Decree No. 242/SL 1948 supplements and amends certain provisions of Decree No. 20-SL 1947 on war disability pensions and survivor benefits for the families of deceased soldiers. This document provides more detailed regulations regarding the beneficiaries of war disability pensions, the degree of disability, and the allowances for children, as well as the maintenance payments to the families of deceased soldiers.
적용 범위
Military personnel belonging to the National Army of Vietnam who are disabled during their service; relatives of military personnel who are disabled or deceased.
핵심 사항
- War veterans are military personnel who have been disabled due to combat, performing official duties, or rescuing people (Article 1).
- War disability pension is not calculated based on years of service but only depends on the degree of disability from 5% to 100%, specifically defined in the decree of the Minister of War Invalids and Veterans (Article 2).
- War veterans with a disability rate of 50% or higher, if they have eligible children, will be granted allowances for each child, every three months (Article 3).
- Deceased soldier is a military personnel who received temporary war disability pension and then died due to old wounds (Article 4).
- The relatives of deceased soldiers include parents, spouse, and children, who will be granted survivor benefits at specific levels as defined in the decree of the Minister of War Invalids and Veterans (Article 5).
🌐 이 문서의 사회적 영향
- To provide better economic conditions for war veterans and the families of deceased soldiers.
- To contribute to social stability after the war by supporting the families of military personnel who were disabled or sacrificed.
- To address shortcomings in Decree No. 20-SL 1947, making the implementation of war disability pensions and survivor benefits clearer.
❓ 자주 묻는 질문
How do war veterans receive war disability pensions?
War disability pension is not calculated based on years of service but only depends on the degree of disability from 5% to 100%, specifically defined in the decree of the Minister of War Invalids and Veterans (Article 2).
Are war veterans with a disability rate of 50% or higher entitled to allowances for their children?
Yes, if they have eligible children, they will be granted allowances for each child, every three months (Article 3).
Who is a deceased soldier?
A deceased soldier is a military personnel who received temporary war disability pension and then died due to old wounds (Article 4).
전문
DECREE
NUMBER: 242 DATE: OCTOBER 12, 1948
CHAIRMAN OF THE VIETNAMESE DEMOCRATIC REPUBLIC GOVERNMENT
Pursuant to Decree No. 20-SL dated February 16, 1947 establishing "Pension for Disability" and "Survivor's Pension for Military Personnel and Civil Servants Who Died in Service";
At the proposal of the Minister of Veterans Affairs, the Minister of National Defense, and the Minister of Finance;
After consulting with the Standing Committee of the National Assembly and after the Council of Ministers has agreed;
ISSUES THE DECREE:
Article 1
Article 2, Chapter I of Decree No. 20-SL dated February 16, 1947 is hereby supplemented as follows:
"Military personnel belonging to the Vietnam National Army, if during their service, they are wounded or disabled due to combat with enemy forces, due to performing official duties, due to dedication to a public cause, or due to saving one or more people, shall be considered Disabled Soldiers and entitled to a disability pension."
Article 2
Article 3, Chapter I of Decree No. 20-SL dated February 16, 1947 is hereby amended as follows:
"The disability pension does not depend on the length of military service but is based solely on the severity of the disability determined by the Medical Board of the Ministry of National Defense."
The current monthly disability pension for three months according to the degree of disability set out in the following three items applies to:
1- Soldiers and non-commissioned officers,
2- Officers and senior officers,
3- Generals.
Disabilities are classified into degrees (ranging from 5% to 100%).
The amounts of the disability pensions will be determined by a decree of the Minister of Veterans Affairs after consultation with the Minister of National Defense and the Minister of Finance.
Article 3
Article 5, Chapter I of Decree No. 20-SL dated February 16, 1947 is hereby amended as follows:
"Military personnel who have been disabled by 50% or more, if they meet the conditions stipulated in Article 8 below, will be eligible for a family allowance regardless of whether they receive a permanent or temporary disability pension. The family allowance for each dependent child, paid every three months, will be determined by a decree of the Minister of Veterans Affairs after consultation with the Minister of National Defense and the Minister of Finance."
Article 4
Article 6, Chapter II of Decree No. 20-SL dated February 16, 1947 is hereby supplemented as follows:
"Military personnel who have received a temporary disability pension for a period of time and then died due to old wounds, after being examined and certified by a doctor, shall be considered Fallen Soldiers."
Article 5
Article 7, Chapter II of Decree No. 20-SL dated February 16, 1947 is hereby amended as follows:
"Parents, spouse, and children of Fallen Soldiers shall be entitled to survivor's pension. The amount of the survivor's pension for the spouse, children, and parents will be determined by a decree of the Minister of Veterans Affairs after consultation with the Minister of National Defense and the Minister of Finance."
Article 14, Chapter III of Decree No. 20-SL dated February 16, 1947 is hereby amended as follows:
Article 6
"The issuance of such pensions will be determined by a joint decree of the Minister of Veterans Affairs and the Minister of Finance."
Article 15, Chapter III of Decree No. 20-SL dated February 16, 1947 is hereby amended as follows:
, Clause 1, Clause 2 Article 7a of this Regulation.
"A joint decree of the Ministries of Veterans Affairs, National Defense, and Finance will determine the implementation of this decree."
Article 16, Chapter III of Decree No. 20-SL dated February 16, 1947 is hereby amended as follows:
Article 8
"The Ministers of Veterans Affairs, National Defense, and Finance shall implement this decree."
The disability pension or survivor's pension for the dependents of Fallen Soldiers cannot be sold or deducted except in the following cases:
Article 9
a) If the person receiving the disability pension or survivor's pension owes the government or must pay for their own food or medical expenses, only one quarter of the amount they receive can be deducted each month;
b) If the person must provide maintenance for a relative such as a parent, spouse, or child, only one quarter of the amount they receive can be deducted each month.
The two quarters mentioned above may be combined and deducted once per month.
The Ministers of Veterans Affairs, National Defense, and Finance shall implement this decree.
Article 10
Ho Chi Minh
(Signed)
(Signed)
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