Can martyrs' relatives be reduced to land use fees when the State allocates residential land in Vietnam?

Can martyrs' relatives be reduced to land use fees when the State allocates residential land in Vietnam?

In Clause 2, Article 5 of the Ordinance on incentives for people with meritorious services to the revolution in 2020, it is stipulated as follows:

Depending on each subject, people with meritorious services to the revolution and relatives of people with meritorious services to the revolution are entitled to the following main preferential regimes:

1. Monthly allowance, monthly allowance, one-time allowance;

2. Other preferential regimes include:

a) Health insurance;

b) Nursing to restore health;

c) Provide necessary assistive devices, orthopedic tools, means and equipment for rehabilitation as specified by orthopedic and functional rehabilitation establishments in the labor - war invalids and social affairs sector or of the sick; provincial hospitals or higher;

d) Priority in enrollment and job creation;

dd) Support to study up to university level at educational institutions under the national education system;

e) Support for house improvement based on merits and circumstances of each person or when having housing difficulties;

g) Exemption or reduction of land use levy when being allocated residential land by the State, changing the land use purpose to residential land, recognizing the right to use residential land, when purchasing houses owned by the State;

h) Prioritize allocation or lease of land, water surface, sea surface; prioritize forest protection and development contracts;

i) Preferential loans for production and business;

k) Tax exemption or reduction as prescribed by law.

In addition, Article 104 of Decree 131/2021/ND-CP stipulates Land use levy exemption regime, according to which:

1. Exemption from land use levy within the quota of residential land allocation when the State allocates residential land, changes the land use purpose to residential land, recognizes the right to use residential land, and is allowed to purchase state-owned houses for with the following objects:

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

b) Hero of the People's Armed Forces, Hero of Labor during the resistance war.

c) Vietnamese heroic mother.

d) War invalids, including class B war invalids recognized before December 31, 1993, policy beneficiaries such as war invalids, sick soldiers, resistance activists infected with toxic chemicals have a high rate of 81% or more injury.

dd) The martyr's relatives are enjoying the monthly maintenance survivorship allowance.

2. Exemption of land use fees when buying houses (type of multi-storey houses with many households) currently owned by the State according to Decree No. 61/CP dated July 5, 1994 of the Government for people operating in the remote areas from January 1, 1945 to the day of the August uprising, 1945.

In addition, Clause 3, Article 105 of Decree 131/2021/ND-CP stipulates as follows:

3. A reduction of 70% of the land use levy within the residential land allocation quota when the State allocates residential land, changes the land use purpose to residential land, recognizes the residential land use right, or buys a house owned by the State for the following objects:

a) War invalids, including class B war invalids recognized before December 31, 1993, policy beneficiaries such as war invalids, sick soldiers, resistance activists infected with toxic chemicals have a high rate of injury from 21% to 40%.

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

c) The recipient or a member of his/her family is presented with the Commemorative Medal “For meritorious services to the country” or the Certificate of “For meritorious services to the country” before the August Revolution in 1945, the recipient or family member is awarded the Resistance Medal. 

d) Relatives of martyrs.

Thus, the martyrs' relatives will receive a reduction in land use fees when the State allocates residential land and will receive a 70% reduction in land use fees within the residential land allocation limit when the State allocates residential land in Vietnam.

If martyrs' relatives who are also relatives of two people with meritorious services to the revolution dies, what monthly survivorship allowance will they receive in Vietnam?

According to Clause 5, Article 6 of the Ordinance on incentives for people with meritorious services to the revolution in 2020, the following provisions are made:

5. If a person with meritorious services to the revolution dies and their relative is entitled to a monthly survivorship allowance according to the provisions of this Ordinance, the relative of a person with meritorious services to the revolution is entitled to a monthly survivorship allowance as follows:

a) Relatives of two or more people with meritorious services to the revolution are entitled to a maximum of two monthly survivorship allowances, except for the case specified at Point a, Clause 3, Article 16 of this Ordinance;

b) Relatives of a martyr who are concurrently relatives of two or more people with meritorious services to the revolution are entitled to a monthly survivorship allowance of a martyr and a monthly survivorship allowance of a person with meritorious services to the revolution;

c) Relatives of two or more martyrs and concurrently relatives of people with meritorious services to the revolution are entitled to a monthly survivorship allowance for relatives of martyrs as prescribed at Point a, Clause 3, Article 16 of the Ordinance;

d) Relatives of people with meritorious services to the revolution, and those with meritorious services to the revolution, who belong to two or more categories of people with meritorious services to the revolution, shall be entitled to the monthly survivorship allowance of one person;

dd) The children of people with meritorious services to the revolution are at least 18 years old if they have received a monthly survivorship allowance while studying at a vocational education institution, a higher education institution or are currently enjoying a monthly survivorship allowanceduring the period of studying at a vocational training institution or higher education institution, but if they quit or are forced to quit, they are not entitled to the monthly survivorship allowance.

According to this Article, relatives of a martyr and at the same time relatives of two or more people with meritorious services to the revolution will be entitled to a monthly survivorship allowance of a martyr and a monthly survivorship allowance of a person with meritorious services to the revolution in Vietnam. 

For those who were active in revolution before January 1, 1945, were enjoying the death regime, what preferential regimes would their relatives enjoy in Vietnam? 

Pursuant to Clause 3, Article 10 of the Ordinance on incentives for people with meritorious services to the revolution in 2020 has the following provisions:

3. Those who did revolutionary activities before January 1, 1945, are enjoying the death regime, their relatives are entitled to the following preferential regimes:

a) Monthly survivorship allowance for spouses and children under 18 years of age or full 18 years of age if they continue to go to school or suffer from severe or particularly severe disabilities.

In case a spouse lives alone, an orphan with both parents under 18 years old, or aged full 18 years or older, if they continue to go to school or suffer from severe or particularly severe disability, they are entitled to an additional monthly survivorship allowance;

b) One-time allowance equal to 03 months of monthly allowance, current monthly allowance.

With this provision in Vietnam, those who were active in the revolution before January 1, 1945, who are enjoying the death regime, their relatives will be entitled to the above preferential regimes.

Best Regards!