Decree No. 28/CP detailing and guiding the implementation of certain Articles of the Ordinance on Preferential Treatment for Revolutionary Activists, Martyrs and Families of Martyrs, War Invalids, Veterans, and Those Who Have Contributed to the Revolution

DECREE OF THE GOVERNMENT

Detailed regulations and guidance on implementing certain provisions of the Ordinance on Preferential Treatment for Persons Engaged in Revolutionary Activities, Martyrs, and Families of Martyrs, War Invalids, Veterans, and Those Who Have Contributed to the Revolution

 

THE GOVERNMENT

Pursuant to the Government Organization Law issued on September 30, 1992;

Pursuant to Ordinance No. 1994/PL-UBT dated August 29, 1994 on Preferential Treatment for Persons Engaged in Revolutionary Activities, Martyrs, and Families of Martyrs, War Invalids, and Those Who Have Contributed to the Revolution;

At the proposal of the Minister of Labor, Invalids and Social Affairs,

 

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Persons entitled to preferential treatment under Article 1 of the Ordinance on Preferential Treatment for Persons Engaged in Revolutionary Activities, Martyrs, and Families of Martyrs, War Invalids, Veterans, and Those Who Have Contributed to the Revolution shall be referred to as persons who have contributed to the revolution.

Article 2The preferential treatment regime for persons who have contributed to the revolution must be appropriate to the economic, political, and social conditions of the country at each period; consistent with national laws and policies; reflective of the nature and characteristics of the people's armed forces; suitable to the living standards of state officials and the public; and commensurate with the contributions and circumstances of those receiving benefits.

Article 3. Annually, apart from the budget allocated for implementing preferential treatment regimes for persons who have contributed to the revolution, the State also allocates a portion of funds from the national employment fund, poverty reduction fund, etc., for such persons to borrow, create jobs, and stabilize their lives.

Article 4.

1. For individuals meeting the criteria to be recognized as two or more categories under Article 1 of the Ordinance, they shall receive the allowances and subsidies (if applicable) corresponding to each category individually, but for other preferential treatments, they shall only enjoy the higher benefits stipulated in this Decree.

2. Persons who have contributed to the revolution as defined in Article 1 of the Ordinance and who simultaneously receive salaries or social insurance benefits, upon death, the social insurance fund will cover funeral expenses, burial costs, and pensions; in cases where dependents receive lower pensions under the social insurance scheme than those stipulated in this Decree, they shall only receive the higher pension funded by the state budget.

3. War invalids, workers, and civil servants who have retired due to loss of working capacity but are also war invalids, recipients of policies similar to war invalids, or war invalids with injuries sustained before January 1, 1995, shall temporarily still be considered within the category recognized prior to the issuance of this Decree.

Article 5. It is strictly prohibited to use funds designated for caring for persons who have contributed to the revolution for other purposes.

 

PART II

OBJECTS AND CONDITIONS FOR RECOGNITION

PERSONS WHO HAVE CONTRIBUTED TO THE REVOLUTION AND PREFERENTIAL REGIMES 

PART I

REGARDING PERSONS ENGAGED IN REVOLUTIONARY ACTIVITIES PRIOR TO THE AUGUST REVOLUTION OF 1945

Article 6. Persons who have contributed to the revolution prior to the August Revolution of 1945, as specified in Article 5 of the Ordinance, shall be recognized by competent authorities and entitled to preferential treatment by the State:

1. Monthly allowance of 120,000 VND (for both detached and non-detached cadres).

2. In addition to the monthly allowance mentioned above:

a) Detached cadres engaged in revolutionary activities who are currently receiving salary or retirement benefits shall receive a monthly subsidy calculated based on the duration of their pre-revolutionary activities, with 30,000 VND per year of activity.

b) Non-detached cadres without salary or retirement benefits, if they were involved in revolutionary activities from 1935 or earlier, shall receive a monthly subsidy of 200,000 VND; if their activities were from 1936 to before the August Revolution of 1945, they shall receive a monthly subsidy of 150,000 VND.

3. They shall be provided with funds to purchase daily People's Newspaper; cultural and spiritual activities shall be organized appropriately.

4. When cadres engaged in revolutionary activities prior to the August Revolution of 1945 die, the person organizing the funeral shall be granted funeral and burial expenses totaling 960,000 VND; biological parents, spouse, or children with congenital disabilities or severe disabilities since childhood shall receive a monthly pension of 72,000 VND per person; if living alone, they shall receive a monthly maintenance allowance of 240,000 VND per person.

The monthly pension and maintenance allowance stipulated in this Article apply to those who were recognized as cadres engaged in revolutionary activities prior to the August Revolution of 1945 and died before January 1, 1995.

Article 7. Persons engaged in revolutionary activities prior to the August Revolution of 1945 who have already received preferential treatment under Article 5 of the Ordinance shall not be entitled to benefits under Article 6 of the Ordinance.

Article 8. The head of mass revolutionary organizations at the commune level as defined in Article 6 of the Ordinance refers to the heads of various Salvation Associations (Workers' Salvation Association, Farmers' Salvation Association, Youth Salvation Association, Military Salvation Association, Women's Salvation Association, Children's Salvation Association) and organizations within the Vietnam Salvation League.

Article 9. The basis for reviewing and deciding to recognize persons engaged in revolutionary activities as defined in Article 6 of the Ordinance is as follows:

1. For detached cadres, the basis is the personal history declaration made before 1960. If the declaration made in 1960 was lost by the cadre management agency before retirement and there is confirmation, then the declaration made during the "Campaign to Protect the Party" immediately thereafter (up to 1969) shall be accepted. In cases where cadres engaged in continuous revolutionary activities in regions B, K, and C from 1954 to April 30, 1975, the basis is the declaration made in 1975 or 1976.

2. For non-detached cadres who only worked at the grassroots level, they must be certified by two co-workers who have been recognized as cadres engaged in revolutionary activities prior to the August Revolution of 1945 and must be acknowledged by the local veteran conference.

3. Detached and non-detached cadres engaged in revolutionary activities at the local level under the management of the local party committee and government must be confirmed by the Provincial Committee or Municipal Committee.

4. Detached cadres under the management of central ministries, departments, and mass organizations must be confirmed by the Party Committee, Party Group, or Central Cadre Party Committee of the respective ministry, department, or organization.

Based on the confirmation results of the Provincial Committee, Municipal Committee, and Party Committees, Party Groups, or Central Cadre Party Committees of ministries, departments, or organizations as stated in Clauses 3 and 4 above, the Department of Labor, Invalids, and Social Affairs of the province or centrally-administered city where the revolutionary cadre resides shall submit to the Chairman of the Provincial People's Committee or Municipal People's Committee for a decision to recognize and grant preferential treatment. For cadres in the People's Army and Public Security Forces who are still serving, the Ministry of National Defense and the Ministry of Public Security shall examine and decide on the preferential treatment benefits.

Article 10. Persons engaged in revolutionary activities as stipulated in Article 6 of the Ordinance shall be granted a monthly allowance for the uprising amounting to 50,000 VND (including both retired and non-retired cadres who only operate at commune or ward level), and such allowance shall be effective from January 1, 1995.

PART II

REGARDING MARTYRS AND THE FAMILIES OF MARTYRS

Article 11. A Martyr as defined in Article 7 of the Ordinance is a person who has sacrificed their life under one of the following circumstances:

1. Engaging in combat with the enemy or directly serving in combat operations;

2. Directly engaging in political struggle or military propaganda against the enemy;

3. Engaging in revolutionary or resistance activities, captured and tortured by the enemy but refusing to yield, persistently struggling, and implementing the policy of escaping from prison while maintaining steadfastness until death;

4. Fulfilling international obligations;

5. Struggling against various types of criminal offenses;

6. Bravely performing urgent tasks serving national defense and security; bravely rescuing people and state property;

7. Dying due to illness or accidents while on duty for national defense and security in particularly difficult and harsh regions (areas with special salary supplements at a rate of 100%);

8. A war invalid or a person receiving benefits equivalent to those of a war invalid who dies due to the recurrence of wounds, confirmed by the local health facility or hospital where treatment was provided, and recognized by the local authority or managing unit as worthy.

Article 12.

1. The unit, agency, or local authority where the sacrifice occurred shall be responsible for organizing the burial, maintaining the grave, establishing a tombstone record; and submitting a confirmation file of the martyr to the Department of Labor - War Invalids and Social Affairs of the province or city where the martyr's relatives reside.

The martyr's file includes: death certificate, incident report (for cases where the person died while performing urgent tasks for national defense and security, cases of war invalids dying due to the recurrence of old wounds, and cases of individuals dying while fighting crime).

2. The Ministry of Labor - War Invalids and Social Affairs shall provide detailed guidance on the contents of the file and coordinate with relevant ministries and sectors to determine the authorized body to issue the death certificate.

In cases where martyrs leave behind personal belongings or assets, the unit, agency, or local authority where the sacrifice occurred must prepare a record and directly hand over these items to the family of the martyr.

Article 13.

1. The Department of Labor - War Invalids and Social Affairs shall base on the martyr's file to assist the People's Committee of the province or city in guiding the People's Committee of the district, town, or city to organize a funeral announcement ceremony at the martyr's home, assisting the family in completing the declaration form of the martyr's relatives; issuing a decision to grant the "Certificate of Martyr's Family," implementing the assistance system that the family is entitled to, and simultaneously sending the file to the Ministry of Labor - War Invalids and Social Affairs.

2. The Ministry of Labor - War Invalids and Social Affairs shall assist the Government in verifying the recognition of martyrs, presenting the Prime Minister with the "National Commendation Certificate," and organizing the preservation of each martyr's file.

Article 14.

1. Funeral expenses and burial costs are set at 960,000 VND.

2. Expenses for organizing a funeral announcement ceremony are set at 240,000 VND per person.

Article 15. Addressing the issue of martyrs' graves from different periods of resistance and national defense:

1. The Ministry of Defense and the Ministry of Public Security shall be responsible for directing units to search for and exhume the remains of martyrs in islands, border areas, and sparsely populated mountainous regions; and coordinating with relevant agencies of friendly countries to organize the search, exhumation, and transfer of the remains of Vietnamese volunteer soldiers, handing them over to the People's Committees of provinces and cities according to the guidelines of the Ministry of Labor - War Invalids and Social Affairs and the Ministry of Defense.

2. The Ministry of Labor - War Invalids and Social Affairs shall be responsible for directing and guiding localities to search for and exhume the remains of martyrs in other areas based on the tombstone records handed over by units or discovered by local residents, with confirmation from military or public security units or local authorities.

3. The People's Committees of provinces and centrally-administered municipalities shall be responsible for receiving the remains of martyrs belonging to their locality; constructing, upgrading, maintaining, and preserving martyrs' graves, meticulously managing lists and records of each grave, and informing the families of martyrs about the location of the graves.

4. The exhumation and reburial of newly discovered remains of martyrs shall be carried out as follows:

The People's Committees of provinces and centrally-administered municipalities shall direct the Departments of Labor - War Invalids and Social Affairs to reinter the remains of local martyrs in nearby martyrs' cemeteries near the place of residence of the families; for remains with names and hometowns listed as belonging to other localities, they shall compile a list by province or city and report it to the Ministry of Labor - War Invalids and Social Affairs, while also notifying the Departments of Labor - War Invalids and Social Affairs in the martyrs' hometowns to arrange for transportation and handover to those localities; for remains without full identification, they shall be reinterred in local martyrs' cemeteries, clearly noting the previous burial site; for collective graves with shared lists but without specific identification of individual remains, they shall be reinterred in local cemeteries, arranged in separate sections, with a common monument erected to record recoverable information (name, date, month, year of sacrifice, place of sacrifice or hometown...).

5. For graves of martyrs that the families wish to retain and preserve, the grassroots authorities shall consider and compile a list for the Labor - War Invalids and Social Affairs department to resolve and support the construction of grave covers according to the regulations of the Joint Ministry of Labor - War Invalids and Social Affairs and Finance.

6. For areas or individual graves discovered by the public but not yet confirmed as martyrs' graves, the People's Committees at all levels shall assign the local military authorities to cooperate with the Labor - War Invalids and Social Affairs departments to verify and handle the situation.

7. Graves of martyrs with names and hometowns already collected and built in martyrs' cemeteries shall temporarily remain undisturbed. The Chairpersons of the People's Committees at all levels shall be responsible for ensuring careful preservation.

8. The central budget shall only ensure funding for the following tasks: surveying, searching, collecting, processing information related to the search for remains of revolutionary martyrs, exhumation, excavation, relocation, construction, repair, and listing of individual graves of revolutionary martyrs. The Ministry of Labor, Invalids, and Social Affairs and the Ministry of Finance shall jointly issue detailed guidelines on the specific funding levels for each task. The Minister of National Defense, the Minister of Public Security, and the Chairpersons of People's Committees at provincial and municipal levels shall decide on specific funding levels for each case when large forces need to be mobilized, travel is difficult and costly, and there is a risk of illness.

Article 16. Martyrs' cemeteries, memorials to martyrs, and houses with lists of martyrs' names are cultural and historical works.

1. Martyrs' cemeteries shall be located in solemn places that are convenient for visits.

2. Memorials to martyrs shall be constructed in the political and cultural centers of the country, of each locality, or at places closely associated with prominent historical battles.

3. Houses with lists of martyrs' names (including individual lists of martyrs) shall be built in the communes or wards where the martyrs originally resided.

People's Committees at all levels shall be responsible for assigning personnel to manage martyrs' cemeteries, memorials, and houses with lists of martyrs' names.

4. The central budget shall ensure funding for the construction, upgrading, and maintenance of martyrs' cemeteries and memorials closely linked to significant historical battles (major battles, revolutionary bases, heroic localities...), volunteer military cemeteries, and areas related to national security and defense.

5. Local budgets shall ensure funding for the construction, upgrading, maintenance, and preservation of martyrs' cemeteries and memorials assigned outside those specified in Clause 4 above.

People's Committees at commune and ward levels may use part of the gratitude fund to build houses with lists of martyrs' names in their respective communes or wards. In cases where the fund is insufficient, they shall coordinate with mass organizations to mobilize contributions from organizations and individuals within the locality.

For localities facing extreme difficulties and lacking financial resources to complete assigned tasks, the central budget shall provide partial support upon request from the Chairperson of the People's Committee of the province or centrally-administered city.

Article 17. A Steering Committee for Martyrs' Graves and Martyrs' Cemeteries shall be established at the central level and in localities with substantial workloads in this area.

The Minister of Labor, Invalids, and Social Affairs shall serve as the Head of the Steering Committee, coordinating with the Ministry of National Defense, the Ministry of Public Security, the State Planning Commission, the Ministry of Finance, and relevant sectors to develop long-term and annual programs on martyrs' graves, martyrs' cemeteries, memorials, and houses with lists of martyrs' names, to be submitted to the Government for approval and guidance on unified implementation nationwide.

Article 18.

1. Spouses (or husbands), children, biological parents, and persons who have made meritorious contributions to raising martyrs (collectively referred to as relatives of martyrs) who wish to visit martyrs' graves listed in the notification of the Ministry of Labor, Invalids, and Social Affairs and incur significant expenses due to extremely difficult circumstances shall receive partial support from the local budget where the relatives reside.

The Chairperson of the People's Committee of the province or centrally-administered city shall specify the level of support.

2. The central budget shall provide partial funding to localities with high demand for receiving relatives of martyrs visiting graves.

The Ministry of Labor, Invalids, and Social Affairs and the Ministry of Finance shall stipulate the level of support for each province or centrally-administered city according to the annual plan.

The Department of Labor, Invalids, and Social Affairs shall cooperate with local military authorities to assist People's Committees in planning and guiding procedures for relatives visiting martyrs' graves, providing financial support (if applicable), and welcoming relatives of martyrs from other localities.

Article 19. The family of a martyr includes the relatives of the martyr as defined in Article 9 of the Ordinance and shall be issued a "Certificate of Martyr's Family" and entitled to preferential treatment as follows:

1. The spouse of a martyr who is legally married or recognized as such by the people and competent authorities.

In cases where the spouse of a martyr remarries but falls under one of the following two circumstances, if acknowledged by the martyr's family and recognized by the People's Committee of the commune or ward, they shall also be eligible for preferential treatment:

The spouse of a martyr remarries but continues to raise the martyr's child until adulthood or continues to support the martyr's parents.

The spouse of a martyr remarries but now lives alone because the subsequent spouse has passed away.

2. Children of a martyr include legitimate children, legally adopted children, and illegitimate children recognized by law, and children born during the pregnancy of the mother when the father had already died.

3. Biological parents of a martyr.

4. Persons who have made meritorious contributions to raising a martyr are those who truly raised the martyr from childhood, treated the martyr like their own child, and nurtured the martyr for ten years or more while the martyr was under sixteen years old. In cases where the person raised the martyr during infancy or in times of great calamity for five years or more while the martyr was under sixteen years old, they shall also be recognized as having made meritorious contributions to raising the martyr.

Article 20. Relatives of martyrs as defined in Article 19 of this Decree shall receive pensions as follows:

1. They shall receive a one-time pension of 3,000,000 VND upon notification of death.

2. Spouses (or husbands), biological parents, and persons who have made meritorious contributions to raising a martyr, when reaching fifty-five years of age for men and fifty years of age for women, or not yet reaching these ages but losing sixty-one percent or more of their working capacity; or having three or more children who are martyrs reaching fifty-five years of age for men and fifty years of age for women, or not yet reaching these ages but losing sixty-one percent or more of their working capacity; children of martyrs under sixteen years of age; children of martyrs over sixteen years of age who continue to study secondary school, vocational training, specialized secondary education, college, university, suffer from congenital disabilities, or become severely disabled from a young age and are orphaned, shall receive a monthly subsistence allowance of 240,000 VND per person.

Article 21. Relatives of martyrs as defined in Article 20, Clause 3 of this Decree, upon death, the organization arranging the funeral shall be provided with funeral and burial funds amounting to 960,000 VND.

Article 22. If a martyr has no relatives as defined in Article 19 of this Decree, another relative of the martyr who is currently responsible for worshipping the martyr shall receive a one-time allowance of 600,000 VND.

Article 23. Persons who sacrificed before December 31, 1994, if they have not been recognized as martyrs due to one of the reasons specified in Article 11 of this Decree, the Ministry of Labor - Invalids and Social Affairs shall coordinate with relevant ministries and sectors to provide unified guidance on the dossier, procedures for recognition, the period during which relatives receive pension benefits, and the settlement of back payments (if any), and be entitled to funeral expenses at a level of 240,000 dong per case.

PART III

FOR NATIONAL MILITARY HEROES,

NATIONAL MOTHERS WITH SPECIAL MERIT, LABOR HEROES

Article 24.

1. National military heroes, National Mothers with Special Merit, and Labor Heroes as defined in Article 10 of the Ordinance (including both retired and non-retired officials) shall receive a monthly preferential allowance at a rate of 72,000 dong per person.

2. In addition to the preferential allowance stipulated in Clause 1 above, National Mothers with Special Merit shall also receive a monthly maintenance allowance at a rate of 240,000 dong per person (as provided for in Article 20, Clause 3 of this Decree). Specifically, National Mothers with Special Merit living alone without support shall additionally receive a monthly allowance at a rate of 48,000 dong per person.

3. For National Military Heroes and Labor Heroes who passed away before January 1, 1995, their relatives (spouse or partner, biological parents, children) shall receive a one-time allowance at a rate of 3,000,000 dong.

4. Relatives responsible for worshipping those posthumously awarded the title of National Military Hero shall receive a one-time allowance of 3,000,000 dong.

5. When National Military Heroes, National Mothers with Special Merit, and Labor Heroes die, the person organizing the funeral shall be granted funeral expenses and burial costs at a rate of 960,000 dong.

PART IV

FOR DISABLED VETERANS AND PERSONS TREATED AS DISABLED VETERANS,

PERSONS ENTITLED TO POLICIES SIMILAR TO THOSE OF DISABLED VETERANS

A- Regarding disabled veterans and persons entitled to policies similar to those of disabled veterans.

Article 25. Disabled veterans and persons entitled to policies similar to those of disabled veterans as defined in Article 12 of the Ordinance are individuals who were injured under one of the following circumstances:

1. Engaging in combat against the enemy or directly participating in combat;

2. Being tortured by the enemy but persistently resisting and refusing to yield, resulting in physical injuries;

3. Struggling against various types of criminals;

4. Bravely performing urgent tasks serving national defense and security; bravely rescuing people and state and public property;

5. Performing national defense and security duties in particularly difficult and harsh areas (areas with special salary supplements at 100%);

6. Fulfilling international obligations.

Cases of injury occurring while studying, touring, traveling, recuperating, receiving medical treatment, visiting friendly countries, working under economic, scientific, technical, cultural, educational contracts... or laboring under cooperation programs with other countries... are not within the scope of adjustment of this Decree.

Article 26.

1. After treatment and recovery from injuries, individuals must undergo a medical examination to determine the degree of loss of work capacity caused by the disability; those losing more than 21% of their work capacity due to disability shall establish a dossier to be recognized as a disabled veteran or a person entitled to policies similar to those of a disabled veteran.

2. The disability dossier includes: Certificate of injury; medical examination report, incident report (for cases where the injured person was engaged in urgent tasks serving national defense and security or was injured while fighting against criminals).

The Ministry of Labor - Invalids and Social Affairs shall provide detailed guidance on the dossier and coordinate with relevant ministries and sectors to define the competent authority to issue certificates of disabled veterans; guide the organization of storage of disabled veteran dossiers and dossiers of persons entitled to policies similar to those of disabled veterans.

Article 27.

1. The Ministry of Defense, the Ministry of Public Security, People's Committees of provinces and centrally-administered cities shall, based on their assigned functions and tasks, define the competent authority in the military, public security forces, and provincial Departments of Labor - Invalids and Social Affairs to examine and issue decisions granting "Disabled Veteran Certificates," award "Disabled Veteran Medals," and implement the allowance system as prescribed.

2. The Ministry of Labor - Invalids and Social Affairs shall guide and supervise the recognition of disabled veterans and persons entitled to policies similar to those of disabled veterans.

Article 28. The Ministry of Health shall cooperate with the Ministry of Labor - Invalids and Social Affairs, the Ministry of Defense, and the Ministry of Public Security to study and promulgate, amend, and supplement disability and illness standards; develop regulations on the organization, functions, and responsibilities of medical examination boards at all levels and sectors; and direct the assessment of the degree of loss of work capacity due to disabilities in accordance with the working and living conditions of disabled veterans.

Article 29.

1. Disabled veterans and persons entitled to policies similar to those of disabled veterans shall receive disability allowances from the date when the competent medical examination board concludes the percentage of loss of work capacity due to disability.

2. Disability allowances shall be calculated based on the degree of loss of work capacity of each individual and shall be calculated based on a standard salary of 312,000 dong.

3. Disabled veterans and persons entitled to policies similar to those of disabled veterans who lose 21% of their work capacity due to disability shall receive a monthly allowance equivalent to 21% of the standard salary, and for every additional 1% loss of work capacity due to disability, an additional 1% of the standard salary shall be provided.

Article 30. Individuals injured before December 31, 1994, who are recognized as disabled veterans or persons entitled to policies similar to those of disabled veterans shall be handled as follows:

1. Military personnel, militia, self-defense forces, and youth volunteers injured during the resistance war who were not assessed for the percentage of loss of work capacity due to disability and were classified into four categories of disabled veterans according to the provisions of Decree No. 236/HĐBT dated September 18, 1985, of the Council of Ministers (now the Government), shall now uniformly calculate disability allowances based on specific percentages of loss of work capacity as follows:

Category 5/6 old (category 4/4) = 21% loss of work capacity

Category 4/6 old (category 4/4) = 31% loss of work capacity

Category 3/6 old (category 3/4) = 51% loss of work capacity

Category 2/6 old (category 2/4) = 71% loss of work capacity

Category 1/6 old (category 1/4) = 81% loss of work capacity

Special category old (category 1/4) = 91% loss of work capacity

2. Disabled veterans and persons entitled to policies similar to those of disabled veterans who have already been assessed for the percentage of loss of work capacity due to disability shall switch to receiving monthly allowances according to the provisions of Article 29 above based on the disability percentage determined in the medical examination report retained in the dossier.

3. In case of injury resulting in a higher salary than the prescribed level (312,000 VND), in addition to the monthly allowance stipulated in Article 29 of this Decree, an additional lump sum payment ranging from one to four months' salary at the time of injury shall be provided depending on the degree of loss of working capacity as follows:

 

 

Article 31For those injured and losing working capacity due to disability ranging from 5% to 20%, a one-time allowance shall be provided as follows:

 

Degree of disability	Amount of one-time allowance
From 5% to 10% of working capacity	- One month's salary at the time of injury
From 11% to 15% of working capacity	- Two months' salary at the time of injury
From 16% to 20% of working capacity	- Three months' salary at the time of injury

 

In cases where the injured person does not qualify for salary or has a lower salary at the time of injury than that prescribed in Article 29, Clause 2 of this Decree, the one-time allowance shall be calculated based on the prescribed salary of 312,000 VND.

Article 32. If an injured person, who has been assessed by the Medical Examination Board to have a percentage of lost working capacity due to disability, experiences a recurrence of the injury within two years after treatment, they may be re-examined.

The Ministry of Labor, Invalids and Social Affairs and the Ministry of Health shall provide detailed guidance on re-examination of disabilities, handling complaints and reports regarding disability examinations.

Article 33. War invalids and persons receiving benefits equivalent to war invalids who are not entitled to salaries or social insurance benefits shall receive regional allowances at their place of residence (if applicable).

Article 34. War invalids and persons receiving benefits equivalent to war invalids with a loss of working capacity of 81% or more due to severe injuries such as amputation of two or more limbs, total blindness in both eyes, severe mental illness, inability to control daily life activities, paralysis of two or more limbs due to spinal cord injury, brain injury; requiring constant use of wheelchairs or crutches for mobility, or other special conditions, shall receive an additional monthly allowance of 48,000 VND/person.

Article 35. War invalids and persons receiving benefits equivalent to war invalids with a loss of working capacity of 81% or more due to disability, if they are being cared for at home upon recommendation by the People's Committee of the commune, ward and designated by the Medical Examination Board, shall receive a monthly allowance of 96,000 VND/month for caregivers.

Specifically, war invalids and persons receiving benefits equivalent to war invalids with severe injuries as specified in Article 34 of this Decree, if they are being cared for at home, shall receive a monthly allowance of 120,000 VND for caregivers.

Article 36. War invalids and persons receiving benefits equivalent to war invalids with a loss of working capacity of 81% or more due to disability, illness, or special circumstances making it impossible to live with family, shall be organized to reside in facilities provided by the province or city where their families reside, according to the guidelines of the Ministry of Labor, Invalids and Social Affairs.

Article 37. War invalids and persons receiving benefits equivalent to war invalids with a loss of working capacity of 81% or more due to unstable disability, deteriorating health, shall be organized for treatment and rehabilitation.

The Ministry of Labor, Invalids and Social Affairs shall coordinate with the Ministry of Health to guide and direct the annual use of hospital beds and convalescent beds according to plans approved by the Government.

Article 38. Depending on the condition of disability, war invalids and persons receiving benefits equivalent to war invalids shall be provided with prosthetic devices, specialized equipment, and necessary items and utensils for daily living.

The Ministry of Labor, Invalids and Social Affairs shall unify with the Ministry of Finance to provide specific guidance on specifications, types, usage period, and methods of issuance and settlement of costs for the aforementioned provision.

Article 39. War invalids and persons receiving benefits equivalent to war invalids with a loss of working capacity of 61% or more who die due to illness or accident and are not entitled to social insurance benefits, the organization responsible for funeral arrangements shall receive a funeral allowance of 960,000 VND, and relatives shall receive survivor benefits as follows:

1. Spouse (or husband), biological parents, legal foster parents up to age 60 for males, 55 for females, children under 15 years old or under 18 years old if still attending secondary school, born with congenital disabilities, severely disabled since childhood (including biological children, legally adopted children, illegitimate children recognized by law, biological children when the father dies and the mother is pregnant) shall receive a monthly survivor benefit of 48,000 VND/person.

2. Spouse (or husband), biological parents, legal foster parents up to age 60 for males, 55 for females living alone without support, children under 15 years old or under 18 years old if still attending secondary school, born with congenital disabilities, severely disabled since childhood and orphaned shall receive a monthly subsistence allowance of 84,000 VND/person.

3. In cases where there are no relatives or relatives do not qualify for monthly survivor benefits, another relative currently responsible for ancestral worship shall receive a one-time survivor benefit of 600,000 VND.

The funds for implementing the provisions of this Article shall be covered by the State budget.

Article 40. Abolish the classification of Class B war invalids.

Military personnel and public security officers recognized as Class B war invalids before December 31, 1993, shall now be referred to as military personnel injured in work accidents and shall enjoy benefits funded by the State budget as follows:

1. Monthly allowances shall be calculated based on the degree of loss of working capacity of each individual and based on the prescribed salary of 252,000 VND. Specifically:

 

 

2. They shall receive regional allowances at their place of residence (if applicable) if they are not entitled to salaries or social insurance benefits.

3. They shall continue to receive additional allowances for severe injuries and additional allowances for caregivers (if applicable), and be eligible for annual convalescence benefits.

4. The provisions on allowances based on the status of disability, medical examination and treatment benefits, re-examination of recurrent injuries, benefits for death due to illness or accidents shall be implemented as prescribed for military personnel injured in work-related accidents.

5. Persons who have a salary higher than the prescribed level (312,000 VND) shall be granted an additional allowance of one-time payment ranging from 1 to 3 months' salary upon injury, depending on the degree of loss of working capacity as follows:

 

Degree of disability	One-time allowance amount
From 21% to 40% of working capacity	1 month's salary upon injury
From 41% to 60% of working capacity	1.5 months' salary upon injury
From 61% to 80% of working capacity	2 months' salary upon injury
From 81% to 100% of working capacity	3 months' salary upon injury

 

Article 41. Persons injured before December 31, 1994, who fall under one of the cases stipulated in Article 25 of this Decree but have not been recognized as war invalids or persons entitled to benefits equivalent to those of war invalids shall have the Ministry of Labor - Invalids and Social Affairs coordinate with relevant ministries and sectors to provide unified guidance on the file, procedures for recognition, benefit duration, and recovery of arrears (if any).

B- Regarding War Veterans

Article 42. War veterans as defined in Article 13 of the Ordinance are military personnel or public security officers who do not meet the conditions for retirement benefits and have contracted one of the following diseases:

1. Due to activities in combat zones;

2. Due to activities in particularly difficult and harsh areas for three years or more;

3. Due to activities in particularly difficult and harsh areas for less than three years but having served in the People's Army or Public Security Forces for over ten years;

4. Having worked in the People's Army or Public Security Forces for fifteen years.

Particularly difficult and harsh areas referred to in this Article are places with special location allowances at 100%.

Article 43.

1. Military personnel or public security officers who contract a disease, before discharge, if the Medical Appraisal Board has concluded that they have lost more than 61% of their working capacity due to illness, shall establish a file to confirm them as war veterans.

2. The war veteran file includes: Decision confirming war veteran status, medical appraisal record, personal form.

The Ministry of National Defense and the Ministry of Home Affairs shall coordinate with the Ministry of Labor - Invalids and Social Affairs to provide detailed guidance on the contents of the file, regulations on the authority to sign decisions confirming war veteran status, and issuance of war veteran certificates.

3. The war veteran files shall be transferred to the provincial or centrally-administered city Departments of Labor - Invalids and Social Affairs where the war veterans reside for management and implementation of preferential policies.

4. The Ministry of Labor - Invalids and Social Affairs shall guide and inspect the confirmation of war veteran status, and provide guidance on the organization and retention of war veteran files.

Article 44 |||The assessment of working capacity due to illness for war veterans shall be carried out as prescribed in Article 28 of this Decree.

Article 45.

1. War veterans shall receive allowances from the date of discharge decision.

2. War veteran allowances shall be calculated based on the degree of loss of working capacity of each individual and based on the prescribed salary level of 252,000 VND.

Article 26.

1. War veterans shall receive monthly allowances as follows:

 

 

2. War veterans who have lost more than 61% of their working capacity due to illness, confirmed and receiving monthly allowances before January 1, 1995, shall switch to receiving monthly war veteran allowances according to the provisions of Clause 1 of this Article based on the percentage of loss of working capacity determined in the medical appraisal record kept in the war veteran file.

3. Military personnel who were engaged in resistance activities before July 20, 1954, and retired under the loss of working capacity regime pursuant to Decree No. 500/NB-LĐ dated November 12, 1958, of the Joint Ministry of National Defense - Social Relief - Finance and Decree No. 523/TTg dated December 6, 1958, of the Prime Minister, and who have been switched to receiving war veteran benefits at Class 2/3 according to Decree No. 236/HĐBT dated September 18, 1985, of the Council of Ministers, shall now uniformly calculate war veteran allowances based on a 71% loss of working capacity.

Article 47.

1. War veterans confirmed before December 31, 1994, with a salary higher than the prescribed level (312,000 VND) shall receive a one-time allowance based on the degree of loss of working capacity as follows:

 

Degree of disability	Amount of one-time allowance
- From 61% to 80% of working capacity	- 2 months' salary upon discharge
- From 81% to 100% of working capacity	- 3 months' salary upon discharge

 

Article 48. War veterans whose old diseases recur severely shall be re-assessed for their working capacity, and the conclusion of the Medical Appraisal Board shall serve as the basis for deciding continued receipt of war veteran allowances.

The Ministry of Labor - Invalids and Social Affairs and the Ministry of Health shall provide specific guidance on the re-assessment of working capacity for war veterans, and handle complaints and denunciations regarding the assessment of working capacity.

Article 49. War veterans shall receive regional allowances at their place of residence (if applicable).

Article 50. War veterans who have lost more than 81% of their working capacity and suffer from particularly serious illnesses shall receive additional monthly allowances; they may be provided with prosthetic devices, specialized equipment, necessary living aids, and monthly allowances for caregivers; they may be organized for care and treatment as prescribed for war invalids in Articles 34, 35, 36, 37, and 38 of this Decree.

Article 51. War veterans who have lost more than 61% of their working capacity and die due to recurrence of old diseases or illness or accidents shall have the funeral organizing entity provided with a funeral allowance and burial expenses, and the deceased's relatives shall receive survivor benefits as prescribed for war invalids and persons entitled to benefits equivalent to those of war invalids as stipulated in Article 39 of this Decree.

Article 52.

1. Abolish the classification of Class 3 War Veterans:

Military personnel or public security officers who have contracted diseases resulting in a loss of working capacity between 41% and 60%, who were recognized as Class 3 War Veterans before December 31, 1994, shall no longer be called War Veterans but shall be considered as military personnel suffering from occupational diseases and shall receive monthly allowances based on the prescribed salary level of 252,000 VND for two and a half years (30 months) starting from January 1, 1995, funded by the state budget as follows:

 

 

2. After the period of allowance receipt ends, eligibility for continued receipt of allowances shall be reviewed based on the individual's working capacity and length of service. The Ministry of Labor - Invalids and Social Affairs shall provide detailed guidance on this Decree.

PART V

REGARDING PERSONS ENGAGED IN REVOLUTIONARY ACTIVITIES

OR RESISTANCE ACTIVITIES CAPTURED AND IMPRISONED BY THE ENEMY

Article 53. The basis for examining and recognizing persons engaged in revolutionary activities or resistance activities captured and imprisoned by the enemy as stipulated in Article 18 of the Ordinance:

1. Declaration of persons captured and imprisoned by the enemy;

2. Curriculum vitae of cadres or party members (for those who were captured and imprisoned by the enemy and are former cadres or party members);

3. Confirmation from the Prison Liaison Board (for those who were captured and imprisoned by the enemy and are non-escaped cadres or not yet party members).

The Ministry of Labor, Invalids, and Social Affairs shall provide detailed guidance on the contents of the file and procedures regarding the authority to request confirmation.

Article 54.

1. The examination of the file and benefits for persons who were captured and imprisoned with physical injuries shall be carried out as stipulated for war invalids and persons enjoying policies similar to war invalids under this Decree.

2. Files of persons who were captured and imprisoned without identifiable physical injuries shall be received by the Department of Labor, Invalids, and Social Affairs at the place of residence of such persons, and submitted to the Chairman of the People's Committee of the province or centrally-administered city for decision to recognize and resolve benefits.

The Ministry of Labor, Invalids, and Social Affairs shall guide and monitor the confirmation and retention of files.

Article 55.

1. Persons engaged in revolutionary activities or anti-war resistance who were captured and imprisoned shall be awarded a "Memorial Medal" as specifically guided by the State Agency for Awards and Honors.

2. Persons engaged in revolutionary activities or anti-war resistance who were captured and imprisoned without identifiable physical injuries shall be granted assistance as follows:

a) A one-time grant calculated based on the time spent being captured and imprisoned in prisons, specifically:

Less than one year will receive a grant of 500,000 VND.

From one to three years will receive a grant of 1,000,000 VND.

From three to five years will receive a grant of 1,500,000 VND.

From five to ten years will receive a grant of 2,000,000 VND.

Ten years or more will receive a grant of 2,500,000 VND.

b) Upon death, the person organizing the funeral will receive a funeral allowance of 960,000 VND.

Article 56. Persons engaged in revolutionary activities or anti-war resistance who were captured and imprisoned without identifiable physical injuries, whose files have been accepted and confirmed as war invalids or persons enjoying policies similar to war invalids before January 1, 1995, shall temporarily continue to enjoy disability allowances and other preferential policies as stipulated for war invalids and persons enjoying policies similar to war invalids under this Decree; there will be no re-evaluation of the degree of loss of labor capacity; if they die due to illness, accidents, or recurrence of old diseases, the person organizing the funeral will receive a funeral allowance of 960,000 VND (this does not apply the policy for war invalids who died).

PART VI

FOR PERSONS ENGAGED IN NATIONAL RESISTANCE AND LIBERATION

TO DEFEND THE COUNTRY AND PERFORM INTERNATIONAL DUTIES

Article 57. Persons engaged in national resistance and liberation as specified in Article 20 of the Ordinance are those who participated in the resistance during the period from August 19, 1945 to April 30, 1975, including both escaped and non-escaped cadres.

Article 58. The basis for confirming persons engaged in national resistance and liberation is the application form for final commendation decisions with awards in the form of Orders, Medals of Victory, or Orders, Medals of Resistance (or both Orders and Medals if applicable).

The State Agency for Awards and Honors shall be responsible for guiding the award agencies at all levels and sectors to provide the commendation files of each individual to the Department of Labor, Invalids, and Social Affairs of the province or centrally-administered city where the individual resides for consideration and to process the decision-making procedure for recognition and resolution of benefits by the Chairman of the People's Committee of the province or centrally-administered city.

The Ministry of Labor, Invalids, and Social Affairs shall guide and monitor the confirmation and retention of files.

Article 59. Persons engaged in resistance as specified in Article 57 of this Decree, reaching the age of 60 for males and 55 for females, shall be entitled to the following benefits:

1. Monthly allowance calculated based on the duration of resistance activities, with each year of activity entitling them to an allowance of 2,400 VND. In cases where the duration of resistance activities includes months, periods of six months or more are counted as one year, and less than six months are counted as half a year.

2. Persons engaged in resistance who wish to receive a one-time allowance shall be entitled to an allowance of 120,000 VND for each year of resistance activity.

Based on the budget capacity and circumstances and wishes of each individual, the Ministry of Labor, Invalids, and Social Affairs and the Ministry of Finance shall specify the details of receiving a one-time allowance.

3. When a person engaged in resistance who is receiving a monthly allowance but is not receiving salary, pension, or long-term disability allowance dies, the person organizing the funeral will receive a funeral allowance of 960,000 VND.

PART VII

FOR PERSONS WITH MERIT IN ASSISTING THE REVOLUTION

Article 60.

1. Persons with merit in assisting the revolution as specified in Article 22 of the Ordinance are civilians who directly assisted the revolution before August 19, 1945 during difficult and dangerous times, recognized by the state with forms of awards: "Memorial Medal," "National Recognition," accompanied by a certificate of "Merit to the Country" or "Certificate of Merit to the Country."

2. The file of persons with merit in assisting the revolution consists of a declaration of their activities and specific achievements, confirmed by the local commune or ward authority where they reside, along with the "National Recognition Memorial Medal" or "Certificate of Merit to the Country."

The Department of Labor, Invalids, and Social Affairs shall base on these files to submit to the Chairman of the People's Committee of the province or centrally-administered city for decision to recognize and resolve preferential policies.

The Ministry of Labor, Invalids, and Social Affairs shall assist the Government in guiding and monitoring the confirmation and retention of files.

Article 61.

1. Persons with merit in assisting the revolution as specified in Article 60 of this Decree shall receive a monthly allowance of 72,000 VND/person; if living alone without support, they shall receive a monthly care allowance of 240,000 VND/person.

2. Persons with merit in assisting the revolution during the resistance who have been awarded the Resistance Order and recognized since January 1, 1995, reaching the age of 55 for males and 50 for females, or not yet reaching that age but with a labor capacity loss of 61% or more, shall receive a monthly allowance of 60,000 VND/month; if living alone without support, they shall receive a monthly care allowance of 180,000 VND/person.

3. Persons with merit in assisting the revolution who are currently receiving care allowances and die, the person organizing the funeral will receive a funeral allowance of 960,000 VND.

 

CHAPTER III

OTHER PREFERENTIAL POLICIES

TO CARE FOR THE LIVING OF PERSONS WITH MERIT IN ASSISTING THE REVOLUTION

PART I

REGARDING HEALTH CARE

Article 62. Persons who have contributed to the revolution and are not entitled to salaries or social insurance shall be provided with health insurance cards by the State for medical examination and treatment at civilian hospitals or military hospitals.

1. Persons who were engaged in revolutionary activities before the August Revolution in 1945;

2. Wives (husbands), biological fathers, biological mothers, and children of martyrs, persons who raised martyrs and are currently receiving monthly allowances;

3. Heroes of the People's Armed Forces, Labor Heroes, Mothers of Vietnam Heroic;

4. War invalids, persons treated like war invalids with a disability rate of 21% or more;

5. Invalids due to illness with a disability rate of 61% or more;

6. Persons who were engaged in revolutionary or anti-enemy resistance activities and were captured and imprisoned by the enemy;

7. Persons who have contributed to the revolution and are currently receiving monthly allowances;

8. Persons receiving allowances for serving and their first and second children under 18 years old, if they are war invalids or invalids due to illness with a disability rate of 81% or more;

Article 63. Responsibilities of the Ministry of Science and Technology The monthly health insurance premium for those who have contributed to the revolution as stipulated in Article 62 of this Decree is 3,600 dong. The Ministry of Health shall coordinate with the Ministry of Labor, Invalids and Social Affairs and the Ministry of Finance to provide detailed guidance on implementation.

PART II

REGARDING EDUCATION AND TRAINING

Article 64. Students who are children of martyrs; students who are children of war invalids, children of invalids due to illness, and persons treated like war invalids with a disability rate of 81% or more, when studying at kindergartens, primary schools, and secondary schools, shall be entitled to:

1. Priority in enrollment and graduation examination;

2. Annual financial assistance once per year with amounts of 60,000 dong for kindergarten, 90,000 dong for primary school, and 120,000 dong for secondary school for each student to purchase textbooks, notebooks, and learning materials;

3. Exemption from contributions to school construction;

4. Exemption from tuition fees.

Students who are children of war invalids, children of invalids due to illness, and persons treated like war invalids with a disability rate of 61% to 80%, if studying at primary or secondary schools, shall be exempted from tuition fees;

Children of war invalids, children of invalids due to illness, and persons treated like war invalids or children of invalids due to illness with a disability rate of 21% to 60% shall have their tuition fees reduced by 50%;

Article 65. Heroes of the People's Armed Forces; Labor Heroes; war invalids; persons treated like war invalids; children of martyrs; children of war invalids, children of invalids due to illness, and children of persons treated like war invalids with a disability rate of 81% or more, when studying at universities, colleges, vocational high schools, vocational training schools, preparatory university classes, and boarding schools for ethnic minorities:

1. Shall be prioritized in selection, promotion, final-year examinations, and transfer stages in training. Specifically, Heroes of the People's Armed Forces and Labor Heroes who have completed secondary education shall be directly admitted to regular programs without examinations and shall be given the highest priority in selection and transfer stages;

2. Shall receive annual financial assistance once per year with amounts of 150,000 dong for vocational high schools, preparatory university classes, and boarding schools for ethnic minorities, and 180,000 dong for colleges and universities for each student to purchase study materials and learning tools;

3. Shall be provided with 50% of the cost of monthly bus tickets to travel from dormitories to school (if applicable);

4. Shall be exempted from tuition fees;

Students and college students who are children of war invalids, children of invalids due to illness, and children of persons treated like war invalids with a disability rate of 61% to 80% shall be exempted from tuition fees;

Students who are children of war invalids, children of persons treated like war invalids with a disability rate of 21% to 60% shall have their tuition fees reduced by 50%;

Article 66. Monthly social assistance for students and college students who are beneficiaries of preferential policies studying at state educational institutions: universities, colleges, vocational high schools, vocational training schools, preparatory university classes, and boarding schools for ethnic minorities, but not receiving salaries or living expenses while studying:

1. The monthly allowance is 150,000 dong, granted to students and college students who are:

Heroes of the People's Armed Forces, Labor Heroes;

War invalids, persons treated like war invalids;

Children of war invalids, children of invalids due to illness, and children of persons treated like war invalids with a disability rate of 81% or more, as specified in Articles 34 and 50 of this Decree;

2. The monthly allowance is 120,000 dong, granted to students and college students who are:

Children of martyrs currently receiving monthly pensions;

Children of war invalids, children of invalids due to illness, and children of persons treated like war invalids with a disability rate of 81% or more;

3. The monthly allowance is 100,000 dong, granted to students and college students who are:

Children of martyrs currently receiving monthly care allowances;

Children of war invalids, children of invalids due to illness, and children of persons treated like war invalids with a disability rate of 61% to 80%;

Article 67. The State budget shall ensure funding for education and training benefits as prescribed in Articles 64, 65, and 66 of this Decree. The Ministry of Education and Training shall coordinate with the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Finance to provide detailed guidance and regulations on the sources of funding, management methods, and strict implementation of the preferential policies stipulated in this section.

PART III

REGARDING SUPPORT FOR PERSONS WHO HAVE CONTRIBUTED TO THE REVOLUTION IN IMPROVING HOUSING

Article 68. Persons who have contributed to the revolution as stipulated in Article 1 of the Ordinance shall be provided with land for housing or supported to obtain housing based on their contributions, specific circumstances, and the capacity of the State and localities.

The Ministry of Construction shall coordinate with the Ministry of Labor, Invalids and Social Affairs, the Ministry of Finance, and the General Department of Land Administration to provide detailed guidance on housing and land benefits.

Article 69. The Chairman of the Provincial People's Committee, the City People's Committee directly under the Central Government shall be responsible for directing all levels, sectors, economic and social organizations, people's armed forces, and individuals to participate in and promote the movement to build "Compassionate Houses" using funds contributed by organizations and individuals within the locality and other sources to assist the State in supporting persons who have contributed to the revolution with particularly difficult circumstances to have stable housing.

The Vietnam Fatherland Front and its member organizations shall participate and cooperate in launching and maintaining the movement to build "Compassionate Houses." 

PART IV

ON THE SETTLEMENT OF EMPLOYMENT, SUPPORT FOR PERSONS WITH REVOLUTIONARY MERIT

STABILIZATION OF LIVING CONDITIONS, DEVELOPMENT OF FAMILY ECONOMIES

Article 70. Persons with revolutionary merit shall be given priority in employment settlement, living support, and family economic development, including: priority in land allocation, loans from the National Employment Fund and other sources at preferential interest rates for production; exemption or reduction of various types of taxes; exemption or reduction of public service obligations as prescribed by law.

The Ministry of Agriculture and Rural Development, the Ministry of Finance, the State Planning Commission, the Land Administration General Department, and the State Bank of Vietnam shall, within their respective authorities, coordinate with the Ministry of Labor, Invalids, and Social Affairs to provide specific guidance on implementing the preferential policies stipulated herein.

 

Chapter VI

REWARDING, HANDLING VIOLATIONS, RESOLVING COMPLAINTS AND REPORTS

Article 71. The Ministry of Labor, Invalids, and Social Affairs, based on the general reward system of the State, shall cooperate with the State Awards and Honors Institute to provide specific guidance and direction on the examination and rewarding of organizations and individuals who have achieved results in implementing preferential policies as prescribed by law.

Article 72.

1. Any person who falsely claims or forges documents to be recognized as a person with revolutionary merit shall have their certification revoked, must repay any funds received, and may be subject to administrative penalties or criminal prosecution depending on the severity of the violation as prescribed by law.

2. Any person who falsely claims or forges documents to obtain additional preferential benefits (such as falsely claiming work tenure, age, injuries...) shall have their preferential benefits suspended, must repay any funds received due to false claims or forgery, and will be reassessed to receive benefits according to the correct provisions of this Decree.

3. Any person who certifies inaccurately or forges documents for others to obtain certification as persons with revolutionary merit and receive benefits shall be disciplined or criminally prosecuted depending on the severity of the violation. Those who have improperly received benefits must repay any funds received.

4. Any person who abuses their position or authority to obstruct or, through negligence, causes errors in certification that harm the rights of persons with revolutionary merit shall be disciplined or criminally prosecuted depending on the severity of the violation as prescribed by law.

5. Any person who violates management and usage regulations for funds allocated to care for persons with revolutionary merit or uses them for improper purposes shall be disciplined or criminally prosecuted depending on the severity of the violation as prescribed by law.

Article 73.

1. A person with revolutionary merit currently receiving preferential benefits who commits a crime and is sentenced to less than five years in prison shall not receive preferential benefits during the period of serving the sentence.

2. A person with revolutionary merit currently receiving preferential benefits who commits a serious crime and is sentenced to five years or more in prison shall have their certification revoked and their preferential benefits suspended from the date the judgment becomes effective.

Article 74. The revocation of certification, suspension, continued assessment for preferential benefits, or restoration of preferential benefits after completing the prison sentence as stipulated in Articles 72 and 73 of this Decree shall be decided by the competent authority issuing the "Certification" and resolving preferential benefits, following the guidance of the Ministry of Labor, Invalids, and Social Affairs.

Article 75.

1. Organizations and individuals have the right to file complaints or reports regarding violations of the Ordinance on Preferential Treatment for Revolutionary Activists, Martyrs, and Their Families, War Invalids, War Veterans, and Persons Who Have Contributed to the Revolution.

2. State agencies receiving complaints or reports of violations of the Ordinance and this Decree shall be responsible for handling them according to the Ordinance on Complaints and Reports of Citizens.

 

PART IV

IMPLEMENTING PROVISIONS

Article 76.

1. The allowances, subsidies, and other expenses specified in this Decree have been calculated based on the coefficient of state civil servant salaries; when salary levels change, they will be adjusted accordingly.

2. The Ministry of Defense, the Ministry of Public Security, and the Ministry of Labor, Invalids, and Social Affairs shall be responsible for preparing annual budget estimates, unified by the State Planning Commission and the Ministry of Finance, to submit to the Government for approval and implementation of preferential policies stipulated in this Decree for subjects under their management.

Article 77. This Decree shall take effect from January 1, 1995.

All previous regulations contrary to those stipulated in this Decree are hereby abolished.

Article 78. The Ministry of Labor, Invalids, and Social Affairs shall cooperate with relevant agencies to provide specific guidance and implement this Decree, and simultaneously bear the responsibility for directing management and monitoring compliance with policies for persons with revolutionary merit across all sectors and regions nationwide.

Article 79. The Minister, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, and Chairmen of Provincial People's Committees directly under the Central Government shall be responsible for enforcing this Decree; concurrently, within their respective jurisdictions, responsibilities, and capabilities, they shall establish other preferential treatments for persons with revolutionary merit./.