Joint Circular No. 110/2010/TTLT-BQP-BLDTBXH-BTC amending and supplementing Circular No. 144/2008/TTLT-BQP-BLDTBXH-BTC dated November 27, 2008 of the Ministry of National Defense, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Finance guiding the implementation of Decision No. 142/2008/QD-TTg dated October 27, 2008 of the Prime Minister on the regime for military personnel participating in the resistance war against America to save the country who have less than 20 years of service in the army and have been demobilized and discharged back to their localities.

JOINT CIRCULAR

Amending and supplementing Circular No. 144/2008/TTLT-BQP-BLDTBXH-BTC dated November 27, 2008 of the Ministry of National Defense, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Finance guiding the implementation of Decision No. 142/2008/QD-TTg dated October 27, 2008 of the Prime Minister on the implementation of the regime for military personnel participating in the resistance war against America to save the country who have been demobilized with less than 20 years of service in the military and returned to their localities. Regarding military personnel participating in the resistance war against America to save the country who have been demobilized with less than 20 years of service in the military and returned to their localities having been demobilized,

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Pursuant to Clause 5, Article 1 of Decree No. 29/2010/NĐ-CP dated March 25, 2010 of the Government adjusting pensions, social insurance benefits, and monthly allowances for retired village cadres (hereinafter referred to as Decree No. 29/2010/NĐ-CP);

Pursuant to Decision No. 38/2010/QĐ-TTg dated May 6, 2010 of the Prime Minister amending and supplementing Decision No. 142/2008/QĐ-TTg dated October 27, 2008 of the Prime Minister on the implementation of the regime for military personnel participating in the resistance war against America to save the country who have been demobilized with less than 20 years of service in the military and returned to their localities (hereinafter referred to as Decision No. 38/2010/QĐ-TTg);

Pursuant to Circular No. 2403/TTg-KGVX dated December 3, 2009 of the Prime Minister on adjusting the monthly allowance for beneficiaries under Decision No. 142/2008/QĐ-TTg;

The Ministry of National Defense, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Finance guide the amendment and supplementation of certain contents of Circular No. 144/2008/TTLT-BQP-BLDTBXH-BTC dated November 27, 2008 (hereinafter referred to as Circular No. 144/2008/TTLT-BQP-BLDTBXH-BTC) as follows:

Article 1. Amend and supplement Section I of Circular No. 144/2008/TTLT-BQP-BLDTBXH-BTC as follows:

1. Add Point d of Clause 1 of Section I as follows:

"d) Have been demobilized and returned to their localities, then worked at communes, wards, towns, and have retired to enjoy monthly allowances or pension benefits; or are currently working at communes, wards, towns receiving state budget salaries and participating in mandatory social insurance but not counting the time served in the military as the time contributing to social insurance."

2. Amend and replace Point a of Clause 2 of Section I as follows:

"a) Those individuals falling within the scope defined in Clause 1 above but currently enjoying pension benefits (excluding commune, ward, town cadres currently enjoying pension benefits or monthly allowances without counting the time served in the military to enjoy monthly allowances or pension benefits), disability benefits, or monthly veteran benefits; or are currently working and receiving state budget salaries and participating in mandatory social insurance (excluding commune, ward, town cadres currently working without counting the time served in the military as the time contributing to social insurance)."

Article 2. Amend and supplement Section II of Circular No. 144/2008/TTLT-BQP-BLDTBXH-BTC as follows:

"a) Individuals defined in Clause 1 of this Circular, having from 15 to less than 20 years of service in the military (including those currently working at communes, wards, towns receiving state budget salaries and participating in mandatory social insurance but not meeting the conditions or continuing to contribute to voluntary social insurance to meet the conditions for enjoying pension benefits according to Decree No. 152/2006/NĐ-CP dated December 22, 2006 of the Government guiding the implementation of some provisions of the Mandatory Social Insurance Law), shall be entitled to monthly allowances calculated based on actual years of service. Specific amounts are as follows:

- From January 1, 2009 to April 30, 2009, the monthly allowance is:

+ From 15 to less than 16 years, the allowance is 690,000 VND/month;

+ From 16 to less than 17 years, the allowance is 724,500 VND/month;

+ From 17 to less than 18 years, the allowance is 759,000 VND/month;

+ From 18 to less than 19 years, the allowance is 793,500 VND/month;

+ From 19 to less than 20 years, the allowance is 828,000 VND/month.

- From May 1, 2009 to April 30, 2010, the monthly allowance is:

+ From 15 to less than 16 years, the allowance is 724,500 VND/month;

+ From 16 to less than 17 years, the allowance is 760,725 VND/month;

+ From 17 to less than 18 years, the allowance is 796,950 VND/month;

+ From 18 to less than 19 years, the allowance is 833,175 VND/month;

+ From 19 to less than 20 years, the allowance is 869,400 VND/month.

- From May 1, 2010, the monthly allowance is:

+ From 15 to less than 16 years, the allowance is 813,614 VND/month;

+ From 16 to less than 17 years, the allowance is 854,294 VND/month;

+ From 17 to less than 18 years, the allowance is 894,975 VND/month;

+ From 18 to less than 19 years, the allowance is 935,656 VND/month;

+ From 19 to less than 20 years, the allowance is 976,336 VND/month."

2. Amend and replace the first part of Clause 3 (before Point a of Clause 3) of Section II as follows:

"3. One-time allowance regime: Individuals defined in Points a, b, c of Clause 1 of Section I of this Circular, having less than 15 years of service in the military; individuals defined in Point d of Clause 1 of Section I of this Circular, having less than 20 years of service in the military, then worked at communes, wards, towns, have retired and are currently enjoying monthly allowances or pension benefits, or are currently working at communes, wards, towns receiving state budget salaries and participating in mandatory social insurance, meeting the conditions for enjoying pension benefits according to Decree No. 152/2006/NĐ-CP; or individuals having less than 15 years of service in the military, currently working at communes, wards, towns receiving state budget salaries and participating in mandatory social insurance, not meeting the conditions for enjoying pension benefits according to Decree No. 152/2006/NĐ-CP (without counting the time served in the military as the time contributing to social insurance), shall be entitled to a one-time allowance calculated based on actual years of service, specifically as follows:"

Article 3. Effectiveness

1. This Circular shall take effect forty-five days from the date of signature and shall replace Circular Jointly Issued No. 22/2010/TTLT-BQP-BLDTBXH-BTC dated March 2, 2010, issued by the Ministry of National Defense, the Ministry of Labor, War Invalids and Social Affairs, and the Ministry of Finance to amend and supplement Circular Jointly Issued No. 144/2008/TTLT-BQP-BLDTBXH-BTC.

2. The monthly allowance regime for the additional subjects guided in Clause 1, Article 1 of this Circular shall be implemented from July 1, 2010.

Article 4. Organization of Implementation

1. The Ministry of National Defense shall take the lead and coordinate with the Ministry of Labor, War Invalids and Social Affairs, and the Ministry of Finance to direct, guide, and inspect agencies, units, and localities in implementing this Circular.

2. For subjects who have received decisions on enjoying the monthly allowance regime before the effective date of Decree No. 29/2010/NĐ-CP, the competent labor-war invalids and social affairs authority shall be responsible for adjusting the level of enjoyment according to the guidance in this Circular. As for pending files under consideration for the allowance regime, the Ministry of National Defense shall be responsible for adjusting the level of enjoyment according to the guidance in this Circular. During implementation, if there are any difficulties, agencies, units, and localities shall report to the Ministry of National Defense for coordination with the joint ministries to examine and resolve them.

During implementation, if there are any difficulties, agencies, units, and localities shall report to the Ministry of National Defense for coordination with the joint ministries to examine and resolve them.