Benefits and policies for national defense workers and officials retiring from military service in Vietnam

Benefits and policies for national defense workers and officials retiring from military service in Vietnam (Internet image)

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

1. Benefits and policies for national defense workers and officials retiring from military service in Vietnam

Specifically, Article 41 of the Law on professional servicemen, National defense workers and official 2015 stipulates benefits and policies for national defense workers and officials retiring from military service, including:

- Retired national defense workers and officials:

+ Retirement pension is instructed in the Law on Social Insurance and the Law on professional servicemen, National defense workers and official 2015;

+ In case of retirement ahead of maximum age limit as prescribed in Article 31 hereof due to changes of personnel structure and being no longer be needed by the army, retired professional servicemen shall be entitled to one-time benefit in addition to social insurance benefits as prescribed by laws.

+ Favored by local authorities with conditions for stabilizing living; be entitled to social housing according to laws if residency is not available;

- National defense workers and officials changed to other occupations:

+ Be entitled to seniority pay upon retirement based on active service period and existing pay level; In case existing pay is lower than pay level of national defense workers and officials at the time of change of occupation, retirement pension shall be based on pay level at the time of change of occupation according to laws;

+ In case of returning to military service due to pressing duties, the time of changing occupations shall be included in the continuous working time as foundations for reviewing pay raise and seniority

- National defense workers and officials resigning:

+ Be entitled to severance pay according to laws;

+ In case of resignation while requirements for entitlement to retirement pension or one-time social insurance benefit are not met, the time of participation in social insurance shall be reserved or one-time benefits from social insurance fund be granted according to laws.

+ Be entitled to benefits and policies as prescribed in Point c, Clause 1,  Article 41 of the Law on professional servicemen, National defense workers and official 2015;

+ National defense workers and officials who resign within working age shall receive favor in examinations to select officials and civil servants.

- The time of joining the fight, serving the fight or working in the areas of hardship, or in the areas of special nature shall be based on to determine benefits for retirement from the army;

- The Government shall detail Points a, b, Clauses 1 and 4 of Article 41 of the Law on professional servicemen, National defense workers and official 2015.

2. Cases of retirement from military service for national defense workers and officials in Vietnam

Pursuant to Article 32 of the Law on professional servicemen, National defense workers and official 2015, retirement from military service for national defense workers and officials in Vietnam as follows:

- Maximum service age limit expires as prescribed in Article 31 of the Law on professional servicemen, National defense workers and official 2015;

- No longer able to be employed by the army after personnel structure is changed;

- Political and ethical credentials fail to meet requirements or fail to complete duties for two consecutive years as prescribed in Point d, Clause 2, Article 9 of the Law on professional servicemen, National defense workers and official 2015;

- Health no longer meets requirements.

- Volunteer to retire from military service and accepted by competent authorities;

3. Requirements for retirement from military service in Vietnam

Requirements for retirement from military service are specified in Article 34 of the Law on professional servicemen, National defense workers and official 2015 as follows:

- National defense workers and officials shall be eligible for retirement in one of the following cases:

+ Meeting requirements of the Law on social insurance;

+ Have served as national defense worker for 15 years and have paid social insurance for 20 years (Male 50 years of age, female 45)

+ National defense workers and officials who fail to meet requirements for retirement as prescribed in Points a, b, this Clause, reaching from 55 to under 60 years of age (male) or from 50 to under 55 years of age (female), have paid social insurance for 20 years shall be eligible for retirement.

- National defense workers and officials shall be transferred to other occupations if accepted by competent authorities and received by receiving agencies, organizations.

- National defense workers and officials shall be eligible for resignation in following cases:

- Volunteer to resign from military service and accepted by competent authorities even though service age as prescribed in Article 31 of the Law on professional servicemen, National defense workers and official 2015 remains unexpired;

+ No longer able to be employed by the army after personnel structure is changed and not prescribed in Point c, Clauses 1 and 2, Article 34 of the Law on professional servicemen, National defense workers and official 2015;

+ Cases as prescribed in Clauses 3 and 4, Article 32 of the Law on professional servicemen, National defense workers and official 2015, not qualified for retirement;

Ho Quoc Tuan

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