Proposal to adjust the daily allowance for labor of militia and self-defense forces

The Ministry of National Defense is drafting a Decree amending and supplementing a number of articles of Decree No. 72/2020/ND-CP detailing a number of articles of the Law on Militia and Self-Defense Forces on force organization and building and regimes and policies for Militia and Self-Defense Forces.

The Ministry of National Defense said that after nearly 3 years of implementing Decree No. 72/2020/ND-CP of the Government detailing a number of articles of the Law on Militia and Self-Defense Forces on the organization and building of forces and regimes and policies for Militia and Self-Defense Forces and documents guiding the implementation of the Law on Militia and Self-Defense Forces, many important results have been achieved, contributing to improving the overall quality, combat readiness and coordination of the Militia and Self-Defense Forces, which have been highly appreciated by local Party committees and authorities. However, some regulations on regimes and policies for Militia and Self-Defense Forces in Decree No. 72/2020/ND-CP have revealed a number of difficulties and inadequacies.

Specifically, the level of benefits and policies in Decree No. 72/2020/ND-CP is stipulated by a specific amount of money calculated by a coefficient multiplied by the basic salary (VND 1,490,000) stipulated in Decree No. 38/2019/ND-CP of the Government stipulating the basic salary for civil servants, public employees and armed forces. Meanwhile, according to the provisions of Decree No. 24/2024/ND-CP, from July 1, 2023, the basic salary will increase to VND 1,800,000. Therefore, the level of benefits, subsidies and some policies and regimes for militia and self-defense forces need to be adjusted accordingly.

Decree No. 72/2020/ND-CP stipulates that the minimum daily allowance for militia is 119,200 VND (equal to the basic salary of 1,490,000 VND multiplied by a coefficient of 0.08); higher levels are decided by the Provincial People's Council. In reality, localities currently guarantee from 119,200 VND to 250,000 VND/person/day. Meanwhile, the average daily income for ordinary laborers in the locality is about 250,000 VND to 350,000 VND/person/day. On the other hand, the allowance for families and military rank allowances for non-commissioned officers and reserve soldiers when mobilized to perform tasks ranges from 262,000 VND to 280,100 VND/person/day (depending on the rank and rank of non-commissioned officers and reserve soldiers).

Thus, the daily allowance for militia labor is lower than the average daily income for ordinary laborers in the locality and the allowance for families of reserve soldiers when mobilizing for training, drills, and checking mobilization readiness and combat readiness.

The Deputy Commander of the Commune Military Command is a non-professional worker at the commune level and is entitled to: Monthly allowances according to the provisions of the law on cadres, civil servants, and non-professional workers at the commune, ward, and town level; Position allowance; Special military defense allowance; Seniority allowance. The total benefit of nearly 3,000,000 VND/month is still low, not enough to ensure a living, leading to the situation where many comrades have asked to resign (as of December 2022, nationwide, there are 498 Deputy Commanders of Commune Military Command who have resigned).

Regarding social insurance and health insurance for standing militia: At Point c, Clause 1, Article 34 of the Law on Militia and Self-Defense Forces and Clause 4, Article 12 of Decree No. 72/2020/ND-CP, it is stipulated that standing militia is the subject entitled to social insurance and health insurance like non-commissioned officers and soldiers of the Vietnam People's Army on active duty; the cost of purchasing social insurance and health insurance for standing militia is guaranteed by the locality.

However, Decree No. 72/2020/ND-CP has not yet specified the time, contribution level, benefit level, and agency responsible for ensuring social insurance and health insurance premiums; has not yet specified the identification code, the code for issuing health insurance cards, and has not yet stipulated that relatives of regular militiamen are entitled to health insurance like relatives of non-commissioned officers and soldiers on active duty, which is inconsistent, causing difficulties for localities in the implementation process.

The Law on National Defense and the Law on Militia and Self-Defense Forces stipulate that the militia and self-defense forces are part of the people's armed forces. Therefore, the activities of the militia and self-defense forces have a specific military defense nature. Decree No. 72/2020/ND-CP stipulates that the level of allowance for working days for militiamen when performing tasks is the same (except for tasks at sea).

In fact, in recent times, the militia has directly participated in counter-terrorism, hostage rescue, crime suppression, and dispersal of protests and riots; prevention and control of dangerous epidemics in areas at high risk of infection; rescue, search and rescue, firefighting, and disaster response in areas that are life-threatening. These are tasks with high requirements and complex nature, requiring timely mobilization, operating regardless of day or night in remote, isolated, border, and island areas, with harsh, dangerous, and especially dangerous environmental conditions that affect the health and lives of the militia. Meanwhile, the level of benefits and policies enjoyed by the militia when performing these tasks is the same as when performing normal tasks, and the nature, conditions, and environment are not suitable.

Regarding the training budget for the Commander of the Commune-level Military Command of the grassroots military sector: Clause 5, Article 37 of the Law on Militia and Self-Defense Forces stipulates the expenditure task of the Ministry of National Defense: "Training the Commander of the Commune-level Military Command of the grassroots military sector". Currently, the training budget is guaranteed by both the central budget and the local budget according to Decision No. 799/QD-TTg dated May 25, 2011 of the Prime Minister approving the Project on training military officers of the Military Command of communes, wards and towns at college and university levels in the grassroots military sector until 2020 and the following years. Localities implement the method of signing training contracts for the grassroots military sector with Army Officer School 1, Army Officer School 2 and Military Schools of military regions, Hanoi Capital Command; leading to a situation where the guarantee of training budget is inconsistent among localities; many localities do not have enough budget to liquidate training contracts. Decree No. 72/2020/ND-CP of the Government has not specifically stipulated the responsibility for ensuring the central and local budgets in training Commanders of the Commune-level Military Command of the grassroots military sector, causing difficulties for localities in determining the content and ensuring training costs.

Based on the above issues, it is necessary to issue a Decree amending and supplementing a number of articles of Decree No. 72/2020/ND-CP of the Government detailing a number of articles of the Law on Militia and Self-Defense Forces on the organization of force building and regimes and policies for Militia and Self-Defense Forces.

Increase allowances for 8 groups of militia and self-defense command positions

The draft Decree proposes that the allowance for the position of commander of the Militia and Self-Defense Forces be calculated and paid monthly, equal to the basic salary multiplied by the specific coefficient as follows:

Commander, Political Commissar of Commune-level Military Command; Commander, Political Commissar, Military Command of agencies and organizations: 0.24.

Deputy School Commander, Deputy Political Commissar of the Commune-level Military Command; Deputy School Commander, Deputy Political Commissar of the Military Command of an agency or organization; Battalion Commander, Battalion Political Commissar; Naval Commander, Naval Political Commissar; Naval Squadron Commander, Standing Militia Squadron Political Commissar; Company Commander, Mobile Militia and Self-Defense Force Company: 0.22.

Deputy Battalion Commander, Deputy Political Commissar of Battalion; Deputy Naval Commander, Deputy Naval Commander; Deputy Naval Squadron Commander, Deputy Political Commissar of Standing Militia Squadron; Deputy Company Commander, Deputy Political Commissar of Mobile Militia Company: 0.21.

Company Commander, Company Political Commissar; Squadron Commander, Squadron Political Commissar; Mobile Militia Platoon Leader, Regular Militia Platoon Leader: 0.20.

Village team leader: 0.12 and receive an additional 50% of the squad leader's position allowance when concurrently serving as a local militia squad leader, or 50% of the platoon leader's position allowance when concurrently serving as a local militia platoon leader. In case the village only organizes a local militia team, it will receive an additional 50% of the squad leader's position allowance.

Deputy Company Commander, Deputy Company Political Commissar; Deputy Squadron Commander, Deputy Squadron Political Commissar: 0.15.

Platoon Leader; Regular Militia Squad Leader: 0.12.

Squad Leader, Captain, Battery Leader: 0.10.

The draft Decree also proposes to increase the minimum monthly allowance for Village Team Leaders. Specifically, for Village Team Leaders, the monthly allowance level is decided by the Provincial People's Committee and submitted to the People's Council at the same level, but must not be lower than 0.5 times the basic salary.

Adjusting the norms to ensure daily labor allowance for the Militia and Self-Defense Forces

The draft Decree proposes to adjust the norms for ensuring daily labor allowances for the Militia and Self-Defense Forces as follows:

Firstly, for local militia, mobile militia, air defense militia, artillery, reconnaissance, information, engineering, chemical defense, and medical.

According to points a, b, clause 4, Article 1 of the draft Decree amending clause 1, Article 11 of Decree 72/2020/ND-CP on the norms for ensuring allowances for working days for on-site militia, mobile militia, air defense militia, artillery, reconnaissance, information, engineering, chemical defense, and medical forces as follows:

The level of labor day allowance is decided by the People's Committees of the provinces and submitted to the People's Councils of the same level, but not lower than 0.14 of the basic salary. In case the term of service in the Militia is extended according to the decision of the competent authority, the increased allowance level is decided by the People's Committees of the provinces and submitted to the People's Councils of the same level, but not lower than 50% of the current labor day allowance.

Militiamen when performing tasks of counter-terrorism, hostage rescue, crime suppression, dispersal of protests, riots, prevention of dangerous epidemics in high-risk areas, rescue, firefighting, disaster response in areas dangerous to life according to the decision of competent authorities shall enjoy the level of labor day allowance as decided by the People's Committee of the province submitted to the People's Council of the same level and shall enjoy an additional level of not less than 50% of the current labor day allowance.

Regular meal allowances and additional meal allowances for holidays and Tet are enjoyed as prescribed for non-commissioned officers and infantry soldiers on active duty in the Vietnam People's Army.

When performing duties far from the place of residence and not being able to travel back and forth every day, they will be provided with food and accommodation, guaranteed means of transport, travel expenses or paid for a round trip like commune-level cadres and civil servants.

Second, for the maritime militia.

Pursuant to points c and d, Clause 4, Article 1 of the draft Decree amending Clause 2, Article 11 of Decree 72/2020/ND-CP on the norms for ensuring allowances for working days for maritime militia as follows:

When performing duties, except for the task of fighting to protect islands and sea areas. The level of allowance for working days is according to the provisions in Point a, Clause 4, Article 1 of the draft Decree; the level of food allowance when the ship is anchored at sea is also the same as for non-commissioned officers and naval soldiers on type 3 ships.

When performing the task of fighting to protect islands and seas. The daily labor allowance per person per day is equal to 0.25 of the basic salary, and the daily food allowance per person per day is equal to 0.1 of the basic salary.

For captains, chief engineers, drivers, and mechanics, the responsibility allowance is calculated based on actual days of work at sea each day equal to 0.08 of the basic salary.

Wisdom

Source