Joint Circular No. 190/2011/TTLT-BQP-BLDTBXH-BTC amending and supplementing Joint Circular No. 69/2007/TTLT-BQP-BLDTBXH-BTC dated April 16, 2007 of the Ministry of National Defense, the Ministry of Labor - Invalids and Social Affairs, and the Ministry of Finance guiding the implementation of Decree No. 159/2006/NĐ-CP dated December 28, 2006 of the Government on the implementation of retirement benefits for military personnel directly participating in the Anti-American Resistance War from April 30, 1975 onwards who have served at least 20 years in the military and have been demobilized or discharged.

Joint Circular No. 190/2011/TTLT-BQP-BLDTBXH-BTC amending and supplementing Joint Circular No. 69/2007/TTLT-BQP-BLDTBXH-BTC guiding the implementation of the Decree on retirement benefits for military personnel participating in the resistance war since 1975. This Circular stipulates the subjects, conditions, length of service, and specific methods for calculating retirement pay.

문서 번호190/2011/TTLT-BQP-BLĐTBXH-BTC
문서 유형Joint Circular
발행 기관Ministry of Home Affairs
업데이트26. 06. 2026
산업Unclassified
분야Budget Management
발행일07. 11. 2011
발효일25. 12. 2011
효력 만료일
상태In effect
✦ 스마트 요약

Joint Circular No. 190/2011/TTLT-BQP-BLDTBXH-BTC amending and supplementing Joint Circular No. 69/2007/TTLT-BQP-BLDTBXH-BTC guiding the implementation of the Decree on retirement benefits for military personnel participating in the resistance war since 1975. This Circular stipulates the subjects, conditions, length of service, and specific methods for calculating retirement pay.

적용 범위

Military personnel enlisted before April 30, 1975 with at least 20 years of service in the military who have been demobilized or discharged; disabled veterans with a labor capacity reduction of 81% or more; individuals who transferred to other professions or became defense civil servants and then ceased employment.

핵심 사항

  • Military personnel enlisted before April 30, 1975 with at least 20 years of service in the military who have been demobilized or discharged; disabled veterans with a labor capacity reduction of 81% or more; individuals who transferred to other professions or became defense civil servants and then ceased employment.
  • Length of service for calculating retirement benefits: The time served in the military is accumulated, but time served outside the military is not counted.
  • Method for calculating retirement pay: Apply regulations on adjusting retirement pay from 2004 to date.
  • Deceased: Relatives of the subject may receive a one-time benefit of VND 3,600,000; relatives of the subject who have not yet received the benefit may claim back the retirement pay.
  • Documents for reviewing the benefit: Include the basis documents, application form, and decision implementing the benefit.

🌐 이 문서의 사회적 영향

  • Positive impact: Helps military personnel with meritorious service to receive retirement benefits according to regulations.
  • Negative impact: May impose a financial burden on the state budget due to the retroactive payment of allowances already received.
  • Benefits: The public and businesses are not directly affected, but may incur administrative costs.

❓ 자주 묻는 질문

Who are eligible to receive retirement benefits under this Circular?

Military personnel enlisted before April 30, 1975 with at least 20 years of service in the military who have been demobilized or discharged; disabled veterans with a labor capacity reduction of 81% or more; individuals who transferred to other professions or became defense civil servants and then ceased employment.

How is retirement pay calculated?

Apply regulations on adjusting retirement pay from 2004 to date, including Decree No. 208/2004/NĐ-CP, Decree No. 166/2007/NĐ-CP, Decree No. 101/2008/NĐ-CP, Decree No. 34/2009/NĐ-CP, and Decree No. 29/2010/NĐ-CP.

What benefits do the relatives of deceased subjects receive?

Relatives of deceased subjects may receive a one-time benefit of VND 3,600,000; relatives of subjects who have not yet received the benefit may claim back the retirement pay.

What documents are included in the application for the benefit?

Include the application form, one or several basis documents for reviewing the benefit (demobilization or discharge decision, military personnel record), and decisions or letters from competent authorities.

How long does it take to review the application?

Within no more than three working days, the People's Militia Committee of the commune (ward) completes the consolidation and reporting of the file; within no more than ten working days, the Social Insurance Department of the Ministry of National Defense completes the review and issues the decision.

전문



MINISTRY OF NATIONAL DEFENSE-

MINISTRY OF LABOR-SOCIAL AFFAIRS AND WAR INVALIDS

MINISTRY OF FINANCE

___________

No.: 190/2011/TTLT-BQP-BLDTBXH-BTC

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

__________________________

Hanoi, November 7, 2011

JOINT CIRCULAR

Amending and supplementing Circular Joint No. 69/2007/TTLT-BQP-BLDTBXH-BTC

April 16, 2007 of the Ministry of National Defense, the Ministry of Labor-Social Affairs and War Invalids, and the Ministry of Finance guiding the implementation of Decree No. 159/2006/NĐ-CP

December 28, 2006 of the Government on the implementation of retirement benefits for military personnel directly participating in the resistance war

against America to save the country

This Circular guides the functions, tasks, and powers regarding foreign affairs work of the Department of Foreign Affairs under provincial people's committees, the People's Committee Office at provincial level for localities that have not established a Department of Foreign Affairs, specialized agencies under district people's committees performing the duties of the Department of Foreign Affairs, Ho Chi Minh City Department of Foreign Affairs, public service units, and bureaus (if any) under specialized agencies at provincial level which are not within the scope regulated by this Circular. on April 30 1975 and earlier with at least 20 years of service

ngày 22 tháng 9 năm 2016. Mức thu vé lượt áp dụng kể từ ngày 22 tháng 9 năm 2016. Mức thu vé tháng, vé quý áp dụng kể in the military who have been discharged or retired Pursuant to Decree No. 159/2006/NĐ-CP dated December 28, 2006 of the Government on the implementation of retirement benefits for military personnel directly participating in the resistance war against America to save the country from April 30, 1975 and earlier with at least 20 years of service in the military who have been discharged or retired (hereinafter referred to as Decree No. 159/2006/NĐ-CP);

Pursuant to Decree No. 11/2011/NĐ-CP dated January 30, 2011 of the Government amending and supplementing certain provisions of Decree No. 159/2006/NĐ-CP (hereinafter referred to as Decree No. 11/2011/NĐ-CP);

___________________________________

 

The Ministry of National Defense, the Ministry of Labor-Social Affairs and War Invalids, and the Ministry of Finance guide the amendment and supplementation of Circular Joint No. 69/2007/TTLT-BQP-BLDTBXH-BTC dated April 16, 2007 of the Ministry of National Defense, the Ministry of Labor-Social Affairs and War Invalids, and the Ministry of Finance guiding the implementation of Decree No. 159/2006/NĐ-CP (hereinafter referred to as Circular Joint No. 69/2007/TTLT-BQP-BLDTBXH-BTC) as follows:

Article 1. Amend and supplement some points of Circular Joint No. 69/2007/TTLT-BQP-BLDTBXH-BTC as follows:

1. Section I is amended and supplemented as follows:

I. Object and Conditions

Military personnel enlisted from April 30, 1975 and earlier with at least 20 years of service in the military, currently not receiving retirement benefits, disability benefits, monthly veteran benefits, and belong to one of the following cases:

"c) Military personnel transferred to another profession or converted to civil servants in the defense sector then terminated their employment before January 1, 1995; having a decision to transfer profession before April 1, 2000 but unable to implement it or military personnel returned to their hometown without being processed for discharge or retirement;
a) Cadres, civil servants, public officials, and workers as stipulated in Article 2 of Decree No. 178/2024/NĐ-CP dated December 31, 2024 (amended and supplemented by Decree No. 67/2025/NĐ-CP dated March 15, 2025) of the Government on policies and treatment for cadres, civil servants, public officials, workers, and armed forces personnel in the process of organizational restructuring of the political system, having a total mandatory social insurance contribution period of at least 15 years when working in heavy, hazardous, or dangerous jobs or extremely heavy, hazardous, or dangerous jobs listed by the agency under the Government responsible for labor administration, or working in areas with particularly difficult socio-economic conditions including time worked in places with regional allowances of coefficient 0.7 or higher before January 1, 2021, and reaching the retirement age as specified in Appendix II issued together with Decree No. 135/2020/NĐ-CP, ceasing work immediately due to direct impact from organizational restructuring and implementation of the two-level local government model;

2. Non-applicable objects The objects specified in Clause 1 of this Section shall not be entitled to the benefits prescribed in Decree No. 159/2006/NĐ-CP, including one of the following cases:

a) Have been demobilized or discharged before April 1, 2000;

b) War invalids with a labor capacity reduction of 81% or more undergoing treatment at rehabilitation centers for war invalids or returning home from such centers before April 1, 2000;

c) Leaving the country illegally or currently declared missing by a court."

d) Military personnel demobilized or discharged after going abroad for international cooperation labor or being sent abroad for international cooperation labor and returned to be demobilized or discharged before April 1, 2000.

2. Clause 1 of Section II is amended and supplemented as follows:

a) Desertion, surrender, betrayal, or recruitment;

b) Violating the law and serving a life sentence; serving a prison term; convicted of a crime endangering national security and not yet pardoned;

"1. Time of work to calculate retirement benefits

a) Actual time of work in the military is considered as time contributing to social insurance to calculate retirement benefits prescribed in Clause 1, Article 3 of Decree No. 159/2006/NĐ-CP, including time as officers, professional soldiers, non-commissioned officers, soldiers, and civil servants in the defense sector (including time working in the public security force and then transferring to the People's Army, if applicable). If there is a break in the time of work in the military, it will be accumulated.

For cases where they were transferred to another profession and then terminated their employment; or were discharged or retired for a period of time and then continued working at agencies, units, organizations outside the military or went abroad for international cooperation, and then were discharged or retired again or severely wounded veterans undergoing rehabilitation at centers under the management of the Ministry of Labor-Social Affairs and War Invalids, the time of work outside the military, time of labor for international cooperation, and time of rehabilitation at centers under the management of the Ministry of Labor-Social Affairs and War Invalids shall not be counted towards the calculation of retirement benefits prescribed in Decree No. 159/2006/NĐ-CP.
b) If there is a fractional month when calculating retirement benefits, less than three months will not be counted, from three to six months will be counted as half (1/2) of the benefit of one year of social insurance contribution, and more than six months up to twelve months will be counted as the full benefit of one year of social insurance contribution.

c) For the subjects specified in Points a and b of Clause 1 of Section I of this Circular who have been granted retirement benefits according to Decree No. 159/2006/NĐ-CP before April 1, 2011, if their actual time of work in the military increases (time as public security personnel or civil servants in the defense sector), their retirement pension percentage will be adjusted accordingly from May 1, 2010.

Example 1a: Mr. Nguyen Van A was enlisted in March 1973, transferred to civil servant in the defense sector in March 1986, transferred back to military personnel in September 1989, and transferred to civil servant in the defense sector again in September 1993. Mr. Nguyen Van A retired in December 1994. According to regulations, the time of service in the military that can be counted towards retirement benefits for Mr. A is 21 years and 9 months (from March 1973 to November 1994).

Example 1b: Mr. Nguyen Van B was enlisted in March 1971, transferred to another profession in September 1992, and retired in December 1994. According to regulations, the time of service in the military that can be counted towards retirement benefits for Mr. B is 21 years and 7 months (from March 1971 to September 1992).

Example 1c: Mr. Nguyen Van C joined the public security force in March 1971, transferred to the military in March 1976, and was discharged in October 1993. According to regulations, the time of service in the public security force and military that can be counted towards retirement benefits for Mr. C is 22 years and 7 months (from March 1971 to September 1993).

Example 1d: Mr. Nguyen Van D joined the public security force in May 1969, transferred to military personnel in March 1971, and was discharged in October 1993. In October 2008, Mr. D received a Decision from the Social Insurance Department of the Ministry of National Defense to receive monthly retirement benefits according to Decree No. 159/2006/NĐ-CP from January 1, 2007, with a total service time of 22 years and 7 months (from March 1971 to September 1993), corresponding to a retirement pension rate of 61%. According to regulations, starting from May 1, 2010, Mr. D's total service time for calculating retirement benefits is adjusted to 24 years and 5 months (from May 1969 to September 1993), corresponding to a retirement pension rate of 64%."

Example 1c: Mr. Nguyen Van C joined the People's Public Security in March 1971, transferred to the People's Army in March 1976, and was discharged with retirement benefits in October 1993. According to the regulations, the period of service for retirement benefits for Mr. C is 22 years and 7 months (from March 1971 to September 1993).

Example 1d: Mr. Nguyen Van D joined the People's Public Security in May 1969, transferred to the People's Army in March 1971, and was discharged with retirement benefits in October 1993. In October 2008, Mr. D received a Decision from the Social Insurance under the Ministry of National Defense to receive monthly pension benefits according to Decree No. 159/2006/NĐ-CP from January 1, 2007, with the working period for calculating the benefit being 22 years and 7 months (from March 1971 to September 1993), corresponding to a pension rate of 61%. According to the regulations, starting from May 1, 2010, Mr. D's working period for calculating the benefit is adjusted to 24 years and 5 months (from May 1969 to September 1993), corresponding to a pension rate of 64%.

3. Clause 3 Section II shall be amended and supplemented as follows:

"a) The monthly salary serving as the basis for calculating retirement pay includes the rank allowance, grade, step, and seniority allowance, position allowance (if any) during the last five years before discharge, separation, resignation, or transfer to another profession; or before being transferred to a veterans' rehabilitation center under the Ministry of Labor, Invalids, and Social Affairs, which is converted into the corresponding salary coefficient and allowance as prescribed in Decree No. 25/CP dated May 23, 1993 of the Government on the temporary regulations on the new salary system for civil servants, administrative and public service officials, and armed forces personnel (the professional Warrant Officer rank salary level is equivalent to a coefficient of 3.0). The minimum salary for calculating retirement pay is set at 290,000 VND per month.

Example 3: Mr. Le Van Kim (as mentioned in Example 1) now receives a monthly retirement benefit; his salary progression over the last five years (60 months) is as follows:

- From February 1989 to July 1991 (30 months) with the rank of Major (coefficient 4.15); seniority allowance 20%; position allowance as Battalion Commander (coefficient 0.35).

(290,000 VND x 4.15 x 1.20 x 30 months) + (290,000 VND x 0.35 x 30 months) = 46,371,000 VND.

- From August 1991 to January 1994 (30 months) with the rank of Lieutenant Colonel (coefficient 4.80); seniority allowance 23%; position allowance as Battalion Commander (coefficient 0.35).

(290,000 VND x 4.80 x 1.23 x 30 months) + (290,000 VND x 0.35 x 30 months) = 54,409,800 VND.

The salary basis for calculating Mr. Kim's retirement pay is:

(46,371,000 VND + 54,409,800 VND) / 60 months = 1,679,680 VND/month.

Mr. Kim's monthly retirement pay calculated up to October 1, 2004 is: 1,679,680 VND x 62% = 1,041,402 VND/month.

b) In cases where the individual has less than five years (60 months) of salary, the basis for calculating retirement pay is the average of the total number of months of salary received.

Example 4: Mr. Nguyen Van Hien, born in 1940, enlisted in January 1958, served for 20 years and 2 months in the military; discharged in March 1978; promoted to Second Lieutenant in May 1974; promoted to First Lieutenant in May 1976.

The calculation of the salary basis for Mr. Hien's retirement pay is as follows:

- From May 1974 to April 1976, 24 months; rank of Second Lieutenant, salary coefficient 3.0; seniority allowance 18%.

290,000 VND x 3.0 x 1.18 x 24 months = 24,638,400 VND.

- From May 1976 to February 1978, 22 months; seniority allowance 20%.

290,000 VND x 3.20 x 1.20 x 22 months = 24,499,200 VND.

The average salary basis for calculating retirement pay is:

(24,638,400 VND + 24,499,200 VND) / 46 months = 1,068,208 VND/month.

c) For individuals who were transferred to defense civil servants and then resigned when calculating retirement pay, this shall be implemented according to the provisions of Clause 7 Article 34 of Decree No. 68/2007/NĐ-CP dated April 19, 2007 of the Government detailing and guiding the implementation of certain provisions of the Law on Social Insurance regarding mandatory social insurance for military personnel, police officers, and personnel engaged in confidential work receiving salaries equivalent to those of military personnel and police officers.

d) In exceptional cases, if the individual's file only proves the final military rank or salary before discharge, separation, resignation, or transfer, the time spent holding the military rank shall be applied according to the provisions of the Law on Officers of the Vietnam People's Army (1981) or the time spent holding the salary grade according to the State's regulations to determine the salary progression over the last five years as the basis for calculating retirement pay."

4. Clause 4 Section II shall be amended and supplemented as follows:

"4. Calculation of Retirement Pay

a) Individuals specified in Points a and b Clause 1 Section I of this Circular shall be adjusted similarly to those receiving monthly retirement benefits before October 2004 as stipulated in Decree No. 208/2004/NĐ-CP dated December 14, 2004 on adjusting retirement pay and social insurance allowances; Decree No. 117/2005/NĐ-CP dated September 15, 2005 on adjusting retirement pay and social insurance allowances; Decree No. 118/2005/NĐ-CP dated September 15, 2005 on adjusting the minimum wage; Decree No. 93/2006/NĐ-CP dated September 7, 2006 on adjusting retirement pay, social insurance allowances, and monthly allowances for retired village cadres; and Decree No. 94/2006/NĐ-CP dated September 7, 2006 of the Government on adjusting the minimum wage.

b) For individuals specified in Points c and d Clause 1 Section I of this Circular, they shall be adjusted similarly to those in Point a of this Clause and shall be adjusted according to the provisions of Decree No. 166/2007/NĐ-CP dated November 16, 2007 on setting the minimum wage; Decree No. 101/2008/NĐ-CP dated September 12, 2008 on adjusting retirement pay, social insurance allowances, and monthly allowances for retired village cadres; Decree No. 34/2009/NĐ-CP dated April 6, 2009 on adjusting retirement pay, social insurance allowances, and monthly allowances for retired village cadres; and Decree No. 29/2010/NĐ-CP dated March 25, 2010 of the Government on adjusting retirement pay, social insurance allowances, and monthly allowances for retired village cadres (Adjustment Table, Appendix 1 attached to this Circular).

Example 5: In the case of Mr. Kim (mentioned in Examples 1 and 3), with the rank of Lieutenant Colonel (coefficient 4.80), the calculation of his retirement pay from October 2004 onwards is as follows:

- From October 2004, adjusted according to the provisions of Decree No. 208/2004/NĐ-CP increasing by 10%:

1,041,402 VND/month x 1.10 = 1,145,542 VND/month.

- From October 2005, adjusted according to the provisions of Decree No. 117/2005/NĐ-CP increasing by 8%; Decree No. 118/2005/NĐ-CP increasing by 20.7%:

1,145,542 VND/month x 1.08 = 1,237,185 VND/month;

1,237,185 VND/month x 1.207 = 1,493,283 VND/month.

- From October 2006 onwards, adjusted according to the provisions of Decree No. 93/2006/NĐ-CP increasing by 8%; Decree No. 94/2006/NĐ-CP increasing by 28.6%:

1,493,283 VND/month x 1.08 = 1,612,745 VND/month;

1,612,745 VND/month x 1.286 = 2,073,990 VND/month.

- Mr. Kim's actual retirement pay received from January 2007 is 2,073,990 VND/month.

Example 5a: In the case of Mr. Kim (mentioned in Examples 1, 3, and 5) but belonging to the category entitled to a monthly retirement benefit from May 1, 2010, the calculation of Mr. Kim's retirement pay is as follows:

- From January 01, 2008, adjusted according to the provisions of Decree No. 166/2007/NĐ-CP, increased by 20%:

2,073,990 VND/month x 1.20 = 2,488,788 VND/month.

- From October 2008, adjusted according to the provisions of Decree No. 101/2008/NĐ-CP, increased by 15%:

2,488,788 VND/month x 1.15 = 2,862,106 VND/month.

- From May 2009, adjusted according to the provisions of Decree No. 34/2009/NĐ-CP, increased by 5%:

2,862,106 VND/month x 1.05 = 3,005,211 VND/month.

- From May 2010, adjusted according to the provisions of Decree No. 29/2010/NĐ-CP, increased by 12.3%:

3,005,211 VND/month x 1.123 = 3,374,852 VND/month.

- Mr. Kim's actual pension received from May 2010 is 3,374,852 VND/month.

5. Clause 7 Section II is amended and supplemented as follows:

"7. The subjects specified in Point a Clause 1 Section I of this Circular who passed away before January 1, 2007, and the subjects specified in Points c and d Clause 1 Section I of this Circular who passed away before April 1, 2011, one of the relatives of the subject (spouse or husband, biological or adopted child; father or mother or legal guardian) shall be entitled to receive a one-time benefit of 3,600,000 VND. For the subjects specified in Points a and b Clause 1 Section I of this Circular who passed away from January 1, 2007, and the subjects specified in Points c and d Clause 1 Section I of this Circular who passed away from April 1, 2011, and have not yet received monthly retirement benefits, the relatives of the subject shall be entitled to claim back the retirement salary from January 1, 2007 or from May 1, 2011 until the month the subject passed away."

6. Clause 1 Section III is amended and supplemented as follows:

"1. Documents for claiming benefits
a) The documents serving as grounds for claiming benefits include one or more of the following:

Decision on demobilization, discharge, transfer, or conversion to civilian defense personnel and then termination of employment; decision of the competent authority to send for international labor cooperation; military service record, civil servant, public official, cadre record, or summary of 63 items for officers; party member record; registration form for subsistence allowance upon demobilization, discharge, or transfer; social insurance book; decision to issue a certificate of war invalidity and disability allowance or extract from the disability file (for war invalids).

Certificate of work history issued by the former unit before the military personnel were demobilized, discharged, transferred, or converted to civilian defense personnel and then terminated employment, signed and stamped by the head of the unit at the level of Regiment and above according to the management hierarchy of the subject before demobilization, discharge, or sending for international labor cooperation, transfer, or conversion to civilian defense personnel and then termination of employment; accompanied by a copy of the subject's file or list of registered and managed subjects that the unit currently retains as the basis for certification; if the original documents and files still exist at the former unit, the former unit shall issue them to the subject in accordance with the current laws on notarization and authentication. In cases where the former unit has been merged or dissolved, the new unit established after the merger or the direct superior of the dissolved unit shall confirm and issue.

The documents serving as grounds for claiming benefits mentioned above (including originals or certified copies) must prove the month and year of enlistment, discharge, international labor cooperation, transfer, or conversion to civilian defense personnel and then termination of employment; and determine the actual working time in the military.

b) Documents for claiming benefits

- The documents for claiming monthly retirement benefits are prepared in five sets, including:

+ Application form of the subject (Form No. 01-NĐ159-11);

+ One or more documents serving as grounds for claiming benefits as stipulated in Point a Clause 1 Section of this Circular.

+ Decision to implement retirement benefits by the Military Region Command, Hanoi Capital Command (Form No. 05-NĐ159-11);

+ Request letter of various levels (Form No. 04-NĐ159-11) for district (township), province (city); Form No. 06-NĐ159-11 for Military Region, Hanoi Capital Command.

In cases where the conditions stipulated in Clause 1 Section I of this Circular are met but the subject was sentenced to imprisonment and has completed the sentence and returned to the locality without being processed for demobilization, discharge, or termination of employment, an additional certificate of completion of imprisonment sentence (original or certified copy) issued by the competent authority shall be added. For those sentenced to imprisonment before January 1, 1995, who have completed their sentences and returned to the locality without being processed for benefits and policies, the Ministry of Defense will compile the files, exchange, and unify with the Ministry of Labor, Invalids, and Social Affairs to apply and process retirement benefits according to Decree No. 159/2006/NĐ-CP for each specific case.

- The documents for claiming one-time benefits (for deceased subjects) are prepared in four sets, including:

+ Application form of the relative of the subject (Form No. 02-NĐ159-11);

+ Death certificate; power of attorney of the relatives (if any) (Form No. 03-NĐ159-11) for deceased cases;

+ One or more documents serving as grounds for claiming benefits as stipulated in Point a Clause 1 Section of this Circular;

+ Request letter of various levels."

7. Point 2.1 Clause 2 Section III is amended and supplemented as follows:

"2.1. For subjects entitled to retirement benefits and relatives of deceased subjects

Submit the documents to the People's Militia Board of the commune or ward where the permanent residence is registered; quantity of 01 set, including the following documents:

a) For subjects entitled to retirement benefits

+ Application form of the subject 01 copy (Form No. 01-NĐ159-11), original;

+ One or more documents serving as grounds for claiming benefits as stipulated in Point a Clause 1 Section of this Circular (01 copy);

b) Relatives of deceased subjects

+ Application form of the relative of the subject 01 copy (Form No. 02-NĐ159-11), original;

+ 01 death certificate (original or certified copy); 01 power of attorney of the relatives (if any) (Form No. 03-NĐ159-11), original;

+ One or more documents serving as grounds for claiming benefits as stipulated in Point a Clause 1 Section of this Circular (01 copy)."

8. Add Point 2.4a and Point 2.4b after Point 2.4 Clause 2 Section III as follows:

"2.4a. For the Hanoi Capital Command to fulfill responsibilities similar to those of the Military Region; instruct the Political Department to fulfill responsibilities similar to those of the Provincial Military Command (city)."

2.4b. The review and examination periods at each level shall be carried out as follows:

- Within three working days from the date of receiving complete files in accordance with regulations, the People's Militia Board of the commune (ward) shall complete the consolidation and preparation of the report file to submit to the People's Militia Board of the district (city).

- Within five working days from the date of receiving complete files reported by the People's Militia Board of the commune (ward), the People's Militia Board of the district (city) shall complete the review and consolidation of the report to submit to the Military Command of the province (city).

- Within seven working days from the date of receiving complete files reported by the People's Militia Board of the district (city) in accordance with regulations, the Military Command of the province (city) shall complete the review and finalize the file (five copies for retirement, four copies for one-time allowance) to report to the Political Department of the Military Region, the Capital Military Command.

- Within ten working days from the date of receiving complete valid files reported by the Military Command of the province (city), the Military Region Command and the Capital Military Command shall complete the verification and finalization of the file to report to the Social Insurance Department under the Ministry of National Defense for consideration and issuance of decisions on benefits for the relevant subjects in accordance with regulations.

9. Point 2.5 Clause 2 Section III is amended and supplemented as follows:

"2.5. The Policy Bureau - General Political Department

Shall take the lead in coordinating with functional agencies to direct the implementation, inspection of the implementation of the regime and policies for the subjects guided in this Circular; coordinate in resolving difficulties and issues arising during the organization and implementation process.

2.5a. Social Insurance Department under the Ministry of National Defense

- Within thirty days from the date of receiving complete files in accordance with the regulations transferred by the Military Region Command and the Capital Military Command, the Social Insurance Department under the Ministry of National Defense shall complete the review and issue decisions on retirement benefits (Form No. 07-NĐ159-11) and one-time benefits (Form No. 08-NĐ159-11);

- Retroactively pay retirement benefits to the subjects specified in Points a and b Clause 1 Section I of this Circular from January 1, 2007 to the month of death, and one-time funeral expenses and one-time death benefits for the subjects specified in Point a Clause 1 Section I of this Circular if they died between January 1, 2007 and March 31, 2011;

- Examine and pay one-time regional allowances (if applicable) to the subjects as prescribed in Decree No. 122/2008/NĐ-CP dated December 4, 2008 of the Government regarding the implementation of regional allowances for retirees, one-time social insurance, disability allowances, and monthly occupational injury and occupational disease allowances;

- Archive the files for benefit examination and transfer the files to relevant agencies, units, and subjects as prescribed."

Article 2. Effective Date

1. This Circular takes effect from December 25, 2011.

2. The retirement regime for the subjects guided in this Circular shall be implemented in accordance with Clause 4 Article 1 of Decree No. 11/2011/NĐ-CP. When enjoying monthly retirement benefits, the subjects are not required to repay the lump sum separation allowances received upon discharge, demobilization, transfer, or resignation.

3. For those who have already enjoyed one-time allowances or monthly allowances pursuant to Decision No. 142/2008/QĐ-TTg dated October 27, 2008, and Decision No. 38/2010/QĐ-TTg dated May 6, 2010 of the Prime Minister concerning the implementation of the regime for military personnel participating in the resistance war against America to save the country with less than twenty years of service in the military and discharged to their home provinces, if now they meet the conditions to enjoy the retirement regime prescribed in Decree No. 159/2006/NĐ-CP and Decree No. 11/2011/NĐ-CP, they may switch to the retirement regime as prescribed. When enjoying monthly retirement benefits, these subjects must return the amount of one-time allowances received to the state budget; the Provincial Military Command where the subject received the one-time allowance shall collect the amount from the subject; the Department of Labor, Invalids, and Social Affairs where the monthly allowance was paid shall collect the amount from the subject. Those currently receiving monthly allowances will cease to receive such allowances according to Decision No. 142/2008/QĐ-TTg from May 1, 2010 when they start receiving retirement benefits.

The collected amounts shall be submitted to the higher financial authority up to the Ministry of National Defense or the Ministry of Labor, Invalids, and Social Affairs to be deposited into the state budget and settled with the Ministry of Finance in accordance with regulations.

4. In cases where the subject has served both in the public security force and the armed forces, the last working unit shall handle the discharge, demobilization, resignation, or transfer procedures and provide retirement benefits to the subject in accordance with regulations. During the implementation process, if there are difficulties, the agencies, units, and localities shall report to the inter-ministerial bodies (through the Policy Bureau of the Ministry of National Defense) for consideration and resolution.

During the implementation process, if there are difficulties, the agencies, units, and localities shall report to the inter-ministerial bodies (through the Policy Bureau of the Ministry of National Defense) for consideration and resolution./.

 

DEPUTY MINISTER
MINISTRY OF FINANCE
DEPUTY MINISTER
Nguyen Cong Nghiep
DEPUTY MINISTER
MINISTRY OF LABOUR - INVALIDS AND SOCIAL AFFAIRS
LABOR AND SOCIAL AFFAIRS
DEPUTY MINISTER
Phạm Minh Huân
DEPUTY MINISTER
MINISTRY OF NATIONAL DEFENSE
DEPUTY MINISTER
Lieutenant General
Nguyen Thanh Cung

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136/2020/TT-BQP Thông tư số 136/2020/TT-BQP hướng dẫn về hồ sơ, quy trình và trách nhiệm giải quyết hưởng các chế độ bảo hiểm xã hội trong Bộ Quốc phòng 발효 중
190/2011/TTLT-BQP-BLĐTBXH-BTC
Joint Circular No. 190/2011/TTLT-BQP-BLDTBXH-BTC amending and supplementing Joint Circular No. 69/2007/TTLT-BQP-BLDTBXH-BTC dated April 16, 2007 of the Ministry of National Defense, the Ministry of Labor - Invalids and Social Affairs, and the Ministry of Finance guiding the implementation of Decree No. 159/2006/NĐ-CP dated December 28, 2006 of the Government on the implementation of retirement benefits for military personnel directly participating in the Anti-American Resistance War from April 30, 1975 onwards who have served at least 20 years in the military and have been demobilized or discharged.
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118/2005/NĐ-CP Nghị định số 118/2005/NĐ-CP Điều chỉnh mức lương tối thiểu chung 만료됨 117/2005/NĐ-CP Nghị định số 117/2005/NĐ-CP Về việc điều chỉnh lương hưu và trợ cấp bảo hiểm xã hội 발효 중 16/1999/QH10 Luật Sỹ quan quân đội nhân dân Việt Nam số 16/1999/QH10 발효 중 208/2004/NĐ-CP Nghị định số 208/2004/NĐ-CP Về việc điều chỉnh lương hưu và trợ cấp bảo hiểm xã hội 발효 중 29/2010/NĐ-CP Nghị định số 29/2010/NĐ-CP Điều chỉnh lương hưu, trợ cấp bảo hiểm xã hội và trợ cấp hàng tháng đối với cán bộ xã đã nghỉ việc 발효 중 68/2007/NĐ-CP Nghị định số 68/2007/NĐ-CP Quy định chi tiết và hướng dẫn thi hành một số điều của Luật Bảo hiểm xã hội về bảo hiểm xã hội bắt buộc đối với quân nhân, công an nhân dân và người làm công tác cơ yếu hưởng lương như đối với quân nhân, công an nhân dân 만료됨 93/2006/NĐ-CP Nghị định số 93/2006/NĐ-CP Điều chỉnh lương hưu, trợ cấp bảo hiểm xã hộivà điều chỉnh trợ cấp hàng tháng đối với cán bộ xã đã nghỉ việc 발효 중 94/2006/NĐ-CP Nghị định số 94/2006/NĐ-CP Điều chỉnh mức lương tối thiểu chung 만료됨 166/2007/NĐ-CP Nghị định số 166/2007/NĐ-CP Quy định mức lương tối thiểu chung 만료됨 101/2008/NĐ-CP Nghị định số 101/2008/NĐ-CP Điều chỉnh lương hưu, trợ cấp bảo hiểm xã hội và trợ cấp hàng tháng đối với cán bộ xã đã nghỉ việc 발효 중 38/2010/QĐ-TTg Quyết định số 38/2010/QĐ-TTg Về việc sửa đổi, bổ sung Quyết định số 142/2008/QĐ-TTg ngày 27 tháng 10 năm 2008 của Thủ tướng Chính phủ về việc thực hiện chế độ đối với quân nhân tham gia kháng chiến chống Mỹ cứu nước có dưới 20 năm công tác trong quân đội đã phục viên, xuất ngũ về địa phương 발효 중 142/2008/QĐ-TTg Quyết định số 142/2008/QĐ-TTg Về thực hiện chế độ đối với quân nhân tham gia kháng chiến chống Mỹ cứu nước có dưới 20 năm công tác trong quân đội đã phục viên, xuất ngũ về địa phương 발효 중

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