The Provincial People's Committee handles complaints and denunciations.

(Baonghean)On March 18, 2013, the People's Committee of Nghe An province issued Official Letter 877/QD-UBND regarding the resolution of the complaint of Mr. Nguyen Trung Cong, residing in Hamlet 5, Dien Phuc commune, Dien Chau district, Nghe An province (second time). The complaint stated: He requested the resolution of the issue of chemical poisoning allowance that the State had already paid him monthly since 2002, but the People's Committee of Dien Chau district and the People's Committee of Dien Phuc commune had paid it to Mr. Nguyen Hong Cong, Phuc Thiem hamlet, Dien Phuc commune. Mr. Nguyen Trung Cong requested the People's Committee of Dien Chau district to return the chemical poisoning allowance he received from 2002 to the present.

After conducting a factual verification, the Provincial People's Committee concluded:

Mr. Nguyen Trung Cong had a file for receiving benefits as a victim of chemical poisoning, established in October 2002 in accordance with Decision No. 26/2000/QD-TTg of the Prime Minister. The Dien Chau District People's Committee and the Dien Chau District Department of Labor, War Invalids and Social Affairs notified and processed his monthly allowance from 2002 to June 2004, which was contrary to the law because: According to Decision No. 26/2000/QD-TTg of the Prime Minister on certain benefits for those who participated in the resistance war and their children who were exposed to chemical toxins used by the US during the Vietnam War, one cannot simultaneously receive both the war invalid benefit and the chemical poisoning benefit. At that time, Mr. Nguyen Trung Cong was receiving the war invalid benefit, therefore he was not entitled to the chemical poisoning benefit.

Since July 2004, according to Decision No. 120/2004/QD-TTg dated July 5, 2004, of the Prime Minister, war invalids and those exposed to chemical toxins are entitled to both benefits, but must meet the condition that they participated in the resistance war and have children with deformities or disabilities. The implementation period started in July 2004 (when Decision No. 120/2004/QD-TTg dated July 5, 2004, of the Prime Minister was issued), but the Organization and Labor Department of Dien Chau District did not notify Mr. Nguyen Trung Cong to supplement and complete his application, nor did it verify whether his child had deformities or disabilities. Instead, they continued to pay monthly allowances in Mr. Nguyen Trung Cong's name. However, in reality, Mr. Nguyen Trung Cong did not receive the aforementioned subsidy. The People's Committee and the Policy Board of Dien Phuc commune paid this subsidy to Mr. Nguyen Hong Cong in Phuc Thiem hamlet, Dien Phuc commune, which is against regulations.

- Mr. Nguyen Trung Cong has four children, none of whom have deformities or disabilities. According to the regulations in Decision No. 120/2004/QD-TTg dated July 5, 2004, of the Prime Minister, Government Decree No. 54/2006/ND-CP, and Circular No. 07/2006/TT-BLDTBXH dated July 26, 2006, of the Ministry of Labor, Invalids and Social Affairs, Mr. Nguyen Trung Cong does not meet the conditions to receive benefits for victims of chemical poisoning.

Therefore, Mr. Nguyen Trung Cong's complaint, requesting state agencies to settle and pay the chemical poisoning allowance from 2002 to the present, is unfounded.

According to the monthly allowance payment list, only the name "Nguyen Trung Cong" and Nguyen Trung Cong are listed, but not his name (Nguyen Hong Cong). However, Mr. Nguyen Hong Cong still received chemical poisoning allowance from October 2002 to October 2010, amounting to 37,158,000 VND, which is against regulations.

Officials of the Dien Phuc Commune People's Committee deliberately committed fraud, exploiting documents belonging to Mr. Nguyen Trung Cong (Mr. Nguyen Trung Cong is not the biological father of Nguyen Minh Duc) to illegally grant Nguyen Minh Duc (the biological son of Mr. Nguyen Hong Cong) benefits for victims of chemical poisoning from October 2002 to November 2012, amounting to 33,802,000 VND.

Based on the above, the Provincial People's Committee has decided:

Article 1: Mr. Nguyen Trung Cong's request for the settlement of chemical poisoning benefits from 2002 to the present is unfounded, as he does not meet the eligibility requirements for chemical poisoning benefits.

Article 2: The complaint shall be resolved as follows:

1. Mr. Nguyen Hong Cong must repay the amount of 37,158,000 VND for receiving benefits incorrectly from October 2002 to October 2010 (the period when payments were temporarily suspended). Nguyen Minh Duc must repay the amount of 33,802,000 VND for receiving benefits incorrectly from October 2012 to November 2012.

2. Assign to the Director of the Department of Labor, War Invalids and Social Affairs:

The chemical poisoning allowance for Nguyen Minh Duc (son of Mr. Nguyen Hong Cong), Phuc Thiem hamlet, Dien Phuc commune, Dien Chau district, is suspended from December 2012.

- Announcement regarding the termination of the chemical poisoning allowance under the name Nguyen Trung Cong from the monthly allowance payment list of Dien Phuc commune, Dien Chau district.

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

a) Recover the amount of VND 70,960,000 that was wrongly disbursed to Mr. Nguyen Hong Cong (from October 2002 to October 2010) and his grandson Nguyen Minh Duc (from October 2002 to November 2012) and deposit it into the temporary holding account (Account 3941.0.1068597) opened at the State Treasury of Nghe An province pending further action by the province.

b) Transfer the case file to the Dien Chau District Police Investigation Agency for handling according to the law regarding violations related to the preparation of documents for the implementation of the chemical poisoning allowance scheme by Mr. Nguyen Trung Cong, residing in Hamlet 5, Dien Phuc Commune, Dien Chau District, and the payment of allowances to Mr. Nguyen Hong Cong (from October 2002 to October 2010) and his grandson Nguyen Minh Duc (from October 2002 to November 2012) in violation of the law, causing a loss of 70,960,000 VND to the state budget.

Article 3: This decision shall take effect 30 days from the date of signing. If Mr. Nguyen Trung Cong disagrees with this complaint resolution decision, he has the right to file an administrative lawsuit in court in accordance with the provisions of the Law on Administrative Procedure.

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 Phuc Commune People's Committee, Mr. Nguyen Trung Cong, Mr. Nguyen Hong Cong, Mr. Nguyen Minh Duc, and other relevant organizations and individuals are responsible for implementing this decision.

Provincial People's Committee