Increase the fine up to 30 million for the act of not accepting citizens who have completed military service to return to their old jobs?

Main Content

• According to current regulations, what is the penalty for not accepting back citizens who have completed military service in Vietnam?
• From July 22, 2022, what is the penalty for not accepting back citizens who have completed military service in Vietnam?
• What is the policy regime for non-commissioned soldiers who have completed their military service in Vietnam?

According to current regulations, what is the penalty for not accepting back citizens who have completed military service in Vietnam?

According to Clauses 4 and 5, Article 9 of Decree No. 120/2013/ND-CP stipulating the fine levels for the act of not accepting back citizens who have completed military service in Vietnam as follows:

“Article 9. Violations against regulations on performance of military service in Vietnam

...

4. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for failing to receive back citizens who have completed military service and returned to their old agencies or organizations to work.

5. Remedial measures:

a) Forcibly arrange and create conditions for citizens to perform the regime of registration and pre-qualification for military service, conduct medical examination for military service, and obey the order for enlistment in accordance with the law on military service. with the acts specified in Clause 1 of this Article;

b) Forcible admission of citizens who have completed their military service and return to their former agencies or organizations, for the acts specified in Clause 4 of this Article."

Thus, according to current regulations, the act of not accepting citizens who have completed military service will be fined from VND 5,000,000 to VND 10,000,000. At the same time, forcing the admission of citizens who have completed their military service and return to their old agencies and organizations to work.

Note, this fine level is for individuals. For the same act of administrative violation, the fine level for organizations is equal to twice the fine level for individuals

Increase the fine up to 30 million for the act of not accepting citizens who have completed military service to return to their old jobs?

From July 22, 2022, what is the penalty for not accepting back citizens who have completed military service in Vietnam?

According to Clause 10, Article 1 of Decree 37/2022/ND-CP amending Article 9 of Decree 120/2013/ND-CP stipulating administrative penalties for violations of military service in Vietnam performance as follows:

“Article 9. Violations against regulations on performance of military service

...

3. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for refusing to return to school; fails to accept and arrange jobs for non-commissioned officers and soldiers who have completed their military service and return to their old agencies or organizations to work.

4. Remedial measures:

a) Forcible reporting according to regulations, for violations specified in Clauses 1 and 2 of this Article;

b) Forcible admission back to school; receive and arrange jobs for non-commissioned officers and soldiers who have completed their military service and return to their old agencies or organizations, for the violations specified in Clause 3 of this Article.”

Thus, from July 22, 2022, the act of not accepting citizens who have completed military service will be fined from VND 20,000,000 to VND 30,000,000. Note, this fine level is for individuals. For the same act of administrative violation, the fine level for organizations is equal to twice the fine level for individuals.

What is the policy regime for non-commissioned soldiers who have completed their military service in Vietnam?

According to the provisions of Article 50 of the 2015 Law on Military Service, the regime and policies for non-commissioned soldiers who have completed their military service in Vietnam are as follows:

"Article 50. Regimes and policies for non-commissioned military officers serving active duty, demobilization and their relatives

1. For non-commissioned officers and soldiers during active service:

a) To be assured of timely, sufficient and correct supply of food, foodstuffs, military equipment, preventive and curative drugs; be guaranteed accommodation, monthly allowance, necessities and cultural and spiritual needs suitable to the nature of the army's tasks; regimes are guaranteed during holidays and New Year's Eve; be guaranteed health care when injured, sick, or have accidents according to the provisions of law;

b) From the thirteenth month onwards, they are entitled to leave according to the regime; other irregular leave cases prescribed by the Minister of National Defense;

c) From the twenty-fifth month onwards, an additional 250% of the monthly allowance for the current military rank shall be enjoyed;

d) Family size is counted when the family is assigned or adjusted to the area of ​​housing, land for housing construction and farming land;

d) Counting the time of active service in the working time;

e) Preferential postage;

g) Having achievements in combat, work or training that are commended and rewarded according to the provisions of law;

h) In case of injury or illness while on duty, they are entitled to preferential regimes as prescribed by law;

i) The State guarantees the social insurance and health insurance regime according to the provisions of the Law on Social Insurance and the Law on Health Insurance;

k) To be entitled to temporarily postpone payment and not charge interest on a loan from the Bank for Social Policies that, before joining the army, is a member of a poor household, a student, or a student as prescribed by law;

l) Priority in military enrollment.

2. For relatives of non-commissioned officers and active-duty soldiers:

a) Natural father and mother; father, mother-in-law or father, mother-in-law; legal custodians; wife or husband; The natural and lawfully adopted children of non-commissioned officers and active-duty soldiers are entitled to the health insurance regime in accordance with the Law on Health Insurance, and the hardship allowance guaranteed by the state budget;

b) Natural or "lawful" adopted children of non-commissioned officers and active-duty soldiers are exempted or reduced from tuition fees when studying at public and non-public general education institutions in accordance with the law on exemption regimes, reduce tuition;

c) In case non-commissioned officers and active-duty soldiers die or die while on duty, their families are entitled to preferential regimes as prescribed by law.

3. For non-commissioned officers and soldiers upon discharge:

a) To be provided with transportation allowance, travel allowance, demobilization allowance;

b) Before enlistment, studying or receiving a call-up letter to study at schools of vocational education and training institutions, higher education institutions may reserve their results and be admitted to those schools;

c) Receive a job creation allowance;

d) Before enlistment, while working in a state agency, political organization, or socio-political organization, upon discharge from the army, that agency or organization must be responsible for receiving, re-arranging and re-employing jobs. guaranteed income not lower than before enlistment; in case that agency or organization has been dissolved, the immediate superior agency or organization shall have to arrange suitable jobs;

dd) Before enlistment, while working at an economic organization, when discharged from the army, that organization must be responsible for receiving, arranging jobs and ensuring salaries and wages commensurate with the working position and salary. salary and wages before enlistment; In case an economic organization has terminated its operation, is dissolved or goes bankrupt, the settlement of regimes and policies for non-commissioned officers and demobilized soldiers is the same as for employees of economic organizations. that is prescribed by law;

e) Have their social insurance benefits settled in accordance with the Law on Social Insurance;

g) For non-commissioned officers and soldiers discharged from the army as prescribed in Clause 1, Article 43 and Clause 1, Article 48 of this Law, when returning to their respective localities, they will be prioritized for job arrangement by authorities at all levels, agencies and organizations and plus points in enrollment, recruitment of civil servants and public employees; During the probationary period, they are entitled to 100% of the salary and allowance of the recruitment grade corresponding to their training level.

4. The Government shall detail this Article."

Thus, for non-commissioned officers who are studying and working at any agency when they are discharged from the army before enlisting, they will be given favorable conditions to return to study and work at that agency.

Decree 37/2022/ND-CP takes effect from July 22, 2022.