Decree No. 94/1999/NĐ-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 the amendment and supplementation of some articles 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

 ___________________________

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, Invalids and Social Affairs,

DECREE:

Article 1.Amend and supplement some articles 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 as follows:

Clause 2 of Article 25 shall be amended and supplemented as follows:

"2. For military personnel and police officers who enjoy monthly retirement benefits according to the provisions of Clauses 1 and 2 of Article 24, the monthly pension shall be calculated as stipulated 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, it shall be reduced by 1% of the average monthly salary used as the basis for social insurance contributions.

However, for military personnel and police officers who have contributed to social insurance for 30 years or more and are aged 50 to under 55 (for males) or 45 to under 50 (for females), when retiring, they will receive a pension calculated as stipulated in Clause 1 of Article 25, without reducing 1% of the average monthly salary used as the basis for social insurance contributions for each year of early retirement."

2. Add the following at the end of Article 26:

"For military personnel and police officers who transfer to other jobs or leave the military and police forces to work elsewhere, the specific calculation method is as follows:

a) Military personnel and police officers who have worked in heavy, hazardous, or extremely hazardous jobs (as defined by the Ministry of Labor, Invalids and Social Affairs) for 15 years or more and then transfer to other jobs with lower salaries, upon retirement, their pension will be based on the average monthly salary used for social insurance contributions during the last five years working in heavy, hazardous, or extremely hazardous jobs.

b) Military personnel and police officers who have served for 20 years or more and are transferred to work in civilian organizations outside the armed forces at the request of the organization, if their retirement salary is lower than their salary while serving, their pension will be based on the average monthly salary used for social insurance contributions during the last five years before transferring out of the armed forces.

c) Military personnel and police officers who have served for 15 to less than 20 years and are transferred as mentioned above, or those who have served for 20 years or more and voluntarily transfer out of the military and police forces, if their retirement salary is lower than their salary while serving, their pension will be based on the average monthly salary used for social insurance contributions over the last ten years (including the last five years before transferring and the last five years before retirement).

Those who are entitled to a pension according to any of the three cases above shall not be entitled to monthly allowances as stipulated in Article 3 of Decision No. 812/TTg dated December 12, 1995 of the Prime Minister."

3. Add Clause 4 to Article 34 as follows:

"4. The time that female military personnel and police officers take off work before and after childbirth as stipulated in Clauses 1 and 2 of Article 10 shall be counted towards the period for enjoying social insurance benefits. During this period, the Ministry of National Defense, the Ministry of Public Security, and female military personnel and police officers do not need to pay social insurance contributions; this part shall be covered by the social insurance fund."

Article 2.

This Decree shall take effect 15 days from the date of signature.

2. Cases that have already enjoyed social insurance benefits before the effective date of this Decree shall not be adjusted.

Article 3. The Ministers of the Ministries of National Defense, Public Security, and Labor, Invalids and Social Affairs are responsible for guiding the implementation of this Decree.

Article 4.The Ministers of the Ministries, Heads of agencies equivalent to ministries, Heads of government agencies, Chairmen of provincial and municipal people's committees directly under the central government, and the General Director of the Vietnam Social Security are responsible for implementing this Decree./.