Circular No. 113/2016/TT-BQP on the leave system for professional military personnel, workers, and defense civil servants

CIRCULAR

REGULATIONS ON LEAVE FOR PROFESSIONAL MILITARY PERSONNEL, DEFENSE WORKERS AND DEFENSE CIVIL SERVANTS

Pursuant to the Labor Code dated June 18, 2012;

Based on the Law on Professional Military Personnel, Defense Workers, and Defense Civil Servants dated November 26, 2015;

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

Article 2. This Circular applies to academies, universities, military officer schools, vocational colleges, secondary technical schools, and military schools (hereinafter referred to collectively as military schools) that organize training in accordance with the law, and related agencies, units, organizations, and individuals; it does not apply to teachers teaching at kindergartens, general education schools, national defense education centers, and security education centers.

The Minister of National Defense issues the Circular stipulating the leave regulations for professional military personnel, defense workers and defense civil servants.

Article 1. Scope of Regulation

This Circular stipulates the leave regulations for professional military personnel, defense workers and defense civil servants serving in agencies, units, and organizations under the Ministry of National Defense.

Article 2. Applicability

This Circular applies to professional military personnel, defense workers and defense civil servants; agencies, units, organizations, and related individuals.

Article 3. Leave Regulations for Professional Military Personnel, Defense Workers and Defense Civil Servants

1. Leave with full salary and allowances (if applicable) as prescribed by the Labor Code and the Minister of National Defense:

a) Weekly leave;

b) Annual leave;

c) Special leave;

d) Public holiday leave;

đ) Convalescent leave, recuperative leave;

e) Retirement preparation leave;

2. Sick leave and maternity leave as prescribed by laws on social insurance.

Article 4. Weekly Leave

Every week, professional military personnel, defense workers and defense civil servants shall be granted leave on Saturdays and Sundays. For units where the nature and mission make it impossible to grant leave on Saturdays and Sundays, the unit commander with authority shall arrange compensatory leave on other days of the week.

Article 5. Annual Leave

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

a) Those who have served less than 15 years are entitled to 20 days of leave;

b) Those who have served from 15 to less than 25 years are entitled to 25 days of leave;

c) Those who have served 25 years or more are entitled to 30 days of leave.

2. Professional military personnel, defense workers and defense civil servants stationed in units far from their families shall be prioritized for annual leave as follows:

a) Units stationed at least 500 kilometers away from family or on islands in the Spratly archipelago, DK shall be entitled to an additional 10 days of leave each year;

b) Units stationed between 300 kilometers and less than 500 kilometers away from family; stationed in remote areas, border areas, and mountainous regions between 200 kilometers and less than 300 kilometers away from family and currently receiving regional allowance coefficients from 0.5 to 0.7 or on islands receiving regional allowance coefficients from 0.1 to less than 1.0 shall be entitled to an additional 5 days of leave each year.

3. Transportation costs and travel allowances shall be reimbursed according to current regulations; travel time shall not be counted towards the annual leave days stipulated in Clause 1 of this Article.

4. In cases where the unit cannot arrange annual leave due to mission requirements, professional military personnel, defense workers and defense civil servants shall be entitled to benefits as prescribed in Clause 1 of Article 38 of the Law on Professional Military Personnel, Defense Workers and Defense Civil Servants.

5. Professional military personnel, defense workers and defense civil servants specified in Clause 2 of this Article, if they so wish, may combine the number of annual leave days over two years to take leave in one instance.

Article 6. Special Leave

In addition to annual leave, professional military personnel, defense workers and defense civil servants are entitled to special leave not exceeding 10 days in the following circumstances:

1. Marriage; marriage of legitimate children or adopted children.

2. Death or serious illness requiring long-term hospitalization of parents, father-in-law, mother-in-law, husband's father, husband's mother, wife's father, wife's mother, foster parent, spouse, legitimate children, or adopted children.

3. Severe loss of life and property in the family caused by accidents, natural disasters, or dangerous epidemics.

Article 7. Holidays and Festivals Leave

1. Annually, professional military personnel, workers, and defense civil servants shall be granted holidays and festivals leave in accordance with Clause 1, Article 115 of the Labor Code and the anniversary of the People's Army of Vietnam (December 22).

2. In cases where the holidays and festivals leave specified in Clause 1, Article 115 of the Labor Code coincide with weekly rest days, professional military personnel, workers, and defense civil servants shall be granted compensatory leave on the following days.

Article 8. Convalescence and Rehabilitation Leave

Professional military personnel, workers, and defense civil servants shall be granted convalescence and rehabilitation leave in accordance with Circular No. 179/2013/TT-BQP dated September 17, 2013, issued by the Minister of National Defense, stipulating the functions, tasks, organization, management of activities of Convalescent and Rehabilitation Units, and the convalescence and rehabilitation regime in the military.

Article 9. Retirement Preparation Leave

1. Professional military personnel, workers, and defense civil servants who are authorized to decide retirement shall be granted preparatory leave for family affairs (retirement preparation leave) as follows:

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

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

2. During the period of retirement preparation leave, if they suffer from serious illnesses, long-term treatment required diseases, or mental illness, they shall follow Circular No. 157/2013/TT-BQP dated August 26, 2013, issued by the Minister of National Defense, stipulating the management, treatment, care, and policy resolution for military personnel, defense civil servants, and staff working in secretarial organizations managed by the military suffering from serious illnesses, long-term treatment required diseases, or mental illness, and Circular No. 70/2016/TT-BQP dated June 2, 2016, issued by the Minister of National Defense, stipulating the procedures and formalities for leaving active service, resigning from work for officers, professional military personnel, defense civil servants, and staff working in secretarial organizations receiving state budget salaries managed by the Minister of National Defense.

Article 10. Competent Authority to Resolve Leave Regime for Professional Military Personnel, Workers, and Defense Civil Servants

Commanders at brigade level and equivalent or higher:

1. Shall resolve leave for professional military personnel, workers, and defense civil servants under their authority in accordance with Article 5 and Article 6 of this Circular.

2. Shall decide the timing, duration, and percentage of annual leave for professional military personnel, workers, and defense civil servants.

Article 11. Suspension of Leave Regulations

The suspension of the leave regime for professional military personnel, workers, and defense civil servants shall be implemented in accordance with Clause 2, Article 38 of the Law on Professional Military Personnel, Workers, and Defense Civil Servants.

Article 12. Registration Procedures for Annual Leave

1. Professional military personnel, workers, and defense civil servants must register the timing, duration, and location of their leave with their agencies, organizations, or units to be granted leave according to the prescribed regime.

2. During the leave period, professional military personnel, workers, and defense civil servants have the responsibility to register with the People's Committee of the commune, ward, or town where they take their leave.

Article 13. Effective Date

1. This Circular takes effect from October 8, 2016.

2. The leave regime for professional military personnel, workers, and defense civil servants stipulated in this Circular shall be implemented from July 1, 2016.

3. This Circular abolishes Clause 2, Article 1 of Decision No. 149/2002/QĐ-BQP dated October 15, 2002, issued by the Minister of National Defense regarding the leave regime for serving officers and replaces Decision No. 126/2002/QĐ-BQP dated September 16, 2002, issued by the Minister of National Defense concerning the leave regime for defense civil servants.

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.

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

During implementation, if there are difficulties, agencies, organizations, and units shall report to the General Staff Department (through the General Logistics Department) for study and resolution.