The One-Time Allowance for People's Public Security Forces Participating in the Anti-American Resistance from October 10, 2023: How Much?
In which cases are Vietnam People's Public Security forces who participated in the anti-American resistance entitled to a lump-sum allowance?
On August 25, 2023, the Minister of Public Security issued Circular 41/2023/TT-BCA, which stipulates the implementation of allowance policies for officers and soldiers of the Vietnam People's Public Security who participated in the anti-American resistance with less than 20 years of service in the Public Security force and have since retired or been discharged to the locality.
According to Clause 1, Article 5 of Circular 41/2023/TT-BCA, which provides for a lump-sum allowance:
Lump-sum allowance policy
1. Officers and soldiers specified at Point a, Clause 1, Article 2 of this Circular (except for cases specified in Clause 3, Article 3 of this Circular) who fall into one of the following cases are entitled to a lump-sum allowance policy:
a) The period of service eligible for policy benefits is less than 15 years;
b) The period of service eligible for policy benefits is less than 15 years; after retiring or being discharged to the locality, continue to work in a commune, ward, or commune-level town participating in mandatory or voluntary social insurance but not eligible to receive a monthly pension according to regulations of the social insurance law,
c) The period of service eligible for policy benefits is less than 20 years; after retiring or being discharged to the locality, continue to work in a commune, ward, or commune-level town receiving wages from the state budget, participating in mandatory social insurance, eligible for a monthly allowance or monthly pension according to regulations of the social insurance law.
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According to Point a, Clause 1, Article 2 of Circular 41/2023/TT-BCA, which stipulates the subjects eligible for allowance policies:
Subjects of application
1. This Circular applies to:
a) Officers and soldiers who fall under the cases specified in Article 2 and Clause 1, Article 8 of Decision No. 53/2010/QD-TTg dated August 20, 2010, by the Prime Minister of the Government of Vietnam, which stipulates the policies for officers and soldiers who participated in the anti-American resistance with less than 20 years of service in the Public Security force and have since retired or been discharged to the locality (hereinafter referred to as Decision No. 53/2010/QD-TTg).
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Therefore, officers of the Vietnam People's Public Security who participated in the anti-American resistance with less than 20 years of service in the Public Security force and have since retired or been discharged to the locality are entitled to a lump-sum allowance. Specifically, as follows:
- The period of service eligible for policy benefits is less than 15 years;- The period of service eligible for policy benefits is less than 15 years; after retiring or being discharged to the locality, continue to work in a commune, ward, or commune-level town participating in mandatory or voluntary social insurance but not eligible to receive a monthly pension;- The period of service eligible for policy benefits is less than 20 years; after retiring or being discharged to the locality, continue to work in a commune, ward, or commune-level town receiving wages from the state budget, participating in mandatory social insurance, eligible for a monthly allowance or monthly pension.
From October 10, 2023, what is the lump-sum allowance for Vietnam People's Public Security forces who participated in the anti-American resistance?
From October 10, 2023, what is the lump-sum allowance for Vietnam People's Public Security forces who participated in the anti-American resistance?
According to Clause 2, Article 5 of Circular 41/2023/TT-BCA which provides for a lump-sum allowance policy:
Lump-sum allowance policy
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2. The calculation method for the lump-sum allowance is based on the number of years of service eligible for policy benefits, specifically: For up to 02 years (24 months), the one-time allowance is 2,500,000 VND; from the 3rd year onwards, for each year, an additional 800,000 VND is added to the one-time allowance.
The one-time allowance is calculated according to the formula:
Allowance = 2,500,000 VND + [(number of years of service eligible for policy benefits - 2 years) x 800,000 VND/year]
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Hence, the one-time allowance for Vietnam People's Public Security forces who participated in the anti-American resistance is as follows:
- For up to 02 years (24 months) of service, the one-time allowance is 2,500,000 VND;- From the 3rd year onwards, for each year, an additional 800,000 VND is added to the one-time allowance.
The one-time allowance is calculated as follows:
Allowance = 2,500,000 VND + [(number of years of service eligible for policy benefits - 2 years) x 800,000 VND/year]
What is the regulation if Vietnam People's Public Security forces who participated in the anti-American resistance pass away before receiving the lump-sum allowance?
According to Clause 2, Article 5 of Circular 41/2023/TT-BCA, the regulation for Vietnam People's Public Security forces who participated in the anti-American resistance and pass away before receiving the lump-sum allowance is as follows:
- If they pass away after October 15, 2010, their spouse, biological parents, biological children, adopted children, or lawful caregivers can receive the lump-sum allowance.- If they pass away before October 15, 2010, their spouse, biological parents, biological children, adopted children, or lawful caregivers can receive a lump-sum allowance of 3,600,000 VND.
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