Decision No. 40/2011/QD-TTg on the treatment for volunteers who have completed their tasks during the resistance war.

Pursuant to …;

Regulations on the treatment for volunteers who have completed their tasks during the resistance war
1. These regulations apply to volunteers who were centrally organized to participate in the resistance war from July 15, 1950 to April 30, 1975, have returned to their home regions upon completion of their tasks, and do not fall under the category of those entitled to retirement benefits, disability benefits, veteran benefits, war invalid benefits, benefits equivalent to those of war invalids, or benefits for individuals affected by chemical warfare during the resistance war.

______________________________

PRIME MINISTER

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

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

DECISION:

Article 1. Scope of Regulation and Applicability

a) Individuals who have already received a one-time allowance according to Decision No. 104/1999/QĐ-TTg dated April 14, 1999, issued by the Prime Minister regarding certain policies for volunteers who have completed their tasks during the resistance war;

Article 2. This Decision does not apply to:

b) Individuals whose time as volunteers has been counted towards receiving a one-time allowance according to Decision No. 290/2005/QĐ-TTg dated November 8, 2005, issued by the Prime Minister regarding the treatment and policies for certain individuals directly participating in the resistance war against America to save the country but not yet enjoying the policies of the Party and State; Decision No. 142/2008/QĐ-TTg dated October 27, 2008, issued by the Prime Minister regarding the implementation of treatment for military personnel participating in the resistance war against America with less than 20 years of service in the military who have been demobilized and returned to their home regions; Decision No. 38/2010/QĐ-TTg dated May 6, 2010, issued by the Prime Minister regarding amendments and supplements to Decision No. 142/2008/QĐ-TTg dated October 27, 2008, issued by the Prime Minister regarding the implementation of treatment for military personnel participating in the resistance war against America with less than 20 years of service in the military who have been demobilized and returned to their home regions; and Decision No. 53/2010/QĐ-TTg dated August 20, 2010, issued by the Prime Minister regarding the treatment for cadres and soldiers of the People's Public Security Forces participating in the resistance war against America with less than 20 years of service in the People's Public Security Forces who have retired and returned to their home regions;

c) Those individuals who, as of the effective date of this Decision, are serving a prison sentence without being eligible for suspended sentence.

Article 2. One-time Allowance

1. Volunteers who were centrally organized to participate in the resistance war, have completed their tasks, and returned to their home regions as stipulated in Clause 1, Article 1 of this Decision shall be entitled to a one-time allowance calculated based on the actual number of years they directly participated in the resistance war, specifically as follows:

a) For up to two full years, the amount of the one-time allowance is 2,500,000 VND;

b) For more than two years, starting from the third year, each additional year adds 800,000 VND.

When calculating the duration for the one-time allowance, if there are fractional months, six months or more will be counted as a full year, and less than six months will be counted as half (1/2) a year.

2. In cases where volunteers have passed away, one of the following persons may receive a one-time allowance of 3,600,000 VND: spouse, father, mother, biological child, adopted child, or legally recognized foster child of the deceased.

Article 3. Monthly Allowance

1. Volunteers who were centrally organized to participate in the resistance war, have completed their tasks, returned to their home regions, are no longer capable of working, and live alone without support shall be considered for a monthly allowance of 360,000 VND. This allowance will be adjusted accordingly when the Government adjusts the monthly allowance for the subjects specified in Decree No. 13/2010/NĐ-CP dated February 27, 2010, issued by the Government regarding amendments and supplements to certain articles of Decree No. 67/2007/NĐ-CP dated April 13, 2007, issued by the Government concerning assistance policies for social welfare beneficiaries.

2. Subjects currently receiving a monthly allowance according to Decision No. 104/1999/QĐ-TTg dated April 14, 1999, issued by the Prime Minister regarding certain policies for volunteers who have completed their tasks during the resistance war shall be adjusted to receive the monthly allowance as stipulated in this Decision.

Subjects eligible for consideration for a monthly allowance shall not be entitled to the one-time allowance as prescribed in Article 2 of this Decision.

The subjects entitled to monthly allowance shall not enjoy the one-time allowance regime prescribed in Article 2 of this Decision.

Article 4. Production loans

Young volunteers who have participated in the resistance war, completed their tasks, and returned to their hometowns shall be given priority in borrowing funds from the National Employment Support Fund and the Social Policy Bank for production and business activities to improve their living standards.

Article 5. Funding Assurance

1. The central budget shall ensure the funding for implementing the one-time allowance system for young volunteers who have participated in the resistance war, completed their tasks, and returned to their hometowns.

2. The local budget shall ensure the funding for implementing the monthly allowance system for young volunteers who have participated in the resistance war, completed their tasks, and returned to their hometowns but are no longer capable of working and live alone without support.

Article 6. Handling of violations

Those who engage in falsifying or forging documents to benefit from the allowance system shall be subject to disciplinary action or criminal responsibility depending on the nature and severity of the violation, and must compensate for any losses incurred according to the provisions of the law.

Article 7. Responsibilities of Ministries and People's Committees of Provinces and Cities under Central Government Direct Administration

1. The confirmation and review of beneficiaries of the allowance system stipulated in this Decision must be transparent, rigorous, accurate, and convenient.

2. The Ministry of Labor, Invalids and Social Affairs shall coordinate with the Ministry of Interior and the Ministry of Finance to guide the implementation of this Decision; direct the organization of the review, verification, and issuance of decisions regarding the monthly allowance.

3. The Ministry of Finance shall be responsible for allocating the annual budget to implement the allowance system and payment fees as prescribed by the State Budget Law.

4. The People's Committees of provinces and cities under central government direct administration shall be responsible for directing and organizing the implementation of this Decision.

Article 8. Effective Date

This Decision takes effect from October 1, 2011, and replaces Decision No. 104/1999/QĐ-TTg dated April 14, 1999, of the Prime Minister on certain policies for young volunteers who have completed their tasks in the resistance war./.