Circular No. 22-LDTBXH/TT guiding procedures for establishing and managing files of persons who have rendered meritorious service to the revolution

CIRCULAR

OF THE MINISTRY OF LABOR, INVALIDS AND SOCIAL AFFAIRS

Guidelines on procedures for establishing

and managing files of persons who have rendered meritorious service to the revolution

Implementing Decree No. 28/CP dated April 29, 1995 of the Government on preferential policies for persons who have rendered meritorious service to the revolution.

The Ministry of Labor, Invalids and Social Affairs provides guidelines on procedures, files, and management work as follows:

A. Principles and Procedures for Establishing Confirmation Files

I. General Principles:

1. Files are legal documents used as a basis for confirmation, management, and implementation of policies and regimes for persons who have rendered meritorious service to the revolution. The files must include all documents prescribed by the head of the competent managing agency or unit, signed and clearly stating the name and position of the signatory (no photocopies, no signing by proxy, no pre-stamped signatures...).

2. Documents within the files must be prepared according to standardized forms and formats; they must contain complete and clear content without erasures or alterations; they should not be written in multiple ink colors or different types of handwriting. To ensure accuracy, agencies and units must base their actions on original documents, reliable evidence, and thoroughly verify and investigate specific incidents before issuing papers.

3. Individuals currently receiving preferential benefits whose management files are already fully established by the policy management agency need not re-establish them as stipulated in this circular.

4. For files of persons who have rendered meritorious service to the revolution while serving in active duty, the Ministry of Defense and the Ministry of Public Security shall provide detailed regulations after coordinating with the Ministry of Labor, Invalids and Social Affairs.

II. File Procedures:

1. Files of individuals engaged in revolutionary activities prior to August 1945:

In accordance with Article 6 of the Decree.

The establishment of files for individuals engaged in revolutionary activities prior to August 1945 shall continue to follow the guidelines of the Central Organization Department.

2. For individuals engaged in revolutionary activities from January 1, 1945 to before the August 1945 General Uprising, in accordance with Article 9 of the Decree.

a- Personal declaration form.

b- Confirmation letter issued by the provincial party committee, municipal party committee, or the Central Party Cadre Committee of ministries, sectors, and mass organizations.

c- Decision on additional allowance and certificate issuance form issued by the Chairman of the People's Committee of the province or city where the individual engaged in revolutionary activities resides.

3. Files of martyrs and families of martyrs, in accordance with Article 12 of the Decree.

a- Death notice issued by the agency or unit where the individual served before sacrificing, as follows:

For military personnel: issued by the head of the brigade level or higher, following the guidance of the Ministry of Defense.

For public security personnel: issued by the head of the public security sector at the provincial or municipal level directly under the central government or higher, following the guidance of the Ministry of Public Security.

For militia, guerrillas, self-defense forces, village cadres, and civilians: issued by the People's Committee at the district or equivalent level.

For civil servants and employees: issued by the head of the agency, organization, enterprise directly under the central government (Bureau, Department, Institute, State-owned Enterprise, Joint Venture Enterprise...); the head of the agency, organization, or enterprise at the provincial or municipal level directly under the central government (such as Bureau, Department, Sector...); or the People's Committee at the district or equivalent level, depending on the hierarchical management of the agency, organization, or enterprise of the central government, province, city, or district.

For volunteers, civilian workers: issued by the head of the agency, unit, or organization managing and using such individuals at the provincial or municipal level, brigade level, or higher, or the People's Committee at the district or equivalent level.

For cases of sacrifice or loss of contact for a long time where the original agency or unit no longer exists, the death notice shall be issued by the superior agency managing the original agency or unit.

b- Certificate of family situation of martyrs issued by the People's Committee of the commune or ward, guided by the Department of Labor, Invalids and Social Affairs.

c- Decision on assistance; certificate issuance form and assistance issued by the Department of Labor, Invalids and Social Affairs.

d- In addition to the above file, depending on the circumstances of the martyr's sacrifice, other documents may include:

Incident report if the sacrifice was due to performing urgent tasks, serving national defense and security duties, or fighting various types of crimes, issued by the agency or unit managing the individual.

Confirmation of special 100% salary allowance.

Medical records, death certificates from hospitals or community health centers, disability files if the martyr died due to a recurrence of wounds.

e- For cases of sacrifice, loss of contact, or disappearance before December 31, 1994, as stipulated in Article 23 of the Decree, now being reviewed and resolved under the post-war policy backlog, the following must be provided:

Declaration form of the martyr's family.

Verification and recommendation report of the Martyr Recognition Council of the commune or ward where the martyr's family resides or where the martyr worked and sacrificed, lost contact, or disappeared.

Recommendation confirmation of the Labor, Invalids and Social Affairs Office or the Military Command of the district or county.

4. Files of Heroes of the Armed Forces, Mothers of Vietnam's Heroes, and Labor Heroes, in accordance with Article 24 of the Decree.

Copy of the certificate awarding the hero title.

Decision on assistance; certificate issuance form and assistance issued by the Chairman of the People's Committee of the province or city or by the Director of the Department of Labor, Invalids and Social Affairs authorized to issue.

5. Files of disabled veterans and persons entitled to benefits similar to those of disabled veterans, in accordance with Article 26 of the Decree.

a- Certificate of injury (issued by the authority as prescribed for the agency or unit issuing the death notice).

b- Disability assessment report issued by authorized medical assessment councils.

c- Decision on assistance, certificate issuance form and disability assistance issued by the People's Committee of the province or city directly under the central government where the individual resides, or by the Department of Labor, Invalids and Social Affairs of the province or city directly under the central government, if authorized by the People's Committee of the province or city.

d- Disability certificate (for veterans confirmed as disabled in the military or police upon discharge).

e- In addition to the above file, depending on the circumstances of the injury, other documents may include:

Incident report issued by the agency managing the individual for cases of injury due to bravery in performing urgent tasks for national defense and security or fighting various types of crimes.

Confirmation of the place where the individual received a special 100% salary allowance.

In cases where individuals were captured, imprisoned, and tortured by the enemy due to revolutionary activities or anti-war resistance, resulting in physical injuries (with tangible damage), they must accompany their documents as stipulated for the file of individuals involved in revolutionary activities or anti-war resistance who were captured and imprisoned by the enemy as specified in Point 7 below.

g- Individuals injured before January 1, 1995 with tangible wounds that are considered for resolution under the post-war policy, their files must include the following documents:

+ A declaration from the injured individual detailing their activities and injury, accompanied by confirmation and recommendation from the People's Committee of the commune or ward or the workplace.

+ Decision on demobilization, discharge, or transfer.

+ Relevant certificates such as injury certification, injury transfer form, discharge certificate, treatment file, or health status form.

In cases where original certificates are unavailable:

+ For military personnel and public security officers, including those who have been discharged, the Ministry of National Defense and the Ministry of Public Security shall provide guidance on handling.

+ For other forces:

Certificate from two comrades who fought together or performed duties together, confirmed by the immediate unit leader and recognized by the People's Committee of the commune or ward or the Department of Labor, Invalids, and Social Affairs, based on the biography and file of the certifier (not merely confirming the signature of the certifier).

Minutes of review and recommendation by the Verification Board at the commune or ward where the individual resides or by the Verification Board at the workplace.

6. File of war invalids: pursuant to Article 43 of the Decree.

Medical illness certificate issued by the military medical authority and approved by the battalion commander, provincial-level public security authority head, or equivalent.

Medical examination report issued by the authorized Military or Public Security Medical Examination Council.

Decision on issuing the war invalid certificate and allowance by the management authority of military personnel or public security officers upon discharge.

7. File of individuals involved in revolutionary activities or anti-war resistance who were captured and imprisoned by the enemy: pursuant to Article 53 of the Decree.

Individual Declaration Form.

Copy of the cadre biography or retirement file, disability file, or party member biography (for those who left active service or are party members).

Official conclusion by the competent authority regarding the period of imprisonment (if applicable).

Confirmation by the Prison Liaison Association (for those who did not leave active service or are not party members).

In cases where there is no Prison Liaison Association, confirmation by two individuals detained in the same prison must be provided, which must be authenticated by the relevant authority or local government based on documents, verified by the security agency regarding political attitude in prison, biography of the witness, and evaluation minutes by the Verification Board after release.

One-time allowance decision issued by the Chairman of the Provincial or Municipal People's Committee or by the Director of the Department of Labor, Invalids, and Social Affairs authorized to issue.

8. File of individuals involved in national liberation anti-war resistance: pursuant to Article 58 of the Decree.

Individual Declaration Form.

Declaration of commendation summary during the anti-war resistance or extract of the commendation list with the decision number provided by the commendation authority (for those who did not leave active service or are not party members).

Copy of the cadre biography or party member biography confirmed by the competent authority or party committee (for those still working or not leaving active service but are party members), or copy of the retirement file, disability file (for those retired).

Photograph (reduced size) of the Medal or Badge or photograph of the certificate of wearing the Medal or Badge (if lost or not yet awarded, it should be clearly stated in the personal declaration).

Application for One-Time Allowance (if applicable).

Allowance decision; certificate issuance and allowance form issued by the Chairman of the Provincial or Municipal People's Committee or by the Director of the Department of Labor, Invalids, and Social Affairs authorized to issue.

9. File of individuals who assisted in revolutionary activities: pursuant to Article 60 of the Decree.

Declaration of activity process and achievements in assisting revolutionary activities.

Minutes of confirmation and recommendation by the Verification Board at the commune or ward.

Copy of the "Meritorious Service to the Nation" award or War Merit Medal.

Allowance decision; certificate issuance and allowance form issued by the Chairman of the Provincial or Municipal People's Committee or by the Director of the Department of Labor, Invalids, and Social Affairs authorized to issue.

10. Death file: pursuant to Articles 6, 14, 39, and 51 of the Decree.

Death certificate issued by the hospital or the People's Committee of the commune or ward.

War invalid file or war veteran file.

Notice of death.

Certificate of family situation issued by the People's Committee of the commune or ward (similar to the certificate of family of martyrs).

Allowance decision; certificate issuance and allowance form issued by the Director of the Department of Labor, Invalids, and Social Affairs of the province or city.

B. Issuing Certificates and Managing Files

Persons with Merit in the Revolutionary Struggle

Up until now, the verification and issuance of certificates for individuals benefiting from preferential policies for those who have contributed to the revolution have been managed by various agencies. To ensure accurate, consistent, and appropriate implementation of policies for those who have contributed to the revolution in light of new circumstances, the Ministry of Labor, Invalids, and Social Affairs has made the following regulations:

I. Types of Certificates and Management of Numbers on Certificates

Certificates for individuals who have contributed to the revolution.

1. Types of certificates:

The Ministry of Labor, Invalids, and Social Affairs will uniformly issue the following types of certificates:

Certificate for individuals involved in revolutionary activities prior to August 1945.

Certificate for families of martyrs.

Certificate for war invalids.

Certificate for individuals receiving benefits similar to war invalids.

Certificate for war veterans.

Certificate for individuals who have contributed to revolutionary activities.

Certificate for families of deceased war invalids or war veterans.

2. Management of numbers on certificates:

The Ministry of Labor, Invalids, and Social Affairs will uniformly manage the numbers on certificates for individuals who have contributed to the revolution.

For individuals who have contributed to the revolution and are currently serving, the Ministry of National Defense and the Ministry of Public Security will coordinate with the Ministry of Labor, Invalids, and Social Affairs on the reception, management, and use of these certificates.

For persons who have rendered service to the revolution and are currently serving, the Ministry of National Defense and the Ministry of Public Security shall coordinate with the Ministry of Labor, Invalids, and Social Affairs regarding the acceptance, management, and utilization of this certificate.

II. Registration and Management of Files for Persons Who Have Rendered Service to the Revolution.

1. Procedures for receiving and registering management of files of persons who have rendered meritorious service to the revolution transferred from the military and police.

When military personnel and public security officers are discharged, their units shall provide them with two sets of sealed files to submit to the Department of Labor, Invalids and Social Affairs. In cases that have been confirmed before the issuance of this circular, if there is only one file, the unit shall make a copy to supplement.

The Departments of Labor, Invalids and Social Affairs of provinces and cities are responsible for receiving, registering, managing files, and processing procedures to resolve benefits for persons who have rendered meritorious service to the revolution introduced by the military and police to localities according to the following methods:

Completing all procedures for files of subjects handed over by the military and police; organizing registration into the management list of districts and counties and the Department according to a unified model of the Ministry of Labor, Invalids and Social Affairs.

Keeping one file and sending one original file back to the Ministry of Labor, Invalids and Social Affairs, clearly noting the discharge date, current address, and the date of continued allowance.

Issuing a monthly allowance book to the subject.

Organizing management and implementing state regulations for the subject.

Any requests or complaints regarding confirmation content or file content issued by the military and police shall be directed by the Ministry of Defense and the Ministry of Public Security for resolution.

2. Procedures for registering and managing files of persons who have rendered meritorious service to the revolution under the responsibility of the Department of Labor, Invalids and Social Affairs.

In accordance with the classification of the Ministry and the authorization of the People's Committee of the centrally governed city or province, the Departments of Labor, Invalids and Social Affairs are responsible to the People's Committee of the province or centrally governed city and to the Ministry for guiding and directing work on confirmation, inspection of files, issuance of certificates, registration and management, and resolution of benefits for persons who have rendered meritorious service to the revolution within their jurisdiction.

After completing the confirmation of the subject, if the file complies with regulations and has complete procedures, the Department of Labor, Invalids and Social Affairs shall proceed with the registration and management procedures:

+ Recording the locality code, file type code, local management number, and filling out the file registration form (according to the model).

+ Sending one set of files to the Ministry for retention, sending one decision, one certificate issuance application form, and one allowance form. For martyrs, an additional death notice shall be sent.

After verification, if it is found to be valid, the Ministry will assign a number to record on the certificate and return the decision, certificate issuance application form, and death notice (for martyrs) to the Department for retention and implementation of the regime.

+ The Department issues a certificate to the subject.

+ Registering in the management list of districts, counties, and the Department (according to a unified model of the Ministry).

+ Resolving benefits for the subject.

In cases where there are difficulties in confirmation, it is necessary to direct and guide the Confirmation Councils at various levels to examine each specific case. If there are still inconsistent opinions, the Department of Labor, Invalids and Social Affairs must issue a document stating its position and submit it to the People's Committee for decision.

3. Management work and responsibilities at various levels:

Files serve as the basis for managing and implementing policies for subjects enjoying policy benefits, serving as the basis for organizing exploitation to serve the planning work of the sector, and are legal documents for resolving complaints from subjects. Therefore, files must be carefully preserved and protected to avoid damage or loss.

The entity managing and retaining files is the central level and provincial level (which may be county level if authorized by the provincial department).

To ensure strict and accurate management of subjects, localities need to develop plans to review and supplement all elements and documents to ensure the legality of the files and management.

Provincial Departments of Labor, Invalids and Social Affairs must establish registers to manage lists according to different types of subjects. The register must record all necessary elements in the file, regularly monitoring and updating changes in the status of subjects.

Directing districts, counties, communes, and wards to establish strict management registers for subjects enjoying policy benefits in their areas, promptly reporting changes so that the Department can adjust in a timely manner.

Establishing statistical registers of the number of subjects and detailed situations of each subject enjoying policy benefits, and periodically reporting to the Ministry (according to prescribed forms).

4. Procedures for transferring and receiving subjects:

Persons who have rendered meritorious service to the revolution are managed and enjoy preferential treatment in their place of permanent residence.

To ensure smooth transfer of subjects enjoying policy benefits, the Departments of Labor, Invalids and Social Affairs of provinces and centrally governed cities should pay attention to the following points:

In cases where subjects who have rendered meritorious service to the revolution wish to move to another province or centrally governed city, they must submit a request letter, clearly stating the reasons for the move, with confirmation from the commune or ward police station and the district or county Labor, Invalids and Social Affairs office.

a- Place of departure: After verifying complete procedures, the Department of Labor, Invalids and Social Affairs shall issue:

+ A transfer introduction letter and allowance payment letter, indicating the type of allowance, the amount currently received, the last month and year of allowance paid, and requesting the Department of Labor, Invalids and Social Affairs at the destination to continue issuing allowances from which month and year.

+ Accompanying the entire file of the subject held by the Department (for relatives of martyrs, if someone is still managing and receiving allowances, send a copy of the file).

In cases where the subject wishes to move but the file is not available at the Department, the Department must first request the Ministry to extract the file and send it back before proceeding with the transfer procedure (do not introduce the subject to the Ministry to request extraction of the file).

Before proceeding with the transfer procedure, the allowance must be settled for the subject (such as one-time allowance, any arrears, etc.) before introducing them to the new locality.

+ After completing the transfer procedure, the Department shall issue a notification form to the Ministry (content similar to a file registration form for easy tracking and management).

b. Place of arrival:

The Department of Labor, Invalids and Social Affairs at the destination shall record the locality code, management number, and retain the file.

Registering in the management list of subjects.

Implementing benefits according to general regulations.

5. Regulations on file codes and locality codes (annexed), recorded specifically as follows:

The file number is recorded in the top right corner, with all letters in uppercase. The local administrative unit code is written first, followed by a slash, then the type of file code for the subject, followed by the management number assigned by the Ministry and the period code, and finally the local management number (the local management number is the confirmed subject number at the local level starting from number 01).

Example: - File of a war invalid of Hanoi.

12345:CM 1357.CP

HN/AQ …; HN/CK…

01 02

File of a revolutionary disabled veteran of Ha Tay:

1234:CM

HT/BB …

12

File of a deceased dependent of Ha Tinh province:

123

HI/TB-TT …

11

This Circular takes effect from the date of issuance. Any previous regulations concerning the procedures for establishing and managing files of persons who have rendered meritorious service to the revolution that conflict with this Circular are hereby abolished.

In the course of implementation, if there are any difficulties, localities should report them to the Ministry for consideration and guidance.