This Decree specifies detailed regulations concerning the system and policies for officers of the Vietnam People's Army when they retire, transfer to another field, demobilize, die, or pass away. The contents include social insurance benefits, one-time allowances, priority in recruiting civil servants and professional military personnel, as well as the system for officers in active service transferring to work in enterprises.
적용 범위
When officers of the Vietnam People's Army retire, transfer to another field, demobilize, die, or pass away, relevant military agencies and state bodies are responsible for implementing the system.
핵심 사항
- Retired officers enjoy social insurance benefits according to current regulations and a one-time allowance based on their years of service before retirement age.
- Officers transferring to state agencies and units are given priority in recruitment, training, and salary grading appropriate to their new positions.
- Demobilized officers returning to localities receive job creation allowances, one-time demobilization allowances, and social insurance benefits.
- Officers in active service who die or pass away with dependents receive benefits according to laws providing preferential treatment for those contributing to the revolution.
- Officers transferring to professional military personnel or defense civil servants are graded appropriately and receive a one-time allowance.
🌐 이 문서의 사회적 영향
- Creating opportunities for officers serving in the military when they retire, transfer to another field, or demobilize.
- Reducing financial burdens on the state budget if the regulations are properly implemented.
- Providing spiritual and material support for the dependents of officers who die or pass away.
- Enhancing fairness in recruitment, training, and salary grading for officers transferring to another field.
- Improving working conditions and remuneration systems for officers in active service.
❓ 자주 묻는 질문
How many months of salary do retired officers receive?
Three months of salary for each year of service before retirement age, plus five additional months of salary for the first twenty years of service. For each year beyond twenty years, a one-time allowance is provided at half a month's salary.
What advantages do officers transferring to state agencies have?
They are given priority in recruitment, training, and salary grading appropriate to their new positions.
What benefits do demobilized officers returning to localities receive?
They receive job creation allowances, one-time demobilization allowances, and social insurance benefits.
What do the dependents of officers in active service who die or pass away receive?
Dependents receive benefits according to laws providing preferential treatment for those contributing to the revolution and a one-time allowance based on the officer’s years of service.
How are officers transferring to professional military personnel or defense civil servants graded?
They are graded appropriately according to the group, profession, and level of education and training; if the new salary coefficient is lower, it will be maintained until the salary is increased to the same or higher level.
전문
|
THE GOVERNMENT |
SOCIALIST REPUBLIC OF VIET NAM |
|
Number: 21/2009/NĐ-CP |
Hanoi, February 23, 2009 |
DECREE
DETAILING AND GUIDING THE IMPLEMENTATION OF CERTAIN ARTICLES OF THE LAW ON MILITARY OFFICERS OF THE PEOPLE'S ARMED FORCES OF VIETNAM REGARDING REGIME AND POLICY TOWARDS RETIRED OFFICERS; OFFICERS WHO HAVE PASSED AWAY OR RETIRED WHILE ON ACTIVE DUTY; AND OFFICERS TRANSFERRED TO BECOME PROFESSIONAL SOLDIERS OR NATIONAL DEFENSE CIVIL SERVANTS
THE GOVERNMENT
On the basis of Law on Government Organization dated December 25, 2001;
On the basis of The Law on Military Officers of the People's Armed Forces of Vietnam dated December 21, 1999; The Law Amending and Supplementing Certain Articles of the Law on Military Officers of the People's Armed Forces of Vietnam dated June 3, 2008;
Upon the proposal of the Minister of National Defense,
DECREE:
Article 1. Scope of Regulation and Applicability
This Decree details and guides the implementation of regime and policy for retired officers, officers who have transferred to other sectors, officers who have been discharged from service, officers who have retired under the war invalidity pension system, officers who have passed away while on active duty, officers who have transferred to become professional soldiers or national defense civil servants; conversion of time periods for receiving one-time allowances as stipulated in Article 34, Clause 36 of the Law on Military Officers of the People's Armed Forces of Vietnam dated December 21, 1999 and Clauses 11, 12 of Article 1 of the Law Amending and Supplementing Certain Articles of the Law on Military Officers of the People's Armed Forces of Vietnam dated June 3, 2008 (hereinafter referred to collectively as the Law on Military Officers of the People's Armed Forces of Vietnam).
- Officers surplus due to organizational changes or changes in organizational structure and establishment as decided by the competent authority
- Officers who have reached the age limit for holding command or management positions as provided in Clause 3, Article 13 of the Law on Officers of the Vietnam People's Army and for whom the military has no further need to deploy or utilize.
b) The one-time allowance includes:
- Officers who are surplus due to changes in organizational structure and staffing as decided by the competent authority;
- Receiving an allowance equivalent to five months' salary for the first twenty years of service. For each year beyond twenty-one years, an allowance equivalent to half a month's salary is granted.
When an officer receives a retirement decision, if they have been promoted in rank, received a salary increase for two-thirds of the term or more, and have been evaluated as having fulfilled their tasks or better, they will be promoted in rank and receive a salary increase (except in cases of promotion to general rank).
- Shall be granted three months' salary subsidy for each year of retirement before the age limit;
- Shall be granted five months' salary subsidy for the first twenty years of service. For each additional year of service beyond twenty years, an additional half month's salary subsidy shall be granted.
Article 3. Treatment and policies for officers transferring to other fields
a) Priority in job placement suitable to their specialized field, technical skills, and professional duties; training and further education in necessary specialized and professional knowledge appropriate to the tasks they undertake;
b) Exemption from competitive examinations if transferring back to the original agency or unit or transferring according to the requirements of competent state authorities;
c) They are entitled to be given additional points added to their examination results when participating in examinations for civil servants as prescribed in Clause 2, Article 7 of Government Decree No. 116/2003/NĐ-CP dated October 10, 2003 on Recruitment, Employment, and Management of Cadres and Civil Servants in State Public Institutions and Clause 2, Article 7 of Government Decree No. 117/2003/NĐ-CP dated October 10, 2003 on Recruitment, Employment, and Management of Cadres and Civil Servants in State Agencies;
d) They shall be assigned a salary commensurate with their new position. In cases where the new salary coefficient is lower than the officer's previous salary coefficient at the time of transfer, the difference between the two coefficients shall be retained for a minimum period of 18 months from the effective date of the transfer decision and paid by the new agency or unit. During the retention period, if the new salary coefficient is equal to or higher than the officer's previous salary coefficient before the transfer, they shall receive the new salary coefficient;
đ) When retiring, the calculation of the retirement pension shall be carried out according to the provisions of Clause 7, Article 34 of Government Decree No. 68/2007/NĐ-CP dated April 19, 2007 detailing and guiding the implementation of certain articles of the Law on Social Insurance regarding mandatory social insurance for military personnel, police personnel, and personnel engaged in confidential work receiving salaries equivalent to those of military personnel and police personnel;
Officers transferring to work at enterprises, agencies, units not receiving salaries from the state budget shall be entitled to a one-time discharge allowance as stipulated in point b, Clause 1, Article 5 of this Decree and social insurance benefits as prescribed by laws on social insurance; upon retirement, they shall not be entitled to pension benefits as stipulated in Clause 7, Article 34 of Government Decree No. 68/2007/NĐ-CP dated April 19, 2007.
1. Officers who cease active service without meeting the conditions for retirement or who do not transfer to another field shall be discharged back to their place of origin and shall enjoy the following benefits:
a) They shall be entitled to job creation assistance equivalent to six months of the national minimum wage as prescribed by the Government; they shall be given priority in vocational training or job introduction by organizations providing job introduction services of ministries, sectors, mass organizations, localities, and other socio-economic organizations.
b) A one-time discharge allowance, equivalent to one month's salary for each year of service;
c) Social insurance benefits and other benefits as prescribed by current laws.
2. Officers who have been discharged back to their place of origin within a period not exceeding one year from the date the discharge decision takes effect, if recruited into agencies, units as specified in Clause 1, Article 3 of this Decree, shall implement the transfer-of-service regime. When implementing the transfer-of-service regime, they must repay the one-time discharge allowance as stipulated in point b, Clause 1 of this Article and the one-time social insurance allowance already received. The military agency or unit issuing the transfer-of-service decision shall be responsible for recovering the amount of the discharge allowance and the social insurance allowance already received.
3. Officers who have been discharged back to their place of origin within a period not exceeding one year from the date the discharge decision takes effect, if recruited to work at enterprises, agencies, units not receiving salaries from the state budget, and wish to continue contributing to the social insurance fund, must repay the social insurance fund the amount of the one-time social insurance allowance already received.
Article 6. Treatment and policies for officers retiring under the war invalids regime
Officers who retire due to service-related illness shall be entitled to service-related illness benefits under laws on preferential treatment for persons with meritorious service to the revolution and social insurance benefits as prescribed by laws on social insurance.
Article 7. Treatment and policies for officers serving in active duty who die or pass away
1. In case officers serving in the military die on duty, their dependents shall be entitled to benefits as prescribed by laws on preferential treatment for persons with meritorious service to the revolution, laws on social insurance, and a one-time allowance, with each year of service entitling them to an allowance equivalent to one month's salary of the officer before death.
2. In case officers serving in the military pass away, their dependents shall be entitled to social insurance benefits as prescribed by laws on social insurance and a one-time allowance, with each year of service entitling them to an allowance equivalent to one month's salary of the officer before passing away.
Article 8. Treatment and policies for officers serving in active duty transferring to professional military personnel or civil servants in national defense
1. Officers serving in the military who are transferred to become professional soldiers or defense civil servants as prescribed shall be assigned a salary level corresponding to the new placement category, consistent with the group and profession of cadres being reassigned; educational qualifications, training; time holding current rank or grade. In cases where the coefficient of the new salary level is lower than the coefficient of the officer's salary at the time of transfer, the difference between the coefficient of the officer's salary and the coefficient of the new salary level shall be retained until the salary is increased to the same level or higher.
Article 9. One-time allowance system for officers with direct combat, combat service, or work in difficult areas or special professions when leaving active duty
a) Officers with direct combat experience, served in combat support roles shall have that time converted at a rate of one year equal to one year six months;
In cases where an officer meets two or three of the above conditions within the same period of work, they will receive benefits according to the highest conversion rate. If the work period mentioned above is not continuous, it will be accumulated to determine the total time eligible for benefit.
2. The additional time gained through conversion as stipulated in Clause 1 of this Article shall be calculated for a one-time allowance at a rate of one year being compensated by one month's salary.
Article 10. Salary and working time for benefit calculation
1. The monthly salary for calculating the allowances prescribed in this Decree includes: salary according to military rank level; position allowances, seniority allowances, and retention differential coefficients (if any).
2. The monthly salary for calculating the allowances prescribed in point b, Clause 2, Article 2 of this Decree is the average monthly salary of the last five years before retirement; the monthly salary for calculating allowances under point b, Clause 1, Article 5; Article 7; Clause 2, Article 9 of this Decree is considered as the current salary and allowances received.
The time for calculating the one-time allowance is the total time serving in the military and the time working at agencies or units receiving state budget salaries and social insurance contributions before joining the military.
When calculating benefits, if there is a fractional month, it will be calculated as follows: less than 3 months is not counted; from 3 months to 6 months is counted as half (1/2) of the annual benefit amount; from more than 6 months to less than 12 months is counted as the full annual benefit amount.
Article 11. Funding Assurance
The state budget ensures the funding for implementing the allowance systems prescribed in this Decree in accordance with the State Budget Law.
Article 12. Handling Violations
1. The rights of officers stipulated in this Decree will be reduced or revoked if the file is falsified or tampered with to claim benefits; improperly received benefits must be repaid.
In cases where officers fail to receive benefits or receive incomplete benefits due to file errors, their rights will be restored according to the provisions of this Decree.
2. In addition to the handling measures stipulated in Article 1 of this provision, individuals or organizations committing acts of falsifying or forging documents shall, depending on the nature and severity of the violation, also be subject to disciplinary action, administrative penalties, or criminal prosecution and must compensate for losses (if any) in accordance with the provisions of the law.
Article 13. Implementation Provisions
1. This Decree takes effect from April 10, 2009. The allowance systems and policies prescribed in this Decree shall be implemented from July 1, 2008.
2. This Decree replaces Decree No. 04/2001/NĐ-CP dated January 16, 2001 of the Government detailing certain provisions of the Officer Law of the Vietnam People's Army 1999.
3. The benefits and policies for officers prescribed in this Decree apply to professional soldiers under the Vietnam People's Army.
The age condition for calculating one-time allowances for professional soldiers retiring early is determined correspondingly to officers of the same rank, but the maximum age limit is implemented according to Article 7 of Government Decree No. 18/2007/NĐ-CP dated February 1, 2007, on professional soldiers.
1. The Ministry of National Defense shall take the lead and coordinate with the Ministry of Home Affairs, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Finance to be responsible for guiding the implementation of this Decree.
2. Ministers, heads of agencies at the ministerial level, heads of government agencies, Chairmen of provincial People's Committees, and Chairmen of municipal People's Committees directly under the Central Government are responsible for enforcing this Decree.
|
Place of Receipt: |
PRIME MINISTER |
관계도
문서를 클릭하면 열립니다. 빨간 테두리＝효력을 변경하는 관계.
번역본
이 문서는 다음 언어로 제공됩니다: