JOINT CIRCULAR No. 190/2005/TTLT-BQP-BLDTBXH-BTC GUIDING THE IMPLEMENTATION OF DECISION No. 92/2005/QD-TTg dated April 29, 2005 of the Prime Minister on the implementation of the regime for ethnic minority military personnel belonging to Military Zones 7 and 9 who participated in the resistance war against the United States and returned to their home regions 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 Benefits for Ethnic Minority Military Personnel from Military Zones 7 and 9 Who Participated in the Anti-American Resistance War and Returned to Their Home Provinces Before January 10, 1982

Pursuant to Decision No. 92/2005/QĐ-TTg dated April 29, 2005 of the Prime Minister on the Implementation of Benefits for Ethnic Minority Military Personnel from the Provinces within 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. Objectives and Conditions for Application:

a. Objectives and Conditions for Receiving Disability Allowance:

- Military personnel who are ethnic minorities from provinces within Military Zones 7 and 9, enlisted before April 30, 1975, participated in the anti-American resistance war, 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, benefits equivalent to those for disabled persons, discharge allowances, separation allowances, allowances for chemical agent victims, or disability due to illness at 61% or higher caused by one of the following circumstances:

+ Engaged in combat zones;

+ Engaged in areas with extremely difficult and harsh conditions for three years or more;

+ Engaged in areas with extremely difficult and harsh conditions for less than three years but served in the People's Army for over ten years;

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

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

- Engaged in combat zones in the South, Laos, and Cambodia before April 30, 1975;

The above subjects, due to special family circumstances, customs and traditions, health conditions, returned to their home provinces without discharge orders, separation decisions, or certificates from units.

b. Objectives and Conditions for Receiving Discharge Allowances:

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

2. Subjects Not Eligible for Application:

- Military personnel who have been settled and 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 provinces, 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 returning to their home provinces for some time, again re-enlisted or left civil service positions in state agencies and have already received one-time social insurance benefits;

- Ethnic minority military personnel from the North who moved to the South to live after April 30, 1975;

- Ethnic minority military personnel who went to the North for settlement under the Geneva Agreement (1954) and returned to the South before April 30, 1975 but did not serve in the military.

II. BENEFIT REGIME AND AMOUNTS

1. Disability Allowance Regime

Subjects meeting the conditions stipulated in Point a, Clause 1, Section I of this Circular shall receive disability allowances 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. Disability allowances shall be received from the date the Commander of the Military Zone signs the decision granting the disability certificate.

2. Discharge Regime:

Subjects specified in Point b, Clause 1, Section I of this Circular shall receive discharge allowances 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 upon discharge:

2.1. Discharge Allowance:

a. For officers and professional military personnel:

If there are fractional months, then:

+ Less than one month, no allowance;

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

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

- 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 calculated according to the provisions of Decree No. 25/CP dated May 23, 1993 and adjusted according to the provisions of Decree No. 208/2004/NĐ-CP dated December 14, 2004 (increase by 10%) and Decree No. 117/2005/NĐ-CP dated September 15, 2005 (increase by 10% or 8% depending on the salary coefficient) of the Government.

Example: Comrade Nguyen Van A was enlisted in June 1965 and discharged in June 1975; his rank before discharge was Second Lieutenant. The discharge allowance is calculated as follows: According to Decree No. 25/CP, the salary coefficient for Second Lieutenant is 3.2, adjusted according to Decree No. 208/2004/NĐ-CP by increasing by 10%, and further adjusted according to Decree No. 117/2005/NĐ-CP by increasing by 10% (salary coefficient 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 of discharge allowance: 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 of minimum wage;

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

Minimum wage according to the regulations of the Government at the time of issuing the discharge decision.

Example: Comrade Nguyen Van B joined the military in April 1971 and was discharged in July 1976; his rank before discharge was Corporal. The discharge allowance at the time point 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 active service

- From May 1976 to July 1976 = 03 months

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

- Fractional month is calculated as 01 month x 350,000 VND = 350,000 VND

- Total discharge allowance that Comrade B receives 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 support), the amount of which equals three months of the minimum wage (350,000 VND).

III. FILES AND REVIEW PROCEDURES

1. Files for review:

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

- Minutes of the Village, Ward, Town Policy Council including representatives from the Party Committee, People's Committee, Fatherland Front, Veterans' Association, Public Security, Militia, Social Welfare, and Health (Form No. 2);

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

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

- Medical examination report of the authorized medical board (Form No. 7-BB2);

Based on the conclusion of the medical board, if eligible for a disability certificate, the competent authority of the Military Region completes the procedures to settle benefits including:

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

- Disability allowance payment form (Form No. 7-BB4); Extract of the disability file (Form No. 7-BB6) signed by the Political Department of the Military Region;

- Disability certificate signed by the Commander of the Military Region;

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

- Other related documents (if any);

- List of disabled veterans (Form No. 4).

Subjects who have been assessed as having a work capacity loss due to illness below 61% are entitled to the benefits of discharged military personnel; the files 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 subject and related documents (if any), reviews the file, 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 file proposed by the People's Committee of the commune, coordinates with the Civil Affairs Office - Labor - Social Services, Social Insurance, checks, and reviews; if eligible, it transfers to the Provincial Military Command.

- The Provincial Military Command coordinates with the Department of Labor - War Invalids and Social Affairs, Social Insurance Province to review the subject's file for the last time; if eligible for a disability certificate, it transfers to the Military Region for review and referral to the authorized medical board for examination according to the Ministry of Defense regulations.

- After receiving the conclusion of the medical board, if eligible for recognition as a disabled veteran, the Commander of the Military Region signs the decision to issue the disability certificate and refers to the Department of Labor - War Invalids and Social Affairs of the locality where the subject resides to pay the allowance. If not eligible for the disabled veteran benefit, the Commander of the Military Region signs the discharge decision and transfers to the Provincial Military Command (city) where the subject 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 file referred by the Military Region, registers management, resolves the rights of 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 SUBJECTS, UNITS, AND LOCAL AUTHORITIES

1. Responsibilities of the subjects:

Submitting applications; illiterate subjects may have others fill out the application, sign or affix fingerprints themselves, and the person filling out the application must sign and clearly write their name while attaching relevant 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 subjects, conditions, benefits, and organizing open, democratic, thorough, and accurate review processes.

- Establishing a Policy Council including representatives from the Party Committee; People's Committee, Fatherland Front; Veterans' Association; Military Command, Public Security; Social Welfare, and Health of the commune, ward. The Chairman (or Vice-Chairman) of the People's Committee serves as the Chairperson of the Council, the Military Commander serves as the permanent member, receiving the application and related documents of the subject, transferring them to the Village Head to organize meetings for examination at the grassroots level.

- Compiling lists and files of subjects reported by villages, organizing meetings of the Commune Policy Council for review.

- Posting the list of reviewed subjects at the People's Committee office and announcing the list of reviewed subjects through local mass media to solicit public opinions; if there are no objections or complaints within 15 days, the People's Committee will compile and transfer the file to the Military Command of the district.

- For cases with objections or complaints, the People's Committee will direct investigations, verifications, and examinations; if not eligible, they will explain clearly to the subjects.

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

- Directing the People's Committee of the commune and functional agencies to widely disseminate among residents in the locality.

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

- Directing the Military Command of the district to assess, compile, and report lists to the Provincial Military Command, while supervising and inspecting the implementation of allowance payments for subjects based on decisions made locally.

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

4. For provincial and municipal People's Committees:

- Direct mass media agencies to disseminate and publicize the contents of the Joint Circular to the grassroots level.

- Direct the Provincial Military Command to chair and coordinate with the Department of Labor, Invalids and Social Affairs and the Social Insurance to review, examine files, compile reports to the military region for appraisal according to regulations of the Ministry of National Defense, while inspecting the implementation of benefit payments after decisions are made.

- Direct the Department of Labor, Invalids and Social Affairs to accept files introduced by the military region, register management, and resolve benefits for disabled veterans according to current regulations, and simultaneously transfer the Extract of the Disabled Veteran File to the Ministry of Labor, Invalids and Social Affairs for storage.

- Chair the resolution of local difficulties, complaints, and issues arising.

5. For local military authorities at all levels:

a. County and City Military Command Boards

- Chair and coordinate with functional agencies to assist the County People's Committee in disseminating and implementing at all levels. Guide and monitor file reviews at the commune level. Accept files proposed by the Commune People's Committee, compile lists, and coordinate with the Civil Service and Social Welfare Department and Social Insurance to verify beneficiaries.

- Confirm the service time of individuals in the military, review and examine files; compile lists and report to the Provincial Military Command.

- Coordinate with the Association of War Veterans and related agencies to verify difficult cases locally.

- Pay discharge benefits to beneficiaries and settle accounts according to regulations.

- Maintain lists of beneficiaries under local management and propose measures to resolve related difficulties.

b. Provincial and Municipal Military Commands

- Chair and coordinate with functional agencies to assist the Provincial People's Committee in disseminating and implementing at all levels. Direct file reviews at the county level.

- Accept files proposed by the County Military Command Board, coordinate with the Provincial Department of Labor, Invalids and Social Affairs and Social Insurance to verify beneficiaries if they meet conditions for medical certification, and transfer them to the military region for appraisal and introduction for examination.

- Transfer disabled veteran files to the Provincial Department of Labor, Invalids and Social Affairs for implementation of benefits.

- Direct payment of discharge benefits to beneficiaries and settle accounts according to regulations.

- Coordinate with the Association of War Veterans and related agencies to inspect and verify difficult cases locally.

- Maintain lists of beneficiaries under local management and propose measures to resolve related difficulties within the jurisdiction.

6. For military regions:

- Direct and guide local military authorities under their jurisdiction to implement Decision No. 92/2005/QĐ-TTg dated April 29, 2005 of the Prime Minister and the Joint Circular.

- Accept files transferred from the Provincial Military Command, appraise and introduce them to the Medical Examination Council according to regulations; after receiving conclusions from the Medical Examination Council, if conditions are met to confirm disabled veteran status, the Military Region Commander signs the Decision to issue the Disabled Veteran Certificate, complete the file procedures, and introduce it to the Department of Labor, Invalids and Social Affairs where the individual resides for policy implementation.

- Sign discharge decisions for individuals not meeting conditions for disabled veteran benefits, transferring them back to the Provincial Military Command (city) for benefit payments according to regulations.

V. IMPLEMENTATION

1. The Ministry of National Defense directs the establishment of procedures and files for resolving disabled veteran benefits and discharge benefits, and annually prepares budgets, implements payments, and settles discharge benefits according to current regulations and resolves all complaints and difficulties regarding confirmation of disabled veteran status and discharge benefits. Investigation, verification, and examination costs for disabled veterans are allocated in the annual defense budget.

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

3. The Ministry of Finance coordinates with the Ministry of National Defense in preparing and organizing the implementation of budgets to pay benefits according to the State Budget Law and current guiding documents.

4. Individuals who falsely declare, alter, or forge files will be subject to handling or criminal responsibility追究刑事责任，并赔偿损失（如有）根据法律规定。

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

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