Decision No. 92/2005/QĐ-TTg On implementing the regime for military personnel who are ethnic minorities belonging to Military Region 7, Military Region 9, participating in the resistance war against America, returning to their home provinces before January 10, 1982

DECISION OF THE PRIME MINISTER

Regarding the implementation of benefits for ethnic minority military personnel from Military Zones 7 and 9 who participated in the anti-American resistance struggle and returned to their home regions before January 10, 1982

PRIME MINISTER

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

Pursuant to the Ordinance on Preferential Treatment for Revolutionary Activists, Martyrs, and Families of Martyrs, War Invalids, Veterans, Anti-War Activists, and Those Who Have Contributed to the Revolution issued on August 29, 1994, and Decree No. 28/CP dated April 29, 1995 of the Government guiding the implementation of this Ordinance;

Upon the proposal of the Minister of National Defense,

DECISION:

Article 1.

1. Implement the veteran benefits regime for ethnic minority military personnel from the areas of Military Zone 7 and Military Zone 9 who joined the army during the anti-American resistance period, returned to their home regions before the issuance of the Law on Military Service and the Law on Officers of the Vietnam People's Army (January 10, 1982), have not yet enjoyed social insurance benefits, war invalid allowances, discharge allowances, separation allowances, or allowances for those affected by chemical toxins; after returning to their home regions, they did not join organizations opposing the government and people, did not commit serious criminal offenses, and currently suffer from illness resulting in a loss of working capacity of 61% or more due to one of the following circumstances:

a) Engaging in activities in combat zones;

b) Engaging in activities in particularly difficult and harsh areas for three years or more;

c) Engaging in activities in particularly difficult and harsh areas for less than three years but having served in the Vietnam People's Army for over ten years;

d) Having worked in the Vietnam People's Army for fifteen years or more.

If the subjects specified in Clause 1 of this Article suffer from illness resulting in a loss of working capacity below 61%, they shall be implemented according to the provisions of Decision No. 595/TTg dated December 15, 1993 of the Prime Minister regarding the regime for military personnel and public security personnel upon discharge.

Article 2. The allowance system for the subjects specified in Article 1 of this Decision shall be implemented from the date the competent authority signs the decision to issue the war invalid certificate or discharge decision.

Article 3.

1. The funds for paying allowances to the subjects mentioned in Clause 1 of Article 1 of this Decision shall be sourced from the budget allocated for implementing the Ordinance on Preferential Treatment for Those Who Have Contributed to the Revolution, guaranteed by the central budget.

2. The funds for paying allowances to the subjects mentioned in Clause 2 of Article 1 of this Decision shall be included in the annual state budget plan announced by the Ministry of National Defense.

Article 4. The Ministry of National Defense shall take the lead and coordinate with the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Finance to provide detailed guidance on the implementation of this Decision; direct the organization of file preparation and issuance of decisions in accordance with regulations for the subjects to ensure compliance with standards and regimes; transfer to the Labor, Invalids and Social Affairs sector for policy implementation.

Article 5. This Decision takes effect fifteen days from the date of publication in the Official Gazette.

Article 6. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of Provincial People's Committees related to this matter are responsible for enforcing this Decision./.