Procedures for Resolving Severance Allowance Policies for Officials in the Military: Regulations and Guidelines
Conditions for receiving severance allowance for officials in the military
According to the provisions of Clause 1, Article 2 of Circular 148/2010/TT-BQP, officials who resign at their own request, with the consent of the head of the competent authority or unit, are eligible for severance allowance if they meet one of the following conditions:
- They have not completed their tasks for two consecutive years as stipulated in Clause 3, Article 58 of the Law on Cadres and Civil Servants 2008;- Their working capacity is reduced by 61% or more, but they have not yet accumulated 20 years of social insurance contributions;- They have reached retirement age (60 for men, 55 for women) but have not yet accumulated 20 years of social insurance contributions, making them eligible for severance allowance policies.
Procedures for resolving severance allowance policies for officials in the military
Dossier for resolving severance allowance policies for officials in the military
Based on Clause 2, Article 4 of Circular 148/2010/TT-BQP, the dossier for resolving severance allowance policies for each case includes the following:
Procedures and dossier
1. Procedures for resolving resignation
Follow the provisions in Article 4 of Decree No. 46/2010/ND-CP.
2. Dossier for resolving allowance policies
The dossier for resolving severance allowance policies for each case includes:
a) Resignation application: 1 copy (for those who wish to resign);
b) Resignation decision by the competent authority: 5 copies (issued and established by the personnel management agency, presented to the head of the unit for approval; 2 copies for the individual, 1 copy for the financial agency, 1 copy for the social insurance agency, 1 copy for the personnel management agency);
c) Decision on the implementation of severance allowance policies: 4 copies (attached annex to this Circular; 1 copy for the individual, 1 copy for the financial agency, 1 copy for the policy agency, 1 copy for the personnel management agency).
The personnel management agency (Cadres, Military Force) under the management of officials is responsible for establishing the Decision on implementing severance allowance policies; the equivalent policy agency is responsible for appraisal, submission to the head of the unit for approval, and consolidating reports to the superior policy agency.
3. Authority for making decisions, decentralizing the management of officials according to the regulations of the Central Military Commission Party and the Ministry of Defense.
Thus, the dossier for resolving severance allowance policies includes:
- Resignation application: 1 copy (for those who wish to resign);- Resignation decision by the competent authority: 5 copies (issued and established by the personnel management agency, presented to the head of the unit for approval; 2 copies for the individual, 1 copy for the financial agency, 1 copy for the social insurance agency, 1 copy for the personnel management agency);- Decision on the implementation of severance allowance policies: 4 copies (attached annex to Circular 148/2010/TT-BQP; 1 copy for the individual, 1 copy for the financial agency, 1 copy for the policy agency, 1 copy for the personnel management agency).
The personnel management agency (Cadres, Military Force) is responsible for establishing the Decision on implementing severance allowance policies; the equivalent policy agency is responsible for appraisal, submission to the head of the unit for approval, and consolidating reports to the superior policy agency.
Procedures for resolving severance allowance policies for officials in the military
According to Clause 1, Article 4 of Circular 148/2010/TT-BQP, the procedures for resolving severance allowance policies for officials in the military are implemented according to Article 4 of Decree 46/2010/ND-CP. Specifically:
(1) In the case of voluntary resignation:
- The civil servant must submit an application to the competent authority, organization, or unit;- Within 30 days from the date of receiving the application, if the competent authority agrees to the resignation, it will issue a written decision; if not, it will respond to the official in writing, clearly stating the reasons according to Point c, Clause 1, Article 4 of Circular 148/2010/TT-BQP;
- Reasons for not resolving resignation:
+ The civil servant is undergoing rotation, secondment, under disciplinary review, or under criminal investigation;+ The civil servant has not served the minimum time committed to the agency, organization, or unit upon recruitment;+ The civil servant has not completed settling financial obligations or property responsibilities toward the agency, organization, or unit;+ Due to work requirements of the agency, organization, unit, or inability to arrange a replacement.
(2) In the case of resignation due to not completing tasks for two consecutive years:
- Within 30 days from the date of task evaluation results, the competent authority must notify the official in writing about the resignation resolution, except for cases stipulated in Clause 4, Article 59 of the Law on Cadres and Civil Servants 2008.
- Within 30 days from the date of the written notification, the competent authority must issue a resignation decision.
(3) Within 30 days from the date the resignation decision is issued, the competent authority must pay the severance allowance to the official.
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