Circular No. 148/2010/TT-BQP guiding the implementation of the cessation of duty regime for civil servants in the Vietnam People's Army

CIRCULAR
Guidelines for implementing the cessation of service regime for civil servants
in the Vietnam People's Army

Pursuant to Decree No. 46/2010/NĐ-CP dated April 27, 2010 of the Government on cessation of service for civil servants (hereinafter referred to as Decree No. 46/2010/NĐ-CP);

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;

The Ministry of National Defense guides the implementation of the cessation of service regime for civil servants in the Vietnam People's Army as follows:

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.

These Circulars guide the implementation of the cessation allowance system, procedures, files, and responsibilities of agencies and units regarding the cessation of service for civil servants in the Vietnam People's Army.

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.

Civil servants who are assigned to work at military agencies and units, receiving salaries from the state budget as stipulated in Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on salary systems for cadres, civil servants, public officials, and armed forces personnel, and Resolution No. 730/2004/NQ-UBTVQH11 dated September 30, 2004 of the Standing Committee of the National Assembly approving the pay scale for positions, position allowance scale for state leaders; the professional and vocational pay scale for the judiciary and prosecution sectors.

3. Subjects not applicable

a) Officers, professional soldiers;

b) National defense workers;

c) Workers currently employed in enterprises, economic organizations, services, self-financing units in the military without receiving salaries from the state budget;

d) Those working under labor contracts within the staffing quota of the General Staff, but not yet having recruitment decisions.

4. Cases Not Entitled to Cessation of Service

a) Civil servants during the period of rotation or temporary assignment; being under disciplinary review or criminal investigation;

c) Civil servants who have not completed the settlement of money and property under their personal responsibility to the agency, organization, or unit;

d) Civil servants who leave their posts without authorization or have not served the agreed time with the agency, organization, or unit when recruited;

đ) Due to work requirements of the agency, organization, or unit or inability to find a replacement.

Article 2. Cessation Allowance System

1. Conditions for Receiving Allowance

Civil servants who cease service due to personal willingness, approved by the head of the agency, unit, or competent authority; two consecutive years failing to complete tasks as stipulated in Clause 3, Article 58 of the Civil Servants Law; reduced ability to work by 61% or more but not having 20 years of social insurance contributions; reaching retirement age (men 60 years old, women 55 years old) but not having 20 years of social insurance contributions shall be entitled to cessation allowance.

2. Allowance Amount

Civil servants meeting the above conditions, upon cessation of service, in addition to the one-time allowance according to the Social Insurance Law, will receive an additional amount as follows:

For each year of work with social insurance contributions (if less than six months, it is accumulated as half a year; if there is employment, half a month's salary is added; if there is a period of work with seniority allowances, half a month's salary is added), they will receive an allowance equal to 1/2 (one-half) of the current monthly salary.

The amount of one-time allowance upon cessation of service is calculated using the following formula:

Total amount of allowance received = Total time of social insurance contributions x 1/2 month x Current monthly salary

3. Basis for Calculating Allowance

a) Monthly salary for calculation:

The monthly salary for calculating cessation allowance as stipulated in Clause 2 of this Article includes: salary according to rank and grade, leadership position allowance, seniority allowance, and retention coefficient (if applicable).

b) Time for calculation:

Implemented according to the provisions of Article 6 of Decree No. 46/2010/NĐ-CP.

Example: Comrade Nguyen Van Tan, aged 32, Accountant of Agency A, has worked for 14 years and 4 months with social insurance contributions, due to difficult family circumstances, he requested to resign and was decided to cease service from December 1, 2010. The current monthly salary of Comrade Tan before ceasing service was: 3,416,400 VND (rank 06.030, grade 3, coefficient 4.68).

Before Comrade Tan ceased service, in addition to the one-time allowance according to the Social Insurance Law, he also received an additional amount of:

14.5 years x 1/2 month x 3,416,400 VND = 24,768,900 VND.

Article 3. Funding Assurance

The funds for implementing the cessation allowance system as prescribed in Decree No. 46/2010/NĐ-CP and guided in these Circulars are guaranteed by the state budget, allocated in the annual budget of the Ministry of National Defense according to the State Budget Law.

Article 4. Procedures and Documents

1. Procedures for Resignation Resolution

Implement according to the provisions of Article 4 of Decree No. 46/2010/NĐ-CP.

2. Documents for Resignation Benefit Resolution

The documents for resignation benefit resolution for each case include:

a) Resignation application form: 1 copy (for those who wish to resign);

b) Resignation decision of the competent authority: 5 copies (issued and established by the personnel management agency, submitted to the Head of the unit for approval; individual 2 copies, finance department 1 copy, social insurance agency 1 copy, personnel management agency 1 copy);

c) Decision on implementation of resignation benefit regime: 4 copies (Annex attached to this Circular; individual 1 copy, finance department 1 copy, policy department 1 copy, personnel management agency 1 copy).

The personnel management agency (Officers, Military) under the jurisdiction of managing cadres and civil servants is responsible for issuing the decision on the implementation of the resignation benefit regime; the policy department takes the lead in reviewing, submitting to the Head of the unit for approval, and reporting to the higher-level policy department.

3. Authority to issue decisions and分级管理干部、公务员的权限按照中央军委政治工作部和国防部的规定执行。

State-owned enterprises that have been assigned by the Ministry of Agriculture and Rural Development to conduct offshore wind power project surveys before the effective date of this Circular shall continue to implement according to the assigned documents; any new matters arising after the effective date of this Circular shall be implemented in accordance with the provisions of this Circular.

1. General Staff Department; Political Bureau

Direct all departments, units, and functional agencies of the Ministry of National Defense to implement, monitor, inspect, resolve any difficulties and issues arising during the implementation of the regulations stipulated in Decree No. 46/2010/NĐ-CP and the guidance provided in this Circular, and report to the Ministry of National Defense as prescribed.

2. Heads of departments and units (from Brigade level and equivalent up to directly subordinate to the Ministry of National Defense)

a) Organize the dissemination and implementation of the resignation regulations stipulated in Decree No. 46/2010/NĐ-CP and the guidance provided in this Circular to the managed entities; direct subordinate departments and units to strictly, accurately, promptly, openly, and transparently organize and implement;

b) Direct the functional agencies within the unit to prepare the budget estimate, report to the immediate superior, and carry out settlement and finalization according to the prescribed regulations.

3. Functional agencies

a) Policy Department/Political General Staff

Take the lead in coordinating with functional agencies of the Ministry of National Defense to guide, inspect the implementation of the resignation regulations for civil servants in departments and units as stipulated in Decree No. 46/2010/NĐ-CP and the guidance provided in this Circular; at the same time, take the lead in coordinating to resolve any difficulties and issues arising during the implementation process.

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

Guide and instruct departments and units to correctly follow the procedures and documents stipulated in this Circular according to the分级管理权限，确保严格。

Coordinate to guide, inspect the organization and implementation of the resignation regulations for civil servants and resolve any difficulties and issues arising during the implementation process.

c) Finance Directorate/Ministry of National Defense

Based on the regulations stipulated in Decree No. 46/2010/NĐ-CP and the guidance provided in this Circular, guide the preparation of budgets, organization of fund distribution, and settlement according to regulations.

Coordinate to guide, inspect the organization and implementation of the resignation regulations for civil servants and resolve any difficulties and issues arising during the implementation process.

Article 6. Effectiveness

1. This Circular takes effect 45 days from the date of signature.

2. The resignation regulations for civil servants stipulated in this Circular shall be implemented from January 1, 2010.

3. Civil servants who resign due to organizational restructuring and are within the scope of streamlined staffing shall be implemented according to the regulations stipulated in Decree No. 132/2007/NĐ-CP dated August 8, 2007 of the Government on streamlined staffing policies.

Article 7. Responsibility for Implementation

1. Chief of General Staff, Director of the General Political Bureau, commanders of departments and units are responsible for implementing this Circular.

2. If there are any difficulties during the implementation process, departments and units should reflect them to the Ministry of National Defense (through the Policy Department - General Political Bureau) for consideration and resolution.