ORDINANCE

ON PREFERENTIAL TREATMENT OF PEOPLE WITH MERITORIOUS SERVICES TO THE REVOLUTION

(No. 26/2005/PL-UBTVQH11)

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001, of the Xth National Assembly, the 10th session;

This Ordinance provides the preferential treatment of people with meritorious services to the revolution.

Chapter I

GENERAL PROVISIONS

Article 1. This Ordinance provides the subjects, scope, conditions, criteria, regimes of preferential treatment of people with meritorious services to the revolution and their next of kin; the responsibilities of agencies, organizations and individuals in implementing the preferential policies and regimes towards people with meritorious services to the revolution and their next of kin.

Article 2. The subjects entitled to the preferential treatment regimes prescribed in this Ordinance shall include:

1. People with meritorous services to the revolution:

a) Persons engaged in revolutionary activities before January 1, 1945;

b) Persons engaged in revolutionary activities between January 1, 1945 and before the general uprisings of August 19, 1945;

c) War martyrs

d) Heroic Vietnamese mothers;

e) The People’s Armed Force heroes and heroines; labor heroes and heroines;

f) War invalids, persons enjoying policies like war invalids;

g) Diseased armymen;

h) Resistance war activists infected with toxic chemicals;

i) Revolutionary activists, resistance war activists, who were captured and imprisoned by enemy;

j) Activists in resistance wars for national liberation, national defense and performance of international duties;

k) Persons having merits in assisting the revolution;

2. Next of kin of people with meritorious services to the revolution defined in Clause 1 of this Article.

Article 3.

1. The regimes of preferential treatment of people with meritorious services to the revolution and their next of kin shall be adjusted to suit the country’s socio-economic conditions in each period.

2. Annually, the State shall set aside a budget portion for the implementation of regimes of preferential treatment of people with meritorious services to the revolution and their next of kin.

Article 4. People with meritorious service to the revolution and their next of kin shall be taken care of, assisted by the State and communities and entitled to enjoy the following preferential treatment regimes, depending on the subjects:

1. Monthly subsidies, monthly allowances, lump-sum subsidies.

The Government shall prescribe the levels of monthly subsidies, monthly allowances for people with meritorious services to the revolution and their next of kin to correspond to the average consumption level of the entire society;

2. Other preferential treatment regimes.

Article 5.

1. The state agencies, Vietnam Fatherland Front and its member organizations, economic organizations, social organizations, people’s armed force units and individuals have the responsibility to take care of, and assist people with meritorious services to the revolution and their next of kin in various forms and with practical contents.

2. Vietnam Fatherland Front and its member organizations shall supervise the implementation of, and propose the competent state agencies to well implement, the preferential policies and regimes provided in this Ordinance.

Article 6.

1. The Gratitude Funds shall be set up by the central government, provinces, centrally-run cities, rural districts, urban districts, provincial capitals and towns, communes, wards, townships with contributions of organizations and individuals according to their responsibilities and feelings.

2. Vietnam Fatherland Front shall assume the prime responsibility to mobilize contributions for the setting up of Gratitude Funds.

3. The Government shall specify the regimes for management and use of the Gratitude Funds.

Article 7.

1. A person being two or more subjects defined in Clause 1 of Article 2 shall enjoy subsidy or allowance for every subject and other preferential regimes for only one subject, except for the cases defined in Clause 5 of Article 10 and Clause 5 of Article 33 of this Ordinance.

2. When people with meritorious services to the revolution, who participate in the social insurance, die, their next of kin shall be entitled to enjoy the regime of death gratuity to be paid by the social insurance; if the gratuity sums paid under the social insurance regime are lower than the gratituity money paid under the preferential regimes enjoyed by people with meritorious services to the revolution, they shall also enjoy the differences to be paid by the state budget.

Article 8. The following acts are strictly forbidden:

1. Making false declarations, forging papers in order to enjoy the preferential regimes applicable to people with meritorious services to the revolution;

2. Abusing one’s positions, powers to act against regulations or cause damage to the interests of the State, the interests of people with meritorious services to the revolution;

3. Violating the principles on management and use of funds for the implementation of preferential regimes towards people with meritorious services to the revolution, the Gratitude Funds;

4. Taking advantage of the preferential treatment regimes applicable to people with meritorious services to the revolution to violate laws.

Chapter II

CONDITIONS, CRITERIA AND REGIMES OF PREFERENTIAL TREATMENT

Section 1

 PERSONS HAVING PARTICIPATED IN REVOLUTIONARY ACTIVITIES BEFORE JANUARY 1, 1945

Article 9.

1. Persons having participated in revolutionary activities before January 1, 1945 are those recognized by competent agencies or organizations as having joined revolutionary organizations before January 1, 1945.

2. The preferential regimes applicable to persons having participated in revolutionary activities before January 1, 1945 include:

a) Monthly subsidies, monthly allowances;

b) Medical insurance; convalescense for health recuperation; provision of necessary aid devices, orthopaedic instruments;

c) Provision of Nhan Dan (People) daily; assistance for appropriate cultural activities in spiritual life;

d) State support for housing improvement, based on the merits and specific circumstances of each person.

3. When persons having participated in revolutionary activities before January 1, 1945 die, the funeral organizers shall be entitled to a sum of subsidy and funeral costs, their natural parents, spouses and children shall enjoy monthly death allowances under the Government’s regulations.

4. Children of persons having participated in revolutionary activities before January 1, 1945 shall be given priority in school enrolment and employment and preferences in education and training.

Section 2

 PERSONS HAVING PARTICIPATED IN REVOLUTIONARY ACTIVITIES BETWEEN JANUARY 1, 1945 AND BEFORE THE AUGUST 19, 1945 GENERAL UPRISINGS

Article 10.

1. Persons having participated in revolutionary activities between January 1, 1945 and before the August 19, 1945 General Uprisings are those who have been recognized by competent agencies or organizations as having headed a commune-level mass revolutionary organization or having left their families for revolutionary activities in the period between January 1, 1945 and before  the August 19, 1945 General Uprisings.

2. The preferential regimes applicable to persons having participated in revolutionary activities between January 1, 1945 and before the August 19, 1945 General Uprisings include:

a) Monthly subsidies;

b) Medical insurance; convalescense for health recuperation; provisions of necessary aid devices and/or orthopaedic instruments;

c) Provision of Nhan Dan (People) daily; assistance in appropriate cultural activities and spiritual life;

d) Supports for housing improvement, based on the merits and circumstance of each person and the capability of the State and localities.

3. When persons having participated in revolutionary activities between January 1, 1945 and before the August 19, 1945 General Uprisings die, the funeral organizers shall enjoy a sum of subsidy and funeral costs; their natural parents, spouses and children shall be entitled to monthly death allowances under the Government’s regulations.

4. Children of persons having participated in revolutionary activities between January 1, 1945 and the August 19, 1945 General Uprisings shall be given priority in school enrolment and employment and preferences in education and training.

5. Persons who have been recognized and entitled to enjoy the preferential regimes prescribed in Article 9 of this Ordinance shall not be governed by this Article.

Section 3

 WAR MARTYRS

Article 11.

1. War martyrs are those who have laid down their lives for the revolutionary cause of national liberation, defense of the Fatherland or the performance of international duties or for the interests of the State, of the people and have been posthumously awarded the “To Quoc Ghi Cong” (The Fatherland Acknowledges the Merit) diploma, in one of the following cases:

a) Being engaged in fighting or in direct service of fighting;

b) Being directly engaged in political struggle, organized military proselytization against the adversaries;

c) Being engaged in revolutionary activities, resistance war, captured and tortured by the enemy but not being subdued and having resolutely struggled or having sacrificed their lives while realizing the undertakings to escape from prisons;

d) Having performed international duties;

e) Having fought against criminals;

f) Having courageously performed urgent and/or dangerous tasks in service of national defense and/or security; courageously saved people and/or saved the property of the State and people;

g) Having got ailments, accidents while performing defense and/or security tasks in geographical areas hit by extraordinary socio-economic difficulties;

h) War invalids or persons enjoying policies like war invalids, defined in Article 19 of this Ordinance, who die due to recurrence of their old wounds.

2. War martyrs shall be entitled to organization of death notification, memorial service and funeral. The State and people build, manage, take care of and preserve works acknowledging the merits of war martyrs, including their tombs, cemeteries, monuments, steles inscribed with war martyrs’ names.

Article 12.

1. Agencies, organizations or units of war martyrs have the responsibility to coordinate with the People’s Committees of communes, wards or townships where the war martyrs’ families reside in organizing solemn memorial services for the war martyrs.

2. The Government shall provide the search for, gathering, management, care, preservation of, and visits to, war martyrs’ graves; build and manage war martyrs’ cemeteries, monuments and steles; notify the local People’s Committees and families of war martyrs of the latter’s graves.

Article 13.

1. The investment in the construction, upgrading, embellishment of war martyrs’ tombs, cemeteries, monuments and steles shall be assured with state budget and people’s contributions.

2. The People’s Committees of all levels have the responsibility to manage works acknowledging war martyrs’ merits.

Article 14.

1. War martyrs’ next of kin, who shall be granted by competent state agencies the “Certificate of War Martyr’s Family,” include:

a) Natural parents;

b) Spouses;

c) Children;

d) Persons having the merits of nurturing the war martyrs during their childhood.

2. The preferential regimes for war martyrs’ next of kin shall include:

a) The lump-sum death gratuity upon death notification;

b) Monthly death allowance for parents, spouses of war martyrs, persons having the merits of nurturing the war martyrs during their childhood; war martyrs’ children aged eighteen or younger or aged over eighteen but still continue their schoolings; war martyrs’ children who have been seriously diseased or disabled since childhood and still suffered from working capacity loss of 61% or higher after the expiration of the time limits for enjoyment of death gratuity;

c) Monthly nurturing subsidies for war martyrs’ parents, spouses, persons having the merits of nurturing the war martyrs during their childhood, who are living alone without anyone to rely on; war martyrs’ orphans aged eighteen or younger or aged over eighteen but still continue their schoolings; war martyrs’ orphans who have been seriously diseased or disabled since childhood and still suffered from working capacity loss of 61% or higher after the expiration of the time limits for enjoyment of nurturing subsidies; next of kin of two or more war martyrs;

d) Upon death notification, if war martyrs have no next of kin defined in Clause 1 of this Article, their heirs who keep the “To Quoc Ghi Cong” diplomas shall be entitled to enjoy the lump-sum death gratuity money like war martyrs’ next of kin;

e) War martyrs’ next of kin shall be given priority in renting land, water surface, sea surface, borrowing preferential capital for production, enjoy tax exemption or reduction, public labor duty exemption according to the provisions of law; be rendered supports for housing improvement, based on the circumstance of each person, the capability of the State and localities;

f) War martyers’ next of kin, who are enjoying monthly death gratuity or monthly nurturing subsidies shall have their medical insurance bought by the State; be entitled to convalescense for health recuperation; provided with necessary aid devices, orthopaedic instruments, based on the circumstance of each person, the capability of the State; when they die, the funeral organizers shall enjoy a sum of subsidy and funeral costs;

g) Children of war martyrs shall be given priority in school enrolment and employment, preferences in education and training.

Section 4

 HEROIC VIETNAMESE MOTHERS

Article 15. The preferential regimes applicable to the heroic Vietnamese mothers include:

1. The preferential regimes applicable to war martyrs’ next of kin, defined in Article 14 of this Ordinance;

2. Monthly allowance;

3. Being presented with gratitude houses by the State or people or provided with supports for housing improvement, based on the circumstance of each person.

Section 5

 PEOPLE’S ARMED FORCE HEROES AND HEROINES, LABOR HEROES AND HEROINES

Article 16. The People’s Armed Force heroes and heroines and the Labor heroes and heroines, who are entitled to the preferential regimes specified in this Ordinance, include:

1. Persons who have been conferred or posthumously conferred the title “People’s Armed Force Hero” according to the provisions of law;

2. Persons who have been awarded the title of “Labor Heroe” for their extraordinarily splendid achievements in labor, production in service of resistance wars.

Article 17. The preferential regimes applicable to the People’s Armed Force heroes and heroines and Labor heroes and heroines include:

1. Monthly subsidies;

2. Medical insurance; convalescense for health recovery; provisions of necessary aid devices and/or orthopaedic instruments;

3. Priority in school enrolment and employment, preferences in education and training.

4. Priority in allocation or lease of land, water surface, sea surface, in borrowing preferential capital for production; supports for housing improvement, based on the circumstance of each person and the capability of the State and localities; when they die, the funeral organizers shall enjoy a sum of subsidy and funeral costs.

Article 18.

1. For the People’s Armed Force heroes or heroines and Labor heroes or heroines, who had died before January 1, 1995, their next of kin shall be entitled to lump-sum subsidies.

2. Children of People’s Armed Force heroes or heroines or of Labor heroes or heroines shall be given priority in school enrolment and employment and preferences in education and training.

Section 6

 WAR INVALIDS, PERSONS ENJOYING POLICIES LIKE
WAR INVALIDS

Article 19.

1. War invalids are armymen, people’s policemen, who have got wounded, thus having their working capacity reduced by 21% or more and being granted the “War Invalids Certificate” and the “War Invalids Badge” by competent agencies or units, in one of the following cases:

a) Being engaged in fighting or in direct service of fighting;

b) Being captured and torturned by the enemy but being not subdued, resolutely struggling, being left with wounds on their bodies;

c) Having performed international duties;

d) Having struggled against criminals;

e) Having courageously performed urgent, dangerous tasks in service of national defense and/or security; having bravely saved people, property of the State and people;

f) Having performed defense and/or security tasks in geographical areas hit by extraordinary socio-economic difficulties.

2. Persons enjoying policies like war invalids are those who are neither armymen nor people’s policemen and got wounded thus having their working capacity reduced by 21% or higher in one of the cases specified in Clause 1 of this Article and have been granted by competent agencies the “certificate of persons enjoying policies like war invalids”.

3. Grade-B war invalids mean armymen or people’s policemen, who have got wounded, thus having their working capacity reduced by 21% or higher while in training or doing their jobs, and had been so recognized by competent agencies or units before December 31, 1993.

War invalids, persons enjoying policies like war invalids and grade-B war invalids defined in this Article are referred collectively to as war invalids.

Article 20. Preferential regimes applicable to war invalids include:

1. Monthly subsidies, monthly allowances, based on the extent of working capacity reduction and the invalidity grades;

2. Medical insurance; convalescense for health recuperation, labor-function rehabilitation; provision of aid devices, orthopaedic instruments, based on the invalidity of each person and the capability of the State;

3. Priority in school enrolment and employment; being given conditions to work in state agencies or enterprises in accordance with the provisions of labor legislation, depending on their invalidity and professional qualifications; preferences in education and training;

4. Priority in allocation or lease of land, water surface, sea surface, in borrowing preferential capital for production, tax exemption or reduction, public labor duty exemption under the provisions of law; being provided with supports for housing improvement, based on the circumstance of each person, the capability of the State and the localities.

Article 21.

1. For war invalids having their working capacity reduced by 81% or higher, the State shall buy medical insurance for their children who are aged eighteen or younger or aged over eighteen but still continue their schoolings or have been seriously ill or disabled since childhood and have still suffered from working capacity reduction of 61% or higher upon the expiration of the time limit for enjoyment of medical insurance.

2. For war invalids having their working capacity reduced by 81% or higher and being under health convalescense at their families, their attendants shall be given medical insurance and monthly subsidies.

3. When war invalids die, the funeral organizers shall enjoy a sum of subsidy and funeral costs.

For war invalids having their working capacity reduced by 61% or higher and having died of illnesses or accidents, their next of kin shall be provided with death gratuity under the regulations of the Government.

4. Children of war invalids shall be given priority in school enrolment and employment, preferences in education and training.

Article 22. Production and/or business establishments reserved for war invalids shall be provided with State supports in initial material foundations, including workshops, schools, classrooms, equipment and facilities, be entitled to tax exemption or reduction, preferential loans under the provisions of law.

Section 7

 DISEASED SOLDIERS

Article 23.

1. Diseased soldiers are armymen, people’s policemen suffering from diseases, which reduce their working capacity by 61% or higher, when being demobilized and returning to their families, being granted “the certificate of diseased soldier” by competent agencies or units, in one of the following circumstances:

a) Being engaged in fighting or direct service of fighting;

b) Having operated for three years or more in geographical areas hit by extraordinary socio-economic difficulties;

c) Having operated in geographical areas hit by extraordinary socio-economic difficulties for less than three years but having served in the people’s army or the people’s police for full ten years or more;

d) Having worked in the people’s army or the people’s police for full fifteen years, but not yet fully met the conditions for enjoying the retirement regime;

e) Having performed international duties;

f) Having courageously performed urgent and dangerous tasks in service of national defense and/or security.

2. Diseased soldiers are armymen or people’s policemen suffering from diseases which reduce their working capacity by between 41% and 60% and having been recognized by competent agencies or units before December 31, 1994.

Article 24. The preferential regimes applicable to diseased soldiers include:

1. Monthly subsidies, monthly allowances, based on the extent of working capacity reduction;

2. Medical insurance; convalescense for health recuperation, labor function rehabilitation; provision of aid devices, orthopaedic instruments, based on the seriousness of ailment of each person and the capability of the State;

3. Priority in allocation or lease of land, water surface, sea surface, preferential loan for production, tax exemption or reduction, public labor duty exemption or reduction under the provisions of law; supports for housing improvement, based on the circumstance of each person and the capability of the State and localities.

Article 25.

1. For diseased soldiers having their working capacity reduced by 81% or higher, the State shall buy medical insurance for their children who are aged eighteen or younger or over eighteen but still continue their schoolings or have been seriously ill, disabled since childhood and still suffer from working capacity reduction of 61% or higher upon the expiration of the time limit for enjoying the medical insurance.

2. For diseased soldiers having their working capacity reduced by 81% or higher and being under convalescense at their families, their attendants shall be provided with medical insurance and monthly subsidies by the State.

3. When diseased soldiers die, the funeral organizers shall enjoy a sum of subsidy and the funeral costs.

For diseased soldiers having their working capacity reduced by 61% or higher, who have died, their next of kin shall enjoy the death gratuity subsidies according to the regulations of the Government.

4. Children of diseased soldiers shall be given priority in school enrolment and employment, and preferences in education and training.

Section 8

 RESISTANCE WAR ACTIVISTS INFECTED WITH TOXIC CHEMICALS

Article 26.

1. Resistance war activists infected with toxic chemicals are those who have been recognized by competent agencies as having participated in activities, fighting, combat services in areas sprayed with toxic chemicals by American troops and having been infected with diseases which have rendered them reduced working capacity, deformed children or infertility due to consequences of toxic chemicals.

2. Preferential regimes applicable to resistance war activists infected with toxic chemicals shall include:

a) Monthly subsidies, based on the extent of working capacity reduction;

b) Medical insurance; convalescense for health recuperation, rehabilitation of labor functions; provision of aid devices, orthopaedic instruments, based on the seriousness of ailment of each person and the capability of the State;

c) Priority in allocation or lease of land, water surface, sea surface, preferential loans for production, tax exemption or reduction, public labor duty exemption or reduction under the provisions of law; supports for housing improvement, based on the circumstance of each person and the capability of the State and localities;

3. When resistance war activists infected with toxic chemicals die, the funeral organizers shall enjoy a sum of subsidy and the funeral costs.

4. The Government shall specify the conditions, criteria and regimes of preference for resistance war activists infected with toxic chemicals.

Article 27.

1. Natural children of resistance war activists infected with toxic chemicals are persons who have been recognized by competent agencies as being deformed, handicapped, having reduced capacity for self-reliance in daily-life activities or labor due to the consequences of toxic chemicals.

2. The preferential regimes for natural children of resistance war activists infected with toxic chemicals shall include:

a) Monthly subsidies based on the extent of reduction of capacity for self-reliance in daily-life activities;

b) Medical insurance; provision of necessary aid devices and/or orthopaedic instruments, based on the ailment conditions;

c) Priority in school enrolment and employment, preferences in education and training.

3. When children of resistance war activists infected with toxic chemicals, who are enjoying monthly subsidies, die, the funeral organizers shall enjoy a sum of subsidy and the funeral costs.

Section 9

 REVOLUTIONARY ACTIVISTS OR RESISTANCE WAR ACTIVISTS, WHO ARE IMPRISONED, EXILED BY ENEMY

Article 28. Revolutionary activists or resistance war activists imprisoned or exiled by the enemy are those who have been recognized by competent agencies, organizations or units as having, during their imprisonment or exile, not given any declarations detrimental to the revolution, resistance wars, having not acted as henchmen for the enemy.

Article 29.

1. The preferential regimes for revolutionary activists or resistance war activists, who were imprisoned, exiled by the enemy, shall include:

a) Being presented with commemorative badge;

b) Being provided with lump-sum subsidies;

c) Medical insurance; convalescense for health recuperation; provision of aid devices, orthopaedic instruments, based on the seriousness of ailment of each person and the capability of the State.

2. When revolutionary activists or resistance war activists, who were imprisoned or exiled by the enemy, die, the funeral organizers shall be provided with funeral costs.

Section 10

 PARTICIPANTS IN RESISTANCE WARS FOR NATIONAL LIBERATION, DEFENSE OF FATHERLAND AND PERFORMANCE OF INTERNATIONAL DUTIES

Article 30. Participants in resistance wars for national salvation, defense of the Fatherland and performance of international duties, who are entitled to enjoy the preferential regimes defined in Article 31 of this Ordinance, are those who have participated in resistance wars and been awarded the Resistance War Order and/or Resistance War Medal by the State.

Article 31. The preferential regimes for participants in resistance wars for national liberation, defense of the Fatherland and performance of international duties shall include:

1. Lump-sum subsidies;

2. Medical insurance;

3. When participants in resistance wars for national liberation, defense of the Fatherland and performance of international duties die, the funeral organizers shall be provided with funeral costs.

Section 11

 PERSONS WITH MERITS OF RENDERING ASSISTANCE TO REVOLUTION

Article 32. Persons with merits of rendering assistance to the revolution in hard and dangerous time shall include:

1. Persons awarded the “To Quoc Ghi Cong” (The Fatherland Acknowledges the Merits) commemorative badge or the “Co Cong Voi Nuoc” (With Meritorious Services to the Country) diploma;

2. Members of the families which were awarded the “To Quoc Ghi Cong” commemorative badge or the “Co Cong Voi Nuoc” diploma before the August 1945 Revolution;

3. Persons awarded the Resistance War Order or Resistance War Medal;

4. Members of the families which were awarded the Resistance War Order or Medal.

Article 33.

1. Persons with merits of rendering assistance to the revolution, who were awarded the “To Quoc Ghi Cong” commemorative badge or the “Co Cong Voi Nuoc” diploma and persons with merits of rendering assistance to the revolution in families which were awarded the “To Quoc Ghi Cong” commemorative badge or the “Co Cong Voi Nuoc” diploma shall be entitled to enjoy the monthly subsidies and other preferential regimes like the war martyrs’ next of kin provided for in this Ordinance.

2. Persons with merits of rendering assistance to the revolution, who were awarded the Resistance War Order and persons with merits of rendering assistance to the revolution in families which were awarded the Resistance War Order shall be entitled to monthly subsidies; the State shall buy medical insurance for them; when they die, the funeral organizers shall enjoy a sum of subsidy and the funeral costs.

3. Persons with merits of rendering assistance to the revolution, who were awarded the Resistance War Medal and persons with merits of rendering assistance to the revolution in families which were awarded the Resistance War Medal shall enjoy lump-sum subsidies; the State shall buy medical insurance for them; when they die, the funeral organizers shall be given the funeral costs.

4. The Government shall specify the conditions for enjoying the preferences applicable to persons with merits of rendering assistance to the revolution in families awarded the “To Quoc Ghi Cong” commemorative badge, the “Co Cong Voi Nuoc” diploma, the Resistance War Order or the Resistance War Medal.

5. Persons recognized and enjoying the preferential regimes defined in Article 9, Article 10 or Article 30 shall not be governed by this Article.

Chapter III

RESPONSIBILITIES OF AGENCIES PERFORMING THE STATE MANAGEMENT OVER PREFERENCES FOR PERSONS WITH MERITORIOUS SERVICES TO THE REVOLUTION

Article 34.

1. The Government performs the unified management of preferences for persons with meritorious services to the revolution.

2. The Ministry of Labor, War Invalids and Social Affairs is answerable to the Government for performing the state management over preferences for persons with meritorious services to the revolution.

3. The concerned ministries and branches shall, within the scope of their respective tasks and powers, have the responsibility to perform the state management over preferences for persons with meritorious services to the revolution.

4. The People’s Committees of all levels shall perform the state management over preferences for persons with meritorious services to the revolution in their respective localities; the local Labor, War Invalids and Social Affairs Offices shall assist the People’s Committees of the same levels in performing the state management over preferences for persons with meritorious services to the revolution in their localities.

Article 35. The Ministry of Defense, the Ministry of Public Security shall guide, direct and organize the implementation of preferential policies and regimes for persons with meritorious services to the revolution, who are under the direct management of the Ministry of Defense or the Ministry of Public Security in accordance with the provisions of this Ordinance.

Article 36. The Ministry of Finance shall ensure budget, guide and inspect the use of budget for implementation of  the preferential regimes for persons with meritorious services to the revolution; guide, direct and organize the implementation of tax exemption or reduction for persons with meritorious services to the revolution and provide supports in material foundations, capital sources for production and/or business establishments, vocational-training schools and classes for war invalids and diseased soldiers.

Article 37. The Ministry of Construction shall implement the preferential regimes with supports for housing improvement for persons with meritorious services to the revolution under the provisions of this Ordinance, suitable to the capability of the State and localities.

Article 38. The Ministry of Natural Resources and Environment shall guide the implementation of preferential regimes for land users being persons with meritorious services to the revolution; land reserved for works acknowledging war martyrs’ merits, production and/or business establishments of war invalids and/or diseased soldiers, establishments nurturing, providing convalescense, orthopaedics, functional rehabilitation for war invalids, diseased soldiers and other persons with meritorious services to the revolution.

Article 39. The Ministry of Agriculture and Rural Development shall guide the implementation of regimes of priority and preference in agricultural, forestry and fishery production and business or salt-making in form of priority assistance in plant varieties, animal breeds, irrigation charges, agricultural and forest product processing, scientific and technological application to production; preferences in agricultural, forestry, fishery and salt-making promotion and development of rural production and business lines for persons with meritorious services to the revolution.

Article 40. The Ministry of Health shall guide conditions, criteria, professional  and technical regulations to ensure the health care and protection, medical insurance for persons with meritorious services to the revolution.

Article 41. The Ministry of Education and Training, the Ministry of Labor, War Invalids and Social Affairs shall guide the implementation of regimes of priority and preference for persons with meritorious services to the revolution and their children who are enrolled at educational, training, vocational-training establishments in the national education system.

Chapter IV

COMPLAINTS, DENUNCIATIONS AND HANDLING OF VIOLATIONS

Article 42.

1. Organizations and individuals shall have the right to complain about, and individuals shall have the right to denounce acts of violating the provisions of this Ordinance according to the provisions of law.

2. Competent agencies, organizations, individuals have the responsibility to settle complaints and denunciations and handle violations of preferential policies and regimes for persons with meritorious services to the revolution according to the provisions of law.

Article 43.

1. Those who forge papers in order to enjoy the regime of preferences for persons with meritorious service to the revolution shall be suspended from enjoying the preferences and must return the money amounts they have received; be administratively sanctioned or examined for penal liability, depending on the nature and seriousness of their violations.

2. Those who make false declarations in papers in order to additionally enjoy the preferential regimes applicable to persons with meritorious services to the revolution shall be suspended from enjoying the preferences and must return the money amounts they have received from false declaration; be administratively sanctioned or examined for penal liability, depending on the nature and seriousness of their violations.

3. Those who give untruthful certification or forge papers for other persons, those who abuse their positions and powers or show irresponsibility, thus causing damage to the interests of the State, the interests of persons with meritorious services to the revolution, shall, depending on the nature and seriousness of their violations, be disciplined, administratively sanctioned or examined for penal liability; if causing damage, they must pay compensations therefor according to the provisions of law.

4. Those who violate the regulations on management and use of funds for implementation of the preferential regimes for persons with meritorious services to the revolution shall, depending on the nature and seriousness of their violations, be disciplined, administratively sanctioned or examined for penal liability; if causing damage, they must pay compensations therefor according to the provisions of law.

5. Those who take advantage of the regimes of preference for persons with meritorious services to the revolution to violate law shall, depending on the nature and seriousness of their violations, be sanctioned for administrative violations or examined for penal liability.

Article 44.

1. Persons with meritorious services to the revolution, who are enjoying preferences but commit crimes of infringing upon the national security and have been subject to imprisonment sentence but not the suspension sentence, shall be suspended from enjoying the preferences while serving the imprisonment sentence.

2. Persons with meritorious services to the revolution, who are enjoying preferences but commit crimes against the national security or other crimes and have been sentenced to life imprisonment, shall be suspended for good from enjoying preferences as from the date the judgments take legal effect.

3. Persons with meritorious services to the revolution, who are enjoying preferences but leave the country illegally, shall be suspended from enjoying the preferences while residing overseas.

4. Persons with meritorious services to the revolution, who are enjoying preferences but listed as missing, shall be suspended from enjoying the preferences.

Article 45. The decision on stoppage and suspension from enjoying preferences, the decision on return of money amounts defined in Articles 43 and 44 of this Ordinance shall comply with the regulations of the Government.

Chapter V

IMPLEMENTATION PROVISIONS

Article 46. This Ordinance takes effect as of October 1, 2005.

This Ordinance shall replace the August 29, 1994 Ordinance on preferences for revolutionary activists, war martyrs and their families, war invalids, diseased soldiers, resistance war activists, persons with merits of rendering assistance to the resolution; the February 14, 2000 Ordinance amending Article 21 of the Ordinance on preferences for revolutionary activists, war martyrs and their families, war invalids, diseased soldiers, resistance war activists, persons with merits of rendering assistance to the revolution; the October 4, 2002 Ordinance amending Article 22 and Article 23 of the Ordinance on preferences for revolutionary activists, war martyrs and their families, war invalids, diseased soldiers, resistance war activists, persons with merits of rendering assistance to the revolution.

Article 47. The preferential regimes defined in this Ordinance shall apply to persons with meritorious services to the revolution who are enjoying the regimes before this Ordinance takes effect and the persons continued to be considered for recognition after this Ordinance takes effect.

Article 48. The Government shall detail and guide the implementation of this Ordinance.