Instructions on the process and procedures for resolving pending applications for confirmation of meritorious people

(Baonghean.vn) - On June 12, 2017, the Steering Committee for confirming meritorious people in Nghe An province had Document No.328/HD-BCĐXNNCC on instructions on procedures for handling pending applications for confirmation of meritorious people. The contents are as follows:

Pursuant to Decision No. 408/QD-LDTBXH dated March 20, 2017 of the Ministry of Labor, War Invalids and Social Affairs promulgating the process for handling backlog of requests for confirmation of meritorious people and Plan No. 240/KH-UBND dated May 4, 2017 of the People's Committee of Nghe An province on handling backlog of requests for confirmation of meritorious people in Nghe An province

Based on the proposal of the Department of Labor - Invalids and Social Affairs at the meeting of the Steering Committee for confirming meritorious people of the province on June 5, 2017;

The Provincial Steering Committee for Confirmation of Meritorious People guides the implementation of procedures for resolving pending applications for confirmation of meritorious people in the province, specifically as follows:

I. Concept, objects and implementation principles

1. Concept: Backlogged files requesting confirmation of meritorious people are files that were established before July 1, 2013 in accordance with regulations at each time but still lack documents and procedures, or files that were fully established but due to policy changes have not been considered and resolved by competent authorities.

2. Object

a) Applicable subjects:

- In addition to martyrs, war invalids, and people enjoying policies like war invalids as prescribed in Decision No. 408/QD-LDTBXH dated March 20, 2017 of the Ministry of Labor - War Invalids and Social Affairs and Plan No. 240/KH-UBND dated May 4, 2017 of the People's Committee of Nghe An province.

- The Provincial Steering Committee for Confirming Meritorious People requests districts, cities and towns to review and consider resolving all subjects who have made applications for resolving the regime for meritorious people as prescribed in the Ordinance on preferential treatment for meritorious people in the province.

b) Non-applicable subjects:

- Desertion, surrender, betrayal, repatriation;

- Currently serving a prison sentence, life imprisonment or convicted of one of the crimes against national security;

- Being stripped of military title, people's police title, militia title, forced to quit job;

- Cases that have been concluded by competent authorities as not meeting the conditions for recognition of people with revolutionary contributions such as: The deceased has a document from a competent authority concluding that they are not meeting the conditions for recognition as martyrs or have been granted the regime of martyrs, deceased soldiers, work-related accidents, or war accidents; The injured have a document from a competent authority concluding that they are not meeting the conditions for recognition as war invalids, people enjoying policies like war invalids or have been granted the regime of work-related accidents or war accidents.

For example: All cases that have established a dossier requesting confirmation of martyrs, war invalids, and beneficiaries of policies like war invalids according to the provisions of a number of documents such as Joint Circular No. 18/1991/TTLB-BLDTBXH-BQP dated December 31, 1991, Circular No. 16/1998/TTLT-BLDTBXH-BQP-BCA dated November 25, 1998, Circular No. 16/1999/TTLT-BLDTBXH-TWĐTNCSHCM dated July 6, 1999, Circular No. 27/1999/TT-BLDTBXH (declaration dossier in the form of 02 witnesses) although they have been introduced for medical examination and the Medical Examination Council has concluded, but were inspected and checked to stop implementing the regime according to Directive No. 14 of 1997 of the People's Committee of Nghe An province and according to the conclusion not implementing the regime of the Department of Meritorious People, Ministry of Labor - Invalids and Social Affairs,...

3. Implementation principles:

a) The review and settlement of pending applications for confirmation of meritorious people must be conducted strictly and seriously, ensuring legal requirements on subjects, standards, and conditions; procedures must be considered and applied specifically for each case, in accordance with historical circumstances, while actively seeking and exploiting all sources of information and all well-founded bases to serve the confirmation of meritorious people.

b) The settlement of pending applications for confirmation of meritorious people must be carried out in the locality where the subject participated in the revolution or resided before participating in the revolution (in case of escape activities). In case the meritorious person or the person who prepared the application has moved to another locality, the locality where the application was previously prepared is responsible for considering and resolving the backlog, and not transferring the application to the new place of residence to resolve the backlog.

c) Promote the responsibility of Party committees, authorities, individuals and related organizations, especially veteran revolutionary cadres, pre-uprising cadres, comrades and teammates who worked together, and opinions of the community, while promoting the role of mass media agencies in making transparent the results of handling records.

d) Ensure democracy, publicity and transparency. Especially at the review step at the grassroots level, create favorable conditions for people to participate in supervision.

II. File classification

Based on the number of existing records that are under the responsibility of the locality to resolve, they are classified as follows: Eligible records (completed records); records that can be completed for consideration and resolution; ineligible records.

1. Eligible files: are files that have complete documents and procedures in accordance with the provisions of legal documents at the time of file establishment but have not been confirmed for settlement due to policy changes.

2. Files that can be completed for consideration and settlement: are files that lack some documents and procedures according to regulations but can be completed and supplemented to be recognized. For this type of file, it is necessary to clarify what types of documents need to be supplemented, which agencies issued them, or what points need to be verified in the file to be able to conclude whether it is eligible or not eligible for confirmation of settlement.

3. Ineligible documents: are documents and procedures in the documents that do not meet the standards and conditions for confirming the subject of a person with revolutionary contributions according to the provisions of law.

III. Approval process

1. For the person requesting confirmation of meritorious person

- If the file is complete, send it to the Commune-level Meritorious People Confirmation Council.

- If the dossier is not complete, the subject needs to supplement one of the following documents and legal basis to prove the time of participating in the revolution, resistance war, being injured, sacrificed, etc.; There is a commitment from the declarant requesting confirmation of meritorious people confirmed by the People's Committee at the commune level.

For example: A resistance war participant who was a frontline laborer had a profile established before July 1, 2013, but the profile lacks some documents and procedures that can be completed in accordance with the provisions of legal documents at the time of profile establishment, but due to policy changes, it has not been confirmed, then one of the following documents must be supplemented: Decision, list of the People's Committee at the commune or district level, other relevant documents, Party history, cadre history of the resistance war participant himself or his father, mother, wife, husband, children (biological children, legally adopted children) who declared before January 1, 1995, showing the mobilization to be a frontline laborer. If the relevant papers and documents state that he or she was injured but do not specifically state the physical injury, the District People's Committee shall direct the district-level medical agency to inspect and make a record of the physical injury; If there are still metal fragments in the body, follow Clause 2, Article 6 of Joint Circular No. 28/2013/TTLT-BLDTBXH-BQP dated October 22, 2013 between the Ministry of Labor - Invalids and Social Affairs and the Ministry of National Defense on guidelines for confirming martyrs, war invalids, and beneficiaries of policies like war invalids who no longer have documents.

2. Organizing review at commune level:

Step 1: Organize a meeting of the people at the block, hamlet, and village level to collect people's opinions on each file by secret ballot; make a meeting record with a list of files that the people agree with, without any questions, complaints or denunciations (according to form No. 1 - Minutes of the meeting to collect people's opinions).

Step 2: Organize the public posting of the list at the headquarters of the Commune People's Committee and in the block, hamlet, and village; at the same time, announce it on local radio for at least 15 days. Make a record of the public posting with a list of files that have no questions, complaints, or denunciations (according to form No. 2 - Minutes summarizing the results of the public posting of the Commune People's Committee).

Step 3: Organize a meeting of the Council for confirming meritorious people at the commune level; invite representatives of the Steering Committee for confirming meritorious people at the district level to attend the meeting.

At the meeting, the members attending the meeting must be fully informed of each file, participate in giving opinions and voting on each case. Minutes must be made, clearly recording each opinion, along with a list of cases that were unanimously approved (according to form No. 3 - Minutes of the meeting of the Council to confirm people with outstanding public service at the commune level).

Step 4: Based on the Council's review results for eligible applications and must have high consensus; the Commune People's Committee shall have a written report and attach all documents to send to the District People's Committee (through the Department of Labor, War Invalids and Social Affairs).

For dossiers that are not qualified and still have problems and do not have high consensus, continue to verify, clarify and consolidate evidence; in case the verification fails to collect evidence, there is not enough basis and conditions for confirmation, the Chairman of the Commune People's Committee shall notify the relatives and subjects of the conclusion clearly stating the reasons why each dossier is not qualified for confirmation and end the dossier establishment.

3. Review organization at district level:

Step 1: Before organizing the District Steering Committee meeting, the Department of Labor, War Invalids and Social Affairs checks and classifies the records:

- The profile has sufficient basis for submission.

- The file must be further verified such as: documents and papers in the file have conflicting points; the witness does not have documents reflecting the operation process or the documents are unclear,...

- The application is not eligible for submission.

For records that require further verification: organize verification or request competent authorities, agencies issuing conflicting papers and documents to conduct verification.

Step 2: Hold a meeting of the Steering Committee to confirm meritorious people to review each file, make a record of the review (according to form No. 4 - Minutes of the meeting of the Steering Committee to confirm meritorious people with outstanding status). All members must hear a full report of the contents of each file, discuss and vote on each case. At the same time, give opinions on cases that need further verification.

Step 3: Based on the minutes of approval of the Steering Committee, the Chairman of the District People's Committee shall issue a certificate of injury or a death certificate for cases under its authority (if the dossier does not yet have a death certificate or a certificate of injury) according to the provisions of Point d, Clause 2, Article 18 and Point d, Clause 2, Article 28 of Decree 31/2013/ND-CP dated April 9, 2013 of the Government detailing and guiding the implementation of a number of articles of the Ordinance on preferential treatment for people with revolutionary contributions. For dossiers requesting recognition of beneficiaries of policies as war invalids, in which physical injuries are recorded, the Chairman of the District People's Committee shall direct the district health agency to examine the physical injuries and make a record of inspection (according to Form No. 5 - Record of physical injury inspection) before issuing the certificate of injury. The authority to issue injury certificates and death certificates of the Chairman of the District People's Committee is the subjects of management, including: frontline workers, guerrillas, local self-defense forces, cooperative members mobilized to directly fight or serve in combat,...

Step 4: In case the dossier is not under the authority of the district level to issue death certificates or injury certificates, a document shall be sent to the competent authority as prescribed in Clause 2, Article 18 and Clause 2, Article 28 of Decree 31/2013/ND-CP dated April 9, 2013 of the Government detailing and guiding the implementation of a number of articles of the Ordinance on preferential treatment for people with revolutionary contributions.

- In case of reviewing the request for confirmation as a Youth Volunteer, if under the management of the Ministry of Transport, the Steering Committee for confirmation of meritorious people at the district level will receive, synthesize and transfer the dossier to the Ministry of Transport to issue a certificate of injury and a death certificate; if under the management of other agencies and units, it will be transferred to the Department of Home Affairs to submit to the Chairman of the Provincial People's Committee to issue a certificate of injury and a death certificate.

- For files under the responsibility of the Military and Police, the files will be transferred to the Provincial Military Command and the Provincial Police to proceed with the next steps. After completion, the Provincial Military Command and the Provincial Police will transfer the files to the Provincial Steering Committee (through the Department of Labor, Invalids and Social Affairs).

Step 5: The People's Committees of districts, cities, towns, and competent authorities issuing death certificates and injury certificates transfer the completed dossiers to the Department of Labor, War Invalids and Social Affairs (through the Department of Meritorious People).

For dossiers that are not qualified and still have problems and do not have high consensus, continue to verify, clarify and consolidate evidence; in case the verification fails to collect evidence, there is not enough basis and conditions for confirmation, the Chairman of the District People's Committee shall notify the relatives and subjects of the conclusion clearly stating the reasons why each dossier is not qualified for confirmation and end the dossier establishment.

4. Organization and implementation of review are the responsibility of the provincial level.

Step 1: After receiving the dossiers transferred by the district level and competent authorities, the Department of Labor, War Invalids and Social Affairs is responsible for classifying the dossiers: Eligible dossiers; dossiers requiring further verification; Ineligible dossiers; researching, examining and making a summary for each type of dossier.

The verification team will verify and clarify the unclear or contradictory contents in the records, through: verifying the direct statements of witnesses with the contents in the records, or supplementing information and evidence from archival research, to serve the consideration of the proposal at the first meeting of the Provincial Steering Committee.

Step 2: At the first Steering Committee meeting, after listening to the report of the Department of Labor, War Invalids and Social Affairs, the participating members will consider and give specific opinions on each case.

- For completed documents, specifically identify which cases agree to request recognition and which cases do not agree.

- For files that still have unclear or contradictory content that needs further clarification, the responsibility will be assigned to the Verification Team or the competent authority responsible for verification.

- For incomplete records: Specify the content that needs to be verified and the completion time for the responsible management agency to supplement and complete.

- For ineligible applications: There is a clear conclusion on the reasons for each case and the competent authority is assigned to respond.

Step 3: The assigned agencies complete the dossier or the verification team implements the implementation; after completing the task, the dossier is transferred to the Department of Labor - Invalids and Social Affairs to continue researching and reviewing and reporting to the Steering Committee to organize the second meeting.

Step 4: Publicize and collect information

- For cases that have been unanimously approved by the Provincial Steering Committee to request confirmation of people with revolutionary contributions, the organization shall post on the electronic information page and on the Provincial Newspaper, Radio and Television Station, at least 3 times within 15 days for cadres, party members and people to follow and continue to give opinions (according to form No. 6 - Content publicly posted on the Provincial Website; Provincial Newspaper, Radio and Television Station).

- The Department of Labor, War Invalids and Social Affairs is the presiding agency, responsible for receiving and synthesizing feedback from cadres, party members and people to report to the Steering Committee (according to form No. 7 - Summary table of results of collecting opinions on the media).

Step 5: Based on the public results for records with no questions, complaints or denunciations, the Department of Labor - Invalids and Social Affairs will synthesize a report to the Provincial People's Committee to issue a document requesting confirmation of people with revolutionary contributions, and send it to the Ministry of Labor - Invalids and Social Affairs (through the Department of People with Meritorious Services).

For records under the confirmation authority of the Army and Police, follow the next steps as prescribed by the Army and Police.

Step 6: For ineligible records that still have problems and do not have high consensus, continue to verify, clarify, and consolidate evidence; in case the verification fails to collect evidence, there is not enough basis and conditions for confirmation, the Department of Labor - Invalids and Social Affairs, the Military Command, and the Provincial Police will notify the relatives and subjects of the conclusion clearly stating the reasons why each record is ineligible for confirmation and end the record establishment.

* Note: The Steering Committee and the Council for Confirming Meritorious People at all levels hold public meetings. The meeting minutes are only valid when at least 80% of the members attend the meeting and sign the minutes agreeing to request confirmation. Absent members are asked for their opinions in writing.

IV. Number and procedures for preparing documents

1. Quantity: 02 sets of documents/subject.

2. Application procedure:

- In addition to the unified forms specified in this instruction, the forms specified in Circular No. 05/2013/TT-BLDTBXH dated May 15, 2013 of the Ministry of Labor - Invalids and Social Affairs guiding on procedures, records management, implementation of preferential treatment for people with revolutionary contributions and relatives, including: Death certificate (Form LS 1); Verification form (LS 2); Declaration of the situation of relatives of martyrs (Form LS 4); Certificate of injury (Form TB 1).

- In addition, based on the actual situation of each file, other Minutes may be used as required for verification, investigation, information collection, and evidence consolidation, including:

+ Verification report.

+ Excerpt from archives.

+ Other evidence documents....

V. Implementation time

All pending applications for confirmation of meritorious people in the province must be reviewed and completed for resolution in 2017. Specifically:

- Commune level: Complete the review, classification, approval, and completion of the dossier and have a written report of the results sent with all the dossiers to the People's Committees of districts, cities, and towns before August 30, 2017.

- District level: Complete the reception, classification, verification, approval, completion of records and have a written report of results sent with all records to the Provincial People's Committee (through the Department of Labor, Invalids and Social Affairs) before October 15, 2017.

- Provincial level: Complete the reception, classification, verification, public collection of profile information, complete the profile and send a written request to the Ministry of Labor, Invalids and Social Affairs for consideration and settlement according to regulations before December 30, 2017.

* Note: Implementation time at all levels according to the progress specified in this instruction. Longer than Plan No. 240/KH-UBND dated May 4, 2017 of the People's Committee of Nghe An province on resolving backlog of requests for confirmation of meritorious people in Nghe An province, due to the expansion of the subjects to resolve backlog of requests for confirmation of meritorious people.

VI. Implementation

1. Steering Committee for confirming meritorious people at provincial level

The Provincial Steering Committee for Confirming Meritorious People shall carry out the tasks assigned in Decision No. 1779/QD-UBND dated May 4, 2017 of the People's Committee of Nghe An province on the establishment of the Steering Committee for Confirming Meritorious People in Nghe An province and Plan No. 240/KH-UBND dated May 4, 2017 of the People's Committee of Nghe An province on resolving the backlog of requests for confirmation of meritorious people in Nghe An province.

2. People's Committees of districts, cities and towns

- Organize propaganda and implementation of the contents of Decision No. 408/QD-LDTBXH dated March 20, 2017 of the Ministry of Labor, War Invalids and Social Affairs promulgating the process for handling backlog of requests for confirmation of meritorious people; Plan No. 240/KH-UBND dated May 4, 2017 of the Provincial People's Committee on handling backlog of requests for confirmation of meritorious people in Nghe An province and this instruction on mass media, disseminate through training courses, meetings, conferences to departments, unions at district level and People's Committees of communes, wards and towns.

- Based on the content of Plan No. 240/KH-UBND dated May 4, 2017 of the Provincial People's Committee on resolving pending applications for confirmation of meritorious people in Nghe An province and this instruction, the People's Committees of districts, cities and towns develop specific plans to deploy, review and resolve pending applications for confirmation of meritorious people in districts, cities and towns. Direct communes, wards and towns to seriously implement.

- Strengthen the Steering Committee for confirming meritorious people at the district level and direct the People's Committees of communes, wards and towns to strengthen the Council for confirming meritorious people at the commune level according to the instructions in Plan No. 240/KH-UBND dated May 4, 2017 of the Provincial People's Committee on resolving the backlog of requests for confirmation of meritorious people in Nghe An province.

- Direct, organize the review, reception, classification of documents and organize approval according to the provisions of this guide, ensuring transparency and publicity.

3. People's Committees of communes, wards and towns

- Organize propaganda and information on the loudspeaker system of communes, wards and towns; organize and disseminate to agencies, departments, mass fronts and all people in the area about policies, viewpoints and methods of implementing the review and settlement of outstanding records of meritorious people in the locality so that people know and at the same time monitor the implementation right from the grassroots level.

- Strengthen and perfect the Council for confirming meritorious people at the commune level according to the instructions in Plan No. 240/KH-UBND dated May 4, 2017 of the Provincial People's Committee.

- Organize the review, reception, classification, verification of records, organize the review and completion of records of meritorious people remaining in the area and request competent authorities to consider and resolve according to the provisions of this guide to ensure transparency and publicity.

The above are the implementation instructions and procedures for handling backlog of requests for confirmation of meritorious people in the province. Based on these instructions, the member departments of the Provincial Steering Committee for Confirmation of Meritorious People, the People's Committees of districts, cities and towns shall proactively develop plans and strictly implement them and report the results to the Provincial People's Committee (through the Department of Labor, War Invalids and Social Affairs) according to regulations./.

TM.STEERING COMMITTEE

PREFECT

(Signed)

Le Minh Thong

Vice Chairman of Provincial People's Committee