Circular No. 16/TBXH guides the implementation of the system for workers and officials from the old regime working in state agencies and enterprises who must retire upon reaching retirement age.

 CIRCULAR

NUMBER 16 - TBXH OF THE MINISTRY OF VETERANS AFFAIRS AND SOCIAL WELFARE ON JULY 18, 1980 GUIDING THE IMPLEMENTATION OF REGULATIONS FOR WORKERS AND OFFICIALS FROM THE OLD SYSTEM WHO ARE NOW RETIRED FROM STATE ORGANIZATIONS AND ENTERPRISES

On June 4, 1980, the Council of Ministers issued Decision No. 174-CP regarding the regulations for workers and officials from the old system in the South who are now retired from state organizations and enterprises to ensure their living standards in old age and meet current specific requirements.

After exchanging opinions with relevant sectors, the Ministry of Veterans Affairs and Social Welfare provides detailed guidance on implementation as follows:

1. Recipients and Conditions for Receiving Benefits.

a. The recipients of benefits under Decision No. 174-CP of the Council of Ministers include workers and officials who were still employed on April 30, 1975, in state organizations and enterprises (including private enterprises) under the old system in southern provinces and cities, and who have continued working in state organizations and enterprises, or in joint public-private enterprises that have implemented state wage systems since April 30, 1975 (hereinafter referred to as organizations and enterprises).

Those who had to temporarily stop working after April 30, 1975, due to enterprise production halts but resumed work when production resumed, remain eligible for implementation of Decision No. 174-CP.

However, those who stopped working before or after April 30, 1975, and were later re-employed, even if they continue to work in the same organizations or enterprises, are not eligible for implementation of this decision.

b. Workers and officials mentioned above who are entitled to monthly allowances must meet the conditions set forth in Article 1 of Decision No. 174-CP, specifically:

- Men aged 60 or older, women aged 55 or older; or men aged 55 or older, women aged 50 or older, if they are engaged in particularly arduous jobs; specifically, jobs classified as Class V in the Labor Classification Table issued by the Ministry of Labor pursuant to Decision No. 278-LD/QD dated January 13, 1976: acrobatics, ballet (including dance instructors), or other similar performing arts requiring equivalent physical exertion; locomotive drivers and firemen; manure spreaders.

- Having at least 15 years of service in total, including at least 5 years of work under the new system.

Total service time includes the period of work under the new system plus all periods of employment prior to April 30, 1975, in government offices, production and business establishments, hospitals, and private schools.

Service time under the new system is calculated from the actual time worked in state organizations and enterprises after April 30, 1975. If working for a private enterprise that has since become state-owned or a joint public-private enterprise, the calculation starts from April 30, 1975.

Time off work due to enterprise production halts immediately following the liberation of the South is not counted.

For workers and officials with high professional qualifications, such as scientific and technical personnel, who meet the aforementioned conditions but are still healthy and needed by production and work demands, may be retained to continue working.

2. Monthly Allowances and Other Benefits.

a. Workers and officials meeting the above conditions will receive monthly allowances as follows:

- 35 dong for those engaged in scientific and technical work or heavy and health-hazardous jobs, or direct production workers.

Scientific and technical workers referred to here are those involved in research, teaching, and practical work in various fields of science (including natural and social sciences) at the intermediate level or higher.

Heavy and health-hazardous jobs refer to those classified as Classes III, IV, and V in the Labor Classification Table and the jobs specified in point 1b above. If these individuals were transferred to other jobs after April 30, 1975, due to work requirements, they also qualify for a 35-dong allowance.

- 25 dong for other workers. Other workers are those engaged in jobs not specifically covered above.

b. In addition to monthly allowances, after retirement, these workers and officials can purchase food supplies, receive medical examinations and treatment, and upon death, receive funeral expenses as provided for retirees.

3. Procedures for Documentation and Implementation.

a. The documentation for those receiving benefits is similar to that of retirees (including decisions, personal forms, salary termination certificates, and photographs) prepared by the managing organization or enterprise. Personal history records on the application form must be based on the applicant's post-April 30, 1975, declaration (previously guided by the Organizational Department or Labor Bureau).

The head of the organization or enterprise is responsible for confirming the applicant's documentation; if there are unclear cases, the organization or enterprise should send someone to verify rather than allowing the applicant to obtain confirmation themselves.

b. Provincial Veterans' and Social Welfare Departments must review the applications. If the applications are valid, meet the criteria, and comply with the policy, they should issue a certificate for monthly allowances and simultaneously forward the applicant's file to the Ministry of Veterans Affairs and Social Welfare for verification and archiving.

c. Funding for monthly allowances and other expenses for workers and officials benefiting from this policy (travel expenses for medical examinations and treatments, funeral expenses) comes from the veterans' and social welfare fund (1%).

The Department of War Invalids and Social Affairs shall issue claim forms, establish registers, and provide allowances, prepare the necessary documents to transfer funds via bank (savings fund) to pay the allowance to the beneficiaries. Until the specific claim form for receiving allowance 10/TRC is available for the aforementioned individuals, the temporary method of authorizing a single payment (2/TRC) will be applied and the beneficiaries will be notified to collect the money (3/TRC). This type of allowance shall be recorded in the quarterly settlement reports under social insurance allowance for workers and officials as allowance 174 - CP.

Decision No. 174 - CP dated June 4, 1980 of the Council of Ministers and this Circular must be disseminated to cadres, workers, and officials so that they fully understand and strictly ensure implementation./.