If national defense workers are disciplined in form of reprimand, how many months for prolongation of salary grade promotion duration in Vietnam?

If national defense workers are disciplined in form of reprimand, how many months for prolongation of salary grade promotion duration in Vietnam?

Pursuant to Article 3 of Decree 19/2017/ND-CP stipulating salary regime for defense workers as follows:

1. The salary schedule for defense workers is specified in the Appendix issued together with this Decree.

2. Defense workers are entitled to various allowances and benefits, including:

a) The seniority allowance exceeds the frame rate;

b) Regional allowances;

c) Special allowances;

d) Toxic and dangerous allowances;

dd) Work responsibilities allowance;

The conditions, duration and level of enjoyment of allowances at Points a, b, c, d and dd of this Clause are the same as those in Decree No. 204/2004/ND-CP dated December 14, 2004 of the Government on the salary regime for cadres, civil servants, public employees and the armed forces.

e) Service allowance:

- Applicable to defense workers receiving salaries from the state budget;

- The conditions, time and level of enjoyment of public service allowances shall comply with the provisions of Decree No. 34/2012/ND-CP dated April 15, 2012 of the Government on the regime of public service allowances.

g) Allowances and subsidies for working in areas with extremely difficult socio-economic conditions:

Conditions, time and level of benefits are as prescribed in Decree No. 116/2010/ND-CP dated December 24, 2010 of the Government on policies for cadres, civil servants, public employees and beneficiaries in the armed forces working in areas with extremely difficult socio-economic conditions.

3. Raise the salary level, raise the category for defense workers

a) Raise salary level:

After 2 years (full 24 months) keep salary level for people with salary coefficient of 3.95 or less and after 3 years (full 36 months) keep salary grade for people with salary coefficient over 3.95, always complete the assigned work, do not violate the discipline from reprimand and up and meet the prescribed technical rank standards, they will be considered for a salary increase.

During the time limit for considering raising the salary grade, if being disciplined in the form of reprimand, the time limit for raising the salary level shall be extended for 6 months; if they are disciplined in the form of warning or more, the time limit for raising the salary level shall be extended to 12 months.

In case of making particularly outstanding achievements in performing tasks, the salary level may be raised up to 12 months before the deadline or outstanding.

b) Lifting type:

National defense workers well or excellently fulfill their assigned responsibilities and tasks, have good political and moral qualities, and have the ability to take on higher positions in the same industry, profession, or technology. If you have an appropriate degree, you will be considered or qualified for an exam.

Thus, if you are a national defense worker who is in the period of consideration for salary increase and is disciplined in the form of reprimand, the time limit for prolongation of salary grade promotion duration will be extended for 6 months in Vietnam.

Is it possible for national defense workers to arrange and transfer salary in combination with salary or grade promotion in Vietnam?

According to Article 4 of Decree 19/2017/ND-CP stipulating salary transfer and arrangement for national defense workers as follows:

1. Principle of salary transfer and arrangement

When changing the salary rank, it is not allowed to combine with raising the salary grade or raising the salary grade and grade.

2. Change salary transfer and arrangement

The transfer of salary from the current salary coefficient to the salary coefficient specified in the Payroll for national defense workers promulgated in the Appendix to this Decree is based on the working time with social insurance premiums (if any). If the period of intermittent social insurance payment has not yet enjoyed the lump-sum social insurance allowance regime, it shall be accumulated), suitable to the job position and specified at Point a, Clause 3, Article 3 of this Decree.

In case the newly ranked salary coefficient plus the extra seniority allowance (if any) is lower than the current salary coefficient plus the extra seniority allowance (if any) and defense and security service allowance then they are entitled to a reserve differential coefficient equal to the sum of their salary coefficients, excess seniority allowances (if any) and allowances for serving national defense and security. The reserve differential coefficient decreases gradually when the salary level is raised.

According to this Article, your colleagues who are national defense workers will not be able to combine salary or grade promotion when transfer and arrangement for salary grades in Vietnam.

Are seniority allowances of national defense workers used to calculate social insurance contributions in Vietnam? 

Article 5 of Decree 19/2017/ND-CP stipulates seniority allowance for national defense workers and public employees as follows:

1. Allowance level

National defense workers and public employees who have served in the army's permanent force for full 5 years (60 months) are entitled to a seniority allowance equal to 5% of their current salary plus allowances for leadership and auxiliary positions. seniority level beyond the bracket (if any); from the sixth year onwards each year (12 months) is charged an additional 1%.

The seniority allowance is calculated and paid in the same monthly salary period and is used to calculate and enjoy social insurance, health insurance, unemployment insurance and insurance for occupational accidents and diseases.

2. Allowance calculation period

a) The period of service in the standing army of the army;

b) The period of enjoying seniority allowance in other industries and professions shall be accumulated with the time specified at Point a of this Clause to calculate the enjoyment of seniority allowance.

3. Time without allowances

a) The period of personal leave without pay is continuously from 01 month or more;

b) The period of sick and maternity leave exceeds the time limit prescribed by the law on social insurance;

c) The period of being postponed from work or being held in custody or temporary detention in service of investigation, prosecution and adjudication.

Thus, the seniority allowance of national defense workers is used to calculate the payment and enjoyment of social insurance, health insurance, unemployment insurance and occupational accident and disease insurance in Vietnam.

Best regards!