Circular No. 96/2012/TT-BQP guiding the implementation of Decision No. 25/2012/QĐ-TTg dated June 4, 2012 of the Prime Minister stipulating certain preferential policies for officers, professional military personnel, non-commissioned officers, soldiers, defense civil servants, and defense workers under the Vietnam Coast Guard Force.

CIRCULAR

Guidelines for Implementing Decision No. 25/2012/QĐ-TTg dated June 4, 2012 of the Prime Minister on certain preferential policies for officers, professional military personnel, non-commissioned officers, soldiers, defense civil servants, and defense workers under the Vietnam Coast Guard Force

Pursuant to the Law on Legislative Documents of 2008;

Pursuant to Decree No. 104/2008/NĐ-CP dated September 16, 2008 of the Government on the Functions, Tasks, Authorities, and Organizational Structure of the Ministry of National Defense;

Pursuant to Decision No. 25/2012/QĐ-TTg dated June 4, 2012 of the Prime Minister on certain preferential policies for officers, professional military personnel, non-commissioned officers, soldiers, defense civil servants, and defense workers under the Vietnam Coast Guard Force (hereinafter referred to as Decision No. 25/2012/QĐ-TTg);

Considering the proposal of the Director of the Political General Department,

The Minister of National Defense issues this Circular guiding the implementation of Decision No. 25/2012/QĐ-TTg as follows:

Article 1. Scope of Regulation and Applicability

This Circular guides the implementation of the long-term service allowance in island areas; special sea duty allowances for subjects under the Vietnam Coast Guard Force, including:

- Officers, professional military personnel;

- Non-commissioned officers, soldiers;

- Defense civil servants and defense workers.

Article 2. Long-term Service Allowance in Island Areas

1. Subjects guided in Article 1 of this Circular who do not fall within the category entitled to the long-term service allowance according to the provisions of Government Decree No. 116/2010/NĐ-CP dated December 24, 2010 on policies for cadres, civil servants, public officials, and those receiving salaries in the armed forces working in areas with particularly difficult economic and social conditions shall be entitled to the long-term service allowance in island areas calculated based on a coefficient relative to the minimum wage and actual time worked on islands. Specifically as follows:

a) Performing duties on remote islands in Vietnam's maritime area:

- From five years up to less than ten years, the rate is 0.2;

- From ten years up to less than fifteen years, the rate is 0.3;

- Fifteen years or more, the rate is 0.4.

b) Performing duties from five years or more on near-shore islands, including the islands: Cái Bầu, Đình Vũ, Cồn Đen, Cồn Lục, Cồn Vành, Đảo Ne, Đảo Ngư, Đảo Sơn Dương, Hòn La, Hòn Tre, and Bình Ba, the rate is 0.1;

c) Calculation method:

Example 1: Major Nguyễn Văn H, belonging to the Coast Guard unit, has continuously worked on remote island A (island A does not belong to the areas with particularly difficult economic and social conditions as stipulated in Government Decree No. 116/2010/NĐ-CP) for nine years and three months. According to the regulations, starting from August 1, 2012, Major H will receive a monthly long-term service allowance in island areas of:

1,050,000 VND x 0.2 = 210,000 VND/month.

Example 2: In the case where Major H, as mentioned in Example 1, has worked on near-shore islands for nine years and three months. According to the regulations, starting from August 1, 2012, Major H will receive a monthly long-term service allowance in island areas of:

1,050,000 VND x 0.1 = 105,000 VND/month.

2. The time of work to calculate the long-term service allowance in island areas for the above subjects is the total actual time worked on islands, if there is a break, it is accumulated. In cases where the subject has worked both on remote islands and near-shore islands, the time worked on remote islands and near-shore islands is accumulated. The level of the long-term service allowance is implemented according to the following principle:

a) For subjects previously working on remote islands, now transferred to work on near-shore islands, the level of allowance is implemented according to the regulations for near-shore islands;

b) For subjects previously working on near-shore islands, now transferred to work on remote islands, the level of allowance is implemented according to the regulations for remote islands.

Example 3: Specialist Nguyễn Văn K, working on remote island A for five years and nine months, then transferred to work inland for one year, and subsequently transferred back to work on Cái Bầu Island for one year and three months. Starting from August 1, 2012, Specialist K will receive a long-term service allowance in island areas as follows:

- Actual time worked on islands to calculate the allowance is:

5 years 9 months + 1 year 3 months = 7 years

- The level of allowance is calculated according to the regulation for near-shore islands as:

1,050,000 VND x 0.1 = 105,000 VND/month

Example 4: Specialist Nguyễn Văn K, as mentioned in Example 3, has worked on near-shore islands for five years and nine months, currently working on a remote island for one year and three months. Starting from August 1, 2012, Specialist K will receive a long-term service allowance in island areas as follows:

- Actual time worked on islands to calculate the allowance is:

5 years 9 months + 1 year 3 months = 7 years

- The level of allowance is calculated according to the regulation for remote islands as:

1,050,000 VND x 0.2 = 210,000 VND/month.

3. The long-term service allowance in island areas is only implemented for subjects currently working on islands as stipulated. In cases where there is a decision to retire, demobilize, discharge, transfer to another profession, or be transferred to another unit without being stationed on islands, the allowance for long-term service in island areas ceases from the following month. The long-term service allowance in island areas is not counted during the following periods:

a) Time away from island areas for work, study, or training for one month or longer;

b) Continuous leave without pay for one month or longer;

c) Time receiving social insurance benefits as prescribed by laws on social insurance;

d) Time suspended from work or detained.

Example 5: Mr. Nguyễn Văn N, a defense civil servant under the Vietnam Coast Guard Force, has worked on remote islands for twelve years and is currently receiving a long-term service allowance in island areas at a rate of 0.3. In October 2012, he was transferred to work inland. According to the regulations, starting from November 1, 2012, Mr. N will cease to receive the long-term service allowance in island areas at a rate of 0.3.

Article 3. Special Allowance for Sea Operations

1. The subjects guided in Article 1 of this Circular, during the time directly participating in exercises, training, search and rescue operations at sea, shall be entitled to the special allowance for sea operations, with a rate of VND 150,000/person/day actually spent at sea.

2. The time spent at sea to calculate the entitlement to the special allowance for sea operations shall be implemented on the principle that less than four hours in a day shall be counted as half a day/person; four hours or more in a day shall be counted as one full day/person.

3. The subjects entitled to the special allowance for sea operations mentioned above, who are simultaneously receiving the special allowance for sea operations as prescribed in other regulatory legal documents, may choose the highest benefit level.

Article 4. Responsibilities for Implementation

1. Vietnam Marine Police Bureau

Shall organize the dissemination and implementation of the preferential allowances as stipulated in Decision No. 25/2012/QĐ-TTg and the guidance provided in this Circular to the subjects under its management. Lead, direct, implement, guide the preparation of budget estimates and organize the implementation of preferential allowances in units strictly, promptly, and accurately.

2. Policy Department/General Political Department

Shall take the lead in coordinating with relevant agencies to direct, guide, and inspect the implementation of preferential treatment for the subjects as prescribed in Decision No. 25/2012/QĐ-TTg and the guidance provided in this Circular; at the same time, take the lead in coordinating to resolve any difficulties and issues arising during the implementation process.

3. The Finance Department/Military Ministry

Based on the preferential treatment regime prescribed in Decision No. 25/2012/QĐ-TTg and the guidance provided in this Circular, guide the preparation of budget estimates, timely organization of financial disbursement, and correct settlement and finalization according to regulations. Coordinate to direct and inspect the implementation of preferential treatment for the Vietnam Marine Police force.

Article 5. Effective Date

1. This Circular takes effect from September 30, 2012.

2. The preferential regimes guided in this Circular shall be implemented from August 1, 2012, and paid together with monthly salaries; they shall not be used for calculating social insurance contributions or benefits, or health insurance contributions or benefits.

3. The Director of the Vietnam Marine Police Bureau and the heads of related agencies and units are responsible for implementing this Circular.

During the implementation process, if there are any difficulties or feedback, report to the Ministry of National Defense (through the Policy Department/General Political Department) for research and resolution./.