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

CIRCULAR

Circular No. 27/1999/TT-BLDTBXH of the Ministry of Labor, Invalids and Social Affairs dated November 3, 1999guiding on the dossier for recognizing persons entitled to benefits similar to those for war invalids who were injured before December 31, 1994

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

However, the dossier for individuals injured before December 31, 1994, who are not military personnel or public security officers has not been specified in detail, which is unsuitable for the revolutionary activities they participated in and caused difficulties in implementation (except for young volunteers injured during the resistance war, which has been guided by Joint Circular No. 16/1999/TTLT-LDTBXH-TWDTNCSHCM on implementing policies for young volunteers who have completed their tasks in the resistance war).

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

I. THE DOSSIER FOR PERSONS ENTITLED TO BENEFITS SIMILAR TO THOSE FOR WAR INVALIDS INCLUDES:

1. Personal declaration form (attached model)

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

2. Handwritten confirmation letter from two colleagues or former coworkers of the injured person. The content of the confirmation must clearly state the individual's involvement in revolutionary activities, the period of joint work, the location and circumstances of injury. This confirmation letter must be certified by the authority where the confirming individuals work or reside, based on the party member's file, cadre file, personal record, or other legal documents of the confirming individuals, verifying the signatures and the time and unit of employment of the confirming individuals consistent with the time and unit of the injured person.

3. Minutes of the collective meeting of the Recognition Council at the commune or ward where the injured person was 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 of the organization or unit where the injured person was located (including representatives of the Party Committee, Trade Union, Administration, and cadres of the organization).

These minutes of injury confirmation must be publicly posted so that local residents or organizations can be informed. After 15 days without complaints or accusations, the People's Committee of the commune or ward or the organization/unit will transfer the injured person's dossier (declaration form, confirmation letters, and minutes) to the head of the competent authority for issuance of the injury certification.

4. Injury certification signed by the head of the organization or unit with authority (according to Model No. 6-TB1 of Joint Circular No. 16/1998/TTLT-BLDTBXH-BQP-BCA dated November 25, 1998, of the Joint Ministries of Labor, Invalids and Social Affairs, Defense, and Public Security), after reviewing the personal declaration form, revolutionary activities related to the injury, confirmation from two witnesses, minutes of injury confirmation, and the physical injuries of the injured person.

5. Disability assessment report by the authorized Medical Examination Board (according to Model No. 6-TB2 of Joint Circular No. 16/1998/TTLT-BLDTBXH-BQP-BCA dated November 25, 1998).

II. PROCEDURES FOR ESTABLISHING THE DOSSIER, REFERRAL FOR DISABILITY ASSESSMENT, AND SETTLEMENT OF RIGHTS AND INTERESTS FOR INJURED PERSONS ENTITLED TO BENEFITS SIMILAR TO THOSE FOR WAR INVALIDS:

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

2. Procedures for referral for disability assessment shall be carried out according to the provisions of Sub-items b and c of Point 2, Section III, Part B of the above Joint Circular.

Specifically, for individuals injured who have officially transferred to another unit or locality, the head of the competent authority, after signing the injury certification, shall transfer the disability dossier along with the referral letter to the Department of Labor, Invalids and Social Affairs in the province where the injured person currently resides for verification and referral for disability assessment at the provincial Medical Examination Board. After resolving the rights and interests, the Department of Labor, Invalids and Social Affairs in the province where the injured person 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 person of the locality or unit.

3. Procedures for settling rights and interests for injured persons shall be carried out according to the provisions of Points 2 and 3, Section IV, Part B of the above Joint Circular.

III. IMPLEMENTATION

People's Committees at all levels, relevant departments, units, Departments of Labor, Invalids and Social Affairs, and organizations shall widely announce Joint 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 persons; establish dossiers and procedures for recognition and settlement of rights and interests for persons entitled to benefits similar to those for war invalids before December 31, 1994 (excluding military personnel and public security officers).

The recognition of persons entitled to benefits as if they were 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 the implementation process, any difficulties encountered should be reported by localities, agencies, and units to the Ministry of Labor, Invalids and Social Affairs for study and resolution.