Circular 16/1998/ttlt/bldtbxh-Bqp-Bca: A Guide To Some Of The Points About The Recognition And Settlement Rights For Martyrs And Martyrs Families, Invalids, Persons Entitled To Such Policies.

Original Language Title: Thông tư liên tịch 16/1998/TTLT/BLĐTBXH-BQP-BCA: Hướng dẫn một số điểm về việc công nhận và giải quyết quyền lợi đối với liệt sĩ và gia đình liệt sĩ, thương binh, người hưởng chính sách như t...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
CIRCULAR guide some points about the recognition and settlement rights for martyrs and martyrs families, invalids, people enjoy the policy as invalids, sick army base no. 28/CP on April 29, 1995 by the Government detailing and guiding the implementation of some articles of the Ordinance on the incentive the revolutionary activities martyr, and martyrs families, invalids, sick soldiers, who works with people, resistance revolution (hereinafter referred to as the Decree 28/CP) President Ministry of labor, invalids and Social Affairs-defense-public security guidelines several points about the recognition and settlement rights for martyrs and martyrs families invalids, who enjoy the policy as invalids, sick soldiers as follows: a. RECOGNIZE and SOLVE for FAMILY RIGHTS MARTYR i. standard recognized martyrs: martyrs who sacrificed in one of the cases provided for in article 11 of the Decree 28/CP and a score guide in this circular : 1. Be recognized martyrs under the provisions of article 11 paragraph 4 include: a) who held the assignment to work with international obligations that were killed during the Mission in the country (except itself triggers or violate the law, the regulations of the Agency, unit).
b) who said in point a above be infected must be put on water treatment at the hospital, but no cure is that death (with medical records and the minutes of a hospital or unit on case of death).
The case was killed while studying, visiting, travel, health resorts, healing, friendship visits, working under contract to the economic, scientific and technological, cultural, educational or labour under the labour cooperation program with countries ... then not endorsed as martyrs.
2. Was considering recognizing the martyrs under the provisions of clause 6 article 11 include: a) who had the brave actions to save the property of the State, of the people, to do the urgent, dangerous during fires, hurricanes, fire and explosion that killed.
b) those with brave deeds to prevent acts that are directly threatening people's lives, property and security of countries that were worthy of death, set the example for everyone.
c) brave people directly to do the urgent, dangerous work in the fields of Defense, security conditions have not made the technical processes, labor protection (urgent duty cases) or were strictly technical process, work discipline but still inevitably fatal accident.
3. Be recognized as martyrs as specified in clause 7 article 11 include: a) who in the course of duty in wooded mountains, islands where there are special salary allowances 100% level or who served in places considered in particular hardships as specified in circular No. 2077/1998/TTLT-BQP-BLDTBXH-BTC dated 8 July 1998 of the Ministry of national defense , Ministry of labor, invalids and Social Affairs, the Ministry of finance which suffered sickness, accidents leading to death (except itself triggers or violation of law, regulation of the unit).
b) who while on duty qui file remains in the martyrs forest region mountains, Islands and in your country that are killed by accident sickness (except itself triggers or violation of law, regulation of the unit) or demobilized, transferred to other work within one year old diseases contracted during duty qui grave episode with recurrent must go treatment in the hospital but do not heal are led to death (with certificate and medical treatment of the hospital).
4. Was considering recognizing the martyrs under the provisions of clause 8 article 11: the wounded, people enjoy the policy as invalids (known collectively as the wounded) due to recurrent injuries must go to treatment in a hospital or medical center but does not cure it but was killed (with patient treatment of the wound and the death of a hospital or medical center treatment) and be The people's Committee of the communes, wards, communes (communes) or direct unit, agency managers admit deserve a martyr. Private event of the wounded died at the family outside the medical certification and validation of the social people's Committee must include medical wound treatment process before then.
5. cases not considered confirmation of martyrs under the provisions of this circular: The case was killed during the Vietnam war was ending the provisions confirmed as martyrs by the text: circular No. 12/MINISTRY on November 10, 1975; Circular No. 09/MINISTRY on July 16, 1976 the Ministry of Social Affairs (now the Ministry of labor, invalids and Social Affairs).
Implementation of Directive No. 105/CT on April 29, 1989, Directive No. 551/NC on 2 March 1991 of the Council of Ministers (Government) about the continuation of the existing policy on settlement after the war, to date the survival basic flaws have been addressed, The rule ends the martyr confirmation for the following cases :-who died in the resistance against the French in the North;
-Who died during the fight against the destructive war of American imperialism in the North;
-Officials and soldiers in the South have gathered out of the North according to the Giơnevơ agreement in 1954 after the no news is already back on duty in the B, C, K;
Eligible cases confirm the martyr but because leftover special needs to be addressed, then the units are competent to sign the electronic newspaper reports the Ministry of defence (Policy Bureau-general political Department) for military personnel; The Ministry of public security (Service personnel) for public security of the people; The ministerial-level agencies, government agencies, the central organs of the unions, the provincial people's Committee, the central cities (hereafter referred to as the rules) with respect to other objects for comments before granting death).
II. recommended profiles recognized martyrs: 1. for the sacrifice from 1 January 1995 onwards in the cases specified in article 11, Decree 28/CP and guidance in this circular, the records include: a) the paper confirmed for sacrificing case certificate:-assigned to work the international obligations if the sacrifice in the case prescribed in paragraph 4 Article 11, Decree 28/CP, point 1 section I section A of this circular.
-The minutes of the incident if the sacrifice in the case prescribed in clause 5, 6 article 11 Decree 28/CP, point 2 section I of part A of this circular (due to the litigant or the governing body of the local government where the problem occurred). The case of sacrifices by the fight against the crime, then in addition to the minutes of the incident also accompanied the judgment (if any).
-Allowance certificate special 100% if salary sacrifice in the case prescribed in clause 7 article 11 Decree 28/CP or local certifications are considered especially hard, arduous as specified in circular No. 2077/1998/TTLT-BQP-BLDTBXH-BTC dated 8 July 1998 of the Ministry of defence Ministry of labor, invalids and Social Affairs and the Ministry of Finance (by agency management units the equivalent level).
-Profile invalids; medical treatment and a fatality if the sacrifice in the case prescribed in clause 8 article 11 Decree 28/CP, 3-point category 1 of this circular (for cases of death due to recurrent injuries).
b) death Certificate proposal recognized martyr (4 a form of 3-LS1 attached to this circular) by the heads of agencies, the competent units (specified in section III, part A below).
c) certificate of martyr relative situation due to the people's Committee of the commune where resident martyrs relatives founded (according to the model No. 3-LS3 attached to this circular).

2. for the sacrifice from December 31, 1994 and earlier: in the cases specified in article 11 of the Decree 28/CP and guidance in this circular, the new proposal now recognized martyrs, the records include: a) Single detection and suggestion of families accompanied by certification of the two known cases of sacrifice (who know the work of the same unit from Great teams come down or the same agency) stating at that do what, where, why know case of sacrifices and have confirmed the Agency's records management, where history is the work of the people's Committee or commune on the signature, on duty in the same unit of time, the Agency with the sacrifice.
b) the minutes of the session of the Council of collective cases confirm where the Township includes the sacrifices represented: the Party Committee, people's committees, the National Board of Social Affairs, veterans, police, town teams (in the form of 3-LS4 attached to this circular).
The case is the sacrifice of officers, soldiers, and workers escape the family submit findings and recommendations accompanied by confirmation of the people's Committee of the commune of residence (and who know the case's sacrifice-if available) to the Agency, the unit of the sacrifice or Ministry, Board of , sectors, unions (the upper level of the Agency, that unit).
c) paper types specified in point 1 of part A of section II of this circular.
3. for people losing trust, missing in the cases specified in article 11 of the Decree 28/CP, the records include: a) the presentation of Single family, stating the source finally get; letters from (a star), the certificate of the person directly in charge (if any).
b) the minutes of the session of the collective social validation Council composed of representatives of: the Party Committee, people's committees, the National Board of Social Affairs, veterans, police, Town teams.
c) conclusions of the verification Vote ban military or public security Commander of the district, County, city, town in the province (hereinafter referred to as the district) or direct people management unit before the loss, missing (in the form of 3-LS5 attached to this circular).
d) death Paper suggest recognition of martyrs as prescribed in detail b, point 1 of part A of section II of this circular.
e) certificate of martyr relative situation due to the establishment of the Township people's Committee (in the form of 3-LS3 attached to this circular).
III. Authority, responsible for establishing the procedures recognized martyrs: 1. With respect to the Agency management units the sacrifice: a) sign the report suggested Prince recognized martyr: a. 1) head the regiment or equivalent electronic message sign up for sacrifice is military personnel, employees of national defence under the jurisdiction specified in circular No. 2285/QP-TT on November 21 in 1995 Department of Defense and the instructions in writing the number 331/CS on December 20 1995-Policy Bureau of the general political Department-the Department of Defense.
a. 2) heads of Bureau level, or equivalent; Director of public safety province sign the death notice for people to sacrifice is the police, employees of public security under the authority provided in circular 06/TT-BNV (X 13) on 28 September 1995 of the Ministry of the Interior (now the Ministry of public security). The case of sacrifice or loss of trust that old unit no longer then the death certificate by the Organization Department, Ministry of public security.
a. 3), the Union of the Central Corps, the Corps, the Department of transportation signed the death certificate for the sacrifice is youth volunteer administered, use.
a. 4) The Nominating Committee; The delegation; the Board of the party; The party, the Party of the rolling Industry Committee unions in central authority to sign the certificate of sacrifice for the sacrifice was the revolutionary activity from before the revolution of August 1945 (in the form of 3-LS2 attached to this circular).
a. 5) heads, following regulations unit sign the death for people to sacrifice is the staff officer, citizens in the management of:-The heads, ministerial bodies, part Government, part of the Central Party, the political organization of society, the social-professional organization (or authorized agency heads) signed the death certificate for with staff in Central Agency officials.
-The General Director of the State enterprise of special class specified in decision No. 185/TTg dated 28 March 1996 by the Prime Minister signed the death certificate for the staff members in his business.
-The Chairman of the provincial people's Committee; The Organizing Committee the Nominating Committee, the Nominating Committee, the heads of the agencies of the province sign the death notice for staff officers in the authority.
-The Chairman of the district people's Committee signed the death certificate for staff officers in the administrative career, party, the social-political organization in the district level; the social-professional organizations; officials of the business units in all economic sectors closed district; the guerrilla, militant self-defense, public safety officer, Township and local citizens.
b) organs, retention management unit 1 paper report; delivery of records suggest recognized martyr (including paper types specified in section II of part A of this circular) for the Department of labor, invalids and Social Affairs where the martyr's family resided.
2. With regard to the Department of labor, invalids and Social Affairs: Department of labor, invalids and Social Affairs after receipt of recommendations recognizing the martyrs are responsible for checking on the procedure defined in the profile, standard terms recognized martyrs. If a valid records according to the rules, the newsletter the minutes delivered within 30 days and must complete the following tasks: a) transfer a death certificate on labor-invalids and social guidance to district people's Committee has set base certificate situation relative martyrs.
b) records of local management to record, write the excerpts (form No. 3-LS6 attached to this circular) then transfer the records of the Ministry of labor, invalids and Social Affairs to appraise the Government donated by country attribution martyrs.
-Recommended records recognized martyrs do not qualify or incomplete standards prescribed procedures, the Department of labor, invalids and Social Affairs moved back to the Agency, the unit handed over records to inform and explain clearly the family or to complement the outdoor fan.
-Where the family had moved to other provinces, the Department of labor, invalids and Social Affairs Agency, the unit moved back to hand over to the Department of labor, invalids and Social Affairs where the martyr's family residence.
3. for the Ministry of labor, invalids and Social Affairs: within 20 days from the date of receiving the recommended records recognized martyrs by the Department of labour, invalids and Social Affairs to transfer should complete the evaluation procedure set the Prime Minister decided to posthumously By "country attribution" martyr.
For those invalid records, inadequate regulatory procedures, then moved back to the Department of labor, invalids and Social Affairs, with instructions how to solve.
IV. Settlement of rights: 1. The responsibility of the Ministry of labor, invalids and Social Affairs: after reception By "attribution" country, within a period of 15 days to complete the following tasks: a) the attribution of "Equal", signed the excerpts to archive, subscription management profile.
b) moved by the "national record" and martyr records of the Department of labor, invalids and Social Affairs where the martyr's family residence.
2. The responsibility of the Department of labor, invalids and Social Affairs: after getting By "national record" and martyr records, within a period of 20 days must complete the following tasks: a) the certification decision and grants the money family productivity and martyr, founded the Republican pension money dog the family martyr (in the form of 3-LS7 LS8-3 and attachment to this circular). Support productivity and money made from the day the Prime Minister signed a decision issued by the "national record".
b) notes on the registry management, recorded by, the number of decisions issued By the public records on each country profile and save profile.

c) inform the agency-level electronic newspapers on the confirmation of martyrs.
d) transformed by "national record", decision support and certification, productivity and money support votes the family martyr on labor-invalids and social where families resident martyrs.
3. The responsibility of the Chamber of labour, invalids and Social Affairs of the District: a) registration management lists of martyrs and martyrs families.
b) Helps district people's Committee chaired in collaboration with departments, agencies, unions the same level directing death ceremony Township, awarded By "country attribution" settle for family rights martyr.
B. RECOGNIZE and SOLVE the BENEFITS for WOUNDED SOLDIERS, who ENJOY POLICIES SUCH AS INVALIDS (KNOWN COLLECTIVELY AS the WOUNDED): i. the standard of recognized the wounded: wounded soldiers are wounded in case of duty according to the provisions of article 25 of Decree 28/CP guidelines in this circular that lost labor due to injury from 21% or over.
1. Be recognized as invalids in accordance with clause 4-25 including: a) the brave action saved the property of the State, of the people, to do the urgent, dangerous during fires, hurricanes, fire and explosion that injured.
b) who have the courage to act to prevent the behavior are directly threaten people's lives, property and security of the country that injured deserve to set the example for everyone.
c) brave people directly to do the urgent, dangerous work in the fields of Defense, security conditions have not made the technical process, labor protection or were strictly technical process, work discipline but still inevitably of accident to the injured.
2. Be recognized as invalids in accordance with clause 5 article 25 include: a) who in the course of duty in wooded mountains, islands where there are special salary allowances, 100% level or who served in places considered in particular hardships as specified in circular No. 2077/1998/TTLT-BQP-BLDTBXH-BTC dated 8 July 1998 of the Ministry of defence Ministry of labor, invalids and Social Affairs, the Ministry of finance that the accident lead to injuries (except itself triggers or violation of law, regulation of the unit).
b) who while on duty qui file remains in the martyrs forest region mountains, Islands and in your country that suffered accidents leading to injury (except itself triggers or violation of law, regulation of the unit).
3. Was considering recognizing the wounded according to the provisions in paragraph 6 article 25 include: Who held the assignment to work with international obligations that an accident or is injured during the Mission in the country (except itself triggers or violation of law, regulation of the unit).
4. The case of not considering recognition of invalids under the provisions of this circular: The case of injuries during the Vietnam war was ending the rule validation is wounded the text: circular No. 07/MINISTRY OF HEALTH on September 12, 1974; Circular No. 09/MINISTRY on July 16, 1976 the Ministry of Social Affairs (now the Ministry of labor, invalids and Social Affairs).
Implementation of Directive No. 105/CT on April 29, 1989, Directive No. 551/NC on 2 March 1991 of the Council of Ministers (Government) about the continuing resolve backlog on policy after the war, to date the survival basic flaws have been addressed, The rules end up confirming the wounded for the following cases : a) wounded in resistance against the French in the North, then don't go on duty in the B, C, K;
b) injured in the destructive war against the era of the American Empire in the North, then don't go on duty in the B, C, K;
c) injured in the French resistance in the South have gathered up North, then don't go on duty in the B, C, K;
d) wounded in the war, in defence of the war, do international obligations (including the enemy who were arrested have been given pay) that took over the Corps of health resorts, nursing wounded soldiers disease.
Cases eligible for confirmed invalids but for reasons specifically left that need to be resolved, the Agency, the competent unit signed a certificate of Ministry of defence report injuries (Policy Bureau-general political Department) for military personnel; The Ministry of public security (Service personnel) for public safety; Ministries, ministerial agencies, government agencies, central agencies, the provincial people's Committee for the objects of other injuries, commenting before certification.
II. invalids profile: 1. for the injured from 1/1/1995 onwards according to the provisions of article 25 of Decree 04/CP and guidance in this circular, the records include: a) certifications for injuries:-the minutes of the incident if injured in the case prescribed in clause 3 , 4/28 Decree CP article 25, point 1 of part B of section I of this circular (due to the litigant or the governing body of the local government where the incident happened). The case was hurt by the fight against the crime, then in addition to the minutes of the incident also accompanied the judgment (if any).
-Allowance certificate special 100% level salaries if hurt in the case prescribed in clause 5 Article 25 of Decree 04/CP or local certifications are considered special hardships as specified in circular No. 2077/1998/TTLT-BQP-BLDTBXH-BTC dated 8 July 1998 of the Ministry of defence and Social Affairs labour and finance.
-Confirmation was given away on international duty if injured in the case specified in clause 6 article 25 Decree 28/CP, part B section I point 2 of this circular.
b) Paper released after treatment of wounds c) certificate (4 a form of 6-TB1-attachment to this circular) by the heads, the unit has the authority to sign as specified authority sign the electronic newspaper (mentioned in detail a, point 1, section III, part A of this circular).
d) injury assessment thereon by the Board of medical examiners has issued (in the form of 6-TB2 attached to this circular).
2. for the injured from 31 December 1994 and earlier: in the cases specified in article 25 of Decree 04/CP and guidance in this circular, the records include: a) A personal Declaration (form No. 6-TB3 attached to this circular), the validated and the Agency's recommendation , or unit of local government where the work or reside.
b) verification provisions in detail a point 1 section II part B to this circular.
c) certificate (original) were level after being injured.
The absence of the injured certificates but also holds one of the voucher record with injuries; transfer and trade; hospital discharge papers when treating wounds; Health votes; old history; registration list records military personnel injured when their unit was wounded, then these documents associated with the entity wound to unit heads have the authority to review the certification (according to point c, the weather 1, section II of part B of this circular).
For the armed forces assigned to the Policy Bureau-general political Department-the Department of Defense and Service officials Organization-Ministry of public security specific guidelines on this matter.
d) injury assessment thereon by the Board of medical examiners has issued (in the form of 6-TB2 attached to this circular).
e) decided to discharge, transfer, serving or on vacation to enjoy social insurance regime for military personnel, of public security people have moved out of the military, public security. The case no longer hold the aforementioned decision, they must have completed certification duties of Commander of the military command Board , Police district where registration of or heads, where units are working.

III. The authority, responsibility, invalids recognition procedures set by the Agency, the management of the injured: 1. Established profile: Agency, unit certification authority is responsible for injuries to profile as specified in a, b, c 1 point (for the injured from 1 January 1995 onwards) or a , b, c, e point 2 (for the injured from 31 December 1994 and earlier) section II of part B of this circular.
2. Introduce the disability examiner: a) for injured military personnel, of public security is the people are active: the heads of units of the certification authority, granted a referral (with records as defined in point 1 of part B of section III of this circular) to the Board of medical examiners as provided by the Department of Defense The Ministry of public security. separate for when injured military personnel, is the people's public security has demobilized due to military command, police set up records introduced as disability assessment prescribed for military personnel, of public security is also active.
b) for public servants, youth volunteer: heads the certification authority were injured about thiẹu (with profile) to the disability examiner at the Board of medical examiners the Board of medical examiners or the industry of transportation (if injured in the management of the transportation industry) at the same time notify the Department of labor, invalids and Society where the injured residents know to solve.
c) for injuries not belonging to the objects mentioned in the a, b, point 2 of section II of part B of this circular, the people's Committee of the district transferred the records to the Department of labor, invalids and Social Affairs screening and referral to the Board of medical examiners to assess the injury.
After receiving the results of disability examiners Board of medical examiners, the agency go demo unit accreditation procedures for moving records and resolve the rights prescribed in section IV section B of this circular.
IV. Procedure for resolving rights for injured: 1. for the injured as military personnel, of public security of the people (including military personnel, of public security was demobilized): a) the injury rate from 20% down, the heads of units according to the decentralized management decision support, once , the allowance specified in article 31 Decree 28/CP. b) The injury rate from 21% over, heads, units under management: divisions-deciding certification invalids and handicapped assistance (in the form specified in circular No. 2285/QP-TT on November 21, 1995 the Department of Defense , Circular 06/TT-BNV (X 13) on 28 September 1995 of the Ministry of the Interior (now the Ministry of public security).
+ For military personnel, civil defense personnel in the unit in the military districts and military personnel-employee Defense has five residence areas due to the military zone Commander of military region.
+ For military personnel, civil defense personnel in other units by the Director-General of the political Bureau policy-the Department of Defense.
+ For public security of the people by the Director of the Organization Department, Ministry of public security.
-Establishment of the disability support votes (according to the model specified in circular No. 2285/QP-TT on November 21, 1995 by the Defense Department, to circular 06/TT-BNV (X 13) on 28 September 1995 of the Ministry of the Interior (now the Ministry of public security). + for military personnel, civil defense personnel in the unit in the military districts and military personnel-employee defense was active residence in the district by the Chairman of the military district political Secretary.
+ For military personnel, civil defense personnel in other units by the Director-General of the political Bureau policy-the Department of Defense.
+ For public security of the people by the Director of the Organization Department, Ministry of public security.
Particularly for military personnel, of public security of the people injured from 31 December 1994 and earlier injury rate from 21% to come up and have a salary when injured fellow 312,000 higher than it paid in subsidies once by from 1 to 4 months of salary when injured (prescribed in paragraph 3 Article 30 the Decree, 28/CP).
c) set up a kục injury record excerpts (form No. 6-TB4 attached to this circular) issued by the competent unit heads up disability support votes.
DD) after doing the procedure to resolve the rights "to a, b, c of point 1 of part B section IV of this circular, the Unit held the record retention for military personnel, of public security of the people being administered.
e) for injured military personnel, is the people's public security has demobilized then after doing the procedure to resolve the rights, the unit moved indoor to the Department of labor, invalids and Social Affairs where military personnel, of public security of the people of residence as defined as follows:-A record injury (original) accompanied the paper introduced move (model numbers 6-TB9) , for wounded soldiers has injury rate from 21% over, was introduced to the Department of labor, invalids and Social Affairs to pay from the date of the Council of the military medical examiners, police have the authority to conclude. Particularly for invalids of the new discharge now referral shall specify single vj has paid out disability subsidies, would suggest to the Department of labor, invalids and Social Affairs where military personnel, of public security of the people of residences followed from March.
Powers sign the introduction of move: + for military personnel, civil defense personnel in the unit in the military zone by the army signed the Policy Manager.
+ For military personnel, civil defense personnel in other units by the heads of the political unit of the Ministry of Defense.
+ For public security of the people by the public security Director or equivalent and above.
-Profile move units assigned to wounded soldiers or units directly handed over to the Department of labor, invalids and Social Affairs (within 30 days of signing the referral move) to continue to administer and implement policy mode.
-Particularly for wounded soldiers has been confirmed from 31 December 1994 onward, far be moved out of the military, public security that no longer records as prescribed in this circular, the Agency, the base unit is managing the wounded list created two excerpts about transfer policy Bureau disability-general political Department-Ministry of Defense (for military personnel) or Hosted Service personnel officer-Ministry of public security (for the people) to check and sign before moving to the Department of labor, invalids and Social Affairs (in a excerpts Note: base reissuing the registry list of invalids in ... right ... page ... Save ...).
f) after receiving the records by the army, the police moved to the Department of labor, invalids and social evaluation, make a list of the included horizontal quote a quote record injured moved to the Ministry of labor, invalids and Social Affairs to save a excerpts, for the number of managers on a transfer list on the Department of labor, invalids and Social Affairs to manage and resolve the rights.
g) The military personnel, of public security people were wounded from the type B on December 31, 1993 and earlier (now called military personnel labor accident) are working in the army, the police, when demobilized, the unit set up a profile with excerpts and referral to the Department of labor, invalids and Social Affairs of the province where the soldier , public security of residence to be received and resolved according to the current regulation mode (profile when the move done as for the record the wounded said in e 1 section IV section B of this circular).
2. for the injured officer, public servants, youth volunteer (by referral authority go injury assessment):

Get disability assessment thereon by the Board of medical examiners to transfer to civilian agencies, political parties, State enterprise register to manage the injured of his unit. Then move the entire record veterans to the Department of labor, invalids and Social Affairs of the province where the wounded to reside to verify if enough procedure resolves the rights (as defined in point 3 of part B section IV of this circular). If not enough of the procedure, the Department of labor, invalids and Social Affairs transferred records back to the wounded to complement or respond to the litigants.
3. for the injured are the subjects referred to in point 2 c weather section III of part B of this circular (due to the Department of labor, invalids and Social Affairs introduced go injury assessment): receive the minutes of disability examiners, Department of labor, invalids and social procedures solve the following benefits : a) the injury rate from 20% down, the Director of the Department of labor, invalids and Social Affairs decided to:-allowances, allowance under the provisions of Decree 31/CP 28 Thing (in the form of 6-TB6 attached to this circular).
-Establishment of a disability profile excerpts (form No. 6-TB5 attached to this circular).
b) The injury rate from 21% over, Director of the Department of labor, invalids and Social Affairs:-certification decision policy beneficiaries as invalids and handicapped assistance (in the form of 6-TB7 attached to this circular).
-The level of votes established injury allowance (form No. 6-TB8 attached to this circular).
-Establishment of a disability profile excerpts.
Particularly for cases of injuries from 31 December 1994 and earlier injury rate 21% or above and have a salary when injured 312,000 higher Council, the Director of the Department of labor, invalids and Social Affairs decided to grant subsidies once by from 1 to 4 months of salary when injured according to the provisions in paragraph 3 article 30 , Decree 28/CP. After completing the procedure for resolving the rights as specified in point 3 of part B section IV of this circular, the Department of labor, invalids and Social Affairs to transfer records of the Ministry of labor, invalids and Social Affairs (Bureau of martyrs, invalids and people) to registration management a collation to excerpts, archive, and the profile will move to the Department of labor, invalids and Social Affairs to manage and resolve the rights.
4. the monthly disability pension for invalids and invalids as policy beneficiaries (including cases of injuries from 31 December 1994 and earlier) entitled unity from June the Council authorised medical examiners concluded lost labor rate due to injury as defined in clause 1 Article 29 Decree 28/CP. C. WARRIOR and DISEASE RECOGNITION DETERMINATION of BENEFITS for DISEASES SOLDIERS: i. standards to recognize soldiers disease: Sick soldiers is military personnel, of public security of the people while making the tasks specified in article 42 of the Decree 28/CP, circular No. 2077/1998/TTLT-BQP-BLDTBXH-BTC dated 8 July 1998 of the Ministry of defence, the Ministry of labor, invalids and Social Affairs The Ministry of finance and some guidance in this circular that infected lost labour power from 61% or over.
1. Be recognized as soldiers disease according to the provisions in clause 1 Article 42 Decree 28/CP include:-military personnel, of public security of the people in the time field the search vvụ, qui grave episode martyrs in the forested mountains, Islands and water that gets infected or within one year from the date of transfer to another job that old diseases contracted during duty qui file grave of recurrence (that old medical records accompanied by medical treatment of recurrent disease in hospitals) are the Council authorised medical examiners concluded lost labor due to illness from 61% or over.
2. Be recognized as sick soldiers under the rules (of the area especially hardships) in paragraph 2, paragraph 3 Article 42 Decree 28/CP include: a) military personnel, of public security of the people held the assignment to work on international obligations in the field of security and defense in time on duty if there is sick (medical records and documents confirm of the hospital) are the Council authorised medical examiners concluded lost labor due to illness from 61% or over.
b) military personnel, the people's police on duty to protect the borders, Islands in areas where special salary allowances 100% or geographical level considered especially hard, hardship (as specified in circular No. 2077/1998/TTLT-BQP-BLDTBXH-BTC dated 8 July 1998 of the Ministry of national defense and the Ministry of labor, invalids and Social Affairs, Ministry of Finance) that was sick , disease must be active or within one year from the date of transfer to other localities where the old disease recurrence (that old medical records when the treatment in particular hardships attached to medical treatment of recurrent disease in hospitals) are the Council authorised medical examiners concluded lost labor due to illness from 61% or over.
The case was infected by itself triggers, or violate the laws and regulations of the Agency, the unit shall not be recognized as the disease.
3. Was considering recognizing the soldiers disease for military personnel, of public security discharge that even the mentally ill.
Military personnel, of public security people were infected in the case prescribed in article 42 of the Decree 28/CP and the instructions in point 1, point 2 section I part C of this circular after discharge on local within 1 year old with recurrent disease that leads to mental, is full of evidence of regular treatment in mental hospitals (with patients , paper, window treatment attached), the military command of the province, the place where military personnel, of public security of residence in collaboration with the Department of labor, invalids and Social Affairs established the record for review.
II. AGENCY MANAGEMENT UNITS, MILITARY PERSONNEL, public safety is RESPONSIBLE FOR ESTABLISHING PROCEDURES to CONFIRM the DISEASE and RESOLVE BENEFITS for DISEASES SOLDIERS: 1. soldiers disease recognition profile consists of:-a certificate of illness (form 7-BB1 attached to this circular) by the unit heads have the authority to sign as prescribed for heads Unit sign the press (referred to in point 1 of section III of part A of this circular).
-Sickness assessment thereon by the Board of medical examiners, public security authorities (according to model No. 7-BB2 attached to this circular).
-The certification decision and grants the disease (form 7-BB3 attached to this circular) patient support votes (according to model No. 7-BB4 attached to this circular) by military personnel management, heads of public security of the people when the discharge level (such as the certification regulations, invalids).
-Personal Votes (according to model No. 7-BB5 attached to this circular).
-A record excerpts (form 7-BB6 attached to this circular) issued by the competent agency heads records management Warrior sign disease.
Separately the cases of military personnel, of public security have demobilized former disease relapse as defined in point 1 and b, point 2 and the case of mental disease as specified in point 3, part C, section I of this circular, the records have to be: + presentation of yourself, of your family (for mental illness) about the process of with disease the whole treatment vouchers.
+ The decision to discharge.
Cases no longer discharge decision must then be certified by the competent units for military personnel, of public security people demobilized about the process of serving in the army, police or by military commanders, police district where military personnel, of public security of residence.
+ Vote verification of disease recurrence of military authorities, police districts.

+ The minutes confirmed the Board's recommendations and endorsements including representation: the Party Committee, people's Committee, the Fatherland Front and front members, veterans, police, social, Social Affairs Committee. The content thereon must clearly define the status of disease after the local time of military personnel, of public security with recurrent disease or suffer mental, continuous treatment process to date, the opinion suggested resolution.
Profile by military commanders, police district accepting the review and transfer to the military command, the check with the Department of labor, invalids and Social Affairs, if eligible, the certification of illness, travel sickness assessment referral at the Board of medical examiners as provided by the Department of Defense The Ministry of public security. 2. Underwritten for diseases soldiers: a) management unit military personnel, of public security is responsible for establishment and introduction of military personnel, of public security inspection of disease at the medical examiners Board under the Ministry of defence, the Ministry of public security. After the conclusion of the Board of medical examiners If the eligible soldiers disease is recognized, the heads of the competent unit complete with army medical records as defined in point 1 of section II, part C of this circular with the recommendation to move to the Department of labor, invalids and Social Affairs where the local military personnel, of public security of residence.
b) after the next profile import due to the army, the police moved to the Department of labor, invalids and Social Affairs registration management to resolve the rights under the current rules, and switch a warrior record excerpts of the Ministry of labor, invalids and Social Affairs to host.
c) subsidize the sick soldier was made since the date of the decision to discharge. Particularly for cases already demobilized, transferred to other work that the old disease recurrence then subsidies sick soldiers made since the conclusion of the Board of medical examiners.
D. PROCEDURE FOR MOVING RECORDS TO WOUNDED SOLDIERS, SICK SOLDIERS AND MARTYRS FAMILIES DUE TO THE LABOUR SECTOR AND SOCIAL AFFAIRS MANAGEMENT.
1. Where to go: a) petition to move the profile of people who enjoy mode (in the application should present clear reasons should move confirmed by public security and labor Rooms-invalids and social district).
b) referral move and pay the subsidy by the Director of the Department of labor, invalids and Social Affairs where goes the level which clearly types of subsidies, the level of influence, has paid subsidies to the month, year, suggested the Department of labor, invalids and Social Affairs where to level from the month and year.
c) a set of records (the original), particularly for the case of martyrs has many relatives mostly are entitled to the preferential regime, in which relatives moved away, the Department of labor, invalids and social level for the relatives moved away a record copies.
All benefits or obstacles on the procedure by the Agency where the records are managed payment or settlement prior to the establishment of the procedure of moving.
d) founded the newspaper votes move records of the Ministry of labor, invalids and Social Affairs to monitor (in the form attached to this circular).
2. Where to: giạn in 30 days from the date of signing the paper introduced the move, those entitled to registration mode and apply at the Department of labor, invalids and Social Affairs.
The Department of labor, invalids and Social Affairs is responsible for receiving, check out procedural records, subscription management objects and implement the preferential regime for the wounded, the sick, the family moved to martyrs in the manner following: a) numbers of local management in each profile Organization, management and archiving of records.
b) procedures for steering labor, invalids and social district subscription management and continue the preferential mode according to the regulations.
E. IMPLEMENTATION: 1. Confirm the martyrs, the wounded is a sensitive and complex issue, meaning deep social-political requirements, agencies, units, departments, levels must improve the responsibility and have the ohối closely, often to ensure the thoughtful implementation full, accurate, according to the State's regulations and instructions in this circular.
For confirmation of martyrs, wounded in an unsettled after the war should note the following points: a) the bodies, the unit has the sacrifice, hurt responsible for verifying martyrs, invalids. Labor agency invalids and social, military, police and civilian authorities the levels needed to coordinate closely with the local authorities, the declaration list, hold the number of people who actually have to consider the resolution at each location.
b) perform the duties and have to inform local people (communes, wards and towns) know the cases eligible for recognition and the case does not qualify for recognition.
c) combine the reviewing the case remains alive, simultaneously with the inspection, checking the cases have been resolved policy; If any detected errors then proceed to settle according to the instructions in section 3 of the circular No. 11/LĐTBXH on September 19, 1990 of the Ministry of labor, invalids and Social Affairs and the provisions of article 72, article 73 of the Decree 04/CP. d) resolving the backlog of policy applies only with respect to these cases are really due to revolutionary activities active resistance, which hurt or sacrifice of eligibility defined in Decree 28/CP and guidance in this circular which has not been resolved to date mode.
The case of the death, injury from 31 December 1994 and earlier have concluded not eligible confirmed injured soldiers or solved according to the mode of death, crash ... then not restore the profile to confirm.
e) The injury record has halted resolved under provisions in the text of 913/LĐTBXH, on 21 March 1997 and the text number 4003/TBLS-CV on 15 October 1997 by the Ministry of labor, invalids and social unity are taken as prescribed in this circular.
The injury record that the Department of labor, invalids and Social Affairs took the move to return the certification body hurt to consider, resolve according to the regulations.
g) for the sacrifice, injuries in youth volunteer forces due to fluctuations on the Organization and management of which do not have enough records procedures as specified in this circular, the Ministry of labor, invalids and Social Affairs in collaboration with the Central Communist Youth League and a number of related agency specific guidelines.
h) confirmation of wounded soldiers backlog during the war would end before 31 December 2000.
2. The review of the assessment back injury for wounded, a labor ability assessment for diseases soldiers has been the Council of medical examiners concluded lost labor rate according to the provisions of article 32, article 48 Decree 28/CP are caused by old wounds, disease recurrence and really old over treatment. Contact the Ministry of labour, invalids and Social Affairs and the Ministry of health will further instructions on this matter.
3. The Ministry of defence, the Ministry of public security directing the establishment of procedures to resolve the rights profile for the wounded, the sick soldiers in the responsible authority and resolve all complaints and problems regarding confirmation of wounded soldiers, sick soldiers are military personnel, of public security of the people.
4. Under the decentralization of the Ministry of labor, invalids and Social Affairs and authorized by the provincial people's Committee, the Department of labor, invalids and Social Affairs is responsible for the people's Committee and before the Ministry of labor, invalids and Social Affairs on the guidance, direction, inspection, appraisal work to confirm , records management and settlement rights for the wounded, the sick soldiers and relatives of local martyrs; resolve all complaints and problems about the policy of the regime of State incentives for the audience to enjoy the policy.

This circular has the effect after 15 days from the date of signing. The previous provisions contrary to this circular are repealed.
In the process of implementing what obstacles the timely reflection of local contact the Ministry of labour, invalids and Social Affairs-defense-public security to study the resolution./.