Circular No. 170/2018/TT-BQP guiding certain provisions of Decree No. 102/2018/NĐ-CP dated July 20, 2018 of the Government on support regimes and other preferential regimes for Vietnamese people who have rendered meritorious service to the revolution, those who participated in the resistance war, the war to protect the Fatherland, and international missions residing abroad.

CIRCULAR

Guidelines for certain provisions of Decree No. 102/2018/NĐ-CP dated July 20, 2018 of the Government on support policies and other preferential policies for Vietnamese people who have contributed to the revolution, those who participated in the resistance war, national defense wars, and international missions currently residing abroad

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Based on Decree No. 164/2017/NĐ-CP dated December 30, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Decree No. 102/2018/NĐ-CP dated July 20, 2018 of the Government on support policies and other preferential policies for Vietnamese people who have contributed to the revolution, those who participated in the resistance war, national defense wars, and international missions currently residing abroad;

At the proposal of the Director of the General Political Department;

The Minister of National Defense issues this Circular to guide certain provisions of Decree No. 102/2018/NĐ-CP dated July 20, 2018 of the Government on support policies and other preferential policies for Vietnamese people who have contributed to the revolution, those who participated in the resistance war, national defense wars, and international missions currently residing abroad.

Article 1. Scope of Regulation

This Circular provides guidance on the subjects and conditions for application; support policies and methods of calculation; procedures for resolving support policies; payment methods for support policies and issuance of "Certificate"; responsibilities of agencies, units, and localities in organizing implementation according to Decree No. 102/2018/NĐ-CP dated July 20, 2018 of the Government on support policies and other preferential policies for Vietnamese people who have contributed to the revolution, those who participated in the resistance war, national defense wars, and international missions currently residing abroad (hereinafter referred to as Decree No. 102/2018/NĐ-CP).

Article 2. Subjects and Conditions for Application

Implement as prescribed in Article 2 of Decree No. 102/2018/NĐ-CP. In particular, the conditions regarding location, time period, and unit specified in Point c Clause 2 and Clause 3 of Article 2 of Decree No. 102/2018/NĐ-CP shall be implemented as follows:

1. Communes along the northern bank of the Ben Hai River at the 17th parallel, including seven communes: Vinh Giang, Vinh Quang, Vinh Thanh, Vinh Lam, Vinh Son, Vinh O, Vinh Ha, and communes within the demilitarized zone, including five communes: Vinh Tan, Vinh Thach, Vinh Hoa, Vinh Hien, Vinh Thuy in Vinh Linh District, Quang Tri Province.

2. Locations, time periods, and units directly participating in national defense wars and international missions after April 30, 1975 shall be implemented according to Decision No. 2084/QĐ-BTTM dated November 9, 2012 of the General Staff of the Vietnam People's Army issued together with the List of Locations, Time Periods, and Units Directly Participating in National Defense Wars and International Missions After April 30, 1975; Decision No. 1377/QĐ-TM dated August 6, 2014 of the General Staff of the Vietnam People's Army issued together with the Supplementary List of Locations, Time Periods, and Units Directly Participating in National Defense Wars and International Missions After April 30, 1975 and the results of decoding symbols and designations of units participating in national defense wars and international missions issued by the Ministry of National Defense.

Article 3. Support Policies and Methods of Calculation

1. For the subjects specified in Clause 1 of Article 2 of Decree No. 102/2018/NĐ-CP, the following shall apply:

a) For those who have made contributions to the revolution and whose benefits have been suspended (including relatives of martyrs but not included in the guidance provided in Point c of Clause 2 of this Article) who are still alive, the support policy will be calculated from the month and year when their supplementary and assistance benefits were suspended to the month and year when the provincial or municipal People's Committee where they were directly managed and paid monthly benefits before settling abroad issues a decision to provide support.

If the subject has already received the aforementioned support and then passed away, the relatives of the subject specified in Clause 5 of Article 2 of Decree No. 102/2018/NĐ-CP will continue to receive support; the period for calculating the support will be from the month immediately following the month and year when the previous support decision was issued until the month and year when the subject passed away.

Example 1:Mr. Nguyen Van Bon was granted a certificate of war invalidity and monthly allowance by competent authorities in Vietnam with a disability rate of 33%. In June 1979, due to border demarcation, Mr. Bon settled abroad and his monthly war invalidity allowance was suspended from July 1979. Assuming that in October 2019, the provincial People's Committee responsible for managing and paying the monthly war invalidity allowance before Mr. Bon settled abroad issued a decision to provide support. The method of calculating the support for Mr. Bon is as follows:

- The period for calculating the support: October 2019 - July 1979 = 40 years 04 months = 484 months.

- Assuming the disability allowance of 33% converted to the corresponding amount in October 2019 is 1,700,000 VND/month. The support amount for Mr. Bon is:

1,700,000 VND/month x 484 months = 822,800,000 VND.

Example 2:Also in the case of Mr. Bon in Example 1, he received support in October 2019 and then passed away in October 2020. Assuming in December 2020, the provincial People's Committee (where the support was provided while he was alive) issued a decision to provide support to Mr. Bon's relatives. The method of calculating the support in this case is as follows:

- The period for calculating the support: October 2020 - November 2019 = 12 months.

- Assuming the disability allowance of 33% converted to the corresponding amount in December 2020 is 1,800,000 VND/month. The support amount for Mr. Bon's relatives is:

1,800,000 VND/month x 12 months = 21,600,000 VND.

b) For those who have passed away, the relatives of the subject specified in Clause 5 of Article 2 of Decree No. 102/2018/NĐ-CP will receive support calculated from the month and year when the supplementary and assistance benefits were suspended to the month and year when the subject passed away.

Example 3:Also in the case of Mr. Bon in Example 1, but he passed away in August 2010. Assuming in October 2019, the provincial People's Committee responsible for managing and paying the monthly war invalidity allowance before Mr. Bon settled abroad issued a decision to provide support. The method of calculating the support for Mr. Bon's relatives is as follows:

- The period for calculating the support: August 2010 - July 1979 = 31 years 02 months = 374 months.

The level of support for Mr. Four's dependents is:

1,700,000 VND/month x 374 months = 635,800,000 VND.

c) Biological children and legally adopted children of martyrs shall enjoy the support benefit from the month when the allowance payment was suspended to the month immediately preceding their 18th birthday. In cases where the beneficiary dies before reaching 18 years old, the support benefit shall be calculated from the month when the allowance payment was suspended until the month of the beneficiary's death.

Example 4:Mr. Tran Quoc Hung, born in July 1975, is the biological child of a martyr who has been granted烈士的抚恤金和定期抚恤金，并于1979年6月因国家边界规划定居国外，从1979年7月起停止领取定期抚恤金。根据关于优待革命功臣的法律规定，胡先生可以领取定期抚恤金直到他18岁前的最后一个月（1993年6月）。假设胡先生于2019年9月由其在出国前直接管理并支付抚恤金的地方人民政府作出决定，胡先生享受抚恤金制度的计算如下：

- The period during which the benefit is enjoyed: June 1993 - July 1979 = 14 years = 168 months.

- Assuming that the monthly pension for the children of martyrs converted at the time of September 2019 is 1,600,000 VND/month, the level of support for Mr. Hung is:

1,600,000 VND/month x 168 months = 268,800,000 VND.

2. For the subjects specified in Clauses 2, 3, and 4 of Article 2 of Decree No. 102/2018/NĐ-CP, the implementation is as follows:

a) Those with up to two years of actual service shall be entitled to a support benefit of 4,000,000 VND.

Example 5:Ms. Tran Thi H, from 2004 to the present, has settled abroad; while in the country, she served as a civilian militia member organized by County M to perform combat and support duties during the war of resistance against U.S. aggression in the North as follows: Period 1 from October 1965 to December 1965 (3 months), Period 2 from August 1967 to November 1967 (4 months); before settling abroad, Ms. H did not belong to the category eligible for retirement benefits or monthly disability allowances. The support benefit for Ms. H is calculated as follows:

- The total period of two concentrated militia service periods counted towards the support benefit is:

3 months + 4 months = 7 months.

- The level of support benefit Ms. H is entitled to is: 4,000,000 VND.

b) Those with more than two years of actual service shall have an additional 1,500,000 VND added for each year starting from the third year, calculated according to the following formula:

Support Benefit = 4,000,000 VND + [(number of years entitled to benefit - 2 years) x 1,500,000 VND].

Example 6:Mr. Tran Van Sau enlisted in February 1972; was discharged in May 1977; re-enlisted in July 1978 and was discharged in October 1989 to work in international cooperation labor, then settled abroad. The support benefit for Mr. Sau is calculated as follows:

- The actual service period in the military for the first enlistment from February 1972 to May 1977 (5 years 4 months); the second enlistment from July 1978 to October 1989 (11 years 4 months).

The total actual service period in the military counted towards the benefit is:

5 years 4 months + 11 years 4 months = 16 years 8 months, rounded to 17 years.

- The level of support benefit Mr. Sau is entitled to is:

4,000,000 VND + [(17 years - 2 years) x 1,500,000 VND] = 26,500,000 VND.

Example 7:Mr. Nguyen Van Dong, a soldier who fought on the northern border (Lộc Bình district, Lang Son province in April 1979), enlisted in May 1975 and was discharged in July 1989; in October 2005, he settled abroad; before settling abroad, he did not belong to the category eligible for retirement benefits or monthly disability allowances. The support benefit for Mr. Dong is calculated as follows:

- The actual service period in the military counted towards the benefit is 14 years 3 months, rounded to 14.5 years.

- The level of support benefit Mr. Dong is entitled to is:

4,000,000 VND + [(14.5 years - 2 years) x 1,500,000 VND] = 22,750,000 VND.

Example 8:Ms. Nguyen Thi K, a civilian militia member organized by County M to perform combat and support duties during the war of resistance against U.S. aggression in the North from August 1965 to November 1965 (4 months); then enlisted in the military from May 1969 to October 1971 (2 years 6 months) and was discharged back to the locality; since March 2002, she has settled abroad. The support benefit for Ms. K is calculated as follows:

- The actual period of concentrated militia service and military service counted towards the support benefit is: 4 months + 2 years 6 months = 2 years 10 months, rounded to 3 years.

- The level of support benefit Ms. K is entitled to is:

4,000,000 VND + [(3 years - 2 years) x 1,500,000 VND] = 5,500,000 VND.

c) In cases where the subject died before September 5, 2018 (the date Decree No. 102/2018/NĐ-CP took effect), the dependents of the subjects specified in Clause 5 of Article 2 of Decree No. 102/2018/NĐ-CP shall be supported with 6,000,000 VND. If the subject died on or after September 5, 2018, the level of support benefit shall be calculated according to the methods set out in points a and b of this clause.

Example 9:In the case of Mr. Dong mentioned in Example 7, but who died on September 4, 2018 (before the effective date of Decree No. 102/2018/NĐ-CP), his dependents are entitled to a support benefit of 6,000,000 VND.

Example 10: In the case of Mr. Dong mentioned in Example 7, but who died on September 6, 2018 (after the effective date of Decree No. 102/2018/NĐ-CP), his dependents are entitled to a support benefit of 22,750,000 VND (calculated according to the method in Example 7).

3. In cases where the subject is specified in Clause 1 and also falls under the subjects specified in Clauses 2, 3, and 4 of Article 2 of Decree No. 102/2018/NĐ-CP, they shall be entitled to both the support benefit prescribed in Clause 1 and Clause 2 of this Article.

Example 11:In the case of Mr. Four mentioned in Example 1, who is also a soldier participating in the anti-U.S. resistance war, enlisted in May 1968 and discharged in April 1972 (with a total actual service period in the military of 4 years). The support benefit for Mr. Four is calculated as follows:

- The level of support for a disabled veteran with a 33% disability rate: 822,800,000 VND.

- The level of support for the time as a military personnel participating in the resistance against the United States to save the country is: 4,000,000 VND + [(4 years - 2 years) x 1,500,000 VND] = 7,000,000 VND.

The total level of support that Mr. Four enjoys is: 822,800,000 VND + 7,000,000 VND = 829,800,000 VND.

Article 4. Documents for resolving the support regime

Implemented according to the provisions of Article 6 of Decree No. 102/2018/NĐ-CP; among which, original documents or related documents specified in Point b Clause 1, Point b Clause 3 of Article 6 of Decree No. 102/2018/NĐ-CP, are guided as follows:

1. Original documents or related documents specified in Point b Clause 1 of Article 6 of Decree No. 102/2018/NĐ-CP, including one or several of the following documents proving that the subject is a person who has rendered meritorious service to the revolution or a relative of烈士或每月享受抚恤金和生活补贴但被暂停享受制度的人：

a) Decision on monthly allowance and subsidy for persons engaged in revolutionary activities before January 1, 1945; persons engaged in revolutionary activities from January 1, 1945 to August 1945; Decision on awarding titles, Decision on monthly allowance and subsidy for Heroic Mothers of Vietnam, Heroes of People's Armed Forces, Heroes of Labor in the Resistance War; Decision on monthly allowance for persons engaged in revolutionary activities, anti-Japanese activities, or captured and imprisoned by the enemy, persons who have helped the revolution; Decision on issuing certificates of martyrs' families and monthly allowances for relatives of martyrs; Decision on issuing certificates of disabled veterans and monthly disability allowances; Decision on issuing certificates of war invalids and monthly allowances and subsidies; Decision on allowances for persons engaged in the resistance war contaminated by toxic chemicals;

b) Extracts from files enjoying preferential treatment for persons who have rendered meritorious service to the revolution (including relatives of martyrs), or confirmation letters from competent authorities (accompanied by photocopied files and documents serving as the basis for confirmation), or Monthly Allowance and Preferential Treatment Payment Receipts of subjects entitled to such benefits.

2. Original documents or related documents specified in Point b Clause 3 of Article 6 of Decree No. 102/2018/NĐ-CP, including one or several of the following documents proving that the subject participated in the resistance war, wars to defend the homeland, or international missions, or served as civilian fireline workers:

- Discharge, demobilization, transfer, resignation, or termination decision, or decision by authorized agencies to send them for international labor cooperation;

- Registration form for demobilization, discharge, or transfer allowance;

- Original documents or related documents guided in this Clause 1;

- Military personnel records, civil servant and public official records, cadre records, or summary of 63 items for officers, military personnel registration forms; overseas labor records, party member records; social insurance books (if available);

- Confirmation letter of work history issued by the former agency or unit where the subject was managed before demobilization, discharge, transfer, or resignation, signed and stamped by the head of the agency or unit at the level of regiment or higher directly managing the subject before demobilization, discharge, or resignation, or before being sent for international labor cooperation, or before transferring to defense civil servants and then resigning, or by the People's Militia Committee at the county level or higher (where the subject resided before emigrating abroad). Such confirmation letters should be accompanied by photocopied files of the subject or lists of registered and managed subjects currently stored by the agency or unit. In cases where the former agency or unit has been merged or dissolved, the confirmation shall be made by the newly established agency or unit after the merger or by the direct superior agency of the dissolved unit;

- Induction, recruitment decisions; promotion, rank advancement, salary increase decisions; job transfer, appointment decisions; assignment decisions; death certificates; death notices;

- Certificates of participation in volunteer youth corps, civilian fireline workers, or confirmation letters from the People's Committee of the commune where the subject was mobilized to participate in civilian fireline work; reserve military personnel registration forms; health examination, evacuation, hospital transfer forms;

- Medals and commendations for participation in the resistance war, wars to defend the homeland, international missions, and other forms of commendation.

Article 5. Methods of disbursing support benefits and issuing "Certificate"; contents of funding for organizing the implementation of support benefits

1. Methods of disbursing support benefits and issuing "Certificate"

a) For subjects who do not authorize relatives within the country to prepare applications and receive support benefits, implement according to the provisions at point a, Clause 1, Article 9 of Decree No. 102/2018/ND-CP.

b) For subjects who authorize relatives within the country to prepare applications and receive support benefits as stipulated at point b, Clause 1, Article 9 of Decree No. 102/2018/ND-CP, shall be implemented as follows:

After each period, upon receiving the Decision, "Certificate", funding, and list of beneficiaries transferred from the Military Zone Command or the Capital Military Command, the Provincial Military Command or the Political Department of the Capital Military Command shall direct the County Military Command to organize the disbursement of support benefits and issue "Certificates" to the relatives of the subjects.

The procedures, responsibilities for organizing disbursements, and settlement procedures and files shall be similar to those for civilian workers during the war as provided in Circular Joint No. 138/2015/ATLT-BQP-BLDTBXH-BTC dated December 16, 2015 issued by the Ministry of National Defense, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Finance guiding the implementation of Decision No. 49/2015/QD-TTg dated October 14, 2015 of the Prime Minister on certain support policies for civilian workers during the wars against France and America, the defense of the Fatherland, and international missions.

2. Contents of funding for organizing the implementation of support benefits as stipulated at point c, Clause 2, Article 9 of Decree No. 102/2018/ND-CP include:

a) Training and professional development; receiving, reviewing, and examining applications; transferring applications from abroad to the country and vice versa; costs for transferring money abroad and organizing the disbursement of support benefits; summarizing experiences, mid-term reviews, and final summaries;

b) Printing materials, forms, management papers, and "Certificates" for participants in the resistance wars, the defense of the Fatherland, and international missions;

c) Purchasing and minor repairs of equipment, office supplies for the review and disbursement of support benefits and policies.

Article 6. Responsibility for Organizing Implementation

1. Request the Ministry of Labor, Invalids and Social Affairs:

a) Direct the Departments of Labor, Invalids and Social Affairs of localities to receive applications transferred from Vietnam's representative offices abroad, organize the review and examination, and submit to the People's Committee of the province or centrally-administered city (hereinafter referred to as the provincial People's Committee) for decisions on the receipt of support benefits for subjects who are revolutionary meritorious persons residing abroad but have been suspended from monthly allowances due to national border demarcation planning and those who are both revolutionary meritorious persons and participants in the resistance wars, the defense of the Fatherland, and international missions as stipulated at Clause 1 and Clause 3, Article 4 of Decree No. 102/2018/ND-CP.

If the application does not meet the conditions for receiving benefits or is missing required documents, conclude in writing and send to Vietnam's representative offices abroad for reply or request the subject (relative of the subject) to supplement and complete the application;

b) Periodically, based on the funding guarantee requests for disbursing support benefits from the provincial People's Committee, direct relevant agencies under its authority to compile reports and propose to the leadership of the Ministry of Labor, Invalids and Social Affairs to request the Ministry of Finance to ensure funding according to regulations;

c) Guide and direct the implementation of health insurance and funeral expenses for subjects returning to settle in the country as stipulated at Clause 2, Article 5 of Decree No. 102/2018/ND-CP;

d) Coordinate to resolve any issues arising.

2. Request the Ministry of Foreign Affairs to direct Vietnam's representative offices abroad:

a) Organize the dissemination and promotion of policies and benefits for subjects or their relatives;

b) Guide subjects or their relatives to prepare applications for benefits; receive, review, consolidate, and compile lists of subjects or their relatives to transfer to the provincial People's Committee (through the Department of Labor, Invalids and Social Affairs) or the Ministry of National Defense (through the Policy Bureau, General Political Department) for resolution of support benefits according to jurisdiction and procedures and responsibilities as stipulated at Clause 1 and point a, Clause 2, Article 7 of Decree No. 102/2018/ND-CP;

c) Organize the disbursement of benefits and issue "Certificates" to subjects or their relatives; periodically complete payment lists and vouchers to send back to the provincial People's Committee or the Ministry of National Defense for settlement according to point a, Clause 1, Article 9 of Decree No. 102/2018/ND-CP.

d) Coordinate to resolve any issues arising.

3. For the provincial People's Committee:

a) Direct localities and related agencies to effectively organize the dissemination and promotion of policies and benefits for the people and relatives of subjects. Organize training and implementation of policies and benefits for subjects in the locality strictly, democratically, transparently, conveniently, and without errors or corruption;

b) Direct military agencies and the Department of Labor, Invalids and Social Affairs to receive applications, organize the review and examination; consolidate and report to competent authorities for decisions on receipt of benefits and request the Ministry of Labor, Invalids and Social Affairs to ensure funding for the disbursement of benefits according to Clause 1, Article 7 of Decree No. 102/2018/ND-CP. Strictly and promptly implement health insurance and funeral expenses for subjects when they return to settle in the country according to Clause 2, Article 5 of Decree No. 102/2018/ND-CP.

4. For the Military Zone Commands and the Capital Military Command:

a) Direct and guide agencies and units to organize the dissemination and promotion of policies and benefits; organize training for leaders and specialized staff of agencies and units under their command; implement policies and benefits for subjects in the locality according to point b, Clause 2, Article 7 of Decree No. 102/2018/ND-CP;

b) Compile and report to the Ministry of National Defense (through the Policy Department, Political General Department) the decisions and lists of beneficiaries for each support regime, five copies each for consolidation, and request the Ministry of Finance to ensure funding;

c) Based on the decisions and lists of beneficiaries, issue "Certificates" for each beneficiary, transfer them to the Provincial Military Command or the Political Department of the Hanoi Capital Military Command for handover to the County Military Command to organize payment of the support regime and deliver the "Certificate" to the relatives of the beneficiaries;

d) Take the lead in inspecting and resolving any issues arising at agencies, units, and localities under their management; organize verification and conclusion or issue directives and requests for units and localities to verify and conclude when discovering false declarations or fraudulent documents to obtain benefits;

5. For functional agencies of the Ministry of National Defense:

a) The Policy Department, Political General Department

- Coordinate and direct propaganda and dissemination of the support regime and policies; provide guidance on implementation;

- Review and issue decisions on receiving support regimes, sign "Certificates" for beneficiaries who have not authorized domestic relatives to file applications and receive benefits within the jurisdiction of the Ministry of National Defense. Upon receipt of the financial guarantee notification from the Ministry of Finance, process the transfer of support funds along with the decision, "Certificate," and list of beneficiaries to the Vietnamese representative office abroad to organize payments and settle accounts according to point a, Clause 1, Article 9 of Decree No. 102/2018/NĐ-CP;

If the application does not meet the conditions for receiving benefits or is missing required documents, conclude in writing and send to Vietnam's representative offices abroad for reply or request the subject (relative of the subject) to supplement and complete the application;

- Organize the review of application files for support regimes based on the proposals of the Military Zone Commands and the Hanoi Capital Military Command;

- Consolidate the funds for paying support regimes of the Military Zones and the Hanoi Capital Military Command, report to the head of the Political General Department to request the Ministry of Finance to ensure funding; coordinate with the Finance Department of the Ministry of National Defense to allocate funds for units to implement;

- Take the lead and coordinate in resolving issues and problems that arise;

b) The Cadre Department, Political General Department; The Military Service Department, General Staff Office

Direct agencies and units under their hierarchical management to confirm the service history in the military for beneficiaries based on stored records at the unit, ensuring strict and accurate confirmation; coordinate to direct, inspect, and resolve issues and problems during the implementation process;

c) The Finance Department, Ministry of National Defense

Report to the head of the Ministry of National Defense to allocate the budget and provide funds to the Military Zones, the Hanoi Capital Military Command, and the Policy Department to implement payments to beneficiaries; manage and direct settlement of accounts according to current regulations; coordinate to direct, inspect, and resolve issues and problems during the implementation process;

Article 7. Effective Date

1. This Circular shall take effect from January 30, 2019.

2. The regimes and policies guided by this Circular shall be implemented from September 5, 2018;

3. Any referenced documents in this Circular, if amended, supplemented, or replaced by new documents, the content referred to shall also be adjusted and implemented according to the amended, supplemented, or replacing documents;

Article 8. Responsibility for Implementation

1. Heads of agencies, units, and localities are responsible for implementing this Circular;

2. During the organization and implementation, if there are any issues, agencies, units, and localities should reflect them to the Ministry of National Defense (through the Policy Department, Political General Department) for consideration and resolution./.