Dossiers and procedures for recognition and settlement of regimes for resistance activists infected with toxic chemicals in Vietnam

What are regulations on dossiers and procedures for recognition and settlement of regimes for resistance activists infected with toxic chemicals in Vietnam?

Pursuant to Clause 1 Article 56 of the Decree 131/2021/NĐ-CP (effective from 15/02/2022) stipulating regulations on dossiers and procedures for recognition and settlement of regimes for resistance activists infected with toxic chemicals in Vietnam as follows:

- The individual shall make a declaration according to Form No. 09, Appendix I of this Decree enclosed with the papers specified in Clauses 1 and 2, Article 54 of this Decree and send it to the commune-level People's Committee of the place of permanent residence.

- Within 05 working days, commune-level People's Committees are responsible for checking and certifying the declarations, making a list with the papers specified at Point a of this Clause and sending it to the Division of Labor, War Invalids and Social Affairs.

- Within 07 working days from the date of receipt of complete documents, Department of Labor - Invalids and Social Affairs is responsible for checking, making a list with documents as prescribed, and sending it to the Department of Labor - Invalids and Social Affairs.

- Within 12 days from the date of receipt of complete documents, Department of Labor, War Invalids and Social Affairs is responsible for examining and issuing a letter of introduction according to Form No. 38, Appendix I of this Decree for eligible cases, send it to the provincial-level Medical Assessment Council, enclosed with a copy of the document certifying the disease.

In case a resistance activist does not have the disease specified at Point a, Clause 3, Article 53 of this Decree, but gives birth to a deformed or deformed child specified at Point b, Clause 3, Article 53 of this Decree, it shall comply with the provisions of Clause 4, Article 57 of this Decree.

In case of sick soldiers as prescribed at Point c, Clause 1, Article 30 of the Ordinance, the Department of Labor, War Invalids and Social Affairs shall issue a referral form according to Form No. 38, Appendix I of this Decree and send it to the provincial Medical Assessment Council for general assessment of body damage.

- Within 60 days from the date of receipt of all documents, the Medical Assessment Council is responsible for organizing the examination and assessment, and issuing a medical assessment record according to Form No. 78, Appendix I of this Decree to the Department of Labor, War Invalids and Social Affairs.

- Within 12 days from the date of receipt of the medical assessment report is responsible for considering, if all conditions are met, the Department of Labor, War Invalids and Social Affairs shall issue a decision to issue a certificate of resistance activists infected with toxic chemicals and preferential allowances and allowances according to Form No. 64, Appendix I of this Decree and at the same time issue certificates according to Form No. 102, Appendix I of this Decree.

What are regulations on dossiers and procedures for recognition and settlement of regimes for resistance activists whose biological disabled children are entitled to preferential regimes while their parents have not yet been recognized as resistance activists infected with toxic chemicals in Vietnam?

Pursuant to Clause 2 Article 56 of the Decree 131/2021/NĐ-CP (effective from 15/02/2022) stipulating regulations on dossiers and procedures for recognition and settlement of regimes for resistance activists whose biological disabled children are entitled to preferential regimes while their parents have not yet been recognized as resistance activists infected with toxic chemicals in Vietnam as follows:

- The individual shall make a declaration according to the provisions of Form No. 09, Appendix I of this Decree and send it to the People's Committee of the commune where he/she permanently resides.

- Within 05 working days, commune-level People's Committees are responsible for certifying the declaration and making a list and sending it to the Division of Labor - War Invalids and Social Affairs.

- Within 07 working days from the date of receipt of complete documents, Department of Labor - War Invalids and Social Affairs is responsible for checking, making a list with documents as prescribed, and sending it to the Department of Labor - Invalids and Social Affairs.

- Within 12 days from the date of receipt of complete documents, Department of Labor, War Invalids and Social Affairs is responsible for checking the records, comparing the deformities of the child recorded in the following documents: the letter of the station chief commune health stations, medical centers or district general hospitals; meeting minutes and proposal of the Council certifying the person with meritorious services at commune level; certificate of deformity or malformation of the commune-level People's Committee or record of medical assessment which is kept in the file with the list of deformities and malformations as prescribed in Appendix V to this Decree.

If the dossier contains the correct documents, the deformity and deformity of the biological child is in accordance with the list specified in Section III, Appendix V of this Decree, the Department of Labor, War Invalids and Social Affairs is responsible for the following: issue a decision to issue a certificate of certification of resistance activists infected with toxic chemicals and preferential allowances and allowances according to Form No. 64, Appendix I of this Decree, and at the same time issue certificates according to Form No. 102 Appendix I to this Decree.

In case there are still problems with deformity or deformity, if the biological child is still alive, the Department of Labor, War Invalids and Social Affairs shall issue a referral letter to the Provincial Medical Examination Council according to Form No. 38, Annex I of this Decree. Within 60 days from the date of receipt of the referral, the Medical Assessment Council of the province shall issue a medical assessment record according to Form No. 78, Appendix I of this Decree, the conclusion that there is a deformity or deformity as prescribed in Section III, Appendix V of this Decree, without recording the percentage of bodily injury, shall be sent to the Department of Labor - Invalids and Social Affairs.

Within 05 working days from the date of receipt of the medical assessment record, the Department of Labor, War Invalids and Social Affairs is responsible for considering and, if all conditions are satisfied, issue a decision to issue a certificate of medical examination and treatment. Resistance activities infected with toxic chemicals and preferential allowances shall be made according to Form No. 64, Appendix I of this Decree, and at the same time shall issue certificates according to Form No. 102, Appendix I of this Decree.

Best regards!