Joint Circular No. 181/2007/TTLT-BQP-BTC guiding the implementation of Government Decree No. 106/2007/NĐ-CP dated June 22, 2007 on the regime and policies for families of non-commissioned officers and conscripts on active duty.

JOINT CIRCULAR

Guidelines for Implementing Decree No. 106/2007/NĐ-CP dated June 22, 2007 of the Government on the regime and policies for families of non-commissioned officers and conscripts on active duty

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Pursuant to Decree No. 106/2007/NĐ-CP dated June 22, 2007 of the Government on the regime and policies for families of non-commissioned officers and conscripts on active duty; after reaching consensus with the Ministry of Health, the Ministry of Education and Training, the Ministry of Labor, Invalids and Social Affairs, the Ministry of Justice, the Vietnam Social Security, the Ministry of National Defense, and the Ministry of Finance, these guidelines for implementing Decree No. 106/2007/NĐ-CP are hereby issued as follows:

I. SCOPE OF REGULATION AND APPLICABLE SUBJECTS

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.

1.1. These Circular guides the implementation of the regime of free tuition fees, emergency hardship allowances, and health insurance for relatives and families of non-commissioned officers and conscripts on active duty.

1.2. The period of active service of non-commissioned officers and conscripts includes the time performing military service duties, reviewing and preparing for examinations, waiting to attend school, studying at schools within and outside the military, waiting for a change in status...

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.

2.1. Relatives of non-commissioned officers and conscripts include: biological father, biological mother, father-in-law, mother-in-law, husband's father, husband's mother, wife's father, wife's mother, legal foster parent, spouse, biological child, legally adopted child.

2.2. Families of non-commissioned officers and conscripts encountering accidents, fires, natural disasters include: houses collapsing, sinking, floating away, burning, severely damaged; or families having to relocate their residence or have a relative missing... caused by natural or human factors.

The family of non-commissioned officers and conscripts is the place where they regularly reside before enlisting.

3. Subjects not applicable

3.1. The subjects specified in Clause 2 above cease to enjoy the regime and policies when non-commissioned officers and conscripts cease to serve on active duty (with discharge decision) or have a decision to enjoy another regime: officers, professional soldiers, defense civil servants, contractual workers..., martyrs, deceased, or those who violate discipline and lose their military title or are returned to their home province.

3.2. Relatives of non-commissioned officers and conscripts on active duty specified in Point 2.1, Clause 2 above, if participating in mandatory health insurance, shall not be entitled to the health insurance regime prescribed in this Circular.

II. BENEFITS AND POLICIES TO BE ENJOYED

1. Free Tuition Fee Regime

1.1. Eligibility and Benefits:

Biological children and legally adopted children of non-commissioned officers and conscripts on active duty are exempt from tuition fees when attending public preschool and primary education institutions.

1.2. Application Procedures and Responsibilities:

1.2.1. Non-commissioned officers and conscripts whose children are eligible for the free tuition fee regime shall fill out Form No. 01, which must be confirmed by the unit commander (company or battalion), and submit it to the regiment level or higher units to obtain a Certificate of Eligible Recipient for the Free Tuition Fee Regime. After receiving the certificate, non-commissioned officers and conscripts are responsible for sending it to their families.

1.2.2. Regiment level or higher units, based on the application form of non-commissioned officers and conscripts and confirmation by the unit commander, issue the Certificate of Eligible Recipient for the Free Tuition Fee Regime (Form No. 02).

The duration of the free tuition fee regime for the children of non-commissioned officers and conscripts on active duty is calculated from the date of issuance of the Certificate of Eligible Recipient for the Free Tuition Fee Regime until the end of the active service period of the non-commissioned officers and conscripts.

Example 1: Comrade Nguyen Van An enlisted in February 2007 (Comrade An's active service period is 18 months), discharged in July 2008; his child attends a village kindergarten. The duration of the free tuition fee regime for Comrade An's child is from February 2007 to July 2008.

If during the active service period, new eligible recipients for the free tuition fee regime arise, non-commissioned officers and conscripts shall submit supplementary application forms; the duration of the benefit corresponds to the remaining active service period of the non-commissioned officers and conscripts.

1.2.3. Public preschool and primary education institutions are responsible for accepting the Certificate of Eligible Recipient for the Free Tuition Fee Regime transferred by the families of non-commissioned officers and conscripts and implementing the free tuition fee regime for eligible recipients.

1.2.4. If the children of non-commissioned officers and conscripts fall under the category not subject to the regime (as stipulated in Clause 3, Section I of this Circular), the management unit of non-commissioned officers and conscripts at the regiment level or higher shall notify the district-level military authority where the children of non-commissioned officers and conscripts reside, to coordinate with the preschool and primary education institutions where the children study to stop implementing the free tuition fee regime.

2. Emergency Hardship Allowance Regime

2.1. Eligibility and Benefits:

2.1.1. In cases where the families of non-commissioned officers and conscripts encounter accidents, fires, or natural disasters as specified in Point 2.2, Clause 2, Section I of this Circular, they are entitled to an emergency hardship allowance of 300,000 VND per person per occurrence.

2.1.2. In cases where relatives of non-commissioned officers and conscripts as specified in Point 2.1, Clause 2, Section I of this Circular suffer from illness for one month or more, or require hospitalization for 15 days or more, they are entitled to an emergency hardship allowance of 300,000 VND per person per occurrence.

The emergency hardship allowance regime specified in Subparagraphs 2.1.1 and 2.1.2 above shall be implemented no more than twice per year for each non-commissioned officer and conscript on active duty.

Example 2: Comrade Nguyen Van Chung, in 2008, his family suffered from natural disasters (had to relocate due to flash floods) and two relatives were ill enough to qualify for the hardship allowance (father hospitalized for 20 days, wife hospitalized for 15 days). However, Comrade Chung was only entitled to two hardship allowances in 2008, each worth 300,000 VND.

2.1.3. In cases where relatives of non-commissioned officers and conscripts as specified in Point 2.1, Clause 2, Section I of this Circular pass away, they are entitled to an emergency hardship allowance of 600,000 VND per person.

In cases where, at the same time, the family of a non-commissioned officer and conscript has both a relative who is ill and qualifies for the hardship allowance and a relative who passes away, or encounters accidents, fires, or natural disasters qualifying for the hardship allowance and a relative who passes away, they are only entitled to the hardship allowance for the deceased relative (600,000 VND).

In the case where, at the same time, if the family of non-commissioned officers and soldiers has multiple deceased relatives, they shall only be entitled to receive one allowance (600,000 VND).

2.2. Documents and responsibilities for implementation:

2.2.1. Non-commissioned officers and soldiers shall fill out the Application Form for Difficulties Allowance (Form No. 03) with confirmation from the People's Committee of the commune, ward, town (hereinafter referred to as the commune level authority) where the family resides regarding the extent of damage suffered by the family due to accidents, fires, natural disasters; the period of illness, medical treatment, or death of relatives;

If the relatives of non-commissioned officers and soldiers have documents such as: confirmation from the People's Committee of the commune level authority on the extent of damage to persons and property; discharge certificate from healthcare facilities for relatives who are long-term ill and hospitalized, or death certificate of deceased relatives sent to non-commissioned officers and soldiers, then the Application Form for Difficulties Allowance of non-commissioned officers and soldiers shall be accompanied by these confirmations, without needing to request confirmation from the People's Committee of the commune level authority as stipulated above.

2.2.2. The unit managing non-commissioned officers and soldiers (platoon, battalion) shall inspect and propose to the decision-making authority for granting allowances;

2.2.3. The unit managing non-commissioned officers and soldiers at the regiment level and equivalent or higher shall, based on the Application Form of non-commissioned officers and soldiers and the proposal of subordinate units, examine and issue decisions on allowances for beneficiaries and settle financial accounts according to regulations;

2.2.4. Departments and units under the Ministry of National Defense shall annually prepare budget estimates for funds to ensure the implementation of emergency difficulties allowances into the overall budget of the department or unit, submit to the Ministry of National Defense (through the Financial Department and the Policy Department); direct implementation and settle financial accounts according to regulations.

3. Health insurance regime

3.1. Eligibility and benefits:

Relatives of non-commissioned officers and soldiers serving in accordance with point 2.1, clause 2, Section I of this Circular shall be entitled to medical examination and treatment under the health insurance regime if they are not subject to mandatory health insurance;

The monthly health insurance premium rate is 3% of the national minimum wage as prescribed by the Government at the time of purchasing the health insurance card.

3.2. Documents, procedures, and responsibilities of individuals, agencies, and units in purchasing and issuing health insurance cards for relatives of non-commissioned officers and soldiers shall be carried out in accordance with the procedures for purchasing and issuing health insurance cards for relatives of officers and professional military personnel as stipulated in Circular No. 154/2007/TT-BQP dated October 1, 2007, issued by the Ministry of National Defense guiding the implementation of mandatory health insurance for relatives of officers and professional military personnel serving in the military. The Joint Circular provides additional guidance as follows:

3.2.1. For non-commissioned officers and soldiers implementing the Law on Military Service, the validity period of the health insurance card for relatives corresponds to the service period of non-commissioned officers and soldiers (18 months and 24 months) from the date of purchasing and issuing the health insurance card for relatives of non-commissioned officers and soldiers; it may be possible to purchase and issue a health insurance card once in accordance with the regulations of the Vietnam Social Security;

After new recruit training, when non-commissioned officers and soldiers return to their new units, the regiment level and equivalent or higher shall guide the declaration of relatives eligible for the health insurance regime; compile lists, purchase and issue health insurance cards for relatives of non-commissioned officers and soldiers.

In cases where non-commissioned officers and soldiers serve in the military before the effective date of this Circular, the validity period of the health insurance card for relatives corresponds to the remaining service period of non-commissioned officers and soldiers.

During the period when non-commissioned officers and soldiers are waiting to attend school, review, or take exams; waiting to change status; students studying at military schools (including students studying at civilian schools within and outside the country), the process of purchasing and issuing health insurance cards shall be carried out in accordance with the procedures for purchasing and issuing health insurance cards for relatives of officers and professional military personnel.

3.2.2. The declaration of relatives eligible for the health insurance regime shall be implemented as follows:

If there are officers or professional military personnel in the family (including both sides of the family) of non-commissioned officers and soldiers who have declared relatives eligible for the health insurance regime, then non-commissioned officers and soldiers shall not declare;

If there are multiple non-commissioned officers and soldiers in the family, the responsibility for declaration shall be similar to that for relatives of officers and professional military personnel;

During the service period of non-commissioned officers and soldiers, when there is an addition to the list of beneficiaries of the health insurance regime, the declaration, reporting, and purchasing and issuing of health insurance cards shall be carried out in accordance with the procedures for relatives of officers and professional military personnel. The validity period of the health insurance card corresponds to the remaining service period of non-commissioned officers and soldiers.

3.2.3. In cases where non-commissioned officers and soldiers fall under the category not applicable (as stipulated in point 3.1, clause 3, Section I of this Circular), based on the notification from the non-commissioned officers and soldiers management unit at the regiment level and equivalent or higher, the military authority at the district level where the relatives of non-commissioned officers and soldiers reside shall recover health insurance cards still valid and send them back to the unit that purchased the health insurance card to notify the social security agency.

III. IMPLEMENTATION

1. The Ministry of National Defense shall implement the payment of emergency difficulties allowances and the purchase and issuance of health insurance cards for relatives of non-commissioned officers and soldiers and settle accounts with the Ministry of Finance according to regulations.

2. The Ministry of Finance shall be responsible for coordinating with the Ministry of National Defense to ensure funding for the implementation of emergency difficulties allowances and the health insurance regime according to current regulations.

3. Provincial People's Committees directly under the Central Government shall be responsible for directing and organizing the implementation of free education policies and directing the implementation of policies on their respective territories according to this Circular.

4. The Ministry of Health shall direct relevant agencies at all levels to implement the health insurance regime according to health insurance regulations.

5. The Vietnam Social Security shall be responsible for directing affiliated units to promptly issue health insurance cards to beneficiaries in accordance with this Circular.

6. Funding for the implementation of the health insurance regime and emergency difficulties allowances for relatives of non-commissioned officers and soldiers shall be guaranteed by the state budget and included in the annual state budget estimate of the Ministry of National Defense.

The funding for implementing the tuition-free education policy for the children of non-commissioned officers and soldiers shall be guaranteed from the local budget in accordance with the provisions of the State Budget Law.

7. Persons who intentionally distort or forge documents to implement the policies stipulated in this Circular shall be subject to disciplinary action or criminal responsibility pursued, and must compensate for any losses incurred (if any), in accordance with the provisions of the law, depending on the nature and severity of the violation.

8. This Circular shall take effect fifteen days from the date of publication in the Official Gazette.

The policies and benefits shall be implemented from the date this Circular takes effect.

During implementation, if there are any difficulties, they are requested to be reported to the relevant ministries for consideration and resolution./.