Incentive policies for the relatives of martyrs in Vietnam under current law

Incentive policies for the relatives of martyrs in Vietnam under current law
Kim Linh

Martyrs are individuals who have sacrificed their lives for the country and the people while performing their duties. Due to their noble mission, they leave behind loved ones such as parents, spouses, siblings, etc. So, how does the current law stipulate the preferential policies for these relatives of the martyrs in Vietnam?

1. General preferential policies for relatives of martyrs

According to Clause 2, Article 14 of the Ordinance on preferential treatment for people with meritorious services to the revolution in 2005 and Clause 8, Article 1 of the 2012 Amended Ordinance, the preferential policies for relatives of martyrs include:

- One-time allowance upon notification of death;

- Monthly pension allowances based on the relative’s status: relatives of one martyr, relatives of two martyrs, relatives of three or more martyrs, including biological parents, adoptive parents, those who raised the martyr from a young age, spouse, children below 18 years old or those from 18 years old and above if they continue to study or are severely or exceptionally severely disabled;

- In cases where the biological parents, adoptive parents, spouse of the martyr are lonely without support, or the martyr's children are orphans of both parents, they are entitled to additional monthly foster care allowances;

- If the martyr has no relatives upon notification of death, the person inheriting the "Tổ quốc ghi công" certificate will receive a one-time allowance similar to a martyr's relative. If the martyr has no relatives eligible for monthly allowance, the person assigned to worship the martyr will receive an annual allowance;

- Relatives of martyrs are entitled to health insurance paid by the State; prioritization in allocation or leasing of land, water surfaces, and marine areas, preferential loans for production, tax exemption or reduction as per legal provisions; support for housing as stipulated in Clause 2, Article 1 of the 2012 Amended Ordinance;

- Biological parents, adoptive parents who raised the martyr from a young age, spouse, and severely or exceptionally severely disabled children of martyrs are entitled to health rehabilitation every two years. In cases where the biological parents have only one child who is a martyr, or have two or more children who are martyrs, they are entitled to annual health rehabilitation;

- Relatives of martyrs receiving monthly pension allowances are provided with essential supportive means and prosthetic devices based on individual circumstances and the state's capabilities; upon their death, the person organizing the funeral will receive funeral expenses, and the relatives will receive a one-time allowance;- Martyrs' children are given priority in enrollment and job creation; assistance in studying at educational institutions within the national education system up to the university level.

Along with the above preferential policies, the authorities and mass organizations at the local level are responsible for regularly visiting, encouraging, and gifting martyrs' relatives, especially during holidays, Tet Holdays, and the annual Martyrs' and Invalids' Day on July 27.

2. Regulations on monthly pension allowance policies for relatives of martyrs in Vietnam

Based on Article 20 of Decree 31/2013/ND-CP, the monthly pension allowance policies for relatives of martyrs are as follows:

- Relatives of one martyr receive a monthly allowance equivalent to one-fold the standard rate;- Relatives of two martyrs receive a monthly allowance equivalent to two-fold the standard rate;- Relatives of three or more martyrs receive a monthly allowance equivalent to three-fold the standard rate;- A widow or widower who remarries still receives a monthly allowance equivalent to one-fold the standard rate;- In cases where the relative receiving a monthly allowance passes away, the person organizing the funeral is entitled to funeral expenses; the representative of the relatives will receive a one-time allowance equivalent to three months' preferential pension.

According to Decree 99/2018/ND-CP, the standard rate applied from July 1, 2018, is 1,515,000 VND.

3. Policies for martyr worship allowance in Vietnam

The detailed policies for martyr worship allowance are stipulated in Article 21 of Decree 31/2013/ND-CP and Article 2 of Circular 16/2014/TT-BLDTBXH. If the martyr has no relatives eligible for the monthly allowance, the person worshiping the martyr will receive an annual worship allowance of 500,000 VND.

- In cases where the martyr has multiple children, the worshiper is one of the children authorized by the others; if the martyr has only one child or one remaining living child, authorization is not required;- If the martyr's children wish to entrust someone else to perform the worship, the worshiper is the person authorized by the martyr's children;- If the martyr has no children or one child who is incapable, legally incapacitated, residing abroad, or unlocatable, the worshiper is the person appointed by the martyr's family or clan;- If the worshiper of the martyr dies within the year but before the allowance is disbursed, the allowance of that year is paid to the authorized new worshiper.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

0 lượt xem



  • Address: 19 Nguyen Gia Thieu, Vo Thi Sau Ward, District 3, Ho Chi Minh City
    Phone: (028) 7302 2286
    E-mail: info@lawnet.vn
Parent company: THU VIEN PHAP LUAT Ltd.
Editorial Director: Mr. Bui Tuong Vu - Tel. 028 3935 2079
P.702A , Centre Point, 106 Nguyen Van Troi, Ward 8, Phu Nhuan District, HCM City;