The Decree 23/2012/nd-Cp: Regulation Modes For Audience Participation War Defense, International Duty In Cambodian-Chi-A, Help You To Laos After 30 April 1975 There From ...

Original Language Title: Nghị định 23/2012/NĐ-CP: Quy định một số chế độ đối với đối tượng tham gia chiến tranh bảo vệ Tổ quốc, làm nhiệm vụ quốc tế ở Căm-pu-chi-a, giúp bạn Lào sau  ngày 30 tháng 4 năm 1975 có từ...

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THE GOVERNMENT.
Numbers: 23 /2012/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, April 3, 2012

DECREE

Regulation of a number of modes for the object to participate in the National War of the Nations, as a duty

International in Cú-pu-a, help you Laos after 30 April 1975 dates back to 20 years

Returning to service in the army, the police officer, discharged, discharged.

________________________

Government Law Base December 25, 2001;

At the suggestion of the Minister of Defense, Minister of Public Security;

The government issued a decree which stipulated a number of regimes on the subject of the war to protect the Fatherland, which served as an international duty in Cu-pu-a, helping to Laotian after 30 April 1975, with enough 20 years to become active in the army, the Duke of Laos, All right, let's go.

What? 1. The adjustment range

The decree provides for the term of retirement, a one-time pension, medical insurance, and burial for the subject directly to the war to protect the Fatherland in the Southwest border, the northern border, as an international duty in Cú-pu-a, which helps you (after all). This is a direct reference to the War of the Fatherland War on 30 April 1975, and after 30 April 1975, 20 years or so on service in the army, the public, the army, the Army, the Army, the Army.

What? 2. Subject applies

1. This decree applies to officers, professional soldiers, corporal officers, soldiers of the people 's military (called off as servicemen); officers, corporal officers, soldiers of the people' s security (called off to be public); who works as a salary-factor as the enemy. With the military, the people ' s citizens, the people ' s citizens (for example), enlisted, recruited after 30 April 1975, directly involved in the War of the Fatherland War, as the international duty of duty for 20 years to serve in the military, the public, the non-government. is enjoying the retirement, labor loss regime, or the monthly patient regime in one of the following cases:

a) that he served, discharged, before April 1, 2000;

b) The injured wounded from 81% or more are nursing at the merchant nursing corps or from wounded veterans who have returned to their families;

c) The military, public, had the decision to transfer the industry prior to April 1, 2000 but did not make a transfer regime or had stopped serving locally without the resolution of the service, discharged, and quit.

d) The military, the public, the primary was resolved to the regime, discharged, stopped and went to labor in international cooperation or was given international cooperation for the country and was resolved to the service of the service, discharged, before 1 January. 4, 2000.

2. This decree does not apply to the following objects:

a) The object is not eligible for regulation at 1 Article;

b) The subject is enjoying a pension or is working on a salary from a state budget that is involved in compulsory social insurance or is enjoying the loss of labor, the monthly patient regime;

c) deseriation, surrender, betrayal, feedback;

d) Violation of the law is accepting a prison sentence, a life sentence, or sentenced to one of the crimes of a national security breach, which has not been cleared of a case; stripped of his title, the title of citizen of the people;

The unauthorized appearance, who is settling abroad illegally or was declared missing by the court;

e) The military, public citizen enlisters, recruited before April 30, 1975;

g) The specified object at Clause 1 This is from the ceiling but there is no longer a wife or husband; child, adoption; birth father, birth mother or legal rearing.

What? 3. The regulation of the site, the time of the National War of Protection, for international duty.

1. Direct participation in the National Guard War is directly on the mission of screening, directly serving combat on the Southwest border, the northern border, for a mission to scan Ful in the Highlands in the territory and the time stipulated at Clause 2 and Point 2. , point b, Point 3 Points.

2. The site of hostilities in the National Guard War is that the districts of the Southwest border, the northern border, including the border island districts and the Yellow Sa area, Changsha, DK1; the provinces of the Highlands and the surrounding areas of war.

The Defense Minister stipulated that the sites of the war occurred.

3. The time of hostilities in the war to protect the Fatherland and to do international duty is defined as follows:

a) On the Southwest border from May 1975 to January 7, 1979;

b) On the northern border from February 1979 to December 31, 1988;

c) Ful scan from May 1975 to December 1992;

d) Working for Lao friends from May 1975 to December 31, 1988;

International duty in Cú-pu-a from January 1979 to 31 August 1989.

The time of international duty on a number of units as special duty of the Ministry of Defence, the Ministry of Public Security, was regulated by the Minister of Defense, Minister of Public Security.

What? 4. Penal Mode

1. The time of work to feature the retirement regime is specified as follows:

a) The time of practical work in the military, the public, is primarily of a social insurance or is considered to have closed social insurance to enjoy the retirement of pensions, including: time as officers, professional servicemen, corporal officers, soldiers, officials of the office, etc. The defense, the security officer, the essential worker. The time of the work on if there is a disruption, it will be cornered.

For instances of switching to work in the agency, unit, organization outside of the military, the public, the primary, the latter, or having served, discharged, quit the employment of international cooperation, or be sent to international cooperation after the service. published, quit or wounded nursing at heavy merchant nursing unions led by the Labour-Trade and Social Affairs sector, the time of military, public, muscle, and international cooperation time, the time of nursing at the time. The heavy merchant nursing corps led by the Labour-Trade and Social Society was not in the regulation of the prescribed retirement regime at Parliament. Hey.

b) Work time to calculate the retirement mode if a month is less than 3 months less than 3 months to six months as a half (1/ 2) the degree of a year of social security, ranging from over 6 months to 12 months is calculated as a result. It ' s a year of social security.

2. The monthly pension of the prescribed objects at 1 Article 2 This decree is calculated according to the number of years of actual service in the military, the public, the primary. The pension level and the average monthly wage as a base of social insurance are as follows:

a) The pension level: 15 years of the average of 45% of the average monthly wage in social insurance; after that, one year of social security is added 3% for women and 2% for men. The maximum monthly pension is 75% of the average monthly wage in social insurance.

In the event of a cost-living object, the monthly pension is calculated as per 1 month minimum wage by the Government's provisions for each period.

b) The average monthly wage in social insurance premiums to calculate the monthly pension is the average monthly salary of the last five years (60 months) before serving, discharged, quit, transfer or transfer to the Labour nursing team in the labor industry. -Trade and Social Affairs or before we go to international cooperation.

c) The monthly wages for the social insurance of the last five years, including: salaries by the rank of military rank, tranche, rank and annuated allowable allowable allowable allowable subterms (if any) are converted into a prescribed supply coefficient at the digital decree. 204 /2004/ND-CP December 14, 2004 The Government of the Government on the Wage Regime on the staff, the public, the officer and the armed forces. The rank of lieutenant-level is 3.90.

What? 5. A one-time grant and medical insurance regime, the burial site.

1. The specified object at Point a, Point c and Point 1 Article 2 This decree came from the ceiling before January 1, 2012, including the object from the ceiling while at the service or is working then one of the following relatives of the subject is entitled. Allowable allowance of 3,600,000 copper: wife or husband; child, adoption; birth father, birth mother or legal rearing.

2. Subject to regulation at Clause 1 Article 2 This decree should not be entitled to the health insurance regime, is entitled to the degree of health insurance under the law of health insurance; when the ceiling, the burial anxiety is entitled to the burial, the patient is given. A monthly allowance or a one-time allowance and other regimes, such as the pension of the pension by the current law of social insurance.

What? 6. Profile, sequence resolution sequence

1. The filing of the pension regime, the one-time grant regime is stipulated as follows:

a) The application of the retirement regime includes: 1 single offer of the object; one or some of the original papers or referred to as the original paper or related paper (the main or copy of the authorship granted) demonstrate the correct object, sufficient conditions to enjoy the degree. regulation at paragraph 1 Article 2 and Article 3 of this decree.

b) The case for a one-time allowance (for the object from the ceiling) consists of: 1 single offer of the object of the object; one or some of the original papers or referred to as the original paper or related paper (the official or copy of the authority granted) the certificate. You are right, you're right. You're right. You're right.

2. The sequence, the deadline for solving the retirement mode, the one-time allowance mode is done as follows:

a) The specified object at paragraph 1 Article 2 of this decree or the subject of the subject is responsible for making the application and filing 1 of the prescribed records at Clause 1 This Article to the Social People's Committee where to register for permanent residence;

b) In the period of no more than seven working days, since the date of receiving sufficient records, the Social People's Committee completed the synthesis, the filing of a military command report on the object of the military, the primary, and the public level. You know,

c) In the period of no more than 7 working days, since the date of receiving sufficient records by statute (in accordance), the Military Command completed the review, aggregation, report of the Military Command, Ministry of Capital of the Capital of Hanoi; district security completed the trial. Browse, provincial security, fire department, fire department, fire department.

d) In the period of no more than seven days of work since the date of receiving enough records by statute (in each phase), the Military Command completed the review, fining the case, reports the Military District Command; provincial security, Fire Department Police Department, fire extinguidising. the review, fining of records, aggregation, Social Security Insurance report;

In times of no more than 10 working days, since the date of receiving enough records by statute (in each phase), the Military District Command and the Hanoi Ministry of Capital Command complete the appraisal, complete records of the subjects as military personnel, the primary, the transfer of the Insurance. Ministry of Defense.

e) In the period of no more than 30 working days, since the date of receiving enough records by statute (in accordance with), the Defense Ministry Social Insurance completed the review, which decided to enjoy the retirement regime, the auxiliary regime for the object as military, muscle and body. The Social Security Insurance Department of Vietnam performs; Social Insurance is approved by the Ministry of Public Security, the decision to enjoy the pension regime, the one-time grant to the object of the object, the transfer of the Social Insurance of Vietnam.

What? 7. Cost of Food

The policy of implementing the regime, the policy stipulated at this decree was provided by the state budget as defined by the law on the state budget.

What? 8.

1. The Ministry of Defence, Ministry of Labor-Trade and Social Affairs, the Ministry of Finance directed to carry out the regime on the subject of the subject, the specified body at Article 1 Article 2 of this decree.

2. Ministry of Public Security, Ministry of Labor-Trade and Social Affairs, Ministry of Finance directed to implement the regime for the object is the regulation of regulation at paragraph 1 Article 2 of this decree.

3. The Ministry of Finance is responsible for the annual funding to implement the regime, the policy stipulated at this decree by the rule of law on the state budget.

4. Vietnam Social Insurance is responsible for receiving, paying the regime on the subject by regulation at this decree.

5. The validation, the review of the regime, the policy of regulation at this decree must guarantee public, strict, accurate and convenient.

6. Those with misbehavior or forgery of records for the regime, depending on the nature and extent of the breach, are subject to disciplinary action or search for criminal liability and must reimbursate the amount of money received; damages (if available), according to the law. the law.

What? 9. Terms of execution

1. This decree has been in effect since 19 May 2012.

2. Subject to Regulation 1 Article 2 This decree is entitled to the monthly pension status since 1 January 2012.

3. The ministers, peer-to-peer authority, Head of the Government of the Government, Chairman of the People's Committee of the Provinces, the Central City of the Central Committee is responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung