Circular No. 109/2021/TT-BQP amends and supplements certain provisions of Circular No. 113/2016/TT-BQP dated August 23, 2016, issued by the Minister of National Defense regarding the leave system for professional military personnel, workers, and civil servants of the defense sector.

CIRCULAR

Provincial People's Committees set specific pricesamending and supplementing certain articles of Circular No. 113/2016/TT-BQP dated August 23, 2016 issued by the Minister of National Defense on leave regulations for professional military personnel, civilian workers, and defense civil servants

August 2016 of the Minister of National Defense stipulating the leave system for

professional military personnel, defense workers, and civil servants of the defense sector

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Pursuant to the Labor Code on June 20, 11 Pursuant to the Law Amending and Supplementing Certain Provisions of the Law on the Organization of the Government and the Law on the Organization of Local Administration dated January 22, 2019;

Pursuant to the Law on Military Personnel Pursuant to the Ordinance on Professional Military Personnel, Civilian Workers, and Defense Civil Servants on January 26,1 2015;

Pursuant to Decree No. 164/2017/NĐ-CP dated December 30, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense; LAW Deputy Minister of National Defense; of the National Defense;

At the proposal of Total Chief of Staff;

The Minister of National Defense issues this Circular amending and supplementing certain articles of Circular No. 113/2016/TT-BQP dated August 23, 2016 of the Minister of National Defense on leave regulations for professional military personnel, civilian workers, and defense civil servants.

Article 1. Amending and supplementing certain articles of Circular No. 113/2016/TT-BQP dated August 23, 2016 of the Minister of National Defense on leave regulations for professional military personnel, civilian workers, and defense civil servants

a) Amending and supplementing Point c Clause 2 as follows:

"Article 4. Weekly Leave

Every week, professional military personnel, civilian workers, and defense civil servants are entitled to rest on Saturdays and Sundays. For units performing training tasks, combat readiness, or due to mission requirements, weekly leave shall be arranged by commanders at battalion level and above based on the unit's mission situation appropriately."

2. Amending and supplementing Clause 5 as follows:

"Article 5. Annual Leave

1. Professional military personnel, civilian workers, and defense civil servants are entitled to annual leave as follows:

a) Those with less than 15 years of service are entitled to 20 days;

b) Those with 15 years of service or more but less than 25 years of service are entitled to 25 days;

c) Those with 25 years of service or more are entitled to 30 days.

2. Professional military personnel, civilian workers, and defense civil servants stationed in units far from their families (place of residence of spouse or children; legitimate adopted children; parents or legitimate guardians of themselves, spouses, or children) when taking annual leave are entitled to additional leave:

a) 10 days if they fall under any of the following circumstances: - Stationed more than 500 km away from family; - Stationed in remote, border areas more than 300 km away from family; - Stationed on islands in the Spratly archipelago and at DK1 platforms.

b) 5 days if they fall under any of the following circumstances: - Stationed between 300 km and less than 500 km away from family; - Stationed in remote, border areas between 200 km and less than 300 km away from family and have a regional coefficient of 0.5 or higher; - Stationed on islands receiving regional allowance.

3. In cases where the unit cannot arrange annual leave for professional military personnel, civilian workers, and defense civil servants due to mission requirements, or if they have not taken all their annual leave according to regulations, the commander of the unit shall consider and decide to grant compensatory leave for the previous year in the following year. In exceptional cases, if the unit commander still cannot arrange for them to take leave, professional military personnel, civilian workers, and defense civil servants may be considered for payment of wages for the number of days of unused annual leave according to Clause 3, Article 2 of Circular No. 13/2012/TT-BQP dated February 21, 2012 of the Minister of National Defense on the payment system for annual leave for those earning salaries working in military units.

4. Travel time is not counted towards the number of days of annual leave for the following cases:

a) Annual leave;

b) Additional leave for annual leave cases;

c) Special leave.

5. Commanders at battalion level and above shall base the leave plan on the unit's mission, ensuring that the regular leave ratio does not exceed 15% of the unit's manpower. For units not belonging to the combat readiness sector, it shall be implemented appropriately according to the nature and mission requirements. Academies and schools shall arrange for professional military personnel, civilian workers, and defense civil servants to take concentrated leave during the summer vacation."

3. Amending and supplementing Article 7 as follows:

"Article 7. Holidays and Festivals

1. Every year, professional military personnel, defense workers, and civil servants in the defense sector shall be entitled to holidays and festivals in accordance with Clause 1 of Article 112 of the Labor Code and the founding day of the Vietnam People's Army (December 22).

2. For units engaged in training tasks, combat readiness, or due to mission requirements, the rest during holidays and festivals for such units shall be determined by battalion-level commanders and above based on the unit’s mission situation.

4. Amending and supplementing Article 9 as follows:

"Article 9. Retirement Preparation Leave

1. Professional military personnel, defense workers, and civil servants in the defense sector who have been decided to retire shall be granted retirement preparation leave (leave to prepare family support) as follows:

a) From twenty years of service up to less than twenty-five years of service, they shall be granted nine months of leave;

b) From twenty-five years of service and above, they shall be granted twelve months of leave.

2. Professional military personnel, defense workers, and civil servants in the defense sector who meet the conditions for retirement, if they wish not to take retirement preparation leave (immediate receipt of pension) or do not take the full time stipulated, then upon retirement, they shall receive the difference between their last month's salary before receiving the pension and their first month's pension for the number of months not taken as retirement preparation leave.

3. Professional military personnel, defense workers, and civil servants in the defense sector taking retirement preparation leave at home must register their leave period with the People's Committee of the commune, ward, or town in accordance with the Law on Residence.

4. During the retirement preparation leave period, if they suffer from serious illness, long-term treatment required illness, or mental illness, they shall follow the provisions set out in Circular No. 157/2013/TT-BQP dated August 26, 2013, issued by the Minister of National Defense regarding management, treatment, care, and policy resolution for military personnel, defense workers, and civil servants in the defense sector, and individuals working in confidential organizations managed by the Military suffering from serious illness, long-term treatment required illness, or mental illness.

1. The Heads of the Office, the Director of the Department of Information Technology, the Heads of agencies and units under the Ministry of Information and Communications, the Directors of Provincial Departments of Information and Communications, and enterprises, organizations, and individuals related to this matter are responsible for implementing this Circular.

1. This Circular takes effect from October 10, 2021.

2. In cases where the referenced documents in this Circular are amended, supplemented, or replaced, they shall be implemented according to the amended, supplemented, or replacing documents.

Article 3. Responsibility for Implementation

The Chief of General Staff, heads of agencies, units, organizations, and related individuals are responsible for implementing this Circular./ .