Circular No. 18/2003/TT-BLDTBXH guiding the allowance regime for persons who have contributed to the revolution

CIRCULAR

Guidelines on the allowance system for those who have contributed to the revolution

Implementing Decree No. 69/2003/NĐ-CP dated June 13, 2003 of the Government detailing and guiding the implementation of the Ordinance amending Article 22 and Article 23 of the Ordinance on preferential treatment for revolutionary activists, martyrs, and families of martyrs, war invalids, and persons with disabilities, and those who have contributed to the revolution;

After reaching consensus with relevant ministries and agencies, the Ministry of Labor, Invalids, and Social Affairs provides guidelines on the allowance system for those who have contributed to the revolution as follows:

I. SUBJECTS AND CONDITIONS:

1. Subjects and conditions for entitlement:

a- Persons who made contributions to the revolution before August 19, 1945, awarded by the State with the Commemorative Medal "National Recognition" or "Certificate of Merit to the Country," meeting the criteria to be recognized as contributors to the revolution.

b- Persons who made contributions to the revolution during the resistance war, awarded by the State with the Resistance War Medal, meeting the criteria to be recognized as contributors to the revolution, including:

b-1. Persons awarded the Resistance War Medal by the State before December 31, 1994, currently receiving monthly allowances or not yet receiving allowances;

b-2. Persons awarded the Resistance War Medal by the State from January 1, 1995 onwards, not yet receiving allowances;

b-3. One of the individuals listed in the family's record awarded the Resistance War Medal but not yet receiving allowances.

c- Persons who made contributions to the revolution during the resistance war, awarded by the State with the Resistance War Badge, meeting the criteria to be recognized as contributors to the revolution.

2. Subjects and conditions not applicable for entitlement:

a- Persons awarded Medals or Badges of the Resistance War, Victory Medals, already receiving monthly allowances or one-time allowances pursuant to Circular No. 24/1999/TT-LDTBXH dated October 5, 1999, or eligible for one-time allowances pursuant to Circular No. 25/2000/TT-BLDTXH dated October 17, 2000 of the Ministry of Labor, Invalids, and Social Affairs.

b- Persons who made contributions to the revolution before August 19, 1945, or during the resistance period, subsequently directly participating in the revolution and recognized as resistance fighters, currently working, or receiving social insurance benefits.

II. ALLOWANCE SYSTEM:

1. Contributors to the revolution specified in Clause a, Point 1, Section I of this Circular shall be entitled to:

a- Basic monthly allowance: VND 170,000/person.

b- Monthly care allowance: VND 420,000/person if living alone without support.

c- When contributors to the revolution pass away, the person organizing the funeral shall be granted funeral expenses and burial costs at VND 2,320,000.

2. Contributors to the revolution specified in Clause b, Point 1, Section I of this Circular shall be entitled to:

Basic monthly allowance: VND 110,000/person.

b- Monthly care allowance: VND 320,000/person if living alone without support. Upon death, the person organizing the funeral shall be granted funeral expenses and burial costs at VND 2,320,000.

3. Contributors to the revolution entitled to monthly allowances under Point 1 or Point 2 of Section II above who died after December 31, 2002 and had not yet received allowances shall have their surviving spouse or legal heirs receive the allowance according to the provisions for each category from January 1, 2003 until the date of the contributor's death.

4. Contributors to the revolution meeting the conditions for entitlement specified in Clause a, Clause b, Point 1, Section I of this Circular, who died before January 1, 2003 and had not yet received allowances shall have their surviving spouse or legal heirs receive a one-time allowance of VND 1,000,000.

5. Contributors to the revolution specified in Clause c, Point 1, Section I of this Circular shall be entitled to a one-time allowance of VND 1,000,000/person.

6. Contributors to the revolution entitled to a one-time allowance under Point 5, Section II above who died without having received the allowance shall have their surviving spouse (if still alive) or legal heirs receive a one-time allowance of VND 1,000,000.

7. In cases where the spouse of a contributor to the revolution has passed away, the legal heirs shall be entitled to the allowance in the following order:

- Father, mother, adoptive father, adoptive mother, biological child, adopted child as provided by law of the deceased (first order of succession);

- Grandfather, grandmother, maternal grandfather, maternal grandmother, full brother, full sister, full sibling of the deceased (second order of succession);

- Paternal uncle, maternal uncle, paternal aunt, maternal aunt, and sister-in-law of the deceased; grandchild of the deceased when the deceased is a paternal uncle, maternal uncle, paternal aunt, maternal aunt, or sister-in-law (third line of succession).

(Each line of succession is represented by one person authorized by the members of that line. A representative from a subsequent line may claim the allowance only if there is no representative from a prior line.)

III. PROCEDURES FOR ESTABLISHING AND MANAGING FILES TO CONFIRM AND RESOLVE THE ALLOWANCE SYSTEM

1. Contributors to the revolution currently receiving monthly allowances up to December 31, 2002 shall adjust their allowances according to Point 1 or Point 2 of Section II of this Circular based on the files managed by the Department of Labor, Invalids, and Social Affairs.

2. Contributors to the revolution specified in Clause a, Clause b, Point 1, Section I of this Circular who have not yet received monthly allowances shall follow the procedures and file requirements for resolving the allowance as follows:

a- Declaration form of contributors to the revolution who have been honored (Form No. 1) certified by the People's Committee of the commune or ward where they reside.

In cases where the individual cannot write, the People's Committee of the commune or ward shall assign at least two people to meet the contributor to record their declaration, which must be signed and clearly stated with the names of the recorders.

b- The Social Organization Labor Office or the Labor-Welfare Office of the district, city, provincial town under the central city (collectively referred to as the Social Organization Labor Office) shall receive the declaration form, coordinate with the same-level Commendation and Reward Standing Committee to establish two lists of people who have contributed to the revolution before August 1945 (Form No. 2), and two lists of people who have contributed to the revolution and have been awarded the War Resistance Medal by the State (Form No. 3). Then send one copy of each list along with a letter to the Department of Labor, Invalids and Social Affairs, while reporting to the People's Committee of the district.

c- The Department of Labor, Invalids and Social Affairs, pursuant to the authorization of the Provincial People's Committee:

- Shall inspect and approve the list of people who have contributed to the revolution. Establish the list of people who have contributed to the revolution receiving monthly allowances throughout the province (Form Nos. 2 and 3).

- Prepare two copies of the summary of people who have contributed to the revolution receiving monthly allowances from column 2 to column 9 (Form No. 5).

- Decide on issuing certificates and allowances for people who have contributed to the revolution (Form No. 6).

3. For people who have contributed to the revolution as stipulated in Clause a, Clause b, Point 1 Item I of this Circular, if they died before January 1, 2003 without having received allowances, the procedures for handling allowances shall be as follows:

a- The wife or husband, or the statutory heir of the deceased shall declare, sign, and clearly indicate their relationship with the deceased on the declaration form (Form No. 1).

b- The Social Organization Labor Office shall receive the declaration form, coordinate with the same-level Commendation and Reward Standing Committee to establish two lists of people who have contributed to the revolution (Form No. 3A). Then send one copy of the list along with a letter to the Department of Labor, Invalids and Social Affairs, while reporting to the People's Committee of the district.

c- The Department of Labor, Invalids and Social Affairs, pursuant to the authorization of the Provincial People's Committee:

- Inspect and approve the list of people who have contributed to the revolution. Establish the list of people who have contributed to the revolution and died before January 1, 2003 throughout the province (Form No. 3A).

- Summarize people who have contributed to the revolution and died before January 1, 2003 from column 11 to column 15 (Form No. 5).

- Decide on granting a one-time allowance (Form No. 6A).

4. For people who have contributed to the revolution and have been awarded the War Resistance Medal as stipulated in Clause c, Point 1, Item I of this Circular, the procedures for handling a one-time allowance shall be as follows:

a- The declaration form of people who have contributed to the revolution and have been awarded commendations (Form No. 1) according to the provisions of Clause a, Point 2, Item III of this Circular.

For people who have contributed to the revolution and have been awarded the War Resistance Medal and have died, the wife or husband or the statutory heir of the deceased shall declare, sign, and clearly indicate their relationship with the deceased on the declaration form (Form No. 1).

b- The Social Organization Labor Office shall receive the declaration form, coordinate with the same-level Commendation and Reward Standing Committee to establish two lists of people who have contributed to the revolution and have been awarded the War Resistance Medal (Form No. 4). Then send one copy of the list along with a letter to the Department of Labor, Invalids and Social Affairs, while reporting to the People's Committee of the district.

c- The Department of Labor, Invalids and Social Affairs, pursuant to the authorization of the Provincial People's Committee:

- Inspect and approve the list of people who have contributed to the revolution. Establish the list of people who have contributed to the revolution and have been awarded the War Resistance Medal in the province (Form No. 4).

- Summarize people who have contributed to the revolution receiving a one-time allowance from column 16 to column 19 (Form No. 5).

- Decide on granting a one-time allowance (Form No. 6A).

5. The Departments of Labor, Invalids and Social Affairs shall, after summarizing the objects specified in Points 2, 3, and 4 of Item III above into Form No. 5, send one copy to the Ministry of Labor, Invalids and Social Affairs.

IV. IMPLEMENTATION ORGANIZATION:

1. The Director of the Department of Labor, Invalids and Social Affairs shall be responsible for coordinating with the same-level Commendation and Reward Standing Committee of the province to inspect and review the list of citizens who have been awarded the "National Commendation" Commemorative Medal or "Merit to the Country" Certificate and those who have been awarded Medals and Badges for Meritorious Service in the Resistance War, to avoid errors, mistakes, and incorrect recipients, and organize the management of files, lists, and payment of allowances to the recipients in accordance with the current accounting regulations.

2. The allowances provided for in Item II of this Circular for people who have contributed to the revolution shall be implemented from January 1, 2003.

3. People who are currently receiving monthly allowances as stipulated in Point 1, Item III of this Circular must be reviewed and inspected again regarding their file, eligibility for allowances, and allowance amount to ensure strict and consistent management in accordance with the regulations.

4. People who have contributed to the revolution and have been awarded the War Resistance Medal but have not yet received a one-time allowance and wish to move from their current place of residence to another province or city shall be processed for a one-time allowance by the Labor, Invalids and Social Affairs Office of the place where they resided before moving, in accordance with this Circular.

5. People who have contributed to the revolution or their wives (husbands) or statutory heirs (in case of death of the person who has contributed to the revolution) who have officially moved to reside in another province or city and now declare to receive allowances must be confirmed by the People's Committee of the commune, ward, and the Social Organization Labor Office managing the list of commendations. The People's Committee of the commune, ward where the person declaring to receive allowances resides now shall receive the declaration form, examine, and propose.

6. Any issues related to commendation arising from the implementation of this Circular shall be examined and resolved by the Commendation and Reward Offices at all levels and sectors in accordance with the guidelines of the National Institute of Commendation and Reward.

7. This Circular shall take effect fifteen days after its publication in the Official Gazette.

Repeal Point 5, Item I of Circular No. 18/LDTBXH-TT dated August 1, 1995 and Point 9, Item II, Part A of Circular No. 22/LDTBXH-TT dated August 29, 1995 issued by the Ministry of Labor, Invalids and Social Affairs.

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