Who are the martyrs? Conditions to be recognized as a martyr in Vietnam

Who are the martyrs? Conditions to be recognized as a martyr in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Who are martyrs?

According to Clause 1, Article 14 of the Ordinance on Incentives for People with Meritorious Services to the Revolution 2020, a martyr is a person who has sacrificed for the revolutionary cause of national liberation, the construction and defense of the Fatherland, performing international obligations, or for the benefit of the State or the people; is considered and recognized as a martyr by the competent authority in the cases prescribed by law.

2. Conditions to be recognized as a martyr in Vietnam

Those who have sacrificed for the revolutionary cause of national liberation, the construction and defense of the Fatherland of Vietnam, performing international obligations, or for the interests of the State or the people; are considered and recognized as martyrs by a competent agency in one of the following cases:

(i) Fighting or directly serving in combat to protect independence, sovereignty, territorial integrity, and national security;

(ii) Performing national defense and security tasks in areas occupied by the enemy, areas of hostilities, and areas adjacent to enemy-occupied areas;

(iii) Directly engaged in political and organized warfare against the enemy;

(iv) Activities or participation in revolutionary activities, the resistance is captured, tortured by the enemy, still refuses to submit, resolutely struggles, or implements the policy of prison escape and sacrifice;

(v) Performing international obligations;

(vi) Courageously perform urgent and dangerous jobs in service of national defense and security;

(vii) Directly performing combat training tasks, maneuvers, or dangerous national defense and security tasks;

(viii) Due to illness or accident that cannot be treated in time while directly performing national defense and security tasks in border areas, at sea, or on islands with extremely difficult conditions, according to the list issued by the Government.

(ix) Directly performing the task of fighting crime;

(x) Especially brave in saving people, saving the state's or people's property, or preventing and arresting criminals, setting an example that honors, educates, and spreads widely in society.society;

(xi) Since recurrent wounds are the main cause of death for wounded soldiers, beneficiaries of policies like those for war invalids specified in Clauses 1 and 2, Article 23 of the Ordinance on Incentives for People with Meritorious Services to the Revolution 2020 with a body injury rate of 61% or higher, with medical records for treatment of recurrent wounds at the hospital at the district level or higher, and the death audit report;

(xii) Absent in the cases specified in (i), (ii), (iii), (iv), (v), (vi), (vii), (ix), and (x) and recognized by the competent agency as not treason; surrender, retreat, desertion.

(Clause 1, Article 14 of the Ordinance on Incentives for People with Meritorious Services to the Revolution 2020)

3. Authority to issue certificate of sacrifice to martyrs in Vietnam

Specifically, in Article 16 of Decree 131/2021/ND-CP, the agency, organization, or individual management unit at the time of sacrifice has the authority to issue a certificate of sacrifice as follows:

(1) Those who sacrifice are officers, professional soldiers, non-commissioned officers, soldiers, defense officials, workers, and defense officers issued by the head of the regiment or equivalent or higher; the person who sacrifices is a person doing cipher work, someone doing other work in a cipher organization, and a cipher student of the Government Cipher Committee, who is granted a certificate by the head of the unit affiliated to the Department or higher.

(2) Those who die are officers, non-commissioned officers, soldiers, workers, and contract workers with an indefinite term who are entitled to a salary from the public security budget. The head of a unit under the Ministry or the Director of the provincial-level Police Department shall issue the certificate.

(3) The person who sacrificed belongs to a central authority, certified by the Minister or equivalent.

(4) The deceased is under the management of a provincial-level agency, and a certificate is issued by the President of the provincial-level People's Committee.

(5) Persons who sacrifice themselves at district- or commune-level agencies and in cases other than those specified in (1), (2), (3) and (4) issued a certificate by the President of the district-level People's Committee.

Tran Thanh Rin

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