Vietnam: New points on leave regime of military personnel and defense officers from October 10, 2021

Vietnam: New points on leave regime of military personnel and defense officers from October 10, 2021 (Artwork)

From October 10, 2021, when Circular 109 officially takes effect, the leave regimes of professional soldiers, workers, and defense officers will have many changes. As follows:

**Weekly off

Every week, professional soldiers, workers, and defense officers have Saturday and Sunday off. For units performing training, combat readiness, or mission requirements, commanders of regimental level or higher based on the task situation of the unit will decide the appropriate weekly leave.

Currently, according to the provisions of Vietnam's Circular 113/2016/TT-BQP, for the above-specific units, the weekly rest is arranged by the competent unit commander for compensatory rest on other days of the week. .  Thus, there has been a change in the authority to issue compensatory leave for professional military personnel,workers,s and defense personnel of these specific units.

**Annual leave

From October 10, 2021, professional soldiers, workers, and defense officers stationed in units far from their families in remote, isolated, and border areas 300 km or more away from their families are entitled to an extra 10 days of annual leave.

Currently, military personnel, workers, and defense officers stationed in remote areas or border areas 300 km to 500 km away from their families are only entitled to an additional 5 days of annual leave.

In particular, in cases where, due to mission requirements, professional soldiers, national defense workers, and employees are not allowed to take annual leave from their units or have not taken all the annual leave as prescribed, from October 10, 2021, the unit commander will consider and decide to take the previous year's compensatory leave instead of enjoying the regime specified in Clause 1, Article 38 of the Law on professional soldiers, workers, and defense officers.

In particular cases where the unit commander still cannot arrange to take leave, professional soldiers, workers, and defense officers may consider and pay salary for the number of days not taking annual leave according to regulations specified in Clause 3, Article 2 of Vietnam's Circular 13/2012/TT-BQP.

**Leave to prepare for retirement

Professional soldiers, workers, and defense officers who are eligible to retire on October 10, 2021, if they wish to take leave to prepare for retirement (with immediate pension)  or do not have enough time to arrange it: When they retire, they shall be entitled to the difference between the salary of the last month before receiving a pension and the first month's pension for the number of months without retirement.

Professional soldiers, workers, and defense officers, when taking leave to prepare to retire at home, must register the time off with the People's Committees of communes, wards, and townships in accordance with the Law on Residence.

Currently, Vietnam's Circular 113/2016/TT-BQP does not have this provision.

During the period of retirement, if suffering from a serious illness, a disease requiring long-term treatment, or a mental illness, Vietnam's Circular 157/2013/TT-BQP shall be applied

Bao Ngoc

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