Joint Circular No. 102/2010/TTLT-BQP-BLDTBXH-BNV-BTC guiding the implementation of certain regimes and policies for self-defense militia and the preparation of budget estimates, execution, and settlement of accounts for self-defense militia work.

JOINT CIRCULAR

Guidelines for implementing certain policies and regulations concerning civilian militia and self-defense forces, and the preparation, execution, and settlement of the budget for civilian militia and self-defense force activities.

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Pursuant to the Law on Civilian Militia and Self-Defense Forces dated November 23, 2009;

Pursuant to Decree No. 58/2010/NĐ-CP dated June 1, 2010 of the Government detailing and guiding the implementation of certain provisions of the Law on Civilian Militia and Self-Defense Forces;

Pursuant to Decision No. 257/2006/QĐ-TTg dated November 9, 2006 of the Prime Minister promulgating regulations on frequency band allocation for economic and social purposes, national defense, and security;

Pursuant to Decree No. 186/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;

Pursuant to Decree No. 48/2008/NĐ-CP dated April 17, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Interior;

Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

The Ministry of National Defense, the Ministry of Labor, Invalids, and Social Affairs, the Ministry of Interior, and the Ministry of Finance provide guidelines for implementing certain policies and regulations concerning civilian militia and self-defense forces, and the preparation, execution, and settlement of the budget for civilian militia and self-defense force activities as follows:

Article 1. Scope of Regulation

This Circular provides guidance on the calculation of monthly allowances, seniority allowances, special defense and military allowances, support for social insurance contributions for Deputy Chiefs of Civilian Militia and Self-Defense Force Committees at commune, ward, and town levels (hereinafter referred to collectively as commune level), Village Militia Leaders; labor day compensation benefits, hazardous duty allowances for civilian militia and self-defense forces, policies for regular civilian militia, files, responsibilities for preparing files recognizing civilian militia and self-defense forces as beneficiaries of policies for war invalids and martyrs; the preparation, execution, and settlement of the budget for civilian militia and self-defense force activities; the responsibilities of relevant ministries and provincial-level People's Committees (hereinafter referred to collectively as provincial level) in implementing policies and regulations for civilian militia and self-defense forces.

Article 2. Applicability

1. State agencies, organizations (political, political-social organizations, public service units, economic organizations (hereinafter referred to collectively as agencies, organizations).

2. Civilian Militia and Self-Defense Force Committees at commune, ward, and town levels (hereinafter referred to collectively as Civilian Militia and Self-Defense Force Committees at commune level); Civilian Militia and Self-Defense Force Committees at ministry, agency equivalent to a ministry, government agency, Central Party Committee Office, National Assembly Office, President's Office, State Audit Office, Supreme People's Procuracy, Supreme People's Court, central offices of political-social organizations, state-owned economic groups, and state-owned corporations established by the Prime Minister's decision (hereinafter referred to collectively as Civilian Militia and Self-Defense Force Committees at central level); Civilian Militia and Self-Defense Force Committees at grassroots agencies and organizations.

3. Village Militia Leaders.

4. Core members of civilian militia and self-defense forces.

5. Broad-based civilian militia and self-defense forces when mobilized to perform duties of competent authorities as provided for in Article 44 of the Law on Civilian Militia and Self-Defense Forces.

Article 3. Calculation of the duration of entitlement to monthly allowances for Deputy Chiefs of Civilian Militia and Self-Defense Force Committees at commune level and Village Militia Leaders as stipulated in Point a Clause 1, Clause 2, Article 38 of Decree No. 58/2010/NĐ-CP.

The duration of entitlement to monthly allowances is calculated from the date of appointment decision and implemented until the date of cessation of the position; if holding the position for 15 days or more in a month, the full monthly allowance is entitled, and if holding the position for less than 15 days in a month, 50% of the monthly allowance is entitled.

Example 1: Comrade Nguyen Van A was appointed Deputy Chief of Civilian Militia and Self-Defense Force Committee at commune level from August 14, 2010. The general minimum wage at the time of August 2010 was 730,000 VND/month; the monthly allowance coefficient as stipulated in Point a Clause 1 Article 38 of Decree No. 58/2010/NĐ-CP is 1.0. Since Comrade A held the position for more than 15 days in August 2010, the monthly allowance for August 2010 that Comrade A is entitled to is: 730,000 VND x 1.0 = 730,000 VND/month.

Article 4. Calculation of seniority allowance as stipulated in Article 39 of Decree No. 58/2010/NĐ-CP

The Commanders, Political Commissars, Deputy Political Commissars, and Deputy Commanders of the People's Militia Battalion at the commune level who have worked continuously for five years (sixty months) from the date of the decision appointing them to their positions shall be entitled to a seniority allowance equal to 5% of their current salary and leadership position allowance, seniority allowance exceeding the ceiling (if applicable), or their current monthly allowance; from the sixth year onwards, each year (twelve months) they will be entitled to an additional 1% until they cease holding that position.

Example 2: Comrade Nguyen Van B was appointed Commander of the People's Militia Battalion at the commune level on January 1, 2004; by July 1, 2010, he had worked continuously in the position of Commander of the People's Militia Battalion at the commune level for six years and six months, thus being entitled to a 6% seniority allowance. Comrade B currently has a salary coefficient of 2.46 at grade 4 of the civil servant scale (code 01.004). The general minimum wage at the time of July 2010 was 730,000 VND/month. Therefore, Comrade B's seniority allowance for July 2010 is: 730,000 VND x 2.46 x 6% = 107,748 VND/month.

Article 5. Calculation of special defense and military allowances as stipulated in Article 40 of Decree No. 58/2010/NĐ-CP

1. The period during which special defense and military allowances are received is calculated from the month of the appointment decision until the cessation of holding that position. In cases where the position is held for 15 days or more in a month, the special defense and military allowance for the entire month is granted; if the position is held for less than 15 days in a month, 50% of the special defense and military allowance for that month is granted.

2. Calculation method:

a) The amount of special defense and military allowance for the Deputy Commander of the People's Militia Battalion at the commune level is calculated as 50% of the total current allowances, including: the monthly allowance prescribed in point a, clause 1, Article 38, responsibility management and command unit allowance prescribed in point h, clause 1, Article 37, and seniority allowance prescribed in Article 39 of Decree No. 58/2010/NĐ-CP;

Example 3: Comrade Nguyen Van C was appointed Deputy Commander of the People's Militia Battalion at the commune level on March 1, 2005; by July 1, 2010, Comrade C had worked continuously for five years and four months, thus being entitled to a 5% seniority allowance. The general minimum wage at the time of July 2010 was 730,000 VND/month. Comrade C receives a management and command unit responsibility allowance coefficient of 0.22 according to point h, clause 1, Article 37 of Decree No. 58/2010/NĐ-CP and a monthly allowance coefficient of 1.0 according to point a, clause 1, Article 38 of Decree No. 58/2010/NĐ-CP. Therefore, Comrade C's special defense and military allowance for July 2010 is:

- Monthly allowance: 730,000 VND x 1.0 = 730,000 VND/month

- Management and command unit responsibility allowance:

730,000 VND x 0.22 = 160,600 VND/monthVND x 0.22

- Seniority allowance: 730,000 VND x 5% = 36,500 VND/month

- Special defense and military allowance:

(730,000 VND + 160,600 VND + 36,500 VND) x 50% = 463,550 VND/month

b) The special defense and military allowance for the Mobile Militia Platoon Leader is 50% of the responsibility allowance prescribed in point c, clause 1, Article 37 of Decree No. 58/2010/NĐ-CP;

c) If the Mobile Militia Platoon Leader is concurrently appointed by the Village Team Leader, then the Village Team Leader shall receive the management and command unit responsibility allowance of the Mobile Militia Platoon Leader with a coefficient of 0.20 as prescribed in point c, clause 1, Article 37 of Decree No. 58/2010/NĐ-CP, and the special defense and military allowance is calculated as 50% of the total current allowances, including: the monthly allowance of the Village Team Leader as prescribed in clause 2, Article 38, and the management and command unit responsibility allowance of the Mobile Militia Platoon Leader as prescribed in point c, clause 1, Article 37 of Decree No. 58/2010/NĐ-CP;

Example 4: Comrade Nguyen Van D was appointed Village Team Leader concurrently with Mobile Militia Platoon Leader of Commune M, District L, Province T on July 1, 2009; the monthly allowance coefficient of the Village Team Leader according to the decision of the Provincial People's Committee of Province T is 0.5; the management and command unit responsibility allowance of the Mobile Militia Platoon Leader is 0.20 as prescribed in point c, clause 1, Article 37 of Decree No. 58/2010/NĐ-CP. The general minimum wage at the time of July 2010 was 730,000 VND/month. Therefore, Comrade D's special defense and military allowance for July 2010 is:

- Monthly allowance: 730,000 VND x 0.5 = 365,000 VND/month;

- Management and command unit responsibility allowance:

730,000 VND x 0.20 = 146,000 VND/month;

- Special defense and military allowance:

(365,000 VND + 146,000 VND) x 50% = 255,500 VND/month.

Article 6. Support for social insurance contributions for Deputy Chiefs of Village Militia and Defense Committees

The Deputy Chief of Village Militia and Defense Committees is a non-professional worker at the village level. If they have a desire to voluntarily join the social insurance during their term of office, they shall be supported by the local budget to pay voluntary social insurance contributions in accordance with the provisions of the law; the level of support shall be decided by the Provincial People's Council based on the local budget capacity.

Article 7. Calculation of daily labor allowance for civilian militia

1. The level of daily labor allowance for civilian militia implemented from July 1, 2010, shall be calculated as follows:

a) For coastal civilian militia: The level of daily labor allowance shall be determined by multiplying the national minimum wage set by the Government with the daily labor allowance coefficient decided by the provincial People's Committee and submitted to the same-level People's Council for approval, but not lower than the coefficient of 0.12 as stipulated in point a, Clause 1, Article 48 of the Law on Civilian Militia and Self-defense.

In cases where coastal civilian militia perform tasks to protect the sovereignty and rights over maritime and island territories of the Socialist Republic of Vietnam according to the mobilization decision of the competent authority as specified in points a, b, and c, Clause 1, Article 44 of the Law on Civilian Militia and Self-defense, the daily labor allowance shall be calculated by multiplying the national minimum wage set by the Government with the coefficient of 0.25 as stipulated in Clause 2, Article 41 of Decree No. 58/2010/NĐ-CP.

b) For other civilian militia: The level of daily labor allowance shall be determined by multiplying the national minimum wage set by the Government with the daily labor allowance coefficient decided by the provincial People's Committee and submitted to the same-level People's Council for approval, but not lower than the coefficient of 0.08 as stipulated in point a, Clause 2, Article 47 of the Law on Civilian Militia and Self-defense;

2. The daily labor hours of civilian militia shall be calculated as 8 hours per day as stipulated in Clause 1, Article 68 of the Labor Code.

3. Additional allowances for overtime work:

a) If working overtime on a regular working day, as stipulated in point a, Clause 1, Article 61 of the Labor Code, it shall be calculated at 150% of the hourly wage based on the daily labor allowance rate and the actual number of overtime hours worked;

b) If working overtime on a weekly rest day, as stipulated in point b, Clause 1, Article 61 of the Labor Code, it shall be calculated at 200% of the hourly wage based on the daily labor allowance rate and the actual number of overtime hours worked;

c) If working overtime on a public holiday, it shall be calculated at 300% of the hourly wage based on the daily labor allowance rate and the actual number of overtime hours worked;

d) The hourly wage based on the daily labor allowance rate shall be calculated by dividing the daily labor allowance rate of civilian militia by 8 hours.

Example 5: Comrade Pham Van T, a mobile civilian militia member of Village M, District D, Province H, was mobilized to perform duties on Thursday (July 1, 2010). The actual duty time during the day was 12 hours, including 4 hours of overtime. The daily labor allowance rate according to the decision of the Chairman of the Provincial People's Committee of Province H is 0.08. The national minimum wage at the time of July 2010 was 730,000 VND/month. Comrade T's hourly wage is: (730,000 VND x 0.08)/8 hours = 7,300 VND. The calculation of daily labor allowance and additional overtime labor allowance for Comrade T is as follows:

- Daily labor allowance: 730,000 VND x 0.08 = 58,400 VND;

- Overtime labor allowance: 7,300 VND x 150% x 4 hours = 43,800 VND.

4. Night shift labor allowance:

a) Working hours at night are counted from 22:00 on the previous day to 06:00 on the following day for provinces north of Hue, and from 21:00 on the previous day to 05:00 on the following day for provinces south of Da Nang, as stipulated in Article 70 of the Labor Code and Article 6 of Decision No. 195/CP dated December 31, 1994 of the Government detailing and guiding the implementation of certain articles of the Labor Code regarding working hours and rest periods;

b) Civilian militia performing duties at night within the period specified in point a, Clause 4 of this Article shall receive an additional 30% of the daily labor allowance rate for daytime duties for the actual nighttime duty hours;

c) Nighttime overtime wages shall be paid as follows:

Example 6: In the case of Comrade T in Example 5, if he is mobilized to perform duties on Sunday (July 4, 2010), with actual duty hours of 6 hours during the day and 3 hours at night, his labor wages would be calculated as follows:

- Daytime duty labor allowance: 7,300 VND x 200% x 6 hours = 87,600 VND;

- Nighttime duty labor allowance: 7,300 VND x 130% x 200% x 3 hours = 55,940 VND.

Article 8. Subsidy system for civilian militia performing duties in places with hazardous factors

Civilian militia carrying out tasks according to the orders of competent authorities performing jobs listed in the catalog of heavy, dangerous, and particularly heavy and dangerous jobs shall enjoy on-site material subsidies as prescribed in Circular Joint No. 10/1999/TTLT-BLDTBXH-BYT dated March 17, 1999, issued by the Ministry of Labor, Invalids and Social Affairs and the Ministry of Health guiding the implementation of material subsidies for workers operating under hazardous conditions; and Circular Joint No. 10/2006/TTLT-BLDTBXH-BYT dated September 12, 2006, amending and supplementing Clause 2, Section II of Circular Joint No. 10/1999/TTLT-BLDTBXH-BYT dated March 17, 1999, issued by the Ministry of Labor, Invalids and Social Affairs and the Ministry of Health guiding the implementation of material subsidies for workers operating under hazardous conditions.

Article 9. Conditions for core civilian militia to receive additional workday allowances as stipulated in Clause 5, Article 47 of the Law on Civilian Militia

Core civilian militia shall be entitled to additional workday allowances when meeting the following conditions:

1. Having completed the obligation to join the core civilian militia.

2. Being decided by competent authorities to extend the term of fulfilling the obligation to join the core civilian militia.

3. Having a confirmation document from the Military Command Board at the commune level dispatching civilian militia to perform tasks, issued by the competent authority.

Article 10. Conditions, files, and responsibility for resolving benefits for core civilian militia as stipulated in Clause 2, Article 49 of the Law on Civilian Militia

1. Core civilian militia shall be entitled to the benefits prescribed in Clause 2, Article 49 of the Law on Civilian Militia when meeting the following conditions:

a) Having completed the obligation to join the core civilian militia;

b) During the period of fulfilling the obligation to join the core civilian militia, having performed at least 12 months of regular duty, which can be cumulatively calculated based on the decision to mobilize issued by the competent authority.

Formula for calculating the time spent on regular duty:

Where:

- Ttg: Total number of months spent on regular duty;

- Tng 1: Total number of days spent on regular duty in the first year;

- Tng 2: Total number of days spent on regular duty in the second year;

- Tng 3: Total number of days spent on regular duty in the third year;

- Tng 4: Total number of days spent on regular duty in the fourth year;

- 30: Average number of days in one month.

In cases where the calculation is made according to the above formula, if there is a remainder, it will be rounded off as follows: If the remainder is less than 0.5, it will not be counted; if the remainder is equal to or greater than 0.5, it will be rounded up to one month.

Example 7: Comrade Nguyen Van Q fulfilled the obligation to join the core civilian militia from July 15, 2010; on July 15, 2014, he was recognized by the competent authority as having completed the obligation to join the core civilian militia and confirmed the time spent on regular duty: 68 days in 2011, 188 days in 2012, 128 days in 2013, and 48 days in 2014.

The time Comrade Q spent on regular duty is calculated as follows

Therefore, the total time Comrade Q spent on regular duty is 14 months.

2. Documents:

a) A request letter from the civilian militia member, accompanied by a declaration of work experience and time spent on regular duty; confirmation from the Military Command Board at the commune level;

b) A copy of the mobilization decision or the decision assigning regular duty to the civilian militia member by the competent authority; Certificate of Civilian Militia;

c) Minutes of the verification session by the Commencement Duty Council at the commune level;

d) A letter requesting resolution from the People's Committee at the commune level.

3. Responsibility for resolution:

a) Annually, the Military Command Board at the commune level reviews civilian militia members under its jurisdiction who have completed the obligation to join the core civilian militia and meet the conditions to enjoy the benefits as stipulated in Clause 2, Article 49 of the Law on Civilian Militia, informs them, and guides them through the benefit procedures; takes the lead and coordinates with relevant agencies to assist the People's Committee at the same level in preparing the file for resolution;

b) The People's Committee at the commune level prepares the file and sends it to the Military Command Board at the district, town, or city under the province (hereinafter referred to collectively as the district level) for reporting to the competent authority for examination and decision-making according to the分级授权的级别划分由省级人民代表大会决定。

Article 11. One-time allowance for self-defense militia members who have not participated in mandatory social insurance and have been injured while on duty or due to accidental risks.

1. The level of one-time allowance for self-defense militia members specified in points b and c, Clause 2, Article 43 of Decree No. 58/2010/NĐ-CP shall be applied according to the calculation table prescribed in Appendix I attached hereto.

2. The People's Military Command at the commune level, the People's Military Command of agencies and organizations at the grassroots level, the People's Military Command of central ministries and sectors, or the Public Security agency shall establish investigation records of accidents according to the model provided in Appendix II attached hereto.

3. The People's Military Command at the district level shall prepare reports to review accidents according to the model provided in Appendix III attached hereto.

4. The People's Committee at the provincial level shall issue decisions on accident allowances according to the model provided in Appendix IV attached hereto.

Article 12. Cases of examination, files, responsibilities for establishing files to recognize self-defense militia members as persons entitled to policies similar to those for war invalids and martyrs.

1. Cases of self-defense militia members eligible for policies similar to those for war invalids and martyrs shall be implemented in accordance with the provisions of Clause 2, Article 51 of the Law on Self-Defense Militia and the regulations of laws providing preferential treatment for persons with meritorious service in the revolutionary cause.

2. Files, responsibilities for establishing files to recognize self-defense militia members as persons entitled to policies similar to those for war invalids and martyrs shall be implemented in accordance with the regulations of laws providing preferential treatment for persons with meritorious service in the revolutionary cause.

Article 13. Sources of funds to implement systems and policies.

1. Each year, central ministries and sectors and localities shall allocate funds for self-defense militia work according to the current state budget classification. For the year 2010, central ministries and sectors and localities shall aggregate additional funding requirements for implementing allowances and subsidies for self-defense militia members into the salary reform funding requirements of central ministries and sectors and localities.

2. The preparation, execution, and settlement of the state budget for self-defense militia work shall be carried out in accordance with the State Budget Law and guiding documents thereof.

Article 14. Implementation Organization

1. Military Ministry:

To take the lead and coordinate with the Ministry of Labor - Invalids and Social Affairs, the Ministry of Home Affairs, and the Ministry of Finance to direct, guide, inspect, and resolve difficulties in implementing systems and policies as stipulated in the Law on Self-Defense Militia, Decree No. 58/2010/NĐ-CP, and this Joint Circular.

2. Ministry of Finance:

Based on annual budgets, which include funds to ensure the implementation of systems and policies for self-defense militia members established by central ministries and sectors and localities according to the current state budget classification, these funds shall be consolidated into the annual state budget for submission to the competent authority for decision.

3. The Ministry of Labor - Invalids and Social Affairs:

To direct the Provincial Department of Labor - Invalids and Social Affairs to cooperate with relevant agencies to assist the Provincial People's Committee in organizing and implementing systems and policies as stipulated in the Law on Self-Defense Militia, Decree No. 58/2010/NĐ-CP, and this Joint Circular; to inspect and resolve systems and policies for self-defense militia members within the scope of responsibility of the Ministry of Labor - Invalids and Social Affairs in accordance with the law.

4. The People's Committee at the provincial level:

a) To submit to the People's Council at the provincial level for decision the daily labor allowance rate for self-defense militia members, the monthly subsidy rate for Village Militia Leaders, and the support amount for social insurance contributions for Deputy Commanders of the People's Military Command at the commune level;

b) To direct the People's Committees at the district and commune levels, subordinate agencies, and organizations to implement systems and policies for self-defense militia members;

c) To allocate local government budgets and implement payment procedures for systems and policies as stipulated in the Law on Self-Defense Militia, Decree No. 58/2010/NĐ-CP, and this Joint Circular for subjects managed by the locality according to the local government budget classification.

5. Enterprises shall be responsible for allocating funds to ensure the organization, training, and activities of self-defense forces or funds for enterprise employees participating in self-defense militia duties in their operational locations in accordance with the Law on Self-Defense Militia and guiding documents thereof.

Article 15. Implementation Provisions

1. This Joint Circular shall take effect 45 days from the date of issuance.

2. Systems and policies guided by this Joint Circular shall be implemented starting July 1, 2010.

3. To abolish Joint Circular No. 46/2005/TTLT-BQP-BKH&ĐT-BTC-BLĐTB&XH dated April 20, 2005, issued by the Ministry of National Defense, the Ministry of Planning and Investment, the Ministry of Finance, and the Ministry of Labor - Invalids and Social Affairs, guiding certain provisions of Decree No. 184/2004/NĐ-CP dated November 2, 2004, of the Government detailing the implementation of the Ordinance on Self-Defense Militia.

4. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of Provincial People's Committees, and related agencies shall be responsible for organizing the implementation of this Joint Circular.

During the implementation process, if there are difficulties, it is requested that ministries, sectors, localities, agencies, and organizations report to the Ministry of National Defense for coordination with the Ministry of Finance, the Ministry of Home Affairs, and the Ministry of Labor - Invalids and Social Affairs to consider and resolve them./.