The Ministry of Justice is appraising dossiers on the Draft Decree amending and supplementing a number of articles of 3 Decrees of the Government on the one-time allowance regime when ceasing service in the Army for officers, professional soldiers (QNCN), workers and defense officials, drafted by the Ministry of National Defense.
In the draft Decree, the Ministry of National Defense proposes a regime for professional soldiers retiring early at the highest age according to the military rank specified in Clause 2, Article 17 of the Law.
Professional soldiers who are redundant due to organizational changes or changes in organizational charts and staff according to decisions of competent authorities (except for subjects enjoying policies and regimes in implementing the arrangement of the organizational structure of the political system according to the Government's own regulations) that the Army no longer needs to arrange for use, when retiring early, the highest age according to military rank is entitled to a one-time allowance equal to 5 months of salary for each year of early retirement;
Professional soldiers who do not fall into the above-mentioned cases, due to restructuring and improving the quality of the contingent of cadres, who stop holding leadership and management positions according to the decision of the competent authority or are appointed to lower leadership and management positions by the competent authority but wish to retire early and are approved by the competent authority, when retiring early, the highest age according to military rank is entitled to a one-time allowance equal to 5 months of salary for each year of early retirement;
Professional soldiers who do not fall into the above 2 cases, in the year immediately preceding or in the year of retirement consideration, are concluded by competent authorities that they no longer meet the health standards for serving the Army, then when retiring early, the highest age according to military rank is entitled to a one-time allowance equal to 5 months of salary for each year of early retirement;
In addition to the above-mentioned regulations, professional soldiers when retiring early at the highest age according to military rank and meeting the conditions to receive a pension according to the provisions of the law on social insurance are not deducted from the pension rate due to retiring early, are entitled to social insurance benefits, preferential policies for people with meritorious services to the revolution (if any) according to current legal regulations and are entitled to a one-time allowance according to the working time with compulsory social insurance contributions as follows:
Professional soldiers with 20 years of service with compulsory social insurance contributions or more, the first 20 years of service will be subsidized with 5 months of salary; for the remaining years (from the 21st year onwards), each year will be subsidized with 0.5 months of salary;
Professional soldiers who have worked for 15 years to less than 20 years with compulsory social insurance contributions are entitled to a subsidy equal to 5 months of salary.
In case the settlement of benefits is not in accordance with the provisions of this clause, the amount of one-time allowance paid shall be recovered and submitted to the state budget and the responsibilities of relevant agencies, units, organizations, and individuals shall be considered.
