Lack of synchronous regulations
In 2024, the State Audit will conduct a thematic audit of the entire matter of management and use of funds to implement NCC preferential policies for the period 2021-2023, conducted an audit at the Ministry of Labor, War Invalids and Social Affairs 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 the legal documents on the incentive of the NCC have not fully stipulate the beneficiaries of the preferential regime according to the arising or uniformly regulated between the Ordinance and the guiding decrees, so the localities have problems in the process of resolving preferential regimes for NCC. These inadequacies led to the Department of NCC (under the Ministry of Labor, War Invalids and Social Affairs - Labor, Invalids and Social Affairs.
Specifically, the Government's Decrees were issued later than when the NCC Incentive Ordinance took effect, so localities have not yet issued timely documents guiding the procedures, records, forms, and time of enjoyment, etc. for each beneficiary or beneficiaries with the same incentive regime but enjoyed at different times.
Some subjects who have actually contributed to the revolution but according to the provisions of Decree No. 02/2020/UBTVQH14, are not entitled to the NCC incentive or are relatives of people affected by third-generation chemical toxins of resistance participants affected by chemical toxins and are not currently entitled to the policy as required in Directive No. 14-CT/TW dated July 19, 2017 of the Secretariat.
Doan kiem toan cung chi ra thuc trang: Nguoi dan giup do cach mang cung duoc Nha nuoc tang thuong Huan, Huy chuong khang chien, tham gia giup do cach mang trong vung bi rai chat doc hoa hoc, nay mac cac benh, tat hoac co con de bi di dang, di tat lien quan den phoi nhiem voi chat doc hoa hoc hoac ban than ho bi dich bat tu day nhung hien chua duoc huong che do chinh sach doi voi nguoi hoat dong khang chien bi nhiem chat doc hoa hoc va nguoi hoat dong cach mang, khang chien, bao ve To quoc, lam nghia The international case was imprisoned by the enemy (only enjoying the regime for NCC to help the revolution).
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 measures to implement the NCC Preferential Order, leading to difficulties in the implementation process. For example, the regulation does not fully cover the subjects related to NCC according to Decree No. 02/2020/UBTVQH14, who are provided with auxiliary equipment, corrective equipment, means, and rehabilitation equipment.
Regulating subjects entitled to child support (Articles 111, 112) and stipulating subjects not subject to preferential treatment for relatives and related individuals (Article 120) but Decree No. 02/2020/UBTVQH14 has not yet stipulated.
Regulating monthly death benefits for children of NCC with severe disabilities and special disabilities with additional conditions (Clause 4, Article 121) while Decree No. 02/2020/UBTVQH only stipulates that NCC relatives with severe disabilities and special disabilities are entitled to monthly death benefits and additional survival benefits and is not in accordance with Article 19 of the Law on People with Disabilities No. 51/2010/QH12 dated June 17, 2010.
The additional regulation will reduce beneficiaries of preferential NCC policies, increase administrative procedures, incur appraisal costs and time for beneficiaries - the audit report clearly stated.
In addition, Decree No. 131/2021/ND-CP has not specifically regulated the settlement dossier, competent authorities have introduced or reviewed and resolved NCC preferential treatment for some cases, and have not instructed the preparation of dossiers to recognize war invalids according to the provisions of Point c, Clause 2, Article 184 of Decree No. 131/2021/ND-CP. The regulation on conditions for moving martyrs' remains to martyrs' cemeteries (Point b, Clause 2, Article 157) is also not in accordance with reality, affecting the implementation process...
This document also does not stipulate the temporary suspension of payment and enjoyment of preferential allowances for NCCs, relatives of NCCs who do not carry out authorization procedures and do not carry out procedures for moving management documents (who have left their place of residence, or even gone abroad after many months of returning to request to enjoy NCC preferential allowances); there are no regulations on the collection of subsidies, allowances and other preferential regimes for cases of war invalids whose benefits are restored after the inspection conclusion, so there are problems in the implementation process.
On the other hand, because Decree No. 131/2021/ND-CP does not clearly stipulate the time of enjoyment for some subjects, it leads to difficulties in resolving preferential regimes, affecting the rights of NCC.
Support and incentive policies for NCC 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 regulations related to the level of support and funding from the budget for investment in upgrading martyrs' cemeteries; the adjustment of the support level... also have many shortcomings.
This is clearly stated in Decree No. 75/2021/ND-CP dated July 24, 2021 of the Government regulating the level of allowances, subsidies and NCC preferential regimes 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 benefit level of some subjects is not suitable for the practical situation, it is necessary to study and review. Specifically: The same rate of physical damage, but NCC subjects are lower than the social protection object (not to mention the allocation of equipment in kind) or not suitable between the objects of war invalids and diseased soldiers with the same rate of body damage living in family and nursing institutions.
In addition, there are some support items that are not suitable for practice and the roadmap to increase the standard level of preferential allowances and basic salary over the years. The level of support for providing support for assisting in providing tools for chinh suament and rehabilitation is still implemented from 2018 to present and has not been adjusted while the standard level of preferential allowances has increased by 36%;
Similarly, Clause 2, Article 11 of Decree No. 75/2021/ND-CP has not yet established a principle for financial support (regular) for the renovation, upgrading, repair and maintenance of martyrs' cemeteries. This leads to some localities self-balancing their budgets still being allocated with higher support levels or support rates, while some localities have not yet balanced their budgets but are allocated with lower support levels or support rates. Meanwhile, support for the renovation, upgrading, repair and maintenance of martyrs' monuments, martyrs' shrines, and stele houses bearing martyrs' names (according to Clause 3, Article 11 of Decree No. 75/2021/ND-CP) stipulates "not supporting localities to balance their budgets; Supporting up to 50% of the total value of works approved by competent authorities for localities with a central budget regulation ratio...".
Clause 10, Article 13 of Decree No. 75/2021/ND-CP stipulates: Supporting facilities for nutrition, nursing, and receiving NCC from local authorized funding sources (regular expenditure), while according to the provisions of Clause 12, Article 3 and Article 9 of Resolution No. 973/2020/UBTVQH14, the principles, criteria, and norms for allocating public investment capital of localities for "investment projects in construction, renovation, upgrading of infrastructure, facilities, purchasing equipment of nursing, rehabilitation, and NCC nutrition facilities" under the sector and field using public investment capital from the state budget in the period of 2021-2025.
However, the Provincial People's Committee has not yet consulted with the Ministry of Labor, Invalids and Social Affairs (now the Ministry of Home Affairs) before approving the investment policy to ensure reasonable funding allocation and avoid overlap.
From a series of shortcomings pointed out, the State Audit recommends that the Ministry of Labor, Invalids and Social Affairs (now the Ministry of Home Affairs) preside over and coordinate with localities to review current mechanisms and policies, synthesize difficulties and obstacles, continue to advise competent authorities to perfect the legal system on NCC incentive policies to ensure unity, synchronization, feasibility, in accordance with viewpoints, goals, tasks and solutions to effectively implement NCC incentive policies according to Resolution No. 42-NQ/TW of the Central Executive Committee dated November 24, 2023. In particular, focusing on reviewing, synthesizing, reporting to competent authorities for consideration and decision on preferential regimes for a number of subjects that have been designated by the State Audit.
In addition, the Ministry of Labor, Invalids and Social Affairs (now the Ministry of Home Affairs) needs to preside over and coordinate with ministries and branches to study and advise the Government to consider and decide to amend and supplement Decree No. 75/2021/ND-CP, Decree No. 55/2023/ND-CP dated July 21, 2023 of the Government, 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: By 2030, 100% of meritorious people and NCC families will have an average living standard or better, with comprehensive care in material and spiritual aspects.
SAV also proposed the Ministry of Labor, War Invalids and Social Affairs (now the Ministry of Home Affairs) to rectify and learn from experience in advising the Government and the Prime Minister a number of documents behind schedule: Decree guidelines for the Ordinance No. 02/2020/UBTVQH14 have not promptly, not at the same time, the Ordinance of the Ordinance leads to not guaranteeing the provisions of Clause 2, Article 11 of Law No. 80/2015/QH13 on June 22, 2015; The Prime Minister's decision approves the planning of the NCC NCC nurturing and nursing system for the period of 2021-2030, with a vision to 2050.
