Joint Circular No. 66/2014/TTLT-BQP-BTC guiding the implementation of Decision No. 75/2013/QĐ-TTg dated December 6, 2013 of the Prime Minister on regulations, policies, and support for organizations and individuals performing the mission of searching for and collecting烈士遗骸

JOINT CIRCULAR

GUIDELINES FOR IMPLEMENTING DECISION NO. 75/2013/QĐ-TTg OF THE GOVERNMENT CHAIRMAN ON REGIME, POLICIES AND SUPPORT WORK FOR ORGANIZATIONS AND INDIVIDUALS PERFORMING TASKS OF SEARCHING AND COLLECTING REMAINS OF REVOLUTIONARY SOLDIERS

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Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Pursuant to Decree No. 215/2013/NĐ-CP dated December 23, 2013, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decision No. 75/2013/QĐ-TTg dated December 6, 2013 of the Government Chairman on regime, policies and support work for organizations and individuals performing tasks of searching and collecting remains of revolutionary soldiers (hereinafter referred to as Decision No. 75/2013/QĐ-TTg);

The Minister of National Defense and the Minister of Finance jointly issue this Circular guiding on regime, policies and support work for organizations and individuals performing tasks of searching and collecting remains of revolutionary soldiers.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides certain allowances, subsidies, compensations, material standards, logistics for those who perform tasks of searching and collecting remains of revolutionary soldiers and certain regimes and policies for related persons; ensuring equipment, means, materials, financial support for specialized teams and organizations directly assigned to direct and implement the task of searching and collecting remains of revolutionary soldiers both domestically and abroad.

Article 2. Applicability

1. Officers, professional military personnel, non-commissioned officers, soldiers, defense civil servants within the establishment of specialized teams directly performing tasks of searching and collecting remains of revolutionary soldiers (hereinafter referred to as search and collection teams) both domestically and abroad.

2. Organizations directly directing and implementing the search and collection of remains of revolutionary soldiers include:

a) Search and collection teams performing tasks both domestically and abroad;

b) National Steering Committee, Military Region Steering Committee, Provincial Steering Committee; Special Task Force of the Government, Provincial Special Task Force; Government Special Commission, Provincial Special Commission; Office and permanent body at the national level, military region level, provincial level for searching and collecting remains of revolutionary soldiers;

c) Military units tasked with collecting and completing files on revolutionary soldiers, soldier graves; welcoming relatives of revolutionary soldiers.

3. Persons directly mobilized by competent authorities to search and collect remains of revolutionary soldiers (guides, guards, participants in search and collection activities); persons providing information about revolutionary soldiers; relatives or persons worshipping revolutionary soldiers going to find their graves.

4. Members of the National Steering Committee, Military Region Steering Committee, Provincial Steering Committee; Special Task Force of the Government, Provincial Special Task Force; Government Special Commission, Provincial Special Commission.

Chapter II

REGIME, POLICIES AND SUPPORT

Article 3. Regime, policies; method of enjoyment and payment of regime for objects within the establishment of search and collection teams when performing tasks domestically and abroad

1. Objects guided under Clause 1, Article 2 of this Circular within the establishment of search and collection teams of remains of revolutionary soldiers when performing tasks domestically and abroad shall enjoy regimes and policies as prescribed in Article 3 of Decision No. 75/2013/QĐ-TTg.

2. Method of enjoyment and payment of regime

a) Allowance prescribed in Point a, Clause 1, Article 3 of Decision No. 75/2013/QĐ-TTg is equal to 100% of the current salary grade or rank level plus leadership position allowance and seniority allowance exceeding the ceiling (if applicable) for those receiving salaries, or current military rank allowance for non-commissioned officers and soldiers when directly performing tasks of searching and collecting remains of revolutionary soldiers abroad, calculated monthly; in cases where it does not reach a full month, from 15 days and above are calculated as one month, less than 15 days are calculated as half a month;

b) Regional allowance prescribed in Point b, Clause 1, Article 3 of Decision No. 75/2013/QĐ-TTg for those performing tasks of searching and collecting abroad is calculated monthly; the amount received is 1.0 times the base salary for those receiving salaries, 1.0 times the military rank allowance for non-commissioned officers and soldiers;

c) Responsibility allowance prescribed in Point c, Clause 1, Article 3 of Decision No. 75/2013/QĐ-TTg, at 0.5 times the base salary, is calculated monthly; the time of enjoyment starts from the date of being established within the search and collection team of remains of revolutionary soldiers according to the decision of the competent authority;

d) Compensation prescribed in Point d, Clause 1 and Point b, Clause 2, Article 3 of Decision No. 75/2013/QĐ-TTg is calculated for the days directly performing tasks of searching and collecting remains of revolutionary soldiers;

đ) Health compensation prescribed in Point đ, Clause 1 and Point c, Clause 2, Article 3 of Decision No. 75/2013/QĐ-TTg is calculated as follows: Time spent on tasks of searching and collecting remains of revolutionary soldiers from six months to twelve months receives two compensations; less than six months receives one compensation;

e) Support for learning Lao and Cambodian languages prescribed in Point g, Clause 1, Article 3 of Decision No. 75/2013/QĐ-TTg is provided centrally to search and collection teams abroad based on actual manpower performing tasks;

g) Expenses for hospitalization and transportation costs prescribed in Point i, Clause 1, Article 3 of Decision No. 75/2013/QĐ-TTg are implemented as follows:

- In case of illness or injury requiring medical examination and treatment at healthcare facilities in the host country, expenses for medical examination and treatment are reimbursed according to the regulations of the host country; the search and collection team retains relevant documents and papers as the basis for settlement (admission certificate, discharge certificate; payment receipts and invoices for hospital fees).

- In case of need to transport patients using transportation means of the host country, expenses are reimbursed based on actual costs; the search and collection team prepares a travel document for patient transportation and specific expenses for each case as the basis for settlement.

h) The period for enjoying the regimes prescribed in Clause 1, Article 3 of Decision No. 75/2013/QĐ-TTg for objects within the establishment of search and collection teams of remains of revolutionary soldiers abroad is calculated from the day of departure to the day of return.

Article 4. Regime, policy; method of enjoyment and payment of regime for members of the Steering Committee, Special Work Team, and Professional Committees at all levels

1. The objects guided under Clause 4, Article 2 of this Circular shall enjoy the regime and policies as prescribed in Clause 1 and Clause 2, Article 4 of Decision No. 75/2013/QĐ-TTg when there is a decision from the competent authority assigning the direct task of inspecting and directing the search and collection of烈士遗骸在外工作的直接检查和指导任务，或者执行在国内进行烈士遗骸搜索和收集工作的计划。

2. The expenses for hospital fees and medical transportation costs as stipulated in Clause 2, Article 4 of Decision No. 75/2013/QĐ-TTg shall be implemented according to the guidance provided in Point g, Clause 2, Article 3 of this Circular.

3. The budget ensuring the regime and policies for members of the Steering Committee, Special Work Team, and Professional Committees at which level shall be guaranteed by the state budget at that level according to the current budget classification.

Article 5. Regime, policy; method of enjoyment and payment of regime for persons directly mobilized to search and collect烈士遗骸；persons providing information about martyrs; support for relatives or worshippers of martyrs searching for martyrs' graves

1. Persons directly mobilized to search and collect烈士遗骸(including: guides, guards, and those participating directly in search and collection activities) shall enjoy the regime and policies as prescribed in Clause 1, Article 5 of Decision No. 75/2013/QĐ-TTg. Implementation guidance is as follows:

a) Basis for payment: The mobilization decision issued by the Head of the Provincial Military Command (city) or the Head of the Political Department of the Military Region, based on the approved search and collection plan (the decision clearly states the mobilization period, benefits to be enjoyed, and payment expenses).

b) Payment organization: Within the country, it is paid by the Provincial Military Command (city); outside the country, it is paid by the search and collection team; a payment voucher (Form 02) is established as proof of settlement.

c) Expenses for hospital fees and medical transportation costs as stipulated in Point d, Clause 1, Article 5 of Decision No. 75/2013/QĐ-TTg shall be implemented according to the guidance provided in Point g, Clause 2, Article 3 of this Circular.

2. Persons who provide accurate information directly identifying the location of graves and collecting at least one烈士遗骸(qualifying as烈士遗骸) shall be compensated and rewarded according to Clause 2, Article 5 of Decision No. 75/2013/QĐ-TTg; implementation guidance is as follows:

a) The Provincial Military Command (city) or the search and collection team (if performing tasks outside the country) shall establish a document with confirmation from the local government authority and the commanding officer of the search and collection unit (Form 01); directly pay the regime to the person providing accurate information; establish a payment voucher (Form 02) as proof of settlement.

b) Persons with outstanding achievements in providing accurate information about烈士遗骸graves shall be immediately rewarded upon completion of the search and collection results, decided by the Commander of the Military Region or the Chairman of the People's Committee of the province (city).

3. Support for relatives or worshippers of martyrs searching for烈士遗骸

a) Relatives or worshippers of martyrs searching for烈士遗骸in accordance with Clause 3, Article 2 of this Circular shall be supported with travel and food expenses when visiting units where the martyr served or fought, as prescribed in Clause 3, Article 5 of Decision No. 75/2013/QĐ-TTg; the number of people shall not exceed three (03), once a year.

b) Procedures and documents:

- Before searching for烈士遗骸, relatives or worshippers of martyrs should request the People's Committee of their residential commune to issue an Introduction Letter (Form 03) and are responsible for accurately reporting the information to be recorded in the Introduction Letter; the People's Committee of the commune shall, within one working day, record complete information and issue the Introduction Letter to the applicant.

- When relatives or worshippers of martyrs visit units where the martyr served or fought, they shall submit one set of documents, including: the original Introduction Letter (one copy); Martyr Death Notice or Merit Certificate (certified copy, one copy).

- The Provincial Military Command (city) or division-level unit or higher, based on the documents submitted by relatives, shall examine and decide on support within three working days; establish a Payment Voucher (Form 02); photocopy and retain these documents as proof of settlement.

Article 6. Guarantee and operating costs for search and collection teams performing tasks both domestically and internationally

Search and collection teams performing tasks domestically and internationally shall be guaranteed in accordance with the provisions of Article 6 of Decision No. 75/2013/QĐ-TTg. Some specific implementation guidelines are as follows:

1. Transportation means, equipment, and specialized tools shall be provided in accordance with the provisions set out in Appendix II attached to Decision No. 75/2013/QĐ-TTg. Based on the state budget balance capacity and the situation of units' tasks, the Ministry of National Defense will ensure these gradually.

2. Fuel guarantee expenses include: purchasing fuel to ensure survey, search, exhumation, and transportation of martyrs' remains (both domestically and internationally) within the annual fuel quota approved by the Ministry of National Defense.

3. Exhumation costs for martyrs' graves containing remains amount to VND 600,000 per grave. The cost items include: one ceramic urn; two meters of funeral cloth; two meters of nylon; three liters of alcohol or spirits; one bundle of incense; one bar of soap (or one bag of 250 grams); local customs offerings.

4. Other cost items are implemented as follows:

a) Medical fee reimbursement and patient transportation costs are carried out according to the guidance at Point g Clause 2 Article 3 of this Circular;

b) Passport fees and other charges are reimbursed based on actual expenditures;

c) Hiring excavation machinery, compensating damage to infrastructure, trees, crops, based on approved plans, contracts for hiring machinery, compensation records, payment vouchers are used as settlement documents.

Article 7. Guarantee for the operation of the Steering Committee, Special Task Force, and Professional Committees; Offices and permanent agencies at various levels for search and collection of martyrs' remains and military units tasked with collecting and completing martyrs' files and grave records, welcoming relatives of martyrs

The content of guarantees for the operation of the National Steering Committee, Military Region Steering Committees, Provincial Steering Committees; Government Special Task Forces, Provincial Special Task Forces; Government Professional Committees, Provincial Professional Committees; Offices and permanent agencies at various levels for search and collection, and military units tasked with collecting and completing martyrs' files and grave records, welcoming relatives of martyrs shall be implemented in accordance with the provisions of Article 7 of Decision No. 75/2013/QĐ-TTg. Some specific implementation guidelines are as follows:

1. Support costs for the Government's Special Task Force, Provincial Special Task Force of Laos; Government's Professional Committee, Military Region and Provincial Professional Committees of Cambodia; foreign organizations are implemented according to the Prime Minister's regulations.

In case of necessary adjustments or supplements, the Ministry of National Defense will coordinate with the Ministry of Finance to report to the Prime Minister for consideration and decision.

2. Guarantee costs for serving departure and welcoming return missions for the Steering Committee, Special Task Force, and Provincial Professional Committees not exceeding twice a year.

3. Costs for organizing information collection, building and perfecting documentation and data on martyrs and their graves; decoding unit symbols; mapping search and collection of martyrs' remains, including:

a) Costs for search activities, storage; analysis, comparison; disinfection, information supplementation, database integration, software system construction on martyrs and their graves;

b) Costs for search activities, storage, analysis, comparison, publicizing unit code names participating in wars;

c) Costs for surveying, measuring, comparing, identifying locations of collected martyrs' graves and unsearched areas for search and collection and storage purposes;

d) Costs for surveying and mapping search and collection of martyrs' remains;

đ) Costs for printing propaganda materials; materials related to search and collection of martyrs' remains; search and collection maps; archival records; extracts of information on martyrs and their graves;

e) Costs for registering electronic information websites; updating data, providing information on martyrs and their graves; maintaining the regular operation of the Electronic Information Portal.

The cost levels for the above items, based on the plans of the units, relevant regulations, and allocated funds, the Ministry of National Defense will allocate to the units; settlements will be made according to regulations.

4. Costs for organizing the reception, handover, and burial ceremonies of martyrs' remains are implemented as follows:

a) Cost items for organizing the reception, handover, and burial ceremonies of martyrs' remains include: decoration of the ceremony stage, models, incense, candles, wreaths, offerings according to local customs; allowances for service personnel;

b) The cost level is VND 20,000,000 per ceremony for provincial level; VND 10,000,000 per ceremony for district level (county);

c) The Provincial Military Command (city) or District Military Command (county) is responsible for planning the guarantee and settlement according to regulations.

Chapter III

IMPLEMENTING PROVISIONS

Article 8. Implementation funds

1. The funds for implementing policies and guarantees as guided in this Circular are ensured from the state budget according to the current state budget allocation levels. Annually, agencies and units base their assigned tasks to prepare budget estimates for implementation included in the state budget estimate submitted to the finance authority at the same level for consolidation and submission to the competent authority according to regulations.

2. Accounting and settlement are conducted in accordance with the State Budget Law and guiding documents.

3. Local budgets cover the following guarantees and support:

a) Costs for policies and benefits for members of the Steering Committee, Special Task Force, and Professional Committees established by localities;

b) Based on the local budget capacity, People's Councils at all levels decide to allocate funds to support search and collection activities of martyrs' remains; support organizing reception, handover, and burial ceremonies of martyrs' remains; support relatives searching for martyrs' graves; support propaganda work.

Article 9. Implementation Organization

1. The Ministry of Finance

a) Based on the proposal of the Ministry of National Defense, consolidate the funding for ensuring policies and guarantees for the activities of searching and collecting martyrs' remains in the state budget expenditure plan according to the State Budget Law and guiding documents.

b) Coordinate with the Ministry of National Defense to unify the content and expenditure levels for some activities of the Steering Committee, Special Task Force Board, and specialized committees; Office and the permanent agencies at all levels;

c) Coordinate to guide, direct, inspect the implementation and resolve arising issues.

Directing and guiding functional agencies to coordinate with the Environmental Crime Prevention Police Force

a) Responsibilities of the Political General Department

- Lead and coordinate with the General Staff Department, General Departments, and functional agencies under the Ministry of National Defense to implement this Circular.

- Direct the Policy Directorate:

+ Lead and coordinate with relevant agencies and units to compile annual guarantee plans and budget estimates, report to the Ministry of National Defense to request the Ministry of Finance to ensure funding;

+ Lead and coordinate with the Financial Department/MND to develop budget allocation plans for agencies and units, report to the Chief of the Political General Department, request approval from the Chief of the Ministry of National Defense, and notify relevant agencies and units;

+ Direct, guide, inspect, and resolve arising issues.

b) General Staff Headquarters

Lead and coordinate with the Political General Department to compile and report to the Ministry of National Defense to ensure equipment and means; direct, guide, and inspect the implementation according to regulations.

c) The Technical General Department

Coordinate to ensure equipment and means; coordinate to direct, guide, and inspect the implementation organization.

d) The Logistics General Department

Guide the provision of temporary housing; ensure uniforms, logistics equipment, living conditions, materials, and fuel according to regulations; lead and coordinate to direct, guide, and inspect the implementation.

đ) The Financial Department/MND

- Direct and guide units to prepare budget estimates; aggregate into the annual budget estimate, report to the Ministry of National Defense, and request the Ministry of Finance to submit to the competent authority for decision;

- Guide and organize timely disbursement and settlement according to regulations;

- Coordinate to direct, guide, inspect the implementation, and resolve arising issues.

e) Units under the Ministry of National Defense

- Organize the dissemination, implementation, and guidance for related officers, staff, and soldiers on the content of Decision No. 75/2013/QĐ-TTg and this Circular;

- Based on the annual budget estimates of subordinate agencies and units, report to the Ministry of National Defense (through the Policy Directorate/PGD, Financial Department/MND); allocate funds according to regulations;

- Direct strict, accurate, democratic, and transparent implementation of systems and policies. Annually report the implementation results to the Ministry of National Defense (Policy Directorate/PGD); organize mid-year and final reviews according to regulations; lead resolution of arising issues within the unit.

a) Annually review and allocate local government budget funds entrusted through the Social Policy Bank for lending as prescribed by law;

- Organize the dissemination, implementation, guidance, and direction of implementation for related organizations and individuals on the content of Decision No. 75/2013/QĐ-TTg and this Circular;

- Prepare budget estimates and settle accounts for items within the responsibility of guarantee;

- Direct the organization of mid-year and final reviews according to regulations; lead resolution of arising issues locally.

Article 10. Effective Date

1. This Circular takes effect from August 15, 2014. Systems, policies, and guarantee work shall be implemented from February 1, 2014.

2. Repeal Circular No. 17783/BTC-VI dated December 28, 2010 of the Ministry of Finance regarding adjustment of expenditure levels for forces performing the task of collecting martyrs' graves; Directive No. 256/LC: CS-TC dated January 28, 2011 of the Policy Directorate/PGD and the Financial Department/MND guiding the implementation of systems and policies for guaranteeing forces performing the task of collecting martyrs' graves.

3. In the course of implementation, if there are any issues, agencies, units, and localities should reflect them to the inter-ministerial body (through the Ministry of National Defense) for consideration and resolution./.