Consolidated Document number 05/VBHN-BQP Joint Circular guiding the implementation of Decree No. 159/2006/NĐ-CP dated December 28, 2006 of the Government on the implementation of retirement benefits for military personnel directly participating in the resistance war against America to save the country from April 30, 1975 onwards who have served for 20 years or more and have been demobilized or discharged.

MINISTRY OF NATIONAL DEFENSE -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: 05/VBHN-BQP	Hanoi, February 20, 2025

JOINT CIRCULAR

GUIDELINES FOR IMPLEMENTING DECREE NO. 159/2006/NĐ-CP OF THE GOVERNMENT DATED DECEMBER 28, 2006 ON THE IMPLEMENTATION OF THE RETIREMENT REGIME FOR MILITARY PERSONNEL DIRECTLY PARTICIPATING IN THE RESISTANCE WAR AGAINST THE UNITED STATES TO SAVE THE NATION FROM APRIL 30, 1975 OR PRIOR WITH AT LEAST 20 YEARS OF SERVICE IN THE ARMED FORCES WHO HAVE BEEN DISCHARGED AND DEMOBILIZED

JOINT CIRCULAR No. 69/2007/TTLT-BQP-BLDTBXH-BTC dated April 16, 2007 of the Ministry of National Defense, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Finance guiding the implementation of Decree No. 159/2006/NĐ-CP dated December 28, 2006 of the Government on the implementation of the retirement regime for military personnel directly participating in the resistance war against the United States to save the nation from April 30, 1975 or prior with at least 20 years of service in the armed forces who have been discharged and demobilized, effective from June 10, 2007, has been amended and supplemented by:

1. JOINT CIRCULAR No. 190/2011/TTLT-BQP-BLDTBXH-BTC dated November 7, 2011 of the Ministry of National Defense, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Finance amending and supplementing Joint Circular No. 69/2007/TTLT-BQP-BLDTBXH-BTC dated April 16, 2007 of the Ministry of National Defense, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Finance guiding the implementation of Decree No. 159/2006/NĐ-CP dated December 28, 2006 of the Government on the implementation of the retirement regime for military personnel directly participating in the resistance war against the United States to save the nation from April 30, 1975 or prior with at least 20 years of service in the armed forces who have been discharged and demobilized, effective from December 25, 2011.

2. CIRCULAR No. 104/2024/TT-BQP dated November 27, 2024 of the Minister of National Defense replacing and abolishing certain provisions and forms in the joint circulars of the Ministry of National Defense, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Finance related to the declaration of personal information when implementing administrative procedures.

To implement Decree No. 159/2006/NĐ-CP dated December 28, 2006 of the Government on the implementation of the retirement regime for military personnel directly participating in the resistance war against the United States to save the nation from April 30, 1975 or prior with at least 20 years of service in the armed forces who have been discharged and demobilized (referred to as Decree No. 159/2006/NĐ-CP), the Ministry of National Defense, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Finance guide the implementation as follows:[1]

I. SUBJECTS AND CONDITIONS[2]

a) Cadres, civil servants, public officials, and workers as stipulated in Article 2 of Decree No. 178/2024/NĐ-CP dated December 31, 2024 (amended and supplemented by Decree No. 67/2025/NĐ-CP dated March 15, 2025) of the Government on policies and treatment for cadres, civil servants, public officials, workers, and armed forces personnel in the process of organizational restructuring of the political system, having a total mandatory social insurance contribution period of at least 15 years when working in heavy, hazardous, or dangerous jobs or extremely heavy, hazardous, or dangerous jobs listed by the agency under the Government responsible for labor administration, or working in areas with particularly difficult socio-economic conditions including time worked in places with regional allowances of coefficient 0.7 or higher before January 1, 2021, and reaching the retirement age as specified in Appendix II issued together with Decree No. 135/2020/NĐ-CP, ceasing work immediately due to direct impact from organizational restructuring and implementation of the two-level local government model;

Military personnel enlisted before April 30, 1975 with at least 20 years of service in the armed forces, currently not receiving the retirement benefit, disability benefit, or monthly veteran benefit, and falling under one of the following cases:

a) Have been demobilized or discharged before April 1, 2000;

b) War invalids with a labor capacity reduction of 81% or more undergoing treatment at rehabilitation centers for war invalids or returning home from such centers before April 1, 2000;

c) Military personnel transferred to another profession or converted to defense civil servants then ceased employment before January 1, 1995; had a decision on their profession before April 1, 2000 but could not implement it or military personnel returned to their locality without having their discharge or demobilization benefits resolved;

d) Military personnel demobilized or discharged after going abroad for international cooperation labor or being sent abroad for international cooperation labor and returned to be demobilized or discharged before April 1, 2000.

2. Subjects not covered

The subjects specified in Clause 1 Section of this Article shall not be entitled to the benefits prescribed in Decree No. 159/2006/NĐ-CP if they fall under one of the following cases:

a) Desertion, surrender, betrayal, or recruitment;

b) Violating the law and serving a life sentence; serving a prison term; convicted of a crime endangering national security and not yet pardoned;

c) Leaving the country illegally or currently declared missing by the Court.

II. BENEFITS ENJOYED

1.

[3]

Time of service for calculating retirement benefits

a) The actual working time in the armed forces shall be considered as time contributing to social insurance for the purpose of enjoying the retirement benefit prescribed in Clause 1 Article 3 of Decree No. 159/2006/NĐ-CP, including time as officers, professional soldiers, non-commissioned officers, privates, and defense civil servants (including time working in the People's Public Security Forces and then transferring to the People's Army, if applicable). If there are interruptions in the working time in the armed forces, such time shall be accumulated.

For cases where personnel transferred to another profession and ceased employment; or were discharged and demobilized for some time and then continued working at agencies, units, organizations outside the armed forces or engaged in international labor cooperation, and subsequently were discharged and demobilized, ceased employment, or severely wounded veterans undergoing rehabilitation at centers managed by the Ministry of Labor, Invalids and Social Affairs, the working time outside the armed forces, time spent in international labor cooperation, and time spent in rehabilitation at centers managed by the Ministry of Labor, Invalids and Social Affairs shall not be counted towards the retirement benefit prescribed in Decree No. 159/2006/NĐ-CP.

b) If the period for calculating the retirement benefit includes fractional months, periods less than three months shall not be counted, periods from three to six months inclusive shall be counted as half (1/2) of the benefit of one year of social insurance contribution, and periods from more than six to twelve months inclusive shall be counted as the full benefit of one year of social insurance contribution.

c) For the subjects specified in Points a and b Clause 1 Section I of this Circular who have already received the retirement benefit according to the provisions of Decree No. 159/2006/NĐ-CP before April 1, 2011, if their actual working time in the armed forces increases (time as public security personnel or defense civil servants), the corresponding percentage of the retirement pension shall be adjusted according to the actual working time from May 1, 2010.

Example 1a: Mr. Nguyen Van A was enlisted in March 1973, transferred to defense civil servant in September 1986, transferred back to military personnel in September 1989, and transferred again to defense civil servant in September 1993. Mr. Nguyen Van A retired in December 1994. According to the regulations, the time served in the armed forces that can be counted towards the retirement benefit for Mr. A is 21 years and 9 months (from March 1973 to November 1994).

Example 1b: Mr. Nguyen Van B was enlisted in March 1971, transferred to another profession in September 1992, and retired in December 1994. According to the regulations, the time served in the armed forces that can be counted towards the retirement benefit for Mr. B is 21 years and 7 months (from March 1971 to September 1992).

Example 1c: Mr. Nguyen Van C joined the Public Security Forces in March 1971, transferred to the Armed Forces in March 1976, and was discharged in October 1993. According to the regulations, the time served in the Public Security Forces and the Armed Forces that can be counted towards the retirement benefit for Mr. C is 22 years and 7 months (from March 1971 to September 1993).

Example 1d: Mr. Nguyen Van D joined the People's Public Security in May 1969, transferred to become a member of the People's Army in March 1971, and was granted retirement benefits upon leaving military service in October 1993. In October 2008, he received a Decision from the Social Insurance Department under the Ministry of Defense to receive monthly pension benefits according to Decree No. 159/2006/NĐ-CP from January 1, 2007, with a service period of 22 years and 7 months (from March 1971 to September 1993), corresponding to a pension rate of 61%. According to regulations, starting from May 1, 2010, his service period for calculating benefits was adjusted to 24 years and 5 months (from May 1969 to September 1993), corresponding to a pension rate of 64%.

2. The monthly pension stipulated in Clause 1, Article 3, Decree No.

159/2006/NĐ-CP shall be implemented as follows

Military personnel with a service period as specified in Clause 1, Section II of this Circular who have at least 15 years of service, calculated at 45% of the average monthly salary basis for social insurance contributions (SIC); thereafter, for each additional year of SIC contributions, an additional 2% for males and 3% for females shall be applied. The maximum monthly pension shall be 75% of the average monthly salary basis for SIC contributions.

Example 1: Mr. Le Van Kim, Major, Battalion Commander, born in 1952, entered military service in September 1970, served for 23 years and 5 months in the military; retired in February 1994; now receiving monthly pension benefits, the calculation of the pension rate is as follows:

- 15 years = 45%;

- From the 16th to the 23rd year (8 years): 2% x 8 (years) = 16%;

- Five months of partial service are calculated additionally: 2% x 0.5 = 1%;

- Mr. Kim's pension ratio is: 45% + 16% + 1% = 62%.

Example 2: Ms. Nguyen Thi Ha, Lieutenant Colonel, born in 1943, entered military service in January 1961, served for 20 years and 1 month in the military; retired in February 1981; now receiving monthly pension benefits, the calculation of the pension rate is as follows:

- 15 years = 45%;

- From the 16th to the 20th year (5 years): 3% x 5 (years) = 15%;

- Ms. Ha's pension ratio is: 45% + 15% = 60%.

3.

[4]

Monthly salary used as the basis for calculating the pension

a) The monthly salary basis for calculating the pension includes rank pay, grade pay, seniority allowance, and position allowance (if applicable) in the last five years before retirement, discharge, resignation, or transfer to another profession; or before transferring to a veteran care center under the Ministry of Labor, Invalids, and Social Affairs, which is converted into salary coefficients and allowances as prescribed in Decree No. 25/CP dated May 23, 1993 of the Government on temporary regulations for new salary systems for civil servants, administrative officials, public servants, and armed forces personnel (the salary level for a Professional Sergeant rank or Junior Lieutenant rank is equivalent to a coefficient of 3.0). The minimum monthly salary basis for calculating the pension is 290,000 VND.

Example 3: Mr. Le Van Kim (as mentioned in Example 1) is now receiving monthly pension benefits; the salary progression in the last five years (60 months) of Mr. Kim is as follows:

- From February 1989 to July 1991 (30 months) at the rank of Lieutenant Colonel (coefficient 4.15); seniority 20%; position allowance for Battalion Commander (coefficient 0.35).

(290,000 VND x 4.15 x 1.20 x 30)^th) + (290,000 VND x 0.35 x 30^th) = 46,371,000 VND.

- From August 1991 to January 1994 (30 months) at the rank of Major (coefficient 4.80); seniority 23%; position allowance as Battalion Commander (coefficient 0.35).

(290,000 VND x 4.80 x 1.23 x 30^th) + (290,000 VND x 0.35 x 30_th) = 54,409,800 VND.

Mr. Kim's base salary for calculating the pension is:

(46,371,000 VND + 54,409,800 VND) / 60 months = 1,679,680 VND/month.

Mr. Kim's monthly pension calculation up to October 1, 2004, is: 1,679,680 VND x 62% = 1,041,402 VND/month.

b) For cases where the salary period is less than five years (60 months), the monthly salary basis for calculating the pension is the average of the total number of months of salary.

Example 4: Mr. Nguyen Van Hien, born in 1940, entered military service in January 1958, served for 20 years and 2 months in the military; retired in March 1978; promoted to Junior Lieutenant in May 1974; promoted to Second Lieutenant in May 1976.

Calculation of the base salary for calculating the pension of Mr. Hien is:

- From May 1974 to April 1976 is 24 months; rank of Second Lieutenant, salary coefficient 3.0; seniority 18%.

290,000 VND x 3.0 x 1.18 x 24^th = 24,638,400 VND.

- From May 1976 to February 1978 is 22 months; seniority 20%.

290,000 VND x 3.20 x 1.20 x 22^th = 24,499,200 VND.

The average base salary for calculating the pension is:

(24,638,400 VND + 24,499,200 VND) / 46^th = 1,068,208 VND/month.

c) For those who transferred to civilian defense officials and then resigned when calculating the pension, it shall be implemented according to the provisions of Clause 7, Article 34 of Decree No. 68/2007/NĐ-CP dated April 19, 2007 of the Government detailing and guiding the implementation of certain provisions of the Law on Social Insurance regarding mandatory social insurance for military personnel, police officers, and personnel engaged in confidential work with salaries equivalent to those of military personnel and police officers.

d) In exceptional cases where the file of the subject only proves the final rank or salary level before retirement, discharge, resignation, or transfer, the time spent holding the rank according to the Law on Officers of the Vietnam People's Army (1981) or the time spent holding the salary grade according to state regulations shall be applied to determine the salary progression in the last five years as the basis for calculating the pension.

4.

[5]

Calculation of Pension

a) Subjects specified in Points a and b of Clause 1, Section I of this Circular shall be subject to adjustments like those receiving monthly pensions before October 2004 as stipulated in Decree No. 208/2004/NĐ-CP dated December 14, 2004 on adjusting pensions and social insurance benefits; Decree No. 117/2005/NĐ-CP dated September 15, 2005 on adjusting pensions and social insurance benefits; Decree No. 118/2005/NĐ-CP dated September 15, 2005 on adjusting the minimum wage; Decree No. 93/2006/NĐ-CP dated September 7, 2006 on adjusting pensions, social insurance benefits, and monthly allowances for retired village cadres; and Decree No. 94/2006/NĐ-CP dated September 7, 2006 of the Government on adjusting the minimum wage.

b) For subjects specified in Points c and d of Clause 1, Section I of this Circular, they shall be subject to adjustments like those in Point a of this clause and shall be adjusted according to Decree No. 166/2007/NĐ-CP dated November 16, 2007 on setting the minimum wage; Decree No. 101/2008/NĐ-CP dated September 12, 2008 on adjusting pensions, social insurance benefits, and monthly allowances for retired village cadres; Decree No. 34/2009/NĐ-CP dated April 6, 2009 on adjusting pensions, social insurance benefits, and monthly allowances for retired village cadres; and Decree No. 29/2010/NĐ-CP dated March 25, 2010 of the Government on adjusting pensions, social insurance benefits, and monthly allowances for retired village cadres (Adjustment Table, Appendix 1 attached to this Circular).

Example 5: In the case of Mr. Kim (as mentioned in Examples 1 and 3), with the rank of Major (coefficient 4.80), the calculation of his pension from October 2004 onwards is as follows:

- Starting from October 2004, adjusted according to Decree No. 208/2004/NĐ-CP increasing by 10%:

1,041,402 VND/month x 1.10 = 1,145,542 VND/month.

- Starting from October 2005, adjusted according to Decree No. 117/2005/NĐ-CP increasing by 8%; Decree No. 118/2005/NĐ-CP increasing by 20.7%:

1.145.542 dong/month x 1.08 = 1.237.185 dong/month;

1,237,185 VND/month x 1.207 = 1,493,283 VND/month.

- From October 2006 onwards, adjusted according to the provisions of Decree No. 93/2006/NĐ-CP increasing by 8%; Decree No. 94/2006/NĐ-CP increasing by 28.6%:

1,493,283 VND/month x 1.08 = 1,612,745 VND/month;

1,612,745 VND/month X 1.286 = 2,073,990 VND/month.

- The actual pension received by Mr. Kim from January 2007 is 2.073.990 dong/month.

Example 5a: In the case of Mr. Kim (mentioned in Examples 1, 3, and 5), but belonging to the category entitled to monthly retirement benefits starting from May 1, 2010, the calculation of Mr. Kim's pension is as follows:

- From January 1, 2008, increased by 20% according to Decree No. 166/2007/NĐ-CP:

2.073.990 dong/month x 1.20 = 2.488.788 dong/month.

- From October 2008, adjusted according to the provisions of Decree No. 101/2008/NĐ-CP increasing by 15%:

2.488.788 dong/month x 1.15 = 2.862.106 dong/month.

- From May 2009, adjusted according to the provisions of Decree No. 34/2009/NĐ-CP increasing by 5%:

2.862.106 dong/month x 1.05 = 3.005.211 dong/month.

- From May 2010, adjusted according to the provisions of Decree No. 29/2010/NĐ-CP increasing by 12.3%:

3,005,211 VND/month x 1.123 = 3,374,852 VND/month.

- The actual pension received by Mr. Kim from May 2010 is 3.374.852 dong/month.

5. Those entitled to subsistence allowance (non-commissioned officers - soldiers) shall receive a monthly pension equal to the general minimum wage set by the Government for each period.

Example 6: Mr. Nguyen Van Yen, born in 1949, entered military service in April 1967, Senior Sergeant, Platoon Deputy Commander, war invalid with a disability rate of 86%, transferred to a veteran care center under the Ministry of Labor, Invalids, and Social Affairs in June 1988; served for 21 years and 2 months in the military. Mr. Yen's monthly pension received from January 2007 is the general minimum wage set by the Government, which is 450,000 VND/month.

6. Those entitled to monthly pension benefits as stipulated in Clause 1, Article 4, Decree No.

159/2006/NĐ-CP dated December 28, 2006, of the Government shall enjoy medical insurance benefits; upon death, the person handling funeral arrangements shall receive funeral allowance, and dependents shall receive monthly pension or one-time pension according to current laws on social insurance.

7.

[6]

The subjects specified in Point a Clause 1 Section I of this Circular who died before January 1, 2007, and the subjects specified in Points c and d Clause 1 Section I of this Circular who died before April 1, 2011, one of the dependents of the subject (spouse, biological or adopted child, biological father or mother or legal guardian) shall be entitled to receive a one-time benefit of 3,600,000 VND. For the subjects specified in Points a and b Clause 1 Section I of this Circular who died from January 1, 2007, and the subjects specified in Points c and d Clause 1 Section I of this Circular who died from April 1, 2011, and have not yet received monthly pension, the dependents of the subject shall be entitled to back pay of retirement salary from January 1, 2007 or May 1, 2011 until the month of the subject's death.

III. DOCUMENTS AND PROCEDURES FOR IMPLEMENTATION

1.

[7]

Application dossier

a) Documents serving as grounds for application include one or more of the following:

Decision on demobilization, discharge, transfer, or transfer to civil servants; decision of the competent authority sending for international labor cooperation; military service record, cadre and civil servant record, cadre record, or summary form 63 for officers; party member record; registration book for demobilization, discharge, or transfer; social insurance book; decision to issue disability certificate and disability allowance or extract from disability file (for war invalids).

Certificate of work history issued by the head of the former unit before the military personnel were demobilized, discharged, or transferred and stopped working, issued by the head of the unit at the level of Regiment and above according to the management level of the subject before demobilization, discharge, or being sent for international labor cooperation, transfer, or transfer to civil servants and then stopped working, signed, stamped, and attached with a copy of the subject's file or list of managed subjects kept by the unit for verification purposes; if the original documents and files are still available at the former unit, the unit shall issue them to the subject according to the current laws on notarization and certification. In cases where the former unit has been merged or dissolved, the new unit established after the merger or the superior unit of the dissolved unit shall verify and issue.

Documents serving as the basis for reviewing entitlement to the aforementioned benefits (including originals or certified copies from authorized bodies) must prove the month and year of enlistment, discharge, going for international labor cooperation; transfer or transfer to civil servants; and confirm the actual period of service in the Military.

b) Application dossier

- The application dossier for monthly retirement benefits is prepared in five sets, including:

+ Application form of the subject (Form No. 01-NĐ159-11);

+ One or more documents serving as the basis for reviewing entitlement to the benefits stipulated in Point a Clause 1 of this Section.

+ Decision to implement retirement benefits of the Military Region Command, Hanoi Capital Military Command (Form No. 05-NĐ159-11);

+ Request letter of the relevant levels (Form No. 04-NĐ159-11) for district (township) level; Form No. 06-NĐ159-11 for military region level, Command of Hanoi Capital.

For cases meeting the conditions stipulated in Clause 1 Section I of this Circular but sentenced to imprisonment and completed their sentences and returned to the locality without having their demobilization, discharge, or termination of employment benefits resolved, they must supplement a Certificate of Completion of Imprisonment Sentence (original or certified copy) issued by the competent authority. Subjects sentenced to imprisonment before January 1, 1995, who have completed their sentences and returned to the locality without having their benefits resolved, the Ministry of Defense will compile files, exchange, and unify with the Ministry of Labor, Invalids, and Social Affairs to apply and resolve retirement benefits according to Decree No. 159/2006/NĐ-CP for each specific case.

- The application dossier for one-time benefits (for deceased subjects) is prepared in four sets, including:

+ Application form of the relative of the subject (Form No. 02-NĐ159-11);

+ Death certificate; power of attorney of the dependents (if any) (Form No. 03-NĐ159-11) for deceased cases.

+ One or some documents serving as the basis for considering the benefits prescribed in Point a Clause 1 Section of this Article;

+ A letter of request from the relevant levels.

2. Procedures and responsibilities for implementation

2.1.[8] For subjects eligible for retirement benefits and dependents of deceased subjects.

Submit application to the People's Militia Committee of the commune or ward where the permanent residence is registered; one set of documents as follows:

a) Subjects entitled to retirement benefits

+ The subject's application form 01 (Form No. 01-NĐ159-11), original;

+ One or some documents serving as the basis for considering the benefits prescribed in Point a Clause 1 Section of this Article (one copy);

b) Relatives of deceased subjects

+ The relative's application form 01 (Form No. 02-NĐ159-11), original;

+ One death certificate (original or certified copy); one power of attorney of the dependents (if any) (Form No. 03-NĐ159-11), original.

+ One or some documents serving as the basis for considering the benefits prescribed in Point a Clause 1 Section of this Article (one copy).

2.2. For the Military District Command:

a. Propaganda and dissemination of policies; directing and guiding communes to implement;

b. Receiving applications from subjects through the commune military authorities, compiling, and reporting;

c. Organizing review, verification, listing, and preparing letters of recommendation to the Provincial Military Command (city) as stipulated (Form No. 04-159).

2.3. For the Provincial Military Command (city):

a. Propaganda and dissemination of policies; directing and guiding implementation;

b. Receiving reports from the district military command (ward) and reporting;

c. Directing the policy department, cadre, and military personnel to complete the application procedures as stipulated in this Circular;

d. Review and approve the subject; complete and prepare all sets of documents as prescribed in Clause 1 Section III of this Circular (documents photocopied and confirmed by the Provincial People's Militia Committee).

đ. Preparing a report letter to the Political Department of the Military Region (Form No. 04-159);

e. Pay a one-time benefit to the relatives of the deceased subject upon receipt of a decision and settlement according to current regulations.

2.4. For Military Regions:

a. Propaganda and dissemination of policies; directing and guiding implementation;

b. Direct agencies and units to provide files of subjects under their management when requested;

c. Receive reports from provincial military offices (cities);

d. Review, compile lists, manage registrations, issue decisions on implementing retirement benefits (Form No. 05-159), draft letters requesting the Department of Policy (Military Social Insurance) to consider and resolve (Form No. 06-159).

2.4a.[9] For the Command of Hanoi Capital, implement responsibilities similar to those of the military region; instruct the Political Department to perform duties similar to those of the Provincial People's Militia Committee (city).

2.4b.[10] The time limit for review and verification at each level shall be carried out as follows:

- Within three working days from the date of receiving complete files as prescribed, the People's Militia Committee of the commune (ward) shall complete the compilation and preparation of reports to the People's Militia Committee of the district (township).

- Within five working days from the date of receiving complete files reported by the People's Militia Committee of the commune (ward), the People's Militia Committee of the district (township) shall complete the review and compilation of reports to the Provincial People's Militia Committee (city).

- Within seven working days from the date of receiving complete files as prescribed reported by the People's Militia Committee of the district (township), the Provincial People's Militia Committee (city) shall complete the review and finalization of files (five sets for retirement, four sets for one-time allowance) and report to the Political Department of the military region, Command of Hanoi Capital.

- Within ten working days from the date of receiving complete valid files reported by the Provincial People's Militia Committee (city), the military region, and Command of Hanoi Capital shall complete the verification and finalization of files and report to the Ministry of Defense Social Insurance for consideration and issuance of decisions on benefits for the subjects as prescribed.

2.5.[11] Department of Policy - General Political Department

||| Take the lead in coordinating with relevant agencies to direct the implementation and inspection of the regime and policies for the subjects specified in this Circular; cooperate in resolving any difficulties and issues arising during the organization and implementation process.

||| 2.5a. Social Insurance Department of the Ministry of National Defense

||| - Within thirty days from the date of receiving complete files as prescribed by the Military Region Command or the Hanoi Capital Command, the Social Insurance Department of the Ministry of National Defense shall complete the review, issue the decision on retirement benefits (Form No. 07-NĐ159-11), and one-time benefits (Form No. 08-NĐ159-11);

||| - Retroactively pay pension to the subject specified in Points a and b Clause 1 Section I of this Circular from January 1, 2007 until the month of death, and funeral expenses, and one-time survivor benefits for the subject specified in Point a Clause 1 Section I of this Circular if they died between January 1, 2007 and March 31, 2011;

||| - Examine and pay one-time regional allowance (if applicable) to the subject as stipulated in Decree No. 122/2008/NĐ-CP dated December 4, 2008 of the Government regarding the implementation of regional allowances for retirees, one-time social insurance, disability allowances, and monthly work injury and occupational disease allowances;

- Archiving benefit consideration files and transferring files to relevant agencies, units, and subjects as prescribed

2.6. Personnel and Military Departments at all levels in the Military:

||| Provide, inspect, and confirm files for subjects under their management upon request of the subject or local military authorities. In cases where the unit that resolved the discharge or demobilization of the subject has been merged or dissolved, the higher-level agency or unit shall be responsible for resolving the matter.

IV. IMPLEMENTATION

1. Responsibilities of the Ministry of National Defense

||| Direct subordinate agencies and units under their authority to be responsible for guiding, inspecting, establishing files; issuing decisions and completing procedures for monthly retirement benefits, one-time benefits; paying one-time benefits within the scope of resolution as prescribed in this Circular.

For cases with issues regarding the calculation of benefits, the Ministry of National Defense will coordinate with the Ministry of Labor, Invalids, and Social Affairs and the Ministry of Finance to consider and resolve.

2. Responsibilities of the Ministry of Finance

Cooperating with the Ministry of Defense to ensure funding for the implementation of benefits and policies stipulated in Decree No. 159/2006/NĐ-CP dated December 28, 2006 of the Government.

3. Responsibilities of the Vietnam Social Security

||| Guide the Social Insurance Departments of provinces (cities) on receiving files for retirement benefits transferred from military social insurance agencies, implementing monthly pension payments, and other benefits for those entitled to retirement benefits as prescribed in this Circular.

4. Sources of Funding

- Funding for one-time benefits is guaranteed by the Ministry of Finance through the Ministry of National Defense, including a lump sum payment and file processing costs of 20,000 VND per file;

- Funding for retirement benefits is transferred by the Ministry of Finance to the Vietnam Social Security for payment.

||| 5. Effective Date [12]

||| This Circular takes effect fifteen days after its publication in the Official Gazette. The regimes prescribed in this Circular shall be implemented from January 1, 2007.

When receiving monthly retirement benefits, subjects are not required to repay the demobilization or discharge allowances they have received.

Subjects who are concurrently war invalids continue to enjoy benefits and rights as prescribed for war invalids.

Those who falsify information, alter, or forge files, in addition to disciplinary action or criminal liability, must also compensate for losses according to the law.

During the implementation process, if there are any difficulties, please reflect them to the Joint Ministries for consideration and resolution./.

Place of Receipt: - Prime Minister (for record); ||| - Leaders of the Ministry of National Defense; ||| - Ministry of Labor, Invalids and Social Affairs, Ministry of Finance, Ministry of Public Security; - BTTM, TCCT; - Agencies and units under the Ministry of National Defense; - Government Cryptographic Agency; ||| - Departments: Policy, (03) ||| Cadres, Military Forces, Finance; ||| - Social Insurance Department of the Ministry of National Defense; - Legal Affairs Department of the Ministry of National Defense; - The Office of Legal Review of Normative Documents/MoJ; - Ministry of National Defense Portal (for publication); ||| - Portal of the Department of Policy (for posting); ||| - File: VT, PC. Trg80.

CERTIFIED CONSOLIDATED DOCUMENT DEPUTY MINISTER DEPUTY MINISTER Senior General Vo Minh Luong

ANNEX 1

[13]

TABLE OF RETIREMENT PAY ADJUSTMENTS

No.	Progress, Timeframe	TIME OF ADJUSTMENT	OBJECT AND LEVEL OF ADJUSTMENT
			OBJECT WITH A SALARY BELOW THE COEFFICIENT 4.4 ACCORDING TO DECREE NO. 25/CP	Subjects with salary levels from coefficient 4.4 to below coefficient 7.2 according to Decree No. 25/CP
1	DECREE 208/2004/NĐ-CP	FROM OCTOBER 1, 2004	10%	10%
2	DECREE 117/2005/NĐ-CP	FROM OCTOBER 1, 2005	10%	8%
3	DECREE 118/2005/NĐ-CP	FROM OCTOBER 1, 2005	20,7%	20,7%
4	DECREE 93/2006/NĐ-CP	FROM OCTOBER 1, 2006	10%	8%
5	DECREE 94/2006/NĐ-CP	FROM OCTOBER 1, 2006	28,6%	28,6%
6	Decree 166/2007/NĐ-CP	From 01/01/2008	20%	20%
7	Decree 101/2008/NĐ-CP	From 01/10/2008	15%	15%
8	Decree 34/2009/NĐ-CP	From 01/05/2009	5%	5%
9	Decree 29/2010/NĐ-CP	From 01/05/2010	12,3%	12,3%

ANNEX 2

[14]

(Adopted along with Circular No. 104/2024/TT-BQP dated November 27, 2024 of the Minister of National Defense)

Form No. 01-NĐ159-11	Application for Retirement Benefits
Form No. 02-NĐ159-11	Application for One-Time Benefit
Form No. 03-NĐ159-11	Power of Attorney
Form No. 04-NĐ159-11	||| Request letter (for district and provincial levels)
Decision on Implementation of Retirement Benefits (for Military Region Command and Hanoi Capital Military Command)	Form No. 06-NĐ159-11
Letter of Request (for Military Region Command and Hanoi Capital Military Command)	Form No. 07-NĐ159-11
Decision on Implementation of Retirement Benefits by the Social Insurance of the Military	||| Decision on Retirement Benefits of the Social Insurance Department of the Ministry of National Defense
Decision on Implementation of One-Time Allowance by the Social Insurance of the Military	||| Decision on One-Time Allowance Benefits of the Social Insurance Department of the Ministry of National Defense

Form No. 01-NĐ159-11

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

APPLICATION FOR RETIREMENT BENEFITS

||| Pursuant to Decree No.

||| 159/2006/NĐ-CP dated December 28, 2006 and Decree No. 11/2011/NĐ-CP dated January 30, 2011 of the Government

||| Respectfully submitted:đổ||| (1) .........................................................................

My name is: ............................................................................................ Male/Female: .......................

I solemnly declare that the above statements are true and I am willing to take responsibility under the law for my declarations. ...............................................................................................................

Personal identification number (ID card) ..................................................................................

Place of Origin: ...

Permanent Residence: ...

Recruitment date: .../.../…; enlistment date: …/…/…

Discharge date; termination of service; transfer to civilian sector (for those transferred to civilian sector or civil servants); or completion of imprisonment sentence (for those imprisoned); or transfer to rehabilitation center for war invalids: …/…/…

Discharge, demobilization, resignation, transfer to civilian status (for those transferred to civilian status or civil servants); or completion of imprisonment sentence (for those imprisoned); or transfer to a veteran care center: …/…/…

Total working time: …years …months; including military service time …years …months.

Already received policy benefits: (2)…

Already received policy: (2) …

I hereby submit this application requesting relevant authorities to consider and decide to grant me monthly retirement benefits in accordance with Decree No. 159/2006/NĐ-CP and Decree No. 11/2011/NĐ-CP.

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

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

I submit this application requesting consideration and decision to grant me monthly retirement benefits according to Decree No. 159/2006/NĐ-CP and Decree No. 11/2011/NĐ-CP.

..., day ... month ... year ... APPLICANT (Signature, full name)

Note:

(1) - People's Committee of the commune (ward) where the applicant resides

(2) - Discharged, demobilized, resigned, disabled; one-time or monthly allowance according to Decision No. 142/2008/QĐ-TTg dated October 27, 2008 of the Prime Minister.

Form No. 02-NĐ159-11

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

APPLICATION FOR ONCE-OFF BENEFIT

||| Pursuant to Decree No.

||| 159/2006/NĐ-CP dated December 28, 2006 and Decree No. 11/2011/NĐ-CP dated January 30, 2011 of the Government

Respected: (1) ..........................................................

My name is: ...................................................................................... Year of birth: ..............................

Personal identification number (ID card) ....................................................................................

Place of Origin: ...

Permanent Residence: ...

Relationship with the beneficiary declared below: ...

Relatives of the subject include: ...

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

Name of the applicant: …; year of birth: …; Male/Female: …

Recruitment date: enlistment date:

Discharge date; termination of service; transfer to civilian sector (for those transferred to civilian sector or civil servants); or completion of imprisonment sentence (for those imprisoned); or transfer to rehabilitation center for war invalids: …/…/…

Discharge, demobilization, resignation, transfer to civilian status (for those transferred to civilian status or civil servants); or completion of imprisonment sentence (for those imprisoned); or transfer to a veteran care center: …/…/…

Total working time: …years …months; including military service time …years …months.

Already received benefit: (2) …

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

Died on …day …month …year …at commune (ward) …district …province (city) …

I submit this application requesting consideration and resolution to grant one-time benefits for Mr./Mrs. …according to Decree No. 159/2006/NĐ-CP and Decree No. 11/2011/NĐ-CP.

I hereby submit this application requesting relevant authorities to consider and decide to grant me monthly retirement benefits in accordance with Decree No. 159/2006/NĐ-CP and Decree No. 11/2011/NĐ-CP.

…, day … month … year …….

…, day ... month ... year ... APPLICANT (Signature, full name)

Note:

(1) - People's Committee of the commune (ward) where the applicant resides

(2) - Discharged, demobilized, resigned, disabled.

Form No. 03-NĐ159-11

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

Regarding the application for one-time benefit under Decree No. 159/2006/NĐ-CP and Decree No. 11/2011/NĐ-CP of the Government

Regarding the declaration of entitlement to one-time benefits under Decree No.

||| 159/2006/NĐ-CP and Decree No. 11/2011/NĐ-CP of the Government

Respectfully submitted to: People's Committee of the commune (ward) …district …province (city) …

My name is: ................................................................ Year of birth: .................................................

Personal identification number (ID card) …

Place of Origin: ...

Permanent Residence: ...

Occupation: …

I am …of Mr./Mrs. …who is eligible for one-time benefits according to Decree No. 159/2006/NĐ-CP and Decree No. 11/2011/NĐ-CP.

Now I authorize Mr./Mrs. …to act on behalf of …

Residing at commune (ward) …district (city) …province (city) …

CONFIRMATION BY THE COMMUNE (DISTRICT) PEOPLE'S COMMITTEE

(State clearly the position, name, sign and stamp) …, day … month … year ……

…, day ... month ... year ... Re: Implementation of Decree No. 159/2006/NĐ-CP and Decree No. 11/2011/NĐ-CP (Signature, full name)

Form No. 04-NĐ159-11

.................... ................(1)	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
No.: .../CV Regarding the implementation of the provisions of Decree No. ||| 159/2006/NĐ-CP and Decree No. 11/2011/NĐ-CP	.........on ......... the ......... year .........

Based on Decree No. 159/2006/NĐ-CP dated December 28, 2006 and Decree No. 11/2011/NĐ-CP dated January 30, 2011 of the Government; Joint Circular No. 69/2007/TTLT-BQP-BLĐTBXH-BTC dated April 16, 2007, Joint Circular No. 190/2011/TTLT-BQP-BLĐTBXH-BTC dated November 7, 2011 of the Ministry of National Defense, Ministry of Labor, Invalids and Social Affairs, Ministry of Finance, Circular No. /2024/TT-BQP dated /2024 of the Minister of National Defense;

Pursuant to Decree No. 159/2006/NĐ-CP dated December 28, 2006 and Decree No. 11/2011/NĐ-CP dated January 30, 2011 of the Government; Joint Circular No. 69/2007/TTLT-BQP-BLĐTBXH-BTC dated April 16, 2007, Joint Circular No. 190/2011/TTLT-BQP-BLĐTBXH-BTC dated November 7, 2011 of the Ministry of National Defense, Ministry of Labor, Invalids and Social Affairs, Ministry of Finance, Circular No. /2024/TT-BQP dated /2024 of the Minister of National Defense;

Mr./Mrs. …born in…

Mr./Mrs. …born in …

Place of Origin: ...

Permanent Residence: ...

Is an eligible recipient of the benefit (3) …as prescribed in Decree No. 159/2006/NĐ-CP and Decree No. 11/2011/NĐ-CP.

Attached documents include:

-

-

-

(1) Proposing authority.

Place of Receipt: - (2); - To be filed with the Archives.

HEAD OF THE UNIT (State position, full name, sign, stamp)

_______________

(2) Direct superior authority.

(3) Monthly pension or one-time benefit.

This form is used for

This form is for district and provincial levels.

Decision on Implementation of Retirement Benefits (for Military Region Command and Hanoi Capital Military Command)

MINISTRY OF NATIONAL DEFENSE COMMAND OF MILITARY REGION... -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: …/QĐ-159-11	.....on ..... the ..... Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;.....

Pursuant to …;

Pursuant to Decree No. 159/2006/NĐ-CP dated December 28, 2006 and Decree No. 11/2011/NĐ-CP dated January 30, 2011 of the Government regarding the implementation of retirement benefits for military personnel directly participating in the resistance against the United States to save the country from April 30, 1975 or earlier who have served 20 years or more in the military and have been discharged or demobilized;

MILITARY COMMAND HEADQUARTERS

Pursuant to Decree No. 159/2006/NĐ-CP dated December 28, 2006 and Decree No. 11/2011/NĐ-CP dated January 30, 2011 of the Government concerning the implementation of retirement benefits for military personnel directly participating in the anti-American war to save the country before April 30, 1975 who have served twenty years or more in the military and have been discharged or demobilized;

Pursuant to Joint Circular No. 69/2007/TTLT-BQP-BLĐTBXH-BTC, Joint Circular No. 190/2011/TTLT-BQP-BLĐTBXH-BTC dated November 7, 2011 of the Ministry of National Defense, Ministry of Labor, Invalids and Social Affairs, Ministry of Finance, Circular No. /2024/TT-BQP dated /2024 of the Minister of National Defense;

Mr./Mrs. …

DECISION:

Article 1. Recruitment date: …/…/…; induction date: …/…/…

Date of birth: …

Place of Origin: ...

Permanent Residence: ...

Recruitment date: …/ …/ …; enlistment date: …/ …/ …

Demobilization date: …/ …/ …; re-enlistment date: …/ …/ …

Discharge, demobilization, transfer to civilian status, resignation …

Rank: …; position: …

Salary level …

Unit: ....

Total contributory period for social insurance: …years …months.

Now entitled to monthly retirement benefits from …month …year …

Article 2. The retirement benefit of Mr./Mrs. ... shall be settled by the Social Insurance under the Ministry of National Defense in accordance with Decree No. 159/2006/ND-CP and Decree No. 11/2011/ND-CP.

Article 3. Heads of related agencies and individuals named above are responsible for implementing this decision./.

Article 4. - Social Insurance of the Military

Place of Receipt: Number:.../CV-159 - Social Insurance/MoND; - Social Insurance of the province...; Number: …/CV-159-11 - To be filed ...

Based on the file of the subject and the request of competent authorities,

Letter of Request (for Military Region Command and Hanoi Capital Military Command)

(with list and attached documents) (1) Monthly pension or once-off benefit -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Respected: Social Insurance of the Military Regarding the implementation of the provisions of Decree No. ||| 159/2006/NĐ-CP and Decree No. 11/2011/NĐ-CP	... on ... the ... Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;...

Respectfully submitted to: Social Insurance under the Ministry of National Defense.

Pursuant to Decree No. 159/2006/ND-CP dated December 28, 2006 and Decree No. 11/2011/ND-CP dated January 30, 2011 of the Government; Circular Joint No. 69/2007/TTLT-BQP-BLDTBXH-BTC, Circular Joint No. 190/2011/TTLT-BQP-BLDTBXH-BTC dated November 7, 2011 of the Ministry of National Defense, the Ministry of Labor, Invalids and Social Affairs, the Ministry of Finance, Circular No. /2024/TT-BQP dated month day 2024 of the Minister of National Defense;

Regarding the enjoyment of retirement benefits under Decree No. 159/2006/NĐ-CP

The Political Department of Military Region ... requests the Social Insurance under the Ministry of National Defense to settle the benefit (1) ... for the relevant subject in accordance with Decree No. 159/2006/ND-CP and Decree No. 11/2011/ND-CP.

This form is used for Military Region Command and Hanoi Capital Military Command.

Place of Receipt: - As above; - File.

HEAD (Signature, full name, stamp)

_______________

(1) Monthly pension or one-time benefit

Number: ……/QĐ-HT

Decision on Implementation of Retirement Benefits by the Social Insurance of the Military

MINISTRY OF NATIONAL DEFENSE SOCIAL INSURANCE -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
No.: …/QD-HT	Hanoi, on the …day of the …month of …20...

On the implementation of monthly retirement benefits

Pursuant to …;

Pursuant to Decree No. 159/2006/NĐ-CP dated December 28, 2006 and Decree No. 11/2011/NĐ-CP dated January 30, 2011 of the Government;

DIRECTOR OF THE SOCIAL INSURANCE UNDER THE MINISTRY OF NATIONAL DEFENSE

Pursuant to Decree No. 159/2006/NĐ-CP dated December 28, 2006, and Decree No. 11/2011/NĐ-CP dated January 30, 2011 of the Government;

Pursuant to Joint Circular No. 69/2007/TTLT-BQP-BLĐTBXH-BTC, Joint Circular No. 190/2011/TTLT-BQP-BLĐTBXH-BTC dated November 7, 2011 of the Ministry of National Defense, Ministry of Labor, Invalids and Social Affairs, Ministry of Finance, Circular No. /2024/TT-BQP dated /2024 of the Minister of National Defense;

BASED ON THE RECORDS FOR SETTLING THE RETIREMENT BENEFITS REGIME FOR MR. (MRS.) …

DECISION:

Article 1. Mr./Mrs. …Male/Female …; Date of Birth: …/…/…

Rank and position at time of discharge, demobilization, transfer, resignation: …

Unit: ....

Recruitment date: …/ …/ …; enlistment date: …/ …/ …

Demobilization date: …/ …/ …; re-enlistment date: …/ …/ …

Discharge, demobilization, transfer to civilian status, resignation …

Total length of service counted for social insurance benefits is: …years …months; including:

- Time served in the armed forces: …years …months.

- Time counted as military age: …years …months.

- Other time: …years …months.

Average monthly salary and wage used as basis for calculating pension: …VND.

Percentage rate for calculating pension: …

Entitled to retirement benefits from the date …month …year …

Article 2. THE AMOUNT OF RETIREMENT BENEFITS IS AS FOLLOWS:

a) ONE-TIME AREA ALLOWANCE (IF APPLICABLE): …DONG; INCLUDING:

NATIONAL BUDGET GUARANTEES: …DONG; SOCIAL INSURANCE FUND GUARANTEES: …DONG.

b) One-time allowance upon retirement (if applicable): …x …months = …VND.

Total amount of one-time allowance (a ÷ b): …VND.

(In words: ..............................................................................................................................)

Place of receipt: …

c) Monthly pension: …x …% = …VND.

(In words: ............................................................................................................)

Place of receiving pension: …

Article 3. Director of the Policy Department of the Social Insurance under the Ministry of National Defense, Heads of related units and the person named above are responsible for implementing this Decision./.

Place of Receipt: Number:.../CV-159 - Social Insurance of the province...; - Provincial Military Command...; Number: …/CV-159-11 - To be filed: Social Insurance MoND

DIRECTOR

Decision on Implementation of One-Time Allowance by the Social Insurance of the Military

MINISTRY OF NATIONAL DEFENSE SOCIAL INSURANCE -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: …/QĐ-159-11	Hanoi, the ... day of ... month of 20...

ONE-TIME ALLOWANCE-NĐ159-11

Pursuant to …;

REGARDING THE RECEIPT OF ONE-TIME ALLOWANCE

DIRECTOR OF THE SOCIAL INSURANCE UNDER THE MINISTRY OF NATIONAL DEFENSE

Pursuant to Decree No. 159/2006/NĐ-CP dated December 28, 2006, and Decree No. 11/2011/NĐ-CP dated January 30, 2011 of the Government;

Pursuant to Joint Circular No. 69/2007/TTLT-BQP-BLĐTBXH-BTC, Joint Circular No. 190/2011/TTLT-BQP-BLĐTBXH-BTC dated November 7, 2011 of the Ministry of National Defense, Ministry of Labor, Invalids and Social Affairs, Ministry of Finance, Circular No. /2024/TT-BQP dated /2024 of the Minister of National Defense;

Based on the application for settlement of one-time allowance for the relatives of Mr./Mrs. ... who passed away on …day of …month of …

DECISION:

Article 1. Mr./Mrs. …is the …of Mr./Mrs. …with Social Insurance number …

Rank and position at time of discharge, demobilization, transfer, resignation: …

Unit: ....

Recruitment date: …/ …/ …; enlistment date: …/ …/ …

Demobilization date: …/ …/ …; re-enlistment date: …/ …/ …

Discharge, demobilization, transfer to civilian status, resignation …

Total length of service in the military until the month …year …is …years …months.

RECEIVED BY THE RELATIVES:

a) ONE-TIME AREA ALLOWANCE (IF APPLICABLE): …DONG; INCLUDING:

NATIONAL BUDGET GUARANTEES: …DONG; SOCIAL INSURANCE FUND GUARANTEES: …DONG.

b) ONE-TIME ALLOWANCE: 3,600,000 DONG (THREE MILLION SIX HUNDRED THOUSAND DONG).

TOTAL AMOUNT OF ONE-TIME ALLOWANCE (A+B): …DONG.

(In words: ................................................................................................)

Place of receiving allowance: …

Article 2. Director of the Policy Department of the Social Insurance under the Ministry of National Defense, Heads of related units and the person named above are responsible for implementing this Decision./.

Place of Receipt: Number:.../CV-159 - Military Region...; - Provincial Military Command...; Number: …/CV-159-11 - To be filed: Social Insurance MoND

DIRECTOR