Decision No. 57/2013/QĐ-TTg on one-time allowance for persons dispatched as experts to assist Laos and Cambodia

Pursuant to …;

Regarding one-time allowances for individuals dispatched as experts

to assist Laos and Cambodia

___________________________

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

Decree No. 07/2021/NĐ-CP

The Prime Minister promulgates this Decision on one-time allowances for individuals dispatched as experts to assist Laos and Cambodia,

This Decision stipulates the one-time allowance regime for individuals dispatched as experts to assist Laos from May 1, 1975 to December 31, 1988 in Laos and to assist Cambodia from January 1, 1979 to August 31, 1989 in Cambodia.

Article 2. Applicability

a) Individuals who have retired or stopped working due to loss of labor capacity but have not yet received allowances as prescribed in Clause 7, Article 2 of Decision No. 87-CT dated March 1, 1985 of the Chairman of the Council of Ministers on the regime and policies for cadres dispatched to assist Laos and Cambodia;

b) Individuals currently working or stopped working awaiting retirement benefits, or those who have ceased employment.

2. The one-time allowance regime prescribed in this Decision shall not apply to the following subjects:

a) Subjects prescribed in Clause 1 of this Article who have died and do not have a spouse, biological children, adopted children, biological parents, or legal guardians;

b) Military volunteers of Vietnam performing international duties in Laos and Cambodia.

Article 3. One-time Allowance Regime

1. Individuals prescribed in Clause 1 of Article 2 of this Decision who have worked for at least 12 months (cumulatively) in Laos and Cambodia shall be entitled to one-time allowances, with each year (full 12 months) entitling them to VND 3,000,000, but the maximum amount shall not exceed VND 36,000,000.

2. When calculating the period for one-time allowances, if there are fractional months, those equal to or more than six months shall be counted as a full year, and less than six months shall be counted as half (1/2) a year.

Article 4. Documents and Procedures for Processing Allowances

1. The documents for reviewing entitlement to allowances are specified as follows:

a) One application form of the subject. In cases where the subject prescribed in Clause 1 of Article 2 of this Decision has died before the effective date of this Decision, the direct relatives of the subject shall fill out the application form;

b) Decision dispatching the subject to work as an expert in Laos and Cambodia; Decision returning home (original or certified copy issued by the competent authority);

c) Decision on retirement or cessation of work due to loss of labor capacity (original or certified copy issued by the competent authority) for those who have retired or ceased work due to loss of labor capacity;

d) Decision on cessation of work awaiting retirement benefits or Decision on cessation of employment and personal history file prior to cessation of work awaiting retirement benefits or cessation of employment, confirmed by the management agency (original or certified copy issued by the competent authority) for those awaiting retirement benefits or having ceased employment;

e) Power of attorney from the direct relatives of the subject to a person handling the procedure to receive allowances in cases where the subject has died but still has direct relatives.

2. The procedures for processing allowances are implemented as follows:

a) The subject prescribed in Clause 1 of Article 2 of this Decision or the relative of the subject is responsible for submitting one set of documents as prescribed in Clause 1 of this Article to the People's Committee of the commune, ward, town (hereinafter referred to as the People's Committee of the commune) where the subject is registered as a permanent resident;

b) The People's Committee of the commune receives the documents, compiles and reports to the Chairman of the People's Committee of the district, county, city directly under province (hereinafter referred to as the People's Committee of the district) through the Department of Labor, Invalids and Social Affairs;

c) The Department of Labor, Invalids and Social Affairs reviews, compiles and reports to the Chairman of the People's Committee of the district for consideration, and reports to the Chairman of the People's Committee of the province (hereinafter referred to as the Chairman of the People's Committee of the province) through the Department of Labor, Invalids and Social Affairs;

d) The Department of Labor, Invalids and Social Affairs examines, compiles and reports to the Chairman of the People's Committee of the province for decision;

đ) The Chairman of the People's Committee of the province considers and issues a decision on the allowance regime for eligible subjects.

Article 5. Source of Funds

The source of funds to pay the allowances prescribed in this Decision shall be guaranteed by the central budget.

Article 6. Implementation Organization

1. The Minister of Labor, War Invalids and Social Affairs and the Minister of Finance shall be responsible for guiding the implementation of this Decision.

2. The Ministry of Labor, Invalids and Social Affairs shall be responsible for urging the implementation of this Decision; taking the lead and coordinating with relevant agencies to resolve any difficulties and issues arising during the implementation process.

3. The Ministry of Finance shall be responsible for allocating the budget to implement the allowance regime for the subjects and payment fees according to the laws on the State budget.

4. The Chairman of the People's Committee of the province shall be responsible for directing and organizing the examination and payment of the allowance regime prescribed in this Decision.

Article 7. Effective Date

1. This Decision shall take effect from January 1, 2014.

2. Clause 7, Article 2 of Decision No. 87-CT dated March 1, 1985 of the Chairman of the Council of Ministers on the regime and policies for cadres dispatched to assist Laos and Cambodia shall cease to be effective from the date this Decision takes effect.

Article 8. Implementation clause

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees, and Chairpersons of municipal People's Committees directly under the central government shall be responsible for implementing this Decision.