Circular No. 202/2013/TT-BQP guides the procedures and formalities for confirming honors and implementing preferential policies for those who have contributed to the revolution under the responsibility of the Ministry of National Defense.

CIRCULAR

Guidelines on the procedures and formalities for confirmation; organization of implementation of preferential policies for persons who have rendered meritorious service to the revolution under the responsibility of the Ministry of National Defense

The guidelines on the procedures and formalities for confirmation; organization of implementation of preferential policies for persons who have rendered meritorious service to the revolution under the responsibility of the Ministry of National Defense

Pursuant to the Law on Legislative Regulatory Acts of 2008;

Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Pursuant to Decree No. 31/2013/NĐ-CP dated April 9, 2013 of the Government detailing and guiding the implementation of certain provisions of the Ordinance on Preferential Treatment for Those Who Have Contributed to the Revolution.

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

The Minister of National Defense issues guidelines on the procedures and formalities for confirmation; organization of implementation of preferential policies for persons who have rendered meritorious service to the revolution under the responsibility of the Ministry of National Defense, as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These Circulars provide guidelines on the procedures and formalities for confirmation; organization of implementation of preferential policies for persons who have rendered meritorious service to the revolution under the responsibility of the Ministry of National Defense.

Article 2. Applicability

1. Relevant agencies, units, and individuals involved in the work of confirmation; organization of implementation of preferential policies for persons who have rendered meritorious service to the revolution under the responsibility of the Ministry of National Defense.

2. Military personnel; defense civil servants; individuals engaged in confidential work receiving salaries equivalent to military personnel, public security officers; students in confidential work; other individuals working in confidential organizations (hereinafter referred to collectively as individuals engaged in confidential work) currently employed or transferred out of the Military.

Article 3. Principles, authority for confirmation

1. The confirmation and organization of implementation of preferential policies for persons who have rendered meritorious service to the revolution as stipulated in these Circulars shall be carried out according to the conditions specified in Decree No. 31/2013/NĐ-CP dated April 9, 2013 of the Government detailing and guiding the implementation of certain provisions of the Ordinance on Preferential Policies for Persons Who Have Rendered Meritorious Service to the Revolution (hereinafter referred to as Decree No. 31/2013/NĐ-CP).

2. Confirmation files, preferential policy benefit files for persons who have rendered meritorious service to the revolution under the responsibility of the Ministry of National Defense shall be uniformly implemented. Heads of agencies and units are responsible for signing and stamping documents as prescribed (no writing with two different ink colors, no erasing, no using photocopies, no backdating signatures or using proxy signatures or stamps).

3. Authority for confirmation of files

a) The Commandant of the Hanoi Capital Military Command and the Commandant of the Ho Chi Minh City Military Command shall implement as the Provincial Military Command (hereinafter referred to as Provincial Military Command);

b) Heads of agencies and units directly managing subjects at the regiment level and above shall issue decisions or confirmation letters for training, exercise duties; international duty; duties in areas with particularly difficult socio-economic conditions; search and recovery of烈士的遗体；伤残证明书；病故证明书；对于仍在军队服役的管理对象。

c) The Provincial Military Command shall implement according to the authority prescribed in Point b Clause 3 of this Article; sign injury certificates, illness certificates for those who have been transferred out of the Military; death certificates for cases that died before December 31, 1994;

d) The Director of the Political Department or the Head of the agency or unit directly subordinate to the Ministry of National Defense (where there is no Political Department) shall sign a letter requesting confirmation of preferential policies for persons who have rendered meritorious service to the revolution for management objects;

đ) The Commander or the Political Commissar of the Military Region shall issue decisions to grant certificates of war invalidity, persons enjoying benefits similar to war invalidity and monthly allowances; decisions on one-time disability allowances; certificates of war invalidity, certificates of persons enjoying benefits similar to war invalidity; decisions to grant certificates of war veteran and allowances; certificates of war veteran for management objects and those who have been transferred out of the Military within the Military Region's jurisdiction;

e) The Director of the Policy Department/General Political Department shall issue decisions to grant certificates of war invalidity or persons enjoying benefits similar to war invalidity and monthly allowances; decisions on one-time disability allowances; certificates of war invalidity, certificates of persons enjoying benefits similar to war invalidity; decisions to grant certificates of war veteran and allowances; certificates of war veteran for remaining agencies and units and those who have been transferred out of the Military within the jurisdiction of Hanoi City; decisions to grant certificates of persons engaged in revolutionary activities contaminated by toxic chemicals and monthly allowances for those currently serving in the Military;

g) The Chief of the General Political Department shall issue decisions recognizing individuals engaged in revolutionary activities before January 1, 1945; decisions recognizing individuals engaged in revolutionary activities from January 1, 1945 to August 1945; decisions on monthly allowances for Heroes of the Armed Forces, Heroes of Labor during the resistance period currently managed by the Ministry of National Defense; decisions on one-time allowances for relatives or worshippers of Heroes of Labor during the resistance period managed by the Ministry of National Defense but deceased before receiving the decision to confer the title; decisions on monthly allowances for individuals engaged in revolutionary activities, anti-enemy activities, and international duties under the responsibility of the Ministry of National Defense.

4. When receiving confirmation files for preferential objects for persons who have rendered meritorious service to the revolution, if the file is not valid, the agency or unit receiving the file must return it (except in cases of forged files) and notify in writing the agency, unit, and individual submitting the file within ten working days from the date of receipt.

5. Medical Appraisal Councils at all levels in the Military shall implement according to the regulations of the Minister of National Defense.

6. Areas with particularly difficult socio-economic conditions shall serve as the basis for confirming objects to enjoy preferential policies for persons who have rendered meritorious service to the revolution, implemented according to the provisions of the law.

Chapter II

PROCEDURES AND FORMALITIES FOR CONFIRMATION AND ORGANIZATION OF IMPLEMENTATION OF PREFERENTIAL POLICIES FOR PERSONS WHO HAVE RENDERED MERITORIOUS SERVICE TO THE REVOLUTION

PREFERENTIAL POLICIES FOR PERSONS WHO HAVE RENDERED MERITORIOUS SERVICE TO THE REVOLUTION

SECTION 1 PERSONS ENGAGED IN THE REVOLUTIONARY MOVEMENT BEFORE JANUARY 1, 1945 AND PERSONS ENGAGED IN THE REVOLUTIONARY MOVEMENT FROM JANUARY 1, 1945 TO AUGUST 1945 UPRISING DAY

Article 4. Documentation for Recognition

Documentation: 03 sets (to be retained at the Cadre Department/General Political Department; Department of Labor - Invalids and Social Affairs where management and implementation of benefits take place; subject or relative of the subject), each set includes:

1. Declaration of revolutionary activities process (Form LT1 or Form TKN1), with confirmation from the People's Committee of commune, ward, town (hereinafter referred to as the People's Committee at the commune level). In case the person engaged in the revolutionary movement has died, the representative of relatives or the person worshipping shall prepare the declaration (Form LT2 or Form TKN2), accompanied by the Power of Attorney Record (Form UQ).

2. Certified copy (both sides) of the decision on retirement or personal record of retired military personnel or decision on demobilization, discharge or death notice, death certificate (if deceased) and one of the documents specified in Article 6 or Article 12 of Decree No. 31/2013/NĐ-CP.

Article 5. Responsibility for Preparing Documentation

1. The individual or relative of the subject prepares the documentation (03 sets) according to the provisions of Clause 1 and 2, Article 4 of this Circular, and sends it to the Cadre Department/General Political Department.

2. Within 30 working days from the date of receiving complete and valid documentation, the Cadre Department/General Political Department is responsible for reviewing the documentation, proposing the Chief of the General Political Department to sign the decision recognizing persons engaged in the revolutionary movement before January 1, 1945 (Form LT3) or the decision recognizing persons engaged in the revolutionary movement from January 1, 1945 to August 1945 uprising day (Form TKN3); transferring the recognition decision along with the documentation to the Department of Labor - Invalids and Social Affairs where the subject or relative of the subject resides for management and implementation of benefits, while also transferring the recognition decision along with the documentation to the subject or relative of the subject.

SECTION 2 MARTYRS

Article 6. Documentation for Confirmation

1. For military personnel, defense workers, and cryptographers who died, Documentation: 03 sets (to be retained at the unit issuing the death notice; subordinate units under the Ministry of National Defense; Department of Labor - Invalids and Social Affairs where management and implementation of benefits take place), each set includes:

a) Death Notice (Form LS1), Condolence Letter (Form LS1a), Inventory Record of Personal Effects and Private Money (Form LS1b), Handover Record of Personal Effects and Private Money (Form LS1c), Memorial Plan (Form LS1d);

b) Documents serving as basis for issuing the death notice as stipulated in Article 7 of this Circular;

c) Declaration of circumstances of martyrs' relatives, with confirmation from the People's Committee at the commune level where they reside (Form LS4);

d) Request letter from the head of the agency or unit as stipulated in Point d, Clause 3, Article 3 of this Circular.

2. For those missing or unaccounted for as stipulated in Point k, Clause 1, Article 17 of Decree No. 31/2013/NĐ-CP and those who died before December 31, 1994, Documentation: 03 sets (to be retained at the unit issuing the death notice; subordinate units under the Ministry of National Defense; Department of Labor - Invalids and Social Affairs where management and implementation of benefits take place), each set includes:

a) Request letter from the relative of the subject, with confirmation from the People's Committee at the commune level where they reside (Form LS3);

b) Verification form for cases of missing or unaccounted for (Form LS2);

c) Death Notice (Form LS1);

d) Documents serving as basis for issuing the death notice as stipulated in Clause 9 and Clause 11, Article 7 of this Circular;

đ) Declaration of circumstances of martyrs' relatives, with confirmation from the People's Committee at the commune level where the relatives reside (Form LS4);

e) Request letter from the head of the agency or unit as stipulated in Point d, Clause 3, Article 3 of this Circular.

Article 7. Basis for issuing a death notice

1. In cases of sacrifice as specified in Points a and b Clause 1 Article 17 Decree No. 31/2013/NĐ-CP, the head of battalion level and equivalent reports; the head of regiment level and equivalent or higher issues the confirmation certificate.

2. In cases of sacrifice as specified in Point c Clause 1 Article 17 Decree No. 31/2013/NĐ-CP, there must be a decision to perform international duty issued by the competent authority of the agency or unit; the confirmation certificate of the sacrifice case is issued by the head of regiment level and equivalent or higher (Form XN1).

3. In cases of sacrifice as specified in Point d Clause 1 Article 17 Decree No. 31/2013/NĐ-CP, there must be one of the following documents:

a) Conclusion of the investigation agency;

b) In cases where the perpetrator cannot be identified, there must be a decision to initiate a criminal case or a decision to temporarily suspend the investigation of the case;

c) In cases where the perpetrator has fled or their residence cannot be determined, there must be a warrant for the arrest of the suspect;

d) In cases where the criminal case is prolonged, there must be a decision to extend the investigation;

đ) In cases where the person committing the socially dangerous act does not have criminal responsibility capacity or has not reached the age of criminal responsibility or has died, there must be one of the following documents: Decision not to initiate a criminal case, decision to revoke the decision to initiate a criminal case, decision to terminate the investigation of the case.

4. In cases of sacrifice as specified in Point đ Clause 1 Article 17 Decree No. 31/2013/NĐ-CP, there must be a record of the incident established by the regiment level and equivalent or higher directly managing the deceased (Form XN2).

5. In cases of sacrifice as specified in Point e Clause 1 Article 17 Decree No. 31/2013/NĐ-CP, there must be a record of the incident established by the regiment level and equivalent or higher directly managing the deceased (Form XN2) or by the People's Committee of the commune where the incident occurred.

6. In cases of sacrifice as specified in Point g Clause 1 Article 17 Decree No. 31/2013/NĐ-CP, there must be a confirmation certificate of the sacrifice case and a confirmation certificate of performing defense and security duties in areas with extremely difficult socio-economic conditions issued by the head of regiment level and equivalent or higher (Form XN1).

7. In cases of sacrifice as specified in Point h Clause 1 Article 17 Decree No. 31/2013/NĐ-CP, there must be:

a) A decision or document assigning the task of searching for and collecting烈士遗骸；

b) A record of the incident established by the head of the search and collection team (or group).

8. In cases of death as specified in Point i Clause 1 Article 17 Decree No. 31/2013/NĐ-CP:

a) War invalids with a disability rate of 81% or more must have a medical certificate confirming death due to recurrence of wounds from a healthcare facility, accompanied by the war invalid file;

b) War invalids with a disability rate of 61% to 80% must have a copy of the treatment record and a death review report due to recurrence of wounds from a district-level hospital or military hospital, accompanied by the war invalid file.

9. In cases of missing persons as specified in Point k Clause 1 Article 17 Decree No. 31/2013/NĐ-CP, there must be a verification form (Form LS2) issued by the competent authority (Department of Cadres, Department of Security Protection, General Political Department; Department of Military Affairs, General Staff Headquarters; Military Procuracy at all levels; Military Court at all levels; Business File Department, Ministry of Public Security). For cases of missing persons from January 1, 1990 onwards as specified in Points a, b, c, d, đ, e, and g Clause 1 Article 11 of the Preferential Treatment Ordinance for Persons with Merit, in addition to the verification form and relevant documents corresponding to each case as stipulated herein, there must also be a court decision declaring death according to the Civil Code.

10. In cases of sacrifice as specified in Point l Clause 1 Article 17 Decree No. 31/2013/NĐ-CP, there must be:

a) A record of the incident established by the regiment level and equivalent or higher directly organizing training or drills (Form XN2), accompanied by a copy of the plan or related directive from the competent authority;

b) A decision or document assigning the task of combat training or drills serving national defense and security from the competent authority.

11. In cases of sacrifice before December 31, 1994 that have been recorded as martyrs in the death notice; Medals, Orders; Certificate of wearing Medals, Orders; Honor Board; Family Glory Board; List of martyrs stored at regiment level and equivalent or higher; Party history at commune level or higher approved and published by authorized Party agencies; annual reports from before 1995 kept by authorized Party agencies.

Article 8. Responsibility for preparing files

1. For military personnel, defense workers and officials, and individuals engaged in confidential work who have sacrificed their lives

a) At the brigade level and equivalent, within seven working days from the date the subject under management sacrifices their life, must complete the inventory record of personal effects and private money; the handover record of personal effects and private money; the grave marker plan, death certificate, and report to the direct superior authority;

b) At the division level and above, each level within ten working days from the date of receiving complete valid files, examine and perfect the file according to its jurisdiction, report to the direct superior authority, and send to the Policy Department/General Political Department;

c) The Policy Department/General Political Department within ten working days from the date of receiving complete valid files, shall be responsible for reviewing, reporting to the Chief of the General Political Department to request the Minister of National Defense to issue a document with the file attached to be submitted to the Ministry of Labor, Invalids and Social Affairs for processing;

d) The agency or unit issuing the death certificate shall cooperate with the local military authority and the local government where the martyr's relatives reside to organize a funeral ceremony and hand over the martyr's file to the Department of Labor, Invalids and Social Affairs for implementation of benefits. In cases where the unit issuing the death certificate is far away (border, island), unable to organize a funeral ceremony, transfer the "National Memorial Certificate" along with the martyr's file to the Military Command of the province where the martyr's relatives reside to coordinate with relevant agencies and the local government to organize a funeral ceremony and hand over the martyr's file to the Department of Labor, Invalids and Social Affairs for implementation of benefits.

2. For cases of sacrifice before December 31, 1994

a) Representatives of relatives or those performing ancestral worship shall be responsible for submitting a request for confirmation as a martyr accompanied by the documents specified in Clause 11, Article 7 of this Circular, to the People's Committee of the commune for confirmation, preparation of the file, and submission to the Military Command Board of the district, city district, provincial city (hereinafter referred to as the Military Command Board of the district);

b) The Military Command Board of the district, the Military Command of the province, the Political Department of the Military Region, each level within ten working days from the date of receiving complete valid files, shall be responsible for checking, examining, and perfecting the file according to its jurisdiction, and sending it to the Policy Department/General Political Department;

c) The Policy Department/General Political Department within ten working days from the date of receiving complete valid files, shall be responsible for reviewing, reporting to the Chief of the General Political Department to request the Minister of National Defense to issue a letter requesting with the file attached to be submitted to the Ministry of Labor, Invalids and Social Affairs for processing;

d) The Military Command of the province within ten working days from the date of receiving the "National Memorial Certificate" and the martyr's file, shall be responsible for directing agencies and units to cooperate with relevant agencies and the local government where the martyr's relatives reside to organize a funeral ceremony and hand over the martyr's file to the Department of Labor, Invalids and Social Affairs for implementation of benefits.

3. For cases of missing persons or disappearance as stipulated in Point k, Clause 1, Article 17 of Decree No. 31/2013/NĐ-CP

a) Representatives of relatives or those performing ancestral worship shall be responsible for submitting a request for confirmation as a martyr (Model LS3) accompanied by related documents (if any) to the People's Committee of the commune for confirmation, preparation of the file, and submission to the Military Command Board of the district;

b) The Military Command Board of the district within ten working days from the date of receiving complete valid files, shall be responsible for checking and examining the related stored files, reporting to the direct superior authority;

c) The Military Command of the province within thirty working days from the date of receiving complete valid files, shall be responsible for: Checking the list and stored files at the relevant departments under its jurisdiction (Policy, Cadres, Security Protection of the Military, Military Forces, Criminal Investigation), the content of information related to the subject; Cooperating with the Department of Labor, Invalids and Social Affairs to check and verify the death notice information (if any); Issuing a letter requesting the unit managing military personnel when they are missing or disappeared (at the brigade level and above) or depending on specific circumstances, requesting the competent authority (Cadres Bureau, Security Protection of the Military Department/General Political Department; Military Forces Bureau/General Staff Department; Military Prosecution at all levels; Military Court at all levels; Business File Bureau/Ministry of Public Security) to verify the information about the subject; In case of a conclusion of betrayal, surrender, recruitment, desertion, corruption, or violation of the law, the Military Command of the province shall issue a document notifying the military authorities at all levels, local governments, and family members of the subject, clearly stating the reasons for returning; keeping a long-term tracking and storage record; In case of a conclusion without evidence of betrayal, surrender, recruitment, desertion, corruption, or violation of the law, issuing a death certificate and completing the file according to regulations, reporting to the direct superior authority;

d) The Political Department of the Military Region within ten working days from the date of receiving complete valid files, shall be responsible for examining and perfecting the file according to its jurisdiction, and sending it to the Policy Department/General Political Department;

đ) The Policy Department/General Political Department within ten working days from the date of receiving complete valid files, shall be responsible for reviewing, reporting to the Chief of the General Political Department to request the Minister of National Defense to issue a letter requesting with the file attached to be submitted to the Ministry of Labor, Invalids and Social Affairs for processing;

e) The Military Command of the province within ten working days from the date of receiving the "National Memorial Certificate" and the martyr's file, shall be responsible for directing agencies and units to cooperate with relevant agencies and the local government where the martyr's relatives reside to organize a funeral ceremony and hand over the martyr's file to the Department of Labor, Invalids and Social Affairs for implementation of benefits.

Section 3 HEROES OF THE PEOPLE'S ARMED FORCES, LABOR HEROES DURING THE RESISTANCE WAR

Article 9. Procedures for filing documents to enjoy benefits

Documents: 02 sets (to be kept at units under the Ministry of National Defense; Policy Department/Political General Department), each set includes:

1. Personal declaration form (Form AH1) or declaration form of relatives or persons worshipping Heroes (Form AH2).

2. Certified copy of the decision conferring the title of Hero or certified copy of the Hero's Medal.

3. Request letter from the head of the agency or unit as stipulated in Point d Clause 3 Article 3 of this Circular.

Article 10. Responsibilities for filing documents to enjoy benefits

1. Individuals shall fill out the declaration form or relatives or persons worshipping shall fill out the declaration form with confirmation from the People's Committee of the commune where they reside, along with a certified copy of the decision conferring the title of Hero or a certified copy of the Hero's Medal, and submit it to the directly managing agency or unit for verification, file preparation, and recommendation.

2. At the regiment level and above, each level within 10 working days from the date of receiving complete valid documents, shall have the responsibility to check, review, and perfect the files according to their authority, report to the immediate superior, and send to the Policy Department/Political General Department.

3. The Policy Department/Political General Department within 10 working days from the date of receiving complete valid documents, shall have the responsibility to examine the files, prepare a list, and recommend the Political General Department Director to sign the decision:

a) Monthly allowance for Heroes of the Armed Forces and Labor Heroes during the Resistance War (Form AH3) who are still employed under the management of the Ministry of National Defense;

b) One-time allowance for relatives or persons worshipping Heroes of the Armed Forces and Labor Heroes during the Resistance War (Form AH4) managed by the Ministry of National Defense but deceased before receiving the decision conferring the title of Hero.

Section 4 DISABLED PERSONS AND PERSONS ENJOYING BENEFITS SIMILAR TO DISABLED PERSONS

Article 11. Confirmation documents

1. For military personnel, defense workers, and people engaged in confidential work who were injured, Documents: 03 sets (to be kept at the unit issuing the injury certificate; units under the Ministry of National Defense; Policy Department/Political General Department), each set includes:

a) Application form of the applicant (Form TB5);

b) Injury certificate (Form TB1);

c) Documents serving as the basis for issuing the injury certificate;

d) Request letter from the head of the agency or unit as stipulated in Point d Clause 3 Article 3 of this Circular;

đ) Assessment form of the Policy Department/Political General Department (Form XD);

e) Disability assessment record of the Medical Examination Board (Form TB2).

2. For those currently employed who were injured on or before December 31, 1994, and have not been assessed for disability, The agency or unit shall prepare confirmation documents as prescribed in Points a, b, c, and d Clause 1 of this Article, and attach one of the following documents indicating physical injuries, specifically including:

a) Documents issued when injured: Transfer injury form, transfer hospital form; discharge certificate; health status form; health book; injury certificate; treatment medical records (certified copy);

b) Certified copy: Cadre history; party member history; military personnel history established on or before December 31, 1994;

c) In cases where the cadre history, party member history, military personnel history, health status form, and health book were established before December 31, 1994 but do not indicate physical injuries (only indicate injury), then attach a record of physical injury inspection by division-level and higher units (Form XN3 or XN4).

3. For disabled persons currently employed requesting reassessment of disability due to recurrence of old injuries, Documents: 03 sets (to be kept at the unit issuing the injury certificate; units under the Ministry of National Defense; Policy Department/Political General Department), each set includes:

a) Reassessment application for disability;

b) Certified copy: Injury certificate, previous assessment records;

c) Proof of treatment for one of the recurring injuries specified in Clause 4 Article 30 Decree No. 31/2013/ND-CP at district-level hospitals or military hospitals; in case of surgery, there must be a surgical record from district-level hospitals or military hospitals;

d) Request letter from the head of the agency or unit as stipulated in Point d Clause 3 Article 3 of this Circular;

đ) Disability assessment record of the Medical Examination Board (Form TB2).

4. For disabled persons currently employed requesting additional assessment of residual injuries, In addition to the documents prescribed in Points a, b, d, đ, e Clause 3 of this Article, attach the results of imaging and diagnosis from district-level hospitals or military hospitals for cases with metal fragments remaining in the body; surgical record from district-level hospitals or military hospitals for cases where foreign objects have been surgically removed.

5. For those injured and transferred outside the Military who have not yet been assessed for disability, Documents: 04 sets (to be kept at the unit issuing the injury certificate; units under the Ministry of National Defense; Medical Examination Board; Department of Labor, Invalids and Social Affairs responsible for management and implementation of benefits), each set includes:

a) Application form of the applicant (Form TB6);

b) Injury certificate (Form TB1);

c) Documents serving as the basis for issuing the injury certificate;

d) Certified copy of the decision on demobilization, discharge, transfer to another profession, retirement, or resignation. If the decision is no longer available, a confirmation letter from the Military Command of the district regarding the time served in the Military is required;

đ) Request letter from the head of the agency or unit as stipulated in Point d Clause 3 Article 3 of this Circular;

e) Assessment form of the Policy Department/Political General Department (Form XD);

g) Disability assessment record of the Medical Examination Board (Form TB2).

Article 12. Basis for issuing a certificate of injury

1. A discharge certificate after treatment of the wound and one of the following documents:

a) In cases of injury as specified in Points a and b Clause 1 Article 27 Decree No. 31/2013/NĐ-CP, the head of a battalion-level unit or equivalent reports, and the head of a regiment-level unit or higher issues the confirmation document;

b) In cases of injury as specified in Point d Clause 1 Article 27 Decree No. 31/2013/NĐ-CP, there must be a decision to perform international duty issued by the head of the competent authority; an injury confirmation document issued by the head of a regiment-level unit or higher (Form XN1);

c) In cases of injury as specified in Point đ Clause 1 Article 27 Decree No. 31/2013/NĐ-CP, there must be one of the following documents: The conclusion of the investigation agency; if the perpetrator cannot be identified, there must be a decision to initiate a criminal case or a decision to temporarily suspend the investigation; if the perpetrator has fled or their residence cannot be determined, there must be a decision to issue a warrant for arrest; if the case is prolonged, there must be a decision to extend the investigation period; if the person committing the socially dangerous act does not have criminal responsibility capacity or has not reached the age of criminal responsibility or has died, there must be one of the following documents: Decision not to initiate a criminal case, decision to revoke the decision to initiate a criminal case, decision to terminate the investigation;

d) In cases of injury as specified in Point e Clause 1 Article 27 Decree No. 31/2013/NĐ-CP, there must be a record of the incident established by a regiment-level unit or higher directly managing it (Form XN2) or by the People's Committee of the commune where the incident occurred;

đ) In cases of injury as specified in Point g Clause 1 Article 27 Decree No. 31/2013/NĐ-CP, there must be a record of the incident established by a regiment-level unit or higher directly organizing training or drills (Form XN2), accompanied by a copy of the plan or relevant directive from the competent authority; a decision or document assigning combat training tasks or drills serving national defense and security;

e) In cases of injury as specified in Point h Clause 1 Article 27 Decree No. 31/2013/NĐ-CP, there must be an injury confirmation document and a document confirming performance of national defense and security duties in areas with particularly difficult socio-economic conditions issued by the head of a regiment-level unit or higher (Form XN1);

g) In cases of injury as specified in Point i Clause 1 Article 27 Decree No. 31/2013/NĐ-CP, there must be a decision or document assigning the task of searching for and collecting remains of martyrs; a record of the incident established by the head of the search and collection team (or group);

2. In cases of injury as specified in Point c Clause 1 Article 27 Decree No. 31/2013/NĐ-CP, the issuance of an injury certificate is based on one of the documents established before December 31, 1994, recording imprisonment and physical injuries, such as: Officer's resume, party member's resume, military personnel's resume, or social insurance benefit file;

3. For injuries occurring before December 31, 1994, the issuance of an injury certificate must be based on one of the documents recording physical injuries as specified in Points a, b, and c Clause 2 Article 11 of this Circular.

Article 13. Responsibility for Establishing Files

1. For military personnel, defense civil servants, and key clerical workers who have been injured

a) The subject shall submit a request form (Form TB5) along with one of the documents serving as the basis for issuing an injury certificate as stipulated in Article 12 of this Circular, to be confirmed, filed, and proposed by the directly managing agency or unit;

b) At the brigade level and above, each level shall be responsible for checking, reviewing, and completing the file within ten working days from the date of receiving a complete and valid file, reporting to the immediate superior, and sending it to the Policy Department/General Political Department;

c) The Policy Department/General Political Department shall be responsible for examining the file and transferring it to the Political Department of the Military Region (for subjects under the jurisdiction of the Military Region) or referring it to the Medical Expertise Board (for majors and defense civil servants with equivalent salaries; subjects under the jurisdiction of units) for expertise and determination of the degree of labor capacity reduction due to injuries within ten working days from the date of receiving a complete and valid file;

d) The Medical Expertise Board shall complete the injury expertise record and transfer it back to the referring agency within ten working days from the date of completing the expertise;

đ) The Commander or Political Commissar of the Military Region (for subjects managed by the Military Region); the Director of the Policy Department/General Political Department (for subjects under the jurisdiction of units), shall issue a decision on granting an injured soldier certificate or benefits equivalent to those of an injured soldier and monthly allowances (Form TB3) or a one-time disability allowance (Form TB4); grant an injured soldier certificate; direct the management and implementation of the system by the managing agencies and units within ten working days from the date of receiving the injury expertise record;

2. For injured soldiers currently employed requesting re-examination of injuries due to recurrence of old wounds

a) The subject shall submit a request form (Form TB5) along with documents proving treatment for recurrent wounds as stipulated in Clause 4, Article 30 of Decree No. 31/2013/ND-CP, to be confirmed, filed, and proposed by the directly managing agency or unit;

b) At the brigade level and above, each level shall be responsible for checking, reviewing, and completing the file within ten working days from the date of receiving a complete and valid file, reporting to the immediate superior, and sending it to the Policy Department/General Political Department;

c) The Policy Department/General Political Department shall check and propose the Chief of the General Political Department to send a letter along with the file to the Ministry of Labor, Invalids, and Social Affairs for examination within ten working days from the date of receiving a complete and valid file. After receiving the examination document from the Ministry of Labor, Invalids, and Social Affairs, the Policy Department/General Political Department shall refer it to the authorized Medical Expertise Board for expertise and re-determination of the degree of labor capacity reduction due to injuries;

d) The Medical Expertise Board shall complete the injury expertise record and transfer it back to the referring agency within ten working days from the date of completing the expertise;

đ) The Commander or Political Commissar of the Military Region (for subjects managed by the Military Region); the Director of the Policy Department/General Political Department (for subjects under the jurisdiction of units), shall issue a decision to adjust the allowance system (Form TB3) within ten working days from the date of receiving the injury expertise record;

3. For injured soldiers currently employed requesting supplementary examination of residual wounds

a) The subject shall submit a request for supplementary examination of residual wounds along with documents as stipulated in Clause 4, Article 11 of this Circular, to be confirmed, filed, and proposed by the directly managing agency or unit;

b) At the brigade level and above, each level shall be responsible for checking, reviewing, and completing the file within ten working days from the date of receiving a complete and valid file, reporting to the immediate superior, and sending it to the Policy Department/General Political Department;

c) The Policy Department/General Political Department shall examine the file and refer it to the authorized Medical Expertise Board for expertise and determination of the degree of labor capacity reduction due to injuries within ten working days from the date of receiving a complete and valid file;

d) The Medical Expertise Board shall complete the injury expertise record and transfer it back to the referring agency within ten working days from the date of completing the expertise;

đ) The Commander or Political Commissar of the Military Region (for subjects managed by the Military Region); the Director of the Policy Department/General Political Department (for subjects under the jurisdiction of units), shall issue a decision to adjust the allowance system (Form TB3) within ten working days from the date of receiving the re-examination injury expertise record;

4. In cases where injured persons have been transferred out of the military without having their injuries examined

a) The subject shall submit a request form (Form TB6) along with one of the documents serving as the basis for issuing an injury certificate as stipulated in Clauses 2 and 3, Article 12 of this Circular, to be confirmed, filed, and proposed by the People's Committee of the commune to the Military Command of the district;

b) The Military Command Board of the district, the Military Command of the province, the Political Department of the Military Region, each level within ten working days from the date of receiving complete valid files, shall be responsible for checking, examining, and perfecting the file according to its jurisdiction, and sending it to the Policy Department/General Political Department;

c) The Policy Department/General Political Department shall examine the file and transfer it to the Political Department of the Military Region (for subjects under the jurisdiction of the Military Region) or refer it to the authorized Medical Expertise Board (for majors and defense civil servants with equivalent salaries; subjects under the jurisdiction of units) for expertise and determination of the degree of labor capacity reduction due to injuries within ten working days from the date of receiving a complete and valid file;

d) The Medical Expertise Board shall complete the injury expertise record and transfer it back to the referring agency within ten working days from the date of completing the expertise;

đ) The Commander or Political Commissar of the Military Region (for subjects managed by the Military Region); the Director of the Policy Department/General Political Department (for subjects under the jurisdiction of units), shall issue a decision on granting an injured soldier certificate and monthly allowances or a one-time disability allowance; grant an injured soldier certificate, and transfer it to the Provincial Military Command within ten working days from the date of receiving the injury expertise record;

e) The provincial Military Command shall organize the issuance of the War Invalid Certificate to the subject within 10 working days from the date of receipt of the decision on issuing the War Invalid Certificate and monthly allowances; War Invalid Certificate or decision on one-time allowance; hand over the file to the Department of Labor, War Invalids and Social Affairs for management and implementation of the regime; issue one-time disability allowance (if applicable).

Article 14. Procedures for reissuing files and recovering disability allowances for war invalids who have ceased to enjoy benefits due to objective reasons or loss of files.

1. Cases for reissuing files and recovering disability allowances:

a) War invalids confirmed before April 30, 1975, who sent their War Invalid Books to the North before going to fight in Zones B, C, and K;

b) War invalids who have enjoyed monthly allowance regimes in the Military but lost their files when transferring out of the Military;

c) War invalids who have been assessed for disability and have received decisions on issuing War Invalid Certificates and disability allowances or War Invalid Books, but lost them when returning to their localities;

d) Cases where the subjects have been assessed and rated with sufficient disability levels, but the units did not issue War Invalid Certificates and disability allowances or War Invalid Books when they transferred out of the Military.

2. Documents serving as the basis for reissuing files and recovering disability allowances: Files: 04 sets (the Policy Bureau of the General Political Department receives the original version; the Political Bureau of the Military Region, the Provincial Military Command, and the Department of Labor, War Invalids and Social Affairs), each set includes:

a) The application form of the subject (Model TL), certified by the People's Committee of the commune and the Office of Labor, War Invalids and Social Affairs of the place of residence; if the subject does not reside at their place of origin, certification by the Office of Labor, War Invalids and Social Affairs of the place of origin is required; if currently employed, certification by the head of the managing agency or unit is required;

b) Original copies of one or more of the following documents: Disability Allowance Book (issued according to Circular No. 254/TT-LB dated November 10, 1967 of the Ministry of Interior - Ministry of Defense - Ministry of Public Security); War Invalid Book (issued according to Circular No. 53/TBXH dated December 24, 1981 of the Ministry of Labor, War Invalids and Social Affairs); Medical Assessment Board's assessment record of disability; decision on issuing War Invalid Certificate and disability allowance (certified copy if it is a collective decision); In cases where the aforementioned documents are not available, but the subject has been rated with disability and has a Record of the disability file extracted from the list or War Invalid file managed by units under the Ministry of Defense; the Policy Bureau of the General Political Department or the Office of Persons with Merit of the Ministry of Labor, War Invalids and Social Affairs;

c) A letter requesting issued by the head of the agency or unit specified in Point d Clause 3 Article 3 of this Circular.

3. Responsibilities for reissuing files and recovering disability allowances

a) The subject submits the application form along with the documents specified in Clause 1 of this Article to the unit managing at battalion level and equivalent (for those still working in the Military) or to the People's Committee of the commune (for those who have transferred out of the Military) for confirmation, file establishment, and submission to the competent authority;

b) At the brigade level and above, each level shall be responsible for checking, reviewing, and completing the file within ten working days from the date of receiving a complete and valid file, reporting to the immediate superior, and sending it to the Policy Department/General Political Department;

c) The Director of the Policy Bureau of the General Political Department shall, within 30 working days from the date of receiving complete valid files, be responsible for reviewing the files, recommending the Chief of the General Political Department to the Minister of Defense for recovery of disability allowances; reissue War Invalid files, return to the requesting agency or unit;

d) The head of the agency or unit specified in Point d Clause 3 Article 3 of this Circular, within 10 working days from the date of receiving the War Invalid file, shall be responsible for directing subordinate agencies or units to implement the regime or refer to the Department of Labor, War Invalids and Social Affairs of the locality where the War Invalid resides (for subjects who have transferred out of the Military) for management and implementation of the regime.

4. In cases where the subject is both a War Invalid and a Veteran with Illness; or a War Invalid and a person enjoying the labor incapacity benefit system and meeting the conditions to enjoy two allowance systems, based on the letter and application file of the Department of Labor, War Invalids and Social Affairs managing and disbursing the regime of the subject, the Director of the Policy Bureau of the General Political Department shall be responsible for extracting the disability file and sending it back to the Department of Labor, War Invalids and Social Affairs of the requesting locality as the basis for issuing the War Invalid Certificate and disability allowance; the period of enjoyment of the allowance starts from the date of signing the decision.

Section 5 VETERANS

Article 15. Documentation for Confirmation

1. For active-duty military personnel suffering from illness: 03 sets (to be retained at the unit issuing the illness certificate; subordinate units under the Ministry of National Defense; Policy Department/General Political Department), each set includes:

a) Application form of the subject (Form BB5);

b) Illness certificate (Form BB1);

c) Documents serving as the basis for issuing the illness certificate;

d) Request letter from the head of the agency or unit as stipulated in Point d Clause 3 Article 3 of this Circular;

đ) Assessment form of the Policy Department/Political General Department (Form XD);

e) Medical examination report of the Medical Examination Board (Form BB2).

a) Application form of the subject, with confirmation from the People's Committee of the commune (Form BB5) or application form of the representative of the subject's relatives, with confirmation from the People's Committee of the commune (Form BB6);

b) Illness certificate (Form BB1);

c) Documents serving as the basis for issuing the illness certificate;

d) Certified copy of the decision on discharge or demobilization, or original certificate regarding the time served in the Military from the Military Command of the district;

đ) Minutes of the request for illness confirmation by the People's Committee of the commune (Form BB4);

e) Official letter requesting confirmation from the head of the agency or unit as stipulated in Point d Clause 3 Article 3 of this Circular;

g) Assessment form of the Policy Department/General Political Department (Form XD);

h) Medical examination report of the Medical Examination Board (Form BB2).

Article 16. Basis for Issuing Illness Certificates

1. For active-duty military personnel, there must be a discharge certificate after treatment and one of the following documents:

a) In cases stipulated in Points a and b Clause 1 Article 33 of Decree No. 31/2013/NĐ-CP: Transfer certificate, hospital transfer certificate; certified copy of the officer's resume or military personnel's resume, party member's resume fully recording work history;

b) In cases stipulated in Point c Clause 1 Article 33 of Decree No. 31/2013/NĐ-CP: Certificate of activity in areas with extremely difficult economic and social conditions (Form XN1);

c) In cases stipulated in Point d Clause 1 Article 33 of Decree No. 31/2013/NĐ-CP: Certified copy: Officer's resume or military personnel's resume, party member's resume fully recording work history;

d) In cases stipulated in Point đ Clause 1 Article 33 of Decree No. 31/2013/NĐ-CP: Decision to perform international duty;

đ) In cases stipulated in Point e Clause 1 Article 33 of Decree No. 31/2013/NĐ-CP: Minutes of incidents caused by units equivalent to or above battalion level directly managing them (Form XN2);

e) In cases stipulated in Point g Clause 1 Article 33 of Decree No. 31/2013/NĐ-CP: Decision or document assigning the task of searching for and collecting烈士骸骨。23 ||| 2. 对于退伍军人因旧病复发导致精神疾病，根据第31/2013/NĐ-CP号议定书第33条第1款第h点的规定，依据以下文件：

2. For military personnel who have been demobilized and discharged and whose old illness has recurred, leading to mental disorders as specified in Point h Clause 1 Article 33 of Decree No. 31/2013/NĐ-CP, the following documents shall be based on:

a) 第一款规定的任何一种文件。如果退伍后旧病复发导致精神失常，则以所在省军事指挥部的确认为依据；

b) 在服役期间获得并记录有旧病复发导致的精神疾病治疗病历的文件，由省级医院或军队医院出具；如果退伍后旧病复发导致精神失常，则以省级医院或军队医院的治疗病历为依据；

c) 退伍决定的认证副本。如果没有退伍决定，则必须有县级军事指挥部关于在军队服役时间的确认书；

Article 17. Responsibility for establishing files

1. For active-duty military personnel suffering from illness

a) The subject who makes a request application (Form BB5) along with one or more documents serving as the basis for issuing a health certificate as stipulated in Clause 1, Article 16 of this Circular, shall submit to the directly managing agency or unit for confirmation, file establishment, and request;

b) At the brigade level and above, each level shall be responsible for checking, reviewing, and completing the file within ten working days from the date of receiving a complete and valid file, reporting to the immediate superior, and sending it to the Policy Department/General Political Department;

c) The Policy Department/General Political Department shall, within ten working days from the date of receiving complete and valid files, be responsible for reviewing and returning the files to the requesting unit (for subjects under the jurisdiction of the Military Region) or referring them to the Medical Examination Board for examination and determination of the percentage of reduced work capacity due to illness (for subjects at the rank of battalion chief and above and those of units under the jurisdiction);

d) The Medical Examination Board shall, within ten working days from the completion of the examination, complete the medical examination record and return it to the agency or unit that referred it for examination;

đ) The Commander or Political Commissar of the Military Region (for subjects under the management of the Military Region); the Director of the Policy Department/General Political Department (for subjects under the jurisdiction of units), within ten working days from the date of receiving the medical examination record, shall be responsible for issuing a decision on granting a war invalid certificate and allowances (Form BB3); transferring the war invalid certificate to the agency or unit for implementation of the benefits;

2. For former military personnel suffering from a recurrence of a pre-existing illness leading to mental disorder as specified in Point h, Clause 1, Article 33 of Decree No. 31/2013/NĐ-CP

a) The subject or their relative who makes a request for benefit resolution along with the documents specified in Clause 2, Article 16 of this Circular, shall submit to the People's Committee of the commune for confirmation, file establishment, and referral to the Military Command of the district;

b) The Military Command Board of the district, the Military Command of the province, the Political Department of the Military Region, each level within ten working days from the date of receiving complete valid files, shall be responsible for checking, examining, and perfecting the file according to its jurisdiction, and sending it to the Policy Department/General Political Department;

c) The Policy Department/General Political Department shall, within ten working days from the date of receiving complete and valid files, be responsible for reviewing and referring them to the Mental Health Medical Examination Board of the Ministry of National Defense or the Medical Examination Board of Hospital 175/Ministry of National Defense;

d) The Mental Health Medical Examination Board shall, within ten working days from the completion of the examination, complete the medical examination record and return it to the agency or unit that referred it for examination;

đ) The Commander or Political Commissar of the Military Region (for subjects residing within the Military Region's area); the Director of the Policy Department/General Political Department (for subjects residing within the area of Hanoi City), within ten working days from the date of receiving the medical examination record, shall be responsible for issuing a decision on granting a war invalid certificate and monthly allowances (Form BB3); transferring the war invalid certificate; and sending the decision along with the file to the Provincial Military Command;

e) The Provincial Military Command shall, within ten working days from the date of receiving the decision on granting a war invalid certificate and monthly allowances; the war invalid certificate, be responsible for delivering the war invalid certificate to the subject; transferring the file to the Department of Labor, Invalids, and Social Affairs for management and implementation of the benefits;

3. The organization conducting the medical examination by the Mental Health Medical Examination Board of the Ministry of National Defense and the Medical Examination Board of Hospital 175/Ministry of National Defense shall be responsible for conducting mental health medical examinations, convening conclusions at Hospital 103, Hospital 175, or mobile examinations at the Mental Health Ward of Hospital 120/Military Region 9, Hospital 17/Military Region 5, Hospital 109/Military Region 2.

Mục 6 PERSONS ENGAGED IN THE RESISTANCE WAR WHO HAVE BEEN EXPOSED TO CHEMICAL WEAPONS AND ARE CURRENTLY SERVING IN THE MILITARY

Article 18. Documentation

Documentation: 04 sets (to be retained at the unit issuing the illness certificate; subordinate units under the Ministry of National Defense; Military Medical Department/Military Region; Policy Department/General Political Department), each set comprising:

1. Personal declaration form (Form HH1).

2. Certified copy of one of the following documents proving participation in the resistance war in areas where the US military used chemical weapons: Document XYZ; transfer for medical treatment; medical treatment record; other documents proving participation in the resistance war in areas where the US military used chemical weapons from April 30, 1975, onwards. One of the certified copies: Officer's resume; party member's resume; military personnel's resume; medal or award for liberation soldier.

3. Certified copy of medical records from healthcare facilities authorized by the Ministry of Health, except in the following cases:

a) Persons engaged in the resistance war who have been exposed to chemical weapons leading to infertility, as concluded by a competent health authority designated by the Ministry of Health. Individuals without a spouse or with a spouse but no children, or those who had children before participating in the resistance war and did not have additional children after returning, now reaching retirement age (female 55 years old, male 60 years old), shall be confirmed by units at the brigade level or higher;

b) Persons engaged in the resistance war who have been exposed to chemical weapons but do not suffer from diseases specified in Point a Clause 2 Article 39 Decree No. 31/2013/NĐ-CP but gave birth to deformed or disabled children, as concluded by a competent medical appraisal council.

4. A letter requesting issuance of the documentation from the head of the agency or unit as stipulated in Point d Clause 3 Article 3 of this Circular.

5. Medical appraisal record due to exposure to chemical weapons by the Medical Appraisal Council (Form HH2).

6. Illness certificate due to exposure to chemical weapons issued by the Director of the Military Medical Department/Military Region (Form HH3).

Article 19. Responsibilities for Preparing Documentation

1. Individuals prepare personal declarations along with one of the documents specified in Clause 2 and Clause 3 of Article 18 of this Circular, submit them to the directly managing agency or unit for confirmation, preparation of documentation, and submission.

2. Units at the brigade level and above, within 10 working days from the date of receiving complete and valid documentation, are responsible for reviewing, examining, and completing the documentation according to their authority, reporting to the immediate superior, and sending it to the Policy Department/General Political Department. Within 10 working days from the date of receiving complete and valid documentation, the Policy Department/General Political Department is responsible for reviewing the documentation and referring it to the Medical Appraisal Council of the Ministry of Defense or the Medical Appraisal Council of Hospital 175/Military Region.

3. The Medical Appraisal Council must complete the medical appraisal record concluding that the individual has contracted a disease due to exposure to chemical weapons and determining the degree of labor capacity reduction within 10 working days from the date of completion of the appraisal, and transfer the record along with the documentation to the Military Medical Department/Military Region.

4. The Director of the Military Medical Department/Military Region, within 15 working days from the date of receiving the medical appraisal record along with the documentation, is responsible for issuing an illness certificate due to exposure to chemical weapons, transferring the certificate and documentation to the Policy Department/General Political Department;

5. The Director of the Policy Department/General Political Department, within 10 working days from the date of receiving the documentation and medical appraisal record; the illness certificate due to exposure to chemical weapons transferred from the Military Medical Department/Military Region, is responsible for issuing a decision to issue an illness certificate for persons engaged in the resistance war who have been exposed to chemical weapons and monthly allowances (Form HH4) and directing agencies and units to implement the benefits.

Section 7 PERSONS ENGAGED IN REVOLUTIONARY ACTIVITIES, RESISTANCE ACTIVITIES CAPTURED AND IMPRISONED BY THE ENEMY

Article 20. Procedures for application files

Documents: 02 sets (to be kept at units under the Ministry of National Defense; Policy Department/Political General Department), each set includes:

1. Personal declaration form (Form TD1).

2. Certified copy of one of the following documents: Officer's record; Party member's record; Military personnel's record or other valid documents confirming the place of enemy capture and detention, duration, and location of imprisonment.

3. Request letter from the head of the agency or unit as stipulated in Point d Clause 3 Article 3 of this Circular.

Article 21. Responsibilities for establishing application files

1. Individuals shall prepare personal declarations along with one of the documents specified in Clause 2 of Article 20 of this Circular, submit to the directly managing agency or unit for confirmation, file establishment, and proposal.

2. Units under the Ministry, based on conditions and subjects stipulated in Article 46 of Decree No. 31/2013/NĐ-CP, shall verify and conclude or propose the Military Security Bureau/General Political Department to conclude on the period of enemy capture and detention.

3. The Military Security Bureau/General Political Department shall, within 15 working days from the date of receipt of the application file, be responsible for verifying and concluding on the period of enemy capture and detention of the subject; for special cases, the verification and conclusion period may be extended but not exceeding 30 working days.

4. Regiment-level units and equivalent, at each level within 10 working days from the date of receiving complete and valid files, shall be responsible for reviewing, examining, and completing the file according to their authority, reporting to the immediate superior, and sending to the Policy Bureau/General Political Department.

5. The Policy Bureau/General Political Department shall, within 10 working days from the date of receiving complete and valid files, be responsible for compiling lists and proposing the Chief of the General Political Department to issue decisions on monthly allowances for persons engaged in revolutionary activities, resistance activities captured and imprisoned by the enemy (Form TD4) and directing agencies and units to manage and implement the benefits.

Section 8 PERSONS ENGAGED IN NATIONAL RESISTANCE AND LIBERATION ACTIVITIES, DEFENDING THE COUNTRY AND PERFORMING INTERNATIONAL OBLIGATIONS

Article 22. Procedures for application files

Documents: 02 sets (to be kept at units under the Ministry of National Defense; Policy Department/Political General Department), each set includes:

1. Personal declaration form (Form KC1).

2. Certified copy of one of the following documents: War Resistance Medal; War Resistance Badge; Victory Medal; Victory Badge; certificate of commendation for outstanding war resistance achievements and actual resistance activity period issued by the Propaganda Bureau/General Political Department.

3. Request letter from the head of the agency or unit as stipulated in Point d Clause 3 Article 3 of this Circular.

Article 23. Responsibilities for establishing application files

1. Individuals shall prepare personal declarations along with certified copies of one of the documents specified in Clause 2 of Article 22 of this Circular, submit to the directly managing agency or unit for confirmation, file establishment, and proposal.

2. Regiment-level units and equivalent, at each level within 10 working days from the date of receiving complete and valid files, shall be responsible for reviewing, examining, and completing the file according to their authority, reporting to the immediate superior, and sending to the Policy Bureau/General Political Department.

3. The Policy Bureau/General Political Department shall, within 10 working days from the date of receiving complete and valid files, be responsible for reviewing, compiling lists, and proposing the Chief of the General Political Department to issue decisions on one-time allowances for persons engaged in national resistance and liberation activities, defending the country, and performing international obligations (Form KC2), directing agencies and units to manage and implement the benefits.

Chapter III

MANAGEMENT OF FILES OF PERSONS WITH CONTRIBUTIONS TO THE REVOLUTION, PROCEDURES FOR TRANSFER AND RECEIPT OF FILES OF PERSONS WITH CONTRIBUTIONS TO THE REVOLUTION

IN THE ARMED FORCES

IN THE ARMED FORCES

Article 24. Regulations on file designation

The file designation for persons with meritorious service in the military shall be implemented uniformly from the date Decree No. 31/2013/NĐ-CP takes effect (Annex 1 is hereby issued together with this Circular).

Article 25. Management system for files of persons with meritorious service

1. The Policy Department/General Political Department shall be responsible for managing and storing lists of martyrs, lists and files confirming war invalids and veterans; files of persons affected by toxic chemicals during anti-war resistance activities; files of persons subjected to enemy capture and imprisonment; persons engaged in national liberation, national defense, and international duty. Uniformly issuing numbers and managing decisions recognizing war invalids and persons enjoying benefits equivalent to war invalids; veterans. After each appraisal round, the Political Department of Military Regions shall report lists proposing recognition of war invalids and veterans to the Policy Department/General Political Department for unification of file numbers, war invalid certificates, veteran certificates before submitting to the Commander or Political Commissar of the Military Region for approval.

2. The Cadre Department/General Political Department shall be responsible for managing and storing lists and files confirming revolutionary activists prior to January 1, 1945, and those from January 1, 1945, to August 1945.

3. Departments and units under the Ministry; Provincial Military Command shall be responsible for managing and storing files of persons with meritorious service under their jurisdiction. Reporting on appraisal work situations; lists of persons with meritorious service of the unit; lists of martyrs, war invalids, and veterans (newly confirmed within the year) to the Policy Department/General Political Department according to regular reporting procedures.

Article 26. Procedures for transferring and receiving files of persons with meritorious service in the revolution

1. Transfer of files within departments and units under the Ministry of National Defense

a) Individuals submit copies of transfer orders to directly managing agencies;

b) Political agencies at division level and above, within five working days from the date of receiving complete valid files, coordinate with financial agencies regarding payment and benefit transfer; submit files to the political agency of the department for referral to the new receiving and managing unit to implement benefits.

2. Transfer of files between departments and units under the Ministry of National Defense

a) Individuals submit copies of transfer orders to directly managing agencies;

b) Within five working days from the date of receiving complete valid files, the political agency of the directly managing unit coordinates with financial agencies regarding payment and benefit transfer; requests the political agency of the department to issue a file transfer notice (Form HS7) along with original files, requesting the new receiving and managing unit to implement benefits.

3. Transfer of files when moving outside the military

a) Individuals submit copies of one of the following decisions: demobilization, discharge, transfer to another profession, retirement to the directly managing agency;

b) The political agency of the directly managing unit coordinates with financial agencies regarding payment and benefit transfer;

c) The political agency of the department under the Ministry of National Defense within ten working days from the date of receiving complete valid files, is responsible for signing a file transfer notice (Form HS7), either directly or sending one set of original files via postal service to the Department of Labor, Invalids, and Social Affairs where the individual resides for management and implementation of benefits; sending one copy of the transfer notice to the individual for information. All issues concerning benefits or files must be resolved before transfer;

d) In cases where files of war invalids recognized before December 31, 1994, managed by the military but not fully compliant with regulations (due to loss), the unit under the department shall send a letter along with the currently managed original files to the Policy Department/General Political Department requesting extraction of war invalid files;

đ) The Policy Department/General Political Department within ten working days from the date of receiving complete request files, is responsible for checking war invalid files (according to records or current lists), preparing two copies of extracted war invalid files (Form HS2) signed and stamped by the Director of the Policy Department/General Political Department, transferring them to the requesting agency or unit.

4. In cases where persons with meritorious service receiving monthly allowances managed by the Ministry of National Defense die, the managing agency or unit shall propose competent authorities to issue a one-time allowance decision before transferring files to the Department of Labor, Invalids, and Social Affairs where the relative resides to implement benefits.

Article 27. Amending Personal Content in the Files of Persons with Meritorious Service to the Revolution

1. In cases where the managing agency of the files of persons with meritorious service or the person with meritorious service requests to amend their surname, given name, middle name; date of birth, place of origin (collectively referred to as personal information) recorded in the file of the person with meritorious service to be consistent with household registration papers and other related documents. When amending personal information, it is necessary to ensure reasonable factors between the date of birth and the time of joining work, the time of enlistment; the names of agencies, units, and localities at different periods, in accordance with historical reality and the process of work of the person with meritorious service.

2. Authority to Amend The agency that issues the relevant documents has the authority to amend the personal information related to those documents. In cases where the competent authority for amendment cannot be determined or the competent authority has been dissolved, the agency currently managing the file of the subject shall be responsible for the amendment.

3. Procedures for Requesting Amendment

a) For those still working The individual submits a request form (Form HS5), sends it to the directly managing agency for confirmation and submission to the competent authority; A summary of Record 63 or the personnel record, military personnel record, and file of the person with meritorious service managed by the unit (original); A letter requesting sent to the competent agency for amendment.

b) For those who have transferred out of the military The request form (Form HS5), sent to the People's Committee of the commune for confirmation and submission to the competent authority; A certified copy of the national identity card, household registration book; Decision on changing surname, middle name, given name; correction of household registration (as stipulated in Decree No. 158/2005/NĐ-CP dated December 27, 2005 of the Government); the file of the person with meritorious service provided by the managing agency (original); A letter requesting from the Department of Labor - Invalids and Social Affairs where the benefits of the subject are managed, sent to the competent authority for amendment.

4. Responsibilities of the Amending Agency

a) The agency or unit authorized to amend, within ten working days from the date of receiving complete and valid files, shall be responsible for checking, comparing, and issuing a decision to amend the personal content in the file according to regulations; returning the amended file to the requesting agency or unit.

b) Strictly manage old files; amended files; prevent errors and negative practices.

Chapter IV

HANDLING OBSTACLES IN THE REVIEW AND APPROVAL OF FILES; HANDLING

VIOLATIONS; ORGANIZING MEDICAL EXAMINATIONS BY MEDICAL EXAMINATION BOARDS AT ALL LEVELS

Article 28. Handling Obstacles in the Review and Approval of Files of Persons with Meritorious Service to the Revolution

1. In cases where the file is not established correctly or sufficiently according to regulations; the responsibility for signing the documents is incorrect, then return the file to supplement and complete. If the documents serving as the basis for review are original but have been altered or additional content added, transfer them back to the requesting unit for verification and clarification of the legality of the file.

2. Do not accept files in cases where: The documents serving as the basis for review do not have originals; documents written in two types of ink; documents erased, added to, or backdated to legitimize the file.

3. In cases where the file or document shows signs of forgery (using chemicals to erase or there are suspicions of forged signatures, seals, or formats), conduct verification and clarification; require the subject to provide an explanation and assurance and present a confirmation from the examination agency or the agency issuing the documents. In cases where the conclusion is that the file is forged, prepare a record to recover the file; propose handling according to authority; notify and request the local government where the subject resides to cooperate in handling responsibility according to the law.

3. In cases where the file and papers show signs of forgery (using chemicals to erase or there are doubts about forged signatures, seals, or document formats), they shall be checked and verified thoroughly; the relevant party shall be required to provide an explanation and assurance, and present a confirmation from the appraisal agency or the agency issuing the papers. If it is concluded that the file is forged, a record shall be made for the recovery of the file; appropriate measures shall be proposed within the scope of authority; notification and request for cooperation in handling responsibility according to the law shall be made to the agencies and local authorities where the relevant party resides.

Article 29. Handling of persons with meritorious service under the management of the Ministry of National Defense who are enjoying preferential treatment but commit crimes

1. In cases where persons committing crimes as stipulated in Clause 1 and Clause 2, Article 44 of the Ordinance on Preferential Treatment for Persons with Meritorious Service are arrested and detained, the political organs shall coordinate with the financial organs of subordinate units under the Ministry of National Defense to notify the managing unit to suspend preferential treatment from the month immediately following the decision on detention.

2. In cases where persons have been convicted, the Commander or Political Commissar of Military Region (for objects managed by the Military Region) or the Director of the Policy Department/General Political Department (for units within their jurisdiction) shall be responsible for:

a) Issuing a decision to temporarily suspend the enjoyment of preferential treatment for persons committing crimes as stipulated in Clause 1, Article 44 of Ordinance No. 04/2012/UBTVQH13 during the period of serving the criminal sentence from the month immediately following the date when the judgment becomes legally effective. Issuing a decision to resume the enjoyment of preferential treatment from the month immediately following the decision of the competent authority that the criminal sentence has been fully served.

b) Issuing a decision to terminate the enjoyment of preferential treatment for persons committing crimes as stipulated in Clause 2, Article 44 of Ordinance No. 04/2012/UBTVQH13 from the month immediately following the date when the judgment becomes legally effective.

Article 30. Organization of Medical Expertise Boards at various levels

1. The Medical Expertise Board shall only conduct expertise for cases referred by the Political Department of the Military Region (for objects within the jurisdiction of the Military Region) or the Policy Department/General Political Department (for objects of units within their jurisdiction) after they have reviewed the files and introduced them; they shall only examine and conduct expertise on injuries and illnesses recorded in the injury certificate or illness certificate. The Medical Expertise Board must organize public meetings to conduct expertise and conclude the percentage of work capacity reduction due to injuries and illnesses as the basis for policy resolution.

2. The Chairman of the Medical Expertise Board is responsible for conducting examinations and expertise according to the regulations on medical expertise and the table of injury and illness percentages as prescribed by law; strictly and meticulously implementing procedures, regulations, and transparency regarding the results (receiving files, examining, expertise; determining the percentage of injuries; convening consultation meetings and concluding the percentage of injuries, recording minutes, compiling, registering file management); not allowing errors or corruption; reporting to the immediate superior about the results of the Medical Expertise Board's expertise in each round or individual cases.

3. The Department of Military Medicine/Military Ministry is responsible for directing medical expertise work within its jurisdiction; providing professional guidance in expertise work. Taking the lead and coordinating with relevant agencies to develop plans and implement inspection and supervision work (regular and spot checks) for Medical Expertise Boards at various levels.

Chapter V

IMPLEMENTATION

Article 31. Responsibilities of agencies and units

1. Documents in the file confirming persons with meritorious service must be established according to the prescribed procedures, formalities, and authorities as stipulated in this Circular.

2. Subordinate units under the Ministry of National Defense:

a) Direct the establishment of files confirming persons with meritorious service in the unit and receiving files transferred from other agencies and units; manage and implement policies for persons with meritorious service within their jurisdiction.

b) Direct and coordinate with relevant agencies, departments, and local authorities to disseminate the procedures and formalities of the file according to the guidelines in this Circular to officials and the people to supervise and implement.

Article 32. Transitional Provisions

1. Files requesting confirmation of persons with meritorious service that have been established and received death certificates, injury certificates, or illness certificates before the effective date of Decree No. 31/2013/NĐ-CP need not re-establish procedures and files as prescribed in this Circular.

2. Files of persons with meritorious service that have been established but have not yet received death certificates, injury certificates, or illness certificates before the effective date of Decree No. 31/2013/NĐ-CP shall be returned by the agency or unit to the agency, unit, or subject or relative of the subject to supplement and complete and implement according to the procedures and formalities for confirmation as prescribed in this Circular.

Article 33. Sources of funds for implementation

1. The monthly allowance payment, one-time allowance for beneficiaries, and funds to ensure management work under the authority of the Ministry of National Defense shall be guaranteed from the State budget in accordance with current regulations.

2. Contents of funds to ensure management work include: Propaganda and dissemination of policies; training and professional development; review, examination, and abstracting of files; printing of documents and forms; office supplies; procurement and minor repairs of equipment serving work, reviews, examinations, and file management; summaries and final reports.

3. The maximum expenditure level to ensure the work of reviewing, examining, perfecting, and abstracting files of persons who have rendered meritorious service to the revolution, which falls under the responsibility of the Ministry of National Defense, is twenty thousand VND (VND 20,000) per case, including four levels of review and examination of files, funded from the State budget allocated for management work, to be announced annually by the Ministry of National Defense.

Article 34. Effective Date

1. This Circular takes effect from December 22, 2013.

2. Repeals Circular No. 166/2006/TT-BQP dated September 28, 2006, issued by the Minister of National Defense guiding procedures, file formats, recognition authorities, and procedures for compiling files of persons who have rendered meritorious service to the revolution (military sector).

Article 35. Responsibility for Implementation

1. The Chief of General Staff, Director of the Political General Department, Commanders of agencies and units, and related individuals are responsible for implementing this Circular.

2. During the implementation process, if there are any difficulties, agencies, units, and localities shall promptly report them to the Ministry of National Defense (through the Policy Bureau of the Political General Department) for consideration and resolution./.