Support people with revolutionary contributions in housing

(Baonghean) -* Ask:I am the grandson of Mr. Dinh Van Thuan and Mrs. La Thi Thuan - a Vietnamese Heroic Mother whose only son died in the army during the resistance war against the US. In 1995, the State built a house of gratitude for the family. In 2003, Mr. and Mrs. Thuan passed away. Currently, I am taking care of and worshiping their house (Mr. Dinh Van Thuan is my grandmother's brother), but because the house has been built for a long time, it has deteriorated. Now I am applying to repair the house for them, will the State support the cost?(Mr. Vi Van Hoi - residing in Cam Lam commune, Con Cuong district).

Reply:In Article 2, Decision 22/2013/QD-TTg dated April 26, 2013 of the Prime Minister on "Support for people with meritorious services to the revolution in housing" stipulates the subjects and conditions for housing support, Mr. Vi Van Hoi is not a "relative" of Ms. La Thi Thuan (deceased Vietnamese Heroic Mother), so he is not entitled to housing support according to the policies of the Party and the State. Because according to Point 1, Article 4, Decree 31/2013/ND-CP dated April 9, 2013 of the Government detailing the implementation of a number of articles of the Ordinance on Incentives for People with Meritorious Services to the Revolution, "relatives" of people with meritorious services include: biological father, biological mother, wife or husband, children (biological children, adopted children). Relatives of martyrs are also those who have contributed to raising martyrs.

* Ask:During my medical leave, the company director decided to terminate my employment on the grounds that I was not healthy enough to continue working. I want to appeal the decision, but because I am receiving medical treatment far away, can I authorize my younger brother to appeal? What does the law stipulate about the rights and obligations of a complainant?(Bui Dinh Son - Nghia Binh - Nghia Dan)

Reply:According to regulations, the rights and obligations of the complainant are stipulated in Article 12 of the Law on Complaints 2011:

1. The complainant has the following rights:

a) Complain yourself.

In case the complainant is a minor or a person lacking civil act capacity, their legal representative shall make the complaint; in case the complainant is sick, old, has a physical disability or for other objective reasons cannot make the complaint himself/herself, he/she shall authorize his/her father, mother, wife, husband, brother, sister, adult child or other person with full civil act capacity to make the complaint;

b) Ask a lawyer for legal advice or authorize a lawyer to file a complaint to protect your legitimate rights and interests.

In case the complainant is a person entitled to legal aid according to the provisions of law, he/she may ask a legal aid officer for legal advice or authorize a legal aid officer to file a complaint to protect his/her legitimate rights and interests;

c) Participate in dialogue or authorize a legal representative to participate in dialogue;
d) To know, read, photocopy, and copy documents and evidence collected by the complaint handler to resolve the complaint, except for information and documents that are state secrets;

d) Request relevant individuals, agencies and organizations that are storing and managing information and documents related to the complaint content to provide such information and documents to them within 07 days from the date of request for submission to the complaint handler, except for information and documents that are state secrets;

e) Request the complaint handler to apply urgent measures to prevent possible consequences from the implementation of the complained administrative decision;

g) Provide evidence of the complaint and explain your opinion on that evidence;

h) Receive written response on complaint settlement and receive decision on complaint settlement;

i) Have their infringed legitimate rights and interests restored; be compensated for damages according to the provisions of law;

k) File a second complaint or file an administrative lawsuit at the Court in accordance with the provisions of the Law on Administrative Procedure;

l) Withdrawal of complaint.

In this case, he has the right to authorize his adult brother to appeal the decision to dismiss him. The authorization must be made in writing and confirmed by the People's Committee of the commune, ward or town where he resides.

QA