Circular No. 27/1999/TT-BLDTBXH guiding the file for recognizing persons entitled to benefits similar to those for war invalids injured before December 31, 1994

JOINT CIRCULAR

Guidelines for recognizing individuals who are entitled to benefits similar to those of war invalids injured

from December 31, 1994 or earlier

On November 25, 1998, the Ministry of Labor, Invalids and Social Affairs, the Ministry of Defense, and the Ministry of Public Security issued Circular Joint No. 16/1998/TTLT-BLDTBXH-BQP-BCA guiding certain points regarding the recognition and resolution of rights for martyrs and their families, war invalids, and individuals entitled to benefits similar to those of war invalids, and disabled veterans. Point 2, Section II, Part B of the aforementioned Circular stipulates that for individuals injured on or before December 31, 1994, who are members of the armed forces (military personnel, public security officers), specific guidelines shall be provided by the Policy Department of the General Political Department of the Ministry of Defense and the Cadre and Civil Servant Organization Department of the Ministry of Public Security.

However, for individuals injured on or before December 31, 1994, who are not military personnel or public security officers, specific guidelines have not been established, which are appropriate to the revolutionary activities they participated in, causing difficulties in implementation (except for young volunteers injured during the resistance war, which has been guided by Circular Joint No. 16/1999/TTLT-LĐTBXH-TWĐTNCSHCM on implementing policies for young volunteers who completed their tasks during the resistance war).

To address the above issues, the Ministry of Labor, Invalids and Social Affairs provides guidelines for the files of individuals entitled to benefits similar to those of war invalids injured on or before December 31, 1994, with physical injuries, but who are not military personnel, public security officers, or young volunteers as follows:

I. THE FILE OF INDIVIDUALS ENTITLED TO BENEFITS SIMILAR TO THOSE OF WAR INVALIDS INCLUDES

1. Personal declaration form (attached model)

For individuals injured who are not party members or have left their positions, additional information about their participation in revolutionary activities should be included in the aforementioned declaration form. For individuals injured who are party members or have left their positions or are currently receiving social insurance benefits, the relevant authorities will examine the related revolutionary activities based on the party member's record, cadre file, or personal record to determine eligibility.

2. A handwritten confirmation letter from two colleagues or former colleagues at the same unit or organization where the individual was injured. The confirmation must clearly state the individual's involvement in revolutionary activities, the period of joint work, the location of injury, and the circumstances of the injury. This confirmation letter must be certified by the authority where the signatories are employed or reside, based on the party member's record, cadre file, personal record, or other legal documents of the signatories, verifying the signatures and the time and place of employment of the signatories, which must correspond to the time and place of the injured individual.

3. A collective confirmation record of the injured individual by a meeting of the Recognition Council of the commune or ward where the individual was injured while performing duties (including the People's Committee of the commune or ward as the main organizer; representatives of the Party Committee; the United Front; the War Invalids and Social Affairs Association; the Veterans' Association; the Public Security; the Militia; and representatives of the elderly community) or by the organization or unit where the injured individual was located (including representatives of the Party Committee, Trade Union, Administration, and staff of the organization).

These confirmation records must be publicly posted so that local residents or organizations can be informed. After fifteen days without any complaints or reports, the People's Committee of the commune or ward or the organization/unit will transfer the injured individual's file (declaration form, confirmation letters, and confirmation records) to the head of the competent authority to issue the injury certification.

4. An injury certification signed by the head of the organization or unit with the authority to issue it (according to Model No. 6-TB1 of Circular Joint No. 16/1998/TTLT-BLDTBXH-BQP-BCA dated November 25, 1998, issued by the Ministry of Labor, Invalids and Social Affairs, the Ministry of Defense, and the Ministry of Public Security) after reviewing the personal declaration form, the relevant revolutionary activities, the confirmation letters from two witnesses, the confirmation record of the injured individual, and the physical injuries sustained by the individual.

5. A medical examination report on disability level issued by the authorized Medical Examination Board (according to Model No. 6-TB2 of the aforementioned Circular Joint No. 16/1998/TTLT-BLDTBXH-BQP-BCA).

II. PROCEDURES FOR ESTABLISHING FILES, REFERRAL FOR MEDICAL EXAMINATION ON DISABILITY LEVEL, AND SETTLEMENT OF RIGHTS

FOR INJURED INDIVIDUALS ENTITLED TO BENEFITS SIMILAR TO THOSE OF WAR INVALIDS

1. Procedures for establishing files shall be carried out according to the provisions of Point 1, Section III, Part B of Circular Joint No. 16/1998/TTLT-BLDTBXH-BQP-BCA dated November 25, 1998, issued by the Ministry of Labor, Invalids and Social Affairs, the Ministry of Defense, and the Ministry of Public Security.

2. Procedures for referral for medical examination on disability level shall be carried out according to the provisions of Subpoints b and c of Point 2, Section III, Part B of the aforementioned Circular Joint No. 16/1998/TTLT-BLDTBXH-BQP-BCA.

Specifically, for individuals injured who have officially transferred to another unit or locality different from where they were injured, the head of the competent authority, after signing the injury certification, shall transfer the disability file along with the referral letter to the Department of Labor, Invalids and Social Affairs in the province where the injured individual currently resides for verification and referral for medical examination on disability level at the provincial Medical Examination Board. After resolving the rights, the Department of Labor, Invalids and Social Affairs in the province where the injured individual currently resides shall send one copy of the disability record to the referring authority for registration, management, and as a basis for resolving any issues concerning the injured individual of the locality or unit.

3. Procedures for settling rights for injured individuals shall be carried out according to the provisions of Points 2 and 3, Section IV, Part B of the aforementioned Circular Joint No. 16/1998/TTLT-BLDTBXH-BQP-BCA.

III. IMPLEMENTATION

People's Committees at all levels, relevant departments and units, Departments of Labor, Invalids and Social Affairs, and organizations shall widely announce Circular No. 16/1998/TTLT-BLDTBXH-BQP-BCA and some provisions of this Circular; guide and direct the review, statistics, and compilation of lists of injured individuals; establish files and procedures for recognition and settlement of rights for individuals entitled to benefits similar to those of war invalids prior to December 31, 1994 (excluding military personnel and public security officers).

The recognition of persons entitled to benefits similar to those for war invalids as prescribed in this Circular shall terminate before December 31, 2000.

1. The Director of the Finance and Planning Department is responsible for guiding and supervising the implementation of this Circular.

During implementation, if any difficulties arise, localities, agencies, and units shall report them to the Ministry of Labor, Invalids, and Social Affairs for study and resolution.