Decree No. 11/2011/NĐ-CP amending and supplementing certain articles 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, who have served at least 20 years in the military and have been discharged or demobilized.

DECREE

Amending and supplementing some articles 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 the United States to save the country from April 30, 1975

onwards with at least 20 years of service who have been demobilized or dischargedimplement the retirement system

concerning the retirement system

for military personnel directly participating in the resistance war against the United States to save the country from April 30, 1975 onwards with at least 20 years of service who have been demobilized or discharged

for those who have been demobilized or discharged from military service

__________________________

THE GOVERNMENT

  Pursuant to the Law on Government Organization dated December 25, 2001;

Considering the proposal of the Minister of National Defense and the Minister of Public Security,

DECREE

Article 1.Amending and supplementing some articles 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 the United States to save the country from April 30, 1975:

1. Market management agencies at all levels include: the Department of Domestic Market Management and Development under the Ministry of Industry and Trade; the Market Management Business Unit under the Department of Domestic Market Management and Development; the Market Management Sub-department under the Department of Industry and Trade of provinces and centrally-administered cities; and the Market Management Team under the Market Management Sub-department.

“Article 2.

1. The subjects entitled to the monthly retirement benefits prescribed in Article 1 of this Decree are military personnel enlisted before April 30, 1975 with at least 20 years of service in the military, currently not receiving retirement benefits, disability benefits, or monthly veteran benefits, 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 civilian defense employees and then ceased employment before January 1, 1995; having a transfer decision made before April 1, 2000 but unable to implement it, or military personnel returned to their home areas without being processed for demobilization or discharge;

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

Subjects prescribed in Clause 1 of this Article shall not be entitled to the benefits prescribed in this Decree if they fall into 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) Having illegally left the country or declared missing by a court.”

2. Amending and supplementing Clause 2 of Article 4 as follows:

“2. Military personnel meeting the conditions to receive monthly retirement benefits as stipulated in point a, Clause 1, Article 2 of this Decree who passed away before January 1, 2007, and those meeting the conditions as stipulated in points c and d, Clause 1, Article 2 of this Decree who passed away before April 1, 2011 shall have their primary dependents receive a one-time benefit of VND 3,600,000.”

3. Supplement Article 7a as follows:

“Article 7a.

1. People's Police directly participating in the resistance war against the United States to save the country from April 30, 1975

a) Discharged or retired 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;

onwards with at least 20 years of service in the People's Police force, including time served in the military before transferring to the police, currently not receiving retirement benefits, disability benefits, or monthly veteran benefits, shall be entitled to the retirement benefits prescribed in Article 3 and the benefits prescribed in Clause 1, Article 4 of this Decree if they fall under one of the following cases:

d) People's Police who were discharged or resigned and went to work in international cooperation labor or were dispatched to work in international cooperation labor and returned home before April 1, 2000.

2. In the case of People's Police specified in point a, point c, and point d of Clause 1 of this Article who passed away before April 1, 2011, their main dependents shall be entitled to a one-time benefit of VND 3,600,000.

c) People's Police transferred to another profession or converted to civilian public security employees and then ceased employment before January 1, 1995; having a transfer decision made before April 1, 2000 but unable to implement it, or People's Police returned to their home areas without being processed for discharge or cessation of employment;

3. Subjects specified in Clause 1 of this Article shall not be entitled to the benefits prescribed in this Decree if they fall under one of the cases stipulated in Clause 2 of Article 2 of this Decree.”

4. Amend and supplement paragraph 2 of Article 8 as follows:

“a) Military personnel specified in point a and point b, Clause 1, Article 2 of this Decree shall receive monthly retirement benefits starting from January 1, 2007.

Article 2. Effective Date

This Decree takes effect from April 1, 2011.

Article 3. Responsibility for Implementation

b) Military personnel specified in point c and point d, Clause 1, Article 2 and People's Police specified in Clause 1, Article 7a of this Decree shall receive monthly retirement benefits starting from May 1, 2010.”

1. The Ministry of National Defense, the Ministry of Labor - Invalids and Social Affairs, and the Ministry of Finance shall issue a joint Circular guiding the implementation of the system for the subjects specified in Clause 1 of Article 1 of this Decree.

3. The Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central city, are responsible for enforcing this Decree./.