Decree No. 210/2004/ND-CP on the regime of allowances and preferential subsidies for persons who have rendered meritorious service to the revolution

DECREE

Regulations on Subsidies and Preferential Allowances

for persons who have rendered meritorious service to the revolution

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to Ordinance No. 1994/PL-UBT dated August 29, 1994 on Preferential Treatment for Persons Engaged in Revolutionary Activities, Martyrs, and Families of Martyrs, War Invalids, and Those Who Have Contributed to the Revolution;

Pursuant to Resolution No. 17/2003/QH11 dated November 4, 2003 on the State Budget Project for 2004 and Resolution No. 19/2003/QH11 dated November 26, 2003 on the Tasks of the Eleventh National Assembly in 2004;

At the proposal of the Minister of Labor, Invalids and Social Affairs,

DECREE:

Article 1. Provisions on Standards and Criteria for Determining Subsidies and Allowances and the Amounts of Subsidies and Allowances

1. The standard for determining monthly preferential subsidies and allowances for persons who have contributed to the revolution as stipulated in this Decree is 292,000 VND.

2. This standard shall be adjusted in accordance with the average living standards published by the General Statistics Office and the reform roadmap for preferential subsidies for persons who have contributed to the revolution.

3. Attached to this Decree are tables of monthly preferential subsidies and allowances for each category of persons who have contributed to the revolution, including:

- Table of monthly preferential subsidies and allowances for persons who have contributed to the revolution;

- Table of disability subsidies for war invalids and those receiving benefits equivalent to war invalids;

- Table of disability subsidies for military personnel injured in work-related accidents.

Article 2. Subsidy System

1. Funeral Subsidy

Persons who have contributed to the revolution as specified in Article 1 of the Ordinance on Preferential Treatment for Persons Who Have Contributed to the Revolution, who are entitled to monthly preferential subsidies and allowances and revolutionary activists or anti-war activists captured and detained by the enemy without entitlement to social insurance benefits, upon death, the individual or organization responsible for funeral arrangements shall receive a funeral subsidy of 2,400,000 VND.

2. One-time Subsidy After Death

Persons who have contributed to the revolution as specified in Article 1 of the Ordinance on Preferential Treatment for Persons Who Have Contributed to the Revolution, who are entitled to monthly preferential subsidies and allowances, upon death, their relatives shall receive a one-time subsidy equal to three months' worth of preferential subsidies and allowances of the deceased.

3. Preferential Subsidy in Education and Training

Students, if they do not receive salary or living expenses while attending a course lasting one year or more at national education institutions or boarding schools for ethnic minorities, and if they fall under any of the following categories, shall be entitled to a preferential subsidy of 292,000 VND per person per month.

a) Heroes of the Armed Forces, Labor Heroes; war invalids, and those receiving benefits equivalent to war invalids;

b) Children of martyrs, children of activists before the August 1945 Revolution; children of Heroic Mothers, children of Heroes of the Armed Forces, and children of Labor Heroes;

c) Children of war invalids, children of disabled veterans, and children of those receiving benefits equivalent to war invalids with a labor capacity reduction of 61% or more.

Article 3. Funding for implementation

The state budget shall ensure funding for the implementation of the preferential subsidies and allowances stipulated in this Decree.

Article 4. Effective date

1. The preferential subsidies and allowances prescribed in this Decree shall take effect from October 1, 2004.

2. This Decree shall come into force fifteen days after its publication in the Official Gazette.

3. The provisions of this Decree replace the provisions of Clause 3, Article 1, Article 2 of Decree No. 27/CP dated May 23, 1993; Article 66 and Clause 1, Article 76 of Decree No. 28/CP dated April 29, 1995; Clause b, Article 1 of Decree No. 06/CP dated January 21, 1997; Clause 4, Article 1 of Decree No. 175/1999/NĐ-CP dated December 15, 1999; Clause 4, Article 1 of Decree No. 77/2000/NĐ-CP dated December 15, 2000, and Clause 4, Article 1 of Decree No. 03/2003/NĐ-CP dated January 15, 2003.

Article 5. Responsibility for Implementation

1. The Minister of Labor - Invalids and Social Affairs shall be responsible for guiding the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.