Procedures for issuing verification cards for people missing in war in Vietnam

What are procedures for issuing verification cards for people missing in war in Vietnam?

Pursuant to Article 73 of Decree 131/2021/ND-CP (Effective from February 15, 2022) regulations on procedures for issuing verification cards for people missing in war as follows:

- Representative of the relatives of the missing person. In case there are no relatives left, the representatives of the people specified in Point b, Clause 1, Article 651 of the Civil Code shall submit an application to the Provincial Military Command (for missing people in the military) or the Provincial Police (for missing people who are not in the military) to receive a verification card.

- The Provincial Military Command and Provincial Police, within 40 days from the date of receiving the application, are responsible for checking and comparing records, documents, and archives to issue a verification slip according to Form No. 90 Appendix I to this Decree if there are sufficient grounds. In case there is not enough evidence, a written response will be sent to the requester.

In complicated cases, the Provincial Military Command and Provincial Police shall directly report or request superiors to organize verification and clear conclusions about the unit and the missing case; whether or not there is evidence of betrayal, surrender, recall, desertion, negativity, or violation of the law.

- The Ministry of National Defense and the Ministry of Public Security guide the verification and conclusion process.

What are procedures for issuing verification cards for people missing in war in Vietnam? (Image from the Internet)

What are documents and procedures for recognition of missing persons belonging to the military or police in Vietnam?

Article 74 of Decree 131/2021/ND-CP (Effective from February 15, 2022) stipulates documents and procedures for recognition of missing persons belonging to the military and police as follows:

- The representative of the deceased or missing person's relatives is responsible for sending the following documents to the commune-level People's Committee where the deceased resided immediately before joining the army or police:

+ In case of sacrifice: Declaration according to Form No. 13, Appendix I of this Decree, enclosed with one of the papers and documents specified in Clause 1 and Clause 2, Article 72 of this Decree.

+ For missing cases: Declaration according to Form No. 14, Appendix I of this Decree, accompanied by a verification form specified in Clause 3, Article 72 of this Decree.

+ In case there are no relatives left, the representatives of the people specified in Point b, Clause 1, Article 651 of the Civil Code shall comply with the provisions in Point a or Point b of this Clause.

- Commune-level People's Committees have the following responsibilities:

+ Within 05 working days from the date of receipt of all documents as prescribed in Clause 1 of this Article, confirm the declaration; In case the deceased has been buried by the government and people in the martyrs' cemetery, there is a written request to the Department of Labor, War Invalids and Social Affairs where the grave is managed to issue a certificate of martyrs' grave; publicly post the list in villages and communes; Announce on local mass media to get people's opinions. The minimum notice posting period is 40 days. Prepare a record of public listing results.

+ Within 12 days from the date of public listing results, a meeting of the Council for Confirmation of Meritorious Persons at the commune level must be held to consider cases where there are no complaints or denunciations from the people. Make a record according to Form No. 79, Appendix I of this Decree.

The Council for certifying people with meritorious service at the commune level is chaired by the Chairman of the People's Committee; Members include: officers of Labor, War Invalids and Social Affairs, military, police, and health; representatives of the Fatherland Front, Veterans Association, and Elderly Association; Association of Former Youth Volunteers.

+ Send the minutes of the meeting of the Council requesting recognition of martyrs, the minutes to be publicly posted, together with the papers and records specified in Clause 1 of this Article to the district-level Military Command (for those who sacrificed their lives, missing in the military) or district police (for those who died or went missing in the police).

- The Department of Labor, War Invalids and Social Affairs, which manages martyrs' graves, within 12 days from the date of receiving the request from the commune-level People's Committee, is responsible for reviewing records and documents on grave management of local martyrs to issue certificates of martyrs' graves according to Form No. 48, Appendix I of this Decree; Look up the national database on martyrs and issue a written notification if the proposed case has been recognized as a martyr.

- Agencies and units, according to the instructions of the Ministry of National Defense and the Ministry of Public Security, receive documents and carry out the process of requesting recognition of martyrs; send a written request with documents to the Ministry of Labor, War Invalids and Social Affairs for appraisal.

- The Ministry of Labor, War Invalids and Social Affairs and the Government Office shall perform according to the responsibilities specified in Clause 3, Article 18 of this Decree.

- The Ministry of National Defense and the Ministry of Public Security guide the process of receiving and completing documents and the authority to issue certificates of sacrifice. The review and resolution time must not exceed 70 days from the date of receipt of the dossier sent by the Commune People's Committee.

- The agency or unit issuing the sacrifice certificate is responsible for implementing the provisions in Clause 4, Article 18 of this Decree.

Best regards!