Social insurance regime for regular militia and self-defense forces in Vietnam from March 23, 2025

Social insurance regime for regular militia and self-defense forces in Vietnam from March 23, 2025​ (Image from the internet)

On February 4, 2025, the Government of Vietnam issued Decree 16/2025/ND-CP, amending and supplementing certain articles of Decree 72/2020/ND-CP, which detailed some articles of the Militia and Self-Defense Law 2019 regarding the organization and development of force and policies for the Militia and Self-Defense.

Social insurance regime for regular militia and self-defense forces in Vietnam from March 23, 2025​

At point b, clause 5, Article 1 of Decree 16/2025/ND-CP, amendments and supplements have been made to clause 4, Article 12 of Decree 72/2020/ND-CP regarding social insurance benefits for regular militia as follows:

(1) Regular militia are subject to mandatory social insurance participation as specified in point e, clause 1, Article 2 of Social Insurance Law 2014, and point a, clause 2, Article 2 of Decree 33/2016/ND-CP, which details the implementation of some articles of the Social Insurance Law regarding mandatory social insurance for military personnel, police, and cipher workers receiving military-equivalent salaries;

(2) The period for social insurance contributions is calculated from the time a decision to undertake the regular militia obligation is issued until a decision recognizing the completion of this obligation or ceasing this obligation before the due time as decided by the competent authority;

(3) Monthly social insurance contributions for regular militia: Contributions to the retirement and survivorship fund are as stipulated in point b, clause 2, Article 86 of Social Insurance Law 2014; contributions to the occupational accident and disease fund are as stipulated in clause 2, Article 4 of Decree No. 58/2020/ND-CP dated May 27, 2020, of the Government of Vietnam, which sets the rate of mandatory social insurance contributions to the occupational accident and disease fund;

(4) Regular militia with a decision recognizing the completion of their obligation or ceasing the obligation before the due time as decided by the competent authority, who do not meet the conditions for receiving monthly pensions, if they do not wish to retain the social insurance contribution period and do not continue with voluntary social insurance, are entitled to a one-time social insurance benefit as stipulated in Article 10 of Decree 33/2016/ND-CP. The one-time social insurance benefit rate is applied as stipulated in clause 2, Article 60 of Social Insurance Law 2014;

(5) Regular militia who die under circumstances specified in clause 1, Article 67 of Social Insurance Law 2014, then their relatives as specified in clauses 2, 3, and 4, Article 67 are entitled to a monthly survivorship allowance at the rate specified in Article 68. If the regular militia die under circumstances specified in Article 69, their relatives are entitled to a one-time survivorship allowance at the rate specified in Article 70;

(6) In cases where a regular militia dies under the circumstances specified in clause 1, Article 66 of Social Insurance Law 2014, the person handling their funeral is entitled to a funeral allowance at the rate specified in clause 2, Article 66, and clauses 2 and 3 of Article 13 of Decree 33/2016/ND-CP which provides details on certain articles of the Social Insurance Law on mandatory social insurance;

(7) If a regular militia is injured in an occupational accident or contracts an occupational disease and meets the conditions stipulated in Articles 45 and 46 of the Occupational Safety and Hygiene Law 2015, they receive occupational accident and disease benefits as prescribed in clause 1, Article 42 and Articles 48, 49, 51, 52, 53, 54, 55, and 56 of the Occupational Safety and Hygiene Law 2015;

(8) The funding for social insurance contributions for regular militia is guaranteed by local budgets, which monthly contribute to the social insurance fund managed by Vietnam Social Security;

(9) Regular militia who are injured or sacrificed in the course of their duties, if recognized by the competent authorities as war invalids or persons entitled to regimes similar to war invalids or martyrs, in addition to enjoying preferential policies for meritorious individuals guaranteed by the state budget, are still entitled to occupational accident and survivorship policies as specified in points (5), (6), and (7).

Refer to more details in the Decree 16/2025/ND-CP, effective from March 23, 2025.

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