Thông tư 162/2017/TT-BQP

Circular No. 162/2017/TT-BQP dated July 10, 2017 providing guidelines Decree 151/2016/ND-CP elaborating and providing guidelines on benefits for non-commissioned officers, defense workers and defense public employees

Nội dung toàn văn Circular 162/2017/TT-BQP guidelines 151/2016/ND-CP benefits for non commissioned officers


MINISTRY OF NATIONAL DEFENSE
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 162/2017/TT-BQP

Hanoi, July 10, 2017

 

CIRCULAR

PROVIDING GUIDELINES FOR SOME ARTICLES OF THE GOVERNMENT’S DECREE NO. 151/2016/ND-CP DATED NOVEMBER 11, 2016 ELABORATING AND PROVIDING GUIDELINES FOR SOME ARTICLES ON BENEFITS FOR NON-COMMISSIONED OFFICERS, DEFENSE WORKERS AND DEFENSE PUBLIC EMPLOYEES

Pursuant to the Law on Non-Commissioned Officers, Defense workers, and Defense public employees dated November 26, 2015;

Pursuant to the government’s Decree no. 151/2016/ND-CP dated November 11, 2016 elaborating and providing guidelines for some articles on benefits for non-commissioned officers, defense workers and defense public employees;

Pursuant to the Government’s Decree No. 35/2013/ND-CP dated April 22, 2013 defining functions, tasks, powers and organizational structure of the Ministry of National Defense;

At the request of the Chairperson of the General Department of Politics;

The Minister of National Defense hereby adopts a Circular to provide guidelines for some articles of the Government’s Decree No. 151/2016/ND-CP dated November 11, 2016 elaborating and providing guidelines for some articles on benefits for non-commissioned officers, defense workers and defense public employees.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides guidelines for provision of benefits for non-commissioned officers, defense workers and defense public employees who retired, are demobilized, and died; conversion of service period; health insurance benefits provided for relatives of defense workers and defense public employees according to regulations of the Government's Decree No. 151/2016/ND-CP; responsibility of relevant authorities, units and enterprises.

Article 2. Regulated entities

1. Non-commissioned officers, defense workers and defense public employees currently working in the affiliates of the Ministry of National Defense.

2. Relatives of non-commissioned officers, defense workers and defense public employees currently working in the affiliates of Ministry of National Defense.

3. Affiliates of the Ministry of National Defense.

Article 3. Salary and service period used for determination of benefits

1. Salary used for determination of benefits

a) Monthly salary used for determination of lump sum benefit prescribed in Clause 2 Article 3; Clause 2 Article 5 of the Decree No. 151/2016/ND-CP and Clause 3 Article 5 of this Circular equals (=) the average monthly salary of the last 05 years for which social insurance premiums have been paid before a non-commissioned officer, defense worker and defense public employee retired;

b) Monthly salary used for determination of lump sum benefit prescribed in Clause 2 Article 4; Clauses 1 and 2 of Article 6; Clause 2 Article 7 of the Decree No. 151/2016/ND-CP and Clause 1 Article 6, Clause 1 Article 7 and Article 9 of this Circular is the monthly salary on which social insurance premiums are based of the month preceding the period of time over which a non-commissioned officer, defense worker and defense public employee retired, was subject to demobilization, resignation or died;

c) Monthly salary used of determination of lump sum benefit according to Points a and b of this Clause includes: salary by type, group, rank for non-commissioned officers and defense workers; by group, grade and rank for defense public employees and position allowances, extra-seniority allowances, seniority allowances and retained difference coefficients (if any).

2. Service period used for calculation of benefits

a) The service period used for determination of lump sum benefit prescribed in Point b Clause 2 Article 3; Clause 2 Article 4; Clause 2 Article 5; Clauses 1 and 2, Article 6 of the Decree No. 151/2016/ND-CP and Point b Clause 3 Article 5; Clause 1 Article 6; Clause 1 Article 7 of this Circular is the total military service period (including the period over which a person works as an officer, non-commissioned officer, enlistee, soldier, defense worker and defense public employee) and period over which a person works in an authority or unit, receives salary from the State budget and pays social insurance premiums before his/her military service, excluding the period over which a person works in an authority or unit, has paid social insurance premiums but has enjoyed demobilization and severance benefits.

b) The service period used for conversion for determination of lump sum benefit prescribed in Article 7 of the Decree No. 151/2016/ND-CP and Article 8 of this Circular is the total military service period (including the period over which a person works as an officer, non-commissioned officer, enlistee, soldier, defense worker and defense public employee), directly joins the fight, serves the fight or works in the disadvantaged areas, or engaged in the business lines of special nature;

c) If the service period mentioned in Points a and b of this Clause is interrupted and lump sum benefit (demobilization and severance) is yet to be provided, it is accumulated.

3. In the cases where the service period, the extra period due to conversion and early retirement period prescribed in the Decree No. 151/2016/ND-CP and this Circular have odd months, the service period used for calculation of benefits is as follows: less than 03 months - not subject to calculation, from 03 months to 06 months - calculated as 1/2 year, from 06 months to 12 months - calculated as 01 year.

Chapter II

BENEFITS FOR NON-COMMISSIONED OFFICERS, DEFENSE WORKERS AND DEFENSE PUBLIC EMPLOYEES

Article 4. Conditions for retirement, and benefits upon retirement

1. The non-commissioned officer issued with a decision on retirement from active service shall be eligible for retirement in one of the following cases:

a) The retirement conditions prescribed in Article 8 of the Government’s Decree No. 33/2016/ND-CP dated May 10, 2016 are satisfied;

b) Maximum age limit for active services done by non-commissioned officers by military rank prescribed in Clause 2, Article 17 of the Law on Non-Commissioned Officers, Defense Workers and Defense Public Employees expires and social insurance premiums have been paid for at least 20 years;

c) The non-commissioned officer is 40 years old, has paid social insurance premiums for at least 20 years, including 15 years working as a fighter according to regulations of the Circular No. 213/2016/TT-BQP dated December 23, 2016 of the Ministry of National Defense.

2. The defense worker and defense public employee issued with a decision on retirement from active service shall be eligible for retirement in one of the following cases:

a) The conditions prescribed in Clause 1, Article 54, Clause 1, Article 55 of the 2014 Law on Social Insurance; Article 6 of the of the Government’s Decree 115/2015/ND-CP dated November 11, 2015 are satisfied;

b) The defense worker and defense public employee who has paid voluntary social insurance premiums for at least 20 years, including 15 years working as a defense worker will be eligible for retirement at the age of 50 (for men) or 45 (for women);

c) In the cases where the conditions mentioned in Points a and b of this Clause are not satisfied because the defense worker and defense public employee are no longer employed by the Army after personnel structure is changed; the defense worker and defense public employee who has paid voluntary social insurance premiums for at least 20 years will be eligible for retirement at the age of from 55 to under 60 (for men) or from 50 to under 55 (for women).

3. Upon retirement, non-commissioned officers, defense workers and defense public employees shall be eligible for social insurance benefits in accordance with regulations of the Law on Social Insurance 2014 and documents elaborating and providing guidelines for some articles of the Law on Social Insurance concerning compulsory social insurance.

Article 5. Conditions and lump sum benefits in case of retirement ahead of the statutory retirement age

1. Those who are mentioned in Clause 1, Article 2 of this Circular are subject to staff redundancy in authorities, units or military enterprises issued with a decision on dissolution, acquisition, downsizing, reduced level of organizational structure, change of operating model, thereby leading to reduction in personnel while the Army no longer wishes to employ them or fails to offer a new occupation, they shall be eligible for lump sum benefits in case of retirement ahead of the statutory retirement age.

Those mentioned above shall be proposed by executive committees from grassroots executive committee to the executive committee affiliated to Central Party Commission and shall be considered and approved by Standing Commission of Central Party and leaders of the Ministry of National Defense.

2. The statutory retirement age used for determination of lump sum benefits in case non-commissioned officers, defense workers and defense public employees retire ahead of the statutory maximum retirement age shall comply with Clause 2 Article 17, Article 31 of the Law on Non-commissioned officers, Defense workers and defense public employees. To be specific:

a) Regarding non-commissioned officers

- Company-grade officer:

52 years old for men and women;

- Major, Lieutenant-colonel:

54 years old for men and women;

- Senior lieutenant-colonel:

56 years old for men and 55 years old for women.

b) Regarding defense workers and defense public employees

60 years old for men; 55 years old for women.

c) The age used for determining that a non-commissioned officer, defense worker or defense public employee retires ahead of the statutory retirement age compared to the statutory maximum retirement age by military rank according to Point a or compared to the defense workers and defense public employees’ maximum service age according to Point b of this Clause, for at least 01 year, begins from the birth month to the month succeeding the month in which the non-commissioned officer, defense worker or defense public employee receives monthly retirement pension.

In case the birth date and month cannot be determined and only the birth year is determined, the first of January and the birth year shall be used for determination of retirement age.

Example 1: The non-commissioned officer Captain Nguyen Thi K, born on September, 1968, joined the Army on September 1986, according to applicable regulations, Captain K will be no longer on active service under the military rank on October 01, 2020 (52 years old), but she is not offered a new occupation or is no longer employed by the Army due to the acquisition of unit, she will be issued with a decision on early retirement by a competent authority and receive monthly retirement pension from October 01, 2018 (50 years old). Captain K shall be only eligible for lump sum benefits because she retires ahead of the statutory maximum retirement age under the Captain rank (Because Captain K retires ahead of the statutory maximum retirement age under the military rank for 02 years = 24 months).

d) The military rank used for determination of the statutory maximum retirement age of the non-commissioned officers according to Point a of this Clause is the military rank made when the decision on retirement (pre-retirement leave) is issued by a competent authority.

Example 2: The non-commissioned officer Captain Nguyen Van A born on September, 1967, and joined the army on February 1986 is not offered a new occupation or no longer employed by the Army, he was issued with a decision on retirement (pre-retirement leave) from October 01, 2016 with the rank of Non-commissioned officer Captain; and is issued a decision on enjoyment of monthly retirement pension from October 01, 2017 (50 years old); during the pre-retirement leave period, Captain A shall have his retirement pension considered to raise and shall be made Non-commissioned officers Major. According to regulations, Captain A retires ahead of the statutory retirement age under the non-commissioned officers Captain. To be specific:

52 years old - 50 years old = 2 years

3. The non-commissioned officer, defense worker or defense public employee who is eligible for retirement ahead of the statutory retirement age according to Clauses 1 and 2 of this Article shall not have the rate of retirement pension deducted due to early retirement. In addition to the social insurance benefits and preferential treatment offered to people with meritorious services to the revolution (if any) in accordance with applicable regulations of the Law on Social Insurance 2014 and applicable laws on preferential treatment offered to people with meritorious services to the revolution, the non-commissioned officer, defense worker or defense public employee shall be eligible for lump sum benefits. To be specific:

a) The 03-month average salary of each early retirement year (12 months) shall be granted and calculated according to the following formula:

Benefits provided for the period ahead of the statutory retirement age

=

Number of years eligible for benefits (determined according to the period ahead of the statutory retirement age

x 03 months x

Average monthly salary

b) The 05-month average salary benefits offered to 20 first years of service. b) From the 21st year onwards, a half of 01-month average salary of each year shall be granted and calculated according to the following formula:

Benefits provided for number of years of service

=

{5 months + [(total number of years of service - 20 years) x 1/2 months]}

x

Average monthly salary

Example 3: The Non-commissioned officers Captain Nguyen Van A (mentioned in Example 2) whose total service period over which he has paid insurance premiums (from February, 1986 to September, 2017 inclusive) is 31 years and 08 months. Suppose the average monthly salary of the last 05 years for which social insurance premiums have been paid before Captain A's retirement is VND 9,500,000 per month.

Upon retirement, in addition to the social insurance benefits in accordance with applicable regulations of the Law on Social Insurance, Captain A shall be eligible for lump sum benefits due to early retirement under military rank. To be specific:

Lump sum benefits provided for the years in which Captain A retires ahead of the statutory retirement age.

02 years x 03 months x VND 9,500,000 = VND 57,000,000.

- Lump sum benefits provided for service period

{5 months +[(31 years 8 months - 20 years) x 1/2 months]} x VND 9,500,000.

= (5 months + 6 months) x VND 9,500,000 = VND 104.500.000.

Captain Nguyen Van A receives the total lump sum benefits:

VND 57,000,000 + VND 104,500,000 = VND 161,500,000.

4. The non-commissioned officers, defense workers and defense public employees shall not be eligible for benefits mentioned in Clause 3 of this Article in one of the following cases:

a) They fail to meet the conditions mentioned in Clause 1 and Clause 2 of this Article;

b) They are still be eligible to serve the Army and are still offered a new occupation or employed by the Army, but request for early retirement;

c) They are demoted, dismissed, have their pay step and military rank reduced for disciplinary reasons, the non-commissioned officers are stripped of the title of officers for disciplinary reasons; defense workers and defense public employees have their pay step reduced and are forced to resigned for disciplinary reasons;

d) They study, work or take leave abroad for 30 days or more without the permission of a competent authority.

Article 6. Benefits for demobilized non-commissioned officers

1. The non-commissioned officer who retires from active service, is not eligible for retirement, retires under policies for sick soldiers or fails to be changed to other occupations shall be demobilized; he/she shall be eligible for benefits prescribed in Article 4 of the Decree No. 151/2016/ND-CP upon demobilization.

The lump sum demobilization benefits shall be provided as follows:

Lump sum demobilization benefits

=

Total number of years of service

x

Salary of the month preceding the month in which a person is demobilized

Example 4: The non-commissioned officer Lieutenant Nguyen Van H has 12 years and 08 months of military service (the rate of occupation-based seniority is 12%); demobilizes from May 01, 2017. On April, 2017, Lieutenant H’s salary coefficient is 4.40 and statutory pay rate is 1,210,000 per month; his salary of April, 2017 is as follows:

VND 1,210,000 x 4.40 x 1.12 = VND 5,962,880.

Upon demobilization, the lump sum demobilization benefits shall be provided for Lieutenant H as follows:

- 12 years and 08 months of military service are rounded up to 13 years.

- Lump sum demobilization benefit is: VND 5,962,880 x 13 years x 01 month = VND 77,517,440.

2. In the cases where non-commissioned officer directly joins the fight, serves the fight or works in the disadvantaged areas, or in the areas of special nature, he/she shall be eligible for lump sum benefits provided for the extra period due to conversion prescribed in Article 7 of the Decree No. 151/2016/ND-CP and Article 8, Article 9 of this Circular.

3. The non-commissioned officer who has received lump sum social insurance payout upon demobilization, within 01 year (12 months) from the effective date of the decision on demobilization, wishes to have his/her period of social insurance premium payment reserved, shall comply with Clause 8, Article 17 of the Joint Circular No.105/2016/TTLT-BQP-BCA-BLDTBXH dated June 30, 2016 of the Ministry of National Defense, Ministry of Public Security and the Ministry of Labor, War Invalids and Social Affairs.

Article 7. Benefits for non-commissioned officers, defense workers and defense public employees who died during military service

1. The non-commissioned officer, defense worker and defense public employee who died during military service, the relatives mentioned in Clause 2, Article 2 of this Circular (including spouse; natural father, natural mother; guardian, insured’s natural child, legally adopted child) shall be eligible for benefits specified in Clause 1 or Clause 2, Article 6 of the Decree No. 151/2016/ND-CP.. The lump sum benefits provided for the service period before death shall be calculated as follows:

Lump sum benefit - Total service period x salary of the month preceding the month in which a person died

2. In the cases where a non-commissioned officer directly joins the fight, serves the fight or works in the disadvantaged areas or engages in the areas of special nature before death, the relatives mentioned in Clause 1 of this Article shall be eligible for lump sum benefits provided for the extra period due to conversion prescribed in Article 7 of the Decree No. 151/2016/ND-CP and Article 8, Article 9 of this Circular.

Example 5: The Non-commissioned officer Lieutenant Bui Van C (the salary coefficient is 4.45) died on May 05, 2017 and recognized as a revolutionary martyr. Lieutenant C has 10 years and 04 months of military service (the rate of occupation-based seniority is 10%); including 05 years working as a radar repairer (included in the list of extremely arduous, hazardous and dangerous occupations (type VI), the conversion of 01 year into 01 year and 04 months is carried out). The salary of April, 2017 for which social insurance premiums have been paid (his statutory pay rate is 1,210,000 per month) is paid to Lieutenant C as follows:

- Military rank-based salary (the coefficient 4.45): VND 1,210,000 x 4.45 = VND 5,384,500.

- Seniority allowances (10%): VND 5,384,500 x 10% = VND 538,450.

Total monthly salary of Lieutenant C is:

VND 5,384,500 + VND 538,450 = VND 5,922,950.

In addition to the preferential treatment offered to people with meritorious services to the revolution and social insurance benefits provided in accordance with regulations of law, relatives of Lieutenant C shall be provided with lump sum benefits as follows:

- Lump sum benefits provided for service period:

10 years and 4 months of military service are rounded up to 10.5 years which is the basis for determination of lump sum benefits.

Relatives of Lieutenant C shall be provided with lump sum benefits as follows:

VND 5,922,950 x 10.5 years x 01 month = VND 62,190,975.

- Lump sum benefits provided for the extra period due to conversion:

Extra period due to conversion which is carried out to calculate benefits provided for Lieutenant C is 01 year and 08 months which are rounded up to 02 years to determine lump sum benefits.

Relatives of Lieutenant C shall be provided with lump sum benefits for the extra period due to conversion as follows:

VND 5,922,950 x 02 years x 01 month = VND 11,845,900.

- Relatives of Lieutenant C shall be provided with total lump sum benefits as follows:

VND 62,190,975 + VND 11,845,900 = VND 74,036,875.

3. The non-commissioned officer, defense worker or defense public employee died by suicide; died of violation of the military disciplines and the State’s law of the State or is stripped the title of non-commissioned officer or is forced to resign, relatives of the non-commissioned officer, defense worker or defense public employee shall not be eligible for lump sum benefits according to Clauses 1 and 2 of this Article.

Article 8. Conditions, conversion and method of converting service period

1. Conditions for conversion of service period and conversion of service period for determination of lump sum benefits for non-commissioned officers, defense workers and defense public employees if they retire from military service or died during military service according to Clause 1, Article 7 of the Decree No. 151/2016/ND-CP:

a) The military service period is converted into 01 year and 06 months according to the 01 year coefficient which is the basis for determination of lump sum benefits when:

- serving in the Army during the resistance war against France from December 22, 1944 to July 20, 1954; in Laos and Southern battlefields from July 20, 1954 to April 30, 1975; in Cambodia battlefield from July 20, 1954 to August 31, 1989; during the destructive war in Northern Vietnam from August 05, 1964 to January 27, 1973 (except those who studied, received medical treatment and worked abroad);

- joining the fight in the Southwest border from May, 1975 to December, 1978; in the Northern border from February 1979 to December, 1988. The border areas in the war to defend the country shall be converted into border districts, including border island districts, Hoang Sa, Truong Sa and DK1 regions;

- conducting international missions and special missions, searching and gathering martyrs' remains in Laos and Cambodia through periods (except those who is assigned to study, performs duties for diplomatic reasons or does business);

- The period over which a person directly participates in UN peacekeeping operations according to regulations of the Government's Decree No. 162/2016/ND-CP dated December 14, 2016. <0}

b) The military service period is converted into 01 year and 04 months according to the 01 year coefficient which is the basis for determination of lump sum benefits when:

- working in the areas entitled to the 100% special allowances specified in the Circular No.09/2005/TT-BNV dated January 05, 2006 of the Ministry of Home Affairs providing guidance on provision of special allowances and applicable documents;

- having their occupations categorized as extremely arduous, hazardous and dangerous occupations ones (Type V, Type VI) as prescribed in the Decision No. 1085/LDTBXH-QD dated September 06, 1996 of the Ministry of Labor, War Invalids and Social Affairs; the Decree No. 03/2006/QD-LDTBXH dated March 07, 2006 of the Ministry of Labor, War Invalids and Social Affairs and the Circular No. 20/2016/TT-BLDTBXH dated June 28, 2016 of the Ministry of Labor, War Invalids and Social Affairs.

c) The military service period is converted into 01 year and 02 months according to the 01 year coefficient which is the basis for determination of lump sum benefits when:

- working in the areas entitled to the regional allowances with the coefficient of 0.7 or more specified in the Joint Circular No. 11/2005/TTLT-BNV-BLDTBXH-BTC-UBDT dated January 05, 2005 of the Ministry of Home Affairs, the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Finance and Committee of Ethnic Affairs;

- having their occupations categorized as arduous, hazardous and dangerous occupations ones (Type IV) as prescribed in the Decision No. 1085/LDTBXH-QD; the Decree No. 03/2006/QD- the Circular No. 20/2016/TT-BLDTBXH.

2. Methods of conversion

a) In case two or three conditions specified in Clause 1 of this Article are met during the same service period, the highest rate of conversion shall apply. In the event the service period subject to conversion is interrupted, it is accumulated to determine benefits.

b) The service period covered in the area that has not been entitled to allowances before but is now entitled to 100% special allowances or regional allowances with the coefficient of 0.7 or more, such period shall be converted to determine lump sum benefits;

The service period covered in the area that has not been entitled to 100% special allowances or regional allowances with the coefficient of 0.7 or more before, but is then entitled to under 100% special allowances or regional allowances with the coefficient of under 0.7, the service period covered in the area until the effective date of the new regulation shall be the service period that will be converted to determine lump sum benefits;

c) The service period over which a person followed an occupation that is not categorized as prescribed in the Decision No.1085/LDTBXH-QD, the Decision No. 03/2006/QD-LDTBXH and the Circular No. 20/2016/TT-BLDTBXH, but is then categorized as type IV and above as prescribed in such documents, the period over which he/she followed this occupation that has been categorized as type IV or more since he/she started such occupation shall be converted to calculate benefits;

The service period over which a person followed an occupation is not categorized at a lower level, and then is categorized at a higher level, the higher level shall be applied to determine of period conversion. The period to be used for conversion begins from the date on which such person starts the occupation.

The service period over which a person followed an occupation was categorized at a higher level and then was categorized at a lower level, the higher level shall be applied to determine period conversion. The period to be used for conversion begins from the date on which such person starts the occupation to before the date preceding the effective date of the new regulation.

Article 9. Lump sum benefits in case of conversion

Extra period due to conversion according to Clause 1, Article 8 of this Circular is used for determination of lump sum benefits according to the principle: 01 extra year due to conversion shall come with salary of the month preceding the month in which a person retired from military service or died.

Example 4: The non-commissioned officer Lieutenant Do Van B (the salary coefficient is 4.45) has 11 years and 03 months of military service (the rate of occupation-based seniority is 11%); including 03 years (from July, 2013 to June, 2016) working in the Spratly Islands that is entitled to regional allowances of 1.0 and 100% special allowances (such area is subject to the conversion of 01 year into 01 year 04 months; the extra period due to conversion which is the basis for calculation of benefits is 01 year). Lieutenant B was demobilized on June, 2017. The salary of May, 2017 (the statutory pay rate is 1,210,000 per month) is paid to Lieutenant B as follows:

- Military rank-based salary (the coefficient 4.45): VND 1,210,000 x 4.45 = VND 5,384,500.

- Seniority allowances (11%): VND 5,384,500 x 11% = VND 592,295.

Total monthly salary of Lieutenant B is:

VND 5,384,500 + VND 592,295 = VND 5,976,795.

Upon demobilization, Lieutenant Do Van B shall be provided with lump sum benefits because of the period that is converted as follows:

VND 5,976,795 x 01 year x 01 month = VND 5,976,795.

Article 10. Health insurance benefits provided for relatives of defense workers and defense public employees

Relatives of a defense worker or defense public employee who is currently serving in the Ministry of Defense according to Clause 2 Article 2 of this Circular (including natural father, natural mother; natural father, natural mother of spouse; guardian, guardian of spouse; spouse; insured’s natural child, legally adopted child aged under 18, disabled insured’s natural child, legally adopted child aged 18 or older) shall be eligible for health insurance benefits. To be specific:

1. Health insurance premium, payment responsibility, premium payment methods; health insurance benefits; issuance of health insurance cards; methods of paying expenses for medical examination and treatment covered by health insurance and responsibility for provision of health insurance shall be similarly applied to relatives of officers, non-commissioned officers, enlistees and soldiers on active service according the Joint Circular No. 49/2016/TTLT-BQP-BYT-BTC dated April 14, 2016 of the Ministry of National Defense, the Ministry of Health and the Ministry of Finance.

2. In the cases where a relative of the defense worker or defense public employee is eligible for different health insurance benefits, he/she shall be provided with the highest health insurance benefits.

Chapter III

PROVISION OF FUNDING; DOCUMENTS ABOUT AND POWER OF PROVISION OF BENEFITS AND RESPONSIBILITY OF AUTHORITIES AND UNITS

Article 11. Provision of funding

1. Funding for provision of benefits mentioned in Clause 3 Article 5, Clause 1 Article 6, Clause 1 Article 7 and Article 9 of this Circular is provided by the State budget and included in the annual estimate of defense budget allocated to authorities, units and enterprises.

2. The assistance in buying health insurance shall be provided for relatives of defense workers/defense public employees prescribed in Article 10 of this Circular as follows:

a) For budget estimate units (given salaries by the budget), the funding shall be provided from the budget allocated by the State;

b) Public service providers and accounting units that do not receive salary from the budget and enterprises shall do accounting as prescribed in Points b and c, Clause 2, Article 9 of the Decree No. 151/2016/ND-CP.

Article 12. Documents about and power of provision of benefits

1. Documents about provision of benefits for non-commissioned officers, defense workers and defense public employees who retire from military service and died shall comply with applicable regulations of the Ministry of National Defense.

In the cases where non-commissioned officers, defense workers and defense public employees are eligible for lump sum benefits in case of early retirement; lump sum demobilization benefits; employment creation allowances; lump sum death benefits; lump sum benefits provided for the extra period due to conversion according to regulations of the Decree No. 151/2016/ND-CP and this Circular, in addition to the abovementioned documents, a receipt for payment of benefits from the State budget is required. The receipt for benefit payment granted to each beneficiary shall be made into 04 copies: Personnel authority (Organization and Personnel Authority or Army Personnel Authority): 01 copy; Policy Authority: 01 copy; Finance Authority: 01 copy; beneficiary: 01 copy.

2. The power to issue the decision on benefits is specified in Circular No. 70/2016/TT-BQP dated June 02, 2016 of the Ministry of National Defense and the Circular No. 170/2016/TT-BQP dated October 30, 2016 of the Ministry of National Defense.

Article 13. Responsibilities of authorities, units and enterprises

1. Authorities affiliated to the Ministry of National Defense

a) The Department of Policy/General Department of Politics shall:

- take charge and cooperate with relevant authorities affiliated to the Ministry of National Defense in providing guidance and inspecting the provision of benefits for non-commissioned officers, defense workers and defense public employees in authorities and units in accordance with the Decree No. 151/2016/ND-CP and this Circular;

- take charge and cooperate in resolving issues during the implementation.

b) The Department of Organization and Personnel/General Department of Politics, Department of Army Personnel/General Staff shall:

- take charge of directing and inspecting authorities and units to provide benefits for non-commissioned officers, defense workers and defense public employees under its management in accordance with regulations of the Decree No. 151/2016/ND-CP and this Circular;

- within their jurisdiction, submit the list of persons eligible for early retirement to the General Staff, General Department of Politics that shall submit the report to Standing Commission of Central Party and leaders of the Ministry of National Defense for decision; promptly resolve issues that arise.

c) The Department of Finance of the Ministry of National Defense shall:

- take charge and cooperate with relevant authorities affiliated to the Ministry of National Defense in instructing authorities and units to make an estimate of funding for provision of benefits for non-commissioned officers, defense workers and defense public employees in accordance with the Decree No. 151/2016/ND-CP and this Circular;

- cooperate in providing guidelines, carrying inspections and resolving issues that arise upon the provision of benefits.

d) Social security authorities of the Ministry of National Defense shall take charge and cooperate with relevant authorities in providing health insurance benefits for relatives of defense workers and defense public employees prescribed in the Decree No. 151/2016/ND-CP and this Circular:

2. Authorities, units and enterprises affiliated to the Ministry of National Defense shall:

a) disseminate regulations on provision of benefits prescribed in the Decree No. 151/2016/ND-CP and this Circular to non-commissioned officers, defense workers and defense public employees under their management;

b) provide guidelines and organize provision of benefits as prescribed by law; cooperate in resolving issues that arise.

Chapter IV

IMPLEMENTATION CLAUSE

Article 14. Effect

1. This Circular comes into force from August 25, 2017.

2. Guidelines for provision of benefits prescribed in this Circular come into force July 01, 2016.

3. In the cases where any of the documents referred to in this Circular is amended or replaced, the newest one shall apply.

Article 15. Responsibility for implementation

1. The Chief of the General Staff, the Director of the General Department of Politics, heads of authorities, units and enterprises are responsible for implementation of this Circular.

2. Difficulties that arise during implementation should be reported to the Ministry of National Defense (through the Department of Policy/General Department of Politics) for consideration./.

 

 

PP. THE MINISTER
THE DEPUTY MINISTER




Senior Lieutenant General Le Chiem

 


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Tình trạng hiệu lựcCòn hiệu lực
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Download Văn bản pháp luật 162/2017/TT-BQP

Lược đồ Circular 162/2017/TT-BQP guidelines 151/2016/ND-CP benefits for non commissioned officers


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            Văn bản hiện thời

            Circular 162/2017/TT-BQP guidelines 151/2016/ND-CP benefits for non commissioned officers
            Loại văn bảnThông tư
            Số hiệu162/2017/TT-BQP
            Cơ quan ban hànhBộ Quốc phòng
            Người kýLê Chiêm
            Ngày ban hành10/07/2017
            Ngày hiệu lực25/08/2017
            Ngày công báo...
            Số công báo
            Lĩnh vựcBộ máy hành chính, Lao động - Tiền lương
            Tình trạng hiệu lựcCòn hiệu lực
            Cập nhật4 năm trước

            Văn bản thay thế

              Văn bản được căn cứ

                Văn bản hợp nhất

                  Văn bản gốc Circular 162/2017/TT-BQP guidelines 151/2016/ND-CP benefits for non commissioned officers

                  Lịch sử hiệu lực Circular 162/2017/TT-BQP guidelines 151/2016/ND-CP benefits for non commissioned officers

                  • 10/07/2017

                    Văn bản được ban hành

                    Trạng thái: Chưa có hiệu lực

                  • 25/08/2017

                    Văn bản có hiệu lực

                    Trạng thái: Có hiệu lực