Decree No. 54/2006/ND-CP guiding the implementation of certain provisions of the Ordinance on Preferential Treatment for Persons Contributing to the Revolution

DECREE

GUIDELINES FOR IMPLEMENTING CERTAIN PROVISIONS OF THE REGULATION ON PRIVILEGES FOR PERSONS WITH MERIT TO THE REVOLUTION

đãi người có công với cách mạng

___________

THE GOVERNMENT

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

Pursuant to Regulation on Privileges for Persons with Merit to the Revolution No. 26/2005/PL-UBTVQH11 dated June 29, 2005;

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

DECREE

PART I

CONDITIONS, STANDARDS AND PRIVILEGE REGIMES FOR PERSONS WITH MERIT TO THE REVOLUTION AND THEIR RELATIVES

Section 1

| PERSONS ENGAGED IN THE REVOLUTION PRIOR TO JANUARY 1, 1945

Article 1. The privilege regime for persons engaged in the revolution prior to January 1, 1945 includes:

1. Monthly allowance and monthly subsidy from the date of decision recognizing their status.

2. Being provided with daily People's Newspaper subscriptions and appropriate cultural activities based on local conditions.

3. When a person engaged in the revolution dies, the person organizing the funeral receives funeral expenses; relatives of the person engaged in the revolution are entitled to:

a) A one-time allowance equal to three months' worth of allowance and subsidy that the person engaged in the revolution received before death.

b) Father, mother, wife or husband; children under eighteen years old or over eighteen years old if still continuing education; children with severe disabilities since childhood, when the period of receiving assistance has ended but they still have a reduced ability to work of sixty-one percent or more, shall be entitled to a monthly pension allowance.

c) Father, mother, wife or husband living alone without support; orphaned children under eighteen years old or over eighteen years old if still continuing education; orphaned children with severe disabilities since childhood, when the period of receiving assistance has ended but they still have a reduced ability to work of sixty-one percent or more, shall be entitled to a monthly maintenance allowance.

Section 2

| PERSONS ENGAGED IN THE REVOLUTION FROM JANUARY 1, 1945 TO BEFORE THE AUGUST 19 REVOLUTION IN 1945

Article 2. The privilege regime for persons engaged in the revolution from January 1, 1945 to before the August 19 Revolution in 1945 includes:

1. Monthly allowance from the date of decision recognizing their status.

2. Being provided with daily People's Newspaper subscriptions and appropriate cultural activities based on local conditions.

3. When a person engaged in the revolution dies, the person organizing the funeral receives funeral expenses; relatives of the person engaged in the revolution are entitled to:

a) A one-time allowance equal to three months' worth of allowance that the person engaged in the revolution received before death.

b) Father, mother, wife or husband; children under eighteen years old or over eighteen years old if still continuing education; children with severe disabilities since childhood, when the period of receiving assistance has ended but they still have a reduced ability to work of sixty-one percent or more, shall be entitled to a monthly pension allowance.

c) Father, mother, wife or husband living alone without support; orphaned children under eighteen years old or over eighteen years old if still continuing education; orphaned children with severe disabilities since childhood, when the period of receiving assistance has ended but they still have a reduced ability to work of sixty-one percent or more, shall be entitled to a monthly maintenance allowance.

Section 3

| MARTYRS AND RELATIVES OF MARTYRS

Article 3. Martyrs defined in points a, d, đ, g, and h Clause 1 Article 11 of the Regulation on Privileges for Persons with Merit to the Revolution (hereinafter referred to as the Regulation) are those who sacrificed themselves in one of the following circumstances:

1. Fighting, suppressing bandits, eliminating traitors, suppressing counter-revolutionaries, hunting spies, special agents.

Directly serving combat: loading ammunition, medical aid, transporting wounded, ensuring transportation communication, supplying food, protecting goods when enemy bombardment occurs.

2. Assigned by an organization to perform international duties and died while performing such duties or were injured, fell ill and had to be repatriated for treatment but could not be saved.

In cases where death was caused by self-inflicted actions or violation of laws, regulations of the agency or unit, or during study, sightseeing, tourism, recuperation, medical treatment, friendly visits, economic, scientific, technical, cultural, educational, labor contracts, they do not fall within the scope of consideration for recognition as martyrs.

3. Courageously struggling against or preventing acts endangering society as criminal offenses stipulated in the Penal Code.

4. Courageously performing urgent, dangerous tasks serving national defense and security; courageously rescuing people and property of the State and the people.

5. Due to illness or accidents while performing national defense and security duties in areas with particularly difficult socio-economic conditions; when performing the task of collecting remains of martyrs in mountainous, island regions and abroad.

6. War invalids, persons enjoying policies similar to war invalids who died due to recurrence of wounds in the following cases:

- Reduced ability to work of eighty-one percent or more died due to recurrence of wounds.

- Reduced ability to work of twenty-one percent to eighty percent died while being treated for recurrence of wounds at provincial-level hospitals or higher.

Article 4.

1. Agencies, organizations, units, local authorities having personnel who died organize memorial services, funerals, and prepare files to propose recognition as martyrs.

2. If martyrs leave personal belongings or private assets, agencies, organizations, units, local authorities having personnel who died prepare records directly handed over to the relatives of the martyrs.

3. Chairmen of Provincial People's Committees, municipal people's committees directly under the Central Government, heads of Ministries, central agencies check the files and procedures for recognizing martyrs and submit them to the Prime Minister for issuance of the "National Commendation" Certificate.

Article 5. Relatives of martyrs entitled to receive privileges include:

1. Father, mother of the martyr.

2. Wife or husband of the martyr who has a legally recognized marital relationship or de facto marriage recognized by law.

In cases where the wife or husband of the martyr remarried but raised the martyr's child to adulthood or cared for the martyr's parents while alive and this was recognized by the People's Committee of the commune, they are entitled to a monthly pension allowance.

3. Children of the martyr including biological children, legally adopted children, and children born out of wedlock as prescribed by law.

4. Persons who have actually nurtured the martyr when under sixteen years old, treating them like biological children, for a period of ten years or more.

Article 6. Privilege regimes for relatives of martyrs include:

1. Monthly pension allowance from the date the martyr is recognized by the Prime Minister and awarded the "National Commendation" Certificate.

a) Father, mother, wife or husband of the martyr; persons who have nurtured the martyr; children of the martyr under eighteen years old or over eighteen years old if still continuing education; children of the martyr with severe illnesses or disabilities since childhood, when the period of receiving assistance has ended but they still have a reduced ability to work of sixty-one percent or more, shall be entitled to a monthly pension allowance.

b) Father, mother, wife or husband of the martyr, persons who have nurtured the martyr living alone without support; relatives of two or more martyrs; orphaned children of the martyr under eighteen years old or over eighteen years old if still continuing education; orphaned children of the martyr with severe illnesses or disabilities since childhood, when the period of receiving maintenance assistance has ended but they still have a reduced ability to work of sixty-one percent or more, shall be entitled to a monthly maintenance allowance.

2. A one-time pension allowance upon death.

In cases where there are no relatives or the relatives specified in Article 5 of this Decree for martyrs, one of the heirs as prescribed by law who holds the "National Memorial" certificate shall be entitled to a one-time pension allowance upon death.

3. When a relative of a martyr who is receiving a monthly pension allowance or a monthly maintenance allowance dies, the person organizing the funeral shall receive funeral expenses; the representative heir as prescribed by law of the relative of the martyr shall be entitled to a one-time allowance equal to three months of the monthly pension allowance or three months of the monthly maintenance allowance that the relative of the martyr received before death.

In cases where a relative of a martyr participates in Social Insurance and dies, the funeral expenses and pension benefits shall be implemented according to the provisions of the Law on Social Insurance.

Section 4

 MOTHER HEROES OF VIETNAM

Article 7. The preferential treatment system for Mother Heroes of Vietnam includes:

1. Monthly maintenance allowance.

2. Monthly supplementary allowance.

3. When a Mother Hero of Vietnam dies, the person organizing the funeral shall receive funeral expenses; the relatives shall be entitled to a one-time allowance equal to three months of the maintenance allowance and supplementary allowance that the Mother Hero of Vietnam received before death.

Article 8. In cases where a person is posthumously awarded the title of Mother Hero of Vietnam, the relatives or the legal heirs shall be entitled to a one-time allowance.

Section 5

 HEROES OF THE PEOPLE'S ARMED FORCES, LABOR HEROES IN THE RESISTANCE WAR

Article 9. The preferential treatment system for Heroes of the People's Armed Forces, Labor Heroes in the Resistance War includes:

1. Monthly allowance.

2. When Heroes of the People's Armed Forces, Labor Heroes die, the person organizing the funeral shall receive funeral expenses; the relatives shall be entitled to a one-time allowance equal to three months of the allowance that the Heroes of the People's Armed Forces, Labor Heroes received before death.

Article 10.

1. Heroes of the People's Armed Forces, Labor Heroes in the Resistance War who died before January 1, 1995, their relatives or legal heirs shall be entitled to a one-time allowance.

2. In cases where a person is posthumously awarded the title of Hero of the People's Armed Forces, Labor Hero in the Resistance War, the relatives or legal heirs shall be entitled to a one-time allowance.

Chapter 6

WOUNDED VETERANS, PERSONS ENJOYING POLICY AS WOUNDED VETERANS, CLASS B WOUNDED VETERANS

Article 11. Wounded veterans, persons enjoying policy as wounded veterans as stipulated in Clause 1 and Clause 2 of Article 19 of the Ordinance (hereinafter referred to collectively as wounded veterans) are those who were injured due to one of the following circumstances:

1. Fighting, suppressing bandits, eliminating traitors, suppressing counter-revolutionaries, hunting spies, special agents.

Directly serving combat: loading ammunition, medical rescue, transporting the wounded, ensuring traffic communication, supplying food, repairing warehouses, protecting goods when the enemy bombards.

2. Engaging in revolutionary activities or resistance against the enemy, being captured, tortured, imprisoned but not yielding; firmly struggling or implementing the policy of escaping from prison.

3. Being assigned by an organization to perform international duties and being injured while performing the mission.

In cases where injuries are caused by self-inflicted actions or violations of laws, regulations of agencies or units, or during study, sightseeing, tourism, recuperation, medical treatment, friendly visits, working under economic, scientific, technical, cultural, educational, labor contracts, such cases do not fall within the scope of consideration for recognition as wounded veterans.

4. Courageously fighting against or preventing acts endangering society as defined as crimes in the Penal Code.

5. Courageously performing urgent, dangerous tasks serving national defense and security; courageously rescuing people and property of the State and the people.

6. Suffering accidents while performing national defense and security duties in areas with extremely difficult socio-economic conditions; when performing the task of collecting remains of martyrs in mountainous, island regions and abroad.

Article 12. Wounded veterans who are assessed to have temporary disability at 21% or higher, after three years will be reassessed to determine the permanent disability rate.

Wounded veterans who have been assessed for disability and then suffer further injury due to one of the circumstances stipulated in Article 11 of this Decree shall be subject to additional assessment.

Article 13.

1. Wounded veterans are entitled to a monthly disability allowance from the date the Provincial Medical Examination Board, Ministry of National Defense, Ministry of Public Security, Ministry of Transport (collectively referred to as the Medical Examination Board) concludes that their work capacity has been reduced by 21% or more due to disability.

2. Persons who are injured and assessed by the Medical Examination Board to have a reduction in work capacity due to disability between 5% and 20% are entitled to a one-time allowance.

Article 14.

1. Wounded veterans whose work capacity has been reduced by 81% or more due to disability are entitled to a monthly supplementary allowance.

In cases of severe injuries: amputation of two limbs or more; blindness in both eyes; severe mental illness unable to live independently; paralysis of two limbs or more or other special disabilities, are entitled to a special monthly supplementary allowance.

2. Wounded veterans whose work capacity has been reduced by 81% or more due to disability living in a family have a caregiver. The caregiver is entitled to a monthly allowance.

Article 15.

1. When a wounded veteran dies, the person organizing the funeral shall receive funeral expenses; the relatives shall be entitled to a one-time allowance equal to three months of the allowance and supplementary allowance that the wounded veteran received before death.

2. Wounded veterans whose work capacity has been reduced by 61% or more due to disability and who die shall have their relatives entitled to a pension allowance as follows:

a) Parents, spouse of the wounded veteran when they reach the age of 60 or older for males, 55 or older for females; children of the wounded veteran under 18 years old or over 18 years old if still continuing education; children of the wounded veteran severely disabled since childhood, when the period of allowance ends and still have a reduction in work capacity of 61% or more shall be entitled to a monthly pension allowance.

b) Parents, spouse of the wounded veteran when they reach the age of 60 or older for males, 55 or older for females, living alone without support; children of the wounded veteran under 18 years old or over 18 years old if still continuing education; children of the wounded veteran severely disabled since childhood, when the period of allowance ends and still have a reduction in work capacity of 61% or more shall be entitled to a monthly maintenance allowance.

Article 16. The preferential treatment system for Class B wounded veterans as stipulated in Clause 3 of Article 19 of the Ordinance includes:

1. Monthly disability allowance shall be calculated based on the degree of reduction in work capacity of each individual.

2. Other preferential policies shall be implemented as for war invalids with the same percentage of reduction in work capacity as stipulated in this Decree.

Section 7

WAR VETERANS

Article 17. War veterans as defined in Clause 1, Article 23 of the Ordinance are military personnel and public security officers suffering from diseases falling under any of the following circumstances:

1. Engaging in combat, suppressing bandits, eliminating traitors, suppressing counter-revolutionary activities, pursuing spies, special forces, and criminals.

Directly serving combat: loading ammunition, medical rescue, transporting the wounded, ensuring traffic communication, supplying food, repairing warehouses, protecting goods when the enemy bombards.

While performing duties to collect remains of martyrs in mountainous areas, islands, and abroad, or within one year after discharge, if the old disease recurs and requires hospitalization.

2. Working for at least three years in areas with extremely difficult economic and social conditions.

3. Working less than three years in areas with extremely difficult economic and social conditions but having served at least ten years in the People's Army or Public Security Force.

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

5. During the period assigned by the organization to perform international duty.

6. Bravely performing urgent and dangerous tasks serving national defense and security.

7. Suffering from a disease due to one of the circumstances specified in Clauses 1, 2, 3, 4, 5, and 6 of this Article, after discharge but within less than three years, if the old disease recurs leading to mental illness.

Article 18.

1. War veterans shall receive allowances from the date when the Medical Appraisal Board concludes that their work capacity has been reduced by 61% or more.

2. War veterans shall receive monthly allowances based on the degree of reduction in work capacity of each individual.

Article 19.

1. War veterans whose work capacity has been reduced by 81% or more due to illness shall receive additional monthly allowances.

2. War veterans whose work capacity has been reduced by 81% or more due to illness and who suffer from serious illnesses such as amputation of two limbs or more; blindness in both eyes; severe mental illness unable to live independently; paralysis of two limbs or more, or other particularly serious health conditions, shall receive special monthly allowances.

3. War veterans whose work capacity has been reduced by 81% or more due to illness living in a family where there is a caregiver. The caregiver shall receive monthly allowances.

Article 20.

1. When a war veteran dies, the person organizing the funeral shall receive funeral expenses; relatives of the war veteran shall receive a one-time allowance equal to three months of the allowance and additional allowance that the war veteran received before death.

2. If a war veteran whose work capacity has been reduced by 61% or more due to illness dies, relatives shall receive a pension as follows:

a) Father, mother, husband, or wife of the war veteran reaching the age of 60 or older for males, 55 or older for females; children of the war veteran under 18 years old or over 18 years old if still continuing education; children of the war veteran severely disabled since childhood, after the expiration of the allowance period, still have a reduction in work capacity of 61% or more, shall receive monthly pension.

b) Father, mother, husband, or wife of the war veteran reaching the age of 60 or older for males, 55 or older for females, living alone without support; children of the war veteran under 18 years old or over 18 years old if still continuing education; children of the war veteran orphaned and severely disabled since childhood, after the expiration of the allowance period, still have a reduction in work capacity of 61% or more, shall receive monthly maintenance allowance.

Article 21. Preferential policies for war veterans whose work capacity has been reduced by 41% to 60% include:

1. Monthly allowances based on the degree of reduction in work capacity.

2. When a war veteran dies, the person organizing the funeral shall receive funeral expenses; relatives of the war veteran shall receive a one-time allowance equal to three months of the allowance that the war veteran received before death.

Section 8

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

Article 22.

1. Persons engaged in the resistance war who have been exposed to chemical weapons as defined in Clause 1, Article 26 of the Ordinance include:

a) Cadres, soldiers, professional military personnel, and defense industry workers belonging to the Vietnam People's Army.

b) Cadres, soldiers, and workers belonging to the Public Security Force.

c) Cadres, workers, and officials in state agencies, political organizations, political-social organizations, and other political-social organizations.

d) Concentrated Youth Volunteers.

đ) Civilian Workers.

e) Village, ward, commune, and town public security officers, militia, self-defense forces, village, and ward cadres.

2. Conditions for receiving preferential policies for persons engaged in the resistance war who have been exposed to chemical weapons:

- Having worked, fought, or served in combat from August 1961 to April 30, 1975, in areas where the US military used chemical weapons.

- Suffering from diseases causing a reduction in work capacity, deformed or disabled offspring, or infertility as a result of chemical weapons.

In cases where there is no spouse or the person had children before participating in the resistance war and suffers from a reduction in work capacity of 61% or more due to the consequences of chemical weapons.

Article 23. Preferential policies for persons engaged in the resistance war who have been exposed to chemical weapons include:

1. Monthly allowances according to the degree of reduction in work capacity from the date the Director of the Department of Labor, Invalids, and Social Affairs signs the decision.

2. Those currently receiving war invalid, veteran, or labor disability benefits and meet the conditions stipulated in Clause 2, Article 22 of this Decree shall also receive the monthly allowance.

3. When a person engaged in the resistance war who has been exposed to chemical weapons dies, the person organizing the funeral shall receive funeral expenses; relatives shall receive a one-time allowance equal to three months of the allowance that the person engaged in the resistance war who has been exposed to chemical weapons received before death.

Article 24. Offspring of persons engaged in the resistance war who have been exposed to chemical weapons shall receive preferential policies if they fall under any of the following circumstances:

1. Being severely deformed or disabled, unable to live independently.

2. Being deformed or disabled, reducing their ability to live independently.

Article 25. Preferential policies for offspring of persons engaged in the resistance war who have been exposed to chemical weapons include:

1. Monthly allowances from the date the Director of the Department of Labor, Invalids, and Social Affairs signs the decision.

2. When offspring of persons engaged in the resistance war who have been exposed to chemical weapons die, the person organizing the funeral shall receive funeral expenses; relatives shall receive a one-time allowance equal to three months of the allowance that the offspring of persons engaged in the resistance war who have been exposed to chemical weapons received before death.

Section 9

PERSONS ENGAGED IN REVOLUTIONARY ACTIVITIES OR RESISTANCE AGAINST ENEMY CAPTURE AND EXILE

Article 26. The preferential treatment for persons engaged in revolutionary activities or resistance against enemy capture and exile includes:

1. Being awarded a Commemorative Medal.

2. A one-time allowance.

3. When a person engaged in revolutionary activities or resistance against enemy capture and exile dies, the person organizing the funeral receives funeral expenses.

Section 10

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

Article 27. Persons engaged in national resistance for liberation, defense of the country, and international duties as stipulated in Article 30 of the Ordinance are those who participated in the resistance during the period from August 19, 1945 to April 30, 1975 and were awarded the Resistance Medal or Victory Medal, or the Resistance Badge or Victory Badge by the State.

Article 28. The preferential treatment for persons engaged in national resistance for liberation, defense of the country, and international duties includes:

1. A one-time allowance.

2. When a person engaged in national resistance dies, the person organizing the funeral receives funeral expenses.

Section 11

PERSONS WITH MERIT IN ASSISTING THE REVOLUTION

Article 29.

1. Persons with merit in assisting the revolution are those who have been awarded the Commemorative Medal "The Nation Records Merit" or the Certificate "With Merit for the Country"; those who have been awarded the Resistance Medal or the Resistance Badge; members of families who have been awarded the Commemorative Medal "The Nation Records Merit" or the Certificate "With Merit for the Country" before the August Revolution in 1945, and members of families who have been awarded the Resistance Medal or the Resistance Badge and meet the conditions to be recognized as persons with merit in assisting the revolution according to the laws on commendation and reward.

2. The preferential treatment for persons with merit in assisting the revolution includes:

a) Persons with merit in assisting the revolution as stipulated in Clause 1 and Clause 2 of Article 32 of the Ordinance; those who have been awarded the Resistance Medal as stipulated in Clause 3 and Clause 4 of Article 32 of the Ordinance shall enjoy:

- Monthly allowance.

- Monthly allowance for maintenance of persons with merit in assisting the revolution living alone without support.

The time of enjoyment of allowances starts from the date the Director of the Department of Labor, Invalids and Social Affairs signs the decision.

When a person with merit in assisting the revolution dies, the person organizing the funeral receives funeral expenses; relatives shall enjoy a one-time allowance equal to three months' allowance that the person with merit received before death.

b) Persons with merit in assisting the revolution who have been awarded the Resistance Badge as stipulated in Clause 3 and Clause 4 of Article 32 of the Ordinance shall enjoy:

- A one-time allowance.

- When a person with merit in assisting the revolution dies, the person organizing the funeral receives funeral expenses.

Chapter II

SOME OTHER PREFERENTIAL TREATMENTS

Article 30. Health Care

1. Persons with merit for the revolution as stipulated in Clause 1 of Article 2 of the Ordinance, if not required to participate in mandatory health insurance, shall be issued a health insurance card.

2. Fathers, mothers, wives, or husbands of martyrs; persons nurturing martyrs and children of martyrs receiving monthly allowances; children born of persons engaged in resistance against enemy capture and exile infected with chemical agents; children of war invalids and disease invalids with a reduction in work capacity of 81% or more who are under eighteen years old or over eighteen years old if they continue their studies or suffer from serious illness or disability since childhood and still have a reduction in work capacity of 61% or more after the expiration of health insurance coverage; persons serving war invalids and disease invalids with a reduction in work capacity of 81% or more who are being cared for at home, if not required to participate in mandatory health insurance, shall be issued a health insurance card.

3. War invalids, type B war invalids, and disease invalids when treated for recurrent injuries or illnesses at medical facilities covered by health insurance shall have all costs paid by the Health Insurance Fund.

4. Persons with merit for the revolution currently being nurtured at facilities of the Labor, Invalids, and Social Affairs sector shall enjoy annual medical treatment benefits.

5. Persons with merit for the revolution living at home shall enjoy annual convalescence benefits, including:

a) Persons engaged in revolutionary activities before January 1, 1945.

b) Persons engaged in revolutionary activities from January 1, 1945 to before the August 19 Revolution in 1945.

c) Mothers of Vietnam's Heroes.

d) War invalids, type B war invalids, and disease invalids with a reduction in work capacity due to injury or illness of 81% or more.

đ) Persons with merit in assisting the revolution who have been awarded the Commemorative Medal "The Nation Records Merit" or the Certificate "With Merit for the Country" by the State.

6. Persons with merit for the revolution outside the categories specified in Clause 5 of this Article and relatives of martyrs receiving monthly allowances, and persons engaged in revolutionary activities or resistance against enemy capture and exile shall undergo convalescence every five years.

7. Persons with merit for the revolution and their relatives as stipulated by the Ordinance shall enjoy rehabilitation benefits for labor functions, receive assistive devices, and orthopedic equipment.

Article 31. Education and Training

1. Students who are children of persons with meritorious service to the revolution as prescribed by the Ordinance shall be entitled to:

a) Exemption from tuition fees as stipulated by the State.

b) A one-time annual grant to support the purchase of textbooks, notebooks, and study materials.

2. Students and trainees who are persons with meritorious service to the revolution and their children as prescribed by the Ordinance, when studying for one year or more at training institutions, vocational schools, universities, colleges, preparatory universities, and boarding secondary schools for ethnic minorities, shall be entitled to:

a) Exemption from tuition fees as stipulated by the State.

b) Students and trainees not receiving salaries shall be entitled to:

- A one-time annual grant to support the purchase of textbooks, notebooks, and study materials.

- Monthly allowance.

Chapter III

HANDLING VIOLATIONS

Article 32.

1. For individuals who forge documents to fraudulently obtain preferential treatment for persons with meritorious service to the revolution as provided in Clause 1, Article 43 of the Ordinance, or who forge documents to fraudulently obtain preferential treatment for relatives of persons with meritorious service to the revolution, the Chairman of the People's Committee of the province or centrally governed city shall issue a decision to suspend preferential treatment and compel repayment of all preferential treatments already received. Depending on the nature and severity of the violation, competent authorities with jurisdiction may issue decisions to impose administrative penalties or pursue criminal responsibility.

2. For individuals who falsely declare documents to fraudulently obtain additional preferential treatments as provided in Clause 2, Article 43 of the Ordinance, the Chairman of the People's Committee of the province or centrally governed city shall issue a decision to temporarily suspend preferential treatments and compel repayment of all preferential treatments already received due to false declarations. Depending on the nature and severity of the violation, competent authorities with jurisdiction may issue decisions to impose administrative penalties, pursue criminal responsibility, or consider restoring preferential treatments.

3. Individuals who certify false information shall be subject to administrative penalties.

4. Individuals who forge documents for others to fraudulently obtain preferential treatments for persons with meritorious service or their relatives shall be pursued for criminal responsibility.

5. Individuals who abuse their positions and powers or fail to fulfill their responsibilities causing damage to the interests of the State and the rights of persons with meritorious service as provided in Clause 3, Article 43 of the Ordinance shall be subject to disciplinary action, administrative violations, or be recommended for criminal responsibility depending on the nature and severity of the violation.

Article 33.

1. Persons with meritorious service to the revolution currently enjoying preferential treatments who commit crimes as provided in Clause 1, Article 44 of the Ordinance, the Chairman of the People's Committee of the province or centrally governed city shall base their decision to temporarily suspend preferential treatments for the offender and their relatives on the effective judgment of the Court.

2. Relatives of persons with meritorious service to the revolution currently enjoying preferential treatments who commit crimes as provided in Clause 1, Article 44 of the Ordinance, the Chairman of the People's Committee of the province or centrally governed city shall base their decision to suspend preferential treatments on the effective judgment of the Court.

3. The Chairman of the People's Committee of the province or centrally governed city shall base their decision to continue preferential treatments for persons with meritorious service to the revolution for the subjects specified in Clauses 1 and 2 of this Article on the completion of serving prison sentences.

Article 34. Persons with meritorious service to the revolution who commit crimes endangering national security or other crimes punishable by life imprisonment as provided in Clause 2, Article 44 of the Ordinance, after the judgment of the Court becomes legally effective, the Chairman of the People's Committee of the province or centrally governed city shall issue a decision to permanently suspend preferential treatments for the person with meritorious service to the revolution and their relatives.

Article 35. Persons with meritorious service to the revolution or their relatives currently enjoying preferential treatments who illegally leave the country as provided in Clause 3, Article 44 of the Ordinance or go missing as provided in Clause 4, Article 44 of the Ordinance, the Chairman of the People's Committee of the province or centrally governed city shall issue a decision to temporarily suspend preferential treatments from the date of leaving the country or the date of going missing according to the Court's decision.

Chapter IV

IMPLEMENTING PROVISIONS

Article 36.

1. The preferential regimes for persons who have rendered meritorious service to the revolution and their dependents as prescribed in this Decree shall be applied from October 1, 2005.

The levels of allowances and supplements prescribed in this Decree shall be implemented according to Decree No. 147/2005/NĐ-CP dated November 30, 2005 of the Government on the levels of allowances and supplements for persons who have rendered meritorious service to the revolution and shall be amended in accordance with the provisions of the Government.

2. Persons who have rendered meritorious service to the revolution and their dependents who were enjoying preferential regimes before September 30, 2005 shall transfer to enjoy the preferential regimes prescribed in the Ordinance on Preferential Treatment for Persons Who Have Rendered Meritorious Service to the Revolution and this Decree from October 1, 2005.

3. In cases where individuals died or were injured before September 30, 2005 due to one of the circumstances stipulated in Article 3 and Article 11 of this Decree but have not been recognized as martyrs or wounded soldiers, the Ministry of Labor - Invalids and Social Affairs shall guide the procedures and documents for recognition and resolution of preferential regimes.

4. Continue to review and recognize as revolutionary activists from January 1, 1945 to before the August 19 Revolution 1945, wounded soldiers, martyrs, revolutionary activists, anti-war activists captured by the enemy, and those detained with completed files prior to the effective date of this Decree and ending before September 30, 2006.

For incomplete files or newly established files, new guidelines shall be followed.

5. The resolution of the worship system for martyrs; re-examination of disabilities for wounded soldiers shall only resolve cases with completed files prior to the effective date of this Decree and ending before September 30, 2006.

Article 37.

1. The Ministry of Labor - Invalids and Social Affairs shall guide the implementation of conditions, standards, preferential regimes, and regulations regarding file documentation, procedures, authority for recognition and retention of files; inspection and supervision of compliance with policies for persons who have rendered meritorious service to the revolution and their dependents.

2. Entrust the Ministry of Labor - Invalids and Social Affairs to take the lead, coordinate with the Ministry of Defense and the Ministry of Public Security to specifically determine areas with particularly difficult socio-economic conditions to consider and recognize martyrs, wounded soldiers, disabled veterans for cases of illness or accidents while performing national defense and security duties.

3. Ministries, sectors, People's Committees of provinces and centrally governed cities within their jurisdiction shall be responsible for guiding, directing, organizing implementation; inspecting and supervising preferential regimes for persons who have rendered meritorious service to the revolution and their dependents as prescribed in this Decree.

4. The Ministry of Labor - Invalids and Social Affairs, the Ministry of Defense, and the Ministry of Public Security shall be responsible for preparing annual budget estimates, coordinating with the Ministry of Planning and Investment and the Ministry of Finance to submit to the Prime Minister for approval and organization of implementation of preferential regimes prescribed in this Decree for persons who have rendered meritorious service to the revolution and their dependents under their management scope.

Article 38. This Decree shall take effect fifteen days after its publication in the Official Gazette.

This Decree replaces Decree No. 28/CP dated April 29, 1995 of the Government detailing and guiding the implementation of certain provisions of the Ordinance on Preferential Treatment for Revolutionary Activists, Martyrs, and Families of Martyrs, Wounded Soldiers, Disabled Veterans, Anti-War Activists, and Those Who Have Rendered Assistance to the Revolution (except Articles 12, 15, 16, 17, and 18 of the Decree); Decree No. 47/2000/NĐ-CP dated September 12, 2000 of the Government detailing the implementation of Ordinance No. 19/2000/PL-UBTVQH10 dated February 14, 2000 amending Article 21 of the Ordinance on Preferential Treatment for Revolutionary Activists, Martyrs, and Families of Martyrs, Wounded Soldiers, Disabled Veterans, Anti-War Activists, and Those Who Have Rendered Assistance to the Revolution; Decree No. 59/2003/NĐ-CP dated June 4, 2003 of the Government prescribing one-time allowance regimes for dependents of persons who have rendered meritorious service to the revolution who died before January 1, 1995; Decree No. 69/2003/NĐ-CP dated June 13, 2003 of the Government detailing and guiding the implementation of Ordinance No. 01/2002/PL-UBTVQH11 dated October 4, 2002 amending Article 22 and Article 23 of the Ordinance on Preferential Treatment for Revolutionary Activists, Martyrs, and Families of Martyrs, Wounded Soldiers, Disabled Veterans, Anti-War Activists, and Those Who Have Rendered Assistance to the Revolution; Decree No. 210/2004/NĐ-CP dated December 20, 2004 of the Government on the allowance and supplement preferential regimes for persons who have rendered meritorious service to the revolution; Decision No. 120/2004/QĐ-TTg dated July 5, 2004 of the Prime Minister on some regimes for those participating in the resistance war and their children affected by chemical toxins used by the United States in the Vietnam War.

Article 39. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.