Consolidated Document number 46/VBHN-BQP stipulates certain benefits for individuals who participated in the war to protect the country, performed international duties in Cambodia, and assisted Laos after April 30, 1975, with at least 20 years of service in the Military or Public Security and have been demobilized, discharged, or retired.

DECREE

Provisions for certain subjects participating
in wars to protect the Fatherland, performing international missions in Cambodia,
assisting Laos after April 30, 1975, who have served for at least 20 years
in the Military or Public Security and have been demobilized, discharged, or retired

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Decree No. 23/2012/NĐ-CP dated April 3, 2012 of the Government stipulates certain provisions for subjects participating in wars to protect the Fatherland, performing international missions in Cambodia, assisting Laos after April 30, 1975, who have served for at least 20 years in the Military or Public Security and have been demobilized, discharged, or retired, which took effect from May 19, 2012, amended and supplemented by:

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

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

At the proposal of the Minister of National Defense, the Minister of Public Security;

The Government promulgates this Decree stipulating certain provisions for subjects participating in wars to protect the Fatherland, performing international missions in Cambodia, assisting Laos (hereinafter referred to collectively as subjects directly participating in wars to protect the Fatherland, performing international missions) after April 30, 1975, who have served for at least 20 years in the military, public security, or cryptographic services and have been demobilized, discharged, or retired.¹

Article 1. Scope of Regulation

This Decree stipulates retirement benefits, one-time allowances, health insurance, funeral expenses for subjects directly participating in wars to protect the Fatherland on the Southwest border, Northern border, performing international missions in Cambodia, assisting Laos (hereinafter referred to collectively as subjects directly participating in wars to protect the Fatherland, performing international missions) after April 30, 1975, who have served for at least 20 years in the military, public security, or cryptographic services and have been demobilized, discharged, or retired.

Article 2. Applicability

1. This Decree applies to officers, professional soldiers, non-commissioned officers, and soldiers belonging to the People's Army (referred to as military personnel); officers, non-commissioned officers, and soldiers belonging to the People's Public Security (referred to as public security personnel); personnel engaged in cryptographic work receiving salaries equivalent to those of military or public security personnel (referred to as cryptographic personnel), conscripted or recruited after April 30, 1975, who have directly participated in wars to protect the Fatherland, performing international missions for at least 20 years in the military, public security, or cryptographic services, and are currently not entitled to retirement benefits, disability benefits, or monthly war veteran benefits, including the following cases:

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

b) War invalids with a labor capacity reduction of 81% or more undergoing rehabilitation at war invalid rehabilitation centers or those who have returned home from such centers;

c) Military personnel, public security personnel, or cryptographic personnel who had decisions to transfer to other sectors before April 1, 2000 but were unable to implement the transfer regulations or were discharged to their hometowns without being processed for demobilization, discharge, or retirement;

d) Military personnel, public security personnel, or cryptographic personnel who have been processed for demobilization, discharge, or retirement and then went abroad for international cooperation labor or were sent abroad for international cooperation labor by their units and were processed for demobilization, discharge, or retirement before April 1, 2000.

2. This Decree does not apply to the following subjects:

a) Subjects who do not meet the conditions specified in Clause 1 of this Article;

b) Subjects currently receiving retirement benefits or working and receiving salaries from the state budget who have joined mandatory social insurance or are currently receiving disability benefits or monthly war veteran benefits;

c) Deserters, surrenders, traitors, or those who responded to recruitment;

d) Those violating the law and serving sentences of imprisonment, life imprisonment, or have been convicted of crimes endangering national security and have not yet had their criminal records expunged; stripped of military titles, public security titles; dismissed;

đ) Those who illegally left the country, are residing illegally abroad, or have been declared missing by a court;

e) Military or public security personnel conscripted or recruited before April 30, 1975;

g) Subjects specified in Clause 1 of this Article who have passed away but have no surviving spouse or children, biological parents, or legally recognized foster parents.

Article 3. Provisions on the territory and time of occurrence of wars for national defense and international missions

1. Directly participating in wars for national defense means directly engaging in combat operations, directly serving in combat operations at the southwestern border, northern border, and conducting Fulro suppression operations in the Central Highlands within the territory and time specified in Clause 2 and Points a, b, and c of Clause 3 of this Article.

2. The territory where military conflicts occur during wars for national defense includes counties along the southwestern border, northern border, including border island counties and areas such as Hoang Sa, Truong Sa, DK1; provinces in the Central Highlands and adjacent territories where military conflicts have occurred.

The Minister of National Defense shall specify the adjacent territories where military conflicts have occurred.

3. The time of occurrence of military conflicts during wars for national defense and international missions shall be determined as follows:

a) In the southwestern border from May 1975 to January 7, 1979;

b) In the northern border from February 1979 to December 31, 1988;

c) Fulro suppression from May 1975 to December 1992;

d) Performing missions to assist Laos from May 1975 to December 31, 1988;

đ) Performing international missions in Cambodia from January 1979 to August 31, 1989.

The time of performing international missions for certain special units of the Ministry of National Defense and the Ministry of Public Security shall be specified by the Minister of National Defense and the Minister of Public Security.

Article 4. Retirement Benefits

1. The period of service for calculating retirement benefits shall be defined as follows:

a) Actual periods of service in the military, police, and cryptologic services that have contributed to social insurance or are considered to have contributed to social insurance for the purpose of calculating retirement benefits, including: periods as officers, non-commissioned officers, soldiers, defense workers, public security workers, and cryptologic personnel. If there are interruptions in these periods of service, they shall be accumulated.

For cases where individuals transfer to work in agencies, units, or organizations outside the military, police, and cryptologic services, then cease employment or are discharged, demobilized, or cease employment to engage in international cooperative labor, or are dispatched to engage in international cooperative labor and subsequently discharged, demobilized, or cease employment, or are war invalids undergoing rehabilitation at heavy war invalid rehabilitation teams managed by the Department of Labor, Invalids, and Social Affairs, the periods of service outside the military, police, and cryptologic services, periods of international cooperative labor, and periods of rehabilitation at heavy war invalid rehabilitation teams managed by the Civil Service Department² shall not be counted towards retirement benefits as stipulated in this Decree.

b) If the period of service for calculating retirement benefits includes fractional months, less than three months shall not be counted, while from three to six months inclusive shall be counted as half (1/2) the benefit level of a full year of social insurance contributions, and more than six months up to twelve months shall be counted as the benefit level of a full year of social insurance contributions.

2. The monthly pension amount for the subjects specified in Clause 1 of Article 2 of this Decree shall be calculated based on the actual years of service in the military, police, and cryptologic services. The levels of pension and average monthly salary used as the basis for social insurance contributions are as follows:

a) Pension level: for every fifteen years, it is calculated as 45% of the average monthly salary for social insurance contributions; thereafter, for each additional year of social insurance contributions, an additional 3% is added for women and 2% for men. The maximum monthly pension level is equal to 75% of the average monthly salary for social insurance contributions.

In cases where the subject is entitled to subsistence allowance, the monthly pension amount shall be calculated as one month's minimum wage as prescribed by the Government for each period.

b) The average monthly salary for social insurance contributions to calculate the monthly pension is the average monthly salary of the last five years (sixty months) before discharge, demobilization, cessation of employment, transfer to another profession, or transfer to a war invalid rehabilitation team under the Civil Service Department management, or before going to engage in international cooperative labor.³ c) The monthly salary for social insurance contributions of the last five years, including: salary according to rank, grade, and various allowances for seniority and leadership positions (if applicable) shall be converted into corresponding salary coefficients as prescribed in Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on salary systems for civil servants, public officials, and armed forces personnel. The salary level for the rank of Second Lieutenant is equivalent to a coefficient of 3.90.

c) The monthly social insurance salary for the last five years, including: rank-based salary, grade, step, and seniority allowances, leadership position allowances (if any), converted into corresponding salary coefficients as prescribed in Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on salary regulations for officials, civil servants, public employees, and armed forces personnel. The salary coefficient for the rank of Sub-Lieutenant is 3.90.

Article 5. One-time allowance system and medical insurance, funeral expenses regime

1. The subjects specified in point a, point c and point d Clause 1, Article 2 of this Decree who passed away before January 1, 2012, including those who passed away while on active duty or in service, one of the following relatives of the subject shall be entitled to a one-time allowance of VND 3,600,000: spouse; legitimate children or adopted children; biological father or mother or legal guardian.

2. The subjects specified in Clause 1 of Article 2 of this Decree if not yet entitled to medical insurance benefits, they shall be entitled to medical insurance benefits as prescribed by laws on medical insurance; upon passing away, the person handling the funeral shall be entitled to funeral expense allowance, and the relatives shall be entitled to monthly survivor's allowance or one-time survivor's allowance and other benefits as pensioners under current laws on social insurance.

Article 6. Documents and procedures for processing entitlements

1. The documents for processing retirement benefits and one-time allowance are stipulated as follows:

a) Documents for processing retirement benefits include: 01 application form of the subject; original documents or documents deemed equivalent to original documents or related documents (original or certified copies issued by competent authorities) proving that the subject is eligible for the benefit according to the provisions of Clause 1, Article 2 and Article 3 of this Decree.

b) Documents for processing one-time allowance (for deceased subjects) include: 01 application form of the relative of the subject; original documents or documents deemed equivalent to original documents or related documents (original or certified copies issued by competent authorities) proving that the subject is eligible for the benefit according to the provisions of Clause 1, Article 2 and Article 3 of this Decree.

2. Procedures and deadlines for processing retirement benefits and one-time allowance are implemented as follows:

a) Subjects specified in Clause 1 of Article 2 of this Decree or relatives of the subjects are responsible for submitting 01 set of documents as prescribed in Clause 1 of this Article to the People's Committee of the commune where⁴ they reside permanently;

b)⁵ Within no more than 7 working days from the date of receiving complete documents as prescribed, the People's Committee of the commune completes the compilation and reporting of documents to the Military Command, Political Department/Military Command of Hanoi City for military personnel and cipher officers; provincial police for police personnel.

c)⁶ (abolished);

d)⁷ Within no more than 7 working days from the date of receiving complete documents as prescribed (in each batch), the Military Command, Political Department/Military Command of Hanoi City completes the review and completion of documents, reports to the Military Region Command, Military Command of Hanoi City; provincial police completes the review and completion of documents, compiles and reports to the Social Insurance of the Public Security Force.

d) Within no more than 10 working days from the date of receiving complete documents as prescribed (in each batch), the Military Region Command and Military Command of Hanoi City complete the verification and completion of documents for military personnel and cipher officers, transfer to the Social Insurance of the Military.⁸;

e) Within no more than 30 working days from the date of receiving complete documents as prescribed (in each batch), the Social Insurance of the Military⁹ completes the review and issues decisions on retirement benefits and one-time allowance for military personnel and cipher officers, transferring to the Social Insurance of Vietnam to implement: Social Insurance of the Public Security Force¹⁰ reviews and issues decisions on retirement benefits and one-time allowance for police personnel, transferring to the Social Insurance of Vietnam to implement.

Article 7. Sources of funds for implementation

The funds for implementing the regime and policies stipulated in this Decree shall be guaranteed from the state budget in accordance with the laws on the state budget.

Article 8. Responsibility for Implementation¹¹

1. The Ministry of National Defense, the Ministry of Public Security¹², the Ministry of Finance shall guide the implementation of the regime for military personnel and cryptographic staff as prescribed in Clause 1, Article 2 of this Decree.

2. The Ministry of Public Security, the Ministry of Public Security¹³, the Ministry of Finance shall guide the implementation of the regime for police officers as prescribed in Clause 1 of Article 2 of this Decree.

3. The Ministry of Finance shall be responsible for allocating annual funds to implement the regimes and policies stipulated in this Decree in accordance with the laws on the state budget.

4. The Vietnam Social Security shall be responsible for receiving and disbursing benefits for the subjects as prescribed in this Decree.

5. The confirmation and approval of beneficiaries of the regimes and policies stipulated in this Decree must ensure transparency, strictness, accuracy, and convenience.

6. Those who falsify or forge documents to receive benefits shall be subject to disciplinary action or criminal prosecution and must return the amount received; compensate for any damage (if any) in accordance with the law.

Article 9. Implementation Provisions¹⁴

1. This Decree takes effect from May 19, 2012.

2. The subjects specified in Clause 1 of Article 2 of this Decree entitled to receive monthly retirement benefits from January 1, 2012.

3. The Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central city, are responsible for enforcing this Decree./.

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¹ Decision No. 209/2025/NĐ-CP amending and supplementing certain articles of 11 Decrees of the Government within the scope of management of the Ministry of National Defense, 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 certain articles of 11 laws on military affairs 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;

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 certain articles of 11 Decrees of the Government within the scope of management of the Ministry of National Defense".

² The term “Labor - War Invalids and Social Affairs sector” is replaced by the term “Civil Service sector” as provided for in point a, Clause 2, Article 1 of Decision No. 209/2025/NĐ-CP amending and supplementing certain articles of 11 Decrees of the Government within the scope of management of the Ministry of National Defense, which takes effect from July 21, 2025.

³ The term “Labor - War Invalids and Social Affairs sector” is replaced by the term “Civil Service sector” as provided for in point a, Clause 2, Article 1 of Decision No. 209/2025/NĐ-CP amending and supplementing certain articles of 11 Decrees of the Government within the scope of management of the Ministry of National Defense, which takes effect from July 21, 2025.

⁴ The term “household registration” is abolished as provided for in point d, Clause 2, Article 1 of Decision No. 209/2025/NĐ-CP amending and supplementing certain articles of 11 Decrees of the Government within the scope of State Management of the Ministry of National Defense, which takes effect from July 21, 2025.

⁵ This point is amended and supplemented as provided for in point a, Clause 1, Article 1 of Decision No. 209/2025/NĐ-CP amending and supplementing certain articles of 11 Decrees of the Government within the scope of management of the Ministry of National Defense, which takes effect from July 21, 2025.

⁶ This point is abolished as provided for in point e, Clause 2, Article 1 of Decision No. 209/2025/NĐ-CP amending and supplementing certain articles of 11 Decrees of the Government within the scope of management of the Ministry of National Defense, which takes effect from July 21, 2025.

⁷ This point is amended and supplemented as provided for in point b, Clause 1, Article 1 of Decision No. 209/2025/NĐ-CP amending and supplementing certain articles of 11 Decrees of the Government within the scope of management of the Ministry of National Defense, which takes effect from July 21, 2025.

⁸ The term “Social Insurance of the Ministry of National Defense” is replaced by the term “Military Social Insurance” as provided for in point c, Clause 2, Article 1 of Decision No. 209/2025/NĐ-CP amending and supplementing certain articles of 11 Decrees of the Government within the scope of management of the Ministry of National Defense, which takes effect from July 21, 2025.

⁹ The term “Social Insurance of the Ministry of National Defense” is replaced by the term “Military Social Insurance” as provided for in point c, Clause 2, Article 1 of Decision No. 209/2025/NĐ-CP amending and supplementing certain articles of 11 Decrees of the Government within the scope of State Management of the Ministry of National Defense, which takes effect from July 21, 2025.

¹⁰ The term “Social Insurance of the Ministry of Public Security” is replaced by the term “Public Security Social Insurance” as provided for in point b, Clause 2, Article 1 of Decision No. 209/2025/NĐ-CP amending and supplementing certain articles of 11 Decrees of the Government within the scope of management of the Ministry of National Defense, which takes effect from July 21, 2025.

¹¹ Article 6 Decree No. 209/2025/ND-CP amending and supplementing certain articles of 11 Decrees of the Government in the field of State Management of the Ministry of National Defense shall take effect from July 21, 2025.

Article 6. Responsibilities for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under central cities shall be responsible for implementing this Decree.

¹² The phrase "Ministry of Labor, Invalids and Social Affairs" shall be replaced with the phrase "Ministry of Home Affairs" as provided for in Point d Clause 2 Article 1 of Decree No. 209/2025/ND-CP amending and supplementing certain articles of 11 Decrees of the Government in the field of State Management of the Ministry of National Defense, which shall take effect from July 21, 2025.

¹³ The phrase "Ministry of Labor, Invalids and Social Affairs" shall be replaced with the phrase "Ministry of Home Affairs" as provided for in Point d Clause 2 Article 1 of Decree No. 209/2025/ND-CP amending and supplementing certain articles of 11 Decrees of the Government in the field of State Management of the Ministry of National Defense, which shall take effect from July 21, 2025.

¹⁴ Article 5 of Decree No. 209/2025/ND-CP amending and supplementing certain articles of 11 Decrees of the Government in the field of State Management of the Ministry of National Defense provides as follows:

Article 5. Effective Date

1. This Decree shall take effect from July 21, 2025.

2. Replace 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/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 20 years or more in the army and have been demobilized or discharged; 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 articles 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 20 years or more in the army and have been demobilized 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/ND-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 policies for officers leaving active service: officers on active duty who died or passed away; officers on active duty transferred 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 policies for professional soldiers, defense workers and civil servants transferring to other sectors, defense workers and civil servants ceasing work according to the Law on Professional Soldiers, Defense Workers and Civil Servants.

c) Abolish and replace the following phrases:

Abolish the phrase "Minister of Labor, Invalids and Social Affairs" in 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 provisions of the Law on Cryptography regarding the regime and policies for cryptography personnel.

Replace the phrase "District Cryptography Office" with the phrase "Commune Cryptography Office" in Table 3: Standards for the area of some public buildings and other auxiliary facilities in the camp in Item 03 Standards for the area of collective living, working and public activities and some auxiliary facilities in the camp issued together with Decree No. 32/2013/ND-CP.

Replace the phrase "District Cryptography Office and equivalent" with the phrase "Commune Cryptography Office" in Table 13: Standards for equipment in the District Cryptography Office in Item 04 Standards for equipment issued together with Decree No. 32/2013/ND-CP.

Replace the phrase "District Cryptography Office and equivalent" with the phrase "Commune Cryptography Office" in Table 14: Standards for equipment in the Telegraph Office in Item 04 Standards for equipment issued together with Decree No. 32/2013/ND-CP.

d) Replace the following 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/ND-CP dated April 6, 2016 of the Government stipulating certain policies and benefits for non-commissioned officers and soldiers serving on active duty, discharged and their dependents.

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/ND-CP.

3. In cases where the forms of documents that are part of the administrative procedure files received by local agencies and units from policy beneficiaries before the effective date of this Decree have not yet been resolved, they shall continue to be resolved according to the provisions of the law at the time of receipt.