Decree number 52/2025/NĐ-CP amending and supplementing some articles of Decree number 21/2009/NĐ-CP on the system and policies for officers of the Vietnam People's Army. The main content includes replacing the phrase 'Social Insurance of the Ministry of National Defense' with 'Military Social Insurance', implementing the systems and policies from December 1, 2024, and abolishing Circular Joint Circular number 36/2009/TTLT-BQP-BNV-BLDTBXH-BTC. The Decree takes effect from March 1, 2025.
适用范围
Officers of the Vietnam People's Army, agencies and units under the Ministry of National Defense, and related organizations.
要点
- Replace the phrase 'Social Insurance of the Ministry of National Defense' with 'Military Social Insurance'.
- The systems and policies are implemented from December 1, 2024.
- Joint Circular number 36/2009/TTLT-BQP-BNV-BLDTBXH-BTC ceases to be effective from December 1, 2024.
- The Decree takes effect from March 1, 2025.
- The seniority allowance system after the salary retention period (18 months) for officers transferring to work at agencies and organizations receiving state budget salaries shall be implemented until the Government issues new regulatory legal documents on salary policy reform.
🌐 本文件的社会影响
- Ensure the systems and policies for officers of the Vietnam People's Army.
- Improve the effectiveness of management and implementation of systems and policies related to military personnel.
- Strengthen coordination between the Ministry of National Defense and relevant agencies in implementing systems and policies for military personnel.
❓ 常见问题
When does Decree number 52/2025/NĐ-CP take effect?
The Decree takes effect from March 1, 2025.
When are the systems and policies stipulated in this Decree implemented?
The systems and policies stipulated in this Decree are implemented from December 1, 2024.
全文
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| SOCIALIST REPUBLIC OF VIET NAM |
DECREE
Detailed regulations and guidance on implementing certain provisions of the Law on Officers of the Vietnam People's Army regarding the regime and policies for officers retiring from active service; officers on active duty who die or pass away; officers on active duty transferring to professional military personnel or defense civil servants.
Decree No. 21/2009/NĐ-CP dated February 23, 2009, of the Government provides detailed regulations and guidance on implementing certain provisions of the Law on Officers of the Vietnam People's Army regarding the regime and policies for officers retiring from active service; officers on active duty who die or pass away; officers on active duty transferring to professional military personnel or defense civil servants, which took effect from April 10, 2009; amended and supplemented by:
1. Decree No. 52/2025/NĐ-CP dated March 1, 2025, of the Government amends and supplements certain provisions of Decree No. 21/2009/NĐ-CP dated February 23, 2009, of the Government providing detailed regulations and guidance on implementing certain provisions of the Law on Officers of the Vietnam People's Army regarding the regime and policies for officers retiring from active service; officers on active duty who die or pass away; officers on active duty transferring to professional military personnel or defense civil servants, which took effect from March 1, 2025.
2. Decree No. 209/2025/NĐ-CP dated July 21, 2025, of the Government amends and supplements certain provisions of eleven decrees of the Government under the management of the Ministry of National Defense, which took effect from July 21, 2025.
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Based on the Law on Officers of the Vietnam People's Army dated December 21, 1999; the Law Amending and Supplementing Certain Provisions of the Law on Officers of the Vietnam People's Army dated June 3, 2008;
This Decree provides detailed regulations and guidance on the regime and policies for officers retiring, changing careers, demobilizing, retiring under the war invalids' regime; officers on active duty who die or pass away; officers on active duty transferring to professional military personnel or defense civil servants; converting time periods to enjoy one-time allowances as stipulated in Articles 34 and 36 of the Law on Officers of the Vietnam People's Army dated December 21, 1999, and Paragraphs 11 and 12 of Article 1 of the Law Amending and Supplementing Certain Provisions of the Law on Officers of the Vietnam People's Army dated June 3, 2008 (hereinafter referred to collectively as the Law on Officers of the Vietnam People's Army).
Article 2. Regime and policies for officers retiring
Pursuant to the Law on Organization of the Government dated December 25, 2001;
1. Officers retiring as provided in Article 36, point a, Clause 1, Article 37 of the Law on Officers of the Vietnam People's Army shall enjoy social insurance benefits according to current laws on social insurance.
Considering the proposal of the Minister of National Defense,1
Article 1. Scope of Regulation and Applicability
2. The one-time allowance regime for officers retiring before the highest age limit specified by rank as provided in Clause 1, Article 13 of the Law on Officers of the Vietnam People's Army is specifically as follows:
a) The subjects eligible to receive the one-time allowance include:
- 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:
- Receiving three months' salary for each year retired before the age limit;2;
- 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.
3.3 An officer who receives a decision to retire, if having been promoted in rank and received a pay increase for two-thirds or more of the time period and evaluated at least as meeting the performance requirements, shall be eligible for promotion in rank and pay increase (except in cases of promotion to general rank).
Article 3. Treatment and policies for officers transferring to other fields
1. Officers transferring to other fields who are recruited to work at state agencies, public institutions, political organizations, and socio-political organizations funded from the state budget (hereinafter referred to collectively as agencies or units) shall enjoy the following benefits:
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) 4 Priority in adding points to examination results for civil servants and public officials in accordance with laws on cadres, civil servants, and public officials at the time of the examination;
d) 5 Officers shall be classified and receive salaries based on their new positions, jobs, and ranks from the date the decision on transferring to another field takes effect. In cases where the salary group, grade, or level assigned is lower than the salary according to military rank enjoyed at the time of specialization, the salary, seniority allowance, and social insurance contribution-payment system at the time of transferring to another field will be maintained for a period of 18 months, starting from the effective date of the decision on specialization, and paid by the new agency or unit. The continuation of maintaining the salary beyond the 18-month period shall be decided by the head of the agency authorized to manage cadres, civil servants, and public officials, in accordance with internal salary relationships. During the maintenance period, the difference in the retained salary decreases correspondingly when cadres, civil servants, and public officials receive salary increases or seniority allowances exceeding the framework within the grade or receive grade promotions; if a salary increase results in a higher salary than at the time of transferring to another field, the new salary shall be enjoyed. After the salary maintenance period, the seniority allowance at the time of transferring to another field continues to be enjoyed or is carried over to calculate the seniority allowance in sectors that provide seniority allowances;
đ)6 Officers who have transferred to another field and meet the conditions for retirement, if the average monthly salary used as the basis for calculating the retirement pension according to social insurance laws at the time of retirement is lower than the average monthly salary at the time of transferring to another field, then the average monthly salary at the time of transferring to another field shall be taken as the basis, converted according to the salary system applicable at the time of retirement to calculate the retirement pension;
e)7 Officers who have transferred to another field and do not meet the conditions for retirement but cease employment, in addition to enjoying social insurance benefits as prescribed, shall be provided with severance pay by the agency or unit funded from the state budget managing and using cadres, civil servants, and public officials at the time of ceasing employment; wherein: for each year of service in the Military, severance pay equals one month's salary of the last month before transferring to another field, converted according to the salary system applicable at the time of ceasing employment to calculate severance pay; the period of service at agencies or units funded from the state budget and severance pay shall be implemented in accordance with labor laws and laws on cadres, civil servants, and public officials at the time of ceasing employment;
g)8 For cases where officers transfer to work at agencies or units funded from the state budget, with service time in the Military recognized as warrant officer by authorized bodies, upon retirement, the salary coefficient serving as the basis for calculating the average monthly salary for calculating the retirement pension for the warrant officer period shall be converted to 3.90;
2.9 Officers who transfer to work at agencies or units funded from the state budget and subsequently transfer to agencies or units not funded from the state budget, upon retirement, shall be entitled to additional seniority allowances for the time served in the Military and the military rank immediately prior to transferring to another field, converted according to the salary system applicable at the time of retirement when calculating the average monthly salary for social insurance contributions for the period of service under the state-prescribed salary system to serve as the basis for calculating the retirement pension for officers;
3.10 Officers who have transferred to another field but are required by mission needs and authorized to return to serve in the Military, shall be assigned new positions suitable to their needs and capabilities; the time spent working at agencies or units funded from the state budget during the transfer period shall be counted towards continuous service time for salary increments, rank promotions, and seniority calculation.
Article 4. Treatment and policies for officers transferring to work at agencies, units, enterprises not funded from the state budget11
1. The time already contributed to social insurance shall be preserved in accordance with current laws on social insurance.
2. They shall be entitled to a one-time allowance, equivalent to one month's salary of the last month before transferring, for each year of service, paid by the agency, unit, enterprise under the Ministry of National Defense managing the officer prior to the transfer.
3. Officers who have transferred and meet the conditions for retirement benefits shall implement social insurance regimes according to current laws on social insurance but shall not apply the average monthly salary contribution method for calculating retirement benefits as stipulated in Point d Clause 1 Article 3 Decree No. 21/2009/NĐ-CP, amended and supplemented in Point c Clause 2 Article 1 of this Decree.
Article 5. Treatment and policies for retired officers
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) 12 A one-time job creation allowance equal to six months' basic salary as prescribed by the Government; priority in vocational training or job introduction by organizations providing job placement services of ministries, sectors, mass organizations, localities, and other economic-social 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.
2.13 Officers who are discharged back to their place of origin within one year from the effective date of the discharge decision, if recruited to work at agencies, units funded from the state budget, shall implement the transfer regime as stipulated in Clause 1 Article 3 Decree No. 21/2009/NĐ-CP, amended and supplemented in some clauses in Clause 2 Article 1 of this Decree, while having to return the one-time discharge allowance stipulated in Point b Clause 1 Article 5 Decree No. 21/2009/NĐ-CP and the one-time social insurance allowance received according to the laws on social insurance. The head of the agency, unit, enterprise where the officer worked before discharge shall direct the recovery of the discharge decision and these allowances; issue a decision or report to the competent authority to issue a transfer decision; remit the recovered allowances into the state budget and the dedicated account of the Military Social Insurance; complete the application for confirmation and preservation of the previous social insurance contribution period according to regulations.14; complete the application file for Military Social Insurance15 confirmed, implement the preservation of the previous social insurance contribution period according to regulations.
3.16 Officers who are discharged back to their place of origin within one year from the effective date of the discharge decision, if recruited to work at agencies, units, enterprises not funded from the state budget and wish to preserve their social insurance contribution period, must return the one-time social insurance allowance received according to the laws on social insurance. The head of the agency, unit, enterprise where the officer worked before discharge shall direct the recovery of the one-time social insurance allowance and deposit it into the dedicated account of the Military Social Insurance for confirmation, implementing the preservation of the previous social insurance contribution period according to regulations. When they meet the conditions for retirement benefits, they shall not apply the average monthly salary contribution method for calculating retirement benefits as stipulated in Point d Clause 1 Article 3 Decree No. 21/2009/NĐ-CP, amended and supplemented in Point c Clause 2 Article 1 of this Decree.17; complete the application file for Military Social Insurance18 confirm and implement the preservation of the social insurance contribution period prior to that according to regulations. When meeting the conditions for receiving pension, the average monthly salary contribution period for calculating pension as stipulated in Point d Clause 1 Article 3 of Decree No. 21/2009/NĐ-CP, amended and supplemented in Point c Clause 2 Article 1 of this Decree, shall not be applied.
4.19 In cases where the agency, unit, enterprise where the officer worked before discharge has been merged or dissolved, the agency, unit, enterprise after merger or the directly superior agency, unit of the dissolved agency, unit, enterprise shall handle the matter. The time officers spend in discharge status in their place of origin shall not be counted as the working period for social insurance contributions.
Article 6. Treatment and policies for officers retiring under the war invalids regime
Officers who cease active service and retire under the war invalids regime shall enjoy benefits according to the laws on preferential treatment for persons with meritorious services in the revolution and social insurance benefits as prescribed by the 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 active duty die, their dependents shall be entitled to benefits as stipulated by the laws on preferential treatment for persons with meritorious services in the revolution, laws on social insurance, and a one-time allowance, with each year of service being compensated by one month's salary of the officer before death.
2. In case officers serving in active duty pass away, their dependents shall be entitled to benefits as stipulated by the laws on social insurance and a one-time allowance, with each year of service being compensated by 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 active duty who are transferred to professional military personnel or civil servants in national defense as prescribed shall have their salaries classified according to the new placement category suitable with the cadre group and profession; educational level and training; time holding current rank or grade. In cases where the coefficient of the newly assigned salary 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 shall be retained until the salary is increased to the same or higher level.
2.20 Officers serving in active duty who have direct combat experience, served in combat support roles, or worked in difficult areas or professions with special characteristics, when transferring to civil servants in national defense, shall enjoy a one-time allowance as prescribed in Article 9 of Decree No. 21/2009/NĐ-CP, amended in Clause 6, Article 1 of this Decree. In cases where, due to the requirements of the Military, civil servants in national defense revert back to officers, the additional time counted for the one-time allowance due to the conversion mentioned above shall not be recalculated when they cease active service. When officers serving in active duty transferring to civil servants in national defense meet the conditions for retirement pay, if the average monthly salary used as the basis for calculating retirement pay according to the laws on social insurance at the time of retirement is lower than the average monthly salary at the time of transfer to civil servants in national defense, then the calculation of retirement pay shall be implemented as prescribed for officers transferring to work in agencies and units receiving state budget salaries as stipulated in Point d, Clause 1, Article 3 of Decree No. 21/2009/NĐ-CP, amended and supplemented in Point c, Clause 2, Article 1 of this Decree.
Article 9.21 One-time allowance for officers with direct combat experience, served in combat support roles, or worked in difficult areas or professions with special characteristics when ceasing active service or dying, passing away
1. Officers with direct combat experience, served in combat support roles, or worked in areas or professions with special characteristics shall have their service time converted for the purpose of enjoying a one-time allowance when ceasing active service or dying, passing away. Specifically, as follows:22
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;
b) 23 Officers with service time in areas with special allowances at 100% or in professions with special characteristics classified as particularly arduous, toxic, and dangerous labor shall have that time converted at a rate of one year equal to one year four months;
c) 24 Officers with service time in areas with regional allowances from a factor of 0.7 or higher or in professions with special characteristics classified as arduous, toxic, and dangerous labor shall have that time converted at a rate of one year equal to one year two months.
In cases where within the same period of service, officers meet two or three of the aforementioned conditions, they shall be entitled to the highest conversion rate. In cases where the service time mentioned above is not continuous, it shall be accumulated to determine the total time eligible for benefits.
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 salary of the last five years before retirement; the monthly salary for calculating the allowances prescribed in point b, Clause 1, Article 5; Article 7; Clause 2, Article 9 of this Decree shall be calculated based on the current salary and allowances being enjoyed.
3. The total time for calculating one-time allowance benefits is the sum of the time served in the Military and the time worked at agencies or units receiving state budget salaries with social insurance contributions prior to serving in the Military.
When calculating benefits, if there is a fractional month, it will be calculated as follows: less than three months will not be counted; from three months to six months, it will be counted as half (1/2) of the annual benefit rate; from more than six months to less than twelve months, it will be counted as the full annual benefit rate.
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 measures provided for in Clause 1 of this Article, individuals or organizations that falsify or tamper with files may also be subject to disciplinary action, administrative penalties, or criminal prosecution and must compensate for losses (if any) in accordance with the law.
Article 13. Implementation Provisions25
1. This Decree takes effect from April 10, 2009. The benefits and policies prescribed in this Decree will 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 condition for calculating one-time allowance benefits for professional soldiers retiring early is determined correspondingly to officers of the same military rank level, but the maximum age limit is implemented according to Article 7 of Decree No. 18/2007/NĐ-CP dated February 1, 2007 of the Government regarding professional soldiers.
1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.26
1. The Minister of National Defense is responsible for guiding the implementation of Decree No. 21/2009/NĐ-CP and this Decree; regularly reviewing, amending, and supplementing relevant normative legal documents within their authority or proposing competent authorities to amend and supplement such documents to ensure consistent and synchronized implementation of benefits and policies for officers.
2. The Ministry of Home Affairs shall coordinate with the Ministry of National Defense in directing, inspecting, and resolving issues arising during the organization and implementation of salary adjustment, exemption from examination, civil service examination, and other policies for officers as prescribed in Decree No. 21/2009/NĐ-CP and this Decree.
3. Based on the proposal of the Ministry of National Defense, the Ministry of Finance shall take the lead in compiling and submitting to the competent authority for approval the regular budget funds required to implement the policies prescribed in Decree No. 21/2009/NĐ-CP and this Decree in accordance with the State Budget Law; coordinating to resolve any issues arising.
4. Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial and centrally-administered city People's Committees, and related agencies, organizations, and individuals are responsible for implementing Decree No. 21/2009/NĐ-CP and this Decree./.
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1 Decree No. 52/2025/NĐ-CP amending and supplementing some articles of Decree No. 21/2009/NĐ-CP dated February 23, 2009 of the Government detailing and guiding the implementation of certain provisions of the Officer Law of the Vietnam People's Army concerning benefits and policies for officers leaving active service; officers on active duty who die or pass away; officers on active duty transferring to professional soldiers or defense officials, is promulgated based on the following:
"Pursuant to the Law on the Organization of the Government dated February 18, 2025;"
On the basis of the Officer Law of the Vietnam People's Army dated December 21, 1999; the Law Amending and Supplementing Certain Provisions of the Officer Law of the Vietnam People's Army dated June 3, 2008; the Law Amending and Supplementing Certain Provisions of the Officer Law of the Vietnam People's Army dated November 27, 2014; the Law Amending and Supplementing Certain Provisions of the Officer Law of the Vietnam People's Army dated November 28, 2024;
On the basis of the Social Insurance Law dated November 20, 2014; the Social Insurance Law dated June 29, 2024;
"Based on the proposal of the Minister of National Defense;"
The Government promulgates the Decree amending and supplementing certain articles of Decree No. 21/2009/NĐ-CP dated February 23, 2009 of the Government detailing and guiding the implementation of certain provisions of the Officer Law of the Vietnam People's Army concerning benefits and policies for officers leaving active service; officers on active duty who die or pass away; officers on active duty transferring to professional soldiers or defense officials".
Decree No. 209/2025/NĐ-CP amending and supplementing certain articles of 11 Decrees of the Government under the management of the Ministry of National Defense, is promulgated based on the following:
"Pursuant to the Law on the Organization of the Government dated February 18, 2025;"
On the basis of the Law Amending and Supplementing Certain Provisions of 11 Laws on Military and National Defense dated June 27, 2025;
Pursuant to Resolution No. 190/2025/QH15 dated February 19, 2025 of the National Assembly on handling certain issues related to the restructuring of the state apparatus;
On the basis of Resolution No. 76/2025/UBTVQH15 dated April 14, 2025 of the Standing Committee of the National Assembly on the reorganization of administrative units in 2025;
"Based on the proposal of the Minister of National Defense;"
The Government promulgates the Decree amending and supplementing certain articles of 11 Decrees of the Government under the management of the Ministry of National Defense".
2 Paragraph (a) of Clause 2, Article 2, has been amended and supplemented pursuant to Paragraph (a) of Clause 1, Article 1 of Decree No. 52/2025/NĐ-CP 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 retire; officers on active duty who transfer to professional soldiers or defense civil servants, which shall take effect from March 1, 2025.
3 This Clause has been added pursuant to Paragraph (b) of Clause 1, Article 1 of Decree No. 52/2025/NĐ-CP 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 retire; officers on active duty who transfer to professional soldiers or defense civil servants, which shall take effect from March 1, 2025.
4 This Point has been amended pursuant to Paragraph (a) of Clause 2, Article 1 of Decree No. 52/2025/NĐ-CP 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 retire; officers on active duty who transfer to professional soldiers or defense civil servants, which shall take effect from March 1, 2025.
5 This Point has been amended and supplemented pursuant to Paragraph (b) of Clause 2, Article 1 of Decree No. 52/2025/NĐ-CP 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 retire; officers on active duty who transfer to professional soldiers or defense civil servants, which shall take effect from March 1, 2025.
6 This Point has been amended and supplemented pursuant to Paragraph (c) of Clause 2, Article 1 of Decree No. 52/2025/NĐ-CP 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 retire; officers on active duty who transfer to professional soldiers or defense civil servants, which shall take effect from March 1, 2025.
7 This Point has been added pursuant to Paragraph (d) of Clause 2, Article 1 of Decree No. 52/2025/NĐ-CP 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 retire; officers on active duty who transfer to professional soldiers or defense civil servants, which shall take effect from March 1, 2025.
8 This Point has been added pursuant to Paragraph (d) of Clause 2, Article 1 of Decree No. 52/2025/NĐ-CP 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 retire; officers on active duty who transfer to professional soldiers or defense civil servants, which shall take effect from March 1, 2025.
9 This Clause has been amended and supplemented pursuant to Paragraph (đ) of Clause 2, Article 1 of Decree No. 52/2025/NĐ-CP 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 retire; officers on active duty who transfer to professional soldiers or defense civil servants, which shall take effect from March 1, 2025.
10 This Clause has been amended and supplemented pursuant to Paragraph (e) of Clause 2, Article 1 of Decree No. 52/2025/NĐ-CP 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 retire; officers on active duty who transfer to professional soldiers or defense civil servants, which shall take effect from March 1, 2025.
11 This provision is amended and supplemented pursuant to Clause 3, Article 1 of Decree No. 52/2025/NĐ-CP amending and supplementing certain articles 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 retiring from active service; officers on active duty who die or pass away; officers on active duty transferring to professional military personnel or defense civil servants, which takes effect from March 1, 2025.
12 This point is amended pursuant to Point a, Clause 4, Article 1 of Decree No. 52/2025/NĐ-CP amending and supplementing certain articles 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 retiring from active service; officers on active duty who die or pass away; officers on active duty transferring to professional military personnel or defense civil servants, which takes effect from March 1, 2025.
13 This clause is amended pursuant to Point b, Clause 4, Article 1 of Decree No. 52/2025/NĐ-CP amending and supplementing certain articles 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 retiring from active service; officers on active duty who die or pass away; officers on active duty transferring to professional military personnel or defense civil servants, which takes effect from March 1, 2025.
14 The term "Social Insurance Fund of the Ministry of National Defense" is replaced with the term "Military Social Insurance Fund" pursuant to Point b, Clause 2, Article 5 of Decree No. 209/2025/NĐ-CP amending and supplementing certain articles of 11 decrees of the Government under the management of the Ministry of National Defense, which takes effect from July 21, 2025.
15 The term "Social Insurance Fund of the Ministry of National Defense" is replaced with the term "Military Social Insurance Fund" pursuant to Point b, Clause 2, Article 5 of Decree No. 209/2025/NĐ-CP amending and supplementing certain articles of 11 decrees of the Government under the management of the Ministry of National Defense, which takes effect from July 21, 2025.
16 This clause is amended pursuant to Point b, Clause 4, Article 1 of Decree No. 52/2025/NĐ-CP amending and supplementing certain articles 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 retiring from active service; officers on active duty who die or pass away; officers on active duty transferring to professional military personnel or defense civil servants, which takes effect from March 1, 2025.
17 The term "Social Insurance Fund of the Ministry of National Defense" is replaced with the term "Military Social Insurance Fund" pursuant to Point b, Clause 2, Article 5 of Decree No. 209/2025/NĐ-CP amending and supplementing certain articles of 11 decrees of the Government under the management of the Ministry of National Defense, which takes effect from July 21, 2025.
18 The term "Social Insurance Fund of the Ministry of National Defense" is replaced with the term "Military Social Insurance Fund" pursuant to Point b, Clause 2, Article 5 of Decree No. 209/2025/NĐ-CP amending and supplementing certain articles of 11 decrees of the Government under the management of the Ministry of National Defense, which takes effect from July 21, 2025.
19 This clause is added pursuant to Point c, Clause 4, Article 1 of Decree No. 52/2025/NĐ-CP amending and supplementing certain articles 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 retiring from active service; officers on active duty who die or pass away; officers on active duty transferring to professional military personnel or defense civil servants, which takes effect from March 1, 2025.
20 This clause is amended and supplemented pursuant to Clause 5, Article 1 of Decree No. 52/2025/NĐ-CP amending and supplementing certain articles 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 retiring from active service; officers on active duty who die or pass away; officers on active duty transferring to professional military personnel or defense civil servants, which takes effect from March 1, 2025.
21 The name of this Article is amended pursuant to Point a, Clause 6, Article 1 of Decree No. 52/2025/NĐ-CP amending and supplementing certain articles 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 retiring from active service; officers on active duty who die or pass away; officers on active duty transferring to professional military personnel or defense civil servants, which takes effect from March 1, 2025.
22 This paragraph is amended pursuant to Point a, Clause 6, Article 1 of Decree No. 52/2025/NĐ-CP amending and supplementing certain articles 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 retiring from active service; officers on active duty who die or pass away; officers on active duty transferring to professional military personnel or defense civil servants, which takes effect from March 1, 2025.
23 This point is amended pursuant to Point b, Clause 6, Article 1 of Decree No. 52/2025/NĐ-CP amending and supplementing certain articles 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 retiring from active service; officers on active duty who die or pass away; officers on active duty transferring to professional military personnel or defense civil servants, which takes effect from March 1, 2025.
24 This point is amended pursuant to Point b, Clause 6, Article 1 of Decree No. 52/2025/NĐ-CP amending and supplementing certain articles 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 retiring from active service; officers on active duty who die or pass away; officers on active duty transferring to professional military personnel or defense civil servants, which takes effect from March 1, 2025.
25 Article 2 of Decree No. 52/2025/NĐ-CP amending and supplementing certain articles 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 regime and policies for officers who have ceased active service; officers on active duty who have died or passed away; officers on active duty who have transferred to become professional soldiers or defense civil servants, shall take effect from March 1, 2025, is stipulated as follows:
“Article 2. Effective Date
1. This Decree shall take effect from March 1, 2025.
2. The regimes and policies prescribed in this Decree shall be implemented from December 1, 2024.
3. The seniority allowance regime after the period of salary retention (18 months) for officers who transfer to work at agencies and organizations funded by the state budget as prescribed in point b, Clause 2, Article 1 of this Decree shall be implemented until the Government issues a regulatory legal document detailing and guiding the implementation of the new salary system pursuant to Resolution No. 27-NQ/TW dated May 21, 2018 of the Seventh Plenary Session of the Central Committee (the 12th tenure) on salary reform policy for cadres, civil servants, public officials, armed forces personnel, and workers in enterprises.
4. When the referenced documents in this Decree are amended, supplemented, or replaced, the content referenced in this Decree shall also be adjusted and implemented according to the regulatory legal document that amends, supplements, or replaces them.
5. Circular Joint No. 36/2009/TTLT-BQP-BNV-BLĐTBXH-BTC dated July 21, 2009 of the Ministry of National Defense, Ministry of Home Affairs, Ministry of Labor - Invalids and Social Affairs, Ministry of Finance 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 regarding the regime and policies for officers who have ceased active service; officers on active duty who have died or passed away; officers on active duty who have transferred to become professional soldiers or defense civil servants shall cease to be effective from December 1, 2024.
Article 5 and Article 6 of Decree No. 209/2025/NĐ-CP amending and supplementing certain articles of 11 Decrees of the Government under the management of the Ministry of National Defense, shall take effect from July 21, 2025, are stipulated as follows:
"Article 5. Effectiveness
1. This Decree shall take effect from July 21, 2025.
2. Replacing some phrases
a) Replace the phrase “Ministry of Labor - Invalids and Social Affairs” with the phrase “Ministry of Home Affairs” in Clause 1, Article 7 of Decree No. 159/2006/NĐ-CP dated December 28, 2006 of the Government on implementing the retirement regime for military personnel directly participating in the resistance war against America to save the country from April 30, 1975 onwards who have served 20 years or more in the army and have been retired or discharged; Clause 1 and Clause 2, Article 3 of Decree No. 11/2011/NĐ-CP dated January 30, 2011 of the Government amending and supplementing certain articles of Decree No. 159/2006/NĐ-CP dated December 28, 2006 of the Government on implementing the retirement regime for military personnel directly participating in the resistance war against America to save the country from April 30, 1975 onwards who have served 20 years or more in the army and have been retired or discharged;
b) Replace the phrase “Social Insurance Department of the Ministry of National Defense” with the phrase “Military Social Insurance” in Clause 2 and Clause 3, Article 5 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 regime and policies for officers who have ceased active service; officers on active duty who have died or passed away; officers on active duty who have transferred to become professional soldiers or defense civil servants as amended and supplemented in point b, Clause 4, Article 1 of Decree No. 52/2025/NĐ-CP dated March 1, 2025 of the Government; point b, Clause 4, Article 2, point a and point b, Clause 3, Article 3 of Decree No. 19/2022/NĐ-CP dated February 22, 2022 of the Government detailing measures to implement the regime and policies for professional soldiers, defense workers, and public officials transferring to other sectors, defense workers, and public officials ceasing work as prescribed by the Law on Professional Soldiers, Defense Workers, and Public Officials.
c) Abolishing and replacing the following phrases:
Abolish the phrase “Minister of Labor - Invalids and Social Affairs” in Clause 3, Article 26 of Decree No. 32/2013/NĐ-CP dated April 16, 2013 of the Government detailing and guiding the implementation of certain provisions of the Law on Cryptography regarding the regime and policies for people working in cryptography.
Replace the phrase “Cryptography level of district” with the phrase “Cryptography level of commune” in Table 3; Standards for the area of some public facilities and auxiliary works in the camp in List No. 03 Standards for living, working, and public life areas and some auxiliary works in the camp issued together with Decree No. 32/2013/NĐ-CP.
Replace the phrase “Department of Code and Cipher at the district level and equivalent” with the phrase “Cryptography level of commune” in Table 13: Standards for equipment in the Department of Code and Cipher in List No. 04 Standards for equipment issued together with Decree No. 32/2013/NĐ-CP.
Replace the phrase “Cryptography level of district and equivalent” with the phrase “Cryptography level of commune” in Table 14: Standards for equipment in the Telegraph Department in List No. 04 Standards for equipment issued together with Decree No. 32/2013/NĐ-CP.
d) Replacing some phrases:
Replace the phrase “Department of Labor - Invalids and Social Affairs” with the phrase “Department of Home Affairs” in Clause 2, Article 8 of Decree No. 27/2016/NĐ-CP dated April 6, 2016 of the Government detailing some regimes and policies for non-commissioned officers, soldiers serving on active duty, discharged, and relatives of non-commissioned officers and soldiers on active duty.
Replace the phrase “Local Social Insurance” with the phrase “Provincial Social Insurance (Regional Social Insurance)” in Clause 3, Article 8 of Decree No. 27/2016/NĐ-CP.
3. In cases where the sample documents, which are components of the administrative procedure file, have been received by agencies, units, or localities from policy beneficiaries before this Decree takes effect and have not yet been processed, they shall continue to be processed in accordance with the provisions of the law at the time of receipt.
Article 6. Responsibility for Implementation
The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under the central government shall be responsible for implementing this Decree.
26 This provision has been amended and supplemented pursuant to Clause 7, Article 1 of Decree No. 52/2025/NĐ-CP amending and supplementing certain articles of Decree No. 21/2009/NĐ-CP dated February 23, 2009 of the Government detailing and guiding the implementation of certain articles of the Law on Officers of the Vietnam People's Army regarding the regime and policies for officers retiring from active service; officers in active service who die or pass away; officers in active service transferring to professional soldiers or defense civil servants, which shall take effect from March 1, 2025.
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