Decree No. 16/2025/NĐ-CP amends and supplements certain Articles of Decree No. 72/2020/NĐ-CP dated June 30, 2020, of the Government detailing certain provisions of the Law on Militia and Self-Defense Forces regarding organization, construction of forces, and treatment and policies for Militia and Self-Defense Forces.

DECREE

Amending and supplementing certain articles of Decree No. 72/2020/NĐ-CP dated June 30, 2020 of the Government detailing certain provisions of the Law on Militia and Self-Defense Forces regarding organization, construction of forces, and treatment policies for Militia and Self-Defense ForcesPursuant to the Social Insurance Law dated November 20, 2014; Pursuant to the Health Insurance Law dated November 14, 2008; Law amending and supplementing certain provisions of the Health Insurance Law dated June 13, 2014;

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Based on the Militia Self-Defense Law dated November 22, 2019;

Pursuant to the Law on Military Service dated June 19, 2015;

Pursuant to Resolution No. 104/2023/QH15 dated November 10, 2023 of the National Assembly on the state budget estimate for 2024;

Pursuant to Resolution No. 142/2024/QH15 dated June 29, 2024 of the seventh session of the 15th National Assembly;

Pursuant to the Labor Safety Law dated June 25, 2015;

The Government promulgates this Decree amending and supplementing certain articles of Decree No. 72/2020/NĐ-CP dated June 30, 2020 of the Government detailing certain provisions of the Law on Militia and Self-Defense Forces regarding organization, construction of forces, and treatment policies for Militia and Self-Defense Forces.

Article 1. Amending and supplementing certain articles of Decree No. 72/2020/NĐ-CP dated June 30, 2020 of the Government detailing certain provisions of the Law on Militia and Self-Defense Forces regarding organization, construction of forces, and treatment policies for Militia and Self-Defense Forces as follows:

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

1. Amending Clause 1 of Article 7 as follows:

"1. The monthly rank allowance for Militia and Self-Defense Forces Commanders and Political Commissars at the commune level; Commanders and Political Commissars of Militia and Self-Defense Forces units under agencies and organizations; Battalion Commanders and Political Commissars of battalions; Flotilla Commanders and Political Commissars of flotillas; Squadron Commanders and Political Commissars of squadrons of permanent Militia and Self-Defense Forces; Company Commanders and Political Commissars of mobile Militia and Self-Defense Forces companies: VND 561,600;

b) Deputy Commanders and Deputy Political Commissars of Militia and Self-Defense Forces units at the commune level; Deputy Commanders and Deputy Political Commissars of Militia and Self-Defense Forces units under agencies and organizations; Company Commanders and Political Commissars of companies; Flotilla Commanders and Political Commissars of flotillas; Squadron Commanders and Political Commissars of squadrons of permanent Militia and Self-Defense Forces; Deputy Company Commanders and Deputy Political Commissars of mobile Militia and Self-Defense Forces companies: VND 514,800;

c) Deputy Company Commanders and Deputy Political Commissars of companies; Deputy Flotilla Commanders and Deputy Political Commissars of flotillas; Deputy Squadron Commanders and Deputy Political Commissars of squadrons of permanent Militia and Self-Defense Forces; Deputy Company Commanders and Deputy Political Commissars of mobile Militia and Self-Defense Forces companies: VND 491,400;

d) Company Commanders and Political Commissars of companies; Squadron Commanders and Political Commissars of squadrons; Platoon Commanders of mobile Militia and Self-Defense Forces, Platoon Commanders of permanent Militia and Self-Defense Forces: VND 468,000;

đ) Village Militia Leaders: VND 280,800 and additionally receive 100% of the rank allowance for platoon leaders when concurrently serving as platoon leaders of local Militia and Self-Defense Forces, or 100% of the rank allowance for platoon leaders when concurrently serving as platoon leaders of local Militia and Self-Defense Forces. In cases where villages organize local Militia and Self-Defense Forces squads, they will additionally receive 100% of the rank allowance for platoon leaders;

e) Deputy Company Commanders and Deputy Political Commissars of companies; Deputy Squadron Commanders and Deputy Political Commissars of squadrons: VND 351,000;

g) Platoon Commanders; Platoon Leaders of permanent Militia and Self-Defense Forces: VND 280,800;

h) Platoon Leaders, Ship Captains, Gun Crew Leaders: VND 234,000".

a) Supplementing the name of the article as follows:

"Article 8. Monthly allowances, one-time subsidies, and food money for Deputy Commanders of Militia and Self-Defense Forces units at the commune level, Village Militia Leaders".

b) Supplementing Point c Clause 1 of Article 8 as follows:

2. Amend and supplement Article 8 as follows:

"c) For Deputy Commanders of Militia and Self-Defense Forces units at the commune level during their duty periods for combat readiness, training, education, and command of Militia and Self-Defense Forces units according to approved plans or decisions of the People's Committee Chairmen at the commune level or higher, their food expenses shall be covered at the basic food rate for non-commissioned officers and soldiers of the infantry currently serving; additional food expenses for holidays and festivals shall be covered at the additional food rate for holidays and festivals for non-commissioned officers and soldiers of the infantry currently serving in the Vietnam People's Army".

c) Amending Clause 2 of Article 8 as follows:

"2. For Village Militia Leaders: The monthly allowance shall be decided by the Provincial People's Committee and submitted to the Provincial People's Council for approval but shall not be less than VND 1,170,000".

3. Amending Clause 3 of Article 10 as follows:

"3. The seniority allowance for Commanders and Political Commissars, Deputy Commanders and Deputy Political Commissars of Militia and Self-Defense Forces units at the commune level shall be paid together with their salary and monthly allowances.

The seniority allowance for Commanders of Militia and Self-Defense Forces units at the commune level shall be included in social insurance and health insurance contributions and benefits".

a) Amending and supplementing Point a Clause 1 of Article 11 as follows:

"a) The daily labor subsidy shall be decided by the Provincial People's Committee and submitted to the Provincial People's Council for approval, but shall not be less than VND 327,600; in cases where the term of service in the Militia and Self-Defense Forces is extended according to the decision of the competent authority, the increased subsidy shall not be less than 50% of the current daily labor subsidy;

In cases where Militia and Self-Defense Forces personnel perform tasks against terrorism, hostage rescue, crime suppression, dispersing demonstrations and riots; preventing and controlling dangerous epidemics in high-risk areas; rescuing from collapses, rescuing and firefighting, disaster relief in dangerous areas threatening lives according to the decision of the Militia and Self-Defense Forces Commander of the local military agency at the district level or higher, the increased daily labor subsidy shall not be less than 50% of the current daily labor subsidy".

4. Amend Article 11 as follows:

b) Amending and supplementing Point b Clause 1 of Article 11 as follows:

"b) The basic food rate and additional food rates for holidays and festivals shall be the same as the current basic food rate and additional food rates for holidays and festivals for non-commissioned officers and soldiers of the infantry currently serving in the Vietnam People's Army".

c) Amending and supplementing Point a Clause 2 of Article 11 as follows:

"a) When performing tasks, except for maritime defense and protection tasks: The daily labor subsidy and increased daily labor subsidy according to the provisions of Point a Clause 1 of this Article; the food allowance for permanent Militia and Self-Defense Forces personnel when the ship is docked at the port or sailing on duty shall be the same as the food allowance for non-commissioned officers and soldiers of the Navy on Type 1 ships when docked at the port or sailing on duty".

d) Amending and supplementing Point b Clause 2 of Article 11 as follows:

"b) When performing maritime defense and protection tasks: The daily labor subsidy shall be VND 585,000; the food allowance per person per day shall be VND 234,000;

For ship captains, engine room chiefs, ship drivers, and mechanics, the responsibility allowance shall be calculated based on actual days working at sea, VND 187,200 per person per day".

d) Amend and supplement Point b Clause 2 Article 11 as follows:

“b) When performing tasks to protect maritime islands and territorial waters: The daily labor allowance rate is VND 585,000; the daily food allowance per person is VND 234,000;

For captains, chief engineers, ship pilots, and mechanics, the responsibility allowance rate is calculated based on actual days at sea, VND 187,200 per person per day”.

5. Amend and supplement Article 12 as follows:

a) Amend Clause 2 of Article 12 as follows:

“2. The one-time allowance for regular civilian militia members when recognized as having completed their military service obligation during peacetime shall be 4,680,000 VND for each year of service in the regular civilian militia unit. In cases with fractional months, it shall be calculated as follows: less than one month will not be eligible for allowance; from one to six months, they will receive 50% of the annual allowance; from seven to eleven months, they will receive the full annual allowance.”

b) Amend and supplement Clause 4 of Article 12 as follows:

“4. Social insurance regime for regular civilian militia members

a) Regular civilian militia members fall under the category of mandatory social insurance contributors according to point e, Clause 1, Article 2 of the Social Insurance Law 2014 and point a, Clause 2, Article 2 of Decree No. 33/2016/NĐ-CP dated May 10, 2016 of the Government detailing and guiding the implementation of certain provisions of the Social Insurance Law on mandatory social insurance for military personnel, police officers, and personnel engaged in confidential work with salaries equivalent to those of military personnel;

b) The period of social insurance contributions shall be counted from the date of the decision to perform the regular civilian militia duty until the date of the decision recognizing the completion of the regular civilian militia duty or the termination of the duty before the deadline as decided by the competent authority;

c) The monthly social insurance contribution rate for regular civilian militia members: Contributions to the pension and death benefit fund shall be made according to point b, Clause 2, Article 86 of the Social Insurance Law 2014; contributions to the occupational accident and occupational disease fund shall be made according to Clause 2, Article 4 of Decree No. 58/2020/NĐ-CP dated May 27, 2020 of the Government stipulating the contribution rates for mandatory social insurance into the occupational accident and occupational disease fund;

d) Regular civilian militia members who have been recognized as having completed their regular civilian militia duty or terminated their duty before the deadline as decided by the competent authority and do not meet the conditions for receiving monthly old-age pension benefits according to regulations, if they do not wish to retain their social insurance contribution period and do not continue to participate in voluntary social insurance, shall receive a one-time social insurance benefit according to Article 10 of Decree No. 33/2016/NĐ-CP dated May 10, 2016 of the Government. The amount of the one-time social insurance benefit shall be applied according to Clause 2, Article 60 of the Social Insurance Law 2014;

đ) Regular civilian militia members who die in one of the cases specified in Clause 1, Article 67 of the Social Insurance Law 2014, then the dependents specified in Clauses 2, 3, and 4, Article 67 of the Social Insurance Law 2014 shall receive monthly survivor's pension benefits at the level specified in Article 68 of the Social Insurance Law 2014. Regular civilian militia members who die in one of the cases specified in Article 69 of the Social Insurance Law 2014, then the dependents shall receive a one-time survivor's pension benefit at the level specified in Article 70 of the Social Insurance Law 2014;

e) Regular civilian militia members who die in the case specified in Clause 1, Article 66 of the Social Insurance Law 2014, then the person responsible for funeral arrangements for the regular civilian militia member shall receive funeral allowance according to the level specified in Clause 2, Article 66 of the Social Insurance Law 2014, Clause 2 and Clause 3, Article 13 of Decree No. 33/2016/NĐ-CP dated May 10, 2016 of the Government detailing certain provisions of the Social Insurance Law on mandatory social insurance;

g) If regular civilian militia members suffer from occupational accidents or occupational diseases and meet the conditions stipulated in Articles 45 and 46 of the Labor Safety and Health Law 2015, they shall enjoy the occupational accident and occupational disease benefits as stipulated in Clause 1, Article 42 and Articles 48, 49, 51, 52, 53, 54, 55, and 56 of the Labor Safety and Health Law 2015;

h) The funding for social insurance contributions for regular civilian militia members shall be guaranteed by the local budget, and the local budget shall contribute monthly to the social insurance fund managed uniformly by the Vietnam Social Security;

i) When performing duties, if regular civilian militia members are injured or killed and recognized by competent authorities as war invalids or persons entitled to benefits similar to war invalids or martyrs, in addition to enjoying preferential policies for persons with meritorious service guaranteed by the state budget, they still implement the occupational accident and death benefits regime as stipulated in points đ, e, and g of this clause.”

c) Supplement Clause 4a as follows:

“4a. The health insurance regime for regular civilian militia members shall be implemented in accordance with the laws on health insurance.”

d) Supplement Clause 4b as follows:

“4b. The implementation of the mandatory social insurance and health insurance policies for regular civilian militia members shall be carried out by the provincial social security agency in accordance with the law and the delegation and guidance of the Vietnam Social Security.”

6. Amend Clause 2 of Article 13 as follows:

“2. When performing tasks to protect sea islands and maritime areas, they shall enjoy the regime prescribed in Clause 1 of this Article and receive an additional 50% of the salary grade based on actual mobilization days, with daily food allowance of 234,000 VND per person; if the actual amount is lower than the above regulation, it shall be applied according to point a, Clause 2, Article 11 of this Decree.”

7. Amend Clause 3 of Article 15 as follows:

a) Amend point a, Clause 3 of Article 15 as follows:

“a) In case of an accident: During the treatment period for the accident, they shall enjoy medical examination and treatment costs as stipulated in Clause 2, Article 14 of this Decree, including cases where the injury recurs until discharge. If the accident results in a 5% reduction in working capacity, they shall receive a one-time allowance of 11,700,000 VND; for every additional 1% reduction thereafter, they shall receive 1,170,000 VND; for a reduction of working capacity of 81% or more, they shall receive 140,400,000 VND.”

b) Amend point b, Clause 3 of Article 15 as follows:

“b) In case of an accident leading to death: Dependents shall receive a one-time survivor's pension of 84,240,000 VND; the person responsible for funeral arrangements shall receive funeral expenses of 23,400,000 VND.”

c) Amend point c, Clause 3 of Article 15 as follows:

"c) In case of death due to illness: The relatives shall receive a one-time pension allowance of 11,700,000 VND; the person handling funeral arrangements shall receive funeral expenses amounting to 23,400,000 VND."

8. Supplement Article 15a as follows:

"Article 15a. Budget for training the Head of the Military Command Board at the Commune Level

1. The central budget shall ensure the training of the Head of the Military Command Board at the commune level in the basic military service sector, with the content and standards applied being the same as those provided for the training of officers commanding composite battalion-level units.

2. Annually, the Ministry of National Defense shall prepare the budget estimate for training the Head of the Military Command Board at the commune level in the basic military service sector, which shall be consolidated into the Ministry of National Defense's budget estimate for submission to the competent authority for consideration and decision by the Ministry of Finance."

Article 2. Transitional provisions

1. In cases where the militia members are still serving in the standing militia unit during the period from July 1, 2020 to before the effective date of this Decree, if they have not been enrolled in social insurance or have not been fully enrolled according to the provisions of this Decree, then the localities shall be responsible for enrolling them in social insurance or backpaying their social insurance contributions without interest for late payment as stipulated in Clause 3, Article 122 of the Social Insurance Law 2014.

2. Militia members who are hospitalized before the effective date of this Decree but discharged after its effective date shall be covered by the health insurance fund within the scope and level of benefits prescribed by this Decree.

Article 3. Effectiveness

This Decree shall take effect from March 23, 2025.

Article 4. Responsibilities for Implementation

1. In cases where the legal normative documents referred to for application under this Decree are amended, supplemented, or replaced, they shall be implemented according to the provisions of the amended, supplemented, or replacing documents.

2. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under the Central Government, relevant agencies, organizations, and individuals shall be responsible for implementing this Decree./.