Nghị định 27/2016/NĐ-CP quy định chế độ, chính sách đối với hạ sĩ quan, binh sĩ phục vụ tại ngũ, xuất ngũ và thân nhân của hạ sĩ quan, binh sĩ tại ngũ

DECREE

ON PROVISION OF BENEFITS FOR ACTIVE AND DISCHARGED NON-COMMISSIONED OFFICERS AND SOLDIERS AND FAMILIES OF ACTIVE NON-COMMISSIONED OFFICERS AND SOLDIERS

Pursuant to the Law on Government organization dated June 19, 2015;

Pursuant to the Law on Military Service dated June 19, 2015;

At the request of the Minister of National Defense,

The Government promulgates a Decree on benefits for active and discharged non-commissioned officers and soldiers and families of active non-commissioned officers and soldiers.

Article 1. Scope

This Decree provides for certain benefits for active and discharged non-commissioned officers and soldiers and families of active non-commissioned officers and soldiers.

Article 2. Regulated entities 

1. Active and discharged non-commissioned officers and soldiers.

2. Family members of active non-commissioned officers and soldiers, including: Parents; parents-in-law; lawful fosterer of spouse, spouse, children and legal adopted children.

3. Military units and organizations and individuals relating to provision of benefits for active and discharged non-commissioned officers and soldiers and families of active non-commissioned officers and soldiers specified herein.

Article 3. Leaves of active non-commissioned officers and soldiers

1. From the 13^th month on service, an active non-commissioned officer or soldier has an annual leave of 10 days (exclusive of the travel time) and receive allowances for travel cost under current regulations.

2. For non-commissioned officers and soldiers who have studied in military or non-military schools or institutes for at least one year and have a summer vacation between two academic years, such vacation shall be considered period of leave and payment for travel cost shall be made as per current provisions. 

3. If leave cannot be granted due to a combat situation or threat thereof or difficulty in travel, the leave will be converted into an amount of money.  The payment for one leave day shall be equal to the daily meal allowance of a non-commissioned officer/foot soldier.

4. For non-commissioned officers/soldiers who have used up their annual leave, if their family suffer from natural disaster or a serious fire or their parents, parents-in-law; lawful fosterer; spouse; children or legally-adopted children pass away or they gain remarkable achievements during duty performance, they will be given a special leave of a period of no more than 5 days (exclusive of the travel time) and receive an allowance for travel.

Article 4. Additional allowances due to extension of duration of service and extra allowances for active female soldiers and non-commissioned officers

1. In addition to rank allowances provided as regulated, active non-commissioned officers/ soldiers who have their duration of service extended as decided by the Minister of National Defense shall receive 250% of the current monthly rank allowances.

These additional allowances shall not be provided for active non-commissioned officers/soldiers who are waiting to be transferred to professional soldiers, national defense officials or public employees; or waiting for school admission, entrance exam; or studying in military or non-military schools and institutes and others.

2. Active female soldiers and non-commissioned officers shall receive an additional allowance equal to 20% of the statutory pay.

Article 5. Other benefits for active non-commissioned officers and soldiers

1. They shall be exempt from postage when sending money, mailers or parcels and provided with 4 letter stamps/month of which the price is regulated by the Ministry of Information and Communications and monthly rank allowances in the same period.

2. Non-commissioned officers and soldiers who are members of poor household or students who have taken loans from Vietnam Bank for Social Policies shall be eligible for an interest-free deferral of loan repayment during the service period under current regulations.

3. Active non-commissioned officers and soldiers who satisfy standards for political quality, ethics, culture, health and age may sit the entrance exam as regulated by the Ministry of National Defense and shall be given plus points when sitting entrance examinations as currently regulated.

Article 6. Benefits for families of active non-commissioned officers and soldiers

1. In any of the following cases, the family of an active non-commissioned officer/soldier specified in Clause 2 Article 2 hereof shall receive an irregular allowance of:

a) VND 3,000,000/time if the house of the active non-commissioned officer/soldier collapses due to a fire or natural disaster or the incident results in relocation or causes severe financial damage;

b) VND 500,000 for each family member who has suffered from illness for at least 1 month or has undergone one-time treatment in the hospital for at least 7 days;

c) The irregular allowances specified in Point a this Clause shall not be provide more than two times a year for each active non-commissioned officer/soldier; The irregular allowances mentioned in Point b this Clause shall not be provided more than two times a year for each member of family of an active non-commissioned officer/soldier;

d) of VND 2,000,000 for each family member of an active non-commissioned officer/soldier who is killed in combat or dies or is missing.

2. Children and legally-adopted children of an active non-commissioned officer/soldier shall be entitled to remission of tuition fees in public or private general education institution as regulated in Decree No.86/2015/ND-CP dated October 02, 2015 of the Government on collection and management of tuition fees applicable to education institutions in the national education system and policies on remission of tuition fees and financial support from academic year 2015 - 2016 to 2020 – 2021.

Article 7. One-off discharge allowances and allowances for job creation and travelling provided for discharged non-commissioned officers and soldiers

1. In addition to one-off benefits from social insurance under law provision on social insurance, the discharged non-commissioned officer/soldier shall receive one-off discharge allowances; the allowances for one year serving in the military force shall be equal to the amount of 2 month’s statutory pay as regulated by the Government at the time of discharge.  Allowance for an incomplete year: Less than 1 month: no allowance; 1 – 6 months: 1 month’s statutory pay; from more than 6 months to 12 months: 2 month’s statutory pay. 

2. Non-commissioned officers/soldiers who have served in military force for 30 months inclusive shall receive an additional allowance equal to 2 month’s current monthly rank allowances when discharged; if discharged prior to the time mentioned above, an additional allowance of 1 month’s current monthly rank allowances shall be paid for the period from the 25^th month to the 30^th month.

3. Non-commissioned officers/soldiers who fulfill their duty of military service as specified in the Law of Military Duty shall receive allowances for job creation equal to 6 month’s basic salary when being discharged as regulated by the Government on the discharge day.

4. Discharged non-commissioned officers/soldiers will have a farewell meeting before discharge held by their supervisory authority with the cost of VND 50,000/person; and taken back to their residence place as regulated or provided with an allowance for travel.

Article 8. Training, vocational training and employment opportunities after discharge

1. Non-commissioned officers/soldiers who are studying in or receive an acceptance letter from vocational training institutions or tertiary education institutions before enlistment shall have their academic records retained and may be admitted by these institutions after discharge.

When discharged, if the non-commissioned officer/enlisted soldier who has fulfilled his/her duty of military service desires to enroll in vocational training courses and is eligible for vocational training, he/she shall be provided with vocational training as specified in Decree No.61/2015/ND-CP dated July 09, 2015 of the Government on job creation policies and national employment fund.

2. When discharged, non-commissioned officers/ soldiers who work for regulatory agencies, political organizations, socio-political organizations before enlistment shall be re-employed and assigned by the aforesaid entities and get paid not less than pre-enlistment payment; in case such agencies or organizations are dissolved, their supervisory authorities shall give employment suitable for the discharged officers/soldiers.  In case such supervisory authorities are dissolved or no supervisory authority is available, the Department of Labor, War Invalids and Social Affairs shall take charge and cooperate with relevant regulatory agencies at the same level to provide employment to discharged non-commissioned officers/soldiers.

3. When discharged, non-commissioned officers/soldiers who work in economic organizations before enlistment shall be re-employed, assigned and receive the salary/remuneration equal to the one paid before enlistment; in case the economic organization is closed, dissolved or declare bankruptcy, benefits for discharged non-commissioned officers/ soldiers shall be provided like the ones given to workers of these economic organizations under current law provisions on social insurance; The social security administration of the place in which such economic organization is located shall pay benefits from social insurance under current regulations.

4. Non-commissioned officers/ soldiers admitted to regulatory agencies, economic organizations which are economic sectors shall get paid based upon the work assigned and have their time of service included in their working time, and receive benefits like officials, public employees and other worker of these economic organization under current regulations.

5. Discharged non-commissioned officers/ soldiers specified in Clause 1 Article 43 and Clause 1 Article 48 of the Law on Military Duty 2015 shall be given priority in job provision and plus points in school recruitment or recruitment of officials and public employees; and shall receive 100% of salary and allowances suitable for their knowledge and skills during probation.

Article 9. Funding

Funding for providing benefits specified herein shall be allocated from state budget in compliance with provisions of the law on state budget.

Article 10. Entry into force

1. This Decree comes into force from June 01, 2016.

2. Benefits mentioned herein shall be provided from January 01, 2016.

3. Non-commissioned officers/soldiers who have enlisted before January 01, 2016 and recognized to fulfill the duty of military service as prescribed in the Law on Military duty 2015 will be entitled to the benefits specified in Article 7 and 8 hereof after discharge.

4. Decree No.122/2006/ND-CP dated October 26, 2006 of the Government on elaboration of implementation of a number of Articles of the Law on amendments to the Law on Military Duty 2005 regarding benefits for active non-commissioned officers and soldiers; Clause 5, 6 and 7 Article 1 of Decree No.17/2007/ND-CP dated February 01, 2007 of the Government on amendments to a number of Articles of Charter for service of  non-commissioned officers, soldiers of Vietnam People’s Military Force issued together with Decree No.54/CP dated August 07, 1995 of the Government; Decree No.88/2011/ND-CP dated September 29, 2011 of the Government on benefits for families of active non-commissioned officers and soldiers will become invalid from the effective date of this Decree.

Article 11. Implementation responsibility

1. The Minister of National Defense shall provide guidelines for implementation of this Decree.

2. The Ministry of Finance shall cooperate with the Ministry of National Defense in making state budget estimate and provide funding for provision of the benefits mentioned herein in compliance with provisions of the Law on State Budget.

3. Ministers, Directors of ministerial agencies and Governmental agencies, Chairpersons of People’s Committees of provinces and centrally-affiliated shall take responsibility to implement this Decree./.