Circular No. 25/2025/TT-BQP guiding the implementation of certain provisions of Decree No. 21/2009/NĐ-CP dated February 23, 2009 detailing and guiding the implementation of some articles of the Law on Officers of the Vietnam People's Army regarding the system and policies for officers retiring from active service; officers on active duty who die or retire; and officers transferring to professional military personnel or defense civil servants, amended and supplemented by certain provisions of Government Decree No. 52/2025/NĐ-CP dated March 1, 2025.

CIRCULAR

Guidelines for Implementing Certain Provisions of Decree No. 21/2009/NĐ-CP dated February 23, 2009 of the Government detailing and guiding the implementation of certain provisions of the Law on Officers of the Vietnam People's Army regarding the system and policies for officers who cease active service; officers on active duty who die or pass away; officers on active duty who transfer to become professional military personnel or defense civil servants, amended and supplemented by certain provisions of Decree No. 52/2025/NĐ-CP dated March 1, 2025 of the Government

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Decree No. 21/2009/NĐ-CP dated February 23, 2009 of the Government detailing and guiding the implementation of certain provisions of the Law on Officers of the Vietnam People's Army regarding the system and policies for officers who cease active service; officers on active duty who die or pass away; officers on active duty who transfer to become professional military personnel or defense civil servants;

Decree No. 52/2025/NĐ-CP dated March 1, 2025 of the Government amending and supplementing certain provisions of Decree No. 21/2009/NĐ-CP dated February 23, 2009 of the Government detailing and guiding the implementation of certain provisions of the Law on Officers of the Vietnam People's Army regarding the system and policies for officers who cease active service; officers on active duty who die or pass away; officers on active duty who transfer to become professional military personnel or defense civil servants;

Pursuant to Decree No. 01/2022/NĐ-CP dated November 30, 2022 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Pursuant to Decree No. 03/2025/NĐ-CP dated February 28, 2025 of the Government amending and supplementing certain provisions of Decree No. 01/2022/NĐ-CP dated November 30, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

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

The Minister of National Defense issues this Circular guiding the implementation of certain provisions of Decree No. 21/2009/NĐ-CP dated February 23, 2009 of the Government detailing and guiding the implementation of certain provisions of the Law on Officers of the Vietnam People's Army concerning the system and policies for officers who cease active service; officers on active duty who die or pass away; officers on active duty who transfer to become professional military personnel or defense civil servants, amended and supplemented by certain provisions of Decree No. 52/2025/NĐ-CP dated March 1, 2025 of the Government.

Article 1. Scope of Regulation

This Circular guides the systems and policies for officers who cease active service; officers on active duty who die or pass away; officers on active duty who transfer to become professional military personnel or defense civil servants; converting time periods to enjoy one-time allowances as prescribed in Decree No. 21/2009/NĐ-CP, amended and supplemented by certain provisions of Decree No. 52/2025/NĐ-CP.

Article 2. Scope of Application

This Circular applies to officers who cease active service; officers on active duty who die or pass away; officers on active duty who transfer to become professional military personnel or defense civil servants; relevant agencies, units, organizations, and individuals.

Article 3. Salary and Length of Service for Entitlement Calculation

1. Salary for Entitlement Calculation

a) The monthly salary for calculating the one-time allowance as prescribed in point b, Clause 2, Article 2 of Decree No. 21/2009/NĐ-CP and point d, Clause 1, Article 4 of this Circular shall be calculated based on the average monthly salary paid for social insurance contributions over the last five years (60 months) prior to retirement. When calculating the average monthly salary, it shall be converted according to the salary system in effect at the time of retirement.

b) The monthly salary for calculating the one-time allowance as prescribed in point b, Clause 1, Article 5, Article 7, Clause 2, Article 9 of Decree No. 21/2009/NĐ-CP and Clause 2, Article 6, Clause 1, Article 7, Clause 3, Article 8 of this Circular shall be the monthly salary paid for social insurance contributions of the month immediately preceding retirement, demobilization, transfer to another profession, retirement under the disabled veteran regime, death, passing away, or transfer to become a defense civil servant, or the most recent month before retirement, demobilization, transfer to another profession, retirement under the disabled veteran regime, death, passing away, or transfer to become a defense civil servant (in cases of retirement due to illness or maternity leave; after a period of being out of contact or missing, declared dead by a court).

c) The monthly salary for calculating the one-time allowance as prescribed in points a and b of this clause includes: salary according to rank, leadership position allowances, seniority allowances, and retained differential amounts (if any).

2. Length of Service for Entitlement Calculation

a) The length of service for calculating the one-time allowance as prescribed in point b, Clause 2, Article 2, point b, Clause 1, Article 5, Article 7 of Decree No. 21/2009/NĐ-CP and point d, Clause 1, Article 4, Clause 2, Article 6, Clause 1, Article 7 of this Circular is the total length of service in the Military (including time as an officer, professional military personnel, non-commissioned officer, soldier, defense civil servant, defense worker, defense staff member) and time working in agencies and units funded from the state budget with social insurance contributions.

b) The length of service for calculating the converted period as prescribed in Article 9, Clause 1 of Decree No. 21/2009/NĐ-CP, amended and supplemented by Clause 6, Article 1 of Decree No. 52/2025/NĐ-CP and Clauses 1 and 2, Article 8 of this Circular to enjoy the one-time allowance is the total length of service in the Military (including time as an officer, professional military personnel, non-commissioned officer, soldier, defense civil servant, defense worker, defense staff member) directly participating in combat, serving combat, or working in difficult areas or performing jobs classified as heavy, hazardous, dangerous, or extremely heavy, hazardous, dangerous work.

c) The length of service guided in points a and b of this clause, if interrupted without receiving the one-time allowance (demobilization, discharge, cessation of employment), can be accumulated.

3. In cases where the length of service, additional time due to conversion, and early retirement age have fractional months, they shall be calculated according to the principle: less than three months is not counted, from three to six months inclusive is counted as half a year, and more than six months up to twelve months is counted as a full year.

Article 4. Systems and Policies for Retired Officers

1. One-time Allowance System for Officers Who Retire Before the Maximum Age According to Rank As Prescribed in Point b, Clause 2, Article 2 of Decree No. 21/2009/NĐ-CP and Point a, Clause 1, Decree No. 52/2025/NĐ-CP; In Which, The Age To Determine Officers Who Retire Before The Maximum Age According To Rank Is Implemented As Follows:

a) Age to determine an officer retiring before the highest age limit according to rank, eligible for a one-time allowance must be at least one year (twelve months) less than the highest age limit prescribed in Clause 1 Article 13 of the Officer Law of the Vietnam People's Army, amended and supplemented in Clause 2 Article 1 of the Law Amending and Supplementing Certain Provisions of the Officer Law of the Vietnam People's Army No. 52/2024/QH15, calculated from the month of birth to the month immediately preceding the month when the officer receives monthly retirement pay.

b) In cases where an officer is decided by the competent authority to retire before the age limit, if the officer wishes to retire immediately (without preparatory retirement) or to retire during preparatory retirement without completing the prescribed period to have twelve months of early retirement as stipulated in Point a Clause 1 of this Article, they shall be entitled to a one-time allowance due to early retirement. When the competent authority decides on a one-time allowance due to early retirement, the officer shall not be entitled to the difference between the salary of the last month before receiving retirement pay and the first month of retirement pay for the number of months not spent in preparatory retirement.

In cases where the officer's files do not specify the date and month of birth but only the year of birth, the date of July 1st of the year of birth of the officer shall be taken as the basis for calculating the retirement age.

Example 1: Comrade Nguyen Viet Khoa, Lieutenant Colonel, born in October 1971, enlisted in September 1990, holding the position of Deputy Commander of Regiment A. According to current regulations, by the end of October 2027, Comrade Khoa will be 56 years old, reaching the highest age limit according to the rank of Lieutenant Colonel, but due to changes in organizational structure, the military has no need to deploy him; Comrade Khoa was decided by the competent authority to retire before the age limit, with a preparatory retirement period of 12 months, from November 1, 2025 to October 31, 2026, receiving monthly retirement pay from November 1, 2026 (55 years old). Comrade Khoa is entitled to a one-time allowance due to early retirement, with one year (12 months) of early retirement.

Example 2: Comrade Nguyen Van Ba, Major, born in September 1974, enlisted in September 1992, holding the position of Head of Department, working at the Political Department of Military Command Province B. According to current regulations, by the end of September 2028, Comrade Ba will be 54 years old, reaching the highest age limit according to the rank of Major, but due to changes in organizational structure, the military has no need to deploy him; Comrade Ba was decided by the competent authority to retire before the age limit, with a preparatory retirement period of 12 months, from May 1, 2027 to April 30, 2028, receiving monthly retirement pay from May 1, 2028.

However, if Comrade Ba completes the preparatory retirement period as prescribed (by the end of April 2028), the remaining time for early retirement before the highest age limit according to the rank of Major will be only five months (from May 2028 to September 2028); therefore, Comrade Ba does not meet the conditions to receive a one-time allowance due to early retirement.

Comrade Ba wishes to retire immediately (without preparatory retirement), receiving monthly retirement pay from May 1, 2027 (52 years and 7 months old), which is agreed upon by the competent authority according to his wish; at that time, Comrade Ba has a total of one year and five months (54 years - 52 years and 7 months = one year and five months) of early retirement before the highest age limit according to the rank of Major, meeting the conditions to receive a one-time allowance due to early retirement (as guided in Clause 3 Article 3 of this Circular, the number of years of early retirement is rounded up to 1.5 years).

When Comrade Ba has a decision from the competent authority to receive a one-time allowance due to early retirement (one year and five months), he shall not be entitled to the difference between the salary of the last month before receiving retirement pay (April 2027) and the first month of retirement pay (May 2027) for the number of months not spent in preparatory retirement (12 months) as prescribed by the Ministry of National Defense.

c) The rank for determining the highest age limit is the rank of the officer recorded in the decision on retirement (preparatory retirement) issued by the competent authority.

d) The method of calculating the one-time allowance stipulated in Point b Clause 2 Article 2 of Decree No. 21/2009/NĐ-CP is as follows:

Allowance for the number of years of early retirement calculated according to the formula:

Allowance for the number of years of service calculated according to the formula:

e) The one-time allowance due to early retirement before the highest age limit according to rank shall not be implemented in any of the following cases:

Not falling within the scope of persons prescribed in Point a Clause 2 Article 2 of Decree No. 21/2009/NĐ-CP, amended and supplemented in Point a Clause 1 Article 1 of Decree No. 52/2025/NĐ-CP.

Officers still meet the conditions to serve and the military still has a need to deploy them but request early retirement due to personal needs.

Officers disciplined with demotion, removal from office, or reduction in rank.

Officers studying, working, or taking leave abroad beyond the permitted period of thirty days or more without permission from the competent authority.

2. The deadline for considering and proposing promotion in rank or salary increase for officers who have a retirement decision (preparatory retirement) as stipulated in Point b Clause 1 Article 1 of Decree No. 52/2025/NĐ-CP shall be calculated according to the deadline for promotion in rank or salary increase for each rank. Among which, the minimum time required to hold a rank or to have received a first salary increase is sixteen months (for Second Lieutenant); twenty-four months (for Third Lieutenant, First Lieutenant); thirty-two months (for Captain and field grade officers).

Example 3: Comrade Tran Van Dai, born in March 1971, enlisted in September 1991, holding the position of Deputy Chief of Staff of the Military Command of Province C; assuming Comrade Dai was decided by the competent authority to increase salary to the rank of Senior Lieutenant Colonel for the first time in July 2025. According to current regulations, by the end of March 2027, Comrade Dai will be 56 years old, reaching the maximum age limit for the rank of Senior Lieutenant Colonel; Comrade Dai was decided by the competent authority to retire, with a retirement preparation period of 12 months from April 1, 2027 to March 31, 2028, receiving monthly pension benefits starting from April 1, 2028.

As of March 1, 2028, Comrade Dai has been increased in salary to the rank of Senior Lieutenant Colonel for the first time for 32 months (from July 2025 to February 2028); therefore, as of March 1, 2028, Comrade Dai meets the conditions regarding the time limit to be considered and proposed for promotion from the rank of Senior Lieutenant Colonel to the rank of Major General.

Example 4: Comrade Tran Van Son, born in March 1968, enlisted in February 1988, holding the position of Political Chief of the Military Command of Province D; he was increased in salary to the rank of Major General for the first time in July 2024 by the competent authority. According to current regulations, by the end of March 2026, Comrade Son will be 58 years old, reaching the maximum age limit for the rank of Major General; Comrade Son was decided by the competent authority to retire, with a retirement preparation period of 12 months from April 1, 2026 to March 31, 2027, receiving monthly pension benefits starting from April 1, 2027.

As of March 1, 2027, Comrade Son has been increased in salary to the rank of Major General for the first time for 32 months (from July 2024 to February 2027); therefore, as of March 1, 2027, Comrade Son meets the conditions regarding the time limit to be considered and proposed for an increase in salary to the rank of Major General for the second time.

Article 5. Regulations and policies for officers transferring to other sectors

Officers transferring to work at agencies and units funded by the state budget shall enjoy the regulations and policies stipulated in Clause 1 of Article 3 of Decree No. 21/2009/ND-CP, amended and supplemented at points a, b, c, and d of Clause 2 of Article 1 of Decree No. 52/2025/ND-CP; among which, cases exempting from examination and providing travel expenses are implemented as follows:

1. Exempted from examination in the following cases:

a) Officers who were originally cadres, civil servants, or public officials in state agencies and units and transferred back to the agencies and units where they worked before enlisting;

b) Officers transferring to other sectors according to the requirements of agencies and units funded by the state budget, arranged to work in their specialized fields of study.

2. Officers transferring to other sectors are provided with ordinary travel expenses from their unit to the new agency.

Article 6. Regulations and policies for officers leaving active service

When officers leave active service without meeting the conditions for retirement or transfer to another sector, they are discharged to their place of origin; when decided by the competent authority to be discharged, they shall enjoy the regulations and policies stipulated in Article 5 of Decree No. 21/2009/ND-CP, amended and supplemented at Clause 4 of Article 1 of Decree No. 52/2025/ND-CP; among which, the employment creation allowance and one-time discharge allowance are implemented as follows:

1. Calculation method for employment creation allowance

2. Calculation method for one-time discharge allowance

Senior Lieutenant's salary (coefficient 5.00):

13,871,520 VND x 14 years x 01 month = 193,781,280 VND

Article 7. Regulations and policies for officers on active duty who die or pass away

1. Officers on active duty who die or pass away, their relatives shall enjoy the regulations and policies stipulated in Article 7 of Decree No. 21/2009/ND-CP; among which, the one-time allowance for the relatives of officers on active duty who die or pass away is implemented as follows:

one-time allowance for the number of years of service

Social Insurance (BHXH) of the month immediately preceding the death or passing away of the officer

Example 6: Comrade Nguyen Van Dat, Senior Lieutenant, with 10 years and 03 months of service in the military (calculated as 10% seniority), served in Son Vi Commune, Meo Vac District, Ha Giang Province (a special area with a 100% special allowance, equivalent to 1 year for every 1 year and 4 months) for 3 years and 06 months (additional time for calculation of allowance is 1 year and 02 months), died on December 10, 2024, recognized as a martyr. The monthly social insurance contribution wage in November 2024 of Comrade Nguyen Van Dat is:

Total: 12,870,000 VND/month

The relatives of Comrade Dat are entitled to a one-time allowance for the period of service; a one-time allowance for the additional time due to conversion is as follows:

One-time allowance for the period of service: Comrade Dat has served in the Military for 10 years and 3 months (according to the guidance at Clause 3 Article 3 of this Circular, the period of service in the Military is rounded up to 10.5 years), the amount is: 12,870,000 dong x 10.5 years x 01 month = 135,135,000 dong

One-time allowance for the additional time due to conversion: The additional time due to conversion for Comrade Dat is 1 year and 2 months (according to the guidance at Clause 3 Article 3 of this Circular, the additional time due to conversion is rounded up to 1 year), the amount is: 12,870,000 VND x 01 year x 01 month = 12,870,000 dong.

2. The relatives of officers on active duty who have died or passed away shall enjoy a one-time allowance from the state budget as provided for in Clause 1 of this Article, including: spouse; father, mother, or legal foster parent; father, mother, or legal foster parent of the spouse; legitimate child or legally adopted child.

3. In cases where there are no relatives as provided for in Clause 2 of this Article, the one-time allowance for officers on active duty who have died or passed away shall be implemented in accordance with the provisions of the law on inheritance.

Article 8. Conversion of time to calculate the one-time allowance for officers when leaving active duty; officers on active duty who have died or passed away or officers on active duty transferred to civil servants.

1. Conditions for conversion, rates of conversion of time to calculate the one-time allowance prescribed in Clause 1 of Article 9 of Decree No. 21/2009/ND-CP, amended and supplemented in Clause 6 of Article 1 of Decree No. 52/2025/ND-CP, for officers when retiring, transferring to another profession, demobilizing, or retiring under the disabled veteran regime; officers on active duty who have died or passed away or transferred to civil servants shall be carried out as follows:

a) Time of service converted at a rate of 1 year equal to 1 year 6 months to calculate the allowance includes:

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

Time participating in combat or serving in combat in the Southwest border from May 1975 to December 1978; in the Northern border from February 1979 to December 1988; suppressing Fulro from May 1975 to December 1992. Border areas in the defense of the country are considered border areas for conversion purposes;

Time performing international duties and special tasks in Laos and Cambodia during various periods (excluding cases sent to study, diplomatic missions, or economic activities abroad);

b) Time of service converted at a rate of 1 year equal to 1 year 4 months to calculate the allowance includes:

Time of service in areas with a special allowance of 100% as stipulated in Circular No. 09/2005/TT-BNV dated January 5, 2005, issued by the Minister of Home Affairs guiding the implementation of special allowances for cadres, civil servants, public officials, and armed forces personnel;

Time engaged in occupations or work classified as particularly arduous, toxic, and dangerous (Class V, Class VI) as stipulated in Decision No. 1085/LĐTBXH-QĐ dated September 6, 1996; Decision No. 03/2006/QĐ-LĐTBXH dated March 7, 2006, and Circular No. 20/2016/TT-BLĐTBXH dated June 28, 2016, issued by the Minister of Labor, Invalids, and Social Affairs regarding the list of occupations and work classified as arduous, toxic, and dangerous, and particularly arduous, toxic, and dangerous in the military;

c) Time of service converted at a rate of 1 year equal to 1 year 2 months to calculate the allowance includes:

Time of service in areas with regional allowances from a factor of 0.7 or higher as stipulated in Joint Circular No. 11/2005/TTLT-BNV-BLĐTBXH-BTC-UBDT dated January 5, 2005, issued by the Ministry of Home Affairs, the Ministry of Labor, Invalids, and Social Affairs, the Ministry of Finance, and the National Ethnic Committee guiding the implementation of regional allowances;

Time engaged in occupations or work classified as arduous, toxic, and dangerous (Class IV) as stipulated in Decision No. 1085/LĐTBXH-QĐ; Decision No. 03/2006/QĐ-LĐTBXH, and Circular No. 20/2016/TT-BLĐTBXH;

d) When competent authorities issue new regulations or amend and supplement areas with special allowances of 100%, areas with regional allowances from a factor of 0.7 or higher, lists of particularly arduous, toxic, and dangerous occupations and work (Class V, Class VI), and arduous, toxic, and dangerous occupations and work (Class IV), they shall be implemented according to the new regulations or amended and supplemented regulations;

đ) Cases involving occupations or work classified as arduous, toxic, and dangerous, and particularly arduous, toxic, and dangerous outside the military that are not specified in Decision No. 1085/LĐTBXH-QĐ; Decision No. 03/2006/QĐ-LĐTBXH, and Circular No. 20/2016/TT-BLĐTBXH shall be implemented according to the regulations of the Ministry of Labor, Invalids, and Social Affairs (now the Ministry of Home Affairs) on issuing lists of arduous, toxic, and dangerous occupations and work, and particularly arduous, toxic, and dangerous occupations and work;

2. Conversion of time of service for specific cases:

a) In cases where within the same period of service, if officers meet two or more conditions stipulated in points a, b, c of Clause 1 of this Article, they shall only enjoy the highest conversion rate. In cases where the time of service has the same conversion rate but is not continuous, it shall be accumulated before conversion;

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

Time of service in areas previously defined with a special allowance of 100% or a regional allowance factor of 0.7 or higher, which later have their special allowance reduced below 100% or their regional allowance below a factor of 0.7, shall be calculated as converted time for calculating the allowance up to the date the competent authority issues the new regulation;

c) Time of service in occupations or work that were not classified previously but later classified as arduous, toxic, and dangerous (Class IV) or higher shall be calculated from the start of engaging in such occupation or work as arduous, toxic, and dangerous (Class IV) or higher for conversion to calculate the allowance;

Time of service in occupations or work that were previously classified as lower but later reclassified as higher shall be calculated from the start of engaging in such occupation or work as the higher classification for conversion to calculate the allowance.

The time spent working in a profession or job that was previously classified at a higher level, then subsequently reclassified at a lower level, shall be calculated according to the higher classification from the date of commencing work in that profession or job until the day immediately preceding the effective date of the new regulations, and thereafter calculated according to the lower classification from the date the new regulations become effective for the purpose of converting service time.

3. The additional time resulting from the conversion mentioned above shall be considered for the one-time allowance benefit at a rate of one month's current salary for each year added due to the conversion.

Example 7: Comrade Dò Xuân Quỳnh, Major (salary coefficient 5.0), worked on the Spratly Islands from May 2015 to April 2017 and from August 2020 to August 2021 (the converted service time of 1 year equals 1 year 4 months, totaling 3 years 1 month; the additional time due to conversion for the one-time allowance calculation is 1 year). Comrade Quỳnh has a total of 12 years 3 months of military service (counted as 12% seniority), and in December 2024, he transferred to the Department of Internal Affairs of Da Nang City. The monthly social insurance salary at the time of transfer for Comrade Quỳnh is:

Prior to transferring to the Department of Internal Affairs of Da Nang City, Comrade Quỳnh received a one-time allowance benefit due to the converted service time being:

13,104,000 VND x 01 year x 01 month = 13,104,000 VND

Article 9. Funding Assurance

The funding for implementing the allowances prescribed in Decree No. 21/2009/NĐ-CP, Decree No. 52/2025/NĐ-CP, and this Circular shall be guaranteed by the state budget in accordance with the State Budget Law.

Article 10. Method of Implementing Benefits

1. The procedures and formalities for resolving benefits for officers who cease active service; officers who die or retire while on active duty; and officers who transfer to professional soldiers or defense civil servants shall be carried out in accordance with the current regulations of the Ministry of National Defense, with the personnel management agency taking the lead in compiling, reviewing, reporting to the competent authority for decision-making.

2. The authority to issue decisions and分级处理此长文本的翻译任务，首先翻译前10行：

Article 11. Responsibilities of agencies, units, and enterprises

1. The General Political Department directs

a) The Policy and Social Affairs Bureau

To take the lead and coordinate with functional agencies of the Ministry of National Defense to guide and inspect the implementation of policies for officers in agencies and units as stipulated in Decree No. 21/2009/ND-CP, Decree No. 52/2025/ND-CP, and this Circular; to resolve any issues arising during the implementation process.

b) The Cadre Bureau

To take the lead and direct agencies and units to implement the policies stipulated in Decree No. 21/2009/ND-CP, Decree No. 52/2025/ND-CP, and this Circular for the subjects under their management, ensuring strict compliance with regulations;

To take the lead in compiling and reporting to the Head of the General Political Department for review, and submitting to the Central Military Commission Standing Committee and the Head of the Ministry of National Defense for decision on subjects eligible for early retirement benefits, and to inform relevant units for implementation; to regularly inspect and urge implementation, and promptly resolve any issues arising during the implementation process.

2. The General Staff directs the Personnel Directorate

To coordinate with the Cadre Bureau of the General Political Department and related agencies to review cases requesting early retirement due to organizational changes or changes in organizational structure and staffing as stipulated in Decree No. 21/2009/ND-CP, Decree No. 52/2025/ND-CP, and this Circular, ensuring strict compliance with regulations.

3. The Finance Department/Military Ministry

a) Annually, based on plans for officers to leave active service and projected numbers of officers who will die or retire, and the number of officers transferring to professional soldiers or defense civil servants, they are responsible for preparing the budget to ensure the implementation of policies for the subjects stipulated in Decree No. 21/2009/ND-CP, Decree No. 52/2025/ND-CP, and this Circular, and report to the Head of the Ministry of National Defense to request the Ministry of Finance to allocate funds according to regulations.

b) To take the lead and coordinate with functional agencies within the Ministry of National Defense to guide agencies and units in preparing budgets and settling accounts for expenses related to implementing policies for the subjects stipulated in Decree No. 21/2009/ND-CP, Decree No. 52/2025/ND-CP, and this Circular.

c) To participate in reviewing eligible subjects; to direct, inspect, and resolve any issues arising during the implementation of policies.

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

a) To direct subordinate agencies and units to strictly and seriously implement Decree No. 21/2009/ND-CP, Decree No. 52/2025/ND-CP, and this Circular.

b) To direct personnel management agencies to thoroughly review each case of subjects eligible for policy resolution according to regulations, report to the competent authority for consideration and decision, and the party committee, commanders, political commissars, political instructors, and heads of agencies and units at all levels shall be fully responsible before the law and the Minister of National Defense for resolved cases; to prevent corruption and abuse of policy or improper resolutions.

c) Annually, agencies and units must prepare budget estimates and report as required. To regularly monitor and manage situations strictly; to proactively address and resolve any issues arising from the grassroots level within their authority, without shifting responsibility upwards; to promptly report any issues exceeding their authority to the Ministry of National Defense for consideration and resolution.

Article 12. Effective Date

1. This Circular takes effect from May 6, 2025.

2. The policies and measures guided by this Circular shall be implemented from December 1, 2024. Specifically, the one-time allowance for officers retiring early at the highest age limit according to rank shall be implemented from December 1, 2024.

3. Repeal Clause 3, Article 7 of Circular No. 162/2017/TT-BQP dated July 10, 2017, issued by the Minister of National Defense to guide the implementation of certain provisions of Decree No. 151/2016/NĐ-CP dated November 11, 2016, of the Government detailing and guiding the implementation of certain provisions regarding the regime and policies under the Law on Professional Military Personnel, Workers, and Civil Servants of National Defense.

4. In cases where the referenced documents in this Circular are amended, supplemented, or replaced by other documents, the content of the references shall be implemented according to the new documents.

5. In cases where officers meet the conditions for retiring early or being discharged as stipulated in Articles 2 and 5 of Decree No. 21/2009/NĐ-CP, amended and supplemented in Clause 1 and Clause 4 of Article 1 of Decree No. 52/2025/NĐ-CP, and guided in Articles 4 and 6 of this Circular, and at the same time fall within the scope of application of the provisions of Decree No. 178/2024/NĐ-CP dated December 31, 2024, of the Government on policies and regimes for cadres, civil servants, public officials, workers, and armed forces in implementing organizational restructuring of the political system, amended and supplemented by some articles in Decree No. 67/2025/NĐ-CP dated March 15, 2025, of the Government and guidance documents of the Ministry of National Defense, they shall only enjoy the highest policy and regime.

Article 13. Transitional Provisions

1. Officers who have received a retirement decision (pre-retirement leave) before the age limit from the competent authority before December 1, 2024, and receive pension after December 1, 2024, shall implement the highest age limit for service and related regime and policy guidelines according to Joint Circular No. 36/2009/TTLT-BQP-BNV-BLĐTBXH-BTC. In cases where there is a decision for retirement (pre-retirement leave) before the age limit from the competent authority from December 1, 2024, until the date this Circular takes effect, the highest age limit for service and related regime and policy guidelines shall be implemented according to this Circular.

2. Reserve officers called up for active service as stipulated in Clause 2, Article 25 of Decree No. 78/2020/NĐ-CP dated July 6, 2020, of the Government on reserve officers of the Vietnam People's Army, upon completion of their active service period, shall be granted allowances as prescribed for active-duty officers under Decree No. 21/2009/NĐ-CP, Decree No. 52/2025/NĐ-CP, and this Circular. The working time for calculating allowance benefits is the actual working time in the military.

Article 14. Responsibility for Implementation

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

2. During the implementation process, if there are difficulties, agencies, units, and enterprises shall report to the Ministry of National Defense (through the Cadre Bureau and Policy-Social Affairs Bureau of the General Political Department) for examination and resolution.