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THE NATIONAL
ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 19/2008/QH12
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Hanoi, June 3,
2008
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LAW
AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE LAW
ON VIETNAM PEOPLES ARMY OFFICERS
Pursuant to the 1992 Constitution
of the Socialist Republic of Vietnam, which was amended and supplemented under
Resolution No. 51/2001/QH10;
The National Assembly promulgates the Law Amending and Supplementing a
Number of Articles of Law No. 16/1999/QH10 on Vietnam Peoples Army Officers.
Article 1. To
amend and supplement a number of articles of the Law on Vietnam Peoples Army
Officers:
1. Article 1 is
amended and supplemented as follows:
Article 1. Vietnam Peoples Army
officers
Vietnam Peoples Army officers (below
referred to as officers) are cadres of the Communist Party of Vietnam and the
Socialist Republic of Vietnam State, who operate in the military field and are
bestowed by the State the rank of company officer, field officer or general
officer.
Military uniforms, shoulder straps
insignias and identity cards of officers are prescribed by the Government.
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Article 11. Officers posts
1. Officers fundamental posts include:
a/ Platoon leader;
b/ Company commander, company
political instructor;
c/ Battalion commander, battalion
political instructor;
d/ Regiment commander, regiment
political commissar; commander of the Military Command of rural district, urban
district, provincial capital or city (below collectively referred to as
district level) and political instructor of the district-level Military
Command;
e/ Brigade commander, brigade
political commissar;
f/ Division commander, division
political commissar; commander of the Navy Zone, political commissar of the
Navy Zone; commander of the Marine Police Zone, political commissar of the
Marine Police Zone; commander of the Military Command of a province or
centrally run city (below collectively referred to as provincial level), political
commissar of the provincial-level Military Command; commander of the
provincial-level Border-Guard Command, political commissar of the
provincial-level Border-Guard Command;
g/ Commander of the Army Corps,
political commissar of the Army Corps; commander of the Military Arm, political
commissar of the Military Arm;
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i/ Director of the General Department,
political commissar of the General Department;
j/ Chief of the General Staff,
director of the Political General Department;
k/ Minister of Defense.
2. Posts equivalent to those defined
at Points h and i, Clause 1 of this Article are prescribed by the Prime
Minister; posts equivalent to those defined at Points a, b, c, d, e, f and g
are prescribed by the Minister of Defense.
3. Article 13 is
amended and supplemented as follows:
Article 13. Officers
active-service ages
1. The maximum ages of
on-active-service officers according to officers ranks:
The company rank: male: 46, female:
46;
Major: male: 48, female: 48;
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Senior lieutenant colonel: male: 54,
female: 54;
Colonel: male: 57, female: 55;
The general rank: male: 60, female:
55.
2. Upon army demands, officers who are
politically and morally qualified, professionally skilled, physically fit and
voluntary may have their on-active-service ages prescribed in Clause 1 of this
Article prolonged, but for not more than 5 years; in special cases, it may be
longer.
3. The maximum ages of officers
holding commanding and managing posts, defined at Points a, b, c, d, e, f and g,
Clause 1 of Article 11 are prescribed by the Minister of Defense, but must not
exceed the officers maximum ages defined in Clause 1 of this Article.
4. Article 15 is
amended and supplemented as follows:
Article 15. The highest ranks
for officers posts
1. The highest ranks for officers
fundamental posts are prescribed as follows:
a/ Platoon leader: senior lieutenant;
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c/ Battalion commander, battalion
political instructor: lieutenant colonel;
d/ Regiment commander, regiment
political commissar; commander of the district-level Military Command,
political instructor of the district-level Military Command: senior lieutenant
colonel;
e/ Brigade commander, brigade
political commissar: colonel;
f/ Division commander, division
political commissar; commander of the Navy Zone, political commissar of the
Navy Zone; commander of the Marine Police Zone, political commissar of the
Marine Police Zone; commander of the provincial-level Military Command, political
commissar of the provincial-level Military Command; commander of the
provincial-level Border-Guard Command, political commissar of the
provincial-level Border-Guard Command: colonel;
g/ Commander of the Army Corps,
political commissar of the Army Corps; commander of the Military Arm, political
commissar of the Military Arm: major general;
h/ Commander of the Military Zone,
political commissar of the Military Zone; commander of the Army Service,
political commissar of the Army Service; commander of the Border Guard,
political commissar of the Border Guard: lieutenant general;
i/ Director of the General Department,
political commissar of the General Department: lieutenant general;
j/ Chief of the General Staff,
director of the Political General Department: general;
k/ Minister of Defense: general.
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3. Officers in provincial- or
district-level military forces in important military and defense areas as
defined by the Government or officers in special-task force units defined by
the Minister of Defense, who have rendered outstanding services, will be one
grade higher than the highest ranks prescribed in Clause 1 of this Article.
5. Article 16 is
amended and supplemented as follows:
Article 16. Persons to be
bestowed with ranks of on-active service officers
1. Cadets graduating from
active-service officers training schools will be bestowed the rank of second
lieutenant; those who graduate with excellent or good grade in peculiar
disciplines or record outstanding achievements in work will be bestowed the
rank of lieutenant, or in special cases, higher ranks as provided by the
Minister of Defense.
2. Non-commissioned officers and
soldiers during wartime; professional armymen and defense employees on active
service; non-military officials and employees and university graduates or
people of higher degrees, who join the army on active service and are appointed
to hold posts of officers, will be bestowed the corresponding ranks of
officers.
6. Article 18 is
amended and supplemented as follows:
Article 18. Officers rank
promotion ahead of time
Officers may be considered for rank
promotion ahead of time limits prescribed in Cause 2, Article 17 of this Law in
the following cases:
1. Recording outstanding exploits in
combat or being conferred orders for achievements in work or scientific
research;
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7. Article 19 is
amended and supplemented as follows
Article 19. Prolongation of the
time for officers rank promotion consideration
1. Officers who are due for rank
promotion consideration but fail to fully meet the conditions prescribed in
Article 17 of this Law will be considered for rank promotion in subsequent
years.
2. If officers are disciplined with
warning, demotion or stripping during the rank promotion consideration period
or with reprimand in the final year of the rank promotion consideration period,
the time for their rank promotion consideration shall be prolonged for at least
one year.
3. Officers who are disciplined with
rank demotion may, after at least one year from the date of demotion, be
considered for rank promotion if they make progress.
8. Article 25 is
amended and supplemented as follows:
Article 25. Competence to
decide on officers
1. The competence for post
appointment, rank bestowment and promotion for officers is prescribed as
follows:
a/ The State President appoints the
Chief of General Staff, the director of the Political General Department,
bestows and promotes the ranks of general, senior-lieutenant general and navy
admiral;
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c/ The Minister of Defense appoints
the remaining posts, bestows and promotes the remaining ranks;
d/ The appointment of posts in the
procuracy, court and judgment enforcement sectors in the army complies with the
provisions of law.
2. Authorities competent to appoint
any posts, bestow and promote any ranks will be competent to decide on the
prolongation of on-active service duration, wage raising, transfer, detachment,
dismissal from posts, assignment of lower positions, demotion, rank stripping,
degrading, relief from active service, class transfer and declassification of
reserve officers, for officers at such posts or such ranks.
9. Article 29 is
amended and supplemented as follows:
Article 29. Obligations,
responsibilities and interests of detached officers
1. To perform obligations and
responsibilities and enjoy interests like officers who are on active service in
the army; to be provided with working and living conditions by agencies or
organizations which they are detached to.
2. To perform tasks assigned by
competent authorities and submit to the management by the agencies or
organizations which they are detached to.
10. Article 31 is
amended and supplemented as follows:
"Article 31. Wages,
allowances, dwelling houses and working conditions for on-active service
officers
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1. The wage and allowance regimes are
provided for by the Government; officers wage scales are based on the
prescribed ranks and posts, suitable to the armys nature and tasks as a special
branch of labor; the officers seniority is calculated according to their
current wage scales and duration on active service. Officers are entitled to
allowances, subsidies like cadres and public servants under the same working
conditions and peculiar militarily allowances and subsidies.
2. Officers who are fully qualified
and due for rank promotion consideration but have been promoted to the highest
ranks prescribed for their current posts or to the rank of colonel or general
for four years or more and are not yet promoted to higher ranks will have their
wages raised according to wage regimes applicable to officers.
3. Officers who concurrently hold
different posts at a time are entitled tot he benefits prescribed for the
highest post and allowances for concurrently holding leading posts according to
law.
4. When officers are assigned to hold
posts lower than their current ones as provided for at Point a, Clause 3,
Article 21 of this Law, their benefits from former posts will be retained.
5. Upon receipt of decisions on relief
from their posts, officers are entitled to benefits according to their new
posts;
6. To be provided with conditions for task
performance according to regulations of the Minister of Defense;
7. To be provided with dormitories and
household registration according to regulations of the Government.
11. Article 35 is
amended and supplemented as follows:
Article 35. Demobilized officers
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a/ Being qualified for retirement;
b/ Reaching the demobilization ages
specified in Article 13 of this Law;
c/ Due to changes in organization or
staff, which no longer require officers, professional armymen, defense
employees;
d/ No longer satisfying the criteria
prescribed for on-active service officers.
2. Officers are demobilized in one of
the following forms:
a/ Retirement;
b/ Transfer to civil jobs;
c/ Returning home from military
service;
d/ Discharge from military service
under the regime prescribed for diseased armymen.
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12. Article 37 is
amended and supplemented as follows:
Article 37. Benefits of
demobilized officers and on-active service officers who are killed in action or
die
1. Retired officers are entitled to
the following benefits:
a/ Pensions calculated under Clause 1,
Article 31 of this Law;
b/ If retiring before the rank-based
highest ages prescribed in Clause 1, Article 13 of this Law due to changes in
organization, staff or expiry of ages prescribed for holding commanding and
managing posts and non-employment by the army, officers are entitled to
lump-sum allowances prescribed by the Government in addition to their pensions;
c/ Using uniforms, shoulder straps and
insignias on festive days and at meetings and traditional exchanges of the army;
d/ Being registered for permanent
residence and given conditions to work and earn their living by administrations
of localities where they lawfully reside; if having no dwelling houses, being
provided with dwelling houses or residential land according to regulations of
the Government;
e/ Being entitled to medical
examination and treatment under health insurance regimes at military and
civilian medical establishments.
2. Officers transferred to civilian
jobs are entitled to the following benefits:
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b/ To have their wage scales at the
time of transfer preserved for at least 18 months;
c/ Upon retirement, to enjoy seniority
allowances calculated according to their on-active service duration and ranks
at the time of transfer; in case their current wages are lower than the
officers wages at the time of transfer, the officers wages at the time of
transfer will be used for calculation of pensions;
d/ The benefits defined at Point c,
Clause 1 of this Article;
e/ If being re-enlisted in the army
upon demand, the transfer duration will be counted into their continuous
working duration for rank promotion consideration and their working seniority.
3. Officers returning home from
military service are entitled to the following benefits:
a/ A lump-sum employment allowance and
demobilization allowance;
b/ In case of ailment, to enjoy
medical examination and treatment free of charge or at reduced charges according
to regulations of the Minister of Defense, if they have served in the army for
full 15 years or longer;
c/ The benefits defined at Points c
and d, Clause 1 of this Article.
4. Officers discharged from military
service under regimes applicable to diseased armymen are entitled to the
following benefits:
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b/ The benefits defined at Points c
and d, Clause 1 of this Article.
5. Officers with a duration of direct
engagement in combat, in service of combat or working in difficulty-hit areas
or peculiar sectors or trade will have such duration converted for calculation of
benefits to be enjoyed upon their demobilization.
6. With regard to on-active service
officers who have been killed in action, their relatives are entitled to
regimes prescribed by law for people with meritorious service to the revolution
and to a lump-sum allowance according to regulations of the Government.
7. With regard to on-active service
officers who have died, their relatives are entitled to a lump-sum allowance
according to regulations of the Government, in addition to the regimes
prescribed by the Law on Social Insurance.
13. Article 38 is
amended and supplemented as follows:
Article 38. Service ages of
reserve officers
The highest ages of reserve officers
are provided for as follows:
Company rank: 51;
Major: 53;
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Senior lieutenant colonel: 57;
Colonel: 60;
General rank: 63.
14. Article 40 is
amended and supplemented as follows:
Article 40. Summoning for
training of reserve officers and summoning of reserve officers for active
service, exercise, mobilization readiness and combat readiness examination
Based on the Governments plans, the
summoning for training of reserve officers, the summoning of reserve officers
for active service, exercise, mobilization readiness and combat readiness
examination shall be carried out according to the following regulations:
1. Summoning for training of reserve
officers:
a/ The Minister of Defense shall
decide to summon professional armymen, to be-demobilized non-commissioned
officers or civilian university graduates or people with higher degrees;
b/ District-level Peoples Committee
presidents shall decide to summon cadres, public servants and non-commissioned
officers residing in their respective localities.
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a/ The Minister of Defense shall
decide to summon reserve officers holding the brigade commander or equivalent
positions, division commander or equivalent positions; reserve officers of
colonel rank;
b/ Provincial-level Peoples Committee
presidents shall decide to summon reserve officers holding the regiment
commander or equivalent positions, reserve officers of senior-lieutenant
colonel rank; district-level Peoples Committee presidents shall decide to
summon reserve officers holding the battalion commander, equivalent or lower
positions, reserve officers of lieutenant colonel or lower ranks.
3. The summoning of reserve officers
for urgent tasks but not to the extent of local mobilization and the summoning
of reserve officers for two-year active service in peacetime shall be decided
by the Minister of Defense.
15. Article 44 is
amended and supplemented as follows:
Article 44. Discharge from
reserve officer class
Reserve officers who pass the ages
prescribed in Article 38 of this Law or no longer satisfy the prescribed
conditions and criteria shall be discharged from the reserve officer class.
The de-classification of reserve
officers shall be decided by competent authorities.
Article 2.
To annul Clauses 4 and 16 and restructure
the clauses of Article 7 of Law No. 16/1999/QH10 on Vietnam Peoples Army
Officers as follows:
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Article 3.
This Law takes effect on July 1, 2008.
This Law was passed on June 3, 2008,
by the XIIth National Assembly of the Socialist Republic of Vietnam
at its 3rd session.
CHAIRMAN OF THE
NATIONAL ASSEMBLY
Nguyen Phu Trong