Decree No. 79/2020/NĐ-CP stipulates the system of regulations and policies in the construction and mobilization of reserve forces.

DECREE

Regulations on benefits and policies for the construction and mobilization of reserve forces as issued by the Government

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On the basis of Law on Government Organization dated June 19, 2015;

On the basis of Law on Reserve Forces November 26, 2019;

"Based on the proposal of the Minister of National Defense;"

The Government promulgates this Decree stipulating the system and policies for building and mobilizing reserve forces.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates allowances for reservists assigned to reserve units; management responsibility allowances for reserve units; daily working allowances; medical examination and treatment regimes; accident compensation, death due to accidents or illness compensation; compensation for reservist families; policies for reserve officer trainees; and mourning arrangements for deceased reserve officers.

Article 2. Applicability

1. Reserve military personnel already assigned to reserve mobilization units; reserve military personnel appointed to command positions in reserve mobilization units.

2. Reservists during concentrated training periods (training, reclassification, promotion, supplementary training), exercises, readiness inspections for mobilization and combat preparedness, and mobilization before total mobilization or partial mobilization; reserve officer trainees.

3. Families of reserve military personnel as specified in Clause 2 of this Article and families of first-class reserve non-commissioned officers during reserve officer training.

4. Agencies, organizations, and individuals related.

Chapter II

REGULATIONS AND POLICIES FOR BUILDING AND MOBILIZING RESERVE FORCES

Article 3. Allowances for reserve military personnel already assigned to reserve mobilization units; reserve military personnel appointed to command positions in reserve mobilization units

1. Allowance for reserve military personnel already assigned to reserve mobilization units

a) A monthly allowance of 160,000 VND for reserve officers already assigned to reserve mobilization units.

b) An annual allowance of 320,000 VND for reserve professional military personnel; reserve non-commissioned officers and soldiers already assigned to reserve mobilization units.

2. Responsibility management allowance for reserve mobilization units

Reserve military personnel appointed to command positions in reserve mobilization units at the platoon level and above shall enjoy the following allowances:

a) A quarterly allowance of 480,000 VND for Platoon Leaders, Battery Leaders, and equivalent positions.

b) A quarterly allowance of 560,000 VND for Company Leaders, and equivalent positions.

c) A quarterly allowance of 640,000 VND for Deputy Battalion Leaders, Deputy Political Officers of Battalions, and equivalent positions.

d) A quarterly allowance of 720,000 VND for Battalion Leaders, Political Officers of Battalions, and equivalent positions.

đ) A quarterly allowance of 800,000 VND for Deputy Regiment Leaders, Deputy Political Commissars of Regiments, and equivalent positions.

e) A quarterly allowance of 880,000 VND for Regiment Leaders, Political Commissars of Regiments, and equivalent positions.

g) A quarterly allowance of 960,000 VND for Deputy Brigade Leaders, Deputy Political Commissars of Brigades, and equivalent positions.

h) A quarterly allowance of 1,040,000 VND for Brigade Leaders, Political Commissars of Brigades, and equivalent positions.

3. Conditions and duration of allowance receipt

a) The subjects specified in point a, Clause 1 of this Article who have been assigned to reserve units for at least 15 days in a month shall be entitled to allowances for that month; those with less than 15 days shall not be entitled to allowances for that month.

b) The subjects specified in point b, Clause 1 of this Article who have been continuously assigned to reserve units for at least six months in a year shall be entitled to allowances for that year; those with less than six months shall not be entitled to allowances for that year.

c) The subjects specified in Clause 2 of this Article, who fulfill the responsibility of managing reserve units and have at least 45 days in a quarter, shall be entitled to allowances for that quarter. In a quarter, if a reservist is appointed to a new position, they will be entitled to allowances according to their new position from the following quarter.

The period for entitlement to allowances for the subjects specified in Clause 1 and Clause 2 of this Article is the time when reservists are assigned to reserve units; reservists appointed to command positions in reserve units.

đ) Objects receiving allowances as specified in Clause 2 of this Article shall cease to receive allowances as specified in Clause 1 of this Article.

4. Payment organization

The Military Command Board of the district organizes the payment of allowances to the subjects specified in this Article.

Article 4. Allowance According to Days of Work

Reservists specified in Clause 2, Article 2 of this Decree who are not currently employed, studying, or working in agencies and organizations and receiving salaries from the state budget shall be entitled to daily working allowances as stipulated in point b, Clause 1, Article 30 of the Law on Reserve Forces (referred to as the Law) and shall be implemented as follows:

1. For reserve officers and reserve professional soldiers, the daily allowance is calculated based on the current monthly basic salary of officers with the same rank or professional soldiers with the same grade while serving, divided by 26 days.

2. For reserve non-commissioned officers and soldiers, the daily working allowance is calculated based on the insignia allowance of non-commissioned officers and soldiers while serving with the same rank (excluding insignia allowance for extended service). If the concentrated training period is from five to fifteen days, half a month's allowance is granted; if it is from sixteen to thirty-one days, a full month's allowance is granted; if it exceeds thirty-one days, the allowance continues to be granted according to the initial regulations.

3. The subjects specified in Clause 1 and Clause 2 of this Article who are ill or injured and seek medical treatment shall be entitled to daily working allowances for the time spent seeking medical treatment but not exceeding the concentrated training period.

4. The unit directly organizing training, exercises, readiness inspection for mobilization, combat readiness, and mobilization shall pay the benefits to the subjects specified in Clauses 1 and 2 of this Article.

Article 5. Subsidies for Families of Reservists

Families of reservists specified in Clause 3, Article 2 of this Decree shall be entitled to compensation as follows:

1. Level of subsidy

a) A subsidy level of VND 160,000/day applies to families of reservists who are currently employed, studying, working in agencies, organizations, and receiving salaries from the state budget.

b) A subsidy level of VND 240,000/day applies to families of reservists who do not belong to the category specified in Point a of this Clause.

c) In cases where reservists are ill or injured and seek medical treatment, their families shall be entitled to compensation but not exceeding the concentrated training period.

2. Implementation Organization:

After the completion of the concentrated training period, the unit directly responsible for training, exercises, readiness inspections for mobilization and combat preparedness, and mobilization shall prepare a list of reservists; confirm the number of days of concentrated training; the level of family compensation for reservists, and send it to the Military Command Board of the district where the reservists were called for concentrated training to pay compensation to the families of reservists.

Article 6. Medical Examination and Treatment System; Accident Subsidy; Subsidy for Death Due to Accidents or Illness

Reservists who are not covered by social insurance and health insurance as stipulated in Clause 6, Article 30 of the Law during concentrated training, exercises, readiness inspections for mobilization and combat preparedness, and mobilization before total mobilization or partial mobilization, if they fall ill, suffer an accident, or die, shall be handled as follows:

1. Medical Examination and Treatment System

They can receive medical examinations and treatments at military and civilian medical facilities; medical expenses, hospitalization fees, and food costs will be reimbursed according to invoices (if hospitalized); if treatment continues beyond the concentrated training period, medical expenses and food costs will be reimbursed for up to fifteen days.

2. Accident Subsidy System

a) Conditions for Entitlement to Subsidy

If reservists suffer an accident, they will be examined and assessed by a provincial Medical Appraisal Board or higher, and if the degree of work capacity reduction is 5% or more, they will be entitled to compensation under the following circumstances: On the way from home to the training location or back home after training; during working hours and at the workplace; outside working hours and outside the workplace when performing tasks required by authorized commanders.

b) Level of Subsidy

A reduction in work capacity of 5% entitles them to a one-time subsidy of VND 8,000,000; for each additional 1%, they will receive an additional VND 800,000.

3. Subsidy System for Cases of Death Due to Accidents or Illness

a) Death due to accident, the family will receive a one-time subsidy of VND 57,600,000; relatives or the person organizing the funeral will receive funeral expenses of VND 16,000,000.

b) Death due to illness or accidental risk, the family will receive a one-time subsidy of VND 4,800,000; relatives or the person organizing the funeral will receive funeral expenses of VND 16,000,000.

4. Regulations and Policies stipulated in Clauses 1, 2, and 3 of this Article shall not apply to reservists who fall ill, suffer accidents, or die due to any of the following reasons:

a) Caused by personal conflicts with the person causing the accident unrelated to the performance of work or duties of the unit.

b) Caused by intentional self-harm; alcohol intoxication; violation of military discipline or national laws.

c) Caused by the use of narcotics, addictive substances, psychotropic drugs, narcotic drugs, or psychotropic drugs contrary to legal provisions.

5. Responsibility for Implementation

The unit directly responsible for training, exercises, readiness inspections for mobilization and combat preparedness, and mobilization has the responsibility to settle all expenses and contents ensuring the policies stipulated in Clause 1, Clause 2, and Clause 3 of this Article for reservists and their families.

Article 7. Regulations and policies for reserve officer trainees; visiting regulations for deceased reserve officers

1. Salary and allowances

a) Civil servants, officials, non-commissioned officers who are currently employed, studying, or working in agencies and organizations and receiving salaries from the state budget, during the period of reserve officer training, shall continue to receive their full salary and allowances, subsidies, travel allowances, and transportation costs according to current regulations from their employing agency or organization.

b) Professional soldiers who are transferred from active service to be assigned for reserve officer training shall receive their full salary and allowances, subsidies, travel expenses, and travel allowances during the training period as if they were active-duty professional soldiers.

c) Non-commissioned officers preparing to leave active service who are assigned for reserve officer training shall receive allowances and benefits during the training period as if they were active-duty non-commissioned officers and soldiers leaving active service; upon completion of the reserve officer training, they will be discharged from service.

d) Reserve non-commissioned officers who do not receive salaries from the state budget, during the reserve officer training period, shall receive monthly allowances equivalent to the rank-based allowances of active-duty non-commissioned officers with the same rank for the first two years.

đ) Graduates of bachelor's degree or higher who do not receive salaries from the state budget; students graduating from bachelor's degree programs, during the reserve officer training period, shall receive monthly allowances equivalent to the rank-based allowances of senior corporals.

e) The subjects specified in points d and đ of this clause shall be reimbursed for travel expenses and travel allowances as if they were active-duty military personnel; the time for receiving rank-based allowances is the training period for each subject.

g) Upon graduation from reserve officer training, trainees, in addition to their current salary and allowances, shall receive an additional month's salary based on the rank of reserve officer conferred (excluding deductions for meals, rank-based allowances, social insurance, and health insurance for that month).

2. Food Allowance

Subjects assigned for reserve officer training shall have their meals covered by the training institution as if they were training for platoon-level officers. In cases of hospitalization due to illness during the training period, they shall be reimbursed for medical meal expenses, but if they are still ill after the training period ends, they shall be reimbursed for medical meal expenses for up to a maximum of 15 days.

3. Uniforms and Living Supplies

a) First-class reserve non-commissioned officers; civilian officials, civil servants, and employees outside the military who receive salaries from the state budget; graduates of bachelor's degree or higher who do not receive salaries from the state budget, and students graduating from bachelor's degree programs, during the reserve officer training period, shall be provided or lent uniforms and living supplies.

b) Professional soldiers who have been discharged, non-commissioned officers preparing to be discharged, during the reserve officer training period, shall receive uniforms and living supplies as if they were active-duty professional soldiers and non-commissioned officers.

4. Leave and Postponement of Reserve Officer Training for Cadres and Civil Servants Working Outside the Military

a) If a cadre or civil servant is on annual leave when called for reserve officer training, the remaining leave days may be taken after completing the reserve officer training or at a suitable time.

b) In cases where the concentrated training period for reserve officer training overlaps with the period for upgrading ranks, or the end-of-course examination for part-time vocational courses (with certification from the workplace), the call for reserve officer training can be postponed for that period.

5. Social Insurance and Health Insurance

Trainees undergoing reserve officer training for three months or more who have not participated in social insurance or health insurance, during the training period, shall have their health insurance paid by the training institution; the contribution and benefit levels for health insurance shall be implemented as if they were active-duty non-commissioned officers.

6. Illness, Accidents, or Death

The subjects specified in Clause 5 of this Article, if they suffer accidents, death due to accidents, or death due to illness or unexpected accidents, shall be handled according to the provisions of Clauses 2, 3, and 5 of Article 6 of this Decree.

7. Participation in Recruitment Examinations for Cadres, Civil Servants, and Public Officials

Subjects selected for reserve officer training who have received notification of civil servant recruitment exams, rank promotion exams for civil servants, or job title grade promotion exams for public servants, may take leave to participate in the exams, with the leave duration not exceeding seven days within the course; their exam results will be preserved until they complete the reserve officer training course.

8. Visiting Regulations for Deceased Reserve Officers

If a reserve officer serving at the reserve level in a local area passes away, the Military Command Board of the district and the Military Command Board of the commune shall organize a condolence delegation, with a total amount of VND 1,600,000 per case.

Article 8. Documents, responsibilities, procedures for handling accident allowances and death allowances due to accidents or illness

1. Documents for requesting accident assessment and receiving accident allowance; documents for receiving death allowance due to accidents or death due to illness or accidental risks

a) Accident assessment request documents

A letter of introduction from the direct training unit for reserve mobilization at the regiment level or the reserve officer training institution (direct training unit) (one original copy); discharge certificate (one original copy or a copy) or a copy of the medical record; injury certification (one copy) from the medical facility (where the reserve military personnel was treated); accident investigation report established by the direct training unit (one original copy).

b) Accident allowance receipt documents

Accident investigation report established by the direct training unit (one original copy); discharge certificate (one original copy or a copy) or a copy of the medical record, or a copy of the injury certification from the medical facility (where the reserve military personnel was treated); call-up order for concentrated training or decision to call for reserve officer training from the competent authority (one copy); injury assessment report by the Medical Assessment Council of the provincial hospital or equivalent (two original copies); allowance decision from the direct training unit (two original copies). In cases of traffic accidents, there should also be a traffic accident report from the police agency or criminal investigation agency of the Ministry of National Defense (one original copy or a copy).

c) Death allowance receipt documents due to accidents or death due to illness or accidental risks

Accident investigation report or death due to illness or unexpected accidents established by the direct training unit (one original copy); death notice or death certificate (one copy) or a copy of the death registration or a copy of the court decision declaring death (for missing persons) (one copy); call-up order for concentrated training or decision to call for reserve officer training from the competent authority (one copy); allowance decision from the direct training unit (two original copies).

d) The files specified in points a, b, and c of this clause shall be prepared in two sets, kept at: Direct training unit (one set); individual reserve military personnel, reserve officer training student, or family member (one set for deceased cases).

2. Responsibilities, procedures for handling

a) Case of handling accident allowance

Individuals shall submit directly or through postal services discharge certificates or copies of medical records; injury certifications from medical facilities (where the reserve military personnel was treated) to the direct training unit to establish the referral for assessment; when notified by the direct training unit, individuals shall go directly to the Medical Assessment Council for assessment.

The direct training unit shall transfer one set of files as stipulated in point a of Clause 1 of this Article to the Provincial Medical Assessment Council or equivalent for assessment of the subject; when notified of the assessment time by the Medical Assessment Council, the subject shall be notified to attend the assessment.

The Medical Appraisal Board receives the appraisal file, notifies the direct training unit about the appraisal time; within five working days after the appraisal time, completes the Appraisal Record and sends it together with the file to the direct training unit.

Within ten working days from the date of receiving the file, the Medical Appraisal Board completes the Appraisal Record, the direct training unit perfects the file, decides on the accident allowance according to point b, Clause 1, Article of this Law, and informs the subject to come directly to receive or have it transferred.

b) In cases of granting allowances for death due to accidents or death due to illness or unexpected accidents,

The relatives of the subject directly or send via postal service the death notice or death certificate of the subject or the extract of the death registration or a copy of the court decision declaring death (in case of disappearance) to the direct training unit.

Within ten working days from the date of receiving the valid file as prescribed, the direct training unit is responsible for reviewing, perfecting the file, deciding on the allowance according to point c, Clause 1, Article of this Law, and informing the family of the subject to come directly to receive or have it transferred.

Chapter III

IMPLEMENTING PROVISIONS

Article 9. Sources of funds

1. The central budget ensures the implementation of the system and policies prescribed in this Decree is allocated in the annual budget of the Ministry of National Defense, except for cases prescribed in Clause 2 of this Article.

2. The local budget ensures the implementation of the system and policies stipulated in Article 5 of this Decree; ensures the system and policies stipulated in Articles 4 and 6 of this Decree during the training period, exercises, readiness checks, and mobilization for reserve forces under the local military.

Article 10. Responsibilities of Ministries, Sectors, and Localities

1. The Ministry of National Defense directs agencies and units to disseminate and organize the implementation of systems and policies in building and mobilizing reserve forces according to the provisions of the Law and this Decree; takes the lead and coordinates with relevant ministries and sectors to inspect and promptly resolve any difficulties and issues arising during the implementation process.

2. The Ministry of Finance shall allocate state budget funds to implement the regimes and policies as prescribed by Law and this Decree.

3. Provincial People's Committees shall direct localities and related functional agencies to implement the regimes and policies as prescribed by Law and this Decree.

Article 11. Effective Date

1. This Decree takes effect from August 21, 2020.

2. The regimes and policies stipulated in this Decree shall be implemented from July 1, 2020.

3. The systems and policies for reserve forces stipulated in Section I Chapter V of Decree No. 39/CP dated April 28, 1997 of the Government detailing and guiding the implementation of certain provisions of the Ordinance on Reserve Forces; Articles 38, 39, 40, 41, and 43 of Decree No. 26/2002/NĐ-CP dated March 21, 2002 of the Government on reserve officers of the Vietnam People's Army cease to be effective from the date this Decree comes into effect.

Article 12. Responsibility for Implementation

The Minister, Head of a ministerial-level agency, Head of an agency under the Government, Chairman of the People's Committee of provinces and centrally governed cities, organizations, and individuals related shall be responsible for implementing this Decree./.