Circular No. 153/2017/TT-BQP on the leave regulations for officers of the Vietnam People's Army

CIRCULAR

PROVISIONS ON THE LEAVE REGIME OF OFFICERS OF THE VIETNAMESE PEOPLE'S ARMY

Based on the Labor Code dated June 18, 2012;

Pursuant to the Law on Officers of the Vietnamese People's Army dated December 21, 1999, amended and supplemented on June 3, 2008 and November 27, 2014;

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;

At the proposal of the Director of the General Political Department;

The Minister of National Defense issues this Circular stipulating the leave regime for officers of the Vietnamese People's Army.

Article 1. Scope of Regulation

This Circular stipulates the leave regime for officers serving in agencies, units, and organizations under the Ministry of National Defense.

Article 2. Applicability

1. This Circular applies to serving officers; relevant agencies, units, organizations, and individuals.

2. Personnel engaged in confidential work under the Government Confidentiality Board shall implement the leave regime as prescribed in this Circular.

Article 3. Leave Regimes for Officers

1. Serving officers are entitled to the following leave regimes:

a) Annual leave;

b) Special leave;

c) Public holiday leave;

d) Medical leave;

đ) Weekly leave;

e) Pre-retirement leave.

2. During the period of leave as prescribed in Clause 1 of this Article, officers shall be paid their full salary and allowances; they shall also have their annual leave travel expenses reimbursed according to the provisions of Circular No. 13/2012/TT-BQP dated February 21, 2012 of the Ministry of National Defense on the reimbursement of annual leave travel expenses for those receiving salaries working in military agencies and units (hereinafter referred to as Circular No. 13/2012/TT-BQP).

Article 4. Annual Leave Regime

1. Officers 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. Officers stationed at units far from their families (spouse or partner; biological or legally adopted children; parents (from both sides); legal guardians) are entitled to additional leave when taking annual leave as follows:

a) Ten days in the following cases:

- Stationed more than 500 kilometers away from family;

- Stationed in remote, border areas more than 300 kilometers away from family;

- Stationed on islands belonging to the Spratly archipelago, DK.

b) Five days in the following cases:

- Stationed between 300 kilometers and less than 500 kilometers away from family;

- Stationed in remote, border areas more than 200 kilometers away from family with a regional coefficient of 0.5 or higher;

- Stationed on islands eligible for regional allowance.

3. In cases where officers as prescribed in Clause 2 of this Article cannot take annual leave due to mission requirements, the unit commander shall consider and decide in the following year to grant them compensatory leave for the previous year. In exceptional cases, if the unit still cannot arrange for the officer to take leave due to mission requirements, they shall be compensated for wages for the days not taken as annual leave according to the provisions of Circular No. 13/2012/TT-BQP.

4. Travel time shall not be counted towards the number of days of annual leave as prescribed in Clause 1 and Clause 2 of this Article.

5. Annually, commanders of units at regiment level and above shall base on the combat readiness, training, and operational tasks of the unit to plan for officers' annual leave, with the ratio of regular leave not exceeding 15% of the total number of officers in the unit. Units not in combat readiness status shall implement accordingly based on their nature and mission requirements. Academies and schools mainly schedule leave for officers during summer.

Article 5. Special Leave Regime

In addition to the annual leave regime, officers are entitled to special leave of up to ten days each time for the following cases:

1. When officers get married; or when their biological or legally adopted children get married.

2. When the family encounters sudden difficulties due to serious illness, accidents, death, or severe natural disasters affecting parents (from both sides), spouse (or partner), biological or legally adopted children.

Article 6. Holidays and Festivals Leave

1. Annually, officers shall be granted leave for holidays and festivals in accordance with the Labor Code and the anniversary of the People's Army of Vietnam (December 22).

2. For units performing combat readiness tasks, training, or due to mission requirements, the leave for holidays and festivals for such units shall be determined by the commander of the regiment level unit or equivalent based on the situation of the unit's mission.

Article 7. Convalescent Leave

Officers shall be granted convalescent leave in accordance with Circular No. 179/2013/TT-QP dated September 17, 2013, issued by the Minister of National Defense, stipulating the functions, tasks, organization, management of activities of Convalescent Units and convalescent leave regulations within the Military.

Article 8. Weekly Leave

Weekly, officers shall be granted leave on Saturdays and Sundays. For units performing combat readiness tasks, training, or due to mission requirements, the weekly leave for such units shall be determined by the commander of the regiment level unit or equivalent based on the situation of the unit's mission.

Article 9. Retirement Preparation Leave

1. Officers who have been decided to retire shall be granted leave to prepare for family retirement 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. In cases where cadres wish to retire immediately (without taking retirement preparation leave or not taking the full leave period as prescribed), upon transfer, they shall be entitled to the salary differential due to not taking the full retirement preparation leave according to current regulations.

3. Officers taking retirement preparation leave at home must register their leave time with the People's Committee of the commune, ward, or town where their family resides.

4. During the retirement preparation leave period, if they suffer from serious illness, 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, regarding the management, treatment, care, and policy resolution for military personnel, defense civil servants, and personnel working in confidential organizations managed by the military suffering from serious illnesses, long-term treatment required diseases, or mental illness.

Article 10. Authority to Resolve Leave Regulations for Officers

1. The authority to resolve leave for officers as stipulated in Articles 4, 5, 6, 7, and 8 of this Circular shall be implemented as follows:

a) Regiment Commanders, Political Commissars of regiments and equivalent or higher shall resolve leave for subordinate officers under their command.

b) Officers holding positions from regiment commanders, political commissars of regiments and equivalent or higher shall be decided by the immediate superior commander or political commissar.

2. The authority to resolve leave for officers on active duty taking retirement preparation leave as stipulated in Clause 1 and Clause 2 of Article 9 of this Circular shall be implemented in accordance with the Cadre Work Regulation of the People's Army of Vietnam of the Central Military Commission.

Article 11. Suspension of Leave Regulations

1. When there is a declaration of a state of emergency nationwide, a general mobilization order, or partial mobilization order, all officers currently on leave as stipulated in this Circular must return to their units immediately.

2. When the President declares a state of war, the Minister of National Defense shall issue an order suspending all leave regulations for officers.

3. When a unit has urgent or special missions, the commander with the authority to grant leave may call officers back to the unit to perform the mission.

Article 12. Registration Procedures for Annual Leave

1. Officers must register the time, duration, and location of their leave with the personnel office (the political assistant for units without a personnel office) for consolidation, reporting to the competent authority for resolution and management in accordance with regulations.

2. During the leave period, officers are responsible for registering 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 August 11, 2017.

2. The Decision No. 149/2002/QĐ-BQP dated October 15, 2002 of the Minister of National Defense on the leave regulations for serving officers and related documents are hereby abolished.

3. When the documents cited in this Circular are amended, supplemented, or replaced, they shall be applied according to the amended, supplemented, or replacement documents.

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, the Director of the Political General Department, the heads of agencies, organizations, units, and individuals concerned are responsible for implementing this Circular.

In the course of implementation, if there are difficulties, agencies, organizations, and units shall report them to the Political General Department (through the Personnel Bureau) for consolidation and reporting in accordance with regulations.