Vietnam: What are the conditions and criteria for recognizing wounded soldiers and persons on benefits the same as wounded soldiers?
- What are the conditions and criteria for recognizing wounded soldiers and persons on benefits the same as wounded soldiers in Vietnam?
- What are the regulations on the application and procedures for recognizing wounded soldiers in Vietnam?
- What are the regulations on the power to issue certificates of wounded soldiers in Vietnam?
What are the conditions and criteria for recognizing wounded soldiers and persons on benefits the same as wounded soldiers in Vietnam?
Pursuant to Article 34 of Decree 131/2021/ND-CP as follows:
Conditions and criteria for recognizing wounded soldiers and persons on benefits the same as wounded soldiers (hereinafter collectively referred to as wounded soldiers)
1. Directly serving in combat specified at Point a, Clause 1, Article 23 of the Ordinance is defined as performing tasks while the battle is taking place or while the enemy is bombarding: ambulance, wound loading, ammunition loading, ensuring communication, protecting goods and cases of ensuring combat.
2. Enemy-occupied areas, areas subject to hostilities, and areas adjacent to enemy-occupied areas specified at Point b, Clause 1, Article 23 of the Ordinance shall be determined according to the provisions of Appendix III of this Decree.
3. Directly performing combat training, drills, or performing defense and security tasks of dangerous nature specified at Point g, Clause 1, Article 23 of the Ordinance is defined as follows:
a/ Performing combat training and drills of dangerous nature in the following cases: firing live ammunition or using explosives; firefighting; counterterrorism, riots; freeing hostages; rescue, rescue, disaster response; in combat training, exercises of forces: air force, navy, fisheries control, coast guard, commando, special reconnaissance, mobile police, and special forces.
b/ Performing national defense and security tasks of dangerous nature when: fighting fires; counterterrorism, and riots; freeing hostages; performing rescue, and disaster response; performing the tasks of fisheries controllers and coast guards; searching and collecting the remains of martyrs; conducting clearance, disposal, and destruction of landmines and explosive materials; researching, manufacturing, producing, testing, preserving and transporting projectiles, explosives, weapons, and ammunition; constructing defense and security underground works.
4. Border, sea, and island areas with extremely difficult conditions as prescribed at Point h, Clause 1, Article 23 of the Ordinance (hereinafter referred to as particularly difficult areas) are areas with dangerous, harsh, and difficult natural conditions for accidents, including areas under Appendix IV of this Decree.
5. Directly fighting against crimes specified at Point i, Clause 1, Article 23 of the Ordinance is to directly perform the tasks at the request of competent agencies assigned to investigate, detect, prevent, arrest offenders or prevent acts dangerous to society under the crimes specified in the Criminal Code.
6. Considering the recognition of wounded soldiers as prescribed at Point k, Clause 1, Article 23 of the Ordinance, including the following factors:
a) Be fully aware of the danger and urgency of the incident.
b) Take the initiative to perform exceptionally brave acts, accepting self-sacrifice.
c/ Protect the vital interests of the State, the life, and legitimate interests of the People or to prevent and arrest persons committing particularly serious offenses.
d/ Be a meaningful example of honor, education, spreading widely in society, being awarded the Medal, and being organized by the state management agency in charge of meritorious persons to study the example nationwide.
7. Other cases shall comply with the provisions of Points c, d, dd, and e, Clause 1, Article 23 of the Ordinance.
Accordingly, individuals are recognized as wounded soldiers when meeting the above conditions.
What are the regulations on the application and procedures for recognizing wounded soldiers in Vietnam?
Pursuant to Article 39 of Decree 131/2021/ND-CP, the regulations on the application and procedures for recognizing wounded soldiers are:
For wounded persons managed by army units and police authorities:
- The Ministry of National Defense and the Ministry of Public Security shall guide the recognition process as prescribed, issue decisions on the issuance of certificates of wounded soldiers, persons on benefits the same as wounded soldiers, and benefits and preferential allowances according to Form No. 59 of Appendix I promulgated together with Decree 131/2021/ND-CP or issue a decision on lump-sum disability benefits according to Form No. 61 of Appendix I promulgated with Decree 131/2021/ND-CP for cases with the bodily injury rate from 5% to 20%.
Wounded soldiers with a body injury rate of 81% or more have particularly severe injuries: amputation or complete paralysis of two or more limbs; complete blindness of both eyes; severe mental illness, leading to inability to self-help in daily life, is entitled to a special monthly allowance as prescribed at Point d, Clause 1, Article 24 of the Ordinance on Preferential Treatment of Meritorious Persons with the Revolution 2020.
At the same time, the Ministry of National Defense and the Ministry of Public Security shall issue the certificate of wounded soldiers according to Form No. 102 of Appendix I issued together with Decree 131/2021/ND-CP, and transfer the application to the Department of Labor, War Invalids and Social Affairs where the injured person resides, in case of service, demobilization, change branches, resignation, and retirement.
The time for consideration and settlement shall not exceed 70 days from the date on which the agency or unit directly managing the injured person makes and completes the documents specified in Article 37 of Decree 131/2021/ND-CP.
- The Department of Labor, War Invalids and Social Affairs shall, within 12 days from the date of receipt of a complete application, inspect and continue to implement the preferential benefits.
For wounded persons not managed by army units and police authorities:
- Agencies and units directly managing injured persons shall make and complete documents as prescribed in Article 37 of this Decree and send them to competent agencies issuing certificates of wounds as prescribed in Clauses 3, 4, and 5, Article 36 of Decree 131/2021/ND-CP.
- Agencies and units competent to issue certificates of wounds, within 20 days from the date of receipt of sufficient documents, shall inspect and issue injury certificates according to Form No. 35 of Appendix I promulgated together with Decree 131/2021/ND-CP and transfer the application to the Department of Labor, War Invalids and Social Affairs where the injured person resides.
- The Department of Labor, War Invalids and Social Affairs shall, within 12 days from the date of receipt of a sufficient application, inspect the application and issue a recommendation letter according to Form No. 38 of Appendix 1 of this Decree to the provincial-level medical assessment council to determine the bodily injury rate caused by wounds.
- The provincial-level medical assessment council shall, within 60 days from the date of receipt of sufficient documents, organize the assessment of wounds and send the minutes of medical assessment according to Form No. 78 of Appendix I promulgated together with Decree 131/2021/ND-CP to the Department of Labor, War Invalids and Social Affairs.
- The Department of Labor, War Invalids and Social Affairs shall, within 12 days from the date of receipt of the minutes of medical assessment, shall:
Promulgate the decision on the issuance of certificates of persons on benefits the same as wounded soldiers and benefits and preferential allowances according to Form No. 59 of Appendix I of this Decree and issue certificates according to Form No. 102 of Appendix I promulgated together with Decree 131/2021/ND-CP for cases with the bodily injury rate of 21% or more or issue an execution lump-sum disability allowance according to Form No. 61, Appendix I of this Decree for cases with the bodily injury rate from 5% to 20%.
Wounded soldiers with a body injury rate of 81% or more have particularly severe injuries: amputation or complete paralysis of two or more limbs; complete blindness of both eyes; severe mental illness, leading to inability to self-help in daily life, is entitled to a special monthly allowance as prescribed at Point d, Clause 1, Article 24 of the Ordinance on Preferential Treatment of Meritorious Persons with the Revolution 2020.
At the same time, certificates of wounded soldiers and benefits the same as wounded soldiers are issued according to Form No. 102 of Appendix I issued together with Decree 131/2021/ND-CP.
What are the regulations on the power to issue certificates of wounded soldiers in Vietnam?
According to the provisions of Article 38 of Decree 131/2021/ND-CP on the power to issue certificates of wounded soldiers, benefits are the same as wounded soldiers and decisions on benefits and allowances are as follows:
For wounded persons managed by army units:
- The commander or political commissar of the military zone shall issue a decision on the issuance of certificates of wounded soldiers, certificates of benefits the same as wounded soldiers and decisions on benefits and allowances, or issue decisions on lump-sum disability allowances for persons under their management and those who have moved outside the military in the military area of the military zone.
- The Director of the Policy Department shall issue decisions on the issuance of certificates of wounded soldiers, certificates of benefits the same as wounded soldiers and decisions on benefits and allowances, or issue decisions on lump-sum disability allowances for persons managed by the remaining agencies and units and persons who have moved outside the military in Hanoi.
For wounded persons managed by police authorities:
The Director of the Department of Personnel Organization, Ministry of Public Security shall issue certificates of wounded soldiers, certificates of benefits the same as wounded soldiers, and decisions on benefits and allowances, or issue decisions on lump-sum disability allowances for persons who are wounded while working in police authorities.
For wounded persons not managed by army units and police authorities:
The Department of Labor, War Invalids, and Social Affairs shall issue certificates of benefits the same as wounded soldiers and decisions on benefits and allowances, or issue decisions on lump-sum disability allowances.
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