Youme Law Firm LLC said that on March 1, 2025, the Government issued Decree No. 52/2025/ND-CP amending and supplementing a number of articles of Decree No. 21/2009/ND-CP dated February 23, 2009 detailing and guiding the implementation of a number of articles of the Law on Officers of the Vietnam People's Army on regimes and policies for officers who cease to serve in the army; officers in active service who are killed or discharged from active service; officers in active service who are transferred to professional soldiers or defense civil servants.
For demobilized officers, Decree No. 52/2025/ND-CP amends and supplements a number of points and clauses in Article 5, Decree No. 21/2009/ND-CP as follows:
- Amend Point a, Clause 1 as follows: Receive a job creation subsidy equal to 6 months of basic salary according to Government regulations; be given priority for vocational training or job referral at job introduction organizations of ministries, branches, unions, localities and other socio-economic organizations.
- Amend Clause 2 and Clause 3 as follows:
+ Officers who have been discharged from the army and returned to their localities for no more than one year from the effective date of the discharge decision, if recruited to work at agencies and units receiving salaries from the state budget, will be subject to the transfer regime according to the provisions of Clause 1, Article 3, Decree No. 21, amended and supplemented with a number of Clauses in Clause 2, Article 1 of this Decree, and must return the one-time discharge allowance prescribed in Point b, Clause 1, Article 5 of Decree No. 21 and the one-time social insurance allowance received according to the provisions of the law on social insurance.
The head of the agency, unit, or enterprise where the officer works before the discharge agency directs the revocation of the discharge decision and the above allowances; issues a decision or reports to the competent authority to issue a decision to transfer the industry; pays the allowances collected into the state budget and the specialized account of the Ministry of National Defense Social Insurance; completes the dossier requesting the Ministry of National Defense Social Insurance to confirm and implement the reservation of the previous social insurance payment period according to regulations.
- Officers who have been discharged from the army and returned to their localities for no more than one year from the effective date of the discharge decision, if recruited to work at agencies, units, and enterprises that do not receive salaries from the State budget, and wish to reserve the time of social insurance payment, must return the one-time social insurance subsidy received.
The head of the agency, unit, or enterprise where the officer works before the discharge shall direct the recovery of the one-time social insurance allowance, and submit it to the specialized account of the Ministry of National Defense Social Insurance; complete the dossier requesting the Ministry of National Defense Social Insurance to confirm and implement the reservation of the previous social insurance payment period according to regulations. When eligible for pension, the method of calculating the average monthly salary for social insurance contributions as a basis for calculating pensions, as prescribed in Point d, Clause 1, Article 3 of Decree No. 21 amended and supplemented at Point c, Clause 2, Article 1 of this Decree shall not be applied.
- Add Clause 4 after Clause 3 as follows: In case the agency, unit or enterprise where the officer worked before the demobilization has been merged or dissolved, it shall be resolved by the agency, unit or enterprise after the merger or the agency or unit at a higher level directly managed by the agency, unit or enterprise. The time the demobilized officers return to their localities is not counted as their working time participating in social insurance.
