Policy for professional military personnel, defense officers changing professions

The Government has just issued Decree 19/2022/ND-CP stipulating measures to implement regimes and policies for professional military personnel, workers and defense employees who change jobs, effective from April 15. 2022.

Policies for professional military personnel, defense officers changing professions

Policies for professional soldiers and defense officers changing professions (Illustration image)

1. In case of changing industry to working at state agencies

In Clause 1, Article 2 of Decree No. 19/2022/ND-CP stipulating regimes and policies for professional soldiers, defense workers and public employees who switch branches to work at state agencies and major organizations. Politics and socio-political organizations receiving salaries from the state budget (hereinafter abbreviated as agencies and organizations receiving salaries from the state budget) are as follows:

1.1 Salary regime

* For professional soldiers:

- Be ranked and receive salary according to new jobs and new positions from the effective date of the decision to change majors.

In case the salary by group, rank or grade is ranked lower than the salary according to the type, group or grade of the professional military personnel enjoyed at the time of switching , the salary and seniority allowances at the time of switching are reserved. within 18 months from the effective date of the decision to change majors and shall be paid by the new agency or organization.

- The continuation of the reserve salary payment beyond the 18-month period shall be considered and decided by the head of the agency competent to manage cadres, civil servants and public employees in accordance with the internal salary correlation.

- During the period of enjoying the salary reservation, the difference in the salary difference will decrease accordingly when the cadres, civil servants and public employees are entitled to a salary increase or a seniority allowance that exceeds the bracket within the quota bracket or is promoted to a rank.

- After the salary reservation period, they will continue to enjoy the seniority allowance at the time of changing majors or be added to calculate the seniority allowance in the industries entitled to the seniority allowance.

Note: The seniority allowance after the salary retention period (18 months) for professional soldiers who change their profession to work at agencies and organizations receiving salaries from the state budget is implemented until the Government The Government promulgates legal documents detailing and guiding the implementation of the new salary regime according to Resolution 27-NQ/TW dated May 21, 2018.

* For national defense workers and officers:

National defense workers and officers shall be classified and paid according to new jobs and positions from the effective date of the decision to change sectors.

1.2 Policy on social insurance

- Professional soldiers, workers and defense officers who have changed industries are eligible for pension , if the average monthly salary on which social insurance premiums are based as a basis for calculating pensions at the time of retirement is lower. the average monthly salary on which social insurance premiums are based at the time of changing professions, the average monthly salary on which social insurance premiums are based at the time of changing majors shall be converted according to the salary regime specified at the time of leave. retirement as a basis for calculating pension.

- Professional soldiers, defense workers and public employees who have changed jobs, if they are not eligible for pension, but quit their jobs , in addition to the social insurance benefits as prescribed, they will be entitled to the severance allowance due to the unemployment benefits. agencies and organizations receiving salaries from the state budget shall manage and employ cadres, civil servants and public employees at the time of resignation; in there:

+ For each year of service in the Army, the allowance is equal to 01 month's salary of the month preceding the change of occupation, converted according to the salary regime prescribed at the time of resignation to serve as a basis for calculating severance allowance. ;

+ The period of working at an agency or organization receiving salary from the state budget and severance allowance shall comply with the provisions of the labor law and the law on cadres, civil servants and public employees at the time of resignation. job.

1.3 Other policies

- Priority is given to job placement suitable to professional, technical and professional occupations; be trained and retrained in the necessary expertise and skills appropriate to the job they undertake.

- To be exempted from the entrance examination and selection examination if they change their major to their old agency before serving in the Army or change their major at the request of a competent state agency.

2. Switching industries to enterprises and units that do not receive salaries from the state budget

According to Clause 2, Article 2 of Decree 19/2022/ND-CP , professional soldiers, defense workers and public employees who change their professions to work at enterprises and units that do not receive salaries from the state budget are entitled to the following benefits: The policy is as follows:

- To reserve the time for which social insurance premiums have been paid in accordance with the current law on social insurance.

- To be entitled to a one-time allowance, for each working year, a professional soldier shall be entitled to a subsidy equal to one month's salary of the month preceding the change of profession. defense workers and officials before changing industries to pay.

- When they are eligible for pension, they are entitled to social insurance regimes in accordance with the current law on social insurance, but the calculation of the average monthly salary on which social insurance premiums are based is not applied. serve as the basis for calculating the pension as prescribed for professional soldiers, national defense workers and employees who have changed their professions to work at state agencies, and are eligible for pensions.

3. For professional soldiers who have served in the locality

Professional soldiers who have served in the locality for no more than 1 year (12 months) from the effective date of the decision to serve will be entitled to the following regimes and policies:

3.1 If recruited to work at an agency or organization receiving salary from the state budget

- Professional military personnel who are recruited to work at agencies and organizations receiving salaries from the state budget shall be entitled to the regime of changing professions as prescribed in Section 1, and at the same time must return the rehabilitation allowance. one-time member and one-time social insurance allowance (received) in accordance with the law on social insurance.

- The head of the agency, unit or enterprise where the professional soldier worked before the enlistment shall direct the withdrawal of the decision on enlistment 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 National Defense; 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.

3.2 If recruited to work at enterprises

- If a professional soldier who has served in the service is recruited to work at an enterprise or unit that does not receive a salary from the state budget, but wishes to reserve the time for paying social insurance premiums, he/she must return the allowance. provide one-time social insurance (received) in accordance with the law on social insurance.

The head of the agency, unit or enterprise where the professional soldier works before serving shall direct the recovery of the lump-sum social insurance allowance to be remitted into the collection account of the Social Insurance of the Ministry of National Defense; 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 meeting the conditions for pension enjoyment, the calculation of the average monthly salary on which social insurance premiums are based as a basis for calculating pensions shall not be applied according to the provisions of Point d, Clause 1, Article 2 of Decree 19/2022/ND -CP.

- In case the agency, unit or enterprise where the professional military personnel worked before the enlistment is merged or dissolved, it shall be managed by the agency, unit or enterprise after the merger or by the superior agency or unit. Direct management of the dissolved agency, unit or enterprise for settlement.

- Time spent by professional soldiers serving in the locality is not counted as working time participating in social insurance.

(Legal basis: Clause 4, Article 2 of Decree 19/2022/ND-CP )

4. The case has changed but returned to serve in the Army

Professional soldiers, defense workers and officials who have changed branches but, due to the requirements of their tasks, are decided by the competent authorities to return to serve in the Army, the time of changing jobs at the agencies or organizations will be affected. The salary from the state budget is calculated into the continuous working time for consideration of salary increase, military rank and working seniority.

Decree 19/2022/ND-CP takes effect from April 15, 2022. The one-time allowance for defense workers and public employees who change jobs will be implemented from July 1, 2016.

Jewel

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