CIRCULAR Guide made a number of modes, policies toward self-defense militia and the estimating, Executive and budgetary settlement for the self-defense militia work _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law of self-defense militia on November 23, 2009;
Pursuant to Decree No. 58/2010/ND-CP of June 2010 the Government detailing and guiding the implementation of some articles of the law on self-defence militia;
Pursuant to Decree No. 104/2008/ND-CP dated 16 September 2008 of the Government functions, tasks, powers and organizational structure of the Department of Defense;
Pursuant to Decree No. 186/2007/ND-CP on December 25, 2007 of the Government functions, tasks, powers and organizational structure of the Ministry of labor, invalids and Social Affairs;
Pursuant to Decree No. 48/2008/ND-CP on April 17, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of the Interior;
Pursuant to Decree No. 118/2008/ND-CP on November 27, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of finance;
The Ministry of defence, the Ministry of labor, invalids and Social Affairs, the Ministry of the Interior and the Ministry of Finance shall guide the implementation of a number of modes, policies toward self-defense militia and the estimating, Executive and budgetary settlement for the self-defense militia as follows: article 1. The scope of this circular adjustment instructions on how to calculate the monthly allowance, the allowance, special allowance for senior defence, military, supporting the social insurance premiums for the command of the Deputy Commander of the military Board of the communes, wards and towns (hereinafter referred to as the social level), Captain; subsidy regime workdays, fostering mode toxic to self-defense militia, militant policy, record, record-setting responsibility recognized self-defense militia was the influence of policies such as the wounded, martyr; the estimating, Executive and budgetary settlement for the self-defense militia; responsible for managing the State of a number of ministries involved and the people's committees of provinces and cities under central (hereinafter referred to as the provincial level) in implementing the regime, policies for self-defense militias.
Article 2. Application object 1. Agencies of the State, organizations (political, socio-political organizations, business units, economic organization (hereinafter referred to as the Agency).
2. The Board of the communes, wards and towns (hereafter referred to collectively as the military Committee level to communes); The military Committee, ministerial-level agencies, government agencies, Central Party Committee, Congressional offices, the Office of the President, the State Auditor, the Supreme People's Procuratorate, the Supreme People's Court, the Central Agency of social-political organizations, corporations and the State Corporation by the Prime establishment (hereinafter referred is the military Committee, the Central sector); Ban military command bodies, held at the base.
3. the Village Chief.
4. Officers, self-defense militia soldiers core.
5. widespread self-defence militias when the missions were authorized under the provisions of article 44 of the law of self defence.
Article 3. How to calculate time monthly allowance of command-level military Committee to Deputy commune chief Country defined in art. 1, item 2 Article 38 of Decree 58/2010/ND-CP time monthly allowance from the date appointed by the decision, and has done so on only serving it; the event held from 15 days or more in the month is month allowance, held under a 15-day of the month shall be entitled to 50% of that month's allowance.
Example 1: comrade Nguyen Van A has decided to appoint Deputy command-level military Committee from August 2010. The general minimum wage at the time of the August 2010 is 730,000 Dong/month; the system of monthly allowance as defined in art. 1 Article 38 of Decree 58/2010/ND-CP is 1.0. Due in August 2010, A comrade on the 15-day holds, so 2010-allowance of A comrade is entitled is: 730,000 VND x 1.0 = 730,000 VND/month.
Article 4. How to calculate seniority allowance under the provisions of article 39 of Decree 58/2010/ND-CP of Commander, politics, politics of Assistant and Deputy command-level military Board with the continuous work time 5 years (full 60 months) from when appointing officials enjoy seniority allowance equal to 5% of current salary and stipend positions seniority allowance, exceeded the frame (if available) or monthly allowance currently enjoyed; from the sixth year onwards each year (full 12 months) added 1% until the left: it.
Example 2: Mr. Nguyen Van B has decided to appoint the Chief of the military command Board level from January 1, 2004; on July 1, 2010 to have continuous work time hold positions of command-level military command chief town is 6 years 6 months, affecting 6% allowance for seniority. Comrade B now 2.46 wage coefficient of degree 4 and rolled the turnover (01.004 code). The general minimum wage at the time of July 2010 is 7.30.000/month. So, seniority allowance in July 2010 of Comrade B enjoy are: 730,000 VND x 2.46 x 6% = 107,748/month.
Article 5. How to calculate the allowance of military defence, particularity as specified in article 40 of Decree 58/2010/ND-CP 1. Time to enjoy special allowance of military defense computer from, has decided to appoint to the finishing holds. The event held from 15 days or more during the month are entitled to special allowances, the military defense of the entire month; held under a 15-day of the month shall be entitled to 50% special allowance, the military defense of the month.
2. Calculation: a) special allowance Level of Defense, the military command's Deputy Military Commander Board granted the commune is calculated by 50% of the total allowance currently enjoyed, including: monthly allowance stipulated in art. 38 Article, management responsibility allowance, Commander of the units specified in point h paragraph 1 Article 37 seniority allowance, the provisions of article 39 of Decree 58/2010/ND-CP;
Example 3: comrade Nguyen Van C has decided to appoint Deputy command-level military Committee from 1 March 2005; to July 2010, Comrade C continuous work time is 5 years 4 months, enjoy the 5% allowance for seniority. The general minimum wage at the time of July 2010 is 730,000 Dong/month. Comrade C are entitled to the allowance system responsible for managing, Commander of the units as specified in point h paragraph 1 Article 37 of Decree 58/2010/ND-CP is 0.22 and monthly allowance as defined in art. 1 Article 38 of Decree 58/2010/ND-CP is 1.0. So, the special allowance of military defense in July 2010 of Comrade C enjoy are:-monthly allowance: 730,000 VND x 1.0 = 730,000 VND/month-management responsibility allowance, Commander of the unit: 730,000 160,600/month  copper x 0.22-seniority allowance: 730,000 VND x 5% = 36,500/month-special allowance of Defense military:, (copper + copper + 160,600 730,000 36,500) x 50% = 463,550/month b) special allowance, the military defense of the militia captains maneuver by 50% responsibility allowance specified in point c of paragraph 1 Article 37 of Decree 58/2010/ND-CP;
c) Central militia captains maneuver by the Village chief captain, then Village Chief was entitled to the allowance level responsible for managing, commanding units of the militia captains maneuver high coefficient of 0.20 prescribed in point c paragraph 1 Article 37 of Decree 58/2010/ND-CP of special allowance and defense military, is calculated using the 50% of the total allowance currently enjoyed, including: the monthly allowance of the Hamlet Chief as defined in item 2 Article 38, management responsibility allowance, commanding units of the militia captains maneuver Medium specified in point c of paragraph 1 Article 37 of Decree 58/2010/ND-CP;
Example 4: comrade Nguyen Van D has appointed captain and captain of the Hamlet militia maneuvers of the district the T L M Township from July 1, 2009; the system of monthly allowances of the Hamlet Chief according to the decision of the provincial people's Committee of T is 0.5; management responsibility allowance, commanding units of the Central militia captains maneuver is 0.20 prescribed in point c paragraph 1 Article 37 of Decree 58/2010/ND-CP. the general minimum wage at the time of July 2010 is 730,000 Dong/month. So, the special allowance of military defense in July 2010 of Comrade D enjoy:-monthly allowance: 730,000 VND x 0.5 = 365,000/month;
-Management responsibility allowance, Commander of the unit: 730,000 VND x 0.20 = 146,000/month;
-Special allowance of military defense: (365,000 copper + copper 146,000) x 50% = are 255,500/month.
Article 6. Social insurance support for command-level military Committee to Deputy commune Commander Deputy Military Commander Board granted the commune was the operation dedicated to the, if wishing to join voluntary social insurance in time served is local budget supports voluntary social insurance premiums in accordance with the law; level of support by the provincial people's Council decided upon the ability of the local budget.
Article 7. How to calculate the allowance regime militant labour 1. The level of subsidies on labour of the militia made from July 1, 2010 shall be calculated as follows: a) for sea-militants: labour day allowance is determined by the overall minimum wage due to government regulations multiplied on the labor support by the provincial people's Committee of the people's Councils at the same level the decision but not lower coefficient of 0.12 as defined in art. 48 self-defense militia Law Thing;
The case of the sea in time to do the tasks involved to protect the sovereignty, sovereign rights, waters of the Socialist Republic of Vietnam by decision mobilization of the authority specified in point a, b and c of paragraph 1 to article 44 of the law on self defence, then the level of subsidies on labour by the general minimum wage due to government regulation of human with 0.25 coefficient as defined in clause 2 Article 41 of Decree 58/2010/ND-CP.

b) for remaining militants: labour day allowance is determined by the overall minimum wage due to government regulations multiplied on the labor support by the provincial people's Committee of the people's Council decided at the same level, but not lower than 0.08 coefficient as defined in art. 2 Law 47 self-defense militia Thing;
2. the workdays of the militants is calculated by eight hours during the day as specified in paragraph 1 to article 68 sets of Labor Laws.
3. Grant workdays more now: a) If work overtime on a normal day, according to the provisions of art. 61 Thing Labor Laws, are calculated by 150% remuneration hours according to the level of subsidies on labour and the number of hours actually worked;
b) If overtime working day as defined in point b of paragraph 1 to article 61 The labor law, is calculated by 200% the wages the hours according to the level of subsidies on labour and the number of hours actually worked;
c) If overtime on holidays shall be calculated by 300% the wages of hours according to the level of subsidies on labour and the number of hours actually worked;
d) public money now on the labor rate is calculated by on subsidized rates the militant labour divided by 8 hours.
Example 5: comrade Pham Van T is the militia maneuvers of the commune district D, M the H to be competent to do the task on Thursday (July 2010); actual time on duty during the day is 12 hours, in which time is 4 hours of overtime; the level of subsidies on labour according to the decision of the Chairman of the provincial people's Committee of H is 0.08; the general minimum wage at the time of July 2010 is 730,000 Dong/month; wages of time T is: comrades (730,000 Dong x 0.08)/8 hours = 7,300. Subsidies on labour and subsidize the wages of labor overtime of Comrade T is calculated as follows:-on support labour: 730,000 VND x 0.08 = 58,400;
-The subsidy money labor overtime: 7,300 x 150% copper x 4 hours = 43,800.
4. Grants workdays at night: a) working time at night is calculated from 22 hours the previous day to 6 hours the following day. as for the Hue back out from the North, from 21 hours the previous day to 5 hours the following day for the province from Danang back in the South according to the provisions of article 70 of the Labor Code and article 6 of Decree 184/CP dated 31 December 1994 the Government detailing and guiding the implementation of some articles of the labor code on during working hours, time to rest;
b) militia on duty at night in time specified in point a of paragraph 4 of this article, then the actual time on duty at night are charged more by 30% now support labour on duty during the day.
c) public money to do more hours at night are charged as follows: remuneration and overtime at night = the time public money according to the level of subsidies on labour militant x 130% x 150% or 200% or 300% x the number of hours actually on duty at night for example 6: the case of Comrade T in example 5 is competent to do the task on a holiday Home Update (July 2010); actual time on duty on the day of 6 hours, the night was a 3-hour, the wages of labour comrade T is calculated as follows:-remuneration of labor support on duty during the day: Dong x 200% 7,300 x 6 hours = 87,600;
-Labor wages subsidies on duty at night: 7,300 x 130% x 200% copper x 3 hours = 55,940 copper.
Article 8. Fostering mode of self-defense militia duty where there are dangerous elements, militant malicious tasks under the orders of competent to do the work in the vocational category, slog, toxic, dangerous and especially heavy, toxic, dangerous to enjoy fostering mode in kind in place , apply as specified in circular No. 10/1999/TTLT-BLĐTB & XH-BYT of 17 March 1999 by the Ministry of labor, invalids and Social Affairs and the Ministry of health guidelines in-kind training mode for laborers working in conditions that are hazardous, dangerous elements; Circular No. 10/2006/TTLT-BYT XH-& BLĐTB on September 12, 2006 amending, supplementing item 2, item II of circular No. 10/1999/TTLT-BYT-BLDTBXH dated 17 March 1999 by the Ministry of labor, invalids and Social Affairs and the Ministry of health guidelines in-kind training mode for laborers working in conditions of dangerous factors , toxic.
Article 9. Condition core militant support on labour increased provisions in clause 5 Article 47 of law of self-defense militia core militant support increased workdays when the following conditions: 1. Has completed the obligation to join the self-defense militia core.
2. Authority decided to extend service to join self-defense militia core.
3. confirmation in writing of the Board-level military commander commune militia movement on duty of the authority.
Article 10. Conditions, the profile, the responsibility to solve for mode core militants according to the provisions in clause 2 Article 49 self-defense militias Act 1. Core militants enjoy the mode specified in item 2 Article 49 self-defense militias Act when there are enough conditions: a) has fulfilled the obligation to join self-defense militias core;
b) during national service to join self-defense militias core has at least 12 months regular duty, calculated incremental time the permanent duty according to the decision of the authorized thing.
Calculation of time on duty: Ttg = Tng 1 + 2 + 3 + Tng Tng Tng 4 (months) of which:-Ttg: 30 total, permanent missions;
-Tng 1: total number of permanent missions on the first year;
-Tng 2: total number of days the second year permanent missions;
-Tng 3: total number of permanent missions on the third year;
-Tng 4: the total number of permanent missions on the fourth year;
-30: average number of days of May 1st.
Computer case according to the above formula, if the balance is rounded as follows: less than 0.5, the balance does not count; the balance equal to or greater than 0.5 shall be rounded up to a month.
Example 7: comrade Nguyen Van Q service join self-defense militias core from 15 July 2010; to July 15, 2014 has been recognized by the authorized complete obligation to join the self-defense militia core and confirm the time on duty: 2011 is on 68, the year 2012 on 188, 2013 is on 128, 2014 is on 48.
Time permanent duty of Comrade Q is calculated as follows on + 68 = 188 Ttg on + on + 48 128 days = 14.4, 30, so the total time doing mission t. m service of Comrade Q is 14 months.
2. Profile: a Single militant's suggestion), accompanied by the Board to declare the process of the work, the permanent duty time; confirmation of Board-level military town;
b) copy decided to maneuver, or assigned duty for the militia of the authority; Certificate of self-defense militias;
c) the minutes of the Board's assessment service in the social level;
d) The suggested resolution of the people's Committee of the social level.
3. The responsibility to solve: a) each year, the Board-level military commanders in militants scrutinizing Township has completed service joined self-defense militias eligible core modes as defined in clause 2 Article 49 self-defense militia Law, inform and guide the militant regime procedures; host, coordinating the relevant agencies to help people at the same level Committee formed to resolve records;
b-level people's committees) prepare sending Township Board district military commander, district, city in the province (hereinafter referred to as district level) reporting to the competent authority consideration, decided under the hierarchy of the provincial councils.
Article 11. Once support for self-defense militias have yet to join the compulsory social insurance accident while on duty or accident risks 1. The level of support for militant self-defense stipulated in points b and c of paragraph 2 Article 43 of Decree 58/2010/ND-CP applied according to the table specified in annex I attached to this circular.
2. the Board, township-level military Board of military command authority, held at the base, the military commander of the central ministries or agencies of public security set up the minutes of the accident investigation according to the model in annex II ban hanh attached to this circular.
3. Ban command-level military assessment reporting of accidents according to the model in annex III attached to this circular.
4. provincial people's Committee decision to subsidize the accident according to the model in annex IV attached to this circular article 12. The case review, record, record-setting responsibility recognized self-defense militia was the influence of policy as wounded soldiers, Switzerland 1. The case of self-defense militias belonging to the policy review as an injured soldiers follow prescribed in clause 2 Article 51 self-defence militia Laws and rules of the law of incentives people to the revolution.
2. Records, responsible for setting the profile to recognize self defense militias who enjoy such trade policy soldiers follow the rules of the law of incentives people to the revolution.
Article 13. Funding regimes, policy 1. Every year, the ministries and the local central funding arrangement to perform self-defense militia according to the hierarchy in the current state budget. In 2010 the central ministries, sectors and localities to synthesize increased funding needs to perform extra mode level, subsidies for the self-defense militia on reform implementation needs the salary of the Ministry, the Central and the local industry.
2. The estimating, Executive and budgetary settlement for the self-defense militia work done under the provisions of the law on the State budget and the writing guide law.
Article 14. Implementation 1. The Department of Defense:

Hosted, in cooperation with the Ministry of labor, invalids and Social Affairs, the Ministry of the Interior, the Ministry of Finance directs, guides, check and solve the bottlenecks in implementation mode, the policy under the provisions of the law of self-defense militias, Decree No. 58/2010/ND-CP and this circular.
2. The Ministry of Finance: based on annual estimates, which include the cost of ensuring the implementation of the regime, the policy for self-defense militias by the Ministry, the Central and the local industry is established according to the hierarchy in the current state budget, combined to estimate the annual State budget process has the authority to decide.
3. The Ministry of labour, invalids and Social Affairs: directs the Department of labor, invalids and Social Affairs in collaboration with the provincial agencies to help staff the same level people's committees implement implementation mode, the policy under the provisions of the law of self-defense militias, Decree No. 58/2010/ND-CP and this circular; check, resolve mode, the policy for the self-defense militia in the scope of responsibility of the Ministry of labor, invalids and Social Affairs as prescribed by the law.
4. provincial people's Committee: a) The provincial people's Council to decide the level of subsidies on labour of the militia, the monthly allowance of the Hamlet Chief, the support level of social insurance premiums for the command of the Deputy Commander of the military Social Committee;
b) steer people's committees at district level, the social level, the Agency, in the unit, the Organization implemented the policy, mode for self-defense militias;
c) deployed to the local budget and the payment of the policy regime, in accordance with the law of self-defense militias, Decree No. 58/2010/ND-CP and this circular for the local audience, according to the local budget divisions.
5. The enterprise is responsible for ensuring the funding arrangement for the Organization, training and operation of the self-defense forces or funding for workers of enterprises obliged to join the local militia where businesses operate under the provisions of the law of self defence militias and the writing guide law.
Article 15. Terms of implementation 1. This circular effect after 45 days from the date of signing.
2. The mode, policy guidance in circular was made since July 1, 2010.
3. Abolish circular No. 46/2004/TTLT-BKH-BQP & TEL-BTC-T & BLĐTB on 20 April 2005 the Department of Defense, the Ministry of planning and investment, Ministry of finance and the Ministry of labor, invalids and Social Affairs guide some articles of Decree No. 184/2004/ND-CP dated 11 November 2004 from the Government detailed rules implementing the Ordinance on self-defense militia.
4. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee and the relevant bodies responsible for implementation of this circular.
In the process of implementation, if there are obstacles and suggest the ministries, agencies, local organizations, reflects on the Defense Department to coordinate with the Ministry of finance, the Ministry of Interior, Ministry of labor, invalids and Social Affairs consider resolve./.