Circular No. 25/2000/TT-BLDTBXH guiding the payment of one-time allowances for persons who participated in the national liberation war.

CIRCULAR

Guidelines for disbursing one-time allowances to persons who participated in the national liberation war

Implementing Decree No. 47/2000.NĐ-CP dated September 12, 2000 of the Government detailing the implementation of the Ordinance amending Article 21 of the Ordinance on preferential treatment for revolutionary activists, martyrs and their families, wounded veterans, disabled veterans, persons who participated in the resistance war, and those who assisted the revolution, dated February 14, 2000.

After consolidating opinions with relevant ministries and sectors, the Ministry of Labor, Invalids and Social Affairs provides specific guidelines for disbursing one-time allowances to persons who participated in the resistance war as follows:

I-OBJECTS:

1. Persons who participated in the resistance war and were awarded State medals or commendations for their overall achievements in the resistance war, who are still alive or died from January 1, 1995 onwards;

2. Persons who participated in the resistance war and were awarded State medals or commendations for their overall achievements in the resistance war, who are currently receiving monthly resistance allowances up to December 31, 2000.

II - CALCULATION OF YEARS OF PARTICIPATION IN THE RESISTANCE WAR:

1. Years of participation in the resistance war are calculated based on the actual number of years of participation in the resistance war, excluding years converted for awarding medals or commendations for the resistance war.

The actual number of years of participation in the resistance war is uniformly calculated within the period from August 19, 1945, the day of the general uprising, to April 30, 1975, the day of national unification.

2. After rounding off the number of years of participation in the resistance war, if there are remaining months, then from six months to less than twelve months are counted as one year, and less than six months are counted as six months.

In cases where the start date of participation in the resistance war cannot be determined, it shall be calculated from July 1 of that year.

Example 1: Mr. Pham Van K continuously participated in the resistance war from August 19, 1945 to April 30, 1975. Mr. K has 29 years, 8 months, and 11 days of actual participation in the resistance war, which is counted as 30 years.

Example 2: Ms. Tran Thi H continuously participated in the resistance war from January 1965 to April 30, 1975. Ms. H has 10 years and 4 months of actual participation in the resistance war, which is counted as 10 years and 6 months.

III - IMPLEMENTATION OF DISBURSING ONE-TIME ALLOWANCES:

1. Persons who participated in the resistance war and have not yet received allowances as stipulated in Point 1, Section I of this Circular shall receive VND 120,000 for each year of participation in the resistance war.

2. Persons who participated in the resistance war and are currently receiving monthly resistance allowances as stipulated in Point 2, Section I of this Circular shall switch to receiving one-time allowances from January 2001. The remaining years of participation in the resistance war for each person are calculated by subtracting the number of years and months already receiving monthly allowances from the actual number of years of participation in the resistance war. Each remaining year of participation in the resistance war shall receive VND 120,000.

Example 1: Mr. Pham Van K has 30 years of actual participation in the resistance war. Mr. K has been receiving monthly resistance allowances from January 1995 to December 2000, totaling 6 years. Mr. K's one-time allowance is calculated as follows:

Remaining years of participation in the resistance war: 30 years - 6 years = 24 years;

One-time allowance: VND 120,000 x 24 years = VND 2,880,000.

Example 2: Mr. Nguyen Van P has 16 years of actual participation in the resistance war. Mr. P has been receiving monthly resistance allowances from October 1997 to December 30, 2000, totaling 3 years and 3 months (rounded to 3 years and 6 months). Mr. P's one-time allowance is calculated as follows:

Remaining years of participation in the resistance war: 16 years - 3 years and 6 months = 12 years and 6 months.

One-time allowance: VND 120,000 x 12 years and 6 months = VND 1,500,000.

Example 3: Ms. Tran Thi H has 10 years and 6 months of actual participation in the resistance war. Ms. H has been receiving monthly resistance allowances from March 1999 to December 31, 2000, totaling 1 year and 10 months (rounded to 2 years). Ms. H's one-time allowance is calculated as follows:

Remaining years of participation in the resistance war: 10 years and 6 months - 2 years = 8 years and 6 months.

One-time allowance: VND 120,000 x 8 years and 6 months = VND 1,020,000.

3. If a person who participated in the resistance war dies from January 1, 1995 onwards and has not yet received any allowance, the one-time allowance shall be claimed and received by the spouse (husband/wife), children, biological parents, or the person who raised the participant in the resistance war. (The criteria for eligible relatives shall be applied as for the main relatives of martyrs).

4. If a person who participated in the resistance war receives monthly allowances until December 2000 and the number of years already received exceeds the actual number of years of participation in the resistance war, no refund will be required.

5. For persons who participated in the resistance war and receive one-time allowances upon death, if they are not receiving salaries, pensions, or long-term disability allowances, funeral expenses shall be handled according to the following provisions:

a- If the person who participated in the resistance war is alone without support, the organization shall implement funeral expenses according to Circular No. 18/2000/TT-BLĐTBXH dated July 28, 2000 of the Ministry of Labor, Invalids and Social Affairs guiding the implementation of Decree No. 07/2000.NĐ-CP dated March 9, 2000 of the Government.

b- Persons who participated in the resistance war and are in the category of poor households shall be supported with funeral expenses from the local budget according to the guidance of the People's Committee of the province or centrally-administered city where the object resides.

IV - PROCEDURES AND DOCUMENTS:

1. Persons who participated in the resistance war as stipulated in Point 1, Section I of this Circular shall directly fill out personal application forms (Form No. 1) and have the level of commendation for overall achievements in the resistance war and the actual number of years of participation in the resistance war certified according to the following procedures:

a- For those who have retired and are receiving social insurance benefits, the social insurance file management agency (or the former unit) shall certify based on the files under management or the original retirement decision document kept by the individual.

b- For those who are not retired but are party members, the direct party committee shall certify based on the files or party member records.

c- For those who are not retired and are not party members, they shall submit the application form to the People's Committee of the commune; the People's Committee of the commune shall certify based on the files or lists of commendations for overall achievements in the resistance war; in cases where the commune does not retain files or lists, the commune shall compare with the district-level commendation agency.

The People's Committee of the commune shall base on the declaration of each individual to establish a list (Form No. 2) accompanied by a letter sent to the Department of Labor, War Invalids and Social Affairs or the Department of Organizational Labor and Social Affairs (hereinafter referred to collectively as the Department of Labor, War Invalids and Social Affairs).

The Department of Labor, War Invalids and Social Affairs shall receive the declarations and lists transferred by the People's Committee of the commune, establish a list (Form No. 3) accompanied by a letter sent to the Department of Labor, War Invalids and Social Affairs of the province or city at the same time report to the People's Committee of the same level.

d- For individuals working at agencies and units: the head of the agency or unit shall base on the personnel files kept at the agency or unit to certify the declaration of each individual, then establish a list (Form No. 2) accompanied by a letter requesting transfer to the Department of Labor, War Invalids and Social Affairs where the individual works to initiate procedures for reporting to the Department of Labor, War Invalids and Social Affairs.

2. Persons engaged in resistance activities as stipulated in Point 2, Section I of this Circular:

The Department of Labor, War Invalids and Social Affairs of the district shall continue to pay monthly allowances until December 2000 while checking and handling errors and adjusting promptly increases or decreases due to death, relocation, reception, changes in allowances, etc.; complete the list of persons engaged in resistance activities receiving monthly allowances who will switch to receiving one-time resistance allowances from January 1, 2001 (Form No. 4) and send it to the Department of Labor, War Invalids and Social Affairs, and simultaneously report to the People's Committee of the same level.

3. Department of Labor, War Invalids and Social Affairs:

Examine and approve the list of persons engaged in resistance activities receiving one-time allowances transferred by the Department of Labor, War Invalids and Social Affairs. Summarize and submit to the Chairman of the Provincial People's Committee for decision on one-time allowances (Form No. 5) according to the number of persons engaged in resistance activities receiving allowances.

Prepare five consolidated reports (Form No. 6) and send them to the Ministry of Labor, War Invalids and Social Affairs three copies accompanied by a letter to coordinate with the Ministry of Finance to announce the budget allocation.

The Director of the Department of Labor, War Invalids and Social Affairs shall organize the payment of one-time allowances directly to the recipients based on the allocated budget and implement accounting settlement in accordance with current regulations.

V- IMPLEMENTATION:

1. The Minister of Labor, War Invalids and Social Affairs delegates the Chairman of the Provincial People's Committee to direct and decide on the payment of one-time allowances for persons engaged in resistance activities as stipulated in this Circular.

2. The Director of the Department of Labor, War Invalids and Social Affairs is responsible for guiding, inspecting, examining procedures, files, lists, organizing the payment of allowances, and retaining files for persons engaged in resistance activities.

3. The source of funds for the payment of one-time allowances for persons engaged in resistance activities is provided by the Central Budget as prescribed in Point 3, Article 6 of Decree No. 47/2000/ND-CP dated September 12, 2000.

Before January 20, 2001, the People's Committees of provinces and centrally-administered cities shall report to the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Finance about the funding for the payment of allowances for persons engaged in resistance activities receiving monthly allowances who will switch to receiving one-time allowances, and forecast the implementation capacity according to this Circular.

The Ministry of Labor, War Invalids and Social Affairs shall notify the budget when the province or city has reported as prescribed.

4. Persons engaged in resistance activities who wish to move from their place of residence or work to another province or city shall be resolved for one-time allowances (if they have not yet received allowances) or be resolved to receive from January 1, 2001 (if they are switching from monthly allowances to one-time allowances).

5. Any issues related to rewards concerning the implementation of this Circular shall be examined and resolved by the Reward and Commendation Agencies at all levels and sectors following the guidance of the National Institute of Reward and Commendation.

6. This Circular takes effect from September 27, 2000.

Abolish the provisions regarding persons engaged in resistance activities stipulated in Point 8, Section II, Part A of Circular No. 22/LDTBXTT dated August 29, 1995; Point 3 of Circular No. 25/LDTXH dated September 28, 1995; Circular No. 12/TT-BLDTBXH dated April 12, 1999 and Circular No. 24/1999/LDTBXH dated October 5, 1999 issued by the Ministry of Labor, War Invalids and Social Affairs.

During the process of implementation, if there are any difficulties, please reflect them to the Ministry of Labor, War Invalids and Social Affairs for timely guidance and resolution./.

  Form No. 1

SOCIALIST REPUBLIC OF VIETNAM

- Office of the President of the StateIndependence - Freedom - Happiness.

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Date Month Year

DECLARATION OF PERSONS ENGAGED IN RESISTANCE ACTIVITIES

Full name date of birth:...

Date of birth:...

Place of origin:...

Place of residence:...

Date of participation in resistance activities:...

Actual years of participation in resistance activities:...

Summary of awards for resistance achievements:

Order of Victory Class Medal of Victory Class

Order of Resistance Against France Class Medal of Resistance Against France Class

Order of Resistance Against America Class Medal of Resistance Against America Class

Certification

Declaration signer

(Signature and full name)

Based on file..., biography..., file

award list currently managed at...

................................................................................

certify Mr./Ms....

has...years...months of actual participation in resistance activities

Awarded...

(Major Technical Specifications and Other Information)

Signature, stamp

RESISTANCE ACTIVITY PARTICIPATION PROCESS

(For non-detached individuals who are not party members)

I solemnly declare that the above declaration is true. If false, I will fully bear responsibility under the law.

Declared at...

Date...month...year...

Declaration signer

(Signature and full name)