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

CIRCULAR
JOINT MINISTRY OF NATIONAL DEFENSE AND MINISTRY OF FINANCE
JOINT CIRCULAR NO. 170/2002/TTLT-BPQ-BTC, DATE OF ISSUE: November 28, 2002
GUIDELINES FOR IMPLEMENTATION OF REGIME AND POLICIES FOR
STUDENTS TRAINING RESERVE OFFICERS AND RESERVE OFFICERS

Implementing Decree No. 26/2002-CP 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 Interior at Circular No. 279/BNV-TL dated September 20, 2002; and 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 regimes and policies for students training reserve officers and reserve officers as follows:

A- REGIMES AND POLICIES FOR STUDENTS TRAINING
RESERVE OFFICERS

I- ELIGIBLE RECIPIENTS OF REGIMES AND POLICIES

Professional military personnel, non-commissioned officers when ceasing active service; first-class reserve non-commissioned officers; civil servants and officials outside the Military; those who have graduated from university or higher without receiving salary from the state budget, called for concentrated training of reserve officers according to the annual quota assigned by the Prime Minister to Ministries, agencies equivalent to Ministries, agencies under the Government (hereinafter collectively referred to as Ministries), provinces, centrally governed cities (hereinafter collectively referred to as provinces), are the eligible recipients of regimes and policies as guided by this Circular.

II- REGIMES AND POLICIES

1. Food allowance

1.1. Students training reserve officers as stipulated 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 training course and complete the procedures for leaving the school; professional military personnel shall pay the basic food fee according to the current regulations.

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

2. Loan and issuance of uniforms and some living necessities

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

2.2. Professional military personnel and non-commissioned officers when ceasing active service during the period of training reserve officers shall still enjoy the uniform and living necessities regime like active-duty professional military personnel and non-commissioned officers.

3. Salary regime, allowances, and other subsidies

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

3.2. Professional military personnel when ceasing active service during the period of training reserve officers shall still receive their full salary and allowances, subsidies, and travel expenses like active-duty military personnel.

3.3. Non-commissioned officers when ceasing active service during the period of training reserve officers shall still receive rank allowance, service beyond limit allowance (if applicable), and travel expenses like active-duty military personnel.

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

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

3.6. The time for receiving allowances as stipulated in Points 3.4 and 3.5 Clause 3 Section II Part A is the training period of each individual according to the regulations of the Minister of National Defense. If enrolled or completed the course on any day of the month, the rank allowance for that month will still be received.

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

3.8. Reserve officer trainees upon graduation and being commissioned as reserve officers 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 salaries, allowances, subsidies, and travel expenses stipulated in Points 3.2 to 3.8 Clause 3 Section II Part A shall be paid by reserve officer training institutions of the Military and settled into the annual budget announced by the Ministry of National Defense.

4. Subsidies for family

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

a) In cases where they do not receive salary from the state budget, they shall be subsidized daily at a rate of 0.1 times the minimum wage as prescribed by the Government.

b) In cases where they are currently receiving salary from the state budget or from organizations participating in mandatory social insurance, they shall be subsidized daily at a rate of 0.05 times the minimum wage as prescribed by the Government.

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

5. Regimes and policies in case of illness, injury, or death

5.1. Professional military personnel and non-commissioned officers who cease service during officer reserve training due to illness, injury, or death shall be entitled to benefits and policies as those serving on active duty.

5.2. First-class reserve non-commissioned officers, officials, civil servants, and individuals with a bachelor's degree or higher outside the Military, during their time in reserve officer training, if they fall ill, get injured, or die, shall implement the provisions set forth in Section VI and Section VII of Part B of the 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 regarding guidelines for implementing policies for reservists during concentrated training, exercises, and readiness inspections (hereinafter referred to as Circular No. 1232/1998/TTLT).

6. Annual leave regulations for officials and civil servants and the postponement of reserve officer training.

6.1. Officials and civil servants working at agencies and units outside the Military, if on annual leave when called for reserve officer training, shall continue to enjoy the remaining days of 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 promotion examination or final course examination for part-time study, the call for reserve officer training may be postponed upon certification from the workplace agency or unit.

7. Regulations on the recruitment of officials and civil servants

7.1. Upon graduation from reserve officer training, trainees who have been granted reserve officer rank and have fulfilled the registration obligation according to regulations, when transferring jobs or being recruited, if required to take a civil servant recruitment examination, shall be given an additional point added to their examination results for recruitment consideration.

7.2. University students undergoing reserve officer training who receive a notification of civil servant recruitment examination from the competent authority, may take leave to participate in the examination, with the leave not exceeding seven days within the training course; their recruitment examination results will be preserved until completion of the reserve officer training course.

8. Policies and benefits for non-commissioned officers ceasing active service after completing reserve officer training.

In addition to the rights stipulated in Point 3.8 Clause 3, Point 7.1 Clause 7 Section II Part A, non-commissioned officers ceasing active service after completing reserve officer training shall also enjoy the discharge benefits of non-commissioned officers as prescribed by current regulations. The period of active service shall be calculated up to the end of the reserve officer training course. The reserve officer rank conferred upon graduation from reserve officer training shall not be counted towards discharge benefits and policies.

B - POLICIES AND BENEFITS FOR RESERVE OFFICERS

I - RESPONSIBILITY ALLOWANCE REGULATIONS

1. Eligibility, conditions, and levels of responsibility allowance

1.1. Reserve officers who have registered with the county military office but have not been assigned to a mobilization reserve unit, fulfill all registration obligations, participate in concentrated activities, readiness inspections, and readiness for combat and tasks as prescribed (excluding those eligible for allowances under Points 1.2 and 1.3 Clause 1 Section I Part B) shall receive a registration responsibility allowance quarterly equivalent to a factor of 0.2 compared to the minimum wage as prescribed by the Government.

1.2. Reserve officers appointed by the competent authority to fill positions in the mobilization reserve unit, performing their duties satisfactorily as prescribed (excluding those eligible for responsibility allowances under Point 1.3 Clause 1 Section I Part B), shall receive a reserve officer responsibility allowance quarterly equivalent to a factor of 0.3 compared to the minimum wage as prescribed by the Government.

1.3. Reserve officers appointed by the competent authority to hold command positions in mobilization reserve units from platoon to regiment level and other units of similar organizational scale, fulfilling management responsibilities as prescribed in Point a Clause 2 Article 15 of the Mobilization Reserve Forces Regulation and units with soldiers to manage, shall receive a management responsibility allowance quarterly based on the position held.

The responsibility allowance is calculated as a factor 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 allowance is calculated quarterly. Each reserve officer can only enjoy the highest level of allowance as prescribed in Section I Part B.

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

a) Registration with a decision to fill or appoint from the 15th day of the middle month of the quarter or earlier shall be entitled to the full quarter's allowance.

b) Registration or a decision to fill or appoint from the 16th day of the middle month of the quarter or later shall not be entitled to the responsibility allowance for that quarter.

2.3. Within a quarter, reserve officers eligible for responsibility allowance who have a decision to be assigned to a mobilization reserve unit or appointed to a command position in a mobilization reserve unit shall have their allowance for that quarter calculated as prescribed in Point 2.2 Clause 2 Section I Part B.

2.4. Within a quarter, reserve officers eligible for command responsibility allowance who have a decision to relieve them of their command position shall have their allowance for that quarter calculated as follows:

a) Decision to relieve from the 15th day of the middle month of the quarter or earlier shall cease to receive the command responsibility allowance from that quarter;

b) Decision to relieve from the 16th day of the middle month of the quarter or later shall cease to receive the command responsibility allowance from the next quarter.

2.5. Within a quarter, reserve officers eligible for responsibility allowance who have a decision to remove them from the reserve cadre shall have their allowance for that quarter calculated as follows:

a) Where the decision to remove from rank is made on or before the 15th day of the middle month of a quarter, the allowance shall cease from that quarter;
b) Where the decision to remove from rank is made on or after the 16th day of the middle month of a quarter, the allowance shall cease from the following quarter.

3. Responsibility for paying allowances

3.1. Each military office of the district shall organize the payment of allowances to all reserve officers entitled to allowances residing within the district's jurisdiction, in conjunction with the registration, inspection, re-inspection, and reserve officer activities.

3.2. The payment of allowances shall be conducted once every quarter in the last month of each quarter; the specific time, location, and method of payment shall be determined by the military office of the district.

3.3. The People's Militia Committee of the commune, personnel responsible for reserve officer affairs at agencies and enterprises located within the district's jurisdiction, shall have the responsibility to deliver the notice of allowance payment issued by the military office of the district to each reserve officer; they must understand the reasons why a reserve officer is absent when receiving the allowance and report this to the military office of the district.

4. Time of entitlement to allowances

4.1. The command allowance for reserve units specified in Clause 1, Article 40 of Decree No. 26/CP shall be paid according to current regulations.

4.2. The registration, concentration, activity, readiness mobilization, combat readiness, and reserve officer responsibility allowances specified in Clauses 2 and 3, Article 40 of Decree No. 26/CP shall be paid from the second quarter of 2002.

5. Funding for payments

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

II - POLICIES AND REGULATIONS FOR RESERVE OFFICERS WHEN CONCENTRATING OR PERFORMING TASKS

Reserve officers during their time strengthening the regular forces; participating in training, exercises, inspections of readiness for mobilization, combat readiness, shall follow the provisions set out in Part B of Circular No. 1232/1998/TTLT.

III - POLICIES AND REGULATIONS FOR RESERVE OFFICERS CALLED UP FOR SERVICE IN TIMES OF PEACE

1. Reserve officers called up for service in accordance with Clause 2, Article 35 of Decree No. 26/CP shall enjoy all benefits and policies as those serving in active duty with the same rank and military grade.

2. Calculation of salary and monthly allowance for reserve officers called up for service in active duty is as follows:

a) If the decision is made on or before the 15th day of the month, they shall 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 shall receive half a month's salary and allowance (if applicable) based on their rank and military grade.

3. When a reserve officer receives a decision to serve in active duty, the local military office shall stop paying the responsibility allowance that the reserve officer was receiving. Calculation:

a) If the decision to serve in active duty is made on or before the 15th day of the middle month of a quarter, the responsibility allowance shall cease from that quarter.

b) If the decision to serve in active duty is made on or after the 16th day of the middle month of a quarter, the responsibility allowance shall cease from the following quarter.

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

5. Upon completion of active duty service period.

5.1. They shall be processed according to the regulations for active-duty officers leaving active duty 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, and Circular No. 1699/2001/TTLT-BQP-BLDTBX-HC guiding the implementation of Decree No. 04/2001/NĐ-CP regarding policies for officers leaving active duty; 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 status or professional soldier; defense civil servant.

IV - RESPONSIBILITY OF AGENCIES AND UNITS IN THE ORGANIZATION OF FUNERAL RITES WHEN RESERVE OFFICERS PASS AWAY

1. For reserve officers performing tasks to strengthen the regular forces, concentrating on training, exercises, inspections of readiness for mobilization, combat readiness who pass away, funeral rites shall be organized as for active-duty officers of the same military grade passing away. The unit managing the reserve officer shall coordinate with relevant agencies and localities to organize the funeral in accordance with the current regulations of the Ministry of National Defense on organizing funerals in the Vietnam People's Army.

2. For reserve officers serving in the reserve ranks and enjoying retirement benefits who pass away, the local military office of the province or district shall coordinate with localities and relevant agencies to organize the funeral 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 ranks at the local level who pass away, the military office of the district or commune shall be responsible for organizing condolences. The cost for condolences for a deceased reserve officer is calculated as one month's minimum wage as prescribed by the Government and settled into the annual budget announced by the Ministry of National Defense.

C - IMPLEMENTATION

1. This circular shall take effect 15 days after the date of signature.

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

2. In the course of implementation, any difficulties shall be promptly reported to the relevant ministry for resolution.