The individual subject to temporary suspension from work, temporary detention, or temporary custody under the management of the Ministry of National Defense during investigation, prosecution, and trial, regardless of rank or position, is entitled to certain policies regarding meals, salary, and allowances.
Circular 219/2013/TT-BQP stipulates the policies applicable to individuals under temporary detention or custody as follows:
- Dietary Regimen: Individuals under temporary detention or custody at detention centers, temporary detention centers, and temporary custody houses managed by the Ministry of National Defense are entitled to benefits:- Regular meals;- Meals on holidays and New Year; and- Rice price compensation- Salary and Allowances:
Circular 219 clearly states that individuals subjected to temporary suspension from work, temporary detention, or custody under the management of the Ministry of National Defense for the purposes of investigation, prosecution, or trial shall be advanced 50% of their salary from the previous month by the directly managing agency or unit during the period of suspension, detention, or custody. This includes:
Rank salary grade/category PLUS leadership position allowance, exceeding frame seniority allowance, professional seniority allowance, and salary differential ratio if applicable, or 50% of the rank allowance from the previous month if the individual receives rank allowance.
For individuals temporarily suspended from work, detained, or in custody and not subject to disciplinary action or are concluded to be wrongfully accused and subsequently returned to their unit, the directly managing agency or unit shall settle payments as follows:
- For individuals receiving salary: Monthly salary settlement includes:
The rank salary grade/category PLUS leadership position allowance, exceeding frame seniority allowance, professional seniority allowance, and salary differential ratio if applicable, minus the amount advanced and the food allowance during detention or custody if applicable.
- For individuals receiving rank allowance:
Payment of the remaining 50% of the rank allowance and the difference in meal allowance between the basic infantry meal allowance and the received meal allowance during detention or custody.
Individuals temporarily suspended from work, detained, or in custody, who are subjected to disciplinary action or are declared guilty by the court, are not required to return the advanced salary or rank allowance and are not entitled to the remaining 50% of the salary or rank allowance during the period of detention or custody.
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