Consolidated Document number 92/VBHN-BQP on implementing the regime for military personnel participating in the resistance war against America to save the country who have been demobilized or discharged from the army with less than 20 years of service.

Pursuant to …;

Regarding the implementation of benefits for military personnel participating in the anti-American war to save the country who have less than 20 years of service in the military and have been demobilized and returned to their localities.

Decision No. 142/2008/QĐ-TTg dated October 27, 2008, of the Government on the implementation of benefits for military personnel participating in the anti-American war to save the country who have less than 20 years of service in the military and have been demobilized and returned to their localities, amended and supplemented by:

Decision No. 38/2010/QĐ-TTg dated May 6, 2010, of the Government on amending and supplementing Decision No. 142/2008/QĐ-TTg dated October 27, 2008, of the Government on the implementation of benefits for military personnel participating in the anti-American war to save the country who have less than 20 years of service in the military and have been demobilized and returned to their localities;

Decision No. 22/2025/QĐ-TTg dated July 10, 2025, of the Government amending and supplementing certain provisions of Decisions of the Government on benefits and policies for individuals participating in the resistance war, defense wars, and international missions under the management of the Ministry of National Defense.

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

Pursuant to the Law on Issuance of Regulatory Legal Documents dated November 12, 1996, amended and supplemented some articles on December 16, 2002;

Considering the proposal of the Minister of National Defense[1],

DECISION:

Article 1.

1. Scope of regulation and applicable subjects:

This Decision stipulates the implementation of benefits for military personnel participating in the anti-American war to save the country, enlisted before April 30, 1975, with less than 20 years of service in the military, who have been demobilized and returned to their localities and currently do not fall within the scope of enjoying retirement benefits, disability benefits, or monthly veteran benefits.

2. Subjects not covered

a[2]) Those who are currently receiving retirement benefits (excluding village cadres receiving retirement benefits), disability benefits, or monthly veteran benefits.

b) Those who belong to the subjects specified in Clause 1 of this Article but surrendered to the enemy, betrayed, or violated discipline and had their military titles revoked; as of the date this Decision takes effect, those who are serving a life sentence or have been convicted of offenses endangering national security and have not yet had their criminal records expunged.

c) Those who have already received one-time assistance benefits as prescribed in Point a, Clause 1, Article 1 of Decision No. 290/2005/QĐ-TTg dated November 8, 2005, and Clause 2, Article 1 of Decision No. 92/2005/QĐ-TTg dated April 29, 2005, of the Government shall not be entitled to one-time assistance benefits as prescribed in Article 3 of this Decision.

Article 2.

1. Military personnel participating in the anti-American war to save the country, enlisted before April 30, 1975, with at least 15 but less than 20 years of service in the military, who have been demobilized and returned to their localities (including those who continued working afterward and then stopped), shall be entitled to monthly assistance benefits based on the actual number of years served in the military; those with at least 15 years of service shall receive VND 600,000 per person per month; thereafter, for each additional year (at least 12 months), an additional 5% will be added to the initial assistance benefit level.

When the Government adjusts salaries and assistance benefits, the entitlements of the aforementioned subjects shall be adjusted accordingly.

2. If a person receiving monthly assistance benefits passes away, they shall cease to receive such benefits from the following month; the deceased's dependents shall be entitled to a one-time assistance benefit equal to three months' worth of the deceased's current monthly assistance benefit.

Article 2a[3].

1. Implementing the regime for military personnel participating in the resistance against the United States to save the country, who were conscripted before April 30, 1975, have been demobilized and returned to their hometowns, and then worked at communes, wards, or towns:

a) Those with less than 20 years of service in the military, who subsequently worked at communes, wards, or towns, have retired and are currently receiving monthly subsistence allowances or retirement benefits, shall be entitled to a one-time subsistence allowance;

b) Those with from 15 to less than 20 years of service in the military, who are currently working at communes, wards, or towns and receiving salaries from the state budget and participating in mandatory social insurance, if they meet the conditions to receive retirement benefits according to the provisions of Decree No. 152/2006/ND-CP dated December 22, 2006 of the Government guiding the implementation of certain articles of the Social Insurance Law on mandatory social insurance, shall be entitled to a one-time subsistence allowance; if they do not meet the conditions to receive retirement benefits as stipulated in the aforementioned decree, they shall be entitled to a monthly subsistence allowance;

c) Those with less than 15 years of service in the military, who are currently working at communes, wards, or towns and receiving salaries from the state budget and participating in mandatory social insurance, shall be entitled to a one-time subsistence allowance.

2. The level of entitlement to the regime is as follows:

a) The one-time subsistence allowance for the subjects specified in points a, b, and c of Clause 1 of this Article shall be implemented according to the provisions of Article 3 of Decision No. 142/2008/QD-TTg;

b) The monthly subsistence allowance for the subjects specified in point b of Clause 1 of this Article shall be implemented according to the provisions of Article 2 of Decision No. 142/2008/QD-TTg.

Article 3.

Military personnel participating in the resistance against the United States to save the country, who were conscripted before April 30, 1975, and have less than 15 years of service in the military, have been demobilized and returned to their hometowns (including those who continued working and then stopped working), shall be entitled to a one-time subsistence allowance calculated based on the actual number of years served in the military, with the specific level of entitlement as follows:

Having completed up to 2 years of actual service in the military, the subsistence allowance is 2,000,000 VND; from the third year onwards, each year entitles them to a subsistence allowance of 600,000 VND.

When calculating the time period for the one-time subsistence allowance, if there are fractional months, those with six months or more will be counted as a full year, and less than six months will be counted as half (1/2) year.

Article 4. For the subjects specified in Clause 1 of Article 2 who passed away before January 1, 2009, and those specified in Article 3 who passed away before the effective date of this Decision (including those who passed away while still serving), one of the following persons: spouse; father, mother; biological child, adopted child, or legally recognized foster child of the deceased person shall be entitled to a one-time subsistence allowance of 3,000,000 VND.

Article 5. The source of funds to implement the regimes prescribed in this Decision shall be guaranteed by the central government budget.

Article 6.

1. The verification and approval of the subjects entitled to the regime prescribed in this Decision must ensure transparency, strictness, accuracy, and convenience.

2. Those who engage in acts of falsifying or forging documents to obtain the regime shall be subject to disciplinary action or criminal prosecution and must compensate for any losses (if any) according to the provisions of the law.

Article 7.

1. The Ministry of National Defense shall take the lead and coordinate with the Ministry of Home Affairs[4]and the Ministry of Finance to be responsible for guiding the implementation of this Decision; directing the organization of the verification, review, issuance of decisions on monthly subsistence allowances, transferring to the Home Affairs sector[5] for implementation; verifying and disbursing the one-time subsistence allowance for the subjects.

2. The Ministry of Home Affairs[6] shall be responsible for directing the receipt, management, and disbursement of monthly subsistence allowances for the subjects according to the regulations.

3. The Ministry of Finance shall be responsible for allocating the annual budget to implement the regime and payment fees according to the provisions of the State Budget Law.

4. The Chairmen of the People's Committees of provinces and cities shall be responsible for directing and organizing the implementation of the regime for the subjects.

Article 8[7].

1. This Decision shall take effect from January 1, 2009.

2. Subjects who have already received a one-time allowance according to 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 the Prime Minister, and meet the conditions to switch to receiving a monthly allowance, the Ministry of Home Affairs shall collect the amount of the one-time allowance received and transfer it to the state budget.[8] carry out the recovery of the one-time grant already received into the state budget.

Article 9. The Ministers, Heads of ministerial-level agencies, Heads of central administrative agencies, Chairpersons of provincial People's Committees, and municipal People's Committees directly under the Central Government are responsible for implementing this Decision.

[1] Decision No. 38/2010/QĐ-TTg amending and supplementing Decision No. 142/2008/QĐ-TTg dated October 27, 2008 of the Prime Minister on the implementation of policies for military personnel participating in the resistance war against America to save the country with less than 20 years of service in the army who have been demobilized and returned to localities is based on the following grounds:

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

"Considering the proposal of the Minister of National Defense,"

Decision No. 22/2025/QĐ-TTg amending and supplementing some articles of Decisions of the Prime Minister on policies and benefits for subjects participating in the resistance war, wars to protect the Fatherland, and international missions under the management of the Ministry of National Defense is based on the following grounds:

"Pursuant to the Law on the Organization of the Government dated February 18, 2025;"

"Based on the proposal of the Minister of National Defense;"

"The Prime Minister promulgates this Decision amending and supplementing some articles of Decisions of the Prime Minister on policies and benefits for subjects participating in the resistance war, wars to protect the Fatherland, and international missions under the management of the Ministry of National Defense."

[2] This point has been amended and replaced according to the provisions of Clause 1, Article 1 of Decision No. 38/2010/QĐ-TTg amending and supplementing Decision No. 142/2008/QĐ-TTg dated October 27, 2008 of the Prime Minister on the implementation of policies for military personnel participating in the resistance war against America to save the country with less than 20 years of service in the army who have been demobilized and returned to localities, which took effect from July 1, 2010.

[3] This provision has been added according to the provisions of Clause 2, Article 1 of Decision No. 38/2010/QĐ-TTg amending and supplementing Decision No. 142/2008/QĐ-TTg dated October 27, 2008 of the Prime Minister on the implementation of policies for military personnel participating in the resistance war against America to save the country with less than 20 years of service in the army who have been demobilized and returned to localities, which took effect from July 1, 2010.

[4] The term "Labor - War Invalids and Social Affairs" has been replaced by the term "Home Affairs" according to the provisions of Clause 2, Article 4 of Decision No. 22/2025/QĐ-TTg amending and supplementing some articles of Decisions of the Prime Minister on policies and benefits for subjects participating in the resistance war, wars to protect the Fatherland, and international missions under the management of the Ministry of National Defense, which took effect from July 10, 2025.

[5] The term "Labor - War Invalids and Social Affairs" has been replaced by the term "Home Affairs" according to the provisions of Clause 2, Article 4 of Decision No. 22/2025/QĐ-TTg amending and supplementing some articles of Decisions of the Prime Minister on policies and benefits for subjects participating in the resistance war, wars to protect the Fatherland, and international missions under the management of the Ministry of National Defense, which took effect from July 10, 2025.

[6] The term "Labor - War Invalids and Social Affairs" has been replaced by the term "Home Affairs" according to the provisions of Clause 2, Article 4 of Decision No. 22/2025/QĐ-TTg amending and supplementing some articles of Decisions of the Prime Minister on policies and benefits for subjects participating in the resistance war, wars to protect the Fatherland, and international missions under the management of the Ministry of National Defense, which took effect from July 10, 2025.

[7] Article 4 and Article 5 of Decision No. 22/2025/QĐ-TTg amending and supplementing certain provisions of Decisions of the Government on the regime and policies for subjects participating in the resistance war, national defense wars, and international missions under the management of the Ministry of National Defense, which shall take effect from July 10, 2025, are stipulated as follows:

"Article 4. Implementation Provisions

1. This Decision shall take effect from July 10, 2025.

2. Replace the phrase "Labor - War Invalids and Social Affairs" with the phrase "Interior" in the following articles, clauses, and points:

- In Article 5 of Decision No. 47/2002/QĐ-TTg dated April 11, 2011, of the Prime Minister on the regime for military personnel, defense industry workers, and civil servants who participated in the resistance against France and were demobilized (discharged, resigned) before December 31, 1960;

- In Article 2 of Decision No. 188/2007/QĐ-TTg dated December 6, 2007, of the Prime Minister on amending and supplementing Decision No. 290/2005/QĐ-TTg dated November 8, 2005, of the Prime Minister on the regime and policies for certain subjects directly participating in the resistance against America to save the country but not yet enjoying the policy of the Party and State;

- In Clause 1, Clause 2 of Article 7, Clause 2 of Article 8 of Decision No. 142/2008/QĐ-TTg dated October 27, 2008, of the Prime Minister on implementing the regime for military personnel who participated in the resistance against America to save the country with less than 20 years of service in the military and were demobilized, discharged back to their localities;

- In point a, point b of Clause 1, point a, point b of Clause 2, Clause 3 of Article 9 of Decision No. 62/2011/QĐ-TTg dated November 9, 2011;

- In point a of Clause 1, Clause 2 of Article 8 of Decision No. 49/2015/QĐ-TTg dated October 14, 2015

3. Transitional Provisions

For files submitted for benefit application before this Decision takes effect and have not been reviewed and reported for benefit decision, the procedures, formalities, review authority, and issuance of benefit decisions shall be implemented according to this Decision; in cases where files for monthly allowance benefits under Decision No. 62/2011/QĐ-TTg for subjects in the Hanoi area have been reported to the Policy and Social Affairs Department of the General Political Department, the Policy and Social Affairs Department of the General Political Department shall issue the benefit decision.

Article 5. Responsibilities for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees, and municipal People's Committees directly under the central government are responsible for implementing this Decision."

Article 2 and Article 3 of Decision No. 38/2010/QĐ-TTg amending and supplementing Decision No. 142/2008/QĐ-TTg dated October 27, 2008, of the Prime Minister on implementing the regime for military personnel who participated in the resistance against America to save the country with less than 20 years of service in the military and were demobilized, discharged back to their localities, which shall take effect from July 1, 2010, are stipulated as follows:

“Article 2: This Decision shall take effect from July 1, 2010.

Article 3: Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees, and municipal People's Committees directly under the central government are responsible for implementing this Decision./.

[8] The term "Labor - War Invalids and Social Affairs" has been replaced by the term "Home Affairs" according to the provisions of Clause 2, Article 4 of Decision No. 22/2025/QĐ-TTg amending and supplementing some articles of Decisions of the Prime Minister on policies and benefits for subjects participating in the resistance war, wars to protect the Fatherland, and international missions under the management of the Ministry of National Defense, which took effect from July 10, 2025.