On December 9, 2020, the National Assembly Standing Committee issued Ordinance No. 02/2020/UBTVQH1 on Preferential Treatment of People with Meritorious Services to the Revolution, including 7 Chapters and 58 Articles, to stipulate the scope, subjects, conditions, standards and preferential measures for People with Meritorious Services to the Revolution and relatives of People with Meritorious Services to the Revolution; works of attribution of martyrs, graves of martyrs; resources for implementation; state management; responsibilities of relevant agencies, organizations and individuals in the implementation of policies and incentives People with Meritorious Services to the Revolution and their relatives, of those who were with the revolution. The Ordinance No. 02/2020/UBTVQH14 contains the following main contents:
* Specifying the subjects receiving the preferential regime of People with Meritorious Services to the Revolution:
According to the provisions of Article 3 of The Ordinance No. 02/2020/UBTVQH14, the beneficiaries of the preferential regime of People with Meritorious Services to the Revolution include: (1) People with Meritorious Services to the Revolution; and (2) Relatives of People with Meritorious Services to the Revolution. In which:
- For the group of People with Meritorious Services to the Revolution:
Ordinance No. 02/2020/UBTVQH14 continues to recognize similar subjects as prescribed in Clause 1 Article 2 of the current Ordinance, including: Revolutionary activists before January 1, 1945 or revolutionary activities from January 1, 1945 to august 1945; Martyrs; Heroic Vietnamese mothers; Hero of the People's Armed Forces; Hero of Labor during the Resistance; War invalids and policy beneficiaries such as war invalids; Diseased soldiers; Resistance activists infected with toxic chemicals; Revolutionary activists and resistance activists are imprisoned or exiled by the enemy; Resistance activists for national liberation, defense of the Country and international obligations; People with Meritorious Services to the Revolution.
In addition, The Ordinance No. 02/2020/UBTVQH14 also adds a number of new subjects entitled to the regime of People with Meritorious Services to the Revolution who are defenders of the Country, doing international obligations to be imprisoned and exiled by the enemy (Point k, Clause 1, Article 3 of the Ordinance).
- For the group of relatives of People with Meritorious Services to the Revolution: Clause 2, Article 3 of the Ordinance No. 02/2020/UBTVQH14 has specified relatives of People with Meritorious Services to the Revolution who are subjects of preferential benefits including: natural fathers, natural mothers, spouses, children (natural children, adopted children), people who nurture the martyrs.
In addition, The Ordinance No. 02/2020/UBTVQH14 also noted the implementation of preferential policies for foreigners with success with the revolution and assigned the Government to specify (Clause 8, Article 48).
* Principles for the implementation of policies and incentives for People with Meritorious Services to the Revolution and relatives of People with Meritorious Services to the Revolution:
Ordinance No. 02/2020/UBTVQH14 has added the principles for implementing policies and benefits for preferential treatment of People with Meritorious Services to the Revolution benefits in Article 6, including some important principles such as responsibility for health care, material and spiritual life of People with Meritorious Services to the Revolution and relatives of the State and society; the preferential regime of People with Meritorious Services to the Revolution and relatives of People with Meritorious Services to the Revolution must be determined and adjusted in accordance with the socio-economic conditions of the country in each period, ensuring the living standards of People with Meritorious Services to the Revolution equal to or higher than the average of the residential communities in the place of residence ...
* Conditions and criteria for recognition of People with Meritorious Services to the Revolution:
Ordinance No. 02/2020/UBTVQH14 has standardized the conditions and criteria for considering the recognition of People with Meritorious Services to the Revolution for 12 subjects of People with Meritorious Services to the Revolution in accordance with strict principles, truly worthy, honoring the right subjects.
In particular, regarding conditions for recognition of martyrs as well as conditions for recognition of war invalids, policy beneficiaries such as war invalids (referred to as war invalids), on the basis of inheritance of the current Ordinance, Article 14 and Article 23 of The Ordinance No. 02/2020/UBTVQH14 have adjusted the cases of recognition of martyrs and recognition of war invalids in order to ensure strictly, in accordance with reality, peace context, honor worthy of people with tools and specific:
- Remove cases of sacrifice/injury while directly performing the task of searching for and gathering martyr's remains assigned by competent agencies (being prescribed at Point h, Article 11, Point g, Article 19 of the current Ordinance).
- Adding some additional cases of sacrifice/injury when:
+ Fight or directly serve to fight to protect independence, sovereignty, territorial integrity, national security;
+ Perform defense and security tasks in enemy occupation areas, war-held areas, areas adjacent to the occupied enemy areas;
+ Directly political struggle, organized military struggle with the enemy;
+ Activities or participation in revolutionary activities, resistance captured or tortured by the enemy still do not succumb, resolutely fight or implement the policy of prison break, prison break but sacrifice (for martyrs); or, being captured or tortured by the enemy still refuses to succumb, resolutely struggles but leave physical injuries (for wounded).
- Limit the scope of conditions for recognition of martyrs/war invalids in some cases of sacrifice/injury when:
+ Doing international obligations;
+ Directly perform the task of fighting crimes;
+ Especially brave to save people, save property of the State, of the People or prevent or arrest people who commit criminal acts, is a meaningful example of honoring, educating and spreading widely in society;
+ Due to sickness, accidents cannot be treated in time while directly on defense and security tasks in border areas, seas, and islands with particularly difficult conditions according to the list prescribed by the Government (for martyrs); or, due to accidents while directly on defense and security tasks in border areas, at sea or islands with particularly difficult conditions according to the list prescribed by the Government (for war invalids).
* Preferential regime for People with Meritorious Services to the Revolution and relatives:
Ordinance No. 02/2020/UBTVQH14 for one thing (Article 5) lists the main preferential measures for People with Meritorious Services to the Revolution and relatives of People with Meritorious Services to the Revolution. Depending on each subject, receive the main incentives as follows:
(i) Monthly subsidies, monthly and one-time subsidies;
(ii) Other preferential benefits include: Health insurance; Nursing for health rehabilitation; To supply supporting means, orthopedic instruments, necessary means and equipment for rehabilitation as prescribed by orthopedic or rehabilitation establishments in the labor, war invalids and social affairs sectors or provincial-level hospitals or higher; Priority in admissions, job creation; Support for studying to university level at educational institutions of the national education system; Support for housing improvement based on the merits and circumstances of each person or when there are housing difficulties; Exemption or reduction of land use interest when being assigned residential land by the State, change of land use purposes to residential land, recognition of residential land use rights, when purchased houses under state ownership; Prioritize the delivery or lease of land, water surface and sea surface; prioritize forest protection and development; Concessional loans for production and business; Tax exemption or reduction as prescribed by law.
Among these offers are some highlights for the following:
- The regime for martyrs is specified in Article 15 of Ordinance No. 02/2020/UBTVQH14. In particular, the grave of martyrs with full information of burial at the martyrs cemetery is moved according to the wishes of relatives or worshippers of martyrs (Clause 4 of Article 42).
- Preferential regime for martyrs' relatives: Article 16 of Ordinance No. 02/2020/UBTVQH14 detailing preferential measures for relatives of martyrs on the basis of inheritance of Article 14 of the current Ordinance and the provisions of Decree No.31/2013/ND-CP with some outstanding new points:
+ Relatives of martyrs are granted one-time death subsidy when they are posthumously awarded the "Country “Certificate.
+ Monthly death subsidy for the following persons: (1) Natural fathers, natural mothers, children of martyrs under 18 years of age or full 18 years of age or older if they continue to attend school or have serious disabilities, particularly severe disabilities, persons who nurture martyrs; (2) Spouse of martyrs.
+ Relatives of martyrs are supported to visit the graves of martyrs, move martyr's remains.
+ In case "husband and wife of martyrs marry or other spouses but raise martyrs' children to adulthood or take care of natural fathers or mothers of martyrs while alive or because of revolutionary activities without conditions to care for natural fathers or mothers of martyrs while alive", they are entitled to monthly death subsidy and health insurance (Clause 10, Article 16 of the Ordinance).
+ One-time subsidies for relatives equal to 03 months of existing monthly subsidies when relatives of martyrs are receiving monthly death subsidies, unless the subjects being martyrs' spouses marry or other spouses die (Clause 11, Article 16 of the Ordinance).
+ Funeral subsidies for people or organizations performing funerals when relatives of martyrs are receiving monthly death subsidies, except for cases where the subjects being spouses of martyrs marry or other spouses die (Clause 12, Article 16 of the Ordinance).
- Preferential regime with Vietnamese Heroic Mothers (VNAH Mothers):
In addition to the same benefits as martyrs' relatives, the Ordinance provides for the main preferential benefits for VNAH mothers such as: Monthly subsidies; service personnel benefits for VNAH mothers living in families; annual health rehabilitation nursing; In particular, the Ordinance clearly stipulates that the monthly subsidies of VNAH mothers are equal to 03 times the standard level (Clause 2, Article 18 of the Ordinance No. 02/2020/UBTVQH14).
- In addition, The Ordinance No. 02/2020/UBTVQH14 also stipulates that in some cases where People with Meritorious Services to the Revolution are receiving monthly death subsidies, their relatives are entitled to a one-time subsidy equal to 03 months of existing monthly subsidies (Point b, Clause 3, Article 13, Clause 11 Article 16, Clause 4 Article 22, Clause 6 Article 31, Clause 2 article 34, Clause 2 Article 40 No. 02/2020/UBTVQH14). In addition, in case VNAH mothers are awarded the title but die without receiving the preferential benefits or are awarded posthumously the title of "Heroic Vietnamese Mother", relatives of VNAH mothers are entitled to a one-time subsidy.
Ordinance No. 02/2020/UBTVQH14 took effect on July 1, 2021.
Ordinance No. 26/2005/PL-UBTVQH11 and Ordinance No. 04/2012/PL-UBTVQH13 expire from July 1, 2021.
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