What are the benefits, policies for professional servicemen dying during military service time in Vietnam?
- What are the benefits, policies for professional servicemen dying during military service time in Vietnam?
- What are the regulations on the lump-sum allowance for relatives of professional servicemen dying during military service time in Vietnam?
- Will professional servicemen directly participating in combat during the war period before dying be received increased allowances?
What are the benefits, policies for professional servicemen dying during military service time in Vietnam?
Pursuant to Article 42 of the Law on Professional servicemen, National Defense Workers and Officials 2015 stipulates as follows:
Benefits, policies for professional servicemen, National defense workers and officials having injuries, sacrificing their lives or dying during military service time
1. Professional servicemen and national workers and officials shall be entitled to policies on war invalids if having injuries during missions;
2. Relatives of professional servicemen, National defense workers and officials who sacrifice their lives shall be entitled to all benefits according to the Law on Preferential treatment to people with meritorious services to the Revolution, social insurance benefits according to the Law on Social Insurance and one-time benefit.
3. Relatives of professional servicemen, National defense workers and officials who die shall be entitled to benefits, policies according to the Law on social insurance and one-time benefit.
4. The Government shall prescribe one-time benefits in Clauses 2 and 3, this Article.
Thus, for professional servicemen dying during military service time, their relatives will be received social insurance benefits and policies and lump-sum allowance.
What are the regulations on the lump-sum allowance for relatives of professional servicemen dying during military service time in Vietnam?
The lump-sum allowance in this case is specified in Clause 2, Article 6 of Decree 151/2016/ND-CP as follows:
"Article 6. Benefits, policies for professional servicemen, National defense workers and officials dying during military service time
Benefits, policies for professional servicemen, National defense workers and officials dying during military service time according to Clauses 2 and 3, Article 42 of the Law shall be implemented as follows:
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2. For professional servicemen, National defense workers and officials dying during military service time, relatives of professional servicemen, National defense workers and officials shall be entitled to bs and policies in accordance with the law on social insurance and one-time allowances, each year of work is subsidized by 01 month's salary of the month immediately preceding his death.
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And according to the provisions of Clause 1, Article 7 of Circular 162/2017/TT-BQP guiding the lump-sum allowance for the service period before death is calculated as follows:
Lump sum benefit - Total service period x salary of the month preceding the month in which a person died
Will professional servicemen directly participating in combat during the war period before dying be received increased allowances?
In Clause 2, Article 7 of Circular 162/2017/TT-BQP, this content is stipulated as follows:
Benefits for non-commissioned officers, defense workers and defense public employees who died during military service
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2. In the cases where a non-commissioned officer directly joins the fight, serves the fight or works in the disadvantaged areas or engages in the areas of special nature before death, the relatives mentioned in Clause 1 of this Article shall be eligible for lump sum benefits provided for the extra period due to conversion prescribed in Article 7 of the Decree No. 151/2016/ND-CP and Article 8, Article 9 of this Circular.
Thus, for professional servicemen directly participating in combat during the war period before their death, they will be entitled to a lump-sum allowance for the additional time due to conversion according to the provisions of Article 7 of Decree 151/2016/ND -CP as follows:
"Article 7. Lump-sum allowance for professional servicemen, National defense workers and officials who have time to directly fight, serve in combat or work in difficult areas or professions of a specific nature when they leave service in the Army or sacrifice, die during military service time
Professional servicemen, National defense workers and officials who have time to directly fight, serve in combat or work in difficult areas or professions of a specific nature shall be entitled to lump-sum allowances upon retirement, serving, resigning, transferring branches, taking leave under the military sick regime or sacrifice, die during military service time according to Clause 5, Article 40, Clause 4, Article 41 of the Law, as follows:
a) Having a period of direct combat and combat service, that time shall be converted according to the coefficient of 01 year equal to 01 year and 06 months;
b/ Having worked in an area with a special allowance of 100% or working in a military-specific occupation or job classified as particularly heavy, hazardous or dangerous labor, that time shall be converted according to the coefficient of 01 year equal to 01 year and 04 months;
c/ Having worked in an area with a regional allowance of 0.7 or higher or working in military-specific occupations or jobs classified as heavy, hazardous or dangerous labor, such time shall be converted by a factor of 01 year equal to 01 year and 02 months.
In case of the same working period, if there are 02 or 03 conditions mentioned above, they will only be entitled to the highest conversion rate; the working time is converted if interrupted, it is accumulated to calculate the allowance.
2. The period of increase due to conversion specified in Clause 1 of this Article shall be counted as lump-sum allowances at the rate of one additional year due to the conversion of subsidized equal to 01 month's salary of the adjacent month before resigning from service in the Army or sacrificing, dying."
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