Decree No. 66-CP provides temporary social insurance regulations for military forces.

DECREE

Interim regulations on social insurance benefits for armed forces personnel

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

At the proposal of the Minister of National Defense, the Minister of Public Security, and the Minister of Labor, War Invalids and Social Affairs.

DECREE:

A. GENERAL PROVISIONS

Article 1.- This Decree stipulates social insurance benefits for officers, non-commissioned officers, and soldiers of the People's Army (referred to as military personnel) and officers, non-commissioned officers, and public security cadres of the People's Public Security Force (referred to as public security personnel):

1. Illness allowance;

2. Maternity allowance;

3. Allowance for work-related accidents or occupational diseases;

4. Retirement benefits;

5. Survivor benefits.

Article 2.- The social insurance benefits prescribed in Article 1 of this Decree shall be applied:

1. To military personnel and public security personnel who are entitled to salary, all five social insurance benefits shall apply.

2. To military personnel and public security personnel who are entitled to living expenses, they shall enjoy two allowances: work-related accident or occupational disease allowance and survivor benefit.

Article 3.- Conditions for enjoying social insurance benefits include the time of social insurance contributions, age, or degree of reduction in working capacity.

The period of service of military personnel and public security personnel prior to the issuance of this Decree shall be considered as the time of social insurance contributions.

Article 4.- The right to social insurance benefits may be temporarily suspended or revoked:

During imprisonment;

When there is fraudulent behavior to receive social insurance benefits;

When deserting;

When leaving the country illegally or staying abroad illegally.

B. SOCIAL INSURANCE BENEFITS

I. Sickness Allowance

Article 5.- Military personnel and public security personnel who are entitled to salary when sick or in case of accidental risk (not work-related accident) and treated at medical facilities shall receive illness allowance equivalent to 100% of their salary (special cases have separate guidelines).

If treatment is required at civilian hospitals, the Ministry of National Defense or the Ministry of Public Security will pay hospital fees according to the partial payment system.

Article 6.- Female military personnel and female public security personnel with their first or second child (special cases have separate guidelines), if the child is sick and must take leave, shall receive illness allowance as follows:

1. Annual leave time when the child is sick:

15 days for children under 36 months old;

12 days for children from 36 months to 72 months old.

2. The illness allowance is 85% of the salary level.

In special cases where the father has to take leave to care for a sick child, he shall receive the same allowance as the mother.

II. Maternity Allowance

Article 7.- Female military personnel and female public security personnel who are pregnant or give birth to their first or second child (special cases have separate guidelines) shall receive maternity allowance as follows:

1. Maternity leave time:

a) Three prenatal check-ups, each lasting one day (in special cases, two days can be granted).

b) For miscarriage, 20 days if the pregnancy is less than three months, 30 days if it is three months or more.

c) Before and after childbirth, 150 days of leave.

If multiple births occur, for each additional child beyond the first, the mother gets an additional 30 days of leave.

d) In the case of legitimate newborn care, she can take leave until the child is 120 days old and receive maternity allowance.

2. The maternity allowance is 100% of the salary level.

Additionally, she receives an extra month's salary upon giving birth.

3. Military personnel and public security personnel implementing family planning measures shall enjoy benefits as prescribed by the State.

III. Work-related accident or occupational disease allowance

Article 8.- Military personnel and public security personnel suffering from work-related accidents or occupational diseases shall receive an allowance equal to 100% of their salary during treatment. The allowance and medical examination costs shall be paid by the Ministry of National Defense or the Ministry of Public Security.

Article 9.- After the treatment period, if the disability or illness stabilizes, military personnel and public security personnel shall receive work-related accident or occupational disease allowance as follows:

1. Depending on the degree of disability or illness, a one-time or monthly allowance shall be provided, the amount of which is calculated based on the average salary of civil servants.

a) A reduction in working capacity from 5% to 60% shall be provided a one-time allowance as follows:

Degree of reduction in working capacity One-time allowance

From 5% to 20% 2 months' salary

From 21% to 30% 4 months' salary

From 31% to 40% 6 months' salary

From 41% to 50% 9 months' salary

From 51% to 60% 12 months' salary.

b) A reduction in working capacity from 61% to 100% shall be classified and provided a monthly allowance as follows:

Degree of reduction in working capacity Classification Monthly allowance

From 61% to 70% 4 50% of the salary

From 71% to 80% 3 60% of the salary

From 81% to 90% 2 70% of the salary

From 91% to 100% 1 80% of the salary

Those classified as Class 1 and Class 2 who cannot independently support themselves shall also receive a service allowance.

For those with a salary higher than the average salary of civil servants, an additional one-time allowance equal to one to three months' current salary shall be provided.

2. Military personnel and public security personnel suffering from work-related accidents or occupational diseases shall be provided with equipment once to partially restore lost functions.

If the disability or illness recurs, they shall be re-treated and reassessed for working capacity.

Article 10. Military personnel and public security personnel receiving monthly allowances due to work-related accidents or occupational diseases shall be covered by health insurance.

Article 11.- During duty, if military personnel and public security personnel die due to work-related accidents or occupational diseases, their families shall receive survivor benefits as prescribed in Articles 16 and 17 of this Decree and an additional one-time allowance equal to 12 months' average salary of civil servants.

Article 12.- The Ministry of National Defense, the Ministry of Public Security, the Ministry of Labor, War Invalids and Social Affairs, and the Ministry of Health shall prescribe conditions for recognizing work-related accidents and the list of occupational diseases in the armed forces.

IV. Retirement Benefits

Article 13.- Military personnel and public security personnel meeting one of the following conditions shall receive monthly retirement benefits:

1. Male aged 55, female aged 50, having contributed to social insurance for 20 years or more.

2. Male aged 50, female aged 45, having contributed to social insurance for 20 years or more, including at least 15 years of heavy and hazardous work in the armed forces, or at least 10 years in war zones.

3. Male reaching fifty years of age with thirty years of military service, female reaching forty-five years of age with twenty-five years of military service or more.

4. Meeting the conditions stipulated in Article 42 of the Law on Non-Commissioned Officers of the Vietnam People's Army; the Regulation on Professional Military Personnel; the Ordinance on Security Forces and Police of Vietnam.

Article 14.- Military personnel and public security officers under the monthly pension system shall enjoy:

A lump sum allowance before retirement depending on the duration and level of social insurance contributions;

Monthly pension calculated based on the highest rank salary or professional salary, seniority allowance, and position allowance (if applicable), not exceeding seventy-five percent of the average salary over ten years prior to retirement;

Coverage for health insurance.

The Ministry of National Defense, the Ministry of Public Security, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Finance shall specify the specific levels of monthly pensions and one-time allowances before retirement.

Article 15.- Military personnel and public security officers who enjoyed the pension system before the issuance of this Decree shall retain their current benefits and gradually adjust according to the Government's regulations.

V. DEATH BENEFITS REGIME

Article 16.- Military personnel and public security officers on active duty, those enjoying pension benefits, monthly accident compensation, or occupational disease benefits, when deceased, the person responsible for burial shall receive seven months of the minimum civil servant salary as a funeral allowance.

Article 17.- In cases where military personnel and public security officers die due to work accidents or occupational diseases, having contributed to social insurance for fifteen years or more, or receiving monthly pension benefits, monthly accident compensation, or occupational disease benefits, if they leave behind children under sixteen years old, spouse (or husband), parents who have reached retirement age and were directly supported by them while alive, these relatives shall receive monthly survivor benefits. The amount of the allowance shall be determined by the Ministry of Labor, Invalids and Social Affairs, the Ministry of Finance in coordination with the Ministry of National Defense and the Ministry of Public Security.

In cases where the deceased does not have eligible survivors to receive monthly survivor benefits or had not contributed to social insurance for at least fifteen years during their lifetime, the family shall receive a one-time benefit as follows:

If the deceased was on active duty, the allowance shall be calculated by multiplying the monthly salary received by the number of years of social insurance contributions, but the minimum amount shall be six months of the minimum civil servant salary.

If the deceased was receiving monthly compensation, the allowance shall range from three to twelve months of the monthly compensation received.

Article 18.- Military personnel and public security officers who were receiving monthly pension benefits, monthly accident compensation, or occupational disease benefits before the issuance of this Decree shall implement death benefits according to Articles 16 and 17 above.

C. SOURCES OF SOCIAL INSURANCE FINANCING

Article 19.The funds for implementing social insurance for military personnel and public security officers come from the following sources:

Military personnel and public security officers receiving monthly salaries contribute five percent of their rank salary or grade salary and seniority allowance.

The State budget covers the remainder.

Article 20.- The Ministry of National Defense and the Ministry of Public Security shall coordinate with the Ministry of Finance, the Ministry of Labor, Invalids and Social Affairs, and the Social Insurance Organization of Vietnam regarding the management and payment of social insurance benefits for military personnel and public security officers.

D. IMPLEMENTATION PROVISIONS

Article 21.- This Decree takes effect from April 1, 1993.

All previous regulations contrary to those stipulated in this Decree are hereby abolished.

Article 22.- The Ministry of National Defense, the Ministry of Public Security, and the Ministry of Labor, Invalids and Social Affairs shall coordinate with the Ministry of Finance to provide detailed guidance and organize the implementation of this Decree.

Article 23.- The Minister, the Head of a ministry equivalent to a ministry, the Head of a government agency, and the Chairman of the People's Committee of provinces and centrally-administered cities are responsible for enforcing this Decree./.