Joint Circular No. 21/2008/TTLT-BQP-BLDTBXH-BTC amends and supplements Joint Circular No. 191/2005/TTLT-BQP-BLDTBXH-BTC dated December 7, 2005 of the Ministry of National Defense, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Finance guiding the implementation of Decision No. 290/2005/QD-TTg dated November 8, 2005 on the regime and policies for certain individuals directly participating in the resistance war against America to save the country but not yet enjoying the policies of the Party and the State.

JOINT CIRCULAR

Amending and supplementing Circular Joint No. 191/2005/TTLT-BQP-BLDTBXH-BTC dated December 7, 2005 issued by the Ministry of National Defense, Ministry of Labor-Social Affairs and War Invalids, and Ministry of Finance guiding the implementation of Decision No. 290/2005/QD-TTg dated November 8, 2005 on the regime and policies for certain individuals directly participating in the resistance war against America to save the country but not yet enjoying the policies of the Party and State

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Pursuant to Decision No. 188/2007/QD-TTg dated December 6, 2007 of the Prime Minister (hereinafter referred to as Decision No. 188/2007/QD-TTg) amending and supplementing Decision No. 290/2005/QD-TTg dated November 8, 2005 of the Prime Minister on the regime and policies for certain individuals directly participating in the resistance war against America to save the country but not yet enjoying the policies of the Party and State (hereinafter referred to as Decision No. 290/2005/QD-TTg), the Ministry of National Defense, Ministry of Labor-Social Affairs and War Invalids, and Ministry of Finance guide the amendment and supplementation of some points of Circular Joint No. 191/2005/TTLT-BQP-BLDTBXH-BTC dated December 7, 2005 (hereinafter referred to as Circular No. 191/2005/TTLT-BQP-BLDTBXH-BTC) as follows:

I. ADDING OBJECTS AND TIME PERIODS FOR ENJOYING THE REGIMETHẢONH CHẾ ĐỘ

1. Adding objects entitled to enjoy the regime

a) Adding objects entitled to enjoy the regime once according to the guidance at Point 1.1, Clause 1, Section II, Part I of Circular No. 191/2005/TTLT-BQP-BLDTBXH-BTC, including:

- Sub-officers, soldiers, police officers participating in combat and activities in the B, C, K battlefields from July 1954 to April 30, 1975, but without relatives who must be directly supported in the North;

- Village (ward) cadres operating in the South, directly participating in the resistance war against America to save the country from July 1954 to April 30, 1975.

b) Adding objects entitled to enjoy the regime once according to the guidance at Point 1.1, Clause 1, Section III, Part I of Circular No. 191/2005/TTLT-BQP-BLDTBXH-BTC, including: Village and hamlet guerrillas in the South directly participating in the resistance war against America to save the country from July 1954 to April 30, 1975, who have returned home and currently do not belong to the category of people working and participating in mandatory social insurance or enjoying retirement benefits, disability benefits, or monthly labor capacity loss benefits.

2. Adding time periods for enjoying the regime according to the guidance at Point 2.1, Clause 2, Section III of Circular No. 191/2005/TTLT-BQP-BLDTBXH-BTC for concentrated militia directly participating in the resistance war against America to save the country belonging to seven border villages north of the Ben Hai River along the 17th parallel (including the villages: Vinh Giang, Vinh Quang, Vinh Thanh, Vinh Lam, Vinh Son, Vinh O, Vinh Ha) and five villages within the demilitarized zone (including the villages: Vinh Tan, Vinh Thach, Vinh Hoa, Vinh Hien, Vinh Thuy) of Vinh Linh District, Quang Tri Province, to be calculated for enjoying a one-time allowance from July 1954 until their dissolution and return home.

II. CALCULATION METHOD FOR ENJOYING THE REGIME

The calculation method for enjoying the regime shall be implemented according to the guidance in Circular No. 191/TTLT-BQP-BLDTBXH-BTC, now supplemented with the following points:

1. For the objects mentioned in Clauses 1 and 2 of Section I, if they have already been counted for enjoying one-time regimes under the provisions of Decree No. 23/1999/NĐ-CP dated April 15, 1999 of the Government or Decision No. 290/2005/QD-TTg of the Prime Minister, then the total time for enjoying the regime shall be reduced by the time already enjoyed for one-time benefits before (including the time already rounded off). The remaining time shall be calculated according to the prescribed level of enjoyment.

Example 1: Mr. Nguyen Van A was conscripted in April 1967 as a sub-officer and soldier, and was promoted to the rank of deputy lieutenant in September 1972. From the date of conscription to April 30, 1975, he fought in the Southern battlefield, without relatives who must be directly supported in the North. Mr. Nguyen Van A has already been counted for enjoying a one-time benefit for the period from September 1972 to April 30, 1975, which is 2 years and 8 months (according to the provisions of Decision No. 290/2005/QD-TTg).

The additional calculation for enjoying a one-time benefit of Mr. Nguyen Van A according to Decision No. 188/2007/QD-TTg is as follows:

- Total time participating in the resistance war against America in the Southern battlefield from April 1967 to April 30, 1975 is 8 years and 1 month.

- Time already counted for enjoying a one-time benefit for the period from September 1972 to April 1975 is 2 years and 8 months (rounded off to 3 years).

- Remaining time for enjoying a one-time benefit is 5 years and 1 month (8 years and 1 month minus 3 years).

- Amount to be enjoyed is: 5 years and 1 month calculated as 5.5 years multiplied by 500,000 dong = 2,750,000 dong (Two million, seven hundred fifty thousand dong).

Example 2: Mr. Nguyen Van B participated in village guerrilla activities from February 1957 to May 1962, and from June 1962 to October 1967, he switched to participate in village guerrilla activities in the Southern battlefield against America. He has already been counted for enjoying a benefit for the period from June 1962 to October 1967, which is 5 years and 5 months (according to the provisions of Decision No. 290/2005/QD-TTg).

The additional calculation for enjoying a one-time allowance of Mr. Nguyen Van B according to Decision No. 188/2007/QD-TTg is as follows:

- Total time participating in guerrilla activities from February 1957 to October 1967 is 10 years and 9 months.

- Time participating in village guerrilla activities already counted for enjoying a benefit is 5 years and 5 months (rounded off to 5.5 years = 5 years and 6 months).

- Remaining time for enjoying a one-time benefit is 5 years and 3 months (10 years and 9 months minus 5 years and 6 months).

- Amount to be enjoyed is: 5 years and 3 months calculated as 5.5 years multiplied by 400,000 dong = 2,200,000 dong (Two million, two hundred thousand dong).

Example 3: Mr. Tran Van C participated in concentrated militia activities in Vinh Giang Commune, Vinh Linh District, Quang Tri Province from June 1958 to February 1971 when he returned home. He has already been counted for enjoying a one-time allowance for the period from August 1964 to February 1971, which is 6 years and 7 months (according to the provisions of Decision No. 290/2005/QD-TTg).

The additional calculation for enjoying a one-time allowance of Mr. Tran Van C according to Decision No. 188/2007/QD-TTg is as follows:

- Total time participating in concentrated militia activities against America to save the country from June 1958 to February 1971 is 12 years and 9 months.

- The period for which the one-time allowance has been enjoyed from August 1964 to February 1971 (as stipulated in Decision No. 290/2005/QĐ-TTg) is 6 years and 7 months (which has been calculated as 7 years).

- The remaining period for which the one-time allowance can be enjoyed is 5 years and 9 months (12 years and 9 months minus 7 years).

- The amount to be enjoyed is: 5 years and 9 months calculated as 6 years multiplied by 400,000 dong = 2,400,000 dong (Two million four hundred thousand dong).

2. In cases where the subject participated in the anti-American resistance campaign in zones B, C, and K as both civilian militia and guerrillas, as well as non-commissioned officers, soldiers, personnel on salary, and village (ward) cadres, or belongs to two or more of these categories, the one-time allowance shall be calculated separately for each phase of work according to the corresponding level of enjoyment as guided in Section II and III, Part I of Circular No. 191/TTLT-BQP-BLĐTBXH-BTC. The specific calculation method is as follows:

- Divide the time spent participating in the anti-American resistance into two groups: the group of time spent as civilian militia and guerrillas and the group of remaining time spent in the anti-American resistance belonging to the B, C, K beneficiary category.

- Subtract the previously enjoyed benefit period according to the corresponding category from the total time of each group as specified in clause 1 above.

- Then calculate the one-time allowance for the remaining time in each group and accumulate the total amount to be enjoyed.

3. In cases where individuals belonging to the B, C, K beneficiary category have died, the period for which the one-time allowance is calculated corresponds to the time spent in the anti-American resistance.

III. DOCUMENTS AND PROCEDURES FOR REVIEWTO ENJOY THE BENEFIT REGIME.

Supplement some points regarding the documents, procedures, and review process as follows:

1. For subjects who only have time participating in the anti-American resistance campaign as non-commissioned officers, soldiers, police, and village (ward) cadres as guided in clauses 1 and 2 of Section I of this Circular, the documents, procedures, and review process shall be carried out according to the guidance provided in Circular No. 191/2005/TTLT-BQP-BLĐTBXH-BTC.

2. For cases that fall under the provisions of Decree No. 23/1999/NĐ-CP or Decision No. 290/2005/QĐ-TTg, and are also supplementary beneficiaries under Decision No. 188/2007/QĐ-TTg, and now establish documents to implement the regime, the documents, procedures, and review process shall be carried out according to the guidance provided in Circular No. 191/2005/TTLT-BQP-BLĐTBXH-BTC. When establishing documents, declare all periods eligible for the one-time allowance according to the regulations.

In these cases, in the list of beneficiaries (forms 9B, 9C attached to Circular No. 191/2005/TTLT-BQP-BLĐTBXH-BTC) at the note column, clearly record the number of years for the one-time allowance as concentrated guerrillas (form 9B), or the number of years for the B, C, K allowance (form 9C).

3. For cases where the subjects have already received benefits or established documents to enjoy benefits according to Decree No. 23/1999/NĐ-CP or Decision No. 290/2005/QĐ-TTg, and are now supplemented to enjoy benefits according to Decision No. 188/2007/QĐ-TTg, the following shall be implemented:

a) If the subject's working time was as a non-commissioned officer, soldier, police, and village (ward) cadre, then establish supplementary documents including: Personal declaration form (according to form 2A-1) or Relative declaration form (according to form 2B-1); photocopy of the decision on one-time allowance according to Decree No. 23/1999/NĐ-CP or Decision No. 290/2005/QĐ-TTg (if the allowance has been paid); supplementary list (according to form 9B-1); review process and other documents as prescribed in Circular No. 191/2005/TTLT-BQP-BLĐTBXH-BTC.

b) If the subject's working time was as a village (ward) militia, then establish supplementary documents including: Personal declaration form (according to form 3A-1) or Relative declaration form (according to form 3B-1); photocopy of the decision on one-time allowance according to Decree No. 23/1999/NĐ-CP or Decision No. 290/2005/QĐ-TTg (if the allowance has been paid); supplementary list (according to form 9C-1); review process and other documents as prescribed in Circular No. 191/2005/TTLT-BQP-BLĐTBXH-BTC.

4. In cases where the original file has sufficiently proven the participation in the anti-American resistance to calculate the benefit according to the regulations, the file only needs to include the personal declaration form (or relative declaration form); certified copy of original documents by the People's Committee of the commune (ward); request letter and consolidated list of the People's Committee of the commune (ward).

IV. SOURCE OF FUNDS TO IMPLEMENT THE POLICY

Amend Clause 3, Section V, Part I of Circular No. 191/2005/TTLT-BQP-BLĐTBXH-BTC as follows:

1. The funds allocated for the one-time allowance payment for B, C, K beneficiaries will be 3% of the total funds allocated for the one-time allowance payment of the beneficiaries. The funds for management, implementation of health insurance, funeral expenses will be carried out according to the current regulations on social insurance.

2. The expenditure for the one-time allowance payment for beneficiaries includes: fees for paying allowances to beneficiaries; reviewing and verifying documents; publicity and dissemination of policies; training and capacity building; mid-term and final reviews; printing forms, documents for management; purchasing and minor repairs of office equipment and supplies for the payment process. The expenditure levels are carried out according to the current regulations of the State.

V. IMPLEMENTATION

Supplement the responsibilities and procedures for implementation by agencies, units, and localities as guided in Part III of Circular No. 191/2005/TTLT-BQP-BLĐTBXH-BTC as follows:

1. In cases where the subject worked in multiple fields, the final field of work during the anti-American resistance campaign shall be the basis for assigning the review and decision-making on the allowance according to Circular No. 191/2005/TTLT-BQP-BLĐTBXH-BTC.

2. For village (ward) cadres operating in the South participating in the anti-American resistance campaign as stipulated in point a, clause 1 of Section I of this Circular, the Provincial (City) Party Standing Committee shall base on the position of each type of village (ward) in the locality during the resistance, instruct relevant departments, sectors, party committees, and administrative bodies at all levels to examine, compile, and decide on each case to enjoy the benefit. Assign levels to establish documents and carry out the review and decision-making on the benefit according to the guidance in Circular No. 191/2005/TTLT-BQP-BLĐTBXH-BTC and this Circular.

3. Each level shall strictly review each individual in a public manner, in accordance with the procedures set forth in Circular No. 191/2005/TTLT-BQP-BLDTBXH-BTC and this Circular; base on the results of previous reviews to clearly determine the time already enjoyed under the benefit regime of the individual and calculate additional enjoyment time; at the same time, retain the list for monitoring to avoid duplicate benefits.

For village, ward levels; communes (wards), when organizing public reviews, invite representatives of those who work together and now reside in the area, and representatives of individuals in the same field of work who have previously received benefits to attend.

Cases with original files or clear review files shall be reviewed beforehand; unclear cases shall continue to be verified and reviewed later. If the conditions for enjoying the benefit regime are not met, inform the individual clearly.

4. Amend paragraph d, point 1.4, Clause 1, Part III of Circular No. 191/2005/TTLT-BQP-BLDTBXH-BTC (regarding the responsibilities of the People's Committee of provinces and cities) as follows: Issue a decision to enjoy a one-time benefit regime for individuals who are cadres, civil servants, party members, commune (ward) cadres, and voluntary youth workers within their jurisdiction and scope of resolution.

5. Amend paragraph e, point 1.4, Clause 1, Part III of Circular No. 191/2005/TTLT-BQP-BLDTBXH-BTC (regarding the responsibilities of the People's Committee of provinces and cities) as follows: Compile the list and budget for implementing the one-time benefit regime and send it to the Ministry of Labor, Invalids and Social Affairs for verification before sending to the Ministry of Finance for funding; direct the payment of the benefit regime to the individual and settle financial accounts according to current regulations.

6. Amend Clause 3, Part IV of Circular No. 191/2005/TTLT-BQP-BLDTBXH-BTC (regarding the responsibilities of the Ministry of Labor, Invalids and Social Affairs) as follows: Direct the labor, invalids, and social affairs system to cooperate with local departments, organizations, and mass associations to review and compile lists for the Chairman of the People's Committee of the province (city) to issue decisions on one-time benefit regimes, health insurance regimes, funeral expenses, and material and spiritual support regimes for individuals; verify and settle accounts for the budget implementation of the benefit regime for individuals managed by the labor, invalids, and social affairs sector according to the guidelines for subsidizing funds delegated to persons with meritorious service to the revolution.

7. The Ministry of National Defense and the Ministry of Labor, Invalids and Social Affairs are responsible for verifying the decisions on one-time benefit regimes of units and localities, compiling requests for the Ministry of Finance to allocate funds, and compiling settlement of accounts for funds in accordance with the State Budget Law and current guiding documents.

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

In the course of implementation, if there are difficulties, please report them to the relevant ministries for consideration and resolution./.