Vietnam: 03 cases that are not considered for recognition of people with meritorious services to the revolution

The Ordinance on preferential treatment given to people with meritorious services to the revolution 2020 issued by the Standing Committee of National Assembly of Vietnam on December 09, 2020 has stipulated cases that are not considered for recognition of people with meritorious services to the revolution.

03 trường hợp không được công nhận là người có công với cách mạng

Specifically, according to Article 53 of the Ordinance on preferential treatment given to people with meritorious services to the revolution 2020 of Vietnam, cases that are not considered for recognition of people with meritorious services to the revolution include:

(1) Not considering recognizing people with meritorious services to the revolution in cases of participating in activities against the regime, the Party and the State; desertion, betrayal, participating in the Open Arms program; is serving a definite prison sentence but is not entitled to a suspended sentence, life imprisonment, death penalty or is convicted of one of the crimes of infringing upon national security; deprived of military title or people's police title;

(2) Not consider recognizing people with meritorious services to the revolution in cases of death, injury or illness caused by themselves; violate the law, violate the regulations of agencies and units; caused by an accident not caused by the conduct of the offender.

(3) Not consider recognition as revolutionary activists before January 01, 1945, people who were active in revolution from January 01, 1945 to the date of the August uprising, 1945, for those who are expelled from the Communist Party of Vietnam.

In addition, this Ordinance stipulates that people with meritorious services to the revolution and relatives of people with meritorious services to the revolution who are enjoying the preferential regimes shall be temporarily suspended or terminated from enjoying the preferential regimes in the following cases:

- Offenders who do not commit crimes of infringing upon national security and are sentenced to a definite term of imprisonment shall be temporarily suspended from enjoying preferential regimes during the time of serving the prison sentence;

- Persons who illegally exit or go missing will be temporarily suspended from enjoying the preferential regime during their exit or disappearance;

- People with meritorious services to the revolution who participate in activities against the regime, the Party/State; if they deserted, betrayed or participated in the Open Arms program, their preferential regime will be terminated (the relatives of this case will also have their preferential regime terminated);

- Offenders who commit one of the crimes of infringing upon national security or commit other crimes and are sentenced to life imprisonment or death, shall have their preferential regime terminated from the effective date of court judgments or decisions (the relatives of this case will also have their preferential regime terminated);

- Revolutionary activists before January 01, 1945 and people who were active in revolution from January 01, 1945 to the date of the August uprising, 1945, are expelled from the Communist Party of Vietnam shall have their preferential regime terminated from the date of expulsion (the relatives of this case will also have their preferential regime terminated);

- People with meritorious services to the revolution who are temporarily suspended from enjoying the preferential regime for crimes not infringing upon national security and sentenced to a definite term in prison for committing crimes intentionally, their relatives will also be temporarily suspended from preferential regime.

Ordinance on preferential treatment given to people with meritorious services to the revolution 2020 of Vietnam takes effect from July 01, 2020 and replaces the Ordinance on preferential treatment given to people with meritorious services to the revolution 2005.

Le Hai

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