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 the regime and policies for officers who have stopped serving in the army...
Supplementing regulations on regimes and policies for retired officers
In particular, Decree No. 52/2025/ND-CP amends and supplements the first bullet point, point a, clause 2, Article 2 of Decree No. 21/2009/ND-CP, which stipulates the subjects entitled to the one-time subsidy regime. According to the new regulations, the subjects entitled to the one-time subsidy regime include: Officers who are redundant due to organizational changes, or changes in organizational and staffing schedules according to the decision of competent authorities; officers whose age limit for holding command and management positions of units according to the provisions of clause 3, Article 13 of the Law on Officers of the Vietnam People's Army is no longer needed by the army to arrange and use them.
Decree No. 52/2025/ND-CP also supplements Clause 3, Article 2 of Decree No. 21/2009/ND-CP on regimes and policies for retired officers: Officers who have been promoted in military rank and have had their salaries raised for 2/3 or more of the term and are assessed as having completed their tasks or higher will be promoted in military rank and have their salaries raised (except in the case of promotion to the rank of general).
Supplementing policies and regimes for officers transferring careers
At the same time, Decree No. 52/2025/ND-CP also amends points c, d, dd and adds points e, g in Clause 1, Article 3 of Decree No. 21/2009/ND-CP stipulating the benefits enjoyed by officers transferred to work at state agencies, public service units, political organizations, and socio-political organizations receiving salaries from the state budget.
According to the new regulations, officers who are transferred to work at state agencies, public service units, political organizations, and socio-political organizations receiving salaries from the state budget are entitled to the following benefits:
a) Be given priority in job placement appropriate to the professional, technical and vocational field; be trained and fostered in necessary professional and technical skills appropriate to the job undertaken;
b) Exempted from taking the entrance exam if transferring to the old agency or unit or transferring to another major at the request of a competent state agency;
c) Priority is given to adding points to the results of the civil servant and public employee recruitment exam according to the provisions of the law on cadres, civil servants and public employees at the time of the exam;
d) Officers are ranked and receive salaries according to their new job position, new job, new position from the effective date of the decision to transfer to another sector. In case the salary according to the group, grade, or level is ranked lower than the salary according to the military rank of the officer at the time of transfer, the salary, seniority allowance, and social insurance contributions and benefits at the time of transfer will be reserved for a period of 18 months from the effective date of the decision to transfer to another sector and will be paid by the new agency or unit. The continued enjoyment of reserved salaries beyond the 18-month period will be considered and decided by the Head of the agency with authority to manage cadres, civil servants, and public employees in accordance with the internal salary correlation. During the period of enjoying the reservation, the difference in the reserved salary will decrease accordingly when the cadre, civil servant, or public employee receives a salary increase or receives a seniority allowance exceeding the salary bracket within the sector or is promoted to a new sector; in case the salary increase is higher than the salary at the time of transfer, the new salary will be enjoyed. After the salary retention period, continue to enjoy seniority allowance at the time of specialization or be added together to calculate seniority allowance in industries that enjoy seniority allowance regime;
d) Officers who have changed careers and are eligible for pension, if the average monthly salary for social insurance payment used as the basis for calculating pension according to the provisions of the law on social insurance at the time of retirement is lower than the average monthly salary for social insurance payment at the time of changing careers, the average monthly salary for social insurance payment at the time of changing careers, converted according to the salary regime prescribed at the time of retirement, shall be used as the basis for calculating pension;
e) Officers who have changed careers, if they are not eligible for pension and quit their jobs, in addition to enjoying social insurance benefits according to regulations, will be paid severance allowance by the agency or unit receiving salary from the state budget and managing and employing cadres, civil servants and public employees at the time of quitting their jobs; in which: for each year of service in the Army, they will be subsidized with 01 month's salary of the month immediately preceding the change of career, converted according to the salary regime prescribed at the time of quitting their jobs as a basis for calculating severance allowance; the working time at the agency or unit receiving salary from the state budget, severance allowance is implemented according to the provisions of the law on labor and the law on cadres, civil servants and public employees at the time of quitting their jobs;
g) For cases of transferring to work at agencies and units receiving salaries from the state budget, with a working period in the Army determined by competent authorities as warrant officers, upon retirement, the salary coefficient used as the basis for calculating the average salary used as the basis for calculating pension for the time the warrant officer was transferred is 3.90.
According to Decree No. 52/2025/ND-CP, officers who transfer to work at agencies and units receiving salaries from the state budget and then transfer to agencies and units not receiving salaries from the state budget, upon retirement, will be given an additional seniority allowance according to the time of service in the Army and the military rank at the time immediately before the officer transfers, and will be converted according to the salary regime prescribed at the time of retirement when calculating the average monthly salary for social insurance contributions for the working time according to the salary regime prescribed by the state as the basis for calculating pensions for officers.
In addition, officers who have changed careers but due to mission requirements, are decided by competent authorities to return to serve in the Army, are arranged new jobs suitable to the needs and capabilities of the officer; the time of changing careers to work at agencies and units receiving salaries from the state budget is counted as continuous working time to consider salary increase, military rank promotion and seniority.
Regimes and policies for officers who transfer to work at agencies, units and enterprises without receiving salary from the state budget
Decree No. 52/2025/ND-CP also amends and supplements Article 4 on regimes and policies for officers who transfer to work at agencies, units, and enterprises without receiving salaries from the state budget.
Accordingly, officers who transfer to work at agencies, units, and enterprises that do not receive salaries from the state budget are entitled to the following benefits and policies:
- The time of social insurance payment is reserved according to the provisions of current social insurance law.
- Receive a one-time allowance, for each year of work, the allowance is equal to 01 month's salary of the month immediately preceding the transfer, paid by the agency, unit, or enterprise under the Ministry of National Defense that manages the officer before the transfer.
- Officers who have changed careers and are eligible for pensions are entitled to social insurance benefits according to current social insurance laws, but the method of calculating the average monthly salary for social insurance contributions is not applied as the basis for calculating pensions according to the provisions of Point d, Clause 1, Article 3 of Decree No. 21/2009/ND-CP, amended and supplemented at Point c, Clause 2, Article 1 of this Decree.
Source: https://kinhtedothi.vn/sua-doi-quy-dinh-che-do-chinh-sach-doi-voi-si-quan-nghi-huu-chuyen-nganh.html
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