Decree 40/2024/ND-CP Providing Guidance on the Law on Forces Participating in Security and Order Protection at the Grassroots Level
Has Decree 40/2024/ND-CP been issued to provide guidance on the Law on Forces Participating in Security and Order Protection at the Grassroots Level?
On April 16, 2024, the Government of Vietnam issued Decree 40/2024/ND-CPhttps://thuvienphapluat.vn/van-ban/Bo-may-hanh-chinh/Nghi-dinh-40-2024-ND-CP-huong-dan-Luat-Luc-luong-tham-gia-bao-ve-an-ninh-trat-tu-o-co-so-594281.aspx detailing some provisions of the Law on Forces Participating in Security and Order Protection at the Grassroots Level.
According to Articles 1, 2 of Decree 40/2024/ND-CP, it clearly stipulates the scope of regulation and the subjects of application of Decree 40/2024/ND-CP as follows:
Scope of Regulation
Decree 40/2024/ND-CP prescribes regulations on uniforms, insignias, badges, nameplates, certificates, vehicles, equipment for the performance of duties by the forces participating in security and order protection at the grassroots level; policies for those participating in the security and order protection force at the grassroots level who have not participated in health insurance, social insurance and are ill, injured, or deceased while performing their duties.
Subjects of Application
Decree 40/2024/ND-CP applies to the forces participating in security and order protection at the grassroots level; agencies, organizations, and individuals related to policies, ensuring the operational conditions of the forces participating in security and order protection at the grassroots level.
What is the level of support for participants in the security and order protection force at the grassroots level who have not participated in health insurance and are ill, injured, or deceased while performing their duties?
According to the provisions of Article 5 of Decree 40/2024/ND-CP, the level of support for participants in the security and order protection force at the grassroots level who have not participated in health insurance and are ill, injured, or deceased while performing their duties is as follows:
Participants in the security and order protection force at the grassroots level are supported with the cost of medical examination and treatment and daily meal allowances during hospitalization until their health stabilizes and they are discharged from the hospital, as determined by the Provincial People's Council.
Additionally, the dossier to receive support includes:
- Application for medical examination and treatment cost reimbursement of the person supported by policies who is ill, injured, or deceased, or their legal representative.
- Copy of the payment receipt and discharge paper.
When state management agencies complete the connection and sharing of data information in the prescribed dossier components, the competent authority must exploit it online and may not request the applicant to provide paper dossiers.
Furthermore, the process for resolution is as follows:
- The applicant for support policies due to illness, injury, or being deceased, or their legal representative prepares 01 set of dossiers as prescribed and submits it to the People's Committee of the commune or district in one of the following forms:
+ Submit directly;
+ Via postal service;
+ Hire the services of businesses, individuals;
+ Online submission at the National Public Service Portal or the Provincial Administrative Procedure Resolution Information System.
- The People's Committee of the commune or district is responsible for receiving, checking the dossier.
In case of an incomplete dossier, they must immediately guide completion. Within 02 working days from the date of receiving a complete dossier, the receiving agency must transfer it to the District Department of Labor, War Invalids, and Social Affairs for verification.
- The District Department of Labor, War Invalids, and Social Affairs is responsible for verifying the dossier within 05 working days from the date of receiving a complete dossier. In case the dossier is not eligible for resolution, the verifying agency must provide a written response stating the reasons.
- Within 02 working days from the date the District Department of Labor, War Invalids, and Social Affairs reports that the dossier is eligible for resolution, the Chairman of the District People's Committee issues a decision to disburse support funds for medical examination and treatment for the ill, injured, or deceased.
- Within 03 working days from the date the Chairman of the District People's Committee issues a funding decision, the People's Committee of the commune must disburse the funds for medical examination and treatment to the ill, injured, or deceased; where there is no commune-level administrative unit, the District Police performs the disbursement; the disbursement can be through bank transfer, postal service, or direct receipt at the disbursing agency.
When does Decree 40/2024/ND-CP, which provides guidance on the Law on Forces Participating in Security and Order Protection at the Grassroots Level, take effect?
According to Article 7 of Decree 40/2024/ND-CP, the effective date is clearly stipulated as follows:
Effectiveness
- This Decree takes effect from July 1, 2024.
- The following documents are invalidated from the effective date of this Decree:
a) Decree No. 38/2006/ND-CP dated April 17, 2006 of the Government of Vietnam on Civil Defense;
b) Decree No. 73/2009/ND-CP dated September 7, 2009 of the Government of Vietnam detailing the implementation of some articles of the Ordinance on the Commune Police.
According to the above provisions, Decree 40/2024/ND-CP providing guidance on the Law on Forces Participating in Security and Order Protection at the Grassroots Level takes effect from July 1, 2024.
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