Joint Circular No. 1232/1998/TTLT-BQP-BLDTBXH-BTC guiding the implementation of the allowance for responsibility in managing reserve mobilization units and policies for reservists during concentrated training, exercises, readiness checks for mobilization and combat readiness.

JOINT CIRCULAR

Guidelines for implementing the allowance for management responsibility of reserve mobilization units and policies for reservists during concentrated training, exercises, readiness checks for mobilization, and combat readiness.

          Implementing Decree No. 39-CP dated April 28, 1997 of the Government detailing and guiding the implementation of certain Articles of the Ordinance on Reserve Mobilization Forces;

          After reaching consensus with the Ministry of Health (in Circular No. 8293-KH dated November 25, 1997), the Joint Ministry of National Defense - Labor, Invalids and Social Affairs - Finance provides guidelines for implementing the allowance for management responsibility for reservists holding command positions in reserve mobilization units and policies for reservists during concentrated training, exercises, readiness checks for mobilization, and combat readiness, as follows:

          A. ALLOWANCE FOR MANAGEMENT RESPONSIBILITY OF RESERVE MOBILIZATION UNITS

          1.The beneficiaries of the allowance are reservists appointed by competent authorities to hold command positions in reserve mobilization units from squad leaders and equivalent to regiment commanders and equivalent.

          Reservists appointed to hold command positions in reserve mobilization units must meet both of the following conditions to be eligible for the management responsibility allowance:

          - They must fulfill the management responsibilities of the unit as stipulated in Point a Clause 2 Article 15 of the Ordinance on Reserve Mobilization Forces;

          - The unit must have soldiers to manage.

          Reservists appointed to hold command positions in reserve mobilization units but failing to meet both conditions above shall not be entitled to the management responsibility allowance. In cases where they do not directly manage the unit for more than half of the days in a quarter due to illness, study, etc., or fail to perform their duties, they shall not receive the management responsibility allowance for that quarter.

          2.The amount of the allowance for each beneficiary in a quarter is calculated based on a coefficient relative to the minimum wage set by the Government, specifically as follows:

          - Squad leader and equivalent: 0.25

          - Platoon leader and equivalent: 0.30

          - Deputy Company Commander and equivalent: 0.35

          - Company Commander and equivalent: 0.40

          - Deputy Battalion Commander and equivalent: 0.45

          - Battalion Commander and equivalent: 0.50

          - Deputy Regiment Commander and equivalent: 0.55

          - Regiment Commander and equivalent: 0.60

          3.Method of calculating the allowance:

          a) The period for receiving the allowance is from the date the reservist is appointed to the position and actually performs the duties until the date they cease to hold the position.

          b) For reservists first appointed to a command position in a reserve mobilization unit, the allowance for the first quarter is calculated as follows:

          If they hold the position for more than half of the days in the quarter, they will receive the full quarterly allowance; if they hold the position for less than half of the days in the quarter, they will not receive the allowance for that quarter.

          c) During a quarter, if a reservist holding a command position in a reserve mobilization unit changes positions but remains within the category eligible for the allowance, they will receive the allowance for the new position from the next quarter.

          d) When a reservist ceases to hold a command position in a reserve mobilization unit in a particular quarter, the allowance for that quarter will be calculated according to the provisions of subpoint b of this point.

          4.Responsibility for paying the allowance:

          - Each quarter, the Military Command Board of the district, town, city under provincial administration (hereinafter referred to collectively as the district) organizes the distribution of allowances to all reservists entitled to the allowance within the district's jurisdiction.

          - The distribution of allowances takes place once every quarter on a suitable day within the last 15 days of the month at the end of the quarter, as decided by the Military Command Board of the district.

          5.Funds for paying the management responsibility allowance for reserve mobilization units are guaranteed by the national defense budget.

          B. POLICIES FOR RESERVISTS DURING CONCENTRATED TRAINING, EXERCISES, READINESS CHECKS FOR MOBILIZATION, AND COMBAT READINESS

          I.Beneficiaries of the policies prescribed in Article 23 of Decree No. 39-CP dated April 28, 1997 of the Government include reserve officers, professional military personnel, and non-commissioned officers and privates who are called up for concentrated training, exercises, readiness checks for mobilization, and combat readiness according to annual targets assigned by the Prime Minister and guidelines provided by the Ministry of National Defense to provinces, centrally-administered cities (hereinafter referred to collectively as provinces), and ministries and sectors.

          II. SUBSIDY FOR MEAL EXPENSES:

          Reserve military personnel called for concentrated training, exercises, readiness inspection for mobilization, and combat readiness (hereinafter referred to as during concentrated time) shall be provided with food expenses according to the current regime for active-duty military personnel from the day they arrive at the concentration location until the end of the concentration period. In cases of illness or injury, the provisions in Section VI Part B of this Circular shall be followed. The cost of providing food expenses for reserve military personnel shall be settled in the national defense budget if they belong to reserve units under main force troops, and settled in the provincial budget if they belong to reserve units under local troops.

          III. REGIME FOR BORROWING MILITARY UNIFORMS AND BORROWING OR ISSUING PERSONAL ITEMS:

          Reserve military personnel called for concentrated training for five days or more in one period shall be allowed to borrow military uniforms and borrow or be issued personal items as stipulated by the Ministry of National Defense.

          IV. REGIME FOR SALARIES, ALLOWANCES, SUBSIDIES, AND OTHER BENEFITS:

          1. Reserve military personnel currently receiving salaries from the state budget, during the concentrated time, shall be paid their full salary and allowances, subsidies, benefits, travel allowances, and transportation costs according to the current regime for workers and officials on business trips. The entity or unit paying the salary shall be responsible for ensuring the funding from the same source of the state budget.

          2. Reserve military personnel belonging to other categories:

          a) If the concentrated time is five days or more in one period, they shall be granted an allowance as follows:

          - For officers and professional soldiers, this allowance shall be calculated based on the actual number of days of concentration, with the daily allowance rate calculated using the following formula:

          Wherein: The basic salary is calculated based on the basic salary of active-duty military personnel with the same rank of officer or the same grade of professional soldier; the daily food allowance is calculated based on the basic daily food allowance of active-duty infantry soldiers with the same rank.

          - For non-commissioned officers and soldiers, the allowance shall be calculated based on the two-year service allowance rate of active-duty non-commissioned officers and soldiers with the same rank. If the concentrated time is from five to fifteen days, they shall receive half a month's allowance; if it is from sixteen to thirty-one days, they shall receive a full month's allowance; if it exceeds thirty-one days, the allowance shall continue to be paid according to the initial regulations.

          b) Transportation costs and travel allowances shall be reimbursed according to the current regime for active-duty military personnel on business trips.

          The allowances and transportation costs, travel allowances mentioned in Point 2 of this Section shall be directly paid by the military units organizing training, exercises, and inspections to reserve military personnel upon completion of the concentration period and settled in the national defense budget if they belong to main force units, and settled in the provincial budget if they belong to local units.

          V. REGIME FOR SUBSIDIES TO FAMILIES:

          1. Reserve officers who have served in active duty, professional soldiers, first-class non-commissioned officers, and soldiers who have served in active duty during the middle period shall receive family subsidies as follows:

          a) Those not receiving wages or salaries (regardless of economic sector) shall be subsidized one day equivalent to 0.1 times the minimum wage as prescribed by the Government.

          b) Those currently receiving wages or salaries from state agencies, social organizations, and economic organizations participating in mandatory social insurance shall be subsidized one day equivalent to 0.05 times the minimum wage as prescribed by the Government.

          2. Military units organizing training, exercises, and inspections shall compile lists of reserve military personnel called for concentrated training in each period, confirm the number of days of concentration, and the subsidy level for each reserve military personnel and send them to the military district authority, including all reserve military personnel under main force and local troops within the district.

          The Military District Command shall pay subsidies to reserve military personnel each time the concentration period ends and settle accounts with the Provincial Military Command to consolidate and report settlement with the provincial budget.

          VI. POLICY REGIME WHEN ILLNESS, INJURY, OR DEATH OCCURS:

          1. For reserve military personnel participating in social insurance and health insurance:

          - During the concentrated time, if they become ill, injured, or die, they shall enjoy the current regimes for illness, injury, or death, which shall be covered by social insurance and health insurance funds.

          - Military units organizing training, exercises, and inspections shall cooperate with the entities or units where the reserve military personnel work and relevant social insurance and health insurance authorities to resolve all rights and interests of the reserve military personnel.

          2. For reserve military personnel not participating in social insurance and health insurance:

          a) In case of illness:

- During the concentration period, if a reserve military personnel falls ill and needs to be hospitalized, they shall be treated at the nearest military hospital or civilian hospital. During the treatment period, the reserve military personnel shall enjoy medical examination and treatment benefits as active-duty military personnel, and shall be provided with meal allowances and subsistence allowances as prescribed in Subparagraph a, Point 2, Section IV, Part B of this Circular, organized by the military unit conducting training, exercises, and inspections.

- At the end of the concentration period, if the illness of the reserve military personnel has not stabilized and requires continued treatment, the military unit shall support a portion of meal expenses and medical costs for each day of actual treatment, calculated at a factor of 0.08 times the minimum wage set by the Government, up to a maximum of 15 days.

The expenses for medical examinations and treatments, meal allowances, and subsistence allowances for reserve military personnel during the concentration period, and the meal and medical cost support after the concentration period shall be settled into the national defense budget if the reserve mobilization unit belongs to the main force troops, and into the provincial budget if the reserve mobilization unit belongs to the local troops.

b) In case of injury during training or accidental incidents:

Reserve military personnel shall be treated at a military hospital or civilian hospital until fully recovered. During the treatment period, the reserve military personnel shall enjoy medical examination and treatment benefits and meal allowances as reserve military personnel who fall ill during the concentration period, organized by the military unit conducting training, exercises, and inspections.

The expenses for medical examinations and treatments, meal allowances, and subsistence allowances for injured reserve military personnel shall be settled into the national defense budget if the reserve mobilization unit belongs to the main force troops, and into the provincial budget if the reserve mobilization unit belongs to the local troops.

If the injury results in disability, the military unit conducting training, exercises, and inspections shall introduce the reserve military personnel to the Military Command Board of the district to establish procedures for receiving work injury benefits according to Article III Chapter II of the Social Insurance Regulations issued together with Decree No. 12-CP dated January 26, 1995 of the Government, with funding from the provincial budget.

The application procedures for work injury benefits shall be handled by the Military Command Board of the district, reported to the Provincial Military Command Board for recommendation to the Chairman of the People's Committee of the province to issue a decision. The application includes:

- A report on the investigation of the work accident, established by the military unit conducting training, exercises, and inspections.

- An assessment report on the ability to work by the Provincial Medical Examination Council.

- An evaluation report by the Provincial Military Command Board.

- A request letter from the Provincial Military Command Board.

The People's Committee of the commune, ward, town (hereinafter referred to as commune) shall pay work injury benefits to reserve military personnel according to the decision of the People's Committee of the province.

c) In case of death:

During the concentration period, if a reserve military personnel dies, they shall be entitled to funeral expenses equivalent to eight months of the minimum wage as stipulated by the Government. The military unit shall cooperate with the family and the locality where the reserve military personnel resides to organize the funeral according to current regulations for active-duty military personnel, with funding from the national defense budget.

If a reserve military personnel dies due to an accident during training or an accidental incident, they shall also be entitled to survivor benefits according to Article V Chapter II of the Social Insurance Regulations issued together with Decree No. 12-CP dated January 26, 1995 of the Government, with funding from the provincial budget.

The application procedures for survivor benefits shall be handled by the Military Command Board of the district, reported to the Provincial Military Command Board for recommendation to the Chairman of the People's Committee of the province to issue a decision. The application includes:

- A report on the investigation of the work accident, established by the military unit conducting training, exercises, and inspections.

- Death certificate.

- Family circumstances declaration form.

- An evaluation report by the Military Command Board of the district.

- A request letter from the Provincial Military Command Board.

The People's Committee of the commune shall pay survivor benefits according to the decision of the People's Committee of the province.

If a reserve military personnel falls ill, gets injured, or dies due to alcohol intoxication, drug use, or other health-damaging substances, or due to their own fault, the reserve military personnel shall bear their own medical examination and treatment expenses, shall not be entitled to meal allowances or subsistence allowances during the medical treatment period, and shall not be eligible for work injury benefits or survivor benefits as stipulated in Point 2 of this Section.

VII. BENEFITS:

During the concentration period, if a reserve military personnel is injured or dies and meets the conditions specified in legal documents providing preferential treatment to those who have contributed to the revolution, they shall be recognized as war invalids, persons enjoying benefits similar to war invalids, or martyrs. They and their families shall enjoy preferential treatment from the State according to current regulations.

C. IMPLEMENTATION

1. This Circular shall take effect fifteen days from the date of signature.

&          2. In the process of implementation, any difficulties shall be promptly reported by ministries, sectors, localities, agencies, and military units to the joint ministry for study and resolution.