Circular No. 25/2007/TT-BLDTBXH guiding additional implementation of preferential treatment for persons who have rendered meritorious service to the revolution

CIRCULAR

Supplemental Guidelines on Implementing Preferential Treatment for Those Who Have Contributed to the Revolution

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Pursuant to Decree No. 54/2006/NĐ-CP dated May 26, 2006 of the Government guiding the implementation of certain Articles of the Ordinance on Preferential Treatment for Those Who Have Contributed to the Revolution;

Following Circular No. 07/2006/TT-LDTBXH dated July 26, 2006 and Circular No. 02/2007/TT-LDTBXH dated January 16, 2007 of the Ministry of Labor-Social Affairs and War Invalids, the Ministry of Labor-Social Affairs and War Invalids now supplements the following provisions:

1. Issuing death certificates for those who died before October 1, 2005 but have not been confirmed as martyrs in the following cases:

a. The deceased was recorded as a martyr in documents such as: death notices from battlefields; Orders of Merit, Medals; certificates for wearing Orders of Merit, Medals; Honor Boards; Boards of Honorable Families or historical records of the Party at the commune, ward, town level or higher.

b. The deceased died in combat or directly served in combat and was honored by the people and local authorities with burial in a martyrs' cemetery (with confirmation from the Department of Labor-Social Affairs and War Invalids managing the grave).

2. Issuing certificates of injury for those injured before October 1, 2005 but have not received disability benefits in the following cases:

The injured person has wounds recorded in original documents such as: officer profiles, Party member profiles, military personnel profiles established before January 1, 1995; transfer injury forms, hospital transfer forms when injured; medical records during treatment for injuries; discharge papers when injured.

3. Persons affected by Agent Orange during the resistance war and their children are exempted from some procedures and documents when establishing files as follows:

a. Persons affected by Agent Orange who are also war invalids, persons receiving benefits equivalent to war invalids, disabled veterans, or persons receiving benefits due to loss of labor capacity are exempted from assessing the degree of reduction in labor capacity.

b. Persons affected by Agent Orange who are also war invalids or disabled veterans due to spinal injuries resulting in paralysis of both lower limbs do not need a sterility certificate from a hospital.

c. Persons affected by Agent Orange who have spouses (or partners) but are sterile or had children before going to the battlefield and did not have more children after returning and are now past retirement age (women aged 55; men aged 60) do not need a sterility certificate from a hospital.

d. Health assessment is not conducted for the children of persons affected by Agent Orange; instead, actual deformities and disabilities are used to determine allowances:

- Persons with severe deformities and disabilities who cannot independently manage daily living activities receive allowance level 1 (VND 470,000 per month according to Decree No. 32/2007/NĐ-CP dated March 2, 2007 of the Government).

- Persons with deformities and disabilities that render them unable to work and significantly reduce their ability to manage daily living activities receive allowance level 2 (VND 238,000 per month according to Decree No. 32/2007/NĐ-CP dated March 2, 2007 of the Government).

4. Persons who contributed to the revolution during the resistance war and were awarded Orders or Medals of Resistance but have since passed away without receiving benefits:

Their relatives are entitled to a one-time allowance as stipulated for relatives of those who contributed to the revolution and died before January 1, 1995 (as provided in Clause 7 Section B Table No. 01 attached to Decree No. 32/2007/NĐ-CP dated March 2, 2007 of the Government).

5. Persons who have contributed to the revolution and are currently receiving preferential treatment who commit crimes:

Persons who have contributed to the revolution and are currently receiving preferential treatment who are sentenced to more than five years in prison, with the execution period of the sentence extending beyond September 30, 2005, are eligible for reconsideration and resolution to resume preferential treatment according to Article 33 and Article 34 of Decree No. 54/2006/NĐ-CP dated May 26, 2006 of the Government. The date of allowance commencement is calculated from the date of the Allowance Resumption Decision.

6. Responsibility for establishing martyr files:

6.1. Central Ministries, Departments, State Economic Groups, State Corporations 91 (collectively referred to as central agencies), provinces, centrally-administered cities having individuals who died in service are responsible for:

a. Establishing files in accordance with Point 1.1, 1.2 Clause 1 Section II Part I of Circular No. 07/2006/TT-LDTBXH dated July 26, 2006 of the Ministry of Labor-Social Affairs and War Invalids.

b. Preparing a report (Form No. 3-LS5) along with a list to submit to the Prime Minister for issuance of the "National Commendation Certificate" to be sent to the Ministry of Labor-Social Affairs and War Invalids.

c. The Ministry of Labor-Social Affairs and War Invalids receives, submits to the Prime Minister for decision to award the "National Commendation Certificate," and forwards it to the central agency or provincial-level agency where the deceased individual served.

d. The agency with the deceased individual transfers the "National Commendation Certificate" along with the martyr file to the Department of Labor-Social Affairs and War Invalids where the martyr's family resides.

6.2. Department of Labor-Social Affairs and War Invalids:

a. Receiving martyr files transferred from various agencies.

b. Issuing decisions to provide certificates of families of martyrs and pension payments; preparing payment vouchers for relatives of martyrs and storing files according to regulations.

c. Forwarding the "National Commendation Certificate," decisions to provide certificates of families of martyrs and pension payments to the Social Affairs Office or Civil Affairs and Social Services Office (hereinafter collectively referred to as the Social Affairs Office) for coordination with the People's Committee at the commune level to announce death and implement preferential policies.

7. Procedures for reissuing the "National Commendation Certificate":

a. For those who died and were issued a National Commendation Certificate by the Minister of Defense or a National Gratitude Certificate by the Minister of War Invalids: The Department of Labor-Social Affairs and War Invalids receives the certificate (original), prepares a list (accompanied by a report for submission by the Chairman of the Provincial People's Committee to the Prime Minister) to be forwarded to the Ministry of Labor-Social Affairs and War Invalids for issuance of the "National Commendation Certificate".

b. The issuance of the "National Commendation Certificate" shall be carried out for cases where the "National Commendation Certificate" is damaged, torn, infested with pests, or lost; the issuance of the "National Commendation Certificate" shall not be conducted en masse. The Department of Labor, Invalids, and Social Affairs shall examine the files, compile a list, write the "National Commendation Certificate" along with a report to send to the Ministry of Labor, Invalids, and Social Affairs (the Veterans and Those Affected by War Affairs Department) for consolidation and submission for the issuance of the "National Commendation Certificate".

8. The handling of benefits for disabled veterans or civil servants who have retired due to loss of working capacity while also being recognized as war invalids or persons treated as war invalids (collectively referred to as war invalids):

8.1. For cases where the degree of work capacity reduction due to illness and the degree of work capacity reduction due to injury have been separately assessed:

Preferential treatment shall be implemented according to Decree No. 54/2006/NĐ-CP dated May 26, 2006 of the Government.

8.2. For cases where the degree of work capacity reduction due to illness and the degree of work capacity reduction due to injury have been combined in the assessment:

a. Civil servants with actual working time of 20 years or more, or less than 20 years of actual working time but having continuously served in the military or police for at least 15 years, and concurrently recognized as war invalids with a work capacity reduction degree due to injury of 21% or more, shall be entitled to two allowances: loss of working capacity and injury.

b. Civil servants with actual working time under 20 years and recognized as war invalids shall be entitled to both allowances simultaneously if, after deducting the work capacity reduction degree due to injury, the remaining work capacity reduction degree due to illness or disease is 61% or more. If, after deducting the work capacity reduction degree due to injury, the remaining work capacity reduction degree due to illness or disease is less than 61%, they may choose to receive one of the two allowances: loss of working capacity or injury.

c. Disabled veterans with continuous service in the military or police for 15 years or more, or less than 15 years of continuous service in the military or police but with total actual working time before that period amounting to 20 years or more, and concurrently recognized as war invalids with a work capacity reduction degree due to injury of 21% or more, shall be entitled to two allowances: disabled veteran and injury.

d. Disabled veterans with service in the military or police under 15 years shall be entitled to both allowances simultaneously if, after deducting the work capacity reduction degree due to injury, the remaining work capacity reduction degree due to illness is 41% or more. If, after deducting the work capacity reduction degree due to injury, the remaining work capacity reduction degree due to illness is less than 41%, they may choose to receive one of the two allowances: disabled veteran or war invalid.

8.3. The application of preferential treatment shall be applied to files established prior to and from January 1, 1995 onwards.

8.4. The date of receiving additional allowance shall be calculated from the date the Director of the Department of Labor, Invalids, and Social Affairs issues the allowance decision.

9. Effective Date:

This Circular replaces Clause 2 Section II Part I Circular No. 07/2006/TT-BLDTBXH dated July 26, 2006 and Point 3 Circular No. 02/2007/TT-BLDTBXH dated January 16, 2007 of the Ministry of Labor, Invalids, and Social Affairs.

This Circular shall take effect 15 days after its publication in the Official Gazette.

During implementation, if there are any difficulties, localities and units should promptly reflect them to the Ministry of Labor, Invalids, and Social Affairs for consideration and resolution./.