What are cases of leave suspension of military officers in Vietnam?

What are cases of leave suspension of military officers in Vietnam? (Internet image)

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

1. Annual leave policy for military officers in Vietnam

According to Article 4 of Circular 153/2017/TT-BQP, the annual leave regime is as follows:

(1) Officers are entitled to annual leave as follows:

- Under 15 years of work are entitled to 20 days off;

- From 15 years of service to less than 25 years of service, you are entitled to 25 days off;

- From 25 years of work or more, you are entitled to 30 days off.

(2) Officers in military units stationed far away from their families (spouses; biological children; legally adopted children; parents (both husband's and wife's sides; legal guardians)) when taking annual leave are entitled to additional leave:

- 10 days for the following cases:

+ Stationed 500 km or more away from family;

+ Stationed in remote areas, border areas 300 km or more away from family;

+ Stationed on islands in the Truong Sa and DK archipelagos.

- 05 days for the following cases:

+ Stationed from 300 km to less than 500 km away from family;

+ Stationed in remote, remote, or border areas 200 km or more away from family and with an area coefficient of 0.5 or more;

+ Stationed on islands and entitled to regional allowances.

(3) If an officer specified in Clause (2) cannot take annual leave due to duty requirements, the unit commander will consider and decide to allow the officer under his/her authority to take leave to compensate for the previous year.

In special cases where, due to the unit's mission requirements, officers are still unable to take leave, they will be paid salaries for days not yet taken on annual leave according to the provisions of Circular 153/2017/TT-BQP.

Note: Travel time does not count towards annual leave days.

Every year, command units at the regimental level and equivalent or higher, based on the unit's combat readiness, training, and work tasks, plan for officers to take leave, with the regular leave rate not exceeding 15% of the unit's total number of officers. Non-combat units are ready to perform, depending on the nature and requirements of the mission. Academies and schools mainly arrange leave for officers during the summer.

2. What are cases of leave suspension of military officers in Vietnam?

Pursuant to Article 11 of Circular 153/2017/TT-BQP, military officers must suspend leave in the following cases:

- When there is an order declaring a state of emergency throughout the country, a general mobilization order, or a local mobilization order, all officers on leave as prescribed in Circular 153/2017/TT-BQP must immediately return to their units.

- When the President announced a state of war, the Minister of National Defense ordered the suspension of leave benefits for officers.

- When a unit has an urgent or special mission, commanders at any level with the authority to place an officer on leave have the right to call the officer back to the unit to perform the task.

Thus, if they fall into the above cases, military officers will have to suspend their leave regime.

3. Authority to resolve leave for officers in Vietnam

- The authority to grant officers annual leave, special leave, public holidays, nursing leave, and weekly leave is as follows:

+ Regimental commanders, regimental political commissars, and equivalent or higher deal with subordinate officers under their authority.

+ Officers holding positions ranging from regiment commander to regimental political commissar and equivalent or higher are directly decided by the commander or political commissar of the superior level.

- The authority to handle the retirement of active duty officers and prepare for retirement shall comply with the Regulations on Cadet Work in the Vietnam People's Army of the Central Military Commission.

(Article 10 of Circular 153/2017/TT-BQP)

Nguyen Ngoc Que Anh

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