Joint Circular No. 28/2013/TTLT-BLDTBXH-BQP guiding the confirmation of martyrs, war invalids, and persons entitled to benefits similar to those for war invalids in wars without documents

JOINT CIRCULAR

Guidelines for confirming烈士、残疾军人和享受与残疾军人相同政策的人 war invalidsin wars without documentation

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Pursuant to DecreeNo. 106/2012/NĐ-CP dated December 20, 2012 of the Government detailing the functions, tasks, and organizational structure of the Ministry of Labor, War Invalids and Social AffairsJune 2024;ng 12 year 2012 of Ch"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."nh phủ Quy định chức năng, nhiệm vụ, quyền hạn và cơ cof the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home AffairsThe Minister of Labor, Invalids and Social Affairs issues this Circular stipulating the construction, management, update, exploitation and use of social assistance and poverty reduction databases.

căn cứ Nghị định số 35/2013/ND-CP ngày 22 tháng 4 năm 2013 của Chính phủ quy định chi tiết của Luật An toàn, vệ sinh lao động về hoạt động kiểm định kỹ thuật an toàn lao động, huấn luyện;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."nh phủ Quy định chức năng, nhiệm vụ, quyền hạn và cơ cof the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairs1. Organizations and individuals directly importing goods or trading, purchasing, selling, transporting, delivering imported goods or producing, processing export goods permitted to be consumed in Vietnam (collectively referred to as production and trading establishments of imported goods).

Pursuant to DecreeNo. Decision No. 31/2013/NĐ-CP dated April 9, 2013 of the Government detailing and guiding the implementation of certain provisions of the Ordinance on preferential treatment for those who have contributed to the revolution"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."nh phủ quy định chi tiết, hướng dẫn thi hành một sNo. điều của Pháp lệnh priority đãi người có công với cách mạng;

To implement the Resolution of the Government's regular meeting in July 2013 (Resolution 96/NQ-CP dated August 7, 2013), including the task assigned to the Ministry of Labor - Invalids and Social Affairs to take the lead and coordinate with the Ministry of National Defense to guide the resolution of pending issues related to disabled veterans and people who have made contributions to the revolution without documentation as stipulated; issues to the Head of the General Staff, Commander of the Military Region, Naval Zone Command, Director of the Enforcement Bureau "7. A flexible power plant is a thermal power plant using reciprocating internal combustion engines (RICE) or aeroderivative gas turbines (Aero-GT) with fast start-up capabilities, designed in modular form to generate electricity for balancing capacity and maintaining power system stability."No. The Ministers of the Ministry of Labor - Invalids and Social Affairs and the Ministry of National Defense issue this Circular to provide guidelines for confirming martyrs, disabled veterans, and people enjoying benefits similar to those of disabled veterans in wars without documentation.g This Circular provides guidelines for confirming martyrs, disabled veterans, and people enjoying benefits similar to those of disabled veterans for those who died or were injured in combat or directly served in combat before December 31, 1991, and no longer have documentation.No.1. Those who have died and have a document from an authorized agency concluding that they do not meet the conditions for confirmation as a martyr or have been settled under the deceased soldier, military death, labor accident, or war accident benefits system.No.2. Those who were injured and have a document from an authorized agency concluding that they do not meet the conditions for confirmation as a disabled veteran or have been settled under the labor accident or war accident benefits system.shall 3. Those who were injured and have been assessed with a disability rate below 21%, or those who have attended rehabilitation camps but have not been assessed due to only having records of pressure or trauma.

4. Cases specified in Article 2 of Decree No. 31/2013/NĐ-CP dated April 9, 2013, of the Government detailing and guiding the implementation of certain provisions of the Ordinance on Preferential Treatment for People Contributing to the Revolution.

CChapter I

GENERAL PROVISIONS

Article 1. Scope and Applicability

MARTYRS

Article 2. Subjects Not Subject to Application

Article 3. Basis for confirming martyrs

1. Lists of martyrs kept by agencies or units recording the names of those who died, or documents or materials with legal value established before December 31, 1994, noting them as martyrs or dying in combat or directly serving in combat.

2. Those who died and were honored by local authorities and the public as being buried in martyrs' cemeteries at their place of death, with a martyr's tombstone erected before December 31, 1994.

Article 4. Procedures for confirming martyrs among military and police forces

Chapter II

1. Representatives of the relatives of the deceased submit a request for confirmation as a martyr (Model LS) along with the documents and materials specified in Clause 1 of Article 3 of this Circular to the People's Committee of the commune where the deceased resided before joining the military or police.

In cases where individuals joined the military or police from agencies, factories, farms, or forestry enterprises, confirmation from these agencies or units prior to joining must be provided for the People's Committee of the commune where the deceased resided to establish the file.

For cases specified in Clause 2 of Article 3 of this Circular, a certificate regarding the grave and the time of burial of the martyr's remains issued by the Director of the Department of Labor - Invalids and Social Affairs managing the martyrs' cemetery must be attached.

a) Request opinions in writing from the Veterans' Association and the Senior Citizens' Association at the same level regarding the confirmation as a martyr;

b) Publicly post the list at the village or neighborhood where the deceased resided before joining the military or police; announce it through local mass media to seek public opinion. The minimum posting period is 15 days. Prepare a Record of Public Posting Results;

c) Based on the Record of Public Posting Results and the written opinions of the Associations at Point a of this Clause, convene a Commune-level Recognition Council to review and draft a Record of Meeting to propose confirmation as a martyr (Model BB-LS) for cases where there is public consensus and no complaints or accusations;

d) Send the Record of Meeting to propose confirmation as a martyr, the Record of Public Posting, and the written opinions of the Associations at Point a of this Clause, along with the documents and files specified in Clause 1 of this Article, to the Military Command of the district (for those who died in the military) or the Police of the district (for those who died in the police).

3. The Military Command of the district or the Police of the district shall check the files, determine the legal validity of the documents serving as the basis for requesting confirmation as a martyr; if the conditions are met, issue a letter with a list and the required documents as specified in Point d of Clause 2 of this Article to the Provincial Military Command or the Hanoi Capital Military Command (for military personnel) or the Provincial Police (for police personnel).

2. The People's Committee at the commune level has the responsibility:

4. The Provincial Military Command or the Hanoi Capital Military Command; the Provincial Police shall be responsible for:

a) Cooperating with relevant agencies to verify and prepare verification forms (Model XM), issuing death certificates for cases with complete files; issuing letters proposing confirmation as a martyr with lists and files to the Political Department of the Military Region (for military personnel) for review and consolidation to be submitted to the Policy Bureau of the General Political Department of the Vietnam People's Army; submitting to the Policy Bureau of the General Force Construction Department of the People's Public Security (for police personnel);

The Hanoi Capital Military Command shall submit to the Policy Bureau of the General Political Department of the Vietnam People's Army;

b) Receiving the "National Merit Certificate" and the martyr's file; directing agencies and units to cooperate with the Department of Labor - Invalids and Social Affairs of the district and the People's Committee of the commune where the martyr's relatives reside to organize a memorial service; transferring the martyr's file to the Department of Labor - Invalids and Social Affairs for management and implementation of preferential policies according to regulations.

5. The Policy Bureau of the General Political Department of the Vietnam People's Army; the Policy Bureau of the General Force Construction Department of the People's Public Security shall be responsible for:

a) Checking the files within their authority;

b) Submitting to the Minister of National Defense or the Minister of Public Security a letter requesting the Ministry of Labor - Invalids and Social Affairs to review and submit

The Command of Hanoi Capital sends to the Policy Department, General Political Department of the Vietnam People's Army;

b) Accepting the "Nation Commends" Medal and the烈士档案；指挥机关、单位与县级劳动-残疾人和社会事务局及烈士亲属所在乡级人民政府联合组织追悼仪式；将烈士档案移交给劳动-残疾人和社会事务局管理，按照规定实施优待制度。

5. The Policy Department of the General Political Department of the Vietnam People's Army; The Policy Department of the Force Construction General Corps of the People's Public Security have the responsibility:

a) To inspect files within their authority;

b) To submit a letter requesting the Ministry of Labor - War Invalids and Social Affairs to review and approve to the Minister of National Defense or the Minister of Public Security

c) Transfer the "Nation Commemorates the Fallen" Medal and烈士档案至提出请求的机关。

Article 5. Procedures for confirmation of those who sacrificed but were not part of the military or police forces.

1. The representative of the relatives of the person who sacrificed shall submit a request for confirmation as a烈士(Mold LS) along with the documents and materials specified in Clause 1, Article 3, to the People's Committee of the commune where the person resided before participating in the revolution.

3. The Military Command of the district or the Police of the district shall check the files, determine the legal validity of the documents serving as the basis for requesting confirmation as a martyr; if the conditions are met, issue a letter with a list and the required documents as specified in Point d of Clause 2 of this Article to the Provincial Military Command or the Hanoi Capital Military Command (for military personnel) or the Provincial Police (for police personnel).

2. The People's Committee at the commune level has the responsibility:

a) Follow the provisions set out in Clause 2, Article 4 of this Circular. In cases where the person who sacrificed was a Volunteer Youth, an additional written opinion from the Association of Former Volunteer Youths or the Volunteer Youth Association at the same level should be included.

b) Send the file to the Department of Labor, Invalids, and Social Affairs.

3. The Department of Labor, Invalids, and Social Affairs shall be responsible for:

a) Reviewing the file, reporting to the Chairman of the People's Committee of the district to organize meetings of the Steering Committee for confirmation of meritorious persons to review each file individually; prepare minutes of the review.

b) Based on the minutes of the review by the Steering Committee, report to the Chairman of the People's Committee of the district to issue death certificates for cases within their authority.

c) In cases where issuing death certificates is not within the authority of the People's Committee of the district, transfer the file to the competent authority as stipulated in Points c and d, Clause 2, Article 18 of Decree No. 31/2013/NĐ-CP.

If the person who sacrificed was a Volunteer Youth under the management of the Ministry of Transport, transfer the file to the Ministry of Transport to issue the death certificate. If the person who sacrificed was a Volunteer Youth under the management of other agencies or units, transfer the file to the Department of Personnel and Administration to consider and report to the Chairman of the People's Committee of the province to issue the death certificate.

d) Transfer all files to the Department of Labor, Invalids, and Social Affairs to report to the Chairman of the People's Committee of the province to issue a letter requesting the Ministry of Labor, Invalids, and Social Affairs to conduct a review.

4. The competent authority to issue death certificates as stipulated in Point c, Clause 3 of this Article shall be responsible for:

a) Issuing the death certificate; sending a letter with the file to request the Ministry of Labor, Invalids, and Social Affairs to conduct a review, and reporting to the Prime Minister to issue the "Nation Commemorates the Fallen" Medal.

b) Receiving the "Nation Commemorates the Fallen" Medal and the烈士档案; directing relevant departments and units to cooperate with the Department of Labor, Invalids, and Social Affairs of the district and the People's Committee of the commune where the relatives of the烈士reside to organize a memorial service; transferring the烈士档案to the Department of Labor, Invalids, and Social Affairs for management and implementation of preferential policies as prescribed.

Chapter III

INVALIDS, PERSONS ENJOYING BENEFITS SIMILAR TO THOSE OF INVALIDSAS INVALIDS

Article 6. Basis for Issuing a Certificate of Wounding

1. Basis for Proving Participation in the Revolution

a) For individuals who left civilian life to participate in the revolution or engaged in non-detached activities but later joined state agencies, one of the following documents must be provided: cadre resume; party member resume; military personnel resume; public security personnel resume; decision on demobilization, discharge, or resignation; social insurance file or other documents and materials with legal value established before December 31, 1994. In cases where none of these documents exist but the individual has received benefits under the following Prime Minister's Decisions, the provisions of Point b, Clause 1 shall apply:

Decision No. 47/2002/QĐ-TTg dated April 11, 2002 on the treatment of military personnel and defense workers who participated in the anti-French resistance war and were demobilized (discharged, resigned) before December 31, 1960;

Decision No. 290/2005/QĐ-TTg dated November 8, 2005 on the treatment and policy for certain individuals directly involved in the anti-US resistance war but not yet enjoying state policies;

Decision No. 142/2008/QĐ-TTg dated October 27, 2008 on implementing the treatment of military personnel who participated in the anti-US resistance war with less than 20 years of service in the military and were demobilized, discharged, or resigned;

Decision No. 62/2011/QĐ-TTg dated November 9, 2011 on the treatment and policy for individuals who participated in the war to protect the country and served in Cambodia and Laos after April 30, 1975 and were demobilized, discharged, or resigned;

Decision No. 53/2010/QĐ-TTg dated August 20, 2010 on the treatment of public security personnel who participated in the anti-US resistance war with less than 20 years of service in the public security force and were resigned, discharged, or resigned;

Decision No. 40/2011/QĐ-TTg dated July 27, 2011 on the treatment of volunteer youths who completed their tasks during the resistance war.

b) For individuals who engaged in non-detached activities and did not subsequently join state agencies, they must provide a detailed statement of participation in the revolution, confirmed by the People's Committee of the commune where they reside.

2. Basis for Proving Wounding in Combat or Directly Serving in Combat

a) Documents indicating pressure or trauma; lists of wounded military personnel (or wounded individuals) maintained by the managing agency when wounded, including the name of the individual wounded.

b) Documents and materials issued by the agency or unit before December 31, 1994, recording the individual wounded while participating in combat or directly serving in combat. If the documents do not specify specific injuries, rely on the results of physical injury inspections conducted by authorized agencies or units.

c) Individuals wounded in the military or public security forces with physical injuries but without a list of wounded military personnel maintained by the managing agency when wounded, which has since been dissolved or lost.

In cases where there are no physical injuries but metal objects remain in the body, a result of imaging and a conclusion from a county-level hospital or military or public security hospital confirming the presence of metal objects in the body is required.

d) Individuals not in the military or public security forces who were wounded in the anti-French resistance war in the South and in the B, C, K battlefields and in the war to protect the country, still have physical injuries.

In cases where metal objects remain in the body, a result of imaging and a conclusion from a county-level hospital or military or public security hospital confirming the presence of metal objects in the body is required.

đ) A person not belonging to the military or police forces who was injured during the anti-French resistance in the North and during the period of resisting the United States' war of destruction in the North, currently has the results of imaging and conclusions from a district-level hospital or higher, or a military or police hospital, confirming the presence of metallic foreign bodies in their body.

Article 7. Procedures for confirmation of persons who were injured and have since been discharged from the military forces.

1. The injured person shall prepare a personal declaration form (Form TB) along with proof of participation in the revolution as prescribed in Clause 1, Article 6 of this Circular, to be submitted to the People's Committee of the commune where they reside before enlistment, and depending on the circumstances, attach one of the following documents:

a) In cases prescribed in Points a and b of Clause 2, Article 6 of this Circular, attach documents and materials proving injury;

b) In cases involving metallic foreign bodies in the body as prescribed in Point c of Clause 2, Article 6 of this Circular, attach the results of imaging and conclusions from a district-level hospital or higher, or a military or police hospital; in cases involving physical wounds, follow the provisions of Point b of Clause 4 of this Article.

2. The People's Committee at the commune level has the responsibility:

a) Propose that the Veterans Association and the Senior Citizens' Association at the same level provide written comments on the confirmation of wounded soldiers;

b) Publicly post the list at the village or neighborhood level where the injured person resides before enlistment; announce through local mass media to solicit public opinions. The minimum posting announcement period is 15 days. Prepare a Record of Public Posting Results;

c) Based on the Record of Public Posting Results and the written comments of the Associations as stipulated in Point a of this Clause, organize a meeting of the Recognition Council to review and prepare a Record of Proposal for Confirmation of Wounded Soldiers (Form BB-TB) for those cases that are agreed upon by the public and without complaints or accusations;

d) Send the Record of Meeting Proposal for Confirmation of Wounded Soldiers, the Record of Public Posting Results, and the written comments of the Associations as stipulated in Point a of this Clause, along with the documents and files as prescribed in Clause 1 of this Article, to the Military Command Board of the district;

3. The Military Command Board of the district shall be responsible for checking the files; if the conditions are met, issue a letter accompanied by a list and file sent to the Provincial Military Command or the Military Command of Hanoi Capital;

4. The Provincial Military Command, the Military Command of Hanoi Capital shall be responsible for:

a) Checking and completing the files according to their authority;

Cooperating with relevant agencies to check and prepare verification forms (Form XM), confirming the accuracy of the documents and procedures in the file;

b) Preparing a Record of Physical Wound Inspection (Form XN) for cases prescribed in Points b and c of Clause 2 of Article 6 of this Circular;

c) Issuing a certificate of injury for cases where the file meets the conditions; issue a letter accompanied by a list and file sent to the Political Department of the Military Region. For the Military Command of Hanoi Capital, send to the Policy Department, General Political Department of the Vietnam People's Army;

d) Receiving the file to implement a one-time allowance for cases of reduced work capacity below 21%; transferring the wounded soldier's file to the Department of Labor, Invalids, and Social Affairs where the subject resides for management and implementation of benefits.

5. The Political Department of the Military Region shall be responsible for:

a) Reviewing the file, issuing a letter requesting the Policy Department, General Political Department of the Vietnam People's Army to conduct a review;

b) Based on the review result of the Policy Department, General Political Department of the Vietnam People's Army, introduce the injured person to the Medical Examination Board for disability assessment;

c) Based on the medical examination record, report to the Military Region Command to issue a decision implementing preferential treatment;

d) Transfer the file back to the Provincial Military Command.

6. The Policy Department, General Political Department of the Vietnam People's Army shall be responsible for:

a) Reviewing the disability file (Form PTĐ-TB); returning the file to the Political Department of the Military Region to introduce to the Medical Examination Board for disability assessment for cases within its jurisdiction;

b) Reviewing the disability file (Form PTĐ-TB); introducing to the Medical Examination Board for disability assessment and issuing a decision implementing preferential treatment for cases under the Military Command of Hanoi Capital;

c) Returning the file to the Military Command of Hanoi Capital to implement a one-time allowance for cases of reduced work capacity below 21%; transferring the wounded soldier's file to the Department of Labor, Invalids, and Social Affairs where the subject resides for management and implementation of benefits.

Article 8. Procedures for confirmation of wounded individuals belonging to the military forces who are currently serving

1. The wounded individual shall prepare a personal declaration form (Form TB) and attach relevant documents as specified in Clause 1, Article 7 of this Circular to be submitted to the directly managing agency (Military Office at the district level or regiment and equivalent units).

2. The directly managing agency of the wounded individual shall have the responsibility to:

a) Publicly post the list of wounded individuals at the agency or unit for a minimum period of 15 days. Prepare a record of the public posting results; confirm the personal declaration forms;

b) Based on the record of the public posting results, convene a Council for Confirmation of Meritorious Individuals of the agency or unit to review; prepare a meeting record proposing confirmation of wounded individuals (Form BB-TB) for cases without complaints or accusations, accompanied by documents as specified in Clause 1 of this Article, to be sent to the Provincial Military Command, the Capital Command of Hanoi or division and equivalent units.

3. The Provincial Military Command, the Capital Command of Hanoi, or division and equivalent units shall have the responsibility to:

a) Checking and completing the files according to their authority;

b) Preparing a Record of Physical Wound Inspection (Form XN) for cases prescribed in Points b and c of Clause 2 of Article 6 of this Circular;

c) Issue a certificate of injury for cases where the file meets the conditions; send a letter with the file attached to the political department of subordinate units under the Ministry of National Defense.

4. The political department of subordinate units under the Ministry of National Defense shall have the responsibility to:

a) Review the file, issue a letter requesting the Policy Department, General Political Department of the Vietnam People's Army to appraise;

b) Based on the appraisal results, introduce the injured person to the Medical Examination Board for disability assessment for cases within their authority;

c) Report to the Military Zone Command to issue a decision implementing preferential policies for cases within their authority; transfer the file back to the Provincial Military Command or division and equivalent units for management and implementation of the policy.

5. The Policy Department, General Political Department of the Vietnam People's Army shall have the responsibility to:

a) Appraise the disability file (Form PTĐ-TB); return the file to the Military Zone Political Department to introduce to the Medical Examination Board for disability assessment;

b) Appraise the disability file (Form PTĐ-TB); introduce to the Medical Examination Board for disability assessment for remaining units and issue a decision implementing preferential policies (excluding subjects under the authority of the Military Zone); transfer the file to the political department of subordinate units under the Ministry of National Defense for management and implementation of the policy.

Article 9. Procedures for confirmation of wounded individuals belonging to the police force who have been demobilized, discharged, or resigned

1. The wounded individual shall prepare a personal declaration form (Form TB) along with proof of participation in the revolution as specified in Clause 1, Article 6 of this Circular to be submitted to the People's Committee of the commune where they reside before enlistment, and depending on the case, attach one of the following documents:

a) In cases specified in Points a and b, Clause 2, Article 6 of this Circular, attach documents and materials proving injury;

b) In cases with metallic foreign bodies in the body as specified in Point c, Clause 2, Article 6 of this Circular, attach the results of imaging and conclusions from county-level hospitals or military and police hospitals;

2. The People's Committee at the commune level has the responsibility:

a) Propose that the Veterans Association and the Senior Citizens' Association at the same level provide written comments on the confirmation of wounded soldiers;

b) Publicly post the list at the village or neighborhood level where the injured person resides before enlistment; announce through local mass media to solicit public opinions. The minimum posting announcement period is 15 days. Prepare a Record of Public Posting Results;

c) Based on the record of the public posting results and opinions of associations as specified in Point a, Clause 1 of this Article, convene a Council for Confirmation of Meritorious Individuals at the commune level to review, prepare a meeting record proposing confirmation of wounded individuals (Form BB-TB) for cases with popular consensus, without complaints or accusations;

d) Send the meeting record proposing confirmation of wounded individuals, the record of the public posting, opinions of associations as specified in Point a, Clause 1 of this Article, along with documents and files as specified in Clause 1 of this Article to the County Police.

3. The County Police shall have the responsibility to check the file; if it meets the conditions, send a letter with the file attached to the Provincial Police.

4. The Provincial Police shall have the responsibility to:

a) Checking and completing the files according to their authority;

b) Coordinate with functional agencies to check, prepare verification sheets (Form XM), and confirm the accuracy of the documents and procedures in the file;

c) Prepare a record of physical injury inspection (Form XN) for cases specified in Points b and c, Clause 2, Article 6 of this Circular;

d) Issue a certificate of injury; send a letter with the file attached to the Policy Department, General Administration of Building the People's Police Force for appraisal;

đ) Based on the appraisal results, introduce to the Medical Examination Board for disability assessment for cases where the file meets the conditions; send the medical examination record back to the Policy Department, General Administration of Building the People's Police Force;

e) Accept the file to implement one-time assistance for cases with reduced work capacity below 21%; hand over the wounded individual's file to the Department of Labor, Invalids, and Social Affairs where the subject resides for management and implementation of the policy.

5. The Policy Department, General Administration of Building the People's Police Force shall have the responsibility to:

a) Appraise the disability file (Form PTĐ-TB); notify the appraisal result of the file to the Provincial Police to introduce for disability assessment;

b) Based on the medical examination record, issue a decision implementing preferential policies;

c) Return the file to the Provincial Police.

Article 10. Procedures for confirmation of wounded individuals belonging to the police force currently on active duty

1. The wounded individual shall prepare a personal declaration form (Form TB) and, depending on each case, attach the documents specified in Clause 1, Article 7 of this Circular to send to the directly managing agency (the provincial-level public security agency or equivalent).

2. The directly managing agency of the wounded individual shall have the responsibility to:

a) Publicly post the list of wounded individuals at the agency or unit for a minimum period of 15 days. Prepare a record of the public posting results; confirm the personal declaration forms;

b) Based on the minutes of the results of public posting, organize a meeting of the Recognition Council of the agency or unit to review and prepare the minutes of the Council's meeting proposing recognition as a wounded soldier (Form BB-TB) for cases without complaints or accusations; send a letter with attached documents as specified in Clause 1 of this Article to the provincial-level public security agency or equivalent.

3. The provincial-level public security agency or equivalent shall be responsible for:

a) Checking and completing the files according to their authority;

b) Preparing a Record of Physical Wound Inspection (Form XN) for cases prescribed in Points b and c of Clause 2 of Article 6 of this Circular;

c) Issuing a certificate of injury; sending a letter with attached file to the Policy Department, the General Bureau for Building the People's Public Security Force for verification;

d) Based on the verification results, refer to the Medical Examination Board for disability assessment for cases where the file meets the conditions; send the medical examination minutes back to the Policy Department, the General Bureau for Building the People's Public Security Force;

đ) Receive files for management and implementation of benefits.

4. The Policy Department, the General Bureau for Building the People's Public Security Force shall be responsible for:

a) Verifying the disability file (Form PTĐ-TB); notify the verification result of the file to the provincial-level public security agency or equivalent for referral for disability assessment;

b) Based on the medical examination record, issue a decision implementing preferential policies;

c) Return the file to the provincial-level public security agency or equivalent.

Article 11. Procedures for confirmation of wounded individuals not belonging to the military or police forces

1. The wounded individual shall prepare a personal declaration form (Form TB) along with proof of participation in the revolution as specified in Clause 1, Article 6, sent to the People's Committee of the commune where they reside before participating in the revolution, and depending on each case, attach one of the following documents:

a) In cases specified in Points a and b, Clause 2, Article 6 of this Circular, attach documents and materials proving injury;

b) In cases where there is metallic foreign body in the body as specified in Point d, đ, Clause 2, Article 6 of this Circular, must have the results of imaging and conclusion from a district-level hospital or higher, or a military or public security hospital.

2. The People's Committee at the commune level has the responsibility:

a) Propose the Veterans' Association and the Elderly Association at the same level to provide written opinions on recognizing individuals as beneficiaries of policies similar to those for wounded soldiers;

In cases where the wounded individual is a Volunteer Youth, additional written opinions from the Association of Former Volunteer Youth or the Volunteer Youth Liaison Board at the same level should also be proposed.

b) Publicly post the list at the village or commune level and the People's Committee of the commune where the wounded individual resides before participating in the revolution; announce on local mass media to solicit public opinion for a minimum period of 15 days. Prepare the minutes of the public posting results;

c) Based on the minutes of the public posting results and the written opinions of the Associations as specified in Point a of this Clause, organize a meeting of the Commune-level Recognition Council to review and prepare the minutes of the Council's meeting proposing recognition as a beneficiary of policies similar to those for wounded soldiers (Form BB-TB) for cases where the public agrees, and there are no complaints or accusations;

d) Send the minutes of the Council's meeting proposing recognition as a beneficiary of policies similar to those for wounded soldiers, the minutes of the public posting, and the written opinions of the Associations as specified in Point a of this Clause, along with the documents and file as specified in Clause 1 of this Article to the Labor - Invalids and Social Affairs Office.

3. The Department of Labor, Invalids, and Social Affairs shall be responsible for:

a) Reviewing the file, reporting to the Chairman of the People's Committee of the district to organize meetings of the Steering Committee for confirmation of meritorious persons to review each file individually; prepare minutes of the review.

In cases specified in Points b, d, đ of Clause 2, Article 6 of this Circular, report to the Chairman of the People's Committee of the district to instruct the health agency of the district to inspect the physical wounds and prepare the inspection minutes (Form XN).

b) Based on the minutes of the review by the Steering Board, submit to the Chairman of the People's Committee of the district to issue a certificate of injury for cases within their authority;

c) In cases not within the authority of the People's Committee of the district to issue a certificate of injury, transfer the file to the competent agency as stipulated in Point c, d of Clause 2, Article 28 of Decree No. 31/2013/NĐ-CP;

If the wounded individual is a Volunteer Youth under the management of the Ministry of Transport, transfer the file to the Ministry of Transport to issue a certificate of injury. If the wounded individual is a Volunteer Youth under the management of other agencies or units, transfer the file to the Department of Personnel and Administration to consider and submit to the Chairman of the People's Committee of the province to issue a certificate of injury;

4. The competent agency issuing the certificate of injury shall be responsible for checking the file, issuing the certificate of injury, and transferring the entire file to the Department of Labor - Invalids and Social Affairs to refer the wounded individual to the Medical Examination Board for disability assessment.

Chapter IV

IMPLEMENTING PROVISIONS

Article 12. Implementation Organization

1. The Department of People with Merit, the Ministry of Labor - Invalids and Social Affairs; the Policy Department, the General Political Department of the Vietnam People's Army and the Policy Department, the General Bureau for Building the People's Public Security Force shall be responsible for:

a) Advising the leadership of the Ministry to direct the establishment and verification of files at localities and agencies;

b) Cooperating to check and handle violations and promptly reporting to the relevant ministries to resolve issues arising during the implementation of policies;

c) Based on the provisions of this Circular, guiding agencies and units on the procedures and authority for establishing and verifying files. The Policy Department, the General Political Department of the Vietnam People's Army and the Policy Department, the General Bureau for Building the People's Public Security Force, guide the establishment of the Physical Wound Inspection Council and the Recognition Council in military and public security agencies and units; organizing the verification of files according to regulations.

2. The Political Departments of Military Regions and subordinate units of the Ministry of National Defense shall be responsible for:

a) Directing agencies and units under their jurisdiction to cooperate with related agencies inside and outside the military to guide the establishment and review of files according to regulations;

b) Directly reviewing files and referring to superiors for verification; cooperating to check and handle violations and promptly reporting to resolve issues arising during the implementation of policies.

3. Labor - Invalids and Social Affairs, Military, and Police agencies in the areas under their management shall be responsible for:

a) Direct and organize inspections, coordinate to verify files in accordance with regulations. Only accept files where the documents and materials serving as the basis for confirmation are original or certified copies. Do not accept files where the documents and materials serving as the basis for confirmation show signs of alteration, erasure, or additional information being added;

b) Resolve complaints and reports within their jurisdiction.

4. Responsibilities of People's Committees at all levels:

a) Organize propaganda and dissemination of preferential policies for those who have rendered meritorious service to the revolution;

b) Direct the work of establishing and reviewing files; inspect, check, resolve complaints and reports, and handle violations within the area under management;

5. The People's Committee at the district level shall be responsible for:

Establishing a Steering Committee for Confirmation of Meritorious Persons headed by the Chairman of the People's Committee; members include representatives from the Labor, Invalids, and Social Affairs Office; Military Command; Public Security; Health; Fatherland Front; Association of War Invalids and Disabled Veterans; Association of the Elderly; Association of Former Youth Volunteers;

6. The People's Committee at the commune level shall be responsible for:

a) Organizing verification, conclusions, and clarification at the grassroots level in cases involving complaints and reports from the people; do not transfer files with unresolved complaints and reports to higher-level agencies;

b) Establishing a Verification Board for Meritorious Persons headed by the Chairman of the People's Committee; members include labor, invalids, and social affairs officials, military personnel, public security officers, health workers; representatives from the Fatherland Front, Association of War Invalids and Disabled Veterans, Association of the Elderly; Association of Former Youth Volunteers.

c) The Verification Board for Meritorious Persons shall convene public meetings; when holding meetings, there must be a representative from the district-level Steering Committee for Confirmation of Meritorious Persons present. The minutes of the meeting only have validity if they are signed by a sufficient number of attendees and unanimously agree on the confirmation proposal.

7. For files that do not meet the conditions for review, the receiving agency shall return the file and provide a written response stating the reasons.

Article 13. Effective Date

1. This Circular takes effect from December 15, 2013.

2. During the implementation process, if there are difficulties, agencies and organizations shall report them to the Ministry of Labor, Invalids, and Social Affairs - Ministry of National Defense for consideration and resolution./.