What is process of enjoying the preferential regime for people with meritorious services to the revolution in Vietnam?

What is process of enjoying the preferential regime for people with meritorious services to the revolution in Vietnam? What are procedures for settlement of lump-sum benefits when people with meritorious services to the revolution die in active service or work in Vietnam? What are procedures for amending and supplementing personal information in dossiers of people with meritorious services to the revolution in Vietnam?  

Please advise.

What is process of enjoying the preferential regime for people with meritorious services to the revolution in Vietnam? 

In Article 24 of Circular 55/2022/TT-BQP, there are instructions on process of enjoying the preferential regime for people with meritorious services to the revolution as follows:

1. In case a person with meritorious services is in active service or doing work specified in Clauses 1 and 2, Article 119 of the Decree

a) The agency or unit directly managing the regiment level and the equivalent or higher within 03 days from the date of receipt of the application and the papers specified at Points a and b Clause 1 and Points a and b Clause 2 Article 119 of the Decree , is responsible for checking, has a document attached with the prescribed documents to request the immediate superior (division level and equivalent within 03 days), send it to the political agency of the affiliated unit. The ministry where the records of people with meritorious services are managed.

b) The political agency of the unit affiliated to the Ministry where the dossier of meritorious persons is managed, within 3 days from the date of receipt of all documents as prescribed, shall examine and compare the dossier; have documents enclosed with papers as prescribed, and report them to the Command of the military zone (the subject under the management of the military zone); Subjects belonging to the remaining units shall report according to their decentralization and send them to the Policy Department.

c) The commander or political commissar of the military zone, the director of the Policy Department, within 03 days from the date of receipt of all required documents, shall issue a decision on entitlement to the regime for meritorious people according to Form No. 73 Annex I of the Decree (hereinafter referred to as the decision on entitlement to the regime for people with meritorious services); transfer the dossier together with the decision to the requesting agency or unit for management and implementation of the incentive regime.

2. In case war invalids have not yet enjoyed the preferential regime due to sending the book to B specified at Point c, Clause 4, Article 119 of the Decree

a) The Hanoi Capital Command or the provincial Military Command within 9 days from the date of receipt of all the documents specified at Point a, Clause 4, Article 119 of the Decree shall be responsible for inspecting, coordinate with the Department of Labor - Invalids and Social Affairs in verifying and clarifying the enjoyment of preferential regimes of local subjects. The Hanoi Capital Command has sent a document with the dossier to request the Policy Department, the provincial Military Command to request the Political Department of the military zone.

Within 5 days from the date of receipt of the decision on re-entitlement of the preferential regime and dossier; direct the agency to settle the regime, hand over the decision and certificate of war invalids to the subjects; move the file to the Department of Labor - Invalids and Social Affairs where the war invalids permanently reside for management and implementation of the preferential regime.

b) The Political Department of the military zone within 03 days from the date of receipt of complete dossiers as prescribed, is responsible for examining and approving; send a written request to the Policy Department.

Within 03 days from the date of receiving the decision to enjoy the preferential regime and the dossier, it shall be transferred to the provincial-level Military Command for implementation.

c) The Policy Department within 10 days from the date of receipt of complete dossiers, shall be responsible for appraisal; The Director of the Policy Department shall issue a decision on re-entitlement to meritorious people in case conditions are met; transfer the decision and dossier to the Hanoi Capital Command or the Military Zone Political Department for implementation.

What are procedures for settlement of lump-sum benefits when people with meritorious services to the revolution die in active service or work in Vietnam?

According to Article 25 of Circular 55/2022/TT-BQP, procedures for settlement of lump-sum benefits when people with meritorious services to the revolution die in active service or work are as follows:

1. The agency or unit directly managing the regiment level and the equivalent or higher within 05 days from the date of death of the person with meritorious services, shall send a written request enclosed with a copy of the death notice to the next immediate superior decentralization (division level and equivalent within 03 days), send to the political agency of the unit under the Ministry where the records of people with meritorious services are managed.

2. The political agency of the unit affiliated to the Ministry where the records of meritorious persons are managed within 04 days from the date of receipt of all documents as prescribed, shall be responsible for checking and comparing the dossiers of meritorious persons. the document enclosed with the report to the Command of the military zone (subject to the management of the military zone); Subjects belonging to the remaining units shall report according to their decentralization and send them to the Policy Department.

Within 03 days from the date of receiving the decision to terminate the preferential regime for people with meritorious services and the one-time subsidy decision, shall be responsible for implementing the regime; move the profile of the person with meritorious services to the Department of Labor - Invalids and Social Affairs where the relative of the meritorious person permanently resides to carry out the procedures for enjoying the monthly survivorship allowance and fostering survivorship allowance (if any).

3. The commander or political commissar of the military zone, the director of the Policy Department, within 5 days from the date of receipt of all required documents, is responsible for issuing a decision to terminate the preferential regime for people with meritorious services and decide on a one-time subsidy according to Form No. 74, Appendix I of the Decree; transfer the dossier together with the decision to the requesting agency or unit for implementation.

What are procedures for amending and supplementing personal information in dossiers of people with meritorious services to the revolution in Vietnam?

According to Article 26 of Circular 55/2022/TT-BQP, procedures for amending and supplementing personal information in dossiers of people with meritorious services to the revolution are as follows:

1. For people with meritorious services who are in the army or working

a) The agency or unit directly managing the regiment level and the equivalent or higher, within 07 days from the date of receipt of all the papers specified at Point a, Clause 3, Article 130 of the Decree, shall inspect them ; a copy of the curriculum vitae of the party member upon being admitted to the Party (if he is a Party member) and a copy of the curriculum vitae of the cadre or military personnel, defense workers, and people working in the grassroots organization documents under the Government Cipher Committee managed by the unit and documents provided by the official, requested according to decentralization (division level and equivalent within 03 days), sent to the political agency under the Ministry where the records of people with meritorious services are managed.

b) The political agency of the unit affiliated to the Ministry where the records of people with meritorious services are managed, within 10 days from the date of receipt of the prescribed papers, are responsible for checking and comparing information in the dossiers of persons with meritorious service, have a document enclosed with the papers specified at Point a, Clause 1 of this Article and a copy of the written request for information modification and supplementation, and send it to the competent agency specified at Point a, Clause 2, Article 130 . Decree.

Within 05 days from the date of receipt of the amendment or supplement from the competent authority, the document enclosed with the above documents shall be reported to the Commander or the Political Commissar of the military zone for promulgation of the decision on amendment, supplement information in the file of meritorious people according to Form No. 75, Appendix I of the Decree (hereinafter referred to as the decision to amend and supplement information in the dossier of meritorious persons) under the management of military zones, send the revised decision on the Policy Department; Subjects belonging to the remaining units shall report according to their decentralization and send them to the Policy Department.

c) The Department of Policy within 05 days from the date of receipt of complete papers and dossiers as prescribed, is responsible for inspecting; The Director of the Policy Department shall issue a decision to amend and supplement information in the dossier of the person with meritorious services; amend information in the electronic dossier and send the revised dossier and decision to the requesting agency or unit for management and implementation.

2. For people with meritorious services who have moved out

The agency or unit is competent to amend and supplement within 30 days from the date of receipt of a written request from the Department of Labor, War Invalids and Social Affairs, enclosed with the papers specified at Point b, Clause 3, Article 130 of this Decree , responsible for checking and comparing; send amendments and supplements to the requesting agency and the Policy Department.

Best Regards!

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