Bản dịch văn bản 27/2005/PL-UBTVQH11
phap-lenh-27-2005-pl-ubtvqh11
Cơ quan ban hành: Uỷ ban Thường vụ Quốc hội
Ngày ban hành: 2005-10-07

WAR VETERAN ORDINANCE 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; Pursuant to Resolution No. 35/2004/QH11 of November 25, 2004, of the XIth National Assembly, the 6th session, on the 2005 law- and ordinance-making program; This Ordinance provides for war veterans and War Veterans' Association. Chapter I GENERAL PROVISIONS Article 1.- Subjects of application This Ordinance shall apply to war veterans, the War Veterans' Association of Vietnam, agencies, organizations, units and all citizens. Article 2.- War veterans War veterans mean citizens of the Socialist Republic of Vietnam, who joined armed units fighting foreign aggressors for national liberation, performing international duties, building and defending the Fatherland and have retired, have been demobilized and transferred to work as civil servants, been demobilized or discharged from the army, including: 1. Officers and men who had joined armed units organized by the Communist Party of Vietnam before the 1945 August Revolution; 2. Officers and men of the Vietnam People's Army, who were personnel of the regular army, the local army, the border-guard force or the special task force, having participated in resistance wars against foreign aggression for national defense or performed international duties; 3. Officers and men of the militia, self-defense or guerilla force, members of armed groups working in regions temporarily occupied by the enemy, who were engaged in fighting against foreign aggression for national defense; 4. Defense workers and personnel, who were engaged in combat, service of combat against foreign aggression for national defense; 5. Officers and men of the Vietnam People's Army, militia or self-defense personnel engaged in combat or directly in service of combat, professional army officers and men who have fulfilled their duties in the period of national construction and defense. The State and people greatly treasure, acknowledge and highly value the great sacrifices and devotions of war veterans in the resistance wars against foreign aggression for national liberation, performance of international duties and national construction and defense. Article 3.- Vietnam War Veterans' Association Vietnam War Veterans' Association is a socio-political organization in the political system led by the Communist Party of Vietnam, represents the will and aspirations of war veterans, constitutes a political foundation of the people's administration and is a member of Vietnam Fatherland Front. Article 4.- Traditional day of war veterans December 6 is the traditional day of war veterans. Article 5.- Prohibited acts 1. Abusing the name and/or prestige of war veterans and/or Vietnam War Veterans' Association to commit acts of law violation. 2. Obstructing lawful activities of war veterans and Vietnam War Veterans' Association. 3. Infringing upon the health, life, honor, dignity, legitimate rights and interests of war veterans. Chapter II WAR VETERANS Article 6.- Policies toward war veterans 1. The State shall adopt policies to care for the material and spiritual life of war veterans; rally, mobilize and bring to full play the potentials of war veterans, create conditions for war veterans to continue promoting the "Uncle Ho's soldiers" nature and tradition and to actively participate in the cause of building and defending the socialist Fatherland of Vietnam. 2. The State shall encourage domestic and foreign organizations and individuals to provide investment supports for the construction of treatment and health convalescence centers and for activities to show gratitude towards war veterans. 3. In each period, the State shall promulgate specific policies and regimes for war veterans in suitability to the socio-economic situation of the country. Article 7.- Interests of war veterans 1. War veterans are persons with meritorious services to the revolution and are entitled to enjoy the preferential regimes under the provisions of law on preferential treatment of people with meritorious services to the revolution and other relevant provisions of law. 2. War veterans shall be given priority in employment, allocation of land, forests and/or water surface for production and business activities and participation in socio-economic development projects under the Government's regulations. 3. Poor war veterans shall be given priority in borrowing capital from the policy bank, capital from other preferential sources for production and business, aiming to eradicate hunger and alleviate poverty, shall be granted medical insurance cards and enjoy other policies for the poor. 4. Those war veterans who have retired from working, live lonely without anyone to support, have no income sources shall be admitted and cared for by the State and the society in social relief centers. 5. When war veterans die, the local administrations, military offices and mass organizations shall coordinate with Vietnam War Veterans' Association and their families in organizing their funerals and providing funeral expenses under the Government's regulations. 6. War veterans are entitled to join Vietnam War Veterans' Association, the War Veterans Liaison Boards according to the Association's Charter and the provisions of law. Article 8.- Obligations of war veterans 1. War veterans must bring into play the revolutionary traditions, be loyal to the Communist Party of Vietnam, to the socialist Vietnamese Fatherland; and participate in protecting the national independence, sovereignty, unification and territorial integrity, national security and national interests. 2. War veterans must be exemplary in performing the civic duties, study, propagate and mobilize people and their families to observe guidelines and policies of the Party and laws of the State. 3. War veterans have the responsibility to actively participate in implementing the provisions of law on democracy at the grassroots level, participate in reconciliation, contributing to the building of the great national unity bloc and successful performance of the tasks of building and defending the Fatherland. 4. War veterans have the responsibility to actively participate in socio-economic development, contributing to the firm maintenance of security, social order and safety, the preservation and promotion of the cultural identity of the nation. Chapter III VIETNAM WAR VETERANS' ASSOCIATION Article 9.- Principles on organization and operation of Vietnam War Veterans' Association 1. Vietnam War Veterans' Association is organized on the basis of voluntarism. 2. Vietnam War Veterans' Association operates in accordance with the Party's guidelines and policies, the State's laws and its Charter. Article 10.- Organization of Vietnam War Veterans' Association 1. Vietnam War Veterans' Association is organized from the central to grassroots levels, comprising: a/ The Central Vietnam War Veterans' Association; b/ The provincial/municipal War Veterans' Associations; c/ The War Veterans Associations of rural districts, urban districts, provincial capitals or towns; d/ The War Veterans Associations of communes, wards, district townships. 2. In the State agencies, organizations, units, enterprises, there are appropriate war veterans' organizations operating under the provisions of this Ordinance and the Association's Charter. Article 11.- Tasks of Vietnam War Veterans' Association 1. To participate in building and protecting the Party, the administration and the socialist regime; to struggle against all schemes and activities of sabotage of the hostile forces; to struggle against viewpoints contrary to the Party's guidelines and policies and/or the State's laws; to comply with law provisions on democracy at the grassroots level, struggling against red tape, corruption, waste, social evils; to supervise activities of the state agencies, officials and employees according to the provisions of law. 2. To participate in socio-economic development, defense and security consolidation; to propose to state agencies, local administrations the formation and implementation of policies and laws related to war veterans, War Veterans' Association. 3. To rally, unite and mobilize war veterans to train themselves, preserve their quality, revolutionary virtue, to raise their political aptitude and their knowledge about the Party's guidelines and policies, the State's laws, knowledge about economy, culture, sciences and techniques, to well perform the civic duties; to mobilize the demobilized army men who have fulfilled their military obligations to promote the tradition of "Uncle Ho's soldiers," to join in demobilized army men clubs, liaison boards, the grassroots revolutionary movements. 4. To care for and assist war veterans in raising their material and spiritual life, developing their family economy, eradicating hunger, reducing poverty, getting rich lawfully; to organize gratitude activities for war veterans to help one another in daily life. 5. To protect the legitimate rights and interests of war veterans; to propagate, disseminate, educate in law, to provide legal consultancy and assistance to war veterans. 6. To conduct people's diplomatic activities, contributing to materialization of the external guidelines and policies of the Party and the State. 7. To coordinate with the Ho Chi Minh Communist Youth Union, other member organizations of Vietnam Fatherland Front and military agencies in providing education in the patriotic tradition, revolutionary heroism, the will of self-reliance for self-improvement for the young generations. Article 12.- The assisting apparatus of Vietnam War Veterans' Association Vietnam War Veterans' Association has an assisting apparatus. The organization and payroll of the assisting apparatus of the War Veterans' Associations of different levels shall be prescribed by competent agencies or organizations. Article 13.- Funding, assets of Vietnam War Veterans' Association The operation funding of Vietnam War Veterans' Association shall be allocated by the state budget according to the provisions of law. Vietnam War Veterans' Association are entitled to receive, manage and use according to law provisions assets assigned by the State and assets donated by domestic and foreign organizations as well as individuals. Chapter IV RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS TOWARDS WAR VETERANS AND VIETNAM WAR VETERANS' ASSOCIATION Article 14.- Responsibilities of the Government, ministries, ministerial-level agencies 1. The Government shall, within the scope of its tasks and powers, promulgate or propose the National Assembly or the National Assembly Standing Committee to promulgate legal documents, regimes and policies for war veterans and Vietnam War Veterans' Association and organize the implementation thereof. 2. Ministries and ministerial-level agencies shall, within the scope of their respective tasks and powers, have to coordinate with, and create conditions for, Vietnam War Veterans' Association and war veterans in their activities. Article 15.- Responsibilities of People's Councils, People's Committees People's Councils and People's Committees of all levels shall, within the scope of their respective tasks and powers, have to provide funding for War Veterans' Associations of the same level, care for the material and spiritual life of war veterans, create conditions for Vietnam War Veterans' Association and war veterans to participate in socio-economic development activities according to the provisions of law. Article 16.- Responsibilities of agencies, organizations and units Agencies, organizations and units shall, within the scope of their respective tasks and powers, have to coordinate with, and create conditions for, Vietnam War Veterans' Association and war veterans in their activities. Chapter V IMPLEMENTATION PROVISIONS Article 17.- Implementation effect This Ordinance shall take effect as from January 1, 2006. Article 18.- Implementation detailing and guidance The Government shall detail and guide the implementation of this Ordinance. The Central Committee of Vietnam War Veterans' Association shall, within the scope of its tasks and powers, coordinate with competent state agencies in guiding the implementation of this Ordinance.