Records and Procedures for Receiving Preferential Policies for Relatives of Martyrs in Vietnam

22:40, 09/07/2024

Below is the newly promulgated content in Circular 05/2013/TT-BLDTBXH issued by the Ministry of Labor, War Invalids and Social Affairs of Vietnam, providing guidance on the procedures for dossier establishment, dossier management, and implementation of preferential policies for individuals who have made contributions to the revolution and their relatives.

The file for enjoying preferential policies for relatives of martyrs and procedures for resolving policies for these subjects in Vietnam is detailed in Articles 6, 7 of Circular 05/2013/TT-BLDTBXH. To be specific:

File to enjoy preferential policies for relatives of martyrs, Circular 05/2013/TT-BLDTBXH

Illustrative image (source: internet)

Firstly, the records to enjoy preferential policies for relatives of martyrs in Vietnam:

- Death notice.

- Copy of the "To Quoc Ghi Cong" certificate.

- Declaration of the situation of the martyr’s relatives (Form LS4) attached with documents specified in Clause 1, Article 7 of this Circular.

- Decision to issue the martyr family certificate and monthly allowance or one-time allowance decision at the time of death in case the martyr has no relatives (Form LS5).

Secondly, procedures for resolving policies for relatives of martyrs in Vietnam:

	Content of the policy resolution procedure
Step 1	The representative of the martyr's relatives makes a declaration of the situation of the relatives attached with a power of attorney and a copy of the "To Quoc Ghi Cong" certificate and sends it to the People's Committee at the commune level. + In case the relative is a person who took care of the martyr: There must be a written request from the martyr's family and clan, confirmed by the commune-level People's Committee. + In case the relative is a child under 18 years old: There must be an additional copy of the birth certificate. + In case the relative is a child aged 18 or older who is studying: There must be an additional certification from the educational institution where the child is studying; if the child is studying at a vocational or higher education institution, there should also be a copy of the high school diploma or certification from the high school about the time of graduation. + In case the relative is a child aged 18 or older with severe or particularly severe disabilities from a young age: There must be an additional certification of the disability level from the Disability Level Determination Council according to the regulations of the Law on Persons with Disabilities and the minutes of the provincial medical assessment council. + In case the relative is a child aged 18 or older with severe or particularly severe disabilities after the age of 18 without monthly income or with monthly income lower than 0.6 times the standard level: There must be an additional disability level certification from the Disability Level Determination Council and an income certification (Form TN) from the commune-level People's Committee and the minutes of the provincial medical assessment council. + In case the martyr has no relatives eligible for monthly allowance: The worshipper makes a declaration of the situation of the relatives attached with a power of attorney and a copy of the "To Quoc Ghi Cong" certificate and sends it to the commune-level People's Committee.
Step 2	The commune People's Committee certifies the declaration of the martyr's relatives (including cases where the relatives receive additional monthly survivor benefits) and sends the above documents to the Department of Labor - War Invalids and Social Affairs (within 05 days from the date of receiving the declaration).
Step 3	The Sub-Department of Labor - War Invalids and Social Affairs consolidates, makes a list, and sends the documents to the Department of Labor - War Invalids and Social Affairs (within 05 days from the date of receiving the documents mentioned in Step 2).
Step 4	The Department of Labor - War Invalids and Social Affairs issues a decision to grant the martyr family certificate and monthly allowance or a one-time allowance decision (within 10 days from the date of receiving all valid documents). Note: For the case where the relative is a child aged 18 or older with severe or particularly severe disabilities from a young age or with severe or particularly severe disabilities after the age of 18 without monthly income or with monthly income lower than 0.6 times the standard level, the Department of Labor - War Invalids and Social Affairs shall refer the case to the provincial medical assessment council for assessment and issue a decision based on the assessment conclusion.

See the full text of the regulations at Circular 05/2013/TT-BLDTBXH effective from July 1, 2013.

Thu Ba

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