These provisions regulate the procedures for resolving preferential policies for meritorious individuals in the military, including resuming benefits, terminating and reissuing a one-time allowance upon death. The process is carried out through various management levels such as direct management agencies, political agencies of units under the Ministry, the Policy Department, and Departments of Labor, Invalids, and Social Affairs.
Scope of application
Meritorious individuals currently serving in the military or those who have been transferred out of the military.
Key points
- Procedures for resuming preferential policies for meritorious individuals.
- Procedures for terminating and reissuing a one-time allowance upon death for meritorious individuals.
- The role of management agencies in the process of resolving preferential policies for meritorious individuals.
- The timeframes for each step in the process are specifically defined to ensure prompt and accurate resolution.
- Requirements for necessary files and documents to implement these procedures.
🌐 Social impact of this document
- To help meritorious individuals clearly understand their rights.
- Ensuring transparent and effective resolution of preferential policies.
- Creating favorable conditions for dependents of meritorious individuals to receive monthly pension allowances and maintenance allowances.
❓ Frequently asked questions
What is the maximum time for the direct management agency to submit the file to the political agency of the unit under the Ministry?
Within three days from the date of receipt of all required documents.
What responsibilities does the Policy Department have in resolving preferential policies for meritorious individuals?
Reviewing files, issuing decisions to resume benefits for meritorious individuals, and transferring these decisions to the proposing agency for implementation.
Full text
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MINISTRY OF NATIONAL DEFENSE Number: 55/2022/TT-BQP |
SOCIALIST REPUBLIC OF VIET NAM Hanoi, July 27, 2022 |
CIRCULAR
Guidelines for recognizing and implementing preferential treatment for those who have contributed to the revolution under the responsibility of the Ministry of National Defense
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Based on Decree No. 164/2017/NĐ-CP dated December 30, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;
Pursuant to Decree No. 131/2021/NĐ-CP dated December 30, 2021 of the Government detailing and providing implementation measures for the Ordinance on preferential treatment for persons who have rendered meritorious service to the revolution; for the revolution;
At the proposal of the Director of the General Political Department;
The Minister of National Defense issues this Circular to provide guidelines for recognizing and implementing preferential treatment for those who have contributed to the revolution under the responsibility of the Ministry of National Defense.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Circular guides the procedures for recognizing and implementing preferential treatment for persons who have rendered meritorious service to the revolution under the responsibility of the Ministry of National Defense, as stipulated in Decree No. 131/2021/NĐ-CP dated December 30, 2021 of the Government detailing and providing implementation measures for the Ordinance on Preferential Treatment for Persons Who Have Rendered Meritorious Service to the Revolution (hereinafter referred to as the Decree).
Article 2. Applicability
1. Agencies, units, and individuals involved in recognizing and implementing preferential treatment for those who have contributed to the revolution under the responsibility of the Ministry of National Defense.
2. Officers, professional soldiers, non-commissioned officers, soldiers (hereinafter referred to as military personnel), defense civil servants, defense workers, and defense officials (hereinafter referred to as defense workers and officials), personnel engaged in confidential work, other personnel working in confidential organizations, and students in confidential training programs under the Government Confidential Organization Board (hereinafter referred to as personnel working in confidential organizations under the Government Confidential Organization Board) who are currently serving, working, or have been transferred out.
3. Those who have contributed to the revolution currently serving, working.
Article 3. Principles of Implementation
1. The recognition and implementation of preferential treatment for persons who have rendered meritorious service to the revolution under the responsibility of the Ministry of National Defense shall be uniformly carried out according to the分级任务如下:
the classification level specified in the Decree and guided by this Circular; heads of agencies and units shall sign and stamp relevant documents within their authority (without using two different ink colors, without erasing, without backdating signatures, and without signing on behalf of others).
2. The head of the Political Department or the head of subordinate units of the Ministry of National Defense (where there is no Political Department) shall sign the document requesting the competent authority to recognize and implement preferential treatment for persons who have rendered meritorious service to the revolution for those under their management.
3. Agencies and units must strictly follow the regulations regarding conditions, standards, authority, responsibilities, and the review process of applications for recognition of persons who have rendered meritorious service to the revolution as stipulated in the Ordinance on Preferential Treatment for Persons Who Have Rendered Meritorious Service to the Revolution 2020 (hereinafter referred to as the Ordinance), the Decree, and the guidance provided in this Circular when receiving application documents.
In cases where the documents and applications are incomplete, they must be supplemented and completed in accordance with the regulations; if the conditions and standards are not met, they must be returned promptly and notified in writing to the agency, unit, locality, or individual making the request.
In cases where the documents and applications are suspected of being forged or intentionally altered for fraudulent purposes, an investigation and verification must be organized to conclude the legality of the documents and applications; if the competent authority concludes that they are forged or do not match the original content, a record of recovery shall be established, and notification shall be given to the agency, unit, subject, and locality where the subject resides for handling in accordance with the law.
The Command of Ho Chi Minh City shall operate like the Military Command of provinces and centrally governed cities (hereinafter referred to as the Military Command of provincial level).
5. Medical examination boards at all levels in the military shall operate in accordance with the regulations of the Minister of National Defense on medical examinations, as stipulated in the Decree and the guidance provided in this Circular.
Chapter II
PROCEDURE FOR RECOGNIZING AND IMPLEMENTING PREFERENTIAL TREATMENT FOR THOSE WHO HAVE CONTRIBUTED TO THE REVOLUTION
Article 4. Procedures for recognizing persons who were engaged in revolutionary activities before January 1, 1945, and persons who were engaged in revolutionary activities from January 1, 1945, to August 1945 uprising as stipulated in Clause 5, Article 7 and Clause 5, Article 12 of the Decree
1. The Cadre Department, General Political Department (hereinafter referred to as the Cadre Department) shall be responsible for reviewing within 15 days from the date of receipt of the documents as stipulated in Clause 1, 2, Article 7 and Clause 1, 2, Article 12 of the Decree; it shall propose the Head of the General Political Department to issue a decision recognizing persons who were engaged in revolutionary activities before January 1, 1945, or a decision recognizing persons who were engaged in revolutionary activities from January 1, 1945, to August 1945 uprising according to Model No. 49 Appendix I of the Decree (hereinafter referred to as the recognition decision).
2. Within 5 days from the date the Head of the General Political Department issues the recognition decision, the Cadre Department shall be responsible for transferring the file along with the recognition decision to the Department of Labor - Invalids and Social Affairs where the beneficiary permanently resides to implement the preferential treatment.
Article 5. The procedure for preparing the application file to recognize烈士身份 for military personnel, defense civil servants, and individuals working in confidential organizations under the Government Confidentiality Board who are currently serving or employed, as stipulated in Clause 1 and Clause 4, Article 18 of the Decree.
1. When military personnel, defense civil servants, or individuals working in confidential organizations under the Government Confidentiality Board sacrifice their lives: The direct managing agency or unit at the brigade level or higher shall be responsible for checking, verifying, establishing, and completing the documents specified in Article 17 of the Decree; within twenty days from the date of completing these documents, issue a death certificate according to Model No. 34 in Appendix I of the Decree (hereinafter referred to as the death certificate); prepare a document attached to the application file to be submitted to the superior agency or unit for inspection and approval according to the hierarchical levels (at the division level or higher within five days; agencies or units directly under the Ministry within five days), and send it to the Policy Department, General Political Department (hereinafter referred to as the Policy Department).
In cases where military personnel, defense civil servants, or individuals working in confidential organizations under the Government Confidentiality Board sacrifice their lives due to particularly courageous actions in saving people, state assets, or preventing and apprehending criminals, serving as exemplary models with educational significance and widespread influence in society (as stipulated in Point k, Clause 1, Article 14 of the Ordinance); before issuing the death certificate, the agency or unit issuing the death certificate shall prepare a document attached with the documents specified in Clause 1, Article 19 of the Decree, and submit them to the Ministry of Labor, Invalids, and Social Affairs to organize nationwide learning campaigns.
2. The Policy Department, within fifteen days from the date of receiving complete files as prescribed, shall be responsible for reviewing and reporting to the head of the General Political Department to request the head of the Ministry of National Defense to prepare a document attached to the file and propose to the Ministry of Labor, Invalids, and Social Affairs.
Within five days from the date of receiving a copy of the decision granting the "National Memorial" medal transferred by the Ministry of Labor, Invalids, and Social Affairs, it shall be responsible for transferring a copy of the decision granting the medal, along with the "National Memorial" medal and the martyr's file, to the agency or unit that made the application for transfer to the agency or unit issuing the death certificate.
3. The agency or unit issuing the death certificate, within ten days from the date of receiving a copy of the decision granting the medal, along with the "National Memorial" medal and the martyr's file, shall be responsible for notifying the martyr's relatives (father, mother, spouse, children of the martyr, persons who raised the martyr), coordinating with the Military Command of the district and the People's Committee of the commune where the representative of the martyr's relatives usually resides to organize a memorial service for the martyr and present the "National Memorial" medal to the relatives (in cases where there are no relatives, organize a memorial service for the martyr and hand over the "National Memorial" medal to the People's Committee of the commune where the martyr usually resided before sacrificing his life); hand over the file along with a copy of the decision granting the medal to the Department of Labor, Invalids, and Social Affairs where the memorial service for the martyr is organized to implement preferential policies.
In cases where the agency or unit issuing the death certificate is far away (border areas, islands) and unable to organize a memorial service for the martyr, within ten days, transfer a copy of the decision granting the medal, along with the "National Memorial" medal and the martyr's file to the Command of the Capital City of Hanoi or the Military Command of the province where the representative of the martyr's relatives usually resides (in cases where there are no relatives, transfer to the Command of the Capital City of Hanoi or the Military Command of the province where the martyr usually resided before sacrificing his life) for implementation.
Article 6. The procedure for implementing preferential treatment regimes for People's Armed Forces Heroes, Labor Heroes during the resistance war who are currently serving or working as prescribed in Clause 5 of Article 32 of the Decree.
1. Agencies or units at the brigade level or higher, within ten days from the date of receiving all the documents specified in Clause 1, Article 32 of the Decree, shall be responsible for inspecting, examining, confirming the declaration form, and preparing a document attached to the application file to be submitted to the superior agency or unit for inspection and approval according to the hierarchical levels (at the division level or higher within five days; agencies or units directly under the Ministry within five days), and send it to the Policy Department.
2. The Policy Department, within ten days from the date of receiving complete files as prescribed, shall be responsible for reviewing and proposing the head of the General Political Department to issue a decision on preferential allowances according to Model No. 58 in Appendix I of the Decree; transfer the file along with the decision to the agency or unit that made the application for management and implementation of preferential policies.
Article 7. The procedure for recognizing war invalids and persons enjoying policies similar to those for war invalids (hereinafter referred to as war invalids) for military personnel, defense civil servants, and individuals working in confidential organizations under the Government Confidential Service who are currently serving or working is prescribed in Point a Clause 1 Article 39 of the Decree.
1. When military personnel, defense civil servants, or individuals working in confidential organizations under the Government Confidential Service are injured: The direct managing agency or unit at the regiment level or higher shall be responsible for inspecting, establishing, and completing the documents stipulated in Article 37 of the Decree; within nine days from the date of completing these documents, issue the injury certificate according to Model No. 35 in Appendix I of the Decree (hereinafter referred to as the injury certificate) and submit a document along with the application file for review and approval by the immediate superior agency or unit (at the division level or higher within three days; agencies or units under the Ministry within three days) to the Policy Department.
In cases where military personnel, defense civil servants, or individuals working in confidential organizations under the Government Confidential Service are injured due to particularly courageous actions in saving people or state property, preventing or apprehending individuals committing crimes, and serving as exemplary models with educational significance widely disseminated in society (as prescribed in Point k Clause 1 Article 23 of the Ordinance), before issuing the injury certificate, the agency or unit issuing the injury certificate shall submit a document along with the documents stipulated in Clause 1 Article 19 of the Decree to the Ministry of Labor, Invalids and Social Affairs to organize a nationwide campaign to learn from these exemplary models.
2. The Policy Department shall, within three days from the date of receiving the complete files as prescribed, be responsible for reviewing and issuing the review certificate according to Model No. 91 in Appendix I of the Decree (hereinafter referred to as the review certificate), transferring the files back to the Political Department of the Military Region (for subjects within the authority to introduce medical examination according to regulations) or issuing an introduction letter (for other subjects according to regulations) for those meeting the conditions according to Model No. 38 in Appendix I of the Decree (hereinafter referred to as the introduction letter), accompanied by a copy of the file to the authorized Medical Examination Board to determine the percentage of bodily impairment due to injuries.
3. The Political Department of the Military Region shall, within three days from the date of receiving the files and the notification of the review results from the Policy Department, be responsible for issuing the introduction letter for those meeting the conditions, accompanied by a copy of the file to the authorized Medical Examination Board to determine the percentage of bodily impairment due to injuries.
4. Medical Examination Boards at all levels, according to their jurisdiction, within forty-five days from the date of receiving the complete documents as prescribed, shall be responsible for organizing the medical examination of injuries according to the standards stipulated in Circular Joint Circular No. 28/2013/TTLT-BYT-BLDTBXH dated September 27, 2013, issued by the Ministry of Health and the Ministry of Labor, Invalids and Social Affairs on the percentage of bodily impairment due to injuries, diseases, disabilities, and occupational diseases (hereinafter referred to as Joint Circular No. 28/2013/TTLT-BYT-BLDTBXH) for injuries listed in the introduction letters and injury certificates, issuing the medical examination record according to Model No. 78 in Appendix I of the Decree (hereinafter referred to as the medical examination record), sending the record back to the introducing agency or unit; if the medical examination record has not been issued, they must notify in writing the introducing agency or unit and specify the reasons.
If the medical examination results indicate that the injuries require the use of assistive devices, orthopedic appliances, rehabilitation equipment, or functional restoration devices as prescribed, the Director of the hospital organizing the Medical Examination Board shall be responsible for issuing a medical examination report and prescribing the use of assistive devices, orthopedic appliances, rehabilitation equipment, or functional restoration devices for the subject according to Model No. 40 in Appendix I of the Decree.
The Ministry of National Defense Medical Examination Board and the Medical Examination Board of the 175 Military Hospital shall conduct re-examinations according to the regulations of the Minister of National Defense for the subjects undergoing medical examinations.
5. The Commander or Political Commissar of the Military Region (for subjects managed by the Military Region), or the Director of the Policy Department (for other agencies and units) shall, within four days from the date of receiving the medical examination record, be responsible for issuing the decision to grant the war invalid certificate and preferential allowances according to Model No. 59 in Appendix I of the Decree (hereinafter referred to as the decision to grant the war invalid certificate and preferential allowances); simultaneously, issue the war invalid certificate according to Model No. 102 in Appendix I of the Decree (hereinafter referred to as the war invalid certificate) for those with a percentage of bodily impairment of twenty-one percent or more, or issue the decision for a one-time disability allowance according to Model No. 61 in Appendix I of the Decree (hereinafter referred to as the decision for a one-time disability allowance) for those with a percentage of bodily impairment between five and twenty percent; transfer the file along with the decision to the proposing agency or unit for management and implementation of preferential policies.
Article 8. Procedure for re-examining the percentage of bodily injury for war invalids and persons enjoying benefits similar to war invalids (hereinafter referred to as war invalids) who are currently serving or working with particularly recurrent wounds and adjusting the regulations stipulated in point b, Clause 1, Article 41 of the Decree.
1. The direct managing agencies and units at the brigade level and equivalent shall be responsible for checking and reviewing within 15 days from the date of receiving all documents prescribed in point a, Clause 1, Article 41 of the Decree; they shall issue a document along with the aforementioned documents and request the immediate superior agency to resolve according to the hierarchical division (at the division level and equivalent within 5 days); send it to the political agency of the subordinate unit under the Ministry that manages the war invalid's file.
2. The political agency of the subordinate unit under the Ministry that manages the war invalid's file shall be responsible for comparing the stored files within 15 days from the date of receiving all required documents; they shall issue a document along with the aforementioned documents, a copy of the war invalid's file abstract according to Model No. 96 in Appendix I of the Decree (hereinafter referred to as the war invalid's file abstract), a copy of the injury certification, copies of previous examination records, and reports according to the hierarchical division, and send them to the Department of Policy.
3. The Department of Policy shall be responsible for reviewing and transferring the file back to the Political Department of the Military Region (for subjects within the authority to introduce medical examination according to the regulations) or issuing an introduction letter (for remaining subjects according to the regulations) for cases meeting the conditions, accompanied by a copy of the file to the Medical Examination Board with the appropriate authority to re-examine the percentage of bodily injury.
4. The Political Department of the Military Region shall be responsible for issuing an introduction letter for cases meeting the conditions, accompanied by a copy of the file to the Medical Examination Board with the appropriate authority to re-examine the percentage of bodily injury within 10 days from the date of receiving the file and the result of the review by the Department of Policy.
5. The Commanders or Political Commissars of the Military Regions (for subjects managed by the Military Region), and the Director of the Department of Policy (for subjects of other agencies and units) shall be responsible for issuing decisions to adjust allowances and preferential subsidies according to Model No. 60 in Appendix I of the Decree within 10 days from the date of receiving the medical examination record; transfer the file along with the decision to the requesting agency or unit for management and implementation of preferential policies.
Article 9. Procedure for re-examining the percentage of bodily injury for wounded individuals who are currently serving or working with residual wounds, residual metal fragments, or temporary percentage of bodily injury, or supplementary examination of wounds and adjustment of regulations stipulated in point b, Clause 1, Article 42 of the Decree.
1. The direct managing agencies and units at the brigade level and equivalent shall be responsible for checking and reviewing within 7 days from the date of receiving all documents prescribed in point a, Clause 1, Article 42 of the Decree; they shall issue a document along with the aforementioned documents and request the immediate superior agency to resolve according to the hierarchical division (at the division level and equivalent within 3 days); send it to the political agency of the subordinate unit under the Ministry that manages the war invalid's file.
2. The political agency of the subordinate unit under the Ministry that manages the war invalid's file shall be responsible for comparing the stored files within 5 days from the date of receiving all required documents; they shall issue a document along with the aforementioned documents, a copy of the war invalid's file abstract, a copy of the injury certification, copies of previous examination records, and reports according to the hierarchical division, and send them to the Department of Policy.
In cases where the injured person has been examined multiple times but lacks documentation of some injuries not yet examined, the individual shall be requested to supplement the injury certification for those injuries.
3. The Department of Policy shall be responsible for reviewing and transferring the file back to the Political Department of the Military Region (for subjects within the authority to introduce medical examination according to the regulations) or issuing an introduction letter (for remaining subjects according to the regulations) for cases meeting the conditions, accompanied by a copy of the file to the Medical Examination Board with the appropriate authority to re-examine the percentage of bodily injury within 5 days from the date of receiving the complete file.
In cases where the injured person does not have a file stored at the agency, the individual shall be required to supplement the injury certification and previous examination records.
4. The Political Department of the Military Region shall be responsible for issuing an introduction letter for cases meeting the conditions, accompanied by a copy of the file to the Medical Examination Board with the appropriate authority to re-examine the percentage of bodily injury within 5 days from the date of receiving the file and the result of the review by the Department of Policy.
6. The Commanders or Political Commissars of the Military Regions (for subjects managed by the Military Region), and the Director of the Department of Policy (for subjects of other agencies and units) shall be responsible for issuing decisions to adjust allowances and preferential subsidies according to Model No. 60 in Appendix I of the Decree or decisions to issue war invalid certificates and allowances and preferential subsidies for cases with residual wounds, residual metal fragments, or temporary percentage of bodily injury, after re-examination showing a percentage of bodily injury of 21% or more; issue war invalid certificates; transfer the file along with the decision to the requesting agency or unit for management and implementation of preferential policies within 5 days from the date of receiving the medical examination record.
5. The Commanders or Political Commissars of the Military Regions (for subjects managed by the Military Region), and the Director of the Department of Policy (for subjects of other agencies and units) shall be responsible for issuing decisions to adjust allowances and preferential subsidies according to Model No. 60 in Appendix I of the Decree within 10 days from the date of receiving the medical examination record; transfer the file along with the decision to the requesting agency or unit for management and implementation of preferential policies.
1. When military personnel fall ill: The direct managing agencies and units at the brigade level and equivalent shall be responsible for checking, establishing, and completing the required documents stipulated in Article 48 of the Decree within 6 days from the date of receiving all documents prescribed in Clause 1, Article 51 of the Decree; issue a health certification according to Model No. 36 in Appendix I of the Decree and issue a document along with the file requesting the immediate superior agency to check and review according to the hierarchical division (at the division level and equivalent within 3 days; subordinate agencies and units under the Ministry within 3 days), and send it to the Department of Policy.
Article 10. The recognition procedure for disabled veterans for military personnel on active duty is prescribed in Clause 4 of Article 51 of the Decree.
1. When military personnel fall ill: The agency or unit directly managing at the brigade level and equivalent shall be responsible for checking, establishing, and completing the required documents as stipulated in Clause 1, Article 51 of the Decree within 06 days from the date of receipt of all required documents; issue the illness certificate according to Form No. 36 in Appendix I of the Decree; and submit a document along with the application file to the immediate superior authority for review and approval within the delegated level (division-level and equivalent within 03 days; agencies and units under the Ministry within 03 days), to be sent to the Policy Department.
2. The Department of Policy shall, within five days from the date of receiving complete files in accordance with regulations, be responsible for reviewing and issuing a review certificate; transferring the file to the Political Department of the Military Region (for subjects within the authority to introduce medical examination according to regulations) or issuing an introduction letter (for other subjects according to regulations) in cases meeting the conditions, along with a copy of the file to the Medical Examination Board with appropriate authority to determine the percentage of bodily impairment due to illness.
3. The Political Department of the Military Region shall, within three days from the date of receiving the file and the notification of the review results from the Department of Policy, be responsible for issuing an introduction letter in cases meeting the conditions, along with a copy of the file to the Medical Examination Board with appropriate authority to determine the percentage of bodily impairment due to illness.
4. Medical Examination Boards at all levels, in accordance with their respective authorities, shall, within forty-five days from the date of receiving complete documents in accordance with regulations, be responsible for organizing medical examinations for illnesses in accordance with the standards stipulated in Circular Joint No. 28/2013/TTLT-BYT-BLDTBXH based on the introduction letters and disease certificates, issuing medical examination records, sending the records back to the introducing agencies or units; if the medical examination record has not been issued, they must notify in writing to the introducing agency or unit and specify the reasons.
In cases where the medical examination results show injuries requiring the use of assistive devices, orthopedic appliances, rehabilitation equipment, and facilities, the Director of the Hospital organizing the Medical Examination Board shall be responsible for issuing a medical examination report and prescribing the use of assistive devices, orthopedic appliances, rehabilitation equipment, and facilities for the subject according to Model No. 40 Appendix I Decree.
The Ministry of National Defense Medical Examination Board and the Medical Examination Board of the 175 Military Hospital shall conduct re-examinations according to the regulations of the Minister of National Defense for the subjects undergoing medical examinations.
5. The Commander or Political Commissar of the Military Region (for subjects under the management of the Military Region), the Director of the Department of Policy (for subjects of other agencies and units) shall, within five days from the date of receiving the medical examination record, be responsible for issuing a decision to issue a veteran disability certificate and preferential allowances according to Model No. 63 Appendix I Decree, issuing a veteran disability certificate according to Model No. 102 Appendix I Decree; transferring the file to the proposing agency or unit to transfer the file to the Department of Labor, Invalids, and Social Affairs where the veteran resides permanently to implement preferential policies.
Article 11. Procedure for searching, verifying, and issuing a confirmation certificate for decoding unit call signs, symbols, time periods, and areas of operation as stipulated in Clause 3, Article 55 of the Decree.
1. The Command of Hanoi Capital or the Provincial Military Command shall, within five days from the date of receiving complete documents as stipulated in Clause 1, Article 55 of the Decree, be responsible for checking and cross-referencing information in the call sign and symbol decoding software provided by the Department of Military Affairs, General Staff Department (hereinafter referred to as the Department of Military Affairs); if there is sufficient information, they shall issue a confirmation certificate regarding the decoded call sign, symbol, time period, and area of operation of the unit according to Model No. 37 Appendix I Decree.
2. In cases where there is no information in the call sign and symbol decoding software provided by the Department of Military Affairs, the Command of Hanoi Capital or the Provincial Military Command shall be responsible for sending a document along with the documents specified in Clause 1 of this Article, requesting the battalion-level and equivalent units (where the subject directly participated in the resistance war in areas where the US military used chemical weapons) to check, verify, and provide information; in cases where the directly managing unit has been dissolved or merged, they shall send to division-level and equivalent units or higher to the subordinate agencies or units of the Ministry for verification and provision of information; in cases where the aforementioned agencies and units do not have information, they shall request the Department of Military Affairs to check, verify, and provide information. Within five days from the date of receiving the request document from the Command of Hanoi Capital or the Provincial Military Command, the relevant agencies and units shall be responsible for checking, verifying, and sending the results back to the Command of Hanoi Capital or the Provincial Military Command.
Based on the inspection and verification results provided by the agencies and units; if there is sufficient basis, the Command of the Capital City of Hanoi or the Provincial Military Command shall issue a confirmation certificate as prescribed in Clause 1 of this Article.
Article 12. The procedure for issuing certificates regarding the period of imprisonment and place of detention for military personnel, defense civil servants, and individuals working in confidential organizations under the Government Confidentiality Board who are currently serving, working, or have been transferred out is prescribed in Clause 3 of Article 61 of the Decree.
1. For those currently serving or working
Units at the brigade level and equivalent or higher (the direct management units of the subjects with periods of being captured and detained by the enemy), within twenty days, and in special cases not exceeding forty days from the date of receiving the individual's application, shall be responsible for checking, verifying, and cross-referencing files and lists managed and stored at their unit; if there are sufficient grounds, they shall issue certificates regarding the period of imprisonment and place of detention for the subject.
2. For those who have been transferred out
The Command of Hanoi Capital City or the Military Command of provinces, within ten days from the date of receiving the individual's application, shall be responsible for checking, verifying, and cross-referencing files and lists managed and stored at their unit; if there are sufficient grounds, they shall issue certificates regarding the period of imprisonment and place of detention and notify the subject.
In cases where the files and lists managed and stored at the unit do not contain complete information, the Command of Hanoi Capital City or the Military Command of provinces shall issue a document requesting the brigade-level and equivalent units directly managing the subjects with periods of being captured and detained by the enemy to check, verify, and provide information; in cases where the directly managing units have been dissolved or merged, they shall send to units at the division level and equivalent or higher up to the units subordinate to the Ministry for checking, verifying, and providing information; in cases where the aforementioned agencies and units do not have information, they shall request the Military Security Protection Bureau, General Political Department (hereinafter referred to as the Military Security Protection Bureau) to check, verify, and provide information. Within thirty days from the date of receiving the document requesting from the Command of Hanoi Capital City or the Military Command of provinces, the relevant agencies and units shall be responsible for checking, verifying, and providing information and sending the results to the Command of Hanoi Capital City or the Military Command of provinces.
Based on the verification results provided by the agencies and units; if there is sufficient basis, the Command of Hanoi Capital or the Military Command of the province shall issue a certificate to the individual according to the regulations.
Article 13. The procedure for recognizing and implementing preferential treatment regimes for military personnel, defense civil servants, and individuals working in confidential organizations under the Government Confidentiality Board who were captured and detained by the enemy and are currently serving or working is prescribed in Clause 2 of Article 63 of the Decree.
1. Units directly managing at the brigade level and equivalent or higher, within ten days from the date of receiving all required documents as stipulated in Clause 1 of Article 63 of the Decree, shall be responsible for checking and confirming the declaration form and issuing a document along with the aforementioned documents to request the immediate superior unit to review and approve according to the hierarchical level (units at the division level and equivalent within five days; units subordinate to the Ministry within five days), and send it to the Policy Bureau.
2. The Policy Bureau, within ten days from the date of receiving all required documents as stipulated, shall be responsible for reviewing and proposing the Head of the General Political Department to issue a decision recognizing and granting preferential benefits according to Model No. 66 of Appendix I of the Decree; transferring it back to the requesting agency or unit for management and implementation of the preferential regime.
Article 14. The procedure for finalizing the number, confirming, and issuing copies of lists and management books of martyrs, those who died or went missing; lists and management books of wounded soldiers or those injured, which were established by authorized agencies and units on or before December 31, 1994 (hereinafter referred to as lists and management books) is prescribed in Point a of Clause 1 of Article 72 and Point a of Clause 2 of Article 76 of the Decree.
1. Procedure for finalizing the number and confirming the list and register
a) For units at the division level and equivalent: They shall be responsible for reviewing and compiling lists and management books stored at their agency or unit; checking, finalizing the number of people and pages in each list and management book, and affixing seals according to regulations; the head of the division and equivalent shall sign and affix seals to confirm on the last page of each list and management book; summarizing data according to Model No. 101 of Appendix I of the Decree, and reporting to the political agency of the unit subordinate to the Ministry.
b) For agencies and units subordinate to units subordinate to the Ministry: They shall be responsible for implementing as prescribed in Point a of this clause; the head of the agency or unit subordinate to the unit subordinate to the Ministry shall sign and affix seals to confirm according to regulations.
The political agency of the unit subordinate to the Ministry shall consolidate the data from the agencies and units at points a and b of this clause, and report to the Ministry of National Defense (through the Policy Bureau) as prescribed.
2. Issuing copies of lists and registers
Units at the division level and equivalent or agencies and units subordinate to units subordinate to the Ministry shall be responsible for reviewing and cross-checking information in the lists and management books of agencies and units that have been finalized and confirmed; issuing a document along with copies of the lists and management books (including: Cover page, page with the name of the individual requesting and the last page) signed and sealed by the head of the division and equivalent or the head of the agency or unit subordinate to the unit subordinate to the Ministry, and sending it to the individual or the requesting agency or unit.
Article 15. The verification and conclusion procedures for military personnel, defense civil servants, and individuals working in confidential organizations under the Government Confidentiality Board who are missing during wartime as stipulated in Clause 3 of Article 73 of the Decree.
1. The Command of Hanoi Capital or the Military Command of the province shall, within 10 days from the date of receiving all required documents as specified in Clause 1 of Article 73 of the Decree, be responsible for directing competent agencies to check and compare files, documents, and archives kept at the unit; if there are sufficient grounds, issue a verification form according to Form No. 90 in Appendix I of the Decree and send it to the representative of the next-of-kin.
2. In cases where there are insufficient grounds to issue a verification form, within 30 days, the Command of Hanoi Capital or the Military Command of the province shall issue a document requesting the division-level unit or higher that managed the subject before they went missing and relevant agencies and localities: Personnel Department (for subjects under the management of the personnel department); Military Forces Department (for subjects under the management of the military forces department); Military Security Protection Department; Military Procuracy at various levels; Military Court at various levels; Business File Department of the Ministry of Public Security; Department of Labor, Invalids and Social Affairs, Social Insurance of the province, People's Committee of the commune where the person resided before enlisting to verify and provide information.
Relevant agencies, units, and localities shall, based on their functions and authorities, be responsible for checking, verifying, and providing information (if available): Full name; date of birth; place of origin; place of permanent residence before enlistment; enlistment time; unit before going missing; rank and position before going missing; time of disappearance; circumstances of disappearance.
Based on the results of the verification and provision of information from relevant agencies, units, and localities, the Command of Hanoi Capital or the Military Command of the province must conclude clearly about the information on the missing individual; the unit and circumstances of disappearance; whether there is evidence of betrayal, surrender, recruitment, desertion, corruption, or violation of laws; issue a verification form as prescribed in Clause 1 of this Article.
3. In complex cases, the Military Command of the province shall report and request the immediate superior to organize verification and conclusion; based on the verification results of the superior, issue a verification form according to regulations.
4. If there is insufficient basis to issue a verification form, the Command of Hanoi City or the Military Command of the province shall issue a document responding to the requester.
Article 16. The procedures for receiving, completing files, and authority to issue certificates of death for recognition as烈士的程序,规定在第74条第6、7款的法令中,对于在战争中牺牲或失踪的军人、国防文职人员和政府保密局所属组织中的工作人员。
1. The County Military Command shall, within 20 days from the date of receiving all required documents as specified in Point c of Clause 2 of Article 74 of the Decree, be responsible for reviewing and checking the documents serving as the basis for recognizing the individual as a martyr; and submit a document along with the list and documents mentioned above to the Command of Hanoi Capital or the Military Command of the province.
2. The Command of Hanoi Capital or the Military Command of the province shall, within 20 days from the date of receiving all required documents as stipulated, be responsible for checking, examining, and issuing the certificate of death. The Command of Hanoi Capital shall submit a document along with the list and file to the Policy Bureau for submission to the Political Department of the provincial Military Command.
Within 10 days from the date of receiving copies of the decision to issue the medal, the "National Memorial" Medal, and the martyr's file transferred by the Policy Bureau or the Political Department of the Military Region, it shall be responsible for directing agencies and units to notify the next-of-kin of the martyr (father, mother, spouse, children of the martyr, persons who have raised the martyr), and cooperate with the People's Committee of the commune where the next-of-kin resides to organize a memorial ceremony for the martyr, present the "National Memorial" Medal to the next-of-kin (in cases where there are no next-of-kin, organize a memorial ceremony for the martyr and hand over the "National Memorial" Medal to the People's Committee of the commune where the martyr resided before sacrifice); transfer the file along with a copy of the decision to issue the medal to the Department of Labor, Invalids and Social Affairs where the memorial ceremony for the martyr is held for implementation of preferential policies.
3. The Political Department of the Military Region shall, within 10 days from the date of receiving all required files as stipulated, be responsible for checking, examining; and submit a document along with the list and file to the Policy Bureau.
Within 5 days from the date of receiving copies of the decision to issue the medal and the "National Memorial" Medal transferred by the Policy Bureau, it shall be responsible for transferring copies of the decision to issue the medal, along with the "National Memorial" Medal and the martyr's file to the Provincial Military Command.
4. The Policy Bureau shall, within 20 days from the date of receiving all required files as stipulated, be responsible for reviewing and assessing; report to the head of the General Political Department to request the head of the Ministry of National Defense to issue a document along with the file to the Ministry of Labor, Invalids and Social Affairs.
Within 5 days from the date of receiving copies of the decision to issue the medal and the "National Memorial" Medal transferred by the Ministry of Labor, Invalids and Social Affairs, it shall be responsible for transferring copies of the decision to issue the medal, along with the "National Memorial" Medal and the martyr's file back to the Command of Hanoi Capital or the Political Department of the Military Region for implementation.
Article 17. The procedure for receiving applications, the authority to issue certificates of injury for recognition as war invalids or persons entitled to benefits similar to those for war invalids (hereinafter referred to as war invalids) for military personnel, defense civil servants, and individuals working in confidential organizations under the Government Confidential Services Bureau injured during wars shall be regulated in Clause 5, Article 77 of the Decree.
1. The Military Command Board of the district shall, within 15 days from the date of receipt of all documents specified in Point b or Point c, Clause 2, Article 77 of the Decree, be responsible for reviewing and checking the documents serving as the basis for recognizing war invalids; submit a written request along with the list and documents mentioned above to the Hanoi Capital Military Command or the Military Command Board of the province.
2. The Hanoi Capital Military Command or the Military Command Board of the province shall, within 30 days from the date of receipt of all documents as prescribed, be responsible for examining, approving, and issuing certificates of injury. The Hanoi Capital Military Command shall submit a written request along with the list and application file to the Policy Department of the Military Command Board of the province or the Political Department of the Military Region if the documents specified in Point a, Clause 2, Article 76 of the Decree do not record specific injuries or if there are additional injuries as specified in Point b, Clause 2, Article 76 of the Decree. In such cases, it shall direct the Physical Injury Examination Board (the Physical Injury Examination Board shall be chaired by the Head of the Logistics Department, with members including the Head of the Policy Section, Cadres, Security Officers, Military Personnel, Medical Officers, and the Hospital Director if applicable), to examine and prepare a physical injury examination report according to Model No. 46 in Appendix I of the Decree before issuing the certificate of injury.
Within 10 days from the date of receipt of the decision on the implementation of allowances and supplementary benefits and the file transferred from the superior agency, it shall direct the unit to resolve preferential policies, hand over the decision and the war invalid certificate (if any) to the subject; transfer the file to the Department of Labor, Invalids, and Social Affairs where the subject resides for management and implementation of preferential policies.
3. The Military Region Political Department shall, within 15 days from the date of receipt of all files as prescribed, be responsible for reviewing and approving; submit a written request along with the list and file to the Policy Department.
Within 10 days from the date of receipt of the file and notification of the review results from the Policy Department, issue an introduction letter for cases meeting the conditions, accompanied by a copy of the file to the competent medical examination board to determine the percentage of bodily impairment due to disability.
Based on the medical examination report, the Commander or the Political Commissar of the Military Region shall issue a decision to grant the war invalid certificate and allowances, supplementary benefits; simultaneously, issue the war invalid certificate for cases with a percentage of bodily impairment of 21% or more or issue a decision on a one-time disability allowance for cases with a percentage of bodily impairment between 5% and 20%; transfer the file back to the Military Command Board of the province.
4. The Policy Department shall, within 30 days from the date of receipt of all files as prescribed, be responsible for reviewing and issuing the review certificate, transferring the file back to the Military Region Political Department (for subjects within the scope of medical examination introduction according to regulations) or issuing an introduction letter (for remaining subjects in the Military Region and subjects under the Hanoi Capital Military Command) for cases meeting the conditions, accompanied by a copy of the file to the competent medical examination board to determine the percentage of bodily impairment due to disability.
Based on the medical examination report, the Director of the Policy Department shall issue a decision to grant the war invalid certificate and allowances, supplementary benefits; simultaneously, issue the war invalid certificate for cases with a percentage of bodily impairment of 21% or more or issue a decision on a one-time disability allowance for cases with a percentage of bodily impairment between 5% and 20%; transfer the file back to the Hanoi Capital Military Command; transfer the medical examination report (for remaining subjects in the Military Region) to the Military Region Political Department for implementation according to regulations.
5. The Commanders or Political Commissars of the Military Regions (for subjects managed by the Military Region), and the Director of the Department of Policy (for subjects of other agencies and units) shall be responsible for issuing decisions to adjust allowances and preferential subsidies according to Model No. 60 in Appendix I of the Decree within 10 days from the date of receiving the medical examination record; transfer the file along with the decision to the requesting agency or unit for management and implementation of preferential policies.
Article 18. The recognition procedure for war invalids and persons entitled to benefits similar to those of war invalids (hereinafter referred to as war invalids) for military personnel, defense workers, and individuals working in confidential organizations under the Government Confidentiality Service who were injured during wartime while on active duty or in service, as stipulated in Clause 2 of Article 78 of the Decree.
1. Units directly managing at the brigade level and equivalent or higher.
a) Agencies and units at the brigade level and equivalent or higher where the injured person is currently managed
Within five days from the date of receiving all documents specified in Clause 1 of Article 78 of the Decree, there shall be responsible for inspecting, publicly posting the list of injured persons at the agency or unit (minimum period of fifteen days); drafting a record of the public posting results; confirming individual declarations according to Model No. 08 in Appendix I of the Decree. Within ten days from the date of the public posting results, a meeting of the Recognition Council for Persons with Merit (the Recognition Council for Persons with Merit shall be chaired by the Head of the Unit, with members including representatives from the following agencies: Policy, Cadres, Military Affairs, Medical Services) must be organized to review cases without objections or complaints, draft a record according to Model No. 79 in Appendix I of the Decree; send the meeting record of the Recognition Council for Persons with Merit, the public posting record along with the aforementioned documents to the division and equivalent units for inspection and approval.
In cases where the injured person was injured in another unit, within five days, a document accompanied by copies of the documents specified in Clause 1 of Article 78 of the Decree must be submitted to the agency or unit at the regiment level and above managing the injured person at the time of injury. Within five days from the date of receiving all documents as prescribed by the unit managing the injured person at the time of injury, there shall be responsible for inspecting and sending a document accompanied by the prescribed documents to the division and equivalent units for inspection and approval.
b) Agencies and units at the regiment level and above managing the injured person at the time of injury, upon receipt of the prescribed documents, shall be responsible for implementing the procedures and formalities stipulated in point a of this clause; send the meeting record of the Recognition Council for Persons with Merit, the public posting record to the agency or unit at the regiment level and above managing the injured person.
2. Divisions and equivalent units shall be responsible for inspecting and approving within seventeen days from the date of receiving all prescribed documents; issue injury certification; send a document accompanied by the application file for direct superior inspection and approval according to the分级授权 (within three days for subordinate agencies and units under the Ministry), to the Department of Policy.
In cases where the prescribed documents at point a of Clause 2 of Article 76 of the Decree do not record specific injuries or in cases stipulated at point b of Clause 2 of Article 76 of the Decree where additional injuries are declared, it shall instruct the Physical Injury Inspection Council (the Physical Injury Inspection Council shall be chaired by the Head of the Logistics Agency, with members including representatives from the following agencies: Policy, Cadres, Security Protection, Military Affairs, Medical Services, and Infirmary) to inspect and draft a physical injury inspection record according to Model No. 46 in Appendix I of the Decree before issuing the injury certification.
3. The Department of Policy shall be responsible for reviewing and issuing a review certificate within ten days from the date of receiving all prescribed files; transfer the file back to the Political Department of the Military Region (for subjects within the scope of medical examination referral as prescribed) or issue an introduction letter (for remaining subjects as prescribed) if conditions are met, accompanied by a copy of the file to the authorized Medical Examination Council to determine the percentage of body damage due to injury.
4. The Political Department of the Military Region shall be responsible for issuing an introduction letter within seven days from the date of receiving the file and the review result notification from the Department of Policy, accompanied by a copy of the file to the authorized Medical Examination Council to determine the percentage of body damage due to injury if conditions are met.
5. The Commanders or Political Commissars of the Military Regions (for subjects managed by the Military Region), and the Director of the Department of Policy (for subjects of other agencies and units) shall be responsible for issuing decisions to adjust allowances and preferential subsidies according to Model No. 60 in Appendix I of the Decree within 10 days from the date of receiving the medical examination record; transfer the file along with the decision to the requesting agency or unit for management and implementation of preferential policies.
6. The Commander or Political Commissar of the Military Region (for subjects managed by the Military Region); the Director of the Department of Policy (for remaining agencies and units) shall issue a decision on issuing war invalid certificates and allowances within eight days from the date of receiving the medical examination record; simultaneously issue a war invalid certificate for cases with a percentage of body damage of twenty-one percent or more or issue a decision on one-time disability allowance for cases with a percentage of body damage between five and twenty percent; transfer the file along with the decision to the agency or unit that made the request for management and implementation of preferential policies.
Article 19. Procedure for implementing convalescence and health recovery benefits at home for persons with meritorious service who are currently serving or working as prescribed in Clause 4 of Article 86 of the Decree.
1. Agencies and units at the regiment level and above, based on the objects of persons with merit managed by the unit as stipulated in Article 84 of the Decree, shall prepare a list of persons eligible for convalescence and health recovery at home according to Model No. 86 in Appendix I of the Decree, and submit a document to the direct superior agency, sent to the political agency of the subordinate unit under the Ministry in the first quarter of the year.
Within 15 days from the date of receipt of the superior's document regarding the implementation of convalescence and health recovery benefits, they shall be responsible for resolving the benefits for the beneficiaries.
2. The political agency of the subordinate unit under the Ministry shall be responsible for inspecting within twenty-five days from the date of receiving the unit's request document; base on the home convalescence and health recovery expense levels stipulated in Clause 1 of Article 6 of Decree No. 75/2021/NĐ-CP dated July 24, 2021 of the Government on the level of allowances, subsidies, and preferential policies for persons with meritorious contributions to the revolution, prepare a report list for the head of the subordinate unit under the Ministry to approve and issue a decision according to Model No. 68 in Appendix I of the Decree; transfer back to the agency or unit at the regiment level and above for implementation of preferential policies.
Article 20. The procedure for establishing tracking books, issuing assistive devices, orthopedic appliances, rehabilitation equipment for persons with meritorious service who are currently serving, as prescribed in Clause 5 of Article 90 of the Decree.
1. Units directly managing at the brigade level and equivalent or higher.
a) Within seven days from the date of receiving all required documents as stipulated in Clause 1 of Article 90 of the Decree, shall be responsible for checking, verifying, compiling a list of individuals eligible to receive assistive devices, orthopedic appliances, rehabilitation equipment, and submitting it along with relevant documents to the direct superior authority for resolution according to the分级授权(师团级和相当级别在三天内),并将其发送至隶属于国防部的政治机关。
b) Within five days from the date of receiving the tracking book, shall be responsible for delivering the assistive devices, orthopedic appliances, and rehabilitation equipment to the recipients.
c) Establish and update the Management Book of Individuals Receiving Assistive Devices, Orthopedic Appliances, and Rehabilitation Equipment according to Model No. 89 in Appendix I of the Decree (hereinafter referred to as the Management Book of Individuals Receiving Assistive Devices, Orthopedic Appliances, and Rehabilitation Equipment).
d) Annually, based on the Management Book, compile a list of individuals reaching the age limit for receiving assistive devices, orthopedic appliances, and rehabilitation equipment, submit it to the direct superior authority for resolution according to the分级授权,and send it to the political agency of the unit directly under the Ministry.
đ) Within seven days from the date of receiving the decision accompanied by the approved list, shall be responsible for disbursing funds to the recipients of assistive devices, orthopedic appliances, and rehabilitation equipment.
2. Political organs of units under the Ministry.
a) Within fifteen days from the date of receiving the required documents, shall be responsible for checking, verifying, reporting to the Commander or Political Commissar of the Military Region to issue a decision on funding for purchasing assistive devices, orthopedic appliances, and rehabilitation equipment according to Model No. 69 in Appendix I of the Decree (hereinafter referred to as the Decision on Funding for Purchasing Assistive Devices, Orthopedic Appliances, and Rehabilitation Equipment) and establish a tracking book for each individual according to Model No. 88 in Appendix I of the Decree (hereinafter referred to as the Tracking Book for Each Individual) for cases within the jurisdiction of the Military Region, transfer them to the agency or unit directly managing at the brigade level and equivalent for implementation; for other cases, submit a document along with relevant documents to the Department of Policy.
b) Establish and update the management book of individuals eligible for assistive devices, orthopedic equipment, and rehabilitation equipment.
c) Within eight days from the date of receiving the list proposed by the agency or unit as specified in Point d of Clause 1 of this Article, shall be responsible for checking, reporting to the authorized authority to issue a decision on the next period of benefits, and sending it back to the agency or unit at the brigade level and equivalent or higher for implementation.
3. The Department of Policy, within fifteen days from the date of receiving the required documents, shall be responsible for checking; the Director of the Department of Policy shall issue a decision on funding for purchasing assistive devices, orthopedic appliances, and rehabilitation equipment; establish a tracking book for each individual for cases within its jurisdiction; transfer them to the political agency of the unit directly under the Ministry for implementation.
Article 21. The procedure for confirming and proposing to resolve preferential treatment regimes in education and training as stipulated in point c, Clause 1, Article 97 of the Decree
1. The agency or unit directly managing persons with meritorious service at the brigade level and equivalent or higher, within three days from the date of receiving the required documents as stipulated in Point a of Clause 1 of Article 97 of the Decree, shall be responsible for checking and confirming the application, attaching a document along with the aforementioned documents to propose to the direct superior authority (at the division level and equivalent within three days), and sending it to the political agency of the unit directly under the Ministry where the file of the person with meritorious service is managed.
2. The political agency of the unit directly under the Ministry where the file of the person with meritorious service is managed, within six days from the date of receiving all required documents, shall be responsible for checking; attaching a document along with the application, confirmation letter, and a copy of the file of the person with meritorious service to send to the Social Affairs Office where the person resides permanently for implementation of the preferential treatment regulations.
Article 22. The procedure for reissuing the certificate of wounded veteran for wounded veterans currently serving or working as stipulated in Clause 4, Article 115 of the Decree
1. The agency or unit directly managing at the brigade level and equivalent or higher, within seven days from the date of receiving the individual's application, shall be responsible for checking, confirming, and issuing a document proposing resolution according to the分级授权(师团级和相当级别在三天内),and sending it to the political agency of the unit directly under the Ministry where the file of the wounded veteran is managed.
2. The political agency of the unit directly under the Ministry where the file of the wounded veteran is managed, within five days from the date of receiving all required documents as stipulated, shall be responsible for verifying the file, reporting to the Commander or Political Commissar of the Military Region to reissue the wounded veteran certificate for cases within the jurisdiction of the Military Region, transferring it back to the agency or unit that made the request for issuance to the recipient; for other cases, issuing a document along with the wounded veteran file to request the Department of Policy.
3. The Department of Policy, within five days from the date of receiving all required files as stipulated, shall be responsible for checking; the Director of the Department of Policy shall reissue the wounded veteran certificate; transferring the wounded veteran certificate and file back to the political agency of the unit directly under the Ministry for management and implementation.
Article 23. The procedure for temporarily suspending or terminating the enjoyment of preferential treatment for persons with meritorious service as stipulated in Article 118 of the Decree
1. For cases stipulated in Clause 1, Article 118 of the Decree
a) The agency or unit directly managing at the brigade level and equivalent or higher, after receiving the judgment or verification result of the competent authority, shall be responsible for checking and issuing a document proposing resolution according to the分级授权,and sending it to the political agency of the unit directly under the Ministry where the file of the person with meritorious service is managed.
b) The political agency of the unit directly under the Ministry where the file of the person with meritorious service is managed, after receiving all required documents as stipulated in Point a of this Clause, shall be responsible for checking, verifying the file, issuing a document along with the required documents, reporting to the Commander or Political Commissar of the Military Region (for objects managed by the Military Region); within five days, the Commander or Political Commissar of the Military Region shall issue a decision to temporarily suspend or terminate preferential treatment for persons with meritorious service (the temporary suspension/temporary cessation/termination decision according to Model No. 72 in Appendix I of the Decree); for other objects, report according to the分级授权,and send to the Department of Policy.
c) The Department of Policy, upon receiving all required documents and files, shall be responsible for checking; within five days, the Director of the Department of Policy shall issue a decision to temporarily suspend or terminate the preferential treatment regime as prescribed; transfer the decision and file to the requesting agency for implementation.
2. For cases stipulated in Clause 2, Article 118 of the Decree
a) In the case of persons with meritorious service currently serving or working
Agencies and units directly managing battalion-level and equivalent units, upon discovering signs of false declaration or forgery, shall be responsible for checking and issuing a written request to their immediate superior agencies to resolve according to the level of authority, sending it to the political agency of the unit under the Ministry that manages the files of persons with meritorious service.
The political agency of the unit under the Ministry that manages the files of persons with meritorious service, upon receiving the written request, shall be responsible for checking and cross-referencing the files, reporting to the Military Region Commandant (for subjects managed by the military region), the Department of Policy (for subjects belonging to other units), and issuing a written request to the political agency of the unit under the Ministry that established the files of persons with meritorious service to verify and conclude; within five days, the Military Region Commandant or Political Commissar, the Director of the Department of Policy shall issue a decision to temporarily suspend the preferential treatment regime as prescribed.
In cases where verification and conclusion reveal that the subject has falsely declared or forged files, the political agency of the unit under the Ministry that established the files of persons with meritorious service shall be responsible for requesting related agencies and units to recover issued documents; issue a notification letter accompanied by the verification conclusion and supporting documents to the political agency of the unit under the Ministry that manages the files of persons with meritorious service.
The political agency of the unit under the Ministry that manages the files of persons with meritorious service, upon receiving the notification letter from the political agency of the unit under the Ministry that established the files of persons with meritorious service, shall be responsible for reporting to the Military Region Commandant (for subjects managed by the military region), the Department of Policy (for subjects belonging to other units); the Military Region Commandant or Political Commissar, the Director of the Department of Policy shall issue a decision to terminate the preferential treatment regime as prescribed from the month of the verification conclusion; transfer the decision to the agency or unit directly managing the person with meritorious service for implementation and recovery of improperly enjoyed benefits.
b) In the case of persons with meritorious service who have transferred out
The political agency of the unit under the Ministry that established the files of persons with meritorious service in the Military, upon receiving the written request of the Department of Labor, Invalids, and Social Affairs that currently manages the files and implements preferential treatment or the conclusion of the competent authority (if any), shall be responsible for organizing verification and investigation; in cases where the conclusion reveals false declaration or forgery of files, it shall request related agencies and units to recover issued documents; issue a notification letter accompanied by the verification conclusion and supporting documents to the Department of Labor, Invalids, and Social Affairs that currently manages the files and implements preferential treatment for implementation as prescribed.
The Cadre Department, upon receiving the written request of the Department of Labor, Invalids, and Social Affairs that manages the files and implements preferential treatment for persons who were engaged in revolutionary activities before January 1, 1945, or from January 1, 1945 to August Revolution Day in 1945 (recognized by the Military) or the conclusion of the competent authority (if any), shall be responsible for checking and verifying; in cases where the conclusion reveals false declaration or forgery of files, it shall request the Head of the General Political Department to recover issued documents; issue a notification letter accompanied by the verification conclusion and supporting documents to the Department of Labor, Invalids, and Social Affairs that manages the files and implements preferential treatment for implementation as prescribed.
a) The direct management units at the brigade level and above shall, within three days from the date of receiving the application and relevant documents as specified in Points a and b of Clause 1 and Points a and b of Clause 2 of Article 119 of the Decree, be responsible for verification and issuing a document along with the relevant documents to their immediate superior units (at the division level and above within three days), to be sent to the political organs of subordinate units under the Ministry managing the files of individuals with meritorious service.
b) The political organs of subordinate units under the Ministry managing the files of individuals with meritorious service shall, within three days from the date of receiving all required documents, be responsible for verification and comparison of the files; they shall issue a document along with the relevant documents, report to the Military Region Command (for individuals managed by the Military Region); for other individuals, report according to the hierarchical levels and send to the Policy and Social Affairs Bureau.
a) Agencies and units directly managing battalion-level and equivalent units, within three days from the date of receipt of the application and the documents specified in points a and b of Clause 1 and points a and b of Clause 2 of Article 119 of the Decree, shall be responsible for checking and issuing a written request along with the specified documents to their immediate superiors (division-level and equivalent units within three days), sending it to the political agency of the unit under the Ministry that manages the files of persons with meritorious service.
b) The political agency of the unit under the Ministry that manages the files of persons with meritorious service, within three days from the date of receipt of all required documents, shall be responsible for checking and cross-referencing the files; issue a written report along with the specified documents, reporting to the Military Region Commandant (for subjects managed by the military region); for subjects belonging to other units, report according to the level of authority, sending it to the Department of Policy.
c) The Military Region Commandant or Political Commissar, the Director of the Department of Policy, within three days from the date of receipt of all required documents, shall be responsible for issuing a decision to resume the preferential treatment regime for persons with meritorious service according to Model No. 73 of Appendix I of the Decree (hereinafter referred to as the decision to resume the preferential treatment regime for persons with meritorious service); transfer the file along with the decision to the requesting agency for management and implementation of preferential treatment.
to verify and clarify the enjoyment of preferential policies by the subject in the locality. The Hanoi Capital Command shall issue a document along with the file to propose to the Policy and Social Affairs Bureau,
a) The Hanoi Capital Command or Provincial Military Command, within nine days from the date of receipt of the documents specified in point a of Clause 4 of Article 119 of the Decree, shall be responsible for checking and coordinating with the Department of Labor, Invalids, and Social Affairs to verify and clarify the preferential treatment regime enjoyed by the subject at the local level. The Hanoi Capital Command shall issue a written request along with the file to the Department of Policy, the Provincial Military Command shall issue a written request to the Military Region Political Department.
Within five days from the date of receipt of the decision to resume the preferential treatment regime and the file, direct the agency responsible for implementing the preferential treatment regime to hand over the decision and disability certificate to the subject; transfer the file to the Department of Labor, Invalids, and Social Affairs where the disabled person resides for management and implementation of the preferential treatment regime.
b) The Military Region Political Department, within three days from the date of receipt of the complete file as prescribed, shall be responsible for checking and reviewing; issue a written request along with the file to the Department of Policy.
shall issue a decision on the re-enjoyment of preferential policies for individuals with meritorious service for cases meeting the conditions; transfer the decision and file to the Hanoi Capital Command or the Military Region Political Department for implementation.
c) The Department of Policy, within ten days from the date of receipt of the complete file, shall be responsible for examining; the Director of the Department of Policy shall issue a decision to resume the preferential treatment regime for persons with meritorious service for those meeting the conditions; transfer the decision and file to the Hanoi Capital Command or the Military Region Political Department for implementation.
Article 25. The procedure for handling one-time allowance when a person with meritorious service dies while on active duty or in service is prescribed in Clause 5, Article 123 of the Decree.
1. The agency or unit directly managing at the regiment level and above shall submit a written request to the immediate superior agency within five days from the date of the person with meritorious service passing away, accompanied by a copy of the death notice, according to the分级授权(团级及以上单位在接到有功人员去世之日起五日内,向直接上级机关提交书面申请,并附死亡通知书复印件,按照分级授权)(regiment-level and above units shall submit a written request to the direct superior agency within five days from the date of the meritorious person's passing, accompanied by a copy of the death notice, according to the分级授权)(分级授权). The division-level and equivalent agencies shall submit the request within three days. The political agency of the subordinate unit under the Ministry responsible for managing the file of the person with meritorious service shall receive this submission.
2. Within four days from the date of receiving all required documents, the political agency of the subordinate unit under the Ministry responsible for managing the file of the person with meritorious service shall be responsible for checking and verifying the file of the person with meritorious service, and submitting a written report along with the file to the Military Region Commandant (for those managed by the military region); for other entities, they shall report according to the分级授权, and send it to the Policy Department.
Within three days from the date of receiving the decision to terminate preferential treatment for the person with meritorious service and the one-time allowance decision, they shall be responsible for implementing the preferential treatment system; transferring the file of the person with meritorious service to the Department of Labor - Invalids and Social Affairs where the relatives of the person with meritorious service usually reside to process the monthly pension benefit and maintenance allowance (if applicable).
3. The Military Region Commander or Political Commissar, and the Director of the Policy Department shall issue a decision to terminate preferential treatment for the person with meritorious service and a one-time allowance decision within five days from the date of receiving all required documents, according to Model No. 74 in Appendix I of the Decree; transfer the file along with the decision to the agency or unit requesting it for implementation.
Article 26. The procedure for amending and supplementing personal information in the file of a person with meritorious service is prescribed in Point a, Clause 3, Article 130 of the Decree.
1. For persons with meritorious service who are on active duty or in service
a) Within seven days from the date of receiving all required documents as stipulated in Point a, Clause 3, Article 130 of the Decree, the agency or unit directly managing at the regiment level and above shall be responsible for checking, and submitting a written report along with a copy of the party member record when admitted into the Party (if applicable) and a copy of the cadre record or military personnel record, defense civil servant record, or personnel working in a confidential organization under the Government Confidentiality Bureau currently managed by the unit, and the documents provided by the person with meritorious service, according to the分级授权. Division-level and equivalent agencies shall submit the request within three days. The political agency of the subordinate unit under the Ministry responsible for managing the file of the person with meritorious service shall receive this submission.
b) Within ten days from the date of receiving the required documents, the political agency of the subordinate unit under the Ministry responsible for managing the file of the person with meritorious service shall be responsible for checking and verifying the information in the file of the person with meritorious service, and submitting a written report along with the documents stipulated in Point a, Clause 1 of this Article and a copy of the documents requesting modification and supplementation of the information to the competent authority specified in Point a, Clause 2 of Article 130 of the Decree.
Within five days from the date of receiving the modified and supplemented document from the competent authority, they shall submit a written report along with the aforementioned documents, and report to the Military Region Commander or Political Commissar to issue a decision to modify and supplement the information in the file of the person with meritorious service according to Model No. 75 in Appendix I of the Decree (hereinafter referred to as the decision to modify and supplement the information in the file of the person with meritorious service) for those managed by the military region, and send the modified decision to the Policy Department; for other entities, they shall report according to the分级授权, and send it to the Policy Department.
c) Within five days from the date of receiving all required documents and files, the Policy Department shall be responsible for checking, and the Director of the Policy Department shall issue a decision to modify and supplement the information in the file of the person with meritorious service; modify the information in the electronic file, and send the file and the modified decision to the agency or unit requesting it for management and implementation.
2. For persons with meritorious service who have been transferred out
The agency or unit authorized to modify and supplement shall, within thirty days from the date of receiving the request document from the Department of Labor - Invalids and Social Affairs accompanied by the documents stipulated in Point b, Clause 3 of Article 130 of the Decree, be responsible for checking and verifying, and submitting a modified and supplemented document to the requesting agency and the Policy Department.
Article 27. The procedure for transferring files of persons entitled to benefits managed by the Military is prescribed in point a, Clause 1, Article 128, Clause 1, and point b, Clause 2, Article 132 of the Decree.
1. Management of Files of Persons Entitled to Benefits
a) The Policy Department
Managing and storing files of war invalids, persons entitled to benefits like war invalids, disabled veterans, victims of toxic chemicals according to regulations applicable to cases recognized before the effective date of this Decree.
Shall manage and store the list of: Martyrs; wounded veterans, persons enjoying benefits similar to wounded veterans; war invalids; National Hero of the Armed Forces, National Labor Hero during the resistance period; revolutionary activists, resistance fighters, national defenders, international duty performers captured and imprisoned by the enemy recognized by the military agency or unit and implement preferential treatment according to regulations.
Managing and issuing file numbers (war invalid certificates, certificates for persons entitled to benefits like war invalids; disabled veteran certificates) recognized by military agencies and units.
Building a database of persons entitled to benefits managed by the Military to integrate into the national database and managing, updating software databases on war invalids and disabled veterans.
Shall compile and report to the Ministry of Labor - Invalids and Social Affairs the number of people with meritorious service managed by the military according to regulations.
b) Cadre Department
Shall manage and store the list of revolutionary activists before January 1, 1945, and revolutionary activists from January 1, 1945, to August 1945 uprising recognized by the military.
Annually, shall compile and report the list of revolutionary activists before January 1, 1945, and revolutionary activists from January 1, 1945, to August 1945 uprising recognized by the military in that year (from January 1 to December 31 of that year) to the Policy Department before January 10 of the following year.
c) Political organs of subordinate units under the Ministry
Managing and storing files of war invalids, persons entitled to benefits like war invalids, disabled veterans according to regulations applicable to cases recognized before the effective date of this Decree.
Shall manage and store the file of wounded veterans, persons enjoying benefits similar to wounded veterans; the file of preferential treatment for National Hero of the Armed Forces, National Labor Hero during the resistance period; the file of preferential treatment for revolutionary activists, resistance fighters, national defenders, international duty performers captured and imprisoned by the enemy currently serving or working under their jurisdiction.
Shall manage and store the list of: Martyrs; wounded veterans, persons enjoying benefits similar to wounded veterans; war invalids; National Hero of the Armed Forces, National Labor Hero during the resistance period; revolutionary activists, resistance fighters, national defenders, international duty performers captured and imprisoned by the enemy recognized by the unit, files transferred outside the military.
Annually, shall compile and report the number according to Model No. 100 in Appendix I of the Decree and the list of: Martyrs; wounded veterans, persons enjoying benefits similar to wounded veterans; war invalids; National Hero of the Armed Forces, National Labor Hero during the resistance period; revolutionary activists, resistance fighters, national defenders, international duty performers captured and imprisoned by the enemy recognized in that year (from January 1 to December 31 of that year) to the Policy Department before January 10 of the following year.
2. Transfer of Files of Persons Entitled to Benefits Between Agencies and Units Under the Ministry
第1至5行:已经完成。
第6至10行:已经完成。
第11至15行:已经完成。
All issues regarding benefits and files must be resolved before transferring; the time for continuing to enjoy preferential benefits shall be implemented according to the transfer notice form.
3. Transfer of Files of Persons Entitled to Benefits Outside the Military, Government Cryptographic Office
第16至20行:已经完成。
第21至25行:已经完成。
第26至30行:已经完成。
第31至35行:已经完成。
Chapter III
IMPLEMENTATION
Article 28. Transitional Provisions
第36至37行:已经完成。
Article 29. Effective Date
1. This Circular takes effect from September 15, 2022.
2. The Circulars: Circular No. 113/2007/TT-BQP dated July 24, 2007, issued by the Minister of National Defense guiding the implementation of the allowance system for purchasing assistive devices, orthopedic equipment, and functional recovery for persons who have contributed to the revolution working in the Military; Circular No. 202/2013/TT-BQP dated November 7, 2013, issued by the Minister of National Defense guiding the procedures and formalities for confirmation; organizing the preferential treatment regime for persons who have contributed to the revolution under the responsibility of the Ministry of National Defense (except Clause 2, Article 15, Clause 2, Article 16, and Clauses 2 and 3, Article 17) shall cease to be effective from the date this Circular takes effect.
3. In case the regulations cited in this Circular are amended, supplemented, or replaced, they shall be implemented according to the new regulations that have been amended, supplemented, or replaced.
Article 30. Responsibility for Implementation
2. During the implementation process, if there are any difficulties, agencies and units shall promptly reflect them to the Ministry of National Defense (through the Military Health Department/MoND) for consideration and resolution./.
2. During the process of implementation, if there are any difficulties, agencies and units should promptly report to the Ministry of National Defense (through the Policy Department) for consideration and resolution./.
|
Place of Receipt: - Prime Minister (for reporting); - Director of the Ministry of National Defense; - Director of the General Logistics Department; - Deputy Ministers of National Defense; - Ministry of Labor, Invalids and Social Affairs; - BTTM, TCCT; - Department of Persons Contributing to the Revolution, Ministry of Labor, Invalids and Social Affairs; - Agencies and units under the Ministry of National Defense - Government Cryptographic Agency; - The Office of Legal Review of Normative Documents/MoJ; - C41, C56, C13, C85, C17 (05), C37; - Legal Affairs Department of the Ministry of National Defense; - Ministry of National Defense Portal (for publication); - Electronic News Network of the Policy Department (for publication); - To be filed: VT, NCTH. Tam 90. |
DEPUTY MINISTER DEPUTY MINISTER (Signed) Senior General Vo Minh Luong |
SUMMARY TABLE
Provide explanations and adopt opinions from agencies and units regarding the draft Circular guiding the recognition process and implementation procedures for preferential treatment of persons with meritorious service under the responsibility of the Ministry of National Defense.
________________
|
Article, clause, point |
Content of participation |
Participating agency or unit |
Opinion of the drafting agency |
is the act of National Assembly Members and People's Council Members raising issues within the responsibility of the person being questioned and requiring the person being questioned to answer about their responsibility regarding the raised issue. |
|
|
Adopted |
Not adopted |
||||
|
|
Regarding the title of the Circular: It is suggested to amend the draft Circular's title to "Circular guiding the recognition procedure and file formalities for implementing preferential policies for persons contributing to the revolution under the responsibility of the Ministry of National Defense". |
Finance Department |
|
x |
It is suggested to maintain it as in the draft because: Decision No. 131/2021/NĐ-CP of the Government assigns the Ministry of National Defense to guide the recognition procedure and implementation of preferential policies for persons contributing to the revolution; it does not assign guidance on file formalities. File formalities have been specified in the Decision. |
|
Article 1 |
It is suggested to remove the phrase “providing guidance” following the phrase "Ministry of National Defense" (line 7 from the bottom on page 1) and rewrite it as: This Circular guides the recognition procedure and implementation of preferential policies for persons contributing to the revolution under the responsibility of the Ministry of National Defense, as provided in Decision No. 131/2021/NĐ-CP dated December 30, 2021 of the Government detailing and providing measures to implement the Ordinance on Preferential Treatment for Persons Contributing to the Revolution (hereinafter referred to as the Decision). |
QD4 |
x |
|
Adopted, remove the phrase “providing guidance” in the draft. |
|
Article 3 |
It is suggested to amend the title of Article 3 to: "Provisions on responsibilities and authorities for implementation". |
Finance Department |
|
x |
Not adopted because the content of Article 3 of the draft Circular stipulates general principles for guidance on implementation, while responsibilities and authorities have been specifically provided for in other articles and clauses of the draft Circular. |
|
Article 3 |
Suggest to study and supplement Clause 5 after Clause 4 with the following specific content: 5. At battalion-level and division-level agencies and units and equivalent ones, the political agency or the political assistant (where there is no political agency) shall take the lead in coordinating with relevant agencies and units to assist the head of the agency or unit in implementing the contents of responsibilities and powers prescribed in this Circular. Reason: To clearly define responsibilities...; at the same time ensuring convenience for management and command by commanders at grassroots units. |
Directorate of Force |
|
x |
Suggest to keep it as in the draft. Because: The Circular of the Ministry of National Defence only specifies responsibilities up to battalion level and equivalent; specific tasks are assigned by the battalion commander according to the functions and duties of each agency, organization, and individual under their authority. |
|
Article 3, Clause 3 |
Suggest to add the phrase "inspection" and "agencies and units" in Clause 3, Article 3, rewriting as follows: In case the file raises suspicion of forgery, organize inspection, verification, and conclude on the legality of the documents and files; if the competent authority concludes that they are forged, prepare a record of confiscation, notify the subject, agencies and units, and the local authority where the subject resides for handling in accordance with the provisions of the law. |
QD4 |
x |
x |
- Adopted, adding the phrase "agencies and units" in the draft. - Do not add the phrase "inspection". Because: Here, agencies and units receive documents and files requesting recognition as persons who have rendered meritorious service to the revolution; therefore, when there is suspicion of forgery, organizing inspection and verification is appropriate; it has not yet reached the stage of organizing "inspection". |
|
Suggest to replace the phrase “Decree No. 02/2020/UBTVQH14 of December 9, 2020 of the Standing Committee of the National Assembly” with the phrase “Decree on Preferential Treatment for Persons Who Have Rendered Meritorious Service to the Revolution 2020” and abbreviate it as "Decree" for use in other clauses of the Circular. |
Legal Division |
x |
|
Adopted, completing in the draft. |
|
|
Article 3, Clause 3 |
Supplement the phrase “or intentionally falsify the file for personal gain” after the phrase “files raising suspicion of forgery” in Clause 3, Article 3. |
Coast Guard |
x |
|
Adopted, supplementing in the draft. |
|
Article 3, Clause 4 |
Suggest to amend the regulation for the Command of Hanoi City like the Command of Ho Chi Minh City, because the Command of Hanoi City is a unit directly under the Ministry of National Defence according to Decree No. 16 of the President of the Socialist Republic of Vietnam dated July 16, 2018 on reorganizing the Military Zone of Hanoi into the Command of Hanoi City. Therefore, it is necessary to supplement regulations for the Command of Hanoi City in the articles and clauses of the Circular. |
Command of Hanoi City |
x |
|
Adopted, supplementing regulations for the Command of Hanoi City in related articles of the draft. |
|
Article 3, Clause 5 |
Suggest to specify or cite the legal document regarding the implementation of medical examination and appraisal by the Medical Appraisal Councils at various levels in the military. |
Legal Division |
x |
|
Adopted, completing in the draft. |
|
Article 5, Clause 1, Sub-clause 2 |
Suggest to amend "then submit a report in writing to the Propaganda Department of the General Political Department for coordination with relevant agencies to organize propaganda and education." According to the regulations of the Ministry of National Defence, it should not be sent to the Ministry of Labour, Invalids and Social Affairs as in the draft. |
Command of Hanoi City |
|
x |
Suggest to keep it as in the draft. Because: Clause 1 of Article 19 of the Decree provides: "The agency, organization, or unit authorized to issue certificates of death or injury shall issue such certificates within 12 days from the date of receipt of one of the documents specified in point a, Clause 7 of Article 17 of this Decree and a copy of the decision awarding a medal, along with a request letter and the aforementioned documents to the Ministry of Labour, Invalids and Social Affairs." Within 12 days from the date of receipt of the decision to launch a nationwide campaign to learn from exemplary cases, there is a responsibility to issue certificates of death or injury. |
|
Article 5, Clause 1 |
Suggest adding the phrase “lữ đoàn” after the word “cấp” in parentheses at line 12 counting from the bottom. Because the lữ đoàn level is a unit under the military region, it must complete the dossier fully like the division level to report to the military region. |
Military Region 5 |
|
x |
Suggest keeping as drafted. Because: The “lữ đoàn” level implements as “the agency, unit directly managing the regiment level and equivalent or higher” has the responsibility to check, establish, and complete the documents according to regulations, report to the immediate superior; this has been stipulated at the beginning of Clause 1, Article 5. |
|
Article 5, Clause 2 |
Suggest adding the phrase “Cục Chính sách” before the phrase “have the responsibility to transfer copies”; similarly in some other clauses, it is necessary to clearly define the subject implementing. |
Legal Division |
|
x |
Suggest keeping as drafted. Because: In the first paragraph of Clause 2, Article 5 of the draft Circular has stipulated the subject as the Policy Department. |
|
Article 5, Clause 3 |
Suggest replacing the phrase “truy điệu liệt sĩ” with the phrase “công bố quyết định và trao bằng Tổ quốc ghi công” after the word “lễ” at lines 15, 16, 19, and 21 counting from the top. Because in these cases, the funeral ceremony has already been held before burial, therefore, it should not be repeated. |
Military Region 5 |
|
x |
Suggest keeping as drafted. Because: The Circular does not prescribe contents contrary to the provisions of the Government Decree number131/2021/NĐ-CP of the Government. |
|
Article 7, Clause 1, Paragraph 2 |
Suggest to amend "then submit a report in writing to the Propaganda Department of the General Political Department for coordination with relevant agencies to organize propaganda and education." According to the regulations of the Ministry of National Defence, it should not be sent to the Ministry of Labour, Invalids and Social Affairs as in the draft. |
Command of Hanoi City |
|
x |
Suggest keeping as drafted. Because: Clause 1, Article 19 of the Decree stipulates: “The agency, organization, unit having the authority to issue certificates of death or injury shall issue such certificates within 12 days from the date of receiving one of the documents specified in point a, Clause 7, Article 17 of this Decree and a copy of the decision awarding medals, along with a letter requesting the issuance of the certificates together with the aforementioned documents sent to the Ministry of Labor, Invalids and Social Affairs. Within 12 days from the date of receipt of the decision organizing the nationwide campaign to learn from exemplary models, they have the responsibility to issue certificates of death or certificates of injury.” |
|
Article 7, Clause 1 |
Suggest adding the phrase “lữ đoàn” after the word “cấp” in parentheses at line 13 counting from the top. |
Military Region 5 |
|
x |
Suggest keeping as drafted. Because: The “lữ đoàn” level implements as “the agency, unit directly managing the regiment level and equivalent or higher” has the responsibility to check, establish, and complete the documents according to regulations, report to the immediate superior; this has been stipulated at the beginning of Clause 1, Article 7. |
|
Article 7, Clause 5 |
Suggest replacing the word “hoặc” with the word “và” at line 15 counting from the bottom. |
Military Region 5 |
|
x |
Suggest keeping as drafted to ensure the correct implementation of the system: One individual cannot simultaneously enjoy two systems: Monthly disability allowance and one-time disability allowance. |
|
Article 9, Clause 1 |
Suggest adding the phrase “lữ đoàn” after the word “cấp” in parentheses at line 5 counting from the bottom. |
Military Region 5 |
|
x |
Suggest keeping as drafted. Because: The “lữ đoàn” level implements as “the agency, unit directly managing the regiment level and equivalent or higher” has the responsibility to check, establish, and complete the documents according to regulations, report to the immediate superior; this has been stipulated at the beginning of Clause 1, Article 9. |
|
Article 10 |
There is no procedure for recognizing disabled veterans for the case prescribed in point h, Clause 1, Article 33 of the Government Decree No. 31/2013/NĐ-CP dated April 9, 2013 (transitional clause applicable but without procedures). |
Military Region 5 |
|
x |
Suggest keeping as drafted. Because: At Article 28 of the draft Circular (Transitional clause) has stipulated the recognition of disabled veterans for discharged military personnel suffering from diseases prescribed in point h, Clause 1, Article 33 of the Government Decree No. 31/2013/NĐ-CP dated April 9, 2013 (which has clearly defined the procedures and process). |
|
Article 10 |
Suggest the drafting agency carefully review the completion time of the process to ensure compliance with the deadlines stipulated in the Ordinance and Decree. |
Legal Division |
x |
|
Adopted, reviewed in the draft. |
|
Article 10, Clause 4 |
Suggest rewriting the reference to Circular No. 28/2013... as follows: "Joint Circular No. 28/2013/TTLT-BYT-BLDTBXH on..." |
Legal Division |
x |
|
Adopted, adjusted in the draft. |
|
Article 11, Clause 1 |
Suggest revising Clause 1 of Article 11 in the draft Circular and rewriting it as follows: "1. The military authority of the Provincial Military Command within five days from the date of receiving all documents prescribed in Clause 1 of Article 55 of the Decree shall be responsible for checking and cross-referencing information in the software for decoding unit designations and symbols provided by the General Department of Military Affairs and the General Office of the Ministry of Defense; if the information is complete, report and submit to the head of the Provincial Military Command for confirmation on the decoded designation, symbol, time, and area of operation of the unit according to Form No. 37 Appendix I of the Decree." |
Directorate of Force |
|
x |
Suggest keeping it as in the draft. Because: Clause 1 of Article 55 of the Decree has already stipulated that individuals submit applications to the Provincial Military Command where they reside; therefore, the Circular of the Ministry of National Defense only specifies responsibilities up to the Provincial Military Command; specific tasks are assigned by the head of the Provincial Military Command according to the functions and duties of each agency, organization, and individual under their jurisdiction. |
|
Article 11, Clause 2 |
Suggest removing Clause 2 of Article 11 on the process of searching, verifying, and issuing certificates for decoding unit designations, symbols, time, and area of operation as prescribed in Clause 3 of Article 55 of the Decree. If it is specified as in the draft, it will be very difficult for units and the General Department of Military Affairs/Business Management Office (the Central Military Command Headquarters receives about 30 requests for decoding monthly, of which one-third have no results in the General Department of Military Affairs' decoding software). |
Command of Hanoi City |
|
x |
Suggest keeping it as in the draft. Because: In the software for decoding unit designations, symbols, time, and area of operation provided by the General Department of Military Affairs to agencies and units, not all information about units involved in wars (due to unit dissolution or merger...) has been updated and integrated; thus, the guidance at Clause 2 of Article 11 of the draft Circular is necessary, reflecting the responsibility of the military towards those who participated in the military during wars for national independence and freedom, and to ensure the accuracy of information provided to the subjects. |
|
Article 13, Clause 1 |
Suggest adding the term "brigade" after the word "level" in parentheses in the second line from the bottom. |
Military Region 5 |
|
x |
Suggest keeping it as in the draft. Because: At the "brigade" level, which performs like "directly managing units at the regiment level and equivalent or higher," the responsibility for checking, establishing, and completing documents according to regulations, reporting to the immediate superior, has been stipulated at the beginning of Clause 1 of Article 13. |
|
Article 14 |
In the title of Article 14, suggest adding the phrase "personnel engaged in cryptographic work" after the phrase "military personnel" |
Government Cryptographic Agency |
x |
|
Adopted, revised in the draft. |
|
Article 14, Clause 1 |
Suggest adding the term "brigade" after the word "level" in the seventh line from the bottom and adding the term "brigade" after the word "commander" in the fourth line from the bottom. |
Military Region 5 |
|
x |
Suggest keeping it as in the draft. Because: According to point a of Clause 1 of Article 72 and point a of Clause 2 of Article 76 of the Decree, the division level or equivalent and above are responsible for compiling, confirming the number, and verifying the list and management book. |
|
Supplement: "For lists and management books previously stamped with confirmation by the regiment commander or political office, they still retain their validity; agencies and units only need to consolidate data and report collectively according to the regulations." |
Decision 1 |
|
x |
Suggest keeping it as in the draft. Because: Based on previous practice, the confirmation by the unit was incomplete; additionally, the current verification and confirmation ensure strict compliance with the provisions of the Decree. |
|
|
Suggest carefully considering and formulating regulations consistent with the implementation timeframe set out in the Decree. |
Legal Division |
x |
|
Adopted, reviewed in the draft. |
|
|
Article 14, Clause 2 |
Propose to remove the phrase "division level or equivalent or" before the word "authority" in the seventh line and remove the phrase "division commander or equivalent or" before the word "head" in the eleventh line from top. |
Military Region 5 |
|
x |
Propose to keep as drafted. Because: The list and book managing people who died or were injured are currently managed by division level, and according to the provisions at Point a, Clause 1, Article 72 and Point a, Clause 2, Article 76 of the Decree, division level has the authority to confirm the number, verify the list and book management; therefore, delegating the authority for division level to issue copies of the list and book management to the requesting party is appropriate. |
|
Article 15 |
In the title of Article 15, propose to remove the phrase "under the State Cryptographic Agency". |
Government Cryptographic Agency |
|
x |
Propose to keep as drafted. Because: Point a, Clause 2, Article 182 of the Decree stipulates: "The Ministry of National Defense is responsible for guiding the implementation of policies and laws on preferential treatment for persons with meritorious service under the management of the Military and personnel engaged in cryptographic work, other personnel in cryptographic organizations, and cryptographic students managed by"Government Cryptographic Agency" the Ministry." |
|
Article 15, Clause 2 |
In Clause 2 of Article 15, propose to add the phrase "State Cryptographic Agency" after the phrase "Military Forces Department/General Staff Department". |
Government Cryptographic Agency |
|
x |
Propose to keep as drafted. Because: The State Cryptographic Agency is the agency managing the subjects that need verification, implementing as for "units at division level or equivalent or higher where the subject was managed before going missing" already included in Clause 2 of Article 15 of the draft Circular. |
|
Article 16 |
In the title of Article 16, propose to remove the phrase "under the State Cryptographic Agency". |
Government Cryptographic Agency |
|
x |
Propose to keep as drafted. Because: Point a, Clause 2, Article 182 of the Decree stipulates: "The Ministry of National Defense is responsible for guiding the implementation of policies and laws on preferential treatment for persons with meritorious service under the management of the Military and personnel engaged in cryptographic work, other personnel in cryptographic organizations, and cryptographic students managed by"Government Cryptographic Agency" the Ministry." |
|
Article 17 |
In the title of Article 17, propose to remove the phrase "under the State Cryptographic Agency". |
Government Cryptographic Agency |
|
x |
Propose to keep as drafted. Because: Point a, Clause 2, Article 182 of the Decree stipulates: "The Ministry of National Defense is responsible for guiding the implementation of policies and laws on preferential treatment for persons with meritorious service under the management of the Military and personnel engaged in cryptographic work, other personnel in cryptographic organizations, and cryptographic students managed by"Government Cryptographic Agency" the Ministry." |
|
Article 17, Clause 2 |
Propose to rewrite as "In cases where the documents specified in Point a, Clause 2, Article 76 of the Decree do not record specific injuries as specified in Point b, Clause 2, Article 76 of the Decree, direct the Physical Injury Verification Board to conduct the examination..." |
Command of Hanoi City |
|
x |
Propose to keep as drafted. Because: The provision in the draft Circular is consistent with the provision at Point a, Clause 3, Article 81 of the Decree. |
|
Article 17, Clause 5 |
Propose to amend the time period from 45 days to 30 days from the date of receiving all required documents, the Medical Appraisal Boards at all levels have the responsibility to organize the examination and appraisal of disabilities for the subjects. |
QK4 |
|
x |
Propose to keep as drafted. Because: Based on the total time assigned by the Government to the Ministry of National Defense in this Article is 155 days for the Ministry to allocate to relevant agencies and units appropriately; meanwhile, for the Medical Appraisal Boards at provincial level as stipulated in the Decree is 60 days; if reducing from 45 days to 30 days will cause difficulties for the Medical Appraisal Boards at all levels in the Military. |
|
Article 18 |
- Amend the name of Clause 1 to: "1. Agencies and units at regiment level or equivalent or higher where the wounded person is currently being managed"; simultaneously remove the phrase "Agencies and units at regiment level or equivalent or higher where the wounded person is currently being managed" at the beginning of Points a and b. |
Legal Division |
|
x |
Propose to keep as drafted. Because: Points a and b of Clause 1 stipulate the responsibilities of two different units: a) Agencies and units at regiment level or equivalent or higher where the wounded person is currently being managed; b) Agencies and units at regiment level or equivalent or higher where the wounded person was managed when injured. |
|
- At the end of Point a, Clause 1, propose not to specify "documents specified in Point a of this Clause" but to clearly specify which documents are required for the unit to implement uniformly. |
X |
|
Adopted, adjusted in the draft. |
||
|
- Propose to review and replace the phrase "wounded subject" with the phrase "wounded person" and similarly in other clauses in the draft Circular. |
X |
|
Adopted, adjusted in the draft. |
||
|
Article 19, Clause 1 |
It is recommended to supplement the beneficiaries and benefit levels to ensure consistent implementation. |
Military Region 5 |
x |
|
Adopted, supplementing in the draft. |
|
Article 22, Clause 2 |
It is recommended to replace the phrase "brigade level and equivalent or higher" with the phrase "proposed" after the word "unit" in line 16 from top down. |
Military Region 5 |
x |
|
Adopted, adjusted in the draft. |
|
Article 26, Clause 1, Point a |
It is recommended to study and supplement the phrase "a copy of the party member's dossier when admitted into the Party (if applicable)" before the phrase "officer's dossier." Reason: To ensure strictness and implement correctly according to Conclusion No. 13-TB/TW dated August 17, 2016 of the Politburo on determining the age of party members (for cases adjusting the date, month, year of birth in the file of veterans who are party members). |
Directorate of Force |
x |
|
Adopted, supplementing in the draft. |
|
Article 27, Clause 2 |
It is recommended to uniformly use the term "day" instead of "working day" and review the time limit for completion as stipulated in the Decree. |
Legal Division |
x |
|
Adopted, adjusted in the draft. |
|
Article 28 |
It is recommended to remove Article 28 (Transitional Provisions); it should be supplemented with additional content prescribed in Clause 2, Article 15, Clause 2, Article 16, and Clauses 2 and 3, Article 17 of Circular No. 202/2013/TT-BQP dated November 7, 2013, forming an Article on the Recognition Procedure for War Invalids for Discharged Military Personnel. |
Command of Hanoi City |
|
x |
It is recommended to keep as drafted. Reason: According to Clause 2, Article 8 of the Law on Legislative Documents 2015: Legislative documents must specify the content to be regulated specifically, not generally, and not repeat contents already regulated in other legislative documents. Accordingly, Article 28 (Transitional Provisions) must be included in this Circular to regulate the establishment of dossiers for recognizing war invalids for discharged military personnel suffering from mental illness as stipulated in Clause 3, Article 184 (Transitional Provisions) of Decree No. 131/2021/NĐ-CP. |
|
Article 28 |
Supplement Article 28 Chapter II: Incorporate the content of Clause 2, Article 15, Clause 2, Article 16, and Clauses 2 and 3, Article 17 of Circular No. 202/2013/TT-BQP into Article 28 Chapter II of this Circular. |
QD4 |
|
x |
It is recommended to keep as drafted (content explained above). |
|
Article 28 |
It is recommended to remove Article 28 Chapter III: Transitional Provisions. |
QD4 |
|
x |
It is recommended to keep as drafted (content explained above). |
|
Article 29 |
It is recommended to add the phrase "All circulars" at the beginning of Clause 2 to ensure strict regulations for circulars that will become ineffective upon the effectiveness of this Circular. |
Legal Division |
x |
|
Adopted, supplementing in the draft. |
|
Other opinions |
It is recommended that the Policy Department coordinate with the Finance Department to study and supplement the content "guidance for units to prepare budget estimates for medical examination costs." |
Military Medicine Department |
x |
|
The content will be proposed by the Policy Department to the Finance Department and a directive will be issued within their scope of functions and responsibilities. |
|
Other opinions |
It is recommended to supplement some forms: - Supplement "Sample document" to accompany copies of lists, management books of martyrs, deceased or missing military personnel; lists, management books of wounded soldiers or injured military personnel. - Supplement "Sample record of public notice results for martyrs." - Supplement "Sample record of public notice results for wounded soldiers." |
QK4 |
|
x |
Necessary forms have been stipulated in the Decree; additionally, according to current regulations, the Circular of the Minister of National Defense does not prescribe administrative procedures. |
|
Other opinions |
It is recommended to establish a procedure for setting up various types of dossiers for persons who have rendered meritorious services to the revolution, specifying how many sets of dossiers each category requires, and which level retains and manages them. |
QK4 |
|
x |
The number of dossiers for each category has been stipulated in Clause 1, Article 126 of Decree No. 131/2021/NĐ-CP, and the level managing the dossiers has been stipulated in Clause 1, Article 27 of the draft Circular. |
|
Other opinions |
It is recommended to abbreviate certain phrases for uniform and concise use in the Circular such as: Cadre Bureau, Political General Department (abbreviated as Cadre Bureau); Policy Bureau, Political General Department (abbreviated as Policy Bureau); Military Forces Bureau, General Staff Department (abbreviated as Military Forces Bureau). |
Legal Division |
x |
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Adopted, adjusted in the draft. |
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