Vietnam: What does the application for providing preferential benefits for relatives of martyrs include?
What does the application for providing preferential benefits for relatives of martyrs in Vietnam include?
According to Clause 1, Article 26 of Decree 131/2021/ND-CP as follows:
Application and procedures for proving preferential benefits for relatives of martyrs
1. An individual shall make a declaration certified by the People's Committee of the commune where he/she resides according to Form No. 05, Appendix I of this Decree to the Department of Labor, War Invalids and Social Affairs where the martyr's record is managed with a certified copy from the Medal of “For Merit to the Fatherland" and one of the following documents:
a) In case the relatives are the ones who are credited with raising martyrs, the written consent of the martyrs' relatives must be obtained; in case the martyr no longer has relatives, the written consent of the persons specified at Point b, Clause 1, Article 651 of the Civil Code must be obtained. The written consent shall be confirmed by the commune-level People's Committee on the signature, permanent residence and consent contents.
The person who is credited with raising a martyr must be someone who is at least 16 years old and has the ability to work or economically to raise the martyr.
b) In case the relatives are children under 18 years old, there must be additional certified copies from the birth certificate or extracts of the birth certificate.
c) In case the relatives are children from full 18 years old who are attending school, they must have an additional certificate from the education and training institution where they are studying.
d) In case the relatives are children aged full 18 years or older with severe disabilities or particularly severe disabilities before reaching the age of 18, they must have additional certificates of disability in accordance with the Law on Persons with Disabilities.
dd) In case relatives who are children from full 18 years old or older have severe disabilities or particularly severe disabilities after reaching the age of 18 without monthly income or has a monthly income lower than 0.6 time the standard level, additional certificates of disabilities must be obtained in accordance with the Law on Persons with Disabilities, income certificate according to Form No. 47, Appendix I of this Decree of the Commune-level People's Committee.
Thus, the application for provding preferential benefits for relatives of martyrs in Vietnam includes the above-mentioned documents.
What is the declaration form for relatives of martyrs in Vietnam?
The declaration form for relatives of martyrs in Vietnam is Form No. 05 of Appendix I issued together with Decree 131/2021/ND-CP as follows:
Download the declaration form for relatives of martyrs in Vietnam here.
What are the procedures for providing preferential benefits for relatives of martyrs in Vietnam?
According to the provisions of Clause 2, Article 26 of Decree 131/2021/ND-CP, the procedures for providing preferential benefits for relatives of martyrs in Vietnam are:
- Within 20 days from the date of receipt of sufficient documents, the Department of Labor, War Invalids and Social Affairs shall:
+ Make a list of relatives of martyrs;
+ Issue a decision on the issuance of certificates of martyrs' relatives and lump-sum allowances upon death notice;
+ Issue certificates according to Form No. 102 of Appendix I issued together with Decree 131/2021/ND-CP;
+ Issue a decision on a monthly allowance for relatives of martyrs according to Form No. 53 of Appendix I issued together with Decree 131/2021/ND-CP for eligible cases.
Lupm-sum allowance level upon death notice shall comply with the prescribed level at the time the Prime Minister signs the decision on granting the Medal of “For Merit to the Fatherland".
- In the case specified at Points d and dd, Clause 1 of this Article, within 05 working days from the date of receipt of all documents, the Department of Labor, War Invalids and Social Affairs shall be responsible for issuing a referral according to Form No. 38 of Appendix I issued together with Decree 131/2021/ND-CP to the Provincial Medical Assessment Council where the person resides with a certificate of disability.
Within 05 working days from the date of receipt of the minutes of medical assessment, the Department of Labor, War Invalids and Social Affairs shall issue a monthly survivorship allowance decision for relatives of martyrs according to Form No. 53 of Appendix I issued together with Decree 131/2021/ND-CP.
In case a martyr's relative has been entitled to preferential benefits but has not been granted a certificate of martyr's relative, within 12 days from the date of receipt of the application, he/she shall base on the martyr’s record under management to issue it to the relative.
In case a wounded soldier who dies due to a relapse wound is recognized as a martyr, the Department of Labor, War Invalids and Social Affairs shall
+ Issue a decision to terminate the survivorship allowance of a deceased meritorious person and issue a decision on the issuance of a certificate of martyr's relative and the lump-sum allowance upon death notice.
+ Issue a certificate according to Form No. 102 of Appendix I issued together with Decree 131/2021/ND-CP;
+ Issue a decision on monthly allowances for relatives of martyrs; combine the records of deceased meritorious persons into the martyrs' records and repay the difference between the monthly allowance of the deceased and the monthly allowance for the eligible relatives of martyrs.
- In case the relatives of martyrs are permanently residing in different localities, the Department of Labor, War Invalids and Social Affairs shall issue a written request for receipt clearly stating the time of receiving the allowance with an extract of the martyr's record, a decision on monthly allowances for martyrs' relatives to the Department of Labor, War Invalids and Social Affairs where the relatives permanently reside.
- In case a martyr's spouse is enjoying preferential benefits for a martyr's relative who marries another husband or wife, a decision shall be issued to terminate the preferential benefits from the month in which the marriage is registered and the illegal allowance shall be revoked.
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