Decree No. 19/2022/NĐ-CP provides measures for implementing the regime and policies for professional military personnel, defense workers, and defense civil servants transferring to other sectors or ceasing work as stipulated by the Law on Professional Military Personnel, Defense Workers, and Defense Civil Servants.

DECREE

Article 24regulating measures to implement the system and policies

for professional military personnel, defense workers, and civil servants transferring industries, defense workers, and civil servants

terminating employment according to the provisions of the Law on Professional Military Personnel, Defense Workers, and Civil Servants

Pursuant to the Government Organization Law dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Government Organization Law and the Law on Local Administration dated November 22, 2019; 2. Heads of units under the Ministry of Justice, Provincial Legal Departments, and relevant agencies and organizations are responsible for implementing this Circular.

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

The Government issues this Decree to regulate measures to implement the system and policies for professional military personnel, defense workers, and civil servants transferring industries, defense workers, and civil servants terminating employment according to the provisions of the Law on Professional Military Personnel, Defense Workers, and Civil Servants."b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."Article 1. Scope of Regulation This Decree regulates measures to implement the system and policies for professional military personnel, defense workers, and civil servants transferring industries, defense workers, and civil servants terminating employment according to the provisions of the Law on Professional Military Personnel, Defense Workers, and Civil Servants.

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

a) Professional military personnel, defense workers, and civil servants working at agencies, units, and enterprises under the Ministry of National Defense;âb) Agencies, units, organizations, and individuals related thereto.

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

Article 2. Implementation of System and Policies for Professional Military Personnel, Defense Workers, and Civil Servants Transferring Industries 1. Implementation of the system and policies for professional military personnel, defense workers, and civil servants transferring industries to work at state agencies, political organizations, and social-political organizations receiving salaries from the state budget (hereinafter referred to as state agencies and organizations receiving salaries from the state budget) shall be as follows:

Article 1. Scope of Regulation and Applicability

a) They shall be given priority in job placement suitable to their specialized fields, technical skills, and professional duties; they shall be trained and provided with necessary professional training suitable to the tasks they undertake.

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.

b) They shall be exempted from competitive examinations and selection if they transfer back to the original agency before joining the Military or if they transfer according to the requirements of state agencies with competent authority.

c) Professional military personnel shall be classified and paid according to their new positions and ranks from the date the decision on industry transfer takes effect. In cases where the salary according to group, rank, and grade is lower than the salary according to type, group, and grade of the professional military personnel at the time of transfer, the salary level and seniority allowance at the time of transfer shall be retained for a period of 18 months from the date the decision on industry transfer takes effect and shall be paid by the new agency or organization. The continuation of retaining salary beyond the 18-month period shall be decided by the head of the agency with management authority over cadres, civil servants, and public officials based on internal salary parity. During the period of retaining salary, the difference in retained salary shall decrease correspondingly when cadres, civil servants, and public officials receive salary increases or seniority allowances exceeding the ceiling within the rank or are promoted to a higher rank. After the retention period, they shall continue to receive the seniority allowance at the time of transfer or have it connected to calculate the seniority allowance in subsequent sectors that provide seniority allowance benefits. Defense workers and civil servants shall be classified and paid according to their new positions and ranks from the date the decision on industry transfer takes effect.

d) Professional military personnel, defense workers, and civil servants who have transferred industries and meet the conditions for retirement, if the average monthly salary used as the basis for calculating retirement pay at the time of retirement is lower than the average monthly salary used as the basis for calculating retirement pay at the time of transfer, then the average monthly salary used as the basis for calculating retirement pay at the time of transfer shall be taken as the basis for calculating retirement pay according to the salary system in effect at the time of retirement.

đ) Professional military personnel, defense workers, and civil servants who have transferred industries and do not meet the conditions for retirement but terminate employment, in addition to enjoying social insurance benefits as prescribed, shall be granted severance pay by state agencies and organizations receiving salaries from the state budget managing and using cadres, civil servants, and public officials at the time of termination of employment; among which: for each year of service in the Military, severance pay shall be equivalent to one month's salary of the month immediately preceding the industry transfer, converted according to the salary system in effect at the time of termination of employment to serve as the basis for calculating severance pay; the period of service at state agencies and organizations receiving salaries from the state budget, and the implementation of severance pay shall comply with the laws on labor and cadres, civil servants, and public officials in effect at the time of termination of employment.

2. Implementation of the system and policies for professional military personnel, defense workers, and civil servants transferring industries to work at enterprises and units not receiving salaries from the state budget shall be as follows:

a) Their time of social insurance contributions shall be preserved according to the current laws on social insurance.

b) They shall be entitled to a one-time severance payment, with each year of service entitling them to one month's salary of the month immediately preceding the industry transfer, paid by the agency, unit, or enterprise under the Ministry of National Defense managing the professional military personnel, defense workers, and civil servants before the industry transfer.

c) When they meet the conditions for retirement, they shall implement social insurance benefits according to the current laws on social insurance, but the method of calculating the average monthly salary used as the basis for calculating retirement pay as stipulated in point d, Clause 1 of this Article shall not be applied.

3. Professional military personnel, defense workers, and civil servants who have transferred industries but due to mission requirements are decided by competent authorities to return to serve in the Military, the time of service at state agencies and organizations receiving salaries from the state budget during the industry transfer period shall be counted towards continuous service time for salary increase, rank promotion, and seniority calculation.

2. Implement the regime and policies for professional military personnel, defense workers, and civil servants in the defense sector who transfer to work at enterprises and units not funded by the state budget as follows:

a) The time they have contributed to social insurance shall be preserved in accordance with current laws on social insurance.

b) They shall be entitled to a one-time allowance, equivalent to one month's salary of the last month before transferring, paid by the agency, unit, or enterprise under the Ministry of National Defense managing the professional military personnel, defense workers, and civil servants before their transfer.

c) When they meet the conditions for retirement benefits, they shall implement social insurance regimes according to current laws on social insurance, but the method of calculating the average monthly salary contribution for social insurance as the basis for calculating retirement pay as stipulated in point d, Clause 1 of this Article shall not be applied.

3. Professional military personnel, defense workers, and civil servants in the defense sector who have transferred but are required to return to serve in the Military due to mission requirements, as decided by the competent authority, shall have their time working at agencies and organizations funded by the state budget counted towards continuous service time for salary increments, rank promotions, and seniority calculations.

4. The implementation of policies for professional military personnel who have been demobilized to return to their place of origin within a period not exceeding 01 year (12 months) from the date the demobilization decision takes effect shall be carried out as follows:

a) If they are recruited to work at agencies or organizations receiving salaries from the state budget, they shall implement the transfer policy according to the provisions of Clause 1 of this Article, while having to repay the one-time demobilization allowance and the one-time social insurance allowance (already received) in accordance with the laws on social insurance. The head of the agency, unit, or enterprise where the professional military personnel worked before demobilization shall direct the recovery of the demobilization decision and the aforementioned allowances; issue a decision or report to the competent authority to issue a transfer decision; deposit the recovered allowances into the state budget and the dedicated account of the Social Insurance Fund under the Ministry of National Defense; complete the application for confirmation by the Social Insurance Fund under the Ministry of National Defense to retain the previous social insurance contribution period in accordance with the regulations.

b) If they are recruited to work at enterprises or units not receiving salaries from the state budget but wish to retain their social insurance contribution period, they must repay the one-time social insurance allowance (already received) in accordance with the laws on social insurance. The head of the agency, unit, or enterprise where the professional military personnel worked before demobilization shall direct the recovery of the one-time social insurance allowance and deposit it into the dedicated account of the Social Insurance Fund under the Ministry of National Defense; complete the application for confirmation by the Social Insurance Fund under the Ministry of National Defense to retain the previous social insurance contribution period in accordance with the regulations. When they meet the conditions to receive retirement pay, the average monthly salary for calculating retirement pay shall not be applied according to the provisions of Point d, Clause 1 of this Article.

c) In cases where the agency, unit, or enterprise where the professional military personnel worked before demobilization has merged or dissolved, the agency, unit, or enterprise that has merged or the superior agency directly managing the dissolved agency, unit, or enterprise shall handle the matter.

d) The time when professional military personnel are demobilized and return to their place of origin shall not be counted as the working period participating in social insurance.

Article 3. Implementation of policies for defense workers and officials who terminate their employment

Policies for defense workers and officials who terminate their employment shall be implemented as follows:

1. They shall enjoy social insurance benefits and other benefits (if any) in accordance with current laws.

2. They shall receive a one-time allowance, equivalent to one month's salary of the last month before termination of employment, paid by the agency, unit, or enterprise under the Ministry of National Defense managing the defense workers and officials before they terminated their employment.

3. The implementation of policies for defense workers and officials who have terminated their employment and returned to their place of origin within a period not exceeding 01 year (12 months) from the date the termination decision takes effect shall be carried out as follows:

a) If they are recruited to work at agencies or organizations receiving salaries from the state budget, they shall implement the transfer policy according to the provisions of Clause 1 of Article 2 of this Decree, while having to repay the one-time allowance specified in Clause 2 of this Article and the one-time social insurance allowance (already received) in accordance with the laws on social insurance. The head of the agency, unit, or enterprise where the defense workers and officials worked before terminating their employment shall direct the recovery of the termination decision and the aforementioned allowances; issue a decision or report to the competent authority to issue a transfer decision; deposit the recovered allowances into the state budget and the dedicated account of the Social Insurance Fund under the Ministry of National Defense; complete the application for confirmation by the Social Insurance Fund under the Ministry of National Defense to retain the previous social insurance contribution period in accordance with the regulations.

b) If they are recruited to work at enterprises or units not receiving salaries from the state budget but wish to retain their social insurance contribution period, they must repay the one-time social insurance allowance (already received) in accordance with the laws on social insurance. The head of the agency, unit, or enterprise where the defense workers and officials worked before terminating their employment shall direct the recovery of the one-time social insurance allowance and deposit it into the dedicated account of the Social Insurance Fund under the Ministry of National Defense; complete the application for confirmation by the Social Insurance Fund under the Ministry of National Defense to retain the previous social insurance contribution period in accordance with the regulations. When they meet the conditions to receive retirement pay, the average monthly salary for calculating retirement pay shall not be applied according to the provisions of Point d, Clause 1 of Article 2 of this Decree.

c) In cases where the agency, unit, or enterprise where the defense workers and officials worked before terminating their employment has merged or dissolved, it shall be handled according to the provisions of Point c, Clause 4 of Article 2 of this Decree.

d) The time when defense workers and officials terminate their employment and return to their place of origin shall not be counted as the working period participating in social insurance.

Article 4. Salary and working time for benefit entitlements

1. Salary for benefit entitlement calculation The monthly salary for one-time allowance and termination allowance as stipulated in point d, Clause 1, point b, Clause 2, Article 2 and Clause 2, Article 3 of this Decree for calculating benefit entitlements is the salary basis for social insurance contributions of the month immediately preceding the transfer to another sector, termination of employment of professional military personnel, workers, and defense civil servants, including: Salary according to type, group, grade for professional military personnel, defense workers; group, rank, grade for defense civil servants and position allowances, seniority allowances, seniority allowances exceeding the ceiling, and retained differential rates (if applicable).

2. Length of Service for Entitlement Calculation

a) Working time for one-time allowance entitlement calculation as stipulated in point b, Clause 2, Article 2 and Clause 2, Article 3 of this Decree is the total working time in the Military (including: Time as officers, professional military personnel, non-commissioned officers, soldiers, civil servants, workers, and defense civil servants) and working time at agencies and organizations receiving state budget salaries with social insurance contributions, excluding time already enjoyed one-time allowance upon demobilization, discharge, transfer to another sector, or termination of employment.

b) If the working time specified in point a of this Clause is interrupted, it shall be accumulated; if there is a fractional month, it shall be calculated as follows: Less than three months is not counted, from three months to six months inclusive is counted as half a year, from more than six months to less than twelve months is counted as one full year.

Article 5. Funding Assurance

The funding for implementing one-time allowance and termination allowance for working time in the Military and working time at agencies and organizations receiving state budget salaries with social insurance contributions as stipulated in point d, Clause 1, point b, Clause 2, Article 2 and Clause 2, Article 3 of this Decree shall be guaranteed by the state budget in accordance with the provisions of the State Budget Law.

Article 6. Effectiveness

1. This Decree takes effect from April 15, 2022.

2. The one-time allowance regime for defense workers and civil servants transferring to another sector or terminating employment as stipulated in point b, Clause 2, Article 2 and Clause 2, Article 3 of this Decree shall be implemented from July 1, 2016.

3. The seniority allowance regime after the salary retention period (18 months) for professional military personnel transferring to work at agencies and organizations receiving state budget salaries as stipulated in point c, Clause 1, Article 2 of this Decree shall be implemented until the Government issues normative legal documents detailing and guiding the implementation of the new salary system pursuant to Resolution No. 27-NQ/TW dated May 21, 2018 of the Seventh Plenary Session of the Central Committee (Term XII) on reforming salary policies for cadres, civil servants, defense civil servants, and employees in enterprises.

Article 7. Responsibility for Implementation

1. The Minister of National Defense is responsible for implementing this Decree; regularly reviewing, amending, and supplementing related normative legal documents within their authority or proposing competent authorities to amend and supplement such documents to ensure that the regimes and policies for professional military personnel, workers, and defense civil servants are uniformly and synchronously implemented.

2. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.