New proposal on conditions and standards for recognizing martyrs and preferential treatment for people with meritorious services

According to the Ministry of Home Affairs , Decree No. 131/2021/ND-CP of the Government detailing and implementing measures for the Ordinance on Preferential Treatment of People with Meritorious Services to the Revolution, effective from February 15, 2022, has institutionalized the Party's guidelines and policies on the work of people with meritorious services to the revolution, serving as a legal basis for authorities at all levels to organize the implementation of the confirmation and recognition of people with meritorious services and care for the material and spiritual life of people with meritorious services and their relatives.

However, after nearly 4 years of implementation, based on the preliminary report on the implementation of Decree No. 131/2021/ND-CP of localities, a number of shortcomings and difficulties have been revealed in the work of confirming and implementing preferential policies for people with meritorious services and their relatives. In particular, a number of regulations on recognizing and implementing preferential policies for people with meritorious services to the revolution are not suitable, causing difficulties in implementation. At the same time, a number of current regulations are both redundant and insufficient in implementing preferential policies in the fields of other ministries and branches such as: land, tax exemption and reduction, exemption and reduction of land use fees, etc. and Decree No. 131/2021/ND-CP also has a number of technical errors that need to be corrected and improved.

In addition, from July 1, 2025, the whole country will complete the model of state apparatus organization in the direction of two-level local government, leading to a number of related contents in the implementation of policies and preferential regimes for people with meritorious services that need to be revised, supplemented and issued uniformly.

In order to meet practical requirements, especially in the context of current conditions in localities with significant changes in personnel working for meritorious people, new requirements in promoting the development of science , technology, innovation and digital transformation, ensuring the operation of e-government, synchronously implementing shared databases and specialized databases to ensure that preferential policies for meritorious people are clearly defined, easy to understand and applied consistently, it is necessary to have a document that consolidates content, amends, supplements and adjusts synchronously and feasiblely to replace Decree No. 131/2021/ND-CP, in accordance with the amended, supplemented, eliminated, decentralized and reduced administrative procedures regulations.

Supplementing conditions for recognizing martyrs and war invalids in cases of performing dangerous national defense and security tasks

The Draft Decree consists of 08 chapters and 196 articles, with many notable new points related to the conditions and standards for recognizing martyrs and preferential treatment for people with meritorious services. Specifically as follows:

Regarding the conditions and standards for recognizing meritorious people , the draft Decree amends and supplements Articles 14 and 34 of Decree No. 131/2021/ND-CP on the conditions for recognizing martyrs and war invalids in cases of performing dangerous national defense and security tasks when building border lines, performing secret tasks, performing tasks of preventing and arresting subjects who commit acts dangerous to society, after which the subjects are handled according to the provisions of criminal law.

At the same time, amend and supplement a number of regulations in the dossier for requesting recognition of martyrs, war invalids, and beneficiaries of martyr worship allowances in Articles 16, 17, 18, 19, 20, 28, 36, 37, 39, 41, 42.

Supplementing regulations on settlement of monthly death benefits

Regarding the settlement of preferential regimes , in Article 101 of Decree No. 131/2021/ND-CP, the draft Decree amends and supplements the procedures for settling preferential regimes in education and training for meritorious people's records being managed by military and police agencies; supplements missing procedural steps to ensure the settlement of regimes according to regulations.

The Draft Decree also amends and supplements Article 130 of Decree No. 131/2021/ND-CP regulating the settlement of monthly death benefits for relatives of meritorious people who died before July 1, 2021, in order to resolve problems in current regulations and ensure full coverage, inheritance and fairness in policy implementation. Accordingly, the amended and supplemented regulations are divided into 2 stages, including: (i) meritorious people who died before January 1, 2013 supplement and fully inherit the regulations in Decree No. 31/2013/ND-CP dated April 9, 2013 of the Government and have been stably implemented; (ii) supplementing regulations for cases of meritorious people who died from January 1, 2013 to before July 1, 2021.

At the same time, amend and supplement Articles 126, 129, 130 of Decree No. 131/2021/ND-CP regulating the conditions for receiving monthly survivor allowance for children with disabilities or extremely severe disabilities. Accordingly, ensure the standard conditions in accordance with the provisions of the Ordinance, do not add additional provisions that narrow the scope of subjects.

In addition, the draft Decree separates the provisions on considering and resolving the regime of war invalids who are also sick soldiers and the enjoyment of additional war invalid benefits for those who are enjoying the regime of loss of working capacity or the enjoyment of additional labor loss benefits for those who are enjoying the regime of war invalids (in Articles 45 and 55). This amendment and supplement aims to ensure the implementation of clear and easy-to-understand policies, without creating inconsistent interpretations and application of the law among localities.

In the draft Decree, the Ministry of Home Affairs proposed decentralization so that the Ministry of National Defense and the Ministry of Public Security can directly submit to the Prime Minister for recognition of martyrs and issuance of Certificates of National Merit.

According to baochinhphu.vn

Source: https://baocamau.vn/de-xuat-moi-ve-dieu-kien-tieu-chuan-cong-nhan-liet-si-va-che-do-uu-dai-nguoi-co-cong-a123786.html