What documents are included in the dossier of settlement of preferential allowance for martyrs' relatives in Vietnam?

What documents are included in the dossier of settlement of preferential allowance for martyrs' relatives in Vietnam?

Pursuant to Clause 1 Article 26 of the Decree 131/2021/NĐ-CP stipulating the grounds for issuance of certificates of sacrifice as follows:

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, together with a certified copy. Certificate of "Fatherland attribution" and one of the following papers:

+) In case a relative is a person who has contributed to raising martyrs, a written consent of the martyr's relatives must be obtained; In case a martyr has no relatives, there must be a written consent of the persons specified at Point b, Clause 1, Article 651 of the Civil Code. 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.

+) In case the relative is a child under 18 years old, there must be a certified copy of the birth certificate or birth extract.

+) In case the relative is a child aged full 18 years or older who is attending school, a certification from the educational institution where they are studying is required.

+) 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 provisions of the Law on Persons with Disabilities.

+) In case the relative is a child aged full 18 years or older who suffers from severe disability or especially severe disability after reaching the age of 18 without a 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.

What are procedures for settlement of preferential allowance for martyrs' relatives in Vietnam?

Pursuant to Clause 2 Article 26 of the Decree 131/2021/NĐ-CP stipulating procedures for settlement of preferential allowance for martyrs' relatives in Vietnam as follows:

+) Within 20 days from the date of receipt of complete documents, the Department of Labor, War Invalids and Social Affairs is responsible for making a list of the martyr's relatives; issue a decision to issue a certificate of martyrs' relatives and a one-time allowance upon death notification

Simultaneously, the issuance of certificates shall be made according to Form No. 102, Appendix I of this Decree; issue a decision on monthly survivorship allowance for martyrs' relatives according to eligible cases.

The lump-sum allowance upon death notification shall comply with the rate prescribed at the time the Prime Minister signs the decision to grant the "Fatherland attribution" degree.

+) Within 05 working days from the date of receipt of all papers, the person is responsible for issuing the referral form according to Form No. 38, Appendix I of this Decree to the Medical Assessment Council of the province where he/she permanently resides together with the certificate of disability:

++) In case a relative is a child aged full 18 years or older who suffers from severe disability or especially severe disability before reaching the age of 18, an additional certificate of disability must be obtained in accordance with the provisions of the Law on Persons with Disabilities.

++) 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 The standard must have a certificate of disability in accordance with the provisions of the Law on People with Disabilities, a certificate of income from the People's Committee of the commune.

+++ Within 05 working days from the date of receipt of the medical assessment record, issue a decision on monthly survivorship allowance for the martyr's relatives.

+++ In case a martyr's relative has been entitled to the preferential regime but has not yet been granted a certificate of martyr's relative, within 12 days from the date of receipt of the application, he or she shall be responsible for basing on the list of documents listed below. Doctors are managing to give to relatives.

+++ In case a wounded soldier dies from a recurrent wound and is recognized as a martyr, the Department of Labor, War Invalids and Social Affairs shall issue a decision to terminate the survivorship allowance of the deceased person and issue a decision on issuance of a certificate. certification of martyrs' relatives and a one-time allowance when reporting death;

Issue decisions on monthly allowances for martyrs' relatives;

To combine the dossier for enjoying the death benefit of the deceased person into the file of the martyr and repay the difference between the monthly survivorship allowance of the deceased person and the monthly survivorship allowance for the paralyzed relative. eligible doctor.

+) In case the martyr's relatives are permanently residing in different localities, the Department of Labor - Invalids and Social Affairs shall make a written request for receipt, clearly stating the time of receiving the allowance, enclosed with an extract of the martyr's dossier. decide on monthly allowances for martyrs' relatives to the Department of Labor, War Invalids and Social Affairs where the relatives permanently reside to make preferential allowances.

+) In case the martyr's spouse is enjoying the preferential regime for the martyr's relatives and marries another wife, a decision on termination of the preferential regime shall be issued from the month of marriage registration and the wrong allowance shall be revoked.

In the martyr's file in Vietnam, which documents are required to supplement the family situation?

Pursuant to Clause 1 Article 29 of the Decree 131/2021/NĐ-CP stipulating the application for supplmentation of family status in the martyr's file as follows:

Individuals requesting addition of relatives in the martyr's dossier shall make a declaration according to Form No. 06, Appendix I of this Decree and send it to the commune-level People's Committee of the place of permanent residence, enclosed with a certified true copy of one of the supporting documents. demonstrate the relationship with the martyr as follows:

+) For additional request as natural parents, spouses of martyrs:

Citizen's identity card, cadre record, party member's record, military record, marriage registration certificate.

Other papers and documents issued and certified by competent agencies.

The written consent of the martyr's relatives or of the people specified in the second line of inheritance, including: grandfather, grandmother, maternal grandfather, grandmother, biological brother, sister, younger brother of the deceased; grandchild of the deceased and the deceased is a grandfather, grandmother, grandfather, or grandmother.

In case these people are no longer there, they must be inherited by the people specified in the third line of inheritance, including: paternal and maternal great-grandfathers of the deceased; biological uncle, biological uncle, biological uncle, aunt, biological aunt of the deceased; the biological grandchildren of the deceased and the deceased are biological uncles, biological uncles, biological uncles, biological aunts, biological aunts; great-grandchildren of the deceased and the deceased is a paternal and maternal great-grandfather with written consent.

+) For additional request as a child of a martyr: Birth certificate, birth extract, decision on recognition of child adoption as prescribed by law; curriculum vitae of cadres, records of party members, biographies of military personnel; other papers and documents issued and certified by competent authorities before July 1, 2021.

Best regards!