Are adopted children of martyrs entitled to preferential allowances for martyrs' relatives in Vietnam?

Are adopted children of martyrs entitled to preferential allowances for martyrs' relatives in Vietnam?

In Article 3 of the Ordinance on Incentives for People with meritorious services to the Revolution 2020, the beneficiaries of the preferential regime for people with meritorious services to the Revolution are as follows:

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) Vietnamese heroic 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.

2. Relatives of people with meritorious services to the revolution include natural fathers, mothers, spouses, children (natural children, adopted children) and people who have contributed to raising martyrs.

Thus, the law does not discriminate between adopted children, natural children will enjoy the regimes for the relatives of martyrs. Therefore, if you are the lawful adopted child of a martyr, you are still entitled to the preferential regimes for the martyr's relatives in accordance with the law in Vietnam.

What are preferential regimes for martyrs' relatives for adopted children of martyrs entitled to in Vietnam?

In Article 16 of the Ordinance on Incentives for People with Meritorious Service to the Revolution 2020 stipulates the preferential regime for the relatives of martyrs as follows:

1. Issue "Certificate of family of martyrs" according to the Government's regulations.

2. One-time survivorship allowance when posthumously conferring the "Fatherland attribution" Degree; In case there are no relatives left, the heirs of martyrs holding the Certificate of "Fatherland attribution" shall be entitled to a lump-sum survivorship allowance.

3. Monthly survivorship allowance for the following people:

a) The martyr's biological father, biological mother, child is under 18 years old, or full 18 years old if he continues to go to school, or suffers from severe disability, particularly severe disability, or has contributed to raising martyrs; in case there are many martyrs, the relatives of two martyrs and relatives of three or more martyrs shall be considered;

b) Martyrs' spouses.

4. In case the biological father, natural mother, person who has contributed to raising martyrs, martyrs' spouses specified in Clause 3 of this Article living alone, and martyrs' children specified in Clause 3 of this Article orphans of both parents shall be entitled to receive additional monthly foster care allowance.

5. Health rehabilitation nursing every two years for biological fathers, natural mothers, people with meritorious services to support martyrs, martyrs' spouses and children suffering from severe or particularly severe disabilities.

In case the biological father or mother has only one child who is a martyr or has two or more children of martyrs, they are entitled to annual health rehabilitation by nursing.

6. Health insurance for biological fathers, mothers, martyrs, spouses and children of martyrs.

7. The preferential regime specified at Points d, dd, e, g, h, i and k, Clause 2, Article 5 of this Ordinance.

8. The preferential regime specified at Point c, Clause 2, Article 5 of this Ordinance for the relatives of martyrs who are enjoying the monthly survivorship allowance.

According to this Article, if you are the adopted child of a martyr, you will be entitled to preferential regimes for the martyr's relatives in accordance with the above-mentioned laws in Vietnam.

What are regulations on dossiers and procedures for settlement of preferential allowances for martyrs' relatives in Vietnam?

In Clause 1, Article 26 of Decree 131/2021/ND-CP stipulating dossiers and procedures 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.

Above are the legal provisions on dossiers and procedures for settlement of preferential allowances for martyrs' relatives in Vietnam.

Best regards!