State Audit recommends reviewing and adjusting many policies on incentives for people with meritorious services.

Confusion and difficulty in implementation due to lack of consistent regulations

In 2024, the State Audit will conduct a thematic audit of the entire sector on the management and use of funds to implement preferential policies for employees in the 2021-2023 period, conducting audits at the Ministry of Labor, War Invalids and Social Affairs (MOLISA) and provinces and cities including Hanoi , Ho Chi Minh City, Ha Tinh, Quang Ngai, Phu Tho, Ben Tre, Nam Dinh, Thai Binh, Gia Lai.

The audit results show that legal documents on preferential treatment for service providers have not fully defined the beneficiaries of preferential treatment according to actual situations or have not consistently defined the Ordinance and guiding Decrees, so localities have encountered difficulties in the process of resolving preferential treatment for service providers.

These shortcomings have led to the Department of Labor, Invalids and Social Affairs (under the Ministry of Labor, Invalids and Social Affairs, now dissolved; the Department of Labor, Invalids and Social Affairs has been transferred to the Ministry of Home Affairs ) also having difficulty in guiding and responding to localities due to the lack of adequate legal basis.

Specifically, the Government 's Decrees were issued later than the effective date of the NCC Incentive Ordinance, so localities have not had timely guidance documents on procedures, records, forms, and time of enjoyment... for each beneficiary or beneficiaries with the same preferential regime but enjoying it at different times.

Some subjects have actually contributed to the revolution but according to the provisions of Decree No. 02/2020/UBTVQH14, they have not enjoyed preferential treatment for NCC or relatives of people affected by third-generation toxic chemicals of resistance fighters affected by toxic chemicals are not currently enjoying the policy regime as required in Directive No. 14-CT/TW dated July 19, 2017 of the Secretariat.

The audit team also pointed out the reality that people who helped the revolution were also awarded the Resistance Medal by the State, participated in helping the revolution in areas sprayed with toxic chemicals, now suffer from diseases, disabilities or have children with deformities or disabilities related to exposure to toxic chemicals or they themselves were imprisoned by the enemy but are not currently enjoying the policies for people who participated in the resistance war and were exposed to toxic chemicals and people who participated in the revolution, resisted, defended the Fatherland, and performed international duties and were imprisoned by the enemy (only enjoying the policies for NCC who helped the revolution).

In addition, the State Audit also pointed out a series of shortcomings in Decree No. 131/2021/ND-CP dated December 30, 2021 of the Government detailing and implementing the Ordinance on preferential treatment for disabled people, leading to difficulties in the implementation process, typically the regulation does not cover all relatives of disabled people according to Ordinance No. 02/2020/UBTVQH14 who are provided with assistive devices, orthopedic devices, rehabilitation devices and equipment.

Regulations on subjects entitled to the foster care regime (Articles 111, 112) and regulations on subjects not entitled to preferential treatment for relatives and related individuals (Article 120) are not yet regulated in Decree No. 02/2020/UBTVQH14.

Regulations on monthly survivor allowance for children of disabled people with severe disabilities or extremely severe disabilities with additional conditions (Clause 4, Article 121) while Ordinance No. 02/2020/UBTVQH only stipulates that relatives of disabled people with severe disabilities or extremely severe disabilities are entitled to monthly survivor allowance and additional survivor allowance for nurturing, and are not consistent with Article 19 of the Law on Persons with Disabilities No. 51/2010/QH12 dated June 17, 2010.

“Additional regulations will reduce the number of beneficiaries of preferential policies for NCC, increase administrative procedures, and generate appraisal costs and time for beneficiaries,” the audit report stated.

On the other hand, Decree No. 131/2021/ND-CP does not clearly stipulate the time of enjoyment for some subjects, leading to difficulties in resolving preferential regimes, affecting the rights of NCC.

Support and incentive policies for suppliers are not yet guaranteed.

In addition to the lack of consistency, leading to confusion in determining the right beneficiaries of incentives for NCC, the audit results show that the regulations related to the level of support and budget for investment in upgrading martyrs' cemeteries; the adjustment of support levels... also have many shortcomings.

This is clearly stated in Decree No. 75/2021/ND-CP dated July 24, 2021 of the Government stipulating the levels of allowances, subsidies and preferential regimes for employees and Decree No. 55/2023/ND-CP dated July 21, 2023 amending and supplementing a number of articles of Decree No. 75/2021/ND-CP.

Accordingly, the Audit Team pointed out that the monthly subsidy level of some subjects is not suitable to the practical situation and needs to be studied, reviewed and adjusted.

Specifically, with the same rate of physical injury, the NCC subjects are lower than the social protection subjects (not to mention the provision of equipment in kind) or there is no match between the wounded and sick soldiers with the same rate of physical injury living at home and in nursing facilities.

In addition, there are some support amounts that are not suitable for reality and the roadmap for increasing the standard level of preferential subsidies and basic salaries over the years. The level of support for providing orthopedic assistive devices and rehabilitation equipment has been implemented since 2018 and has not been adjusted while the standard level of preferential subsidies has increased by 36%...

From a series of shortcomings pointed out, the State Audit Office recommends that the Ministry of Labor, Invalids and Social Affairs preside over and coordinate with localities to review current mechanisms and policies, summarize difficulties and obstacles, and continue to advise competent authorities to perfect the legal system on preferential policies for employees to ensure consistency, synchronization, feasibility, and conformity with the viewpoints, goals, tasks and solutions to effectively implement preferential policies for employees according to Resolution No. 42-NQ/TW of the Central Committee dated November 24, 2023.

In particular, focus on reviewing, synthesizing, reporting to competent authorities for consideration and decision on preferential treatment for a number of subjects identified by the State Audit Office.

In addition, the Ministry of Labor, Invalids and Social Affairs needs to preside over and coordinate with ministries and branches to research and advise the Government to consider and decide on amendments and supplements to Decree No. 75/2021/ND-CP, Decree No. 55/2023/ND-CP dated July 21, 2023 of the Government, and Decree No. 131/2021/ND-CP.

Regarding this issue, in Resolution No. 42-NQ/TW dated November 24, 2023, the Party Central Committee set a goal that by 2030, 100% of meritorious people and families of NCC will have a fairly good standard of living or higher, and will receive comprehensive care in terms of material and spiritual aspects.

Tuong Minh

Source: https://baophapluat.vn/kiem-toan-nha-nuoc-kien-nghi-ra-soat-dieu-chinh-nhieu-chinh-sach-ve-uu-dai-nguoi-co-cong-post548765.html