Ordinance No. 26/2005/PL-UBTVQH11 on Preferential Treatment for Persons Contributing to the Revolution

ORDINANCE

Preferential Treatment for Those Who Have Contributed to the Revolution

_____________

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992, amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the National Assembly, tenth session;

This Ordinance stipulates the subjects, scope, conditions, criteria, preferential treatment regimes for those who have contributed to the revolution and their dependents; the responsibilities of agencies, organizations, and individuals in implementing preferential policies and regimes for those who have contributed to the revolution and their dependents.

PART I

GENERAL PROVISIONS

Article 1. This Ordinance stipulates the subjects, scope, conditions, criteria, preferential treatment regimes for those who have contributed to the revolution and their dependents; the responsibilities of agencies, organizations, and individuals in implementing preferential policies and regimes for those who have contributed to the revolution and their dependents.

Article 2. The subjects entitled to preferential treatment under this Ordinance include:

1. Those who have contributed to the revolution:

a) Persons who were engaged in revolutionary activities before January 1, 1945;

b) Individuals who engaged in revolutionary activities from January 1, 1945 to before the August 19 Revolution in 1945;

c) Martyrs;

d) Mothers of Vietnam's Heroic People;

d) National Hero of the People's Armed Forces, National Labor Hero;

e) War invalids, individuals receiving benefits equivalent to war invalids;

g) Invalids due to illness;

h) Individuals who participated in the anti-French resistance movement and were exposed to toxic chemicals;

i) Individuals who engaged in revolutionary activities or anti-French resistance movements and were captured and imprisoned by the enemy;

k) Individuals who participated in the national liberation struggle, protecting the country, and fulfilling international obligations;

l) Individuals who assisted the revolution;

2. Dependents of those who have contributed to the revolution as specified in Clause 1 of this Article.

Article 3.

1. The preferential regimes for those who have contributed to the revolution and their dependents are adjusted to fit the economic and social conditions of the country at each period.

2. Annually, the State allocates a portion of the budget to ensure the implementation of preferential regimes for those who have contributed to the revolution and their dependents.

Article 4. Those who have contributed to the revolution and their dependents are cared for, supported, and assisted by the State and the community, and depending on the subject, they enjoy the following preferential regimes:

1. Monthly allowances, monthly supplements, and one-time allowances.

The Government sets the level of monthly allowances and supplements for those who have contributed to the revolution and their dependents, ensuring it corresponds with the average consumption level of society;

2. Other preferential regimes.

Article 5.

1. State agencies, the Vietnam Fatherland Front, and its member organizations, economic organizations, social organizations, military units, and individuals have the responsibility to mobilize, care for, and assist those who have contributed to the revolution and their dependents through various practical forms and contents.

2. The Vietnam Fatherland Front and its member organizations supervise the implementation and make recommendations to competent state agencies to effectively implement the preferential policies and regimes stipulated in this Ordinance.

Article 6.

1. The Gratitude Fund is established at the central, provincial, and municipal levels; district, county, town, and city levels within provinces; commune, ward, and town levels by contributions based on responsibility and sentiment from organizations and individuals.

2. The Vietnam Fatherland Front takes the lead in mobilizing the establishment of the Gratitude Fund.

3. The Government stipulates the management and utilization regime of the Gratitude Fund.

Article 7.

1. Individuals belonging to two or more categories specified in Clause 1 of Article 2 shall be entitled to allowances and supplements for each category, other regimes shall be enjoyed at the level of one category, except for cases stipulated in Clause 5 of Article 10 and Clause 5 of Article 33 of this Ordinance.

2. If those who have contributed to the revolution participate in social insurance and die, their dependents shall be entitled to the regime paid by the Social Insurance Fund; if the pension according to the social insurance regime is lower than the pension according to the preferential regime for those who have contributed to the revolution, they shall also be entitled to the difference paid by the state budget.

Article 8. Strictly prohibited are the following acts:

1. Falsifying information or documents to obtain preferential regimes for those who have contributed to the revolution;

2. Misusing positions or powers to violate regulations or cause damage to the interests of the State or the rights of those who have contributed to the revolution;

3. Violating the principles of managing and utilizing funds to ensure the implementation of preferential regimes for those who have contributed to the revolution and the Gratitude Fund;

4. Exploiting preferential policies for those who have contributed to the revolution to violate the law.

Chapter II

CONDITIONS, STANDARDS AND PRIVILEGES

Section 1

PERSONS ENGAGED IN REVOLUTIONARY ACTIVITIES PRIOR TO JANUARY 1, 1945

Article 9.

1. Persons engaged in revolutionary activities prior to January 1, 1945 are those recognized by competent authorities as having participated in revolutionary organizations before January 1, 1945.

2. The privileges granted to persons engaged in revolutionary activities prior to January 1, 1945 include:

a) Monthly allowances;

b) Health insurance; convalescence for health recovery; provision of assistive devices and necessary orthopedic equipment;

c) Subscription to People's Newspaper; cultural and spiritual activities appropriate to their needs;

d) State support for improving housing based on their contributions and circumstances.

3. When persons engaged in revolutionary activities prior to January 1, 1945 die, the person organizing the funeral receives a lump sum allowance and funeral expenses; parents, spouse, or children receive monthly pension benefits as prescribed by the Government.

4. Children of persons engaged in revolutionary activities prior to January 1, 1945 are given priority in enrollment and employment, and are provided with educational and training benefits.

Section 2

PERSONS ENGAGED IN REVOLUTIONARY ACTIVITIES FROM JANUARY 1, 1945 TO BEFORE THE AUGUST 19 REVOLUTION IN 1945

Article 10.

1. Persons engaged in revolutionary activities from January 1, 1945 to before the August 19 Revolution in 1945 are those recognized by competent authorities as having headed a mass organization at the commune level or having been detached to engage in revolutionary activities from January 1, 1945 to before the August 19 Revolution in 1945.

2. The privileges granted to persons engaged in revolutionary activities from January 1, 1945 to before the August 19 Revolution in 1945 include:

a) Monthly allowances;

b) Health insurance; convalescence for health recovery; provision of assistive devices and necessary orthopedic equipment;

c) Subscription to People's Newspaper; cultural and spiritual activities appropriate to their needs;

d) State support for improving housing based on their contributions and circumstances, and the capacity of the state and localities.

3. When persons engaged in revolutionary activities from January 1, 1945 to before the August 19 Revolution in 1945 die, the person organizing the funeral receives a lump sum allowance and funeral expenses; parents, spouse, or children receive monthly pension benefits as prescribed by the Government.

4. Children of persons engaged in revolutionary activities from January 1, 1945 to before the August 19 Revolution in 1945 are given priority in enrollment and employment, and are provided with educational and training benefits.

5. Persons who have been recognized and received the privileges stipulated in Article 9 of this Ordinance shall not be subject to the provisions of this Article.

Section 3

MARTYRS

Article 11.

1. Martyrs are those who sacrificed their lives for the revolutionary cause of national liberation, national defense, and international duty, or for the interests of the State and the people, and were posthumously awarded the "National Commendation Certificate" under one of the following circumstances:

a) Engaging in combat or directly serving in combat;

b) Directly engaging in political struggle, organized military propaganda against the enemy;

c) Engaging in revolutionary activities, anti-war activities, refusing to submit to torture by the enemy, persistently struggling or implementing the policy of escaping prison while still in captivity, resulting in sacrifice;

d) Fulfilling international duties;

e) Struggling against crime;

f) Bravely performing urgent and dangerous tasks for national defense and security; bravely rescuing people and property of the State and the people;

g) Due to illness or accidents while on duty for national defense and security in areas with particularly difficult economic and social conditions;

h) War invalids or persons receiving war invalid benefits as stipulated in Clause 1 and Clause 2 of Article 19 of this Ordinance who died due to the recurrence of their wounds.

2. Martyrs are organized for death announcements, memorial services, and burials. The State and the people build, manage, care for, and maintain memorials to martyrs, including graves, cemeteries, monuments, and name plaques.

Article 12.

1. Agencies, organizations, and units of martyrs are responsible for coordinating with the People's Committee of the commune, ward, or town where the martyr's family resides to solemnly organize memorial services for the martyrs.

2. The Government prescribes the procedures for searching for, collecting, managing, caring for, maintaining, and visiting the graves of martyrs; building, managing cemeteries, monuments, and name plaques of martyrs; informing the local People's Committee and the families of martyrs about the graves of martyrs.

Article 13.

1. Investment in constructing, upgrading, and repairing graves, cemeteries, monuments, and name plaques of martyrs is funded by the state budget and contributions from the public.

2. Local People's Committees at all levels are responsible for managing memorials to martyrs.

Article 14.

1. Relatives of martyrs recognized by competent state authorities as "Certificate of Martyr Family" include:

a) Father, mother;

b) Spouse;

c) Child;

d) Person(s) who raised the martyr when they were young.

2. The privileges granted to relatives of martyrs include:

a) One-time pension payment upon death announcement;

b) Monthly pension payments for the father, mother, spouse, or person who raised the martyr when they were young; children of the martyr under eighteen years old or over eighteen years old if they continue to study; children of the martyr suffering from serious illness or disability since childhood, after the expiration of the pension period, if their ability to work is reduced by 61% or more;

c) Monthly maintenance allowance for the father, mother, spouse, or person who raised the martyr when they were young living alone without support; orphaned children of the martyr under eighteen years old or over eighteen years old if they continue to study; orphaned children of the martyr suffering from serious illness or disability since childhood, after the expiration of the maintenance period, if their ability to work is reduced by 61% or more; relatives of two or more martyrs;

d) Upon death announcement, if the martyr has no relatives as specified in Clause 1 of this Article, the heir of the martyr retains the "National Commendation Certificate" and receives a one-time pension payment equivalent to that of relatives of martyrs;

e) Relatives of martyrs are given priority in land allocation, lease, water surface, sea surface, preferential loans for production, tax exemption or reduction, exemption from public service obligations as prescribed by law; supported to improve housing based on their circumstances and the capacity of the state and localities.

e) Relatives of烈士正在享受国家提供的每月抚恤金或生活补助，国家为他们购买医疗保险；根据个人情况和国家能力提供康复服务以恢复健康；提供必要的辅助设备和矫形器具；当去世时，组织葬礼的人将获得一笔抚恤金和丧葬费。

g) The children of烈士在招生和就业方面享有优先权，并在教育和培训中享有优惠待遇。

Section 4

母亲英雄

Article 15.

对母亲英雄的优待制度包括：

1. 根据本法令第14条规定的对烈士亲属的优待制度；

2. 月度补贴；

3. 国家和人民根据个人情况为她们提供“情义房”或改善住房条件的支持。

Section 5

人民武装英雄、劳动英雄

Article 16. 人民武装英雄、劳动英雄根据本法令的规定享有优待制度，包括：

1. 根据法律规定，由国家授予或追授“人民武装英雄”称号的人；

2. 因在劳动生产中为抗敌斗争作出特别突出的成绩而被国家表彰为劳动英雄的人。

Article 17. 对人民武装英雄、劳动英雄的优待制度包括：

1. 月度补贴；

2. 医疗保险；康复服务以恢复健康；提供必要的辅助设备和矫形器具；

3. 在招生和就业方面享有优先权，在教育和培训中享有优惠待遇；

4. 在分配或租赁土地、水面、海域以及获得优惠贷款用于生产方面享有优先权；根据个人情况和国家及地方的能力支持改善住房条件；当去世时，组织葬礼的人将获得一笔抚恤金和丧葬费。

Article 18.

1. 人民武装英雄、劳动英雄在1995年1月1日前去世，则其亲属可一次性领取抚恤金。

2. 人民武装英雄、劳动英雄的孩子在招生和就业方面享有优先权，在教育和培训中享有优惠待遇。

Chapter 6

残疾军人、享受与残疾军人相同政策的人

Article 19.

1. 残疾军人是指因伤导致劳动能力下降21%及以上，由有权机关颁发“残疾军人证”和“残疾军人徽章”的军人或警察，包括以下情形之一：

a) Engaging in combat or directly serving in combat;

b) 被敌人捕获并遭受酷刑仍不屈服，坚决斗争，留下身体伤害；

c) 执行国际义务；

d) 与犯罪作斗争；

đ) 勇敢地执行紧急危险任务，服务于国防和安全；勇敢地救人救物，保护国家和人民的利益；

e) 在经济和社会条件特别困难的地区执行国防和安全任务。

2. 享受与残疾军人相同政策的人是指非军人或警察，因伤导致劳动能力下降21%及以上，属于本条第一款规定的情形之一，由有权机关颁发“享受与残疾军人相同政策证明书”的人。

3. 残疾军人B类是指因伤导致劳动能力下降21%及以上，在1993年12月31日前已被有权机关认定的军人或警察。

本条规定的残疾军人、享受与残疾军人相同政策的人和残疾军人B类统称为残疾军人。

Article 20.

对残疾军人的优待制度包括：

1. 月度补贴，根据劳动能力下降程度和残疾类型确定；

2. 医疗保险；康复服务以恢复健康和劳动功能；根据个人伤残情况和国家能力提供必要的辅助设备和矫形器具；

3. 在招生和就业方面享有优先权；根据伤残情况和职业资格，按照法律规定在国家机关和企业工作；在教育和培训中享有优惠待遇；

4. 在分配或租赁土地、水面、海域以及获得优惠贷款用于生产方面享有优先权；根据法律规定免除或减少税收，免除公共义务劳动；根据个人情况和国家及地方的能力支持改善住房条件。

Article 21.

1. 劳动能力下降81%及以上的残疾军人，国家为其18岁以下的子女或仍在上学且劳动能力下降61%及以上的成年子女购买医疗保险。

2. 劳动能力下降81%及以上的残疾军人在家休养，为其护理人员购买医疗保险并提供月度补贴。

3. 当残疾军人去世时，组织葬礼的人将获得一笔抚恤金和丧葬费。

劳动能力下降61%及以上的残疾军人因病或事故死亡，其亲属将根据政府规定获得抚恤金。

4. 残疾军人的孩子在招生和就业方面享有优先权，在教育和培训中享有优惠待遇。

Article 22. 专门为残疾军人设立的生产和经营单位，国家提供初始物质支持，包括厂房、学校、教室、设备等，并根据法律规定免征或减征税收，提供优惠贷款。

Section 7

病退军人

Article 23.

1. 病退军人是指因病导致劳动能力下降61%及以上，在退役后由有权机关颁发“病退军人证”的军人或警察，包括以下情形之一：

a) Engaging in combat or directly serving in combat;

b) 在经济和社会条件特别困难的地区工作三年以上；

c) 在经济和社会条件特别困难的地区工作未满三年但已在军队或警察部队工作十年以上；

d) 在军队或警察部队工作十五年以上但不符合退休条件；

đ) 执行国际义务；

e) 勇敢地执行紧急危险任务，服务于国防和安全。

2. War invalids are military personnel or public security officers suffering from diseases that reduce their work capacity by 41% to 60%, recognized by competent authorities before December 31, 1994.

Article 24.

The preferential policies for war invalids include:

1. Monthly allowances based on the degree of reduced work capacity;

2. Health insurance; convalescence for health recovery and functional rehabilitation; provision of assistive devices and orthopedic appliances based on each person's medical condition and the State's capability;

3. Priority in land allocation, water surface, sea surface leasing, preferential loans for production, tax exemption or reduction, and exemption or reduction of public service obligations according to the law; support for improving housing conditions based on each person's circumstances, the State's and local capabilities.

Article 25.

1. War invalids with a reduced work capacity of 81% or more shall have their children under eighteen years old, or over eighteen if they continue studying or suffer from serious illness or disability since childhood, still having a reduced work capacity of 61% or more after the expiration of health insurance, covered by the State's health insurance.

2. War invalids with a reduced work capacity of 81% or more who rest at home shall have their caregivers covered by the State's health insurance and receive monthly allowances.

3. When a war invalid dies, the person organizing the funeral shall receive a lump-sum allowance and funeral expenses.

War invalids with a reduced work capacity of 61% or more who die shall have their relatives receive survivor benefits as prescribed by the Government.

4. Children of war invalids shall be given priority in enrollment and job creation, and preferential treatment in education and training.

Section 8

PERSONS ENGAGED IN THE RESISTANCE WAR WHO HAVE BEEN POISONED BY CHEMICAL WEAPONS

Article 26.

1. Persons engaged in the resistance war who have been poisoned by chemical weapons are those recognized by competent authorities as having participated in work, combat, or combat support in areas where the US military used chemical weapons, and subsequently suffered from diseases reducing their work capacity, giving birth to deformed or disabled children, or becoming infertile due to the consequences of chemical weapons.

2. The preferential policies for persons engaged in the resistance war who have been poisoned by chemical weapons include:

a) Monthly allowances based on the degree of reduced work capacity;

b) Health insurance; convalescence for health recovery and functional rehabilitation; provision of assistive devices and orthopedic appliances based on each person's medical condition and the State's capability;

c) Priority in land allocation, water surface, sea surface leasing, preferential loans for production, tax exemption or reduction, and exemption or reduction of public service obligations according to the law; support for improving housing conditions based on each person's circumstances, the State's and local capabilities;

3. When persons engaged in the resistance war who have been poisoned by chemical weapons die, the person organizing the funeral shall receive a lump-sum allowance and funeral expenses.

4. The Government shall specify the conditions, standards, and preferential policies for persons engaged in the resistance war who have been poisoned by chemical weapons.

Article 27.

1. The legitimate child of a person engaged in the resistance war who has been poisoned by chemical weapons is a person recognized by competent authorities as being deformed, disabled, or having reduced self-care or work capacity due to the consequences of chemical weapons.

2. The preferential policies for the legitimate child of a person engaged in the resistance war who has been poisoned by chemical weapons include:

a) Monthly allowances based on the degree of reduced self-care capacity;

b) Health insurance; provision of necessary assistive devices and orthopedic appliances based on each person's medical condition;

c) Priority in enrollment and job creation, and preferential treatment in education and training.

3. When the legitimate child of a person engaged in the resistance war who has been poisoned by chemical weapons, currently receiving monthly allowances, dies, the person organizing the funeral shall receive a lump-sum allowance and funeral expenses.

Section 9

PERSONS ENGAGED IN REVOLUTIONARY ACTIVITIES OR RESISTANCE WARS WHO WERE CAPTURED AND EXILED BY THE ENEMY

Article 28. Persons engaged in revolutionary activities or resistance wars who were captured and exiled by the enemy are those recognized by competent authorities as not having reported information harmful to the revolution or resistance during their imprisonment or exile, and did not serve as collaborators for the enemy.

Article 29.

1. The preferential policies for persons engaged in revolutionary activities or resistance wars who were captured and exiled by the enemy include:

a) Presentation of a Commemorative Medal;

b) A one-time allowance;

c) Health insurance; convalescence for health recovery; provision of assistive devices and orthopedic appliances based on each person's medical condition and the State's capability.

2. When persons engaged in revolutionary activities or resistance wars who were captured and exiled by the enemy die, the person organizing the funeral shall receive funeral expenses.

Section 10

PERSONS ENGAGED IN RESISTANCE WARS FOR NATIONAL LIBERATION, DEFENSE OF THE COUNTRY, AND INTERNATIONAL DUTIES

Article 30.

Persons engaged in resistance wars for national liberation, defense of the country, and international duties who enjoy the preferential policies stipulated in Article 31 of this Ordinance are those who participated in the resistance and were awarded the Resistance War Order or Resistance War Medal by the State.

Article 31.

The preferential policies for persons engaged in resistance wars for national liberation, defense of the country, and international duties include:

1. A one-time allowance;

2. Health insurance;

3. When persons engaged in resistance wars for national liberation, defense of the country, and international duties die, the person organizing the funeral shall receive funeral expenses.

Section 11

PERSONS WITH MERIT IN ASSISTING THE REVOLUTION

Article 32. Persons with merit in assisting the revolution are those who have made achievements in assisting the revolution during difficult and dangerous times, including:

1. Those awarded the Commemorative Medal "The Nation Records Merit" or the Certificate "Contributed to the Country";

2. Members of families awarded the Commemorative Medal "The Nation Records Merit" or the Certificate "Contributed to the Country" prior to August 1945;

3. Those awarded the Resistance War Order or Resistance War Medal;

4. Members of families awarded the Resistance War Order or Resistance War Medal.

Article 33.

1. Persons with merit in assisting the revolution who are awarded the Commemorative Medal "The Nation Records Merit" or the Certificate "Contributed to the Country", and members of families awarded the Commemorative Medal "The Nation Records Merit" or the Certificate "Contributed to the Country" shall receive monthly allowances and other preferential policies similar to those for relatives of martyrs as prescribed in this Ordinance.

2. Persons who have contributed to the revolution shall be awarded the Order of Resistance War, and persons from families who have contributed to the revolution and have been awarded the Order of Resistance War shall receive monthly allowances; the State shall purchase health insurance; upon death, the person organizing the funeral shall receive a lump sum allowance and funeral expenses.

3. Persons who have contributed to the revolution shall be awarded the Medal of Resistance War, and persons from families who have contributed to the revolution and have been awarded the Medal of Resistance War shall receive a one-time allowance; the State shall purchase health insurance; upon death, the person organizing the funeral shall receive funeral expenses.

4. The Government shall specify the conditions for receiving preferential treatment for persons from families who have contributed to the revolution and have been awarded the Commemorative Medal "The Nation Honors Merit," the Certificate "Contributed to the Country," the Order of Resistance War, or the Medal of Resistance War.

5. Persons who have been recognized and received preferential treatment as prescribed in Article 9, Article 10, or Article 30 shall not be subject to the provisions of this Article.

Chapter III
RESPONSIBILITIES OF THE STATE MANAGEMENT AGENCIES FOR PREFERENTIAL TREATMENT OF PERSONS WHO HAVE CONTRIBUTED TO THE REVOLUTION

Article 34.

1. The Government shall uniformly manage state affairs regarding preferential treatment for persons who have contributed to the revolution.

2. The Ministry of Labor, Invalids, and Social Affairs shall be responsible before the Government for implementing state management over preferential treatment for persons who have contributed to the revolution.

3. Ministries and sectors within their respective duties and powers shall be responsible for implementing state management over preferential treatment for persons who have contributed to the revolution.

4. People's Committees at all levels shall implement state management over preferential treatment for persons who have contributed to the revolution within their localities; local labor, invalids, and social affairs agencies shall assist the same-level People's Committees in implementing state management over preferential treatment for persons who have contributed to the revolution in their localities.

Article 35. The Ministry of National Defense and the Ministry of Public Security shall guide, direct, and organize the implementation of preferential policies and systems for persons who have contributed to the revolution directly managed by the Ministry of National Defense and the Ministry of Public Security according to the provisions of this Ordinance.

Article 36. The Ministry of Finance shall ensure the budget, guide, and inspect the use of the budget to implement preferential systems for persons who have contributed to the revolution; guide, direct, and organize the implementation of tax exemptions and reductions for persons who have contributed to the revolution and provide material support and capital sources for production and business establishments, vocational training schools for disabled veterans and war invalids.

Article 37. The Ministry of Construction shall guide the implementation of preferential systems for improving housing for persons who have contributed to the revolution according to the provisions of this Ordinance, in accordance with the capacity of the State and localities.

Article 38. The Ministry of Natural Resources and Environment shall guide the implementation of preferential systems for land users who are persons who have contributed to the revolution; land reserved for memorials for martyrs, production and business establishments of disabled veterans and war invalids, care and rehabilitation facilities for disabled veterans and war invalids, and other persons who have contributed to the revolution.

Article 39. The Ministry of Agriculture and Rural Development shall guide the implementation of preferential policies and systems in agricultural, forestry, fishery, salt industry production and business through forms such as priority assistance with seeds, livestock, crops, irrigation fees, processing of agricultural and forest products, application of science and technology in production; preferential policies in rural extension services for agriculture, forestry, fisheries, salt industry, and rural industries for persons who have contributed to the revolution.

Article 40. The Ministry of Health shall guide the conditions, standards, and professional technical regulations to ensure healthcare and health insurance for persons who have contributed to the revolution.

Article 41. The Ministry of Education and Training and the Ministry of Labor, Invalids, and Social Affairs shall guide the implementation of preferential policies for persons who have contributed to the revolution and their children studying at educational and training institutions under the national education system.

Chapter IV

PETITIONING, REPORTING AND HANDLING VIOLATIONS

Article 42.

1. Organizations and individuals have the right to lodge complaints; individuals have the right to report violations of this Ordinance according to the law.

2. Agencies, organizations, and individuals with authority shall be responsible for resolving complaints and reports and handling violations of preferential policies and systems for persons who have contributed to the revolution according to the law.

Article 43.

1. Persons who forge documents to receive preferential treatment for persons who have contributed to the revolution shall be suspended from receiving preferential treatment and must return the amount received; depending on the nature and severity of the violation, they may be administratively punished or criminally prosecuted.

2. Persons who falsely declare documents to receive additional preferential treatment for persons who have contributed to the revolution shall be temporarily suspended from receiving preferential treatment and must return the amount received due to false declaration; depending on the nature and severity of the violation, they may be administratively punished or criminally prosecuted.

3. Persons who certify falsely or forge documents for others, or who abuse their positions, powers, or lack of responsibility causing damage to the interests of the State or the rights of persons who have contributed to the revolution shall be disciplined, administratively punished, or criminally prosecuted depending on the nature and severity of the violation; if damage is caused, they must compensate according to the law.

4. Persons who violate regulations on managing and using funds to ensure the implementation of preferential systems for persons who have contributed to the revolution shall be disciplined, administratively punished, or criminally prosecuted depending on the nature and severity of the violation; if damage is caused, they must compensate according to the law.

5. Persons who take advantage of preferential policies for persons who have contributed to the revolution to violate the law shall be administratively punished or criminally prosecuted depending on the nature and severity of the violation.

Article 44.

1. Persons who have contributed to the revolution and are currently receiving preferential treatment, if they commit crimes that do not include offenses against national security and are sentenced to fixed-term imprisonment but are not eligible for suspended sentences, shall be temporarily suspended from receiving preferential treatment during the period of serving the sentence.

2. Persons who have contributed to the revolution and are currently receiving preferential treatment, if they commit crimes against national security or other crimes and are sentenced to life imprisonment, shall permanently be suspended from receiving preferential treatment from the date the judgment becomes legally effective.

3. Persons who have contributed to the revolution and are currently receiving preferential treatment, if they leave the country illegally, shall be temporarily suspended from receiving preferential treatment during the period of residing abroad.

4. A person who has rendered meritorious service to the revolution and is currently enjoying preferential treatment shall have such preferential treatment temporarily suspended if they go missing.

Article 45. The decisions on suspending, temporarily suspending preferential treatment, and returning the amount of money received shall be implemented in accordance with the provisions of Articles 43 and 44 of this Ordinance as prescribed by the Government.

Chapter V
IMPLEMENTING PROVISIONS

Article 46. This Ordinance takes effect from October 1, 2005.

This Ordinance replaces the Ordinance on Preferential Treatment for Revolutionary Activists, Martyrs, and Their Families, War Invalids, and War Veterans, and Those Who Have Rendered Meritorious Service to the Revolution dated August 29, 1994; the Ordinance Amending Article 21 of the Ordinance on Preferential Treatment for Revolutionary Activists, Martyrs, and Their Families, War Invalids, and War Veterans, and Those Who Have Rendered Meritorious Service to the Revolution dated February 14, 2000; and the Ordinance Amending Articles 22 and 23 of the Ordinance on Preferential Treatment for Revolutionary Activists, Martyrs, and Their Families, War Invalids, and War Veterans, and Those Who Have Rendered Meritorious Service to the Revolution dated October 4, 2002.

Article 47. The preferential treatment regime stipulated in this Ordinance shall apply to those who have rendered meritorious service to the revolution and are currently enjoying preferential treatment before the date this Ordinance takes effect, and to those who continue to be considered for recognition after the Ordinance takes effect.

Article 48. The Government shall provide detailed regulations and guidance for the implementation of this Ordinance./.