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THE MINISTRY OF LABOR, WAR INVALIDS AND
SOCIAL AFFAIRS
THE MINISTRY OF FINANCE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
17/2000/TTLT-BLDTBXH-BTC
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Hanoi, July 05, 2000
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JOINT CIRCULAR
GUIDING THE IMPLEMENTATION OF A NUMBER OF
REGIMES FOR RESISTANCE WAR ACTIVISTS AND THEIR NATURAL CHILDREN WHO WERE
INFECTED WITH CHEMICAL TOXINS USED BY THE US DURING THE VIETNAM WAR
In furtherance of the Prime Minister’s
Decision No.26/2000/QD-TTg of February 23, 2000 on number of regimes for
resistance war activists and their natural children who were infected with
chemical toxins used by the US during the Vietnam war;
After obtaining comments of the Health Ministry in its Official Dispatch
No.2355/YT-TCCB of April 13, 2000, the Ministry of Labor, War Invalids and
Social Affairs and the Ministry of Finance hereby jointly guide the
implementation thereof as follows:
I.
SUBJECTS ELIGIBLE FOR ALLOWANCES
1. People who have directly borne the
consequences of chemical toxins while they were engaged in work, combat or
combat services in areas where chemical toxins were used by the US, including:
- Officers and men, career servicemen, military
workers and employees of the Vietnam People’s Army;
- Officers, men, workers and employees of the
People’s Police Force;
- Local policemen, militiamen, guerrillas and
self-defense men;
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- Officials of hamlets, villages, communes and
wards in the system of the Party, administrations, fronts and revolutionary
socio-political mass organizations;
- Mobilized youth volunteers defined in the
Prime Minister’s Decision No.104/1999/QD-TTg of April 14, 1999;
- Front-line supply carriers.
The above-said subjects shall be collectively
referred to as the resistance war activists.
2. People who have indirectly borne the
consequences of chemical toxins:
Alive children of resistance war activists
defined in Clause 1, Section I above.
II.
CONDITIONS FOR ENJOYING ALLOWANCES
1. The resistance war activists defined at Point
1, Section I above must fully meet three following conditions:
- They were engaged in work, combat and/or
combat services in areas where chemical toxins were used by the US (from the
17th parallel southward) during the anti-US war for national salvation from
August 1961 to April 30, 1975;
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- They have not yet enjoyed allowances for
diseased soldiers, war invalids, or entitlements like for war invalids.
2. Alive children of resistance war activists
defined at Point 2 - Section I above, who are deformed, physically defective,
incapable of working and taking care of themselves in daily life, or who are
incapable of working but still capable of taking care of themselves in daily
life activities.
Subjects defined at Points 1 and 2 above, who
have suffered illnesses or deformities or physical defects on the list of
illnesses and physical defects promulgated by the Ministry of Health.
III.
ENTITLED ALLOWANCE REGIMES
Resistance war activists and their natural
children who fully meet the conditions prescribed in Section II above shall be
entitled to the following regimes:
1. Monthly allowances:
a/ For resistance war activists:
- The allowance level of 100,000
VND/person/month shall be given to those who have suffered serious ailments due
to chemical toxin infection and lost their working capacity.
- The allowance level of 88,000 VND/person/month
shall be given to those who have suffered illnesses due to chemical toxin
infection, and the working capacity decrease.
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- The allowance level of 84,000 VND/person/month
shall be given to those who are seriously deformed or physically defective,
incapable of working and taking care of themselves in daily life activities.
- The allowance level of 48,000 VND/person/month
shall be given to those who are deformed or physically defective, incapable of
working but still capable of taking care of themselves in daily life
activities.
2. Medical insurance:
If eligible subjects have not yet enjoyed
medical insurance, the units directly managing them shall buy medical insurance
for them at a level representing 3% of the current minimum wage.
3. Resistance war activists, who are now old and
weak, lonely, have no one to support, and resistance war activists’ children,
who are orphaned and incapable of earning their livings, shall be considered
for admission into the social relief establishments and entitled to the
preferential regimes according to the State’s current regulations.
4. Resistance war activists who are trapped in
hunger and poverty, suffer working capacity decrease, and their natural
children who are deformed or physically defective but still capable of working,
shall be given priority to borrow capital from the National Employment Fund
and/or the Hunger Elimination and Poverty Alleviation Fund, for investment in
their production and/or business activities, in order to improve their living
conditions.
IV.
PROCEDURES AND DOSSIERS
In order to be considered for chemical toxin
infection allowances, the resistance war activists and their natural children
defined in Section I shall make written declarations for allowance entitlement
(according to the set form), enclosed with written certifications of ailments, deformities
and/or physical defects due to chemical toxin infection, by rural/urban
district medical centers or polyclinics of localities where they reside, then
send them to the People’s Committees of communes, wards and district townships
for certification, before sending them to the Bureaus of Labor, War Invalids
and Social Affairs or the Bureaus of Organization and Labor of rural districts,
urban districts and provincial capitals (hereafter collectively referred to as
the Bureaus of Labor, War Invalids and Social Affairs) for synthesization and
submission to the provincial/municipal Services of Labor, War Invalids and
Social Affairs for consideration and approval.
Basing themselves on the dossiers submitted by
the Bureaus of Labor, War Invalids and Social Affairs and the list of people
infected with chemical toxins already surveyed under the Prime Minister’s
Decision No.74/1998/QD-TTg, the Services of Labor, War Invalids and Social
Affairs of the provinces and centrally-run cities shall assume the prime responsibility
and coordinate with the provincial/municipal Finance and Pricing Services in
organizing the consideration, approval and drawing up of the list of people
eligible for allowances, and submitting them to the provincial/municipal
People’s Committees, which shall issue allowance decisions and notify them to
the People’s Committees of rural districts, urban districts and provincial
capitals for implementation.
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On the basis of the list of people eligible for
chemical toxin infection allowances already approved by the
provincial/municipal People’s Committees, the provincial/municipal Services of
Labor, War Invalids and Social Affairs shall have to make synthesized lists of
eligible subjects and funding sources and send them to the provincial/municipal
Finance and Pricing Services to serve as basis for formulating estimates of
annual allowances to be allocated from local budgets to the eligible subjects,
and at the same time send one copy thereof to the Ministry of Labor, War
Invalids and Social Affairs.
Resistance war activists who were infected with
chemical toxins, old, weak, lonely, and have no one to support; and natural
children of resistance war activists who are deformed or physically defective
due to chemical toxin infection and are orphaned, shall be admitted to the
social relief establishments, after the directors of the provincial/municipal
Services of Labor, War Invalids and Social Affairs consider, approve and settle
the cases on the basis of the complete procedures mentioned above.
V.
FUNDING SOURCES TO COVER ALLOWANCE REGIMES
1. Funding sources to pay the allowances and buy
medical insurance for resistance war activists and their natural children who
were infected with chemical toxins as defined in Section I of this Circular
shall be ensured by the local budgets with social allowances sources annually
allocated by the Government.
2. In 2000, since the allowance funding sources
have not yet incorporated in the local budget estimates, the Ministry of
Finance shall make the "targeted supplementary allocations" from the
central budget, so that the localities have sources to pay allowances to
eligible subjects. The basis for considering and allocating funding sources to
the localities shall be the list of people suffering the consequences of
chemical toxins, already synthesized by the Ministry of Labor, War Invalids and
Social Affairs following the survey on "people suffering consequences of
chemical toxins used by the US during the Vietnam war" under the Prime
Minister’s Decision No.74/1998/QD-TTg of April 03, 1998 and the allowance
levels provided for in the Prime Minister’s Decision No.26/2000/QD-TTg of
February 23, 2000.
The Ministry of Labor, War Invalids and Social
Affairs shall synthesize lists of allowance beneficiaries and funding sources
proposed by localities, then send the result thereof to the Finance Ministry
for allocation of "targeted supplementary" funding sources to the
provinces.
VI.
ORGANIZATION OF IMPLEMENTATION
1. In order to fully realize the content of the
Prime Minister’s Decision No.26/2000/QD-TTg of February 23, 2000, the
provincial/municipal Services of Labor, War Invalids and Social Affairs shall
have to:
- Coordinate with the mass media agencies in
their respective localities in propagating and popularizing the spirit and
content of the Prime Minister’s Decision No.26/2000/QD-TTg of February 23, 2000
and this Joint Circular’s guidance to all levels, branches and local people.
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- Coordinate with the People’s Committees of
rural districts, urban districts and provincial capitals in publicly posting up
the lists of resistance war activists and their natural children who are
eligible for allowances at such People’s Committees’ offices. If within 15 days
after such lists are posted up, there is no complaint thereabout, the
allowances shall be paid.
2. The Finance and Pricing Services of the
provinces and centrally-run cities shall coordinate with the
provincial/municipal Services of Labor, War Invalids and Social Affairs in
considering and approving subjects eligible for allowances, ensuring the
funding sources for allowance payment, and guiding the management and
settlement of such funding sources according to the State’s current
regulations.
3. The provisions of this Circular shall apply
as from January 1st, 2000.
Any problems arising in the course of
implementation shall be promptly reported to the Ministry of Labor, War
Invalids and Social Affairs and the Ministry of Finance for solution and
settlement.
FOR THE MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
VICE MINISTER
Nguyen Dinh Lieu
FOR THE FINANCE MINISTER
VICE MINISTER
Nguyen Thi Kim
Ngan