Joint Circular No. 46/2005/TTLT-BQP-BKH&ĐT-BTC-MOLISA guiding certain provisions of Government Decree No. 184/2004/NĐ-CP dated November 2, 2004 detailing the implementation of the Militia and Self-Defense Force Law.

JOINT CIRCULAR

Guidelines for certain provisions of Decree No. 184/2004/NĐ-CPof the Government dated November 2, 2004

detailing the implementation of the People's Militia Self-Defense Ordinance

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To implement Decree No. 184/2004/NĐ-CP of the Government dated November 2, 2004 detailing the implementation of the People's Militia Self-Defense Ordinance (hereinafter referred to as Decree No. 184/2004/NĐ-CP);

The Ministry of National Defense, the Ministry of Planning and Investment, the Ministry of Finance, and the Ministry of Labor, Invalids, and Social Affairs provide guidance on implementing certain policies and benefits for the People's Militia Self-Defense force as follows:

I. APPLICABLE OBJECTS

1. Village teams, permanent standing militia units ready for combat in key defense and security communes.

2. Core cadres and militiamen.

3. Widespread militia self-defense forces mobilized to perform national defense and military tasks according to the orders of the competent authority as stipulated in Article 19 of Decree No. 184/2004/NĐ-CP (hereinafter referred to collectively as the competent authority).

II. WORKING LOCATIONS AND EQUIPMENT FOR VILLAGE TEAMS; MATERIALS TO ENSURE THE READINESS OF PERMANENT STANDING MILITIA UNITS

1. Working locations and necessary equipment for village teams as prescribed in Clause 2, Article 15 of the People's Militia Self-Defense Ordinance are specified as follows:

1.1. Village teams, Ward teams, Town teams belonging to districts (hereinafter referred to collectively as Village teams) shall have their own working location or headquarters.

1.2. Necessary minimum equipment for the work of Village teams includes: signboards, position nameplates, tables, chairs, boards, gun cabinets, paper, pens, raincoats, boots, flashlights, and other necessary items to carry out the tasks prescribed in Article 7 of the People's Militia Self-Defense Ordinance.

2. Resting places and materials to ensure the readiness of permanent standing militia units at key locations as prescribed in Point b, Clause 1, Article 24 of the People's Militia Self-Defense Ordinance include:

2.1. Resting places: dormitories, kitchens, sanitary facilities, electricity, and potable water systems.

2.2. Necessary equipment such as: rations, beds, desks and chairs sufficient for the number of personnel assigned, with a usage period of three years.

2.3. Audiovisual equipment (radio, television), with a usage period of three years; lighting equipment (electricity, lamps, fuel oil) sufficient to ensure daily life.

3. Based on the characteristics and actual requirements of each locality, Provincial teams directly under military regions (hereinafter referred to collectively as Provincial teams) shall develop plans to ensure working locations and equipment for village teams and materials for permanent standing militia units ready for combat, report to the Chairman of the provincial people's committee, municipal people's committee directly under the Central Government (hereinafter referred to collectively as the provincial level) for consideration and decision.

III. UNIFORMS FOR CORE CADRES AND MILITIAMEN

The uniforms for cadres and militiamen as prescribed in Article 23 of Decree No. 184/2004/NĐ-CP are specified as follows:

1. Standard:

1.1. Village team leaders, Political Commissars, Deputy Village Team Leaders, Military Commanders of state agencies, public institutions, economic organizations, political organizations, and political-social organizations (hereinafter referred to collectively as Military Commanders of state agencies and organizations) shall be provided with uniforms for use over five years, including: two sets of clothing, one pair of black low-cut leather shoes, two pairs of canvas shoes, two pairs of socks, one hard hat, one soft hat, two militia self-defense insignias.

1.2. Mobile cadres and militiamen shall be provided with uniforms for use over five years, including: two sets of clothing, two pairs of canvas shoes, two pairs of socks, one hard hat, one soft hat, two militia self-defense insignias.

1.3. Cadres and militiamen in permanent standing militia units ready for combat shall be provided with uniforms and common military attire, specifically as follows:

1.3.1. From six months to less than nine months, one set of clothing, one pair of canvas shoes, one pair of socks, one hard hat, one soft hat, one militia self-defense insignia.

1.3.2. From nine months to one year, two sets of clothing, two pairs of canvas shoes, two pairs of socks, one hard hat, one soft hat, one militia self-defense insignia, one piece of nylon raincoat.

1.3.3. Common military attire includes: quilts, mosquito nets, down jackets, with a usage period of five years; mats, with a usage period of one and a half years.

1.4. Other core cadres and militiamen shall be provided with uniforms for use over five years, including: one set of clothing, one pair of canvas shoes, one pair of socks, one hard hat, one soft hat, two militia self-defense insignias. In border and island areas where the terrain, weather, and working environment are harsh, Provincial teams shall develop plans and report to the Chairman of the provincial people's committee to provide an additional set of uniforms.

2. Quality of clothing and soft hats:

2.1. Clothing for Village team cadres and Military Commanders of state agencies and organizations shall be made from Vietnamese Kaki or Gabardin fabric.

2.2. Clothing for core cadres and militiamen shall be made from Vietnamese Kaki fabric.

2.3. Soft hats shall be made from Vietnamese Gabardin wool fabric.

3. Common military attire shall be managed and used by cadres and militiamen at their duty stations and must be returned after the completion of their duties. If lost or damaged, they must compensate with equivalent goods or money equal to the value of the goods at that time.

IV. MANAGEMENT RESPONSIBILITY ALLOWANCE FOR MILITIA SELF-DEFENSE CADRES

The management responsibility allowance for militia self-defense commanders (hereinafter referred to as the management responsibility allowance) as prescribed in Article 21 of Decree No. 184/2004/NĐ-CP is specified as follows:

1. Conditions for receiving the management responsibility allowance:

1.1. Having a decision to appoint to a command position in the militia self-defense unit by the competent authority as stipulated in Clause 1, Article 15 of Decree No. 184/2004/NĐ-CP;

1.2. Being evaluated by the immediate superior commander as having completed the assigned management and command responsibilities.

1.3. For Village team leaders who concurrently hold the position of group leader or squad leader or platoon leader in the local militia if the village organizes a squad or platoon of local militia, they shall receive the management responsibility allowance for Village team leaders; in cases where the village organizes a platoon of local militia, the squad leaders within the platoon of local militia shall receive the management responsibility allowance for squad leaders.

2. The level of duty allowance shall be implemented in accordance with Article 21 of Decree No. 184/2004/NĐ-CP.

3. Time for receiving duty allowance.:

3.1. The time for receiving duty allowance shall be calculated from the date when the People's Militia cadre has the decision to be elected and assumes the position until the date they cease holding that position. If they hold the position for 45 days or more in a quarter, they will receive the full quarter's duty allowance. If they hold the position for less than 45 days in a quarter, they will not receive the duty allowance for that quarter.

3.2. When there is a change in position for a People's Militia cadre who is currently holding a command position, if they hold the new position for 45 days or more in a quarter, they will receive the full quarter's duty allowance for the new position. If they hold the new position for less than 45 days in a quarter, they will receive the duty allowance for the old position for that quarter.

4. The duty allowance shall be paid once in the last month of the quarter by the People's Committee of communes, wards, towns (hereinafter referred to collectively as commune level) and state agencies, public institutions, economic organizations, political organizations, and social-political organizations (hereinafter referred to collectively as agencies and organizations) in accordance with the decision of the provincial People's Committee and central ministries and sectors.

V. SUBSIDY REGIME FOR PEOPLE'S MILITIA

When performing militia duties, they shall enjoy the subsidy regimes prescribed in Article 24 and 25 of the People's Militia Ordinance and Article 24 of Decree No. 184/2004/NĐ-CP, which are stipulated as follows:

1. For militia members:

1.1. They shall be entitled to labor day subsidies at a rate set by the provincial People's Committee but not lower than 0.04 times the minimum wage if they perform their duties during nighttime from 10 PM to 6 AM, which shall be counted double.

1.2. When performing duties away from their place of residence without the condition to return daily, the military authority at the relevant level shall issue a mobilization decision to arrange accommodation, provide transportation means, travel expenses, or reimburse train and bus fares for one trip going and coming back; they shall also be supported with meal allowances at a rate set by the provincial People's Committee.

1.3. Militia officers and soldiers during the time performing tasks according to the order of the competent authority for jobs listed in the heavy, hazardous, dangerous, and extremely heavy, hazardous, dangerous work categories shall enjoy the in-place subsistence allowance regime applied in accordance with Circular Joint No. 10/1999/TTLT-BLĐTBXH-BYT dated March 17, 1999, issued by the Ministry of Labor, Invalids and Social Affairs and the Ministry of Health guiding the implementation of the in-place subsistence allowance regime for workers operating under hazardous and harmful conditions.

2. For self-defense forces: Self-defense force officers and soldiers during training and performing tasks as stipulated in Items 1, 2, and 3 of Article 7 of the People's Militia Ordinance shall be paid their regular salary and welfare benefits, travel allowances, and hazardous and harmful subsidies by the agency or organization where they work in accordance with the current regulations.

3. Widespread people's militia mobilized to perform national defense, military tasks, and participate in rescue and disaster relief operations exceeding the annual compulsory labor service time shall be compensated for excess working days according to Item 1.1 of Section V of this Circular.

4. Militia officers and soldiers working under labor contracts at agencies and organizations during concentrated training and military tasks shall have their labor contracts temporarily suspended; after completing their tasks, they must return to their workplace, and the employer shall be responsible for arranging work for them in accordance with the contract.

VI. REGIME FOR ILLNESS AND DEATH OF MILITIA AND SELF-DEFENSE FORCES

The regime for illness and death of militia and self-defense forces who have not joined health insurance and social insurance as stipulated in Article 26 of the People's Militia Ordinance is specified as follows:

1. Conditions for entitlement: Militia and self-defense forces who fall ill or die during the performance of their duties, from the time they receive the assignment until the completion of the task.

In cases where illness or death results from alcohol intoxication or drug use and other substances that harm health, they shall not be entitled to this benefit.

2. Benefits Entitlement:

2.1. In case of illness: They shall be entitled to medical examination and treatment at nearby military and civilian healthcare facilities and hospitals, and the costs of medical examination and treatment shall be reimbursed as if they were insured under health insurance. During the period of treatment, they shall be provided with meal allowances at a rate set by the provincial People's Committee. The maximum duration for receiving medical expense reimbursement and meal allowances shall not exceed 15 days per year.

2.2. In case of death: The family shall be supported with funeral expenses equivalent to five months of the minimum wage.

3. The procedures and documents for illness subsidies shall be handled by the Militia Company managing the militia and self-defense force officers and soldiers, reported to the County Militia Team, City Militia Team, District Militia Team, and Provincial Militia Team (hereinafter referred to as County Militia Team) for the People's Committee of the county, city district, district, and provincial city directly under the province (hereinafter referred to as county level) to consider and issue a decision. The documents include:

3.1. Application for subsidy from the subject or their family (in case of death): If they are militia members, the application for subsidy must have the opinion of the Militia Company and confirmation from the commune-level People's Committee, along with a review report from the County Militia Team; if they are self-defense forces, the application for subsidy must have the opinion of the Military Command Board and confirmation from the head of the agency or organization, along with a review report from the superior military authority of the Military Command Board of the agency or organization.

3.2. Medical records, prescriptions, discharge papers, and receipts for various types of laboratory tests.

3.3. Death certificate (in case of death) issued by the healthcare facility where treatment was received.

4. The commune-level People's Committee, agencies, and organizations shall pay illness and death subsidies to militia and self-defense forces in accordance with the decision of the Chairman of the county-level People's Committee.

VII. SUBSIDY REGIME FOR INJURY OF MILITIA AND SELF-DEFENSE FORCES

1. People's militia who have not joined social insurance and suffer accidents as stipulated in Article 25 of Decree No. 184/2004/NĐ-CP are regulated as follows:

1.1 Subsidy for accidents caused by external factors during training or performing tasks (referred to as external cause subsidy, abbreviated as TCKQ).

1.1.1 Conditions for entitlement:

a) Suffering an accident during training or performing tasks at the workplace, including outside regular training hours, as required by the task;

b) Suffering an accident outside the workplace while performing tasks according to the order of the authorized commander.

c) Accidents occurring on the route from the place of residence to the training location, duty station, and from the training location, duty station back to the place of residence.

1.1.2. Benefits received:

a) Transportation costs for medical expenses during transportation, first aid, emergency treatment, and stable injury treatment until discharge (including recurrence) shall be reimbursed; the County Team shall introduce the injured person to the competent Medical Council for labor capacity assessment; food allowance at a level prescribed by the provincial People's Committee, with a maximum duration of 15 days.

b) If there is a reduction in labor capacity of 5% to 10%, a one-time allowance of at least 1.5 months of the minimum wage shall be provided; if the reduction exceeds 10% but is less than 81%, an additional 0.4 months of the minimum wage shall be added for each 1% increase in the reduction.

Calculation of Allowance: The calculation of the one-time allowance is based on the following formula or by referring to Table 1 attached to this Circular for calculating the allowance for militia accidents:

TCKQ = 1.5 + [(a - 10%) x 0.4];

Where:

- TCKQ: One-time allowance due to objective reasons resulting in a reduction in labor capacity of more than 10% (measured in months of the minimum wage);

- 1.5: Allowance when labor capacity is reduced by 5% to 10%;

- a: Percentage of reduction in labor capacity of the injured person;

- 0.4: Coefficient of allowance for each 1% increase in reduction of labor capacity.

c) If there is a reduction in labor capacity of 81% or more, or death, a one-time allowance of at least 30 months of the minimum wage shall be provided to the militia member or their family.

d) In case of death, in addition to the above allowance, the person handling the funeral shall receive a funeral allowance of 8 months of the minimum wage, and the family shall receive a support allowance of 5 months of the minimum wage.

1.2. Allowance for accidents caused by subjective reasons during training or duty (referred to as allowance for subjective reasons, abbreviated as TCCQ).

1.2.1. Conditions for receiving allowance:

a) Being involved in accidents as specified in Section VII, Article 1.1.1 of this Circular, but due to the direct fault of the militia member according to the accident investigation report.

b) Being involved in accidents associated with the performance of duties or where the cause of the accident cannot be determined and it occurs at the duty location.

1.2.2. Allowance system:

a) Receiving allowances and policies as stipulated in Section VII, Article 1.1.2, Point 1.1, Clause 1 of this Circular.

b) If there is a reduction in labor capacity of 5% to 10%, a one-time allowance of at least 0.6 months of the minimum wage shall be provided; if the reduction exceeds 10% but is less than 81%, the allowance will be 0.4 times the allowance for objective reasons corresponding to the percentage of reduction in labor capacity.

The calculation of the one-time allowance is based on the following formula or by referring to Table 1 attached to this Circular for calculating the allowance for militia accidents:

TCCQ = TCKQ x 0.4;

Where:

- TCCQ: One-time allowance due to subjective reasons resulting in a reduction in labor capacity of more than 10% (measured in months of the minimum wage);

- TCKQ: One-time allowance due to objective reasons;

- 0.4: Coefficient ratio of the allowance compared to the allowance for objective reasons corresponding to the percentage of reduction in labor capacity.

c) If there is a reduction in labor capacity of 81% or more, or death, a one-time allowance of at least 12 months of the minimum wage shall be provided to the militia member or their family.

d) In case of death, in addition to the above allowance, the person handling the funeral shall receive a funeral allowance of 5 months of the minimum wage, and the family shall receive a support allowance of 3 months of the minimum wage.

1.3. The allowance shall be granted once for each accident, and the allowance for each accident shall be implemented separately without cumulative benefits for previous accidents.

1.4. Militia members who suffer from physical disabilities or functional impairments, manifesting in various forms of disability that reduce their ability to function, making work, daily life, and study difficult, shall enjoy preferential benefits as prescribed in Decree No. 55/1999/NĐ-CP of the Government dated July 10, 1999 detailing the implementation of certain provisions of the Ordinance on Persons with Disabilities.

1.5. The application procedures and documents for accident allowances are handled by the County Team managing the militia members, reported to the Provincial Team for recommendation to the provincial People's Committee to issue a decision. The documents include:

1.5.1. Accident investigation report: Prepared by the Village Team of the Military Command Office or organization, or the police agency (if the accident occurs on the way to or from the destination); the report must be detailed as prescribed in Point b, Clause 2, Article 25 of Decree No. 184/2004/NĐ-CP.

1.5.2. Assessment report of the competent Medical Council.

1.5.3. Death certificate issued by the county People's Committee (if deceased).

1.5.4. Assessment report of the County Team; recommendation letter of the Provincial Team.

1.6. The People's Committee of the commune, organization, or entity shall pay the accident allowance to the militia member, funeral money, and support allowance to the militia member's family according to the decision of the provincial People's Committee.

2. Militia members participating in social insurance when they are injured shall receive a one-time or monthly allowance according to the Social Insurance Regulations promulgated by Decision No. 12/CP dated January 26, 1995 of the Government and paid by the Social Insurance Fund.

VIII. POLICY REGIME FOR INJURED AND DECEASED MILITIA MEMBERS

The policy regime for injured and deceased militia members as stipulated in Article 26 of Decree No. 184/2004/NĐ-CP is specified as follows:

1. For injured militia members.

1.1. Conditions for militia members to be recognized as beneficiaries of policies similar to those for war invalids:

1.1.1. Militia officers and soldiers who demonstrate bravery in combat or directly serving in combat and are injured.

1.1.2. Militia officers and soldiers who demonstrate bravery while performing duties as prescribed in Articles 1, 2, and 3 of Article 7 of the Militia Self-Defense Law and are injured.

1.2. Documents for recognizing beneficiaries of policies similar to those for war invalids:

1.2.1. Certificate of injury (issued by the authority responsible for issuing death certificates).

1.2.2. Discharge certificate after treatment.

1.2.3. Disability assessment report by the competent Medical Council.

1.2.4. Decision on allowance, certificate issuance form, and disability allowance.

1.2.5: Decision assigning tasks by the competent authority.

第1至25行：已翻译完成。

第26至32行：待翻译。

1.4. Resolution of rights and benefits for persons entitled to benefits similar to those granted to war invalids.

1.4.1. The Provincial Department of Labor, Invalids, and Social Welfare shall receive the file, conduct an assessment, and resolve rights and benefits according to the following regulations:

a) For individuals with disabilities ranging from 20% or less, the Director of the Provincial Department of Labor, Invalids, and Social Welfare shall issue a one-time allowance decision, the amount of which is stipulated in Article 31 of Decree No. 28/CP dated April 29, 1995 detailing and guiding the implementation of certain provisions of the Ordinance on Preferential Treatment for Persons Engaged in Revolutionary Activities, Martyrs, and Their Families, War Invalids, Veterans, and Those Who Have Contributed to the Revolution (hereinafter referred to as Decree No. 28/CP).

b) For individuals with disabilities ranging from 21% or more, the Director of the Provincial Department of Labor, Invalids, and Social Welfare shall issue a decision: Granting a certificate for persons entitled to benefits similar to those granted to war invalids; granting disability allowances; issuing a certificate for disability allowances.

1.4.2. One-time disability allowances and monthly disability allowances for persons entitled to benefits similar to those granted to war invalids shall be calculated from the date when the competent medical council concludes the disability status in accordance with Article 29 of Decree No. 28/CP.

1.4.3. After completing the procedures for resolving rights and benefits, the Provincial Department of Labor, Invalids, and Social Welfare shall transfer the file to the Ministry of Labor, Invalids, and Social Welfare (Department of War Invalids and Martyrs and Those Who Have Contributed to the Revolution) for registration, cross-checking, and archiving. The file will then be returned to the Provincial Department of Labor, Invalids, and Social Welfare for management and resolution of rights and benefits.

2. Benefits and policies for self-defense militia members who have died.

2.1. Conditions for self-defense militia members to be recognized as martyrs:

2.1.1. Cadres and soldiers of the self-defense militia who demonstrate bravery in combat and are directly involved in combat operations and are killed.

2.1.2. Cadres and soldiers of the self-defense militia who demonstrate bravery while performing duties as specified in Clause 1, 2, and 8 of Article 7 of the Self-Defense Militia Law and are killed.

2.2. Files for recognizing martyrs include:

2.2.1. Death certificates and authority to sign death certificates

a) The Chairman of the People's Committee at the district level signs the death certificate for self-defense militia members under the jurisdiction of the district.

b) The head of the Bureau, Department, Institute, General Company, and equivalent organizations signs the death certificate for self-defense militia members under the jurisdiction of agencies and organizations directly subordinate to central ministries and sectors.

c) The head of provincial departments, bureaus, and equivalent organizations signs the death certificate for self-defense militia members under the jurisdiction of provincial-level agencies and organizations.

d) In cases where self-defense militia members cooperate with regular troops, the head of the unit at the regiment level or higher signs the death certificate.

2.2.2. Certificate of the situation of the martyr's family issued by the People's Committee at the commune level.

2.2.3. Decision on allowances, certificate issuance forms, and allowances.

2.2.4. Record of the incident if the death occurs in the circumstances specified in Subparagraph 2.1.2, Point 2.1, Clause 2, Section VIII of this Circular, shall be prepared by the Commune Militia, the Military Command of the agency, or organization.

2.3. Authority to establish martyr files:

2.3.1. For cases specified in Subparagraph a, Clause 2.2.1, Point 2.2, Clause 2, Section VIII of this Circular, the Department of Civil Affairs - Labor, Invalids, and Social Welfare shall prepare the file, transfer it to the Provincial Department of Labor, Invalids, and Social Welfare, and the Ministry of Labor, Invalids, and Social Welfare for policy resolution according to current regulations. At the same time, register and manage the list of martyrs and their families; the People's Committee at the district level shall take the lead and coordinate with relevant departments, sectors, and organizations at the same level to guide communes in organizing funeral ceremonies and resolving all rights and benefits for the families of martyrs.

2.3.2. For cases specified in Subparagraphs b, c, and d, Clause 2.2.1, Point 2.2, Clause 2, Section VIII of this Circular, the agency or unit managing the self-defense militia shall prepare the file and transfer it to the Provincial Department of Labor, Invalids, and Social Welfare and the Ministry of Labor, Invalids, and Social Welfare for policy resolution according to current regulations.

3. One-time disability allowances and monthly disability allowances for persons entitled to benefits similar to those granted to war invalids, and pensions for the families of deceased self-defense militia members shall be implemented by the People's Committee at the commune level, agencies, and organizations based on decisions made by the People's Committee at the provincial level.

IX. BUDGET TO ENSURE BENEFITS AND POLICIES

1. The state budget ensures benefits and policies for the self-defense militia work according to the分级任务如下：

Annually, the Military Command of agencies and organizations shall prepare the budget for the self-defense militia work and report to the leadership of Ministries and sectors for consideration and consolidation into their respective annual budgets to be reported to competent authorities in accordance with the State Budget Law.

The Village Militia, District Militia, and Provincial Militia shall prepare the budget for the self-defense militia work at the local level and report to the directly superior military authority and the same-level People's Committee for consideration and consolidation into their respective annual budgets to be reported to competent authorities in accordance with the State Budget Law.

The establishment, implementation, and settlement of the budget shall be carried out in accordance with Decree No. 10/2004/NĐ-CP dated January 7, 2004 of the Government on management and use of the state budget and assets for certain activities in the defense and security fields, and Circular Joint No. 28/2004/TTLT-BTC-BQP dated March 26, 2004 of the Ministry of Finance and the Ministry of National Defense guiding the preparation, implementation, settlement of the state budget, and management of state assets for certain activities in the defense field.

2. The funds ensuring the self-defense work of enterprises of all economic components shall be included in enterprise management costs.

X. IMPLEMENTATION ORGANIZATION

1. This Circular shall take effect fifteen days after its publication in the Official Gazette and shall replace Circular Jointly Issued No. 473/TTLB dated March 10, 1997, by the Ministry of National Defense, the Ministry of Finance, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Health on regulations and policies and the assurance of funding for the People's Militia and Self-Defense Force. The policies and regulations stipulated in this Circular shall apply from January 1, 2005.

2. During implementation, if there are any difficulties, the relevant ministries, sectors, localities, agencies, and organizations are requested to promptly report them to the joint ministry for resolution./.