Ordinance No. 27/2005/PL-UBTVQH11 on War Veterans

ORDINANCE

Former Soldiers

 

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;

Pursuant to Resolution No. 35/2004/QH11 dated November 25, 2004 of the National Assembly, 11th term, sixth session on the legislative program for 2005;

This Ordinance stipulates matters concerning Former Soldiers and the Vietnam Association of Former Soldiers.

 

PART I

GENERAL PROVISIONS

Article 1. Scope of application

This Ordinance applies to Former Soldiers, the Vietnam Association of Former Soldiers, agencies, organizations, units, and all citizens.

Article 2. Former Soldiers

Former Soldiers are citizens of the Socialist Republic of Vietnam who have participated in armed forces units engaged in combat against foreign invaders to liberate the nation, perform international duties, build and defend the country, and have retired, transferred to other sectors, been demobilized, or discharged, including:

1. Cadres and soldiers who have participated in armed forces units organized by the Communist Party of Vietnam before August 1945;

2. Cadres and soldiers of the People's Army of Vietnam, including main force troops, local troops, border guards, and special forces who have participated in anti-invasion resistance wars to protect the country and perform international duties;

3. Cadres, soldiers, militia, self-defense forces, guerrillas, and armed work team members in enemy-occupied areas who have participated in combat against foreign invaders to protect the country;

4. Defense workers who have participated in combat and support services against foreign invaders to protect the country;

5. Cadres and soldiers of the People's Army of Vietnam, militia, and self-defense forces who have participated in combat and direct support services, officers, and professional military personnel who have completed their tasks during the period of building and defending the country.

The State and the people honor, recognize, and highly value the great sacrifices and contributions of Former Soldiers in anti-invasion resistance wars to liberate the nation, perform international duties, build, and defend the country.

Article 3. Vietnam Association of Former Soldiers

The Vietnam Association of Former Soldiers is a political-social organization within the political system led by the Communist Party of Vietnam, representing the will and aspirations of Former Soldiers, serving as a political foundation for the people's administration, and a member of the Vietnam Fatherland Front.

Article 4. Traditional Day of Former Soldiers

December 6 is the traditional day of Former Soldiers.

Article 5. Prohibited Acts

1. Exploiting the name and reputation of Former Soldiers and the Vietnam Association of Former Soldiers to commit acts violating the law.

2. Obstructing lawful activities of Former Soldiers and the Vietnam Association of Former Soldiers.

3. Violating the health, life, honor, dignity, and legitimate rights and interests of Former Soldiers.

Chapter II

FORMER SOLDIERS

Article 6. Policies towards Former Soldiers

1. The State has policies to care for the material and spiritual lives of Former Soldiers; to gather, encourage, and utilize their potential, creating conditions for Former Soldiers to continue to uphold the nature and tradition of "Uncle Ho's Troops," actively contributing to the cause of building and defending the socialist Vietnam.

2. The State encourages domestic and foreign organizations and individuals to support investment in constructing treatment centers, rehabilitation facilities, and benevolent activities for Former Soldiers.

3. In each period, the State promulgates specific policies and systems for Former Soldiers that are appropriate to the economic and social situation of the country.

Article 7. Benefits for Veterans

1. Veterans who have contributed to the revolution shall enjoy preferential treatment regimes as prescribed by laws on preferential treatment for those who have contributed to the revolution and other relevant laws.

2. Veterans shall be given priority in job creation, land allocation, forest allocation, water surface allocation for production and business activities, and participation in socio-economic development projects as prescribed by the Government.

3. Poor veterans shall be given priority in borrowing from policy banks and other preferential sources for production and business purposes with the aim of eradicating poverty and hunger, and shall be provided with health insurance cards and other policies applicable to the poor.

4. Veterans who have reached retirement age, are alone, without support, and without income shall be accepted and cared for at social care centers by the State and society.

5. When veterans pass away, local authorities, military agencies, and mass organizations shall cooperate with the Vietnam Veterans Association and their families to organize funerals and provide funeral allowances as prescribed by the Government.

6. Veterans shall participate in the Vietnam Veterans Association and the Association of Former Military Personnel according to the Charter of the Association and relevant laws.

Article 8. Obligations of Veterans

1. Veterans must uphold revolutionary traditions, be loyal to the Communist Party of Vietnam and the Socialist Republic of Vietnam; participate in protecting independence, sovereignty, unity, territorial integrity, national security, and the interests of the nation.

2. Veterans must set examples in fulfilling civic duties, studying, propagandizing, and mobilizing the people and their families to comply with the Party's guidelines and state laws.

3. Veterans have the responsibility to actively participate in implementing legal provisions on grassroots democracy, mediation, and contributing to building the great national solidarity bloc, successfully completing the tasks of building and defending the country.

4. Veterans have the responsibility to actively participate in socio-economic development, maintaining public security and social safety, preserving and promoting national cultural identity.

Chapter III

VIETNAM VETERANS ASSOCIATION

Article 9. Principles of Organization and Operation of the Vietnam Veterans Association

1. The Vietnam Veterans Association is organized on a voluntary basis.

2. The Vietnam Veterans Association operates according to the Party’s guidelines and policies, state laws, and the Association’s Charter.

Article 10. Structure of the Vietnam Veterans Association

1. The Vietnam Veterans Association is organized from central to grassroots levels, including:

a) Central Vietnam Veterans Association;

b) Vietnam Veterans Association of provinces and centrally-administered cities;

c) Vietnam Veterans Association of districts, towns, and provincial cities;

d) Vietnam Veterans Association of communes, wards, and towns.

2. In agencies, organizations, units, and enterprises, appropriate organizations of veterans operate according to this Decree and the Association’s Charter.

Article 11. Tasks of the Vietnam Veterans Association

1. Participate in building and defending the Party, the government, and the socialist system; struggle against all hostile forces' plots and destructive activities; oppose erroneous views contrary to the Party’s guidelines and state laws; implement legal provisions on grassroots democracy, combat bureaucracy, corruption, waste, and social evils; supervise the activities of state agencies and civil servants as prescribed by law.

2. Participate in socio-economic development, consolidating national defense and security; make recommendations to state agencies and local governments regarding the formulation and implementation of policies and laws related to veterans and the Vietnam Veterans Association.

3. Unite, mobilize veterans to cultivate and maintain revolutionary moral qualities, enhance political resilience, deepen understanding of the Party’s guidelines and state laws, economic knowledge, culture, science and technology, fulfill civic duties well; unite former military personnel who have completed their service obligations to continue upholding the tradition of "Uncle Ho's Army," participate in club organizations, the Association of Former Military Personnel, and revolutionary movements at the grassroots level.

4. Organize care and assistance for veterans to improve their material and spiritual lives, develop family economies, eradicate poverty and hunger, and legally enrich themselves; organize benevolent activities for veterans to support each other in life.

5. Protect the legitimate rights and interests of veterans; propagate, educate, and provide legal advice and assistance to veterans.

6. Conduct people-to-people diplomacy activities to contribute to implementing the Party and State’s foreign policy.

7. Cooperate with the Ho Chi Minh Communist Youth Union and other member organizations of the Vietnam Fatherland Front to educate young generations about patriotism, revolutionary heroism, self-reliance, and self-strengthening.

Article 12. The administrative apparatus assisting the Vietnam Veterans Association

The Vietnam Veterans Association has an administrative apparatus to assist it. The organization and staffing of the administrative apparatus at each level of the Vietnam Veterans Association shall be regulated by competent authorities.

Article 13. Budget and Assets of the Vietnam Veterans Association

The operational budget of the Vietnam Veterans Association is provided from the state budget in accordance with the provisions of the law. The Vietnam Veterans Association receives, manages, and uses assets according to the provisions of the law for those assets transferred by the State and those donated by domestic and foreign organizations and individuals.

Chapter IV

RESPONSIBILITIES OF AUTHORITIES AND ORGANIZATIONS TOWARDS VETERANS AND THE VIETNAM VETERANS ASSOCIATION

Article 14. Responsibilities of the Government, Ministries, and Equivalent Ministries

1. Within its assigned tasks and powers, the Government promulgates or proposes to the National Assembly or the Standing Committee of the National Assembly to promulgate normative legal documents, systems, and policies, and organizes their implementation concerning veterans and the Vietnam Veterans Association.

2. Within its assigned tasks and powers, ministries and equivalent ministries have the responsibility to coordinate and create conditions for the Vietnam Veterans Association and veterans to carry out their activities.

Article 15. Responsibilities of People's Councils and People's Committees

Within their assigned tasks and powers, People's Councils and People's Committees at all levels are responsible for providing budgets for the operation of the same-level Vietnam Veterans Association, taking care of the material and spiritual life of veterans, and creating conditions for the Vietnam Veterans Association and veterans to participate in economic and social development activities in accordance with the law.

Article 16. Responsibilities of Agencies, Organizations, and Units

Within their assigned tasks and powers, agencies, organizations, and units have the responsibility to coordinate and create conditions for the Vietnam Veterans Association and veterans to carry out their activities.

Chapter V

IMPLEMENTING PROVISIONS

Article 17. Effective Date

This Ordinance takes effect from January 1, 2006.

Article 18. Detailed Provisions and Guidance on Implementation

The Government shall provide detailed provisions and guidance on the implementation of this Ordinance. The Central Executive Committee of the Vietnam Veterans Association, within its assigned tasks and powers, shall cooperate with competent state agencies to guide the implementation of this Ordinance.