Joint Circular No. 102/2012/TTLT-BQP-BLDTBXH-BTC guides the implementation of benefits for military personnel and civilian personnel working in confidential services who are paid like military personnel and public security officers participating in wars to protect the country, international missions in Cambodia, and assistance to Laos after April 30, 1975, with at least 20 years of service in the military or confidential services and have been retired, discharged, or resigned.

JOINT CIRCULAR

Guidelines for implementing certain benefits for military personnel, individuals engaged in confidential work receiving salaries equivalent to those of military personnel, and public security personnel who participated in the war to protect the country, international missions in Cambodia, and assistance to Laos after April 30, 1975, with at least 20 years of service in the military or confidential work, and have been retired, discharged, or left their positions.specialized agency under the People's Committee of the province/city.

Pursuant to Decision No. 257/2006/QĐ-TTg dated November 9, 2006 of the Prime Minister promulgating regulations on frequency band allocation for economic and social purposes, national defense, and security;

Pursuant to Decree No. 186/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids and Social Affairs;

Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

To implement Clause 1, Article 8 of Decree No. 23/2012/NĐ-CP dated April 3, 2012 of the Government stipulating certain benefits for individuals who participated in the war to protect the country, international missions in Cambodia, and assistance to Laos after April 30, 1975, with at least 20 years of service in the military or public security, and have been retired, discharged, or left their positions (hereinafter referred to as Decree No. 23/2012/NĐ-CP).

The Ministers of National Defense, Labor, Invalids and Social Affairs, and Finance hereby issue this Circular guiding the implementation of certain benefits for military personnel, individuals engaged in confidential work receiving salaries equivalent to those of military personnel, and public security personnel who participated in the war to protect the country, international missions in Cambodia, and assistance to Laos after April 30, 1975, with at least 20 years of service in the military or confidential work, and have been retired, discharged, or left their positions,

Article 1. Scope of Regulation and Applicability

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Circular guides the implementation of retirement benefits, lump-sum allowances, health insurance, and funeral expenses for individuals directly participating in the war to protect the country on the southwestern border, northern border, international missions in Cambodia, and assistance to Laos (hereinafter collectively referred to as individuals directly participating in the war to protect the country and international missions) after April 30, 1975 within the scope and time frame specified in Article 3 of Decree No. 23/2012/NĐ-CP, with at least 20 years of service in the military or confidential work, and have been retired, discharged, or left their positions.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

This Circular applies to officers, non-commissioned officers, and soldiers belonging to the People's Army (referred to as military personnel); individuals engaged in confidential work receiving salaries equivalent to those of military personnel and public security personnel (referred to as confidential workers), conscripted or recruited after April 30, 1975, directly participating in the war to protect the country, international missions, with at least 20 years of service in the military or confidential work, and currently not under monthly retirement benefits, disability benefits, or veteran benefits, including the following cases:

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

b) War invalids with a labor capacity reduction of 81% or more undergoing rehabilitation at war invalids rehabilitation centers or returning home from such centers;

c) Military personnel or confidential workers who received a decision to change careers before April 1, 2000 but were unable to implement the career benefits or have left military service and returned to their hometowns without having their discharge, retirement, or termination benefits resolved;

d) Military personnel or confidential workers who have already been granted discharge, retirement, or termination benefits before being sent abroad for international cooperation labor or were dispatched by units for international cooperation labor and returned home before April 1, 2000 and have already been granted discharge, retirement, or termination benefits.

3. Subjects not applicable

This Circular does not apply to the following individuals:

a) Individuals who do not meet the conditions stipulated in Clause 2 of this Article;

b) Subjects currently receiving retirement benefits or working and receiving salaries from the state budget who have joined mandatory social insurance or are currently receiving disability benefits or monthly war veteran benefits;

c) Deserters, surrenders, traitors, or those who responded to recruitment;

d) Those violating the law and serving a prison sentence, life imprisonment, or have been convicted of a crime endangering national security and have not yet had their criminal record expunged; those whose military titles have been revoked or forced to leave their positions;

đ) Those who illegally left the country, are residing illegally abroad, or have been declared missing by a court;

e) Military personnel conscripted before April 30, 1975;

g) Individuals guided in Clause 2 of this Article who have passed away but have no spouse or children; biological parents or legally recognized guardians.

Article 2. Retirement System

1. The actual working time in the military or cryptologic service with social insurance contributions made or deemed to have been made for the purpose of calculating retirement benefits includes: time as an officer, professional soldier, non-commissioned officer, soldier, defense civil servant, cryptologic worker (including time working in the people's public security force before transferring to the military or cryptologic service, if applicable). If there are interruptions in this working period, they will be accumulated.

For cases where individuals transfer to work in agencies, units, organizations outside the military or cryptologic service and then cease employment before January 1, 1995, or have been demobilized, discharged, ceased employment for international cooperative labor, or were dispatched for international cooperative labor and then demobilized, discharged, or ceased employment, or are war invalids undergoing rehabilitation at heavy war invalids rehabilitation teams managed by the Ministry of Labor, Invalids, and Social Affairs, the working time outside the military or cryptologic service, time spent on international cooperative labor, and time spent in rehabilitation at heavy war invalids rehabilitation teams managed by the Ministry of Labor, Invalids, and Social Affairs shall not be counted towards retirement benefits according to the guidelines set forth in this Circular.

Example 1: Mr. Nguyen Van A was recruited into the public security forces in May 1975, transferred to the military in April 1978, and was discharged in September 1980; re-enlisted in February 1982 (served in Cambodia from February 1982 to August 1989), and was demobilized back to his place of origin as of January 1, 2000. According to regulations, Mr. A's working time in the military and public security forces that can be counted towards retirement benefits is 23 years and 4 months (from May 1975 to September 1980; from February 1982 to December 1999).

Example 2: Mr. Tran Cong K was conscripted in August 1975 (participated in combat in the Southwest border from November 1975 to January 7, 1979), transferred to defense civil servants in September 1979; transferred to the Cryptologic Agency under the Government Office in January 1993 with pay equivalent to that of military personnel; transferred to the Ministry of National Defense in January 1995; ceased service in December 1996 and received demobilization benefits. According to regulations, Mr. K's working time in the military and cryptologic service that can be counted towards retirement benefits is 21 years and 5 months (from August 1975 to December 1996).

2. The monthly pension amount for the subjects specified in Clause 2, Article 1 of this Circular is calculated based on the actual number of years served in the military or cryptologic service. The pension amount and the average monthly salary used as the basis for social insurance contributions are implemented as follows:

a) Pension amount: for every 15 years, it is calculated as 45% of the average monthly salary for social insurance contributions; thereafter, for each additional year of contributions, an additional 3% is added for women and 2% for men. The maximum monthly pension amount is 75% of the average monthly salary for social insurance contributions.

In cases where the subject is entitled to subsistence allowance, the monthly pension amount shall be calculated as one month's minimum wage as prescribed by the Government for each period.

b) When calculating the monthly pension amount, if there are less than three months remaining, they are not counted; from three to six months, it is calculated as half (1/2) of the annual contribution benefit; from more than six months up to twelve months, it is calculated as the full annual contribution benefit.

Example 3: Mr. Nguyen Van A, as mentioned in Example 1, has a working time in the military and public security forces that can be counted towards retirement benefits of 23 years and 4 months. According to regulations, the calculation of the percentage of Mr. A's pension is as follows:

- 15 years = 45%;

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

- Four months remainder counted (1/2 year) additionally: 2% x 0.5 = 1%;

- Mr. A's pension rate is: 45% + 16% + 1% = 62%.

c) The average monthly salary for the last five years (60 months) before demobilization, discharge, cessation of employment, transfer to another profession, or transfer to a war invalids rehabilitation team under the management of the Ministry of Labor, Invalids, and Social Affairs, or before going abroad for international cooperative labor, is used to calculate the monthly pension amount.

d) The monthly salary for social insurance contributions for the last five years includes: salary according to rank, grade, and various allowances for seniority and leadership positions (if any) converted into corresponding salary coefficients as stipulated in Decree No. 204/2004/ND-CP dated December 14, 2004, of the Government regarding salary systems for officials, civil servants, employees, and armed forces. The salary coefficient for the rank of Sub-Lieutenant is 3.90; the minimum salary for calculating pensions for the subject from January 1, 2012, is 830,000 VND/month, when the Government adjusts pensions, these subjects will also be adjusted accordingly.

Example 4: Mr. Nguyen Van A, as mentioned in Example 1, receives retirement benefits from January 1, 2012; the salary development over the last five years (60 months) of Mr. A is as follows:

- From January 1995 to December 1995, 12 months, rank of Major, converted according to Decree No. 204/2004/ND-CP salary coefficient: 5.40; position: 0.5; seniority: 19%,

830,000 VND x (5.40 + 0.5) x 1.19 x 12 months = 69,929,160 VND.

- From January 1996 to December 1999, 48 months, rank of Lieutenant Colonel, converted according to Decree No. 204/2004/ND-CP salary coefficient: 6.0; position: 0.5; seniority: 23%,

830,000 VND x (6.0 + 0.5) x 1.23 x 48 months = 318,520,800 VND.

The salary basis for calculating Mr. A's pension is:

(69,929,160 VND + 318,520,800 VND) / 60 months = 6,474,166 VND/month.

- Mr. A's monthly pension from January 1, 2012, to April 30, 2012, is: 6,474,166 VND x 62% = 4,013,983 VND/month;

- From May 1, 2012, Mr. A's pension was adjusted (increased by 26.5%) according to Decree No. 35/2012/ND-CP dated April 18, 2012, of the Government is:

4,013,983 VND/month x 26.5% = 5,077,688 VND/month.

e) In cases where the time receiving salary is less than five years (less than 60 months), the monthly salary basis for calculating the pension is the average of the total number of months receiving salary.

Example 5: Mr. Nguyen Van B was conscripted in February 1978, demobilized on July 1, 1998, with 20 years and 5 months of service in the military (promoted to Second Lieutenant in July 1994; promoted to Sergeant in July 1996).

- From July 1994 to June 1996, 24 months, rank of Second Lieutenant, converted according to Decree No. 204/2004/ND-CP salary coefficient: 4.20; seniority: 18%,

830,000 VND x 4.20 x 1.18 x 24 months = 98,723,520 VND.

- From July 1996 to June 1998, which is 24 months, at the rank of Captain, according to Decree No. 204/2004/NĐ-CP, salary coefficient: 4.60; seniority: 20%, 830,000 VND x 4.60 x 1.20 x 24 months = 109,958,400 VND.

(98,723,520 VND + 109,958,400 VND) ÷ 48 months = 4,347,540 VND/month.

The salary basis for calculating Mr. A's pension is:

e) In individual cases where the subject's file only proves the last military rank or final salary before discharge, retirement, resignation, or transfer, the time spent holding the military rank shall be applied according to the Law on Military Officers of the Vietnam People's Army (1999) or the time spent holding the salary grade according to the State regulations to determine the salary progression over the last five years and convert it into the corresponding salary coefficient stipulated in Decree No. 204/2004/NĐ-CP for calculating the pension.

Article 3. One-time allowance and health insurance, funeral expenses regime

1. The subjects guided in Point a, Point c, and Point d Clause 2 Article 1 of this Circular who passed away before January 1, 2012, including those who passed away while still serving or working, one of the following relatives of the subject shall receive a one-time allowance of 3,600,000 VND: spouse; biological or adopted child; biological father or mother or legal guardian.

2. The subjects guided in Clause 2 Article 1 of this Circular, if they pass away after January 1, 2012, one of the following relatives of the subject shall receive back the pension from January 1, 2012 to the month of the subject's death: biological or adopted child; biological father or mother or legal guardian.

3. The subjects guided in Clause 2 Article 1 of this Circular, if not yet enjoying health insurance benefits, shall enjoy health insurance benefits according to the laws on health insurance; upon passing away, the person handling the funeral shall receive funeral expenses, and the relative shall receive monthly or one-time survivor's allowance and other policies as pensioners under current laws on social insurance.

The funding for monthly pensions, one-time allowances, health insurance, survivor's allowance, and funeral expenses shall be guaranteed by the central budget. The Ministry of Finance shall transfer to the Vietnam Social Security to implement these payments.

Article 4. Source of Funding

Article 5. Documents for reviewing entitlement to benefits

1. Documents serving as the basis for reviewing entitlement to benefits include original documents or documents considered equivalent to original documents or related documents, specifically:

Decision on discharge, retirement, resignation, or transfer to another job in a confidential organization or transfer to defense civil servants, decision of the competent authority to send abroad for international cooperation labor; military personnel record, cadre and civil servant record, cadre record, or summary of 63 items for officers; party member record; registration form for discharge, retirement, or specialized allowance; social insurance book (if available); decision to issue disability certificate and allowance or extract from disability file (for disabled veterans).

Certificate of work history issued by the former agency or unit before the military personnel or confidential personnel were discharged, retired, transferred, or resigned, signed and stamped by the head of the agency or unit at the level of Regiment or higher according to the management hierarchy of the subject before discharge, retirement, resignation, or being sent abroad for international cooperation labor, transfer, or transfer to defense civil servants; accompanied by a copy of the subject's file or list of registered and managed subjects that the agency or unit currently stores as the basis for certification; for subjects still having original documents or files at the former unit, the former unit shall issue them again according to the current laws on notarization and authentication. In case the former agency or unit has been merged or dissolved, the newly established agency or unit after merger or the direct superior agency of the dissolved unit shall confirm and issue.

The documents serving as the basis for reviewing entitlement to benefits mentioned above (including originals or certified copies by the competent authority) must prove the correct subject, meet the conditions for entitlement to benefits as guided in Clause 2 Article 1 of this Circular and Article 3 of Decree No. 23/2012/NĐ-CP; identify the month and year of enlistment, re-enlistment, recruitment, discharge, retirement, resignation, going abroad for international cooperation labor, transfer, or transfer to defense civil servants, actual working time in the military or confidential organizations.

2. Documents for reviewing entitlement to retirement benefits

a) For subjects or relatives of subjects who passed away after January 1, 2012, prepare one set of documents, including:

- Application form of the subject or relative (Form No. 01, original);

- One or more documents serving as the basis for reviewing entitlement to benefits as guided in Clause 1 of this Article.

For cases guided in Clause 2 Article 1 of this Circular who were sentenced to imprisonment but have completed their sentences and returned to the locality without being processed for discharge, retirement, or resignation, supplement with a certificate of completion of imprisonment sentence (original or certified copy by the competent authority). For cases sentenced to imprisonment before January 1, 1995, who have completed their sentences and returned to the locality without being processed for benefits, the Ministry of Defense will consider the degree of violation and contribution of each specific case to examine and apply the retirement policy according to Decree No. 23/2012/NĐ-CP after coordinating with the Ministry of Labor, Invalids, and Social Affairs.

b) For all levels: review and complete the documents according to the guidance in Clause 2 Article 6 of this Circular, the documents include five sets (Vietnam Social Security 1 set; Social Security of province or city 1 set; Social Security of the Ministry of National Defense 1 set; Provincial or Municipal Military Command, Capital Military Command 1 set; individual subject 1 set).

3. Documents for reviewing entitlement to one-time allowance

a) Relatives of subjects who passed away before January 1, 2012, prepare one set of documents, including:

- Application form of the relative (Form No. 02, original);

- One certificate (original or certified copy); one power of attorney (if any) (Form No. 03, original).

- One original or certified copy of the certificate; one original power of attorney if applicable (Form No. 03, original).

For cases guided in Clause 2 Article 1 of this Circular who were sentenced to imprisonment but have completed their sentences and returned to the locality without being processed for discharge, retirement, or resignation, supplement with a certificate of completion of imprisonment sentence (original or certified copy by the competent authority). For cases sentenced to imprisonment before January 1, 1995, who have completed their sentences and returned to the locality without being processed for benefits, the Ministry of Defense will consider the degree of violation and contribution of each specific case to examine and apply the retirement policy according to Decree No. 23/2012/NĐ-CP after coordinating with the Ministry of Labor, Invalids, and Social Affairs.

b) For each level: review and complete the file in accordance with the guidance provided in Clause 2, Article 6 of this Circular, the file includes five sets (one set for the Vietnam Social Security; one set for the Social Security of the province/city; one set for the Social Security of the Ministry of National Defense; one set for the Military Command of the province/city, the Military Command of Hanoi Capital Command; one set for the individual beneficiary).

Article 6. Procedures and Responsibilities for Implementation

1. The beneficiaries and their dependents who are entitled to retirement benefits or one-time allowance shall submit the application to the People's Committee of the commune where they are registered as permanent residents, in batches, on the first day of the first week of each quarter; the number of sets of files shall be one set in accordance with the guidance provided at Point a, Clause 2, and Point a, Clause 3, Article 5 of this Circular.

2. The procedures, responsibilities, and time limits for reviewing at each level shall be carried out as follows:

a) For the People's Committee of the Commune

Within seven working days from the date of receipt of the complete application of the beneficiary (in batches), complete the consolidation and preparation of the file of military personnel and telegraph officers to report to the Military Command of the district.

b) For the Military Command of the District

Within seven working days from the date of receipt of the complete file (in batches), complete the review, consolidation, and reporting to the Military Command of the province (Form No. 04).

c) For the Military Command of the Province

Within seven working days from the date of receipt of the complete file (in batches), complete the review, completion of the file (five sets), and reporting to the Military Zone Command (through the Political Department) (Form No. 04).

d) For the Military Zone Commands and the Military Command of Hanoi Capital

Within ten working days from the date of receipt of the complete file (in batches), complete the examination, issue the Decision on the implementation of retirement benefits (Form No. 05), and the letter of recommendation (Form No. 06), and transfer to the Social Security of the Ministry of National Defense.

đ) For the Social Security of the Ministry of National Defense

- Within thirty working days from the date of receipt of the complete file (in batches), complete the review, finalize the procedures, issue the decision on the retirement benefit (Form No. 07) or one-time allowance (Form No. 08) and other required documents for military personnel and telegraph officers, and transfer to the Vietnam Social Security for implementation;

- Retain the file for the benefit claim and transfer the file to relevant agencies, units, and individuals as prescribed.

3. Responsibilities of Functional Agencies under the Ministry of National Defense

a) Policy Department/Political General Staff

Take the lead and coordinate with functional agencies to direct the implementation, inspect the execution of benefits and policies for beneficiaries as stipulated in this Circular; coordinate to resolve any difficulties and issues arising during the organization and implementation.

b) Personnel Directorate/Political Bureau; Military Affairs Directorate/General Staff Department

Direct agencies and units under their management level to confirm the service record in the military for beneficiaries as prescribed, ensuring strictness and accuracy; direct the personnel and military departments of subordinate units to accept, review applications, report to the Social Security of the Ministry of National Defense as prescribed; coordinate to direct, inspect, and resolve any difficulties and issues arising during the organization and implementation.

c) Finance Directorate/Ministry of National Defense

Coordinate with functional agencies to guide, inspect, and resolve any difficulties and issues arising during the organization and implementation.

Article 7. Implementation Organization

1. The Ministry of National Defense

a) Coordinate with related ministries and sectors to direct, guide, inspect agencies, units, and localities in implementing the benefits as stipulated in this Circular;

b) Lead and coordinate to resolve any difficulties and issues arising during the organization and implementation within the scope of management of the Ministry of National Defense.

2. The Ministry of Labor, Invalids, and Social Affairs

a) Coordinate with the Ministry of National Defense and the Ministry of Finance to guide, inspect, and resolve any difficulties and issues arising during the implementation;

b) Guide the adjustment of monthly pension according to the regulations of the Government for military personnel and telegraph officers who have been receiving pensions as stipulated in this Circular.

3. Ministry of Finance

a) Allocate annual budget to implement the benefits and policies prescribed in Decree No. 23/2012/ND-CP and this Circular in accordance with the laws on state budget;

b) Coordinate with the Ministry of National Defense and the Ministry of Labor, Invalids, and Social Affairs to guide, inspect, and resolve any difficulties and issues arising during the implementation.

4. Vietnam Social Security

Guide the Social Security of provinces and centrally-administered cities to accept the application for retirement benefits and one-time allowance transferred by the Social Security of the Ministry of National Defense; pay monthly pension, one-time allowance, and other benefits to those entitled to retirement benefits as stipulated in this Circular.

Article 8. Effective Date

1. This Circular takes effect from December 15, 2012.

2. The monthly retirement benefit stipulated in this Circular shall take effect from January 1, 2012.

3. When receiving monthly retirement benefits, the beneficiary does not need to return the demobilization, discharge, or resignation allowance already received.

4. In cases where the beneficiary has served in both the People's Army, the Telegraph Service, and the Public Security Force, the last working unit shall be responsible for handling the demobilization, discharge, or resignation allowance, accepting the application, and resolving the retirement benefit or one-time allowance for the beneficiary as prescribed; for telegraph officers, the military shall handle the application and resolve the benefit as prescribed.

During the implementation process, if there are any difficulties, please reflect them to the joint ministry (through the Policy Department of the Ministry of National Defense) for consideration and resolution./