Vietnam: Monthly survivorship allowance when people with meritorious services to the revolution die

On December 09, 2020, the Standing Committee of National Assembly of Vietnam issued the Ordinance on preferential treatment given to people with meritorious services to the revolution 2020. This Ordinance stipulates the monthly survivorship allowance regime of people with meritorious services to the revolution who die but have relatives.

Chế độ hưởng trợ cấp tuất hằng tháng, Pháp lệnh Ưu đãi người có công với cách mạng 2020

According to Article 6 of the Ordinance on preferential treatment given to people with meritorious services to the revolution 2020 of Vietnam, if a person with meritorious services to the revolution dies and has a relative who is entitled to a monthly survivorship allowance according to the provisions of this Ordinance, the relative of a person with meritorious service to the revolution is entitled to a monthly survivorship allowance as follows:

- Relatives of two or more people with meritorious services to the revolution are entitled to a maximum of two monthly survivorship allowances;

- Relatives of a martyr who are concurrently relatives of two or more people with meritorious services to the revolution are entitled to a monthly survivorship allowance of a martyr and a monthly survivorship allowance of a person with meritorious services to the revolution;

- Relatives of two or more martyrs and at the same time are relatives of people with meritorious services to the revolution are entitled to a monthly survivorship allowance for the martyrs' biological fathers, mothers and the martyr's children are under 18 years old, or full 18 years old or older if they continue to go to school, or suffer from severe disability, particularly severe disability, or the person who has contributed to the martyr's care;

- Relatives of people with meritorious services to the revolution and those with meritorious services to the revolution and those with meritorious services to the revolution are entitled to a monthly survivorship allowance for one of them;

- Children of people with meritorious services to the revolution are at least 18 years old if they have received a monthly survivorship allowance while studying at a vocational education and training institution, a higher education institution or are receiving a monthly survivorship allowance while studying at a vocational training institution or higher education institution, if he/she stops studying or is forced to quit, he/she is not entitled to the monthly survivorship allowance.

In comparison with previous provisions of the Ordinance on preferential treatment given to people with meritorious services to the revolution amended in 2012, if people with meritorious services to the revolution die, their relatives are entitled to a monthly survivorship allowance and a monthly maintenance survivorship allowance according to the preferential regime for people with meritorious services to the revolution. In case a person with meritorious services to the revolution falling into two or more of the subjects specified in Clause 1 Article 2 of this Ordinance dies, his/her relative shall be entitled to a survivorship allowance of one of the subjects.

Thus, it can be seen that the Ordinance on preferential treatment given to people with meritorious services to the revolution 2020 of Vietnam has more specific provisions on the monthly survivorship allowance regime for relatives of people with meritorious services to the revolution upon death than before. Therefore, from July 01, 2021, if a person with meritorious services to the revolution dies and has relatives, the relatives of the person with meritorious services to the revolution will be entitled to a monthly survivorship allowance according to the above provisions.

View more details at the Ordinance on preferential treatment given to people with meritorious services to the revolution 2020 of Vietnam, effective from July 01, 2021.

Ty Na

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