Circular No. 213/2006/TT-BQP guiding the implementation of Decree No. 122/2006/NĐ-CP dated October 26, 2006 of the Government on the regime and policies for non-commissioned officers and conscripts serving in the military.

CIRCULAR

Guidelines for implementing Decree No. 122/2006/NĐ-CP dated October 26, 2006 of the Government on regulations and policies for non-commissioned officers and conscripts serving on active duty

Implementing Decree No. 122/2006/NĐ-CP dated October 26, 2006 of the Government detailing certain provisions of the Law Amending and Supplementing Certain Provisions of the Law on Military Service 2005 regarding the system of regulations and policies for non-commissioned officers and conscripts serving on active duty (hereinafter referred to as Decree No. 122/2006/NĐ-CP), the Ministry of National Defense provides guidelines for implementation as follows:

These Circulars provide guidance on certain regulations and policies for non-commissioned officers and conscripts serving on active duty, including: extended service allowance system; leave policy; policies to be enjoyed upon discharge; re-employment policies at agencies, organizations, economic entities under various economic sectors, returning to schools and training institutions where non-commissioned officers and conscripts were called to study before enlistment; employment policies for military personnel who cease to serve on active duty.

These Circulars apply to non-commissioned officers and conscripts implementing the active duty service system according to the Law Amending and Supplementing Certain Provisions of the Law on Military Service dated June 14, 2005.

I. SCOPE OF REGULATION AND APPLICABLE OBJECTS

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II. REGULATIONS AND BENEFITS TO BE ENJOYED

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OF NON-COMMISSIONED OFFICERS AND CONSCRIPTS

1. Extended service allowance system (as stipulated in Article 2 of Decree No. 122/2006/NĐ-CP).

1.1. Non-commissioned officers and conscripts serving a term of 18 months, whose extension of active duty service time is decided by the Minister of National Defense in accordance with the Military Service Law 2005, and non-commissioned officers and conscripts serving a term of 24 months, from the 19th month onwards each month they will enjoy the following:

Allowance received from the 19th month onwards = Current rank allowance + Extended service allowance (*)

* In which:

Extended service allowance = 200% x Current rank allowance

1.2. Non-commissioned officers and conscripts serving a term of 24 months, whose extension of active duty service time is decided by the Minister of National Defense in accordance with the Military Service Law 2005, from the 25th month onwards each month they will enjoy the following:

Allowance received from the 25th month onwards = Current rank allowance + Extended service allowance (*)

Extended service allowance = 250% x Current rank allowance

1.3. The extended service allowance from the 19th month and the 25th month onwards as stipulated in Point 1.1, Point 1.2 Clause 1 Section 2 of this Circular shall not apply to non-commissioned officers and conscripts awaiting transfer to professional military personnel, civil servants in defense; civil servants in defense; awaiting admission to military education, taking part in military recruitment exams; studying at educational institutions, schools within and outside the military and other cases.

1.2. Non-commissioned officers and conscripts serving a term of 24 months, whose extension of active duty service time is decided by the Minister of National Defense in accordance with the Military Service Law 2005, from the 25th month onwards each month they will enjoy the following:

2. Leave policy (as stipulated in Article 3 of Decree No. 122/2006/NĐ-CP).

2.1. Non-commissioned officers and conscripts serving on active duty from the second year onwards will take leave once a year, each leave period being 10 days (excluding travel time). Specifically, non-commissioned officers and conscripts who are students at academies, schools within and outside the military, with a study period of one year or more and having summer vacation between two academic years, the summer vacation time will be counted towards their annual leave.

Non-commissioned officers and conscripts who have taken leave according to the regulations, may also take special leave for up to 5 days in case of family hardship due to: death of father, mother, wife, child, family disaster or fire, or if non-commissioned officers and conscripts achieve outstanding results in performing tasks and are awarded leave according to the Regulations on Troop Management.

2.2. When taking leave, transportation costs for train and bus tickets and allowances for travel time are reimbursed according to current regulations. In cases where leave is not possible due to mission requirements despite meeting the criteria, leaders at the level of Regiment and equivalent or higher must review and decide to reimburse in cash. The daily reimbursement amount for not taking leave equals the daily food allowance of infantry non-commissioned officers and conscripts.

3. Benefits of non-commissioned officers and conscripts when discharged (as stipulated in Article 4 of Decree No. 122/2006/NĐ-CP):

3.1. Employment assistance: non-commissioned officers and conscripts with at least 18 months of active duty service will receive six months' salary based on the minimum wage applicable to officials, civil servants, public employees, and military personnel at the time of discharge.

3.2. One-time discharge allowance: for each full year of active duty service in the military (at least 12 months), non-commissioned officers and conscripts will receive an allowance equal to two months' salary based on the minimum wage applicable to officials, civil servants, public employees, and military personnel at the time of discharge.

One-time discharge allowance = Number of years of active duty service x 2 months' minimum wage

If there are fractional months:

3.2.1. Less than one month does not qualify for a discharge allowance;

3.2.2. From one month to less than six months qualifies for a discharge allowance equal to one month's minimum wage;

3.2.3. From six months to less than twelve months qualifies for a discharge allowance equal to two months' minimum wage.

Example 1: Comrade Nguyen Van An enlisted on October 2, 2005, as a Sergeant and Soldier, and was discharged on January 20, 2008.

Comrade Nguyen Van An's one-time discharge allowance is as follows:

- Number of years of active duty service (2 years) = 4 months' minimum wage

- Fractional months of active duty service (4 months) = 1/2 year = 1 month's minimum wage

Total = 5 months' minimum wage

3.3. Additional rank allowance:

3.3.1. Non-commissioned officers and conscripts serving a term of 24 months, upon discharge, will receive an additional two months' rank allowance. If discharged before the 24-month term, the service time from the 19th month to under 24 months will receive an additional one month's rank allowance.

3.3. Additional subsistence allowance for rank insignia:

3.3.1. Non-commissioned officers and enlisted personnel serving a two-year active duty period shall be entitled to an additional two months' subsistence allowance for their current rank insignia upon discharge. If discharged before completing the two-year term, the period of service from the nineteenth month up to less than twenty-four months shall entitle them to an additional one month's subsistence allowance for their current rank insignia.

3.3.2. Non-commissioned officers and soldiers who are required to serve for a period of 18 months and whose service time is extended by the Minister of National Defense in accordance with the Law on Military Service 2005 shall be entitled to an additional month of rank allowance when discharged.

3.4. The time served in active duty by non-commissioned officers and soldiers shall be counted as the contribution period for social insurance purposes to qualify for social insurance benefits.

3.4.1. If discharged back to their place of origin, the time worked at state agencies, organizations, or economic entities within various economic sectors shall be added to the time served in active duty to calculate the lump-sum discharge allowance from social insurance funds according to the Social Insurance Law, paid by the Social Insurance of the Military.

3.4.2. If discharged back to the original agency or other state agencies, organizations, or economic entities within various economic sectors and continue to contribute to social insurance, the previous time (if any), the time served in active duty shall be combined to form the basis for calculating future social insurance benefits.

Total contribution period for social insurance = Time contributed to social insurance outside the military + Time served in active duty + Time contributed to social insurance outside the military

3.5. The unit directly managing non-commissioned officers and soldiers upon discharge shall organize transportation means to send them back to their place of residence or provide travel expenses (ordinary class) and subsistence allowance during the journey home according to the current regulations.

3.6. The unit directly managing non-commissioned officers and soldiers upon discharge shall be allocated 5,000 VND per person per farewell meeting before their discharge.

3.7. Training, vocational training, and employment resolution upon discharge (implemented in accordance with Article 5 of Decree No. 122/2006/NĐ-CP).

III. IMPLEMENTATION

1. Extension of service allowance system, leave system for non-commissioned officers and soldiers, and other discharge benefits such as job creation allowance; one-time discharge allowance; additional rank allowance; travel expenses and subsistence allowance during the journey; annual budget allocation for farewell meetings are provided. Additionally, non-commissioned officers and soldiers upon discharge are entitled to allowances from social insurance funds according to the Social Insurance Law.

2. This Circular takes effect 15 days after its publication in the Official Gazette. The provisions and policies stipulated in this Circular shall be implemented from June 14, 2005. Previous regulations concerning non-commissioned officers and soldiers that conflict with the guidelines set forth in this Circular are hereby abolished.

Any difficulties encountered during implementation should be promptly reported to the Ministry of National Defense for review and resolution./.