Decree No. 56/2013/NĐ-CP detailing and guiding the implementation of the Ordinance on the State Honorary Title "Heroic Mother Vietnam"

DECREE

Providing detailed regulations and guidance on the implementation of the Ordinance on the State Honorary Title "Heroic Mother Vietnam"

dated December 25, 2001;

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Pursuant toLaw on Government Organization and the Law on Competition and Reward dated November 26, 2003 and

Pursuant tothe Law Amending and Supplementing Certain Provisions of the Law on Competition and Reward dated June 14, 2005; August 29, 1994; Ordinance No.05/2012/UBTVQH13

Pursuant toOrdinance on the National Honor Title "Mother Heroine of Vietnam" October 20, 2012 amending and supplementing certain provisions of the Ordinance on the State Honorary Title "Heroic Mother Vietnam";The Ordinance on Preferential Treatment for Persons with Merit to the Revolution No. 26/2005/PL-UBTVQH11 June 29, 2005; Ordinance No.

Pursuant to04/2012/UBTVQH13 July 16, 2012 amending and supplementing certain provisions of the Ordinance on Preferential Treatment for Persons with Merit to the Revolution;The Government promulgates this Decree providing detailed regulations and guidance on the implementation ofthe Ordinance Amending and Supplementing Certain Provisions of the Ordinance on the State Honorary Title "Heroic Mother Vietnam".

"Based on the proposal of the Minister of National Defense;"

This Decree provides detailed regulations and guidance on the subjects, preferential treatment systems, files, procedures, and processes for presenting or posthumously presenting the State Honorary Title "Heroic Mother Vietnam".Ordinance on the National Honor Title "Mother Heroine of Vietnam"Loligo edulis)Article 2. Subjects eligible for presentation or posthumous presentation of the State Honorary Title "Heroic Mother Vietnam"”,

Article 1. Scope of Regulation

1. Mothers who fall under any of the following circumstances shall be eligible for presentation or posthumous presentation of the State Honorary Title "Heroic Mother Vietnam":

a) Having two or more children who are martyrs;

c) Only having one child who is a martyr;

d) Having one child who is a martyr and having a husband or being a martyr themselves;

e) Having one child who is a martyr and being a war invalid with a disability rate of 81% or higher.

A child who is a martyr is someone who has been awarded a Certificate of Merit by the Prime Minister, including biological and legally adopted children.

A husband who is a martyr is someone who has been awarded a Certificate of Merit by the Prime Minister and whose wife is the mother in question.

War invalids referred to in Points b and e of Clause 1 of this Article are those who have been certified as war invalids by competent authorities, with a disability rate of 81% or higher, including both living and deceased individuals.

In cases where mothers have husbands or children who joined enemy ranks but the mothers comply with the policies and guidelines of the Party and State, they may still be considered for presentation or posthumous presentation of the State Honorary Title "Heroic Mother Vietnam".

2. Those who fall under Clause 1 of this Article but have betrayed, surrendered to the enemy, committed actions harmful to the revolution, or violated laws and were sentenced to imprisonment by a court, and such judgments are currently in effect (including suspended sentences), shall not be eligible for presentation of the State Honorary Title "Heroic Mother Vietnam".

1. Mothers who are presented with the State Honorary Title "Heroic Mother Vietnam" shall be awarded a Certificate and Medal "Heroic Mother Vietnam", and shall enjoy preferential benefits as stipulated by laws on competition and reward and laws on preferential treatment for persons with merit to the revolution.

2. Mothers who are posthumously presented with the State Honorary Title "Heroic Mother Vietnam" shall have their descendants who honor them receive a Certificate and Medal "Heroic Mother Vietnam", and shall enjoy benefits as stipulated by laws on competition and reward and laws on preferential treatment for persons with merit to the revolution.

Article 3. Preferential Treatment System

3. The organization of ceremonies for presenting or posthumously presenting the State Honorary Title "Heroic Mother Vietnam" shall be as follows:

b) The ceremony shall be solemn, economical, and educational in nature; decorations at the ceremony shall include the phrase: Ceremony for Presenting or Posthumously Presenting the State Honorary Title "Heroic Mother Vietnam".

4. The organization of funerals when a Heroic Mother Vietnam passes away shall be as follows:

a) The Chairman of the People's Committee of districts shall be responsible for organizing the funeral with representatives from party committees, governments, political and social organizations, units that support the mother, and local residents;

b) The funeral shall be solemn, economical, and in accordance with local customs and traditions; decorations at the ceremony shall include the phrase: Funeral of Heroic Mother Vietnam.

5. The budget for organizing ceremonies for presenting or posthumously presenting the State Honorary Title "Heroic Mother Vietnam" shall not exceed one month of the national minimum wage for one case; the budget for the funeral of a Heroic Mother Vietnam shall not exceed two months of the national minimum wage for one case.

b) The funeral shall be organized solemnly and frugally in accordance with local customs and traditions; the ceremony shall be decorated with the inscription: Funeral of the Mother Heroine of Vietnam.

1. Examination files include:

a) Personal declaration form according to Form No. 01a/BMAH; declaration forms for relatives of the mother according to Form No. 01b/BMAH, accompanied by authorization letters according to Form No. 02/BMAH;

b) Certified copies of the National Merit Certificate and War Invalid Certificate issued by the People's Committee of the commune.

2. Proposal files for awarding or posthumously awarding include:

a) The documents as prescribed in Clause 1 of this Article;

b) The examination approval minutes of the People's Committee of the commune according to Form No. 03/BMAH;

c) A report attached with a list according to Form No. 04/BMAH proposing to award or posthumously award the title of "Heroic Mother Vietnam."

1. The mother or her relative shall prepare a personal declaration form (one original copy) and attach supporting documents (three sets) and submit them to the People's Committee of the commune where the mother is registered as a permanent resident (for living mothers) or where the authorized declarant is registered as a permanent resident.

2. The Chairman of the People's Committee of the commune shall be responsible within ten working days from the date of receiving the complete file as prescribed to:

a) Organize meetings to examine each case's file proposing to award or posthumously award the title of "Heroic Mother Vietnam" with representatives from the Party committee, People's Committee, Vietnam Fatherland Front, military, police, and related mass organizations;

b) Prepare three sets of files, sign the report attached with the list and submit it to the Chairman of the People's Committee of the district.

3. The Chairman of the People's Committee of the district shall be responsible within fifteen working days from the date of receiving the complete file as prescribed to:

a) Direct the agency assigned to receive the files and organize verification according to regulations;

b) Sign the report attached with the list and files (three sets) and submit them to the Chairman of the People's Committee of the province.

4. The Chairman of the People's Committee of the province shall be responsible within fifteen working days from the date of receiving the complete file as prescribed to:

a) Direct the agency assigned to receive the files and organize verification according to regulations;

b) Sign the report attached with the list and files (three sets) and submit them to the Prime Minister.

5. The Ministry of Home Affairs shall be responsible within ten working days from the date of receiving the complete file as prescribed to verify the files and submit them to the Prime Minister for recommendation to the President for consideration and decision on awarding or posthumously awarding the title of "Heroic Mother Vietnam."

6. Some general provisions:

b) In cases where the declarant cannot retain the documents required for examination as stipulated in Clause 1 of this Article, they shall send a letter to the Director of the Department of Labor, Invalids, and Social Affairs requesting confirmation to serve as the basis for preparing the files;

c) In cases where the child is a war invalid with a reduced work capacity of 81% or more residing at a war invalid rehabilitation center or in another locality, they shall send a letter to the Director of the Department of Labor, Invalids, and Social Affairs in charge of managing war invalids requesting confirmation to serve as the basis for preparing the files;

d) In cases where the files are incomplete or not in compliance with the regulations, the People's Committee at the examination level shall return the files within five working days and notify the reasons in writing. If the files are unclear, they shall request verification and clarification.

Article 6. Handling of violations

1. Organizations and individuals who forge files, provide false confirmations, or violate the provisions of this Decree shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation as prescribed by law.

2. Cases concluded by competent authorities as forgery or false declarations shall have their titles revoked, certificates and medals "Heroic Mother Vietnam" returned, and the benefits received shall be reclaimed and compensation paid according to the law.

3. The revocation of the title of "Heroic Mother Vietnam" shall be carried out in accordance with the laws on commendation and rewards.

Article 7. Implementation Organization

a) Direct the awarding or posthumous awarding of the title of "Heroic Mother Vietnam";

b) Organize inspections, verifications, complaints, and accusations, and handle violations of the laws regarding the title of "Heroic Mother Vietnam."

2. The Ministry of Labor, Invalids and Social Affairs shall have the responsibility:

a) Direct the Department of Labor, Invalids, and Social Affairs to complete the files for awarding or posthumously awarding the title of "Heroic Mother Vietnam" within their authority;

b) Organize the implementation of confirming war martyrs and war invalids with a reduced work capacity of 81% or more as stipulated in Clause 1 of Article 2 of this Decree.

3. The Ministry of Defense and the Ministry of Public Security shall be responsible for directing military and police agencies to cooperate in awarding or posthumously awarding the title of "Heroic Mother Vietnam."

4. The Ministry of Finance shall be responsible for allocating state budget funds to implement preferential policies for Heroic Mothers of Vietnam.

5. Provincial People's Committees and municipal people's committees directly under the Central Government shall be responsible for:

a) Directing the promotion and dissemination of policies and laws concerning the title of "Heroic Mother Vietnam;"

b) Implementing preferential policies for Heroic Mothers of Vietnam within their scope and authority.

Article 8. Effective Date

1. This Decree shall take effect from July 15, 2013.

Preferential policies for Heroic Mothers of Vietnam shall be implemented according to Clause 1 of Article 3 of Ordinance No. 05/2012/UBTVQH13 dated October 20, 2012 of the Standing Committee of the National Assembly.

2. Decree No. 176-CP dated October 20, 1994 of the Government on the implementation of the Ordinance on the Title of "Heroic Mother Vietnam" and other conflicting legal provisions shall cease to be effective from the date this Decree takes effect.

Article 9. Responsibility for implementation

The Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies, Chairpersons of provincial People's Committees under the central city shall be responsible for implementing this Decree./.