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Circular 190/2004/ttlt-Bqp-Bldtbxh-Btc: Guidelines For Implementing Decision No 92/2005/qd-Ttg Dated April 29, 2005 By The Prime Minister On The Implementation Of The Regime For Military Personnel Is The Population Of T. ..

Original Language Title: Thông tư liên tịch 190/2005/TTLT-BQP-BLĐTBXH-BTC: Hướng dẫn thực hiện quyết định số 92/2005/qđ-ttg ngày 29 tháng 4 năm 2005 của thủ tướng chính phủ về thực hiện chế độ đối với quân nhân là dân t...

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CIRCULAR guidelines decision No 92/2005/QD-ttg dated April 29, 2005 by the Prime Minister on the implementation of the regime for military personnel is the ethnic army in the military zone, 9, joined the resistance against the US, on local before 10/01/1982 pursuant to decision No. 92/2005/QD-TTg dated April 29, 2005 by the Prime Minister of implementation of the regime for military personnel is the ethnic army in the provinces, District 9, Join Us on local resistance before August 10, 1982, the Ministry of defence, the Ministry of labor, invalids and Social Affairs, the Ministry of finance instructed as follows: i. OBJECT and CONDITIONS 1. Objects and conditions apply: a. the object and conditions of sick veterans allowance:-military personnel is the ethnic army in the province, nine regional military enlistment before 30/4/1975, joined the resistance against the US have about local before the promulgation of the law on military service, the law on the people's army officers (October 10, 1982) , not yet entitled to social insurance regimes, subsidies to invalids, persons entitled to such policy-level support wounded soldiers serving, demobilized, subsidies people contaminated with chemical poisons, lost labor due to illness from 61% due to one of the following cases: + activities in the field;
+ Works in particular hardships from 3 years or more;
+ Works in the area of special hardships not enough bỉệt 3 years but has had over 10 years of service in the military;
+ Has the work in enough people's Army 15 years or more.
-Ethnic localities in the provinces of region 9, 7th military region mentioned in this circular are: JắcLây, KờHo, Khmer, Hoa, XTiêng, Ro or the other minorities (including ethnic warrior was off northern gathering under the Giơnevơ (1954) then back to the South before 30/4/1975 continued to serve in the army).
-Activities in the southern battlefield, Laos, Cambodia before 30/4/1975;
The object on the special circumstances due to the family, because of customs, health conditions, there is no record about local, serving decision, discharge, certification of the unit.
b. the objects and conditions affecting the export subsidies regime team: qualified military personnel of the aforesaid provisions, after the Board of medical examiners by the military authority concluded the energy loss due to illness under 61% shall be entitled to discharge regime under decision No. 595/QD-TTg dated December 15, 1993 by the Prime Minister.
2. The object do not apply:-serving military personnel, demobilized are entitled to settlement decision mode of 290/2005/QD-TTg dated 08/11/2005 by the Prime Minister.
-After the local military personnel joined reactionary organizations against the people's rights or violate the law in serious criminal penalties, imprisonment from 5 years or over;
-Military personnel after about a local time continued to re active or escapist in Agency of political parties, the State was entitled to a social insurance subsidy;
-Military personnel is minority in the North move into southern living following on 30/4/1975;
-Go to military personnel in the North under the Giơnevơ (1954) return to the South before 30/4/1975 but not served in the military.
II. Mode And ENJOY The LEVEL Of 1. Disease allowance regime soldiers qualified object specified in point a, paragraph 1, item I of this circular support sick soldiers in accordance with the Ordinance on the incentive people to the revolution number 26/2005/PL-UBTVQH11 on 29/6/2005 and text tutorials made prevailing Ordinances. Patient support from soldiers on the Army Commander decided the army disease certification.
2. discharge mode: the object specified in point b of paragraph 1 of section I of this circular discharge voucher, apprenticeship subsidies as defined in decision No. 595/QD-TTg dated December 15, 1993 and circular No. 448/TTLB dated 28/3/1994 of the Ministry of defence, the Ministry of labor, invalids and Social Affairs The Ministry of Finance shall guide made for demobilized military personnel: 2.1. Export subsidies contingent: a. for officers, professional military personnel:-grants discharge = the number of years the computer age, 1.5 x salary troops If there, travelers then: + Under 1, not allowances;
+ 1 to under 6 months are subsidies by 1 month salary;
+ From 6 months upwards are subsidised by 1.5 months ' salary;
-Salary for the calculation of the export subsidies contingent said on: function-level Wage or salary allowance, professional ranks seniority (if any) before discharge, are converted according to the corresponding payroll regulations at the time of signing the decision on discharge. Salary conversion factor prescribed in Decree No. 25/CP dated 23/5/1993 and adjusted according to the provisions of Decree No. 207/2004/ND-CP dated 14/12/2004 (up 10%), Decree No. 117/2005/ND-CP dated 15/9/2005 (an increase of 10% or 8% depending on the wage coefficient) of the Government.
For example: Mr. Nguyen Van A enlisted in June 1965 demobilized in June 1975; the rank of Lieutenant before five. Discharge allowance is calculated as follows: wage coefficient under Decree No. 25/CP level ensign is 3.2, adjusted according to Decree No. 208/2004/ND-CP DATED 10% increase, adjusted according to Decree No. 117/2005/ND-CP dated 10% increase (wage coefficient under 4.4).
(Minimum Wage, according to d/350,000 Decree 118/2005/ND-CP dated 15/9/2005 of the Government)-Ensign Wage 350,000 VND 3.2 x 1.1 x 1.1 x = 1.355.200-seniority allowance 10% x 1.355.200 = 135.520 VND VND salary Plus 1, to calculate the allowance: = 1.490.720-enjoy subsidies: 10 years x 1.5, x 1.490.720 = 22.360.800 VND VND b. for officer down , troops:-grants discharge = the number of years of service active x 2 months minimum wage + if there is, then, no less odd support;
+ 1 to under 6 months are subsidies by 1 month minimum wages;
+ From 6 months upwards are subsidised by 2 months minimum wages;
, The minimum wage prescribed by the Government at the time of issuing the decision on discharge.
For example: Mr. Nguyen Van B enlisted in April 1971, demobilized in July 1976; the rank of Sergeant before five. Discharge allowance at the time of the October 2005 are as follows: (Minimum Wage, according to d/350,000 Decree 118/2005/ND-CP dated 15/9/2005 of the Government)-From April 1971 to April 1976 = 6 years active-From May 1976 to July/1976 = 3,-grants discharge 350,000 VND x 2, x 6 years = 4.2 million-odd Months are calculated using the x 1, support 350,000 VND = 350.000 VND-total the amount of the export subsidy of five comrades B field by: 4.2 million VND VND VND 4.550.000 = 350,000 + 2.2. Vocational assistance: demobilized military personnel support apprenticeship (or job-training or support jobs), the level of subsidy by 3 months minimum wage (350,000).
III. RECORDS And REVIEW PROCESS 1. Profile review entitled mode:-application of object (model No. 01) clearly states the process of serving in the army attached to the documents (if any), certified by the local government (specify the pubs serving active and since about local to date);
-The minutes of the Council of social policy, wards and towns include: party representatives, the people's Committee, the Fatherland Front, the Veterans Association, public safety, social teams, Board of Social Affairs and health (2) Ward Township;
-The confirmation of the Board of military commanders, district (the district town) about the process of serving in the Army (model No. 03);
-Certificate of illness (form 7-BB1); Personal votes (model No. 7-BB5) by the military command of the province;
-Report on the assessment of disease of the Board of medical examiners authority (model No. 7-BB2);

Based on the conclusions of the Board of medical examiners, if eligible certificate of sick soldiers, the army authorities complete procedures to resolve benefits include:-the certification decision and grants the disease (model No. 7-BB3) due to the Commander of military region;
-Disease support Votes (model No. 7-BB4); A record excerpts (model No. 7-BB6) by the army political Department;
-Certificate of sick soldiers due to the Commander of military region;
-Referral move records have confirmed the level of the subsidy and the day, month, year allowance (form 7-BB9);
-Other related papers (if available);
-The list of diseases (model 4).
Objects have energy-loss examiner due to illness under 61% enjoy demobilized soldier mode; profile as established prior to the assessment and decision on discharge due to the Commander of military region.
2. review process:-the people's Committee of the communes, wards (social) single reception of the object and the related documents (if any), the profile review, General list report on Ban district military commander.
-The Board of district military commander, district, town (district of) receiving records by the Commission proposed town, in collaboration with the civil service-labour-social, social insurance, check your if eligible, then transferred to the military command of the province.
-The military command of the province United with the Department of labor, invalids and Social Affairs, your social insurance record of the last object, if eligible certificate of illness, moved to the district evaluators referred to the Board of medical examiners examination pursuant to the Department of Defense.
-After the conclusion of the Board of medical examiners, if eligible soldiers disease recognition, then Commander of military region signed the certification decisions of diseases, referrals to the Department of labor, invalids and Social Affairs where local residents object to pay subsidies. If no eligible patient mode, Commander of military region signed the discharge decision, moved to the military command of the province (City) where the object resides to steer the Board district military commander (town) pay allowances.
-Department of labor, invalids and Social Affairs Department, the city receives of resumes due to military districts, registration management, underwritten by soldiers disease regulation, at the same time turning a record excerpts infantry on the Ministry of labour, invalids and Social Affairs to host.
IV. RESPONSIBILITY Of Objects, UNITS And Local GOVERNMENT 1. The responsibility of object: making recommendations; the object does not know the Word can ask other people to declare themselves either self-signed, just point at the menu, written in single household must sign and specify the name of the time accompanied by the relevant documents (if any).
2. for the people's communes, wards Committee:-directing the deployment of propaganda, widely popular among the people about the subject residence, conditions, modes of organization and made public, democratic review, tight, precise.
-The policy Council include: party representatives; The people's Committee, the Fatherland Front; Veterans Association; The military Committee, the public safety Committee; The Board of health and Social Affairs communes. The President (or Vice President) people's Committee Chairman of the Board, Chief of the military, receiving the proposal application and the supporting documents of the object, transfer to head of Hamlet, a review conference from the base.
-General list and profile subjects because of the countryside, the report. Policy Council meeting held to review Township.
-Listing the list object has been reviewing people's Committee at commune, published a list of approved object on mass media to local people's opinions and after 15 days without comments questions, grievances, the General Town Committee , move the profile of the Board of the district military command.
-For those cases the opinion questions, grievances, the Committee directed the Township checking, verification, consider if not eligible then the answer, explained to the audience.
3. for the people's Committee of the district, town of:-Steering Committee and the propaganda authorities widely in the local people.
-Steering Committee of military commanders, Civil Service-labour-social, social insurance of your district, collate the profile objects are entitled, to exclude infection, infection is not properly regulated.
-Steering Committee of the appraisal district military commander, General list reports on military command of the province, at the same time, the urge to check the implementation of the pay subsidy for the objects when there is a local decision.
-Home location qiải addressing the obstacles and complaints accuse arise locally.
4. for the people's Committee, City:-directed mass information agencies disseminate, propagate the contents circular Guide to the base.
-Military command directing the coordinated with the Department of labor, invalids and Social Affairs, social insurance, appraisal review records, General report of the examiner suggested military district under the provisions of the Department of Defense, at the same time, check the performance pay grants after the decision.
-Directs the Department of labor, invalids and Social Affairs receives the record due to the introduction of military district, registration management, underwritten by soldiers disease regulation, at the same time turning a record excerpts infantry on the Ministry of labour, invalids and Social Affairs to host.
-Host to resolve the problems, complaints, arise locally.
5. With regard to the local military authorities granted: a. the Board of district military commander, the town-host, in cooperation with the relevant authorities to help people's Committee at district level popular propaganda, deployment implementation at all levels. Guide and keep track of the records review. Receiving records at the suggestion of the Committee, make a list and in collaboration with the civil service-social workers, your social insurance object.
-Confirm the subject's time serving in the army, due diligence, review of records; General list of reported military command of the province.
-Coordinate with the veterans and the relevant authorities to verify these cases entangled in local.
-Pay grants discharge for the object, the settlement according to the regulations.
-Save list of beneficiaries in local management mode and propose measures to resolve the issues and problems involved.
b. the military command of the province, City:-hosted, in cooperation with the relevant authorities to help people's Committee propaganda pổ variables, deploy the implementation at all levels. Directs the review of records at the district level.
-Reception records recommendations of the Board of the district military command moved to, in cooperation with the Department of labor, invalids and Social Affairs, the social security review last object if inoculate eligibility certificate regarding transfer of disease introduction appraisal district judge.
-Delivery record for the Department of labor, invalids and Social Affairs Department, the city to perform mode.
-Directing the payment of export subsidies for the object, the settlement according to the regulations.
-Coordinate with the Veterans Association and related agencies to check, verify these cases entangled in local.
-Save list of beneficiaries in local management mode and propose measures to resolve the issues and problems involved.
6. With regard to military districts:-steer, guide to the local military authorities in implementing decision No 92/2005/QD-TTg dated 29/4/2005 of the Prime and circular.

-Receiving records by the military command of the province moved to the introductory assessment, to the Board of medical examiners under the provisions; After the conclusion of the Board of medical examiners to if qualified to confirm the disease, then Commander of military region army of determined soldiers disease certification, complete the procedure profile about the Department of labor, invalids and Social Affairs where the object resides to make policy.
-Sign the discharge decision for the object are not eligible entitled to sick soldiers, mode switch on the military command of the province (City) pay subsidies according to the regulations.
V. IMPLEMENTATION 1. The Defense Department directed the establishment of procedures to resolve patient mode profile and grants discharge, and the annual budget estimate, make payment, settlement support, demobilized according to the current rules and resolve all complaints to confirm the disease and resolve the discharge mode. Funding to investigate, verify, assess the sick soldiers deployed in the estimation of the annual defense spending.
2. The Ministry of labour, invalids and Social Affairs directs the Department of labor, invalids and Social Affairs of the provinces (cities) receiving, archiving, records management and settlement rights for sick soldiers and ensure the funding to pay for support.
3. The Ministry of finance in cooperation with the Ministry of defence in the work of the Organization and implementation of budgeting to pay subsidies according to the provisions of the law on the State budget and the current Guide text.
4. People with acts of perjury, or falsify, forge documents, depending on the nature and extent of the violation will be handled or prejudice criminal liability and the right for compensation of damage (if any) prescribed by the law.
This circular has the effect after 15 days from the Post Gazette.
In the process of implementing what obstacles the unit, local reflection on the Ministry of defence, the Ministry of labor, invalids and Social Affairs, the Ministry of finance to consider the settlement.