Suspension of policy benefits for Mr. Tran Quyet Thang (Thanh Ha)

(Baonghean.vn) - On July 4, 2014, in Conclusion No. 134/KL-TTg, the Department of Labor, Invalids and Social Affairs concluded the content of the accusation against Mr. Tran Quyet Thang - Deputy Chief of Thanh Ha Commune Police, Thanh Chuong District.

Accordingly, the Deputy Chief of Thanh Ha Commune Police, Mr. Tran Quyet Thang, was accused by citizens of not participating in the Youth Volunteer Force and making a file that was incorrect for Youth Volunteer Force to enjoy the war invalid regime. On March 21, 2014, the Director of the Department of Labor, Invalids and Social Affairs issued Decision No. 240/QD-LDTBXH on accepting and resolving the complaint and establishing a team to verify the content of the complaint; on May 21, 2014, issued Decision No. 339/QD-LDTBXH on extending the time limit for resolving the complaint of citizens against Mr. Tran Quyet Thang.

Conclusion 134/KL-TTr of the Department of Labor, Invalids and Social Affairs concluded the content of the accusation against the Deputy Head of Thanh Ha Commune Police, Mr. Tran Quyet Thang

Based on Mr. Tran Quyet Thang's disability record and the results of verifying the content of the accusation, comparing with Decree No. 28/CP dated April 29, 1995 and Joint Circular No. 16/1999/TTLT-BLDTBXH-TWĐTNCSHCM, the Director of the Department of Labor, Invalids and Social Affairs concluded:

1. Mr. Tran Quyet Thang's disability record was established not in accordance with the provisions of Circular No. 16/1999/TTLT-BLDTBXH-TWĐTNCSHCM dated July 6, 1999 of the Ministry of Labor, Invalids and Social Affairs and the Central Committee of the Ho Chi Minh Communist Youth Union guiding the implementation of policies for youth volunteers who completed their tasks in the resistance war, because:

a. The witness, Ms. Ton Thi Lien, was not in the same unit as Mr. Tran Quyet Thang, did not directly witness Mr. Thang's injury, did not know whether Mr. Thang participated in the Youth Volunteer Force or not, did not know which unit, and did not know whether he was injured or not. According to the provisions of Point 3.2, Clause 3, Section I, Joint Circular No. 16/1999/TTLT-BLDTBXH-TWĐTNCSHCM dated July 6, 1999, Ms. Ton Thi Lien is not qualified to testify for Mr. Thang.

b. The documents in Mr. Thang's disability record have inconsistent contents stating the enlistment and discharge dates such as: Injury Certificate No. 89 CN/TĐ dated February 19, 2003 stating enlistment from June 12, 1976 to June 30, 1975; Mr. Tran Quyet Thang's application for disability examination stating enlistment date June 12, 1972, discharge date June 30, 1972; Mr. Tran Quyet Thang's work history declaration of former Youth Volunteer Soldier stating enlistment date June 12, 1972, discharge date June 30, 1975.

Through Mr. Thang's two explanations to the Verification Team, there were discrepancies in the time of enlistment, discharge, and treatment time when injured.

c. In 2001, Mr. Tran Quyet Thang filed a request to resolve the policy for beneficiaries as war invalids, while Ms. Phan Thi Loan (the second witness - PV) was still alive (Ms. Loan died in 2008), but Mr. Thang did not give Ms. Loan herself to write on the "Certificate of injury" and "Witness declaration" but asked Ms. Le Thi Quy to write on her behalf, which was invalid and not in accordance with the provisions of Joint Circular No. 16/1999/TTLT-BLDTBXH-TWĐTNCSHCM.

2. Witnesses provided by Mr. Thang (after havingThe complaint) did not go to the Youth Volunteer Force, did not witness Mr. Thang being injured while on duty, so there is no basis to prove that Mr. Tran Quyet Thang went to the Youth Volunteer Force and was injured.

3. Nghe An Provincial Youth Union did not carefully review the records when issuing injury certificate No. 89 CN/TD dated February 19, 2003 to Mr. Tran Quyet Thang, leading to the date of Mr. Thang's participation in the Youth Volunteer Force in the injury certificate being incorrect compared to the documents declared by Mr. Thang and the witness in the records.

Thus, the citizen's complaint is well-founded, Mr. Tran Quyet Thang is not eligible to enjoy the policy benefits as a war invalid according to Joint Circular No. 16/1999/TTLT-BLDTBXH-TWĐTNCSHCM dated July 6, 1999 of the Ministry of Labor, Invalids and Social Affairs and the Central Committee of the Ho Chi Minh Communist Youth Union.

- Assign the Department of Meritorious People to advise the Director of the Department of Labor, Invalids and Social Affairs to issue a Decision to suspend the policy for disabled people for Mr. Tran Quyet Thang from July 1, 2014. Calculate the amount of money that Mr. Thang received incorrectly from March 1, 2003 to June 30, 2014.

- Assign the Head of the Department of Labor, Invalids and Social Affairs of Thanh Chuong district to collect the amount of money that Mr. Thang received in violation of regulations and submit it to the state budget, and at the same time revoke Mr. Thang's Certificate of beneficiary of policies as war invalids and submit it to the Department of Labor, Invalids and Social Affairs before July 20, 2014.

Ha Giang