Proposal for leave regime for officers, professional soldiers, workers and defense officials

The draft proposes that soldiers, workers and defense officials enjoy the following leave benefits:

a) Daily rest outside working hours;

b) Weekly rest;

c) Annual leave;

d) Special leave;

d) Holidays;

e) Nursing leave;

g) Retirement preparation leave.

When implementing the above leave regimes, soldiers, workers and defense officials are allowed to leave the barracks; and are entitled to receive salary and allowances (if any) according to current regulations.

In addition to the above leave regimes, soldiers, workers and defense officials are entitled to leave due to sickness, maternity, work-related accidents and occupational diseases according to the provisions of the law on social insurance and occupational safety and hygiene.

The draft also clearly states: For soldiers, workers and defense officials taking annual leave or special leave, travel time is not counted in the number of days off.

In cases where, due to duty requirements, soldiers, workers and defense officials are not arranged for annual leave or have not taken all the annual leave days as prescribed, in addition to salary, they will be paid an additional amount equal to salary for the days not taken off.

Daily rest outside working hours

Military personnel, workers and defense officials are entitled to daily rest outside of working hours. The commander of a unit at the regimental level or equivalent or higher shall promulgate regulations on daily rest outside of working hours, ensuring combat readiness and task performance; in accordance with the characteristics of the situation and tasks of the agency, unit, circumstances and conditions of the subjects under its management; ensuring safety when participating in traffic.

Weekly break

Every week, soldiers, workers and defense officials are given Saturday and Sunday off. When the unit is performing training or combat readiness tasks or due to other mission requirements, the regimental commander and equivalent or higher, based on the specific situation of the unit, organizes the implementation of a suitable weekly rest regime.

Annual leave

1. Military personnel, workers and defense officials are entitled to annual leave as follows:

a) Less than 15 years of work are entitled to 20 days off;

b) From 15 years of work to less than 25 years of work, 25 days off are given;

c) 25 years of work or more are entitled to 30 days off.

2. Soldiers, workers and defense officials stationed in units far from their families (place of residence of their spouse; biological children, legally adopted children; parents, legal guardians of themselves, their spouse or their children) when taking annual leave are entitled to additional leave:

a) 10 days in one of the following cases:

Stationed 500 km or more away from home;

Stationed in areas with especially difficult socio-economic conditions; remote areas, border areas 300 km or more away from home.

Stationed on islands in the Spratly Islands and DK Platform.

b) 05 days for one of the following cases:

Stationed 300 km to less than 500 km away from home;

Stationed in remote, isolated, or border areas with a regional allowance coefficient of 0.5 or higher and located 200 km to less than 300 km from home.

Stationed on the islands are entitled to regional allowances.

3. Every year, agencies and units from the regimental level and above shall plan for leave for soldiers, workers and defense officials, depending on the nature and requirements of the unit's tasks to determine the appropriate leave rate, regularly ensuring combat readiness and task completion. For academies and schools, military personnel, workers and defense officials shall be given concentrated leave during the summer and Lunar New Year.

Special leave

In addition to annual leave, soldiers, workers and defense officials are entitled to special leave, not exceeding 10 days each time, if they fall into one of the following cases:

Marriage of oneself or of biological or legally adopted children.

The family encounters sudden difficulties due to the wife or husband; biological or legally adopted children; father, mother, or legal guardian of the self, wife, or husband being seriously ill, having an accident, being sacrificed, passing away, or suffering serious property damage due to natural disasters, fires, or dangerous epidemics.

Closed on holidays

Every year, soldiers, workers and defense officials are given holidays and Tet holidays according to the provisions of the Labor Code and the founding day of the Vietnam People's Army - National Defense Day (December 22).

For units performing training and combat readiness tasks or due to mission requirements, the above-mentioned holidays are implemented by regimental-level commanders and equivalent or higher based on the unit's mission situation.

Nursing leave

Military personnel, workers and defense officials are entitled to nursing leave according to the provisions of Circular No. 179/2013/TT-BQP dated September 17, 2013 of the Minister of National Defense stipulating the functions, tasks, organization, management of nursing units and nursing regime in the Army.

Retirement leave

Soldiers, workers and defense officials who have decided to retire and are entitled to pre-retirement leave, if they have working time up to the time of pre-retirement leave:

a) From 15 years of work to less than 20 years, 6 months of leave is granted;

b) From 20 years of work to less than 25 years, 9 months of leave are given;

c) 12 months of leave after 25 years of service.

The draft clearly states: The time off to prepare for retirement, soldiers, workers and defense officials are paid and counted as time participating in social insurance.

Soldiers, workers and defense officials who wish to retire immediately (not taking pre-retirement leave or not taking enough time as prescribed) will receive the salary difference due to not taking pre-retirement leave according to current regulations when transferring out; except for those who are entitled to a one-time allowance due to retiring before the prescribed age.

During the pre-retirement leave, if a person is diagnosed with a serious illness, an illness requiring long-term treatment, or a mental illness, the provisions of Circular No. 157/2013/TT-BQP dated August 26, 2013 of the Minister of National Defense on management, treatment, care, and policy settlement for soldiers, workers, defense officials, and people working in key organizations managed by the Army who are diagnosed with a serious illness, an illness requiring long-term treatment, or a mental illness, and implementing guidelines, shall apply.

Register and manage leave

Soldiers, workers and defense officials who wish to take leave must register with the personnel management agency about the time, duration, reason and place of leave for synthesis and reporting to competent authorities for settlement and management according to regulations.

During leave, soldiers, workers and defense officials are responsible for registering with the People's Committee at the grassroots level where they are on leave.

Authority to resolve leave regimes

The authority to resolve the proposed leave regimes is as follows:

a) Regiment commanders, regimental political commissars and equivalent or higher shall resolve issues for soldiers, workers and defense officials under their authority;

b) Officers holding positions from Regiment Commander, Regimental Commissar and equivalent or higher are directly decided by the commander or political commissar at the higher level.

In the case of retirement preparation, the authority to resolve is as follows:

a) For officers, follow the Regulations on personnel work in the Vietnam People's Army of the Central Military Commission.

b) For professional soldiers, workers and defense officials, follow the regulations of the Minister of National Defense.

Suspend vacation mode

The draft also clearly states: When there is a mobilization order, in wartime and in a state of national defense emergency, the Minister of National Defense shall order the suspension of the leave regime; soldiers, workers and defense officials who are on leave as prescribed in this Circular must return to their units.

When a unit has an urgent or special task, the commander at any level with the authority to resolve the leave regimes prescribed in Clause 1, Article 3 of this Circular has the right to call soldiers, workers and defense officials back to the unit to perform the task.

The Ministry of National Defense is soliciting comments on this draft on the Ministry of National Defense's Electronic Information Portal.

Snow Song

Source: https://baochinhphu.vn/de-xuat-che-do-nghi-cua-si-quan-quan-nhan-chuyen-nghiep-cong-nhan-va-vien-chuc-quoc-phong-102250422141618064.htm