Circular No. 162/2017/TT-BQP guides the implementation of certain Articles of Decree No. 151/2016/NĐ-CP dated November 11, 2016, of the Government detailing and guiding the enforcement of certain provisions regarding the regime and policies for professional military personnel, workers, and defense civil servants under the Law on Professional Military Personnel, Workers, and Defense Civil Servants.

CIRCULAR

Guidelines for implementing certain provisions of Decree No. 151/2016/NĐ-CP dated November 11, 2016 of the Government detailing and guiding the implementation of certain provisions regarding the regime and policies under the Law on Professional Military Personnel, the Ordinance on Workers and Civil Servants in National Defense dated November 26, 2015;

Decree No. 151/2016/NĐ-CP dated November 11, 2016 of the Government detailing and guiding the implementation of certain provisions regarding the regime and policies under the Law on Professional Military Personnel, Workers and Civil Servants in National Defense;

The Law on Professional Military Personnel, Workers and Civil Servants in National Defense.

Pursuant to the Law on Professional Military Personnel, Defense Workers, and Civil Servants dated November 26, 2015;

On the basis of This Circular guides the implementation of regimes and policies for professional military personnel, workers and civil servants in national defense who retire, demobilize, die, or pass away; conversion of working time; health insurance regime for relatives of workers and civil servants in national defense as prescribed in Decree No. 151/2016/NĐ-CP dated November 11, 2016 of the Government detailing and guiding the implementation of certain provisions regarding the regime and policies under the Law on Professional Military Personnel, Workers and Civil Servants in National Defense (hereinafter referred to as Decree No. 151/2016/NĐ-CP); responsibilities of relevant agencies, units, and enterprises.

Decree No. 1. Professional military personnel, workers, and civil servants in national defense currently working in agencies, units, and enterprises under the Ministry of National Defense. 2. Relatives of professional military personnel, workers, and civil servants in national defense currently working in the Ministry of National Defense.

Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

At the proposal of the Director of the General Political Department;

The Minister of National Defense issues this Circular guiding the implementation of certain provisions of Decree No. 1. Professional military personnel, workers, and civil servants in national defense currently working in agencies, units, and enterprises under the Ministry of National Defense. 3. Agencies, units, and enterprises under the Ministry of National Defense.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 3. Salary and working time for calculating benefits

Article 2. Applicability

a) The monthly salary for calculating the one-time allowance stipulated in Clause 2, Article 3; Clause 2, Article 5 of Decree No. 151/2016/NĐ-CP and Clause 3, Article 5 of this Circular shall be calculated based on the average monthly social insurance contribution salary of the last five years before the professional military personnel, workers, and civil servants in national defense retire.

b) The monthly salary for calculating the one-time allowance stipulated in Clause 2, Article 4; Clause 1, 2, Article 6; Clause 2, Article 7 of Decree No. 151/2016/NĐ-CP and Clause 1, Article 6; Clause 1, Article 7 and Article 9 of this Circular shall be the monthly social insurance contribution salary of the month immediately preceding the date when the professional military personnel, workers, and civil servants in national defense retire, demobilize, resign, or die, or pass away.

c) The monthly salary for calculating the one-time allowance as specified in points a and b of this clause includes: Salary according to type, group, grade for professional military personnel and defense workers; group, rank, grade for defense civil servants and allowances for leadership positions, seniority allowances exceeding the ceiling, occupational seniority allowances, and retention coefficient (if applicable).

a) The working time for calculating the one-time allowance stipulated in point b, Clause 2, Article 3; Clause 2, Article 4; Clause 2, Article 5; Clause 1, 2, Article 6 of Decree No. 151/2016/NĐ-CP and point b, Clause 3, Article 5; Clause 1, Article 6; Clause 1, Article 7 of this Circular is the total working time in the military (including time as officers, professional military personnel, non-commissioned officers, soldiers, defense workers and civil servants) and working time at agencies, units receiving state budget salaries and contributing to social insurance before joining the military service, excluding working time at agencies, units contributing to social insurance but already enjoying demobilization benefits, discharge, or resignation.

1. Salary for Entitlement Calculation

b) The working time for calculating the converted one-time allowance stipulated in Article 7 of Decree No. 151/2016/NĐ-CP and Article 8 of this Circular is the total working time in the military (including time as officers, professional military personnel, non-commissioned officers, soldiers, defense workers and civil servants) directly engaged in combat, supporting combat operations, or working in difficult areas or special industries.

c) Working time as specified in points a and b of this clause, if interrupted without receiving a one-time allowance (demobilization, discharge, resignation), can be accumulated.

3. In cases where working time, additional time due to conversion, and early retirement age as stipulated in Decree No. 151/2016/NĐ-CP and this Circular have fractional months, they shall be calculated as follows: less than three months are not counted, from three to six months inclusive are counted as half a year, and more than six months up to twelve months are counted as one full year.

2. Length of Service for Entitlement Calculation

REGIME AND POLICIES FOR PROFESSIONAL MILITARY PERSONNEL,

b) The period of service for calculating the one-time allowance as prescribed in Article 7 of Decree No. 151/2016/NĐ-CP and Article 8 of this Circular is the total time of service in the Military (including time as officers, professional soldiers, non-commissioned officers, enlisted personnel, and defense civil servants) directly engaged in combat, supporting combat, or working in difficult areas or special professions;

c) The periods of service specified in points a and b of this clause, if interrupted without receiving the one-time allowance (resignation, discharge from military service, termination of employment), shall be accumulated;

3. In cases where the period of service, the additional period due to conversion, and the early retirement period under Decree No. 151/2016/NĐ-CP and this Circular contain fractional months, they shall be calculated as follows: less than three months shall not be counted, from three to six months inclusive shall be counted as half a year, and more than six months up to twelve months shall be counted as one full year;

Chapter II
REGIME AND POLICY FOR PROFESSIONAL SOLDIERS,

The Minister of National Defense issues this Circular to regulate the selection and recruitment of professional soldiers, defense workers, and defense civil servants.

Article 4. Conditions for retirement and benefits/policies upon retirement

1. Professional military personnel who have a decision to cease active service may retire if they fall under one of the following circumstances:

a) Meeting the conditions for retirement as stipulated in Article 8 of Decree No. 33/2016/NĐ-CP dated May 10, 2016, detailing and guiding the implementation of certain provisions of the Social Insurance Law regarding mandatory social insurance for military personnel, public security officers, and personnel engaged in confidential work with salaries equivalent to those of military personnel;

b) Reaching the maximum age limit for active service according to the rank specified in Clause 2, Article 17 of the Law on Professional Military Personnel, Workers, and Civil Servants in National Defense, and having at least 20 years of social insurance contributions;

c) Being 40 years old, having at least 20 years of social insurance contributions, including at least 15 years as combatants as defined in Circular No. 213/2016/TT-BQP dated December 23, 2016, issued by the Ministry of National Defense, which specifies the position of combatant in the standing forces of the People's Army that the Army cannot continue to deploy or transfer to another profession.

2. Workers and civil servants in national defense who have a decision to cease service in the military may retire if they fall under one of the following circumstances:

a) Meeting the conditions as stipulated in Clause 1, Article 54 and Clause 1, Article 55 of the Social Insurance Law 2014; Article 6 of Decree No. 115/2015/NĐ-CP dated November 11, 2015, detailing certain provisions of the Social Insurance Law regarding mandatory social insurance;

b) Men aged 50, women aged 45, with at least 20 years of social insurance contributions, including at least 15 years as defense workers;

c) In cases where the conditions set out in points a and b above are not met due to changes in organizational structure leading to the military no longer requiring their deployment, men aged 55 to under 60, women aged 50 to under 55, and having at least 20 years of social insurance contributions may be retired.

3. Upon retirement, professional military personnel, workers, and civil servants in national defense shall enjoy social insurance benefits as prescribed in the Social Insurance Law 2014 and detailed and guiding documents for certain provisions of the Social Insurance Law regarding mandatory social insurance.

Article 5. Conditions and one-time allowance for retiring before the age limit

1. The subjects specified in Clause 1, Article 2 of this Circular shall be entitled to a one-time allowance for retiring before the age limit when they are surplus personnel in agencies, units, and military enterprises that have been decided to be dissolved, merged, reduced, downgraded, or restructured, resulting in a reduction in numbers and the military no longer requiring their deployment or being unable to assign new positions.

Cases meeting the conditions for a one-time allowance for retiring before the age limit must be reviewed and proposed from the grassroots party committee to the central party committee under the Central Military Commission and approved by the Standing Committee of the Central Military Commission and the Head of the Ministry of National Defense.

2. The age limit for calculating the one-time allowance when professional military personnel, workers, and civil servants in national defense retire before the age limit is implemented according to Clause 2, Article 17, and Article 31 of the Law on Professional Military Personnel, Workers, and Civil Servants in National Defense, specifically as follows:

a) For professional military personnel

b) For workers and civil servants in national defense

Men 60 years old; women 55 years old.

c) The age for determining whether professional military personnel, workers, and civil servants in national defense retire before the age limit compared to the highest age limit according to rank guidance in point a or the highest age limit for workers and civil servants in national defense in point b of this clause must be at least one year (12 months) less than the highest age limit, calculated from the month of birth to the month immediately preceding the month when the professional military personnel, workers, and civil servants in national defense start receiving monthly pension.

If the file does not specify the date and month of birth but only the year of birth, then the date 01 of January and the year of birth of the subject will be used as the basis for calculating the retirement age.

Example 1: Comrade Lieutenant Colonel Nguyen Thi K, born in September 1968, enlisted in September 1986, according to current regulations, Comrade K would reach the age limit for active service according to rank on October 1, 2020 (52 years old). However, due to unit merger, the military no longer requires her deployment, she was authorized to retire early and receive monthly pension from October 1, 2018 (50 years old). Therefore, Comrade K is entitled to a one-time allowance for retiring before the age limit corresponding to the Lieutenant Colonel rank (as Comrade K retired two years earlier than the age limit for the Lieutenant Colonel rank, i.e., 24 months).

d) The rank for determining the highest age limit corresponding to professional military personnel as guided in point a of this clause is the rank at the time of the decision on retirement (pre-retirement leave) by the competent authority.

Example 2: Comrade Lieutenant Colonel Nguyen Van A, born in September 1967, enlisted in February 1986, due to unit dissolution, the military no longer requires his deployment, he was authorized to retire (pre-retirement leave) from October 1, 2016, with the rank of Lieutenant Colonel; received monthly pension from October 1, 2017 (50 years old); during pre-retirement leave, Comrade A was granted salary increase and promoted to Major. According to regulations, Comrade A falls under the category of retiring before the age limit according to the Lieutenant Colonel rank. Specifically:

52 years old - 50 years old = 2 years.

3. Professional military personnel, workers, and civil servants in national defense who meet the conditions for retiring before the age limit as guided in Clauses 1 and 2 of this Article shall not have their pension rate reduced due to early retirement, and in addition to social insurance benefits and preferential policies for persons with meritorious service in the revolution (if applicable) as prescribed by current laws, they shall also be entitled to a one-time allowance.

a) A lump sum allowance of three months' average salary for each year (full twelve months) retired before the retirement age, calculated according to the following formula:

b) A lump sum allowance of five months' average salary for the first twenty years of service. For each year from the twenty-first year onwards, a lump sum allowance of half a month's average salary, calculated according to the following formula:

Example 3: In the case of Major Specialist Soldier Nguyen Van A (as mentioned in Example 2), the total time of social insurance contributions (from February 1986 to September 2017) is 31 years and 8 months. Assuming that the average monthly salary for the last five years before retirement of Comrade A is 9,500,000 VND/month.

Upon retirement, in addition to the social insurance benefits under the current regulations of the Law on Social Insurance, Comrade A will also be entitled to a one-time allowance for retiring before the statutory retirement age according to the rank, as follows:

- One-time allowance for the number of years retired before the statutory retirement age

2 years x 3 months x 9,500,000 VND = 57,000,000 VND.

- One-time allowance for the period of service

{5 months + [(31 years 8 months - 20 years) x 1/2 month]} x 9,500,000 VND.

= (5 months + 6 months) x 9,500,000 VND = 104,500,000 VND.

The total amount of one-time allowance that Comrade Nguyen Van A will receive is:

57,000,000 VND + 104,500,000 VND = 161,500,000 VND.

4. Professional soldiers, military workers, and defense civil servants who fall into any of the following cases shall not be entitled to the one-time allowance as stipulated in Clause 3 of this Article:

a) Not meeting the conditions as specified in Clause 1 and Clause 2 of this Article;

b) Still meeting the conditions for serving in the Military but the Military still has a need to deploy and utilize them, yet they request to retire early;

c) Being disciplined with demotion in rank, removal from position, reduction in pay grade, demotion in military rank, deprivation of military title for professional soldiers; reduction in pay grade, forced resignation for military workers and defense civil servants;

d) Studying, working, or taking leave abroad beyond the permitted period of thirty days without authorization from the competent authority.

Article 6. Regulations and policies for professional soldiers upon discharge

1. Professional soldiers who cease active service, do not meet the conditions for retirement, or do not transfer to another profession under the invalidity pension system shall be discharged; upon discharge, they shall enjoy the benefits and policies as prescribed in Article 4 of Decree No. 151/2016/NĐ-CP. Among these, the one-time discharge allowance shall be implemented as follows:

Example 4: Comrade Nguyen Van H, a Second Lieutenant professional soldier, has served in the Military for 12 years and 8 months (with 12% seniority); was discharged on May 1, 2017. At the end of April 2017, Comrade H had a salary coefficient of 4.40, with a basic salary level of 1,210,000 VND/month; the salary of Comrade H in April 2017 was:

1,210,000 VND x 4.40 x 1.12 = 5,962,880 VND.

When Comrade H is discharged, he will be entitled to a one-time discharge allowance as prescribed, as follows:

- The period of service in the Military is 12 years and 8 months, rounded up to 13 years.

- The amount of one-time discharge allowance is: 5,962,880 VND x 13 years x 1 month = 77,517,440 VND.

2. In cases where professional soldiers have served directly in combat, combat support, or worked in difficult areas or special professions, upon discharge, they will be entitled to a one-time allowance for the additional time converted according to the provisions of Article 7 of Decree No. 151/2016/NĐ-CP and Articles 8 and 9 of this Circular.

3. Professional soldiers who have received a one-time social insurance payment upon discharge may retain their previous social insurance contribution period if they wish to do so within one year (12 months) from the effective date of the discharge decision, in accordance with the guidance provided in Clause 8 of Article 17 of the Joint Circular No. 105/2016/TTLT-BQP-BCA-BLĐTBXH dated June 30, 2016, issued by the Ministry of National Defense, the Ministry of Public Security, and the Ministry of Labor, Invalids, and Social Affairs detailing and guiding the implementation of certain provisions of the Law on Social Insurance and Decree No. 33/2016/NĐ-CP dated May 10, 2016 of the Government regarding mandatory social insurance for military personnel, public security personnel, and personnel engaged in confidential work with salaries equivalent to those of military personnel.

Article 7. Treatment and policies for professional military personnel, defense workers, and civil servants serving in the Military who have died or passed away

1. Professional military personnel, defense workers, and civil servants serving in the Military who die or pass away shall have their relatives, as specified in Clause 2, Article 2 of this Circular (including: spouse; father, mother; lawful foster parent; biological child, lawful foster child), entitled to treatment and policies as stipulated in Clause 1 or Clause 2, Article 6 of Decree No. 151/2016/NĐ-CP. Among these, the one-time allowance for the period of service before death or passing away shall be calculated as follows:

One-time allowance = Total service time x 01 month of salary immediately preceding death or passing away

2. In cases where professional military personnel, defense workers, and civil servants serving in the Military have periods of direct combat, combat support, or work in difficult areas or special professions before death or passing away, their relatives, as specified in Clause 1 of this Article, shall be entitled to a one-time allowance for the additional period converted according to the provisions of Article 7 of Decree No. 151/2016/NĐ-CP and Articles 8 and 9 of this Circular.

Example 5: Comrade Bui Van C, a professional military officer (salary coefficient 4.45); died on May 5, 2017, confirmed as a烈士 (liệt sĩ). Comrade C has served in the Military for 10 years and 4 months (seniority profession 10%); of which, there were 5 years as a repairman (belonging to the list of particularly arduous, toxic, and dangerous occupations (Type VI), converted at a rate of 1 year equals 1 year and 4 months). The social insurance salary of Comrade C in April 2017 (basic salary level is 1,210,000 VND/month) is:

- Rank salary (coefficient 4.45): 1,210,000 VND x 4.45 - 5,384,500 VND.

- Seniority profession subsidy (10%): 5,384,500 VND x 10% = 538,450 VND.

The total monthly salary of Comrade C is:

5,384,500 VND + 538,450 VND = 5,922,950 VND.

In addition to preferential treatment for those with meritorious service and social insurance benefits under the law, Comrade C's relatives also receive a one-time allowance as follows:

- One-time allowance for the period of service:

The period of service in the Military is 10 years and 4 months, rounded up to 10.5 years for calculation of the one-time allowance.

The one-time allowance that Comrade C's relatives receive is:

5,922,950 VND x 10.5 years x 01 month = 62,190,975 VND.

- One-time allowance for the additional period due to conversion:

The additional period due to conversion for Comrade C is 1 year and 8 months, rounded up to 2 years for calculation of the one-time allowance.

The one-time allowance for the additional period due to conversion that Comrade C's relatives receive is:

5,922,950 VND x 2 years x 01 month = 11,845,900 VND.

- The total amount of one-time allowance that Comrade C's relatives receive is:

62,190,975 VND + 11,845,900 VND = 74,036,875 VND.

Article 8. Conditions, conversion rates, and methods for converting service time

1. The conditions for conversion, conversion rates of service time to calculate entitlement to a one-time allowance for professional military personnel, defense workers, and defense civil servants when ceasing service in the Military or during their service in the Military who die or pass away shall be implemented as follows pursuant to Clause 1 of Article 7 of Decree No. 151/2016/ND-CP:

a) Service time in the Military shall be converted at a rate of one year equaling one year six months to calculate the allowance when:

- Participating in combat or combat support activities during the anti-French resistance war from December 22, 1944 to July 20, 1954; in the South Vietnam, Laos battlefield from July 20, 1954 to April 30, 1975; in the Cambodia battlefield from July 20, 1954 to August 31, 1989; in the war of destruction in the North from August 5, 1964 to January 27, 1973 (excluding cases of studying abroad, medical treatment, and working overseas);

- Participating in combat or combat support activities on the Southwest border from May 1975 to December 1978; on the Northern border from February 1979 to December 1988. Border areas in the war to protect the country are considered for conversion as border districts, including border island districts, Hoang Sa, Truong Sa, DK1 areas;

- Performing international duties and special missions, searching for and collecting remains of martyrs in Laos and Cambodia across different periods (excluding cases of being sent to study, diplomatic missions, or economic work);

- Time directly participating in United Nations peacekeeping operations as stipulated in Decree No. 162/2016/ND-CP dated December 14, 2016 of the Government on certain benefits and policies for individuals and support work for organizations of Vietnam participating in United Nations peacekeeping operations.

b) Service time in the Military shall be converted at a rate of one year equaling one year four months to calculate the allowance when:

- Working in areas with a special allowance of 100% as prescribed in Circular No. 09/2005/TT-BNV dated January 5, 2005 of the Ministry of Home Affairs guiding the implementation of special allowances and current regulations;

- Engaging in occupations classified as particularly arduous, hazardous, and dangerous labor (Class V, Class VI) as prescribed in Decision No. 1085/LDTBXH-QD dated September 6, 1996 of the Ministry of Labor, Invalids, and Social Affairs promulgating temporarily the list of particularly arduous, hazardous, and dangerous occupations and arduous, hazardous, and dangerous occupations (hereinafter referred to as Decision No. 1085/LDTBXH-QD); Decision No. 03/2006/QD-LDTBXH dated March 7, 2006 of the Ministry of Labor, Invalids, and Social Affairs promulgating temporarily the list of arduous, hazardous, and dangerous occupations and particularly arduous, hazardous, and dangerous occupations in the Military (hereinafter referred to as Decision No. 03/2006/QD-LDTBXH) and Circular No. 20/2016/TT-BLDTBXH dated June 28, 2016 of the Ministry of Labor, Invalids, and Social Affairs promulgating the list of arduous, hazardous, and dangerous occupations and particularly arduous, hazardous, and dangerous occupations in the Military (hereinafter referred to as Circular No. 20/2016/TT-BLDTBXH).

c) Service time in the Military shall be converted at a rate of one year equaling one year two months to calculate the allowance when:

- Working in areas with regional allowances from a coefficient of 0.7 as prescribed in Joint Circular No. 11/2005/TTLT-BNV-BLDTBXH-BTC-UBDT dated January 5, 2005 of the Ministry of Home Affairs, Ministry of Labor, Invalids, and Social Affairs, Ministry of Finance, and the Committee for Ethnic Minorities guiding the implementation of regional allowances;

- Engaging in occupations classified as arduous, hazardous, and dangerous labor (Class IV) as prescribed in Decision No. 1085/LDTBXH-QD, Decision No. 03/2006/QD-LDTBXH, Circular No. 20/2016/TT-BLDTBXH.

2. Method of conversion

a) In cases where within the same period of service, if there are two or three conditions stipulated in Clause 1 of this Article, only the highest conversion rate shall be enjoyed; interrupted service time shall be accumulated to calculate the allowance;

b) Service time in areas previously not defined but now defined with a special allowance of 100% or a regional allowance with a coefficient of 0.7 or higher shall be converted to calculate the one-time allowance;

Service time in areas previously defined with a special allowance of 100% or a regional allowance with a coefficient of 0.7 or higher, but later defined with a special allowance below 100% or a regional allowance below a coefficient of 0.7, shall be calculated as converted service time to calculate the allowance up to the date the new regulation takes effect;

c) Service time in occupations or jobs previously not classified according to Decision No. 1085/LDTBXH-QD, Decision No. 03/2006/QD-LDTBXH, Circular No. 20/2016/TT-BLDTBXH, but later classified as Class IV or higher according to these documents, shall be calculated as Class IV or higher from the start of engaging in such occupation or job for conversion to calculate the allowance;

Service time in occupations or jobs previously classified lower but later classified higher shall be calculated based on the higher classification from the start of engaging in such occupation or job for conversion to calculate the allowance;

Service time in occupations or jobs previously classified higher but later classified lower shall be calculated based on the higher classification from the start of engaging in such occupation or job until the day before the new decision takes effect, thereafter calculated based on the newly defined lower classification for conversion to calculate the allowance.

Article 9. One-time allowance system due to time conversion

The additional time obtained through conversion as guided in Clause 1, Article 8 of this Circular shall be considered for the one-time allowance system at a rate of one month's salary of the last month before leaving military service or sacrificing life, with each year added through conversion being equivalent to one month's salary.

Example 6: Comrade Do Van B, Professional Military Officer (pay grade coefficient 4.45), has worked in the Military for 11 years and 3 months (including 11% seniority bonus); among which, he worked for 3 years (from July 2013 to June 2016) in the Spratly Islands, where there is a regional allowance of 1.0 and a special allowance of 100% (belonging to areas converted at a rate of one year equal to one year and four months; the additional time for calculation of the allowance due to conversion is one year). In June 2017, Comrade B was discharged from service. His monthly salary in May 2017 (with the basic salary level being 1,210,000 VND/month) is:

- Rank pay (coefficient 4.45): 1,210,000 VND x 4.45 = 5,384,500 VND.

- Seniority bonus (11%): 5,384,500 VND x 11% = 592,295 VND.

Comrade B's total monthly salary is:

5,384,500 VND + 592,295 VND = 5,976,795 VND.

Upon discharge, Comrade Do Van B will receive a one-time allowance due to having converted time as follows:

5,976,795 VND x 1 year x 1 month = 5,976,795 VND.

Article 10. Health Insurance System for Relatives of Defense Workers and Civil Servants

The relatives of defense workers and civil servants currently working in the Ministry of National Defense as guided in Clause 2, Article 2 of this Circular (including: biological father, biological mother; father-in-law, mother-in-law; legal guardian of oneself, spouse, or child; spouse; biological children, legally adopted children under 18 years old; biological children, legally adopted children aged 18 or above but disabled according to the law) shall enjoy health insurance benefits as follows:

1. Contribution levels, contribution responsibilities, payment methods for health insurance; benefit levels for health insurance; issuance of health insurance cards; payment methods for medical examination and treatment costs covered by health insurance and responsibilities for implementing health insurance shall be similar to those for relatives of officers, professional military personnel, non-commissioned officers, and conscripts on active duty as guided in Joint Circular No. 49/2016/TTLT-BQP-BYT-BTC dated April 14, 2016, issued by the Ministry of National Defense, the Ministry of Health, and the Ministry of Finance guiding the implementation of health insurance for civil servants, civil employees, defense workers, contractual laborers, students, and trainees working, studying, or training in the Ministry of National Defense, and other personnel in confidential organizations, as well as relatives of active-duty military personnel and confidential personnel.

2. In cases where the relatives of defense workers and civil servants simultaneously belong to multiple categories eligible for health insurance, they shall only be issued one health insurance card belonging to the category with the highest health insurance benefit level.

Chapter III
EXPENSES GUARANTEE; FILES, AUTHORITY TO RESOLVE BENEFIT SYSTEMS,

AND RESPONSIBILITIES OF THE AUTHORITIES AND UNITS

Article 11. Funding Assurance

1. Expenses for implementing the systems guided in Clause 3, Article 5, Clause 1, Article 6, Clause 1, Article 7, and Article 9 of this Circular shall be guaranteed by the state budget, allocated within the annual national defense budget plan assigned to relevant authorities, units, and enterprises.

2. Support expenses for purchasing health insurance cards for the relatives of defense workers and civil servants as stipulated in Article 10 of this Circular shall be implemented as follows:

a) For budgetary units (receiving salaries from the state budget), these expenses shall be guaranteed from the state budget allocation.

b) For public service units, units not receiving state budget salaries, and enterprises, these expenses shall be accounted for according to the provisions at point b, c, Clause 2, Article 9 of Decree No. 151/2016/NĐ-CP.

Article 12. Documents and Competent Authorities for Resettlement Regime

1. The documents for resolving the resettlement regime for professional soldiers, workers, and defense officials who cease service in the Military; those who die or pass away shall be implemented according to the current regulations of the Ministry of National Defense.

In cases where professional soldiers, workers, and defense officials are entitled to a one-time allowance due to retirement before the highest age limit; a one-time demobilization allowance; a job creation allowance; a one-time allowance upon death or passing away; a one-time allowance for additional time due to conversion as stipulated in Decree No. 151/2016/NĐ-CP and this Circular, in addition to the aforementioned documents, there must also be a Payment Voucher for Allowances from the State Budget (model of the Payment Voucher for Allowances attached). Each subject's Payment Voucher for Allowances is made in four copies, distributed as follows: Personnel Department (Cadre Department or Military Department): one copy; Policy Department: one copy; Finance Department: one copy; subject: one copy.

2. The authority to issue decisions on entitlement to benefits shall be carried out according to the provisions of Circular No. 70/2016/TT-BQP dated June 2, 2016, issued by the Minister of National Defense, detailing procedures and formalities for ceasing military service and employment for officers, professional soldiers, workers, and defense officials, and personnel working in confidential organizations funded by the state budget under the management of the Ministry of National Defense; Circular No. 170/2016/TT-BQP dated October 30, 2016, issued by the Minister of National Defense, detailing rank levels for professional soldiers corresponding to salary levels, promotions, and demotions in cases of disciplinary reduction in pay grade; procedures, formalities, and decision-making authorities for professional soldiers, workers, and defense officials.

Article 13. Responsibilities of Agencies, Units, and Enterprises

1. Agencies under the Ministry of National Defense

a) Policy Department/Political General Staff

- Lead and coordinate with functional agencies of the Ministry of National Defense to direct, guide, and inspect the implementation of the regime and policies for professional soldiers, workers, and defense officials in agencies and units in accordance with Decree No. 151/2016/NĐ-CP and this Circular;

- Lead and coordinate to resolve any difficulties and issues arising during the organization and implementation.

b) Cadre Department/Political General Staff, Military Department/General Staff

- Lead and direct inspections of agencies and units implementing the regime and policies for professional soldiers, workers, and defense officials within their jurisdiction in accordance with Decree No. 151/2016/NĐ-CP and this Circular, ensuring strict compliance with regulations;

- According to assigned functions and tasks, compile and report to the General Staff, Political General Staff for review and submission to the Central Military Commission Standing Committee and the Minister of National Defense for decisions on subjects eligible for early retirement benefits and notify units to implement; promptly resolve any difficulties and issues.

c) Finance Department of the Ministry of National Defense

- Lead and coordinate with functional agencies within the Ministry of National Defense to guide agencies and units in preparing budgets and finalizing accounts for implementing the regime and policies for professional soldiers, workers, and defense officials as stipulated in Decree No. 151/2016/NĐ-CP and this Circular;

- Coordinate to lead, inspect, and resolve any difficulties and issues arising during the organization and implementation of the regimes and policies.

d) Social Insurance Department of the Ministry of National Defense

Lead and coordinate with relevant agencies to implement health insurance regimes for relatives of workers and defense officials as stipulated in Decree No. 151/2016/NĐ-CP and this Circular; coordinate to resolve any difficulties and issues arising during the organization and implementation.

2. Agencies, units, and enterprises directly under the Ministry of National Defense

a) Organize the dissemination and implementation of the regime and policies as stipulated in Decree No. 151/2016/NĐ-CP and this Circular to professional soldiers, workers, and defense officials under their management;

b) Direct and organize the implementation of the regimes and policies, ensuring strict compliance with regulations; coordinate to resolve any difficulties and issues.

Chapter IV
IMPLEMENTING PROVISIONS

Article 14. Effective Date

1. This Circular takes effect from August 25, 2017.

2. The regimes and policies guided by this Circular shall be implemented from July 1, 2016.

3. When the cited documents in this Circular are amended, supplemented, or replaced by new documents, the cited content shall also be adjusted and implemented according to the amended, supplemented, or replacing documents.

Article 15. Responsibility for Implementation

1. Chief of General Staff, Director of Political General Staff, commanders of agencies, units, and enterprises are responsible for implementing this Circular.

2. During the implementation process, if any difficulties arise, agencies, units, and enterprises shall report to the Ministry of National Defense (through the Policy Department/Political General Staff) for examination and resolution./.

 

MODEL PAYMENT VOUCHER FOR ALLOWANCES
(Attached to Circular No. 162/2017/TT-BQP

dated July 10, 2017 of the Ministry of National Defense)

PAYMENT VOUCHER FOR ALLOWANCES

Pursuant to Decree No. 151/2016/NĐ-CP

dated November 11, 2016 of the Government

Full Name: ...Born on .../.../...

Rank:... Position:...

Unit: ....

Received: ... (1) According to Decision No. ...

Of: ... (2)

Average monthly salary for the last 5 years: ...

Monthly salary for the month immediately preceding the cessation of military service: ...

.............................................................................................................................................

Benefits received:

- Early retirement allowance: ...

- One-time demobilization allowance: ...

- Job creation allowance: ...

- Termination allowance: ...

- One-time allowance upon death or passing away: ...

- One-time allowance for additional time due to conversion: ...

Total: ...

In words: …

 

Note:

(1) Allowances received when ceasing military service; upon death or passing away.

(2) Decision of the competent authority.