New social insurance regime for standing militia

The Lao Dong Newspaper Legal Consulting Office replied:

Point b, Clause 5, Article 1, Decree 16/2025/ND-CP (effective from March 23, 2025) stipulates the amendment and supplementation of Clause 4, Article 12 of Decree No. 72/2020/ND-CP as follows:

4. Social insurance regime for standing militia

a) The regular militia subject to compulsory social insurance shall comply with the provisions of Point e, Clause 1, Article 2 of the Law on Social Insurance 2014 and Point a, Clause 2, Article 2 of Decree No. 33/2016/ND-CP dated May 10, 2016 of the Government detailing and guiding the implementation of a number of articles of the Law on Social Insurance on compulsory social insurance for soldiers, police and people working in secret service who receive salaries as for soldiers;

b) The period of social insurance payment is calculated from the time of the decision to perform the obligation to join the regular militia until the decision to recognize the completion of the obligation to join the regular militia or stop performing the obligation to join the regular militia before the deadline according to the decision of the competent authority;

c) Monthly social insurance contribution rate for standing militia: Contributed to the pension and death fund as prescribed in Point b, Clause 2, Article 86 of the Law on Social Insurance 2014; contributed to the fund for occupational accidents and diseases as prescribed in Clause 2, Article 4 of Decree No. 58/2020/ND-CP dated May 27, 2020 of the Government regulating the compulsory social insurance contribution rate to the fund for occupational accident and disease insurance;

d) Standing militia who have decided to recognize the completion of their duty to join the regular militia or stop performing their duty to join the regular militia before the deadline as prescribed by competent authorities and are not eligible for a monthly pension as prescribed, if they do not wish to reserve their social insurance payment period and do not continue to participate in voluntary social insurance, will be entitled to receive one-time social insurance according to the provisions of Article 10 of Decree No. 33/2016/ND-CP dated May 10, 2016 of the Government. The one-time social insurance benefit level is applied according to the provisions of Clause 2, Article 60 of the Law on Social Insurance 2014;

d) Permanent militia who died in one of the cases specified in Clause 1, Article 67 of the Law on Social Insurance 2014, relatives as prescribed in Clauses 2, 3, 4, Article 67 of the Law on Social Insurance 2014 shall receive a monthly death benefit at the rate prescribed in Article 68 of the Law on Social Insurance 2014. If a standing militia dies in one of the cases specified in Article 69 of the Law on Social Insurance 2014, the relatives will receive a one-time death benefit at the rate specified in Article 70 of the Law on Social Insurance 2014;

e) Standing militia who died in the case specified in Clause 1, Article 66 of the Law on Social Insurance 2014, shall the person who cares for the burial of a standing militia receive a funeral allowance at the level specified in Clause 2, Article 66 of the Law on Social Insurance 2014, Clauses 2 and 3 of Article 13 of Decree No. 33/2016/ND-CP dated May 10, 2016 of the Government detailing a number of articles of the Law on Social Insurance on compulsory social insurance;

g) Standing militia who have had a work accident or occupational disease and meet the conditions prescribed in Articles 45 and 46 of the Law on Labor Safety and Hygiene 2015, shall enjoy the occupational accident or disease regime prescribed in Clause 1, Article 42 and Articles 48, 49, 51, 52, 53, 54, 55 and 56 of the Law on Labor Safety and Hygiene 2015;

h) Social insurance payment for standing militia is guaranteed by the local budget, monthly the local budget is paid into the social insurance fund managed by the Vietnam Social Security;

i) Standing militia who are injured or killed while on duty and are confirmed by competent authorities as war invalids or people enjoying policies like war invalids or martyrs, in addition to enjoying preferential policies for meritorious people guaranteed by the State budget, are still entitled to the occupational accident or death regime prescribed in Point d, Point e, Point g of this Clause.

Thus, from March 23, 2025, the social insurance regime for standing militia is regulated as above.