Chương III Luật Lực lượng dự bị động viên 2019: Chế độ, chính sách và kinh phí bảo đảm cho xây dựng, huy động lực lượng dự bị động viên

Chapter III

ALLOWANCE, OTHER INCENTIVE POLICIES AND EXPENSES NECESSARY FOR ESTABLISHMENT AND MOBILIZATION OF MILITARY RESERVE FORCES

Article 29. Allowance granted to reserve servicemen placed into and appointed to commander rank in reserve units

1. Reserve servicemen already placed into reserve units shall be entitled to allowance.

2. Reservists appointed to rank of commanders of reserve units, including squad commanders or those holding equivalent or higher ranks, shall be entitled to allowance for responsibility for management of these reserve units and may reject allowance prescribed in clause 1 of this Article. 

3. The Government shall regulate rate of allowance, conditions and time of entitlement to such allowance.

Article 30. Compensation and other incentive policies granted to reservists during the period of concentration for training, practice, mobilization or combat readiness assessments in response to the situations in which general or local mobilization is not required

1. Pay and allowance policies granted to reserve servicemen shall be regulated as follows:

a) Reserve servicemen currently working, learning or on duty at entities or organizations, and receiving wages or salaries from the state budget, shall be entitled to full payment of these wages and salaries, allowances, subsidies, benefits, travel fees and fares by entities or organizations where they are working, learning or on duty. If the rate of wage or salary or allowance is lower than the rate of wage, salary or allowance applied to the People’s Army, units of the People’s Army shall be liable for differential amounts;

b) Reservists that are not classified as those subject to point a of this clause shall be entitled to daily allowance calculated based on base pay rates applied to officers, career servicemen on active service or equaling the rate of allowance based on specific military ranks of non-commissioned officers or soldiers on active duty; fares and travel allowance paid to servicemen on active duty. 

2. Reserve servicemen shall be allocated or borrow military equipment and personal stuff, and shall be entitled to allowance for meal costs according to existing support policies granted to officers, career servicemen, non-commissioned officers and soldiers on active duty. 

3. If reserve servicemen currently working, learning or on duty at entities or organizations who are on annual leave are summoned for training, practice, mobilization or combat readiness assessment, or are mobilized in cases where the situation in which general or local mobilization is not necessary arises, they may take the remaining leave days after completing their duty or take complimentary leave when appropriate. 

4. If reserve servicemen who are injured or dead on duty are recognized as war invalids or revolutionary war martyrs, they and their families shall be entitled to reward and other policies prescribed in laws on relief policies for persons rendering meritorious services to the revolutionary war. 

5. If reserve servicemen work under (extreme) arduous, hazardous or dangerous condition according to labor legislation, they may be entitled to remuneration and other compensation policies as so applied to other workers working under the same condition.

6. If reserve servicemen participating in social insurance or health insurance programs are sick, suffer from accidents, are dead or incapacitated, they shall be entitled to benefits or covers prescribed in legislation on social or health insurance; if they are not participating in these insurance programs, they shall be entitled to receive other support policies from the Government.

Article 31. Allowance and support policies granted to reserve servicemen’s families 

Reserve servicemen’s families shall be entitled to allowance or other support policies when they are mobilized for training, practice, mobilization or combat readiness assessments in response to the situations in which general or local mobilization is not required under the Government’s regulations.

Article 32. Compensation or other incentive policies granted to operators of reserve technical equipment during the mobilization period

1. Operators of reserve technical equipment may receive support or subsidy for meal costs which is equal to those that infantry soldiers receive; if they are sick, suffer from accidents, are injured, dead or incapacitated, or are working under (extreme) arduous, hazardous or dangerous condition under labor law, their families and them shall be entitled to compensation or other subsidy policies as so applied to reserve servicemen.

2. Operators of reserve technical equipment currently receiving wages and salaries from the state budget shall be entitled to full payments of wages, salaries, allowance, subsidies, support, benefits, travel fees and fares which are made by entities or organizations where they are working or on duty; operators who do not receive wages or salaries from the state budget may receive payments of per-day remuneration made by units of the People's Army which are calculated based on the average income rate arising in 3 consecutive months with respect to the work that they are doing before mobilization, travel expense or fare entitlements. 

Article 33. Funding sources

1. The state budget shall provide fund for establishment or mobilization of reserve forces which is mentioned in the plan for annual expenditures of Ministries, Ministry-level organs or Governmental bodies and localities under laws on the state budget. 

2. Other legitimate revenues.

Article 34. Details of payments for establishment and mobilization of military reserve forces

1. The Ministry of National Defense shall spend on the followings:

a) Registration, management and health checkup for reserve servicemen; registration and management of reserve technical equipment;

b) Training, practice, mobilization or combat readiness assessment for reserve units under the command of major combat operations, and training of conscripts for a supply of reserve officers; 

c) Provision of equipment or other means for reserve command purposes; construction of muster stations for reception of reservists and reserve technical equipment of reserve units under the control of major combat operations; 

d) Storage of logistical or technical materials for reserve forces under the control of major combat operations;

dd) Compensation for loss or damage of reserve technical equipment and other expenses incurred from mobilization of thereof for training, practice or mobilization or combat readiness assessment by units of the People's Army; 

e) Mobilization and assembly of reserve technical equipment serving the purpose of additional provisions for standing units of the People's Army;

g) Storage of military equipment for use by nationwide reserve forces;

h) Payment of allowance to reserve servicemen as per Article 29 herein;

i) Training, printing of books, templates, preliminary or final review, provision of the adequate quantity of equipment and accessories for establishment, mobilization and reception of reserve forces;

k) Mobilization and reception of military reserve forces.

2. Other Ministries, Ministry-level bodies and Governmental agencies shall spend on the followings:

a) Organization and management of reserve units according to allocated targets;

b) Training, practice, mobilization or combat readiness assessment for specialized reserve units which are assigned by the Prime Minister; conscription of citizens eligible for training of reserve officers;

c) Mobilization and transfer of reserve units to standing units of the People’s Army;

d) Storage of reserve technical equipment according to the Prime Minister’s allocated targets;

dd) Training, printing of books, templates, provision of the adequate quantity of equipment and accessories for establishment and mobilization of reserve forces.

3. Provincial-level People’s Committees shall spend on the followings:

a) Registration and management of reserve servicemen and technical equipment;

b) Training, practice, mobilization or combat readiness assessment for reserve units under the command of local combat operations, and training of conscripts for a supply of reserve officers; 

c) Provision of the adequate quantity of equipment or other means for mobilization command purposes; assurance of availability of training grounds, exercise yards or barracks used for training of reserve units, construction of muster stations for reception of reservists and reserve technical equipment in the custody of local combat operations; 

d) Storage of logistical or technical materials for reserve forces under the control of local combat operations;

dd) Payment of compensation for loss or damage of reserve technical equipment and other expenses incurred from mobilization of thereof for training, practice or mobilization or combat readiness assessment by provincial-level People's Committees in the cases where general or local mobilization is not necessary; 

e) Mobilization and transfer of reserve units to standing units of the People’s Army;

g) Mobilization of reserve forces in response to the situations in which general or local mobilization is not needed;

h) Payment of allowance or other financial support to reserve servicemen’s families during the period when they are mobilized for training, practice, mobilization or combat readiness assessments in response to the situations in which general or local mobilization is not required;

i) Implementation of regulations and payment of compensation policies for operators of reserve technical equipment who are mobilized under this Law;

k) Training, printing of books, templates, provision of the adequate quantity of equipment and accessories for establishment, mobilization and reception of reserve forces.

4. District-level People’s Committees shall spend on the followings:

a) Registration, management and health checkup for reserve servicemen; registration and management of reserve technical equipment and daily routine of reserve units;

b) Provision of the adequate quantity of means and equipment for mobilization command purpose, establishment of muster stations for reserve servicemen and technical equipment;

c) Storage of logistical or technical materials for reserve forces under the control of local combat operations;

d) Implementation of regulations and payment of compensation policies for operators of reserve technical equipment who are mobilized under this Law;

dd) Concentration, movement, embarkation and debarkation of reservists and reserve technical equipment.

5. Commune-level People’s Committees, entities and organization shall spend on registration, management, daily routine and health checkup for reserve servicemen; management of reserve technical equipment; concentration, transportation, embarkation and debarkation of reserve servicemen and technical equipment.