Procedures and time for postponement and termination of preferential regimes for meritorious people in Vietnam

Procedures and time for postponement and termination of preferential regimes for meritorious people in Vietnam

Pursuant to Article 118 of Decree 131/2021/ND-CP (effective from February 15, 2022) stipulating procedures and time for postponement and termination of preferential regimes as follows:

1. For the cases specified in Article 54 of the Ordinance, within 05 working days from the date of receipt of the judgment or verification results and conclusions of the competent authority, the case management agency stipulating and implementing the preferential regime is responsible for issuing a decision on temporary postponement or termination of the preferential regime according to Form No. 72, Appendix I of this Decree and the time of postponement or termination of the preferential regime as follows:

a) For the cases specified in Clause 1, Article 54 of the Ordinance, the time to suspend the enjoyment of the preferential regime is from the date the court judgment or decision takes legal effect.

b) For the cases specified in Clause 2, Article 54 of the Ordinance, the time for temporary postponement of the preferential regime shall be counted from the month the competent authority concludes.

c) For the cases specified in Clause 3, Article 54 of the Ordinance, the time to terminate the enjoyment of the preferential regime is from the month the agency managing the dossier and implementing the preferential regime issues a decision on termination of the preferential regime. preferential rate.

d) For the cases specified in Clause 6, Article 54 of the Ordinance, the time of temporary postponement or termination of the enjoyment of the preferential regime of the relatives of the meritorious persons shall comply with the decision on temporary postponement or termination of the enjoyment of the preferential regime for meritorious people.

2. For the cases specified in Clauses 1, 2 and 3, Article 55 of the Ordinance, within 05 working days from the date of detecting signs of perjury or forgery, the dossier-managing agency shall and implement the preferential regime, issue a decision on postponement of the preferential regime according to Form No. 72, Appendix I of this Decree and send a written request to the agency or unit to establish the profile of the person with meritorious services to verify and conclude.

In case, after verifying and concluding that the subject has perjured or forged dossiers, the agency or unit that established the dossier of meritorious persons shall have to withdraw the issued papers and transfer them to the competent authorities. to handle in accordance with applicable law; send a written notice together with documents as a basis for the agency managing the dossier and implementing the preferential regime to issue a decision to terminate the regime according to Form No. 72, Appendix I of this Decree since the month of the conclusion of verification, withdrawal of the wrongly enjoyed regime.

3. For the case specified at Point b, Clause 1, Article 25 of this Decree , the agency managing the dossier and implementing the preferential regime shall issue a decision on termination of the preferential regime according to Form No. 72, Appendix I of Decree No. this decision from the month of the verification conclusion.

4. The Ministry of National Defense and the Ministry of Public Security shall guide the process of temporarily suspending or terminating the enjoyment of preferential regimes specified in Clauses 1, 2 and 3 of this Article, for cases where the dossiers of people with meritorious services are established and managed by the military and police.

Documents and procedures for enjoying preferential regimes in Vietnam

In Article 119 of Decree 131/2021/ND-CP (effective from February 15, 2022) stipulates documents and procedures for enjoying preferential regimes as follows:

1. For the cases specified in Article 54 of the Ordinance , a person with meritorious services or a relative shall make an application for re-entitlement according to Form No. 24, Appendix I of this Decree, and send it to the agency managing the dossier and implementing the regime attached to the prescribed documents. The agency that manages the dossiers and implements the preferential regime within 12 days from the date of receipt of sufficient documents is responsible for inspecting and, if eligible, issues a decision on re-entitlement of the preferential regime according to Form No. 73 Appendix I to this Decree:

a) For the cases specified in Clause 1, Article 54 of the Ordinance, it must be accompanied by papers proving that the prison sentence has been completely served, and the time to enjoy the preferential regime again is from the month following the month of completion of the serving sentence. 

b) For the cases specified in Clause 2, Article 54 of the Ordinance , the time to enjoy the preferential regime is from the month immediately following the month of receiving the application:

In case a person with meritorious services or a relative who has illegally exited the country and now returns to the country of permanent residence, an entry document is required. If within 01 month after entry, there is no application for re-entitlement of the regime, it must be enclosed with a judicial record card No. 1 specified in the Law on Judicial Records.

In case a person with meritorious services or a missing relative returns, it must be enclosed with a judicial record card No. 1 specified in the Law on Judicial Records.

c) For the case specified in Clause 6, Article 54 of the Ordinance, the time to enjoy the preferential regimes of relatives of meritorious people shall comply with the decision on re-entitlement of preferential regimes for meritorious people.

2. For the cases specified in Clauses 1 and 2, Article 55 of the Ordinance:

a) For the case specified in Clause 1, Article 55 of the Ordinance , after verifying the conclusion that the papers are not forged, the agency managing the dossier and implementing the preferential regime shall issue a decision on re-entitlement of the preferential regime according to Form No. 73, Appendix I of this Decree from the month of temporary postponement.

b) For the case specified in Clause 2, Article 55 of the Ordinance , the agency managing the dossier and implementing the incentive regime shall, based on the verification and conclusion results, issue a decision on re-entitlement of the preferential regime according to the provisions specified in Form No. 73, Appendix I of this Decree in accordance with regulations from the month of temporary postponement and withdrawal of the preferential regime for additional enjoyment due to false declaration.

3. The Ministry of National Defense and the Ministry of Public Security shall guide the process of enjoying the preferential regimes specified in Clauses 1 and 2 of this Article, for cases where the records of people with meritorious services are managed by the military or police.

4. For invalids who are not currently enjoying the preferential regime due to sending the book to B, the application for re-issuance and settlement of disability allowance arrears shall be re-issued, specifically as follows:

a) The individual shall submit an application for re-entitlement of the regime according to Form No. 24, Appendix I of this Decree, to the provincial-level Military Command, enclosed with the following papers:

Criminal record card No. 1 specified in the Law on Judicial Records .

Certified copy of one of the decisions: service, demobilization, change of profession, retirement; in case one of the above decisions is no longer available, a written certification from the district-level military command must be obtained regarding the duration of service in the army.

One of the following papers: Book of disability benefits specified in the Military Incentives Charter issued under Decree No. 161/CP of October 30, 1964 of the Government Council; war invalids books issued under the provisions of the Inter-Ministry Circular No. 254/TT-LB of November 10, 1967 of the Inter-Ministry of Home Affairs, the Ministry of National Defense, and the Ministry of Public Security; an extract of the dossier of war invalids (according to the book or list currently under management) of the political agency of the unit under the Ministry of National Defense or of the Policy Department, the General Department of Politics.

Papers issued by a competent authority, certifying the recording of travel time B. In case the paper only shows the unit's version and symbol, it must be enclosed with a written certification of information on decoding the sign, symbol, operation time and location of the unit according to Form No. 37, Appendix I of this Decree.

If his/her name is in the list, the military management book, the military allowance payment book for soldiers going to B which is kept at the local functional agency, the provincial military command shall base itself on the list and the military management book, the payment book for military personnel going to B is kept at the local competent authority and has been fixed in number (specified at point c, clause 1, Article 53 of this Decree ) for certification.

b) Agencies and units under the guidance of the Ministry of National Defense receive dossiers, are responsible for checking, if conditions are satisfied, issue a decision on re-entitlement of preferential regimes according to Form No. 73, Appendix I of this Decree from the next month, after the month of sending the book to go to B, pay back benefits and move the invalids' records to the Department of Labor - Invalids and Social Affairs where the war invalids permanently reside.

c) The Ministry of National Defense shall guide process of enjoying the regime again in the cases specified in this Clause. The time for consideration and settlement shall not exceed 30 days from the date of receipt of the application.

Best Regards!