Are enlistees in Vietnam entitled to official duty allowances?

Are enlistees in Vietnam entitled to official duty allowances?

Pursuant to Clause 1 Article 2 of the Decree 34/2012/NĐ-CP stipulating entities entitled to official duty allowances as follows:

1. Cadres, public officials and persons receiving salaries or rank allowances from the state budget in Article 1 of this Decree include:

a) Cadres specified in Clause 1 Article 4 of the Law on Cadres and Public Officials;

b) Public officials specified in Clause 2 Article 4 of the Law on Cadres and Public Officials and Articles 3, 4, 5, 6, 7, 8, 9, 10 and 12 of the Government’s Decree No. 06/2010/ND-CP dated January 25, 2010; except for the public officials specified in Article 11 of the Decree No. 06/2010/ND-CP;

c) Cadres and public officials in communes, wards and district-level towns specified in Clause 3 Article 4 of the Law on Cadres and Public Officials and Article 3 of the Government’s Decree No. 92/2009/ND-CP dated October 22, 2009;

d) Persons working under employment contracts for state administrative agencies specified in the Government's Decree No. 68/2000/ND-CP dated November 17, 2000, persons working under employment contracts for the Communist Party agencies and socio-political organizations specified in the Decree No. 68/2000/ND-CP; except for the persons working under employment contracts for public service providers;

dd) Officers, non-commissioned officers, enlistees, defense workers, defense public employees and contract employees in the People's Army of Vietnam;

e) Officers, salaried enlistees, enlistees, soldiers serving in a given term; public security workers and employees, and contract employees in the People’s Police of Vietnam;

g) Persons working for cryptography organizations.

Above are regulations on enlistees who are entitled to official duty allowances in Vietnam.

What is the official duty allowance for enlistees in Vietnam?

Pursuant to Article 3 of the Decree 34/2012/NĐ-CP stipulating the official duty allowance for enlistees in Vietnam as follows:

Every person mentioned in Article 2 hereof is entitled to an official duty allowance that is equal to 25% of his/her current salary plus (+) the leadership allowance and extra-seniority allowance (if any) or rank allowance.

As regulations above, an enlistee shall be entitled to an official duty allowance that is equal to 25% of his/her current salary.

What are rules for application for official duty allowances in Vietnam?

Pursuant to Article 4 of the Decree 34/2012/NĐ-CP stipulating rules for application for official duty allowances in Vietnam as follows:

1. Official duty allowances shall be granted together with the monthly salary and not be used for determination of social insurance and health insurance premiums and payout.

2. Period of time not used for determination of official duty allowances:

A person specified in Article 2 of this Article shall not be entitled to official duty allowances:

a) while he/she is going on a mission, working or studying abroad, and he/she shall be entitled to 40 % of his/her salary as prescribed in Clause 4 Article 8 of the Government’s Decree No. 204/2004/ND-CP dated December 14, 2004;

b) if he/she takes unpaid leave for at least 01 consecutive month;

c) while he/she is taking unpaid leave and still receiving social insurance payout in accordance with regulations of law on social insurance;

d) while he/she is being suspended from his/her employment or kept in temporary detention.

3. Any person who stops working for the Communist Party agencies, regulatory bodies, socio-political organizations and armed forces will not receive official duty allowances from the next month.

4. Any person entitled to job-related allowances, responsibility allowances or specific allowances as prescribed by the competent authority is also entitled to official duty allowances specified in this Decree.

Above are rules for application for official duty allowances in Vietnam.

Best regards!