Joint Circular No. 05/2010/TTLT-BCA-BLDTBXH-BTC guiding the implementation of Decision No. 53/2010/QD-TTg dated August 20, 2010 on the treatment for police officers who participated in the war against America with less than 20 years of service in the People's Public Security Force and have retired or been discharged back to their home regions.

JOINT CIRCULAR

GUIDELINES FOR IMPLEMENTING DECISION NO. 53/2010/QD-TTg OF THE PRIME MINISTER ON REGULATIONS FOR MEMBERS AND SOLDIERS OF THE PEOPLE'S POLICE WHO PARTICIPATED IN THE RESISTANCE AGAINST THE UNITED STATES WITH LESS THAN 20 YEARS OF SERVICE IN THE PEOPLE'S POLICE AND HAVE RETIRED OR BEEN DISCHARGED TO LOCALITIES

Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;
Pursuant to Decree No. 186/2007/NĐ-CP dated December 25, 2007 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Labour, Invalids and Social Affairs;
Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Finance;
Pursuant to Decision No. 53/2010/QĐ-TTg dated August 20, 2010 of the Prime Minister on regulations for members and soldiers of the People's Police who participated in the resistance against the United States with less than 20 years of service in the People's Police and have retired or been discharged to localities (hereinafter referred to as Decision No. 53/2010/QĐ-TTg);
The Ministry of Public Security, the Ministry of Labour, Invalids and Social Affairs, and the Ministry of Finance hereby provide guidelines as follows:

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of Regulation

These Circulars guide the regulations for members and soldiers of the People's Police who participated in the resistance against the United States from April 30, 1975, or earlier, with less than 20 years of service in the People's Police and have retired or been discharged to localities.

Article 2. Applicability

1. Members and soldiers of the People's Police who participated in the resistance against the United States, joined the People's Police from April 30, 1975, or earlier, with less than 20 years of service in the People's Police and have retired or been discharged to localities, as specified in Article 2 and Clause 1 of Article 8 of Decision No. 53/2010/QĐ-TTg, are the subjects to apply this Circular.

2. Those who fall under the cases specified in Article 3 of Decision No. 53/2010/QĐ-TTg are not the subjects to apply this Circular.

Article 3. Time of Service Eligible for Benefits

1. The period of service entitled to benefits is the actual period of service in the People's Police, calculated from the date of joining the People's Police until retirement or discharge to localities. In case of interruption, it shall be accumulated.

2. Members and soldiers of the People's Police who have served in the People's Army shall have their time of service in the People's Army added to their time of service in the People's Police to calculate benefits according to Clause 1 and Clause 2 of Article 8 of Decision No. 53/2010/QĐ-TTg. Specifically:

a) Members and soldiers of the People's Police who were discharged or retired to localities and had served in the People's Army from April 30, 1975, or earlier, shall have their time of service in the People's Army added to their time of service in the People's Police to implement the benefits stipulated in these Circulars;

b) Those who fall under the provisions of Clause 1 of Article 2 of this Circular and have served in the People's Army but that period has already been implemented according to Decision No. 142/2008/QĐ-TTg dated October 27, 2008 of the Prime Minister on implementing benefits for military personnel who participated in the resistance against the United States with less than 20 years of service in the People's Army and have been discharged to localities, shall not have their time of service in the People's Army added to their time of service in the People's Police to calculate benefits according to these Circulars. If they wish to add their time of service in the People's Army to their time of service in the People's Police to meet the conditions for monthly allowance according to Article 4 of these Circulars, they must return the lump-sum allowance received to the Provincial Public Security Office where they reside. If they are currently receiving monthly allowances according to Clause 1 of Article 2 of Decision No. 142/2008/QĐ-TTg, their time of service in the People's Police will be added to their actual time of service to adjust the current monthly allowance.

3. Those who have received a one-time allowance as stipulated in Point a, Clause 1, Article 1 of Decision No. 290/2005/QĐ-TTg dated November 8, 2005; Clause 2, Article 1 of Decision No. 92/2005/QĐ-TTg dated April 29, 2005 of the Prime Minister, and meet the conditions to switch to monthly allowance, the Provincial Public Security Office where they reside shall prepare a file to request the monthly allowance according to the regulations and notify the Department of Labour, Invalids and Social Affairs to collect the one-time allowance already received into the state budget according to Clause 3, Article 8 of Decision No. 53/2010/QĐ-TTg.

4. Members and soldiers of the People's Police who have retired or been discharged to localities and then worked at communes, wards, towns, and received salaries from the state budget, and participated in mandatory social insurance, if their time of service in the People's Police was counted as time of social insurance contribution to calculate social insurance benefits, shall cease to enjoy benefits under these Circulars.

5. If the period of one-time allowance includes fractional months, less than six months shall be calculated as half a year, and six months to less than twelve months shall be calculated as one year.

Chapter 2.

BENEFITS TO BE ENJOYED

Article 4. Monthly Allowance System

1. The subjects specified in Clause 1 of Article 2 of this Circular shall be entitled to monthly allowance if they fall into one of the following cases:

a) Having worked for at least 15 but less than 20 years in the People's Public Security Force;

b) Having worked for at least 15 but less than 20 years in the People's Public Security Force, then retired or demobilized back to their place of origin and subsequently worked in communes, wards, towns receiving state budget salaries and participating in mandatory social insurance but not meeting the conditions or continuing to voluntarily contribute to social insurance to meet the conditions for retirement benefits as stipulated in Decree No. 152/2006/NĐ-CP dated December 22, 2006 guiding certain provisions of the Law on Social Insurance regarding mandatory social insurance.

2. Method of Enjoyment:

a) The monthly allowance is calculated based on the actual number of years of service eligible for the benefit: 15 years entitles to a monthly allowance of 813,614 VND/person/month, with an additional 5% for each subsequent year (full 12 months). Specifically:

From 15 to under 16 years, the allowance is 813,614 VND/person/month.

From 16 to under 17 years, the allowance is 854,295 VND/person/month.

From 17 to under 18 years, the allowance is 894,975 VND/person/month.

From 18 to under 19 years, the allowance is 935,656 VND/person/month.

From 19 years to under 20 years, the allowance amount is 976,337 VND/person/month.

Example 1:Mr. Nguyen Van A joined the People's Public Security Force in February 1963 and retired back to his place of origin in August 1980. The calculation of the benefit for Mr. Nguyen Van A is as follows:

Mr. Nguyen Van A's actual working period in the People's Public Security Force from February 1963 to August 1980 is 17 years and 7 months. The monthly allowance he receives is 894,975 VND/month.

Example 2:Mr. Hoang Van B joined the People's Public Security Force in February 1971 and transferred to work at the People's Committee of District T in July 1987, retiring according to the voluntary retirement policy in 1990. The calculation of the benefit for Mr. Hoang Van B is as follows:

Mr. Hoang Van B's actual working period in the People's Public Security Force from February 1971 to June 1987 is 16 years and 5 months (the time spent working at the People's Committee of District T is not counted). The monthly allowance he receives is 854,295 VND/month.

Example 3:Mr. Do Van C joined the People's Army in May 1970, transferred to the People's Public Security Force in May 1975, and retired back to his place of origin in October 1989. The calculation of the benefit for Mr. Do Van C is as follows:

Mr. Do Van C's actual working period in the People's Army from May 1970 to April 1975 (5 years) is added to his working period in the People's Public Security Force from May 1975 to October 1989, totaling 19 years and 6 months. The monthly allowance he receives is 976,337 VND/month.

Example 4:Mr. Tran Van D joined the People's Army in March 1972, was discharged back to his place of origin in September 1976, joined the People's Public Security Force in December 1977, and retired back to his place of origin in December 1991. The calculation of the benefit for Mr. Tran Van D is as follows:

Mr. Tran Van D's actual working period in the People's Army from March 1972 to September 1976 is 4 years and 7 months.

Mr. Tran Van D's actual working period in the People's Public Security Force from December 1977 to December 1991 is 14 years and 1 month.

The total actual working period eligible for allowance is 18 years and 8 months. The monthly allowance he receives is 935,656 VND/month.

b) When the Government adjusts the pension or monthly allowance, the monthly allowance specified in point a of this clause will also be adjusted accordingly;

c) If the person receiving the monthly allowance passes away, the allowance ceases from the following month. The person organizing the funeral will receive a one-time allowance equal to three months of the current monthly allowance of the deceased.

Example 5:In the case of Mr. Tran Van D mentioned in Example 4, Mr. Tran Van D passed away in December 2010. The person organizing the funeral for Mr. D will receive a one-time allowance of: 3 months x 935,656 VND/month = 2,806,968 VND.

Article 5. One-time Allowance System

1. The subjects specified in Clause 1 of Article 2 of this Circular shall be entitled to a one-time allowance if they fall into one of the following cases:

a) Having worked for less than 15 years in the People's Public Security Force;

b) Having worked for less than 15 years in the People's Public Security Force, then retired or demobilized back to their place of origin and continued working in communes, wards, towns currently receiving monthly allowance or retirement benefits;

c) Having worked for at least 15 but less than 20 years in the People's Public Security Force, then retired or demobilized back to their place of origin and currently working in communes, wards, towns receiving state budget salaries and participating in mandatory social insurance, meeting the conditions for retirement benefits as stipulated in Decree No. 152/2006/NĐ-CP dated December 22, 2006 guiding certain provisions of the Law on Social Insurance regarding mandatory social insurance;

d) Having worked for less than 15 years in the People's Public Security Force, then retired or demobilized back to their place of origin and currently working in communes, wards, towns receiving state budget salaries and participating in mandatory social insurance.

2. Calculation Method

The one-time allowance is calculated based on the actual number of years of service in the People's Public Security Force: up to 2 years (24 months), the one-time allowance is 2,000,000 VND (two million VND); from the third year onwards, an additional 600,000 VND is added for each year.

The amount of one-time allowance is calculated using the formula:

Amount = 2,000,000 VND + [(actual number of years of service eligible for benefit - 2 years) x 600,000 VND]

Example 6:Mr. Pham Van G joined the People's Public Security Force in February 1970 and retired back to his place of origin in October 1982. The calculation of the benefit for Mr. Pham Van G is as follows:

Mr. Pham Van G's actual working period in the People's Public Security Force is 12 years and 9 months, rounded up to 13 years. The benefit received is:

2,000,000 VND + [(13 years - 2 years) x 600,000 VND] = 8,600,000 VND.

3. Those who belong to the subjects applying the provisions of Clause 1 of Article 2 of this Circular and passed away before October 15, 2010, one of the following persons: spouse, father, mother, biological child, adopted child, or legal guardian of the deceased will receive a one-time allowance of 3,000,000 VND (three million VND).

Chapter 3.

APPLICATION PROCEDURES AND DOCUMENTS

Article 6. Documents for reviewing entitlement to benefits

1. Application Documents for Benefit Examination

a) Personal declaration form of the subject according to Model No. 01 attached to this Circular. In case the subject has passed away, the relatives of the subject shall declare according to Model No. 05 attached to this Circular. The subject or the relative of the subject shall prepare three declarations certified by the People's Committee of the commune, ward where the permanent household registration is registered.

b) One of the original documents or documents considered as original or related documents (original or notarized copy or copy confirmed by the Personnel Department of the Provincial Police or the Central City Police) as follows:

Decision on termination of employment, discharge from military service; officer's curriculum vitae or military personnel's curriculum vitae; or Party member's curriculum vitae;

Confirmation letter from the working unit (at the Bureau, Department level, Provincial Police, Central City Police and equivalent) before officers and soldiers of the People's Public Security terminate employment or discharge from military service and return to their place of origin;

War Merit Medal or other forms of commendation;

Death certificate, death notice (in case the subject has passed away);

Other related documents that can prove the work process in the People's Public Security such as recruitment decisions, transfer decisions, appointment decisions, promotion decisions, salary increase decisions; admission notice for enrollment in public security schools; list of officers;

c) Request for consideration of benefits (with list) of the Provincial Public Security Office where the subject resides according to Model No. 02 attached to this Circular.

2. Monthly benefit file is transferred to the Department of Labor - Invalids and Social Affairs where the subject resides.

a) Introduction letter of the Policy Bureau under the Public Security Force Construction General Corps according to Model No. 03 attached to this Circular;

b) Decision on monthly allowance benefits of the Director of the Policy Bureau under the Public Security Force Construction General Corps according to Model No. 04 attached to this Circular;

c) Personal declaration form (Model No. 01).

Article 7. Procedures for Implementation

1. The subject or the relative of the subject shall declare and submit the documents stipulated in point a and b, Clause 1, Article 6 of this Circular to the Public Security Department of the district, city district, town, provincial city where the subject resides.

2. Public Security Department of the district, city district, town, provincial city

a) Guide and organize the acceptance of files from the subjects or relatives of the subjects residing within their jurisdiction;

b) Organize verification, investigation, compile lists by type of subjects and send them to the Provincial Public Security Office.

3. Provincial Public Security Office

a) Receive files transferred from the Public Security Departments of the districts, city districts, towns, provincial cities;

b) Organize verification, investigation, review files and compile files for benefit consideration according to Clause 1, Article 6 of this Circular and send them to the Policy Bureau, Public Security Force Construction General Corps.

4. Policy Bureau, Public Security Force Construction General Corps

a) Receive and review files for benefit consideration transferred from the Provincial Public Security Office;

b) Issue decisions on monthly and one-time allowance benefits;

c) Transfer resolved files back to the Provincial Public Security Office where the subject resides;

d) Aggregate proposals from units regarding one-time allowance benefit decisions and send them to the Finance Bureau for budget preparation basis.

5. Provincial Public Security Office where the subject resides

a) Receive resolved files transferred back from the Policy Bureau, Public Security Force Construction General Corps;

b) Transfer monthly allowance files to the Department of Labor - Invalids and Social Affairs for management and payment of monthly allowances according to regulations;

c) Organize the delivery of decisions on monthly and one-time allowance benefits issued by the Director of the Policy Bureau and pay one-time allowances to the subject or the relative of the subject.

Chapter 4.

IMPLEMENTATION

Article 8. Funding Assurance

1. The funds for monthly allowance payments are guaranteed by the central government budget through the Ministry of Labor - Invalids and Social Affairs transferring to the Departments of Labor - Invalids and Social Affairs of provinces and cities for payment to beneficiaries.

2. The funds for one-time allowance payments are guaranteed by the central government budget through the Ministry of Public Security including:

a) Funds for one-time allowance payments to beneficiaries as stipulated in Article 5 of this Circular;

b) Funds to ensure payment operations amounting to 4% of the total payment funds for beneficiaries. The expenditure includes: Review and audit of files; serving propaganda and policy dissemination; training, vocational training, mid-term and final reviews; purchasing, minor repairs, equipping office supplies for payment operations. The expenditure level is implemented according to current state regulations.

Article 9. Responsibilities of Ministries and People's Committees of provinces and centrally governed cities

1. Ministry of Public Security

Shall take the lead in coordinating with the Ministry of Labor, Invalids and Social Affairs and the Ministry of Finance to direct, guide, inspect and resolve any difficulties arising during the implementation of Decision No. 53/2010/QĐ-TTg.

Based on their functions, tasks, and authorities; public security units and localities shall have the responsibility:

a) General Department for Building the Public Security Force

To disseminate policies; guide, inspect, and direct the organization to implement Decision No. 53/2010/QĐ-TTg and this Circular;

Shall take the lead in coordinating with competent agencies inside and outside the Public Security Force to monitor, inspect, and propose solutions for any difficulties arising during the implementation process.

b) Financial Department

Prepare the budget for funds to ensure the implementation of the system and fees for payment according to the provisions of Decision No. 53/2010/QĐ-TTg and this Circular, and report to the Ministry of Public Security for approval;

Organize the allocation of funds for payment of the system to public security units and localities and settle accounts according to regulations.

c) Public Security Departments of provinces and centrally governed cities

Propagate, instill, and organize the implementation of one-time allowance payments to beneficiaries or relatives of beneficiaries according to the provisions of this Circular.

2. Ministry of Labor, Invalids and Social Affairs

Direct provincial and centrally governed city Departments of Labor, Invalids and Social Affairs to receive monthly allowance claim files transferred from the Policy Bureau, General Department of Public Security Force Construction; manage and pay monthly allowances to beneficiaries; adjust monthly allowances according to government regulations; pay one-time allowances to relatives of beneficiaries who have passed away according to Clause 2, Article 4 of Decision No. 53/2010/QĐ-TTg and guidance at Point c, Clause 2, Article 4 of this Circular; receive one-time allowances returned by beneficiaries according to Clause 3, Article 8 of Decision No. 53/2010/QĐ-TTg.

Prepare the budget for monthly allowance payments to beneficiaries and organize settlement according to the State Budget Law.

3. Ministry of Finance

Ensure funds for implementing the system and fees for payments according to the State Budget Law.

4. People's Committees of provinces and centrally governed cities

Direct subordinate agencies and units to implement the system for residents within their jurisdiction.

Article 10. Effective Date

1. This Circular shall take effect 45 days from the date of signature.

2. The monthly allowance regime prescribed in Article 4 of Decision No. 53/2010/QĐ-TTg and guided in Article 4 of this Circular shall be implemented from May 1, 2010. Beneficiaries currently receiving monthly allowances under Decision No. 613/QĐ-TTg dated May 6, 2010 of the Prime Minister regarding monthly allowances for those with from 15 to less than 20 years of actual service who have completed the period of entitlement to disability benefits shall cease to enjoy the monthly allowance regime prescribed in this Circular.

During the implementation process, if there are any difficulties, agencies and units should report to the Ministry of Public Security (through the Policy Bureau, General Department of Public Security Force Construction) for coordination with the Ministry of Labor, Invalids and Social Affairs and the Ministry of Finance to resolve them./.

SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
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PERSONAL DECLARATION FORM

Requesting to enjoy the allowance regime according to Decision No.53/2010/QĐ-TTg dated August 20, 2010 of the Prime Minister

Full name:... Gender:...

Date of birth:.../.../......; ID number: ...issued on:.../.../...

Place of origin:...

Place of permanent residence registration...

...............................................................................................................................................

Joined Public Security Force (or People's Army) on.../.../.....

Discharged, retired on.../.../.....

Rank, position, unit when discharged, retired:...

..................................................................................................... .........................................

Current occupation:...

Already enjoyed benefits (1):...

WORKING HISTORY

Attached documents (2):...

I solemnly declare that the above statements are true, if false, I will bear full responsibility under the law. Requesting levels to consider and resolve my request to enjoy the allowance regime as stipulated in Decision No. 53/2010/QĐ-TTg dated August 20, 2010 of the Prime Minister./.

 

(1) Clearly state the benefits already enjoyed: discharge, retirement or invalidity, pension, disability...

(2) Clearly state the attached documents (if any): recruitment decision, cadre history, party member history, military personnel history, discharge decision, retirement decision...

Respectfully submitted to: Policy Bureau, General Department of Public Security Force Construction

Based on Joint Circular No. .../2010/TTLT-BCA-BTC-BLDTBXH dated.../.../..... of the Ministry of Public Security, Ministry of Finance and Ministry of Labor, Invalids and Social Affairs guiding the implementation of Decision No. 53/2010/QĐ-TTg dated August 20, 2010 of the Prime Minister regarding the regime for Public Security Force cadres and soldiers participating in the anti-US resistance war with less than 20 years of service in the Public Security Force who have retired or been discharged back to their home areas;

Based on the beneficiary's file and the request of the Public Security Department of the district (city district, town, city under province)...; Public Security Department of the province (city)... has organized review and requested the Policy Bureau, General Department of Public Security Force Construction to resolve the enjoyment of the... (2) regime for... (with list and file attached)./.

(1) Public Security unit, locality signs the document

(2) Clearly state the monthly allowance or one-time allowance

LIST OF BENEFICIARIES REQUESTING TO RESOLVE THE ALLOWANCE REGIME..... (2)

According to Decision No. 53/2010/QĐ-TTg dated August 20, 2010 of the Prime Minister

(Attached with letter No. .... dated.../.../.... of Public Security...)

Total:... beneficiaries (With attached file)

 

(1) Public Security unit, locality signs the document

(2) Clearly state the monthly allowance or one-time allowance

INTRODUCTION LETTER

Payment of monthly allowance according to Decision number...53/2010/QĐ-TTg dated August 20, 2010 of the Prime Minister

Respectfully submitted to: Department of Labor, Invalids and Social Affairs...

The Policy Bureau, General Staff for Building Police Force introduces

Mr. (Mrs.)... born on: ...../.../...

Place of origin:...

Place of residence...

...............................................................................................................................................

Entitled to receive monthly allowance according to Decision number 53/2010/QĐ-TTg dated August 20, 2010 of the Prime Minister regarding the treatment for police officers who participated in the anti-US war with less than 20 years of service in the police force and have retired or been discharged back to their home province.

Total time of service entitled to receive benefits: .... years .... months

Amount of allowance:... dong

(In words:…)

Received allowance from May 2010

Request the Department of Labor, Invalids and Social Affairs of the province (city)... to accept the file and pay the monthly allowance according to regulations.

Enclosed are:

- Personal declaration form:

- Decision on receiving monthly allowance issued by the Policy Bureau, General Staff for Building Police Force, Ministry of Public Security.

Pursuant to …;

Regarding the receipt of monthly allowance according to Decision number...53/2010/QĐ-TTg dated August 20, 2010 of the Prime Minister

DIRECTOR OF THE POLICY BUREAU

Based on Decision number 4734/QĐ-BCA dated December 24, 2009 of the Minister of Public Security stipulating the functions, tasks, powers, and organizational structure of the Policy Bureau;

Based on Circular Jointly Issued number ……/2010/TTLT-BCA-BLĐTBXH-BTC dated .../.../2010 of the Ministry of Public Security, Ministry of Labor, Invalids and Social Affairs, and Ministry of Finance guiding the implementation of Decision number 53/2010/QĐ-TTg dated August 20, 2010 of the Prime Minister regarding the treatment for police officers who participated in the anti-US war with less than 20 years of service in the police force and have retired or been discharged back to their home province;

Considering the proposal of the Provincial (City) Public Security at document number …./.…./…dated…./…../… and the file of Mr. (Mrs.)…

DECISION:

Article 1. Mr. (Mrs.)…

Date of birth: …/………/…

Place of residence...

Date joined Public Security: …/………/………

Discharged, retired date: …/………/…

Rank, position at discharge, retirement:…

Unit at discharge, retirement:…

Total time of service entitled to receive benefits: …years…months …

Amount of allowance:... dong

(In words:…)

From May 1, 2010

Place of receiving allowance:…

12/2025/TT-BNNMT dated June 19, 2025 issued by the Minister of Agriculture and EnvironmentComrades Director of the Provincial (City) Public Security and Mr. (Mrs.)…are responsible for implementing this Decision./.

SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
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PERSONAL DECLARATION FORM

Requesting to receive one-time allowance according to Decision number...53/2010/QĐ-TTg dated August 20, 2010 of the Prime Minister
(For deceased beneficiaries)

1. Declaration about the beneficiary's relatives

Full name:…

Date of birth:…../…../……; ID number: …issued on:…../…./.

Place of origin:...

Place of residence (permanent registration):…

............................................................................................................................................

Relationship with the beneficiary declared below is:…

2. Declaration about the beneficiary

Full name:…

Date of birth:…../…../……

Joined Public Security (or People's Army) on:…/…/…

Discharged, retired on …/…/…….

Rank, position, unit when discharged, retired:...

............................................................................................................................................

Benefits already received (1) …

Died on …/…/…….

Documents kept include (2)

- ..........................................................................................................................................

- ..........................................................................................................................................

- ..........................................................................................................................................

I hereby certify that the above declaration is true, if false I will bear full responsibility under the law.

OPINION OF AUTHORIZATION AND SIGNATURES OF REMAINING RELATIVES

CONFIRMATION OF THE PEOPLE'S COMMITTEE OF THE COMMUNE (WARD)
(Signature, write clearly title, name and stamp)  

(1) Specify the benefits received: Discharge, retirement or disabled veteran.

(2) Specify the attached documents (if any): Recruitment decision, officer's resume, party member's resume, military personnel's resume, discharge decision, retirement decision….