Decree No. 151/2016/ND-CP provides detailed regulations and guidance on implementing certain provisions of the Law on the regime and policies for professional military personnel, defense workers, and defense civil servants.

DECREE

Detailed regulations and guidance on implementation of certain provisions regarding the regime and policies under the Law on Professional Military Personnel, Civil Servants, and Defense Employees

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On the basis of Law on Government Organization dated June 19, 2015;

On the basis of The Law on Professional Military Personnel, Civil Servants, and Defense Employees dated November 26, 2015;

"Based on the proposal of the Minister of National Defense;"

The Government provides detailed regulations and guidance on implementation of certain provisions regarding the regime and policies under The Law on Professional Military Personnel, Civil Servants, and Defense Employees.

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 Decree provides detailed regulations and guidance on implementation concerning the regime and policies for retired professional military personnel, demobilized personnel; retired civil servants and defense employees; professional military personnel, civil servants, and defense employees serving in the Military who have died or passed away; conversion of time to calculate one-time allowance; health insurance regime for relatives of civil servants and defense employees serving in the Military as stipulated in Clause 3, Article 39; Point a, b Clause 1, Point a, c Clause 3, Clause 5 Article 40; Point a, b Clause 1, Clause 4 Article 41 and Clause 2, 3 Article 42 of the Law on Professional Military Personnel, Civil Servants, and Defense Employees (hereinafter referred to as the Law).

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) Professional military personnel, civil servants, and defense employees currently working in agencies, units, enterprises under the Ministry of National Defense;

b) Relatives of professional military personnel, civil servants, and defense employees currently working in the Ministry of National Defense;

c) Agencies, units, enterprises under the Ministry of National Defense; agencies, units, localities, organizations related thereto.

Article 2. Salary and working time for benefit calculation

1. Salary for Entitlement Calculation

a) Monthly salary for calculating one-time allowance as stipulated in Point a, b Clause 2, Article 3 and Clause 2, Article 5 of this Decree shall be calculated based on the average monthly social insurance contribution salary of the last five years before retirement;

b) Monthly salary for calculating one-time allowance as stipulated in Clause 2, Article 4; Clause 1, 2, Article 6; Clause 2, Article 7 of this Decree is the monthly social insurance contribution salary of the month immediately preceding the date of retirement, demobilization, resignation, transfer of profession, retirement due to service-related disability, death, or passing away of professional military personnel, civil servants, and defense employees;

c) Monthly salary for calculating one-time allowance as stipulated in Point a, b of this Clause includes: Salary according to type, group, grade for professional military personnel; group rank, grade for civil servants and defense employees and allowances for leadership positions, seniority allowances exceeding the ceiling, occupational seniority allowances, and retained differential amounts (if any).

2. Length of Service for Entitlement Calculation

a) Time of service for calculating one-time allowance as stipulated in Point b, Clause 2, Article 3; Clause 2, Article 4; Clause 2, Article 5; Clause 1, 2, Article 6 of this Decree is the total time of service in the Military (including time as officers, professional military personnel, non-commissioned officers, soldiers, civil servants, and defense employees) and time of service at agencies, units receiving state budget salaries with social insurance contributions prior to joining the Military, excluding time of service at agencies, units with social insurance contributions but already enjoying demobilization, discharge, or resignation benefits;

b) Time of service for calculating converted one-time allowance as stipulated in Article 7 of this Decree is the total time of service in the Military (including time as officers, professional military personnel, non-commissioned officers, soldiers, civil servants, and defense employees) directly engaged in combat, combat support, or working in difficult areas or special professions;

c) Time of service stipulated in Point a, b of this Clause if interrupted without having received one-time allowance (demobilization, discharge, resignation) can be accumulated.

In cases where the time of service, additional time due to conversion, and early retirement age stipulated in this Decree have fractional months, they shall be calculated as follows: less than three months are not counted, from three months to six months inclusive is counted as half a year, more than six months up to twelve months is counted as one full year.

Article 3. Regime and policies for professional military personnel retiring

The regime and policies for professional military personnel retiring under point a and b, Clause 1, Article 40 of the Law shall be implemented as follows:

1. Professional military personnel who meet the conditions to retire according to the laws on social insurance and according to Clause 1, Article 22 of the Law shall enjoy social insurance benefits according to the current provisions of the laws on social insurance.

2. Professional military personnel who retire before the highest age limit stipulated in Clause 2, Article 17 of the Law due to changes in organizational structure as decided by the competent authority and the Military no longer has a need to deploy them shall not have their pension rate reduced for retiring early and, in addition to enjoying social insurance benefits and preferential policies for persons with meritorious service in the revolution (if applicable) according to current regulations, they shall also receive a one-time allowance as prescribed below:

a) They shall receive a one-time allowance of three months' salary for each year retired before the age limit;

b) They shall be granted an allowance equivalent to five months' basic salary for the first twenty years of service. For each year of service from the twenty-first year onwards, they shall be granted an allowance equivalent to half a month's basic salary.

Article 4. Regime and policies for professional military personnel demobilizing

The regime and policies for professional military personnel demobilizing under point a and c, Clause 3, Article 40 of the Law shall be prescribed as follows:

1. They shall be granted an employment creation allowance equivalent to six months' basic salary as stipulated by the Government at the time of demobilization; they shall be supported in vocational training or introduced to jobs by job introduction organizations of ministries, sectors, mass organizations, localities, and other socio-economic organizations.

2. They shall receive a one-time demobilization allowance, with each year of service entitling them to an allowance equivalent to one month's salary of the last month before demobilization.

3. They shall enjoy a one-time social insurance benefit or retain the period of social insurance participation according to the current provisions of the laws on social insurance.

4. They shall be given priority in adding points in civil servant recruitment examinations or selection processes as stipulated in Article 5 of Decree No. 24/2010/NĐ-CP dated March 15, 2010 of the Government on the recruitment, use, and management of civil servants; or be given priority when determining successful candidates in the examination for public officials as stipulated in Clause 2, Article 10 of Decree No. 29/2012/NĐ-CP dated April 12, 2012 of the Government on the recruitment, use, and management of public officials.

Article 5. Regime and policies for defense workers and civil servants retiring

The regime and policies for defense workers and civil servants retiring under point a and b, Clause 1, Article 41 of the Law shall be prescribed as follows:

1. Defense workers and civil servants who meet the conditions to retire according to Clause 1, Article 34 of the Law shall enjoy social insurance benefits according to the current provisions of the laws on social insurance.

2. Defense workers and civil servants who retire before the highest age limit stipulated in Article 31 of the Law due to changes in organizational structure as decided by the competent authority and the Military no longer has a need to deploy them shall not have their pension rate reduced for retiring early and, in addition to enjoying social insurance benefits according to current laws, they shall also receive a one-time allowance similar to that provided for professional military personnel under Clause 2, Article 3 of this Decree.

Article 6. Treatment and policies for professional military personnel, workers, and defense officials serving in the Military who have died or passed away

The treatment and policies for professional military personnel, workers, and defense officials serving in the Military who have died or passed away according to Clause 2 and 3 of Article 42 of the Law shall be implemented as follows:

1. Professional military personnel, workers, and defense officials serving in the Military who die during their service period, if meeting the conditions stipulated by the laws on preferential treatment for persons with meritorious services to the revolution, shall be recognized as martyrs; relatives of professional military personnel, workers, and defense officials shall enjoy treatment and policies as prescribed by the laws on preferential treatment for persons with meritorious services to the revolution, social insurance laws, and shall receive a one-time allowance, with each year of work entitling them to an allowance equivalent to one month's salary of the last month before death.

2. Professional military personnel, workers, and defense officials serving in the Military who pass away during their service period, their relatives shall enjoy treatment and policies as prescribed by the social insurance laws and a one-time allowance, with each year of work entitling them to an allowance equivalent to one month's salary of the last month before passing away.

3. Relatives of professional military personnel, workers, and defense officials enjoying the one-time allowance as prescribed in Clause 1 and 2 of this Article include: wife or husband; father, mother; lawful fosterer; biological child, lawful adopted child.

Article 7. One-time allowance regime for professional military personnel, workers, and defense officials with direct combat, combat support, or difficult area service periods, or special natured professions when ceasing service in the Military or dying or passing away during their service period

1. Professional military personnel, workers, and defense officials with direct combat, combat support, or difficult area service periods, or special natured professions shall have their service time converted for calculating the one-time allowance regime upon retirement, demobilization, resignation, job transfer, leave under the war invalids' system, or dying or passing away during their service period in the Military according to Clause 5 of Article 40 and Clause 4 of Article 41 of the Law, as follows:

a) For direct combat or combat support service time, that time shall be converted at a rate of one year equal to one year and six months;

b) For service time in areas with a special location allowance of 100% or performing special military professions classified as particularly arduous, toxic, or dangerous labor, that time shall be converted at a rate of one year equal to one year and four months;

c) For service time in areas with a location coefficient of 0.7 or higher or performing special military professions classified as arduous, toxic, or dangerous labor, that time shall be converted at a rate of one year equal to one year and two months.

In cases where the same service period meets two or three of the above conditions simultaneously, only the highest conversion rate shall apply; interrupted converted service time shall be accumulated for calculating the allowance.

2. The additional time gained from the conversion as prescribed in Clause 1 of this Article shall be calculated for the one-time allowance regime at a rate of one month's salary of the last month before ceasing service in the Military or dying or passing away for each additional year gained from the conversion.

Article 8. Medical Insurance Regime for Relatives of Defense Workers and Civil Servants Serving in the Military

The medical insurance regime for relatives of defense workers and civil servants serving in the military, as stipulated in Clause 3, Article 39 of the Law, is prescribed as follows:

1. Relatives of defense workers and civil servants serving in the military who do not have a medical insurance regime shall enjoy the medical insurance regime as provided for the relatives of officers, professional soldiers, non-commissioned officers, and conscripts of the military as stipulated in Point 1, Clause 3, Article 12 of the Health Insurance Law, amended and supplemented in 2014.

2. Relatives of defense workers and civil servants serving in the military enjoying the medical insurance regime as prescribed in Clause 1 of this Article include: father, mother; father, mother of spouse; legally recognized foster parent of themselves, spouse; spouse; biological children, legally adopted children under 18 years old; biological children, legally adopted children aged 18 or older but with disabilities as prescribed by law.

3. The contribution level, responsibility for contributions, method of contribution to health insurance; the level of health insurance benefits; health insurance card; method of payment for health insurance examination and treatment costs; and the responsibility for implementing health insurance for relatives of defense workers and civil servants serving in the military shall be implemented as for the relatives of officers, professional soldiers, non-commissioned officers, and conscripts on active duty according to the provisions of the law on health insurance.

Article 9. Funding Assurance

1. The sources of funds to implement the subsidy regimes prescribed in Clause 2, Article 3; Clause 1, 2, Article 4; Clause 2, Article 5; Clause 1, 2, Article 6; Clause 2, Article 7 of this Decree shall be guaranteed from the state budget according to the provisions of the State Budget Law.

2. The source of funds to support purchasing health insurance for relatives of defense workers and civil servants as prescribed in Article 8 of this Decree shall be implemented as follows:

a) For budgetary units guaranteed by the state budget according to the provisions of the State Budget Law;

b) For public service units using their own funding sources according to the provisions of Government Decree No. 16/2015/NĐ-CP dated February 14, 2015 on the mechanism of self-management of public service units and the provisions of the law on the mechanism of self-management of public service units in various fields;

c) For enterprises which are included in deductible expense items when determining corporate taxable income.

Article 10. Effective Date

1. This Decree takes effect from December 30, 2016.

2. The regimes and policies prescribed in this Decree shall be implemented from July 1, 2016.

3. When the referenced documents in this Decree are amended, supplemented, or replaced by other documents, the content of the references shall be adjusted and implemented according to the new document.

4. Clause 3, Article 13 of Government Decree No. 21/2009/NĐ-CP dated February 23, 2009 detailing and guiding the implementation of certain articles of the Law on Officers of the Vietnam People's Army regarding the regimes and policies for officers retiring from active service; officers on active service who die or pass away; and officers on active service transferring to professional soldiers or civil servants in national defense shall cease to be effective from July 1, 2016.

Article 11. Responsibility for Implementation

1. The Minister of National Defense shall be responsible for guiding the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government agencies, and chairpersons of provincial people's committees directly under the central government are responsible for implementing this Decree./.