Decision No. 38/2010/QĐ-TTg on amending and supplementing Decision No. 142/2008/QĐ-TTg dated October 27, 2008 of the Government on the regime for military personnel participating in the resistance war against America to save the country who have less than 20 years of service in the military and have been retired or discharged back to their home province.

Clause 4 of Article 61. Implementing regulations for military personnel who participated in the resistance war against America to save the country, enlisted before April 30, 1975, who have been demobilized and discharged back to their home provinces, and subsequently worked at communes, wards, towns:

a) Those persons with less than 20 years of service in the military, who subsequently worked at communes, wards, towns, have retired and are currently receiving monthly allowances or retirement benefits, shall be entitled to a one-time allowance;

b) Those persons with from 15 to less than 20 years of service in the military, currently working at communes, wards, towns and receiving salaries from the state budget and participating in mandatory social insurance, if they meet the conditions to receive retirement benefits according to Decree No. 152/2006/NĐ-CP dated December 22, 2006 of the Government guiding the implementation of certain provisions of the Social Insurance Law on mandatory social insurance, shall be entitled to a one-time allowance; if they do not meet the conditions to receive retirement benefits as stipulated in the aforementioned Decree, they shall be entitled to monthly allowances;

2. Add Article 2a after Article 2 as follows:

c) Those persons with less than 15 years of service in the military, currently working at communes, wards, towns and receiving salaries from the state budget and participating in mandatory social insurance, shall be entitled to a one-time allowance.

b) The monthly allowance for the subjects specified in Point b Clause 1 of this Article shall be implemented according to the provisions of Article 2 of Decision No. 142/2008/QĐ-TTg.”

a) Persons who have worked for less than 20 years in the military, then worked at communes, wards, towns and have retired, receiving monthly allowances or retirement benefits, shall be entitled to a one-time allowance;

b) Persons who have worked for from 15 to less than 20 years in the military, currently working at communes, wards, towns and receiving salaries from the state budget, participating in mandatory social insurance, if they meet the conditions to receive retirement benefits as prescribed in Decree No. 152/2006/NĐ-CP dated December 22, 2006 of the Government guiding the implementation of certain provisions of the Law on Social Insurance regarding mandatory social insurance, shall be entitled to a one-time allowance; if they do not meet the conditions to receive retirement benefits as prescribed in the aforementioned Decree, they shall be entitled to monthly allowances;

c) Persons who have worked for less than 15 years in the military, currently working at communes, wards, towns and receiving salaries from the state budget, participating in mandatory social insurance, shall be entitled to a one-time allowance.

2. The level of entitlement to the regime is as follows:

a) The one-time subsistence allowance for the subjects specified in points a, b, and c of Clause 1 of this Article shall be implemented according to the provisions of Article 3 of Decision No. 142/2008/QD-TTg;

b) The monthly allowance regime for the subjects specified in point b, Clause 1 of this Article shall be implemented in accordance with Article 2 of Decision No. 142/2008/QĐ-TTg.”

12/2025/TT-BNNMT dated June 19, 2025 issued by the Minister of Agriculture and EnvironmentThis Decision shall take effect from July 1, 2010.

Article 3. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under the direct jurisdiction of the central government shall be responsible for implementing this Decision./.