Decision No. 142/2008/QĐ-TTg stipulates monthly allowances and lump-sum payments for military personnel participating in the Anti-American War to Save the Nation who have been discharged and returned to their place of origin after less than 20 years of service in the military. The benefits apply to individuals not entitled to retirement pensions, disability allowances, or monthly veteran benefits.
适用范围
Military personnel participating in the Anti-American War to Save the Nation, enlisted on or before April 30, 1975, who have been discharged and returned to their place of origin after less than 20 years of service in the military and are currently not entitled to retirement pensions, disability allowances, or monthly veteran benefits.
要点
- Military personnel participating in the Anti-American War to Save the Nation, enlisted on or before April 30, 1975, who have served between 15 and less than 20 years in the military will receive monthly allowances based on the actual number of years served, with a minimum of 600,000 VND/person/month.
- If a person receiving monthly allowances passes away, their dependents will receive a lump-sum payment equivalent to three months of the deceased's current allowance.
- Military personnel participating in the Anti-American War to Save the Nation who have served less than 15 years in the military will receive a lump-sum payment based on the actual number of years served, with specific amounts depending on the length of service.
- The monthly allowance regime applies from January 1, 2009.
- The central budget ensures funding for this regime.
🌐 本文件的社会影响
- Positive impact: Helps improve the living conditions of those who participated in the war, contributing to national defense security.
- Negative impact: The cost of implementing this regime may put pressure on the state budget.
❓ 常见问题
To whom does this decision apply?
It applies to military personnel participating in the Anti-American War to Save the Nation, enlisted on or before April 30, 1975, who have been discharged and returned to their place of origin after less than 20 years of service in the military.
What is the amount of the monthly allowance?
Those with at least 15 years of service receive 600,000 VND/person/month; for each additional year (at least 12 months), an additional 5% is added to the initial allowance level.
What is the amount of the lump-sum payment for deceased military personnel?
A lump-sum payment equivalent to three months of the deceased's current allowance.
When does this regime apply?
The monthly allowance regime applies from January 1, 2009.
全文
Pursuant to …;
On implementing the regime for military personnel participating in the resistance war against America to save the country with less than 20 years of service in the military and have been discharged and demobilized back to localities
______________
PRIME MINISTER
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Law on Issuance of Regulatory Legal Documents dated November 12, 1996, amended and supplemented some articles on December 16, 2002;
Considering the proposal of the Minister of National Defense.
Pursuant to …;:
Article 1.
1. Scope of regulation and applicable subjects:
This Decision stipulates the implementation of the regime for military personnel who participated in the resistance war against America to save the country, enlisted on or before April 30, 1975, with less than 20 years of service in the military, have been discharged and demobilized back to localities, and currently do not fall under the category of those enjoying retirement benefits, disability benefits, or monthly veteran benefits.
2. Non-applicable Subjects:
b. Those who fall within the category specified in Clause 1 of this Article but surrendered to the enemy, betrayed, or violated discipline and had their military rank revoked; as of the date this Decision takes effect, they are serving a life sentence or have been convicted of one of the offenses related to national security and have not yet had their criminal record expunged.
c. Those who have already received a one-time allowance as prescribed in Point a, Clause 1, Article 1 of Decision No. 290/2005/QĐ-TTg dated November 8, 2005, and Clause 2, Article 1 of Decision No. 92/2005/QĐ-TTg dated April 29, 2005, of the Government shall not be entitled to the one-time allowance prescribed in Article 3 of this Decision.
1. Military personnel who participated in the resistance war against America to save the country, enlisted on or before April 30, 1975, with from 15 to less than 20 years of service in the military and have been discharged and demobilized back to localities (including those who continued working afterward and then stopped), shall be entitled to a monthly allowance based on the actual number of years served in the military, with 15 years entitling them to VND 600,000 per person per month; thereafter, for each additional year (full 12 months), an additional 5% will be added to the initial allowance amount.
When the Government adjusts salaries and assistance benefits, the entitlements of the aforementioned subjects shall be adjusted accordingly.
2. If a person receiving monthly assistance benefits passes away, they shall cease to receive such benefits from the following month; the deceased's dependents shall be entitled to a one-time assistance benefit equal to three months' worth of the deceased's current monthly assistance benefit.
Article 3.
Military personnel who participated in the resistance war against America to save the country, enlisted on or before April 30, 1975, with less than 15 years of service in the military and have been discharged and demobilized back to localities (including those who continued working afterward and then stopped), shall be entitled to a one-time allowance based on the actual number of years served in the military, with the specific level of benefit as follows:
Having served at least 2 years in the military, the allowance is VND 2,000,000; for each additional year starting from the third year, the allowance is VND 600,000.
When calculating the time period for the one-time subsistence allowance, if there are fractional months, those with six months or more will be counted as a full year, and less than six months will be counted as half (1/2) year.
Article 4. For those who fall within the category specified in Clause 1, Article 2 and died before January 1, 2009, and those who fall within the category specified in Article 3 and died before this Decision takes effect (including those who died while still in service), one of the following persons: spouse; father, mother; child, adopted child, or legally recognized foster child of the deceased shall be entitled to a one-time allowance of VND 3,000,000.
Article 5. The source of funds to implement the regimes prescribed in this Decision shall be guaranteed by the central government budget.
Article 6.
1. The verification and review of individuals entitled to the regime as stipulated in this Decision must ensure transparency, strictness, accuracy, and convenience.
2. Individuals who engage in actions that distort or forge documents to receive benefits shall be subject to disciplinary action or criminal prosecution and must compensate for any losses (if applicable) in accordance with the provisions of the law.
Article 7.
1. The Ministry of National Defense shall take the lead and coordinate with the Ministry of Labor, Invalids, and Social Affairs, and the Ministry of Finance to be responsible for guiding the implementation of this Decision; directing the organization of the review, examination, issuance of decisions on monthly allowances, transferring to the Department of Labor, Invalids, and Social Affairs for implementation; reviewing and disbursing one-time allowances for the relevant individuals.
2. The Ministry of Labor, Invalids, and Social Affairs shall be responsible for directing the receipt, management, and disbursement of monthly allowances for the relevant individuals as prescribed.
3. The Ministry of Finance shall be responsible for allocating the annual budget to implement the regime and payment fees according to the provisions of the State Budget Law.
4. The Chairmen of the People's Committees of provinces and cities shall be responsible for directing and organizing the implementation of the regime for the subjects.
Article 8.
1. This Decision shall take effect 15 days after its publication in the Official Gazette.
2. The monthly allowance regime prescribed in Clause 1, Article 2 of this Decision shall be implemented from January 1, 2009.
3. Those who have already received a one-time allowance according to the provisions of Point a, Clause 1, Article 1 of Decision No. 290/2005/QĐ-TTg dated November 8, 2005, and Clause 2, Article 1 of Decision No. 92/2005/QĐ-TTg dated April 29, 2005, of the Government and meet the conditions to switch to receiving a monthly allowance shall have the Department of Labor, Invalids, and Social Affairs recover the one-time allowance already received into the state budget.
Article 9. The Ministers, Heads of ministerial-level agencies, Heads of central administrative agencies, Chairpersons of provincial People's Committees, and municipal People's Committees directly under the Central Government are responsible for implementing this Decision.
VICE-PRESIDENT OF THE GOVERNMENT
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