Time for calculating benefits for professional demobilized soldiers

Legal Consulting Department of Lao Dong Newspaper answers:

Article 4 of Decree 338/2026/ND-CP (effective from August 26, 2026) amending and supplementing Article 2 of Decree No. 151/2016/ND-CP detailing and guiding the implementation of a number of articles on regimes and policies of the Law on Professional Military Personnel, workers and national defense officials stipulates the working time to calculate benefits as follows:

a) The working time with compulsory social insurance contributions to calculate the one-time allowance (due to early retirement at the highest age or due to demobilization, sacrifice, or death) is the total working time with compulsory social insurance contributions (excluding the working time with compulsory social insurance contributions but having enjoyed the demobilization, discharge, resignation regime or one-time social insurance regime), including: The working time with compulsory social insurance contributions in the People's Army (time as officers, professional soldiers, non-commissioned officers, soldiers, defense officials, defense workers, defense public employees), the working time with compulsory social insurance contributions in the People's Police (time as officers, non-commissioned officers; technical officers, non-commissioned officers; non-commissioned officers, soldiers on duty; police workers), the working time with compulsory social insurance contributions in the underground force and the working time with compulsory social insurance contributions in agencies of the Party, State, Vietnam Fatherland Front, political and security organizations,

b) The working time for calculating conversion to enjoy the one-time allowance regime when retiring from service in the army or when sacrificing or passing away specified in this Decree is the total working time with compulsory social insurance contributions in the Army (excluding the working time with compulsory social insurance contributions but having enjoyed the demobilization, discharge, resignation regime or one-time social insurance regime) directly fighting, serving in combat or working in difficult areas, industries with special characteristics, including: Time being an officer, professional soldier, non-commissioned officer, soldier, national defense civil servant, national defense worker, national defense public employee;

c) In case the working time has compulsory social insurance contributions, the additional time due to conversion and the highest age of early retirement according to the military rank specified in this Decree, if there are odd months, it is rounded according to the principle: From 01 month to full 06 months is calculated as 0.5 years and is calculated to receive allowances equal to the allowance level of 0.5 years; from over 06 months to under 12 months is rounded to 01 year and is calculated to receive allowances equal to the allowance level of 01 year.

Thus, from August 26, 2026, the working time to calculate benefits for professional demobilized soldiers is calculated as above.