Vietnam: What are the bases for the issuance of certificates of sacrifice for those who fought to protect the independence of the territory, national security?
- What are the conditions and criteria for recognition of martyrs in Vietnam?
- What are the bases for the issuance of certificate of sacrifice for those who fought to protect the independence of the territory, national security?
- What are the dossiers of recognition of martyrs for individuals who are police or military personnel?
What are the conditions and criteria for recognition of martyrs in Vietnam?
Pursuant to Article 14 of Decree 131/2021/ND-CP stipulating as follows:
Conditions and criteria for recognition of martyrs in Vietnam
1. Directly serving combat specified at Point a, Clause 1, Article 14 of the Ordinance is defined as performing tasks while the battle is taking place or while the enemy is shelling: care for injured persons, transport injured persons, transport ammunition, ensure communications, protect cargo and cases ensure combat.
2. Areas occupied by the enemy, areas with hostilities, and areas adjacent to enemy occupation zones specified at Point b, Clause 1, Article 14 of the Ordinance are determined according to the provisions of Appendix III of this Decree.
3. Directly performing combat training tasks, maneuvers or performing dangerous national defense and security tasks specified at Point g, Clause 1, Article 14 of the Ordinance is determined as follows:
a) The task of combat training and maneuvering is dangerous in the following cases: firing live ammunition, using explosives; fire fighting; fighting terrorism and riots; freeing hostages; rescue, rescue and respond to natural disasters; in combat training and drills of forces: air force, navy, fishery control, coast guard, commando, special reconnaissance, mobile police, special forces.
b) Performing dangerous national defense and security tasks when: fighting fire; fighting terrorism and riots; freeing hostages; rescue, rescue and respond to natural disasters; perform the duties of the fishery control and the coast guard; search and gather the remains of martyrs; clearance, treatment and destruction of bombs and mines and explosives; research, manufacture, manufacture, test, preserve and transport propellants, explosives, weapons and ammunitions; construction of underground works for national defense and security.
4. Border areas, seas and islands subject to exceptionally difficult conditions as prescribed at Point h, Clause 1, Article 14 of the Ordinance (hereinafter referred to as extremely difficult areas) are areas subject to natural conditions. Dangerous, harsh and difficult natural conditions prone to accidents and illnesses, including areas specified in Appendix IV of this Decree.
Recognition is not considered for cases of illness in extremely difficult areas but have been treated at a provincial hospital or higher or sick elsewhere and have been treated but not cured and still move to areas with extremely difficult conditions.
5. Directly performing the task of combating crimes specified at Point i, Clause 1, Article 14 of the Ordinance means directly performing tasks at the request of competent authorities in order to investigate, detect, prevent and arrest keep criminals or prevent acts dangerous to society as prescribed in the Criminal Code.
6. Consideration for recognition of martyrs for the case specified at Point k, Clause 1, Article 14 of the Ordinance includes the following elements:
a) Be fully aware of the danger and urgency of the matter.
b) Actively performing exceptionally brave acts, accepting self-sacrifice.
c) To protect important interests of the State, life and legitimate interests of the people or to prevent or arrest people committing particularly serious crimes.
d) Being a role model with the meaning of honoring, educating, spreading widely in the society, being awarded the Medal and being promoted by the State management agency in charge of people with meritorious services to promote and study the example throughout Vietnam.
7. Other cases specified at Points c, d, dd, e, l, m, Clause 1, Article 14 of the Ordinance.
Thus, in order to be recognized as a martyr, an individual must meet the criteria and conditions specified above.
Vietnam: What are the bases for the issuance of certificates of sacrifice for those who fought to protect the independence of the territory, national security?
What are the bases for the issuance of certificate of sacrifice for those who fought to protect the independence of the territory, national security?
In Clause 1, Article 17 of Decree 131/2021/ND-CP as follows:
Bases for issuance of certificate of sacrifice in Vietnam
1. For the case of sacrifice specified at Point a, Clause 1, Article 14 of the Ordinance, the issuance of a certificate of sacrifice in Vietnam must be based on the certification of the following agencies and units:
a) The martyrs are officers, professional soldiers, non-commissioned officers, soldiers, defense civil servants, workers and defense officers issued by the head of a battalion or equivalent; The sacrifices are people doing cipher work, people doing other jobs in cipher organizations and cipher students under the Government Cipher Committee, granted by heads of units under agencies and units under the Board.
b) The sacrificed person is an officer, non-commissioned officer, soldier, worker, or contract worker with an indefinite term who is entitled to a salary from the public security budget granted by the head of the district-level police department or the equivalent.
c) People who sacrificed themselves belong to central agencies, granted by heads of departments or equivalent levels.
d) The sacrifice not specified in points a, b, c of this clause shall be issued by the chairperson of the commune-level People's Committee.
Thus, the issuance of certificates of sacrifice for those who fight to protect the independence of the territory, national security will be granted based on the certifications of the agencies and units listed in the above regulations.
What are the dossiers of recognition of martyrs for individuals who are police or military personnel?
Pursuant to Article 18 of Decree 131/2021/ND-CP stipulating as follows:
Dossiers and procedures for recognition of martyrs
1. When a person sacrifices himself under the management of the army or police, the Ministry of National Defense or the Ministry of Public Security shall be responsible for:
a) Guidance on the process of preparing dossiers of application for recognition of martyrs according to regulations.
b) Send a written request together with the dossier to the Ministry of Labor, War Invalids and Social Affairs for appraisal within no more than 50 days from the date on which the agency or unit directly managing the deceased establishes and completes the papers specified in Article 17 of this Decree.
2. When a person dies who is not specified in Clause 1 of this Article, a dossier of application for recognition of a martyr shall be made as follows:
a) The agency, organization or unit directly managing the deceased shall establish and complete the papers specified in Article 17 of this Decree and send it to the competent authority to issue the certificate of sacrifice specified in Clauses 3, 4 and 5, Article 16 of this Decree.
b) The agency competent to issue the certificate of sacrifice specified in Clauses 3 and 4, Article 16 of this Decree within 20 days from the date of receipt of all documents, is responsible for checking, verifying, issue a certificate of sacrifice according to Form No. 34, Appendix I of this Decree; send a document together with the papers specified in Article 17 of this Decree to the Ministry of Labor, War Invalids and Social Affairs for appraisal.
c) The agency competent to issue death certificates specified in Clause 5, Article 16 of this Decree, within 20 days from the date of receipt of all documents, is responsible for examining, verifying, and granting such certificate of sacrifice; send a document together with the papers specified in Article 17 of this Decree to the Department of Labor, War Invalids and Social Affairs.
The Department of Labor, War Invalids and Social Affairs, within 05 working days from the date of receipt of complete papers, is responsible for checking and reporting to the People's Committee of the province.
The People's Committee of the province, within 05 working days from the date of receipt of complete papers, is responsible for examining and sending the documents enclosed with the papers as prescribed in Article 17 of this Decree to request the Ministry of Labor - Invalids and Social Affairs appraisal.
3. Ministry of Labor - Invalids and Social Affairs:
a) Within 40 days from the date of receipt of complete documents, they are responsible for assessing, making a report and a list attached to them, and submitting them to the Prime Minister for promulgation of the decision to grant the "Fatherland attribution" diploma.
b) Within 20 days from the date of receipt of the decision on granting the degree, be responsible for printing and transferring the Government Office stamp to stamp the "Fatherland attribution" and transfer the dossier together with a copy of the decision on granting the "Fatherland attribution" diploma to the agency requesting appraisal for transfer to the agency or unit issuing the death certificate.
4. The agency or unit that issues the certificate of sacrifice within 20 days from the date of receipt of the copy of the decision on granting the diploma or certificate of “Fatherland attribution” enclosed with the dossier, shall:
a) Notify relatives of martyrs (natural fathers, natural mothers, spouses, children of martyrs, people with meritorious services to adopt martyrs) and coordinate with People's Committees of communes where representatives of martyrs' relatives reside to hold a memorial ceremony for the martyrs and awarded the "Fatherland attribution" certificate.
In case there are no relatives left, a memorial ceremony for the martyrs shall be held and the certificate of “Fatherland attribution” shall be handed over to the commune-level People's Committee of the place where the martyr permanently resided before his death.
b) Hand over the dossier together with a copy of the decision on granting the degree to the Department of Labor, War Invalids and Social Affairs where the memorial service for martyrs is held.
Thus, if the deceased is an individual under the management of the army or police, the application for recognition of martyrs includes a written request for recognition of martyrs enclosed with the application and sent to the Ministry of Labor, War Invalids and Social Affairs.
LawNet
