Joint Circular No. 190/2005/TTLT/BQP-BLDTBXH-BTC guiding the implementation of Decision No. 92/2005/QĐ-TTg dated April 29, 2005 of the Prime Minister on the regime for ethnic minority military personnel from Military Zones 7 and 9 who participated in the resistance war against the United States and returned to their home provinces before January 10, 1982.

JOINT CIRCULAR

Guidelines for Implementing Decision No. 92/2005/QĐ-TTg dated April 29, 2005 of the Prime Minister on the implementation of policies for military personnel from ethnic minorities belonging to Military Zones 7 and 9 who participated in the anti-American resistance war and returned to their home provinces before January 10, 1982trước ngày 10 tháng 1 năm 1982

 Pursuant to Decision No. 92/2005/QĐ-TTg dated April 29, 2005 of the Prime Minister on the implementation of policies for military personnel from ethnic minorities in provinces belonging to Military Zones 7 and 9 who participated in the anti-American resistance war and returned to their home provinces before January 10, 1982, the Ministry of National Defense, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Finance provide guidelines for implementation as follows:

I. SUBJECTS AND CONDITIONS

1. Recipients and Conditions for Application:

a. Recipients and Conditions for Receiving Disability Allowance:

- Military personnel from ethnic minorities in provinces belonging to Military Zones 7 and 9 who were conscripted before April 30, 1975, participated in the anti-American resistance war, and returned to their home provinces before the enactment of the Law on Military Service and the Law on Officers of the People's Army (January 10, 1982), have not yet received social insurance benefits, disability allowances, allowances equivalent to disability benefits, discharge allowances, separation allowances, chemical agent exposure compensation, or disability benefits due to illness at 61% or higher caused by one of the following circumstances:

+ Engaging in combat operations;

+ Serving in particularly difficult and harsh areas for three years or more;

+ Serving in particularly difficult and harsh areas for less than three years but having served in the People's Army for over ten years;

+ Having served in the People's Army for fifteen years or more.

- Ethnic minorities in the provinces within Military Zones 7 and 9 mentioned in this Circular include: Jaklay, Xtieng, Koho, Khmer, Hua, Chau Ro, or other minority ethnic groups (including military personnel from ethnic minorities who were relocated to the North under the Geneva Agreement (1954) and then returned to the South before April 30, 1975 to continue serving in the military).

- Engaging in combat operations in the South, Laos, and Cambodia before April 30, 1975;

These recipients, due to special family circumstances, customs and traditions, health conditions, returned to their home provinces without discharge orders, retirement decisions, or unit certification.

b. Recipients and Conditions for Receiving Discharge Allowances:

Military personnel meeting the above conditions, after being assessed by the competent medical board of the military and found to be disabled due to illness below 61%, shall receive discharge benefits according to Decision No. 595/QĐ-TTg dated December 15, 1993. The Prime Minister.

2. Non-applicable Subjects:

- Military personnel who are retired or discharged will be granted benefits according to Decision No. 290/2005/QĐ-TTg dated November 8, 2005 of the Prime Minister.

- Military personnel who, after returning to their home province, joined organizations opposing the people's government or committed serious criminal offenses and were sentenced to five years or more in prison;

- Military personnel who, after a period of time in their home province, re-enlisted or left civil service positions in state agencies and have already received one-time social insurance benefits;

- Military personnel from ethnic minorities in the North who moved to the South after April 30, 1975;

- Military personnel who were relocated to the North under the Geneva Agreement (1954) and returned to the South before April 30, 1975 but did not serve in the military.

II. BENEFITS AND AMOUNTS

1. Disability Allowance:

Recipients meeting the conditions specified in point a, clause 1, Section I of this Circular shall receive disability allowance according to the provisions of the Decree on Preferential Treatment for Persons Contributing to the Revolution No. 26/2005/PL-UBTVQH11 dated June 29, 2005 and current guiding documents. The disability allowance shall be effective from the date the Commander of the Military Zone signs the decision granting the disability certificate.

2. Discharge Benefits:

Recipients specified in point b, clause 1, Section I of this Circular shall receive discharge benefits and vocational training allowances according to Decision No. 595/QĐ-TTg dated December 15, 1993 and Joint Circular No. 448/TTLB dated March 28, 1994 of the Ministry of National Defense, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Finance guiding the implementation for military personnel being discharged:

2.1. Discharge Allowance:

a. For officers and non-commissioned officers:

If there are fractional months:

+ Less than one month, no allowance;

+ From one to less than six months, allowance equal to one month's salary;

+ Six months or more, allowance equal to 1.5 months' salary;

- The salary for calculating discharge allowance includes: rank pay or professional grade pay, seniority allowance (if applicable) before discharge, converted according to the current salary scale at the time of signing the discharge decision. The salary coefficient is adjusted according to Government Decree No. 25/CP dated May 23, 1993 and amended by Government Decrees No. 208/2004/NĐ-CP dated December 14, 2004 (increased by 10%) and No. 117/2005/NĐ-CP dated September 15, 2005 (increased by 10% or 8% depending on the salary coefficient).

Example:Comrade Nguyen Van A was conscripted in June 1965 and discharged in June 1975; his rank before discharge was Second Lieutenant. The discharge allowance is calculated as follows: The salary coefficient for Second Lieutenant according to Decree No. 25/CP is 3.2, adjusted by Decree No. 208/2004/NĐ-CP with a 10% increase, and further adjusted by Decree No. 117/2005/NĐ-CP with another 10% increase (for coefficients below 4.4).

(Minimum wage is 350,000 VND/month according to Decree No. 118/2005/NĐ-CP dated September 15, 2005 of the Government)

- Rank pay for Second Lieutenant: 350,000 VND x 3.2 x 1.1 x 1.1 = 1,355,200 VND

- Seniority allowance: 10% x 1,355,200 VND = 135,520 VND

Total monthly salary for calculation: 1,490,720 VND

- Allowance received: 10 years x 1.5 months x 1,490,720 VND = 22,360,800 VND

b. For non-commissioned officers and soldiers:

+ If there are fractional months, less than one month, no allowance;

+ From one to less than six months, allowance equal to one month's minimum wage;

+ Six months or more, allowance equal to two months' minimum wage;

Minimum wage as stipulated by the Government at the time of issuing the discharge decision.

Example: Comrade Nguyen Van B was conscripted in April 1971 and discharged in July 1976; his rank before discharge was Corporal. The discharge allowance at the time of October 2005 is as follows:

(Minimum wage is 350,000 VND/month according to Decree No. 118/2005/NĐ-CP dated September 15, 2005 of the Government)

- From April 1971 to April 1976 = 6 years of military service

- From May 1976 to July 1976 = 03 months

- Separation allowance 350,000 VND x 02 months x 06 years = 4,200,000 VND

- For odd months, the separation allowance is calculated at 01 month x 350,000 VND = 350,000 VND

- The total separation allowance that Comrade B is entitled to receive is: 4,200,000 VND + 350,000 VND = 4,550,000 VND

2.2. Vocational training allowance:

Military personnel upon discharge are entitled to vocational training allowance (or retraining, or job placement support), the amount of which equals three months of the minimum wage (at the rate of 350,000 VND).

III. RECORDS AND REVIEW PROCEDURES

1. Records for entitlement review:

- Application form of the applicant (Form No. 01) detailing their service in the military accompanied by relevant documents (if any), confirmed by local authorities (specifying the period of military service and since returning to the locality);

- Minutes of the Village, Ward, Town Council on policy matters including representatives from the Party Committee, People's Committee, Vietnam Fatherland Front, Veterans' Association, Public Security, Militia, Social Welfare, and Health (Form No. 02);

- Confirmation of the Military Command, District (County, City) regarding the period of military service (Form No. 03);

- Medical certificate (Form No. 7 - BB1); Personal record (Form No. 7 - BB5) signed by the Provincial Military Command;

- Minutes of medical examination by the authorized Medical Examination Board (Form No. 7 - BB2);

Based on the conclusion of the Medical Examination Board, if the conditions for issuing a disabled veteran certificate are met, the competent authority of the Military Region will complete the procedures to settle benefits including:

- Decision to issue the disabled veteran certificate and allowance (Form No. 7 - BB3) signed by the Commander of the Military Region;

- Disabled veteran allowance form (Form No. 7 - BB4); Extract of the disabled veteran file (Form No. 7 - BB6) signed by the Political Department of the Military Region;

- Disabled veteran certificate signed by the Commander of the Military Region;

- Introduction letter for file transfer with confirmation of the allowance level and date of commencement of allowance (Form No. 7 - BB9);

- Other related documents (if any);

- List of disabled veterans (Form No. 04).

Those who have been assessed as having a disability due to illness below 61% are entitled to the benefits of discharged military personnel; the records are prepared as before the assessment and include the discharge decision signed by the Commander of the Military Region.

2. Review process:

- The People's Committee of the commune, town, ward (referred to as the commune level) receives the application of the applicant and related documents (if any), reviews the records, compiles a list, and reports to the Military Command of the district.

- The Military Command of the city, district, county (referred to as the district level) receives the records proposed by the People's Committee of the commune, coordinates with the Civil Affairs Office, Labor and Social Services, Social Insurance, checks, and reviews; if the conditions are met, it transfers the records to the Provincial Military Command.

- The Provincial Military Command coordinates with the Department of Labor, War Invalids and Social Affairs, and Social Insurance to review the final records of the applicant; if the conditions for issuing a disability certificate are met, it forwards the records to the Military Region for referral to the authorized Medical Examination Board for examination according to the regulations of the Ministry of Defense.

- After receiving the conclusion of the Medical Examination Board, if the conditions for recognizing a disabled veteran are met, the Commander of the Military Region signs the decision to issue the disabled veteran certificate and refers it to the Department of Labor, War Invalids and Social Affairs of the local province where the applicant resides for payment of allowances. If the conditions for receiving disabled veteran benefits are not met, the Commander of the Military Region signs the discharge decision and forwards it to the Provincial Military Command (city) where the applicant resides to instruct the Military Command of the district (town) to pay the allowance.

- The Department of Labor, War Invalids and Social Affairs of the province, city receives the records referred by the Military Region, registers management, resolves benefits for disabled veterans according to current regulations, and simultaneously transfers the extract of the disabled veteran file to the Ministry of Labor, War Invalids and Social Affairs for storage.

IV. RESPONSIBILITIES OF THE APPLICANT, UNITS, AND LOCAL AUTHORITIES AT ALL LEVELS

1. Responsibilities of the applicant:

Submitting an application; applicants who cannot write may ask someone else to fill out the application, sign or affix a thumbprint themselves, the person filling out the application must sign and clearly state their full name, and attach any related documents (if any).

2. For the People's Committee of the commune, ward:

- Directing the implementation of extensive propaganda and dissemination among residents about the applicant, conditions, benefits, and organizing open, democratic, thorough, and accurate review processes.

- Establishing a Policy Council including representatives from the Party Committee; People's Committee, Vietnam Fatherland Front; Veterans' Association; Military Affairs Board, Public Security Board; War Invalids and Social Welfare Board, and Health of the commune, ward. The Chairman (or Vice-Chairman) of the People's Committee serves as the Chairman of the Council, the Military Commander serves as the permanent member, receiving applications and related documents from the applicant, transferring them to the village head for organization of meetings at the grassroots level.

- Compiling lists and records of applicants reported by villages, organizing a meeting of the commune Policy Council for review.

- Posting the list of reviewed applicants at the People's Committee office and announcing the list of reviewed applicants through local mass media to solicit public opinion; if there are no objections or complaints within 15 days, the People's Committee compiles and transfers the records to the Military Command of the district.

- For cases with objections or complaints, the People's Committee directs verification and investigation, reviewing and responding to the applicant if they do not meet the conditions.

3. For the People's Committee of the district, town:

- Directing the People's Committee of the commune and relevant agencies to widely disseminate information among the residents.

- Directing the Military Command, Civil Affairs Office, Labor and Social Services, Social Insurance of the district to review and cross-check the records of those currently receiving benefits, excluding duplicate claims and incorrect issuance.

- Directing the Military Command of the district to verify, compile, and report a list to the Provincial Military Command, while supervising and inspecting the implementation of allowance payments for beneficiaries in the locality.

- Leading the resolution of any issues, complaints, and accusations arising in the locality.

4. For the People's Committee of the province, city:

- Directing mass media organizations to disseminate and publicize the contents of the Circular guiding down to the grassroots level.

- Direct the Provincial Military Command to take the lead in coordinating with the Department of Labor, Invalids, and Social Affairs, and the Social Insurance to review, examine the files, compile reports to the Military Region for appraisal according to the regulations of the Ministry of National Defense, while inspecting the implementation of benefit payments after the decision is made.

- Direct the Department of Labor, Invalids, and Social Affairs to accept files introduced by the Military Region, register management, resolve benefits for war invalids according to current regulations, and at the same time transfer the Extract of the War Invalids' file to the Ministry of Labor, Invalids, and Social Affairs for storage.

- Take the lead in resolving local difficulties, complaints, and issues arising.

5. For local military agencies at all levels:

a. The County People's Militia Headquarters

- Take the lead and coordinate with relevant agencies to assist the County People's Committee in disseminating, implementing, and organizing the execution at all levels. Guide and monitor the review of files at the commune level. Accept files proposed by the Commune People's Committee, compile lists, and coordinate with the Civil Service and Social Affairs Department, and Social Insurance to verify subjects.

- Confirm the service time of the subject in the military, review, examine the files; compile and report the list to the Provincial People's Militia Headquarters.

- Coordinate with the Association of Veterans and related agencies to verify cases of difficulty at the local level.

- Pay discharge allowances to the subject according to regulations, settle accounts.

- Maintain a list of subjects entitled to benefits under local management and propose measures to resolve related difficulties.

b. The Provincial People's Militia Headquarters

- Take the lead and coordinate with relevant agencies to assist the Provincial People's Committee in disseminating, implementing, and organizing the execution at all levels. Direct the review of files at the county level.

- Accept files proposed by the County People's Militia Headquarters transferred, coordinate with the Department of Labor, Invalids, and Social Affairs, and Provincial Social Insurance to verify subjects if they meet the conditions for transferring medical certificates for examination and introduction to the Military Region.

- Transfer War Invalids' files to the Department of Labor, Invalids, and Social Affairs of the province (city) to implement policies.

- Direct the payment of discharge allowances to the subject according to regulations, settle accounts.

- Coordinate with the Association of Veterans and related agencies to check and verify cases of difficulty at the local level.

- Maintain a list of subjects entitled to benefits under local management and propose measures to resolve related difficulties on the territory.

6. For the Military Region:

- Direct and guide subordinate local military agencies to implement Decision No. 92/2005/QĐ-TTg dated April 29, 2005, of the Government and Circulars.

- Accept files transferred from the Provincial People's Militia Headquarters, examine and introduce them to the Medical Appraisal Board according to regulations; after receiving the conclusion from the Medical Appraisal Board, if the conditions for recognizing War Invalids are met, the Commander of the Military Region signs the Decision to issue the War Invalids Certificate, complete the file procedures, and introduce it to the Department of Labor, Invalids, and Social Affairs where the subject resides to implement the policy.

- Sign the discharge decision for subjects who do not meet the conditions for War Invalids benefits, transfer them to the Provincial People's Militia Headquarters (city) to pay discharge allowances according to regulations.

V. IMPLEMENTATION

1. The Ministry of National Defense directs the establishment of procedures and files to resolve War Invalids benefits and discharge allowances, and annually prepare budget estimates, implement payments, and settle discharge allowance accounts according to current regulations and resolve all complaints and difficulties regarding the recognition of War Invalids and the resolution of discharge benefits. Investigation, verification, and medical appraisal costs are allocated in the annual defense expenditure budget.

2. The Ministry of Labor, Invalids, and Social Affairs directs the Departments of Labor, Invalids, and Social Affairs of provinces (cities) to accept, store, manage files, and resolve benefits for War Invalids and ensure funding for allowance payments.

3. The Ministry of Finance coordinates with the Ministry of National Defense in the preparation and organization of the implementation of the budget estimate to make payments according to the State Budget Law and current guiding documents.

4. Those who falsely declare, alter, or forge files will be dealt with or criminally prosecuted depending on the nature and severity of the violation, and must compensate for losses (if any) according to the law.

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

During the implementation process, any difficulties should be reported to the Ministry of National Defense, the Ministry of Labor, Invalids, and Social Affairs, and the Ministry of Finance for consideration and resolution./.