JOINT CIRCULAR No. 2076/TTLT-BQP-BLDTBXH-BTC GUIDING THE IMPLEMENTATION OF CERTAIN WELFARE POLICIES FOR BORDER GUARD UNITS

CIRCULAR

JOINT CIRCULAR OF THE MINISTRY OF NATIONAL DEFENSE, THE MINISTRY OF LABOR, INVALIDS AND SOCIAL AFFAIRS, THE MINISTRY OF FINANCE DECREE NO. 2076/1998/TT-LT-BQP-BLDTBXH-BTC OF JULY 8, 1998 GUIDING THE IMPLEMENTATION OF CERTAIN REGIMES AND POLICIES FOR THE BORDER GUARD FORCES

SOCIAL, MINISTRY OF FINANCE DECREE JOINTLY ISSUED 2076/1998/TT-LT-BQP-BLDTBXH-BTC

JULY 8, 1998 GUIDELINES FOR IMPLEMENTING CERTAIN REGIMES

POLICIES FOR THE BORDER GUARD CORPS

Implementing Decree No. 02/1998/NĐ-CP dated January 6, 1998 of the Government detailing the implementation of 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 ADDITIONAL ALLOWANCE FOR RESPONSIBILITY IN MANAGING AND PROTECTING THE BORDER AND ISLANDS

1. Scope of application:

a- Officers, professional soldiers, defense workers, non-commissioned officers, and soldiers under the establishment of border posts.

b- Officers, professional soldiers, defense workers, non-commissioned officers, and soldiers belonging to the Border Guard Forces (not under the establishment of border posts) who are assigned by competent authorities to perform reconnaissance, patrol, inspection, and mobilization tasks to protect national sovereignty at the border.

2- Level 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

- The subjects specified in paragraph a, point 1, item 1 are paid together with their monthly salary and rank allowance. When leaving a border post at any time during the month (except for leave), they will cease to receive the border protection allowance from the following month.

- The subjects specified in paragraph b, point 1 are entitled to the allowance based on the actual number of days performing tasks as decided by the competent authority within the Border Guard Forces and are paid after each mission completion.

Example 1: An officer under the establishment of a border post receives a monthly responsibility allowance for border and island protection of 43,200 VND (144,000 VND x 0.3).

Example 2: A soldier under the establishment of a border post receives a monthly responsibility allowance for border and island protection of 12,960 VND (43,200 VND x 0.3).

Example 3: An officer under the establishment of a mobile unit, who was dispatched for three patrols in a month, each lasting five days, totaling fifteen days, receives a responsibility allowance for border and island protection of 24,900 VND (144,000 VND x 0.3 x 15 days/26 days).

II- REGIME OF LONG-TERM SERVICE ALLOWANCE AT THE BORDER AND ISLANDS

1- Applicable subjects

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- Level of allowance

- The long-term service allowance in highland border communes and islands is calculated based on the minimum wage stipulated by the Government: Those with five to less than ten years of service receive a coefficient of 0.2; those with ten to less than fifteen years receive a coefficient of 0.3; and those with fifteen years or more receive a coefficient of 0.4.

- The period of service counted for the long-term service allowance in highland border communes and islands is the total actual working time at the post, border units stationed in highland communes, and remote islands, which can be accumulated even if interrupted.

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 at the border and islands is only paid to those currently working in highland border communes and remote islands. If reassigned to another unit not located in such areas, they will cease to receive the allowance from the following month.

Example 1: An officer under the establishment of a border unit stationed in a highland commune from January 1990 to June 1998 (eight years) receives a monthly long-term service allowance at the border 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 as follows:

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 worked in a highland border commune for seventeen years, he is now working in Ha Giang City, which is not considered a highland commune, so he does not receive the long-term service allowance at the border and islands.

III- SOCIAL PRIVILEGE REGIME

1- Officers, professional soldiers, defense workers, non-commissioned officers, and soldiers of the Border Guard Forces while performing border and island protection duties in particularly difficult and harsh areas (as attached) if they fall ill or suffer accidents (excluding cases caused by themselves or due to disciplinary violations) leading to death (including cases transferred to lower-level hospitals for treatment and then dying) shall be recognized as martyrs or disabled with a disability rate of 21% or higher shall be recognized as war invalids or persons enjoying benefits equivalent to war invalids.

2- Officers, professional soldiers, non-commissioned officers, and soldiers performing border and island protection duties 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.

- They fall ill or suffer from diseases and then move to another area (or discharge from service) within less than one year and suffer from illness due to the recurrence of old diseases (with medical records of treatment when in particularly difficult and harsh areas attached to the medical records of recurrence at hospitals) resulting in a disability rate of 61% or higher shall be recognized as war invalids.

- The procedures and files for review shall be implemented according to Circular No. 22/LĐTBXH dated August 29, 1995 of 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 of the Ministry of National Defense and other joint circulars "Guidelines for Implementing Social Privileges as stipulated in Decree No. 28/CP dated April 29, 1995 of the Government."

IV- REGIME WHEN MOVING FAMILY TO SETTLE IN HIGHLANDS AND ISLANDS

Officers, professional soldiers, and defense workers of the Border Guard Forces moving their families to highlands and islands shall enjoy the same subsistence allowance as households building new economic zones or migrating to islands according to current regulations. Funding shall be provided from the state budget's resettlement fund.

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, any difficulties should be promptly reported to the Joint Ministry of National Defense - Labor, Invalids, and Social Affairs - Finance for resolution.

LIST

DIFFICULT AND HARSH AREAS APPLICABLE TO THE BORDER GUARD FORCES FOR SOCIAL PRIVILEGES
(Annexed to Circular No. 2076/1998/LB-TT dated July 8, 1998 of the Ministry of National Defense - Labor, Invalids, and Social Affairs - Finance)