Circular No. 80/2022/TT-BQP guides the organization of searching for, collecting, and transferring the remains of烈士遗体

CIRCULAR

Guidelines for organizing the search, collection, and transfer of烈士遗骸

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 Contributing to the Revolution;

At the proposal of the Director of the General Political Department;

The Minister of National Defense issues this Circular to guide the organization of searching, collecting, and transferring烈士遗骸.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the organization of searching, collecting, and transferring烈士遗骸in accordance with the provisions of Decree No. 131/2021/NĐ-CP dated December 30, 2021, of the Government detailing and guiding the implementation of the Martyrs and Veterans Preferential Treatment Ordinance (hereinafter referred to as Decree No. 131/2021/NĐ-CP).

Article 2. Applicability

1. Agencies and units directly responsible for searching, collecting, and transferring烈士遗骸.

2. Organizations and individuals related to the searching, collecting, and transferring烈士遗骸.

Article 3. Contents regarding the organization of searching, collecting, and transferring烈士遗骸

1. Collecting and processing information about martyrs and their graves, including:

a) Decoding unit symbols and designations during wartime;

b) Providing and receiving, processing information about martyrs and their graves;

c) Reviewing and completing martyr files and lists;

d) Creating maps for searching and collecting烈士遗骸.

2. Organizing forces for searching and collecting烈士遗骸.

3. Organizing the search and collection of烈士遗骸.

4. Transferring烈士遗骸.

5. International cooperation on searching and collecting烈士遗骸.

Article 4. Responsibilities for searching, collecting, and transferring烈士遗骸

1. The Ministry of National Defense is the Standing Office of the National Steering Committee for Searching, Collecting, and Identifying烈士遗骸(since referred to as the National Steering Committee 515), responsible for directing and organizing the search and collection of烈士遗骸both domestically and abroad according to Decision No. 515/QĐ-TTg dated August 10, 2018 of the Prime Minister; establishing the Office of the National Steering Committee 515 to assist the National Steering Committee; directing military regions to establish the Steering Committee for Searching, Collecting, and Identifying烈士遗骸at the military region level (since referred to as the Steering Committee 515 at the military region level) as stipulated in Clause 3, Article 139 of Decree No. 131/2021/NĐ-CP. 2. Ministries, sectors, People's Committees of provinces have the responsibility to manage and direct the work of searching and collecting烈士遗骸according to Article 141 of Decree No. 131/2021/NĐ-CP.

3. Only specialized forces or temporary forces assigned tasks by military units may carry out the search and collection of烈士遗骸and the transfer of烈士遗骸; other forces participating in coordination shall not organize their own forces to search and collect烈士遗骸.

CONTENTS OF SEARCHING, COLLECTING, AND TRANSFERRING烈士遗骸

Chapter II
COLLECTION AND PROCESSING OF INFORMATION ABOUT MARTYRS AND THEIR GRAVES

Section 1
DECODING UNIT SYMBOLS AND DESIGNATIONS DURING WARTIME

Article 5. Decoding unit symbols and designations during wartime

1. The decoding of unit symbols and designations during the national liberation war, defense of the country, and international duty shall be carried out in accordance with Directive No. 07/CT-BQP dated March 22, 2010 of the Minister of National Defense on decoding unit symbols and designations during the national liberation war and the defensive war.

2. The database of decoded unit symbols and designations during the national liberation war and the defensive war, approved and issued by the competent authority, serves as the basis for searching and collecting烈士遗骸.

3. Responsibilities for collecting and processing information on decoding unit symbols and designations during wartime:

Provincial Military Command, Division-level Command, and equivalent units are responsible for checking and comparing information in the database of decoded unit symbols and designations provided by the General Staff Department.

In cases where there is no information in the database of decoded unit symbols and designations during wartime, the Provincial Military Command is responsible for sending written requests to units at battalion level and equivalent (where martyrs were directly managed before their sacrifice) to check, verify, and provide information; if the directly managing unit has been dissolved or merged, then send to division-level and equivalent units up to the relevant agencies and units under the Ministry for verification and provision of information; if these agencies and units do not have the information, request the General Staff Department to check, verify, and provide information to serve the work of searching and collecting烈士遗骸.

Article 6. Provision, receipt, and processing of information on martyrs and martyrs' graves

1. Information sources: Provided by organizations and individuals within the country and abroad.

2. Content of information:

a) Information on martyrs, including: Full name, year of birth; place of origin, residence; enlistment, discharge, re-enlistment; rank, position; unit before sacrifice; circumstances of sacrifice; time and location of sacrifice; initial burial site; information about relatives of the martyr;

b) Information on martyrs' graves, including: Location, number of graves; list of martyrs; grave records; coordinates and other related information, documents, relics (if available).

3. Responsibility for providing information on martyrs and martyrs' graves

a) Organizations and individuals with information on martyrs and martyrs' graves have the responsibility to provide such information to agencies, units, localities, specialized forces, and temporary forces tasked with searching for and collecting martyrs' remains;

b) Regimental, brigade, division-level units, provincial Military Command, political organs (policy) of subordinate units under the Ministry, Policy Department, General Political Department shall provide information on martyrs and martyrs' graves based on requests from agencies, units, localities, specialized forces, temporary forces tasked with searching for and collecting martyrs' remains; relatives of martyrs.

4. Responsibility for receiving information on martyrs and martyrs' graves

a) The Policy Department, General Political Department - Office of the National Directive Board 515, Standing Office of Directive Board 515 at military region and provincial levels; regimental-level and equivalent units, political organs (policy) of subordinate units under the Ministry shall be responsible for receiving information on martyrs and martyrs' graves to serve the search and collection of martyrs' remains;

b) Provincial Military Command, agencies, units, localities assigned the task of searching for and collecting martyrs' remains shall receive and be responsible for checking, comparing, and processing information on martyrs and martyrs' graves;

When necessary factors are identified and verified, plans for searching for and collecting martyrs' remains shall be established or provided to units tasked with this mission.

5. Transfer of information on martyrs

a) Responsibilities

Division-level and equivalent units, political organs of subordinate units under the Ministry of National Defense shall separate lists of martyrs in the database on martyrs and transfer them to agencies and units tasked with searching for and collecting martyrs' remains according to the place of sacrifice and initial burial site by province;

Agencies and units tasked with searching for and collecting martyrs' remains shall receive information on martyrs. For lists of martyrs and grave records of Vietnamese volunteer soldiers and experts who died in Laos and Cambodia, they shall be transferred to provincial Military Commands or Political Departments of military regions tasked with searching for and collecting martyrs' remains according to the assigned areas;

For central agencies, ministries, and sectors, they shall transfer information and lists of martyrs from their offices to the Office of the National Directive Board 515 for unified management and organization of searches and collections of martyrs' remains.

b) Content and requirements for transferring information on martyrs

Content: Lists of martyrs, grave records (if available), related information and documents;

Requirements: The transfer document must be signed by both the transferring and receiving parties; sent to the Standing Office of Directive Board 515 at all levels, superior political organs, and the Office of the National Directive Board 515.

6. The Office of the National Directive Board 515, Standing Offices of Directive Board 515 at all levels are the authorities managing and directing the provision, receipt, and processing of information on martyrs and martyrs' graves; based on the database of martyrs, they provide lists of martyrs participating in battles and other related information (if available); provide information on martyrs and martyrs' graves; direct and develop plans to verify and conclude information and organize searches and collections of martyrs' remains.

Article 7. Reviewing and perfecting烈士档案和名单

1. Contents of reviewing and perfecting烈士档案和名单

a) Reviewing, tallying, supplementing to cross-check and determine the total number of martyrs; the quantity of martyrs who sacrificed during each period; determining the number of martyrs lacking files and lists at agencies, units, and localities;

b) Building and perfecting databases on martyrs and their graves; integrating these databases to serve the work of searching for and collecting martyrs' remains.

2. Measures for reviewing and perfecting烈士档案和名单

a) Agencies and units from battalion level and equivalent upwards, People's Committees at all levels, based on the martyrs' files and lists they manage; results of decoding unit symbols and designations in wartime; history and traditions of agencies, units, and localities, shall proactively coordinate with the Department of Labor, Invalids, and Social Affairs, and the Association of Veterans and War Comrades to review and perfect martyrs' files and lists;

In cases where information cannot be concluded (missing, missing in action, or deceased military personnel), compile separate lists for continued coordination with units and localities to verify and conclude;

b) Organizing verification, investigation, standardization of information on martyrs (name, place of origin, year of birth, relatives of martyrs; unit, circumstances of sacrifice; time and place of sacrifice, initial burial location); checking and tallying files and materials related to grave markers (if any) that have been handed over or not yet handed over lists and diagrams of grave markers (initial burial locations) to units and localities responsible for collection and the Department of Labor, Invalids, and Social Affairs where remains are being searched for and collected;

c) Organizing reviews, cross-checking, finalizing quantities, standardizing martyr information; updating the database on martyrs provided by the Policy Bureau, General Political Department;

d) Political organs from battalion level and equivalent upwards report according to their level the results of reviewing and perfecting martyrs' files and lists, databases on martyrs, and grave marker diagrams to the next higher level under the Ministry of National Defense. The political organs (policy) of subordinate units under the Ministry of National Defense integrate databases of subordinate units, reporting to the Policy Bureau, General Political Department for integration into the national database on martyrs;

e) People's Committees at commune level report the results of reviewing and perfecting martyrs' files and lists (local troops, party members, volunteers, militia, guerrillas, self-defense forces) of their locality to the military agency at the county level for consolidation and reporting to the provincial Military Command for integration, reporting the database to the Directive Board 515 Military Region and the Office of the National Directive Board 515;

The results of reviewing and perfecting martyrs' files and lists shall be handed over according to Clause 5, Article 6 of this Circular.

3. Responsibilities for reviewing and perfecting烈士档案和名单

a) Central ministries, commissions, and localities from commune level and above are responsible for reviewing and perfecting martyrs' files and lists from various periods managed by agencies, units, and localities;

b) Military agencies and units from battalion level and equivalent upwards are responsible for reviewing and perfecting martyrs' files and lists of their agencies and units;

In cases where subordinate agencies and units have been dissolved, merged, or split, the immediate superior political organ shall take the lead and direct relevant functional organs to coordinate in reviewing and perfecting martyrs' files and lists.

Article 8. Establishment of Search and Collection Maps for Martyrs' Remains

1. Basis for Establishing the Map

a) Administrative boundaries as prescribed by the competent authority;

b) Information about martyrs' graves provided by units, localities, organizations, and individuals;

c) Practical experience in organizing searches and collections of martyrs' remains at the locality;

d) Results of reviews and comparisons regarding martyrs, martyrs' graves; martyrs' cemeteries;

đ) Results of conclusions on the locality's territory;

2. Contents of the Map

a) The initial number of martyrs buried in the locality;

b) The number of martyrs' graves found and collected in the locality;

c) The number of martyrs' graves not yet found and collected in the locality;

d) Areas with information on martyrs' graves that have been fully searched and collected;

đ) Areas with information on martyrs' graves but not yet searched and collected;

e) Areas with information on martyrs' graves that have been partially searched and collected, requiring continued search and collection;

g) Areas with information on martyrs' graves that have been searched and collected but without results;

h) Areas of martyrs' cemeteries;

i) Other related factors.

3. Responsibilities for Concluding Territorial Areas and Establishing Search and Collection Maps for Martyrs' Remains

a) Local military agencies at all levels shall take the lead, assist the People's Committee in receiving information; survey, verify, and conclude the contents as stipulated in point b, Clause 1 of this Article;

b) Chairpersons of People's Committees at all levels shall chair meetings to conclude territorial areas at each level, including participants such as Military Affairs, Public Security, Veterans, Labor - Invalids and Social Affairs, Elderly People, and other components organized by the Chairperson of the People's Committee;

c) Based on the conclusions of territorial areas, local military agencies at all levels shall take the lead, assist the People's Committee in compiling and establishing search and collection maps for martyrs' remains of the locality;

d) Annually, Chairpersons of People's Committees at all levels shall direct reviews, adjustments, and supplements to the contents of territorial area conclusions and search and collection maps for martyrs' remains according to the results achieved;

đ) Political Departments of Military Regions, Command of the Capital City of Hanoi shall take the lead in coordinating with the General Staff at the same level to direct, guide territorial area conclusions and establishment of search and collection maps for martyrs' remains; inspect, draw lessons, conduct mid-term and final evaluations of territorial area conclusion work and map establishment; compile results and report as prescribed;

e) Policy Department, General Political Department shall take the lead, coordinate with the Mapping Department, General Staff to guide, inspect territorial area conclusions and establishment of search and collection maps for martyrs' remains;

g) Mapping Department, General Staff shall take the lead, coordinate with the Policy Department, General Political Department to guide the establishment of search and collection maps for martyrs' remains; build an information database system for search and collection maps for martyrs' remains; organize training, guidance, and transfer; perfect legal grounds for data in search and collection maps for martyrs' remains; manage, exploit, and utilize the information database for search and collection maps for martyrs' remains.

Section 2
ORGANIZATION OF FORCES

SEARCHING FOR AND COLLECTING THE REMAINS OF WAR MARTYRS

Article 9. National Steering Committee for Searching, Collecting, and Identifying Martyrs' Remains

1. The National Steering Committee 515 has tasks and powers as prescribed in Decision No. 515/QĐ-TTg dated May 10, 2018 of the Prime Minister on the reorganization of the National Steering Committee 515.

2. The Office of the National Steering Committee 515 has tasks, powers, organization, and operations as prescribed in Decision No. 2559/QĐ-BQP dated June 29, 2018 of the Minister of Defense on the establishment of the Office of the National Steering Committee 515.

Article 10. The Steering Committee for Searching, Collecting, and Identifying Remains of Martyrs at the Military Region Level

1. Authority: To be established by the Commander of the Military Region

2. Composition, including:

a) Chairman of the Steering Committee: Deputy Political Commissar of the Military Region;

b) Vice Chairmen of the Steering Committee, including: Permanent Vice-Chairman (Head of the Political Department of the Military Region); Vice-Chairman (Head of the Operations Department of the Military Region);

c) Members of the Steering Committee, including: Representatives of Heads of Departments: Logistics, Engineering; representatives of Heads of Offices (Bureaus): Policy, Cadres, Propaganda, Military Forces, Combat Operations, Finance, and Maps. Other members shall be decided by the Commander of the Military Region.

3. Tasks and Authorities of the Steering Committee

The Steering Committee 515 at the Military Region level is responsible for assisting the Commander and Political Commissar of the Military Region in managing, directing, guiding, and implementing work related to searching, collecting remains of martyrs within the assigned area, specifically:

a) Directing, guiding, implementing, and coordinating the cooperation between agencies, units, and localities in organizing the search, collection of remains of martyrs, and transferring remains of martyrs both domestically and internationally according to the assigned area;

b) Inspecting, urging, evaluating the results of organizing the search, collection of remains of martyrs, and transferring remains of martyrs; resolving difficulties in implementation according to authority; regularly reporting to the National Steering Committee 515 on the results of searching, collecting remains of martyrs within the assigned area;

c) Summarizing, concluding, drawing lessons from organizing the search, collection of remains of martyrs; proposing rewards for collectives and individuals with achievements in implementing tasks related to searching, collecting remains of martyrs, and transferring remains of martyrs.

4. Activities of the Steering Committee

a) The Chairman of the Steering Committee issues the Operational Regulations of the Steering Committee; assigns specific tasks to members of the Steering Committee;

b) The Steering Committee operates on a part-time basis;

c) The Chairman and Vice Chairmen of the Steering Committee sign and use the seal of the Military Region Command and their working agencies.

5. Permanent Office of the Steering Committee

The Political Department is the Permanent Office of the Steering Committee (The Policy Office is the main office assisting the Permanent Office of the Steering Committee) with the following responsibilities:

a) Drafting plans, providing guidance to assist the Steering Committee in inspecting units and localities in implementing tasks; compiling, reporting results, and preparing plans, contents for summarizing, concluding, and drawing lessons from organizing the search, collection of remains of martyrs within the Steering Committee's authority;

b) Monitoring and grasping situations; proactively coordinating with relevant agencies, units, and localities to resolve difficulties in implementation; guiding implementation and inspecting approved or proposed tasks;

c) Coordinating with financial agencies to prepare budgets ensuring funds for organizing the search, collection of remains of martyrs and activities of the Steering Committee as prescribed.

Article 11. The Steering Committee for Searching, Collecting, and Identifying Remains of Martyrs at the Provincial and Municipal Levels

Implemented in accordance with Clause 4, Article 139 of Decree No. 131/2021/NĐ-CP.

1. The Steering Committee for Searching, Collecting, and Identifying Remains of Martyrs with Missing Information at the Provincial and Municipal Levels (hereinafter referred to as the Provincial Steering Committee 515) directs and coordinates the activities of the Special Task Force and the Provincial Task Force to implement tasks related to searching, collecting, repatriating remains of martyrs in Laos and Cambodia within the assigned scope and tasks, in accordance with international practices.

2. The Provincial Military Command is the Permanent Office of the Steering Committee (the political department (policy) is the main office assisting the Permanent Office of the Provincial Steering Committee 515), with the following responsibilities:

a) Assisting the Provincial Steering Committee 515 in implementing and managing the organization of searching, collecting remains of martyrs within the assigned area;

b) Drafting plans, providing guidance to assist the Provincial Steering Committee 515 in inspecting units and localities in implementing tasks; compiling, reporting results, and preparing plans, contents for summarizing, concluding, and drawing lessons from organizing the search, collection of remains of martyrs within the Provincial Steering Committee 515's authority;

c) Monitoring and grasping situations; proactively coordinating with relevant agencies, units, and localities to resolve difficulties in implementation; guiding implementation and inspecting approved or proposed tasks;

d) Directing the financial agency to prepare budgets ensuring funds for organizing the search, collection of remains of martyrs and activities of the Provincial Steering Committee 515 as prescribed.

Article 12. Units assigned the task of searching for and collecting remains of烈士

1. Political agencies shall be responsible for advising and proposing the head of the unit to issue plans, guidelines for implementation, organizing the search and collection of remains of烈士according to the assigned area; compiling and reporting results; summarizing and concluding experiences.

2. Cooperate with relevant agencies, units, and localities to organize the search and collection of remains of烈士according to the assigned area.

3. Direct financial agencies to prepare budgets to ensure funding for the organization of searching for and collecting remains of烈士as prescribed.

Article 13. Forces for searching for and collecting remains of烈士

1. Specialized forces

a) Specialized forces for searching for and collecting remains of烈士are teams established by the Ministry of National Defense, managed and directed by agencies and units under the Ministry of National Defense; they carry out searches and collections of remains of烈士both domestically and internationally;

b) Organization, staffing, and equipment are regulated by the General Staff.

2. Temporary forces

a) Based on information about remains of烈士that need to be searched for and collected, agencies, units, and localities propose the organization of temporary forces (organization, staffing, and equipment), report to the Ministry of National Defense for consideration and decision-making to establish them;

b) The force consists of military personnel, workers, and defense officials from various agencies and units; it will be disbanded after completing its mission.

3. Guide forces, including: People who have accurate information about烈士's graves, in good health, directly guiding the search and collection of remains of烈士forces.

4. Protective forces, including: Organizations and individuals authorized by the competent authority at point a clause of this article, tasked with protecting the search and collection of remains of烈士forces during their mission execution in areas requiring protection.

5. Coordinating forces participating in searching for and collecting, including: Militia, self-defense, and civilian forces in the area mobilized by the competent authority at point a clause of this article, tasked with participating in searching for and collecting; under the command, assignment, and direction of the unit organizing the search and collection of remains of烈士.

6. The forces stipulated in clauses 3, 4, and 5 of this Article shall be requisitioned by the Chairman of the Provincial People's Committee or the Head of the Provincial Directive Board 515 when necessary based on the proposal of the Standing Office or the search and collection teams of remains of烈士and after obtaining the agreement of the Ministry of National Defense.

Section 3
ORGANIZATION OF ACTIVITIES

SEARCHING FOR AND COLLECTING REMAINS OF烈士

Article 14. Development of plans for searching for and collecting remains of烈士

1. Basis and requirements for developing plans

a) Basis for developing plans: Results of reviewing and perfecting烈士files; decoding symbols and unit designations in wartime; conclusions on search areas, mapping for searching and collecting remains of烈士; information about烈士and烈士graves from organizations and individuals both domestically and internationally;

b) Requirements for plans must clearly specify contents such as basis for developing plans; number of participants in searching and collecting; search and collection areas; estimated number of collected烈士remains; use of means and equipment; time frame; procedures and methods of implementation; budget estimates and other support work aspects;

c) Plans at provincial level and by units assigned to search for and collect烈士remains shall be consolidated in the plan of the Directive Board 515 at the Military Region level and subordinate units of the Ministry of National Defense.

2. Content of the plan

a) Objectives and requirements;

b) Content, components, time, location;

c) Support work;

d) Implementation organization.

3. Responsibilities for developing plans and approving plans

a) Provincial Military Command and equivalent bodies annually advise and assist the Provincial Directive Board 515 in developing plans, seek opinions from the Military Region Directive Board 515 before submitting to the Head of their own Directive Board for approval;

b) Political agencies of units assigned the task of searching for and collecting烈士remains develop plans to submit to the Head of the Military Region Directive Board 515 or the head of subordinate units of the Ministry of National Defense for approval;

In cases where new information about烈士and烈士graves both domestically and internationally is verified and concluded to be authentic by competent agencies and units, plans should be developed to organize the search and collection of烈士remains according to clauses 1 and 2 of this Article.

Article 15. Organization for Searching and Collecting Remains of Martyrs

1. Basis for Searching and Collecting Remains of Martyrs

Based on the general plan that has been approved, each phase and specific case must have detailed plans, which are approved by the Provincial Military Command or the political agency assigned the task of searching and collecting remains of martyrs before implementation.

2. Requirements for Searching and Collecting Remains of Martyrs

a) Assigning specific tasks to forces and units; preparing sufficient material resources, equipment, and means; closely coordinating with relevant agencies, units, and localities to ensure absolute safety for forces during the search and collection of remains of martyrs;

b) Organizing the search and collection of remains of martyrs strictly, openly, specifically, meticulously, carefully, safely, and in accordance with the customs and traditions of each locality; after the search and collection, unify with relevant agencies, units, and localities to establish conclusion documents and collection files for martyrs' graves.

3. Procedure for Conducting Searches and Collections of Remains of Martyrs

a) Determining the location to be searched and collected on-site;

b) Organizing mine detection, removal, and marking safe positions;

c) Comparing lists of martyrs and unit grave records (if available) with the locations of each grave on-site to determine the names and hometowns of martyrs;

d) Drawing diagrams of each grave and the burial area before searching and collecting remains of martyrs;

đ) Excavating, finding, and exhuming remains of martyrs (when discovering remains or relics of martyrs, take photographs for archival purposes);

e) Statistics the quantity and quality of remains and accompanying relics discovered;

g) Wrapping securely for preservation, numbering for management, and recording names (if there is information about the martyr's remains);

h) Establishing a file for searching and collecting remains of martyrs;

i) Leveling the ground and handing over to the organization or individual where the search and collection took place;

k) Transporting remains and relics of martyrs to the storage location;

l) Reporting according to regulations.

Article 16. Handling Results of Searching and Collecting Remains of Martyrs

1. For Individual Burials of Martyrs' Remains

After searching and collecting remains of martyrs, establish a file according to the guidance provided in Article 17 of this Circular; if information cannot be determined or is incomplete, the unit tasked with searching and collecting will cooperate with the provincial Department of Labor, Invalids, and Social Affairs to take samples for DNA testing to identify the identity of the martyr's remains.

2. For Collective Burials of Martyrs' Remains

a) When searching and collecting without accurately determining the number of martyrs' remains, identities, and relics of each martyr, the collected remains of martyrs shall be collectively interred in a collective grave (without separating individual sets of remains and inscribing individual martyrs' names unless there is sufficient basis for conclusion);

b) Based on lists of martyrs provided by units, localities, and former combatants who participated in battles in the area (if available) and management files, the Policy Bureau, General Political Department will coordinate with the People with Meritorious Service Bureau, Ministry of Labor, Invalids, and Social Affairs to review and unify the list to inscribe martyrs' names on the collective tombstone.

3. In cases where there are relics but no basis to confirm the information of martyrs, the unit tasked with searching and collecting will establish a collection file according to regulations, report to the Provincial Military Command or the commander of the unit assigned the task of searching and collecting remains of martyrs to coordinate with relevant agencies and units to verify and conclude; if there is sufficient basis to determine it is a martyr's grave and it is the first exhumation, then unify and hand over to the Department of Labor, Invalids, and Social Affairs for burial according to regulations. If verification and conclusion of information about martyrs and their graves cannot be made, report to the Steering Committee at various levels for consideration and resolution within their authority.

Article 17. Establishing Files for Remains of Martyrs Found and Collected

1. Requirements and Responsibilities

After being found and collected, the remains of martyrs must be documented in files for management; representatives of local authorities where the remains were found and collected, and commanders of units tasked with finding and collecting the remains of martyrs must sign to confirm.

2. The file for remains of martyrs found and collected shall include:

a) Information sheet on martyrs and martyrs' graves (Form No. 01);

b) Survey map and coordinates of information about martyrs' graves;

c) Map of the location of martyrs' graves;

d) Record of collection of martyrs' remains (Form No. 02);

đ) Photographs (color photographs) when discovering martyrs' remains and photographs of martyrs' remains and relics after exhumation;

e) Statistics on martyrs' remains and martyrs' relics (Form No. 03);

g) Related documents (grave markers, death certificates, etc.);

h) Index of the file for finding and collecting martyrs' remains.

In cases where the remains of martyrs are collected from abroad, the above-mentioned documents must be prepared in two languages (Vietnamese and the language of the host country).

3. The file for remains of martyrs found and collected as stipulated in Clause 2 of Article 17 of this Circular shall be established in two copies (one copy each retained by the agency or unit directly handing over and the agency or unit receiving the handover of martyrs' remains).

Section 4
HANDOVER OF REMAINS OF MARTYRS

Article 18. Content of Handover of Remains of Martyrs

1. The record of handover of remains of martyrs according to Form No. 81 in Appendix I of Decree No. 131/2021/NĐ-CP, along with the file, list of martyrs; the file for finding and collecting remains of martyrs as stipulated in Clause 2 of Article 17 of this Circular.

2. Handover of remains of martyrs and relics of each martyr (if any) as prescribed in Article 143 of Decree No. 131/2021/NĐ-CP.

Article 19. Parties Involved in Handover of Remains of Martyrs

1. For remains of martyrs collected within the country

a) Agency or unit handing over the remains of martyrs: Provincial Military Command or County Military Command, political agencies of units authorized by competent authorities to assign tasks of finding and collecting remains of martyrs; units directly implementing the task of finding and collecting remains of martyrs;

b) Agency or unit receiving the handover of remains of martyrs: Department of Labor, Invalids and Social Affairs at the place of collection or the place assigned to receive and bury the remains of martyrs; representatives of relatives of martyrs or persons entitled to receive funeral allowances for martyrs (if any).

2. For remains of martyrs collected outside the country

a) Agency or unit handing over the remains of martyrs: Political Department of Military Region; Provincial Military Command; units directly implementing the task of finding and collecting remains of martyrs outside the country;

b) Agency or unit receiving the handover of remains of martyrs: Department of Labor, Invalids and Social Affairs of the province assigned to receive and bury the remains of martyrs; representatives of relatives of martyrs or persons entitled to receive funeral allowances for martyrs (if any).

Article 20. Procedure for Handover of Remains of Martyrs

1. For remains of martyrs whose information has been identified

a) Units directly implementing the task of finding and collecting establish files and lists of martyrs whose information has been identified according to regulations; report to the Provincial Military Command or political agencies of units authorized by competent authorities to assign tasks of finding and collecting remains of martyrs;

b) The Provincial Military Command or political agencies of units authorized by competent authorities to assign tasks of finding and collecting remains of martyrs issue a letter requesting the Department of Labor, Invalids and Social Affairs of the hometown of martyrs to verify and provide information and wishes of relatives of martyrs;

c) The Department of Labor, Invalids and Social Affairs informs the results of verification, provision of information and wishes of relatives of martyrs regarding the reception and burial of remains of martyrs;

d) The Provincial Military Command or political agencies of units authorized by competent authorities to assign tasks of finding and collecting remains of martyrs develop a plan for handover of remains of martyrs; notify the locality where the reception will take place; organize the handover according to the guidance in Article 18 of this Circular.

2. In cases where the remains of martyrs have been identified but their information overlaps with that of martyrs' graves in martyrs' cemeteries, the Provincial Military Command or units assigned to find and collect remains of martyrs shall be responsible for coordinating with the Department of Labor, Invalids and Social Affairs, relevant agencies, units, localities, and relatives of martyrs involved to organize verification and conclusion. During the waiting period for the results of verification and conclusion, hand over to the Department of Labor, Invalids and Social Affairs at the place of collection or the place assigned to receive the remains of martyrs for burial according to regulations.

3. For remains of martyrs whose information has not been identified

Units directly implementing the task of finding and collecting establish files according to regulations, report to the Provincial Military Command or political agencies of units authorized by competent authorities to assign tasks of finding and collecting remains of martyrs for handover to the Department of Labor, Invalids and Social Affairs at the place of collection or the place assigned to receive the remains of martyrs.

Section 5
INTERNATIONAL COOPERATION IN FINDING AND COLLECTING REMAINS OF MARTYRS

Article 21. Contents of international cooperation on searching for and collecting remains of烈士

1. Collecting and processing information about martyrs and martyrs' graves.

2. Sharing experiences in searching for deceased military personnel who went missing or were unaccounted for during wars.

3. Exchanging and receiving material resources and equipment to serve the search and collection of martyrs' remains.

4. Coordinating to organize activities related to searching for and collecting martyrs' remains.

5. Other activities according to requirements of cooperation to serve the search and collection of martyrs' remains.

Article 22. Partners in relations and cooperation on searching for and collecting martyrs' remains

1. Countries with the remains of Vietnamese martyrs and information about Vietnamese martyrs.

2. Countries that directly participated in wars in Vietnam.

3. Countries with experience in searching for and collecting remains of deceased military personnel during wars.

4. Relevant organizations and individuals.

Article 23. Responsibilities for international cooperation on searching for and collecting martyrs' remains

The responsibilities of agencies and units in international cooperation shall be implemented in accordance with the guidance provided in Article 67 of Circular No. 152/2021/TT-BQP dated November 21, 2021 issued by the Minister of National Defense detailing certain provisions and guiding the implementation of Decree No. 22/2016/NĐ-CP dated March 31, 2016 of the Government on defense diplomacy.

Chapter III
IMPLEMENTING PROVISIONS

Article 24. Responsibilities of ministries, sectors, and localities

1. Ministries, sectors, and localities shall implement tasks prescribed in Article 141 of Decree No. 131/2021/NĐ-CP and tasks assigned in Decision No. 1515/QĐ-TTg dated September 14, 2021 of the Prime Minister regarding the issuance of the Plan for Searching for and Collecting Remains of Martyrs and Identifying the Identity of Remains of Martyrs Lacking Information until 2030 and subsequent years. 2. Directing subordinate agencies and units to carry out the contents guided by this Circular based on their functions and tasks.

Article 25. Responsibilities of agencies and units

1. General Political Department

a) Directing news agencies and press organs within the military to cooperate with central and local press organs to publicize the Party and State's policies on searching for and collecting martyrs' remains; mobilizing organizations, individuals, especially former soldiers, to provide information about martyrs and martyrs' graves.

b) Directing the Policy Bureau - Office of the National Steering Committee 515

To coordinate with functional agencies, study, advise, and propose the Ministry of National Defense to recommend the Government to adjust and supplement systems, policies, and funding to ensure for forces tasked with searching for and collecting martyrs' remains to meet mission requirements.

To develop and guide the implementation of the National Steering Committee 515's plan; direct and guide units to develop plans and implement the organization of searching for and collecting martyrs' remains; inspect and urge units and localities; compile and report results and prepare plans, content for mid-term and final reviews of organizing the search for and collection of martyrs' remains and handing over martyrs' remains.

To coordinate in preparing budgets and ensuring aspects for searching for and collecting martyrs' remains and handing over martyrs' remains both domestically and internationally.

To monitor situations, take the initiative to coordinate with relevant agencies, units, and localities to handle issues related to organizing the search for and collection of martyrs' remains and handing over martyrs' remains.

2. General Staff Department

a) Directing and guiding agencies and units to continue organizing and utilizing the results of decoding unit symbols and designations in wars to serve the search for and collection of martyrs' remains.

b) Issuing and implementing decisions within its authority on organizational structure, manpower, and technical equipment to serve the mission of searching for and collecting martyrs' remains.

c) Directing technical and tactical training, building combat readiness plans, and ensuring safety for forces and technical equipment directly performing the mission of searching for and collecting martyrs' remains.

d) Directing, coordinating, guiding, and inspecting the preparation of maps for searching for and collecting martyrs' remains.

3. Agencies and units under the Ministry of National Defense

In accordance with their functions and tasks, to coordinate in researching, advising, and proposing the Ministry of National Defense to guide and implement the organization of searching for and collecting martyrs' remains and handing over martyrs' remains.

In accordance with its functions and tasks, coordinate research, provide advisory recommendations to the Ministry of National Defense to guide and implement the organization of searching for, collecting the remains of revolutionary martyrs, and transferring the remains of revolutionary martyrs.

Article 26. Ensuring Funding for Searching and Collecting Remains of Martyrs

The work of ensuring funding for organizations and individuals performing tasks related to searching for and collecting remains of martyrs shall be carried out in accordance with Decision No. 75/2013/QD-TTg dated December 6, 2013 of the Prime Minister on the system of regulations, policies, and ensuring work for organizations and individuals performing tasks related to searching for and collecting remains of martyrs; Decision No. 35/2017/QD-TTg dated July 25, 2017 of the Prime Minister amending and supplementing certain articles of Decision No. 75/2013/QD-TTg dated December 6, 2013 of the Prime Minister on the system of regulations, policies, and ensuring work for organizations and individuals performing tasks related to searching for and collecting remains of martyrs; Circular No. 298/2017/TT-BQP dated December 1, 2017 of the Minister of National Defense guiding the implementation of the system of regulations, policies, and ensuring work for organizations and individuals performing tasks related to searching for and collecting remains of martyrs; other legitimate sources of funding in accordance with the provisions of law and the Ministry of National Defense. 1. This Circular takes effect from December 26, 2022 and replaces Circular No. 214/TT-BQP dated December 7, 2013 of the Minister of National Defense guiding the work of searching for and collecting remains of martyrs.

Article 27. Effective Date

2. In cases where normative legal documents cited in this Circular are amended, supplemented, or replaced, they shall be implemented according to the corresponding amended, supplemented, or replacing documents.

During the process of implementation, if there are any difficulties, agencies and units shall promptly reflect them to the Ministry of National Defense (through the Policy Department, General Political Department) for consideration and resolution./.

During the implementation process, if there are any difficulties, relevant agencies and units shall promptly report to the Ministry of National Defense (through the Policy Department, General Political Department) for consideration and resolution./.