Decree No. 31/2013/NĐ-CP guiding the Ordinance on preferential treatment for persons who have rendered meritorious service to the revolution

DECREE

Providing detailed regulations and guidance on implementing certain provisions

of the Ordinance on Preferential Treatment for Persons Contributing to the Revolution

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Enactment of Legal Regulatory Documents No. 17/2008/QH12 dated June 3, 2008;

Pursuant to the Ordinance on Preferential Treatment for Persons Contributing to the Revolution No. 26/2005/PL-UBTVQH11 dated June 29, 2005; the Ordinance No. 04/2012/UBTVQH13 dated July 16, 2012 amending and supplementing certain provisions of the Ordinance on Preferential Treatment for Persons Contributing to the Revolution;

Decree No. 07/2021/NĐ-CP

The Government promulgates this Decree providing detailed regulations and guidance on implementing certain provisions of the Ordinance on Preferential Treatment for Persons Contributing to the Revolution.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree guides conditions for recognition, preferential treatment for persons contributing to the revolution and their dependents as prescribed in the Ordinance on Preferential Treatment for Persons Contributing to the Revolution (hereinafter referred to as the Ordinance); handling violations; responsibilities of state management agencies in implementing the Ordinance.

Article 2. Cases Not Applicable

This Decree shall not apply to the following cases:

1. Desertion, surrender, betrayal, recruitment.

2. Currently serving a prison sentence, life imprisonment, or convicted of a crime related to national security.

3. Stripped of military rank, police rank, or militia rank; dismissed from service.

Article 3. Principles for Monthly Pension Allowance for Dependents of Persons Contributing to the Revolution

1. Dependents of martyrs shall receive monthly pension allowance as stipulated in Article 20 of this Decree.

2. Dependents of two or more deceased contributors to the revolution may receive a maximum of two monthly pension allowances.

3. Dependents of a martyr who are also dependents of two or more deceased contributors to the revolution shall only receive monthly pension allowance for one martyr and one contributor to the revolution.

4. Dependents of two or more martyrs who are also dependents of a contributor to the revolution shall only receive monthly pension allowance for martyrs.

5. Dependents shall receive monthly pension allowance for one category if the contributor to the revolution who has passed away belongs to two or more categories as stipulated in Clause 1, Article 2 of the Ordinance.

6. Monthly pension allowance shall not be applied to children of contributors to the revolution aged 18 or older who continue their education under the following circumstances:

a) Not continuing education immediately after completing secondary school;

b) Already receiving monthly pension allowance during study at a vocational training institution or university;

c) Receiving monthly pension allowance during study at a vocational training institution or university but have stopped studying or been expelled.

Article 4. Definitions

In this Decree, the following terms are understood as follows:

1. Dependents of contributors to the revolution include father, mother; wife or husband; child (biological or adopted). Dependents of martyrs also include those who raised the martyr.

2. A person who raised a martyr is someone who raised the martyr when they were under 18 years old, for a period of 10 years or more.

3. An authorized person for worship is someone appointed according to the law.

4. An authorized person for martyrs' worship is the child who receives the worship system for martyrs; in case there is no child or no longer any child, it is someone appointed according to the law.

5. A person living alone without support is someone living single, without or no longer having dependents.

6. A representative of dependents is someone appointed by the dependents according to the law.

7. Children of contributors to the revolution who continue their education are those currently studying at educational institutions within the national education system from secondary to university level.

8. Children of contributors to the revolution with disabilities since young age are those who were disabled before the age of 18.

9. A person performing international duty is someone assigned by a competent state agency to perform defense and security tasks abroad.

10. A missing person is someone who performed tasks or took actions as specified in Point a, b, c, d, đ, e, and g of Clause 1, Article 11 of the Ordinance and then disappeared without trace.

11. A courageous act is an action carried out to protect legitimate rights and interests of the State and people despite knowing that it could affect one's life.

12. Urgent dangerous work is work that must be resolved immediately without delay but could endanger the life of the person performing it.

13. The standard level prescribed in this Decree is based on the average social index and implemented according to the Government's regulations.

Chapter II

CONDITIONS FOR RECOGNITION AND BENEFITS FOR PERSONS WITH MERIT TO THE REVOLUTION AND THEIR RELATIVES

PERSONS WITH MERIT FOR THE REVOLUTION AND THEIR DEPENDENTS

Section 1

PERSONS ENGAGED IN REVOLUTIONARY ACTIVITIES PRIOR TO JANUARY 1, 1945

Article 5. Conditions for Recognition

1. Persons meeting the following conditions shall be considered for recognition as persons who participated in revolutionary activities before January 1, 1945:

a) Participating in revolutionary activities before January 1, 1945;

b) Being admitted to the Indochinese Communist Party or readmitted before August 19, 1945, recognized by competent authorities according to Directive No. 27-CT/TW dated December 24, 1977 of the Central Committee Secretariat (Fourth Term) on policies and benefits for cadres and party members with long-term service, and Notice No. 07-TT/TC dated March 21, 1979 of the Central Organization Department guiding the application of standards and confirmation of individuals entitled to policies and benefits for those participating in revolutionary activities before August 19, 1945.

2. Non-recognition shall apply in cases where the person has been expelled from the Party.

Article 6. Basis for Recognition

1. For living persons who participated in revolutionary activities, the basis shall be one of the following documents:

a) Personal history records filled out from 1962 or earlier by competent authorities managing such records;

b) Personal history records filled out during the Campaign to Protect the Party according to Directive No. 90-CT/TW dated March 1, 1965 of the Central Committee Secretariat (Third Term);

c) Personal history records of party members filled out in 1975 and 1976 according to Notice No. 297/TT-TW dated April 20, 1974 of the Central Committee Secretariat (Third Term) for persons who were admitted to the Party after 1969 and those who continuously worked in battlefields B, C, and K from 1954 until April 30, 1975.

2. For persons who participated in revolutionary activities and died or passed away before June 30, 1999, the basis shall be one of the following documents containing records of their participation in revolutionary activities:

a) Personal history records as stipulated in Clause 1 of this Article;

b) Files of persons awarded the Gold Star Medal, Ho Chi Minh Medal, or Independence Medal;

c) Martyr files;

d) Party histories at the district level or higher, reviewed and published by competent Party authorities;

e) Files and documents currently stored in Party, State archives, central and local historical museums at the county level or higher.

3. For persons who participated in revolutionary activities and died or passed away after June 30, 1999, the basis for consideration and recognition shall be as stipulated in Clause 1 of this Article.

Article 7. Procedures and Documentation

1. Responsibilities of Individuals:

a) Write a declaration about the process of participating in revolutionary activities, confirmed by the People's Committee of the commune where they reside; in cases where the person has died or passed away, the representative of relatives or the person responsible for worshiping them shall prepare the declaration along with a power of attorney record;

b) Submit the declaration along with one of the documents or materials specified in Article 6 of this Decree to the following agencies for recognition:

Provincial Party Committee Standing Committee, Municipal Party Committee directly under the Central Committee, to consider and decide on persons participating in revolutionary activities managed by local party committees;

Party Committees, Party-Cadre Organizations, Party Groups, Central Party Committees, to consider and decide on persons participating in revolutionary activities managed by central ministries, departments, and mass organizations;

General Political Department, to consider and decide on persons participating in revolutionary activities within the Vietnam People's Army;

General Directorate for Building Police Force, to consider and decide on persons participating in revolutionary activities within the Vietnam People's Public Security.

2. Responsibilities of Agencies:

a) The agencies specified in Point b Clause 1 of this Article shall, within 45 working days from the date of receiving complete valid documentation: Consider, issue a decision on recognition, and transfer the recognition decision along with the declaration, power of attorney record, and copies of documents serving as the basis for recognition to the Department of Labor, Invalids, and Social Affairs where the person participating in revolutionary activities or their representative resides.

In cases where recognition conditions are not met, a written response must be issued, clearly stating the reasons.

b) The Department of Labor, Invalids, and Social Affairs shall, within 10 working days from the date of receiving complete valid documentation, issue a decision to implement preferential benefits.

Article 8. Documents for receiving preferential treatment

1. Decision recognizing the status as stipulated in Article 7 of this Decree.

2. Decision on allowances and subsidies issued by the Director of the Department of Labor, Invalids and Social Affairs.

Article 9. Preferential Treatment

Individuals who were engaged in revolutionary activities before January 1, 1945 shall enjoy the following preferential treatments from the date of recognition decision:

1. Monthly allowance and monthly subsidy.

2. Receiving daily funds to purchase the People's Newspaper, and being provided with conditions to participate in cultural and spiritual activities suitable to their place of residence.

Article 10. Preferential Treatment when Revolutionary Activists Die

1. In case a revolutionary activist who is enjoying preferential treatment as prescribed in Clause 2 of Article 9 of the Ordinance dies, the organization responsible for burial will receive funeral expenses; representatives of relatives will receive a one-time allowance equivalent to three months of allowance and subsidy.

2. If a revolutionary activist dies without having enjoyed the preferential treatment as prescribed in Clause 2 of Article 9 of the Ordinance, representatives of relatives will receive a one-time allowance of VND 50 million.

In cases where there are no relatives, the person performing the memorial service will receive a one-time allowance of VND 10 million.

3. Relatives entitled to receive monthly pension benefits specifically as follows:

a) Biological father, biological mother, spouse, or child under 18 years old or child aged 18 or older if still continuing education shall receive monthly pension benefits from the month immediately following the death of the revolutionary activist;

b) In cases where a revolutionary activist has died but was recognized after December 31, 2012, biological father, biological mother, spouse, or child under 18 years old or child aged 18 or older if still continuing education shall receive monthly pension benefits from the date of the recognition decision;

c) A child with severe disability or extremely severe disability since childhood, if after turning 18 years old and experiencing a reduction in work capacity of 61% or more, shall receive monthly pension benefits from the date the competent Medical Appraisal Board issues its conclusion;

d) A child with severe disability or extremely severe disability, after turning 18 years old, if experiencing a reduction in work capacity of 61% or more, and without monthly income or with monthly income lower than 0.6 times the standard level, shall receive monthly pension benefits from the date the competent Medical Appraisal Board issues its conclusion;

đ) Biological father, biological mother, spouse, or child aged 18 or older living alone without support, or child under 18 years old orphaned by both parents receiving monthly pension benefits shall also receive additional monthly maintenance pension benefits equal to 0.8 times the standard level.

Section 2

REVOLUTIONARY ACTIVISTS FROM JANUARY 1, 1945 TO THE AUGUST REVOLUTION IN 1945

Article 11. Conditions for Recognition

1. Detached revolutionary activists are those who have participated in revolutionary organizations or armed forces at the district level or equivalent administrative level during the period from January 1, 1945 to the local August Revolution (annex) and thereafter continued to participate in one of the two resistance wars (except in cases due to reduced staffing, demobilization, or insufficient health).

2. Non-detached revolutionary activists are those who only operated at the grassroots level during the period from January 1, 1945 to the local August Revolution and thereafter continued to participate in one of the two resistance wars (except in cases due to reduced staffing, demobilization, or insufficient health), including:

a) Leaders of grassroots revolutionary mass organizations at the commune level or equivalent: Secretary, Chairman, Director of Vietnam Revival Association, Secretary of Peasant Salvation Movement, Secretary of Youth Salvation Movement, Secretary of Women's Salvation Movement;

b) Team leaders or group leaders, squad leaders of self-defense combat teams, propaganda liberation squads, youth salvation squads, peasant salvation squads, women's salvation squads, children's salvation squads (in areas where grassroots revolutionary mass organizations at the commune level had not yet been established);

c) Individuals admitted into the Vietnam Revival Association and subsequently assigned tasks to remain in the locality to develop grassroots revolutionary bases;

d) Individuals who participated in the August 1945 revolution and after the revolution until August 31, 1945 leading a revolutionary organization as specified in Points a and b of this Clause.

3. No recognition for individuals expelled from the Party.

Article 12. Basis for confirmation

1. For living persons who participated in revolutionary activities, the basis shall be one of the following documents:

a) Personal history of cadres and party members declared from 1969 or earlier by competent authorities managing them;

b) Party member's personal history declared in 1975 and 1976 according to Circular No. 297/TT-TW dated April 20, 1974 of the Central Committee Secretariat (Term III) for those who joined the Party after 1969 and continuously worked in battlefields B, C, K from 1954 until April 30, 1975.

2. For revolutionaries who died or passed away before January 1, 1995, the basis for confirming the period of revolutionary activities shall be one of the following documents recording such period:

a) Personal history records as stipulated in Clause 1 of this Article;

b) Files of individuals awarded the Ho Chi Minh Medal or Independence Medal;

c) Martyr files;

d) Party organization history at the commune level or higher, reviewed and published by competent Party authorities;

e) Files and documents currently stored in Party, State archives, central and local historical museums at the county level or higher.

3. For revolutionaries who died or passed away on or after January 1, 1995, the basis for recognition shall be as provided in Clause 1 of this Article.

Article 13. Procedures for application

1. Responsibilities of Individuals:

a) Write a declaration about the process of participating in revolutionary activities, confirmed by the People's Committee of the commune where they reside; in cases where the person has died or passed away, the representative of relatives or the person responsible for worshiping them shall prepare the declaration along with a power of attorney record;

b) Submit the declaration form along with one of the documents or materials specified in Article 12 of this Decree to the agencies stipulated in Point b Clause 1 of Article 7 of this Decree.

2. Responsibilities of Agencies:

Implement as prescribed in Clause 2 of Article 7 of this Decree.

Article 14. Documents for preferential treatment benefits

1. Decision recognizing the status as stipulated in Article 7 of this Decree.

2. Decision on subsistence allowance by the Director of the Department of Labor, Invalids, and Social Affairs.

Article 15. Preferential Treatment

Revolutionaries active from January 1, 1945 to the August Revolution in 1945 shall enjoy the following preferential treatments from the date of recognition decision:

1. Monthly subsistence allowance.

2. Receiving daily funds to purchase the People's Newspaper, and being provided with conditions to participate in cultural and spiritual activities suitable to their place of residence.

Article 16. Preferential Treatment when Revolutionaries Die

1. If a revolutionary enjoying the preferential treatment prescribed in Clause 2 of Article 10 of the Ordinance dies, the funeral organizer will receive funeral expenses; the representative of the relatives will receive a one-time allowance equal to three months of preferential subsistence allowance.

2. If a revolutionary dies without having enjoyed the preferential treatment prescribed in Clause 2 of Article 10 of the Ordinance, the representative of the relatives will receive a one-time allowance of 25 million dong.

In cases where there are no relatives, the person performing the memorial service will receive a one-time allowance of VND 10 million.

3. Relatives entitled to receive monthly pension benefits specifically as follows:

a) Biological father, biological mother, spouse, or child under 18 years old or child aged 18 or older if still continuing education shall receive monthly pension benefits from the month immediately following the death of the revolutionary activist;

b) In cases where a revolutionary activist has died but was recognized after December 31, 2012, biological father, biological mother, spouse, or child under 18 years old or child aged 18 or older if still continuing education shall receive monthly pension benefits from the date of the recognition decision;

c) A child with severe disability or extremely severe disability since childhood, if after turning 18 years old and experiencing a reduction in work capacity of 61% or more, shall receive monthly pension benefits from the date the competent Medical Appraisal Board issues its conclusion;

d) A child with severe disability or extremely severe disability, after turning 18 years old, if experiencing a reduction in work capacity of 61% or more, and without monthly income or with monthly income lower than 0.6 times the standard level, shall receive monthly pension benefits from the date the competent Medical Appraisal Board issues its conclusion;

đ) Biological father, biological mother, spouse, or child aged 18 or older living alone without support, or child under 18 years old orphaned by both parents receiving monthly pension benefits shall also receive additional monthly maintenance pension benefits equal to 0.8 times the standard level.

Section 3

 Martyrs AND RELATIVES OF MARTYRS

Article 17. Conditions for Confirmation as Martyr

1. Individuals who sacrifice their lives in any of the following circumstances shall be considered for confirmation as martyrs:

a) Fighting to defend national independence, sovereignty, territorial integrity, and national security;

b) Directly serving combat operations during enemy bombardment: loading ammunition, providing first aid, evacuating wounded, ensuring communication, repairing warehouses, protecting goods, and other combat support tasks;

c) Performing international duties and dying while executing missions or dying due to injuries or illness requiring repatriation for treatment;

Cases where death occurs during study, sightseeing, tourism, recuperation, medical treatment, friendly visits; working under economic, scientific, cultural, educational, labor contracts are not eligible for consideration as martyrs;

d) Directly participating in struggles against or preventing dangerous acts to society as defined in the Penal Code;

đ) Bravely performing urgent and dangerous tasks serving national defense and security;

e) Bravely rescuing people and property of the State and the public;

g) Dying due to illness or accidents while performing national defense and security duties in areas with particularly difficult socio-economic conditions as prescribed by law;

h) While directly performing the mission of searching for and collecting remains of martyrs assigned by competent authorities;

i) War invalids or persons receiving policies equivalent to war invalids who die due to the recurrence of wounds (excluding type B war invalids) in the following cases:

Loss of work capacity of 81% or more and death due to the recurrence of wounds confirmed by a medical facility;

Loss of work capacity of 61% to 80% and death while being treated for the recurrence of wounds at a district-level hospital or higher;

k) Missing or disappeared as stipulated in Point 1 Clause 1 of Article 11 of the Ordinance, after competent authorities conclude that there is no evidence of betrayal, surrender, recruitment, or desertion;

l) Directly performing combat training or rehearsal tasks serving national defense and security with dangerous characteristics: firing live ammunition, using explosives; combat training and rehearsal of air force, navy, maritime police, and special forces; firefighting; anti-terrorism, riot control; hostage rescue; search and rescue, disaster relief.

2. Not to be considered for confirmation as martyrs:

a) Cases of death caused by self-inflicted actions or violations of laws or regulations of agencies or units;

b) Cases of death before December 31, 1994, where competent authorities have concluded that they do not meet the conditions for confirmation as martyrs or have been reported as deceased under the soldier death or military personnel death system or workplace accident.

Article 18. Responsibility for establishing files, issuing death certificates, and confirming烈士身份

1. Organizations, units, local authorities where there are casualties shall be responsible for establishing files to request confirmation of烈士身份.

2. Issuing death certificates:

a) For military personnel who have died, the Brigade Commander or equivalent level and above;

b) For public security officers and public security workers who have died, the Provincial Public Security Director or equivalent level and above;

c) For those under central agencies, the Minister or equivalent level;

d) For those under provincial management agencies, the Chairman of the Provincial People's Committee;

đ) For those under county-level or commune-level agencies and other cases not covered by Points a, b, c, and d of this Clause, the Chairman of the County People's Committee;

3. The Chairman of the Provincial People's Committee, Heads of Ministries and equivalent levels shall review the files and procedures for confirming烈士身份, submit them to the Ministry of Labor, Invalids, and Social Affairs for examination, and report to the Prime Minister for issuance of the "National Commendation" Medal. Article 19. Documents for enjoying preferential treatment

1. Death certificate.

2. Declaration of information on relatives of烈士.

3. Decision on issuing the Certificate of烈士Family and pension allowance by the Director of the Department of Labor, Invalids, and Social Affairs.

Article 20. Monthly pension allowance system

1. Relatives of one烈士are entitled to a monthly pension allowance equal to one standard rate.

2. Relatives of two烈士are entitled to a monthly pension allowance equal to two standard rates.

3. Relatives of three烈士or more are entitled to a monthly pension allowance equal to three standard rates.

4. If the wife or husband of a烈士remarries, they are entitled to a monthly pension allowance equal to one standard rate.

5. When a relative receiving a monthly pension allowance dies, the person organizing the funeral will receive funeral expenses; the representative of the relative will receive a one-time allowance equal to three months of preferential benefits.

6. Time of enjoyment:

a) For those who died from the date this Ordinance takes effect, the father, mother, wife or husband, fosterer of the烈士, children under 18 years old or over 18 years old if still continuing education shall enjoy a monthly pension allowance from the month immediately following the烈士's death;

b) For those who died before the date this Ordinance takes effect, the father, mother, wife or husband, children under 18 years old or over 18 years old if still continuing education shall enjoy a monthly pension allowance from January 1, 2013;

c) Children with severe disabilities or extremely severe disabilities since childhood, after turning 18 years old, if their labor capacity has decreased by 61% or more, shall enjoy a monthly pension allowance from the date the authorized Medical Appraisal Board concludes;

Children with severe disabilities or extremely severe disabilities after turning 18 years old, if their labor capacity has decreased by 61% or more, without monthly income or monthly income lower than 0.6 times the standard rate, shall enjoy a monthly pension allowance from the date the authorized Medical Appraisal Board concludes;

d) If the wife or husband of a烈士remarries but raises the烈士's child until adulthood or cares for the烈士's parents while they are alive and is recognized by the Commune People's Committee, they shall enjoy a monthly pension allowance from the date the Department of Labor, Invalids, and Social Affairs Director makes a decision;

đ) The father, mother, wife or husband, fosterer of the烈士, children aged 18 or older living alone without support, or children under 18 years old orphaned by both parents who are already receiving a monthly pension allowance shall additionally enjoy a monthly maintenance allowance equal to 0.8 times the standard rate.

d) The father, mother, wife, or husband, persons who raised烈士的养父母，年满18岁以上的孤身无靠的生活困难者或未满18岁的双亲亡故的子女，每月领取抚恤金者，可额外领取相当于标准金额0.8倍的供养抚恤金。||| d) The father, mother, spouse, person who raised the烈士的养父母，children aged 18 years or older who live alone without support, or children under 18 years old who have lost both parents, if they are receiving monthly pension benefits, shall be entitled to additional monthly maintenance pension benefits equal to 0.8 times the standard amount.

Article 21. Funeral Allowance for Martyrs

1. In cases where martyrs no longer have beneficiaries receiving monthly pension benefits, the person responsible for funeral rites shall be entitled to receive a funeral allowance once a year, with the amount of the allowance being 500,000 VND.

2. Documents for claiming the funeral allowance:

a) Application for funeral allowance;

b) Power of attorney;

c) Martyr files;

d) Decision on funeral allowance issued by the Director of the Department of Labor, Invalids and Social Affairs.

Section 4

母亲英雄

Article 22. Documents for Claiming Preferential Treatment Benefits

1. A copy of the decision awarding or posthumously awarding the title of "Heroic Mother Vietnam."

2. Decision on monthly supplementary allowance issued by the Director of the Department of Labor, Invalids and Social Affairs.

Article 23. Preferential Treatment Benefits

1. One-time allowance.

2. Monthly supplementary allowance from the date the President signs the decision awarding the title of "Heroic Mother Vietnam."

3. Heroic Mothers living at home are entitled to receive an allowance for a caregiver.

4. When a Heroic Mother dies, the person organizing the funeral receives funeral expenses; a representative of the family receives a one-time allowance equal to three months of preferential supplementary allowance.

Article 24. Caregiver Allowance

1. The monthly allowance is equivalent to one standard level from the date the President signs the decision awarding the title of "Heroic Mother Vietnam."

2. Heroic Mothers awarded before September 1, 2012, who are still alive, are entitled to receive a caregiver allowance from September 1, 2012.

3. Documents for claiming the allowance:

a) Decision on monthly supplementary allowance for Heroic Mothers;

b) Decision on caregiver allowance issued by the Director of the Department of Labor, Invalids and Social Affairs.

Section 5

NATIONAL MILITARY HEROES, LABOR HEROES DURING THE RESISTANCE PERIOD

Article 25. Documents for Claiming Preferential Treatment Benefits

1. A copy of the decision awarding or posthumously awarding the title of Hero or a copy of the Hero Medal.

2. Decision on subsistence allowance by the Director of the Department of Labor, Invalids, and Social Affairs.

In cases where Heroes are currently serving in the Vietnam People's Army, the Chief of the General Political Department of the Vietnam People's Army issues the decision on allowances; if they are currently serving in the Vietnam People's Public Security, the Director of the General Directorate for Building the Public Security Force issues the decision on allowances.

Article 26. Preferential Treatment Benefits

1. Monthly allowance from the date the President signs the decision granting the Medal of "National Military Hero" or "Labor Hero."

2. When National Military Heroes or Labor Heroes during the resistance period die, the person organizing the funeral receives funeral expenses; a representative of the family receives a one-time allowance equal to three months of preferential supplementary allowance.

3. A one-time allowance for representatives of the family or persons responsible for funeral rites of National Military Heroes or Labor Heroes during the resistance period (in cases of posthumous awards or death without having received preferential treatment benefits).

Chapter 6

DISABLED PERSONS

Article 27. Conditions for Confirmation

1. Persons injured in one of the following situations may be considered for confirmation as disabled persons or persons entitled to policies similar to those for disabled persons (hereinafter referred to collectively as disabled persons):

a) Fighting to defend national independence, sovereignty, territorial integrity, and national security;

b) Directly serving combat operations during enemy bombardment: loading ammunition, providing first aid, evacuating wounded, ensuring communication, repairing warehouses, protecting goods, and other combat support tasks;

c) Engaging in revolutionary activities or anti-enemy resistance, captured and tortured by the enemy but remaining steadfast and resolute in struggle, leaving behind physical injuries;

d) Performing international duties and being injured while performing tasks;

Cases of injury occurring while studying, sightseeing, traveling, recuperating, treating illness, visiting friendly relations; working under economic contracts, scientific and technical contracts, cultural, educational, labor contracts are not considered for confirmation as disabled persons;

đ) Directly participating in struggles against or preventing acts endangering society as defined in the Penal Code;

f) Bravely performing urgent and dangerous tasks for national defense and security; bravely rescuing people and property of the State and the people;

g) Directly performing combat training or drill tasks serving national defense and security with dangerous elements: firing live ammunition, using explosives; combat drills of the air force, navy, maritime police, and special forces; firefighting; counter-terrorism, riot control; rescuing hostages; rescue and disaster relief;

h) Performing national defense and security duties in areas with particularly difficult socio-economic conditions as prescribed by law;

i) While directly performing the task of searching for and collecting烈士遗骸，由有权机关指派。

2. Not to be considered for confirmation as disabled persons:

a) Cases of injury caused by their own actions or violations of laws or regulations of the organization or unit;

b) Cases of injury prior to December 31, 1994, which were concluded by competent authorities as not meeting the conditions for confirmation as disabled persons or had already been resolved as work-related accident benefits.

Article 28. Responsibility for Establishing Files and Issuing Certificates of War Injuries and Certificates of War Invalids and Persons Treated Equivalently to War Invalids

1. Organizations, units, local authorities where there are war injuries have the responsibility to establish files to request confirmation of war invalids and persons treated equivalently to war invalids.

2. Issuance of certificates of war injuries:

a) For military personnel and defense workers injured, the decision is made by the Regiment Commander or equivalent level and above;

b) For public security personnel and public security workers injured, the decision is made by the Provincial Public Security Director or equivalent level and above;

c) For those injured under central agencies, the decision is made by the Minister or equivalent level;

d) For those injured under provincial-managed agencies, the decision is made by the Chairman of the People's Committee at the provincial level;

đ) For those injured under county-level or commune-level agencies and other cases not covered by Points a, b, c, and d of this Clause, the decision is made by the Chairman of the People's Committee at the county level.

3. Issuance of Certificates of War Invalids, Certificates of Persons Treated Equivalently to War Invalids, and Disability Allowances and Subsidies:

a) Competent authorities as prescribed by the Ministry of National Defense and the Ministry of Public Security issue decisions on granting Certificates of War Invalids and Disability Allowances and Subsidies for cases specified in Point a and b of Clause 2 of this Article;

b) The Director of the Department of Labor, Invalids, and Social Affairs issues decisions on granting Certificates of Persons Treated Equivalently to War Invalids and Disability Allowances and Subsidies for cases specified in Point c, d, and đ of Clause 2 of this Article.

Article 29. Documents for Receiving War Invalid Benefits

1. Certificate of War Injury.

2. Medical Expertise Report on Disability Level issued by the Medical Expertise Board.

3. Decision on Granting Certificates of War Invalids, Certificates of Persons Treated Equivalently to War Invalids, and Disability Allowances and Subsidies.

Article 30. Re-examination of Disability Levels

1. A person with a temporary disability assessment may be re-examined after three years to determine the permanent disability rate.

2. If a person with a previously examined disability suffers further injury, they can undergo supplementary examination and consolidation of the work capacity reduction rate to enjoy preferential treatment.

3. If a person with a previously examined disability still has unexamined wounds, they can undergo supplementary examination and consolidation of the work capacity reduction rate to enjoy preferential treatment.

4. War invalids who have been examined and whose wounds recur shall be re-examined if they suffer from the following conditions:

a) Skull injury resulting in skull bone defect or metal fragments remaining in the skull causing complications leading to mental disorder or paralysis;

b) Penetrating lung injury causing complications such as thickened adhesions of the pleura or collapsed lung requiring lung or lobe removal;

c) Heart injury requiring surgery;

d) Abdominal injury: Stomach or intestine injury causing complications such as stomach perforation or intestinal obstruction requiring surgery;

đ) Liver, gallbladder, spleen, pancreas, or kidney injury causing complications requiring surgery;

e) Spinal injury causing complications leading to paralysis or loss of voluntary control over the sphincters;

g) Recurrent injuries to hands or feet requiring amputation surgery;

h) Recurrent eye injury leading to blindness; recurrent ear injury causing total hearing loss in both ears.

5. No re-examination for the following cases:

a) War invalids whose previous injuries have recurred;

b) Type B war invalids.

Article 31. Preferential Treatment System

1. War invalids with a reduction in work capacity due to injury of 81% or more shall be entitled to monthly allowances.

In cases of particularly severe injuries: amputation or complete paralysis of two limbs or more; blindness in both eyes; severe mental disability leading to inability to manage daily life shall be entitled to special monthly allowances. War invalids receiving special monthly allowances shall not be entitled to regular monthly allowances.

2. War invalids with a reduction in work capacity due to injury of 81% or more but who have family members receiving care allowances.

3. Persons injured and assessed by the competent Medical Appraisal Board to have a reduction in work capacity due to injury from 5% to less than 21% shall be entitled to a one-time allowance.

4. Time of entitlement:

a) For persons injured from the date this Ordinance takes effect, they shall be entitled to monthly allowances from the month immediately following the injury;

b) For persons injured before the date this Ordinance takes effect, they shall be entitled to monthly allowances from January 1, 2013.

5. For war invalids who are also veterans:

a) In cases where separate assessments have been made for the reduction in work capacity due to illness and the reduction in work capacity due to injury, they shall be entitled to both war invalid allowances and veteran allowances. The time of entitlement to additional allowances shall be calculated from the date the Department of Labor, Invalids, and Social Affairs issues the decision on allowances.

b) In cases where combined assessments have been made for the reduction in work capacity due to illness and the reduction in work capacity due to injury:

They shall be entitled to both war invalid allowances and veteran allowances if they have served continuously in the military or police for at least 15 years, or if they have served less than 15 continuous years in the military or police but their total actual service time reaches 20 years or more.

They shall be entitled to both war invalid allowances and veteran allowances if, after deducting the reduction in work capacity due to injury, the reduction in work capacity due to illness remains at 41% or more, the level of allowance being based on the reduced percentage.

They may choose to receive one of the two allowance systems if, after deducting the reduction in work capacity due to injury, the reduction in work capacity due to illness remains below 41%.

The time of entitlement to additional allowances shall be calculated from the date the Department of Labor, Invalids, and Social Affairs issues the decision on allowances.

Article 32. Preferential Treatment System for Relatives When War Invalids Die

1. When a war invalid dies, the person organizing the funeral shall receive funeral expenses; representatives of relatives shall be entitled to a one-time allowance equal to three months of allowances and preferential supplements.

2. For war invalids with a reduction in work capacity due to injury of 61% or more who die, relatives shall be entitled to monthly pension allowances as follows:

a) Father, mother; spouse aged 60 or older for males, 55 or older for females; children under 18 years old or aged 18 or older if still continuing education shall be entitled to monthly pension allowances from the month immediately following the death of the war invalid;

b) Children with severe disabilities or extremely severe disabilities since childhood, after turning 18 years old and having a reduction in work capacity of 61% or more shall be entitled to monthly pension allowances from the date the competent Medical Appraisal Board makes its conclusion;

c) Children with severe disabilities or extremely severe disabilities after turning 18 years old and having a reduction in work capacity of 61% or more, without monthly income or with monthly income lower than 0.6 times the standard level, shall be entitled to monthly pension allowances from the date the competent Medical Appraisal Board makes its conclusion;

d) In cases where the father, mother; spouse of the war invalid who died were not yet 60 years old for males, 55 years old for females at the time of death, they shall be entitled to monthly pension allowances when reaching 60 years old for males, 55 years old for females;

đ) In cases where the war invalid died before January 1, 2013, relatives shall be entitled to monthly pension allowances as follows:

By January 1, 2013, if the father, mother; spouse of the war invalid had not yet reached 60 years old for males, 55 years old for females, they shall be entitled to monthly pension allowances when reaching 60 years old for males, 55 years old for females; if they had already reached 60 years old for males, 55 years old for females, they shall be entitled to monthly pension allowances from January 1, 2013.

e) Father, mother, spouse, children aged 18 or older living alone without support, or children under 18 years old orphaned by both parents currently receiving monthly pension allowances shall be entitled to additional monthly maintenance allowances equal to 0.8 times the standard level.

3. For war invalids with a reduction in work capacity of 61% or more who die due to recurrence of injuries confirmed as martyrs, relatives shall be entitled to transfer to the monthly pension allowances of relatives of martyrs. The time of entitlement shall be as stipulated in Clause 6, Article 20 of this Decree.

Section 7

VETERANS

Article 33. Conditions for Confirmation

1. Persons suffering from diseases under any of the following circumstances shall be considered for confirmation as war invalids:

a) Fighting to defend national independence, sovereignty, territorial integrity, and national security;

b) Directly serving combat operations during enemy bombardment: loading ammunition, providing first aid, evacuating wounded, ensuring communication, repairing warehouses, protecting goods, and other combat support tasks;

c) Engaging continuously in activities in areas with particularly difficult socio-economic conditions as prescribed by law for at least 15 months;

d) Engaging in activities in areas with particularly difficult socio-economic conditions as prescribed by law for less than 15 months but having served at least 10 years in the People's Army or the People's Public Security Force;

đ) Performing international duties and contracting diseases while on duty. Cases where diseases are contracted during study, sightseeing, tourism, recuperation, medical treatment, friendly visits; working under economic contracts, scientific and technical cooperation, cultural, educational, labor agreements do not fall within the scope for consideration for confirmation as war invalids;

e) Performing urgent and dangerous tasks serving national defense and security;

g) While performing the mission of searching for and collecting remains of martyrs assigned by competent authorities;

h) Contracting diseases due to one of the cases stipulated in Points a, b, c, đ of this Clause, which reoccurred after discharge leading to mental illness;

i) Having served at least 15 years in the People's Army or the People's Public Security Force but not meeting the age requirement for retirement benefits.

2. Those who suffer from diseases caused by their own actions or violations of the law or regulations of their agencies or units will not be considered for confirmation as war invalids.

Article 34. Responsibility for Issuing Disease Certificates and War Invalid Certificates

1. Issuance of Disease Certificates:

a) For military personnel suffering from diseases, by the Commander of a Regiment or equivalent level or higher;

b) For public security personnel suffering from diseases, by the Head of a Department-level Unit, Director of Provincial Public Security or equivalent level or higher.

2. Competent authorities as prescribed by the Ministry of National Defense and the Ministry of Public Security issue decisions on issuing War Invalid Certificates and disease allowances and subsidies.

Article 35. Documents for Entitlement to Preferential Treatment Benefits

1. Disease Certificate.

2. Medical Examination Board's Report on Disease Assessment.

3. Decision on Issuing War Invalid Certificate and disease allowances and subsidies.

Article 36. Preferential Treatment Benefits

1. War invalids whose work capacity has been reduced by diseases by 81% or more shall receive monthly allowances.

In cases of particularly serious diseases: amputation or paralysis of two limbs or more; blindness in both eyes; severe mental illness leading to inability to manage daily life shall receive special monthly allowances. War invalids receiving special monthly allowances shall not receive monthly allowances.

2. War invalids whose work capacity has been reduced by diseases by 81% or more living in families shall receive care allowance.

3. Monthly allowances from the date the authorized Medical Examination Board concludes that work capacity has been reduced by 61% or more.

Article 37. Preferential Treatment Benefits for Relatives When War Invalid Dies

1. When a war invalid dies, the person organizing the funeral shall receive funeral expenses; representatives of relatives shall receive a one-time allowance equal to three months of preferential allowances and subsidies.

2. In cases where war invalids whose work capacity has been reduced by diseases by 61% or more die, relatives shall receive monthly pension allowances as follows:

a) Father, mother; spouse aged 60 or older for males, 55 or older for females; children under 18 years old or aged 18 or older if still continuing education shall receive monthly pension allowances from the month immediately following the death of the war invalid;

b) Children with severe disabilities or extremely severe disabilities since childhood, after turning 18 years old and having a reduction in work capacity of 61% or more shall be entitled to monthly pension allowances from the date the competent Medical Appraisal Board makes its conclusion;

c) Children with severe disabilities or extremely severe disabilities after turning 18 years old and having a reduction in work capacity of 61% or more, without monthly income or with monthly income lower than 0.6 times the standard level, shall be entitled to monthly pension allowances from the date the competent Medical Appraisal Board makes its conclusion;

d) In cases where the father, mother; spouse of the war invalid are not yet 60 years old for males, 55 years old for females at the time of death, they shall receive monthly pension allowances when reaching 60 years old for males, 55 years old for females;

đ) In cases where the war invalid died before January 1, 2013, relatives shall receive monthly pension allowances as follows:

As of January 1, 2013, if the father, mother; spouse of the war invalid have not reached 60 years old for males, 55 years old for females, they shall receive monthly pension allowances when reaching 60 years old for males, 55 years old for females; in cases where they have already reached 60 years old or older for males, 55 years old or older for females, they shall receive monthly pension allowances from January 1, 2013.

e) Father, mother, spouse, children aged 18 or older living alone without support, or children under 18 years old orphaned by both parents currently receiving monthly pension allowances shall be entitled to additional monthly maintenance allowances equal to 0.8 times the standard level.

Section 8

PERSONS ENGAGED IN RESISTANCE WAR WHO HAVE BEEN EXPOSED TO CHEMICAL WEAPONS

Article 38. Subjects for Confirmation

1. Officers, soldiers, professional military personnel, defense workers belonging to the Vietnam People's Army.

2. Officers, soldiers, workers belonging to the People's Public Security Force.

3. Officials, workers in state agencies, political organizations, socio-political organizations.

4. Concentrated volunteer youth.

5. Village police; self-defense forces; militia; civil defense; village, ward, commune, township officials.

Article 39. Conditions for Confirmation

1. Having worked, fought, or served in combat from August 1, 1961 to April 30, 1975 in areas where the US military used chemical weapons at battlefields B, C, K (including ten communes: Vinh Quang, Vinh Giang, Vinh Tan, Vinh Thanh, Vinh O, Vinh Khe, Vinh Ha, Vinh Lam, Vinh Son, and Vinh Thuy in Vinh Linh district, Quang Tri province).

2. Being affected by chemical weapons leading to one of the following conditions:

a) Contracting diseases listed in the disease catalog established by the Ministry of Health that reduce work capacity by 21% or more;

b) Infertility;

c) Giving birth to deformed or disabled children according to the deformity and disability catalog established by the Ministry of Health.

Article 40. Responsibilities for Confirmation

1. Authorities with jurisdiction as prescribed by the Ministry of National Defense and the Ministry of Public Security shall guide procedures and formalities for establishing files, organizing medical examinations, issuing certificates of persons involved in the resistance movement affected by chemical weapons, and making decisions on allowances and subsidies for cases stipulated in Clause 1 and Clause 2 of Article 38 of this Decree who are still serving.

2. For cases stipulated in Clause 3, Clause 4, and Clause 5 of Article 38 of this Decree, the following shall be implemented:

a) The Director of the Department of Health shall issue certificates of diseases; deformities, disabilities caused by chemical weapons exposure;

b) The Director of the Department of Labor, Invalids, and Social Affairs shall issue certificates of persons involved in the resistance movement affected by chemical weapons and make decisions on allowances and preferential subsidies.

Article 41. Documents for Preferential Treatment for Persons Involved in the Resistance Movement Affected by Chemical Weapons

1. Documents proving participation in the resistance movement in areas where the US military used chemical weapons.

2. A copy of the medical record treated at a healthcare facility authorized by the Ministry of Health.

3. The report of the Medical Examination Board authorized by the Ministry of Health.

4. Certificates of diseases; deformities, disabilities caused by chemical weapons exposure issued by the authorities authorized by the Ministry of National Defense and the Ministry of Public Security for cases stipulated in Clause 1 and Clause 2 of Article 38 of this Decree, or by the Director of the Department of Health for cases stipulated in Clause 3, Clause 4, and Clause 5 of Article 38 of this Decree.

5. Decisions on allowances and subsidies made by the competent authority.

Article 42. Preferential Treatment for Persons Involved in the Resistance Movement Affected by Chemical Weapons

1. Monthly allowance based on the degree of reduced work capacity from the date the Medical Examination Board authorized by the Ministry of Health concludes, specifically as follows:

a) Reduced work capacity from 21% to 40%: Allowance equal to 0.76 times the standard level;

b) Reduced work capacity from 41% to 60%: Allowance equal to 1.27 times the standard level;

c) Reduced work capacity from 61% to 80%: Allowance equal to 1.78 times the standard level;

d) Reduced work capacity from 81% or more: Allowance equal to 2.28 times the standard level.

2. Persons involved in the resistance movement affected by chemical weapons with reduced work capacity due to illness from 81% or more shall receive benefits equivalent to those of war invalids with the same percentage of reduced work capacity.

3. Persons involved in the resistance movement affected by chemical weapons with reduced work capacity from 81% or more, living in families, shall receive a service allowance equal to one time the standard level.

4. When a person involved in the resistance movement affected by chemical weapons dies, the organization arranging the funeral shall receive funeral expenses; representatives of relatives shall receive a one-time allowance equal to three months of preferential allowances and subsidies.

5. When a person involved in the resistance movement affected by chemical weapons with reduced work capacity from 61% or more dies, relatives shall receive monthly pension benefits equivalent to those of relatives of war invalids with reduced work capacity from 61% or more who have died.

In the case of a child aged 18 or older who is receiving monthly allowances for being a child of a person involved in the resistance movement affected by chemical weapons, they shall not receive monthly pension benefits for relatives of deceased persons with meritorious service.

6. Persons involved in the resistance movement affected by chemical weapons recognized and enjoying benefits before September 1, 2012 shall be handled as follows:

a) If currently receiving monthly allowances based on a reduced work capacity of 81% or more, they shall continue to enjoy the current benefit regime;

b) If currently receiving monthly allowances based on a reduced work capacity below 81% and the medical examination report has determined the percentage of reduced work capacity, they shall switch to receiving monthly allowances according to the levels specified in Point a, Point b, and Point c of Clause 1 of this Article from January 1, 2013;

c) If currently receiving monthly allowances based on a reduced work capacity below 81% and the percentage of reduced work capacity has not been determined, they shall temporarily retain their current allowance level. During the retention period, those wishing to undergo medical examination shall be referred to the authorized Medical Examination Board by the Department of Labor, Invalids, and Social Affairs, and a decision to adjust allowances according to the levels specified in Point a, Point b, and Point c of Clause 1 of this Article shall be made from the date the authorized Medical Examination Board concludes;

After December 31, 2013, those who have not undergone a medical examination to determine the percentage of reduced work capacity shall switch to receiving allowances as if they had a reduced work capacity from 41% to 60%;

d) If currently receiving monthly allowances based on a reduced work capacity below 81%, while also having given birth to deformed or disabled children or being infertile due to chemical weapon exposure, but the medical examination does not conclude the percentage of reduced work capacity or concludes it below 61%, they shall switch to receiving allowances as if they had a reduced work capacity from 41% to 60% from January 1, 2013.

7. Persons involved in the resistance movement affected by chemical weapons recognized from September 1, 2012 shall enjoy allowances according to the provisions of Clause 1 of this Article.

Article 43. Allowance for Attendants

1. The allowance amount is equal to one time the standard level.

2. Those who were engaged in the resistance war and were exposed to toxic chemicals, with a reduced ability to work of 81% or more, confirmed before September 1, 2012, shall receive the attendant allowance from September 1, 2012.

3. Documents for receiving the allowance

a) Decision on allowance and additional allowance for those engaged in the resistance war and exposed to toxic chemicals.

b) Decision on caregiver allowance issued by the Director of the Department of Labor, Invalids and Social Affairs.

Article 44. Documents for Receiving Preferential Treatment for Children of Those Engaged in the Resistance War and Exposed to Toxic Chemicals

1. Proof of participation in the resistance war in areas where the US military used toxic chemicals, or a copy of the decision on allowance and additional allowance for those engaged in the resistance war and exposed to toxic chemicals, issued to the father or mother.

2. A copy of the birth certificate.

3. The report of the Medical Examination Board authorized by the Ministry of Health.

4. Certificate of deformity or disability caused by toxic chemicals, issued by the Director of the Department of Health.

5. Decision on allowance issued by the Director of the Department of Labor, Invalids, and Social Affairs.

Article 45. Preferential Treatment for Children of Those Engaged in the Resistance War and Exposed to Toxic Chemicals

1. Monthly Allowance

Level 1: Reduced ability to work of 81% or more, the allowance amount is equal to one time the standard level.

Level 2: Reduced ability to work of 61% to 80%, the allowance amount is equal to 0.6 times the standard level.

The date of receiving the allowance is from the date when the competent medical examination board concludes its assessment.

2. Provision of assistive devices and necessary orthopedic equipment based on the condition of deformity or disability.

3. When children of those engaged in the resistance war and exposed to toxic chemicals, currently receiving monthly allowances under this Clause, die, the person organizing the funeral will receive funeral expenses; the representative of the family will receive a one-time allowance equal to three months of preferential allowance.

Section 9

 REBELLION ACTIVISTS

OR RESISTANCE ACTIVITIES CAPTURED AND IMPRISONED BY THE ENEMY

Article 46. Documents for Receiving Preferential Treatment

1. Proof of participation in the revolution or resistance war and the period and location of imprisonment or exile, or documents for receiving a one-time allowance for those who have received a one-time allowance and are still alive.

2. Decision on subsistence allowance by the Director of the Department of Labor, Invalids, and Social Affairs.

Article 47. Monthly Allowance

1. The monthly allowance amount is equal to 0.6 times the standard level.

2. Time of receipt:

a) For those who have received a one-time allowance and are still alive: The time of receiving the monthly allowance starts from September 1, 2012;

b) For those recognized from September 1, 2012 onwards: The time of receiving the allowance starts from the date the Director of the Department of Labor, Invalids, and Social Affairs issues the decision.

Article 48. Preferential Treatment When Rebellion Activists or Resistance War Participants Are Captured and Imprisoned by the Enemy and Die

1. If rebellion activists or resistance war participants who are receiving monthly allowances are captured and imprisoned by the enemy and die, the person organizing the funeral will receive funeral expenses; the representative of the family will receive a one-time allowance equal to three months of preferential allowance.

2. If rebellion activists or resistance war participants who are captured and imprisoned by the enemy and die without having received preferential treatment for those captured and imprisoned by the enemy, the representative of the family will receive a one-time allowance equal to 1.5 times the standard level.

Section 10

PERSONS ENGAGED IN RESISTANCE WARS FOR NATIONAL LIBERATION, DEFENSE OF THE COUNTRY, AND INTERNATIONAL DUTIES

Article 49. Documents for Receiving Preferential Treatment

1. Proof of being awarded the Order of Resistance War or Victory Order, Medal of Resistance War or Victory Medal.

2. Decision on one-time allowance issued by the Director of the Department of Labor, Invalids, and Social Affairs.

Article 50. Preferential Treatment System

1. One-time allowance based on the duration of participation in the resistance war.

2. When a person engaged in the national liberation resistance war, defending the country, and fulfilling international duties dies, the person organizing the funeral shall be entitled to funeral expenses.

Section 11

PERSONS WITH MERIT IN ASSISTING THE REVOLUTION

Article 51. Documentation for Receiving Preferential Treatment

1. Documents proving commendation for contributions to the revolution.

2. Decision on subsistence allowance by the Director of the Department of Labor, Invalids, and Social Affairs.

Article 52. Preferential Treatment

1. A person who has contributed to the revolution shall be awarded the Commemorative Medal "The State Commends" or the Certificate "Contributed to the Country"; a family member of such a person who has contributed to the revolution before August 1945 shall be entitled to preferential treatment from the date the Director of the Department of Labor - Invalids and Social Affairs issues a decision:

a) Monthly allowance.

In cases where they live alone without support, they shall also receive a monthly maintenance allowance equal to 0.8 times the standard level;

b) Other preferential treatments as provided for relatives of martyrs under Article 14 of the Ordinance.

2. A person who has contributed to the revolution and is awarded the War Resistance Medal; a family member of such a person who has contributed to the revolution and is awarded the War Resistance Medal shall be entitled to preferential treatment from the date the Director of the Department of Labor - Invalids and Social Affairs issues a decision:

a) Monthly allowance.

In cases where they live alone without support, they shall also receive a monthly maintenance allowance equal to 0.8 times the standard level;

b) When a person who has contributed to the revolution dies, the person organizing the funeral shall be entitled to funeral expenses; a representative of the next of kin shall receive a one-time allowance equivalent to three months of preferential allowance.

3. A person who has contributed to the revolution and is awarded the War Resistance Badge; a family member of such a person who has contributed to the revolution and is awarded the War Resistance Badge shall be entitled to:

a) One-time allowance;

b) When a person who has contributed to the revolution dies, the person organizing the funeral shall be entitled to funeral expenses.

Chapter III

OTHER PREFERENTIAL TREATMENTS

Article 53. Health Care System

1. People with contributions to the revolution and their dependents shall be covered by state health insurance according to the provisions of the law.

2. People with contributions to the revolution being cared for at facilities of the Labor - Invalids and Social Affairs sector shall enjoy medical treatment benefits.

3. People with contributions to the revolution living at home and their dependents as defined in the Ordinance shall receive rehabilitation allowances as follows:

a) Concentrated rehabilitation is 2,220,000 VND per person per session;

b) Home-based rehabilitation is 1,110,000 VND per person per session.

The Ministry of Labor - Invalids and Social Affairs shall take the lead and coordinate with the Ministry of Finance to adjust the rehabilitation allowance for people with contributions to the revolution based on the state budget's capacity, taking into account inflation factors.

4. People with contributions to the revolution and their dependents as defined in the Ordinance shall have their work functions restored, be provided with assistive devices, and orthopedic equipment.

Article 54. Preferential Treatment in Education

1. Tuition support and one-time annual allowance for people with contributions to the revolution and their children as stipulated in the Ordinance when studying at preschool education institutions, general education institutions, vocational training institutions with courses lasting one year or more, or higher education institutions.

2. Monthly allowance for people with contributions to the revolution and their children as stipulated in the Ordinance when studying at vocational training institutions with courses lasting one year or more, or higher education institutions.

This system shall not apply to cases where they are already receiving salary or living expenses while studying.

3. People with contributions to the revolution and their children currently studying at institutions within the national education system shall enjoy preferential treatment as stipulated in the Ordinance on preferential treatment for people with contributions to the revolution.

4. People with contributions to the revolution and their children, if simultaneously studying at multiple educational institutions or multiple departments, majors within the same institution, shall only be entitled to one preferential treatment.

5. The education preferential treatment system shall not apply to people with contributions to the revolution and their children if they are already receiving preferential treatment at a vocational training institution or a higher education institution.

Article 55. Housing Preferential Treatment System

1. Persons who have rendered meritorious service to the revolution and relatives of martyrs shall be supported to improve their housing conditions according to their circumstances, contributions, and the State's and localities' capacity.

The support for improving housing conditions shall be based on the highest preferential treatment regime that such person enjoys and shall only be resolved once.

2. If persons who have rendered meritorious service to the revolution and relatives of martyrs purchase state-owned housing, they shall be exempted or granted reductions in land use fees in accordance with the laws on land.

3. If persons who have rendered meritorious service to the revolution and relatives of martyrs are allocated land by the State for housing purposes, they shall be granted reductions in land use fees according to their contributions, as stipulated by the laws on land.

Chapter IV

MANAGEMENT OF GRAVES AND MONUMENTS FOR RECORDING MARTYRS

Section 1

SEARCHING, COLLECTING AND IDENTIFYING REMAINS OF MARTYRS WITH INCOMPLETE INFORMATION

Article 56. Responsibility for Searching and Collecting Remains

1. The Ministry of National Defense shall be responsible for directing, managing, guiding, and conducting searches and collections of remains of martyrs both domestically and internationally.

2. People's Committees at all levels or relevant agencies shall be responsible for coordinating with agencies under the Ministry of National Defense in searching and collecting remains of martyrs.

3. Agencies, organizations, and individuals discovering places containing remains of martyrs or having information about possible remains of martyrs shall be responsible for reporting to the local military authorities to organize surveys and conclusions.

4. The State encourages organizations and individuals both within and outside the country to participate in discovering and providing information about burial sites of martyrs.

Article 57. Tasks for Searching and Collecting Remains

1. Building, amending, and supplementing policies and organizing the implementation of work related to searching and collecting remains of martyrs.

2. Establishing an integrated database of information on martyrs for searching and collecting remains.

3. International cooperation in the field of searching and collecting remains of martyrs.

4. Units collecting remains of martyrs shall be responsible for establishing files including: Diagrams, locations where remains were found, records of remains, and relics (if any) to hand over to the Department of Labor, Invalids, and Social Affairs of the locality where the remains of martyrs are interred.

Article 58. Interment of Remains of Martyrs

1. Handover of remains of martyrs shall be conducted as follows:

a) Remains of martyrs whose information has been identified:

The collection unit hands over the remains to the Department of Labor, Invalids, and Social Affairs according to the wishes of the martyr's relatives.

In cases where martyrs have no surviving relatives, the collection unit hands over the remains to the Department of Labor, Invalids, and Social Affairs according to the wishes of those who worship the martyrs;

b) Remains of martyrs whose information has not been identified shall be handed over by the collection unit to the Department of Labor, Invalids, and Social Affairs of the locality where the collection took place;

c) Remains of volunteer soldiers whose information has not been identified shall be handed over by the collection unit to the Department of Labor, Invalids, and Social Affairs of the locality designated to receive them;

d) The Department of Labor, Invalids, and Social Affairs of the locality where the remains of martyrs are interred shall accept the file in accordance with Clause 4, Article 57 of this Decree.

2. Organizing the interment of remains of martyrs

a) Provincial People's Committees shall coordinate with the Ministry of Labor, Invalids, and Social Affairs and the Ministry of National Defense to organize ceremonies for receiving and interring remains of volunteer soldiers;

b) District People's Committees shall organize ceremonies for receiving and interring remains of martyrs collected by domestic units;

c) Commune People's Committees shall organize ceremonies for receiving and interring remains of martyrs in cases where the remains of martyrs are moved according to the wishes of the relatives or those who worship the martyrs.

Article 59. Determination of Remains of Martyrs with Missing Information

1. The Ministry of Labor - Invalids and Social Affairs shall be responsible for developing plans and organizing the implementation of:

a) Building a database on martyrs, graves of martyrs, and martyrs' cemeteries;

b) Receiving and processing information to determine the remains of martyrs;

c) Announcing the results of determining the remains of martyrs;

d) Notifying the relatives of martyrs about graves of martyrs with complete information.

2. The Ministry of Labor - Invalids and Social Affairs shall cooperate with the Ministry of National Defense, the Ministry of Public Security, and the Vietnam Academy of Science and Technology, relevant agencies, and international organizations to organize genetic testing to determine the remains of martyrs with missing information.

Section 2

CONSTRUCTION AND MANAGEMENT OF MONUMENTS FOR THE REMEMBRANCE OF VICTIMS OF THE REVOLUTION

Article 60. Commemorative Works for Martyrs

1. Commemorative works for martyrs shall be constructed to ensure aesthetic appeal, durability, and suitability with local customs and traditions.

Martyrs' cemetery is a place solely for burying the remains of martyrs, built solemnly to express respect for martyrs.

A monument commemorating martyrs shall be constructed at the center of provincial or centrally-administered city's political and cultural areas; at the center of districts, towns, cities within provinces without martyrs' cemeteries or places with significant historical battlefields.

A shrine honoring martyrs is a place for worshipping and recording the names of martyrs, built at places with significant historical battlefields.

A memorial house inscribed with the names of martyrs shall be constructed in communes, wards, towns, districts without martyrs' cemeteries.

2. Commemorative works for martyrs shall be constructed in accordance with the planning of the area, meeting the needs of venerating and visiting martyrs by the people, and educating revolutionary traditions.

Article 61. Funding for Construction, Renovation, and Upgrading of Commemorative Works for Martyrs

1. Commemorative works for martyrs shall be funded from the state budget and contributions from the community.

2. The central government budget shall allocate funds for construction and upgrading of martyrs' cemeteries from the capital expenditure fund, based on the number of graves in the cemetery and places with significant historical battlefields, revolutionary bases.

3. The central government budget shall provide support to localities for constructing monuments commemorating martyrs, shrines honoring martyrs, and memorial houses inscribed with the names of martyrs according to the provisions of the law.

4. Local government budgets shall cover:

a) Construction and upgrading of monuments commemorating martyrs, shrines honoring martyrs, and memorial houses inscribed with the names of martyrs;

b) Regular maintenance and repair of graves, martyrs' cemeteries, monuments commemorating martyrs, shrines honoring martyrs, and memorial houses inscribed with the names of martyrs.

5. Encouragement is given to businesses, organizations, and individuals to support funding for the construction, renovation, and upgrading of commemorative works for martyrs.

Article 62. Graves of Martyrs

1. Graves of martyrs within the same martyrs' cemetery must be uniformly constructed in terms of size and specifications.

2. The content on the tombstones of martyrs shall be uniformly recorded according to the regulations of the Ministry of Labor - Invalids and Social Affairs.

3. Graves of martyrs at clan cemeteries managed by families shall be supported with a one-time funding of VND 2,500,000 for building a tomb cover.

4. The management agency of martyrs' cemeteries shall establish files and manage graves within the martyrs' cemetery.

Article 63. Management and Care of Commemorative Works for Martyrs

1. Commemorative works for martyrs must be regularly cared for, managed, repaired, and maintained.

2. The State encourages organizations and individuals to participate in caring for and maintaining commemorative works for martyrs.

3. Provincial People's Committees shall issue management regulations for commemorative works for martyrs within their jurisdiction.

4. The Ministry of Labor - Invalids and Social Affairs shall stipulate staffing for managing martyrs' cemeteries.

Section 3

VISITING AND MOVING GRAVES OF MARTYRS

Article 64. Visiting the graves of烈士

1. The relatives of the烈士or those who worship the烈士shall be supported when visiting the grave of the烈士in the following cases:

a) The grave of the烈士has complete information and is currently interred at a烈士cemetery;

b) In cases where the烈士's specific grave has not been identified within the烈士cemetery but their name is listed in the cemetery's management records;

c) The烈士has information about the place of sacrifice recorded on the death notice or according to the announcement of the authority issuing the death notice.

2. The relatives of the烈士(up to three people) or those who worship the烈士when visiting the grave of the烈士shall be supported by the state with travel expenses and food once a year.

Article 65. Relocating the remains of the烈士

1. The grave of the烈士with complete information interred in a烈士cemetery may be relocated according to the wishes of the relatives or those who worship the烈士.

2. The state shall support travel expenses and food for the relatives of the烈士or persons authorized by the relatives or those who worship the烈士(up to three people) when relocating the remains of the烈士; support costs for exhumation and relocation of the烈士's remains.

3. There will be no support for costs related to the relocation of the烈士's remains in cases where they have already been relocated according to the wishes of the relatives or those who worship the烈士.

Chapter V

HANDLING VIOLATIONS

Article 66. Handling of violations of preferential treatment laws for those who have contributed to the revolution

1. Any person committing one of the following violations, depending on the nature and degree of violation, shall be subject to administrative penalties or criminal prosecution:

a) Falsifying or misrepresenting documents to enjoy preferential treatment;

b) Falsifying or misrepresenting documents to obtain additional preferential treatment;

c) Falsifying or providing false certification to enable others to enjoy preferential treatment.

Those who violate Points a and b of Clause 1 of this Article shall have their enjoyed preferential treatments suspended due to falsification or misrepresentation of documents, and shall be required to return any improperly obtained preferential treatments.

2. Any person who abuses their position or power to violate laws on preferential treatment for contributors to the revolution, causing damage to the interests of the State and the rights of contributors, shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and degree of violation; if damage is caused, compensation must be provided according to the law.

Article 67. Handling of individuals receiving preferential treatment under the Ordinance who commit crimes

1. In cases where individuals committing crimes as stipulated in Clauses 1 and 2 of Article 44 of the Ordinance are temporarily detained, the Department of Labor - Invalids and Social Affairs or competent authorities under the Ministry of National Defense or Ministry of Public Security shall suspend preferential treatment from the month immediately following the detention decision.

2. In cases where individuals have been convicted, the Department of Labor - Invalids and Social Affairs or competent authorities under the Ministry of National Defense or Ministry of Public Security shall be responsible for:

a) Issuing a Decision to temporarily suspend preferential treatment for individuals committing crimes as stipulated in Clause 1 of Article 44 of the Ordinance during the period of serving a prison sentence from the month immediately following the effective date of the judgment.

Issuing a decision to restore preferential treatment from the month immediately following the completion of the prison sentence by the competent authority;

b) Issuing a decision to terminate preferential treatment for individuals committing crimes as stipulated in Clause 2 of Article 44 of the Ordinance from the month immediately following the effective date of the judgment.

Chapter VI

RESPONSIBILITIES OF THE SUPERVISORY AUTHORITY

Article 68. Ministry of Labor, Invalids and Social Affairs

1. Guide on procedures, files, authority to confirm; inspect, supervise the implementation of policies for persons who have rendered meritorious service to the revolution and their dependents.

2. Guide on disbursing monthly allowances, monthly subsidies, one-time allowances; convalescence, purchasing health insurance, providing orthopedic equipment; preferential policies in education and training for persons who have rendered meritorious service to the revolution and their dependents.

3. Plan and guide the implementation of memorials for martyrs; regulations on managing memorials for martyrs.

4. Direct and guide the work of receiving remains of martyrs, identifying missing information about remains of martyrs and information about martyrs' graves.

5. Guide the establishment of organizational models and operational mechanisms of social care facilities for persons who have rendered meritorious service to the revolution; standards, policies for personnel managing martyrs' cemeteries.

6. Take the lead, coordinate with relevant ministries, sectors, localities, political-social organizations to organize movements to repay debts of gratitude; manage the "Repaying Debts of Gratitude" Fund; promote, mobilize, summarize competitive activities, commendation, and expand exemplary models in the field of persons who have rendered meritorious service.

7. Take the lead, coordinate with related ministries to stipulate benefits, norms, methods of providing orthopedic equipment and assistive devices for persons who have rendered meritorious service to the revolution.

8. Inspect, supervise, resolve complaints and denunciations regarding the implementation of laws concerning persons who have rendered meritorious service to the revolution.

9. Implement international cooperation on persons who have rendered meritorious service to the revolution.

10. Carry out statistical work on persons who have rendered meritorious service to the revolution.

11. Coordinate with relevant ministries and sectors to guide the implementation of this Decree.

Article 69. Ministry of National Defense

1. Guide on procedures, steps to confirm, organize the implementation of preferential policies for persons who have rendered meritorious service to the revolution under the management of the Ministry of National Defense.

2. Guide and organize the implementation of searching for and collecting remains of martyrs.

3. Investigate and handle according to the provisions of law on violations of law in establishing files and implementing preferential policies for persons who have rendered meritorious service under the management of the Ministry of National Defense.

Article 70. Ministry of Public Security

1. Guide on procedures, steps to confirm, organize the implementation of preferential policies for persons who have rendered meritorious service to the revolution under the management of the Ministry of Public Security.

2. Investigate and handle according to the provisions of law on violations of law in establishing files and implementing preferential policies for persons who have rendered meritorious service.

Article 71. Ministry of Finance

1. Take the lead, coordinate with the Ministry of Labor, Invalids and Social Affairs to guide the preparation, allocation, management, utilization, and settlement of budget funds for implementing preferential policies for persons who have rendered meritorious service to the revolution.

2. Guide, direct, organize the implementation of tax exemptions and reductions for persons who have rendered meritorious service to the revolution and provide material support, capital sources for production and business establishments.

3. Ensure the budget for implementing preferential policies for persons who have rendered meritorious service to the revolution.

4. Inspect, audit the use of the budget for implementing preferential policies for persons who have rendered meritorious service to the revolution.

Article 72. Ministry of Health

1. Guide, care for and protect the health, health insurance for persons who have rendered meritorious service to the revolution.

2. Issue a list of diseases, deformities, disabilities caused by chemical toxins to confirm persons engaged in anti-war resistance and their children affected by chemical toxins.

3. Guide, stipulate standards for disabilities, diseases, deformities, disabilities and organize examinations, appraisals for war invalids, war veterans, persons engaged in anti-war resistance affected by chemical toxins and children of persons who have rendered meritorious service.

4. Guide methods for compiling ratios in examinations and appraisals of labor capacity reduction ratios.

Article 73. Ministry of Construction

Shall take the lead in drafting and submitting to the Prime Minister for issuance policies to support housing for persons who have rendered meritorious service to the revolution and relatives of martyrs, ensuring that they are appropriate to the circumstances, contributions, and capabilities of each group of beneficiaries and the budgetary capacity.

Article 74. Ministry of Agriculture and Rural Development

Shall guide the implementation of preferential and incentive regimes in agricultural, forestry, fishery, and salt production and business through forms of assistance such as priority support for planting and breeding seeds, irrigation fees, agricultural and forest product processing, application of science and technology in production; incentives in promoting agriculture, forestry, fisheries, and salt production and development of rural trades for persons who have rendered meritorious service to the revolution and relatives of martyrs.

Article 75. Ministry of Planning and Investment

Shall coordinate with the Ministry of Labor, Invalids and Social Affairs and the Ministry of Finance to allocate resources for the implementation of the preferential regime prescribed in this Decree.

Article 76. Ministry of Natural Resources and Environment

Shall guide the implementation of preferential regimes for land users who are persons who have rendered meritorious service to the revolution and relatives of martyrs; land reserved for memorials to martyrs, production and business facilities of invalids of war and veterans, care and rehabilitation centers, orthopedic and functional recovery centers for invalids of war and veterans, and other persons who have rendered meritorious service to the revolution.

Article 77. Ministry of Education and Training

1. Shall guide the implementation of preferential admission and training for persons who have rendered meritorious service to the revolution and their children at educational institutions under the national education system.

2. Shall guide educational institutions under the national education system to participate in caring for and maintaining memorials to martyrs.

Article 78. Ministry of Home Affairs

Shall guide procedures for awarding Commemorative Medals to revolutionary soldiers captured and imprisoned by the enemy and commendations for persons who have rendered meritorious service to the revolution.

Chapter VII

RESPONSIBILITIES FOR IMPLEMENTATION

Article 79. General Responsibilities

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, and Chairpersons of provincial People's Committees shall be responsible for directing, guiding, organizing the implementation, inspecting, and auditing the preferential regime for persons who have rendered meritorious service to the revolution and their relatives as prescribed in this Decree within their respective jurisdictions.

Article 80. Effective Date

1. This Decree shall take effect from June 1, 2013.

2. The preferential regimes for persons who have rendered meritorious service to the revolution and their relatives prescribed in this Decree shall be applied from January 1, 2013.

3. The regime for persons engaged in revolutionary activities or resistance activities who were captured and imprisoned by the enemy; allowances for persons serving mothers who are Heroes of the Motherland Vietnam, persons engaged in resistance activities affected by toxic chemicals resulting in a reduction in work capacity of 81% or more shall be implemented from September 1, 2012.

4. Continue to confirm completed files before the effective date of this Decree. Files not yet completed or newly established shall be processed according to new guidelines.

5. Repeal Decree No. 54/2006/NĐ-CP dated May 26, 2006 of the Government guiding the implementation of certain provisions of the Ordinance on Preferential Treatment for Persons Who Have Rendered Meritorious Service to the Revolution; Decree No. 16/2007/NĐ-CP dated January 26, 2007 of the Government stipulating the search, collection, management of graves, cemeteries, monuments, and memorials to martyrs; Decree No. 89/2008/NĐ-CP dated August 13, 2008 of the Government guiding the implementation of the Ordinance amending and supplementing certain provisions of the Ordinance on Preferential Treatment for Persons Who Have Rendered Meritorious Service to the Revolution./.