Can person who died in the Cambodian battlefield be recognized as a martyr in Vietnam?
Can person who died in the Cambodian battlefield be recognized as a martyr in Vietnam? How much money does the state subsidize for martyrs worship each year in Vietnam? What are regulations on preferential regime for martyrs' relatives in Vietnam?
Hello, let me ask my uncle who once participated in the resistance war to help neighbor country in Cambodia and died in neighbor country. Can you tell me if the government recognizes my uncle as a martyr?
Please advise. Thankyou.
Can person who died in the Cambodian battlefield be recognized as a martyr in Vietnam?
In Article 14 of the Ordinance on incentives for people with meritorious services to the revolution in 2020, conditions for recognition as a martyr are as follows:
1. Those who have sacrificed for the revolutionary cause of national liberation, construction and defense of the Fatherland, performed international obligations or for the interests of the State or the people shall be considered by the competent authority as a martyr when falling into one of the following cases:
a) Fight or directly serve in combat to protect independence, sovereignty, territorial integrity and national security;
b) Performing defense and security tasks in areas occupied by the enemy, areas with hostilities, and areas adjacent to areas occupied by the enemy;
c) Directly struggle politically and in an organized manner with the enemy;
d) Active or participating in revolutionary or resistance war activities, but being captured or tortured by the enemy, still refuses to submit, resolutely struggles or implements the policy of prison escape or prison break and sacrifices;
d) Performing international obligations;
e) Courageously perform urgent and dangerous jobs in service of national defense and security;
g) Directly performing combat training and maneuvering tasks or performing dangerous national defense and security tasks;
h) Due to illness or accident that cannot be treated in time while directly performing national defense and security tasks in border areas, seas or islands with extremely difficult conditions according to the list issued by the Government. regulations;
i) Directly performing the task of fighting crime;
k) Being especially courageous in saving lives and property of the State and the people or preventing or arresting people committing criminal acts, is a meaningful example of honoring, educating and spreading widely in the society. festival;
l) Due to recurrent injuries being the main cause of death for war invalids, beneficiaries of policies like war invalids specified in Clauses 1 and 2, Article 23 of this Ordinance have a body injury rate of 61 % or more, have a medical record for treatment of recurrent wounds from a hospital at the district level or higher and a record of death audit;
m) Missing in the case specified at Points a, b, c, d, dd, e, g, i and k of this clause and concluded by a competent authority as not treason; surrender, retreat, desertion.
2. The Government shall detail this Article.
According to current regulations in Vietnam, in case your uncle died on the Cambodian battlefield because of an international mission, he can be recognized as a martyr according to regulations.
How much money does the state subsidize for martyrs worship each year in Vietnam?
In Article 13 of Decree 75/2021/ND-CP, there are provisions on other preferential regimes as follows:
1. Funeral allowance: the level of expenditure as prescribed by the law on social insurance on funeral allowance.
2. Martyrs' worship allowance: 1,400,000 VND / 1 martyr / 1 year.
3. Expenses for extra meals on holidays and New Year's Eve for wounded soldiers, sick soldiers, policy beneficiaries such as class B war invalids and war invalids with an injury rate of 81% or more: Cost 200,000 VND / person / 01 day; the number of days to be paid for extra meals are public holidays and New Year's holidays as prescribed by the Labor Code, July 27 and December 22 every year.
4. People with meritorious services to the revolution who are being brought up in nursing facilities of the Labor - Invalids and Social Affairs sector are supported with drugs, treatment and fostering for health rehabilitation for the following subjects:
a) Support for medical care and health rehabilitation at nursing homes, up to a maximum of 8,500,000 VND/person/year;
b) Support for treatment at medical facilities to pay for treatment costs, drugs, chemicals, medical supplies, technical services and other related expenses that are not covered by the insurance fund. Medical bills are paid according to actual invoices and vouchers.
5. Support for nurturing people with meritorious services at nursing facilities to ensure expenses for electricity, domestic water or purchase petrol and oil to run generators, water purification, environmental sanitation, and repair. repair electricity, water, hire workers, services, office supplies, communications and other expenses. The maximum level of support for foster care is VND 8,000,000/person/year.
6. Support for nursing work, reception of people with meritorious services at nursing facilities, reception to ensure that the expenses specified in Clause 5 of this Article are paid according to the number of subjects being treated. care, receive reality. The maximum support level is 500,000 VND / 1 person / 1 nursing visit. In case localities do not have nursing facilities, the Labor - Invalids and Social Affairs agency is allowed to use this fund to rent qualified accommodation facilities (according to the standards of 3-star hotels or more) perform centralized nursing.
7. People with meritorious services who are fostering at the facility return home to visit their families and are self-sufficient in their means of transport. They shall be supported at the rate specified in Article 9 of this Decree according to the distance from the fostering establishment to the family of the person with meritorious services; support up to 01 time / 01 year.
8. Persons working at foster care facilities who go to serve people with meritorious treatment at medical examination and treatment establishments, assess injuries and return to visit their families shall be paid the per diem regime according to current regulations.
9. Support to welcome relatives of people with meritorious services to the revolution to visit people with meritorious services to the revolution who are being nurtured in foster homes (Maximum support: 03 people/1 object/01 time, 02 times/ 01 year, 03 days/1 time): Comply with current domestic spending rates and ensure legal invoices and spending documents.
10. Support material facilities for nurturing, nursing and welcoming people with meritorious services to the revolution:
a) Support to renovate, upgrade, repair and maintain facilities according to projects or economic and technical reports approved by competent authorities. For nursing and nursing facilities managed by the locality, support up to 70% of the total value of the work approved by the competent authority and not exceed 15 billion VND/work;
b) Support for procurement of equipment, means, tools and instruments up to 15 million VND/person/year and not more than 1.5 billion VND/year for foster care facilities; a maximum of 25 million VND/convalescent bed/year and not more than 2.5 billion VND for nursing facilities, welcoming people with meritorious services to the revolution.
11. Gift giving regime for establishments that nurture people with meritorious services, people with meritorious services and their families:
a) Gifts from Leaders of the Party, State, National Assembly, Chairman of the Central Committee of the Vietnam Fatherland Front:
Gift level for the collective: Cash is 5,000,000 VND/team; in kind is worth 500,000 VND/team.
Gift level for families and individuals: Cash is 500,000 VND/family or individual; in kind of 150,000 VND/family or individual.
b) Gifts from leaders of ministries and central agencies:
Gift level for the collective: Cash is 3,000,000 VND/team; in kind is worth 500,000 VND/team.
Gift level for families and individuals: Cash is 500,000 VND/family or individual; in kind of 150,000 VND/family or individual.
12. Welcoming the delegation of people with meritorious services to the revolution and relatives of people with meritorious services to the revolution organized by the People's Committees of the provinces and centrally-run cities or the Department of Labor, War Invalids and Social Affairs to visit the facility. central authority:
a) Organizing the reception: Spending 150,000 VND/person (including officials serving the delegation and welcoming staff) to ensure the content of taking souvenir photos, drinking water, fruits, fresh flowers and other expenses other fees;
b) Gifts for people with meritorious services to the revolution and their relatives: 500,000 VND/person;
c) In case of inviting dinner to a delegation of people with meritorious services: comply with current regulations on spending on receiving domestic guests.
According to this Article, each year the state will support 1,400,000 VND of worship money for each martyr.
What are regulations on preferential regime for martyrs' relatives in Vietnam?
In Article 16 of the Ordinance on incentives for people with meritorious services to the revolution in 2020, the preferential regime for martyrs' relatives is 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 "Fatherland's merit" certificate will be entitled to a one-time 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 someone who 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, may receive additional monthly foster care allowance.
5. Nursing to restore health every two years for biological fathers, natural mothers, people with meritorious services to 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 natural fathers, mothers, martyrs' adoptive parents, martyrs' spouses and children.
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.
9. Support to visit martyrs' graves, move martyrs' remains.
10. Martyrs' spouses marry or take care of the martyrs' children to adulthood, or take care of the martyr's biological father or mother while they are still alive or because of revolutionary activities but are unable to take care of their biological father, When a martyr's biological mother is still alive, he/she shall enjoy the following preferential regimes:
a) Monthly survivorship allowance;
b) Health insurance.
11. A lump-sum allowance for relatives at the rate of 3 months of current monthly allowance when the subjects specified in Clause 3 of this Article who are deserving of the monthly allowance die, except for the cases specified in Clause 10 of this Article.
12. Funeral allowance for the person or organization performing the burial when the subjects specified in Clause 3 of this Article who are enjoying the monthly allowance die, except for the case where the subjects specified in Clause 10 of this Article die.
Thus, the martyrs' relatives will enjoy the above-listed benefits in Vietnam.
Best Regards!
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