Chương V Luật dân quân tự vệ năm 2009: Chế độ, chính sách đối với dân quân tự vệ

Chapter V

REGIMES AND POLICIES FOR MILITIA AND SELF-DEFENSE FORCES

Article 45. The regime of management and command responsibility allowance

1. Officers of commune-level military commands, military commands of ministries and central branches and military commands of grassroots agencies and organizations and village militia and commanders of militia and self-defense units from squads to higher levels are entitled to a unit management and command responsibility allowance.

2. The Government shall stipulate the levels of responsibility allowance for managing and commanding militia and self-defense units.

Article 46. The salary and allowance regime for officers of commune-level military commands and village militia leaders

1. The salary regime for commanders of commune-level military commands complies with the law on cadres and civil servants.

2. Deputy commanders of commune-level military commands are entitled to a monthly allowance, and pay and enjoy social insurance and health insurance in accordance with law. Those who have worked for 60 or more consecutive months, if giving up their work for plausible reasons but ineligible for retirement pension, are entitled to a lump-sum allowance.

3. Officers of commune-level military commands who have worked for 60 or more consecutive months are entitled to a seniority allowance.

4. Village militia leaders are entitled to a monthly allowance.

5. The Government shall detail this Article.

Article 47. Regimes and policies for militia and self-defense forces

1. Militia and self-defense forces are entitled to regimes and policies in the following cases:

a/ When mobilized to perform the tasks specified in Article 8 of this Law;

b/ When implementing deployment decisions of competent authorities mentioned in Article 44 of this Law.

2. Regimes and policies for militia forces, except marine and standing militia, are provided as follows:

a/ Workday allowances prescribed by provincial-level People's Committees which are not lower than 0.08 of the common minimum wage; if performing their tasks from 22 hrs to 6 hrs or in places with dangerous or hazardous elements, they are entitled to the regime prescribed in the Labor Code;

b/ When performing their tasks at places far from their places of residence and unable to travel to and from there every day, they shall be provided with free lodgings, transport or travel expense supports or payment for a return ticket and food expense supports at the levels proposed by provincial-level People's Committees and decided by the People's Councils of the same level.

3. Self-defense forces, except the marine self-defense force, arc entitled to full salaries, welfare benefits, travel allowances and fares under current regulations.

4. Authorities deciding to deploy militia and self-defense forces for performing tasks shall ensure regimes and policies for them under this Article.

5. Core militiamen who have completed their service in the militia, if continuing their service terms as permitted, are entitled to regimes according to common regulations and. when mobilized to perform tasks, are also entitled to increased workday allowances. The level of increased allowances shall be proposed by provincial-level People's Committees and decided by the People's Councils of the same level but must not be lower than 0.04 of the common minimum wage.

Article 48. Regimes and policies for the marine militia and self-defense force

1. When attending training or performing the tasks of protecting security and order and search and rescue at sea. the marine militia and self-defense force is entitled to the following regimes and policies:

a/ Militiamen are entitled to workday allowances, which are not lower than 0.12 of the common minimum wage; and to food expense supports like navy soldiers onboard class-1 ships mooring in their bases;

b/ Self-defense members are entitled to full salaries, welfare benefits, travel allowance and travel fares under current regulations.

2. When performing their tasks of protecting the sovereignty and sovereign rights in Vietnam's sea areas and islands, the marine militia and self-defense force is entitled to regimes and policies prescribed by the Government.

Article 49. Regimes and policies for standing militia

1. Standing militia is entitled to workday allowances which are not lower than 0.08 of the common minimum wage, and to free meals and lodgings.

2. Core militiamen who have completed their service, with at least 12 months of working as standing militiamen, are exempt from performing the military service and entitled to the following supports:

a/ One month's common minimum wage, for those who have worked for between full 12 months and under 18 months:

b/Two months" common minimum wage, for those who have worked for between full 18 months and under 24 months:

c/ Three months' common minimum wage, for those who have worked for 24 or more months.

Article 50. Postponement of performance of labor contracts during the time of service as core self-defense members

1. Self-defense officers and soldiers currently working under labor contracts in agencies or organizations are entitled to postponement of performance of their labor contracts when they are deployed to perform tasks under Article 8 of this Law.

2. Postponement of performance of labor contracts is effected in accordance with the labor law.

Article 51. Regimes and policies for militiamen and self-defense members who are sick, have accidents, are dead or injured or sacrifice their lives on duly

1. Militia and self-defense officers and soldiers who are sick, have accidents or are injured when performing the tasks defined in Article 8 of this Law. if not covered by health insurance, are entitled to payment of medical examination and treatment expenses. For those performing the tasks defined in Clauses 4. 5 and 6. Article 8 of this Law. if having accidents and losing part of their working capacity as concluded by a medical assessment council, they are entitled to allowances depending on the extent of loss of their working capacity: if they are dead, their relatives are entitled to survivorship and funeral allowances.

2. If militia and self-defense officers and soldiers are injured while performing the tasks defined in Clauses 1. 2 and 3. Article 8 of this Law. and implementing deployment decisions of competent authorities specified in Article 44 of this Law, they shall be considered and allowed to enjoy policies like war invalids: if they sacrifice their lives, they shall be considered and recognized as fallen heroes in accordance with law.

3. The Government shall stipulate conditions, procedures, dossiers, funds and agencies responsible for assuring regimes and policies for militia and self-defense officers and soldiers under this Article.