Decision No. 53/2010/QĐ-TTg stipulates the allowance for police officers and soldiers of the People's Public Security Forces who participated in the anti-US resistance war with less than 20 years of service and have retired or been discharged back to their home regions. The allowance includes monthly allowances and a one-time allowance based on actual years of service.
Scope of application
Police officers and soldiers of the People's Public Security Forces who participated in the anti-US resistance war before April 30, 1975, with less than 20 years of service in the force and have retired or been discharged back to their home regions.
Key points
- Police officers and soldiers of the People's Public Security Forces with from 15 to less than 20 years of service receive a monthly allowance (813,614 VND/person/month + 5% for each additional year of service).
- Police officers and soldiers of the People's Public Security Forces with less than 15 years of service receive a one-time allowance based on actual years of service.
- In case of death, the beneficiaries will receive three months of the current monthly allowance.
- The one-time allowance is calculated based on years of service: up to two years is 2 million VND, and for each additional year starting from the third year, an additional 600,000 VND.
- The funding for implementing this policy is guaranteed by the central budget.
🌐 Social impact of this document
- Positive impact: Helps improve the living conditions of those who have contributed during the resistance war and are now back in their home regions.
- Negative impact: The cost of implementing this policy may put pressure on the state budget.
❓ Frequently asked questions
Which police officers and soldiers of the People's Public Security Forces are eligible for the allowance?
Police officers and soldiers of the People's Public Security Forces who participated in the anti-US resistance war before April 30, 1975, with less than 20 years of service in the force and have retired or been discharged back to their home regions, and do not fall under the category excluded from this policy.
What is the amount of the monthly allowance?
The monthly allowance for those with from 15 to less than 20 years of service is 813,614 VND/person/month, with an additional 5% added to the initial allowance for each additional year (at least 12 months).
What is the amount of the one-time allowance?
The one-time allowance for those with from two years up to two years is 2 million VND, and for each additional year starting from the third year, an additional 600,000 VND.
Who guarantees the funding for implementing this policy?
The funding for implementing this policy is guaranteed by the central budget.
Is military service time counted together with public security service time?
Yes, but those who have received a one-time allowance under Decision No. 142/2008/QĐ-TTg must return that allowance to combine their military service time with their public security service time.
Full text
Pursuant to …;
Regulations on the treatment for People's Police officers who participated in the resistance against the United States and have less than 20 years of service in the People's Police before retiring or being discharged to return to their home regions
PRIME MINISTER
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Law on Legislative Acts of 03 June 2008;
Considering the proposal of the Minister of Public Security,
DECISION:
Article 1. Scope of Regulation
This Decision stipulates the treatment for People's Police officers who participated in the resistance against the United States from April 30, 1975, or earlier, with less than 20 years of service in the People's Police who have retired or been discharged to return to their home regions.
Article 2. Applicability
1. People's Police officers who participated in the resistance against the United States, joined the People's Police from April 30, 1975, or earlier, with less than 20 years of service in the People's Police who have retired or been discharged to return to their home regions, and currently do not enjoy retirement benefits, disability benefits, or monthly veteran benefits, shall be entitled to monthly subsistence allowances as prescribed in Article 4 or one-time subsistence allowances as prescribed in Article 5 of this Decision if they fall under any of the following circumstances:
a) People's Police officers with at least 15 but less than 20 years of service in the People's Police are entitled to monthly subsistence allowances.
b) People's Police officers with less than 15 years of service in the People's Police are entitled to one-time subsistence allowances.
2. People's Police officers who participated in the resistance against the United States, joined the People's Police from April 30, 1975, or earlier, with less than 20 years of service in the People's Police who have retired or been discharged to return to their home regions, and subsequently worked in communes, wards, or towns:
a) Those with less than 20 years of service in the People's Police, who continued working in communes, wards, or towns, and are now retired and receiving monthly subsistence allowances or retirement benefits, are entitled to one-time subsistence allowances.
b) Those with at least 15 but less than 20 years of service in the People's Police, currently working in communes, wards, or towns and receiving salaries from the state budget and participating in mandatory social insurance, if they meet the conditions for retirement benefits according to Decree No. 152/2006/NĐ-CP dated December 22, 2006, issued by the Government to guide certain provisions of the Social Insurance Law regarding mandatory social insurance, are entitled to one-time subsistence allowances; if they do not meet the conditions for retirement benefits according to Decree No. 152/2006/NĐ-CP, they are entitled to monthly subsistence allowances.
c) Those with less than 15 years of service in the People's Police, currently working in communes, wards, or towns and receiving salaries from the state budget and participating in mandatory social insurance, are entitled to one-time subsistence allowances.
Article 3. Subjects not subject to application
1. Those currently enjoying retirement benefits, monthly subsistence allowances (excluding village cadres currently enjoying retirement benefits or monthly subsistence allowances), disability benefits, or monthly veteran benefits.
2. Those falling within the scope of application of Article 2 of this Decision but who surrendered to the enemy, betrayed, violated the law, and were convicted of offenses endangering national security without having their criminal records expunged or are currently serving life imprisonment shall not be entitled to the benefits prescribed in this Decision.
3. Individuals who have already received one-time subsistence allowances as prescribed in point a, Clause 1, Article 1 of Decision No. 290/2005/QĐ-TTg dated November 8, 2005; Clause 2, Article 1 of Decision No. 92/2005/QĐ-TTg dated April 29, 2005 of
Article 4. Monthly Allowance System
1. The monthly allowance is calculated based on the actual years of service in the People's Public Security: fifteen years or more entitles to a monthly allowance of VND 813,614 per person/month, with an additional 5% on the initial allowance level for each subsequent year (full twelve months). When the Government adjusts the pension or monthly allowance, the aforementioned monthly allowance will be adjusted accordingly according to the Government's regulations.
2. If the person receiving the monthly allowance passes away, they will cease to receive it from the following month. The deceased person’s relatives will receive a one-time allowance equivalent to three months of the current monthly allowance of the deceased.
Article 5. One-time Allowance System
1. The one-time allowance is calculated based on the actual years of service in the People's Public Security: two years or less entitles to a one-time allowance of VND 2,000,000 (two million dong); from the third year onwards, each year entitles to a one-time allowance of VND 600,000. In cases where there is a fractional year: less than six months is counted as half (1/2) of the annual allowance, from six months to less than twelve months is counted as the full annual allowance.
2. Those who fall under the application scope of Article 2 of this Decision and passed away before the effective date of this Decision shall have one of the following persons: spouse, father, mother, biological child, adopted child, or legal guardian of the deceased entitled to a one-time allowance of VND 3,000,000 (three million dong).
Article 6. Funding Assurance
The funding for implementing the systems stipulated in this Decision shall be guaranteed by the central budget.
Article 7. Handling Violations
1. The confirmation and review of individuals eligible for the benefits stipulated in this Decision must ensure transparency, strictness, accuracy, and convenience.
2. Individuals who engage in fraudulent behavior or falsify documents to receive benefits shall be subject to disciplinary action or criminal liability, and must compensate for any losses (if applicable) according to the provisions of the law, depending on the nature and extent of the violation.
Article 8. Provisions on Cumulative Service Time for Benefit Calculation
1. Officers and soldiers of the People's Public Security who have been discharged or retired and returned to their place of origin, having served in the People's Army prior to April 30, 1975, shall have their time of service in the army added to their time of service in the People's Public Security for the implementation of the benefits stipulated in this Decision.
2. Those who fall under the application scope of Article 2 of this Decision and have served in the People's Army, during which time they have already received benefits as prescribed in Decision No. 142/2008/QĐ-TTg dated October 27, 2008, of the Prime Minister on the implementation of benefits for military personnel participating in the resistance war General United States and rescue operations in the People's Public Security Force. 1. The contents and levels of expenditure from the state budget to support the implementation of initiatives as stipulated in Chapter II of this Circular are maximum levels. Based on the ability to balance resources, the Ministers of Ministries, Heads of central agencies, Provincial People's Councils, and centrally governed cities shall decide on specific contents and levels of expenditure for initiative activities that ensure appropriateness. issue of export and import goods of Vietnam./. 20 year person Decree Industry and Military force who have been demobilized or discharged and returned to their place of origin shall not have their time of service in the People's Army added to their time of service in the People's Public Security for benefit calculation OF Article 2. Effectiveness of enforcement Decision No. 2195/QĐ-UBND dated September 15, 2021 of the People's Committee of Ben Tre Province) a) Providing testimonies and expert opinions for the case for which they have been summoned; Add Field anti-corruption; issue voluntary hope sum not (days) in the military Industry and military force Personnel Supreme People's Court in the Field of Teachers and Educational Institution Managers not (days) person Decree Industry and Industry a) Managing, using, and operating technical equipment in accordance with Articles 10, 11, and 12 of Decree No. 135/2021/NĐ-CP dated December 31, 2021, issued by the Government, stipulating the list, management, and use of technical equipment, and the procedures for collecting and using data obtained from technical equipment provided by individuals or organizations for detecting administrative violations (hereinafter referred to as Decree No. 135/2021/NĐ-CP); Personnel Supreme People's Court to meet the conditions for receiving the monthly allowance as stipulated in Clause 1, Article 4 of this a) Providing testimonies and expert opinions for the case for which they have been summoned; this then to seize, submission again Clause hỗ trợ ||| and Law No. 47/2024/QH15 The Minister of Finance issues this Circular to guide certain aspects of financial handling, determining the value of public service units, first-time share issuance, and management and use of funds from converting public service units into joint-stock companies, has Decision. Field those currently receiving the monthly allowance as stipulated in Clause 1, Article 2 of Decision No. 142/2008/QĐ-TTg shall have their time of service in the People's Public Security added to their actual time of service for calculating the monthly allowance to adjust the current monthly allowance being received.
3. Individuals who have already received one-time subsistence allowances as prescribed in point a, Clause 1, Article 1 of Decision No. 290/2005/QĐ-TTg dated November 8, 2005; Clause 2, Article 1 of Decision No. 92/2005/QĐ-TTg dated April 29, 2005 of
Article 9. Responsibilities of Ministries and Provincial People's Committees under the Central Government
1. The Ministry of Public Security shall take the lead and coordinate with the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Finance to guide the implementation of this Decision; direct the organization of the review, verification, and issuance of decisions for the monthly allowance; review and pay the one-time allowance to eligible recipients.
2. The Ministry of Labor, Invalids and Social Affairs shall be responsible for directing the acceptance, management, and payment of the monthly allowance to eligible recipients as prescribed.
3. The Ministry of Finance shall be responsible for allocating the annual budget to implement the benefits and payment fees according to the provisions of the State Budget Law.
4. Provincial People's Committees under the Central Government shall be responsible for directing and organizing the implementation of the benefits for eligible recipients.
Article 10. Effective Date
1. This Decision takes effect from October 15, 2010.
2. The monthly allowance system stipulated in Clause 1, Article 4 of this Decision shall be implemented from May 1, 2010.
Article 11. Responsibility for Implementation
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