affairs.

2. The preparation of the budget, allocation, management, use, and settlement of the budget for paying the one-time allowance to those assigned as experts to assist Laos and Cambodia shall be carried out in accordance with the provisions of Joint Circular No. 47/2009/TTLT-BTC-BLDTBXH dated March 11, 2009, issued by the Ministry of Finance and the Ministry of Labor, Invalids and Social Affairs guiding the issuance, management, and use of funds for implementing preferential policies for persons who have rendered meritorious service to the revolution and those directly participating in the resistance war managed by the Department of Labor, Invalids and Social Affairs.

3. For the budget for management work, the content and amount of expenditure shall be implemented in accordance with Clause 1 and 2 of Article 6 of Joint Circular No. 47/2009/TTLT-BTC-BLDTBXH dated March 11, 2009, issued by the Ministry of Finance and the Ministry of Labor, Invalids and Social Affairs.

Article 6. Implementation Provisions

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

2. If the beneficiary of the allowance as prescribed in Clause 1, Article 2 of this Joint Circular has died, then the direct relative of the beneficiary of the allowance shall establish the dossier and proceed with the procedures to claim the allowance in accordance with this Joint Circular.

3. The Vietnam Social Security shall be responsible for directing the provincial and centrally-administered city social security offices to photocopy the dossier of the beneficiaries of the allowance who have retired, left work due to loss of labor capacity, or are waiting to receive pension benefits upon request of the Department of Labor, Invalids and Social Affairs or the beneficiaries of the allowance or their direct relatives.

During the implementation process, if there are any difficulties, please reflect them to the Ministry of Labor, Invalids and Social Affairs, the Ministry of Finance for timely guidance and supplementation./.