Decision No. 290/2005/QĐ-TTg stipulates the regime and policies for certain subjects directly participating in the resistance war against America to save the country but not yet enjoying the policies of the Party and State. This Decision applies to military personnel, public security officers, workers, civil servants, volunteers, and concentrated militia guerrillas from different periods, with a one-time allowance based on years of service at the battlefield.
Đối tượng áp dụng
Military personnel, public security officers, workers, civil servants, volunteers, and concentrated militia guerrillas from different periods during the resistance war against America to save the country but not yet enjoying the policies of the Party and State.
Các điểm cốt lõi
- Military personnel, public security officers, workers, and civil servants who directly participated in the resistance war in battlefields B, C, K before December 31, 1976 will receive a one-time allowance based on years of service at the battlefield (600,000 VND/year), with a minimum amount of 1,200,000 VND.
- Non-commissioned officers, soldiers of the army and police who fought in battlefields B, C, K before April 30, 1975, and volunteers, cadres of civilian and party organizations working in revolutionary activities in these battlefields will also receive a one-time allowance based on years of service at the battlefield (500,000 VND/year), with a minimum amount of 1,000,000 VND.
- Concentrated militia guerrillas before January 27, 1973, and secret forces before April 30, 1975 will receive a one-time allowance based on years of participation (400,000 VND/year), with a minimum amount of 800,000 VND.
- Those who have been demobilized, discharged, and the aforementioned subjects if they have not enjoyed medical insurance benefits will be entitled to medical insurance benefits and funeral expenses upon death.
- People who died before the effective date of this Decision and have legitimate heirs will be entitled to a one-time benefit according to the corresponding level.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Helps improve the living conditions for those who participated in the resistance war but did not enjoy the policies, enhancing the sense of responsibility of management agencies.
- Negative impact: The state budget expenditure increases due to the need to pay one-time allowances to many subjects.
- Those who died before the effective date of this Decision but have legitimate heirs will benefit.
❓ Câu hỏi thường gặp
Who is eligible for this benefit?
Military personnel, public security officers, workers, civil servants, volunteers, and concentrated militia guerrillas from different periods during the resistance war against America to save the country but not yet enjoying the policies of the Party and State.
What is the amount of the one-time allowance?
The one-time allowance is 600,000 VND/year for military personnel, public security officers, workers, and civil servants; 500,000 VND/year for non-commissioned officers, soldiers of the army and police who fought in battlefields B, C, K before April 30, 1975, and volunteers, cadres of civilian and party organizations; 400,000 VND/year for concentrated militia guerrillas before January 27, 1973, and secret forces before April 30, 1975.
Who is not eligible for this benefit?
Subjects currently in service, who have already received a one-time allowance when returning to their hometowns, who are receiving monthly pension or disability allowance, monthly veteran benefits; those who surrendered to the enemy, betrayed, deserted, or were convicted of offenses against national security.
When does this Decision take effect?
This Decision takes effect fifteen days after its publication in the Official Gazette.
How much does the state budget allocate for this benefit?
The implementation funds for the regimes prescribed in this Decision shall be guaranteed by the state budget in accordance with the provisions of the State Budget Law.
Toàn văn
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PRIME MINISTER THE GOVERNMENT |
SOCIALIST REPUBLIC OF VIETNAM |
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Number: 290/2005/QĐ-TTG |
Hanoi, November 8, 2005 |
Pursuant to …;
On the regime and policies for certain subjects directly participating in the anti-American resistance to save the country but not yet enjoying the policies of the Party and the State
Now, we stipulate the regime and policies for certain subjects directly participating in the anti-American resistance to save the country but not yet enjoying the policies of the Party and the State as follows:
the books of the Party and State
__________________
PRIME MINISTER
Pursuant to the Government Organization Law dated December 25, 2001;
Upon the proposal of the Minister of National Defense,
DECISION:
Article 1. Hereinafter, the regime and policies for certain subjects directly participating in the anti-American resistance to save the country but who have not yet enjoyed the policies of the Party and State are prescribed as follows:
1. Subjects and applicable regimes:
a) Military personnel, public security officers, workers, civil servants who directly participated in the anti-American resistance to save the country in the B, C, K battlefields and returned home before December 31, 1976 but have not yet enjoyed any of the following regimes: demobilization, discharge (including the discharge allowance under Decision No. 92/2005/QĐ-TTg of the Prime Minister), retirement from work, disability pension, monthly labor capacity loss allowance, and monthly pension, shall now enjoy a one-time allowance based on the actual years of service and combat at the battlefield, with each year entitling them to 600,000 dong. The minimum amount of the one-time allowance payment is 1,200,000 dong.
b) Non-commissioned officers, soldiers of the military and public security forces who fought in the B, C, K battlefields and later became salary recipients, volunteer youth from state budget funds, and party cadres and staff working in revolutionary activities in the B, C, K battlefields before April 30, 1975 without immediate family members to support them in the North to receive B, C, K allowances, shall now enjoy a one-time regime based on the actual years of service and combat at the battlefield, with each year of salary receipt at the battlefield entitling them to 500,000 dong. The minimum amount of the one-time regime payment is 1,000,000 dong.
c) Concentrated people's militia in the North before January 27, 1973, and concentrated guerrillas in the South (including secret forces) before April 30, 1975, managed by competent authorities and returned home, shall enjoy a one-time allowance based on the actual years of participation in the people's militia and concentrated guerrilla forces, with each year entitling them to 400,000 dong. The minimum amount of the one-time allowance payment is 800,000 dong.
d) Military personnel, public security officers, workers, civil servants, and volunteer youth who participated in the anti-American resistance to save the country before April 30, 1975, have been demobilized, discharged, retired, and those mentioned in points a, b, and c of Clause 1 of this Article, if they have not yet enjoyed the medical insurance regime, shall now enjoy the medical insurance regime and upon death, shall be entitled to funeral expenses according to current laws on social insurance policies.
đ) In cases where the subjects specified in points a, b, and c of Clause 1 of this Article have passed away before this Decision takes effect, one of the following persons shall enjoy a one-time regime according to the corresponding provisions of this Decision: spouse; father, mother; biological child, adopted child, or legally recognized foster child of the deceased.
When calculating the time for implementing the one-time allowance regime, if there is a fractional month, it will be counted as a full year if it is six months or more, and half a year if it is less than six months.
2. Non-applicable Subjects:
a) Subjects specified in point a and c of Clause 1 of this Article who are currently employed, have already received a one-time allowance when returning to their localities, are currently receiving a pension, monthly disability allowance, or monthly veteran benefits.
b) Those who belong to the subjects mentioned in Clause 1 of this Article and surrendered to the enemy, betrayed, deserted, or violated discipline resulting in the revocation of military rank or public security officer title, and as of the date this Decision takes effect, are serving a life sentence or have been convicted of a crime endangering national security and have not had their criminal record expunged.
Article 2. For the subjects specified in Clause 1 of Article 1 of this Decision, if they have not yet been awarded for their achievements in the anti-American resistance, they shall be implemented according to current regulations.
Article 3. The source of funding for implementing the regimes stipulated in this Decision shall be guaranteed by the state budget according to the provisions of the Law on State Budget.
Article 4.
1. The Ministry of National Defense shall take the lead and coordinate with the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Finance to guide the implementation of this Decision; at the same time, direct the implementation of the one-time regime for military personnel, defense workers, people's militia, concentrated guerrillas, and secret forces within their management scope.
2. Central ministries and sectors within their functions and responsibilities shall direct and organize the implementation of the one-time regime for the subjects: public security officers, workers, civil servants, party cadres and staff, volunteer youth, and secret forces within their management scope.
Article 5.
3. The Chairmen of Provincial People's Committees and Municipal People's Committees directly under the Central Government shall be responsible for directing and organizing the implementation of the one-time allowance regime for workers, civil servants, party cadres and staff, and volunteer youth who have returned to their localities; the medical insurance regime and funeral expenses for the subjects specified in point d of Clause 1 of Article 1 of this Decision.
Within the capacity of the provincial budget, Provincial People's Committees and Municipal People's Committees directly under the Central Government shall provide material and spiritual support to those who participated in the anti-American resistance with particularly difficult circumstances.
4. The Ministry of Finance shall be responsible for allocating the annual budget to implement the regimes and policies according to the provisions of the Law on State Budget.
- National Academy of Public Administration;
Management Board 112,
Article 6. THIS DECISION SHALL TAKE EFFECT 15 DAYS AFTER ITS PUBLICATION IN THE OFFICIAL GAZETTE.
Article 7. The Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, and Chairmen of Provincial and Central City People's Committees are responsible for implementing this Decision./.
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Place of Receipt: - Central Party Committee Secretariat; |
DEPUTY PRIME MINISTER
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