What are the regulations on guarantee regime for second-class reserve soldiers during training and exercises in Vietnam? - Ngoc Hung (Long An)
Guarantee regime for second-class reserve soldiers during training and exercises in Vietnam (Internet image)
Regarding this issue, LawNet would like to answer as follows:
Requirements for training second-class reserve soldiers according to Article 12 of Decree 14/2016/ND-CP are as follows:
Training of second-class reserve soldiers must be for the right subjects, in sufficient quantity and time, with the right content and program prescribed for each subject; in accordance with the requirements and tasks of building a mobilized and combat-ready reserve force of the People's Army.
For regimes and policies to ensure second-class reserve soldiers during the period of focused training, drills, and checks on mobilization readiness and combat readiness according to Article 16 of Decree 14/2016/ND-CP during the time of concentrated training, rehearsals, and testing of mobilization readiness and combat readiness (hereinafter referred to as concentrated training time), the second-class reserve soldiers enjoy the following regimes and policies:
(1) Allowance regime
- For second-class reserve soldiers receiving salaries from the state budget during the training period, the agency or organization at work will pay full salary and allowances, benefits, travel allowances, and transportation fares according to the current regime for civil servants and public employees on business trips.
Any agency or organization receiving salary from any budget source will be guaranteed by that budget source;
- Second-class reserve soldiers belonging to other categories are paid an allowance by the military unit that organizes the training equal to the military rank allowance for the first two years of non-commissioned officers and active duty soldiers with the same military rank; second-class reserve soldiers who do not yet have a military rank are entitled to military rank allowances according to their rank as private soldier; The time for calculating allowances is as follows:
If the concentration period is from 05 days to 15 days, you will be entitled to a 1/2-month allowance; if the concentration period is from 16 days to 31 days, they will be entitled to a one-month allowance; if the concentration period is over 31 days, the allowance level will continue to be enjoyed as prescribed from the beginning; be provided with transportation fares and travel allowances as for non-commissioned officers and soldiers in active duty.
(2) Military equipment standards, medical assurance, and daily necessities
Second-class reserve soldiers who spend 5 days or more in training in one session are provided or borrowed military equipment, medical care, and daily necessities according to the current regulations of the Ministry of National Defense.
(3) Food standards
Second-class reserve soldiers are entitled to the same food standards as non-commissioned officers and active-duty soldiers during their training period.
(4) Family allowance during training period
- Second-class reserve soldiers are receiving salaries and wages from agencies and organizations, participating in mandatory social insurance, and their families are subsidized every day by a coefficient of 0.025 compared to the base salary according to Government regulations (hereinafter referred to as the base salary) at the time of training;
- Second-class reserve soldiers do not receive salaries or wages from agencies or organizations; they do not participate in mandatory social insurance; and their families receive a daily allowance equal to a coefficient of 0.05 compared to the base salary at the time of training.
(5) Regimes and policies in case of illness, accident, injury, or death
- Second-class reserve soldiers participating in mandatory social insurance and health insurance: During the training period, if they are sick, have an accident, are injured, or die, they are entitled to the benefits according to the provisions of the law on social insurance and health insurance;
- Second-class reserve soldiers who have not yet participated in social insurance or health insurance during their training period, if they are sick, have an accident, are injured, or die, are entitled to the following benefits:
+ If you are sick and have to be taken to the hospital, you will be treated at a military hospital or a civilian hospital. During the treatment period, second-class reserve soldiers are entitled to medical examination and treatment like non-commissioned officers and active-duty soldiers.
At the end of the training period, if they require further treatment, during the additional treatment period, a portion of food, medicine, and treatment costs will be supported each day, equal to 0.1 month's base salary based on the actual number of days of treatment, but no more than 15 days. If illness leads to death, the person taking care of the funeral will receive a one-time allowance equal to 5 months of base salary in the month of death.
+ In case of a dangerous accident at the training site and during training hours, outside the training site or outside of training hours as ordered by competent authorities, on the route to and from the place of residence to the training site within a reasonable period of time and route, second-class reserve soldiers are treated at military hospitals or civilian hospitals until their wounds recover.
During the treatment period, you will enjoy the same examination and treatment regime as non-commissioned officers and active soldiers. If the working capacity decline is from 5% to 21%, you will receive a one-time subsidy equal to 12 months of base salary; if the decline is from 22% to 80%, for every additional 1% decrease, they will receive an additional benefit equal to 0.4 months of base salary; If the employee has a decline of 81% or more, they will receive a one-time subsidy equal to 60 months' base salary.
If an accident leads to death, the second-class reserve soldiers' relatives will receive a one-time allowance equal to 36 months' base salary, and the person taking care of the funeral will receive a funeral allowance equal to 10 months' base salary in the month of death.
- Second-class reserve soldiers who are injured or die during the training period are considered by competent authorities, and if they qualify as invalids or martyrs, they are entitled to benefits according to the law on incentives for people with meritorious services to the revolution; they are entitled to a one-time subsidy equal to 36 months' base salary for war invalids, and 60 months' base salary for relatives of martyrs.
- In case of death due to a recurrence of injuries during the training period, the person in charge of the funeral will receive a funeral allowance equal to 10 months of base salary in the month of death;
- In the cases of second-class reserve soldiers specified in Points a, b, and c, Clause 5, Article 16 of Decree 14/2016/ND-CP, if they die, their funerals will be held according to military protocol prescribed by the Ministry of National Defense;
(6) Funding to ensure regimes and policies specified in Point b, Clause 1, Clause 2, Clause 3, Points b and Point c (one-time subsidy funding for war invalids and martyrs' relatives) Clause 5, Article 16 of Decree 14/2016/ND-CP is paid by the military unit focusing on training and settled into the defense budget if it is a regular army unit, settled into the local budgetif it is a local army unit.
Funds to ensure regimes and policies specified in Clause 4, Point d, Clause 5, Article 16 of Decree 14/2016/ND-CP are paid by the district-level Military Command and settled into the local budget.
(7) Second-class reserve soldiers working in agencies and organizations, if they are on annual leave and are called to focus on training, will be allowed to continue taking the remaining days off or at an appropriate time.
If the training time coincides with the exam time for worker promotion, civil servant promotion, semester-end exam, or course-end exam and has a certificate from the place of work, study, or special difficulties requiring a certificate from the commune-level People's Committee of the place of residence, then the second-class reserve soldiers will be able to postpone their training for that period.
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