Decree No. 89/2003/ND-CP On Amending and Supplementing Certain Provisions of the Social Insurance Charter for Officers, Professional Military Personnel, Non-Commissioned Officers, and Soldiers of the People's Army and the People's Police Issued Together with Decree No. 45/CP dated July 15, 1995 of the Government

DECREE OF THE GOVERNMENT

Regarding amendments and supplements to certain provisions of the Social Insurance Regulations for Officers, Professional Soldiers, Non-Commissioned Officers, and Soldiers of the People's Army and the People's Public Security Force

 issued together with Decree No. 45/CP dated July 15, 1995 of the Government

The People's Army and the People's Police promulgated along with

Chapter I. Social Insurance Benefits to be Enjoyed

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THE GOVERNMENT

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

Pursuant to the Officer Law of the Vietnam People's Army of 1999;

Pursuant to the Labor Code of 1994 as amended and supplemented by the Law Amending and Supplementing Certain Provisions of the Labor Code on April 2, 2002;

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

DECREE:

Article 1. The Government amends and supplements certain provisions of the Social Insurance Regulations for Officers, Professional Soldiers, Non-Commissioned Officers, and Soldiers of the People's Army and the People's Public Security Force issued together with Decree No. 45/CP dated July 15, 1995 of the Government as follows:

1. Amend Clause 2 of Article 6 as follows:

"Military personnel and public security officers who have children under seven years old (including adopted children as provided for in the Marriage and Family Law) suffering from illness, confirmed by a health organization designated by the Ministry of Health, must take leave to care for their sick children and shall be entitled to social insurance benefits. In cases where both parents participate in social insurance and the child is ill, only one parent shall be entitled to social insurance benefits during the period of leave taken to care for the sick child. The maximum duration for receiving benefits to care for a sick child is as follows:

20 days in a year for children under three years old;

15 days in a year for children aged three to under seven years old."
2. Amend Article 8 as follows:

"Article 8. Female military personnel and female public security officers who are pregnant or have given birth shall enjoy maternity leave benefits as stipulated in Articles 9 and 10 of this Regulation."

3. Add Article 22a as follows:

"Article 22a. Rest and recovery system:
1. Military personnel and public security officers who are entitled to salary shall be entitled to rest and recovery when they meet one of the following conditions:

Having contributed to social insurance for at least three years and experiencing a decline in health;

Not having fully recovered from illness, work-related injury, or occupational disease after treatment;

Female military personnel and female public security officers who are weak after maternity leave.
2. Military personnel and public security officers who are entitled to subsistence allowance after treatment for work-related injury or occupational disease and have not fully recovered shall be entitled to rest and recovery.
3. The duration of rest and recovery shall be between five and ten days in a year, depending on the degree of health decline of each individual; this time shall not be deducted from annual leave. The quota for rest and recovery for military personnel and public security officers shall be determined by the Ministry of National Defense and the Ministry of Public Security after consultation with the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Finance.
4. The funds for implementing rest and recovery shall be guaranteed by the social insurance fund at 0.6% of the total social insurance contributions based on actual salaries, which is allocated from the 5% of the total social insurance contributions of the unit, agency, or enterprise for the three systems of sickness, maternity, and work-related injury or occupational disease. The Vietnam Social Security shall organize the management, allocation, and settlement of funds for rest and recovery for the Ministry of National Defense and the Ministry of Public Security."
4. Amend Clause 4 of Article 23 as follows:

"Article 23.

4. Meeting the conditions specified in Clause 2 of Article 36 of the Officer Law of the People's Army of Vietnam in 1999 (applicable to professional soldiers as well); Article 23 of the Law on the People's Security Forces; and Article 33 of the Law on the People's Police Forces."
5. Amend and supplement Clauses 1, 2, and 3 of Article 25 as follows:

"Article 25.

1. Monthly pension shall be calculated based on the number of years of social insurance contribution and the average monthly salary used as the basis for social insurance contribution as follows: fifteen years of contribution equals 45% of the average monthly salary used as the basis for social insurance contribution as stipulated in Article 26 of this Regulation; thereafter, for each additional year of contribution, an additional 3% shall be added for female military personnel and public security officers and 2% for male military personnel and public security officers. The maximum monthly pension shall be 75% of the average monthly salary used as the basis for social insurance contribution.

2. For military personnel and public security officers who receive monthly pension according to the low levels prescribed in Clauses 1 and 2 of Article 24, the calculation of pension shall be as prescribed in Clause 1 of this Article, but for each year of early retirement before the age specified in Clauses 1, 2, and 3 of Article 23, there shall be a reduction of 1% of the average monthly salary used as the basis for social insurance contribution.

However, for male military personnel and public security officers aged 50 or older but under 55, and female military personnel and public security officers aged 45 or older but under 50, with at least 30 years of social insurance contribution, when retiring, they shall receive pension as calculated according to Clause 1 of this Article, but for each year of early retirement before the age specified in Clause 1 of Article 23, there shall be no reduction of 1% of the average monthly salary used as the basis for social insurance contribution.

3. In addition to monthly pension, male military personnel and public security officers with more than 30 years of social insurance contribution, and female military personnel and public security officers with more than 25 years of social insurance contribution, upon retirement, shall receive a one-time benefit calculated as follows: for each year of contribution beyond 30 years for male military personnel and public security officers, and beyond 25 years for female military personnel and public security officers, they shall receive half (1/2) of a month's average monthly salary used as the basis for social insurance contribution, but the maximum shall not exceed five months."

6. Amend and supplement Article 26 as follows:

"Article 26.
1. The method for calculating the average monthly salary used as the basis for social insurance contribution to determine the monthly pension and one-time benefit upon retirement as stipulated in Article 25 of this Regulation is as follows: calculate the average of the monthly salaries used as the basis for social insurance contribution in the last five years before retirement."
2. Military personnel and public security officers who have contributed to social insurance for at least 15 years at salary levels corresponding to heavy, hazardous, dangerous, or extremely heavy, hazardous, dangerous work (as listed in the occupational categories issued by the Ministry of Labor, Invalids and Social Affairs) and then switch to other jobs with lower salaries shall, upon retirement, base their pension calculation on the highest average social insurance contribution salary of the last five consecutive years during which they performed heavy, hazardous, dangerous work.
3. Public security officers who have served for at least 20 years and, at the request of the organization, transfer to work in Party, State, or mass organizations outside the public security force, if their retirement salary is lower than their active service salary, shall base their pension calculation on the average social insurance contribution salary of the last five years before transferring out of the public security force.
4. Public security officers who have served between 15 and less than 20 years and are transferred to work in Party, State, or mass organizations outside the public security force, or those who have served for at least 20 years and voluntarily request to transfer out of the public security force, if their average salary over the last five years before retirement is lower than their average salary during active service, shall base their pension calculation on the average social insurance contribution salary of ten years including the last five years before transferring out of the public security force and the last five years before retirement.
5. Military personnel who change careers before retiring shall implement social insurance benefits as stipulated in Clause 5, Article 6 and Article 7 of Decree No. 04/2001/ND-CP dated January 16, 2001, detailing the implementation of certain provisions of the Law on Officers of the Vietnam People's Army 1999.
6. Those entitled to pensions under Clauses 2, 3, 4, and 5 of this Article shall not be eligible for monthly allowances as prescribed in Article 3 of Decision No. 812/TTg dated December 12, 1995 of the Prime Minister.

7. Amend and supplement Article 27 as follows:

“Article 27.

1. Military personnel when demobilized (including those demobilized within one year) and public security officers when discharged, having contributed to social insurance for at least 20 years but not meeting the conditions to enjoy retirement benefits as stipulated in Article 23 or Clauses 1 and 2 of Article 24 of this Charter, shall receive demobilization or discharge allowances from the social insurance fund; if they voluntarily choose not to receive such allowances, they may wait until they reach the age to receive monthly retirement benefits or retain their social insurance contribution period for future contributions when conditions permit.

2. Military personnel when demobilized and public security officers when discharged but not yet of retirement age and not meeting the required social insurance contribution period as stipulated in Articles 23 and 24 of this Charter, if they wish not to receive demobilization or discharge allowances from the social insurance fund, shall be issued a social insurance card and retain their social insurance contribution period for future contributions when conditions permit.

8. Amend Clause 1 of Article 33 as follows:

"Article 33.
1. The one-time pension amount for the families of military personnel and public security officers in service (including cases stipulated in Article 27 of this Charter) who die, calculated based on the time of social insurance contributions, is half (1/2) month of the average monthly salary used as the basis for social insurance contributions in the last five years before death, as stipulated in Article 26 of this Charter, but not exceeding 12 months. For military personnel and public security officers receiving subsistence allowances, it is calculated based on a salary set at twice the minimum wage/month. The lowest one-time pension amount for military personnel and public security officers is six months of the minimum wage."

9. Add Article 33a as follows:

"Article 33a. The method of calculating the social insurance contribution period for benefit resolution is as follows: a period of three to six months of social insurance contributions is counted as half (1/2) year; more than six months is counted as one full year."

10. Add Clause 4 to Article 34 as follows:

"Article 34.

4. Interest income from the fund."

11. Amend and supplement Article 35 as follows:

"Article 35.
1. Each month, the financial agencies of the military and public security forces are responsible for contributing to social insurance according to Clause 1 of Article 34 and deducting from the salaries of military personnel and public security officers (including those assigned by the Ministry of National Defense and the Ministry of Public Security to work in non-military and non-public security economic organizations but still managed by the Ministry of National Defense and the Ministry of Public Security) according to Clause 2 of Article 34 of this Charter to contribute simultaneously to the social insurance fund. The monthly salary used as the basis for social insurance contributions includes rank pay or grade pay, seniority allowances, regional allowances, position allowances, hardship allowances, and retention coefficient (if applicable).
2. The periods during which female military personnel and female public security officers take leave before and after childbirth as stipulated in Articles 9 and 10, and the periods during which military personnel and public security officers take leave to care for newborn adopted children as stipulated in Article 11, shall be counted towards social insurance benefits. During these periods, military personnel and public security officers and the Ministry of National Defense and the Ministry of Public Security do not need to contribute to social insurance, which will be covered by the social insurance fund.

12/2025/TT-BNNMT dated June 19, 2025 issued by the Minister of Agriculture and EnvironmentReplace the term "Ministry of Home Affairs" as prescribed in Decree No. 45/CP dated July 15, 1995 with the term "Ministry of Public Security".

Article 3. This Decree takes effect fifteen days after its publication in the Official Gazette.

1. Repeal Decree No. 94/1999/NĐ-CP dated September 8, 1999 of the Government regarding amendments and supplements to certain articles of the Social Insurance Charter for officers, professional soldiers, non-commissioned officers, and soldiers of the Vietnam People's Army and the Public Security Force promulgated by Decree No. 45/CP dated July 15, 1995 of the Government.

2. Military personnel and public security officers who start enjoying social insurance benefits from January 1, 2003 onwards shall also apply the provisions of this Decree. The social insurance benefits of individuals enjoying social insurance prior to January 1, 2003 shall not be recalculated.

Article 4. The Minister of National Defense shall preside over and coordinate with the Ministry of Labor, War Invalids and Social Affairs, and the Ministry of Public Security to be responsible for guiding the implementation of this Decree after consulting with the Ministry of Finance.

Article 5. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree.