Law on the Service System of Officers of the Vietnam People's Army number 109-SL/L11

LAW

REGULATIONS ON THE SERVICE SYSTEM OF OFFICERS OF THE PEOPLE'S ARMED FORCES OF VIETNAM

(APPROVED BY THE NATIONAL ASSEMBLY AT THE SESSION ON APRIL 29, 1958)

TO PROMOTE THE CONSTRUCTION OF THE PEOPLE'S ARMED FORCES IN A REGULAR AND MODERN MANNER, TO STRENGTHEN NATIONAL DEFENSE CAPACITY, AND TO ENSURE THE TASKS OF PROTECTING THE COUNTRY AND SERVING THE PEOPLE;

TO DEFINE THE RESPONSIBILITIES, RIGHTS, AND HONORS FOR OFFICERS IN THE ARMED FORCES, TO ENHANCE THEIR SPIRIT OF RESPONSIBILITY, ORGANIZATIONAL AWARENESS, AND DISCIPLINE;

NOW, THE SERVICE SYSTEM OF OFFICERS OF THE PEOPLE'S ARMED FORCES OF VIETNAM IS REGULATED AS FOLLOWS:

PART I

GENERAL PROVISIONS

Article 1.

MILITARY PERSONNEL AT THE RANKS OF GENERAL, COLONEL, AND LIEUTENANT ARE ALL REFERRED TO AS OFFICERS.

Article 2.

FROM THE PERSPECTIVE OF PROFESSIONAL ACTIVITIES IN THE ARMED FORCES, OFFICERS ARE DIVIDED INTO THE FOLLOWING TYPES:

- COMMAND OFFICERS

- POLITICAL OFFICERS

- LOGISTICS OFFICERS

- TECHNICAL OFFICERS

- MEDICAL AND VETERINARY OFFICERS

- JUDICIAL OFFICERS

- ADMINISTRATIVE OFFICERS.

Article 3.

FROM THE PERSPECTIVE OF SERVICE CONDITIONS, OFFICERS ARE DIVIDED INTO ACTIVE-DUTY OFFICERS AND RESERVE OFFICERS.

- ACTIVE-DUTY OFFICERS INCLUDE OFFICERS IN UNITS AND DETACHED OFFICERS.

- RESERVE OFFICERS ARE DIVIDED INTO TWO CLASSES: CLASS 1 RESERVE OFFICERS AND CLASS 2 RESERVE OFFICERS, ACCORDING TO THE MAXIMUM AGE LIMIT FOR SERVICE AS PROVIDED IN ARTICLE 39 BELOW.

Article 4.

THE FOLLOWING PERSONS ARE ELIGIBLE FOR RECRUITMENT AS ACTIVE-DUTY OFFICERS:

1) IN TIMES OF PEACE:

a) MILITARY PERSONNEL GRADUATING FROM OFFICER TRAINING INSTITUTES UNDER THE MINISTRY OF NATIONAL DEFENSE.

b) RESERVE OFFICERS INDIVIDUALLY CALLED UP.

2) IN TIMES OF WAR:

a) RESERVE OFFICERS WHO ARE FULLY MOBILIZED.

b) MILITARY PERSONNEL GRADUATING FROM OFFICER TRAINING INSTITUTES UNDER THE MINISTRY OF NATIONAL DEFENSE.

c) NON-COMMISSIONED OFFICERS AND SOLDIERS WHO HAVE DISPLAYED COURAGE, AGILITY, AND ACHIEVED DISTINCTION IN BATTLE OR IN WORK.

d) CIVILIAN OFFICERS FROM OUTSIDE THE ARMED FORCES WHO ARE CONSCRIPTED BY THE MINISTRY OF NATIONAL DEFENSE.

Article 5.

RESERVE OFFICERS INCLUDE:

a) OFFICERS PLACED IN THE RESERVE RANK ACCORDING TO ARTICLE 30.

b) NON-COMMISSIONED OFFICERS WHO HAVE COMPLETED THEIR ACTIVE-DUTY PERIOD BEFORE BEING TRANSFERRED TO THE RESERVE, OR WHO HAVE PASSED THE RESERVE OFFICER EXAMINATION DURING THE RESERVE PERIOD AND BEEN PROMOTED TO THE RANK OF RESERVE LIEUTENANT.

c) STUDENTS GRADUATING FROM UNIVERSITIES AND PROFESSIONAL TECHNICAL SCHOOLS WHO HAVE PASSED THE RESERVE OFFICER EXAMINATION, OR WHO HAVE THE SPECIALIZED KNOWLEDGE NECESSARY TO PERFORM DUTIES IN THE ARMED FORCES AND HAVE BEEN PROMOTED TO THE RANK OF RESERVE OFFICER.

PART II

RANKS AND POSITIONS OF OFFICERS

PART 1

RANKS OF OFFICERS

Article 6.

THE SYSTEM OF OFFICER RANKS IN THE PEOPLE'S ARMED FORCES OF VIETNAM INCLUDES THE FOLLOWING RANKS:

1) GENERAL: FIELD MARSHAL

Deputy Chief of General Staff

Lieutenant General

LIEUTENANT GENERAL.

2) COLONEL: MAJOR GENERAL

Senior Colonel

Colonel

Lieutenant Colonel.

3) LIEUTENANT: MAJOR LIEUTENANT

Captain

Senior Lieutenant

Junior Lieutenant.

SUB-LIEUTENANT IS NOT YET AN OFFICER BUT IS A PREPARATORY RANK FOR BECOMING AN OFFICER.

Article 7.

THE DECISION TO PROMOTE OFFICERS TO RANKS IS BASED ON POLITICAL QUALITY, PROFESSIONAL ABILITY, CURRENT RANK AND POSITION, PERFORMANCE IN THE ARMED FORCES, AND CONTRIBUTIONS TO THE REVOLUTION.

Article 8.

OFFICERS MAY BE PROMOTED TO THE RANK OF LIEUTENANT:

1) THOSE MILITARY PERSONNEL GRADUATING FROM OFFICER TRAINING INSTITUTES UNDER THE MINISTRY OF NATIONAL DEFENSE.

2) NON-COMMISSIONED OFFICERS AND SOLDIERS WHO HAVE DISPLAYED COURAGE, AGILITY, AND ACHIEVED DISTINCTION IN BATTLE OR IN WORK.

CIVILIAN OFFICERS FROM OUTSIDE THE ARMED FORCES WHO ARE CONSCRIPTED BY THE MINISTRY OF NATIONAL DEFENSE MAY BE PROMOTED TO THE RANK OF LIEUTENANT OR A HIGHER RANK.

Article 9.

THE AUTHORITY TO PROMOTE OFFICERS TO RANKS IS AS FOLLOWS:

- THE PRESIDENT OF THE STATE PROMOTES THE RANKS OF LIEUTENANT GENERAL, MAJOR GENERAL, SENIOR GENERAL, AND FIELD MARSHAL.

- THE PRIME MINISTER PROMOTES THE RANKS OF SENIOR COLONEL AND MAJOR GENERAL.

- THE MINISTER OF NATIONAL DEFENSE PROMOTES THE RANKS OF LIEUTENANT, SUB-LIEUTENANT, SENIOR LIEUTENANT, MAJOR LIEUTENANT, CAPTAIN, AND MAJOR.

Article 10.

THE DECISION TO PROMOTE OFFICERS TO HIGHER RANKS IS BASED ON THE YEARS SPENT IN THE CURRENT RANK, POLITICAL QUALITY, PROFESSIONAL ABILITY, PERFORMANCE IN BATTLE AND WORK.

Article 11.

THE MINIMUM YEARS OF SERVICE REQUIRED FOR OFFICERS TO BE ELIGIBLE FOR PROMOTION TO A HIGHER RANK ARE AS FOLLOWS:

- FROM LIEUTENANT TO SUB-LIEUTENANT 3 YEARS

- FROM SUB-LIEUTENANT TO SENIOR LIEUTENANT 3 YEARS

- FROM SENIOR LIEUTENANT TO MAJOR LIEUTENANT 4 YEARS

- FROM MAJOR LIEUTENANT TO CAPTAIN 4 YEARS

- FROM CAPTAIN TO MAJOR 4 YEARS

- FROM MAJOR TO SENIOR COLONEL 4 YEARS

- FROM SENIOR COLONEL TO MAJOR GENERAL 5 YEARS

FOR RANKS OF MAJOR GENERAL AND ABOVE, PROMOTION IS BASED ON THE NEEDS OF THE ARMED FORCES, ABILITY, AND PERFORMANCE OF THE OFFICER.

Article 12.

THE TIME OFFICERS SPEND IN MILITARY SCHOOLS COUNTS TOWARDS THE YEARS OF SERVICE FOR PROMOTION.

Article 13.

OFFICERS WITH DISTINGUISHED PERFORMANCE IN BATTLE OR WORK MAY BE PROMOTED BEFORE THEY HAVE MET THE MINIMUM YEARS OF SERVICE REQUIREMENT.

Article 14.

OFFICERS WHO HAVE MET THE MINIMUM YEARS OF SERVICE REQUIREMENT FOR PROMOTION BUT DO NOT MEET THE CRITERIA FOR PROMOTION AS STATED IN ARTICLE 10 MAY HAVE THEIR SERVICE PERIOD EXTENDED FOR ONE TO THREE YEARS. AFTER THIS PERIOD, IF THEY STILL DO NOT MEET THE CRITERIA FOR PROMOTION, THEY WILL BE TRANSFERRED TO THE RESERVE RANK.

Article 15.

THE AUTHORITY TO PROMOTE OFFICERS TO RANKS IS AS FOLLOWS:

- THE PRESIDENT OF THE STATE DECIDES TO PROMOTE TO THE RANKS OF LIEUTENANT GENERAL, MAJOR GENERAL, SENIOR GENERAL, AND FIELD MARSHAL.

- THE PRIME MINISTER DECIDES TO PROMOTE TO THE RANKS OF SENIOR COLONEL AND MAJOR GENERAL.

- THE MINISTER OF NATIONAL DEFENSE DECIDES TO PROMOTE TO THE RANKS OF SENIOR LIEUTENANT, MAJOR LIEUTENANT, CAPTAIN, AND MAJOR.

- THE CHIEF OF THE GENERAL STAFF, HEADS OF DEPARTMENTS, INSPECTOR GENERAL OF THE ARMED FORCES, AND EQUIVALENT LEVELS DECIDE TO PROMOTE SUB-LIEUTENANTS UNDER THEIR COMMAND TO THE RANK OF LIEUTENANT AND TRUNG UÝ TO THE RANK OF SENIOR LIEUTENANT.

- COMMANDERS AND POLITICAL COMMISSARS OF MILITARY ZONES DECIDE TO PROMOTE SUB-LIEUTENANTS UNDER THEIR COMMAND TO THE RANK OF LIEUTENANT; THE MINISTER OF NATIONAL DEFENSE MAY DELEGATE THIS AUTHORITY TO COMMANDERS AND POLITICAL COMMISSARS OF MILITARY ZONES TO PROMOTE TRUNG UÝ UNDER THEIR COMMAND TO THE RANK OF SENIOR LIEUTENANT.

Article 16.

EACH TIME AN OFFICER IS PROMOTED, THEY ARE PROMOTED BY ONE RANK. IN SPECIAL CASES WHERE PROMOTION BY MORE THAN ONE RANK IS NECESSARY, PROMOTION FROM LIEUTENANT TO MAJOR IS DECIDED BY THE MINISTER OF NATIONAL DEFENSE; FROM MAJOR TO CAPTAIN BY THE PRIME MINISTER; AND FROM LIEUTENANT GENERAL AND ABOVE BY THE PRESIDENT OF THE STATE.

Article 17.

THE AUTHORITY TO PROMOTE TO A RANK ALSO HAS THE AUTHORITY TO DEMOTE FROM THAT RANK. WHEN DEMOTING, ONLY ONE RANK CAN BE DEMOTED AT A TIME. IN CASES WHERE MULTIPLE RANKS MUST BE DEMOTED, FOR OFFICERS FROM LIEUTENANT GENERAL TO FIELD MARSHAL, THE PRESIDENT OF THE STATE DECIDES; FROM SENIOR COLONEL TO MAJOR GENERAL, THE PRIME MINISTER DECIDES; AND FROM MAJOR DOWNWARDS, THE MINISTER OF NATIONAL DEFENSE DECIDES. DISCIPLINARY DEMOTION DOES NOT APPLY TO LIEUTENANT.

Article 18.

FOR OFFICERS WHO ARE DEMOTED, THE YEARS OF SERVICE FOR PROMOTION TO THE NEW RANK START FROM THE DATE OF DEMOTION.

Officers who have been demoted in rank and have corrected their mistakes, or have shown outstanding performance in combat or work, may have their promotion period shortened.

Article 19.

Officers on active duty or reserve officers who commit crimes and are sentenced to imprisonment by a court may have their officer ranks revoked. The level at which the officer rank is revoked shall be decided by the authority that conferred or promoted them to that rank.

Article 20.

Those whose officer ranks have been revoked under Article 19, after completing their prison terms, may, depending on the needs of the Military, be called back for continued service in the Military, and may, based on the nature of the mistake committed, the degree of rehabilitation, and the work capability of the officer, be conferred an appropriate rank.

PART 2

OFFICER POSITIONS

Article 21.

Each rank has a corresponding position within the establishment.

The system of positions within the Military's establishment is determined by the Government based on the specific organizational situation of the Military during each period.

Article 22.

The appointment of officers to positions within the Military's establishment is based on their political qualities and professional capabilities. The appointment of officers to positions within the Military's establishment is also based on the needs of the establishment.

Article 23.

The powers to appoint, demote, and dismiss officers from positions are as follows:

1- The President decides on the positions of Commander-in-Chief, Chief of General Staff, Deputy Chief of General Staff, Directors and Deputy Directors of General Departments, Inspector General and Deputy Inspector General of the Military, Commanders, Political Commissars of Military Regions, and equivalent positions.

2- The Prime Minister decides on the positions of Deputy Commanders of Military Regions, Chiefs of Staff and Political Directors of Military Regions, Division Commanders, Political Commissars of Divisions, Deputy Division Commanders, and equivalent positions.

3- The Minister of National Defense decides on the positions from Brigade Commanders, Political Commissars of Brigades downwards. The Minister of National Defense may delegate this decision-making power to the Deputy Chief of General Staff, Directors of General Departments, Commanders, and Political Commissars of Military Regions and equivalent positions for positions from Battalion Commanders downwards.

Article 24.

Due to work requirements or health reasons, an officer may be assigned to a lower position than the one corresponding to their rank. However, this does not constitute a demotion, and the officer retains their original rank.

Article 25.

In emergency situations, the head of a unit at the level of Brigade Commander or higher has the right to decide to suspend the position of officers under their command by two levels, and can designate someone else to replace them, but must immediately report to the competent authority for review.

Article 26.

Officers on active duty assigned by the Ministry of National Defense to other sectors outside the Military to undertake military or defense-related tasks are referred to as detached officers on active duty.

Article 27.

Other sectors outside the Military, if they wish to change the duties of a detached officer to work in their sector, must obtain the consent of the Ministry of National Defense.

The Ministry of National Defense has the right to change the assignment of a detached officer or recall them to serve in the Military.

Article 28.

Detached officers have the obligations and benefits like other officers on active duty.

Detached officers have the duty to participate in military training courses as prescribed by the Ministry of National Defense.

The salary and allowances of detached officers are borne by the employing agency based on the position assigned to the officer, but must not be lower than the standard previously enjoyed by the officer in the Military.

CHAPTER III

OFFICERS LEAVING ACTIVE DUTY, TRANSFERRING TO RESERVE STATUS,

DISCHARGE FROM RESERVE STATUS

Article 29.

Officers on active duty in any of the following circumstances, upon approval by the competent authority, may leave active duty:

1) Exceeding the age limit for active duty as stipulated in Article 39.

2) No longer meeting the health conditions required to continue working on active duty.

3) The Military implements restructuring and reduces personnel.

4) Transferred to another sector to take up different work outside the Military.

5) Lack the necessary professional skills or conditions to continue working on active duty.

6) The officer personally requests and obtains approval from the competent authority.

Article 30.

Officers leaving active duty who still meet the conditions regarding age, health, and capability to serve in the reserve status, and with the approval of the competent authority, may be placed in the reserve status.

Article 31.

Reserve officers have the duty to participate in military training courses as prescribed by the Ministry of National Defense.

Article 32.

Reserve officers who show outstanding performance during military training courses may be promoted in rank.

Article 33.

If a reserve officer commits a crime during participation in military training courses, they will be tried by a Military Court.

Article 34.

During wartime, reserve officers may be called up in part or in full to serve on active duty according to orders from the Minister of National Defense or those authorized by the Minister. During peacetime, depending on the needs of the Military, reserve officers may be called up individually to serve on active duty.

Article 35.

Reserve officers in any of the following circumstances, upon approval by the competent authority, may be discharged from reserve status:

1) Having served until the end of the second reserve age limit for their rank.

2) Being ill, injured, disabled, and unable to serve further.

Article 36.

Officers leaving active duty, reserve officers, and reserve officers discharged from reserve status retain their previous rank titles.

Article 37.

The following authorities have the power to approve officers leaving active duty, transferring to reserve status, or being discharged from reserve status:

1) The President decides on the ranks of Lieutenant General, Major General, Senior General, and General.

2) The Prime Minister decides on the ranks of Senior Colonel and Colonel.

3) The Minister of National Defense decides on the ranks of Senior Lieutenant, Major, Lieutenant Colonel, and Colonel.

4) The Deputy Chief of General Staff, Directors of General Departments, Inspector General of the Military, and equivalent positions decide on the ranks of Second Lieutenants, First Lieutenants, and Senior Lieutenants under their command.

5) Commanders and Political Commissars of Military Regions, or equivalent positions, decide on the ranks of Second Lieutenants and First Lieutenants under their command. Depending on the specific situation of each Military Region, the Minister of National Defense may delegate this decision-making power to Commanders and Political Commissars of Military Regions for the ranks of Senior Lieutenants under their command.

PART IV

OBLIGATIONS AND BENEFITS OF OFFICERS

Article 38.

Officers have the rights and obligations of citizens as defined in the Constitution of the Democratic Republic of Vietnam.

Article 39.

The highest service age limits for officers on active duty and reserve officers are set as follows:

For naval and air force officers at the rank of Lieutenant General and above, there is no maximum age limit for service.

The maximum age limit for technical specialist officers, medical officers, and veterinary officers shall be determined by the Minister of National Defense.

Article 40.

Depending on the needs of the Military, the Minister of National Defense has the authority to extend the period of active service for officers from the rank of Sub-Lieutenant to Major up to the second reserve period of each rank. For the rank of Brigadier General, if an extension of service is required, it must be approved by the Prime Minister.

Article 41.

During peacetime, serving officers are entitled to annual leave. Upon declaration of a state of war, all officers on leave must immediately return to their units. Any violation of this provision will result in disciplinary action.

Article 42.

An officer with a higher rank is superior to an officer with a lower rank. In cases where an officer's position depends on another officer at a lower or equal rank, the officer holding the dependent position is subordinate to the officer holding the higher position.

Article 43.

If an officer does not accept an assigned task or delays accepting a task without a valid reason when instructed by a superior, they will face disciplinary action.

Article 44.

Officers who achieve meritorious deeds will be awarded medals, commendations, certificates of merit, or honorary titles according to current regulations.

Article 45.

Officers must wear insignia corresponding to their rank. Reserve officers may only wear their insignia while attending military training classes. Any violation of this rule will result in disciplinary action. The models of insignia, rank badges, shoulder boards, and ceremonial uniforms for officers shall be prescribed by the Government.

Article 46.

The provisions regarding discipline mentioned in Articles 41, 43, and 45 above shall be detailed by the Government in the Military Regulations.

CHAPTER V

IMPLEMENTING PROVISIONS

Article 47.

Decree No. 116/SL dated January 25, 1948 established a system of ranks, and Decree No. 131/SL dated February 15, 1948 classified and set promotion limits for Captains, Majors, and Lieutenants in the National Army of Vietnam, and all other provisions in previous regulations that conflict with this Law are hereby repealed.

Article 48.

The Government shall provide detailed implementation of this Law./.