Chương 1 Pháp lệnh ưu đãi người có công với cách mạng năm 2005: Những quy định chung

Chapter 1:

GENERAL PROVISIONS

Article 1

This Ordinance provides for regulated entities, scope, conditions, standards and preferential treatment given to people with meritorious services to the revolution and their families; responsibilities for providing preferential treatment for people with meritorious services to the revolution and families thereof of agencies, organizations and individuals.

Article 2

Persons eligible to be entitled to preferential treatment specified herein include the following:

1. People with meritorious services to the revolution, including:

a) Participants in revolutions before January 01, 1945;

b) Participants in revolutions from January 01, 1945 to before the August General Uprising;

c) Revolutionary martyrs;

d) Persons awarded the “Bà mẹ Việt Nam anh hùng” title;

dd) Persons awarded the “Anh hùng Lực lượng vũ trang nhân dân” title, “Anh hùng Lao động” title;

e) War invalids and persons entitled to incentive policies like war invalids;

g) Sick soldiers;

h) Resistance members infected with toxic chemicals;

i) Participants in revolutions or resistance wars who had been imprisoned or exiled by the enemy;

k) Participants in resistance, national defense and fulfillment of international duties;

l) Contributors to the revolution;

2. Families of people with meritorious services to the revolution specified in Clause 1 this Article.

Article 3

1. Preferential treatment given to people with meritorious services to the revolution and their families shall be adjusted to be suitable for socio-economic conditions of the country in each period.

2. The State shall allocate annual budget for provision of preferential treatment for people with meritorious services to the revolution and their families.

Article 4

People with meritorious services to the revolution and their families shall receive care and help from the State and community and shall be given the following preferential treatment depending on each specific case:

1. Provision of monthly benefits and monthly allowances and one off benefits

The Government shall specify the amount of monthly benefits and monthly allowances given to people with meritorious services to the revolution and their families to ensure such benefit and allowance amounts are equal to the average spending of the society.

2. Other preferential treatments

Article 5

1. Regulatory agencies, Vietnamese Fatherland Front and affiliated entities thereof, economic organizations, social organizations, people's armed forces and individuals shall take responsibility to promote, care and help people with meritorious services to the revolution and their families in multiple forms by practical activities.

2. The Vietnamese Fatherland Front and its affiliated organizations shall supervise the implementation and send proposal of full provision of preferential treatment specified herein to the competent regulatory agencies.

Article 6

1. The Gratitude Fund shall be established in central authority, centrally-affiliated provinces and cities; provincially-affiliated districts; communes, commune-level towns by contributions as required or voluntary contributions by organizations and individuals.

2. The Vietnamese Fatherland Front shall preside over establishment of the Gratitude Fund.

3. The Government shall specify mechanism for management and use of the Gratitude Fund.

Article 7

1. Persons satisfying 2 or more than 2 standards specified in Clause 1 Article 2 shall be entitled to separate benefits and allowances intended for each beneficiary and other preferential treatment based upon the benefit standard for one beneficiary, unless otherwise prescribed in Clause 5 Article 10 and Clause 5 Article 33 hereof.

2. If people with meritorious services to the revolution who participate in the social insurance program die, their family shall enjoy social insurance benefits; in case the death benefit paid by social insurance is lower than that included in the preferential program for people with meritorious services to the revolution, such family shall also receive the difference paid by state budget.

Article 8

Prohibited acts include:

1. Falsification of documents for claiming preferential treatment given to people with meritorious services to the revolution;

2. Abuse of title and power to violate the regulations or cause harm to the State’s interest and benefits of people with meritorious services to the revolution;

3. Violation against principles for management and use of funding for provision of preferential treatment for people with meritorious services to the revolution and the Gratitude Fund;

4. Violation against law provisions by taking advantage of preferential programs intended for people with meritorious services to the revolution.