If an officer returns to the localities and then changes his/her profession, must his/her demobilization allowance be returned in Vietnam?

If an officer returns to the localities and then changes his/her profession, must his/her demobilization allowance be returned in Vietnam? (Internet image) 

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

1. If an officer returns to the localities and then changes his/her profession, must his/her demobilization allowance be returned in Vietnam?

According to Article 9 of Joint Circular 36/2009/TTLT-BQP-BNV-BLDTBXH-BTC, regimes and policies for officers who return to their localities and then change careers or transfer to businesses, agencies, and units that do not receive salaries from the state budget are as follows:

- Military officers who have returned to their localities for no more than one year (12 months) from the effective date of the demobilization decision, if they change their profession, will be recruited to work at agencies and units receiving salaries from the state budget, and they will enjoy the following regimes and policies:

+ To be able to implement the regime and industry transfer policy guided in Article 4 of Joint Circular 36/2009/TTLT-BQP-BNV-BLDTBXH-BTC;

+ When implementing the career change regime, they must repay the one-time service allowance guided in point (ii) of Section 2 and the one-time social insurance allowance received; do not have to repay the job creation subsidy.

- Officers and soldiers who have returned to their localities for a period of no more than one year from the effective date of the demobilization decision, if recruited to work at businesses, agencies, and units that do not receive salaries from the state budget, will enjoy the following regimes and policies:

+ Do not have to repay the job creation allowance or one-time service allowance received according to the instructions in points (i), (ii) of Section 2 below;

+ If you wish to extend the period of social insurance payment, you must repay the social insurance fund for the one-time social insurance benefit received.

- For the head of the former agency or unit of the officer or military officer who has returned to the local area (according to management decentralization), if the old agency or unit has been dissolved, the superior agency or unit is responsible for revoking the decision on demobilization and the above-mentioned subsidies according to regulations. At the same time, make a decision to change majors or request superiors to issue a decision to change majors and pay the one-time social insurance benefit received to the collection account of the Ministry of National Defense Social Insurance. Request the Ministry of National Defense Social Insurance to reconfirm the social insurance payment time on the subject's old social insurance book.

Thus, according to the above regulations, officers who return to their localities for no more than one year must repay the one-time demobilization allowance they received when changing majors to work at agencies and units receiving salaries from the state budget.

Not having to repay the one-time service allowance you received when you changed your profession to work at agencies and units that do not receive salaries from the state budget.

2. What benefits are officers who return to their localities entitled to in Vietnam?

- Professional military officers who stop serving on active duty are not eligible to retire, take sick leave, or change majors, but are allowed to return to their localities.

- In addition to the social insurance regime and preferential regime for those with meritorious services to the revolution (if any) entitled to them according to current law, when serving as officers and professional soldiers, they also enjoy other benefits. after:

(i) Receive a job creation allowance equal to 6 months of the general minimum wage according to Government regulations at the time of retirement. Priority is given to vocational training or job placement at job placement organizations of ministries, branches, unions, localities, and other socio-economic organizations;

(ii) Receive a one-time service allowance; for each year of service, the allowance is equal to 1 month of current salary;

(iii) Receive transportation money (regular type) from the unit to your place of residence.

(Article 8 of Joint Circular 36/2009/TTLT-BQP-BNV-BLDTBXH-BTC)

Nguyen Ngoc Que Anh

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