Chief Military Commander at Commune Level Who Is Dismissed Must Reimburse Training Costs

On your issue, the Editorial Board of LAW SECRETARY provides the following explanation:

Your case is regulated by Circular 87/2011/TT-BQP, which guides the implementation of the Scheme on training military officers for the district-level military command such as associate's and bachelor's degrees in local military work until 2020 and subsequent years, as per Decision 799/QD-TTg issued by the Ministry of National Defense.

To be specific, according to Clause 8 Article 15 of this Circular, trainees (including Commanders and Deputy Commanders of the commune military command board) must reimburse scholarships and training costs in the following cases:

- Disciplined and forced to discontinue studies or voluntarily discontinuing studies without a legitimate reason;- Failing to comply with the job assignment by the competent authority;- Disciplined and not assigned a job after graduation or dismissed while serving the job assignment.

Your dismissal while serving the job assignment of the agency falls under the category requiring reimbursement of training costs.

However, according to Clause 8 Article 15 of Circular 87/2011/TT-BQP, the reimbursement amount and the method of calculating the reimbursement for scholarships and training costs are specified in Article 13 of Decree 134/2006/ND-CP dated November 14, 2006, from the Government of Vietnam stipulating policies on sending students to schools for higher education, college, and intermediate level within the national education system. Specifically, it is calculated by the following formula:

TPS = _________ x (SB+TC) x n

T-t

Where:

- T is the period the individual sent for training must comply with the job placement decision;- t is the period the individual sent for training has complied with the job placement decision;- TPS is the total amount to be reimbursed;- SB is the scholarship the student received in one year;- TC is the training cost for the student in one year;- n is the number of years the student studied under the sending policy.

In this case, you have served for a period after receiving the training, so this period will be deducted when calculating the total amount to be reimbursed. Thus, the agency's request for you to reimburse the entire training cost is unsatisfactory.

Hai Thanh

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