Decree No. 47/2000/NĐ-CP details the one-time allowance for persons engaged in the resistance war, payment procedures, eligibility conditions, allowance amounts, and responsibilities of managing agencies. This Decree takes effect from the date of issuance.
적용 범위
Persons engaged in the resistance war shall receive allowances based on their years of participation in the resistance war, including those who have not yet or are currently receiving monthly allowances.
핵심 사항
- Persons engaged in the resistance war shall be entitled to a one-time allowance if they have been awarded for their achievements in the resistance war with Orders of Merit, Victory Medals, or Resistance War Orders (or both).
- Years of participation in the resistance war are calculated from August 19, 1945 to April 30, 1975. In cases where there are remaining months after calculating the years, six months or more will be counted as one year, less than six months will be counted as half a year.
- The amount of the one-time allowance for each year of participation in the resistance war is 120,000 VND.
- One-time allowances for persons not yet receiving resistance war allowances will be paid from the effective date of this Decree, and for those currently receiving monthly allowances who switch to the one-time allowance system starting from 2001.
- Those not receiving salaries, pensions, or long-term disability allowances upon death shall be supported with funeral expenses according to the provisions of the law.
🌐 이 문서의 사회적 영향
- Positive impact: Persons engaged in the resistance war will receive recognition and material support.
- Negative impact: It may impose financial burdens on local budgets when providing funeral expenses for families of beneficiaries who are in poverty.
❓ 자주 묻는 질문
How do persons engaged in the resistance war receive a one-time allowance?
Persons engaged in the resistance war who have been awarded for their achievements in the resistance war with Orders of Merit, Victory Medals, or Resistance War Orders (or both) will receive a one-time allowance based on their years of participation in the resistance war.
What is the amount of the one-time allowance?
The amount of the one-time allowance for each year of participation in the resistance war is 120,000 VND.
How is the duration of participation in the resistance war calculated?
The duration of participation in the resistance war is calculated from August 19, 1945 to April 30, 1975, with the condition that six months or more will be counted as one year, less than six months will be counted as half a year.
How is the one-time allowance for the resistance war paid out?
The one-time allowance for the resistance war will be paid to persons not yet receiving resistance war allowances from the effective date of this Decree, and to those currently receiving monthly allowances who switch to the one-time allowance system starting from 2001.
How are individuals not receiving salaries, pensions, or long-term disability allowances upon death supported?
Individuals not receiving salaries, pensions, or long-term disability allowances upon death will be supported with funeral expenses according to the provisions of the law.
전문
DECREE OF THE GOVERNMENT
Regulations to implement Decree No. 19/2000/PL-UBTVQH10
dated February 14, 2000, amending Article 21 of the Ordinance on Preferential Treatment for Revolutionaries, Martyrs, and Families of Martyrs, War Invalids, Veterans, and Those Who Contributed to the Revolution
revolutionary activists,烈士及其家属，残疾军人，退伍军人，
anti-war activists, those who have contributed to the revolution
THE GOVERNMENT
Pursuant to the Government Organization Law dated September 30, 1992;
Based on the Ordinance dated August 29, 1994, issued by the Standing Committee of the National Assembly regarding Preferential Treatment for Revolutionaries, Martyrs, and Families of Martyrs, War Invalids, Veterans, and Those Who Contributed to the Revolution; Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).The Resolution of the Standing Committee of the National Assembly on Preferential Treatment for Revolutionary Activists, Martyrs and Their Families, Disabled Veterans, Retired Soldiers, Anti-War Activists, and Those Who Have Contributed to the Revolution;
Based on Decree No. 19/2000/PL-UBTVQH10 dated February 14, 2000, issued by the Standing Committee of the National Assembly regarding the amendment of Article 21 of the Ordinance on Preferential Treatment for Revolutionaries, Martyrs, and Families of Martyrs, War Invalids, Veterans, and Those Who Contributed to the Revolution; Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).The Resolution of the Standing Committee of the National Assembly to Amend Article 21 of the Ordinance on Preferential Treatment for Revolutionary Activists, Martyrs and Their Families, Disabled Veterans, Retired Soldiers, Anti-War Activists, and Those Who Have Contributed to the Revolution;
At the proposal of the Minister of Labor, Invalids and Social Affairs,
DECREE:
Article 1.Persons participating in the resistance war who are recognized by the State with awards for their achievements in the resistance war through the forms of Orders, Victory Medals, or Resistance Orders (or both if applicable) shall be entitled to a one-time allowance based on their years of participation in the resistance war as stipulated in Article 1 of Decree No. 19/2000/PL-UBTVQH10 dated February 14, 2000.
1. Persons who have not yet received a one-time allowance for participation in the resistance war and are alive or deceased after January 1, 1995.
2. Persons currently receiving a monthly allowance for participation in the resistance war.
For persons who have not yet received a one-time allowance for participation in the resistance war and died after January 1, 1995, their families shall be entitled to receive the one-time allowance.
Article 2.
1. Years of participation in the resistance war are calculated from August 19, 1945 to April 30, 1975. If there are remaining months after calculating the years, six months or more will be counted as one year, and less than six months will be counted as half a year.
2. For those currently receiving a monthly allowance who switch to a one-time allowance, the years of participation in the resistance war for the calculation of the one-time allowance are determined by subtracting the number of years already receiving a monthly allowance from the actual years of participation in the resistance war.
In cases where the number of years already receiving a monthly allowance exceeds the actual years of participation in the resistance war, no refund of the amount already received will be made.
Article 3. The allowance rate for each year of participation in the resistance war is VND 120,000.
Article 4.The payment of the one-time allowance for participation in the resistance war for the subjects specified in Article 1 of this Decree shall follow the following procedures:
1. Payment of the one-time allowance for participation in the resistance war shall begin on the date this Decree takes effect for subjects specified in Article 1 who have not yet received a one-time allowance.
2. Payment of the one-time allowance for participation in the resistance war shall start from January 1, 2001, for those currently receiving a monthly allowance who switch to a one-time allowance.
During the period from the effective date of this Decree to December 31, 2000, the subjects specified in Clause 2 of this Article shall continue to receive a monthly allowance.
Article 5. For the subjects specified in Article 1 of this Decree who do not receive a salary, pension, or long-term disability allowance, upon death, funeral expenses shall be handled according to the following regulations:
1. If they are alone without support, funeral arrangements and costs shall be carried out according to current laws.
2. If the family of the subject belongs to a poor household, they shall be supported with funeral expenses from the local government budget where the subject resides.
Article 6.
1. The Ministry of Labor, Invalids, and Social Affairs shall take the lead, coordinating with relevant ministries and sectors to guide and supervise the implementation of this Decree.
2. The Ministry of Defense and the Ministry of Public Security shall guide the implementation of this Decree for the subjects specified in Article 1 under their management after reaching an agreement with the Ministry of Labor, Invalids, and Social Affairs and the Ministry of Finance.
3. The Ministry of Finance shall take the lead, coordinating with relevant ministries to develop a budget proposal for submission to the competent authority to implement the payment of the one-time allowance for participation in the resistance war as stipulated in Article 4 of this Decree.
4. The State Agency for Awards and Honors shall be responsible for guiding the completion of the awarding of Orders and Medals for achievements in the resistance war within the year 2000 and supervising related award activities in accordance with this Decree.
Article 7.
1.This Decree shall take effect fifteen days from the date of signature.
2. Repeal Articles 57, 58, and Clause 1, 2 of Article 59 of Decree No. 28/CP dated April 29, 1995, and Decree No. 66/1999/NĐ-CP dated August 7, 1999, issued by the Government.
Article 8. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).of the People's Committees of provinces and centrally-administered cities areresponsible for implementing this Decree./.
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