Chương IV Luật quân nhân chuyên nghiệp, công nhân và viên chức quốc phòng 2015: Chế độ, chính sách đối với quân nhân chuyên nghiệp, công nhân và viên chức quốc phòng

Chapter IV

BENEFITS AND POLICIES ON PROFESSIONAL SERVICEMEN, NATIONAL DEFENSE WORKERS AND OFFICIALS

Article 35. Training

1. Content, programs, manner and time of training for professional servicemen, National defense workers and officials shall be based on requirements for personnel structure of the People’s Army, job title standards, job positions and occupational titles.

2. The Minister of National Defense shall define the content, programs, manner of training after reaching agreement with the Ministry of Education and Training and other relevant ministries, sectors.

3. Professional servicemen, National defense workers and officials shall have following obligations and benefits during the time of training:

a) Comply strictly with regulations on training and disciplines of the army; and be subject to management by education and training establishments;

b) Enjoy full pay, allowances; have service time added to military service time as foundations for pay increase and promotion of ranks;

Article 36. Pay, allowances, housing and conditions for implementation of duties by professional servicemen, National defense workers and officials

1. Pay of professional servicemen, National defense workers and officials Nature is based on training level, job titles, job position in accordance with nature and duty of armies.

2. Professional servicemen, National defense workers and officials shall enjoy allowances as follows:

a) Seniority pay (based on existing pay and service time in standing force of the army as prescribed)

b) Allowances (the same as cadres, officials and civil servants having the same working conditions);

c) Allowances (in accordance with typical military operation nature);

3. Professional servicemen, National defense workers and officials shall be entitled to policies on social housing support; lease of official residences according to laws.

4. Professional servicemen, National defense workers and officials shall be entitled to allowances for housing.

5. The Government shall detail this Article.

Article 37. Increasing pay for professional servicemen, national defense workers and officials

1. Professional servicemen, National defense workers and officials shall be eligible for pay increase if meeting requirements for political and ethical credentials, technical and professional qualifications and period for pay increase.

2. Pay raise shall be made at only one level at a time; if particularly outstanding achievements are made in the fight and performance of duties, pay raise may be made ahead of time, or in excess of normal raise rate. If violations of disciplines of the army or the law are detected during the pay raise review period (the period when pay raise is reviewed), depending on nature and severity of violations, the pay raise review period may be prolonged.

3. The Government shall detail this Article.

Article 38. Rest breaks for professional servicemen, national defense workers and officials

1. Professional servicemen, National defense workers and officials shall be entitled to rest breaks according to the Labor Code and regulations of the Ministry of National Defense. In case duties require working on annual holidays, professional servicemen, National defense workers and officials shall be paid an extra amount for working on such holidays in addition to normal pay.

2. Upon conscription during war time or in case of national emergencies, the Minister of National Defense shall order suspension of all rest breaks; professional servicemen, National defense workers and officials who are on their rest breaks shall return to their units.

Article 39. Provision of health care to professional servicemen, National defense workers and officials serving in the army and their relatives

1. Professional servicemen, National defense workers and officials serving in the army shall be entitled to health care; in case of injury, sickness, accidents, occupational risks occurring far away from army medical facilities or diseases that can not be cured by army medical facilities, professional servicemen, National defense workers and officials shall be entitled to free medical examination and treatment at other medical facilities and other benefits according to laws.

2. Natural parents; parents-in-law; husband or wife; legal caretakers of husband or wife; natural children, legal adopted children aged under 18 of professional servicemen on active service shall be entitled to medical insurance according to laws.

3. Relatives of National defense workers and officials serving in the army having no medical insurance shall be entitled to medical insurance according to laws.

Article 40. Benefits, policies for professional servicemen retiring from active service

1. Retired professional servicemen:

a) Retirement pension is instructed in the Law on Social Insurance and this Law;

b) In case of retirement ahead of maximum age limit by rank as prescribed in Clause 2, Article 17 hereof due to changes of personnel structure and being no longer needed by the army, retired professional servicemen shall be entitled to one-time benefit in addition to social insurance benefits as prescribed by laws.

c) Favored by local authorities with conditions for stabilizing living; be entitled to social housing according to laws if residency is not available;

2. Professional servicemen transferred to other areas:

a) Have pay level, seniority pay reserved at the time of change of occupation for a period of 18 months;

b) Be entitled to seniority pay after retirement based on active service period and existing pay level; In case existing pay is lower than pay level of professional servicemen at the time of change of occupation, retirement pension shall be based on pay level at the time of change of occupation according to laws;

3. Demobilized professional servicemen:

a) Be entitled to one-time benefit for job seeking; have time of participation in social insurance reserved or receive one-time benefits from social insurance fund according to laws;

b) Be entitled to medical examination and treatment at army medical facilities if having at least 15 years on active service according to regulations of the Ministry of National Defense;

c) Receive favor in examinations to select officials and civil servants;

d) Be entitled to benefits and policies as prescribed in Point c, Clause 1, this Article;

4. Professional servicemen retiring under policies on sick soldiers:

a) Be entitled to preferential treatment with respect to people with meritorious services to the Revolution and social insurance benefits according to Law on Social insurance;

b) Be entitled to benefits and policies as prescribed in Point c, Clause 1, this Article;

5. The time of joining the fight, serving the fight or working in the areas of hardship, or in the areas of special nature shall be based on to determine benefits for retirement from active service;

6. Professional servicemen retiring from active service may use uniforms, military badges, insignia in traditional ceremonies and meetings of the army.

7. The Government shall detail Points a, b, Clause 1, Points a and c, Clauses 3 and 5 of this Article.

Article 41. Benefits and policies for national defense workers and officials retiring from military service

1. Retired national defense workers and officials:

a) Retirement pension is instructed in the Law on Social Insurance and this Law;

b) In case of retirement ahead of maximum age limit as prescribed in Article 31 hereof due to changes of personnel structure and being no longer be needed by the army, retired professional servicemen shall be entitled to one-time benefit in addition to social insurance benefits as prescribed by laws.

c) Favored by local authorities with conditions for stabilizing living; be entitled to social housing according to laws if residency is not available;

2. National defense workers and officials changed to other occupations:

b) Be entitled to seniority pay upon retirement based on active service period and existing pay level; In case existing pay is lower than pay level of national defense workers and officials at the time of change of occupation, retirement pension shall be based on pay level at the time of change of occupation according to laws;

c) In case of returning to military service due to pressing duties, the time of changing occupations shall be included in the continuous working time as foundations for reviewing pay raise and seniority.

3. National defense workers and officials resigning:

a) Be entitled to severance pay according to laws;

b) In case of resignation while requirements for entitlement to retirement pension or one-time social insurance benefit are not met, the time of participation in social insurance shall be reserved or one-time benefits from social insurance fund be granted according to laws.

b) Be entitled to benefits and policies as prescribed in Point c, Clause 1, this Article;

d) National defense workers and officials who resign within working age shall receive favor in examinations to select officials and civil servants.

4. The time of joining the fight, serving the fight or working in the areas of hardship, or in the areas of special nature shall be based on to determine benefits for retirement from the army;

5. The Government shall detail Points a, b, Clauses 1 and 4 of this Article.

Article 42. Benefits, policies for professional servicemen, National defense workers and officials having injuries, sacrificing their lives or dying during military service time

1. Professional servicemen and national workers and officials shall be entitled to policies on war invalids if having injuries during missions;

2. Relatives of professional servicemen, National defense workers and officials who sacrifice their lives shall be entitled to all benefits according to the Law on Preferential treatment to people with meritorious services to the Revolution, social insurance benefits according to the Law on Social Insurance and one-time benefit.

3. Relatives of professional servicemen, National defense workers and officials who die shall be entitled to benefits, policies according to the Law on social insurance and one-time benefit.

4. The Government shall prescribe one-time benefits in Clauses 2 and 3, this Article.

Article 43. Benefits, policies for professional servicemen on temporary assignments

1. Professional servicemen on temporary assignments who register for military service, physical examination and check-ups for military service shall have travel and accommodations fully covered.

2. Professional servicemen on temporary assignment who are currently working in agencies, organizations shall receive full pay and existing allowances during the time of registration for military service, physical examination and check-ups for military service.

3. During the time of training, drills and examinations ready for conscription and fighting, professional servicemen on temporary assignments and their relatives shall be entitled to benefits and policies according to laws.