What is declaration form of situation of martyrs' relatives used in application for settlement of preferential benefits for relatives of martyrs in 2023 in Vietnam?

What is declaration form of situation of martyrs' relatives receiving benefits used? - Question from Phan Quy (Da Nang)

What is declaration form of situation of martyrs' relatives used in application for settlement of preferential benefits for relatives of martyrs in 2023 in Vietnam?

Form No. 05, Appendix I of Decree 131/2021/ND-CP stipulating declaration form of situation of martyrs' relatives used in application for settlement of preferential benefits for relatives of martyrs as follows:

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

DECLARATION

The situation of martyrs' relatives

First and last name: .............................................. ................................. ................................

Date of birth: ..................Male/Female: ...... ................................. .

Citizen Identification/ID number .................. Date of issue ....... ..................... Issued by ...................

Home town: ............................................... ................................. ................................

Place of residence: .............................................. ................................. ..........

Phone number: .............................................. ................................. ..........................

Relationship with martyrs: .................................................................. ................................. .............

Full name of martyr: .................................. sacrifice date... month... year ...................................

Home town: ............................................... ................................ ................................

National diploma with attribution number .................. according to Decision No. .... ................................ date ........ year ………… of the Prime Minister.

The martyr has the following relatives:

No

First and last name

Date of birth

Citizen Identification/ID number/Birth certificate

Relationship with martyrs

Place of permanent residence (In case of death, specify the time)

Current situation 1

1

           

2

           

....

           

 

...., date... month... year...
Certification of the Commune People's Committee
The declaration and signature on the declaration are correct.
AUTHORITY, POSITION OF THE SIGNATURE
(Signature, seal)
Full name

…………., date ... month ... year ........
Declarant
(Signature, specify full name)

___________________

Note: 1 Specify current situation: lonely, helpless, orphaned, going to school, disabled...

What do dossiers for settlement of preferential allowances for relatives of martyrs in Vietnam comprise?

According to Clause 1, Article 26 of Decree 131/2021/ND-CP stipulating dossiers for settlement of preferential allowances for martyrs' relatives as follows:

1. The individual shall make a declaration certified by the commune-level People's Committee of the place of permanent residence, according to Form No. 05, Appendix I of this Decree, and send it to the Department of Labor, War Invalids and Social Affairs where the martyr's dossier is managed, enclosed with a certified copy by the Certificate of "Fatherland attribution" and one of the following papers:

a) In case a relative is a person who has contributed to raising martyrs, the written consent of the martyr's relatives must be obtained; In case a martyr has no relatives, a written consent from the people specified at Point b, Clause 1, Article 651 of the Civil Code is required. Written consent certified by the commune-level People's Committee of signature, permanent residence and consent content.

Persons who have contributed to raising martyrs must be full 16 years old or older and have the working or economic capacity to support martyrs.

b) In case the relative is a child under 18 years of age, an additional certified copy of the birth certificate or birth extract is required.

c) If the relative is a child aged full 18 years or older who is attending school, a certification from the educational institution where they are currently enrolled is required.

d) In case a relative is a child aged full 18 years or older who suffers from severe disability or particularly severe disability before reaching the age of 18, an additional certificate of disability must be obtained in accordance with the Law on Persons with Disabilities.

dd) In case a relative who is a child aged full 18 years or older suffers from severe disability or particularly severe disability after reaching the age of 18 but has no monthly income or has a monthly income lower than 0.6 times the standard rate; must have an additional certificate of disability according to the provisions of the Law on People with Disabilities, a certificate of income according to Form No. 47, Appendix I of this Decree of the commune-level People's Committee.

According to this Article in Vietnam, a dossier for settlement of preferential allowances for martyrs' relatives includes a declaration of the situation of martyrs' relatives, certified by the commune-level People's Committee of the common place and one of the following papers:

+ In case a relative is a person who has contributed to raising martyrs, there must be written consent of the martyr's relatives;

+ In case the martyr has no relatives, there must be written consent of the second level of heirs of the martyr. Written consent certified by the commune-level People's Committee of signature, permanent residence and consent content.

+ In case the relative is a child under 18 years old, there must be a certified copy of the birth certificate or birth extract.

+ In case the relative is a child aged full 18 years or older who is attending school, there must be a certification from the educational institution where they are studying.

+ In case a relative is a child aged full 18 years or older with severe disability or especially severe disability before reaching the age of 18, an additional certificate of disability must be obtained as prescribed.

+ In case a relative is a child aged full 18 years or older who suffers from severe disability or especially severe disability after reaching the age of 18 but has no monthly income or has a monthly income less than 0.6 times the standard level must have an additional certificate of disability as prescribed, a certificate of income.

What is standard level of preferential allowance for relatives of martyrs in 2023 in Vietnam?

In Clause 1, Article 3 of Decree No. 75/2021/ND-CP, the standard level of preferential allowance for martyrs' relatives is as follows:

1. The standard level of preferential allowance for people with meritorious services to the revolution is VND 1,624,000 (hereinafter referred to as the standard rate).

2. The standard levels specified in Clause 1 of this Article serve as the basis for calculating the allowances, benefits and preferential regimes for people with meritorious services to the revolution and their relatives. The levels specified under the standard level in this Decree shall be adjusted when the standard level is adjusted.

According to Clause 1, Article 3 of the Ordinance on Incentives for people with meritorious services to the Revolution 2020 stipulates as follows:

Subjects enjoying the preferential regime for people with meritorious services to the revolution

1. People with meritorious services to the revolution include:

a) People who were active in the revolution before January 1, 1945;

b) People who were active in the revolution from January 1, 1945 to the date of the August insurrection, 1945;

c) Martyrs;

d) Heroic Vietnamese mother;

dd) Heroes of the People's Armed Forces;

e) Hero of Labor in the period of resistance;

g) War invalids, including class B war invalids recognized before December 31, 1993; policy beneficiaries such as war invalids;

h) Sick soldiers;

i) Resistance activists infected with toxic chemicals;

k) People who are active in the revolution, resistance war, defense of the Fatherland, or perform international obligations are imprisoned or exiled by the enemy;

l) People who are active in the resistance war for national liberation, defense of the Fatherland, or international obligations;

m) People with meritorious services to the revolution.

According to the above regulations in Vietnam, the standard preferential allowance for martyrs' relatives is VND 1,624,000.

Best regards!

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