Circular No. 219/2013/TT-BQP guiding the implementation of regulations and policies for persons temporarily suspended from work and persons under temporary detention or arrest managed by the Ministry of National Defense to serve investigative, prosecution, and trial activities.

CIRCULAR

Guidelines for implementing regulations and policies for individuals temporarily suspended from work, individuals under temporary detention or arrest under the management of the Ministry of National Defense to serve investigative, prosecution, and trial activities

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Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013, issued by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Pursuant to Decree No. 89/1998/NĐ-CP dated November 7, 1998 of the Government promulgating the Regulations on Temporary Detention and Arrest;

Pursuant to Decree No. 09/2011/NĐ-CP dated January 25, 2011 of the Government amending and supplementing the food allowance and medical examination and treatment policy for individuals under temporary detention or arrest as stipulated in Article 26 and Article 28 of the Regulations on Temporary Detention and Arrest issued together with Decree No. 89/1998/NĐ-CP dated November 7, 1998 of the Government;

Pursuant to Decree No. 34/2011/NĐ-CP dated May 17, 2011 of the Government regulating disciplinary measures against civil servants;

Pursuant to Decree No. 27/2012/NĐ-CP dated April 6, 2012 of the Government regulating disciplinary measures against public officials and the responsibility for compensation and repayment of public officials;

Considering the proposal of the Director of the Finance Department of the Ministry of National Defense;

The Minister of National Defense issues guidelines for implementing regulations and policies for individuals temporarily suspended from work, individuals under temporary detention or arrest under the management of the Ministry of National Defense to serve investigative, prosecution, and trial activities as follows:

Article 1. Scope of Regulation

These Circulars provide guidelines for implementing regulations and policies for individuals temporarily suspended from work, individuals under temporary detention or arrest under the management of the Ministry of National Defense to serve investigative, prosecution, and trial activities.

Article 2. Applicability

Individuals temporarily suspended from work, individuals under temporary detention or arrest under the management of the Ministry of National Defense to serve investigative, prosecution, and trial activities.

Article 3. Benefits and Policies Enjoyed

1. Food Allowance

Regardless of rank or position; military personnel or civilians when under temporary detention or arrest at prisons, detention centers, or temporary holding facilities managed by the Ministry of National Defense shall enjoy regular food allowances; food allowances on holidays and festivals, and rice price subsidies according to the regulations of the Ministry of National Defense (currently Circular No. 80/2013/TT-BQP dated June 28, 2013 of the Ministry of National Defense stipulates the standards, quantities, and meal money for individuals under temporary detention or arrest, prisoners in prisons, detention centers, and temporary holding facilities managed by the Ministry of National Defense).

2. Salary and Subsidies

a) For individuals temporarily suspended from work, individuals under temporary detention or arrest under the management of the Ministry of National Defense to serve investigative, prosecution, and trial activities, during the period of suspension from work or detention, the directly managing agency shall temporarily pay 50% of the salary of the previous month, including: the rank-based salary level or grade, plus leadership position subsidy, seniority subsidy exceeding the ceiling, occupational seniority subsidy, and salary retention coefficient (if applicable) or 50% of the previous month's military rank subsidy if they are receiving military rank subsidy.

b) In cases where individuals temporarily suspended from work, individuals under temporary detention or arrest are not subject to disciplinary action or are found to be innocent or wrongfully accused and returned to their units, the directly managing agency shall settle as follows:

- For those receiving salaries: They will be settled for monthly salaries, including the rank-based salary level or grade, plus leadership position subsidy, seniority subsidy exceeding the ceiling, occupational seniority subsidy, and salary retention coefficient (if applicable), minus the amount already temporarily paid and food standards during the period of detention (if applicable).

- For those receiving military rank subsidies: They will be entitled to claim 50% of the remaining military rank subsidy and the difference between the basic infantry meal allowance and the meal allowance received during the period of detention.

c) In cases where individuals temporarily suspended from work, individuals under temporary detention or arrest are subject to disciplinary action or are convicted by the court, they are not required to repay the temporarily paid salary or military rank subsidy according to Point a Clause 2 of this Article, but they also cannot claim 50% of the remaining salary or military rank subsidy during the period of detention (this amount will be reported for collection according to the regulations).

Article 4. Funding Assurance

1. The funding to ensure the food allowance stipulated in Clause 1 Article 3 of these Circulars shall be recorded under Category 460, Item 463, Section 7000, Subsection 7011, Detail Item 00, Sector 41 "Costs for Prisoner and Detainee Feeding" within the budget allocated for administrative management activities.

2. The funding to ensure the salary and subsidies stipulated in Clause 2 Article 3 of these Circulars shall be implemented according to the current regulations.

Article 5. Effective Date

1. These Circulars take effect from February 4, 2014, and revoke Clause 1 and Clause 4 of Part II of Regulation No. 2203/QP dated November 25, 1994 of the Minister of National Defense on the management and implementation of regulations and policies for the detention and rehabilitation of prisoners in the military.

2. The regulations stipulated in these Circulars shall be implemented from January 1, 2014.

Article 6. Responsibility for Implementation

1. The Director of the Finance Department and the Director of the Criminal Investigation Department of the Ministry of National Defense are responsible for organizing the implementation of these Circulars.

2. Commanders of relevant agencies and units are responsible for enforcing these Circulars.