Circular No. 07/2016/TT-BQP on conferring, promoting, demoting military ranks; appointing positions, demoting positions, dismissing from positions; equivalent positions and highest military rank for positions of non-commissioned officers and soldiers of the Vietnam People's Army.

CIRCULAR

REGULATION regarding the conferring, promotion, demotion of military ranks; appointment to positions, demotion from positions, dismissal from positions; equivalent positions and the highest military rank corresponding to the position of non-commissioned officers and soldiers of the Vietnam People's Army demotion, dismissal; equivalent positions and the highest military rank corresponding tothe position of non-commissioned officers and soldiers of the Vietnam People's Army

Pursuant to the Law on Legislative Documents of 2008;

Pursuant to Article 8 of the Law on Military Service 2015;

Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Considering the proposal of the Chief of General Staff;

The Minister of National Defense stipulates the conferring, promotion, demotion of military ranks; appointment to positions, demotion from positions, dismissal from positions; equivalent positions and the highest military rank corresponding to the position of non-commissioned officers and soldiers of the Vietnam People's Army.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the procedures for conferring, promotion, demotion of military ranks; appointment to positions, demotion from positions, dismissal from positions; equivalent positions and the highest military rank corresponding to the position of non-commissioned officers and soldiers of the Vietnam People's Army as prescribed in Clause 4, Article 8 of the Law on Military Service 2015.

Article 2. Applicability

1. This Circular applies to relevant agencies, units, individuals, and non-commissioned officers and soldiers serving in active duty; non-commissioned officers and soldiers serving in the reserve forces.

2. Matters concerning conferring, promoting, and demoting military ranks; appointing positions, demoting positions, dismissing from positions for non-commissioned officers and soldiers during wartime shall be implemented according to separate regulations.

Article 3. Principles for promoting and demoting military ranks; appointing positions, demoting positions, dismissing from positions for non-commissioned officers and soldiers.

1. The authority with the power to decide on promoting a military rank and appointing up to a certain position also has the right to demote a military rank; demote positions, dismiss from positions for non-commissioned officers and soldiers down to that military rank and position.

2. Each time a military rank is promoted or demoted, it must be only one rank higher or lower; in special cases, multiple ranks can be promoted or demoted, but not exceeding the authority prescribed in this Circular.

Chapter II

REGULATIONS ON THE CONFERRING, PROMOTION, DEMOTION OF MILITARY RANKS; APPOINTMENT TO POSITIONS, DEMOTION FROM POSITIONS, DISMISSAL FROM POSITIONS; EQUIVALENT POSITIONSTHE HIGHEST MILITARY RANK CORRESPONDING TO THE POSITION OF NON-COMMISSIONED OFFICERS AND SOLDIERS WARRANT OFFICERS AND SOLDIERS

Section 1

AWARDING, PROMOTING, DEMOTING MILITARY RANKSFOR NON-COMMISSIONED OFFICERS AND SOLDIERS

Article 4. Military ranks of non-commissioned officers and soldiers.

1. Non-commissioned officers of the Vietnam People's Army have three military ranks: Senior Sergeant, Corporal, and Private First Class.

2. Soldiers of the Vietnam People's Army have two military ranks: Private Second Class and Private Third Class.

Article 5. Authority to confer, promote, and demote ranks for non-commissioned officers and enlisted personnel

1. Confer the rank of Private Second Class

a) Battalion Commander, Regiment Commander, and equivalent positions decide to confer the rank of Private Second Class on subordinate military personnel.

2. Promote or demote ranks for non-commissioned officers and enlisted personnel on active duty

a) Company Commander and equivalent positions decide to promote the rank of Private First Class for subordinate enlisted personnel;

b) Battalion Commander, Regiment Commander, and equivalent positions decide to promote or demote ranks up to Corporal for subordinate non-commissioned officers and enlisted personnel;

c) Division Commander and equivalent positions decide to promote or demote ranks up to Sergeant for subordinate non-commissioned officers and enlisted personnel.

3. In cases where non-commissioned officers and enlisted personnel violate discipline and no longer meet the qualifications of military personnel, they shall be disciplined with the revocation of their military status according to the regulations stipulated in the Military Unit Management Regulation of the Vietnam People's Army.

4. Promote or demote ranks for non-commissioned officers and enlisted personnel in the reserve

b) The Commander of the Provincial Military Command Board, the Commander of the Military Command Board of the centrally governed cities, the Commander of the Military Command Board of Hanoi Capital, the Commander of the Military Command Board of Ho Chi Minh City (hereinafter referred to collectively as the Commander of the Provincial Military Command Board) decides to promote or demote the military rank of Sergeant First Class for non-commissioned officers and soldiers registered to serve in the reserve cadre of the Vietnam People's Army who have been arranged and appointed to the mobilization reserve unit.

Article 6. Time of conferring the rank of Private Second Class

1. Citizens called up to serve in the Vietnam People's Army according to the provisions of the Law on Military Service shall be conferred the rank of Private Second Class from the day of handover and acceptance of the military service; in cases where there is no centralized handover and acceptance, it shall be counted from the day the Vietnam People's Army unit accepts them.

2. Citizens admitted through military recruitment to study at schools, recognized by competent authorities as military personnel, shall be conferred the rank of Private Second Class from the day they are recognized as military personnel.

3. Enlisted reservists of the second category, when assigned and appointed to reserve mobilization units, shall be conferred the rank of Private Second Class from the day of the assignment and appointment decision.

Article 7. Period for considering promotion of ranks for non-commissioned officers and enlisted personnel

1. For non-commissioned officers and enlisted personnel currently working at units

a) Promotion to the rank of Private First Class: Private Second Class has served at least six months.

b) Promotion to the rank of Corporal

- Private First Class appointed to the position of Deputy Squad Leader or equivalent positions, regardless of time limit.

- Positions with the rank of Corporal and technical and professional enlisted personnel who have held the rank of Private First Class for six months.

c) Promotion to the rank of Sergeant

- Corporal appointed to the position of Squad Leader or equivalent positions, regardless of time limit.

- Positions with the rank of Sergeant and technical and professional non-commissioned officers who have held the rank of Corporal for six months.

d) Promotion to the rank of Sergeant First Class

- Sergeant holding the position of Squad Leader or equivalent positions appointed to the position of Deputy Platoon Leader or equivalent positions, regardless of time limit.

- Technical and professional non-commissioned officers with a secondary level education or higher, properly assigned to the establishment, who have held the rank of Sergeant for six months.

d) Non-commissioned officers and soldiers who have completed their tasks excellently and received awards from Model Soldier and above shall be considered for promotion by one rank; those with particularly outstanding achievements may be considered for promotion beyond the ranks and positions and time limits specified in Points a, b, c, and d of this clause, but not exceeding one rank compared to the rank prescribed for the position held.

2. For non-commissioned officers and soldiers who are students in educational institutions

a) Students currently studying at training institutions

- Promotion to the rank of Private First Class: Has held the rank of Private Second Class for at least six months.

- Promotion to the rank of Corporal: Have held the rank of Private First Class for six months.

- Promotion to the rank of Sergeant: Have held the rank of Corporal for twelve months.

- Promotion to the rank of Sergeant First Class: Have held the rank of Sergeant for twelve months.

b) Graduates of non-commissioned officer command training

- Training for Squad Leader and equivalent positions; graduates with good grades or better will be promoted to the rank of Sergeant, average grades will be promoted to the rank of Corporal;

- Training for Deputy Platoon Leader and equivalent positions, graduates will be promoted to the rank of Sergeant First Class.

c) Graduates of primary-level technical and professional training

- Training period of six months or less: Excellent grades will be promoted to the rank of Sergeant; good and average grades will be promoted to the rank of Corporal.

- Training period of more than six months: Good grades or better will be promoted to the rank of Sergeant; average grades will be promoted to the rank of Corporal.

d) Students who have completed their tasks excellently and received awards from Model Soldier and above shall be considered for promotion by one rank; those with particularly outstanding achievements may be considered for promotion beyond the time limits specified in Points a, b, and c of this clause;

đ) Students who do not graduate or do not complete the training program will not be considered for promotion of ranks.

3. For non-commissioned officers and enlisted personnel in the reserve

a) Promotion to the rank of Private First Class: Private Second Class has served at least twelve months in the mobilization reserve unit.

b) Promotion to the rank of Corporal

- Private First Class appointed to the position of Deputy Squad Leader or equivalent positions.

- Positions with the rank of Corporal and technical and professional enlisted personnel properly assigned and appointed to the establishment, who have held the rank of Private First Class for twelve months or more.

c) Promotion to the rank of Sergeant

- Corporal appointed to the position of Squad Leader or equivalent positions;

- Positions with the rank of Sergeant and technical and professional non-commissioned officers properly assigned and appointed to the establishment, who have held the rank of Corporal for twelve months or more.

d) Promotion to the rank of Sergeant First Class

- Sergeant appointed to the position of Deputy Platoon Leader or equivalent positions;

- Technical and professional non-commissioned officers with a college degree or higher shall be assigned and appointed according to the establishment, having held the rank of Corporal for at least twelve months.

d) Reserve non-commissioned officers and soldiers who have achieved outstanding results in performing their duties, received awards from Commendation Certificate and above shall be considered for promotion by one rank; those with particularly outstanding achievements may be considered for promotion beyond the ranks, positions, and time limits specified in Points a, b, c, and d of this clause, but not exceeding one rank compared to the rank prescribed for the position held;

e) The period for considering a promotion in rank is calculated from when the reserve military personnel receives the decision on assignment and appointment to reserve mobilization units.

Article 8. Criteria for considering promotions in rank for non-commissioned officers and soldiers

1. For non-commissioned officers and soldiers serving on active duty

a) In accordance with the establishment positions;

b) Meeting political criteria; fulfilling assigned responsibilities and tasks; not violating discipline from reprimand level upwards;

c) Meeting the time limit for promotion to each rank as prescribed in Clause 1, Clause 2, Article 7 of this Circular.

2. For reserve non-commissioned officers and soldiers

a) Being assigned and appointed to positions in reserve mobilization units according to the establishment;

b) Meeting the political standards; complying with regulations on registration for service in the reserve cadre; participating in training, exercises, readiness mobilization checks, combat readiness checks, and living conditions in the mobilization reserve unit; completing assigned responsibilities; not violating discipline from reprimand and above;

c) Meeting the time limit for promotion to each rank as prescribed in Clause 3, Article 7 of this Circular.

Section 2

APPOINTMENT TO POSITIONS, DEMOTION FROM POSITIONS, DISMISSAL FROM POSITIONSFOR NON-COMMISSIONED OFFICERS AND SOLDIERS

Article 9. Authority to appoint positions, demote, and dismiss non-commissioned officers and soldiers

1. For non-commissioned officers and soldiers on active duty

a) Battalion Commanders, Brigade Commanders, and equivalent positions decide on the appointment of positions, demotion, and dismissal of Platoon Leaders and equivalent positions for subordinates;

b) Division Commanders and equivalent positions decide on the appointment of positions, demotion, and dismissal of Deputy Platoon Leaders and equivalent positions for subordinate non-commissioned officers.

2. For reserve non-commissioned officers and soldiers

b) The Commander of the Provincial Military Command Board decides to appoint positions, demote from positions, dismiss from positions of Deputy Squad Leader and equivalent positions for reserve non-commissioned officers who have been arranged and appointed to the mobilization reserve units.

Article 10. Criteria for considering appointments to positions for non-commissioned officers and soldiers

1. Meeting political criteria, fulfilling assigned responsibilities and tasks well.

2. Having the ability to fulfill responsibilities and tasks when appointed to a new position.

3. For reserve military personnel: Having been assigned and appointed to positions in reserve mobilization units according to the establishment.

Section 3

EQUIVALENT POSITIONS AND THE HIGHEST MILITARY RANKCORRESPONDING TO THE POSITION OF NON-COMMISSIONED OFFICERS AND SOLDIERS

Article 11. Equivalent positions for non-commissioned officers and soldiers

1. Positions equivalent to Deputy Platoon Leader

a) Deputy Reconnaissance Platoon Leader of Infantry;

b) Deputy Assault Team Leader;

c) Deputy Reconnaissance Team Leader of Deep Penetration Artillery;

d) Deputy Leader of units organized at the Platoon level;

d) Deputy Workshop Director, Deputy Section Director, Deputy Station Director of workshops, sections, stations organized at the squad level;

e) Deputy Warehouse Manager, Deputy Sub-warehouse Manager of warehouses, sub-warehouses organized at the Platoon level;

g) Non-commissioned officers with technical and professional qualifications at the intermediate level or higher who are properly assigned according to the establishment.

2. Positions equivalent to Squad Leader

a) Gun Crew Leader;

b) Vehicle Commander (tank, armored vehicle; self-propelled artillery; chemical);

c) Station Leader (Station 15W; Communication Vehicle; Communication; Air Defense Observation);

d) Communication Post Leader, Communication Shift Leader of Military Postal Service;

đ) Team Leader (Assault; Deep Penetration Artillery Reconnaissance; Technical Decryption and Photography; Examination; Food Processing); teams under units at the Platoon level and above;

e) Radar Operator (Missile Control Crew (crew 1); Missile Crew (crew 1); Radar (crew 1); Electronic Warfare);

g) Non-commissioned officers with technical and professional qualifications at the basic level who are properly assigned according to the establishment.

3. Positions equivalent to Deputy Squad Leader

a) Deputy Gun Crew Leader;

b) Deputy Assault Team Leader;

c) Deputy Communication Post Leader, Communication Shift Leader of Military Postal Service;

d) Team Leader (Guard, Infantry, Reconnaissance, Short-range Air Defense Missile);

đ) Team Leader of Supply, Repair, Construction Teams;

e) Team Leader who is a soldier with technical expertise properly assigned according to the establishment.

Article 12. Highest rank corresponding to positions of non-commissioned officers and soldiers

1. Deputy Platoon Leader and equivalents: Senior Sergeant.

2. Squad Leader and equivalents: Staff Sergeant.

3. Deputy Squad Leader and equivalents: Corporal.

4. Soldier: Private First Class.

Chapter III

ORGANIZATION AND IMPLEMENTATION

Article 13. Organization of bestowal, promotion, demotion of ranks and appointment, reduction, removal from position of non-commissioned officers and soldiers

1. For non-commissioned officers and soldiers on active duty

a) Commanders of agencies and units responsible for organizing the implementation of the conferring, promotion, demotion of military ranks and appointment to positions, demotion from positions, dismissal from positions for non-commissioned officers and soldiers as prescribed in this Circular;

b) Graduates of non-commissioned officer command training, technical and professional training shall be considered for promotion of rank before graduation ceremony;

c) Decisions on conferring, promotion, demotion of military ranks and appointment to positions, demotion from positions, dismissal from positions must be announced to the unit for implementation and recorded in the file, while ensuring the benefits enjoyed according to the regulations.

2. For reserve non-commissioned officers and soldiers

b) Decisions to promote the military rank of reserve non-commissioned officers and soldiers are implemented once a year on December 22 each year; decisions to appoint, relieve from positions of reserve non-commissioned officers and soldiers are made based on mission requirements;

Article 14. Effective Date

1. This Circular takes effect from March 12, 2016.

Decision No. 129/2008/QĐ-BQP dated June 19, 2008, of the Minister of National Defense on conferring, promoting, and demoting military ranks and appointing, demoting, and dismissing non-commissioned officers and enlisted personnel of the Vietnam People's Army; Decision No. 128/2008/QĐ-BQP dated June 19, 2008, of the Minister of National Defense on military ranks and equivalent positions of non-commissioned officers and enlisted personnel of the Vietnam People's Army shall cease to be effective from the date this Circular takes effect.

Article 15. Responsibility for Implementation

1. The Chief of General Staff, heads of related agencies and units are responsible for implementing this Circular.

2. The Director of the Personnel Department under the General Staff Headquarters is responsible for guiding and implementing this Circular./.