Decree No. 122/2006/ND-CP detailing the implementation of certain provisions of the Law Amending and Supplementing Certain Provisions of the Military Service Law 2005 regarding the system and policies for non-commissioned officers and conscripts serving on active duty.

DECREE

Regulations detailing the implementation of certain provisions of the Law amending and supplementing

 certain provisions of the Military Service Law 2005 regarding the system,

 policies for non-commissioned officers and conscripts serving on active duty

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THE GOVERNMENT

Based on the Law on the Organization of the Government dated December 25, 2001;

Pursuant to the Military Service Law dated December 30, 1981; the Law amending and supplementing certain provisions of the Military Service Law dated December 21, 1990;

the Law amending and supplementing certain provisions of the Military Service Law dated June 22, 1994 and the Law amending and supplementing certain provisions of the Military Service Law dated June 14, 2005;

Considering the proposal of the Minister of National Defense.

DECREE

Article 1. Scope of regulation and applicable subjects

1. This Decree stipulates certain systems and policies for non-commissioned officers and conscripts serving on active duty, including: the system of additional rank allowance; leave entitlements; policies upon discharge from service; the system of re-employment at agencies, organizations, economic entities under various economic sectors, returning to schools and training institutions where non-commissioned officers and conscripts were called to study before enlisting; employment policies for military personnel who cease to serve on active duty.

2. This Decree applies to non-commissioned officers and conscripts implementing the active service system according to the Law amending and supplementing certain provisions of the Military Service Law dated June 14, 2005.

Article 2. Extension of service allowance system

1. Non-commissioned officers and conscripts serving on active duty for a period of 18 months, if extended to continue their service by decision of the Minister of National Defense, shall receive an additional 200% of their current rank allowance from the 19th month onwards each month.

2. Non-commissioned officers and conscripts serving on active duty for a period of 24 months shall receive an additional 200% of their current rank allowance from the 19th month onwards each month.

3. Non-commissioned officers and conscripts serving on active duty for a period of 24 months, if extended to continue their service by decision of the Minister of National Defense, shall receive an additional 250% of their current rank allowance from the 25th month onwards each month.

4. The additional allowances from the 19th month and the 25th month onwards as stipulated in Clause 1, Clause 2, and Clause 3 of this Article shall not apply to non-commissioned officers and conscripts awaiting transfer to the professional military personnel system, civil servants, or defense employees; awaiting admission to military education or examination; studying at academies, schools within or outside the military, and other special cases.

Article 3. Leave Entitlements

Non-commissioned officers and conscripts serving on active duty from the second year onwards shall be entitled to one annual leave of 10 days (excluding travel time) and shall be reimbursed for train and bus fares and travel allowances as prescribed.

For non-commissioned officers and conscripts who are students at academies and schools with a study period of one year or more and have a summer break between two academic years, the summer break shall be counted towards their leave entitlements. In exceptional cases due to combat readiness requirements or difficult travel conditions preventing leave, they shall be compensated with a sum as prescribed by the Minister of National Defense.

Article 4. Benefits for non-commissioned officers and conscripts upon discharge

1. Employment assistance allowance: non-commissioned officers and conscripts who have served on active duty for 18 months or more upon discharge shall receive six months' salary based on the minimum wage applicable to civil servants, public officials, and members of the armed forces at the time of discharge.

2. One-time discharge allowance: for each year of service in the military, they shall receive an allowance equivalent to two months' salary based on the minimum wage applicable to civil servants, public officials, and members of the armed forces at the time of discharge.

If there is a fractional year:

a) Less than one month does not qualify for a discharge allowance;

b) From one month up to less than six months qualifies for an allowance equivalent to one month's salary based on the minimum wage applicable to civil servants, public officials, and members of the armed forces at the time of discharge.

c) From six months up to less than twelve months qualifies for an allowance equivalent to two months' salary based on the minimum wage applicable to civil servants, public officials, and members of the armed forces at the time of discharge.

3. In the case where non-commissioned officers and conscripts had worked and contributed to social insurance at state agencies, organizations, or economic entities under various economic sectors prior to enlistment, they shall be entitled to the following:

a) Upon discharge back to their place of origin: non-commissioned officers and conscripts who were civil servants, public officials, or contractual workers contributing to social insurance prior to enlistment shall be entitled to severance pay as prescribed for civil servants, public officials, and contractual workers when they terminate their employment. The payment of severance pay for non-commissioned officers and conscripts discharged back to their place of origin shall be made by the state agencies, organizations, or economic entities where they worked prior to enlistment, in accordance with current regulations.

In the event that these organizations or economic entities have been dissolved, the local Social Insurance Office responsible for the social insurance contributions of these organizations or economic entities shall be responsible for the payment.

b) Upon discharge and transferring to work at state agencies, organizations, or economic entities under various economic sectors, the period of active service shall be counted towards social insurance benefits as prescribed by the Social Insurance Law.

4. Non-commissioned officers and conscripts serving on active duty for a period of 24 months upon discharge shall receive an additional two months' current rank allowance.

If discharged before completing 24 months, the period of active service from the 19th month up to less than 24 months shall entitle them to an additional one month's current rank allowance.

5. The unit directly managing non-commissioned officers and conscripts upon discharge shall organize transportation back to their place of residence by train or bus, or reimburse the cost of train or bus tickets and travel allowances as prescribed.

6. The unit managing non-commissioned officers and conscripts shall organize a farewell meeting before their discharge, with the expenditure for the meeting being determined by the Minister of National Defense.

Article 5. Training, apprenticeship, and employment resolution upon discharge from military service

1. Non-commissioned officers and soldiers who were working at state agencies, organizations, or economic entities belonging to various economic sectors prior to enlistment shall be re-employed by those agencies, organizations, or economic entities upon discharge. If these agencies, organizations, or economic entities have been dissolved or declared bankrupt, the directly superior management agency shall be responsible for resolving employment.

In cases where the directly superior management agency has been dissolved or does not exist, the Department of Labor, Invalids, and Social Affairs shall be responsible for taking the lead and coordinating with relevant state agencies, economic organizations, and social organizations at the same level to resolve employment.

2. Non-commissioned officers and soldiers accepted for work at state agencies, organizations, and economic entities belonging to various economic sectors shall be paid according to their job responsibilities, and their time served in the military shall be counted towards their tenure and they shall enjoy benefits and policies in accordance with current regulations applicable to officials, civil servants, public officials, and workers in those economic entities.

3. Non-commissioned officers and soldiers who had been called to study at vocational schools, specialized high schools, colleges, and universities before enlistment shall be re-admitted to those institutions upon discharge.

In cases where non-commissioned officers and soldiers complete their military service obligations, upon discharge they are healthy, have a desire to learn a trade, and seek employment, they shall enjoy policies in accordance with current regulations.

Article 6. Effectiveness

This Decree takes effect fifteen days after its publication in the Official Gazette. The provisions on policies for non-commissioned officers and soldiers set forth in Articles 3, 4, 5, and 6 of Decree No. 190/CP dated December 24, 1994 of the Government detailing the implementation of the Law amending and supplementing certain articles of the Military Service Law regarding policies for professional military personnel, non-commissioned officers, and soldiers are hereby abolished.

The Ministry of National Defense shall be responsible for guiding the implementation of this Decree.

Article 7. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.