Regime for resistance fighters infected with toxic chemicals

(Baonghean) -*Mr. Tran Van Hau, Thanh Van commune, Thanh Chuong asked:I was a resistance fighter and was exposed to toxic chemicals and am receiving level 2 benefits and have not yet been diagnosed with a reduction in my ability to work due to illness. After December 31, 2013, I will have to switch to receiving benefits for people with a reduction in their ability to work from 41-60%. I would like to be assessed to receive a higher level of benefits but I am still wondering whether my benefits will be reduced or cut?

Reply:According to the provisions of Decree No. 31/2013/ND-CP dated April 9, 2013 and Circular No. 05/2013/TT-BLDTBXH dated May 15, 2013, after the assessment results are available, the Department of Labor, War Invalids and Social Affairs must adjust the allowance according to the assessment results. In case the rate of labor capacity reduction is from 21 to 40%, your allowance will be reduced. If the rate is below 21%, your allowance will be cut. Therefore, you need to consider carefully before requesting an assessment. Especially in cases where the previous records only showed a few minor, unclear diseases such as: skin diseases, rashes, hair loss, numbness in limbs... you should not go for an assessment.

*Mr. Nguyen Van Bac, Nghi Trung commune, Nghi Loc asked:In the case of war invalids and sick soldiers who have established a profile of resistance fighters infected with toxic chemicals according to Circular No. 08/2009/TT-BLDTBXH and have been concluded by the Medical Examination Council to have a labor capacity reduction rate of 81% due to toxic chemicals, how will the benefits be transferred after December 31, 2013? Are they entitled to receive benefits for resistance fighters infected with toxic chemicals with a labor capacity reduction rate of 81%?

Reply:According to the guidance of Circular No. 08/2009/TT-BLDTBXH, war invalids and sick soldiers do not have to assess the rate of reduced working capacity due to toxic chemicals. Therefore, if the Medical Assessment Council concludes that the rate of reduced working capacity is not in accordance with regulations and is not valid. For these cases, according to the provisions of Circular No. 05/2013/TT-BLDTBXH dated May 15, 2013, after December 31, 2013, they will still receive war invalid or sick soldier benefits. For chemical toxic allowances, they will be transferred to the level of people with reduced working capacity from 41% - 60% as in cases where the rate of reduced working capacity has not been determined.

QA