Military Personnel Who Have Been Discharged or Retired and Participated in the War Against America are Entitled to a 12.5% Monthly Allowance Increase According to Circular 82/2023/TT-BQP
Service Members Who Retired or Were Discharged and Participated in Anti-American Resistance to Receive a 12.5% Monthly Allowance Increase per Circular 82/2023/TT-BQP?
Based on Clause 1, Article 3 of Circular 82/2023/TT-BQP stipulates a 12.5% increase in the monthly allowance for the following subjects starting from June 2023:
- Service members who retired or were discharged and are currently receiving monthly allowances per Decision 142/2008/QD-TTg of the Prime Minister of the Government of Vietnam on implementing policies for service members who participated in the anti-American resistance war with less than 20 years of service in the army, retired or discharged and returned to their localities; Decision 38/2010/QD-TTg of the Prime Minister of the Government of Vietnam on amending and supplementing Decision 142/2008/QD-TTg.
- Service members, personnel working in cryptographic roles paid as service members who retired, were discharged or resigned, are currently receiving monthly allowances as stipulated in Decision 62/2011/QD-TTg of the Prime Minister of the Government of Vietnam on policies for subjects participating in the war for national protection, international missions in Cambodia, and assisting Laos after April 30, 1975, who have retired, were discharged, or resigned.
Therefore, according to the new regulation, service members who retired or were discharged and are receiving monthly allowances per Decision 142/2008/QD-TTg will have their monthly allowances increased by 12.5%.
How to Calculate the Monthly Allowance for Retired or Discharged Service Members?
Based on the provisions of Article 3 of Circular 82/2023/TT-BQP, the monthly allowance for retired or discharged service members is calculated as follows:
- The monthly allowance for retired or discharged service members will be calculated using the formula:
| Monthly Allowance from July 2023 | = | Monthly Allowance in June 2023 | x | 1.125 || --- | --- | --- | --- | --- |
- The monthly allowance for retired or discharged service members after the adjustment:
+ From 15 years to less than 16 years, the allowance is 2,285,000 VND/month;
+ From 16 years to less than 17 years, the allowance is 2,388,000 VND/month;
+ From 17 years to less than 18 years, the allowance is 2,494,000 VND/month;
+ From 18 years to less than 19 years, the allowance is 2,598,000 VND/month;
+ From 19 years to less than 20 years, the allowance is 2,700,000 VND/month.
Service Members Who Retired or Were Discharged and Participated in Anti-American Resistance to Receive a 12.5% Monthly Allowance Increase per Circular 82/2023/TT-BQP?
Conditions for Professional Service Members to Retire?
Based on Article 20 of the Law on Professional Army Men and Defense Employees 2015, the cases for ceasing active service are regulated as follows:
Cases for Ceasing Active Service
Professional service members cease to serve in the cases mentioned below:
1. Expiry of the service duration as stipulated at Point a, Clause 1, Article 17 of this Law;
2. After 6 years from the date of the decision to become a professional service member as stipulated at Point b, Clause 1, Article 17 of this Law, if there is a desire to cease active service and it is approved by the competent authority;
3. Reaching the highest age limit as stipulated at Clause 2, Article 17 of this Law;
4. When the army cannot arrange utilization as stipulated at Clause 4, Article 17 of this Law;
5. Due to changes in organizational structure and the army no longer has the need to arrange utilization;
6. When political qualities, ethics do not meet the task requirements or do not complete responsibilities, tasks for 2 consecutive years as stipulated at Point d, Clause 2, Article 9 of this Law;
7. No longer meeting health standards.
Accordingly, professional service members must fall under the cases mentioned above to retire.
Additionally, Clause 4, Article 22 of the Law on Professional Army Men and Defense Employees 2015 provides conditions for ceasing active service as follows:
Conditions for Ceasing Active Service
1. Professional service members may retire if they meet one of the following conditions:
a) Reaching the highest age limit of active service as stipulated at Clause 2, Article 17 of this Law and having over 20 years of social insurance contributions;
b) Male professional service members have served for 25 years, female professional service members have served for 20 years in the army and due to changes in organizational structure and the army no longer has the need to arrange utilization;
c) As stipulated at Clause 4, Article 17 of this Law.
2. Professional service members may retire on invalidity benefits when health deteriorates as stipulated by law.
3. Professional service members currently in active service may transfer to another sector when approved by the competent authority and received by the destination agency or organization.
4. Professional service members not in the cases stipulated in Clauses 1, 2, or 3 of this Article may retire.
Professional service members cease active service and can retire when they do not fall under cases of retirement on account of the highest age limit, invalidity benefits due to health deterioration, or sector transfer when approved by the competent authority and accepted by the destination agency or organization.
Circular 82/2023/TT-BQP takes effect from December 19, 2023. However, the provisions of Circular 82/2023/TT-BQP are implemented from July 1, 2023.
LawNet