Decree No. 89/2008/ND-CP guides the implementation of preferential treatment regimes for persons who were engaged in revolutionary activities before and from January 1, 1945 to before the August 19 Revolution 1945. The regime includes monthly allowances, supplementary allowances, funeral expenses, and one-time allowances for relatives when the revolutionary activist passes away.
Đối tượng áp dụng
Revolutionary activists before January 1, 1945 and from January 1, 1945 to before the August 19 Revolution 1945, and their relatives.
Các điểm cốt lõi
- Revolutionary activists before January 1, 1945 → receive monthly allowances and supplementary allowances from the date of the decision recognizing them; upon death, their relatives receive funeral expenses and one-time allowances (three months of allowances, supplementary allowances) or a lump-sum allowance (50 million VND for children, 10 million VND for those performing ancestral rites).
- Revolutionary activists from January 1, 1945 to before the August 19 Revolution 1945 → receive monthly allowances; upon death, their relatives receive funeral expenses and one-time allowances (25 million VND for children, 10 million VND for those performing ancestral rites).
- Monthly pension or monthly maintenance pension for the father, mother, spouse, child under 18 years old, or over 18 years old if still continuing education, and severely disabled children since childhood, whose ability to work has been reduced by 61% or more after the expiration of the allowance period.
- Monthly maintenance pension for the father, mother, spouse living alone without support, orphaned children under 18 years old, or over 18 years old if still continuing education, and severely disabled orphaned children since childhood, whose ability to work has been reduced by 61% or more after the expiration of the allowance period.
- The funding for implementing the payment of allowances is guaranteed by the central budget.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Revolutionary activists and their relatives enjoy preferential treatment and economic support.
- Negative impact: The cost for the central budget increases.
❓ Câu hỏi thường gặp
How do revolutionary activists before January 1, 1945 benefit from preferential treatment?
Revolutionary activists before January 1, 1945 receive monthly allowances and supplementary allowances from the date of the decision recognizing them. Upon death, their relatives receive funeral expenses and one-time allowances (three months of allowances, supplementary allowances) or a lump-sum allowance (50 million VND for children, 10 million VND for those performing ancestral rites).
How do revolutionary activists from January 1, 1945 to before the August 19 Revolution 1945 benefit from preferential treatment?
Revolutionary activists from January 1, 1945 to before the August 19 Revolution 1945 receive monthly allowances. Upon death, their relatives receive funeral expenses and one-time allowances (25 million VND for children, 10 million VND for those performing ancestral rites).
Who is entitled to monthly pension or monthly maintenance pension?
Monthly pension or maintenance pension is granted to the father, mother, spouse, child under 18 years old, or over 18 years old if still continuing education, and severely disabled children since childhood, whose ability to work has been reduced by 61% or more after the expiration of the allowance period.
Who is entitled to monthly maintenance pension?
Monthly maintenance pension is granted to the father, mother, spouse living alone without support, orphaned children under 18 years old, or over 18 years old if still continuing education, and severely disabled orphaned children since childhood, whose ability to work has been reduced by 61% or more after the expiration of the allowance period.
Who guarantees the funding for implementing the payment of allowances?
The funding for implementing the payment of allowances is guaranteed by the central budget.
Toàn văn
DECREE
Guidelines for Implementing the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Preferential Treatment for Those Contributing to the Revolution
Chapter I: Preferential Treatment for Individuals Engaged in Revolutionary Activities Before January 1, 1945
_________________________________
THE GOVERNMENT
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Preferential Treatment for Those Contributing to the Revolution;
Considering the proposal of the Minister of Labor, Invalids, and Social Affairs,
DECREE:
Article 1. 1. Monthly allowance and monthly supplementary allowance from the date of the decision recognizing such status.
2. Daily People's Newspaper subscription and cultural activities appropriate to the living conditions of the place of residence.
3. When individuals engaged in revolutionary activities before January 1, 1945 die, their dependents shall enjoy preferential treatment as follows:
a) Individuals engaged in revolutionary activities before January 1, 1945 who were enjoying preferential treatment as stipulated in Point 2, Clause 1, Article 1 of the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Preferential Treatment for Those Contributing to the Revolution (hereinafter referred to as the Ordinance) and died shall have the funeral organizer receive funeral expenses; dependents shall receive a one-time allowance equal to three months' allowance and supplementary allowance that the individual was receiving prior to death.
b) In cases where individuals engaged in revolutionary activities before January 1, 1945 had already died without enjoying the preferential treatment stipulated in Point 2, Clause 1, Article 1 of the Ordinance, dependents shall receive a one-time allowance:
+ The father, mother, spouse, or child (in cases where the parents or spouse are no longer alive) of individuals engaged in revolutionary activities before January 1, 1945 shall receive a joint one-time allowance, with the amount of the allowance being 50 million VND.
+ In cases where individuals engaged in revolutionary activities before January 1, 1945 did not have a spouse, the one-time allowance shall be provided to the person performing the ancestral worship, with the amount of the allowance being 10 million VND.
c) The father, mother, spouse, or child under 18 years old or over 18 years old if still continuing education, or a child with severe disabilities from a young age who, upon expiration of the allowance period, still suffer a reduction in working capacity of 61% or more shall receive a monthly pension allowance.
d) The father, mother, spouse, or child under 18 years old or over 18 years old if still continuing education, or an orphaned child with severe disabilities from a young age who, upon expiration of the allowance period, still suffer a reduction in working capacity of 61% or more shall receive a monthly maintenance allowance.
4. Other preferential treatments shall be implemented according to the provisions of Articles 30 and 31 of Decree No. 54/2006/NĐ-CP dated May 26, 2006 of the Government guiding the implementation of certain provisions of the Ordinance on Preferential Treatment for Those Contributing to the Revolution.
Chapter II: Preferential Treatment for Individuals Engaged in Revolutionary Activities from January 1, 1945 to Before the August 19, 1945 General Uprising
Article 2. 1. Monthly allowance from the date of the decision recognizing such status.
2. Daily People's Newspaper subscription and cultural activities appropriate to the living conditions of the place of residence.
3. When individuals engaged in revolutionary activities from January 1, 1945 to before the August 19, 1945 General Uprising die, their dependents shall enjoy preferential treatment as follows:
a) Individuals engaged in revolutionary activities from January 1, 1945 to before the August 19, 1945 General Uprising who were enjoying preferential treatment as stipulated in Point 2, Clause 2, Article 1 of the Ordinance and died shall have the funeral organizer receive funeral expenses; dependents shall receive a one-time allowance equal to three months' allowance and supplementary allowance that the individual was receiving prior to death.
b) In cases where individuals engaged in revolutionary activities from January 1, 1945 to before the August 19, 1945 General Uprising had already died without enjoying the preferential treatment stipulated in Point 2, Clause 2, Article 1 of the Ordinance, dependents shall receive a one-time allowance:
+ The father, mother, spouse, or child (in cases where the parents or spouse are no longer alive) of individuals engaged in revolutionary activities from January 1, 1945 to before the August 19, 1945 General Uprising shall receive a joint one-time allowance, with the amount of the allowance being 25 million VND.
+ In cases where individuals engaged in revolutionary activities from January 1, 1945 to before the August 19, 1945 General Uprising did not have a spouse, the one-time allowance shall be provided to the person performing the ancestral worship, with the amount of the allowance being 10 million VND.
d) The father, mother, spouse, or child under 18 years old or over 18 years old if still continuing education, or an orphaned child with severe disabilities from a young age who, upon expiration of the allowance period, still suffer a reduction in working capacity of 61% or more shall receive a monthly maintenance allowance.
d) The father, mother, spouse, or child under 18 years old or over 18 years old if still continuing education, or an orphaned child with severe disabilities from a young age who, upon expiration of the allowance period, still suffer a reduction in working capacity of 61% or more shall receive a monthly maintenance allowance.
This Decree replaces Article 1 and Article 2 of Chapter I of Decree No. 54/2006/NĐ-CP dated May 26, 2006 of the Government guiding the implementation of certain provisions of the Ordinance on Preferential Treatment for Those Contributing to the Revolution.
Chapter II: Preferential Treatment for Individuals Engaged in Revolutionary Activities from January 1, 1945 to Before the August 19, 1945 General Uprising
Article 3. Effectiveness
This Decree shall take effect fifteen days after its publication in the Official Gazette.
1. The Ministry of Labor, Invalids and Social Affairs shall coordinate with relevant agencies to guide procedures and documents for implementing the benefits prescribed in this Decree.
Article 4. Responsibilities for Implementation
2. The funds for paying allowances to the subjects prescribed in this Decree shall be guaranteed by the central budget.
The Ministry of Finance shall prepare the budget estimate for implementing the one-time allowance prescribed in Article 1 and Article 2 of this Decree and submit it to the competent authority for decision in accordance with the State Budget Law.
3. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of Provincial People's Committees directly under the Central Government are responsible for implementing this Decree./.
3. The 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 implementing this Decree./.
PRIME MINISTER
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