Conditions and criteria for recognition of resistance activists infected with toxic chemicals in Vietnam

What are regulations on conditions and criteria for recognition of resistance activists infected with toxic chemicals in Vietnam?

Pursuant to Article 53 of the Decree 131/2021/NĐ-CP (effective from 15/02/2022) stipulating regulations on conditions and criteria for recognition of resistance activists infected with toxic chemicals in Vietnam as follows:

- Persons who have worked, fought or served in combat during the period from August 1, 1961 to April 30, 1975 in the area where the US military used toxic chemicals is defined as follows:

+ Cadres, soldiers, professional soldiers, defense workers of the army.

+ Officers, soldiers and employees of the police.

+ Officials and employees in state agencies, political organizations, socio-political organizations.

+ Concentrated youth volunteers.

+ Commune police; Militia; guerrilla; Self defence; citizens; officials in villages, hamlets, communes and wards.

- Place names belonging to Vinh Linh district, Quang Tri province from April 30, 1975 or earlier as specified in Clause 2, Article 29 of the Ordinance, including communes: Vinh Quang, Vinh Giang, Vinh Tan, Vinh Thanh, Vinh O, Vinh Khe, Vinh Ha, Vinh Lam, Vinh Son, Vinh Thuy.

- The list of diseases, deformities and malformations related to exposure to toxic chemicals specified in Clause 2, Article 29 of the Ordinance is specified in Appendix V of this Decree and has the following scope of application:

+ The diseases specified in Clauses 1 to 15 of Appendix V of this Decree only apply to resistance activists exposed to toxic chemicals.

+ The birth defects and malformations specified in Clause 16, Appendix V of this Decree and spina bifida prescribed in Clause 17, Appendix V of this Decree only apply to the biological children of resistance activists who are exposed to toxic chemicals.

What are bases for making a dossier to recognize that resistance activists are infected with toxic chemicals in Vietnam?

Pursuant to Article 54 of the Decree 131/2021/NĐ-CP (effective from 15/02/2022) stipulating bases for making a dossier to recognize that resistance activists are infected with toxic chemicals in Vietnam as follows:

- One of the documents recording the time participating in the resistance war in the area where the US military used toxic chemicals as follows:

+ X Y Z papers.

+ A certified true copy of one of the following papers: decision on service, demobilization; medical transfer papers, hospital transfer papers, treatment papers; personnel records; party member's profile; military history; the people's police record; dossiers for social insurance benefits; Medals of Liberation Soldiers; dossiers of commendation for achievements in participating in the resistance war, dossiers of people with meritorious services established before January 1, 2000.

+ Papers issued and certified by competent authorities before January 1, 2000.

In case the list, military management book and allowance payment book for soldiers going to B are kept at the local functional agency without certification, the Department of Labor, War Invalids and Social Affairs is responsible for coordinating with the Provincial Military Command to gather, finalize the number of people and confirm the list and management book being managed by the agency or unit, completed before May 1, 2022 and send the data according to Form No. 101 Appendix I of this Decree to the Ministry of Labor, War Invalids and Social Affairs before June 1, 2022.

In case the papers specified at Points b and c, Clause 1 of this Article only show the unit's version and symbol, a written certification of decoding information must be attached to the sign, symbol, time and area of ​​operation of the unit according to Form No. 37, Appendix I of this Decree.

- One of the papers recording the disease or deformity, deformity as follows:

+ A summary of the medical record of the district hospital or district health center or equivalent or higher (including military and police hospitals) according to the form prescribed by the Ministry of Health.

+ A summary of the outpatient medical records of the Clinic of the Health Protection Board of officials of the province or central-affiliated city according to the form prescribed by the Ministry of Health.

+ A certificate of birth deformity or birth defect, issued by a medical facility of commune or higher level, for natural children who have not received medical examination and treatment for deformities and deformities, made according to Form No. 39, Appendix I of this Decree.

+ Papers issued by competent agencies and units established from April 30, 1975 or earlier, recording diseases belonging to the group of peripheral nerve diseases within one to five weeks after exposure to with cases of acute or subacute peripheral neuropathy as prescribed in Appendix V of this Decree.

+ A summary of the medical record of the last treatment documenting the treatment process for a mental disorder in a row for 3 years or more from a district hospital or a district health center or equivalent or more ( including military and police hospitals) with mental disorders related to exposure to toxic chemicals as prescribed in Clause 15, Appendix V of this Decree.

+ Certificate of the resistance activist having a wife or a husband but no biological children, issued by the People's Committee of the commune.

Best regards!