Special allowances for the Guards under the Ministry of National Defense in Vietnam 2023

Special allowances for the Guards under the Ministry of National Defense in Vietnam 2023(Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Subjects of application of special allowances to the Guards of the Ministry of National Defense in Vietnam

According to Article 2 of Circular 162/2018/TT-BQP, the beneficiaries of special allowances for the Guards of the Ministry of National Defense include:

(1) Professional officers and soldiers on staff at the Guard Division of the Military Security Protection Department, General Department of Politics.

(2) Professional officers and soldiers who are decided by competent authorities to increase their duty according to their titles prescribed in the Guard Division of the Military Security Protection Department, the General Department of Politics, for a period of 01 month or more.

(3) Relevant organizations and individuals.

2. Special allowances for the Guards under the Ministry of National Defense in Vietnam 2023

The specific allowances for the Guards under the Ministry of National Defense according to Clause 1, Article 3 of Circular 162/2018/TT-BQP are as follows:

The subjects specified in (1), (2), section 1 are entitled to one of 4 special allowances, including: 30%, 25%, 20% and 15% are calculated on the salary of military ranks for officers or types, groups, and grades for professional soldiers; As follows:

- The 30% allowance applies to:

+ Officers, professional soldiers guarding the performance of the following tasks: Security access; protecting international visitors to visit and work in Vietnam; patrolling and guarding at residences, workplaces, key areas, and particularly important events as prescribed;

+ Officers holding the position of leader and commander of the Guard Division and the Professional Guards Team;

+ Officers with a military rank of lieutenant or a professional soldier with a salary equivalent to an officer with the rank of lieutenant or lower.

- The 25% allowance applies to:

+ Professional police officers and soldiers performing the following tasks: approaching security vehicle drivers, driving professional vehicles, guiding and escorting; testing for explosives, combustibles, radioactive substances, or other dangerous objects, toxicology testing; combat; Reconnaissance; information for protection work; special force; mobility;

+ Officers with the rank of Lieutenant, Captain, or professional soldier with a salary equivalent to an officer with the rank of Lieutenant, Captain (except for the case guided at Point a, Clause 1, Article 3 of Circular 162/2018/TT-BQP).

- The 20% allowance applies to:

+ Professional officers and soldiers guarding and directly serving the leaders of the Party, State and Central Committee of the Vietnam Fatherland Front;

+ Officers with the military rank of Major or professional soldiers with a salary equivalent to an officer with the rank of Major or higher
(except for the case guided at Points a and b, Clause 1, Article 3 of Circular 162/2018/TT-BQP).

- The 15% allowance applies to professional guard officers and soldiers who are not subject to the instructions at Points a, b, and c, Clause 1, Article 3 of Circular 162/2018/TT-BQP.

3. Principles of making special allowances for the Guards under the Ministry of National Defense in Vietnam

Principles of making special allowances for the Guards under the Ministry of National Defense according to Article 4 of Circular 162/2018/TT-BQP are as follows:

- Special allowances guided in Circular 162/2018/TT-BQP are paid in the same monthly salary period and are not used to calculate payment and enjoy social insurance and health insurance regimes.

- Professional police officers and soldiers who are subject to any particular allowance shall enjoy the specific allowance prescribed for such subjects. In cases where an object is eligible to enjoy many different levels of special allowance, only one is entitled to the highest level of benefit.

- When being assigned or appointed by a competent authority to act as a security guard for 01 month or more, they are entitled to a special allowance regime and are counted from the month the decision is made.

- When changing the working position or military rank for officers or salary for professional soldiers, from which month will they be entitled to a specific allowance according to their working position, military rank, or corresponding salary from that month.

- Subjects guided in (1) and (2) item 1 are not entitled to special allowances in the following cases:

+ When there is a decision to retire (retirement to prepare for retirement), change profession, serve, demobilize or transfer or transfer to another agency or unit that does not perform security duties, the subjects shall stop receiving the special allowance from the month following the month where the decision is made;

+ Time to go on a business trip, work, or study abroad for 30 consecutive days or more as prescribed in Clause 4, Article 8 of Decree 204/2004/ND-CP on the salary regime for cadres, civil servants, public employees, and the armed forces;

+ The duration of concentrated study at domestic and foreign training institutions is from 3 months or more;

+ The period of sick and maternity leave exceeds the time prescribed by the Law on Social Insurance;

+ Time suspended from work.

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