Circular No. 114/2015/TT-BQP stipulates on the arrangement, utilization, and policies for subjects working at military enterprises undergoing shareholding and joint-stock companies with state capital managed by the Ministry of National Defense.

CIRCULAR

Regulations on the allocation, utilization, and treatment policies for subjects working at military enterprises undergoing shareholding reform and joint-stock companies with state capital military enterprise implements shareholding and at joint-stock company owned by the Ministry of National Defense

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Pursuant to the Law on Legislative Acts of 03 June 2008;

Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Pursuant to Decree No. 59/2011/NĐ-CP dated July 18, 2011 of the Government on converting wholly state-owned enterprises into joint-stock companies (hereinafter referred to as Decree No. 59/2011/NĐ-CP); Decree No. 189/2013/NĐ-CP dated November 20, 2013 of the Government amending and supplementing certain articles of Decree No. 59/2011/NĐ-CP;

Considering the proposal of the Director of the Political General Department,

The Minister of National Defense hereby stipulates regulations on the allocation, utilization, and treatment policies for subjects working at military enterprises undergoing shareholding reform and joint-stock companies with state capital owned by the Ministry of National Defense.

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 stipulates regulations on the allocation, utilization of officers, non-commissioned officers (NCOs), and treatment policies for subjects working at military enterprises undergoing shareholding reform and joint-stock companies with state capital owned by the Ministry of National Defense.

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.

a) Officers, NCOs, workers, defense civil servants (WDCS), contractual employees (CE) working at military enterprises undergoing shareholding reform.

b) Officers, NCOs, WDCS, CE working at joint-stock companies with state capital owned by the Ministry of National Defense.

c) Military enterprises undergoing shareholding reform, joint-stock companies with state capital owned by the Ministry of National Defense, and related organizations and individuals.

Article 2. Allocation and Utilization of Officers and Non-Commissioned Officers Working at Enterprises Undergoing Shareholding Reform and Joint-Stock Companies with State Capital Owned by the Ministry of National Defense

1. Within five years from the date the joint-stock company receives its Enterprise Registration Certificate, based on the needs of the joint-stock company and the willingness of officers and NCOs (according to the existing establishment and regular list of the enterprise before the shareholding reform), the joint-stock company continues to allocate and arrange them to work at the company.

2. After five years of operation from the date the joint-stock company receives its Enterprise Registration Certificate, based on the actual needs of the company, the state capital representative cooperates with the Board of Directors and General Director of the joint-stock company to examine and select proposals to be decided by the competent authority to allocate and arrange some qualified officers and NCOs to key positions (from Deputy Department Head level upwards).

3. For enterprises that have already undergone shareholding reform under the ownership of the Ministry of National Defense, based on the time the enterprise began operations from the date the joint-stock company received its Enterprise Registration Certificate, based on actual needs, the allocation and utilization of officers and NCOs shall be implemented according to Clause 1 or Clause 2 of this Article. Re-allocation of positions resolved during the shareholding reform process will not be carried out.

Article 3. Treatment Policies for Officers and Non-Commissioned Officers at Enterprises Undergoing Shareholding Reform and Joint-Stock Companies with State Capital Owned by the Ministry of National Defense

1. At the time of enterprise shareholding reform

Officers and NCOs who meet retirement conditions or do not wish to continue working at the enterprises shall be granted retirement policies (retirement, demobilization, discharge, transfer...) and shall enjoy current regulations' benefits and policies.

2. Treatment Policies for Officers and NCOs Working at Joint-Stock Companies

Officers and NCOs who continue to be allocated and utilized to work at enterprises according to Clause 1 or Clause 2 of Article 2 of this Circular or are assigned by the Ministry of National Defense to manage state capital at joint-stock companies with state capital owned by the Ministry of National Defense according to Clause 3 of Article 2 of this Circular shall implement the following policies and benefits:

a) Salary and Allowances

They shall enjoy salary and allowance systems based on production and business results, paid and accounted for by the joint-stock company. Monthly salary for social insurance (SI) and health insurance (HI) contributions shall be implemented according to current laws on SI and HI.

b) Retirement Policies

- Officers and NCOs meeting retirement conditions shall be granted retirement benefits; if they meet early retirement conditions according to the highest age limit specified in the Law on Officers of the Vietnam People's Army, they shall be granted current regulations' policies and benefits.

- In cases where officers and NCOs do not meet retirement conditions but wish to retire and are arranged to continue working and contributing to SI at the joint-stock company, they shall be granted policies and benefits similar to those for officers and NCOs transferred to work at enterprises, agencies, and units not receiving state budget salaries according to current regulations. After five years from the date the joint-stock company received its Enterprise Registration Certificate, if officers and NCOs are not arranged to continue working at the company, they shall be granted retirement policies according to regulations.

If they wish to transfer to other organizations, enterprises, or joint-stock companies, their main management company shall facilitate the resolution and they shall enjoy current regulations' policies and benefits.

- For officers and NCOs assigned to manage state capital at joint-stock companies owned by the Ministry of National Defense or arranged to work at joint-stock companies according to this Circular, during their pre-retirement leave period, the state budget shall support monthly salary payments and SI contribution costs according to current regulations.

c) Social Insurance and Health Insurance

Collection and payment of SI and HI; issuance of SI books and HI cards, and resolution of SI and medical examination and treatment benefits shall be implemented according to current laws on SI and HI, carried out by the Social Insurance Agency of the Ministry of National Defense.

Article 4. Regulations and policies for workers and officials of defense enterprises, contractual employees at enterprises implementing shareholding

1. Salary system and allowances

They shall enjoy the salary system and allowances according to the results of production and business operations, paid and accounted for by the company. The monthly salary for social insurance and health insurance contributions shall be implemented in accordance with the current laws on social insurance and health insurance.

2. Retirement, termination of employment, and termination of labor contracts regulations and policies

a) Regulations and policies for workers and officials of defense enterprises

If workers and officials of defense enterprises meet the conditions for retirement, they shall be granted pension benefits in accordance with the laws on social insurance; if they do not meet the conditions for retirement, they shall be granted termination benefits in accordance with the current regulations; their social insurance records shall be settled and the time of social insurance contributions shall be preserved if they so wish. If they continue to work at the joint-stock company, they shall enter into a labor contract with the joint-stock company in accordance with the regulations.

b) Regulations and policies for contractual employees

If contractual employees meet the conditions for retirement, they shall be granted pension benefits in accordance with the laws on social insurance. If they do not meet the conditions for retirement, they shall be handled in accordance with the labor utilization plan of the joint-stock company and the relevant regulations; if they do not wish to continue working at the joint-stock company, their labor contracts shall be terminated in accordance with the regulations; their social insurance records shall be settled and the time of social insurance contributions shall be preserved if they so wish.

3. Implementation of social insurance and health insurance

From the date the joint-stock company receives the Business Registration Certificate, the company shall collect and pay social insurance and health insurance premiums to the provincial or municipal social insurance agency where the company's headquarters is located and registered. The management and implementation of social insurance and health insurance benefits for the relevant subjects shall be carried out in accordance with the current regulations, under the responsibility of the provincial or municipal social insurance agencies directly under the central government.

Article 5. Sources of Funding

The sources of funds to pay the benefits and policies stipulated in Articles 3 and 4 of this Circular shall be guaranteed as follows:

1. The State budget shall ensure payment of the benefits stipulated in Decree No. 21/2009/NĐ-CP dated February 23, 2009 of the Government; demobilization allowances, discharge allowances, and transfer allowances; and support for funding to pay salaries and social insurance contributions for officers and technical and non-commissioned officers who are arranged and utilized in accordance with Article 2 of this Circular or assigned by the Ministry of National Defense to manage state capital at joint-stock companies during the preparation period before retirement in accordance with the current regulations.

2. The social insurance and health insurance fund shall ensure payment of social insurance and health insurance benefits in accordance with the current regulations.

3. Other funds shall be paid by the enterprise implementing shareholding and the joint-stock company, accounted for accordingly.

Article 6. Responsibilities of agencies, units, and enterprises

a) Directing news agencies and press organs within the military to cooperate with central and local press organs to publicize the Party and State's policies on searching for and collecting martyrs' remains; mobilizing organizations, individuals, especially former soldiers, to provide information about martyrs and martyrs' graves.

Directing, guiding, and implementing this Circular; at the same time, directing functional agencies to implement the following contents:

a) Policy Department

- Taking the lead and coordinating with functional agencies of the Ministry of National Defense to direct and inspect the implementation of regulations and policies for the relevant subjects at enterprises implementing shareholding and at joint-stock companies with state capital managed by the Ministry of National Defense.

- Coordinating with agencies and units to guide the handling and resolution of issues arising during the implementation process; reporting issues beyond their authority to the Ministry of National Defense for consideration and decision.

b) The Cadre Bureau

Taking the lead and coordinating with related agencies to guide and direct the management of personnel according to organizational structure and staffing; arranging, utilizing, promoting, and appointing the cadre of officers and technical and non-commissioned officers at enterprises implementing shareholding and joint-stock companies with state capital managed by the Ministry of National Defense; coordinating to inspect the implementation and resolve issues arising.

c) Social Insurance/BQP

Taking the lead and coordinating with functional agencies of the Ministry of National Defense to guide the collection and payment of social insurance and health insurance; managing and organizing the implementation of social insurance and health insurance benefits for officers, technical and non-commissioned officers, workers, and officials of defense enterprises, and contractual employees at enterprises implementing shareholding and joint-stock companies with state capital managed by the Ministry of National Defense before transferring to local social insurance management in accordance with the regulations; coordinating to inspect the implementation and resolve issues arising.

a) Directing and guiding agencies and units to continue organizing and utilizing the results of decoding unit symbols and designations in wars to serve the search for and collection of martyrs' remains.

Directing the Military Affairs Bureau to take the lead and coordinate with related agencies to guide and direct the management of personnel according to organizational structure and staffing; arranging, utilizing, promoting, and appointing technical and non-commissioned officers, workers, and officials of defense enterprises, and contractual employees as stipulated in this Circular at enterprises implementing shareholding and joint-stock companies with state capital managed by the Ministry of National Defense; coordinating to inspect the implementation and resolve issues arising.

3. Economic Department/BQP

Based on the Decision of the Ministry of National Defense on the implementation of shareholding for enterprises, notifying and attaching the decision to convert the enterprise into a joint-stock company and the labor arrangement plan to functional agencies of the Ministry of National Defense as the basis for organizing the implementation of regulations and policies for officers, technical and non-commissioned officers, workers, and officials of defense enterprises, and contractual employees in accordance with current regulations and this Circular; coordinating with functional agencies of the Ministry of National Defense to inspect, supervise, and resolve issues arising during the implementation process.

4. Finance Department/BQP

Ensuring the budget for implementing the regulations; guiding financial work for the relevant subjects at enterprises implementing shareholding and at joint-stock companies with state capital managed by the Ministry of National Defense in accordance with this Circular; coordinating to inspect and resolve issues arising.

5. Enterprises converted into joint-stock companies

Based on the labor arrangement plan of the enterprise, completing the necessary procedures and reports to the competent authority for decisions; coordinating with functional agencies to fully resolve all regulations and policies for officers, technical and non-commissioned officers, workers, and officials of defense enterprises, and contractual employees in accordance with this Circular; promptly reflecting any issues arising during the implementation process to the functional agencies of the Ministry of National Defense for consideration and resolution.

Article 7. Effective Date

1. This Circular takes effect from November 13, 2015.

Decision No. 133/2003/QĐ-BQP dated September 11, 2003, of the Minister of National Defense on implementing certain systems and policies for subjects working at military enterprises transferred to joint-stock companies; Decision No. 53/2004/QĐ-BQP dated May 4, 2004, of the Minister of National Defense on amending Clause 3, Article 1 of Decision No. 133/2003/QĐ-BQP dated September 11, 2003, shall cease to be effective from the date this Circular takes effect.

Article 8. Responsibility for Implementation

Heads of agencies, units, and enterprises are responsible for implementing this Circular.

During the implementation process, if there are any difficulties or issues arising, agencies and units shall report to the Ministry of National Defense (through the Policy Department of the Political General Department) for consideration and resolution./.