Decision No. 62/2011/QĐ-TTg on the regime and policies for subjects who participated in the war to protect the Fatherland and international missions in Cambodia and assisting Laos after April 30, 1975, and have been demobilized, discharged, or retired.

Pursuant to …;

ON REGIME AND POLICY FOR SUBJECTS WHO PARTICIPATED IN THE WAR TO DEFEND THE COUNTRY, PERFORMED INTERNATIONAL TASKS IN CAMBODIA, AND ASSISTED LAOS AFTER APRIL 30, 1975 AND HAVE BEEN DISCHARGED, RESIGNED FROM SERVICE

PRIME MINISTER

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

Upon the proposal of the Minister of National Defense,

Pursuant to …;

Article 1. Scope of Regulation

This Decision stipulates the monthly allowance, one-time allowance, health insurance regime, and funeral expenses for certain subjects who directly participated in the war to defend the country along the southwestern border, northern border, performed international tasks in Cambodia, and assisted Laos (hereinafter referred to collectively as subjects who directly participated in the war to defend the country and performed international tasks) after April 30, 1975 and have been discharged, resigned from service.

Article 2. Applicability

1. This Decision applies to the following subjects:

a) Military personnel, public security officers, personnel engaged in confidential work receiving salaries equivalent to military personnel and public security officers, conscripted or recruited after April 30, 1975 who directly participated in the war to defend the country and performed international tasks, with less than 20 years of service in the military, public security, or confidential work, who have been discharged, resigned from service (including those returning from international cooperative labor assignments and then being discharged, resigned from service) before April 1, 2000 or transferred to another job and resigned from service before January 1, 1995 or severely wounded veterans currently undergoing rehabilitation at veteran rehabilitation centers, not currently entitled to retirement benefits, disability benefits, or monthly invalidity allowances;

b) Defense workers, public security workers, state workers, and experts from various sectors (collectively referred to as cadres and workers) who directly participated in the war to defend the country and performed international tasks, who resigned from service before January 1, 1995, not currently entitled to retirement benefits or monthly disability benefits;

c) Cadres of communes, wards, towns (collectively referred to as commune cadres) who directly participated in the war to defend the country and have resigned from service, not currently entitled to retirement benefits or monthly disability benefits;

d) Self-defense militia and village-level public security forces organized and managed by commune authorities (including villages within border communes) who directly participated in the war to defend the country and returned home, not currently entitled to retirement benefits or monthly disability benefits;

e) Concentrated volunteer youth who directly participated in the war to defend the country and performed international tasks after April 30, 1975 and have returned home, not currently entitled to retirement benefits or monthly disability benefits.

2. This Decision does not apply to the following subjects:

a) Subjects who do not meet the conditions specified in points a, b, c, d, and e of Clause 1 of this Article;

b) Subjects currently receiving retirement benefits or working and receiving salaries from the state budget who participate in mandatory social insurance (except commune cadres who have retired or are currently working but whose time served in the military, public security, or confidential work is not counted towards social insurance benefits upon resignation from commune positions) or currently receiving monthly disability benefits or invalidity allowances;

c) Deserters, surrenders, traitors, or those who responded to recruitment;

d) Those violating the law and serving a prison sentence, life imprisonment, or have been convicted of offenses endangering national security and have not had their criminal records expunged; those stripped of military rank, public security officer rank, or self-defense militia status; those forced to resign;

đ) Those who illegally left the country, are residing illegally abroad, or have been declared missing by a court;

e) Military personnel, public security officers, and volunteer youth conscripted or recruited or joining the volunteer youth force before April 30, 1975;

g) Subjects specified in Clause 1 of this Article who have passed away but have no surviving spouse or children, biological parents, or legally recognized foster parents.

Article 3. Provisions on the territory and time of occurrence of wars for national defense and international missions

1. Directly participating in the war to defend the country means directly engaging in combat duties or providing direct support services for combat operations along the southwestern border, northern border, or conducting Fulro suppression operations in the Central Highlands within the areas and periods specified in Clauses 2 and 3 of this Article.

2. The areas where combat occurred during the war to defend the country include counties along the southwestern border, northern border, including border island counties and the Hoang Sa, Truong Sa, DK1 regions; the Central Highlands provinces and adjacent areas where combat took place.

The Minister of National Defense shall specify the adjacent territories where military conflicts have occurred.

3. The time of occurrence of military conflicts during wars for national defense and international missions shall be determined as follows:

a) In the southwestern border from May 1975 to January 7, 1979;

b) In the northern border from February 1979 to December 31, 1988;

c) Fulro suppression from May 1975 to December 1992;

d) Performing missions to assist Laos from May 1975 to December 31, 1988;

đ) Performing international missions in Cambodia from January 1979 to August 31, 1989.

The time of performing international missions for certain special units of the Ministry of National Defense and the Ministry of Public Security shall be specified by the Minister of National Defense and the Minister of Public Security.

Article 4. Calculation of the duration for benefit entitlement

1. The duration for benefit entitlement for the subjects specified in point a, Clause 1, Article 2 of this Decision shall be the actual working time in the military, police, and cryptographic services. For the subjects specified in points b, c, d, and đ, Clause 1, Article 2 of this Decision, it shall be the direct participation time in wars to protect the country and international missions. In cases where the subject has direct participation time in wars to protect the country and international missions belonging to different groups of subjects as stipulated in Clause 1, Article 2 of this Decision or there is interruption, such time shall be accumulated.

2. When calculating the duration for benefit entitlement for a one-time allowance, if there is a fractional month, at least six months will be counted as a full year, less than six months will be counted as half (1/2) year; for monthly allowances, it shall be calculated as a full year (12 months).

Article 5. Allowance System

1. The monthly allowance system is defined as follows:

a) Subjects specified in point a, Clause 1, Article 2 of this Decision who have worked from fifteen years up to less than twenty years, calculated according to the provisions of Article 4 of this Decision (including those who have been demobilized, discharged, or resigned and are currently working in communes participating in mandatory social insurance but whose military service, police, and cryptographic service time cannot be combined with their commune work time to meet the conditions for retirement benefits as prescribed) shall receive monthly allowances based on the number of years worked.

The allowance amount is VND 925,000 per month, if fifteen years are completed; thereafter, for each additional year (full twelve months), an additional 5% of the aforementioned allowance amount will be added.

When the Government adjusts pensions, social insurance allowances, and monthly allowances, the allowance amount will be adjusted accordingly.

b) If a subject receiving monthly allowances passes away, they will cease to receive allowances from the following month; the relatives of the deceased subject will receive a one-time allowance equal to three months of the current allowance of the deceased subject.

2. The one-time allowance system is defined as follows:

a) Subjects specified in point a, Clause 1, Article 2 of this Decision who have worked less than fifteen years, calculated according to the provisions of Article 4 of this Decision (including those who have been demobilized, discharged, or resigned and are currently working in communes participating in mandatory social insurance or those who have worked less than twenty years in the military, police, and cryptographic services and then worked in communes and have retired but whose military service, police, and cryptographic service time cannot be combined with their commune work time to calculate social insurance benefits) shall receive a one-time allowance based on the working time.

The allowance amount is VND 2,500,000, if two years of actual working time are completed; for each additional year starting from the third year, an additional VND 800,000 will be added.

b) Subjects specified in points b, c, d, and đ, Clause 1, Article 2 of this Decision shall receive a one-time allowance based on the actual direct participation time in wars to protect the country and international missions.

The allowance amount is VND 2,500,000, if two years of direct participation in wars to protect the country and international missions are completed; for each additional year starting from the third year, an additional VND 800,000 will be added;

c) Subjects specified in Clause 1, Article 2 of this Decision who passed away before this Decision takes effect (including those who passed away while still serving or working) shall have one of the following relatives of the subject receive a one-time allowance of VND 3,600,000: spouse; biological or adopted child; biological father or mother or legal guardian.

Article 6. Health insurance and funeral expenses regime

The subjects specified in Clause 1, Article 2 of this Decision who have not yet enjoyed health insurance benefits shall be entitled to such benefits in accordance with the laws on health insurance; when deceased, the person handling the funeral shall be entitled to funeral expenses in accordance with the current laws on social insurance.

Article 7. Documents and procedures for resolving the one-time allowance regime

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

a) The application dossier for the one-time allowance includes: one declaration form of the subject or the subject's relative (in case the subject has passed away); one or several original documents or documents considered as originals or related documents (originals or certified copies from competent authorities), if available;

b) The application dossier for the monthly allowance includes: one declaration form of the subject; one or several original documents or documents considered as originals or related documents (originals or certified copies from competent authorities) proving that the subject is eligible for the allowance according to the provisions of Clause 1, Article 2 and Article 3 of this Decision.

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

a) The subjects specified in Clause 1, Article 2 of this Decision or their relatives are responsible for filling out the declaration form and submitting one set of dossier as stipulated in Clause 1 of this Article to the People's Committee of the commune (through the Village Chief) where they are registered as permanent residents;

b) The People's Committee of the commune receives the dossier, reviews it, compiles and reports to the People's Committee of the district through the Military Command, Public Security Department, Labor, Invalids and Social Affairs Office according to the authority to resolve as prescribed in Article 9 of this Decision;

c) The Military Command, Public Security Department, Labor, Invalids and Social Affairs Office review, cross-check, compile and report to the Provincial Military Command, Public Security Department, Labor, Invalids and Social Affairs Department according to the authority to resolve as prescribed in Article 9 of this Decision;

d) The Provincial Military Command, Public Security Department, Labor, Invalids and Social Affairs Department review, compile and report to the competent authority to issue decisions implementing the regime for the subjects as prescribed in Point d, e and g of this Clause;

đ) The People's Committee of the province issues the decision on enjoying the one-time allowance regime for the subjects within its jurisdiction;

e) The Regional Military Command issues the decision on enjoying the one-time allowance and the monthly allowance regime for the subjects within the jurisdiction of the Ministry of National Defense. The Hanoi Capital Military Command issues the decision on enjoying the one-time allowance regime for the subjects within its jurisdiction. The Policy Bureau - General Political Department issues the decision on enjoying the monthly allowance regime for the subjects in the Hanoi Capital area;

g) The Policy Bureau - Force Building General Department, Ministry of Public Security issues the decision on enjoying the monthly allowance and the one-time allowance regime for the subjects within the jurisdiction of the Ministry of Public Security.

Article 8. Financial sources for implementation

1. The funds for paying the one-time allowance and the monthly allowance as prescribed in this Decision shall be guaranteed by the central budget.

2. The funds for implementing the health insurance regime and the funeral expenses regime shall be guaranteed by the local budget.

Article 9. Responsibility for implementation

1. The Ministry of National Defense is responsible for:

a) To take the lead and coordinate with the Ministry of Labor, Invalids and Social Affairs, the Ministry of Finance in guiding the implementation of the regime and policies for the subjects under the responsibility of the Ministry of National Defense and the People's Committee of the province as prescribed in Point b, Clause 1 and Clause 4 of this Article;

b) To direct the organization of the review, verification, and issuance of decisions on enjoying the monthly allowance regime for military personnel, personnel working in confidential services, transferred to the Labor, Invalids and Social Affairs Department for management and payment of the regime; review and pay the one-time allowance regime for military personnel, defense civil servants, personnel working in confidential services, self-defense militia;

c) Take the lead and coordinate in resolving difficulties and issues arising during the implementation process.

2. The Ministry of Public Security is responsible for:

a) To take the lead and coordinate with the Ministry of Labor, Invalids and Social Affairs, the Ministry of Finance in guiding the implementation of the regime and policies for the subjects who are public security personnel, public security civil servants;

b) To direct and organize the review, verification, and issuance of decisions on enjoying the monthly allowance regime for public security personnel, transferred to the Labor, Invalids and Social Affairs Department for management and payment of the regime; review and pay the one-time allowance regime for public security personnel, public security civil servants.

3. The Ministry of Labor, Invalids and Social Affairs is responsible for directing the Labor, Invalids and Social Affairs sector to receive, manage and pay the monthly allowance regime for the subjects as prescribed; to direct the implementation of the regime for the subjects under the responsibility of the People's Committee of the province.

4. The People's Committee of the province is responsible for directing and organizing the review and payment of the one-time allowance regime for state civil servants (excluding defense civil servants, public security civil servants); village cadres; public security village cadres; volunteers and implement the health insurance regime and the funeral expenses regime as prescribed in Article 6 of this Decision.

5. The Ministry of Finance is responsible for allocating the annual budget to implement the regime for the subjects and the fees for payment according to the Law on State Budget.

6. The confirmation and review of the subjects entitled to the regime and policies prescribed in this Decision must ensure transparency, strictness, accuracy, and convenience.

7. Those who falsify or forge documents to enjoy the regime shall be disciplined or criminally prosecuted depending on the nature and extent of the violation, and must return the amount received; compensate for losses (if any) according to the law.

Article 10. Provisions on implementation

1. This Decision takes effect from January 1, 2012.

As of the date this Decision takes effect, military personnel and public security officers who participated in the resistance against the United States to save the country, have been retired, discharged, or left their positions, and belong to the category entitled to receive a one-time allowance as stipulated in Decision No. 142/2008/QĐ-TTg dated October 27, 2008, of the Government Chairman on implementing regulations for military personnel who participated in the resistance against the United States to save the country with less than 20 years of service in the military and have been retired, discharged, and returned to their localities; Decision No. 38/2010/QĐ-TTg dated May 6, 2010, of the Government Chairman amending and supplementing Decision No. 142/2008/QĐ-TTg; and Decision No. 53/2010/QĐ-TTg dated August 20, 2010, of the Government Chairman on regulations for cadres and soldiers of the public security force who participated in the resistance against the United States with less than 20 years of service in the public security force and have left their positions, been discharged, and returned to their localities without a decision from the competent authority granting a one-time allowance shall be entitled to implement the allowance level as provided in point a and point c, Clause 2, Article 5 of this Decision.

3. Ministers, heads of ministerial-level agencies, heads of government agencies, Chairpersons of People's Committees of provinces and centrally governed cities shall be responsible for enforcing this Decision./.