Consolidated Document number 45/VBHN-BQP Decree on the implementation of retirement benefits for military personnel directly participating in the resistance against the United States to save the country from April 30, 1975, who have served at least 20 years and have been discharged or retired.

DECREE

Regarding the implementation of retirement benefits for military personnel who directly participated in the resistance war against America to save the country from before April 30, 1975, having served 20 years or more in the Army and have been demobilized or discharged.
Decree No. 159/2006/NĐ-CP dated December 28, 2006 of the Government on the implementation of retirement benefits for military personnel who directly participated in the resistance war against America to save the country from before April 30, 1975, having served 20 years or more in the Army and have been demobilized or discharged, took effect from January 16, 2007, was amended and supplemented by:
year or more having served in the military and discharged

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Decree No. 11/2011/NĐ-CP dated January 30, 2011 of the Government amending and supplementing some articles of Decree No. 159/2006/NĐ-CP dated December 28, 2006 of the Government on the implementation of retirement benefits for military personnel who directly participated in the resistance war against America to save the country from before April 30, 1975, having served 20 years or more in the Army and have been demobilized or discharged, took effect from April 1, 2011;

Decree No. 209/2025/NĐ-CP dated July 21, 2025 of the Government amending and supplementing some articles of 11 Decrees of the Government under the management of the Ministry of National Defense, took effect from July 21, 2025.

Decree No. 209/2025/NĐ-CP dated July 21, 2025, amending and supplementing certain Articles of 11 Decrees of the Government under the management of the Ministry of National Defense, to take effect from July 21, 2025.

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Upon the proposal of the Minister of National Defense,¹

DECREE:

Article 1. This Decree stipulates the implementation of monthly retirement benefits for military personnel who directly participated in the resistance war against America to save the country from before April 30, 1975, having served 20 years or more in the Army and have been demobilized or discharged.

Article 2²

1. The subjects entitled to implement the monthly retirement benefits prescribed in Article 1 of this Decree are military personnel enlisted before April 30, 1975, having served 20 years or more in the Army, currently not receiving retirement benefits, disability benefits, or monthly veteran benefits, and fall into one of the following cases:

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

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

c) Military personnel transferred to other sectors or converted to civil servants in national defense and then terminated their employment before January 1, 1995; those who had transfer decisions made before April 1, 2000 but were unable to implement them, or military personnel who returned to their hometowns without having their demobilization or discharge benefits resolved;

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

2. Subjects not covered

Subjects prescribed in Clause 1 of this Article shall not be entitled to the benefits prescribed in this Decree if they fall into one of the following cases:

a) Desertion, surrender, betrayal, or recruitment;

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

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

Article 3

1. The monthly pension is calculated based on the actual years of service (considered as social insurance contributions) and the average monthly salary used as the basis for social insurance contributions as follows: 15 years or more is calculated at 45% of the average monthly salary used as the basis for social insurance contributions; thereafter, each additional year of social insurance contribution adds 3% for women and 2% for men. The maximum monthly pension is 75% of the average monthly salary used as the basis for social insurance contributions.

In the case of subjects entitled to subsistence allowance (non-commissioned officers, soldiers), the monthly pension is calculated based on the minimum wage prescribed by the Government.

2. The method of calculating the average monthly salary used as the basis for calculating the monthly pension is to calculate the average of the monthly salaries used as the basis for social insurance contributions in the last five years before demobilization, discharge, or transfer to a rehabilitation center for war invalids under the Ministry of Labor, Invalids, and Social Affairs.

3. The monthly salary used as the basis for social insurance contributions includes rank pay, grade pay, and seniority and position allowances (if any) converted into corresponding salary coefficients as prescribed in Decree No. 25/CP dated May 23, 1993 of the Government; the minimum wage for calculating the pension is 290,000 VND.

4. The pension of the subjects prescribed in this Decree is calculated like those retiring before October 1, 2004, and adjusted like those receiving monthly pensions before October 1, 2004, according to the provisions of the Government in Decrees No. 208/2004/NĐ-CP dated December 14, 2004, Decree No. 117/2005/NĐ-CP dated September 15, 2005, Decree No. 118/2005/NĐ-CP dated September 15, 2005, Decree No. 93/2006/NĐ-CP dated September 7, 2006, and Decree No. 94/2006/NĐ-CP dated September 7, 2006.

Article 4

1. Military personnel enjoying the retirement benefits prescribed in this Decree are entitled to health insurance benefits; upon death, the person responsible for burial receives funeral assistance, and dependents receive monthly or lump-sum survivor benefits and other policies as those receiving pensions according to the laws on social insurance.

2.³ Military personnel meeting the conditions for monthly retirement benefits as prescribed in point a clause 1 Article 2 of this Decree died before January 1, 2007, and in point c, point d clause 1 Article 2 of this Decree died before April 1, 2011, then the main dependents are entitled to a one-time benefit of 3,600,000 VND.

Article 5

1. The subjects prescribed in clause 1 Article 2 of this Decree are responsible for presenting original demobilization, discharge, war invalid, and related documents to the Provincial Military Command (directly under the Central Government) for review. If the subject's file lacks sufficient legal grounds to establish a file for retirement benefits, the relevant state agency must confirm in writing and bear legal responsibility for such confirmations.

2. The Provincial Military Command (directly under the Central Government) receives, establishes files, and reviews the eligibility for retirement benefits for the subjects prescribed in clause 1 Article 2 of this Decree and transfers them to the Military Social Insurance.

3. The Military Social Insurance is responsible for reviewing and issuing decisions on retirement benefits, transferring them to the Vietnam Social Security for implementation.

Article 6. The funding source for implementing the retirement system stipulated in this Decree shall be guaranteed by the state budget.

, Clause 1, Clause 2 Article 7a of this Regulation.

1. The Ministry of National Defense shall take the lead and coordinate with the Ministry of Public Security.⁴, The Ministry of Finance shall be responsible for guiding the implementation of this Decree.

2. The Ministry of Finance shall be responsible for allocating annual funds in accordance with the State Budget Law to implement the provisions set forth in this Decree.

3. The Vietnam Social Security shall be responsible for receiving and disbursing pensions for the subjects as prescribed.

Article 7a⁵

1. People's Police who directly participated in the anti-American war to save the country from April 30, 1975, or earlier, have served for twenty years or more in the police force, including time serving in the military before transferring to the police, and are currently not entitled to retirement benefits, disability benefits, or monthly veteran benefits under Article 3 and the provisions of Clause 1, Article 4 of this Decree, if they fall into one of the following cases:

a) Discharged or retired before April 1, 2000;

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

c) People's Police who transferred to another profession or were transferred to become civil servants in the police and then resigned before January 1, 1995; had a decision to transfer profession before April 1, 2000 but could not implement it or the People's Police returned to their hometowns without having their discharge or resignation procedures resolved;

d) People's Police who were discharged or resigned and went to work in international cooperation labor or were dispatched to work in international cooperation labor and returned home before April 1, 2000.

2. In the case of People's Police specified in point a, point c, and point d of Clause 1 of this Article who passed away before April 1, 2011, their main dependents shall be entitled to a one-time benefit of VND 3,600,000.

3. Subjects specified in Article 1 of this Decree shall not be entitled to the benefits prescribed in this Decree if they fall into one of the cases prescribed in Clause 2, Article 2 of this Decree.

Article 8.⁶ This Decree shall take effect fifteen days after its publication in the Official Gazette.

a)⁷ Military personnel specified at point a, point b of Clause 1 of Article 2 of this Decree shall be entitled to monthly retirement benefits starting from January 1, 2007.

b)⁸ Military personnel specified at point c, point d of Clause 1 of Article 2 and People's Police specified at Clause 1 of Article 7a of this Decree shall be entitled to monthly retirement benefits starting from May 1, 2010.

Article 9. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.

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¹ Decision No. 11/2011/NĐ-CP amending and supplementing some articles of Decision No. 159/2006/NĐ-CP dated December 28, 2006 of the Government on the implementation of retirement benefits for military personnel who directly participated in the anti-American war to save the country from April 30, 1975, or earlier, who have served for twenty years or more in the military and have been retired or discharged, is based on the following grounds:

"Pursuant to the Law on the Organization of the Government dated December 25, 2001;"

Considering the proposal of the Minister of National Defense, the Minister of Public Security,

Decision No. 209/2025/NĐ-CP amending and supplementing some articles of eleven Decrees of the Government within the scope of management of the Ministry of National Defense is based on the following grounds:

"Pursuant to the Law on the Organization of the Government dated February 18, 2025;"

Pursuant to the Law amending and supplementing some articles of eleven laws on military affairs and national defense dated June 21, 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;

Pursuant to 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 some articles of eleven Decrees of the Government within the scope of management of the Ministry of National Defense".

² This provision has been amended and supplemented pursuant to Clause 1, Article 1 of Decree No. 11/2011/ND-CP amending and supplementing certain provisions of Decree No. 159/2006/ND-CP dated December 28, 2006 of the Government on the implementation of retirement benefits for military personnel directly participating in the resistance war against America to save the country from April 30, 1975 onwards who have served in the army for 20 years or more and have been discharged or demobilized, which took effect from April 1, 2011.

³ This clause has been amended and supplemented pursuant to Clause 2, Article 1 of Decree No. 11/2011/ND-CP amending and supplementing certain provisions of Decree No. 159/2006/ND-CP dated December 28, 2006 of the Government on the implementation of retirement benefits for military personnel directly participating in the resistance war against America to save the country from April 30, 1975 onwards who have served in the army for 20 years or more and have been discharged or demobilized, which took effect from April 1, 2011.

⁴ The phrase "Ministry of Labor - Invalids and Social Affairs" shall be replaced by the phrase "Ministry of Interior" pursuant to Point a, Clause 2, Article 5 of Decree No. 209/2025/ND-CP amending and supplementing certain provisions of 11 Decrees of the Government under the domain of state management of the Ministry of National Defense, which took effect from July 21, 2025.

⁵ This provision has been added pursuant to Clause 3, Article 1 of Decree No. 11/2011/ND-CP amending and supplementing certain provisions of Decree No. 159/2006/ND-CP dated December 28, 2006 of the Government on the implementation of retirement benefits for military personnel directly participating in the resistance war against America to save the country from April 30, 1975 onwards who have served in the army for 20 years or more and have been discharged or demobilized, which took effect from April 1, 2011.

⁶ Articles 2 and 3 of Decree No. 11/2011/ND-CP amending and supplementing certain provisions of Decree No. 159/2006/ND-CP dated December 28, 2006 of the Government on the implementation of retirement benefits for military personnel directly participating in the resistance war against America to save the country from April 30, 1975 onwards who have served in the army for 20 years or more and have been discharged or demobilized, which took effect from April 1, 2011, are stipulated as follows:

Article 2. Effective Date

This Decree takes effect from April 1, 2011.

Article 3. Responsibility for Implementation

1. The Ministry of National Defense, the Ministry of Interior, and the Ministry of Finance shall issue Circulars jointly guiding the implementation of the regime for the subjects specified in Clause 1, Article 1 of this Decree.

2. The Ministry of Public Security, the Ministry of Interior, and the Ministry of Finance shall issue Circulars jointly guiding the implementation of the regime for the subjects specified in Clause 3, Article 1 of this Decree.

3. The Ministers, Heads of Ministries equivalent to Ministries, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities shall be responsible for implementing this Decree.”

Articles 5 and 6 of Decree No. 209/2025/ND-CP amending and supplementing certain provisions of 11 Decrees of the Government under the domain of state management of the Ministry of National Defense, which took effect from July 21, 2025, are stipulated as follows:

"Article 5. Effectiveness of Implementation

1. This Decree takes effect from July 21, 2025.

2. Replacing and abolishing certain phrases

a) Replace the phrase "Ministry of Labor - Invalids and Social Affairs" with the phrase "Ministry of Interior" at Clause 1, Article 7 of Decree No. 159/2006/ND-CP dated December 28, 2006 of the Government on the implementation of retirement benefits for military personnel directly participating in the resistance war against America to save the country from April 30, 1975 onwards who have served in the army for 20 years or more and have been discharged or demobilized; Clause 1 and Clause 2, Article 3 of Decree No. 11/2011/ND-CP dated January 30, 2011 of the Government amending and supplementing certain provisions of Decree No. 159/2006/ND-CP dated December 28, 2006 of the Government on the implementation of retirement benefits for military personnel directly participating in the resistance war against America to save the country from April 30, 1975 onwards who have served in the army for 20 years or more and have been discharged or demobilized;

b) Replace the phrase "Social Insurance Department of the Ministry of National Defense" with the phrase "Military Social Insurance" at Clause 2 and Clause 3, Article 5 of Decree No. 21/2009/ND-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 died or passed away; officers in active service transferring to professional soldiers or defense civil servants amended and supplemented at Point b, Clause 4, Article 1 of Decree No. 52/2025/ND-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/ND-CP dated February 22, 2022 of the Government providing measures to implement the regime and policies for professional soldiers, defense workers and civil servants, defense workers and civil servants ceasing work according to the Law on Professional Soldiers, Defense Workers and Civil Servants.

c) Abolishing and replacing certain phrases:

Abolish the phrase "Minister of Labor - Invalids and Social Affairs" at Clause 3, Article 26 of Decree No. 32/2013/ND-CP dated April 16, 2013 of the Government detailing and guiding the implementation of certain articles of the Law on Cryptographic Services regarding the regime and policies for cryptographic staff.

Replace the phrase "Cryptographic Service at the district level" with the phrase "Cryptographic Service at the commune level" in Table 3: Standards for the area of some public buildings and other auxiliary facilities in camps in the Catalogue No. 03 Standards for the area of collective living, working, and public activities and some auxiliary facilities in camps issued together with Decree No. 32/2013/ND-CP.

Replace the phrase "Cryptographic Service at the district level and equivalent" with the phrase "Cryptographic Service at the commune level" in Table 13: Standards for equipment in the Cryptographic Service at the district level in the Catalogue No. 04 Standards for equipment issued together with Decree No. 32/2013/ND-CP.

Replace the phrase "Cryptographic Service at the district level and equivalent" with the phrase "Cryptographic Service at the commune level" in Table 14: Standards for equipment in the Telecommunications Service in the Catalogue No. 04 Standards for equipment issued together with Decree No. 32/2013/ND-CP.

d) Replacing certain phrases as follows:

Replace the phrase “Department of Labor, Invalids and Social Affairs” with the phrase “Civil Service Department” in Clause 2, Article 8 of Decree No. 27/2016/NĐ-CP dated April 6, 2016 of the Government stipulating certain benefits and policies for non-commissioned officers, soldiers serving on active duty, discharged soldiers, and relatives of non-commissioned officers and soldiers on active duty.

Replace the phrase “Social Insurance at the local level” with the phrase “Provincial Social Insurance (Regional Social Insurance)” in Clause 3, Article 8 of Decree No. 27/2016/NĐ-CP.

In cases where the forms of documents that are part of the administrative procedure files have been received by agencies, units, and localities from policy beneficiaries before this Decree takes effect and have not yet been processed, they shall continue to be processed according to 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, and Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree.

⁷ This point was added pursuant to Clause 4, Article 1 of Decree No. 11/2011/NĐ-CP amending and supplementing certain articles of Decree No. 159/2006/NĐ-CP dated December 28, 2006 of the Government regarding the implementation of retirement benefits for military personnel directly participating in the resistance war against the United States to save the country from April 30, 1975 onwards who have served 20 years or more in the Army and have been demobilized or discharged, which took effect from April 1, 2011.

⁸ This point was added pursuant to Clause 4, Article 1 of Decree No. 11/2011/NĐ-CP amending and supplementing certain articles of Decree No. 159/2006/NĐ-CP dated December 28, 2006 of the Government regarding the implementation of retirement benefits for military personnel directly participating in the resistance war against the United States to save the country from April 30, 1975 onwards who have served 20 years or more in the Army and have been demobilized or discharged, which took effect from April 1, 2011.