Provisions for People's Public Security Personnel Participating in the Anti-American War Who Passed Away Without Receiving One-Time Allowance
What is the provision for People's Police participating in the resistance against America who passed away before receiving a one-time 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 People's Police who participated in the resistance against America and have less than 20 years of service in the People's Police, who have resigned, and demobilized to localities.
Clause 2 of Article 5 in Circular 41/2023/TT-BCA stipulates the case of People's Police who participated in the resistance against America passing away before receiving a one-time allowance as follows:
(1) People's Police who participated in the resistance against America and passed away after October 15, 2010, their surviving spouse, biological parents, biological children, adopted children, or legal guardians of the deceased shall receive the one-time allowance.
(2) People's Police who participated in the resistance against America and passed away before October 15, 2010, their surviving spouse, biological parents, biological children, adopted children, or legal guardians of the deceased shall receive a one-time allowance of 3,600,000 VND.
What is the provision for People's Police participating in the resistance against America who passed away before receiving a one-time allowance?
What is the amount of the one-time allowance for People's Police participating in the resistance against America from October 10, 2023?
Based on Clause 2, Article 5 of Circular 41/2023/TT-BCA stipulating the one-time allowance policy:
One-time Allowance Regime
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2. The calculation of the one-time allowance is based on the number of years of service eligible for policies, specifically: For full 2 years (24 months) or less, the one-time allowance is 2,500,000 VND; from the 3rd year onwards, an additional 800,000 VND is added for each year.
The one-time allowance is calculated as follows:
Allowance Amount = 2,500,000 VND + [(Number of years of service eligible for policies — 2 years) x 800,000 VND/year]
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Thus, People's Police participating in the resistance against America will receive a one-time allowance as follows:
- People's Police participating in the resistance against America with less than or equal to 2 years (24 months) of service, the one-time allowance is 2,500,000 VND;
- People's Police participating in the resistance against America with more than 2 years of service, an additional 800,000 VND is added for each additional year.
The one-time allowance is calculated as follows:
Allowance Amount = 2,500,000 VND + [(Number of years of service eligible for policies - 2 years) x 800,000 VND/year]
In which cases do People's Police participating in the resistance against America receive a one-time allowance?
Based on Clause 1, Article 5 of Circular 41/2023/TT-BCA stipulating the one-time allowance policy:
One-time Allowance Regime
1. Officers and soldiers stipulated in Point a, Clause 1, Article 2 of this Circular (except for cases stipulated in Clause 3, Article 3 of this Circular) in one of the following cases shall receive the one-time allowance policies:
a) Has a service period eligible for policies of less than 15 years;
b) Has a service period eligible for policies of less than 15 years; after demobilization and returning to localities, continue working in communes, wards, or commune-level towns with mandatory or voluntary social insurance participation, but do not qualify for monthly pension under the social insurance law,
c) Has a service period eligible for policies of less than 20 years; after demobilization and returning to localities, participate in work in communes, wards, or commune-level towns, receive salary from the state budget, participate in mandatory social insurance, and qualify for monthly allowance or pension under the social insurance law.
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Based on Point a, Clause 1, Article 2 of Circular 41/2023/TT-BCA stipulating the subjects applying the allowance policies:
Subjects of Application
1. This Circular applies to:
a) Officers and soldiers in cases stipulated 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 regulates policies for officers and soldiers participating in the resistance against America with less than 20 years of service in the People's Police, who have resigned and demobilized to localities (hereinafter referred to as Decision No. 53/2010/QD-TTg).
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Thus, People's Police participating in the resistance against America with less than 20 years of service in the People's Police, who have resigned and demobilized to localities receive a one-time allowance. Specifically, as follows:
- Has a service period eligible for policies of less than 15 years;
- Has a service period eligible for policies of less than 15 years; after demobilization and returning to localities, continue working in communes, wards, or commune-level towns with mandatory or voluntary social insurance participation but do not qualify for a monthly pension;
- Has a service period eligible for policies of less than 20 years; after demobilization and returning to localities, participate in work in communes, wards, or commune-level towns, receive salary from the state budget, participate in mandatory social insurance, and qualify for a monthly allowance or pension.
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