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THE
NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
16/1999/QH10
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Hanoi,
December 21m 1999
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LAW
ON VIETNAM PEOPLE’S ARMY OFFICERS
In order to build a strong contingent of officers
of the Vietnam People’s
Army, acting as the core for building a revolutionary, regular, well-trained
and gradually modern people’s army, which ensures the fulfillment of
all assigned tasks and contribute to the building of the entire-people’s
defense, building and firmly defending the socialist Vietnamese Fatherland;
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam;
This Law prescribes the officers of the Vietnam People’s
Army
Chapter I
GENERAL PROVISIONS
Article 1.- Officers of
the Vietnam People’s
Army
The officers of the Vietnam People’s
Army (hereafter called officers) are cadres of the Communist Party of Vietnam
and the State of the Socialist Republic of Vietnam, operating in the military
domains and bestowed the rank of company officer, field officer or general
officer by the State.
The military uniforms, shoulder straps and
insignia of officers are stipulated by the Government.
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The officers constitute the core of the army and
the principal element of the contingent of military officials, who undertake
the leading, commanding or managing posts or directly perform a number of other
tasks, ensuring that the army is ready for combat and the fulfillment of any
assigned tasks.
Article 3.- Leading,
commanding and managing officers
The contingent of officers is placed under the
absolute, direct and comprehensive leadership of the Communist Party of
Vietnam, the supreme command of the State President, the unified management of
the Government and the direct command and management of the Minister of
Defense.
Article 4.- Recruitment
conditions for training of officers
Citizens of the Socialist Republic of Vietnam
who meet all criteria on politics, virtues, educational levels, health and age,
wish and have capability to operate in the military domain may be recruited for
training to be officers.
Article 5.-
Supplementary sources of active officers
The following people shall be recruited to
supplement the contingent of active officers:
1. Non-commissioned officers, cadets graduating
from officers’
training schools or non-military universities;
2. Non-commissioned officers and men who have
well fulfilled their combat tasks;
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4. Non-military officials and employees and
persons with university or higher degrees, mobilized for service in the army
and trained, fostered in the military programs under the stipulations of the
Minister of Defense;
5. Reserve officers.
Article 6.- Rights,
obligations and responsibilities of officers
1. Officers have the rights and obligations of
citizens under the Constitution and laws of the Socialist Republic of Vietnam;
have the rights, obligations and responsibilities as prescribed in this Law.
2. Officers are guaranteed by the State with the
preferential policies and regimes suitable to the nature of the particular
military activities.
Article 7.-
Interpretation of terms
In this Law, the following terms are construed
as follows:
1. Active officers are the officers of the
standing force who are on active service in the army or sent on dispatch.
2. Dispatched officers are active officers who
are sent to work in non-military agencies or organizations.
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4. Class-one reserve officers and class-two
reserve officers are the reserve officers, classified according to ages for the
class-one and class-two reserve as provided for in Clause 1, Article 13 of this
Law.
5. Commanding and staff officers are the officers
who undertake the tasks of combat operation, training and building of the
military forces.
6. Political officers are the officers who
undertake the Party work and political work.
7. Logistic officers are the officers who
undertake the tasks of material supply for daily life, training and combat
activities of the army.
8. Technical officers are the officers who
undertake the technical work regarding weapons and equipment.
9. Other specialized officers are the officers
who undertake the work in branches other than those performed by officers’
groups defined in Clauses 5, 6, 7 and 8 of this Article.
10. Officer’s rank bestowal means the decision to
grant the military rank and grade to a to be-officer.
11. Officer’s rank promotion means the decision to promote
an officer from a lower rank to a higher rank.
12. Officer’s rank demotion means the decision to
demote an officer from a higher rank to a lower rank.
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14. Demobilized officers are the officers who
have been transferred outside the army.
15. To change the officer’s status means to transfer an officer from
the active status to the reserve status or vice versa.
16. To change the class of reserve officer means
to transfer a reserve officer from class one to class two.
17. Discharge from the status of reserve officer
means the transfer from the reserve officers’ status.
Article 8.- Statuses of
officers
The officers are divided into two statuses: The
active officers and the reserve officers.
Article 9.- Branch
groups of officers
The officers cover the following branch groups:
1. The commanding, staff officers;
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3. The logistic officers;
4. The technical officers;
5. Other specialized officers.
Article 10.- Officers’
ranks and grades system
The officers’ ranks and grades system comprises three
ranks and twelve grades:
1. The company officer’s rank includes four grades
Second lieutenant;
Lieutenant;
Senior lieutenant;
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2. The field officer’s rank includes four grades:
Major;
Lieutenant colonel;
Senior lieutenant colonel;
Colonel.
3. The general rank include four grades:
Major general, naval rear-admiral;
Lieutenant general, naval vice-admiral;
Senior lieutenant general, naval admiral;
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Article 11.- Posts of
officers
1. Officers’ fundamental posts include:
Platoon leader;
Company commander;
Battalion commander;
Regiment commander, district military commander;
Brigade commander;
Division commander, provincial military
commander;
Army corps commander;
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General Department director;
Chief of the General Staff, director of the
Political General Department;
The Minister of Defense.
2. The posts of the Border Guard, services,
agencies, schools and other fields similar to the posts defined in Clause 1 of
this Article and the remaining posts shall be stipulated by the competent
authorities.
Article 12.- Criteria
of officers
1. General criteria:
a) Being politically steadfast, absolutely loyal
to the Fatherland and people, the Communist Party of Vietnam and the State of
the Socialist Republic of Vietnam; having the spirit of high revolutionary
vigilance, being ready to fight, make sacrifice and fulfill all assigned tasks;
b) Having revolutionary virtues; being
industrious, thrifty, incorruptible, upright, devoted and impartial; being
exemplary in observing the lines and under-takings of the Party as well as
policies and laws of the State; promoting democracy, strictly maintaining the
army disciplines; respect and unite with people, with comrades-in arms; being
trusted by the mass;
c) Having the political and military
qualifications and the capability to creatively apply Marxism-Leninism, the Ho
Chi Minh thoughts, the Party’s and State’s lines, viewpoints and policies to the
task of building the entire-people defense as well as the people’s
army; having knowledge about the cultural, economic, social, legal and other
matters; having the capability to carry out practical activities, meeting the
requirements of the assigned tasks; having graduated from the training programs
prescribed for each post;
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2. The specific criteria for each officer’s post
are stipulated by the competent authorities.
Article 13.- Service
ages of officers
The maximum age limits for active officers and
reserve officers are stipulated as follows:
1. According to officers’ ranks
The company rank: Active: 44, class-one reserve:
46, class-two reserve: 48;
Major: Active: 46, class-one reserve: 49,
class-two reserve: 52;
Lieutenant colonel: Active: 49, class-one
reserve: 52, class-two reserve: 55;
Senior lieutenant colonel: Active: 52, class-one
reserve: 55, class-two reserve: 58;
Colonel: Active: 55, class-one reserve: 58,
class-two reserve: 60
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2. According to commanding posts:
Platoon leader 30
Company commander 35
Battalion commander 40
Regiment commander 45
Brigade commander 48
Division commander 50
Army corps commander 55
Military Zone commander, service commander 60
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3. When the army has the demand, officers with
full qualifications, capability, good health and voluntariness may extend their
service in the army to the age limits for class-one reserve officers; officers
engaged in scientific research and teaching at schools may extend their service
to the age limits for class-two reserve officers; for special cases, the
officers’
service may extend beyond the age limits for class-two reserve officers.
Article 14.-
Responsibility to build the officers’ contingent
Within the scope of their respective functions,
tasks and powers, agencies, organizations, people’s armed forces units and all citizens have
the responsibility to build the contingent of officers.
Chapter II
OFFICERS’ RANKS AND POSTS
Article 15.- Highest
ranks for officers’
posts
1. The highest ranks for officers’
fundamental posts are stipulated as follows:
Platoon leader: senior lieutenant;
Company commander: captain
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Regiment commander, district military commander:
lieutenant colonel;
Brigade commander: senior lieutenant colonel;
Division commander, provincial military
commander: colonel;
Army corps commander: Major general;
Military zone commander, army service commander:
lieutenant general;
General Department director: lieutenant general;
Chief of the General Staff, director of the
Political General Department: General;
Minister of Defense: General.
2. The highest ranks of posts corresponding to
those defined in Clause 1, this Article and the remaining posts shall be
stipulated by the competent authorities.
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Article 16.- Subjects
entitled to be bestowed with ranks of active officers
The following persons shall be considered for
bestowment of active officers’ ranks:
1. Cadets graduating from active officers’
training schools shall be bestowed the rank of second lieutenant; those who
graduate with excellent grade or good grade but have already been engaged in
combat, combat service or conferred the title of "Hero of the People’s
Armed Forces" or "Labor Hero" shall be bestowed the rank of
lieutenant;
2. Non-commissioned officers and soldiers during
war time; professional army men and military employees on active service;
officials and employees outside the army and persons with university or higher
degrees, who are mobilized for active service in the army and appointed to the
officers’
posts, shall be bestowed the corresponding ranks of officers.
Article 17.- Rank
promotion for active officers
1. Active officers shall be entitled to rank
promotion when meeting the three following conditions:
a) Fully meeting the prescribed conditions;
b) Their current ranks are lower than the
highest ranks prescribed for the posts they are holding;
c) Meeting the time limits for rank promotion
consideration prescribed in Clause 2, this Article.
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From second lieutenant to lieutenant 2 years;
From lieutenant to senior lieutenant 3 years;
From senior lieutenant to captain 3 years;
From captain to major 4 years;
From major to lieutenant colonel 4 years;
From lieutenant colonel to senior colonel 4
years;
From senior colonel to colonel 4 years;
The time limits for general rank promotion are
not stipulated.
The time the officers study at schools shall be
counted into the duration for rank promotion consideration.
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3. Officers recording exceptionally outstanding
merits shall be considered for overskipping rank promotion.
Article 18.- Officers’
rank promotion ahead of time
Officers shall be considered for rank promotion
ahead of the time limits prescribed in Clause 2, Article 17 of this Law in the
following cases where:
1. They record outstanding exploits in combat or
are awarded Orders for achievements in their work or scientific research;
2. They well fulfill their responsibilities and
tasks of the current ranks which are two or more grades lower than the highest
ranks prescribed for the posts the officers are holding.
Article 19.- Prolonging
the time limits for officers’ rank promotion consideration
1. Those officers who are due for rank promotion
consideration but fail to fully meet the prescribed conditions shall be
considered for rank promotion in subsequent years, but not beyond the time
limits prescribed in Clause 2, Article 17 of this Law; if past such time limits
the officers still fail to be promoted, they shall be demobilized.
2. If during the promotion consideration time
limit, officers are disciplined with warning, demotion or stripping or in the
final year of the rank promotion consideration time limits, the officers are
disciplined with reprimand, the promotion consideration time limits shall be
prolonged for at least one year.
3. Demoted officers shall be considered for rank
promotion after at least one year from the date of demotion if they make
progress.
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Officers are promoted or demoted only one grade
at a time; only for special cases, multi-grade demotion or promotion shall
apply.
Article 21.-
Appointment and dismissal for officers’ posts
1. Officers shall be appointed to posts when
there are staff demand and they fully meet the criteria prescribed for their
incumbent posts.
2. The dismissal of officers from their posts
shall be effected in the following cases:
a) When there is change in organization which no
longer requires the posts being held by the officers;
b) The officers no longer satisfy the criteria
and conditions for holding the current posts;
c) The officers are beyond the ages for active
service in the army as provided for in Clause 1, Article 13 of this Law and are
not allowed to prolong their active service in the army.
3. Officers may be assigned posts lower than
their incumbent posts or posts with prescribed highest ranks being lower than
their current ranks in the following cases where:
a) They are reinforced for special tasks;
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c) Adjustments are made for conformity with the
officers’
capabilities and/or health conditions.
Article 22.- Relations
among officers’
grades and posts
Officers with higher grades are the superior of
the officers with lower grades; where officers with posts higher but grades
equal or lower than the grades of officers under their management, the officers
with higher posts shall be the superior.
Article 23.- The right
to suspend the posts of officers in emergency cases
In emergency cases where officers refuse to obey
orders which may cause serious consequences, the officers with the post of
regiment commander or higher may suspend the posts held by such officers and
appoint other persons to temporarily take their places, ant at the same time
immediately report such to the immediate superiors.
Article 24.- Detachment
of officers
Depending on the defense requirements and tasks,
active officers shall be detached to work in non-military agencies and/or
organizations by decisions of the competent authorities.
Article 25.- Competence
to make decisions on officers
1. Competence for post appointment, rank
bestowment and promotion for officers is stipulated as follows:
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b) The Prime Minister shall appoint General
Department directors, Military Zone commanders, Army Service commanders, Army
Corps commanders and corresponding posts; bestow and promote the ranks of
Lieutenant General, Naval Vice Admiral, Major General and Naval Rear Admiral;
c) The appointment of posts in the Procuracy,
Courts and Judgment Execution Bodies in the army shall comply with the
provisions of law;
d) The Minister of Defense shall make post
appointment and rank bestowment and promotion for the remaining cases.
2. Authorities competent to appoint any posts
and bestow and promote any ranks shall have the right to prolong the active
service of, to increase salaries for, to mobilize, detach, remove from posts,
assign lower posts to, demote, strip, degrade, discharge from active service,
officers of such posts and ranks, change the status, class and remove the
status of reserve officers of such posts and ranks.
Chapter III
OBLIGATIONS,
RESPONSIBILITIES AND INTERESTS OF OFFICERS
Article 26.-
Obligations of officers
The officers shall have the following
obligations:
1. To be ready to fight and sacrifice for the
independence, sovereignty and territorial integrity of the Fatherland, to
protect the Communist Party of Vietnam and the State of the Socialist Republic
of Vietnam; to take part in national construction, to protect the property and
interests of the State, agencies and organizations; to protect the life,
property, legitimate rights and interests of individuals;
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3. To absolutely submit to their organizations
and commanders; to strictly abide by the army rules, statutes, regimes and
regulations; to keep the military and State secrets;
4. To constantly care for the material and
spiritual interests of the army men;
5. To exemplarily observe and mobilize people to
observe the Party’s
lines and undertakings and the State’s policies and laws; to respect and
maintain close contact with people.
Article 27.-
Responsibilities of officers
The officers shall have the following
responsibilities:
1. To take responsibility before law and their
superiors for the orders they issue, for the obedience to the superiors’
orders and the task performance by their subordinates.
2. To lead, command, manage and organize the
implementation of all tasks of their units according to their assigned
responsibilities; to ensure that their units strictly adhere to the Party’s
lines and undertakings, abide by the State’s laws and policies, the army’s
rules, statutes, regimes and regulations and are ready to fight and well
fulfill all tasks in any circumstance and under any condition;
3. Upon receipt of orders from their commanders,
if officers have grounds to believe that such orders contravene laws, they
shall have to immediately report such to the persons who have issued such
orders; in cases where they still have to obey the orders, they shall have to
promptly report to the immediate superiors of the persons who have issued such
orders and shall not have to bear responsibility for the consequences arising
from the implementation of such orders.
Article 28.- Things
must not be done by officers
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Article 29.-
Obligations, responsibilities and interests of officers on detachment
Officers on detachment shall have the following
obligations, responsibilities and interests:
1. To fulfill the obligations and responsibilities
and enjoy the interests like officers on active service in the army; to be
provided with working and living conditions by the agencies and/or
organizations they are detached to.
2. To perform the tasks assigned by the Ministry
of Defense providing advices on defense tasks and subject to the management by
the agencies or organizations they are detached to.
Article 30.- Training
and fostering for officers
1. Officers are cared for, encouraged and given
conditions by the Party and the State to develop their talents.
2. Officers shall be trained and fostered at
schools inside and outside the army according to work requirements.
Article 31.- Salary,
allowance, dwelling houses and working conditions for active officers
Officers on active service shall be entitled to
salary, allowances, dwelling houses and working conditions as follows:
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2. Officers who fully meet the criteria and are
due for rank promotion consideration but have been bestowed the highest ranks
of the posts they are holding or the rank of colonel for four years or more
without having been promoted to the general rank shall enjoy the salary
increase according to the salary regime for officers;
3. If an officer concurrently holds many posts
at a time, he/she shall be entitled to the interests prescribed for the highest
post;
4. When being assigned posts lower than their
current posts as provided for at Point a, Clause 3, Article 21 of this Law, the
officers shall be entitled to the interests prescribed for their former posts;
5. When there is a decision to relieve an
officer from his/her post, he/she shall enjoy the interests according to new position;
6. Being provided with conditions to perform
their tasks according to the regulations of the Minister of Defense;
7. Being provided with dormitories and civic
status registration under the regulations of the Government.
Article 32.- The regime
of active officers’
rests
1. Active officers are entitled to public
holidays as prescribed by the Labor Code and other holidays prescribed by the
Minister of Defense.
2. Upon the general or local mobilization orders
and during the war time, the Minister of Defense may issue order to suspend the
officers’
rest regime; all officers being on holidays must immediately return to their
units.
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1. Active officers shall be provided with
healthcare; when getting wounded or sick at places far from military medical
establishments or suffering from diseases which cannot be cured by military
medical establishments, officers are entitled to medical examination and
treatment at civil medical establishments with hospital fees paid by the army.
2. The fathers, mothers, lawful fosterers of the
husbands and wives, the wives or husbands and under-18 children of active
officers, who have no medical insurance, shall be provided with medical
examination and treatment with hospital fees reduced or exempt at military and
civil medical establishments according to the Government’s regulations.
Article 34.- Active
officers transferred to work as professional army men or military employees
When current posts no longer require the
employment of officers, the concerned officers, if fully meeting the prescribed
conditions, shall be considered for transfer to the status of professional army
men or military employees and enjoy salaries not lower than those while they
were officers.
Article 35.-
Demobilized officers
1. Officers shall be demobilized in the
following cases:
a) They meet the conditions for retirement;
b) Their ages surpass the active service ages
prescribed in Clause 1, Article 13 of this Law;
c) The employment of officers, professional army
men and/or military employees is no longer required due to changes in
organizations and staff;
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e) They no longer satisfy the criteria
prescribed for active officers.
2. Officers are discharged from active service
in one of the following forms:
a) Retirement;
b) Transfer to civil organizations;
c) Demobilization and return to native places.
3. When being discharged from the active
service, if meeting all criteria and still being in the class-two reserve ages
prescribed in Article 13 of this Law, the officers shall be transferred to the
status of reserve officers.
Article 36.- Retirement
conditions for officers
Officers may retire when:
1. They fully meet conditions according to the
State’s
regulations on social insurance;
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Article 37.- Interests
of officers discharged from active service
1. The retired officers shall enjoy the
following interests:
a) Pensions calculated according to regulations
in Clause 1, Article 31 of this Law;
b) Using military uniforms, shoulder straps and
insignia on public holidays, conferences, meetings for the army’s
traditional exchanges;
c) Being provided with civic status registration
and given conditions to live and work by the administration in localities where
the officers reside lawfully; where officers have no dwelling houses, they
shall be provided with dwelling houses or residential land according to the
Government’s
regulations;
d) Being provided with medical examination and
treatment under the medical insurance regime at military and civil medical
establishments.
2. The transferred officers shall enjoy the
following interests:
a) The State shall provide necessary
professional training for transferred officers at the request of organizations;
b) To have their salary scales at the time of
transfer reserved for a minimum period of 18 months;
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d) The interests prescribed at Point b and Point
c, Clause 1, this Article.
3. Demobilized officers shall enjoy the
following interests:
a) Employment allowances and lump-sum
demobilization allowance;
b) If having full 15 or more years on active
service in the army, when falling sick, they shall be given medical examination
and treatment with hospital fees being exempt or reduced at military medical
establishments as prescribed by the Minister of Defense;
c) The interests prescribed at Point b and Point
c, Clause 1, this Article.
4. Officers who have had periods of time directly
engaged in combat, combat service or working in particular localities, branches
and trades shall be entitled to have such periods of time calculated according
to preferential coefficient for enjoyment of interests when they are discharged
from active service in the army.
The Government shall specify the implementation
of this Article.
Chapter IV
RESERVE OFFICERS
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The reserve officers shall be classified into the
class-one reserve officers and class-two reserve officers according to age
limits prescribed in Clause 1, Article 13 of this Law.
Article 39.- Subjects
of reserve officers registration
The following persons shall be subject to
reserve officers registration:
1. Officers, cadres being professional military
personnel, who, when discharged from the active service in the army, still meet
the criteria and conditions prescribed for reserve officers;
2. Professional military personnel and
non-commissioned officers, who have been discharged from active service in the
army, and reserve non-commissioned officers who have been under the officers’
training;
3. State officials and employees outside the
army and persons with university or higher degrees and with profession suited
to the requirements of the army, who have been trained as reserve officers.
Article 40.- Summoning
persons for reserve officers’ training and summoning reserve officers
for active service in the army
Basing him/herself on the Government’s
plan, the Minister of Defense shall have the right to:
1. Summon State officials and employees,
students and persons with university or higher degrees outside the army for
reserve officers’
training;
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a) During peace time, for reserve officers who
have not yet served in the army, the time for active service is two years;
b) During war time, when there are orders for
general mobilization, local mobilization or when there is demand for officers
to assume combat tasks, combat services for the defense of territorial
sovereignty, but not to the extent of local mobilization.
Article 41.- Post
appointment, rank bestowment and promotion for reserve officers
The post appointment, and rank bestowment and
promotion for reserve officers are stipulated as follows:
1. Cadets graduating for reserve officers’
training schools shall be bestowed the rank of second lieutenant of reserve
officers;
2. State officials and employees graduating from
reserve officers’
training schools shall, depending on the to be-appointed posts in the reserve
units, their study and training results and their current salary levels, be
considered for promotion to corresponding grades of reserve officers;
3. Depending on the staff demand, the criteria
for the officers’
posts, the military study results and achievements in military service, reserve
officers shall be appointed to posts in the reserve units and promoted to ranks
corresponding to the posts they are holding;
4. The time limits for reserve officers’
rank promotion consideration shall be two years longer than the time limits for
each grade of active officer prescribed in Clause 2, Article 17 of this Law;
5. Reserve officers shall be considered for
promotion to corresponding grades, based on the criteria and regulations on the
army grades of the posts they are appointed to, their current grades of reserve
officers and the time limits for rank promotion consideration.
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The reserve officers shall have the following
responsibilities to:
1. Make registration and submit to the
management of the local administration and military offices of localities where
they reside or work and the reserve army units;
2. Participate in training courses, gather for
examination of mobilization readiness and combat readiness according to the
regulations of the Minister of Defense.
3. Fulfill their assigned missions and tasks in
the reserve force;
4. Serve in the army as prescribed in Clause 2,
Article 40 of this Law.
Article 43.- The
interests of reserve officers
The reserve officers shall have the following
interests:
1. To enjoy responsibility allowances for the
management of reserve army units; during the time of gathering for training,
mobilization readiness examination and combat readiness examination, to enjoy
wages, allowances, subsidies, medical examination and treatment at military
medical establishments as well as other regimes prescribed by the Government;
to be exempt from performing public labor duties;
2. Reserve officers summoned for service in the
army during peace time, when the time limits expire, they are entitled to
return to their offices or localities where they worked or lived before joining
the army and continue to serve in the reserve force; where the army has the
demand, officers who satisfy the criteria shall be transferred to the status of
active officers.
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1. Reserve officers with ages reaching beyond
the class-one reserve ages prescribed in Clause 1, Article 13 of this Law shall
be transferred to class-two reserve officers.
2. Reserve officers with ages reaching beyond
the class-two reserve ages or failing to meet the conditions and criteria shall
be relieved from the status of reserve officers.
The class transfer and reserve officer status
relief shall be decided by the competent authorities.
Chapter V
STATE MANAGEMENT
REGARDING OFFICERS
Article 45.- The
contents of State management regarding officers
The contents of State management regarding
officers shall include:
1. Promulgating and guiding the implementation
of, legal documents on officers;
2. Drawing up planning and plans for building
the contingent of officers;
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4. Directing, organizing the inspection,
examination and settlement of complaints and denunciations, commendation,
handling of violations by officers and the implementation of the provisions of
this Law.
Article 46.-
Responsibility of the Government, the ministries, the ministerial-level
agencies and the agencies attached to the Government
1. The Government exercises unified State
management regarding officers.
2. The Ministry of Defense shall take
responsibility before the Government for exercising the State management over
officers; assume the prime responsibility and coordinate with the ministries,
the ministerial-level agencies, the agencies attached to the Government, the
People�s Committees of the
provinces and centrally-run cities in performing the State management regarding
officers.
3. The ministries, the ministerial-level
agencies, the agencies attached to the Government shall, within the scope of
their respective tasks and powers, have to coordinate with the Ministry of
Defense in performing the State management regarding officers; train and supply
the army with cadres suited to the military requirements; give priority to
accepting and employing officers who have fulfilled their tasks in the army,
fully meet the conditions for transfer according to the Government’s
plans; ensure conditions for implementation of policies and regimes towards
active officers, demobilized officers and officers’ families.
Article 47.-
Responsibility of local administrations at all levels
The local administrations at all levels shall,
within the scope of their tasks and powers, have the responsibility to:
1. Provide vocational guidance education, create
sources of officers’
training among the youth;
2. Give priority to accepting and employing
transferred and demobilized officers;
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4. Observe regimes and policies towards officers
and their families residing lawfully in the localities.
Chapter VI
COMMENDATION AND
HANDLING OF VIOLATIONS
Article 48.-
Commendation
Officers who record achievements in combat,
combat service or work; agencies, organizations and individuals who have
achievements in implementing this Law, shall be commended according to
regulations of the State.
Article 49.- Handling
of violations
1. Officers who breach the army disciplines, the
State’s
laws, shall, depending on the nature and seriousness of their breaches, be
handled according to the Statute on management of armymen, administratively
sanctioned or examined for penal liability according to the provisions of law.
2. Officers shall temporarily not wear shoulder straps
when being prosecuted, put in custody or detained; officers sentenced to
imprisonment shall be automatically stripped of their army grades when the
judgments take legal effect.
3. Agencies, organizations and individuals that
violate this Law shall be handled according to law.
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IMPLEMENTATION PROVISIONS
Article 50.-
Implementation effect
This Law shall take effect as from April 1st,
2000.
This Law shall replace the Law on Officers of
Vietnam People’s
Army of December 30, 1981 and the Law amending and supplementing a number of
Articles of the Law on Officers of Vietnam People’s Army of December 21, 1990.
The previous provisions contrary to this Law
shall all be annulled.
Article 51.-
Stipulations on enforcement of the Law
The Government shall detail and guide the
implementation of this Law.
This Law was passed on December 21, 1999 by the
Xth National Assembly of the Socialist Republic of Vietnam at its 6th session.
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NATIONAL ASSEMBLY CHAIRMAN
Nong Duc Manh