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.
Notably, in the Draft Decree, the Ministry of National Defense proposes salaries and working hours to calculate benefits.
The monthly salary to calculate the one-time allowance and severance allowance regime specified in this Decree is the salary used as the basis for social insurance (BHXH) contributions of the month immediately preceding the time QNCN, workers and national defense officials change sectors, resign or the monthly salary for social insurance contributions of the most recent month before the time of change sectors, resignation (for cases of resignation for sickness, maternity benefits; after a period of missing information, missing persons declared dead by the court) and is converted according to the salary regime at the time of change sectors, resignation, including:
Salaries by type, group, rank for professional soldiers, national defense workers; groups, ranks, ranks for national defense officials plus leadership position allowances, professional seniority allowances, seniority allowances beyond the frame, reserve difference coefficient (if any).
The draft Decree clearly states that the working time to calculate severance allowance for professional soldiers, workers and national defense officials transferred to work in state agencies, political organizations and socio-political organizations receiving salaries from the state budget but not eligible for pension but resigning is the total working time with compulsory social insurance contributions in the Army (except for working time with compulsory social insurance participation but having enjoyed demobilization, discharge, resignation or one-time social insurance benefits), including: Time as officers, professional soldiers, non-commissioned officers, soldiers, national defense officials, national defense workers, national defense officials;
The working time to calculate the one-time allowance for transferring to work at enterprises and units that do not receive salaries from the state budget and the one-time allowance for resignation specified in this Decree is the total working time with compulsory social insurance contributions (except for working time with compulsory social insurance participation but having enjoyed demobilization, discharge, resignation or one-time social insurance benefits), including:
Working time with compulsory social insurance contributions in the People's Army (time as officers, professional soldiers, non-commissioned officers, soldiers, defense civil servants, defense workers, defense public employees), working time with compulsory social insurance contributions in the People's Police (time as officers, non-commissioned officers in professional duties; officers, non-commissioned officers in technical expertise; non-commissioned officers, service soldiers; police workers), working time with compulsory social insurance contributions in the Secret Forces and working time with compulsory social insurance contributions in agencies of the Party, State, Vietnam Fatherland Front, socio-political organizations from central to commune level.
In case the working time specified in this Decree has odd months, it is rounded according to the principle: From 1 month to full 6 months is calculated as 0.5 years and is calculated to receive allowances equal to the allowance level of 0.5 years; from over 6 months to under 12 months is rounded to 1 year and is calculated to receive allowances equal to the allowance level of 1 year.
