Circular No. 24/1999/TT-BLDTBXH guides the payment of one-time allowances to persons who participated in the national liberation war.

CIRCULAR

Guidelines for disbursing one-time allowances

to persons who participated in the national liberation war

Pursuant to Article 1 of Decree No. 66/1999/NĐ-CP dated August 7, 1999 of the Government, detailing the implementation of the Ordinance amending Article 21 of the Ordinance on preferential treatment for those engaged in revolutionary activities, martyrs, and their families, war invalids, disabled veterans, those who participated in the resistance war, and those who have contributed to the revolution, the Ministry of Labor, Invalids, and Social Affairs provides detailed guidance on the payment of a one-time allowance for those who participated in the resistance war as follows:

After receiving comments from the Ministry of Finance in Document No. 4888TC/HCSN dated September 27, 1999, the Ministry of Labor, Invalids, and Social Affairs provides specific guidance on the payment of a one-time allowance for those who participated in the resistance war as follows:

I. OBJECTS AND SCOPE OF APPLICATION

1\. Recipients: Those who participated in the resistance war as defined in Article 1 of Decree No. 66/1999/NĐ-CP dated August 7, 1999 of the Government shall be entitled to a one-time allowance calculated based on their years of participation in the resistance war.

2\. Scope:

Those who participated in the resistance war and were awarded medals or commendations for their overall achievements during the resistance war, reaching the age of 60 or older for males and 55 or older for females, but have not yet received a resistance war allowance, shall be entitled to a one-time allowance calculated based on their years of participation in the resistance war.

II\. AMOUNT OF ONE-TIME ALLOWANCE

Those who participated in the resistance war shall be entitled to a one-time allowance calculated based on their years of participation in the resistance war, with each year of participation entitling them to VND 120,000. In cases where the period of participation includes months, periods of six months or more shall be counted as one year, while periods less than six months shall be counted as half a year.

III\. DOCUMENTATION AND PROCEDURES

1\. Individuals participating in the resistance war as specified in Section I of this Circular shall fill out a personal declaration form (Form No. 1), which must be certified regarding their awards for overall achievements during the resistance war and the duration of their participation in the resistance war:

+ For individuals who have retired and are receiving retirement benefits: the labor, invalids, and social affairs authority shall base their certification on the retirement, disability, or veteran benefit files (or files currently managed by the social insurance agency) to certify the individual's declaration.

+ For individuals who have not retired from their jobs but are party members: the competent party committee shall base its certification on the individual's party member file to certify the individual's declaration.

+ For individuals who have not retired and are not party members: the district or county award and commendation authority shall base its certification on the files of awards for overall achievements during the resistance war to determine the duration of participation in the resistance war and certify the individual's declaration (in cases where the award and commendation authority does not have its own seal, the People's Committee Office at the same level shall authenticate the signature of the certifier).

+ For individuals currently employed in agencies or units: the head of the agency or unit shall, within their authority, base their certification on the personnel files currently held by the agency or unit to compile a list and certify the individual's declaration according to the guidelines stipulated in Circular No. 12/1999/TT-BLĐTBXH dated April 12, 1999 of the Ministry of Labor, Invalids, and Social Affairs, and transfer it to the District or County Labor, Invalids, and Social Affairs Office where the individual works or resides (if they have ceased employment).

2\. The District or County Labor, Invalids, and Social Affairs Office shall receive the declarations certified regarding awards for overall achievements during the resistance war and the duration of participation in the resistance war submitted by the commune or relevant agencies and units, verify the information to ensure accuracy, and compile a list according to the prescribed content (Form No. 2), reporting to the Provincial or Municipal Department of Labor, Invalids, and Social Affairs.

3\. The Provincial or Municipal Department of Labor, Invalids, and Social Affairs:

- Shall receive, review, and approve the lists of individuals participating in the resistance war submitted by the District or County Labor, Invalids, and Social Affairs Office (or the Organizational Labor Social Affairs Office), compile a list (Form No. 2). This list shall be made in two copies: one copy retained at the department, one copy sent to the District or County Labor, Invalids, and Social Affairs Office.

Lists of individuals participating in the resistance war who were awarded before January 1, 1995 and those awarded from January 1, 1995 onwards shall be compiled separately.

- Shall submit the list of individuals participating in the resistance war eligible for a one-time allowance to the Chairman of the Provincial or Municipal People's Committee for approval and decision.

- Shall prepare five consolidated reports (Form No. 3) and send three copies to the Ministry of Labor, Invalids, and Social Affairs.

- Based on the approval of the Chairman of the Provincial or Municipal People's Committee, the Director of the Provincial or Municipal Department of Labor, Invalids, and Social Affairs shall issue a decision on the payment of a one-time allowance for each individual (Form No. 4); the decision shall be made in two copies (one copy retained with the file at the department, one copy sent to the recipient).

- Shall organize the payment of the one-time allowance to the recipients and settle accounts according to current regulations.

IV. IMPLEMENTATION

1\. The Minister of Labor, Invalids, and Social Affairs delegates the approval and decision-making authority for the list of individuals participating in the resistance war eligible for a one-time allowance to the Chairman of the Provincial or Municipal People's Committee. The Provincial or Municipal People's Committees shall direct the Provincial or Municipal Department of Labor, Invalids, and Social Affairs and related agencies to implement the payment of the allowance as stipulated in this Circular.

2\. The Provincial or Municipal Departments of Labor, Invalids, and Social Affairs shall be responsible for guiding, reviewing files, planning, and organizing the payment of a one-time allowance for those who participated in the resistance war.

3\. The funding for the payment of a one-time allowance for those who participated in the resistance war shall be provided by the central budget and delegated to localities according to the annual budget.

4\. Monthly and quarterly reporting requirements:

By the 20th of each month (for monthly reports) and by the 25th of the last month of each quarter (for quarterly reports), the Provincial or Municipal Departments of Labor, Invalids, and Social Affairs shall submit three copies of the consolidated report to the Ministry of Labor, Invalids, and Social Affairs (Department of War Veterans and Persons with Meritorious Service).

The Ministry of Labor, Invalids, and Social Affairs will only notify subsequent funding to provinces and cities that have reported quarterly and monthly settlements as required.

5\. This Circular takes effect from August 22, 1999.

Files of individuals participating in the resistance war received by the Provincial or Municipal Department of Labor, Invalids, and Social Affairs before August 31, 1999, but not yet paid, shall also be processed according to the provisions of this Circular.

During the implementation of this Circular, if any difficulties arise, it is requested that the People's Committees of provinces and centrally-administered cities promptly report to the Ministry of Finance for study and resolution./.

6\. The payment of a one-time allowance for individuals participating in the resistance war under the jurisdiction of the Ministry of Defense and the Ministry of Public Security shall be guided by the Ministry of Defense and the Ministry of Public Security after coordinating with the Ministry of Labor, Invalids, and Social Affairs.

During implementation, if any difficulties arise, the ministries, sectors, and localities are requested to report to the Ministry of Labor, Invalids and Social Affairs for timely consideration and resolution./.