Monthly allowance for People's Public Security soldiers who participated in the fight against the US for less than 20 years and have been demobilized in Vietnam

Monthly allowance for People's Public Security soldiers who participated in the fight against the US for less than 20 years and have been demobilized in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

Circular 41/2023/TT-BCA dated August 25, 2023, regulating the implementation of a subsidy regime for officers and soldiers of the People's Public Security participating in the resistance war against the US with less than 20 years of service in the People's Public Security who have quit their jobs and returned to their localities, promulgated by the Minister of Public Security.

Monthly allowance for People's Public Security soldiers who participated in the fight against the US for less than 20 years and have been demobilized in Vietnam

Specifically, officers and soldiers specified in Point a, Clause 1, Article 2 of Circular 41/2023/TT-BCA in one of the following cases are entitled to a monthly allowance:

- Have a working period of 15 years to less than 20 years;

- Have a working period of 15 years to less than 20 years and have quit the job or returned to the local army; then work in communes, wards, or towns and receive a salary from the State budget and participate in compulsory social insurance, but are not eligible or do not continue to pay voluntary social insurance to qualify for a monthly pension according to the provisions of the law on social insurance.

In particular, the calculation for this subsidy is as follows:

(i) Monthly allowance is calculated based on the actual number of years of work for which benefits are calculated; From the full 15 years on, you will receive a monthly subsidy of 813,614 VND/person/month, then for each additional year (full 12 months), an additional 5% will be calculated, specifically:

+ From full 15 years to under 16 years, the subsidy level is equal to 813,614 VND/person/month;

+ From 16 years to under 17 years, the subsidy level is equal to 854,295 VND/person/month;

+ From 17 years to under 18 years, the subsidy level is equal to 894,975 VND/person/month;

+ From 18 years to under 19 years, the subsidy level is equal to 935,656 VND/person/month;

+ From 19 years to less than 20 years, the subsidy level is equal to 976,337 VND/person/month.

(ii) The monthly subsidy level specified in (i) is adjusted to correspond to each period according to the Government's regulations.

(iii) Officers and soldiers who are receiving monthly benefits and die will stop receiving benefits the following month. The funeral organizer is entitled to a one-time allowance equal to 3 months of the deceased's current allowance.

In case an officer or soldier dies after October 15, 2010 but has not received a monthly allowance, one of the following people: spouse, biological father, biological mother, biological children, adopted children or legal caregivers are eligible to receive a monthly allowance for the period from May 1, 2010 to the month/year of the officer or soldier's death and the funeral allowance is equal to 3 months of monthly allowance at the time of death.

Note: The following subjects are not eligible for the monthly allowance of People's Public Security soldiers who participated in the anti-American war and have been demobilized for less than 20 years:

- Cases specified in Article 3 of Decision 53/2010/QD-TTg.

Article 3. Subjects not applicable

1. People who are enjoying retirement benefits and monthly benefits (except for commune officials who are enjoying retirement benefits or monthly benefits), monthly disability benefits or sick soldier benefits.

2. Those who are subject to the provisions of Article 2 of this Decision but surrender to the enemy, betray, violate the law, and are convicted of one of the crimes of infringing on national security if their criminal record has not been erased or they are serving a life sentence will not be able to comply with the regimes specified in this Decision.

3. Subjects who have received a one-time subsidy specified in Point a, Clause 1, Article 1 of Decision No. 290/2005/QD-TTg dated November 8, 2005; Clause 2, Article 1, Decision 92/2005/QD-TTg dated April 29, 2005 of the Prime Minister, will not enjoy the one-time subsidy specified in Article 5 of this Decision.

- Officers and soldiers who violate discipline will be forced to quit, be fired, dismissed, deserted, stripped of titles, and stripped of ranks.

- Police workers

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