Ms. Nguyen Thi Thuy (Thai Binh) asked the authorities to guide the following cases:

Mr. A held the position of Deputy Commander of the Commune Military Command from September 2001 to July 2005. From August 2010 to present (October 2021), he holds the position of Chief of the Commune Military Command.

According to Decree No. 58/2010/ND-CP dated June 1, 2010 of the Government, he is entitled to a seniority allowance of 5% from August 2010 and increases by 1% each year. Mr. A now proposes to accumulate the time of holding the position of Deputy Commander of the Commune-level Military Command from September 2001 to July 2005 to calculate the seniority allowance.

Ms. Thuy asked, can this case be accumulated according to the provisions of Article 10 of Decree No. 72/2020/ND-CP dated June 30, 2020 of the Government?

The Department of Militia and Self-Defense, Ministry of National Defense responded to this issue as follows:

Pursuant to Clause 3, Article 46 of the 2009 Law on Militia and Self-Defense, stipulates: "Commune-level military command officers who have worked continuously for 60 months or more are entitled to seniority allowances".

In Article 39 of Decree No. 58/2010/ND-CP dated June 1, 2010 of the Government detailing and guiding the implementation of a number of articles of the Law on Militia and Self-Defense: “Commanders, politicians, Deputy political officers and deputy commanders of the commune-level military commands with a continuous working period of 60 months or more from the date of issuance of the decision on appointment to the time of discontinuance of such position shall be entitled to seniority allowance, each year of service equals 1% of salary and current allowance.”

In Article 18 of Decree No. 03/2016/ND-CP dated January 5, 2016 of the Government detailing and implementing a number of articles of the Law on Militia and Self-Defense:

1. Officers of the commune-level military commands who have worked continuously for 60 months or more are entitled to a seniority allowance. The allowance level is as follows: After 5 years (full 60 months) of continuous work, they will be entitled to a seniority allowance equal to 5% of the current salary and allowance for leadership positions, allowance for seniority beyond the bracket (if any) or current monthly allowance; from the 6th year onwards each year (full 12 months) is charged 1% more.

2. If an officer of the commune-level military command has worked continuously in the branches for which the seniority allowance is calculated, that time may be added to the time of working as an officer of the military command of the commune-level to calculate the seniority allowance.

Compared with the provisions of legal documents on Militia and Self-Defense, Mr. A held the position of Deputy Commander of the Commune-level Military Command from September 2001 to July 2005 (the total time was 47 months); Mr. A has not worked continuously for 60 months or more from the date of decision to appoint to the position until he stops holding that position, his seniority allowance has not been calculated yet.

In Clause 4, Article 33 of the 2019 Law on Militia and Self-Defense, it is stipulated that “Commune commanders, political officers, deputy commanders and deputy political officers of commune-level military commands have worked for full 60 months or more. to receive seniority allowance”.

In Article 10 of Decree No. 72/2020/ND-CP dated June 30, 2020 of the Government detailing a number of articles of the Law on Militia and Self-Defense on organization of force building and regimes and policies for Militia and self-defense forces (Decree No. 72/2020/ND CP), stipulating:

"1. Chief commanders, politicians, deputy commanders and deputy political members of commune-level military commands with a working period of full 60 months or more are entitled to seniority allowances. The allowance level is as follows: After 05 years (full 60 months) of working, the seniority allowance is equal to 5% of the current salary and the position allowance, the seniority allowance in excess of the frame (if any) or the current monthly allowance; from the sixth year onwards each year (full 12 months) is charged 1% more.

2. Commanders, Politicians, Deputy Commanders, Deputy Political Officers of the Commune Military Commands who have worked in other occupations, if they are entitled to seniority allowances, they will be added to that time. with the time holding the commanding positions of the Commune Military Command to calculate the seniority allowance. The period for calculating the seniority allowance specified in Clause 1 of this Article, if there is a break, will be accumulated.

3. The seniority allowance is calculated and paid in the same period as the salary and monthly allowance, and is calculated to pay and enjoy social insurance and health insurance.

4. Time not counted for seniority allowance

a) The period of being suspended from work or being held in custody or temporary detention in service of investigation, prosecution and adjudication; time serving prison sentence; period of voluntary leave from work;

b) The period of personal leave without salary or allowance is continuously from 01 month or more;

c) The period of suspected sickness or maternity exceeds the time limit prescribed by law on social insurance”.

Based on the legal provisions on Militia and Self-Defense, it is suggested that Ms. Nguyen Thi Thuy contact the Military Command of Thai Binh province for consideration and settlement.