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NATIONAL
ASSEMBLY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
98/2015/QH13
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Hanoi,
November 26, 2015
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LAW
PROFESSIONAL SERVICEMEN AND WOMEN, NATIONAL DEFENSE WORKERS
AND OFFICIALS
Pursuant to the Constitution of
the Socialist Republic of Vietnam;
The National Assembly
promulgates the Law on professional servicemen and women (hereinafter referred
to as ‘servicemen’), National defense workers and official;
Chapter I
GENERAL PROVISIONS
Article 1.
Scope and regulated entities
This Law stipulates professional
servicemen, National defense workers and officials; rights, obligations,
service regimes, policies, benefits for professional servicemen, National
defense workers and officials; responsibility and authority of relevant
agencies, organizations, and individuals;
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In this Law, some terms are construed
as follows:
1. Professional servicemen refer
to Vietnamese citizens who are technically and professionally qualified
to serve for the People’s Army, being recruited and granted rank of
professional servicemen;
2. National defense workers and
officials refer to Vietnamese citizens who are technically and
professionally qualified to serve for the People’s Army by position or business
title but not defined as those eligible for ranks of officers, professional
servicemen, non-commissioned officers, soldiers.
3. Professional servicemen on
active service refer to professional servicemen who are serving in the
standing force of the People’s Army.
4. Reserve professional
servicemen refer to Vietnamese citizens who are technically and
professionally qualified to serve in reserve forces of the People’s Army as
stipulated by this Law.
5. Fighters refer to
professional servicemen on active service who are directly ordered to be ready
for a combat, to combat.
Article 3.
Positions, functions of professional servicemen, National defense workers and
officials
1. Professional servicemen are core
forces of the technical and professional team ensuring leadership, commanding
and management tasks; execute ready-to-combat, combat roles, combat services
and other duties in the army.
2. National defense workers are key
paid labor force of the People’s Army performing duties in production
facilities, repairing and keeping weapons and military technical equipment in
good conditions; guarantee and engage in ready-to-combat, combat roles and
other duties in the army.
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Article 4.
Principles of management and employment of professional servicemen, National
defense workers and officials
1. Ensure absolute leadership of
the Communist Party, supremacy of State president, overall management of the
Government and direct command and management of the Minister of National
Defense;
2. Exercise principles of
democratic centralism, responsibility of the leader, assignment and
decentralization in management;
3. Manage and use personnel in
accordance with standards and titles;
4. Assessment of professional
servicemen, National defense workers and officials shall be based on political
credentials, ethics, qualifications and performance;
Article 5.
Arrangement of professional servicemen, National defense workers and officials
1. Each position and title in the
regular organization of the People’s Army shall be defined only on the basis
that such individuals are professional servicemen, National defense workers and
officials.
2. Based on regulations of Article
3 hereof, the Minister of National Defense shall stipulate arrangement and use
of professional servicemen, National defense workers and officials.
Article 6.
Rights and obligations of professional servicemen, National defense workers and
officials
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a) Be entitled to material and
spiritual lives, benefits, preferential policies guaranteed by the State in
accordance with nature of duties of the People’s Army;
b) Be entitled to training for
enhancement of knowledge of politics, military, laws, technical and
professional levels in accordance with position and title held;
c) Other rights as prescribed;
2. Obligations of professional
servicemen, National defense workers and officials:
a) Be absolutely faithful to the
Fatherland, the People, the Communist Party and the State of Vietnam;
b) Comply strictly with policies of
the Party, policies and laws of the State, military disciplines and be ready to
complete assigned duties;
c) Absolutely obey upper-level
commands; make immediate report to the commander upon finding the given order
in opposition to the law, rules and regulations of the People’s Army; in case
of being forced to carry out such order, make early report to the person
immediately superior to the person issuing the order and not responsible for
the consequences of taking such order;
d) Protect properties and interests
of the State, army, agencies, and organizations; protect lives, health,
properties, lawful rights and interests of individuals;
dd) Study politics, military, laws,
culture, science and technology, professional competence; enhance political and
fighting skill and spirit;
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g) National defense workers must
perform labor duties, comply with labor regulations as prescribed; national
defense officials must perform obligations as prescribed in the Law on Public
Employees.
Article 7. Things
professional servicemen, National defense workers and officials not allowed to
do
1. Oppose orders; avoid or make
excuses to avoid assigned duties;
2. Take advantage of positions and
assigned duties to invade interests of the country, lawful rights and interests
of agencies, organizations, and individuals;
3. Do things in opposition to the
law, regulations and disciplines of the People’s Army;
4. Other things as prescribed;
Article 8.
Principles of selection, recruitment of professional servicemen, National
defense workers and officials
1. Selection and recruitment of
professional servicemen, National defense workers and officials shall be based
on duties and payroll of the People’s Army.
2. Ensure democracy, fairness,
public disclosure, transparency, gender equality and full compliance with laws;
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4. Ensure right job positions and
qualifications;
5. Give priority to selection and
recruitment of non-commissioned officers, soldiers who have had great
achievements in the service of the People’s Army; persons of great technical
and professional competence; talented persons; ethnics;
Article 9.
Assessment of professional servicemen, National defense workers and officials
1. The purpose of assessing
professional servicemen, National defense workers and officials is to determine
political credentials, ethics, qualifications
and performance;
Assessment results are foundations
for arrangement, employment, training, commendation, disciplines and policies
for professional servicemen, National defense workers and officials;
2. Professional servicemen,
National defense workers and officials shall be classified on the basis of
assessment results, specifically as follows:
a) Achieve outstanding results in
performing assigned duties;
b) Achieve good results in
performing assigned duties;
c) Complete assigned duties;
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3. The Minister of National Defense
shall detail this Article.
Article 10.
Powers to make decisions on professional servicemen, National defense workers
and officials
1. The Minister of National Defense
shall decide to promote ranks of professional servicemen; increase salaries and
promote ranks to senior lieutenant-colonel as professional servicemen; increase
salaries of National defense workers and officials to level of pay received by
senior lieutenant-colonel as professional servicemen; prolong service ages,
allow retirement from army services for professional servicemen of senior
lieutenant-colonel ranks, national defense workers and officials having
equivalent pay; professional servicemen on temporary assignment.
2. The Minister of National Defense
shall define sequence and procedures on selection, recruitment, grading,
promotion, enhancement and shift of titles of professional servicemen; grade,
upgrade, shift job positions of National defense workers and officials;
commanding authority of affiliates to the Ministry of National Defense;
sequence and procedures on increasing pay, promotion of military ranks,
allowing retirement from army services for professional servicemen, National
defense workers and officials outside the scope as defined in Clause 1, this
Article.
Article 11.
Complaints and handling of complaints made by professional servicemen, National
defense workers and officials
1. Professional servicemen,
National defense workers and officials may lodge complaints upon finding the
commander performs duties beyond his authority or make decisions in opposition
to regulations of the People’s Army invading their own lawful rights and
interests.
The commander shall be responsible
for receiving, considering and handling complaints within competence, sequence
and procedures as prescribed by the Minister of National Defense.
2. Exercise other rights as
prescribed;
Article 12.
International cooperation in the construction of professional servicemen,
National defense workers and officials
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2. Manners of international
cooperation in the construction of the force of professional servicemen,
national defense workers and officials:
a) Training, scientific research,
workshops, exchange of information and documentation;
b) Participation in exercises,
seminars and international competitions;
c) Exchange of experts;
Article 13.
Uniforms and insignias and identity cards of professional servicemen, National
defense workers and officials
1. Professional servicemen shall be
granted uniforms, insignias and identity cards of professional servicemen.
2. National defense workers and
officials shall be granted uniforms and identity cards of national defense
workers and officials.
3. The Government shall detail this
Article.
Chapter II
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Section 1.
SELECTION AND RECRUITMENT OF PROFESSIONAL SERVICEMEN
Article 14.
Selection and recruitment of professional servicemen
1. Subjects to be selected:
a) Officers of the Vietnam People’s
Army with current positions as officers being no longer required in case of
change of personnel structure;
b) Non-commissioned officers,
soldiers who are no longer on active service, currently serving on probation in
the army;
c) National defense workers and
officials;
2. Subjects to be recruited:
Vietnamese citizens outside the
scope as prescribed in Clause 1, this Article, permanently residing in Vietnam,
aged from 18 and over;
3. Qualifications for selection and
recruitment:
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b) Have degrees, certificates of
technical and professional competence in accordance with titles of professional
servicemen;
4. Manner of selection and
recruitment is examination. Those who have had excellent university degrees or
high-level technical and professional competence shall be selected and
recruited via examination.
Article 15.
Grading, promotion and shifting titles of professional servicemen
1. Professional servicemen who have
technical and professional competence in accordance with titles currently held
shall be graded as follows:
a) High-ranking group (Group I)
composed of professional servicemen having university degrees and over; high-ranking
group (Group II) composed of professional servicemen having college degrees;
b) Middle-ranking group composed of
professional servicemen having intermediate professional degrees;
c) Primary-ranking group consisted
of professional servicemen having primary certificates;
2. Professional servicemen who have
successfully completed assigned duties, have political and ethical credentials,
have appropriate degrees and qualifications to hold titles similar to
professional servicemen of higher ranks in
the same technical and professional area shall be considered for promotion;
3. In case of need, professional
servicemen may be considered for a shift to new titles if they meet
professional requirements of such titles.
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Article 16.
Military ranks of professional servicemen
1. Military ranks of professional
servicemen are defined in proportion to technical and professional competence
and pay level, including:
a) Senior lieutenant-colonel;
b) Lieutenant-colonel;
c) Major;
d) Captain;
dd) Senior lieutenant;
e) Lieutenant;
g) Second lieutenant;
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a) Senior lieutenant-colonel
(high-ranking);
b) Lieutenant – colonel
(middle-ranking);
c) Major (primary-ranking);
3. The Minister of National Defense
shall define ranks of professional servicemen in proportion to pay level.
Article 17.
Duration and age limit for active services for professional servicemen
1. Duration of active service
during peace time:
a) At least six years since the
decision to convert into a professional serviceman is issued;
b) To the end of age limit as
prescribed in Clause 2, this Article;
2. Maximum age limit for active
service by rank:
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b) Major, lieutenant-colonel: male
(54 years old), female (54 years old);
c) Senior lieutenant-colonel: male
(56 years old), female (55 years old);
3. Professional servicemen who have
high technical and professional level, adequate political and ethical
credentials, good health and volunteer to join the army shall be considered for
extension of age limit for active service but no more than five years.
4. Any fighter who turns 40 shall
be given priority in training and arrangement of other appropriate jobs or
change to other occupations. Any fighter who has paid social insurance for 20
years of which 15 years as a fighter shall be eligible for retirement if being
unable to serve in the army or unable to be changed to other occupations.
List of fighter titles shall be
defined by the Minister of National Defense.
Article 18.
Granting and promotion of ranks of professional servicemen
1. Non-commissioned officers,
soldiers graduating from technical and professional competence training
programs at the army’s education and training establishments; subjects as
prescribed in Clauses 1 and 2, Article 14 hereof being selected, recruited as
professional servicemen shall be entitled to salary and corresponding military
ranks.
2. Professional servicemen shall be
eligible for promotion of ranks if their salary is in proportion to salary of
higher ranks.
Article 19.
Professional servicemen on temporary assignment
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2. Professional servicemen on
temporary assignment shall be entitled to the same benefits as professional
servicemen on active service.
3. Agencies and organizations on
temporary assignment shall be responsible for assigning duties and ensuring
benefits to professional servicemen on temporary assignment as prescribed.
Section 3.
RETIREMENT FROM ACTIVE SERVICE FOR PROFESSIONAL SERVICEMEN
Article 20.
Cases of retirement from active service
Following is one of the cases
eligible for retirement from active service:
1. Service duration expires as
prescribed in Point a, Clause 1, Article 17 hereof;
2. Volunteer to retire from active
service after six years in service as a professional serviceman and that is
accepted by competent authorities;
3. Maximum age limit expires as
prescribed in Clause 2, Article 17 hereof;
4. Cases as prescribed in Clause 4,
Article 17 hereof but no longer able to be employed by the army;
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6. Political and ethical
credentials fail to meet requirements or fail to complete duties for two
consecutive years as prescribed in Point d, Clause 2, Article 9 hereof;
7. Health no longer meets
requirements.
Article 21.
Manners of retirement from active service
1. Retirement;
2. Demobilization;
3. Retirement under policies on
sick soldiers;
4. Changed to other occupations;
Article 22.
Requirements for retirement from active service
1. Followings are one of the cases
eligible for retirement:
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b) Professional servicemen are no
longer able to be employed after 25 years (in case of male) or 20 years (in
case of female) in service due to changes of personnel structure;
c) Cases as prescribed in Clause 4,
Article 17 hereof;
2. Professional servicemen shall be
eligible for retirement under policies on sick soldiers if health declines as
prescribed.
3. Professional servicemen on
active service may be transferred to other occupations if accepted by competent
authorities and received by agencies, organizations where the professional
serviceman is transferred to.
4. Professional servicemen outside
the scope as prescribed in Clauses 1, 2 and 3, this Article shall be
demobilized.
Section 4.
PROFESSIONAL SERVICEMEN ON PROBATION
Article 23.
Maximum age limit for professional servicemen to serve on probation
1. Junior commissioned officer: 54
years old;
2. Major, lieutenant-colonel: 56
years old;
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Article 24.
Registration for professional servicemen on probation
1. Professional servicemen who
retire from active service and remain in the age of serving on probation as
prescribed in Article 23 hereof.
2. Non-commissioned officers,
soldiers on probation who meet the army’s technical and professional
requirements;
3. Male citizens within the age of
military service who are yet to be on active service, have graduated from
vocational education institutions, universities and met the army’s technical
and professional requirements;
Article 25.
Training for professional servicemen on probation
1. Professional servicemen on
probation should participate in training, drills and ready for being
conscripted and fighting for no more than 12 months.
2. Annually, the Prime Minister
shall make decision on the number of professional servicemen on probation
called up for training, drills, ready for being conscripted and fighting.
3. The Minister of National Defense
shall make decision on the number of professional servicemen on probation
conscripted into armies; the number of times of training and training duration
per time; between the times of training, professional servicemen on probation
may be called up for training, drills, ready for being conscripted and fighting
for no more than seven days. In case of need, professional servicemen shall be
retained for training for no more than two months but total time should not
exceed the time as prescribed in Clause 1, this Article.
Article 26.
Granting and promotion of ranks of professional servicemen on probation
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Article 27.
Professional servicemen on probation to be discharged from service
Professional servicemen who exceed
the age limit as prescribed in Article 23 hereof or no longer meet health
requirements to serve on probation shall be discharged according to the
Decision issued by Commander of district-level Military Command Committee.
Chapter III
SERVICE REGIME OF NATIONAL DEFENSE WORKERS AND
OFFICIALS
Section 1.
SELECTION, RECRUITMENT OF NATIONAL DEFENSE WORKERS AND OFFICIALS
Article 28.
Selection, recruitment of national defense workers and officials
1. Subjects to be selected:
a) Officers of Vietnam People’s
Army, professional servicemen with current job positions no longer needed;
b) Non-commissioned officers,
soldiers no longer on active service;
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Vietnamese citizens outside the
scope as prescribed in Clause 1, this Article, permanently residing in Vietnam,
aged from 18 and over.
3. Requirements for selection and
recruitment:
a) Have political and ethical
credentials, good health, clear curriculum vitae and volunteer to serve in the
army;
b) Have technical and professional
degrees, diplomas, or skills appropriate to job positions (with respect to
national defense workers) or titles (with respect to national defense
officials);
4. Manner of selection, recruitment
is examination. Those who have had excellent university degrees or high
technical and professional levels, won prizes in national and international
workmanship contests shall be selected, recruited via examinations.
Article 29.
Grading, promotion for national defense workers
1. National defense workers are
graded as follows:
a) Type A composed of national
defense workers having college degrees and accredited as Practical Bachelor or
Practical Engineer;
b) Type B composed of national
defense workers having intermediate professional degrees and corresponding
occupational skill levels;
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2. If required by armies, national
defense workers shall be examined for promotion if having successfully
completed assigned duties; have political and ethical credentials; have
capacity to undertake jobs of higher level in the same profession and
occupation; have appropriate degrees;
3. The Government shall stipulate
occupational skill levels, requirements for promotion for national defense
workers.
Article 30.
Job titles, appointment, changes of job titles of national defense officials
1. Job titles of national defense
officials express technical and professional qualification in each area.
The Minister of National Defense
shall define lists, standards and codes of job titles of national defense
officials after reaching agreement with the Ministry of Home Affairs.
2. Appointment and change of job
titles of national defense officials shall be carried out on the basis of army
requirements and duties, and according to the Law on Public Employees.
Section 2.
SERVICES AND RETIREMENT FROM MILITARY SERVICE FOR NATIONAL DEFENSE WORKERS AND
OFFICIALS
Article 31.
Maximum service age limit
1. Male: 60 years old
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Article 32.
Retirement from military service for national defense workers and officials
1. Maximum service age limit
expires as prescribed in Article 31 hereof;
2. No longer able to be employed by
the army after personnel structure is changed;
3. Political and ethical
credentials fail to meet requirements or fail to complete duties for two
consecutive years as prescribed in Point d, Clause 2, Article 9 hereof;
4. Health no longer meets
requirements.
5. Volunteer to retire from
military service and accepted by competent authorities;
Article 33.
Manner of retirement from military service
1. Retirement;
2. Transferred to other
occupations;
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Article 34.
Requirements for retirement from military service
1. National defense workers and
officials shall be eligible for retirement in one of the following cases:
a) Meeting requirements of the Law
on social insurance;
b) Have served as national defense
worker for 15 years and have paid social insurance for 20 years (Male 50 years
of age, female 45)
c) National defense workers and
officials who fail to meet requirements for retirement as prescribed in Points
a, b, this Clause, reaching from 55 to under 60 years of age (male) or from 50
to under 55 years of age (female), have paid social insurance for 20 years
shall be eligible for retirement.
2. National defense workers and
officials shall be transferred to other occupations if accepted by competent
authorities and received by receiving agencies, organizations.
3. National defense workers and
officials shall be eligible for resignation in following cases:
a) Volunteer to resign from
military service and accepted by competent authorities even though service age
as prescribed in Article 31 hereof remains unexpired;
b) No longer able to be employed by
the army after personnel structure is changed and not prescribed in Point c,
Clauses 1 and 2, this Article;
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Chapter IV
BENEFITS AND POLICIES ON PROFESSIONAL SERVICEMEN,
NATIONAL DEFENSE WORKERS AND OFFICIALS
Article 35.
Training
1. Content, programs, manner and
time of training for professional servicemen, National defense workers and
officials shall be based on requirements for personnel structure of the
People’s Army, job title standards, job positions and occupational titles.
2. The Minister of National Defense
shall define the content, programs, manner of training after reaching agreement
with the Ministry of Education and Training and other relevant ministries,
sectors.
3. Professional servicemen,
National defense workers and officials shall have following obligations and
benefits during the time of training:
a) Comply strictly with regulations
on training and disciplines of the army; and be subject to management by
education and training establishments;
b) Enjoy full pay, allowances; have
service time added to military service time as foundations for pay increase and
promotion of ranks;
Article 36.
Pay, allowances, housing and conditions for implementation of duties by
professional servicemen, National defense workers and officials
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2. Professional servicemen,
National defense workers and officials shall enjoy allowances as follows:
a) Seniority pay (based on existing
pay and service time in standing force of the army as prescribed)
b) Allowances (the same as cadres,
officials and civil servants having the same working conditions);
c) Allowances (in accordance with
typical military operation nature);
3. Professional servicemen,
National defense workers and officials shall be entitled to policies on social
housing support; lease of official residences according to laws.
4. Professional servicemen,
National defense workers and officials shall be entitled to allowances for
housing.
5. The Government shall detail this
Article.
Article 37.
Increasing pay for professional servicemen, national defense workers and
officials
1. Professional servicemen,
National defense workers and officials shall be eligible for pay increase if
meeting requirements for political and ethical credentials, technical and
professional qualifications and period for pay increase.
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3. The Government shall detail this
Article.
Article 38.
Rest breaks for professional servicemen, national defense workers and officials
1. Professional servicemen,
National defense workers and officials shall be entitled to rest breaks
according to the Labor Code and regulations of the Ministry of National
Defense. In case duties require working on annual holidays, professional
servicemen, National defense workers and officials shall be paid an extra
amount for working on such holidays in addition to normal pay.
2. Upon conscription during war
time or in case of national emergencies, the Minister of National Defense shall
order suspension of all rest breaks; professional servicemen, National defense
workers and officials who are on their rest breaks shall return to their units.
Article 39.
Provision of health care to professional servicemen, National defense workers
and officials serving in the army and their relatives
1. Professional servicemen,
National defense workers and officials serving in the army shall be entitled to
health care; in case of injury, sickness, accidents, occupational risks
occurring far away from army medical facilities or diseases that can not be
cured by army medical facilities, professional servicemen, National defense
workers and officials shall be entitled to free medical examination and
treatment at other medical facilities and other benefits according to laws.
2. Natural parents; parents-in-law;
husband or wife; legal caretakers of husband or wife; natural children, legal
adopted children aged under 18 of professional servicemen on active service
shall be entitled to medical insurance according to laws.
3. Relatives of National defense
workers and officials serving in the army having no medical insurance shall be
entitled to medical insurance according to laws.
Article 40.
Benefits, policies for professional servicemen retiring from active service
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a) Retirement pension is instructed
in the Law on Social Insurance and this Law;
b) In case of retirement ahead of
maximum age limit by rank as prescribed in Clause 2, Article 17 hereof due to
changes of personnel structure and being no longer needed by the army, retired
professional servicemen shall be entitled to one-time benefit in addition to
social insurance benefits as prescribed by laws.
c) Favored by local authorities
with conditions for stabilizing living; be entitled to social housing according
to laws if residency is not available;
2. Professional servicemen
transferred to other areas:
a) Have pay level, seniority pay
reserved at the time of change of occupation for a period of 18 months;
b) Be entitled to seniority pay
after retirement based on active service period and existing pay level; In case
existing pay is lower than pay level of professional servicemen at the time of
change of occupation, retirement pension shall be based on pay level at the
time of change of occupation according to laws;
3. Demobilized professional
servicemen:
a) Be entitled to one-time benefit
for job seeking; have time of participation in social insurance reserved or
receive one-time benefits from social insurance fund according to laws;
b) Be entitled to medical
examination and treatment at army medical facilities if having at least 15
years on active service according to regulations of the Ministry of National
Defense;
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d) Be entitled to benefits and
policies as prescribed in Point c, Clause 1, this Article;
4. Professional servicemen retiring
under policies on sick soldiers:
a) Be entitled to preferential
treatment with respect to people with meritorious services to the Revolution
and social insurance benefits according to Law on Social insurance;
b) Be entitled to benefits and
policies as prescribed in Point c, Clause 1, this Article;
5. The time of joining the fight,
serving the fight or working in the areas of hardship, or in the areas of
special nature shall be based on to determine benefits for retirement from
active service;
6. Professional servicemen retiring
from active service may use uniforms, military badges, insignia in traditional
ceremonies and meetings of the army.
7. The Government shall detail
Points a, b, Clause 1, Points a and c, Clauses 3 and 5 of this Article.
Article 41.
Benefits and policies for national defense workers and officials retiring from
military service
1. Retired national defense workers
and officials:
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b) In case of retirement ahead of
maximum age limit as prescribed in Article 31 hereof due to changes of
personnel structure and being no longer be needed by the army, retired
professional servicemen shall be entitled to one-time benefit in addition to
social insurance benefits as prescribed by laws.
c) Favored by local authorities
with conditions for stabilizing living; be entitled to social housing according
to laws if residency is not available;
2. National defense workers and
officials changed to other occupations:
b) Be entitled to seniority pay
upon retirement based on active service period and existing pay level; In case
existing pay is lower than pay level of national defense workers and officials
at the time of change of occupation, retirement pension shall be based on pay
level at the time of change of occupation according to laws;
c) In case of returning to military
service due to pressing duties, the time of changing occupations shall be
included in the continuous working time as foundations for reviewing pay raise
and seniority.
3. National defense workers and
officials resigning:
a) Be entitled to severance pay
according to laws;
b) In case of resignation while
requirements for entitlement to retirement pension or one-time social insurance
benefit are not met, the time of participation in social insurance shall be
reserved or one-time benefits from social insurance fund be granted according
to laws.
b) Be entitled to benefits and
policies as prescribed in Point c, Clause 1, this Article;
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4. The time of joining the fight,
serving the fight or working in the areas of hardship, or in the areas of special
nature shall be based on to determine benefits for retirement from the army;
5. The Government shall detail
Points a, b, Clauses 1 and 4 of this Article.
Article 42.
Benefits, policies for professional servicemen, National defense workers and
officials having injuries, sacrificing their lives or dying during military
service time
1. Professional servicemen and
national workers and officials shall be entitled to policies on war invalids if
having injuries during missions;
2. Relatives of professional servicemen,
National defense workers and officials who sacrifice their lives shall be
entitled to all benefits according to the Law on Preferential treatment to
people with meritorious services to the Revolution, social insurance benefits
according to the Law on Social Insurance and one-time benefit.
3. Relatives of professional
servicemen, National defense workers and officials who die shall be entitled to
benefits, policies according to the Law on social insurance and one-time
benefit.
4. The Government shall prescribe
one-time benefits in Clauses 2 and 3, this Article.
Article 43.
Benefits, policies for professional servicemen on temporary assignments
1. Professional servicemen on
temporary assignments who register for military service, physical examination
and check-ups for military service shall have travel and accommodations fully
covered.
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3. During the time of training,
drills and examinations ready for conscription and fighting, professional
servicemen on temporary assignments and their relatives shall be entitled to
benefits and policies according to laws.
Chapter V
RESPONSIBILITY AND AUTHORITY OF AGENCIES AND
ORGANIZATIONS
Article 44.
State administration agencies for professional servicemen, National defense
workers and officials
1. The Government shall unify state
administration on professional servicemen, National defense workers and
officials.
2. The Ministry of National Defense
shall be responsible for assisting the Government in unifying state
administration on professional servicemen, National defense workers and
officials.
Article 45.
Responsibility and authority of the Ministry of National Defense
1. Promulgate legislative documents
on professional servicemen, National defense workers and officials within competence
or make submission to competent authorities for promulgation;
2. Organize the implementation of
legislative documents on professional servicemen, National defense workers and
officials;
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4. Inspect, investigate, commend
and handle violations; handle complaints, denunciations on the implementation
of laws on professional servicemen, National defense workers and officials;
5. Further international
cooperation in the establishment of professional servicemen, National defense
workers and officials;
Article 46.
Responsibility, authority of ministries, ministerial-level agencies
Ministries, ministerial-level
agencies within duties, authority shall be responsible for cooperating with the
Ministry of National Defense in implementing state administration on
professional servicemen, National defense workers and officials; provide
technical and professional training; ensure conditions for implementation of
benefits and policies for professional servicemen, National defense workers and
officials and their relatives; prioritize reception and arrangement of jobs for
professional servicemen, National defense workers and officials subject to
change of occupation, demobilization or resignation according to laws;
Article 47.
Responsibility and authority of local authorities
Local authorities at all levels
within duties and authorities shall take following responsibilities:
1. Direct vocational education to
create sources of professional servicemen, National defense workers and
officials;
2. Organize and manage professional
servicemen on temporary assignments according to laws;
3. Implement benefits, policies for
professional servicemen, National defense workers and officials; policies for
families of professional servicemen, National defense workers and officials
residing in localities according to laws;
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COMMENDATION AND HANDLING OF VIOLATIONS
Article 48.
Commendation
Professional servicemen, National
defense workers and officials who have achievements and merits in the fight and
missions shall be reviewed for presentation of awards, medals, state honors and
other commendations according to laws;
Article 49.
Handling of violations
1. Professional servicemen,
National defense workers and officials who violate disciplines and laws,
depending on nature and severity of the violations shall be disciplined,
penalized for administrative violations or criminal prosecution; shall make
compensations for any damage caused to people and properties of agencies,
organizations, and individuals.
2. Professional servicemen who are
prosecuted, in custody or detained according to the Law on criminal procedures
shall not be allowed to wear uniforms, military badges, insignia;
3. Agencies, organizations, and
individuals who violate the law on professional servicemen, National defense
workers and officials, depending on nature and severity of the violations shall
be handled according to laws.
Article 50.
Disciplines for professional servicemen, national defense workers and officials
1. Disciplines for professional
servicemen:
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b) Warnings;
c) Reduction to lower ranks;
d) Dismissal;
dd) Pay reduction;
e) Reduction of military ranks;
g) Stripping title of servicemen;
2. Disciplines for national defense
workers and officials:
a) Reprimand;
b) Warnings;
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d) Forced resignation;
3. Pay reduction is made only one
level at a time; in case a serious violation is committed, pay reduction may be
made at multiple levels at a time.
4. Do not apply such disciplines as
stripping servicemen titles from professional servicemen or forced resignation
for national defense workers and officials during pregnancy, pregnancy leave
and caring children aged under 12 months;
5. Application of disciplines,
sequence, procedures and authority to impose penalties on national defense
workers and officials shall be instructed by laws;
6. The Minister of National Defense
shall stipulate application of disciplines, sequence, procedures, statute of
limitations, time limit and authority to impose penalties on professional
servicemen; stipulate reduction of military ranks for disciplined professional
servicemen by the way of lowering pay level.
Chapter VII
IMPLEMENTARY PROVISIONS
Article 51.
Effect
This Law takes effect since July
01, 2016.
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Article 52.
Detailed regulations
The Government, competent agencies
shall detail articles and clauses prescribed hereof.
This Law has been ratified in
the 10th session of the 13th National Assembly on
November 26, 2015. /.
CHAIRMAN
OF NATIONAL ASSEMBLY
Nguyen Sinh Hung