Joint Circular No. 170/2002/TTLT-BQP-BTC guiding the implementation of policies for reserve officer trainees and reserve officers.

CIRCULAR

MINISTRY OF NATIONAL DEFENSE AND MINISTRY OF FINANCE
Guidelines for Implementing Regulations and Policies for Students

Training Reserve Officers and Reserve Officers

_________________

Implementing Decree No. 26/CP/2002 dated March 21, 2002 of the Government on Reserve Officers of the Vietnam People's Army (hereinafter referred to as Decree No. 26/CP); after consultation with the Ministry of Home Affairs at Circular No. 279/BNV-TL dated September 20, 2002; and with the Ministry of Labor, Invalids and Social Affairs at Circular No. 2861/LDTBXH-TL dated August 30, 2002, the Ministry of National Defense and the Ministry of Finance hereby unify guidelines for implementing regulations and policies for students training reserve officers and reserve officers as follows:  The finance shall guide the implementation of the regime and policies for reserve officer trainees and reserve officers as follows:

A. REGULATIONS AND POLICIES FOR STUDENTS TRAINING
RESERVE OFFICERS  BỊ

I. ELIGIBLE RECIPIENTS OF REGULATIONS AND POLICIES

Professional military personnel, non-commissioned officers upon leaving active service; first-class reserve non-commissioned officers; civil servants outside the Military; those who have graduated from university or higher degrees without receiving salaries from the state budget, when called for concentrated training of reserve officers according to annual quotas assigned by the Prime Minister to Ministries, agencies equivalent to Ministries, and government agencies (hereinafter collectively referred to as Ministries), provinces, centrally governed cities (hereinafter collectively referred to as provinces), are eligible recipients of regulations and policies under these guidelines.

II. REGULATIONS AND POLICIES

1. Food Allowance

1.1. Students training reserve officers as specified in Section I Part A, during the period of training reserve officers shall enjoy daily food allowance like students training platoon-level officers from the day they arrive at school until the end of the course and completion of departure procedures; professional military personnel shall pay basic food costs according to current regulations.

1.2. The food allowance and the difference in food allowance for professional military personnel as stipulated in Point 1.1 Clause 1 Section II Part A, paid into the budget will be announced annually by the Ministry of National Defense.

2. Uniform Loan and Issue, and Some Living Supplies

2.1. First-class reserve non-commissioned officers, civil servants outside the Military, those who have graduated from university or higher degrees without receiving salaries from the state budget, during the period of training reserve officers shall borrow and receive uniforms and some living supplies according to the regulations of the Ministry of National Defense.

2.2. Professional military personnel, non-commissioned officers upon leaving active service during the period of training reserve officers shall continue to enjoy uniform and living supply benefits as active-duty professional military personnel and non-commissioned officers.

3. Salary and Other Allowances and Subsidies  salary, allowances, and other subsidies

3.1. Civil servants, first-class reserve non-commissioned officers currently receiving salaries from the state budget during the period of training reserve officers shall receive their full salary and regular allowances according to the current system for civil servants and officials on official business, including travel expenses; these expenditures shall be settled into the state budget allocated to Ministries and provinces.

3.2. Professional military personnel upon leaving active service during the period of training reserve officers shall continue to receive full salary and allowances, subsidies, and travel expenses as active-duty personnel.

3.3. Non-commissioned officers upon leaving active service during the period of training reserve officers shall continue to receive rank allowances, service allowances beyond the limit (if applicable), and travel expenses as active-duty personnel.

3.4. First-class reserve non-commissioned officers not receiving salaries from the state budget during the period of training reserve officers shall receive rank allowances monthly equivalent to the rank allowances of non-commissioned officers of the same grade in the first two years.

3.5. Those who have graduated from university or higher degrees without receiving salaries from the state budget during the period of training reserve officers shall receive monthly allowances equivalent to the rank allowances of senior non-commissioned officers in the first two years.

3.6. The period for receiving allowances for the subjects specified in Points 3.4 and 3.5 Clause 3 Section II Part A is the training period for each subject as prescribed by the Minister of National Defense. If enrolled or completed the course on any day of the month, they shall receive the entire month's rank allowance.

3.7. The subjects specified in Points 3.4 and 3.5 Clause 3 Section II Part A shall be reimbursed for travel expenses from their place of residence or work to the reserve officer training institution and back.

3.8. Upon graduation, students training reserve officers who are granted reserve officer ranks shall receive an additional month's salary according to their rank (excluding food allowance, rank allowance, social insurance, and health insurance for that month).

3.9. The amounts of salary, allowances, subsidies, and travel expenses specified in Points 3.2 to 3.8 Clause 3 Section II Part A shall be paid by reserve officer training institutions and settled into the annual budget announced by the Ministry of National Defense.  Clause 3 Section II Part A, to be paid and settled into the annual budget announced by the Ministry of National Defense by training institutions for reserve officers under the Military..

4. Family Allowance 2. From the date this Decree takes effect,  

4.1. First-class reserve non-commissioned officers during the period of training reserve officers shall receive family allowances as follows:  family allowance as follows:

a) In cases where they do not receive salaries from the state budget, they shall be granted daily allowances equal to a factor of 0.1 of the minimum wage as stipulated by the Government.  0.1 times the minimum wage as stipulated by the Government.

b) In cases where they are currently receiving salaries from the state budget or from organizations participating in mandatory social insurance, they shall be granted daily allowances equal to a factor of 0.05 of the minimum wage as stipulated by the Government.  0.05 times the minimum wage as stipulated by the Government.

4.2. Reserve officer training institutions shall prepare lists of students eligible for family allowances for each course, confirm the number of days of concentrated training at the school, and the level of family allowances for each student, and send them to the military district, city, or town (hereinafter collectively referred to as districts). The military district office shall pay family allowances to reserve officer training students after graduation and settle accounts with the provincial military command within the local budget allocated for national defense.  under the province (hereinafter referred to as district). The military authority of the district shall pay the family allowance to reserve officer trainees after graduation and return to their locality, and settle with the provincial military command within the local budget allocated for national defense.

5. Regulations and Policies When Illness, Injury, or Death Occurs

5.1. Professional military personnel, non-commissioned officers upon leaving active service during the period of training reserve officers, if they fall ill, get injured, or die, shall implement regulations and policies similar to those for active-duty personnel.  when sick, injured, or deceased, the regime and policy shall be implemented similarly to those for active-duty military personnel.

5.2. For reserve sub-officers of the first rank, officials, civil servants, and those who have graduated from university or higher outside the military, during their reserve officer training period, if they fall ill, get injured, or pass away, they shall be handled according to the provisions set out in Section VI and Section VII, Part B of Circular Joint Circular No. 1232/1998/TTLT-BQP-BLDTBXH-BTC dated April 24, 1998, issued by the Joint Ministry of National Defense - Ministry of Labor, Invalids and Social Affairs - Ministry of Finance on guiding the implementation of regulations and policies for reservists during concentrated training, exercises, readiness inspection for mobilization, and combat readiness (hereinafter referred to as Circular No. 1232/1998/TTLT).

6. Annual leave system for officials and civil servants and the postponement of reserve officer training call-up.  6.1. Officials and civil servants working at agencies and units outside the military, if they are on annual leave when called up for reserve officer training, will continue to enjoy the remaining days of their annual leave after completing the reserve officer training or take leave at a suitable time.

6.2. If the period of concentrated reserve officer training coincides with the period of examination for promotion, or final vocational course examination while studying part-time, the call-up for that period of reserve officer training can be postponed upon certification by the agency or unit where they work.

7. Regulations on the recruitment of officials and civil servants.

7.1. Upon graduation from reserve officer training, trainees who are granted reserve officer ranks and have fulfilled the registration obligation for reserve positions as prescribed, when transferring jobs or being recruited, if required to take competitive examinations for civil service positions, will be given priority by adding one point to their examination results for recruitment consideration.

7.2. University graduates during reserve officer training who have received notification of civil service recruitment examinations from the competent authority, may be allowed to take leave to participate in the examination, with the leave not exceeding seven days within the training course; their examination results will be preserved until completion of the reserve officer training course.

8. Policies for reserve non-commissioned officers upon discharge from active duty after completing reserve officer training.

In addition to the benefits stipulated in Point 3.8 Clause 3, Point 7.1 Clause 7 Section II Part A, reserve non-commissioned officers who complete reserve officer training and are discharged from active duty will also enjoy the policies for discharged non-commissioned officers as currently prescribed. The period of active service will be calculated up to the end of the reserve officer training course. The reserve officer rank conferred upon graduation from reserve officer training will not be considered for calculating discharge benefits.

In addition to the benefits prescribed in Point 3.8 Clause 3, Point 7.1 Clause 7 Section II Part A, non-commissioned officers who have completed reserve officer training and leave active service shall also enjoy the regime and policy for discharged non-commissioned officers according to current regulations. The period of active service  shall be counted until the completion of the reserve officer training course. The rank of reserve officer conferred upon graduation from reserve officer training shall not be considered in calculating the discharge regime and policy.

B. POLICIES FOR RESERVE OFFICERS  

I. RESPONSIBILITY ALLOWANCE SYSTEM

1. Recipients, conditions, and levels of responsibility allowance

1.1. Reserve officers who have registered for reserve officer positions with the Military Office of the district but have not been assigned to reserve mobilization units, fulfill all obligations of registration, concentrated activities, readiness inspections for mobilization, combat readiness, and readiness to perform tasks as prescribed (excluding those entitled to allowances as specified in Points 1.2 and 1.3 Clause 1 Section I Part B), quarterly receive a registration responsibility allowance at a rate of 0.2 times the minimum wage as prescribed.  at a rate of 0.2 times the minimum wage as stipulated  of the Government.

1.2. Reserve officers appointed by the competent authority to fill positions in reserve mobilization units, performing their duties and responsibilities well as prescribed (excluding those entitled to responsibility allowances as specified in Point 1.3 Clause 1 Section I Part B), quarterly receive a reserve officer responsibility allowance at a rate of 0.3 times the minimum wage as prescribed by the Government.

1.3. Reserve officers appointed by the competent authority to hold command positions in reserve mobilization units from platoon to regiment level and equivalent units, fulfilling the management responsibilities of the unit as prescribed in Point a Clause 2 Article 15 of the Decree on the Reserve Mobilization Force and units with soldiers to manage, quarterly receive a responsibility allowance for managing reserve mobilization units based on the position held.

The responsibility allowance is calculated as a coefficient relative to the minimum wage as prescribed by the Government, specifically as follows:

Platoon Commander and equivalent positions: 0.30

Deputy Company Commander and equivalent positions:           0,35

Company Commander and equivalent positions:                0,40

Deputy Battalion Commander and equivalent positions:       0,45

Battalion Commander and equivalent positions: 0,50

Deputy Regiment Commander and equivalent positions: 0.55

Regiment Commander and equivalent positions:           0,60.

2. Calculation Method

2.1. Responsibility allowances are calculated quarterly. Each reserve officer is only entitled to the highest level of allowance as prescribed in Section I Part B.

2.2. For reserve officers registering for reserve positions for the first time or having a decision to be assigned to positions in reserve mobilization units or appointed to command positions in reserve mobilization units, the allowance for that quarter is calculated as follows:

a) Registration with assignment or appointment decisions made before the 15th day of the middle month of the quarter will be entitled to the full quarter's allowance.

b) Registration or assignment/appointment decisions made on or after the 16th day of the middle month of the quarter will not be entitled to the quarter's responsibility allowance.

2.3. During the quarter, reserve officers entitled to responsibility allowances who have assignment decisions to reserve mobilization units or appointments to command positions in reserve mobilization units will have their quarter's allowance calculated as prescribed in Point 2.2 Clause 2 Section I Part B.

2.4. During the quarter, reserve officers entitled to responsibility allowances for commanding reserve mobilization units who have decisions to relieve them of their command positions will have their quarter's allowance calculated as follows:

a) Relieving decisions made before the 15th day of the middle month of the quarter will cease entitlement to the quarter's command responsibility allowance;

b) Relieving decisions made on or after the 16th day of the middle month of the quarter will cease entitlement to the next quarter's command responsibility allowance.

2.5. During the quarter, reserve officers entitled to responsibility allowances who have decisions to remove them from reserve officer positions will have their quarter's allowance calculated as follows:

a) Removal decisions made before the 15th day of the middle month of the quarter will cease entitlement to the quarter's allowance;

b) Removal decisions made on or after the 16th day of the middle month of the quarter will cease entitlement to the next quarter's allowance.

3. Responsibility for paying allowances

3.1. Quarterly, the Military Office of the district organizes the payment of allowances to all reserve officers residing in the district who are entitled to allowances, in conjunction with organizing registration, inspection, review, and reserve officer activities.

3.2. The allowance for responsibility shall be paid once every quarter in the last month of each quarter; the specific time, location, and method of payment shall be determined by the military authority of the district.  3.3. The Military Command of the commune, officers responsible for reserve officer affairs at agencies and enterprises located within the district shall have the responsibility to send notice of receipt of the allowance for responsibility from the military authority of the district to each reserve officer; they must grasp the reasons why reserve officers are absent when receiving the allowance and report this to the military authority of the district.

4. The time period for enjoying the allowance for responsibility for each category is as follows:

4.1. The allowance for commanding reserve unit mobilization units as stipulated in Clause 1, Article 40 of Decree No. 26/CP shall be enjoyed according to current regulations.

4.2. The allowance for registering, concentrating for activities, checking readiness for mobilization, and combat readiness, and the allowance for reserve officers as stipulated in Clause 2 and Clause 3, Article 40 of Decree No. 26/CP shall be enjoyed starting from the second quarter of 2002.  5. Funding for Payment

The allowance for responsibility for reserve officers shall be settled into the budget as announced annually by the Ministry of National Defense.

II. POLICY REGIME FOR RESERVE OFFICERS WHEN CONCENTRATING AND PERFORMING TASKS

Reserve officers during the time of strengthening tasks for regular forces; concentrating for training, exercises, checking readiness for mobilization, and combat readiness shall be implemented as prescribed in Part B of Circular No. 1232/1998/TTLT.

III. POLICY REGIME FOR RESERVE OFFICERS CALLED UP TO SERVE IN THE MILITARY DURING PEACE TIME  1. Reserve officers called up to serve in the military according to Clause 2, Article 35 of Decree No. 26/CP

shall enjoy all policy regimes like those for active-duty officers with the same rank and position.

2. Calculation of salary and monthly allowance for reserve officers serving in the military as follows:

a) If the decision is made on the 15th day or earlier of the month, they will receive the full month's salary and allowance (if applicable).  b) If the decision is made from the 16th day to the end of the month, they will receive half a month's salary and allowance (if applicable) based on their rank and position.

3. When reserve officers have a decision to serve in the military, the local military authority shall cease paying the allowance for responsibility that the reserve officers were receiving. Calculation:

a) If the decision to serve in the military is made from the 15th day of the middle month of the quarter or earlier, they will stop receiving the allowance for responsibility from that quarter.

b) If the decision to serve in the military is made from the 16th day of the middle month of the quarter or later, they will stop receiving the allowance for responsibility from the next quarter.

4. Travel expenses from the place of residence to the unit shall be implemented as for active-duty officers traveling on duty, paid by the unit receiving the reserve officer and settled into the budget as announced annually by the Ministry of National Defense.

5. When the term of service in the military ends.  5.1. They shall be processed according to the regulations for active-duty officers ending their service in the military as stipulated in Decree No. 04/2001/NĐ-CP dated January 16, 2001, detailing the implementation of certain Articles of the Law on Officers of the Vietnam People's Army, Circular No. 1699/2001/TTLT-BQP-BLDTBX-HC guiding the implementation of Decree No. 04/2001/NĐ-CP regarding policies for officers ending their service in the military; officers transferring to professional soldiers or defense civil servants and continuing to serve in the reserve ranks.

5.2. If the military has a need and the reserve officer volunteers, they may be considered for transfer to active-duty officer ranks or professional soldiers; defense civil servants.

IV. RESPONSIBILITIES OF AUTHORITIES AND UNITS IN ORGANIZING FUNERALS WHEN RESERVE OFFICERS PASS AWAY

1. Reserve officers during the time of strengthening tasks for regular forces, concentrating for training, exercises, checking readiness for mobilization, and combat readiness who pass away, the funeral shall be organized as for active-duty officers with the same rank passing away. The unit managing the reserve officer shall coordinate with relevant authorities and localities to organize the funeral according to the current regulations of the Ministry of National Defense on organizing funerals in the Vietnam People's Army.

2. Reserve officers serving in the reserve ranks who are enjoying retirement benefits and pass away, the local military authority of the province and district shall coordinate with localities and relevant authorities to organize the funeral according to the current regulations of the Ministry of National Defense on organizing funerals in the Vietnam People's Army.  3. When reserve officers serving in the reserve ranks at the locality pass away, the military authority of the district and commune shall have the responsibility to visit and pay respects. The cost for visiting a deceased reserve officer shall be calculated as one month's minimum wage as stipulated by the Government and settled into the budget as announced annually by the Ministry of National Defense.

1. This Circular takes effect 15 days after the date of signature.

The policies and guidelines outlined in this Circular shall be applied from April 6, 2002 (the effective date of Decree No. 26/CP); any policies and benefits for reserve officers as guided by this Circular shall not be enjoyed under Circular No. 1232/1998/TTLT.

2. In the process of implementation, if there are any difficulties, the responsibility lies with the relevant ministry; ministries, localities, agencies, and military units shall promptly reflect these issues to the relevant ministry to take the lead in resolving them.

2. For reserve officers serving in the reserve cadre who are receiving retirement benefits and pass away, the local military authority of the province or district shall coordinate with the locality and relevant agencies to organize funeral services in accordance with the current regulations of the Ministry of National Defense on organizing funerals in the Vietnam People's Army.

3. For reserve officers serving in the reserve cadre at the locality level who pass away, the military authority of the district or commune shall be responsible for organizing condolences. The expenses for condolence visits for one deceased reserve officer shall be calculated based on one month's minimum wage as stipulated by the Government and settled into the annual budget announced by the Ministry of National Defense.

C. IMPLEMENTATION

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

The regimes and policies guided in this Circular shall be applied from April 6, 2002 (the date Decree No. 26/CP takes effect); the regimes and policies of reserve officers enjoyed according to the guidance in this Circular shall not be enjoyed according to Circular No. 1232/1998/TTLT.

2. During the implementation process, any difficulties falling under the responsibility of which ministry shall be promptly reflected by ministries, sectors, localities, agencies, and military units to that ministry for primary resolution.