Procedures for settlement of benefits when a person with meritorious service or work passes away in Vietnam

Procedures for settlement of benefits when a person with meritorious service or work passes away in Vietnam (Internet image)

On November 6, 2022, the Ministry of National Defense issued Decision 4576/QD-BQP on announcing newly issued administrative procedures and abolished administrative procedures in the field of policies for people with meritorious services to the revolution under the management function of the Ministry of National Defense.

1. Who are the people with meritorious services?

According to Clause 1, Article 3 of Ordinance 02/2020/UBTVQH14, people with meritorious service include:

- People who participated in revolutionary activities before January 1, 1945;

- Revolutionary activists from January 1, 1945, to the August uprising in 1945;

- Martyrs;

- Vietnamese heroic Mother;

- Hero of the People's Armed Forces;

- Labor Hero during the resistance period;

- War invalids, including class B war invalids recognized before December 31, 1993; policy beneficiaries such as war invalids;

- Sick soldiers;

- Resistance activists are infected with toxic chemicals;

- People who engage in revolutionary, resistance, national defense, or international duty activities are imprisoned or exiled by the enemy;

- People who are active in the resistance war to liberate the nation, protect the Fatherland, and perform international duty;

- People who contributed to helping the revolution.

2. Procedures for handling benefits when a person with meritorious service or work passes away in Vietnam

Procedures for resolving benefits when a person with meritorious service who is on active duty or working passes away according to Decision 4576/QD-BQP dated November 6, 2022, are as follows:

2.1. Procedure for handling benefits when a person with meritorious service or work passes away

* Step 1: Agencies and units directly managing the regiment level and equivalent or higher within 05 days from the date of death of the person with meritorious service, issue a document enclosed with a copy of the death notice, and request the immediate superior according to hierarchy (division level and equivalent within 03 days) to send it to the political agency of the unit under the Ministry where the records of people with meritorious service are managed.

* Step 2: The political agency under the Ministry that manages the records of people with meritorious service, within 04 days from the date of receiving all the required documents, is responsible for checking and comparing the records of people with meritorious services. There is a document attached to the dossier to report to the Military Region Command (subjects under the management of the military region); subjects belonging to the remaining units report according to hierarchy and send it to the Policy Department.

* Step 3: The Commander or Political Commissar of the military zone, Director of the Policy Department, within 05 days from the date of receiving all required documents, is responsible for issuing a decision to terminate the preferential regime for people with meritorious service and decide on a one-time subsidy according to Form No. 74, Appendix I, Decree 131/2021/ND-CP; Transfer the dossier and decision to the requesting agency or unit for implementation.

Mẫu số 74

* Step 4: Political agencies under the Ministry are responsible for implementing the regime within 03 days of receiving the decision to terminate the preferential regime for those who have meritorious services and decide on a one-time subsidy.

Move the profile of the person with meritorious service to the Department of Labor, War Invalids, and Social Affairs, where the relative of the person with meritorious service permanently resides, to carry out procedures for receiving monthly death benefits and foster care benefits (if any).

2.2. Some other regulations on procedures for settlement of benefits when a person with meritorious service or work passes away

- Submission methods: Via public postal service or directly.

- Document components:

+ A certified copy of the death certificate or extract from the declaration;

+ Written request according to regulations;

- Number of documents: 01 set.

- Processing time: 20 days from the date of the person's death (specific time specified in each step of the implementation process).

- Subjects carrying out administrative procedures: Agencies and units directly managing the regiment level and equivalent or higher.

- Agencies carrying out administrative procedures:

+ Authority or person with decision-making authority: Commander or Political Commissar of the military zone (subjects managed by the military zone); Director of the Policy Department (subjects of the remaining units).

+ Authority or competent person authorized or decentralized to implement (if any): No.

+ Agencies directly implementing administrative procedures: Agencies and units directly managing the regiment level and equivalent or higher.

+ Coordinating agency (if any): Political agency under the Ministry.

- Results of implementing administrative procedures: Decision to terminate preferential treatment for people with meritorious services (Form No. 72 Appendix I Decree 131/2021/ND-CP) and decision to resolve one-time benefits (Form No. 74 Appendix I Decree 131/2021/ND-CP).

Mẫu số 72

Mẫu số 74

- Fees: No.

- Name of application form, declaration form: Declaration to resolve preferential treatment when people with meritorious service die (Form No. 12 Appendix I Decree 131/2021/ND-CP).

Mẫu số 12

- Requirements and conditions for carrying out administrative procedures: People with meritorious service who are on active duty or have passed away from work.

More details can be found in Decision 4576/QD-BQP, taking effect from the date of signing.

Quoc Dat

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