Joint Circular No. 44-TBXH/VHC/LB guides the implementation of the State Council's policy on awarding Independence Medals to families with many martyrs who sacrificed for the independence and freedom of the country.

 

 CIRCULAR

JOINT DECREE OF THE MINISTRY OF VETERANS AFFAIRS AND SOCIAL WELFARE, INSTITUTE OF AWARDS

NO. 44-TBXH/VHC/LB OF APRIL 8, 1985 GUIDING

IMPLEMENTATION OF THE POLICY OF THE STATE COUNCIL ON BESTOWING AWARDS TO FAMILIES WITH MANY MARTYRS WHO SACRIFICED FOR THE INDEPENDENCE AND FREEDOM OF THE COUNTRY

Implementing the Decision of the State Council recorded in Notification No. 1285-HĐNN7 dated December 22, 1984 on the policy of bestowing Independence Medals to families with many martyrs who sacrificed for the independence and freedom of the country and Notification No. 6959-V15 dated December 22, 1984 of the Council of Ministers. The Ministry of Veterans Affairs and Social Welfare and the Institute of Awards explain and guide certain specific points as follows:

I. OBJECTIVES AND MEANING OF THE RECOGNITION

 

In the long, arduous, and glorious struggle of the revolutionary cause, the Party and the nation have made great contributions, especially the contribution of martyr families, particularly those with many martyrs. The state has implemented many policies and material and spiritual benefits to compensate for the sacrifices of martyr families.

 

On the occasion of the 40th anniversary of the founding of the Vietnam People's Army, the State Council decided to recognize the awarding of Independence Medals to families with many martyrs to acknowledge the indomitable fighting spirit of the people against all enemies of the nation, to highlight the contributions of those who have made significant efforts and the greatest sacrifices within martyr families, while also educating the people to enhance their responsibility in compensating for the martyrs; to continue encouraging the entire population to advance and complete all tasks in the current revolutionary stage as well as in the future.

 

II. RECIPIENTS OF RECOGNITION AND CRITERIA FOR

COUNTING MARTYRS FOR RECOGNITION

A. RECIPIENTS OF RECOGNITION
The main recipients of recognition are the biological parents of martyrs in the following families:

 - Families with many martyrs.

- Families with only one child who is a martyr.

The scope of the family includes the spouse and children.

The martyrs mentioned above are those who have been awarded the Certificate of Merit by the Government or the former Prime Minister.

B. CRITERIA FOR COUNTING MARTYRS FOR RECOGNITION

1. The number of martyrs in each family counted for recognition includes the martyrs who are the father, mother, and biological children (both male and female).

Martyrs recognized according to the criteria specified in Point 2, Section I of Circular No. 05-TBXH dated May 10, 1976 of the Ministry of Veterans Affairs and Social Welfare are also counted as biological children for recognition of the person who raised the martyr.

2. For families that already have a spouse who is a child of a martyr, if there is an additional grandson who is also a martyr, this grandson is also counted for recognition of the family.

3. Martyrs who have been honored as Heroes of the Armed Forces are counted as two martyrs for recognition.

4. In some cases, families of martyrs with members who are Class A disabled veterans or persons receiving benefits equivalent to disabled veterans with severe disabilities (ranked in six categories) at ranks 1, special (ranked in six categories), 6, 7, 8 (ranked in eight categories) are also considered for recognition. These disabled veterans and persons receiving benefits must be within the scope of the martyr family defined in Part A above.

C. SOME POINTS TO BE NOTED WHEN REVIEWING RECIPIENTS OF RECOGNITION AND APPLYING CRITERIA FOR COUNTING MARTYRS FOR RECOGNITION

1. If the recipient of recognition from a martyr family has passed away, they are still eligible for recognition (posthumously).

2. If both the biological parents and the person who raised a martyr meet the criteria for benefits of a martyr family (as stipulated in Circular No. 05-TBXH dated May 10, 1976 of the Ministry of Veterans Affairs and Social Welfare), then the martyr is counted in the total number of martyrs of both the biological family and the raising family for recognition.

 

3. For martyr families where there is a spouse or child-in-law who is also a martyr (three generations in succession are martyrs), the recipient for recognition is the spouse or child-in-law of the generation based on their contribution and sacrifice.

In the case of three martyrs spanning three generations, recognition is given to the spouse or child-in-law.

4. Among the martyrs counted for recognition in these families, sons-in-law, grandsons-in-law, and daughters-in-law are not included (these individuals are only included in exceptional cases such as living together in the same house, having economic, political, and emotional ties like biological children and grandchildren, and being confirmed by the local authority).

A daughter-in-law is counted either in her husband's family or her father's family but only once, in one family, based on mutual agreement between the two families and confirmed by the local authority.

In the event of disagreement between the two families regarding counting sons-in-law, grandsons-in-law, and daughters-in-law, the resolution is as follows:

- When both parents are alive, both sides negotiate based on observations of the relationship and influence of each side towards the martyr.

- If no agreement can be reached, the count is for the biological parents' side.

- If both biological parents have passed away, the count is for the wife's parents (for sons-in-law and grandsons-in-law) or the husband's parents (for daughters-in-law) if these individuals are still alive.

5. A martyr who is a foster child (mentioned in Point 1, Part B above) is not counted in the number of martyrs of the family that raised the martyr for recognition.

III. CRITERIA AND LEVELS OF RECOGNITION

Based on the situation of martyr families and the guidance provided in Section II above, the People's Committees of provinces, cities, and centrally-administered municipalities examine and propose recognition for the recipients specified below according to the criteria and levels:

A. INDEPENDENCE MEDAL THIRD CLASS FOR:

1. A person with a spouse and two children who are martyrs.

2. A person with three children who are martyrs.

3. A person with two children, both of whom are martyrs.

4. A person with a single child who is a martyr.

B. INDEPENDENCE MEDAL SECOND CLASS FOR:

1. A person with a spouse and three children who are martyrs.

2. A person with four children who are martyrs.

 

1. A person who has a spouse and three children who are烈士 (liệt sĩ).

2. A person who has four children who are烈士 (liệt sĩ).

3. A person who has a spouse and two children who are烈士, and at the same time, there is an A-class disabled veteran or a person enjoying preferential policies similar to those for disabled veterans with severe disabilities in the family (as stipulated in Point 4, Part B, Section II above).

4. A person who has three children who are烈士, and at the same time, there is an A-class disabled veteran or a person enjoying preferential policies similar to those for disabled veterans with severe disabilities, as mentioned in Point 3 above.

5. A person who has three children, all of whom are烈士.

C. ORDER OF INDEPENDENCE, FIRST CLASS FOR FAMILIES
WITH SPECIAL CONTRIBUTIONS SUCH AS:

 

- A person who has a spouse and child who is烈士, and also has a grandchild who is烈士.

- A person who has a spouse and four or more children who are烈士.

- A person who has five or more children who are烈士.

- A person who has a spouse and three children who are烈士, where the entire family consists of only five people.

- A person who has four children, all of whom are烈士. 

IV. CONDITIONS FOR RECOGNITION AND REWARD

The subjects eligible for recognition and reward must strictly comply with laws, policies of the Party and State, and not commit offenses punishable by imprisonment (including suspended sentences) or deprivation of civil rights.

For those currently under prosecution, indictment, or investigation for indictment, the recognition and reward process will be temporarily suspended until a conclusion is reached by the state legal authority.

Those eligible for recognition and reward whose families have members committing crimes against the country, revolution, or other serious crimes shall not be considered for recognition and reward.

 V. ORGANIZATION AND IMPLEMENTATION GUIDANCE

A. PROVINCIAL AND CITY PEOPLE'S COMMITTEES UNDER THE CENTRAL AUTHORITY ARE RESPONSIBLE FOR REVIEWING AND RECOMMENDING RECOGNITION AND REWARD FOR FAMILIES OF MARTYRS MENTIONED ABOVE.
The provincial, city, and special zone commendation boards will cooperate with the Department of Martyrs and Social Affairs to directly assist the People's Committee in implementing tasks as assigned as follows:
- The Department of Martyrs and Social Affairs prepares files, conducts inspections, examines standards, and conditions for recognition and reward.

 

- The commendation board handles procedures to submit to the People's Committee for review and recommendation to the Government.

B. PROCEDURE

1. The file of the subject eligible for recognition and reward includes:

- A declaration form about the person recommended for recognition and reward.

 

- Certificates from the Department of Martyrs and Social Affairs confirming martyrs and disabled veterans counted for recognition and reward.

2. Based on the criteria and conditions for recognition and reward stipulated in this Circular and the list of families with many martyrs managed by the Department, the Department of Martyrs and Social Affairs filters out families expected to be within the scope of recognition and reward, compiling a list of such families for each district (city).

The Department assigns responsibility to the District (City) Martyrs and Social Affairs Offices to base on the aforementioned list, dispatch staff to villages (towns) to coordinate with Village (Town) People's Committees to personally complete the declaration forms about the person recommended for recognition and reward, paying attention to avoid burdening the martyr's family.

After completing the declaration form, it must be signed by the martyr's family, confirmed by the Village (Town) People's Committee, and returned to the District (City) Martyrs and Social Affairs Office for inspection and supplementary documentation (if necessary) before submitting to the Department of Martyrs and Social Affairs.

Upon receiving the completed declaration form, the Department of Martyrs and Social Affairs is responsible for inspecting, completing the file, and compiling a list to transfer to the Commendation Board to handle procedures for submission to the Provincial, City, and Special Zone People's Committees for review and recommendation to the Government.

The recommendation for recognition and reward and the file should be sent to:

- The Order of Merit Institute, one copy.

- The Ministry of Martyrs and Social Affairs, one copy.

In cases where the family of martyrs, disabled veterans, or martyrs who are heroes of the armed forces are managed by multiple localities, the Department of Martyrs and Social Affairs is responsible for contacting the Departments of Martyrs and Social Affairs and Military Commanders of the localities managing these individuals to verify additional information. These Departments of Martyrs and Social Affairs and Military Commanders of the localities are responsible for promptly providing the required information to the Department of Martyrs and Social Affairs to quickly complete the file of the person eligible for recognition and reward.

C. TIMEFRAME FOR IMPLEMENTATION

Localities need to quickly implement the recognition and recommendation process to complete it on the occasion of the 40th anniversary of the founding of the country.

It is necessary to complete a round for the most outstanding families in the locality before June 1, 1985, to announce the recognition and reward on July 27, 1984, and another round later on September 2, 1985 (to resolve remaining cases after the first round).

Therefore, files need to be classified into two types:

1. Complete and fully prepared files.

2. Files requiring additional verification and supplementary documentation.

For files of Type 1, efforts should be concentrated to quickly resolve them to be submitted for recognition and reward before the occasions mentioned above. For files of Type 2, they also need to be given appropriate attention to ensure resolution within the year 1985.

D. REVIEW AND RECOMMENDATION FOR RECOGNITION AND REWARD IN SUBSEQUENT YEARS

From now on, every year, recognition and reward will continue to be conducted on July 27 for those meeting the criteria and conditions for recognition and reward, including those who have already been recognized and later meet higher recognition criteria.

E. ORGANIZATION OF PRESENTATION OF ORDERS

 

The ceremony for presenting orders must be solemnly organized to achieve the purpose and significance mentioned above, and it will be organized by the Provincial, City, and Special Zone People's Committees.

The awarding of the Independence Order to the parents of families with many martyrs is a major policy of the State towards those who have made great sacrifices for the country. Local authorities at all levels are requested to closely direct, act urgently, and timely to achieve good results.

Commendation and reward agencies, martyrs and social affairs departments need to actively and proactively cooperate closely, effectively utilizing existing files and materials to verify necessary contents and strictly applying recognition criteria and conditions to ensure accurate recognition. They must not cause inconvenience to the families of martyrs or require them to fill out declaration forms, obtain signatures for confirmation, etc.

Tran Thai

The commendation and award agencies, war invalids and social affairs agencies need to be proactive and closely coordinate to effectively utilize existing files and materials to review necessary contents and strictly apply the criteria and conditions for awards to ensure accurate recognition. They must not cause inconvenience to the families of烈士 (liệt sĩ) or require these families to submit application forms, request signatures for certification, etc...