Vietnam: From April 15, 2022, what are the benefits and policies for national defense workers and officials who quit their jobs?
- What are the benefits for national defense workers and officials who quit their jobs?
- What are the benefits and policies applied to national defense workers and officials who have quit their jobs and returned to the locality within a period of no more than 01 year (12 months) from the date of resignation decision?
- What are the regulations on the salary and working time to count the benefits?
- From what source does the guarantee funding come from?
On February 22, 2022, the Government issued Decree 19/2022/ND-CP of Vietnam stipulating measures to implement regimes and policies for professional servicemen and women, national defense workers and officials who change jobs, national defense workers and officials who resign under the provisions of the Law on professional servicemen and women, national defense workers and officials. According to that, the benefits and policies for national defense workers and officials who resign are mentioned as follows:
What are the benefits for national defense workers and officials who quit their jobs?
Resigned national defense workers and officials are entitled to the following benefits:
- To enjoy social insurance and other benefits (if any) in accordance with current law.
- To be entitled to a lump-sum allowance, for each working year, they are entitled to a subsidy equal to 01 month's salary of the month preceding the termination of their employment, which is paid by agencies, units and enterprises managing the national defense workers and officials under the Ministry of Defense before severance.
From April 15, 2022, what are the benefits and policies for national defense workers and officials who quit their jobs?
What are the benefits and policies applied to national defense workers and officials who have quit their jobs and returned to the locality within a period of no more than 01 year (12 months) from the date of resignation decision?
- If they are recruited to work in agencies and organizations receiving salaries from the state budget, they shall be entitled to the regime of changing industries according to the provisions of Clause 1, Article 2 of this Decree, and at the same time must return the lump-sum allowance specified in Clause 2 of this Article and the lump-sum social insurance allowance (received) in accordance with the law on social insurance. Heads of agencies, units and enterprises where national defense workers and officers work before quitting, direct the withdrawal of the decision on severance and the aforesaid allowances; issue a decision or report to the competent authority to make the decision to switch majors; pay the collected subsidies to the state budget and the specialized collection account of the Social Insurance of the Ministry of Defense of Vietnam; complete the application file for Social Insurance of the Ministry of Defense of Vietnam for certification, reserve the previous period of social insurance payment as prescribed.
- If they are recruited to work at enterprises or units that do not receive salaries from the state budget but wish to reserve the time of social insurance payment, they must return the lump-sum social insurance allowance (received) in accordance with the law on social insurance. Heads of agencies, units and enterprises where national defense workers and officers work before resigning, direct the recovery of the lump-sum social insurance allowance paid to the collection account of the Ministry of Defense of Vietnam; complete the application file for Social Insurance of the Ministry of National Defense for certification, reserve the previous period of social insurance payment as prescribed. When eligible for pension, the calculation of the average monthly salary on which social insurance premiums are based shall not be applied as the basis for calculating the pension according to the provisions of Point d Clause 1 Article 2 of this Decree.
- In case the agency, unit or enterprise where the national defense workers and officials work before quitting, is merged or dissolved, the provisions of Point c, Clause 4, Article 2 of this Decree shall be applied.
- The time the national defense workers and officials leave their jobs and return to the locality is not counted as the working time participating in social insurance.
What are the regulations on the salary and working time to count the benefits?
Salary to count benefits
The monthly salary used to calculate the one-time allowance or severance allowance specified at Point dd Clause 1, Point b Clause 2 Article 2 and Clause 2, Article 3 of this Decree is the salary used as the basis for payment of social insurance premiums. of the month preceding the professional soldier, defense worker and public employee's change of occupation or resignation, including: Salary by type, group, and grade for professional soldiers and defense workers; groups, ranks and grades for defense officers and position allowances, seniority allowances, over-frame seniority allowances and the reserved difference (if any).
Working time to count benefits
- The working time to calculate the one-time allowance regime specified at Point b, Clause 2, Article 2 and Clause 2, Article 3 of this Decree is the total working time in the Army (including: Time as an officer or soldier. professional employees, non-commissioned officers, soldiers, civil servants, national defense workers and officers) and working time at agencies and organizations receiving salaries from the state budget with payment of social insurance, except have enjoyed a one-time allowance when serving, demobilizing, changing industries, or resigning.
- If the working time specified at Point a of this Clause is interrupted, it will be accumulated; if there is an odd month, it shall be calculated as follows: Under 03 months shall not be counted, from full 03 months to full 06 months shall be counted as 1/2 year, from above 06 months to less than 12 months shall be counted as 01 year.
From what source does the guarantee funding come from?
Funding sources for the implementation of the one-time allowance, severance allowance for the time working in the Army and the time working at the agency or organization receiving salary from the state budget are specified at Point dd, Clause 1, Point b, Clause 2, Article 2 and Clause 2, Article 3 of this Decree are guaranteed by the state budget in accordance with the Law on State Budget.
Decree 19/2022/ND-CP of Vietnam officially takes effect from April 15, 2022.
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