JOINT CIRCULAR
Guiding the implementation of Decree No. 159/2006 / ND-CP of December 28, 2006 of the Government on the implementation
pension for soldiers directly involved in the resistance
against American war from 30/04/1975 backwards 20 years serving the military demobilization, demobilization

_____________________________ Implementation of Decree No. 159/2006 / ND-CP of December 28, 2006 of the Government on the implementation of pension for soldiers directly involved in the resistance war against America from the date 30.04.1975 backwards 20 years serving the army was demobilized, demobilized (called Decree 159/2006 / ND-CP), the Ministry of Defense - Ministry of Labour - Invalids and Social Affairs - Ministry of Finance guide the implementation as follows:
I. SUBJECTS AND CONDITIONS
1. Subjects applied
officers, professional soldiers, officers and soldiers directly involved in the resistance war against American enlistment date of 30/04/1975 or earlier, with 20 years or more serve in the army were demobilized, demobilized before the date 01/4/2000, in one of the following cases:
a) following demobilization, demobilization;
B) Invalids reduced working capacity of 81% or more are treated in centers or nursing wounded soldiers from the nursing center was about family wounded but not yet entitled to the pension.
Time served in the army including time officers, professional soldiers, non-commissioned officers, soldiers and civil defense workers and employees. Time military service interrupted if there shall be aggregated.
2. Objects not apply
a) Those who violate the law are serving sentences of imprisonment, illegal exit or the courts being declared missing;
B) Those who defected, surrendered betrayal, moves back in the war against America.
II. 1
entitlements. Working time for calculating pensions
a) Duration of work with social insurance and working periods of time are considered social insurance contribution (SI) as a basis for calculating pensions the actual working time have been identified in the dossier demobilized, demobilized or profile of each person wounded.
B) The time is calculated from the date of 31/03/2000 or earlier, if there are broken shall be aggregated; case of odd months, less than 3 months are not counted, with full 3 months and 6 months half (1/2) of pension of one year of social insurance, from 6 months to 12 months of pension is calculated by a year of social insurance contributions.
2. Monthly pension defined in Paragraph 1, Article 3, Decree No. 159/2006 / ND-CP are as follows
Soldiers working time as stipulated in Clause 1, Section II of this Circular 15 years equal to 45% of the average monthly wage serving as basis for paying social insurance (SI); then, from the 16th year onwards, one additional year of social insurance is an additional 2% for males and 3% for women. The level of the maximum monthly pension equal to 75% of the average monthly wage serving as basis for paying social insurance.
Example 1: Mr. Le Van Kim, Major, Battalion, born 1952, enlisted May 09/1970, of 23 years, 5 months of military service; Demobilized month 02/1994; is now entitled to a monthly pension, the pension calculation rate as follows:
- full 15 years = 45%;
- From the 16th year to the 23rd year (8 years): 2% x 8 (years) = 16%;
- Retail There is an additional 5 months: 2% x 0.5 = 1%;
- Percentage% Kim's pension shall be 45% + 16% + 1% = 62%.
Example 2: Mrs. Nguyen Thi Ha, Captain, born in 1943, enlisted May 01/1961, of 20 years, 1 month military service; Demobilized month 02/1981; is now entitled to a monthly pension, the pension calculation rate as follows:
- full 15 years = 45%;
- From the 16th year to 20th year (5 years): 3% x 5 (years) = 15%;
- Percentage% of her pension Ha is: 45% + 15% = 60%. 3
. Monthly wage as the basis for calculating pensions
monthly wage as the basis for pension calculation includes salary ranks, class, grade and seniority allowance, position allowances (if any) in the last 5 years before demobilization, demobilization, or before moving into nursing centers under the Labour Invalids - Invalids and Social Affairs is converted into coefficient salaries, allowances corresponding provisions in Decree No. 25 / CP 23/05/1993 Government temporarily stipulating the new wage regime officials, administrative officials, business and the armed forces (the rank of Brigadier Captain salary coefficients calculated in 3.0). The minimum salary for pension calculation basis is at 290,000 VND / month.
Example 3: Mr. Le Van Kim (mentioned in Example 1) are now entitled to a monthly pension; His wages under Kim's ranks as follows:
- From January to June 07/1991 02/1989 (30 months) rank Captain (coefficient of 4.15); senior 20%; position allowances Battalion (coefficient of 0.35).
- From January to June 01/1994 08/1991 (30 months) rank Major (coefficient of 4.80); senior 23%; position allowances Battalion (coefficient of 0.35).
Salary pension calculation purposes of Kim is:
(290,000 x 4.15 x 1.20 x Council 30th) + (0.35 x 30th VND 290,000 x) = 46.371 million dong

(290,000 x 4.80 x 1.23 x Council 30th) + (0.35 x 30th VND 290,000 x) = 54,409,800
copper (copper + 54,409,800 46,371,000 VND): 60 months = 1.67968 million dong / month.
The calculation of his monthly pension by the time Kim was before 01/10/2004 are: 1,679,680 x 62% = 1,041,402 VND / month.
A) If the object has time paid less than 5 years (60 months), the salary used for calculating the pension is calculated on the average of total monthly wages according to officer ranks, ranks and grades QNCN.
Example 4: Mr. Nguyen Van Hien, born in 1940, enlisted May 01/1958, of 20 years, 2 months of military service; Demobilized month 03/1978; May 05/1974 Brigadier rank was lieutenant; May 05/1976 was promoted to the rank of Lieutenant.
Method of calculating salary used for calculating his pension Hien is:
- From January to June 04/1976 05/1974 of 24 months; grant warrants, salary ratio 3.0; seniority 18%.
X 3.0 x 1.18 VND 290,000 = 24,638,400 VND x 24th.
- From January to June 02/1978 05/1976 of 22 months; 20% seniority.
X 3.20 x 1.20 VND 290,000 = 24,499,200 VND x 22th.
Average salary used for calculating the pension is:
(VND 24,638,400 24,499,200 VND +): 46th = 1,068,208 VND / month.
B) In specific cases, the profile of the object only prove the last rank before demobilization, demobilization, the applicable hold period ranks as stipulated by the Law on Officers VPA (1981) to determine.
4. The calculation of pensions of those defined in Clause 1, Section I of this Circular applies adjustments as those who gets a monthly pension before 10/2004 stipulated in the Decree No. 208/2004 / ND CP dated 14/12/2004; Decree No. 117/2005 / ND-CP and Decree No. 118/2005 / ND-CP dated 15/09/2005; Decree No. 93/2006 / ND-CP and Decree No. 94/2006 / ND-CP of the Government dated 07/09/2006 (Panel, Appendix to the Circular).
Example 5: Where Kim (mentioned in example 1 and 3), the rank of Major (coefficient of 4.80), the calculation of pensions from 10/2004 onwards as follows:
- From 10/2004 to be adjusted under the provisions of Decree No. 208/2004 / ND-CP of the Government dated 14/12/2004, an increase of 10%:
1,041,402 VND / month x 1, 10 = 1,145,542 VND / month.
- From 10/2005 to be adjusted in accordance with Decree No. 117/2005 / ND-CP dated 15/09/2005, an increase of 8%; Decree No. 118/2005 / ND-CP dated 15/09/2005, an increase of 20.7%:
1,145,542 VND / month x 1.08 = 1,237,185 VND / month.
1,237,185 VND / month x 1,207 = 1,493,283 VND / month.
- From 10/2006 onwards be adjusted under the provisions of Decree No. 93/2006 / ND-CP dated 07/09/2006, an increase of 8%; Decree No. 94/2006 / ND-CP dated 07/09/2006, an increase of 28.6%:
1,493,283 VND / month x 1.08 = 1,612,745 VND / month;
1,612,745 VND / month x 1,286 = 2,073,991 VND / month.
- Pensions Kim actually won since May 01/2007 is 2,073,991 VND / month.
5. Subjects eligible for subsistence (noncommissioned officers - soldiers), the amount of monthly pension are entitled to the general minimum wage, prescribed by the Government for each period.
Example 6: Mr. Nguyen Van Yen, born in 1949, enlisted May 04/1967, sergeant, platoon deputy and invalids injury rate 86%, month 06/1988 transferred to the camp's nurse Labour - Invalids and Social Affairs; 21 years, 2 months of military service. His monthly pension from October 01/2007 Yen received the minimum wage stipulated by the Government is VND450,000 / month.
6. Subjects are entitled to a monthly pension as stipulated in Clause 1, Article 4 of Decree No. 159/2006 / ND-CP dated 28/12/2006 of the Government are entitled to health insurance; death, the funeral shall receive a funeral allowance, family members receive monthly death mode or modes of survivorship once under current provisions of the law on social insurance.
7. Those defined at Point a, Clause 1, Section I of this Circular died before 01/01/2007 or after 01/01/2007 but died unearned monthly pension under Decree No. 159 / 2006 / ND-CP dated 28/12/2006 of the Government, one of the relatives of the object (spouse, father, mother, child birth, adoption or foster legal persons) are represented received mode once with 3,600,000 contracts.
III. RECORDS AND ORDER OF
1. Entitled to review records
a) dossier entitled to review the monthly pension is made in 5 sets, including:
- The application of the object;
- Decision demobilization, demobilization (original) for those demobilized, demobilized; Decision certification wounded and disability or excerpt injury records (original) for those wounded.
Where incomplete decision factors pension entitlement review the attached resume or curriculum vitae military officials or party members resume;
- Documents other relevant records: decide promotion to the rank, salary increase, promotion, appointment, social insurance books ... (if applicable);
- Statement of the social insurance;
- Decision implementing the pension regime of the High Command of Military Zone;

- The written request of the grant.
B) file for consideration once entitlement is made in 4 sets, including:
- The application of object relatives;
- Decision demobilization, demobilization original (for those demobilized, demobilized). Where there is no original, then submit a resume or curriculum vitae military officials or party members resume; social insurance certificate (if applicable);
- Statement of the social insurance;
- Death certificate;
- The written request of the grant.
2. The order and shall perform
2.1. For objects and object relatives:
submit papers following prescribed for military agencies communes:
a) Subjects of demobilized soldiers, demobilized eligible pension:
- application for pension entitlement (form 01-159);
- Decision demobilization, demobilization (original);
- Documents other relevant records.
B) The wounded are entitled to 81% or more are entitled to pension:
- application for pension entitlement (Form 01-159);
- Decision certification wounded and disability;
- Other documents concerned.
Private object centers are nursing wounded soldiers, the dossiers submitted to the local military authorities residence.
C) Relatives of objects other than the ceiling prescribed in Clause 7, Section II are entitled once:
- A petition entitled to one (Form 02-159);
- Decision demobilization, demobilization (original);
- Documents other records related to the objects preserved (if any);
- Death certificate;
- Attorney of kin (Form 03-159) (if any).
2.2. For Ban district military commander (district):
a) propagate, disseminate policies; directing and guiding the implementation of the commune;
B) Acceptance of the object records by military authorities commune (ward), synthesis and reporting;
C) Organization approval and verification, make a list, make written requests Provincial Military Command (city) as prescribed (Form 04-159).
2.3. For Provincial Military Command (city):
a) propagate and disseminate policies; directing and guiding;
B) To receive records of military authority districts (counties) reports;
C) Directing policy agencies, officials and forces complete dossier procedures prescribed in this Circular;
D) Organization approved subjects; complete and up all the dossiers prescribed in Clause 1, Section III of this Circular (the documents are photocopies and certified by the Provincial Military Command);
E) Make written political reporting military zone Bureau (Form 04-159);
E) Payment of one-time mode for object relatives died when a decision and settlement in accordance with current regulations.
2.4. For military regions:
a) propagate and disseminate policies; directing and guiding;
B) direct the units provide records of the objects of management responsibilities when required;
C) To receive records of provincial military authorities (municipalities) reported;
D) Approval, make a list, registration management and decision-implementation of pension (Form 05-159), make written requests Policy Department (military SI) consider decides (form 06-159).
2.5 Policy Department - General Political Department (SI Army):
a) propagate and disseminate policies; direct, guide and organize the implementation thereof;
B) organize the reception and approval, decision making pension entitlement (Form 07-159), mode once (Form 08-159); certificates of pension benefits; payment slip mode once; referral suggest local social insurance pension payments as prescribed;
C) Decentralization of funding to ensure the implementation and payment of prescribed regime;
D) Record keeping (the original) and transfer the file to the agencies, units and objects follow the regulations.
2.6. Agency officials and armed forces in the military at all levels:
Supply, inspection and certification records for objects under management at the request of the object or the local military authorities. Where units settle for objects demobilization, demobilization has merged, dissolved, agencies and units responsible for the superior resolution.
IV. IMPLEMENTATION
1.
Responsibility Steering DOD agencies and units under responsible guidance, test, profile; decisions and complete the procedure awarded monthly pension regime, the regime once; the payment of a settlement once covered under the provisions of this Circular.
For those cases where there are concerns about how the entitlement, the Ministry of Defence reaching agreement with the Ministry of Labour - Invalids and Social Affairs and the Ministry of Finance for consideration and settlement.
2.
Responsibilities MOF coordinate with the Ministry of Defence to ensure funding to regulations and policies prescribed in Decree No. 159/2006 / ND-CP of December 28, 2006 of the Government. 3
. Responsibility Vietnam Social Insurance SI
Guiding provinces (cities) of the receipt of records entitled to pension by the army moved to VSS, perform monthly pension payments and the other modes for those who enjoy pension under the provisions of this Circular.

4. Funding sources secured
- Expenditures for the regime once guaranteed by the Ministry of Finance through the Ministry of Defense including pay and pension funding approval dossier is 20,000 / records;
- Funding secured pension regime by the Ministry of Finance transferred Vietnam Social Insurance payments.
5.
Effect This Circular takes effect after 15 days from the date of its publication.
The regime prescribed in this Circular are made from 01/01/2007.
When entitled to a monthly pension, the object is not retrospective payment of demobilization allowances, demobilized received.
Object is wounded and still enjoy the regimes and benefits for wounded soldiers under current regulations.
Those who have committed acts of perjury, or falsified, forged documents, in addition to being disciplined or prosecuted for criminal liability have to pay damages in accordance with law.
In the course of implementation, if any problems arise, agencies, units and localities should report to the Ministry for consideration and settlement. /.