What are the guidelines for the procedure for recognition of sick soldiers for active-duty servicemen in Vietnam? – Tuan An (Tay Ninh)
Guidelines for the procedure for recognition of sick soldiers for active-duty servicemen in Vietnam (Internet image)
- The individual submits an application to the agency or unit currently working, together with one of the papers specified in Clause 3, Article 48 of Decree 131/2021/ND-CP.
- Agencies or units that are working within 12 days from the date of receipt of the application shall be responsible for transferring it to a competent agency or unit under the guidance of the Ministry of National Defense and the Ministry of Public Security to complete the dossier and issue a decision to issue a certificate of sick soldier and preferential allowances and allowances according to Form No. 63, Appendix I of Decree 131/2021/ND-CP.
Soldiers with an injury rate of 81% or more with particularly serious illnesses include: amputation or paralysis of two or more limbs; complete blindness in both eyes; Severe mental illness leading to the inability to support himself in daily life is entitled to a special monthly allowance as prescribed at Point d, Clause 1, Article 27 of the Ordinance.
At the same time, issue a certificate of sick soldier according to Form No. 102, Appendix I of Decree 131/2021/ND-CP, and move the dossier to the Department of Labor, War Invalids, and Social Affairs, where the sick soldier permanently resides.
- Department of Labor, War Invalids, and Social Affairs, within 12 days from the date of receipt of complete dossiers, is responsible for checking and continuing to implement the preferential regime.
- The Ministry of National Defense and the Ministry of Public Security shall guide the process of recognizing sick soldiers, and the time for consideration and settlement shall not exceed 70 days from the date of receipt of the application.
The content is guided by Circular 55/2022/TT-BQP, which guides the process of recognition and implementation of preferential regimes for people with meritorious contributions to the revolution under the responsibility of the Ministry of National Defense of Vietnam.
The process of recognizing sick soldiers for active-duty servicemen specified in Clause 4, Article 51 of Decree 131/2021/ND-CP is guided as follows:
(1) When a soldier is sick:
Agencies, units directly managing regiment level and equivalent or higher, within 06 days from the date of receipt of complete documents specified in Clause 1, Article 51 of the Decree, shall be responsible for examining, establishing, and completing the papers specified in Article 48 of Decree 131/2021/ND-CP; issue a certificate of illness according to Form No. 36, Appendix I to Decree 131/2021/ND-CP; submit a written request to the immediate superior for examination and approval according to decentralization (division level and equivalent within 03 days; agencies and units under the Ministry within 03 days); send to the Department of Policy.
(2) The Department of Policy, within 05 days from the date of receipt of complete dossiers as prescribed, shall appraise and issue appraisal slips; transfer the dossier to the Political Bureau of the military zone (subject to the competence to introduce medical assessment according to regulations); or issue a referral letter (the remaining subjects according to regulations) for eligible cases, attach a copy of the dossier to the competent medical assessment council to determine the rate of bodily injury due to illness.
(3) The Political Bureau of the Military Zone, within 03 days from the date of receipt of the dossier and the notification of appraisal results from the Policy Department, is responsible for issuing the recommendation letter for eligible cases, attach a copy of the dossier to the competent medical assessment council to determine the rate of bodily injury due to illness.
(4) Medical assessment councils at all levels, according to their decentralization, within 45 days from the date of receipt of all required documents, are responsible for organizing medical examination and assessment according to the standards specified in Joint Circular 28/2013/TTLT-BYT-BLDTBXH. For diseases according to the referral and the certificate of illness, issue a medical assessment record and send the record 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.
In cases where the results of medical assessment show wounds that require the use of assistive devices, orthopedic tools, orthopedic rehabilitation means, and devices as prescribed, 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 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.
(5) 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) within 5 days from the date of receipt of the medical assessment record, shall be 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; issue a certificate of sick soldier according to Form No. 102 Annex I Decree 131/2021/ND-CP; transfer 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.
Duong Chau Thanh
Address: | 19 Nguyen Gia Thieu, Vo Thi Sau Ward, District 3, Ho Chi Minh City |
Phone: | (028) 7302 2286 |
E-mail: | info@lawnet.vn |