Chapter IV
REGIME OF SUPPORTS FOR PERSONS SUFFERING LOSS OF LIVES OR HEALTH DAMAGE
Article 11.- Supports for health damage sufferers
Supports for health damage sufferers shall cover:
1. Reasonable expenses for cure and treatment, fostering, restoration of health, rehabilitation of lost or reduced functions of damage sufferers.
2. In cases where the damage sufferers' incomes are lost, reduced, unstable due to their injuries or health damage, which cannot be determined, the minimum wage level set by the State shall apply to provide supports.
Article 12.- Competence to decide on supports for health damage sufferers
1. Specialized national security protection agencies shall have to consider and decide on the provision of supports for health damage sufferers under their respective management. Where the cases or matters are detected by other agencies or organizations, such agencies or organizations shall have to transfer to the concerned specialized national security protection agencies all documents relating to the incidents that cause the damage for considering and deciding on the provision of supports.
2. District-level People's Committees or provincial-level People's Committees shall have to consider and decide on the provision of supports for health damage sufferers residing in their respective localities at the proposal of specialized national security protection agencies (for cases where the damage sufferers are not managed by specialized national security protection agencies).
3. The health damage sufferers shall be considered for lump-sum supports in cash under decisions of competent persons defined in Article 10 of this Decree; the support level shall cover the expenses specified in Article 11 of this Decree but shall not exceed VND 50,000,000 (fifty million) for a case.
4. Where health damage sufferers have lost their working capacity, the Ministry of Public Security, the Ministry of Defense, the provincial-level People's Committees shall propose the implementation of regular support regime. The Ministry of Labor, War Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Finance in, guiding the implementation of this provision.
Article 13.- Supports for persons suffering the loss of lives
The lump-sum support for persons suffering the loss of lives shall cover:
1. Reasonable expenses for cure and treatment, fostering, tending of sufferers before they die.
2. Reasonable expenses for funeral.
3. Supports for their families or lawful representatives.
Article 14.- Competence to decide on supports for cases of persons who have lost their lives
1. At the proposal of the heads of specialized national security protection agencies, directors of provincial/municipal Services of Labor, War Invalids and Social Affairs of the localities where persons suffering the loss of lives reside shall consider and provide supports of no more than VND 10,000,000 (ten million) for a case.
2. At the proposal of the Minister of Public Security or the Minister of Defense, the Minister of Labor, War Invalids and Social Affairs shall decide to provide supports of between VND 10,000,000 (ten million) or more, but not more than VND 60,000,000 (sixty million) for a case.
Article 15.- Procedures for provision of supports for persons suffering health damage or loss of lives
1. Persons suffering health damage, families of persons suffering the loss of lives due to participation in national security protection or their lawful representatives shall have the right to request personally or send their applications to the specialized national security protection agencies of the localities where they reside to request supports. The requests must clearly present contents of the incidents which have caused the damage, the injuries, health damage, loss of lives, enclosed with papers, invoices evidencing the expenses, the death certificates in case of death, and other relevant papers for use as grounds for responsible agencies to consider and decide on supports. In case of necessity to supplement documents used as grounds for considering, deciding on supports, the request-receiving agencies shall have to guide the damage sufferers to gather, supply, supplement documents or gather, supplement documents by themselves.
2. Within 15 days after receiving personal requests or applications of request for supports of health damage sufferers or families of persons suffering the loss of lives due to participation in national security protection or their lawful representatives, the specialized national security protection agencies shall have to settle them as follows:
a/ Considering, deciding on or proposing competent superior authorities to consider and decide on the provision of supports for health damage sufferers under their direct management;
b/ Transferring the requests or applications and other relevant papers (if any) to the specialized national security protection agencies which manage the health damage sufferers for considering and deciding on supports;
c/ Considering, concluding on and proposing the district-level or provincial-level People's Committees of the localities where the health damage sufferers reside to consider and decide on damage compensations (for cases where the health damage sufferers are not managed by specialized national security protection agencies);
d/ Gathering documents, investigating for verification, concluding on or transferring the cases to the specialized national security protection agencies which directly manage the persons suffering the loss of lives for verification and conclusion and proposing the provincial/municipal Services of Labor, War Invalids and Social Affairs to consider and decide on supports;
e/ Specialized national security protection agencies which receive the requests shall have to notify the support requesters of the handling thereof according to the provisions of Points a, b, c and d, Clause 2 of this Article. If deeming that there are not enough grounds for provision of supports for damage sufferers, they must notify such damage sufferers in writing of the reasons therefor.
3. Where the support level for persons suffering the loss of lives or health damage is VND 10,000,000 (ten million) or more, the heads of the agencies responsible for providing supports shall set up Advisory Councils to consider and decide thereon. An Advisory Council shall be composed of the head of the agency responsible for deciding on supports as its president, the representative of the local administration or the specialized national security protection agency, the representatives of the finance body, the health body, the labor, war invalids and social affairs office.
The heath damage sufferers, the families of the persons suffering the loss of lives or their lawful representatives shall be invited to attend meetings of the Advisory Councils to present their opinions which shall be recorded in minutes of the meetings.
The Advisory Councils shall have to assess the extent of health damage, the loss of lives. The damage assessment shall be based on conclusions of medical expertise, mental examination conclusion, injury examination conclusion, other relevant papers and documents and regulations of competent bodies on injury norms to assess damage and propose the support levels. The Advisory Councils shall discuss and make conclusions by majority; the minutes of meetings of the Advisory Councils shall serve as documents for the heads of competent agencies defined in Clauses 4 and 5, Article 10 or Clause 2, Article 14 of this Decree to decide on the support levels.
Tìm kiếm
Nghị định 16/2006/NĐ-CP về việc khôi phục danh dự, đền bù, trợ cấp cho cơ quan, tổ chức, cá nhân bị thiệt hại do tham gia bảo vệ an ninh quốc gia (Bản Word)
Nghị định 16/2006/NĐ-CP về việc khôi phục danh dự, đền bù, trợ cấp cho cơ quan, tổ chức, cá nhân bị thiệt hại do tham gia bảo vệ an ninh quốc gia (Bản Pdf)