Circular No. 88/TBXH guides the implementation of Decree No. 189/HĐBT on retirement benefits for officers of the Vietnam People's Army who have reached the age limit for active service. This document specifies the conditions and procedures for transferring from disability benefit or demobilization to retirement benefit.
适用范围
Officers of the Vietnam People's Army
要点
- Officers who have reached the age limit for active service and cannot be assigned work in state agencies or enterprises or enrolled in schools shall be eligible for retirement if they have worked continuously for at least 20 years and meet one of the three conditions regarding military service time (Article 1).
- Continuous working period includes the time before enlistment and the time serving in the military, with specific provisions for difficult and harsh areas (Article 1).
- The Decree only applies to officers who have reached the age limit for active service and cannot be assigned work or enrolled in school (i.e., those who stop working while still in service), not to officers who have transferred to other sectors and then stopped working (Article 1).
- Officers currently receiving disability benefits or demobilized since January 1, 1982, who meet the continuous working period requirement will be transferred to retirement benefits from the date this Decree takes effect (Article 2).
- The Department of War Invalids and Social Affairs shall coordinate with the Provincial Military Command to issue the Decision on transferring to retirement benefits and recover the disability allowance book attached to the retirement decision, which shall be sent to the Ministry for archiving the individual's file (Article 2).
🌐 本文件的社会影响
- To assist officers of the Vietnam People's Army who have reached the age limit for active service and meet the conditions for retirement benefits.
- To facilitate the transfer from disability benefit or demobilization to retirement benefit.
- Financial burden on the state budget when paying retirement allowances.
❓ 常见问题
What conditions must officers who have reached the age limit for active service meet to be eligible for retirement benefits?
They must have worked continuously for at least 20 years and meet one of the three conditions regarding military service time.
What periods are included in the continuous working period?
It includes the time before enlistment and the time serving in the military.
Does this Decree apply to officers who have transferred to other sectors and then stopped working?
No, it only applies to officers who have reached the age limit for active service and cannot be assigned work or enrolled in school.
What is the procedure for transferring from disability benefit to retirement benefit?
The Department of War Invalids and Social Affairs shall issue the Decision on transferring to retirement benefits, recover the disability allowance book, and attach it to the retirement decision, which shall be sent to the Ministry for archiving the individual's file.
When can officers enjoy retirement benefits?
Officers currently receiving disability benefits or demobilized since January 1, 1982, who meet the continuous working period requirement will be transferred to retirement benefits from the date this Decree takes effect.
全文
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MINISTRY OF LABOUR, INVALIDS AND SOCIAL AFFAIRS SOCIAL AFFAIRS |
SOCIALIST REPUBLIC OF VIETNAM |
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Number: 88/TBXH |
Hanoi, December 29, 1982 |
CIRCULAR
OF THE MINISTRY OF VETERANS AND SOCIAL AFFAIRS NUMBER 88/TBXH DATED DECEMBER 29, 1982
GUIDELINES FOR IMPLEMENTING DECREE NO. 189/HĐBT DATED NOVEMBER 29, 1982 OF THE STATE COUNCIL
THE MINISTER
Pursuant to Article 4 of Decree No. 189/HĐBT dated November 29, 1982 of the Council of Ministers, after reaching consensus with the Ministry of National Defense, the Ministry of Veterans and Social Affairs provides guidelines for implementing Articles 2 and 3 of Decree No. 189/HĐBT regarding officers of the Vietnam People's Army who have reached their service age limit and are entitled to retirement benefits as follows:
1. Conditions for Entitlement to Retirement Benefits:
Decree No. 189/HĐBT stipulates that officers who have reached their service age limit according to Article 32 of the Law on Officers of the Vietnam People's Army and are not assigned work at state agencies or enterprises, or enrolled in schools, if they have continuously worked for 20 years, including one of the following conditions, shall be entitled to retirement benefits:
1. Having served 10 years in military service.
2. Having served 5 years in military service or more and having participated in combat or direct service, or having worked for 3 years in difficult and harsh areas within 5 years of military service.
3. Having served 5 years in military service and worked for 10 years or more under heavy and hazardous working conditions.
Below are two points clarified:
- Continuous 20 years of work includes time spent working at state agencies or enterprises, or time spent working in communes (as defined as continuous work time) before enlistment, combined with military service time. The military service time mentioned in one of the five conditions above also counts towards the 20 years of continuous work.
- Difficult and harsh areas include border regions (as specified in Circular No. 60/TT-LB dated January 4, 1980 of the Joint Board of the Ministry of National Defense and the Ministry of Veterans and Social Affairs), islands except for 15 islands mentioned in Circular No. 16/TBXH dated May 14, 1981 of the Ministry of Veterans and Social Affairs guiding the implementation of Decision No. 301/CP dated September 20, 1980 of the Council of Ministers, and mountainous regions with regional allowances of 25% or higher, areas classified as K and C.
Working under heavy and hazardous conditions refers to occupations classified as types III, IV, and V in the "Classification Table of Labor by Occupation of the Ministry of Labor."
- Decree No. 189/HĐBT applies only to officers who have reached their service age limit and are not assigned work or enrolled in schools (i.e., those who have left active duty) and does not apply to officers who have transferred to civilian jobs and then retired.
2. Procedures for Converting Disability Allowance or Discharge Benefits to Retirement Benefits.
Officers who have stopped working from January 1, 1982 (after the promulgation of the Officer Law) and are currently receiving disability allowance or discharge benefits, if they meet the continuous work period conditions set forth in Article 2 of the retirement decree from the date of its issuance (i.e., they are entitled to retirement benefits from January 1, 1982).
The Department of Veterans and Social Affairs will coordinate with the Provincial Military Command where the officer resides, based on the disability records or discharge records managed by the Department of Veterans and Social Affairs or the Provincial Military Command, to issue a Decision converting to retirement benefits, and collect the disability allowance book along with the retirement decision sent back to the Ministry for archiving the officer's file.
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DEPUTY MINISTER (signed) Nguyen Kien |
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