Joint Circular No. 17-TT-LB on payment of salary and allowances for demobilized military personnel transferring to other sectors

JOINT CIRCULAR

Regarding payment of salary and allowances for military personnel demobilized and transferred to other sectors

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According to government policy, military personnel demobilized and transferred to state agencies, enterprises, and national businesses shall be assigned to the current salary scales applicable at those places.

During the initial period of transfer, due to the lack of assignment, each person will continue to enjoy living expenses and allowances according to their military rank (living expenses, position allowance, seniority allowance) for a period not exceeding six months. Once they become familiar with their work, the employing agency or enterprise will assess their virtue, talent, and work history or profession to assign them to an appropriate salary scale.

Regarding child allowances, those who have been receiving such allowances in the military will continue to receive them upon transfer, whether to state agencies, organizations, enterprises, construction sites, or schools. Those who did not receive child allowances while in the military but are assigned to a job that includes child allowances upon transfer to an agency or enterprise will also receive such allowances from the date they start their new job.

The above policy has been specifically regulated by the Ministry of Interior in Circulars No. 886-PQC dated May 14, 1955, and No. 1372-PQC dated September 8, 1955, but implementation across levels and sectors has not been consistent.

Regarding uniforms: During the time they still enjoy military benefits, they will continue to receive military uniforms, but the settlement procedures have not been clearly defined.

To properly implement the government's policy towards demobilized military personnel, to unify salary payments, and ensure everyone feels secure and enthusiastic about their work after transferring sectors, our joint ministries hereby regulate the following regarding salary and allowances for military personnel demobilized and transferred to other sectors starting July 1, 1956, and the handling of cases where military personnel were transferred before June 30, 1956.

A. FOR MILITARY PERSONNEL TRANSFERRED FROM JULY 1, 1956 ONWARDS

I. REGARDING SALARIES:

Military personnel demobilized and transferred, depending on their rank, will receive salaries during the first six months according to the military system, specifically including the following items:

1. Rice and food (including additional meals on holidays and festivals), firewood money, salt, and miscellaneous allowance set for one month:

- Soldier 22,680 dong

- Platoon deputy 23,580 dong

- Platoon commander 24,480 dong

- Company deputy 25,830 dong

- Company commander 27,180 dong

- Battalion deputy 28,980 dong

- Battalion commander 30,330 dong

- Regiment deputy 38,360 dong

- Regiment commander 39,710 dong

- Brigade deputy 41,960 dong

- Brigade commander 43,760 dong

- Division deputy 53,760 dong

- Division commander 55,730 dong

2. Seniority allowance per month:

- 1 year of service 450 dong

- 2 years 900 dong

- 3 years 1,350 dong

- 4 years 1,800 dong

- 5 years 2,250 dong

3. Other allowances:

- Female military personnel will receive an additional 450 dong hygiene allowance per month.

- War invalids with disability pensions will continue to receive them according to the current regulations.

Medical care and recuperation allowances will be provided according to the regulations of the employing agencies or enterprises.

4. There are no other allowances.

: A lacquerware cooperative has 55 members, with 1,300 working days of members in a month and 30 hired workers. The average social labor productivity quota of the cooperative is 200,000 VND revenue per person per month. The total revenue of the cooperative in a month is 14 million VND, with legitimate material costs and management expenses amounting to 7.2 million VND.For example, a soldier with one year of service who has already received military uniforms from the unit will, when transferred to a state agency, receive 22,680 dong + 450 dong = 23,130 dong per month.

II. MILITARY UNIFORMS

Before leaving the unit, personnel have already received seasonal uniforms, so the monthly uniform allowance specified below will only be paid when the issued uniforms expire.: A lacquerware cooperative has 55 members, with 1,300 working days of members in a month and 30 hired workers. The average social labor productivity quota of the cooperative is 200,000 VND revenue per person per month. The total revenue of the cooperative in a month is 14 million VND, with legitimate material costs and management expenses amounting to 7.2 million VND.For example, a military personnel transferred in August 1956 who received autumn-winter uniforms in 1956 from the unit will have these uniforms expire by the end of December 1956; however, in January 1957, they will still be entitled to the military system and will receive additional uniform allowance as follows:

- From soldiers to company commanders 6,000 dong per month

- Battalion 6,500 dong "

- Regiment 8,000 dong "

- Brigade 9,900 dong "

- Division 11,500 dong "

For each military personnel, this regulation will apply for six months from the date of transfer. Starting from the seventh month, the employing agency or enterprise must assign them to a salary scale to receive salary and allowances according to their new rank. However, for those with specialized skills or clear work capabilities, even if the six-month period has not yet expired, the agency or enterprise may immediately assign them to a salary scale to prevent loss, provided the new salary is higher than the old living expenses plus uniform allowance.

When introducing military personnel transferred, military units with authority need to note the expiration date of uniforms on the certificate of cessation of living expenses for easy settlement by the new agency.

This regulation applies only to military personnel transferred from July 1, 1956 onwards. For those who transferred between July 1, 1955, and July 1, 1956, and were still enjoying military benefits until July 1, 1956, they will also be adjusted according to the above salary and uniform allowance rates (living expenses adjusted from July 1, 1956, and uniform allowance calculated from January 1, 1956, for those transferred in the last six months of 1955, and from July 1, 1956, for those transferred in the first six months of 1956).

B. FOR MILITARY PERSONNEL TRANSFERRED BEFORE JULY 1, 1956

I. FOR MILITARY PERSONNEL TRANSFERRED BEFORE JULY 1, 1955

a. Military personnel transferred from July 1, 1955, or earlier have all been assigned to new salary scales and have been retroactively paid from July 1, 1955.

b. Demobilized personnel sent to vocational schools temporarily continue to receive their current salary until a new salary system for cadres, workers, and staff attending vocational schools is established, at which point they will receive according to that system.

For demobilized personnel currently receiving student benefits (40 kilograms of rice per month), the adjustment will now be made according to the following levels:

- Living expenses according to the military system including food and miscellaneous allowance;

- Advance payment of 40% or 50%, depending on whether it is in a local area or Hanoi;

- Seniority allowance; and retroactive payment from the date of enrollment.

c. If transferred to construction sites, they will receive according to the construction site system from December 1, 1955 (Decree No. 651-TTg dated December 30, 1955, of the Prime Minister's Office).

II. FOR MILITARY PERSONNEL TRANSFERRED FROM JULY 1, 1955 TO DECEMBER 31, 1955

1. For military personnel transferred from July 1, 1955, to December 31, 1955, who have been assigned to new salary scales and have been receiving retroactive payments according to the new ranks since January 1, 1956, as stipulated in Circular No. 207-TC-HCP dated May 7, 1956, of the Ministry of Finance, there are three cases that need to be resolved:

a. If the salary according to the new rank is higher than the old subsistence allowance (including rice and food + miscellaneous allowance + seniority allowance + salt + firewood) plus military clothing allowance as prescribed above, then there is no need for adjustment.

Example: A soldier transferred from November 1955 (already received winter 1955 military clothing allowance) from January 1, 1956 received a subsistence allowance of 22,830đ + 6,000đ (military clothing allowance) = 28,830đ and was ranked at level 15 with a higher salary of 29,380đ in April 1956. According to the principle, that person would enjoy the army system for six months from November 1955 to April 1956 and only receive the salary of 29,380đ from May 1956 onwards. But if that person has already been paid retroactively, then there is no need to return it.

b. If the salary according to the new rank is lower than the old subsistence allowance (including rice and food + miscellaneous allowance + seniority allowance + salt + firewood) plus military clothing allowance, then brothers and sisters will be paid the difference from January 1956 to the month of the decision on reassignment, even if the six-month period for enjoying the army system has expired.

Example: A deputy battalion commander transferred from September 1955 to an agency in Hanoi (already received winter 1955 military clothing allowance) received a monthly subsistence allowance according to the army system of 39,030đ. At the end of January 1956, he was assigned to level 11 of the 17-level salary scale and had already been paid retroactively from January 1, 1956. According to Section A Clause II above, from January to April 1956, he received an additional 8,000đ military clothing allowance each month. Thus, the total salary received was 39,030đ + 8,000đ = 47,030đ.

However, he was paid according to level 11 of the 17-level salary scale, which is 42,625đ per month, so now he receives the difference from January to April 1956, each month 47,030đ - 42,625đ = 4,405đ.

From May 1956 onwards, he will receive the salary according to level 11.

c. If on the day of reassignment to the new rank, the six-month period for enjoying the army system has not yet expired and the salary according to the army system (including military clothing allowance) is higher than the salary at the new rank, then brothers and sisters will continue to enjoy the army system until the end of the six-month period; the new salary level will only apply from July.

In case they have already been paid retroactively according to the new rank, then brothers and sisters will be paid the additional difference according to the method prescribed in Section b above, for the months still entitled to the army system.

2. If up to now, they have not been reassigned to the new salary scale, they should take advantage of the opportunity to be reassigned immediately. For the first six months of 1956, they will be paid the military clothing allowance prescribed in Section A Clause II. The new salary level will apply from July 1, 1956.

3. Those who transfer to professional schools will continue to enjoy the army system until the salary regulations for staff and employees attending school are issued and will be paid the military clothing allowance from January 1, 1956.

4. If they transfer to construction sites, they will start from the seventh month after the date of transfer to enjoy the construction site salary system. From January 1, 1956 onwards, for the months still entitled to the army system, they will be paid the difference between the old subsistence allowance (plus military clothing allowance) and the construction site salary.

Example: A soldier transferred from November 1955 to a construction site (already received winter 1955 military clothing allowance), received a monthly subsistence allowance according to the army system of 22,830đ; in December 1955, the new construction site salary system was implemented and he received 27,000đ per month.

According to the principle, he would enjoy the army system for six months from November 1955 to April 1956.

Thus:

- From January 1956 to April 1956, he received the subsistence allowance and military clothing allowance: 22,830đ + 6,000đ = 28,830đ.

But he received the construction site salary of 27,000đ, so now he will receive the difference each month:

28,830đ - 27,000đ = 1,830đ

Four months of additional payment: 1,830đ x 4 = 7,320đ

- In December 1955, he received the construction site salary of 27,000đ but should have only received 22,830đ, so he received too much:

27,000đ - 22,830đ = 4,170đ

Therefore, he can claim back: 7,320đ - 4,170đ = 3,150đ

III. FOR SOLDIERS TRANSFERRING FROM 01-01-1956 TO 30-06-1956

a. If transferring to agencies, enterprises, or construction sites, from July 1956 onwards, for the months within the six-month period for enjoying the army system, they will receive the additional military clothing allowance for those months.

When the six-month period for enjoying the army system expires, they will be reassigned to the new salary scale and will receive the new salary according to the agency or construction site, enterprise.

b. If transferring to professional schools, they will continue to enjoy the army system until the salary regulations for staff and employees attending professional schools are issued, from July 1, 1956, they will receive an additional military clothing allowance each month.

Above, the Joint Ministry has compiled all issues related to the salaries and allowances of soldiers transferring to agencies, enterprises, construction sites, and schools. It is requested that all levels and sectors study the provisions made, strictly implement them, and widely disseminate this circular so that brothers and sisters understand their rights clearly.