Circular No. 162/2018/TT-BQP guiding the implementation of special allowances for the Guard Force under the Ministry of National Defense

CIRCULAR
Guidelines for Implementing Special Allowances for
Security Guard Forces under the Ministry of National Defense

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Pursuant to the Security Guard Law dated June 20, 2017;

Pursuant to Decree No. 90/2018/NĐ-CP dated June 25, 2018 of the Government detailing certain provisions of the Law on Security Guards;

Based on 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;

At the proposal of the Director of the Political General Department;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."administrative sanction;

The Minister of National Defense issues this Circular guiding the implementation of special allowances for security guard forces under the Ministry of National Defense.of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home AffairsThis Circular guides the implementation of special allowances for security guard forces under the Ministry of National Defense; sources of funding and responsibilities for organizing and implementing these allowances by relevant agencies and units.

Article 1. Scope of Regulation

1. Officers and non-commissioned officers assigned to the Security Guard Office under the Military Security Protection Bureau, Political General Department.

Article 2. Applicability

2. Officers and non-commissioned officers authorized by competent authorities to be temporarily assigned to perform duties according to positions specified in the Security Guard Office under the Military Security Protection Bureau, Political General Department for at least one month.

3. Relevant organizations and individuals.

3. Organizations and individuals related thereto.

Article 3. Levels of Special Allowances and Calculation Method

1. Level of Special Allowance

The subjects specified in Clause 1 and Clause 2 of Article 2 of this Circular shall enjoy one of four levels of special allowance, including: 30%, 25%, 20%, and 15% of the rank-based salary for officers or type, group, grade for non-commissioned officers; specifically as follows:

a) The 30% allowance level applies to:

- Officers and non-commissioned officers performing security guard duties: close protection; protecting international guests visiting Vietnam; patrolling and guarding residences, workplaces, critical areas, and important events as prescribed;

- Officers holding leadership and command positions in the Security Guard Office and Security Guard Task Force;

- Officers with ranks from Lieutenant or non-commissioned officers with salaries equivalent to or lower than Lieutenant rank.

b) The 25% allowance level applies to:

- Officers and non-commissioned officers performing security guard duties: driving for close protection, driving for operations, escorting, inspecting explosives, flammable materials, radioactive substances, or other dangerous items, testing toxic substances; combat operations; reconnaissance; communication services for security work; special forces; mobility;

- Officers with ranks of Captain or Major or non-commissioned officers with salaries equivalent to Captain or Major ranks (excluding cases guided in point a of this clause).

c) The 20% allowance level applies to:

- Officers and non-commissioned officers directly serving Party and State leaders, Central Committee of the Vietnam Fatherland Front;

- Officers with ranks from Major or non-commissioned officers with salaries equivalent to or higher than Major rank (excluding cases guided in points a and b of this clause).

d) The 15% allowance level applies to officers and non-commissioned officers performing security guard duties not covered by the guidance in points a, b, and c of this clause.

2. Calculation Method The amount of special allowance received is calculated using the following formula:

Example: Comrade Dang Van B, Non-Commissioned Officer (salary coefficient 4.70), driving for escort duties (eligible for a 25% special allowance). According to the regulation, starting July 2018, Comrade Dang Van B will receive a special allowance of:

(4.70 x 1,390,000 VND/month) x 25% = 1,633,250 VND/month).

1. The special allowances stipulated in this Circular are paid together with the monthly salary and are not used to calculate contributions or benefits under social insurance and health insurance.

Article 4. Principles of Implementation

2. Officers and non-commissioned officers performing security guard duties who meet the criteria for a specific level of special allowance shall receive that level of special allowance. If an individual meets the criteria for multiple levels of special allowances, they shall only receive the highest level.

3. When authorized to be transferred or appointed to perform security guard duties for at least one month, they shall receive the special allowance and start enjoying it from the month of the decision.

4. When changing job position or rank for officers or salary for non-commissioned officers from a certain month onwards, the special allowance level shall be applied according to the new job position, rank, or salary from that month.

5. Subjects specified in Clause 1 and Clause 2 of Article 2 of this Circular shall not receive special allowances in the following cases:

a) When there is a decision to retire (pre-retirement), transfer to another sector, demobilize, discharge, or transfer to another agency or unit not performing security guard duties, they shall cease to receive special allowances from the month immediately following the month of the decision;

b) Time spent working abroad continuously for 30 days or more as stipulated in Clause 4 of Article 8 of Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on salary regulations for cadres, civil servants, public officials, and armed forces;

c) Time spent studying full-time at domestic and foreign training institutions for three months or more;

d) Time off due to illness or maternity leave exceeding the time prescribed by the Law on Social Insurance;

đ) Time when suspended from duty.

d) Period of suspension from work.

Article 5. Sources of Funding

Funding for the implementation of special allowances stipulated in this Circular shall be guaranteed within the annual regular budget allocation of the Ministry of National Defense assigned to the Military Security Protection Bureau, Political General Department.

Article 6. Implementation Organization

1. Policy Department / Political General Department

To take the lead and coordinate with functional agencies of the Ministry of National Defense to direct and inspect the implementation of special allowances for security guard officers and non-commissioned officers as guided in this Circular; to resolve any difficulties and issues arising.

2. Military Security Protection Bureau / Political General Department

a) To organize reviews, establish, and approve lists of eligible subjects and their allowance levels strictly, accurately, democratically, and transparently; to organize payments and settle accounts according to regulations.

b) Monthly, conduct reviews, supplement subjects, adjust special allowances levels (if applicable) as prescribed; take the lead in resolving any difficulties and arising issues at the unit.

3. The Finance Department/Military Ministry

Ensure funding allocation according to regulations; coordinate to inspect the implementation of special allowances for officers, professional guardsmen, and resolve any difficulties and arising issues.

Article 7. Effective Date

1. This Circular takes effect from December 26, 2018.

2. The special allowance regime stipulated in this Circular shall be implemented from July 1, 2018.

3. Repeal Circular No. 85/2009/TT-BQP dated October 8, 2009 of the Minister of National Defense guiding the implementation of preferential allowance regimes for the Guard Force in the Vietnam People's Army.

Article 8. Responsibility for Implementation

Point 1. Heads of agencies and units and individuals concerned are responsible for implementing this Circular.

2. In the process of implementing, if there are any difficulties, report to the Ministry of National Defense (through the Policy Department/General Political Department) for consideration and resolution./.