Decree No. 88/2011/ND-CP on the treatment and policies for families of non-commissioned officers and conscripts on active duty

Article 1. Scope of application

This Decree stipulates the regime and policies for the families and relatives of non-commissioned officers and conscripts on active duty including: father, mother; father-in-law, mother-in-law; husband, wife; legitimate adopted children; legitimate adopted children of non-commissioned officers and conscripts serving on active duty.

Article 2. Benefits for the families and relatives of non-commissioned officers and conscripts on active duty

1. Students who are legitimate or legally adopted children of non-commissioned officers and conscripts shall be exempt from tuition fees when studying at public or private preschool educational institutions in accordance with the provisions of Government Decree No. 49/2010/NĐ-CP dated May 14, 2010 on exemption, reduction of tuition fees, support for learning expenses, and mechanisms for collecting and using tuition fees for educational institutions under the national education system from the academic year 2010-2011 to the academic year 2014-2015.

2. The families and relatives of non-commissioned officers and conscripts on active duty shall be entitled to emergency hardship assistance in the following cases:

a) In case the family of non-commissioned officers and conscripts suffers accidents, fires, natural disasters leading to house collapse, floating houses, house fires, or the family has to relocate their residence, they shall be entitled to emergency hardship assistance of VND 2,000,000 per person per occurrence.

b) Father, mother; father-in-law, mother-in-law; legitimate adoptive parents; husband, wife; legitimate adopted children suffering from illness for one month or more, or hospitalized for seven days or more shall be entitled to emergency hardship assistance of VND 500,000 per person per occurrence.

The emergency hardship assistance regime prescribed in points a and b of this clause shall be implemented not more than twice a year for each individual.

c) Father, mother; father-in-law, mother-in-law; legitimate adoptive parents; husband, wife; legitimate adopted children who die, go missing shall be entitled to emergency hardship assistance of VND 1,000,000 per person.

1. The funding for the implementation of the policy on exemption and subsidy of tuition fees shall be guaranteed by the state budget in accordance with the provisions of the law on the decentralization of budget management.

The financial resources to implement the regime and policies prescribed in this Decree shall be guaranteed by the State budget in accordance with the provisions of the Law on State Budget.

Article 4. Implementation provisions

1. The Ministry of National Defense shall take the lead and coordinate with the Ministry of Finance to guide the implementation of this Decree; prepare the budget and pay out the emergency hardship assistance regime prescribed in this Decree.

2. The Ministry of Finance shall have the responsibility to coordinate with the Ministry of National Defense in the work of preparing and implementing the State budget according to the provisions of the Law on State Budget to ensure the implementation of the regime and policies prescribed in this Decree.

3. Those individuals falling within the scope prescribed in Article 1 of this Decree shall cease to enjoy the benefits when non-commissioned officers and conscripts cease to serve on active duty, sacrifice, die, or violate discipline resulting in the revocation of military rank.

4. Those individuals who engage in acts that distort or forge documents shall be subject to disciplinary action or criminal prosecution and must compensate for losses (if any) in accordance with the provisions of the law, depending on the nature and degree of violation.

Article 5. Effective Date

This Decree takes effect from November 15, 2011 and replaces Government Decree No. 106/2007/NĐ-CP dated June 22, 2007 on the regime and policies for families of non-commissioned officers and conscripts on active duty.

Article 6. Responsibility for Implementation

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