Procedure for recognition of sick soldiers for active-duty servicemen in Vietnam

Procedure for recognition of sick soldiers for active-duty servicemen in Vietnam (Internet image)

The Ministry of Defense of Vietnam issued Decision 4576/QD-BQP in 2022, announcing newly issued administrative procedures and abolishing administrative procedures in the field of policies for people with meritorious services to the revolution under the management of the Ministry of National Defense of Vietnam.

1. Application for recognition of sick soldiers with active-duty servicemen in Vietnam

The following items are included in the dossier for the recognition of sick soldiers with active-duty servicemen:

- Proposal;

- A summary of the medical record for the day or immediately following the date of duty, demonstrating the treatment process because it is directly related to the performance of urgent and dangerous tasks at the district hospital, center district health, or equivalent or higher (including military and police hospitals);

If they have not yet received treatment at a medical examination and treatment facility, they must have a periodical health examination card or a health check form confirming that their medical condition is directly related to the performance of urgent and dangerous tasks within 1 year after the task;

- A work plan or decision, a list of tasks assigned, or confirmation of tasks assigned by the agency or unit directly managing the sick person;

- Report on the incident involving the agency or unit directly responsible for the sick person;

- Illness Confirmation (Form No. 36, Appendix I of Decree 131/2021/ND-CP);

Form No. 36

- Medical examination and assessment recommendation letter (Form No. 38, Appendix I of Decree 131/2021/ND-CP);

Form No. 38

- Form No. 91, Appendix I to Decree 131/2021/ND-CP, for application for recognition of wounded or sick soldiers;

Form No. 91

- Minutes of medical assessments (Form No. 78, Appendix I to Decree 131/2021/ND-CP);

Form No. 78

- An examination certificate indicating the use of assistive devices, orthopedic instruments, orthopedic rehabilitation devices, and devices (Form No. 40, Appendix I of Decree 131/2021/ND-CP);

Form No. 40

- Agency and unit proposal documents in accordance with regulations 

2. Procedure for recognition of sick soldiers for active-duty servicemen in Vietnam

- Step 1: The individual submits an application to the agency or unit directly managing the regiment level or its equivalent or higher, together with one of the papers specified in Clause 3 and Article 48 of Decree 131/2021/ND-CP.

- Step 2: Within six days of receiving all prescribed papers, the agency or unit directly managing the regiment level and the equivalent or higher is responsible for examining, establishing, and completing the prescribed dossier prescribed in Article 48 of Decree 131/2021/ND-CP; issuing a certificate of illness according to Form No. 36, Appendix I of Decree 131/2021/ND-CP; and sending a written request enclosed with the application to the immediate superior.

Form No. 36

- Step 3: The Policy Department, within five days from the date of receipt of complete dossiers as prescribed, is responsible for appraising and issuing appraisal slips; transferring the file to the Political Department of the military zone (subject to the right to introduce medical assessments according to regulations) or issuing a referral (for the remaining subjects as prescribed) for eligible cases, enclosed with a copy of the dossier, to the competent medical assessment council to determine the rate of bodily injury due to illness.

- Step 4: The Political Department of the military zone, within three days from the date of receipt of the dossier and the notification of appraisal results from the Policy Department, is responsible for issuing a recommendation letter for eligible cases, enclosed with a copy of the file, to the competent Medical Assessment Council to determine the rate of bodily injury due to disease.

- Step 5: Medical assessment councils at all levels are responsible for organizing medical examinations and assessments within 45 days of receiving all required documents, according to their decentralization.according to the standards prescribed in Joint Circular 28/2013/TTLT-BYT-BLDTBXH for diseases according to referrals and disease certificates, issuing medical assessment minutes and sending the minutes to the agency or unit that introduced the assessment; in case the medical assessment record has not been issued, a written notice must be sent to the agency or unit that introduced the assessment, clearly stating the reason.

If the medical assessment results in injuries and the use of assistive devices, orthopedic instruments, orthopedic rehabilitation means, and devices as prescribed is required, the director of the hospital where the medical assessment council is held is responsible for granting examination papers and appointing the use of assistive devices, orthopedic devices, and orthopedic devices and devices for rehabilitation to the subject according to Form No. 40, Appendix I of Decree 131/2021/ND-CP.

The Medical Assessment Council of the Ministry of National Defense and the Medical Assessment Council of Military Hospital 175 shall carry out the examination and rebuttal according to the regulations of the Minister of National Defense for the subjects of examination and assessment.

- Step 6: Within 05 days of receiving the medical assessment record, the commander or political commissar of the military zone (subject to the management of the military zone), the director of the Policy Department (subject to the remaining agencies and units), is responsible for issuing the decision to issue the certificate of sick soldier and preferential allowances and allowances according to Form No. 63, Appendix I of Decree 131/2021/ND-CP; issuing certificates of sick soldiers according to Form No. 102, Appendix I of Decree 131/2021/ND-CP; and transferring the dossier to the requesting agency or unit to move the dossier to the Department of Labor, War Invalids, and Social Affairs where the sick soldier permanently resides to implement the preferential regime.

Form No. 63

Form No. 102

Diem My

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