Laws of Vietnam

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Those who are entitled to the preferential treatment stipulated in Article 1 of the Ordinance on Preferential Treatment of Revolutionary Activists, Fallen Heroes and their Families, War Invalids, Diseased Soldiers, Resistance Activists and People with Meritorious Services to the Revolution are generally referred to as people with meritorious services to the revolution.

Article 2.- The preferential treatment of the people with meritorious services to the revolution must conform with the economic, political and social conditions of the country in each period; with the laws and policies of the State; the nature and characteristics of the people's armed forces; the living standard of public employees and the population; and with their own contributions and living circumstances.

Article 3.- Annually, apart from its budget for the preferential treatment of people with meritorious services to the revolution, the State shall put aside part of the national fund for employment, hunger abolition and poverty alleviation, etc, to lend to people with meritorious services to the revolution to help create employment and ensure a stable living standard for them.

1. The people who satisfy conditions to be eligible for two or more categories of preferential treatment stipulated in Article 1 of the Ordinance, are entitled to the allowances and subsidies (if any) provided for each of the categories, but only to a higher regime than that stipulated by this Decree for the other preferential treatments.

2. If the people with meritorious services to the revolution as stipulated in Article 1 of the Ordinance and who, at the same time, are the beneficiaries of salaries and social insurances die, the social insurance fund shall cover their funeral and burial fees and their death allowances; in cases the death allowances that their family members are to receive are lower than those provided for in this Decree, the death allowances they receive may be higher than only those provided from the State budget.

3. The diseased soldiers, workers and public employees covered by the labor disability compensation regime who are also war invalids or beneficiaries of policies like war-invalids or war invalids with determined labor-accident injuries prior to the 1st of January 1995, shall temporarily enjoy the benefits determined for each category which were effected prior to the effective date of this Decree.

Article 5.- It is absolutely prohibited to use budget sources for treatment of people with meritorious services to the revolution for other purposes.

Chapter II

SUBJECTS AND CONDITIONS FOR RECOGNITION AS PEOPLE WITH MERITORIOUS SERVICES TO THE REVOLUTIONARY AND THEIR PREFERENTIAL TREATMENT

Item I. FOR REVOLUTIONARY ACTIVISTS IN THE PERIOD PRIOR TO THE AUGUST 1945 REVOLUTION

Article 6.- The revolutionary activists in the period prior to the August 1945 Revolution as stipulated in Article 5 of the Ordinance, who are recognized by the authorized office or organization, shall receive from the State:

1. A monthly allowance of 120,000 VND (for both full-time and part-time activists).

2. Besides,

a/ The full-time revolutionary activists, who are on salary or pension, shall benefit a monthly allowance for the whole length of their pre-revolutionary period, at the rate of 30,000 VND per year.

b/ The part-time revolutionary activists, who are not on salary nor pension, shall benefit a monthly allowance of 200,000 VND if they were engaged in revolutionary activities prior to 1935, and monthly allowance of 150,000 VND if they were engaged in revolutionary activities from 1936 up to the August 1945 Revolution.

3. They all are provided with finance to purchase the Nhan Dan (People) daily newspaper; and are given suitable conditions for their cultural and spiritual entertainments.

4. When a pre-August 1945 revolutionary activist dies, the organizer of his/her funeral shall receive a funeral and burial fee of 960,000 VND; his/her parents, spouse, and children who were born disabled or who suffered from disabilities in early childhood, shall be entitled to his/her death allowance of 72,000 VND per person, and if they live alone, they shall be given a monthly nursing allowance of 240,000 VND per person.

The monthly death and nursing allowances stipulated in this Article shall also apply to the people who had been recognized as pre-revolution activists but who had died prior to the 1st of January 1995.

Article 7.- The pre-revolution activists, who have benefited from the preferential treatment provided for in Article 5 of the Ordinance, shall not benefit from the preferential treatment provided for in Article 6 of the Ordinance.

Article 8.- The heads of the people's revolutionary organizations at village level as stipulated in Article 6 of the Ordinance are heads of the national salvation organizations (Workers for National Salvation, Peasants for National Salvation, Youth for National Salvation, Armymen for National Salvation, Women for National Salvation, and Young Pioneers for National Salvation) and the organizations in the Viet Minh (League for Independence of Vietnam) Front.

Article 9.- The references for consideration and recognition of revolutionary activists stipulated in Article 6 of the Ordinance are provided as follows:

1. For a full-time cadre, the basis is the biography made in 1960 or earlier. If the 1960 biography is lost due to the fault of the office where the cadre worked prior to his/her retirement and the loss is certified, the biography made during "the campaign for Party protection" (in 1969 or earlier) can be used. For a cadre who served continuously in Battlefronts B, C and K (B=South Vietnam; C=Laos; K=Cambodia - Ed.) up to the 30th of April 1975, the biography made in 1975 or 1976 can be used.

2. For a part-time cadre who only operated at the grassroots, a certificate endorsed by two close companions who have been recognized as pre-revolution activists and an acknowledgement by a meeting of local veteran cadres are needed.

3. A full-time or part-time cadre who was engaged in revolutionary activities at a locality and who comes under the organizational management of the local Party leadership or administration, must be authenticated by the Party leadership of the province or city concerned.

4. A full-time cadre, who comes under the organizational management of a commission, ministry, branch or organization at the central level, must be authenticated by the Commission of the Party Central Committee or the ministerial Party Group or Caucus or the organization at the central level.

5. Based on the authentification by provincial or municipal Party Committees and Commissions of the Party Central Committee, ministerial Party groups and caucuses or organizations at the central level described in Items 3 and 4, the Labor, War Invalids and Social Affairs Services of the provinces and cities directly under the Central Government where the revolutionary activists reside, shall submit to the Presidents of the provincial or municipal People's Committees for official recognition and decision on preferential treatment. The officers of the People's Army and People's Security Forces who are in active service, shall be considered for recognition and decision on preferential treatment by the Ministry of Defense and the Ministry of the Interior.

Article 10.- The revolutionary activists of the categories stipulated in Article 6 of the Ordinance shall receive a monthly "pre-uprising" allowance of 50,000 VND (for both full-time and part-time cadres and those operating only at village level), starting from the 1st of January 1995.

Item II. WITH REGARD TO FALLEN HEROES AND THEIR FAMILIES

Article 11.- Fallen heroes as defined in Article 7 of the Ordinance are those who laid down their lives in one of the following cases:

1. In fighting against the enemy or in direct service for the fight;

2. In direct political struggle against the enemy, or in proselytization of the enemy;

3. In captivity as a result of revolutionary or resistance activities, holding out against enemy tortures and struggling determinedly, or in escaping prison.

4. In discharging international duties;

5. In fighting against crime of all types;

6. In brave actions to carry out urgent duties in service of national defense and security; in brave rescue of personnel and properties of the State and people;

7. As a result of diseases or accident suffered while serving national defense and security duties in areas of especially difficult circumstances (where wage subsidy is 100%).

8. War invalids, or those who are beneficiaries of policies regarding war invalids, who die of recurring wounds certified by the health institutions or hospitals where they get treatment and rated as deserving by their host offices or local authorities.

Article 12.-

1. The units, offices and the authorities in localities which have fallen heroes are responsible for organizing their burials, preserving their graves and mapping the locations of their graves, and filing and sending dossiers of their death to the Labor, War Invalids and Social Affairs Services of the provinces or cities where their relatives reside.

A fallen hero's dossier is composed of: a killed-in-action (KIA) notice and a record of the event (if the fallen hero died while carrying out urgent tasks in service of national defense and security, or if he/she died of recurring old wound, or he/she was killed in combat against criminals).

2. The Ministry of Labor, War Invalids and Social Affairs shall issue detailed guidance on the content of the dossier and, in coordination with the concerned ministries and branches, determine the level of authority to sign the KIA notice.

In case a fallen hero left behind his/her own property and belongings, the unit or office or the authority at the locality where he/she died must file a record on them and directly hand them over to the hero's family.

1. The Labor, War Invalids and Social Affairs Service shall base itself on the fallen hero's dossier to assist the provincial or municipal People's Committee in guiding the People's Committee of the concerned district or provincial town to hold in coordination with different branches and organizations the ceremony to announce his/her death to the family at the residence and, together with the family, to compile a statement on the situation of the hero's dependents; issue the "Certificate for Fallen Hero's Family" and effect the prescribed allowance regime; and subsequently send the dossier to the Ministry of Labor, War Invalids and Social Affairs.

2. The Ministry of Labor, War Invalids and Social Affairs shall help the Government check the certification of the fallen heroes and proposes the Prime Minister to issue the "Grateful Motherland Diploma" and organize the keeping of the file of each fallen hero.

1. The expense for the funeral and burial services is fixed at 960,000 VND.

2. The expense for the death announcement ceremony is fixed at 240,000 VND per fallen hero.

Article 15.- Regarding the search for burial grounds of heroes fallen in different wars of resistance and national defense:

1. The Ministry of Defense and the Ministry of the Interior shall direct their units to conduct search and retrieval of the remains of fallen heroes in island, border and sparsely-populated mountainous areas and, at the same time, coordinate with the concerned authorities of friendly countries to carry out search, retrieval and repatriation of the remains of Vietnamese volunteers and hand them over to the People's Committees of concerned provinces and cities, in accordance with the guidance of the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Defense.

2. The Ministry of Labor, War Invalids and Social Affairs shall direct and guide localities to conduct search and retrieval of the remains of fallen heroes in their areas, on the basis of the maps of burial grounds provided them by the army units and on leads provided by local people, after endorsement by army or public security services or local authorities.

3. The People's Committees of the provinces and cities directly under the Central Government shall organize the reception of the remains of fallen heroes who are native of their localities; and for building, upgrading, maintaining and preserving the fallen heroes' burial grounds, carefully keeping the lists and maps of the burial grounds, and organizing the notification on the fallen heroes' burial grounds to their families.

4. The retrieval and re-burial of the newly-found remains of fallen heroes are conducted as follows:

The People's Committee of the concerned province or city directly under the Central Government shall direct the Labor, War Invalids and Social Affairs Service to bury the remains of local fallen heroes at fallen heroes' cemeteries nearest to the residence of their families; for the fallen heroes whose names and native places are clearly indicated, the People's Committee shall list them according to their provinces and cities and report the finding to the Ministry of Labor, War Invalids and Social Affairs and, at the same time, notify the finding to the Labor, War Invalids and Social Affairs Service in their home provinces and cities for a hand-over of their remains; for fallen heroes whose names and native places are not clearly indicated, their remains shall be reburied in the local cemeteries of fallen heroes with clear indications of their previous burial sites; for fallen heroes whose names are listed collectively and whose remains are not clearly identified, their remains shall be re-buried in groups of independent graves at the local cemeteries and the collective tomb stone shall bear all that is known about them (names, dates of death, places of death, native places, etc.).

5. For fallen heroes whose graves are to remain unmoved at the request of their families, the local authorities shall file a list of them and inform the local Labor, War Invalids and Social Affairs Service for financial support to help their families mason their graves, at an expense to be decided jointly by the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Finance.

6. For groups of graves or independent graves which are discovered by local people but which are not yet determined to be of fallen heroes, the local People's Committees shall request the local military services, in coordination with the local Labor, War Invalids and Social Affairs Service, to verify them.

7. For fallen heroes whose names and native places are clearly indicated and whose graves have been grouped into fallen heroes' cemeteries, no transfer shall be done for the time being. The Presidents of the local People's Committees are responsible for directing the careful preservation of these graves.

8. The Budget of the Central Government shall cover all expenses for the search and retrieval, the gathering and accessing of information related to the search and retrieval of remains of fallen heroes, the re-burial and transfer of remains, the maintenance of graves and the listing of each of the fallen heroes' graves. The Ministry of Labor, War Invalids and Social Affairs and the Ministry of Finance shall set uniform allocations for each of the jobs. The Minister of Defense, the Minister of the Interior, and the Presidents of the People's Committees of provinces and cities shall decide the specific expenses for each of the retrievals which require a large personnel, involve difficult access or are exposed to health hazards, etc.

Article 16.- The fallen heroes' cemeteries, memorials and houses of stelae bearing names of fallen heroes are cultural and historical projects.

1. The fallen heroes' cemetery shall be located in a dignified place convenient for visits.

2. The fallen heroes' memorials shall be located in national and local political and cultural centers, or in localities the names of which are closely associated with historical exploits.

3. The house of stelae of fallen heroes (complete with names of each of the fallen heroes) shall be built in the fallen heroes' native villages and wards.

The People's Committees at all levels are responsible for assigning people to look after the fallen heroes' cemeteries, memorials and houses of stelae.

4. The Budget of the Central Government shall cover expenses for the building, upgrading and maintaining of cemeteries and memorials which are closely associated with major historical exploits (major battles, revolutionary sanctuaries, hero localities, etc.), cemeteries of Vietnamese volunteers and those in security-sensitive areas.

5. The budgets of the localities shall cover expenses for the building, upgrading and maintaining and preserving fallen heroes' cemeteries and memorials assigned to them, except for those cemeteries and memorials defined in Item 4.

The People's Committees of the villages and wards shall spend part of their "gratitude funds" on the construction of houses of stelae bearing the names of their own fallen heroes. In case this fund is not sufficient, they may cooperate with various people's organizations to raise fund in their localities.

Localities which have too much difficulty and are not able financially to complete their assigned works may, at the proposal of the Presidents of the People's Committees of their provinces or cities, receive part of the needed finance from the Budget of the Central Government.

Article 17.- To establish a Steering Committee in charge of fallen heroes' graves and cemeteries at the central level and in localities with large volumes of this work.

The Minister of Labor, War Invalids and Social Affairs is the Head of the Steering Committee and shall, in coordination with the Ministry of Defense, the Ministry of the Interior, the State Planning Committee, the Ministry of Finance and the concerned branches, design long-term and annual plans concerning fallen heroes' graves and cemeteries, memorials and houses of stelae, and submit them to the Government for approval and guidance for uniform implementation throughout the country.

Article 18.-

1. In case the spouse, child(ren), parent(s) and tutor(s) of the fallen hero (hereafter referred to fallen hero's dependents) wish to make a visit to his/her grave at the site notified them by the Ministry of Labor, War Invalids and Social Affairs, on which the expense is high while they are in very difficult circumstances, they may receive some financial support from the budget of the locality where they reside.

The Presidents of the People's Committees of the provinces and cities directly under the Central Government shall set the concrete level of this financial support.

2. The Central Budget shall cover part of the financial needs of the localities which are to cater to large numbers of visitors to fallen heroes' graves.

The Ministry of Labor, War Invalids and Social Affairs and the Ministry of Finance shall jointly set the annual level of financial support for each province and city.

The local Labor, War Invalids and Social Affairs Service shall, in coordination with the local military service, assist the local People's Committee to draw up plan, and provide guidance on procedures, for grave visits by fallen heroes' dependents, provide financial support (if any), and accommodate fallen heroes' dependents who come from other localities.

Article 19.- The fallen hero's family, comprising the dependents described in Article 9 of the Ordinance and bearers of "The Certificate of Fallen Hero's Family" and entitled to preferential treatment, includes:

1. The spouse who was legally wed to the fallen hero, or who was actually wife or husband to him/her as acknowledged by the local people or an authorized agency.

In case the spouse of the fallen hero has been re-married but finds him/herself in one of the following two circumstances, and with the acknowledgement of the fallen hero's family and the recognition of the village or ward People's Committee, he/she is still entitled to the preferential treatment:

- The re-married spouse who lives elsewhere but still raises the fallen hero's child(ren) until maturity age, or still takes care of the fallen hero's parent(s).

- The re-married spouse who is living alone due to the death of his/her latest spouse.

2. The child(ren) of the fallen hero include(s) the biological child(ren), legally adopted child(ren), child(ren) born out of wedlock but legally recognized, and the child(ren) being expected at the time of the death of their father.

3. The biological parents of the fallen hero.

4. The tutor(s) of the fallen hero is/are the person(s) who brought up the hero from his/her childhood for 10 years or more when he/she was still under 16 years old, considering him/her his/her/their own child. In the event the tutorship was started when the fallen hero was still an infant, or the tutor(s) is/are meeting with a great disaster but who brought up the fallen hero for five years or more when he was under 16 years old, shall still be recognized as having raised the fallen hero.

Article 20.- The fallen hero's dependents as described in Article 19 of this Decree are entitled to a death allowance as follows:

1. The first death allowance is 3,000,000 VND and is given at the time of the announcement of the fallen hero's death.

2. The spouse, biological parents and tutor(s), who have reached 55 years of age for men and 50 years of age for women, or who are below those age limits but suffer from a 61% or higher loss of labor ability; the children below 16 years of age; the children above 16 years of age who are attending general education school or vocational school, secondary vocational school, college or university, or who suffer from born disabilities or serious handicaps since childhood, are entitled to a monthly death allowance of 72,000 VND/person.

3. The spouse, biological parent(s) and tutor(s) who now live alone without support; the parent(s) whose only child is the fallen hero, or who have two children and both are fallen heroes; or who have three or more children as fallen heroes and who have reached the age of 55 for men and 50 for women, or who are under those age limits but suffer from a 61% or higher degree of disability; the children below 16 years of age; the children above 16 years of age who are attending general school or vocational school, secondary vocational school, college or university, or who suffer from born disabilities or serious handicaps since childhood and are now orphaned of both parents, are entitled to a monthly nursing allowance of 240,000 VND/person.

Article 21.- In case a next of kin of the fallen hero defined in Article 20, Section III of this Decree dies, the organizer of the funeral shall receive a funeral and burial fee of 960,000 VND.

Article 22.- If the fallen hero has no next of kin as defined in Article 19 of this Decree, one of his relatives who is assuming his worship shall receive an allowance of 600,000 VND.

Article 23.- In case a fallen hero died prior to the 31st of December 1994 from one of the reasons defined in Article 11 of this Decree and is not yet recognized as fallen hero, the Ministry of Labor, War Invalids and Social Affairs shall, in collaboration with the concerned ministries and branches, provide uniform guidance on the compilation of the dossier and procedures of recognition as well as on the time length for which his next of kin receives the death allowance and other retroactive allowances (if any). The expenditure for the ceremony to announce the death is set at 240,000 VND for each case.

Item III. WITH REGARD TO THE HEROES AND HEROINES OF THE PEOPLE'S ARMED FORCES, THE VIETNAM HERO MOTHERS, AND THE LABOR HEROES AND HEROINES

1. The heroes and heroines of the People's Armed Forces, the Vietnam Hero Mothers, and the labor heroes and heroines defined in Item 1, Article 10 of the Ordinance (including both full-time and part-time cadres) shall receive a monthly preferential allowance of 72,000 VND per person.

2. Apart from the preferential monthly allowance stipulated in Item I, the Vietnam Hero Mother shall receive a monthly nursing allowance of 240,000 VND per person (as provided for in Article 20, Item 3 of this Decree). For the Hero Mothers who live alone without support, they shall receive an additional monthly allowance of 48,000 VND.

3. With regard to the heroes or heroines of the People's Armed Forces and labor heroes and heroines who died prior to the 1st of January 1995, his or her next of kin (spouse, parents, children) shall receive a lump sum allowance of 3,000,000 VND.

4. A next of kin of a posthumously decorated hero or heroine of the People's Armed Forces who is assuming his or her worship shall receive a lump sum allowance of 3,000,000 VND.

5. When a hero or heroine of the Armed Forces or a Vietnam Hero Mother or a labor hero or heroine dies, the organizer of his or her funeral shall receive a funeral and burial fee of 960,000 VND.

Item IV. WITH REGARD TO WAR INVALIDS AND DISEASED SOLDIERS, AND BENEFICIARIES OF THE SAME POLICIES AS WAR INVALIDS

Article 25.- The war invalids and the beneficiaries of the same policies as war invalids defined in Article 12 of the Ordinance are those who are wounded in one of the following cases:

1. Fighting against the enemy or directly serving the fights;

2. The injuries are left by enemy torture after the person concerned has put up a valiant and indomitable struggle;

3. Fighting against crime of all kinds;

4. Courageously handling urgent tasks in service of defense and security, courageously rescuing people, and property of the State and the people;

5. Undertaking defense and security work in areas of exceptional difficulties and hardships (where the special wage subsidy of 100% is applied);

6. Discharging international duties.

The injuries happening while studying, making study tours, tourist tours, medical convalescent or treatment, or paying friendship visits, working under economic, scientific, technical, cultural and educational contracts, or working under labor cooperation programs with other countries, shall not be regulated by this Decree.

1. The injured, after curing the wounds and recognized by the medical expertise council as labor incapacitated due to the injuries, the injured who lost 21% and more of his/her labor capacity due to the injuries, may be recognized as a war invalid or a beneficiary of the same policies as a war invalid.

2. The injury dossier comprises: A certificate of injury, the medical expertise certificate, the report of the happening (for those who are injured while performing emergency tasks in service of defense and security, or while fighting against crime).

The Ministry of Labor, War Invalids and Social Affairs shall provide concrete guidance on the compilation of the dossier and, in collaboration with the concerned ministries and branches, determine the authorized level for the signing of the injury certificate, and for the keeping of the dossier on war invalids and beneficiaries of the same policies as war invalids.

1. The Ministry of Defense, the Ministry of the Interior, the People's Committees of the provinces and cities directly under the Central Government shall base themselves on the functions and tasks assigned to the authorized level in the People's Army and the People's Security Force, and the Labor, War Invalids and Social Affairs Service shall consider and decide to issue the "War Invalid Certificate" or the "Certificate of beneficiaries of the same policies as war invalids" and award the "War Invalid Insignia," and decide the implementation of the allowance regimes as prescribed.

2. The Ministry of Labor, War Invalids and Social Affairs shall guide and check the recognition of war invalids and beneficiaries of the same policies as war invalids.

Article 28.- The Ministry of Health in collaboration with the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Defense, the Ministry of the Interior shall study and issue or amend and supplement the criteria for injuries and diseases, and work out the statute for the organization, function and tasks of the Medical Expertise Council at various levels and various branches, direct the expertise of the degree of labor incapacity due to injuries corresponding with the labor and living conditions of the war invalids.

1. The war invalids and the beneficiaries of the same policies as war invalids shall receive their injury allowances from the date the authorized Medical Expertise Council concludes on the rate of labor incapacity due to injury.

2. The injury allowance shall be calculated according to the degree of labor incapacity of each person, and shall be based on the wage level of 312,000 VND.

3. The war invalids and the beneficiaries of the same policies like war invalids who have lost 21% of their labor capacity due to injury, shall receive a monthly allowance representing 21% of the prescribed wage level, to be added by 1% of the prescribed wage level for every 1% of the labor incapacity due to injury.

Article 30.- For those who received injury prior to the 31st of December 1994, and who have been recognized as war invalids or beneficiaries of the same policies as war invalids, shall receive the following treatment:

1. The armymen, militia, guerillas and shock youths who were wounded during the war of resistance but who received no certification of the rate of labor disability due to injury and who have been classified among the four categories of war invalids as defined in Decree No.236-HDBT on the 18th of September 1985 of the Council of Ministers (now the Government) shall receive the following uniform regime of injury allowance according to the rate of labor disability:

- Category 5/6 in the past (now 4/4) - labor disability rate 21%.

- Category 4/6 in the past (now 4/4) - labor disability rate 31%.

- Category 3/6 in the past (now 3/4) - labor disability rate 51%.

- Category 2/6 in the past (now 2/4) - labor disability rate 71%.

- Category 1/6 in the past (now 1/4) - labor disability rate 81%.

- Special category in the past (now 1/4) - labor incapacity rate 91%.

2. The war invalids and the beneficiaries of the same policies as war invalids whose degree of labor disability due to injury has been certified, shall receive a monthly allowance as defined in Article 29 on the basis of the degree of injury certified in the medical bulletin kept in the dossier for the granting of monthly allowance.

3. When at the time of the injury the concerned person had a salary level higher than prescribed (312,000 VND), besides the allowance stipulated in Article 29 of this Decree, he/she shall receive a lump-sum allowance representing from one to four months of salary at the time of the injury depending on the degree of labor disability. More concretely:

PRIVATE Degree of labor disability Lump sum allowance- From 21% to 40%- From 41% to 60%- From 61% to 80%- From 81% to 100%- 1 month salary at the time of injury- 2 months salary at the time of injury- 3 months salary at the time of injury- 4 months salary at the time of injuryArticle 31.- The injured person who lost 5% to 20% of his labor capacity due to injury shall receive a lump-sum allowance as follows:PRIVATE
Degree of labor disabilityLump sum allowance- From 5% to 10%- Form 11% to 15%- From 16% to 20%,- 1 month salary at the time of injury- 2 months salary at the time of injury- 3 months salary at the time of injuryIf the concerned person was not a wage earner or whose salary was lower than provided for in Article 29, Item 2 of this Decree, he/she shall receive a lump sum allowance based on the standard salary of 312,000 VND.Article 32.- If the person concerned has a degree of labor disability due to injury certified by the Medical Expertise Council and if the injury recurs after two years of treatment, he/she shall have his/her injury re-examined.The Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health shall provide concrete guidance for the re-expertise of the injury, settle the complaints and denunciations regarding this re-expertise.Article 33.- The war invalids and the beneficiaries of the same policies as war invalids who are not wage earners and do not benefit from social insurance, shall receive an area allowance at the place of their residence (if any).Article 34.- The war invalids and the beneficiaries of the same policies as war invalids who have lost 81% and more of their labor capacity with exceptionally serious injuries like having two and more limbs amputated, losing the use of both eyes, severe mental disorder, losing their natural functions, having two or more limbs paralysed due to an injury to the spinal marrow or the brain, who have to use permananently a wheelchair, or who have other exceptional injuries, shall receive an additional monthly allowance of 48,000 VND per person.Article 35.- For the war invalids and the beneficiaries of the same policies as war invalids who lost 81% and more of their labor capacity, and who are convalescing in their families, if the People's Committee of the commune or ward proposes and the Medical Expertise Council decides that a warden's service is needed, they shall receive a monthly allowance of 96,000 VND for this warden's service.For the war invalids and the beneficiaries of the same policies as war invalids who suffered specially severe injuries defined in Article 34 of this Decree and who are convalescing in their families, they shall receive a monthly allowance of 120,000 VND for this warden's service.Article 36.- The war invalids or beneficiaries of the same policies as war invalids and who have lost 81% and more of their labor capacity due to the injury or disease, and who for special circumstances cannot return to and live with their family, shall be nursed at a pension or invalid home of the province or city where their families reside under the guidance of the Ministry of Labor, War Invalids and Social Affairs.Article 37.- The war invalids or beneficiaries of the same policies as war invalids who have lost 81% and more of their labor capacity due to constant instability of they injuries and whose health is deteriorating, shall receive treatment, convalescence and rehabilitation.The Ministry of Labor, War invalids and Social Affairs shall cooperate with the Ministry of Health to guide and direct the use of hospital and convalescence beds annually under the plan ratified by the Government.Article 38.- Depending on the state of their injuries, the war invalids and the beneficiaries of the same policies like war invalids shall be supplied with prostheses or special use equipment and other necessary equipment and utensils for their daily life.The Ministry of Labor, War Invalids and Social Affairs shall, in consultation with the Ministry of Finance, provide detailed guidance on the types and categories of these equipments, the time limits for their use, and the modalities for delivery and payment of their cost.Article 39.- For the war invalids and the beneficiaries of the same policies as war invalids who lost 61% and more of their labor capacity and who die of sickness or accident, if they are not covered by social insurance, the organizer of their burial shall receive 960,000 VND as funeral and burial expenses, and their next of kin shall receive the following death allowances:1. The spouse, biological parents, the legal tutor having reached 60 years of age for men and 55 years of age for women, his/her children under 15 years or under 18 years but still at general school and born with disabilities or suffering from severe disabilities since early childhood (including biological children, legal adoptive children, children born out of wedlock but recognized by law and the children being expected at the time of the death of their father) shall receive a monthly allowance of 48,000 VND per person.2. The spouse, biological parents, the legal tutor up to 60 years old for men and 55 years for women, living alone without support, children under 15 years old or under 18 years but still at general education school, children born disabled or suffering from severe disabilities since early childhood and having lost both parents, shall receive monthly nursing allowance of 84,000 VND per person.3. In case the dead has no next of kin or his/her next of kin/does not belong to the category beneficiary of the monthly death allowance, one of other next of kins who is assuming his/her worship shall receive a lump sum death allowance of 600,000 VND.The budget for the expenditures stipulated in this article shall be covered by the State budget.Article 40.- Annulment of the determination of war invalids Category B.The armymen and members of the People's Security Force who were recognized as war invalids Category B prior to the 31st of December 1993 are now called armymen victims of labor accidents. They shall receive the following allowances from the State budget:1. Their monthly allowance is calculated on the degree of labor disability of each person and on the standard wage of 252,000 VND. More concretely:PRIVATE
Degree of labor disability Monthly allowance- From 21% to 30%- From 31% to 40%- From 41% to 50%- From 51% to 60%- From 61% to 70%- From 71% to 80%- From 81% to 90%- From 91% to 100%20% of standard wage = 50,400 VND25% of standard wage = 63,000 VND35% of standard wage = 88,200 VND40% of standard wage = 100,800 VND55% of standard wage = 138,600 VND65% of standard wage = 163,800 VND80% of standard wage = 201,600 VND90% of standard wage = 226,800 VND2. They shall receive area allowance at the place of their residence (if any) if they are not wage earners or are not covered by social insurance.3. They shall continue to receive additional allowance for exceptionally serious injuries and allowance for warden service (if any) and are eligible for annual convalescence leave.4. They shall benefit from the regime of equipment of instruments for personal use according to the state of the injury, the regime of medical examination and treatment, the regime of expertise of recurring wounds. Their benefits in case of death due to the injury or accident shall be the same as with an armyman victim of labor accident.5. The injured person who has a salary higher than the standard wage (312,000 VND) shall receive a lump sum allowance representing from one to three months' salary at the time of the injury depending on the degree of labor disability. More concretely:PRIVATE
Degree of labor disabilityLump sum allowance- From 21% to 40%- From 41% to 60%- From 61% to 80%- From 81% to 100%1 month salary at the time of injury1.5 month salary at the time of injury2 months salary at the time of injury3 months salary at the time of injuryArticle 41.- Those who were injured prior to the 31st of December 1994 who belong to one of the cases defined in Article 25 of this Decree and who have not been recognized as war invalids or beneficiaries of the same policies as war invalids, then the Ministry of Labor, War Invalids and Social Affairs shall cooperate with the concerned ministries and branches provide uniform guidance on the compilation of the dossier and procedures of recognition, the time limit for the allowances and the retroactive payment of allowances (if any).B. With regard to diseased soldiersArticle 42.- The diseased soldiers defined in Article 13 of the Ordinance are armymen, and members of the People's Security Force who are not eligible for the pension regime and who were diseased in the following circumstances:1. Due to their activities on the battlefield;2. Due to their activities in exceptionally difficult and hard conditions for three years and more;3. Due to their activities in exceptionally difficult and hard conditions for less than three years but who have served in the People's Army or the People's Security Force for more than ten years;4. They have served in the People's Army or the People's Security Force for 15 years.The exceptional difficult and hard conditions described in this Article refer to the place where the special wage subsidy of 100% is applied.Article 43.- 1. If an armyman or a member of the People's Security Force contracted the disease before he/she is demobilized and if the competent Medical Expertise Council concluded on his/her loss of labor ability of from 61% upward due to the disease, he/she shall be certified as a diseased soldier.2. The disease solider's dossier comprises: The decision of recognition, the record of the Medical Expertise Council, the medical bulletin of the person concerned.The Ministry of Defense, the Ministry of the Interior shall cooperate with the Ministry of Labor, War Invalids and Social Affairs to provide detailed guidance on the contents of the dossier, and the assignment of the competent authority to sign the decision of recognition and to issue the certificate.3. The diseased soldier's dossier shall be transferred to the Labor, War Invalids and Social Affairs Service in the province or city directly under the Central Government where the diseased soldier resides for management and full implementation of the preferential treatment regime.4. The Ministry of Labor, War Invalids and Social Affairs shall direct and check the certification of the diseased soldiers and direct the keeping of their files.Article 44.- The expertise of labor ability resulting from disease for a diseased soldier shall be done as prescribed in Article 28 of this Decree.Article 45.- 1. The diseased soldiers receive their allowances from the date of the issue of the decision of demobilization and return to their families.2. The diseased soldier's allowance shall be calculated according to the degree of labor disability of each and is based on the standard wage of 252,000 VND.Article 46.-1. The monthly allowance for diseased soldiers is calculated according to the following rates:PRIVATE
Degree of disabilityMonthly allowance- From 61% to 70%- From 71% to 80%- From 81% to 90%- From 91% to 100%55% of the standard wage = 138,600 VND65% of the standard wage = 163,800 VND80% of the standard wage = 201,600 VND90% of the standard wage = 226,800 VND2. The diseased soldiers who have lost 61% and more of their labor ability and who were certified and received monthly allowances prior to the 1st of January 1995 shall, on the basis of the rate of labor disability due to disease and already certified in the record of the Medical Expertise Council kept in their dossier, change to the regime of monthly allowances for diseased soldiers as defined in Item I of this Article.3. The armymen who took part in the war of resistance prior to the 20th of July 1954 and who have retired and benefited from the regime of loss of labor ability under Decree No.500-NB/LB on the 12th of November 1958 of the Ministries of Defense, Social Relief and Finance, and Decree No.523-TTg on the 6th of December 1958 of the Prime Minister, and who have changed to the regime of diseased soldier category 2/3 as defined in Decree No.236-HDBT on the 18th of September 1985 of the Council of Ministers, shall from now on receive diseased soldier allowances at the uniform rate of 71% of labor disability.Article 47.- 1. The diseased soldiers who were certified as such prior to the 31st of December 1994 and who have a wage higher than the standard wage (312,000 VND), shall receive a lump-sum allowance depending on the degree of labor disability. More concretely:PRIVATE
Degree of labor disabilityLump sum allowance- From 61% to 80%- From 81% to 100%- Two months wage at the time of demobilization- 3 months wage at the time of demobilizationArticle 48.- When an old disease recurs seriously and after his labor ability is re-expertized by the Medical Expertise Council, the conclusion of the Council shall be the basis to continue the allowance.The Ministry of Labor, War Invalids and Social Affairs together with the Ministry of Health shall provide detailed guidance for the re-expertise of the labor ability of the diseased soldier and settle all complaints and denunciations concerning this expertise (if any).Article 49.- The diseased soldier shall receive area allowance at the place of his residence (if any).Article 50.- The diseased soldier who has lost 81% and more of his labor ability and shows signs of especially serious disease, shall receive additional monthly allowance. Depending on the state of his/her disease he/she is entitled to the supply of prostheses, special-purpose equipment and necessary means and utensils for his daily life, shall receive monthly allowance for his warden, receive nursing, treatment and convalescence as a war invalid described in Articles 34, 35, 36, 37 and 38 of this Decree.Article 51.- When a diseased soldier who has lost 61% and more of his/her labor ability and who dies of recurring disease or of sickness or accident, the person who organizes his/her burial shall receive a funeral and burial allowance and his/her next of kin shall receive a death allowance as a war invalid or the beneficiary of the same policies as a war invalid defined in Article 39 of this Decree.Article 52.- 1. Annulment of the determination of diseased soldier Category 3.The armymen or members of the People's Security Force who are diseased or lost 41% to 60% of their labor ability and who have been certified as diseased soldiers Category 3 prior to the 31st of December 1994, are now no longer called diseased soldiers but armymen with occupational diseases, and shall receive monthly allowance based on the standard wage of 252,000 VND for a period of 2 years and a half (30 months) as from the 1st of January 1995. This allowance is paid by the State budget. More concretely:PRIVATE
Degree of labor disabilityMonthly allowance- From 41% to 50%- From 51% to 60%35% of standard wage = 88,200 VND 40% of standard wage = 100,800 VND2. After the expiry of the time limit for allowance, depending on the labor condition and the working period of each, he/she shall be considered for continued allocation of allowance.Item V. WITH REGARD TO THE REVOLUTIONARY ACTIVISTS OR RESISTANCE ACTIVISTS ARRESTED, IMPRISONED OR DEPORTED BY THE ENEMYArticle 53.- The following papers are the basis to consider and recognize a revolutionary activist or a resistance activist arrested, imprisoned or deported by the enemy as defined in Article 18 of the Ordinance:1. Declaration of the person arrested, imprisoned or deported by the enemy;2. Cadre resume or Party membership resume (if the person arrested, imprisoned or deported by the enemy is a full-time cadre or a Party member).3. Certification by the Prison Liaison Committee (if the person arrested, imprisoned or deported by the enemy was not a full-time cadre or was not a Party member).The Ministry of Labor, War Invalids and Social Affairs shall provide detailed guidance on the compilation of the dossier and procedures for competence in proposing certification.Article 54.- 1. The certification of the dossier and regime toward the persons arrested, imprisoned or deported by the enemy who still bear marks of injuries shall be effected as in the case of war invalids or beneficiaries of the same policies as war invalids defined in this Decree.2. If it is impossible to certify the injury (injuries) in the dossier of the person arrested, imprisoned or deported by the enemy, the Labor, War invalids and Social Affairs Service at the place where the person arrested, imprisoned or deported by the enemy is now residing, shall receive the dossier and submit to the President of the People's Committee of the province or city directly under the Central Government for decision to recognize and settle his benefits.The Ministry of Labor, War Invalids and Social Affairs shall guide and control the certification and keeping of the dossier.Article 55.-1. The revolutionary activists or resistance activists who were arrested, imprisoned or deported by the enemy, shall be awarded "Memory Badge" to be concretely stipulated by the State Emulation and Award Institute.2. The revolutionary activist or resistance activist who was arrested, imprisoned or deported by the enemy but whose injury(ies) cannot be certified, shall receive the following allowances:a/ A lump sum allowance based on the time of his/her imprisonment or deportation. More concretely:- Under one year: 500,000 VND- From 1 to 3 years: 1,000,000 VND- From more than 3 years to 5 years: 1,500,000 VND- From more than 5 years to 10 years: 2,000,000 VND- From 10 years upward: 2,500,000 VND.b/ When he/she dies, the person who organizes his/her burial shall receive 960,000 VND for his/her funeral and burial expenses.Article 56.- The person who organizes the funeral and burial of the following persons shall receive 960,000 VND: revolutionary activists or resistance activists arrested, imprisoned or deported by the enemy but whose injuries cannot be certified, and who have received their dossiers as war invalids or beneficiaries of the same policies as war invalids prior to the 1st of January 1995, and who temporarily receive the injury allowance and other preferential treatments as war invalids or beneficiaries of the same policies as war invalids stipulated at this Decree, who have not been re-examined to determine the rate of their labor disability, and who die of sickness or accident or recurring disease (in this case, the regime for war invalids when they die shall not apply).Item VI. WITH REGARD TO THE RESISTANCE ACTIVISTS FOR NATIONAL LIBERATION AND DEFENSE OF THE MOTHERLAND OR WHO DISCHARGE INTERNATIONAL OBLIGATIONSArticle 57.- The resistance activist for national liberation stipulated in Article 20 of the Ordinance is one who took part in war of resistance from the 19th of August 1945 to the 30th of April 1975 including both full-time and half-time cadres.Article 58.- The basis to certify a resistance activist for national liberation is the dossier of declaration together with the decision of reward when reviewing the resistance achievements in the forms of Medal, Victory Medal or Resistance Order and Medal (or both forms, Order and Medal, if any).The State Emulation and Award Institute shall have to direct the Emulation and Award Agencies at all levels and branches to supply dossiers on the consideration for award to each person to the Labor, War Invalids and Social Affairs Service in the province or city where the concerned person resides. The dossier together with the opinion of the Service shall be sent to the President of the People's Committee of the province or city for decision to recognize and decide on the benefits he/she is entitled to.The Ministry of Labor, War Invalids and Social Affairs shall direct and control the certification and keeping of the dossiers.Article 59.- The resistance activists defined in Article 57 of this Decree who have reached 60 years of age for men and 55 years for women, shall receive the following allowances:1. Monthly allowance for the period he/she took part in the resistance, at the rate of 2,400 VND per year. If this time includes odd months, a six-month period plus one or several odd months shall be reckoned as one year, while a period shorter than six months shall be reckoned as a half-year.2. A resistance activist who wishes to receive a lump sum allowance, shall receive 120,000 VND for each year of his/her participation in the resistance.Based on the budget capability and the situation and desire of each person, the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Finance shall make concrete provisions for the lump sum allowance.3. When a resistance activist who is receiving monthly allowance and who is not a wage earner, a pensioner or a beneficiary of long-term incapacity allowance dies, the organizer of his/her funeral and burial shall receive an allowance of 960,000 VND.Item VII. WITH REGARD TO PERSONS CREDITED WITH ASSISTING THE REVOLUTIONArticle 60.- 1. The person credited with assisting the revolution defined in Article 22 of the Ordinance is a citizen who has directly assisted the revolution prior to the 19th of August 1945 in the difficult and dangerous periods, who has been awarded by the State in the forms of "Memory Badge", "Grateful Motherland" accompanied with the diploma "Service to the Country", or the diploma "Service to the Country".2. The dossier of a person credited with assisting the revolution comprises the declaration on the process of activities and concrete achievements of each person certified by the commune or ward administration in the place of his/her residence together with the "Memory Badge" or "Grateful Motherland" or the diploma "Service to the Country."The Labor, War Invalids and Social Affairs Service shall base itself on the dossier, send its proposal to the President of the People's Committee of the province or city for decision to recognize and grant the preferential treatment.The Ministry of Labor, War Invalids and Social Affairs shall help the Government in directing and checking the certification and keeping of the dossier.Article 61.-1. The person credited with assisting the revolution stipulated in Article 60 of this Decree shall receive a monthly allowance of 72,000 VND per person. If he/she lives alone without support, he/she shall receive a monthly nursing allowance of 240,000 VND per person.2. The persons credited with assisting the revolution who have been awarded the Resistance Order by the State during the resistance, who have been recognized prior to the 1st of January 1995, when reaching 55 years of age for men and 50 for women, or if even before reaching these ages they have lost 61% and more of their labor capacity, shall receive a monthly allowance of 60,000 VND/month. If they live alone without support, they shall receive a nursing allowance of 180,000 VND per person.3. When a person credited with assisting the revolution who is receiving nursing allowance dies, the organizer of his/her burial and funeral shall receive an allowance of 960,000 VND.Chapter IIIOTHER PREFERENTIAL TREATMENT REGIMES FOR THE PERSONS WITH MERITORIOUS SERVICES TO THE REVOLUTIONItem I. ON HEALTH CAREArticle 62.- The following persons who are credited with meritorious services to the revolution but who are not wage earners, or are not covered by social insurance, shall receive medical insurance cards by the State for medical examination and treatment at the medical establishments, traditional medicine hospitals or army hospitals:1. The persons who took part in revolutionary activities prior to the August Revolution in 1945;2. The spouse, biological parents and children of fallen heroes, the persons credited with bringing up the fallen hero/heroine before his/her death and who are receiving monthly allowance;3. Heroes and heroines of the Armed Forces, Labor Heroes and Heroines, Vietnam Hero Mothers;4. War invalids and beneficiaries of the same policies as war invalids who have lost 21% and more of their labor ability due to injury;5. Diseased soldiers who have lost 61% and more of their labor ability due to injury;6. Revolutionary activists or resistance workers who were arrested, imprisoned or deported by the enemy;7. The persons credited with assisting the revolution and who are receiving monthly allowance;8. The persons who are receiving warden allowance, and the first and second children under 18 years of age of the war invalids, disease soldiers who have lost 81% and more of their labor ability.Article 63.- The monthly medical insurance for the persons credited with meritorious services to the revolution defined in Article 62 of this Decree is 3,600 VND per month. The Ministry of Health in cooperation with the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Finance shall provide detailed guidance on implementation.Item II. ON EDUCATION AND TRAININGArticle 64.- The pupils who are children of fallen heroes or heroines, war invalids or diseased soldiers and beneficiaries of the same policies as war invalids who have lost 81% and more of their labor ability, and who are studying at infant, primary and basic general and secondary schools, shall benefit from the following privileges:1. They are given priority in enrolment and in graduation;2. They receive each school year 60,000 VND for infant school, 90,000 VND for primary school, 120,000 VND for basic and secondary general school per pupil for the purchase of books, copy-books and school materials;3. They are exempt from all contributions to school construction;4. They are exempt from school fee.The pupils children of war invalids, diseased soldiers and beneficiaries of the same policies as war invalids who have lost from 61% to 80% of their labor ability, shall be exempt from school fee when they attend primary school, basic general school or secondary general school.Pupils children of war invalids, and beneficiaries of the same policies as war invalids who have lost from 21% to 60% of their labor ability, shall enjoy reduction by 50% of their school fee.Article 65.- With regard to the heroes and heroines of the Armed Forces, labor heroes and heroines, war invalids, beneficiaries of the same policies as war invalids, children of fallen heroes, children of war invalids and diseased soldiers and beneficiaries of the same policies as was invalids who have lost 81% and more of their labor ability, and are attending universities, colleges, vocational schools, job training schools, university courses and boarding general schools for ethnic minorities.1. They shall be classed among the high priority groups in recruitment, in the pass examinations, year-end examinations and change of stage in training. The heroes or heroines of the Armed Forces and labor heroes and heroines who have graduated from general education, shall be directly admitted to the formal system of higher education (without examinations), and classed among in the top priority group in enrolment and change of stage;2. They are given once every year an allowance of 150,000 VND when attending vocational secondary schools, job-training and pre-university courses, boarding general schools for ethnic minorities; 180,000 VND when attending college and university for the purchase of school materials and instruments;3. They receive 50% of the monthly bus fare from their boarding places to the school (if any);4. They are exempt from school fee.The pupils and students children of war invalids, children of diseased soldiers and children of the beneficiaries of the same policies as war invalids who have lost 61% to 80% <%1>of their labor ability, shall be exempt from school fee.The pupils and students children of war invalids, children of beneficiaries of the same policies as war invalids who have lost from 21% to 60% of their labor ability, shall be exempt from 50% of their school fee.Article 66.- Following are the levels of monthly social relief allowance for pupils and students who are covered by the preferential policies and who are attending State-owned schools including universities, colleges, vocational secondary schools, job-training schools, pre-university schools and boarding general schools for ethnic minorities who do not receive wage or allowance while studying at school:1. Monthly allowance of 150,000 VND/person for the pupils and students who are:- Heroes or heroines of the Armed Forces, Labor heroes or heroines;- War invalids and beneficiaries of the same policies as war invalids;- Children of war invalids, children of diseased soldiers and children of beneficiaries of the same policies as war invalids who lost 81% and more of their labor ability and bear injuries or specially grave diseases defined in Article 34 and Article 50 of this Decree.2. Monthly allowance of 120,000 VND/person for the pupils and students who are:- Children of fallen heroes or heroines who are receiving monthly death allowance.- Children of war invalids, children of diseased soldiers and beneficiaries of the same policies as was invalids who have lost 81% and more of their labor ability.3. Monthly allowance of 100,000 VND/person for the pupils and students who are:- Children of fallen heroes or heroines who are receiving nursing allowance.- Children of war invalids, children of diseased soldiers and children of beneficiaries of the same policies as war invalids who have lost from 61% to 80% of their labor ability.Article 67.- The State budget shall have to assure the allocations and allowances from its special sources for the educational and training service in order to make the payment as prescribed in Articles 64, 65 and 66 of this Decree. The Ministry of Education and Training shall cooperate with the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Finance in providing concrete guidance on the budget sources, and in the modalities to ensure close management of the implementation of the regime of preferential treatment defined in this section.Item III. ON SUPPORTING THE PERSONS WITH MERITORIOUS SERVICES TO THE REVOLUTION IN IMPROVING THEIR HOUSING CONDITIONArticle 68.- The persons with meritorious services to the revolution defined in Article 1 of this Ordinance shall be allotted residential land or given support to get a dwelling house depending on their services and the concrete situation of each person and the capabilities of the State and the locality.The Ministry of Construction shall cooperate with the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Finance and the General Land Administration to provide detailed guidance on the preferential policies regarding dwelling houses and residential land.Article 69.- The Presidents of the People's Committees in the provinces and cities directly under the Central Government have the responsibility to direct the various echelons, branches, socio-economic organizations, units of the People's Armed Forces and the entire population to realize their responsibility to take part in and activate the movement of building "Houses of Gratitude" with funds contributed by all organizations and individuals in the locality and other sources in order to join the State in supporting the persons with meritorious services to the revolution who are meeting with especially difficult situations so that they may have a stable place of residence.The Vietnam Fatherland Front and its member organizations shall take part in and jointly launch and maintain the movement of building "Houses of Gratitude."Item IV. ON SETTLEMENT OF EMPLOYMENT AND ASSISTING THE PERSONS WITH MERITORIOUS SERVICES TO THE REVOLUTION STABILIZE THEIR LIFE AND DEVELOP THEIR HOUSEHOLD ECONOMYArticle 70.- The persons with meritorious services to the revolution shall be given priority consideration in the settlement of employment, are assisted in stabilizing their life and development of their household economy. Concretely, they are given priority consideration in land allotment, in borrowing from the "National Fund for Employment" and other sources at low interest rate for their production activities. They are exempt totally or partially from various taxes and from the public utility labor obligation as prescribed by law.The Ministry of Agriculture and Food Industry, the Ministry of Finance, the State Planning Committee, the General Land Administration, and the Vietnam State Bank shall, within their jurisdiction, coopeerate with the Ministry of Labor, War Invalids and Social Affairs in providing detailed guidance in the implementation of the preferential treatment regimes stipulated in this Article.Chapter IVREWARD, HANDLING OF VIOLATIONS AND SETTLEMENT OF COMPLAINTS AND DENUNCIATIONSArticle 71.- The Ministry of Labor, War Invalids and Social Affairs shall base itself on the general reward regime of the State and cooperate with the State Emulation and Award Institute to provide detailed guidance on the consideration for commending the organizations and individuals with good achivements in the realization of the preferential treatment regimes prescribed by law.Article 72.-1. The persons who make false declarations or fake papers in order to be certified as having meritorious services to the revolution, shall have their certificates withdrawn, to return the sums they have received and depending on the extent of the violation, shall receive administrative sanction or examined for criminal liability as prescribed by law.2. The persons who make fall declarations or fake papers to receive more preferential treatment than their due (false declaration of their working time, age, injuries...) shall have their preferential benefits temporarily suspended, to return the sum they have received due to the false declaration or faked papers. Their papers shall be verified so that they can be given the proper benefits stipulated in this Decree.3. The persons who make wrong certification or fake papers to help another get a certificate of person with meritorious services to the revolution and benefit from the preferential treatment, shall, depending on the extent of their violation, be disciplined, or examined for criminal liability. The person who has wrongly received the preferential treatment shall have to return the money he/she has illegally received.4. The person who misuses his/her position and powers to obstruct or who, out of irresponsibility, leads to errors in the certification thus harming the interests of the persons having meritorious services to the revolution shall, depending on the extent of his/her violation, be disciplined or examined for criminal liability as prescribed by law.5. The person who violates the provisions on management and use of the budget sources used for the care of the persons with meritorious services to the revolution, or who uses these sources wrongly shall, depending on the extent of his/her violation, be disciplined or examined for criminal liability as prescribed by law.Article 73.-1. If the person credited with meritorious services with the revolution and who is benefiting from the preferental treatment commits offences and is sentenced to prison terms of less than five years, he/she shall be denied the preferential treatment while serving his/her prison term.2. If the person credited with meritorious services to the revolution and who is benefiting from the preferential treatment commits a grave crime, and is condemned to prison terms of five years and more, shall have his/her certificate withdrawn and shall have the preferential treatment suspended from the date the sentence becomes effective.Article 74.- The withdrawal of the certificate, the suspension or renewal of the preferential treatment or the restoration of the preferential treatment after he/she has served his/her prison term stipulated in Article 72 and Article 73 of this Decree, shall be decided by the agency or unit authorized to issue the certificate and to apply the regime of preferential treatment according to the guidance of the Ministry of Labor, War Invalids and Social Affairs.Article 75.- 1. All organizations and individuals have the right to file their complaints and denunciations against the acts of violation of the provisions of the Ordinance on Preferential Treatment of the Revolutionary Activists, Fallen Heroes and their Families, War Invalids, Diseased Soldiers, Resistance Activists and People with Meritorious Services to the Revolution.2. Upon receipt of the complaints or denunciations, the State agencies have to settle the issue as provided for in the Ordinance on Complaints and Denunciations by the People.Chapter IVIMPLEMENTATION PROVISIONSArticle 76.-1. The grants and allowances and other payments provided for in this Decree have been calculated to correspond with the wage coefficients of the State employees' salary and wage. They shall be readjusted correspondingly when there is a change in the wage and salary level.2. The Ministry of Defense, the Ministry of the Interior, the Ministry of Labor, War Invalids and Social Affairs shall have to draw up the draft annual budget for this work and reach agreement with the State Planning Committee and the Ministry of Finance before submitting it to the Government for approval. They shall have to organize the realization of the preferential treatment regime stipulated in this Decree with regard to the persons within the purview of their management.Aritcle 77.- This Decree takes effect on the 1st of January 1995.All earlier regulations contrary to the provisions of this Decree are now annulled.Article 78.- The Ministry of Labor, War Invalids and Social Affairs shall cooperate with the concerned agencies to provide detailed guidance and organize the carrying out of this Decree. At the same time, it shall have to direct the management and control the implementation of the policies toward the persons credited with meritorious services to the revolution in all branches and localities throughout the country.Article 79.- The Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government, the Presidents of the People's Committees in the provinces and cities directly under the Central Government shall have to implement this Decree. They may, within the scope of their responsibility and capabilities, provide for other preferential treatments toward the persons credited with meritorious services to the revolution.On behalf of the GovernmentThe Prime MinisterVO VAN KIET