Nghị định 176-CP năm 1994 thi hành Pháp lệnh Quy định danh hiệu vinh dự Nhà nước "Bà mẹ Việt Nam anh hùng"

DECREE

ON IMPLEMENTATION OF THE ORDINANCE ON STATE-HONORIFIC TITLE "HERO VIETNAMESE MOTHER"

THE GOVERNMENT

Pursuant to the Law on Organization of the Government on the 30th of September, 1992;Proceeding from the Ordinance of State-Honorific Title "Hero Vietnamese Mother" passed on the 29th of August 1994;At the proposal of the Minister of Labor, War Invalids and Social Welfare and he Minister of National Defense,

DECREES:

Article 1.- A Mother who is conferred or posthumously conferred the title "Hero Vietnamese Mother" in accordance with the Ordinance on the State-Honorific title "Hero Vietnamese Mother" is one who made great contributions and sacrifices to the cause of national liberation and defense and the discharge of the nation's international obligations and who falls into one of the following categories:

1. Having two children and her husband or herself being fallen heroes;

2. Heaving only two children, both of them being fallen heroes, or having only one child who is a fallen hero;

3. Having three children or more who are fallen heroes.

4. Having one child being a fallen hero, and her husband and herself being fallen heroes.

The fallen children of the Mother include children who were born to her or legally adopted by her, and whose death was recognized by the Government and were awarded the Certificate of State Recognition.

The Mother, who falls into one of the above-mentioned categories but who has developed mental problems due to the sufferings from the loss of her children and husband, shall still be conferred the title "Hero Vietnamese Mother".

The Mother, who falls into one of the above-mentioned categories and who has other children having served in the enemy ranks, can still be considered for the title "Hero Vietnamese Mother" if she has shown a good political attitude.

The fallen husband covered by this Article is one whose death has already been recognized by the Government through its conferment of the Certificate of State Recognition and whose wife is a "Hero Vietnam Mother" receiving the death allowance from her deceased husband.

Article 2.- The Mother who is conferred with the title "Hero Vietnamese Mother" shall be presented with the "Hero Vietnamese Mother" Certificate and Medal, along with a lump sum of three million VND and the privileges provided for by the "Ordinance on Privileged Treatments of Revolutionary Activists, Fallen Heroes and their Families, War Invalids, Diseased Servicemen, Resistance Activists and Other People with Meritorious Services to the Fatherland".

For a Mother who is posthumously conferred with the title of "Hero Vietnamese Mother", her "Hero Vietnamese Mother" Certificate and Medal and the lump sum of three million VND shall be handed over to the relative who takes care of her worship. The President of the People's Committee in the province or city, where the relative resides shall examine and decide on the hand-over.

Article 3.- The authority and procedures for proposing the conferment or posthumous conferment of the title "Hero Vietnamese Mother" are assigned as follows:

1. The President of the People's Committee of a rural commune or urban ward shall draw up the list of mothers who belong to the categories for conferment or posthumous conferment of the title of "Hero Vietnamese Mother" in his/her locality and report it to the President of the district People's Committee.

The Vietnam Fatherland Front, the Vietnam Women's Union, the Association of War Veterans and other organizations have the duty to assist the Presidents of the People's Committees at the commune and ward level in checking and verifying the proposed list of their localities.

The Presidents of the district People's Committees shall check, verify and make summary reports to the President of the People's Committee of the province or city directly under the Central Government.

2. The Presidents of the district People's Committee of the province or city directly under the Central Government shall draw up the list of proposed "Hero Vietnamese Mothers" from the locality and report it to the Prime Minister (through the State Institute for Emulation and Awards); copies of this report shall also be sent to the Ministry of Labor, War Invalids and Social Welfare and the Ministry of Defense.

3. The State Institute of Emulation and Award shall coordinate with the Ministry of Labor, War Invalids and Social Welfare, the Ministry of Defense and the concerned agencies to assist the Prime Minister to inspect and draw up the list of proposed "Hero Vietnamese Mothers" from provinces and cities directly under the Central Government for approval by the State President.

4. The dossier of proposals on conferment or posthumous conferment of the title of "Hero Vietnamese Mother" from localities shall include:

a. A proposal by the President of the People's Committee of the province or city directly under the Central Government attached with the list of Mothers proposed to be conferred or posthumously conferred the title of "Hero Vietnamese Mother". One copy shall be sent to the State Institute of Emulation and Awards, and another copy to the Ministry of Defense.

b. The curriculum vitae of each of the Mothers compiled by the communal People's Committee, along with the minutes of the verification meetings of the above-said political and social organizations.

Article 4.- The State Institute of Emulation and Awards has the duty to ensure the adequate provision of the "Hero Vietnamese Mother" Certificates and Medals manufactured in accordance with the designs approved by the Prime Minister.

- The Minister of Labor, War Invalids and Social Welfare and the Minister of Defense have the duty to guide and inspect the application of the categories stipulated in Article 1 of this Decree when considering the presentation of the title of "Hero Vietnamese Mother".

- The Ministry of Finance has the duty to ensure the fund for the manufacturing of the Certificates and Medals and for the lump sums to be presented to the "Hero Vietnamese Mothers".

The expenditure on the ceremonies at localities to present the title to the "Hero Vietnamese Mothers" shall be taken from the State Budget; the Minister of Finance shall guide the implementation of this provision in the provinces and cities directly under the Central Government.

Article 5.- The Presidents of the People's Committees in provinces and cities directly under the Central Government are responsible for the solemn but practical organization of these presentation ceremonies for the "Hero Vietnamese Mothers" at their localities.

Article 6.- For mothers who have been awarded the title "Hero Vietnamese Mother" but who later become no longer worth of the title, the President of the People's Committee at the province and city directly under the Central Government shall make detailed and thorough considerations on the basis of the opinions gathered across the local population to report to the Prime Minister for consideration; the Prime Minister shall then present the case to the State President for final decision.

Article 7.- This Decree shall take effect as from the 1st of October, 1994.

The localities shall draw up the lists of mothers to be conferred or posthumously conferred or posthumously conferred the title of "Hero Vietnamese Mother" on the occasion of the 50th founding anniversary of the Vietnam People�s Army on the 22nd of December 1994, and the 50th National Day of the Socialist Republic of Vietnam on the 2nd of September 1995; and subsequently every year on the occasion of the National Day on the 2nd of September.

Article 8.- The Minister of Labor, War Invalids and Social Welfare, the Minister of Defense, the Minister of Finance, the Director of the State Institute of Emulation and Award and the Presidents of the People's Committees in provinces and cities directly under the Central Government are responsible for the implementation of this Decree.

---------------

This document is handled by Dữ Liệu Pháp Luật . Document reference purposes only. Any comments, please send to email: [email protected]