Ms. Nguyen Thi Bien's complaint is incorrect.

(Baonghean)Ms. Nguyen Thi Bien, residing in Hamlet 6, Dien Binh Commune, Dien Chau District, filed a complaint regarding the suspension of her husband Doan Van Giao's survivor's benefit.

The case she filed a complaint about was initially resolved by the Chairman of the People's Committee of Dien Chau District with Decision No. 975/QD-CT.UBND dated April 11, 2013, but she disagreed with it. On April 16, 2014, the Provincial People's Committee issued Official Letter No. 1531/QD-UBND regarding the resolution of Ms. Nguyen Thi Bien's complaint.

On December 27, 2012, the People's Committee of Dien Chau District issued Decision No. 3625/QD-UBND on the establishment of an inspection team to resolve the complaint regarding the temporary suspension of the martyr's survivor's benefit for Ms. Nguyen Thi Bien.

On April 11, 2013, the Chairman of the People's Committee of Dien Chau District issued Decision No. 975/QD-UBND regarding the resolution of Ms. Nguyen Thi Bien's complaint, concluding as follows:

1. The Department of Labor, War Invalids and Social Affairs of Dien Chau District is tasked with advising the Dien Chau District People's Committee to revoke Death Certificate No. 01 dated November 19, 1996, issued by the Dien Chau District People's Committee concerning Mr. Doan Van Giao, Dien Binh Commune, Dien Chau District, Nghe An Province.

2. We request that the Department of Labor, War Invalids and Social Affairs of Nghe An Province suspend the martyr's death benefit of Ms. Nguyen Thi Bien, Hamlet 6, Dien Binh Commune, Dien Chau District, Nghe An Province.

Ms. Nguyen Thi Bien disagreed with Decision No. 957/QD-UBND dated April 11, 2013, of the People's Committee of Dien Chau District and filed a complaint with the Chairman of the People's Committee of Nghe An Province for consideration and resolution.

Upon investigation, it was found that Mr. Doan Van Giao, as well as other cases, did not meet the criteria for recognition as a martyr, so the Department of Labor, War Invalids and Social Affairs temporarily suspended the payment of survivor benefits to Ms. Bien from October 2004. Therefore, Ms. Bien only received the martyr's survivor benefits from January 1, 1995, to September 30, 2004, totaling 117 months with an amount of 12,142,000 VND (twelve million one hundred and forty-two thousand dong).

Currently, three of the witnesses who testified in support of Mr. Doan Van Giao have passed away, so the task force is unable to proceed with the verification.

At the same time, based on the provisions of the law:

Based on Article 11, Section 11 of Government Decree 28/CP dated April 29, 1995, detailing and guiding the implementation of some articles of the Ordinance on preferential treatment for revolutionary activists, martyrs and their families, wounded soldiers, sick soldiers, resistance fighters, and those who have contributed to the revolution: "Martyrs as defined in Article 7 of the Ordinance are those who have sacrificed their lives in one of the following cases:

1. Fighting the enemy or directly serving in combat.

2. Directly engage in political struggle and military mobilization against the enemy.

3. Revolutionary activities and resistance movements resulted in capture and torture by the enemy, but the individuals refused to surrender, resolutely fought back, and carried out escapes from prison, ultimately sacrificing their lives.

4. Fulfilling international obligations.

5. Combating all types of crime.

6. Courageously perform urgent tasks serving national defense and security; courageously save people and protect state and people's property.

7. Death due to illness or accident while performing national defense and security duties in particularly difficult and arduous areas (where a special salary allowance of 100% is provided).

8. War invalids or those entitled to benefits similar to war invalids who die due to a recurrence of their wounds, as confirmed by the primary healthcare facility or hospital where they received treatment, and deemed deserving by the local authorities or managing unit.

Conclude:

- Mr. Doan Van Giao, residing in Dien Binh commune, Dien Chau district, Nghe An province, participated in dredging the N27 siphon canal in Dien Binh commune, Dien Chau district, and was killed by a cluster bomb explosion on October 17, 1970. This was an accidental death while working on irrigation projects for agricultural production, unrelated to national defense or security, and therefore does not qualify him for martyr status.

- Ms. Nguyen Thi Bien complained that the Chairman of the People's Committee of Dien Chau District issued Decision No. 975/QD-UBND dated April 11, 2013, regarding the resolution of her complaint, claiming that her complaint was incorrect.

Based on the results of the verification and relevant documents.

Decision:

Article 1. Ms. Nguyen Thi Bien, residing in Hamlet 6, Dien Binh Commune, Dien Chau District, is found to have filed a complaint against Decision No. 975/QD-CT.UBND dated April 11, 2013, issued by the Chairman of the People's Committee of Dien Chau District. This complaint is unfounded.

Article 2. Complaints shall be resolved as follows:

1. Assign to the Director of the Department of Labor, War Invalids and Social Affairs of Nghe An province:

- This notice informs the family of Mr. Doan Van Giao in Dien Binh, Dien Chau district, Nghe An province, that payments related to his benefits will be discontinued.

- Revoke two Decisions No. 344/QD-CSNCC regarding the issuance of certificates for the payment of martyr's death benefits to Ms. Nguyen Thi Bien, residing in Hamlet 6, Dien Binh Commune, Dien Chau District, Nghe An Province (One Decision signed on December 20, 1996, and one Decision signed on May 20, 1997).

2. The Chairman of the People's Committee of Dien Chau District is assigned to implement the following:

- Revoke and annul Death Certificate No. 01 dated November 19, 1996, for Mr. Doan Van Giao of Dien Binh commune, Dien Chau district, Nghe An province, and other documents issued by the State related to Mr. Doan Van Giao.

- Recover the wrongly disbursed survivor's benefits to Ms. Nguyen Thi Bien from January 1, 1995, to October 30, 2004, totaling VND 12,142,000, and deposit it into the provincial escrow account opened at the Provincial State Treasury (Account No. 394101068597).

Article 3. This Decision shall take effect 30 days from the date of signing and promulgation.

If she disagrees with this complaint resolution decision, Ms. Nguyen Thi Bien has the right to file an administrative lawsuit in court in accordance with the law.

Article 4. The Chief of the Provincial People's Committee Office, the Director of the Department of Labor, War Invalids and Social Affairs, the Chief Inspector of the Province, the Chairman of the Dien Chau District People's Committee, the Chairman of the Dien Binh Commune People's Committee, Ms. Nguyen Thi Bien, and other relevant organizations and individuals are responsible for implementing this decision.

Provincial People's Committee