Joint Circular No. 191/2005/TTLT/BQP-BLDTBXH-BTC guiding the implementation of Decision No. 290/2005/QD-TTg dated November 8, 2005 on the regime and policies for certain subjects directly participating in the resistance war against America to save the country but have not yet enjoyed the policies of the Party and the State.

JOINT CIRCULAR

Guidelines for Implementing Decision No. 290/2005/QĐ-TTg dated November 8, 2005 for

on policies for certain individuals directly participating in the resistance war

against America to save the country but not yet benefiting from the Party's and State's policies

 

Pursuant to Decision No. 290/2005/QĐ-TTg dated November 8, 2005 of the Prime Minister regarding policies for certain individuals directly participating in the resistance war against America to save the country but not yet benefiting from the Party's and State's policies; after receiving unified opinions from relevant ministries and sectors: Ministry of Home Affairs, Ministry of Public Security, Central Organization Commission, Vietnam Veterans Association, and the Joint Ministry of National Defense - Labor - Social Affairs - Finance, the following guidelines are hereby issued for implementation:

 

Part I

SUBJECTS AND POLICIES

I. ONCE-OFF SUBSIDY REGIME FOR MILITARY PERSONNEL, PUBLIC SECURITY PERSONNEL, AND STATE EMPLOYEES DIRECTLY PARTICIPATING IN THE RESISTANCE WAR AGAINST AMERICA BUT NOT YET BENEFITING FROM POLICIES

1. Subjects and conditions.

1.1. Applicable subjects:

Military personnel, public security personnel, state officials, defense employees, and public security employees who directly participated in the resistance war against America to save the country in the B, C, and K battlefields during the period from July 20, 1954 to April 30, 1975, returned home before December 31, 1976, and have not yet benefited from any of the discharge, retirement, disability, or monthly pension benefits.

1.2. Non-applicable subjects:

a) Those who left their families afterward and continued to be detached, with the time spent in the resistance war already counted towards benefits.

b) Those who betrayed, surrendered to the enemy, deserted, or were disciplined and had their military or public security titles revoked.

As of the date when Decision No. 290/2005/QĐ-TTg dated November 8, 2005 of the Prime Minister comes into effect, those currently serving life imprisonment or convicted of offenses related to national security without having their criminal records expunged.The Prime Minister's Decision comes into effect for persons currently serving a life sentence or who have been convicted of any offenses related to national security that have not yet been expunged from their record.

c) Individuals who have illegally left the country and remain abroad.

d) Subjects who have passed away but have no surviving spouse, parents, adoptive parents, or children.

2. Benefits received.

2.1. Calculation of benefit duration:

a) The duration of benefits is based on actual working time, including service in the military, public security, and party-state administrative positions from July 20, 1954 to December 31, 1976.

b) In cases where individuals served in civilian defense forces that later developed into regular military or public security units, the time spent in civilian defense forces will also be included in the calculation of benefits.

c) If the actual working time was interrupted for legitimate reasons, it can be accumulated for benefit purposes.

d) Actual working time for benefit calculation, if there is a fractional month, six months or more will be counted as one year, less than six months will be counted as half a year (1/2 year).

2.2. Level of once-off subsidy benefit:

a) For those with a benefit duration of two years or less, the benefit level is 1,200,000 VND (one million two hundred thousand dong).

b) For those with a benefit duration exceeding two years, the benefit level is calculated using the following formula:

Benefit level = number of years x 600,000 VND

Example 1: Mr. APun resides in Kon Tum Province, enlisted in June 1968 with unit X, returned home on his own in November 1975, and has not yet benefited from the Party's and State's policies.

- The calculation of Mr. APun's time to receive the once-off subsidy is as follows: From June 1968 to November 1975 equals 7 years and 6 months (rounded up to 8 years).

- The level of Mr. APun's once-off subsidy benefit is:

8 years x 600,000 VND = 4,800,000 VND.

Example 2: Mrs. Nguyen Thi H, originally from Ben Tre Province, joined the revolution in August 1962 and worked in the revolutionary government of Ben Tre Province; in December 1968, she fell ill and was hospitalized, and after recovery, she returned home without continuing her work in the revolutionary government, and has not yet benefited from the Party's and State's policies.

- The calculation of Mrs. H's time to receive the once-off subsidy is as follows:

From August 1962 to December 1968 equals 6 years and 5 months (rounded up to 6.5 years).

The level of Mrs. H's once-off subsidy benefit is:

6.5 years x 600,000 VND = 3,900,000 VND.

II. ONCE-OFF REGIME FOR OFFICERS, SOLDIERS, PUBLIC SECURITY PERSONNEL, VOLUNTEERS, AND PARTY-STATE ADMINISTRATIVE STAFF WHO PARTICIPATED IN COMBAT AND ACTIVITIES IN THE B, C, AND K BATTLEFIELDS

1. Subjects and conditions.

1.1. Applicable subjects:

Officers, soldiers, and public security personnel who participated in combat and activities in the B, C, and K battlefields, subsequently becoming salary recipients, volunteers, and party-state administrative staff who operated in the B, C, and K battlefields before April 30, 1975, without immediate family members (spouse, parents, adoptive parents, children) to support them in the North to receive B, C, K allowances. Specifically:

a) Officers and soldiers of the People's Army and Public Security Forces (receiving living expenses) who, during combat, service, and work in the battlefield, became salary recipients before April 30, 1975, including:

- Those appointed to positions at or above deputy platoon leader;

- Those promoted to ranks of Lieutenant or above deputy platoon leader;

- Those transferred to become professional soldiers, officers, or lower-ranking public security officers, or state employees, defense employees, or party-state administrative staff in the South.

b) Volunteers who received salaries from the state budget sent to the B, C, and K battlefields, or who received living expenses while in the battlefield and then became salary recipients in the battlefield before April 30, 1975.

c) Party-state administrative staff in the South who escaped to operate in the B, C, and K battlefields from July 1954 to April 30, 1975, managed by Party and revolutionary government organizations at the district level or higher.

1.2. Non-applicable subjects:

a) Persons who have enjoyed a one-time benefit regime pursuant to Decree No. 23/1999/NĐ-CP dated April 15, 1999 of the Government on the regime for military personnel, cadres who went to War Zones B, C, K during the period of fighting against America to save the country without dependents to directly support, cadres sent by the Party to stay in the South after the Geneva Agreement in 1954; persons who have enjoyed a one-time benefit regime pursuant to Decision No. 104/1999/QĐ-TTg dated April 14, 1999 of the Prime Minister on certain policies for volunteers who completed their tasks during the resistance war.

b) Non-commissioned officers, soldiers of the army and police, volunteers, civil officials working and fighting in War Zones B, C, K mentioned above but having main relatives (biological father, biological mother; wife or husband; biological child, legally adopted child) to directly support in the North.

c) Military personnel, police, volunteers operating in War Zones B, C, K but receiving living expenses.

d) Cases similar to those mentioned in points b, c, d of Item 1.2, Clause 1, Section I, Part I of this Circular.

2. Benefits received.

2.1. Calculation of benefit duration:

a) The time eligible for benefit is the actual time working and fighting under salary conditions at War Zones B, C, K from July 20, 1954 to April 30, 1975, specifically as follows:

- For military personnel and public security officers, the time counted for benefit is the time receiving salary up to April 30, 1975.

- For volunteers receiving salary, the time counted for benefit starts from the date they entered the battlefield or the time receiving salary for those receiving living expenses from April 30, 1975.

- For civil officials in the South, the time counted for benefit starts from the date they left their regular jobs to join the revolution within the period from July 1954 to April 30, 1975.

b) If a person has worked and fought in different battlefields or has worked in different fields or positions or has had interruptions, the time will be accumulated to calculate the benefit.

c) Those who were deployed to work in the North for study, treatment, recuperation for less than one year during their service in War Zones B, C, K and then returned to the battlefield shall still have that time counted for the one-time benefit.

If the time spent studying, working, treating, recuperating in the North is one year (12 months) or more, the time in the North will not be counted for the one-time benefit.

d) Actual working time counted for benefit, if there is a fractional month, shall be calculated according to point d of Item 2.1, Clause 2, Section I, Part I of this Circular.

2. 2. Level of one-time benefit:

a) For subjects with a calculation period of two years or less, the level of benefit is 1,000,000 VND (one million dong).

b) For subjects with a calculation period exceeding two years, the level of benefit is calculated according to the following formula:

Benefit level = number of years counted x 500,000 VND

Example 3: Mr. Huynh Van A is a non-commissioned officer (receiving living expenses), entered the battlefield in June 1964; in November 1968, Mr. A was decided to be a rank B deputy (receiving salary); in April 1974, Mr. A was sent to the North for recuperation, returned to War Zone B in October 1974 until April 30, 1975; he does not have relatives to directly support in the North.

- Calculation of Mr. A's time to enjoy the one-time benefit as follows:

From November 1968 to April 1975, equal to 6 years and 6 months (rounded to 7 years).

- Mr. A's level of one-time benefit is:

7 years x 500,000 VND = 3,500,000 VND.

Example 4: Ms. Cao Thi B is a cadre working at the County Party Committee of County R since November 1960, without relatives to directly support in the North; in March 1971, Ms. B was sent to the North for study and did not return to the battlefield.

- Calculation of Ms. B's time to enjoy the one-time benefit as follows:

From November 1960 to March 1971, equal to 10 years and 5 months (rounded to 10.5 years).

- Ms. B's level of one-time benefit is:

10.5 years x 500,000 VND = 5,250,000 VND.

Example 5: Ms. Vo Thi C is a person receiving salary, joined the volunteer force in May 1968. In November 1973, she was assigned to serve in the South until April 30, 1975; she does not have relatives to directly support in the North.

- Calculation of Ms. C's time to enjoy the one-time benefit as follows:

From November 1973 to April 1975, equal to 1 year and 6 months.

- Ms. C's level of one-time benefit is: 1,000,000 VND

III ONE-TIME SUBSIDY REGIME FOR CONCENTRATED PEOPLE'S MILITIA IN THE NORTH AND CONCENTRATED GUERRILLAS IN THE SOUTH (INCLUDING SECRET FORCES) WHO HAVE RETURNED TO THEIR FAMILIES

1. Subjects and conditions.

1.1. Applicable subjects:

a) People's militia in the North organized into units, regularly performing combat and support duties by district or provincial authorities or delegated to commune-level management but organized according to combat requirements of districts or provinces from August 1964 to January 1973.

b) Guerrillas in the South organized into units, regularly performing combat and support duties, work by party committees at commune or higher levels organizing and managing (including secret guerrillas) from July 1954 to April 1975.

c) Secret forces organized and tasked with operations by party, military, or police organizations with authority from July 1954 to April 1975 in War Zones B, C, K.

Subjects mentioned in points a, b, c above have not yet received a one-time subsidy linked to their service time.

1.2. Non-applicable subjects:

a) Concentrated people's militia in the North participating after January 27, 1973, concentrated guerrillas in the South participating after April 30, 1975.

b) Subjects mentioned in Item 1.1, Clause 1, Section III above continue working and later develop into military personnel, public security officers, civil servants, defense civil servants, public security civil servants, or civil officials and are currently working and participating in social insurance or enjoying monthly retirement benefits, disability benefits, or war invalidity benefits, or the time spent as militia or guerrillas (or secret activities) has already been counted for one-time social insurance benefits.

c) Militia and guerrillas not organized into units and not regularly performing combat and support duties.

d) Cases similar to those mentioned in points b, c, d of Item 1.2, Clause 1, Section I, Part I of this Circular.

2. Benefits received.

2.1. Calculation of benefit duration:

a) The time eligible for benefit is the total actual time serving as concentrated militia or guerrillas until returning to family.

b) The process of participating in the concentrated civil defense and militia if there is a break in time or participation in multiple sessions shall be accumulated to calculate the duration for enjoying the benefits.

c) Actual working time to enjoy the benefits, if there is a fractional month, shall be calculated according to the provisions at point d, section 2.1, clause 2, Part I, this Circular.

2. 1. Level of benefit for one-time allowance:

a) For those who have participated in concentrated civil defense and militia for up to two years, the level of benefit is 800,000 VND (eight hundred thousand dong).

b) For those who have participated in concentrated civil defense and militia for more than two years, the level of benefit shall be calculated according to the following formula:

Level of benefit = number of years eligible for benefit x 400,000 VND

Example 6: Ms. Nguyen Thi N is a member of the concentrated civil defense force, organized by the county T to perform combat and support tasks to protect target H during the period of resisting the war of destruction in the northern region as follows:

Session 1, from August 1964 to November 1965.

Session 2, from May 1968 to November 1968.

Session 3, from August 1972 to November 1973.

- Calculation of Ms. N's time to enjoy one-time benefits as follows:

Time of three sessions participating in the concentrated civil defense force is: 1 year 4 months + 7 months + 1 year 4 months = 3 years 3 months (rounded to 3.5 years).

- Level of benefit for one-time allowance for Ms. N: 3.5 years x 400,000 VND = 1,400,000 VND

Example 7: Mr. Luong Van Y is a member of the concentrated militia, managed by the Party Committee of the inter-district, performing combat and work tasks in the Nang region as follows:

First time, from January 1965 to March 1968.

Second time, from March 1974 to April 1975.

- Calculation of Mr. Y's time to enjoy one-time benefits as follows:

Time of two sessions participating in the concentrated militia is: 2 years 5 months + 1 year 2 months = 3 years 7 months (rounded to 4 years).

- Level of benefit for one-time allowance for Mr. Y:

4 years x 400,000 VND = 1,600,000 VND.

IV. HEALTH INSURANCE REGIME AND FUNERAL EXPENSES REGIME

1. Health insurance regime

1. 1. Subjects participating in the resistance against the United States to save the country before April 30, 2005, as stipulated in point d, clause 1, Article 1 of Decision No. 290/2005/QD-TTg dated November 8, 2005, including: military personnel, public security officers, cadres, civil servants, defense civil servants, police, party and civilian cadres, volunteer youth, concentrated civil defense and militia, persons who have retired due to loss of labor capacity but do not belong to the compulsory health insurance subjects prescribed in Decree No. 63/2005/NĐ-CP dated May 16, 2005 of the Government, shall be provided with health insurance by the State with a value equivalent to 3% of the minimum wage.

1. 2. The rights of persons entitled to the health insurance regime shall be implemented according to current regulations.

2. Funeral expenses regime

2. 1. Subjects participating in the resistance against the United States to save the country before April 30, 2005, as stipulated in point d, clause 1, Article 1 of Decision No. 290/2005/QD-TTg dated November 8, 2005, including: military personnel, public security officers, cadres, civil servants, defense civil servants, police, party and civilian cadres, volunteer youth, concentrated civil defense and militia, persons who have retired due to loss of labor capacity, when deceased, if they do not belong to the funeral expense entitlement subjects under current laws on social insurance and policies for persons with meritorious service, the person or organization arranging the funeral shall receive funeral expenses.

2. 2. The level of funeral expense allowance shall be implemented according to the subjects participating in compulsory social insurance as prescribed by the Government at the time of the subject's death.

2. 3. In cases where the subject dies from the date the Prime Minister's Decision No. 290/2005/QD-TTg takes effect until the date this Circular comes into effect, if they have not yet enjoyed the funeral expense regime, the person or organization arranging the funeral for the subject shall be entitled to the provisions of this Circular.2. 3. In cases where the subject dies from the date the Prime Minister's Decision No. 290/2005/QD-TTg takes effect until the date this Circular comes into effect, if they have not yet enjoyed the funeral expense regime, the person or organization arranging the funeral for the subject shall be entitled to the provisions of this Circular.

V. PROVISIONS ON THE SOURCE OF FUNDS TO IMPLEMENT THE POLICY ACCORDING TO DECISION NO. 290/2005/QD-TTG DATED NOVEMBER 8, 2005 OF THE PRIME MINISTER

1. Funds for one-time payments shall be guaranteed by the central budget;

2. Funds for health insurance and funeral expenses shall be guaranteed by local budgets. As 2006 falls within the period of stabilizing local budgets 2004-2006 and the state budget estimate for 2006 has not allocated funds for these expenditures, the central government will provide targeted supplementary funding to localities during implementation. From 2007 onwards, these expenditures will be included in the local budget expenditure plan.

3. Funding for the work of implementing one-time payments for subjects specified in Section II (B, C, K) shall be 3%, and one-time allowances for subjects specified in Sections I and III shall be 4% of the total funds for one-time payments for the subjects. Funding for the management and implementation of health insurance and funeral expenses shall be carried out according to current regulations on social insurance.

Part II

PROCEDURES FOR ENJOYING BENEFITS

1. Application dossier for one-time benefits (For subjects specified in Section I, Section II, Section III, Part I of this Circular).

1.1. Documents serving as grounds for review:

a) Original documents or documents considered as original:

- Party member's curriculum vitae (if applicable).

- Cadre's curriculum vitae, extract 63, military personnel's curriculum vitae (if available).

- Discharge, discharge from service, resignation dossier, disability pension dossier, or monthly social insurance payment dossier (applicable only to subjects specified in Section II, Part I of this Circular).

b) Related documents:

Documents that can prove the person was a military personnel, public security officer, volunteer youth, party and civilian cadre, civil defense and militia, state civil servant, defense civil servant, police, such as:

- Induction decision; recruitment, appointment, promotion, transfer, assignment orders...

- War resistance medals and other forms of commendation.

- Medical evacuation, hospitalization certificates...

- Meritorious person dossier, one-time social insurance payment dossier.

- Other related certification documents.

1.2. Review and verification dossier for subjects who have returned home to enjoy one-time allowances is defined as follows:

The dossier shall be established in two copies, each copy consisting of:

- Personal declaration form (1A, 2A, 3A) or relative declaration form (1B, 2B, 3B).

Relative declarations must be accompanied by a power of attorney from major relatives, confirmed by the local authority (ward/district) where the person granting the power resides (model 04).

- A certified copy of one of the original documents or related documents as stipulated in Clause 1.1, Section 1 of this Article, notarized by the State or authenticated by the People's Committee of the commune (ward) where the individual resides.

For the subjects specified in Section II, Part I of this Circular, in addition to the application form (Form 2A or 2B), there must be a copy of the service history with benefits confirmed by the file management agency (Form 2C) and a photocopy of the entire service history of the subject provided and confirmed by the file management agency.

- The minutes of the joint meeting of the village, hamlet, residential ward, or ấp confirming the subject (Form 05).

- The minutes of the confirmation by the Meeting of the Executive Board of the Veterans Association of the commune, ward (Form 06).

- The request letter from the People's Committee of the commune, ward (Form 7A).

- The request letter (Form 8A) accompanied by a list of subjects entitled to one-time benefits.

+ Subjects who have not yet received benefits or policies (Form 9A).

+ Subjects B, C, K (Form 9B).

+ Subjects of concentrated militia and guerrillas (Form 10A).

- Decision on one-time allowance (Form 10A).

1.3. The application dossier for one-time benefits for the subjects specified in Section II, Part I of this Circular, currently employed, shall consist of two sets as follows:

- Personal declaration form with certification by the agency or unit where the subject is currently working (Form 2A).

- Copy of the service history of the subject entitled to benefits with confirmation by the file management agency (Form 2C).

- Photocopy of the entire service history of the subject provided and confirmed by the file management agency.

- Request letter (Form 7A) attached with a list of subjects entitled to benefits from the agency or unit from the level managing the subjects to the level issuing the decision on benefits for the subjects (Form 9B).

- Decision on one-time benefits (Form 10A).

2. Application dossier for health insurance and funeral expenses benefits.

2.1. The application dossier for health insurance benefits shall consist of two sets as follows:

- Application form of the subject with confirmation by the local authority of the commune, ward where the subject resides.

- Copy of the list of subjects entitled to one-time benefits according to Decision No. 290/2005/QĐ-TTg dated November 8, 2005, or a copy of one of the decisions entitled to one-time allowances (discharge, retirement, resignation...); in case the subject does not have such one-time allowance decisions, a declaration detailing their participation in the anti-American resistance war and work, which has been reviewed and proposed by the Policy Council of the commune.

- Request letter from the People's Committee of the commune, ward where the subject resides (Form 7B).

- Request letter from the Chairman of the People's Committee of the district (city district) (Form 8B) accompanied by a list of subjects entitled to health insurance benefits (Form 9D).

- Comprehensive list of the Department of Labor, Invalids, and Social Affairs of the province, city (Form 9D).

- Decision of the Chairman of the Provincial People's Committee (city) on health insurance benefits (Form 10B).

2.2. The application dossier for funeral expenses benefits shall consist of two sets as follows:

- Application form of the relative of the subject with confirmation by the local authority of the commune, ward where the subject resides.

- Death certificate.

- Request letter from the People's Committee of the commune, ward where the subject resides (Form 7C).

- Copy of the list of subjects entitled to one-time benefits according to Decision No. 290/2005/QĐ-TTg dated November 8, 2005, or a copy of one of the decisions entitled to one-time allowances (discharge, retirement, resignation; one-time allowance) or a copy of the decision on health insurance benefits according to this Circular.

- Request letter from the Chairman of the People's Committee of the district (city district) (Form 8C), accompanied by a list of subjects entitled to funeral expenses benefits (Form 9E).

- Comprehensive list of the Department of Labor, Invalids, and Social Affairs of the province, city (Form 9E).

- Decision of the Chairman of the Provincial People's Committee (city) on funeral expenses benefits (Form 10C).

Part III

RESPONSIBILITIES AND PROCEDURES FOR IMPLEMENTATION

OF THE AUTHORITIES, UNITS, AND LOCALITIES

1. Responsibilities and procedures for implementation by individuals, agencies, units, and localities receiving applications, reviewing, and disbursing one-time benefits for subjects who have returned home.

1.1. Responsibilities of the subjects and relatives of the subjects:

a) Fill out the declaration form as prescribed.

b) Submit two sets of dossiers including: the declaration form and original documents or documents considered as original documents; related documents (if any) to the People's Committee of the commune, ward.

c) Ensure the truthfulness of the declaration forms and personal documents and bear legal responsibility when violating the law.

1.2. Responsibilities of the People's Committee of the commune, ward:

a) Organize propaganda and dissemination among the people and subjects about the content of policies; organize implementation ensuring democracy, transparency, strictness, accuracy, and correct targeting at the local level.

b) Establish the Commune (Ward) Policy Council chaired by the Chairman (or Vice-Chairman) of the People's Committee, with military affairs officers, police officers, labor, invalids, and social affairs officers as permanent members, and other members including representatives from the Party Committee, the United Front, the Veterans' Association, the Elderly Association, the Pensioners' Association; invite representatives of former cadres who were responsible for the party committee and military organs during the anti-American war period, representatives of the Concentrated Militia and Guerrilla Association, Youth Volunteers... to assist the People's Committee of the commune, ward in reviewing according to this Circular.

c) Receive applications from subjects requesting benefits. Conduct classification of dossiers of each type of subjects in villages into three groups: those with original documents; those with related documents; and those without any documents. Implement review in three steps:

- Step 1: Review for the group of subjects with original documents.

- Step 2: Review for the group of subjects with related documents.

- Step 3: Review for the group of subjects without any documents.

d) Direct the Village Head to organize collective meetings to examine, confirm, and propose one-time benefits for each group of subjects.

The composition of the joint meeting of the village includes:

- Village Head, Secretary of the Branch Party Committee.

- Representatives of the Branch Veterans' Association, Branch Elderly Association.

- Representatives of former branch-level Party Committee cadres, veteran cadres, and elderly persons active in the locality during the anti-American war period.

- Other participants (if deemed necessary).

When reviewing for the following group of subjects, each village invites representatives of subjects who have been reviewed and proposed for benefits in previous rounds to attend the meeting.

The commune level shall only organize the review for the subsequent group of subjects when the district level has announced the results of the review for the preceding group of subjects in the locality and invites representatives of those who have been reviewed from the preceding group to attend the meeting.

d) To compile the list and dossier of subjects reported by village chiefs; propose the Executive Committee of the Veterans Association to convene a meeting to examine and confirm the subjects (including those who are not native but have been residing stably in the locality and whose working period can be determined).

e) To organize a public policy council meeting to review the subjects reported by villages and the opinions given in writing by the Executive Committee of the Veterans Association (the military office, police, and social affairs department will compile the list within their assigned scope and report).

For subjects without original documents or documents considered as original documents, the Policy Council shall be responsible for verifying and investigating the working process and time of residence in the locality before drafting the confirmation document (Form No. 7A).

g) To post the list of subjects who have been reviewed (those entitled to benefits; the level of benefit for each individual,...) in villages and wards; at the commune People's Committee headquarters (or ward); and announce on local mass media to solicit public opinion.

h) After 15 days, if there are no objections or complaints from the public, the commune People's Committee shall compile and prepare a dossier to report to the district People's Committee (hereinafter referred to as the district):

- Through the Military Command of the district for subjects under the jurisdiction of the Ministry of National Defense, including: military personnel, defense civil servants, militia, guerrillas, and secret forces of the national defense;

- Through the Police Department of the district for subjects under the jurisdiction of the Ministry of Public Security, including: public security personnel, public security civil servants, and secret forces of the public security;

- Through the Civil Affairs - Labor - War Invalids and Social Affairs Office of the district for subjects under the jurisdiction of the Chairman of the Provincial People's Committee, including: cadres, civil servants, party and administrative cadres, and volunteer youth.

i) To organize confirmation according to the request of current residents in other localities to enjoy benefits (the review process and dossier implementation are the same as for subjects without original documents or considered as original documents in the locality). Within 45 days, transfer the reviewed dossier or respond to the subject's request.

k) To verify and compile reports on cases where the subjects are unclear, the time for benefit calculation is uncertain, or cases under the jurisdiction with ongoing complaints or accusations.

For secret forces, a separate list should be made clearly stating each case that has been identified and those that have not been identified, requesting verification and conclusion.

l) To monitor the receipt and public distribution of benefits to subjects; to announce the results through local media.

1.3 Responsibilities of the District People's Committee:

a) To direct communes, wards, and related functional agencies to disseminate and popularize the prescribed benefits for all subjects in the locality.

b) To establish a Steering Committee headed by the Chairman (or Vice-Chairman) of the District People's Committee, with the military office, police, and Civil Affairs - Labor - War Invalids and Social Affairs Office as permanent members, and other members including representatives from the Organizational Department of the District Party Committee, the Fatherland Front, the Social Insurance Agency, Finance, the Veterans Association, and the Elderly Association; invite representatives of former cadres and heads of military units who worked in the locality during the anti-American war.

Each district may establish an advisory team with the participation of the Concentrated Militia and Guerrilla Contact Association, Volunteer Youth, and individuals who worked in the locality at the same time to assist the Steering Committee in deciding policies, plans, and implementation measures.

c) To organize training for district and ward functional agencies and leaders of grassroots authorities, specialized staff in communes and wards, and some representatives participating in local policy councils on the content of benefits, methods, and procedures for implementation.

d) To direct specialized sectors to review, compile, and report according to regulations:

- The Military Command of the district shall cooperate with relevant agencies to organize reviews, appraisals, compilations, and reports to the Provincial People's Committee (through the Provincial Military Command) for subjects under the jurisdiction of the Ministry of National Defense.

- The Police Department of the district shall cooperate with relevant agencies to organize reviews, appraisals, compilations, and reports to the Provincial People's Committee (through the Provincial Police Department) for subjects under the jurisdiction of the Ministry of Public Security.

- The Civil Affairs - Labor - War Invalids and Social Affairs Office of the district shall cooperate with relevant agencies to organize reviews, appraisals (retaining one set of files for each subject), compilations, and reports to the Provincial People's Committee (through the Provincial Department of Labor, War Invalids, and Social Affairs) for subjects under the jurisdiction of the Chairman of the Provincial People's Committee.

For secret forces and subjects who participated in combat in the B, C, K battlefields, returned home without enjoying benefits, and are not ethnic minorities originating from Vinh Linh District, Quang Tri Province or further north, the competent agency shall conduct verifications, investigations, and conclusions for each specific case before reviewing and compiling within the scope and jurisdiction as stipulated in point d above.

d) To direct timely, transparent, strict, and accurate payment of benefits to subjects.

e) To inspect implementation in the locality and take the lead in resolving any issues or problems arising at the grassroots level.

1.4 Responsibilities of the Provincial People's Committee (City People's Committee) directly under the Central Government:

a) To direct localities and related functional agencies to disseminate, organize implementation, and inspect compliance with the prescribed benefits for all subjects in the locality.

b) Establish a Steering Committee headed by the Chairman (or Vice-Chairman) of the Provincial People's Committee (city), with the military office, police, Labor - Invalids and Social Affairs serving as permanent members, and other members including representatives from the Provincial Party Organization Board, Civil Service, United Front, Social Insurance Office, Finance, Veterans Association, Elderly People's Association; invite representatives of former cadres who were party members, government officials, and military commanders during the period of fighting against the Americans to save the country.

Each locality may establish a support unit with the participation of the Militia and Self-Defense Force Concentration Association, Volunteer Youth, and those who worked at the same time in the locality to assist the Steering Committee in deciding policies, plans, and implementation measures.

c) Direct and host training sessions for relevant functional departments and leaders of local authorities and functional agencies of districts (urban areas).

d) Direct functional sectors to review, compile, and report according to regulations:

- The provincial military command (city) shall coordinate with relevant agencies to organize reviews (retain one set of files for each subject), compile lists of subjects eligible for benefits and budget payments, and report to the Military Region Command (through the Political Department) for subjects within the jurisdiction of the Ministry of Defense.

- The provincial police force (city) shall coordinate with relevant agencies to organize reviews and appraisals (retain one set of files for each subject), compile lists of subjects eligible for benefits and budget payments, and report to the Ministry of Public Security (through the Construction Force General Department) for subjects within the jurisdiction of the Ministry of Public Security.

- The provincial Department of Labor - Invalids and Social Affairs (city) shall coordinate with relevant agencies to organize reviews and appraisals (retain one set of files for each subject), compile lists, and report to the Provincial People's Committee (city).

đ) Issue decisions on one-time benefits for subjects who are cadres, civil servants, party members, volunteer youth, within the jurisdiction and scope of resolution.

e) Compile lists and budgets to request the Ministry of Finance to ensure funding, direct benefit payments to subjects, and settle financial accounts according to current regulations.

g) Host the resolution of issues and developments at the local level.

1.5. Responsibilities of the Military Zone Command:

a) Lead and direct related agencies and units to publicize and implement the regulations for subjects in the military zone area.

b) Establish a Steering Committee headed by a Deputy Commander of the Military Zone, with the Political Department Head serving as the Permanent Deputy Chair, and members including the Policy Office, Finance Office, Cadre Office, Military Forces Office, Militia Self-Defense Office, Ideology-Culture Office, Office, and related agencies.

c) Organize training for leaders and specialized staff of subordinate agencies and units on regulations and policies, and plans and methods for implementation within the military zone area.

d) Direct functional agencies to organize reviews, compile lists, and report to the Ministry (through the Policy Bureau) for verification and compilation.

đ) Issue decisions on benefits; report to the Ministry: Decisions accompanied by lists (through the Policy Bureau and the Finance Bureau) for compilation and request the Ministry of Finance to ensure funding.

e) Direct benefit payments to subjects within the scope of responsibility and settle financial accounts according to current regulations.

g) Retain files of subjects within the jurisdiction of resolution.

h) Host inspections and resolve issues arising in agencies and units under military zone management.

2. Responsibilities and procedures for individuals, agencies, and units receiving applications, reviewing, and paying one-time benefits for subjects currently working as stipulated in Section II, Part I of this Circular.

2.1. Responsibilities of the subjects:

a) Fill out an application form, certified by the agency or unit where they are currently working according to the prescribed model.

b) Submit the application form and copies of relevant records, biographies; photocopies of work history provided and confirmed by the record-keeping agency for the agencies tasked with reviewing and compiling.

c) Ensure the truthfulness of the declaration forms and personal documents and bear legal responsibility when violating the law.

2.2. Responsibilities of Ministries, sectors, and localities:

Based on the actual situation of beneficiaries, direct and guide functional agencies according to the分级管理干部权限，建立档案，进行审核，并同时作出决定享受一次性待遇。责任程序和组织实施按照通 tư số 17/1999/TTLT-BLĐTBXH-BTC-BTCCBCP ngày 21/07/1999的规定和第2款，第三部分的指示执行，以指导实施政府第23/1999/NĐ-CP号决议。

Part IV

IMPLEMENTATION

1. Ministry of National Defense:

- Lead and coordinate with relevant ministries and sectors to guide implementation nationwide.

- Direct subordinate agencies and units to cooperate with all levels of government to implement, direct reviews, organize appraisals, guide payments, and inspect the implementation of one-time benefits for military personnel, defense civil servants, militia, concentrated self-defense forces (including secret self-defense forces), and secret forces within their jurisdiction, and settle financial accounts according to current regulations.

2. The Ministry of Public Security:

Direct and guide public security agencies to cooperate with all levels of government to implement, direct reviews, issue decisions on one-time benefits for public security officers, public security civil servants, and secret forces managed by the Ministry of Public Security, and settle financial accounts according to current regulations.

3. Ministry of Labor, Invalids, and Social Affairs.

Direct the labor, invalids, and social affairs system to cooperate with local sectoral bodies and mass organizations to review, compile, and submit to the Chairman of the Provincial People's Committee (city) for issuing decisions on one-time benefits, health insurance, funeral expenses, and material and spiritual support for subjects as stipulated.

4. The Ministry of Finance:

Based on the results of the review of benefits for subjects by various ministries, commissions, sectors, provinces (cities), it is responsible for ensuring funds to pay one-time benefits, health insurance, funeral expenses, and settling accounts according to current regulations.

5. Central Vietnam Veterans Association:

Direct the Veterans' Association at all levels to coordinate with local agencies and organizations to review and identify eligible individuals, participate in the examination and confirmation of those entitled to benefits and policies as stipulated in this Circular.

6. Provincial People's Committees (directly under the Central Government):

In addition to leading, directing, and organizing the implementation of the one-time allowance for eligible individuals as prescribed in Part III of this Circular, the Provincial People's Committee has the responsibility to:

6.1. Direct the Department of Labor, Invalids, and Social Affairs to guide districts (urban districts) in examining, compiling, and preparing lists of individuals entitled to health insurance benefits and funeral expenses within their jurisdiction, to be submitted to the Chairman of the Provincial People's Committee for decisions on implementing benefits for individuals under their management as stipulated in this Circular.

6.2. Direct local departments and sectors to review and consider providing material and spiritual support to those who participated in the resistance against the United States with particularly difficult circumstances.

7. Individuals who engage in false declarations or tampering with, forging documents shall be subject to disciplinary action or criminal prosecution, and must compensate for any damages (if any) according to the provisions of the law.

8. This Circular takes effect fifteen days from the date of publication in the Official Gazette.

Any difficulties encountered during implementation should be reported to the Joint Ministry for consideration and resolution.