Joint Circular No. 2076/1998/TTLT/BQP-BLDTBXH-BTC guiding the implementation of certain policies and benefits for border guard forces

CIRCULAR

JOINT CIRCULAR OF THE MINISTRY OF NATIONAL DEFENSE,

MINISTRY OF LABOR, INVALIDS AND SOCIAL AFFAIRS, MINISTRY OF FINANCE

GUIDELINES FOR IMPLEMENTING CERTAIN REGIMES AND POLICIES FOR BORDER GUARD FORCES

Implementing Decree No. 02/1998/NĐ-CP dated January 6, 1998 of the Government detailing certain provisions of the Border Guard Force Ordinance.

The Joint Ministry of National Defense - Labor, Invalids and Social Affairs - Finance provides guidelines for implementing certain regimes and policies for the Border Guard Forces as follows:

I. REGIME OF DUTY ALLOWANCE FOR MANAGEMENT AND PROTECTION OF BORDERS AND ISLANDS

1. Scope of application:

a) Officers, professional soldiers, defense civil servants, non-commissioned officers, and soldiers under the establishment of border guard posts.

b) Officers, professional soldiers, defense civil servants, non-commissioned officers, and soldiers from the Border Guard Force (not under the establishment of border guard posts) who are dispatched by competent authorities to perform reconnaissance, patrol, inspection, and mobilization tasks to protect national sovereignty.

2. Rate of Allowance

- For officers, professional soldiers, and defense civil servants, the allowance is calculated at a factor of 0.3 based on the minimum wage level prescribed by the Government applicable to state officials and civil servants;

- For non-commissioned officers and soldiers, the allowance is calculated at a factor of 0.3 based on the rank allowance for private second class.

3. Method of Payment

- Subjects specified in paragraph a, point 1, section 1 shall be paid together with their monthly salary and rank allowance. When leaving a border guard post at any time during the month (except on leave), they will cease to receive the border protection duty allowance from the following month.

- Subjects specified in paragraph b, point 1 shall receive the allowance based on the actual number of days performing tasks as determined by the competent authority within the Border Guard Force and shall be paid after each mission completion period.

Example 1: An officer assigned to a border guard post receives a monthly border protection duty allowance of 43,200 VND (144,000 VND x 0.3).

Example 2: A soldier assigned to a border guard post receives a monthly border protection duty allowance of 12,960 VND (43,200 VND x 0.3).

Example 3: An officer assigned to a mobile unit, who is dispatched to patrol three times in a month, each time for five days, totaling fifteen days, receives a monthly border protection duty allowance of 24,900 VND (144,000 VND x 0.3 x 15 days/26 days).

II. REGIME OF LONG-TERM SERVICE ALLOWANCE IN BORDERS AND ISLANDS

a) Cadres, civil servants, public officials, and workers as stipulated in Article 2 of Decree No. 178/2024/NĐ-CP dated December 31, 2024 (amended and supplemented by Decree No. 67/2025/NĐ-CP dated March 15, 2025) of the Government on policies and treatment for cadres, civil servants, public officials, workers, and armed forces personnel in the process of organizational restructuring of the political system, having a total mandatory social insurance contribution period of at least 15 years when working in heavy, hazardous, or dangerous jobs or extremely heavy, hazardous, or dangerous jobs listed by the agency under the Government responsible for labor administration, or working in areas with particularly difficult socio-economic conditions including time worked in places with regional allowances of coefficient 0.7 or higher before January 1, 2021, and reaching the retirement age as specified in Appendix II issued together with Decree No. 135/2020/NĐ-CP, ceasing work immediately due to direct impact from organizational restructuring and implementation of the two-level local government model;

Officers, professional soldiers, and defense civil servants in the Border Guard Force under the establishment of border guard posts and units stationed in the following areas:

- Highland communes along the border recognized as highland communes in border provinces according to current decisions of the Minister-Chairman of the Ethnic Minorities Commission;

- Remote islands located in Vietnam's territorial waters (excluding 13 islands: Cái Bầu, Đình Vũ, Cồn Đen, Cồn Lục, Cồn Vành, Đảo Ne, Đảo Ngư, Đảo Sơn Dương, Hòn La, Hòn Trem Bình Ba, Côn Đảo, Phú Quốc);

2. Rate of Allowance

- The long-term service allowance in highland border communes and islands is calculated based on the minimum wage level prescribed by the Government: From five years up to less than ten years, the rate is 0.2; from ten years up to less than fifteen years, the rate is 0.3; from fifteen years and above, the rate is 0.4.

- The time served for the long-term service allowance in highland border communes and remote islands is the total actual time served at border guard posts and units stationed in highland communes and remote islands, if interrupted, it is accumulated.

3. Method of Payment

- The long-term service allowance in borders and islands is paid together with the monthly salary.

- The long-term service allowance in borders and islands is only paid to subjects currently working in highland border communes and remote islands. If transferred to another unit not stationed in a highland border commune or remote island, they will cease to receive the allowance from the following month.

Example 1: An officer assigned to a border guard unit stationed in a highland commune from January 1990 to June 1998 (eight years) receives a monthly long-term service allowance in borders and islands of 28,800 VND (144,000 VND x 0.2).

Example 2: An officer has worked in the following locations:

From February 1988 to February 1990 (two years) in a border guard post stationed in a highland commune.

From March 1990 to March 1992 (two years) in a border guard post stationed on a remote island.

From April 1992 to April 1993 (one year) in the Border Guard Command of Lào Cai Province.

From May 1993 to June 1998 (five years) on Bai Long Vĩ Island (a remote island).

The time counted for the allowance is nine years (two years + two years + five years), the monthly allowance received is 28,800 VND (144,000 VND x 0.2).

Example 3: An officer has worked in the following locations:

From August 1978 to August 1985 (seven years) in a border guard unit stationed in a highland commune.

From September 1985 to September 1995 (ten years) in a border guard unit stationed in a highland commune.

From October 1995 to June 1998 in the Border Guard Command of Hà Giang Province.

Although this officer has served in highland border communes for seventeen years, he is now working in Hà Giang City, which is not a highland commune, so he does not receive the long-term service allowance in borders and islands.

III. SOCIAL BENEFITS REGIME

1. Officers, professional soldiers, defense civil servants, non-commissioned officers, and soldiers from the Border Guard Force performing duties to protect borders and islands in particularly difficult and harsh areas (as attached) who fall ill or suffer accidents (excluding cases caused by themselves or violating unit discipline) leading to death (including cases where they were transferred to a rear hospital and died) shall be recognized as martyrs or those disabled in labor capacity of 21% or more shall be recognized as wounded veterans or persons enjoying benefits similar to wounded veterans.

2. Officers, professional soldiers, non-commissioned officers, and soldiers performing duties to protect borders and islands in particularly difficult and harsh areas as mentioned above, for three years or more (in cases where less than three years, there must be ten years of military service, including police forces) if:

- They become ill or diseased and lose labor capacity of 61% or more upon discharge, they shall be recognized as disabled veterans.

- Being sick or ill due to a recurrence of a previous illness within less than one year after transferring to a different area (or being discharged from military service), where the previous illness was treated while stationed in a particularly difficult and harsh region, and the recurrence is documented with medical records showing a loss of working capacity of 61% or more, shall be recognized as a war invalid.

- The procedures for reviewing applications shall be carried out in accordance with Circular No. 22/LĐTBXH dated August 29, 1995, issued by the Ministry of Labor, Invalids, and Social Affairs, "Guidelines on Procedures for Establishing and Managing Files of Persons Contributing to the Revolution"; Circular No. 2285/QP-TT dated November 21, 1995, issued by the Ministry of Defense, and other joint circulars of relevant ministries "Guidelines for Implementing Preferential Treatment Regimes as stipulated in Decree No. 28/CP dated April 29, 1995, of the Government."

IV. REGIME WHEN MOVING A FAMILY TO SETTLE IN HIGHLANDS AND ISLANDS

Officers, professional soldiers, defense workers, and civil servants under the Border Guard who move their families to highlands or islands shall enjoy the same subsistence allowance regime as households moving to establish new economic zones or resettling on islands according to current regulations. The funding shall be sourced from the state budget's special-purpose fund for resettlement.

Units under the Border Guard that have beneficiaries of this subsistence allowance regime shall prepare budgets, request approval, pay out, and settle accounts with the Ministry of Defense.

 V. IMPLEMENTATION

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

The additional duty allowance for managing and protecting borders and islands, and the long-term service allowance at borders and islands mentioned in Points I and II of this Circular shall take effect from January 1, 1998.

During the implementation process, if there are any difficulties, units shall promptly report them to the Joint Board of the Ministry of National Defense - Ministry of Labor, Invalids, and Social Affairs - Ministry of Finance for resolution./.