Circular No. 22/2016/TT-BLDTBXH guiding the adjustment of preferential allowances for the group of persons engaged in the resistance war affected by chemical toxins recognized and receiving allowances before September 1, 2012.

CIRCULAR

GUIDELINES FOR ADJUSTING PREFERENTIAL SUBSIDIES FOR THE GROUP OF PERSONS ACTIVELY ENGAGED IN THE RESISTANCE WAR WHO HAVE BEEN EXPOSED TO CHEMICAL WEAPONS AND ARE RECOGNIZED AND RECEIVING SUBSIDIES PRIOR TO SEPTEMBER 1, 2012

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Pursuant to OrdinanceNo. 04/2012/UBTVQH13 dated July 16, 2012 of the Standing Committee of the National Assembly on amending certain articles of the Ordinance on preferential treatment for persons with meritorious service to the revolution;Provincial public libraries perform tasks and powers as prescribed in Clause 2, Article 11, Article 38, and Article 39 of the Library Law and the following tasks and powers: sửa đổi một số Pursuant to Articleof the Ordinance onpreferential treatment for persons with meritorious service to the revolution;

Pursuant to Decree No. 106/2012/NĐ-CP dated December 20, 2012 of the Government stipulating functions, tasks, powers, and organizational structure of the Vietnam Television Station; Decree No.General Department of Political Affairs; organizational structure of the Ministry of Labor - Invalids and Social Affairs,Pursuant to the request of the Director General of the Department of Vocational Education;

82013/NĐ-CP dated April 9, 2013 of the Government detailing and guiding implementation of certain Articles of the Ordinance on preferential treatment for persons with meritorious service to the revolution;detailed implementation of certain provisions of the Ordinance on preferential treatment for persons with meritorious service to the revolution;guidance;implementation; Pursuant to Resolution

10/NQ-CP dated February 4, 2016 of the regular meeting of the Government in January 2016 and Resolution No. 04/NQ-CP dated February 4, 2015 of the regular meeting of the Government in January 2015, the Minister of Labor - Invalids and Social Affairs promulgates this Circular on Guidelines for Adjusting Preferential Subsidies for the Group of Persons Actively Engaged in the Resistance War Who Have Been Exposed to Chemical Weapons and Are Recognized and Receiving Subsidies Prior to September 1, 2012.

Implementing Resolution No. Article 1. Scope and Object of AdjustmentThis Circular provides guidelines for adjusting preferential subsidies for the group of persons actively engaged in the resistance war who have been exposed to chemical weapons and are recognized and receiving subsidies prior to September 1, 2012, based on the degree of reduction in work capacity below 81%. Thereafter, the adjustment of subsidies for persons with a reduction in work capacity from 21% to 40%, as stipulated in Clause 6, Article 42 of Decree No. 31/2013/NĐ-CP dated April 9, 2013 of the Government detailing and guiding implementation of certain Articles of the Ordinance on preferential treatment for persons with meritorious service to the revolution, will be adjusted to the subsidy level for persons with a reduction in work capacity from 41% to 60%.Article 2. Time of Adjustment, Level of Adjustment, Retroactive Payment, and Retroactive Collection of Subsidies1. Time of Adjustment: From January 1, 2013.2. Adjustment of the level of benefit from the subsidy level for persons with a reduction in work capacity from 21% to 40% (equivalent to 0.76 times the standard level) to the subsidy level for persons with a reduction in work capacity from 41% to 60% (equivalent to 1.27 times the standard level).3. The resolution of retroactive payment and collection of the difference in subsidies shall be based on the subsidy and preferential allowance levels for persons with meritorious service to the revolution during each period as prescribed by the Government, specifically:

a) From January 1, 2013 to June 30, 2013: implemented according to the provisions of Decree No. 47/2012/NĐ-CP dated May 28, 2012 of the Government on the level of subsidy and preferential allowance for persons with meritorious service to the revolution.

Persons actively engaged in the resistance war who have been exposed to chemical weapons as stipulated in Article 1 of this Circular continue to receive a subsidy of 1,840,000 VND/month (based on a reduction in work capacity below 81%); during this period, there is no difference in the subsidy level;

b) From July 1, 2013 to December 31, 2014: implemented according to the provisions of Decree No. 101/2013/NĐ-CP dated September 4, 2013 of the Government on the level of subsidy and preferential allowance for persons with meritorious service to the revolution.

Persons actively engaged in the resistance war who have been exposed to chemical weapons as stipulated in Article 1 of this Circular receive a subsidy of 1,549,000 VND/month.

In cases where the subject has received a subsidy of 927,000 VND/month (based on a reduction in work capacity from 21% to 40%), they are entitled to retroactively receive the difference in subsidy amounting to 622,000 VND/month. The amount retroactively received corresponds to the actual number of months the subject has received the 927,000 VND/month subsidy.

In cases where the subject has received a subsidy of 1,840,000 VND/month as stipulated in Decree No. 47/2012/NĐ-CP dated May 28, 2012 of the Government on the level of subsidy and preferential allowance for persons with meritorious service to the revolution, they must retroactively pay the state budget the difference in subsidy amounting to 291,000 VND/month. The amount retroactively paid corresponds to the actual number of months the subject has received the 1,840,000 VND/month subsidy, except in the case specified in Point b, Clause 4 of this Article.

c) From January 1, 2015 onwards: implemented according to the provisions of Decree No. 20/2015/NĐ-CP dated February 14, 2015 of the Government on the level of subsidy and preferential allowance for persons with meritorious service to the revolution.

Persons actively engaged in the resistance war who have been exposed to chemical weapons as stipulated in Article 1 of this Circular receive a subsidy of 1,673,000 VND/month.

In cases where the subject has received a subsidy of 1,001,000 VND/month (based on a reduction in work capacity from 21% to 40%), they are entitled to retroactively receive the difference in subsidy amounting to 672,000 VND/month. The amount retroactively received corresponds to the actual number of months the subject has received the 1,001,000 VND/month subsidy.

4. In cases where persons actively engaged in the resistance war who have been exposed to chemical weapons pass away before this Circular takes effect:

a) In cases where the subject is entitled to retroactively receive the difference in subsidy, the representative of the next of kin as stipulated in Clause 1, Article 4 of Decree No. 31/2013/NĐ-CP dated April 9, 2013 of the Government on detailed implementation and guidance on certain provisions of the Ordinance on preferential treatment for persons with meritorious service to the revolution shall receive the retroactively received difference in subsidy as stipulated in Clause 3 of this Article;

b) In cases where the subject has already received a higher subsidy level than the adjusted subsidy level as stipulated in this Article, the representative of the next of kin does not need to return the difference in subsidy.

5. After offsetting the amount retroactively received and the amount that needs to be retroactively paid to the state budget (if applicable), the labor, invalids, and social affairs authority shall implement the payment of the difference in subsidy as follows:

a) In cases where the subject is entitled to retroactively receive the difference in subsidy: The labor, invalids, and social affairs authority shall make a one-time payment to the subject together with the monthly subsidy payment, starting from the date this Circular takes effect;

b) In cases where the subject needs to retroactively pay the state budget the difference in subsidy (except in the case specified in Point b, Clause 4 of this Article): The labor, invalids, and social affairs authority shall gradually deduct the amount from the monthly subsidy payments made to the subject; the maximum monthly deduction shall not exceed 30% of the subsidy level prescribed.

4. In case a person involved in the resistance movement who was exposed to chemical toxins passes away before this Circular takes effect:

a) In cases where the subject is entitled to retroactively claim the difference in allowances, the representative of the next of kin as stipulated in Clause 1, Article 4 of Decree No. 31/2013/NĐ-CP dated April 9, 2013 of the Government detailing and guiding the implementation of certain Articles of the Ordinance on Preferential Treatment for Those Contributing to the Revolution shall be entitled to retroactively claim the difference in allowances as provided for in Clause 3 of this Article;

b) In cases where the subject has already received a higher allowance than the adjusted allowance as prescribed in this Article, the representative of the next of kin shall not be required to refund the difference in allowances.

5. After offsetting the amount to be retroactively claimed and the amount to be retroactively paid to the state budget (if any), the Department of Labor, Invalids, and Social Affairs shall implement the payment of the difference in allowances as follows:

a) In cases where the difference in allowances can be retroactively claimed: The Department of Labor, Invalids, and Social Affairs shall make a one-time payment to the subject together with the monthly allowance payment from the date this Circular takes effect;

b) In cases where the state budget must be refunded the difference in allowances (except in cases stipulated in Point b, Clause 4 of this Article): The Department of Labor, Invalids, and Social Affairs shall gradually deduct the amount from the monthly allowance payments to the subject in subsequent months; the maximum monthly deduction shall not exceed 30% of the allowance amount as prescribed.

Article 3. Source of Funding

1. The budget for implementing this Circular includes adjustments to allowances, recovery of allowance discrepancies, and management costs for beneficiaries managed by the Ministry of Labor, War Invalids and Social Affairs from the budget funds allocated for preferential policies for persons who have rendered meritorious services to the revolution, as stipulated in Joint Circular No. 47/2009/TTLT-BTC-BLDTBXH dated March 11, 2009, issued by the Ministry of Finance and the Ministry of Labor, War Invalids and Social Affairs on the issuance, management, and utilization of funds for preferential policies for persons who have rendered meritorious services to the revolution; persons directly participating in the resistance war under the management of the labor sector.

2. In 2016: Localities shall utilize the budget for implementing the Preferential Treatment Ordinance for Persons Who Have Rendered Meritorious Services to the Revolution in 2016, which has been notified to the Department of Labor, War Invalids and Social Affairs for implementation. In cases where there is a shortage of funds, localities shall compile additional funding requirements and submit them to the Ministry of Labor, War Invalids and Social Affairs for consolidation and submission to the Ministry of Finance for supplementary budget allocation according to regulations.

Article 4. Effective date

This Circular takes effect from August 15, 2016.

State-owned enterprises that have been assigned by the Ministry of Agriculture and Rural Development to conduct offshore wind power project surveys before the effective date of this Circular shall continue to implement according to the assigned documents; any new matters arising after the effective date of this Circular shall be implemented in accordance with the provisions of this Circular.

1. Provincial Departments of Labor, War Invalids and Social Affairs shall be responsible for:

a) Conducting reviews, compiling lists of beneficiaries subject to adjustment, issuing decisions on adjustments, recovering excess allowances (if applicable) in accordance with Article 2 of this Circular;

b) Preparing additional budget estimates (if applicable) and submitting them to the Ministry of Labor, War Invalids and Social Affairs (through the Planning-Finance Department and the People with Meritorious Service Bureau);

c) Reporting the implementation results to the Ministry of Labor, War Invalids and Social Affairs (through the People with Meritorious Service Bureau and the Planning-Finance Department).

2. Any issues encountered during implementation should be promptly reported to the Ministry of Labor, War Invalids and Social Affairs for consideration and resolution./.