Circular No. 82/2023/TT-BQP stipulates the adjustment of monthly allowances for military personnel and those engaged in confidential work who receive salaries equivalent to military personnel after discharge, retirement, or resignation.

CIRCULAR

Regulations on monthly allowances for military personnel,

individuals engaged in confidential work with military salary treatment

who have been demobilized, discharged from service, or retired

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Pursuant to Decree No. 01/2022/NĐ-CP dated November 30, 2022 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Pursuant to Decree No. 42/2023/NĐ-CP dated June 29, 2023 of the Government adjusting pensions, social insurance benefits, and monthly allowances;

Pursuant to Decision No. 142/2008/QĐ-TTg dated October 27, 2008 of the Prime Minister implementing regulations for military personnel participating in the resistance war against America to save the country who have less than 20 years of service in the Military and have been demobilized, discharged from service, and returned to their localities;

Pursuant to Decision No. 62/2011/QĐ-TTg dated November 9, 2011 of the Prime Minister implementing policies for individuals participating in wars to protect the Fatherland and international missions in Cambodia and assisting Laos after April 30, 1975 who have been demobilized, discharged from service, or retired;

At the proposal of the Director of the General Political Department;

The Minister of National Defense issues this Circular regulating adjustments to monthly subsidies for military personnel and civilian staff performing secretary work receiving salaries similar to those of military personnel after discharge, demobilization, or resignation.

Article 1. Scope of Regulation

This Circular regulates adjustments to monthly subsidies for military personnel and civilian staff performing secretary work receiving salaries similar to those of military personnel after discharge, demobilization, or resignation.

Article 2. Applicability

1. Military personnel who have been demobilized, discharged from service, and are currently receiving monthly allowances according to Decision No. 142/2008/QĐ-TTg dated October 27, 2008 of the Prime Minister implementing regulations for military personnel participating in the resistance war against America to save the country who have less than 20 years of service in the Military and have been demobilized, discharged from service, and returned to their localities (hereinafter referred to as Decision No. 142/2008/QĐ-TTg); Decision No. 38/2010/QĐ-TTg dated May 6, 2010 of the Prime Minister amending and supplementing Decision No. 142/2008/QĐ-TTg.

2. Military personnel, individuals engaged in confidential work with military salary treatment who have been demobilized, discharged from service, or retired and are currently receiving monthly allowances according to Decision No. 62/2011/QĐ-TTg dated November 9, 2011 of the Prime Minister implementing policies for individuals participating in wars to protect the Fatherland and international missions in Cambodia and assisting Laos after April 30, 1975 who have been demobilized, discharged from service, or retired.

3. Relevant agencies, units, organizations, and individuals.

Article 3. Method of calculation and adjustment levels

1. Increase the monthly allowance by 12.5% based on the level of monthly allowance in June 2023 for the subjects specified in Clause 1 and Clause 2 of Article 2 of this Circular, according to the following formula:

2. The monthly subsidy level for the subjects specified in Clause 1 and Clause 2 of Article 2 of this Circular after the increase adjustment, specifically as follows:

a) From 15 to less than 16 years, the allowance is VND 2,285,000 per month;

b) From 16 to less than 17 years, the allowance is VND 2,388,000 per month;

c) From 17 to less than 18 years, the allowance is VND 2,494,000 per month;

d) From 18 to less than 19 years, the allowance is VND 2,598,000 per month;

đ) From 19 to less than 20 years, the allowance is VND 2,700,000 per month.

Article 4. Implementation funds

The budget for implementing the adjustment of monthly allowances for the subjects specified in this Circular shall be guaranteed by the State budget. The Ministry of Finance shall ensure the budget according to the proposal of the Ministry of Labor, Invalids and Social Affairs to authorize the Departments of Labor, Invalids and Social Affairs of provinces and cities to pay the allowance to the subjects.

State-owned enterprises that have been assigned by the Ministry of Agriculture and Rural Development to conduct offshore wind power project surveys before the effective date of this Circular shall continue to implement according to the assigned documents; any new matters arising after the effective date of this Circular shall be implemented in accordance with the provisions of this Circular.

1. The General Political Department directs the Policy Bureau

a) To take the lead and coordinate with competent agencies inside and outside the Military in implementing, guiding, and inspecting the implementation of this Circular by relevant agencies, units, and localities;

b) To adjust the level of allowance benefits according to the guidance provided in Article 3 of this Circular for those who have decisions on receiving monthly allowances from the date this Circular takes effect.

2. Departments of Labor, Invalids and Social Affairs of provinces and centrally-administered cities shall implement the adjustment and payment of monthly allowances according to the guidance provided in Article 3 of this Circular for the subjects who have decisions to receive monthly allowances before the effective date of this Circular.

Article 6. Effectiveness

1. This Circular takes effect from December 19, 2023. The provisions of this Circular shall be implemented from July 1, 2023.

2. Joint Circular No. 99/2012/TTLT-BQP-BTC dated August 28, 2012 of the Ministry of National Defense and the Ministry of Finance guiding the adjustment of monthly allowances for military personnel, individuals engaged in confidential work with military salary treatment, and public security personnel who are currently receiving monthly allowances; Joint Circular No. 182/2013/TTLT-BQP-BTC dated October 8, 2013 of the Ministry of National Defense and the Ministry of Finance guiding the adjustment of monthly allowances for military personnel, individuals engaged in confidential work with military salary treatment, and public security personnel who have been demobilized, discharged from service, or retired and are currently receiving monthly allowances; Joint Circular No. 40/2015/TTLT-BQP-BTC dated May 26, 2015 of the Ministry of National Defense and the Ministry of Finance guiding the adjustment of monthly allowances for military personnel, individuals engaged in confidential work with military salary treatment, and public security personnel who have been demobilized, discharged from service, or retired and are currently receiving monthly allowances; Circular No. 242/2017/TT-BQP dated October 5, 2017 of the Minister of National Defense guiding the adjustment of monthly allowances for military personnel, individuals engaged in confidential work with military salary treatment, and public security personnel who have been demobilized, discharged from service, or retired; Circular No. 138/2018/TT-BQP dated August 28, 2018 of the Minister of National Defense guiding the adjustment of monthly allowances for military personnel, individuals engaged in confidential work with military salary treatment, and public security personnel who have been demobilized, discharged from service, or retired; Circular No. 22/2022/TT-BQP dated April 2, 2022 of the Minister of National Defense regulating the adjustment of monthly allowances for military personnel, individuals engaged in confidential work with military salary treatment who have been demobilized, discharged from service, or retired cease to be effective from the date this Circular takes effect.

3. Point a Clause 2 Section II of Joint Circular No. 144/2008/TTLT-BQP-BLĐTBXH-BTC dated November 27, 2008 of the Ministry of National Defense, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Finance guiding the implementation of Decision No. 142/2008/QĐ-TTg; Clause 1 Article 2 of Joint Circular No. 110/2010/TTLT-BQP-BLĐTBXH-BTC dated September 8, 2010 of the Ministry of National Defense, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Finance amending and supplementing Joint Circular No. 144/2008/TTLT-BQP-BLĐTBXH-BTC cease to be effective from the date this Circular takes effect.

Article 7. Transitional Provisions

Continue to apply the method of calculation and the level of adjustment for monthly allowances for military personnel and civil servants working in confidential positions who receive salaries equivalent to those of military personnel after discharge, separation, or resignation, as prescribed in Joint Circulars or Circulars issued by the Minister of National Defense before the effective date of this Circular, for cases decided by competent authorities to receive monthly allowances under Decision No. 142/2008/QĐ-TTg and Decision No. 62/2011/QĐ-TTg from the date this Circular takes effect, ensuring consistency regarding the beneficiaries and the monthly allowance levels corresponding to the duration of each document's effectiveness.

Article 8. Responsibility for Implementation

1. Heads of agencies, units, organizations, and individuals related to this matter are responsible for implementing this Circular.

2. In the course of implementation, if there are any difficulties, agencies, units, and localities shall promptly report them to the Ministry of National Defense (through the Policy Department of the Political General Department) for examination and resolution in accordance with regulations./.