New points of the Ordinance on Preferential Treatment for People with Revolutionary Contributions

Decree 131/2021/ND-CP dated December 30, 2021 of the Government (hereinafter referred to as Decree 131) provides details and measures for implementationNCC OrdinanceThere are many new points. Decree 131 has 8 Chapters and 185 Articles. The new point of Decree 131 is the specific and detailed regulations on conditions, standards, basis for determination, records, procedures, authority, order of settlement, recognition and time of enjoying preferential treatment for each group of NCC subjects.

Here are some new points of Decree 131:

1.Conditions and criteria for recognizing revolutionary activists before January 1, 1945:

There is one new point: Documents, procedures for recognition and settlement of preferential treatment: Individuals submit applications to the People's Committee of the commune; the People's Committee of the commune sends the competent authority (Ministry, branch or City Party Committee, Provincial Party Committee) to issue a recognition decision. Then the Department of Labor, Invalids and Social Affairs issues a decision to enjoy.

2. Martyrs and martyrs' relatives:

- Conditions and criteria for recognizing martyrs: Different from Decree No. 31/2013/ND-CP and Circular 05/2013/TTBLDTBXH, recognition is not considered for cases of illness in extremely difficult areas but have been treated at provincial hospitals or higher, or illness in other places and have been treated but not cured but still transferred to work in extremely difficult areas.

-Documents and procedures for recognizing martyrs:The new point has an additional regulation to organize a nationwide campaign to learn from exemplary people in cases of sacrifice and injury, which are: Especially brave in saving people, saving state and people's property, or preventing and arresting criminals, being an exemplary person with meaningful honor, education, and spreading widely in society.

-Documents and procedures for resolving preferential allowances for relatives of martyrs:Individuals make a declaration certified by the People's Committee of the commune where they permanently reside and send it to the Department of Labor, Invalids and Social Affairs where the martyrs' records are managed, along with a certified copy of the "Fatherland's Gratitude" Certificate and one of the required documents to make a decision on enjoyment.

(Unlike Decree No. 31/2013/ND-CP and Circular 05/2013/TT-BLDTBXH, individuals submit applications to the Department of Labor, Invalids and Social Affairs instead of the previous individuals submitting applications to the People's Committee at the commune level, the People's Committee at the commune level submitting applications to the Department of Labor, Invalids and Social Affairs, and the Department of Labor, Invalids and Social Affairs submitting applications to the Department of Labor, Invalids and Social Affairs)

- The person who has the merit of raising the martyr must be 16 years of age or older and have the ability to work or have the financial means to raise the martyr.

-Documents and procedures for resolving preferential treatment for wives or husbands of martyrs who marry another man or woman: The new point includes the regulation that it must be proven that due to revolutionary activities, there were no conditions to take care of the martyrs' biological parents when they were alive. Attached is a certified copy of one of the following documents proving that the reason is due to revolutionary activities: cadre's resume; party member's resume; military resume; social insurance records; other papers and documents issued and confirmed by competent authorities during the time of participating in the revolution.

New point about the regime: Enjoy health insurance.

3. Recognition of martyrs for those who died in war:

-Regarding the subjects; basis for establishing records for recognizing martyrs; records and procedures for recognizing those who died or went missing but were not in the military or police: Same asDecree No. 31/2013/ND-CP and Circular 28/2013/TTLT-BLDTBXH-BQP.

- There are 2 completely new points compared to previous regulations including:

+ Documents and procedures for granting the Certificate of "Fatherland's Gratitude" to those who have sacrificed but have not been granted the Certificate of "Fatherland's Gratitude" and whose relatives have received preferential treatment from December 31, 1994 or earlier.

+ Documents and procedures for granting the Certificate of "Fatherland's Gratitude" to those who died in the cases specified in Article 14 of the Ordinance but have not been granted the Certificate of "Fatherland's Gratitude" and whose relatives have been granted preferential treatment from January 1, 1995 to September 30, 2006.

4. Documents and procedures for resolving martyr worship regime (TCLS):

- Documents: Application form. Authorization letter (replacing the previous authorization letter). Certified copy of the Certificate of Merit.

-Settlement procedure: In case the martyr has no relatives who are eligible for monthly allowance. If the martyr still has relatives: The individual submits an application to the Commune People's Committee so that the Commune can forward it to the Department of Labor, Invalids and Social Affairs.

- The authorized person of TCLS or the agency or unit assigned to TCLS is determined as follows:

+In case the martyr still has relatives, the beneficiary of the TCLS allowance is the person authorized in writing by the martyr's relatives to undertake TCLS.

+ In case the martyr's relative only has children, if the martyr has many children, the beneficiary of the TCLS allowance is the person authorized by the remaining children; if the martyr has only one child or only one child is still alive, there is no need to make a written authorization.

+ In case the martyr's child assigns another person to perform the TCLS, the beneficiary of the TCLS allowance is the person authorized by the martyr's child.

+ In case the martyr has no relatives or only one relative but that person has limited capacity to act, lost capacity to act, resides abroad or cannot determine the place of residence, the beneficiary of the TCLS allowance is the person authorized by the persons specified in Point b, Clause 1, Article 651 of the Civil Code. In case these persons are no longer alive, they will be authorized by the persons specified in Point c, Clause 1, Article 651 of the Civil Code.

+ In case the authorized person cannot be identified, the Department of Labor, Invalids and Social Affairs shall issue a decision on TCLS allowance to the People's Committee of the commune where the martyr resided before participating in revolutionary activities.

If it is not possible to determine the commune where the martyr resided before participating in revolutionary activities, the agency or unit that issued the certificate of sacrifice shall be assigned to perform the ritual of offering incense to the martyr according to local customs.

5. War invalids and people enjoying policies like war invalids:

There are 02 new points about beneficiaries compared to Decree 31/2013/ND-CP:

+ People performing national defense and security duties in enemy-occupied areas, war zones, and areas adjacent to enemy-occupied areas.

+ People who directly fight political and organized military struggles with the enemy.

The new point specifies more clearly the following cases: Particularly brave in saving people, saving property of the State, of the people or preventing and arresting people who commit crimes, being an example of honor, education, and spreading widely in society. To be recognized as a war invalid in this case, the following factors must be ensured:

a) Fully aware of the danger and urgency of the situation.

b) Take the initiative to perform exceptionally brave acts, accepting self-sacrifice.

c) To protect important interests of the State, the lives and legitimate interests of the People or to prevent and arrest people who have committed particularly serious crimes.

d) Being a role model with meaningful honor, education, and widespread dissemination in society, being awarded a Medal and having the state management agency for meritorious people organize a nationwide campaign to learn from the role model.

Other cases follow previous regulations.

- Documents and procedures for receiving an additional allowance for war invalids who are also sick soldiers: Individuals submit an application to the Department of Labor, Invalids and Social Affairs (will receive both war invalids and sick soldiers benefits at the same time instead of previously having to meet conditions to receive benefits).

-Documents and procedures for resolving benefits for war invalids who are enjoying disability benefits: Same as war invalids who are also sick soldiers (will enjoy both disability and disability benefits).

- Recognition of war invalids for those injured in war:The subjects are wounded revolutionaries in the cases specified in Points a, b, c, d, dd Clause 1 Article 23 of the Ordinance during the resistance wars against France, against the US, performing international duties in Laos and Cambodia, hunting down Ful-ro, participating in the Northern border war, the Southwestern border war, who have not yet been recognized as war invalids or people enjoying policies like war invalids.

- Basis for establishing records for recognition of war invalids and people enjoying policies like war invalids: Basis for proving that the injured person has recorded a specific revolutionary participation process as follows:

a) People who participated in the revolution and then continue to work at state agencies must have a certified copy of one of the following documents: cadre resume; party member resume; military resume; demobilization, discharge, or termination decision; social insurance records or other documents issued by competent authorities from December 31, 1994 or earlier.

b) A revolutionary participant who later does not continue to work at a state agency must have a certified copy of one of the following documents: A record of commendation summarizing achievements in the resistance war or one of the Prime Minister's decisions on the regime for those who participated in the resistance war against France; against the US; participated in the war to protect the Fatherland, performed international duties in Cambodia, and helped Laos.

6. Resistance fighters infected with toxic chemicals:

- Decree 131 adds new regulations ontResponsible for decoding the code of the Provincial Military Command for cases where the area of ​​operation is not clearly shown.

7. People who participated in resistance wars, protected the Fatherland, and performed international duties and were captured and imprisoned by the enemy:

-Benefit level: New benefit points According to Decree 75/2021/ND-CP: living resistance fighters: 0.3 times the standard level/seniority (standard level: 1,624,000 VND). Deceased resistance fighters: 1.5 times the standard level.

Other preferential regimes supplemented by regulations: Exemption or reduction of land use fees according to regulations. Support for housing improvement according to regulations. Relatives of resistance fighters who die without receiving a one-time subsidy will be entitled to funeral expenses.

8. Benefits when a meritorious person passes away:

Documents and procedures for receiving funeral allowance: Different from Decree No. 31/2013/ND-CP and Circular 05/2013/TT-BLDTBXH, in the case of a person who participated in the resistance war to liberate the nation, protect the Fatherland and perform international duties and has not yet received a one-time allowance but dies, a certified copy of one of the following documents must be attached:

+ Resistance Medal, Victory Medal, Resistance Medal, Victory Medal or certificate of wearing medal, medal sent to the People's Committee of the commune where the death certificate is issued.

+ Decision to award the Resistance Medal, Victory Medal, Resistance Medal, Victory Medal.

+ Certificate of commendation summarizing achievements in the resistance war and actual time of resistance war activities from the Emulation and Commendation agency at district level or higher.

- In case a person who has contributed to the revolution has not yet received preferential allowance and dies, a certified copy of one of the following documents must be attached: Certificate of Commemorative Medal "Fatherland's Gratitude", Certificate of "Contribution to the Country" before the August Revolution in 1945; Resistance Medal; Resistance Medal. Decision to award the Resistance Medal, Resistance Medal. Certificate of commendation summarizing the achievements in the resistance war and the process of participating in assisting the revolution by the Emulation and Commendation agency at district level or higher for cases where the name is not included in the following documents: Certificate of Commemorative Medal "Fatherland's Gratitude", Certificate of "Contribution to the Country" before the August Revolution in 1945; Resistance Medal; Resistance Medal, but the name is included in the commendation file.

9. War invalids and people enjoying policies like war invalids have their bodily injury assessed:

New point: Class B disabled soldiers have a body injury rate of 21% or more (instead of the previous class B disabled soldiers not being re-evaluated)

New points about the examination and assessment conditions: War invalids with special recurrent wounds (Special wounds are: Amputation or complete paralysis of two or more limbs; complete blindness in both eyes; severe mental illness leading to inability to control daily activities)

Examination and appraisal records and procedures: The basis is the same as the regulations in Circular 05/2013/TT-BLDTBXH. However, the only difference in the appraisal records is that the individual sends the dossier to the Department of Labor - Invalids and Social Affairs and the Department of Labor - Invalids and Social Affairs sends the Ministry of Labor - Invalids and Social Affairs to ask for opinions (instead of before, the Department would advise the Provincial People's Committee to send a document to the Ministry of Labor - Invalids and Social Affairs).