Circular No. 11/2012/TT-BQP on the implementation of discharge for non-commissioned officers and soldiers of the Vietnam People's Army

CIRCULAR

Provisions on the discharge from military service for non-commissioned officers and soldiers of the Vietnam People's Army

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Pursuant to the Law on Legislative Documents of 2008;

Based on the Military Service Law of 1981, the Law Amending and Supplementing Certain Articles of the Military Service Law of 1990, 1994, and 2005;

Based on Decree No. 54/CP dated August 7, 1995 of the Government promulgating the Regulations on Active Duty Service of Non-Commissioned Officers and Soldiers of the Vietnam People's Army and Decree No. 17/2007/NĐ-CP dated February 1, 2007 of the Government amending and supplementing certain articles of the Regulations on Active Duty Service of Non-Commissioned Officers and Soldiers of the Vietnam People's Army;

Pursuant to Decision No. 257/2006/QĐ-TTg dated November 9, 2006 of the Prime Minister promulgating regulations on frequency band allocation for economic and social purposes, national defense, and security;

CONSIDERING the proposal of the General Staff; The Minister of National Defense stipulates the implementation of discharge from military service for non-commissioned officers and soldiers serving active duty in the Vietnam People's Army as follows:

Article 1. Scope of Regulation and Applicability

1.   Scope of Regulation

This Circular stipulates conditions, procedures, files, policies; authorities, responsibilities of agencies, units, and individuals in implementing discharge from military service for non-commissioned officers and soldiers.

2.   Applicability

Non-commissioned officers and soldiers serving active duty in the Vietnam People's Army as prescribed by the Military Service Law; relevant agencies, units, and individuals.

Article 2. Provisions on Discharge

1.   Discharge from military service for non-commissioned officers and soldiers means transferring out of the regular force roster of the military to serve in reserve ranks as prescribed by the Military Service Law.

2.   Discharge from military service for non-commissioned officers and soldiers includes:

a)   Discharge at the end of term;

b)   Discharge after the term;

c)   Discharge before the term.

3.   When non-commissioned officers and soldiers are discharged, they enjoy benefits according to state policies.

4.   The starting point of the active duty period and the ending point of the active duty period of non-commissioned officers and soldiers are as follows:

a)   The starting point of the active duty period of non-commissioned officers and soldiers is calculated from the date when the competent authority issues the regulations and manages them in all aspects under the military;

b)   The ending point of the active duty period of non-commissioned officers and soldiers is the day when the competent authority signs the decision on discharge.

Article 3. Conditions for Discharge

Non-commissioned officers and soldiers who have served the required term in the Vietnam People's Army and meet the conditions prescribed by the Military Service Law shall be discharged.

1.   Discharge at the end of term:

a)   Served active duty for 18 months including:

-   Non-commissioned officers and soldiers not belonging to the category of serving 24 months;

-   Non-commissioned officers and soldiers with technical expertise prior to enlistment being utilized in their respective fields.

b)   Served active duty for 24 months including: Non-commissioned officers and soldiers trained in units, educated in military schools within the list of military professions as prescribed in Decision No. 146/2006/QĐ-BQP dated June 28, 2006 of the Minister of National Defense on issuing the list of non-commissioned officers commanding, non-commissioned officers, and soldiers with technical expertise trained by the military during peacetime with a term of active duty of 24 months.

2.   Discharge after the term: Non-commissioned officers and soldiers who have completed the term of active duty as stipulated in Clause 1 of this Article, may be retained for additional service time by the Minister of National Defense according to the provisions of the Military Service Law.

3.   Discharge before the term when one of the following conditions exists:

a)   Not meeting the health standards for active duty as prescribed in Joint Circular No. 36/2011/TTLT-BYT-BQP dated October 17, 2011 of the Ministry of Health-Ministry of National Defense, concluded by the Health Assessment Board at division level or equivalent or the authorized medical assessment board;

b)   Difficult family circumstances as prescribed in Article 29 of the Law Amending and Supplementing Certain Articles of the Military Service Law of 2005, confirmed by the People's Committee of commune, ward, town (hereinafter referred to as the People's Committee of commune) and the Military Command of district, county, town, city under province (hereinafter referred to as the Military Command of district);

c)   Not meeting political and moral standards as prescribed in Joint Circular No. 76/2006/TTLT BQP-BCA dated May 3, 2006 of the Ministry of National Defense-Ministry of Public Security guiding political standards, principles, and procedures for selecting citizens to serve in the military;

d)   Other special cases implemented according to the decision of the Minister of National Defense or the Chief of General Staff of the Vietnam People's Army;

e)   Non-commissioned officers and soldiers who have a decision of the Minister of National Defense retaining them for additional service time according to the provisions of Clause 2, Article of this Law, but during that time, other conditions for discharge before the term arise as prescribed in Points a, b, and c, Clause 3, Article of this Law, then they still can be discharged according to the provisions of Clause 3, Article of this Law.

Article 4. Military personnel discharge files

1.   Discharge at the scheduled time and after the scheduled time

a)   The discharge decision for non-commissioned officers and soldiers shall be made in five copies and handed over to the Military Command Board of the district: one copy; the financial department of the unit: one copy; retained at the unit handling discharge procedures: one copy; non-commissioned officers and soldiers being discharged: two copies (the individual keeps one copy and submits one copy to the vocational training facility where the military personnel are undergoing training upon discharge);

b)  Military personnel discharge file includes:

-  Military service record;

-  Military service health form;

-  Military personnel form;

-  Discharge decision;

-  Other documents (if any).

2.   Discharge before the scheduled time

a)   Non-commissioned officers and soldiers who have served less than one month will not have a discharge decision issued by the unit, but instead, a document clearly stating the reasons for not meeting the conditions for serving will be prepared along with the enlistment file returned to the local authority for management;

b)  For non-commissioned officers and soldiers who have served for one month or more due to not meeting the conditions for serving, the discharge procedure file includes:

-  Discharge decision (as stipulated in Point a, Clause 1, this Article) clearly stating the reason for early discharge;

-  Military personnel file (as stipulated in Point b, Clause 1, this Article) accompanied by a health assessment report or medical examination report if discharged early due to insufficient health for service (as stipulated in Point a, Clause 3, Article 3 of this Circular); confirmation letter from the People's Committee of the commune and the Military Command Board of the district if discharged early due to difficult family circumstances (as stipulated in Point b, Clause 3, Article 3 of this Circular) or a background investigation report concluding that they do not meet the political and moral standards as prescribed in Joint Circular No. 76/2006/TTLT-BQP-BCA dated May 3, 2006 of the Ministry of National Defense and the Ministry of Public Security (as stipulated in Point c, Clause 3, Article 3 of this Circular).

concludes that they do not meet the political and moral standards as stipulated in Circular Joint Circular No. 76/2006/TTLT-BQP-BCA dated May 3, 2006 of the Ministry of National Defense and the Ministry of Public Security (as specified in Point c, Clause 3, Article 3 of this Circular).

Article 5. Benefits and policies upon discharge

1.   Non-commissioned officers and soldiers upon discharge shall enjoy 100% of the rank allowance of the month when the discharge decision was signed; food allowance until the day of discharge; the unit shall organize farewell and transportation back to their place of residence or provide travel money (ordinary class) and travel allowance from the unit to the place of residence.

2.   Benefits, policies, and rights of non-commissioned officers and soldiers shall be enjoyed according to Circular No. 213/2006/TT-BQP dated December 23, 2006 of the Ministry of National Defense guiding the implementation of Decree No. 122/2006/NĐ-CP dated October 26, 2006 of the Government on benefits and policies for non-commissioned officers and soldiers serving in the military and Circular No. 75/2009/TT-BQP dated September 18, 2009 of the Ministry of National Defense on amending and adjusting some allowances and expenditure standards in the military.

3.   Enjoy social insurance benefits as prescribed by the Social Insurance Law.

Article 6. Rights and responsibilities

1.   Rights:

a)   The Chief of General Staff determines the annual discharge time and number of non-commissioned officers and soldiers to be discharged;

b)  Commanders at division level and above have the right to sign discharge decisions for non-commissioned officers and soldiers under their command;

c)   In cases of early discharge due to insufficient health, the decision is made by commanders at corps level and above;

d)  Within twelve months, if non-commissioned officers and soldiers have been discharged and wish to change the discharge decision to transfer to another profession, and are accepted to work in state agencies, organizations, or economic entities participating in mandatory social insurance for all five benefits, the change of the discharge decision shall be decided by the Commander of the Military Command Board of the district where the non-commissioned officer or soldier resides.

2.   Responsibilities:

a) Commanders of units at division level and above are responsible for implementing discharge procedures for non-commissioned officers and soldiers under their command; notifying the discharge time one month in advance to non-commissioned officers and soldiers, the People's Committee of the district, and the base unit where the non-commissioned officers and soldiers reside or worked before enlistment; organizing farewell and transportation of non-commissioned officers and soldiers to hand over to the People's Committee of the district where the troops were mobilized; not retaining non-commissioned officers and soldiers beyond the limit without a decision from the Minister of National Defense;

Relevant agencies and units assist the commander in completing discharge procedures, files, benefits, and policies for non-commissioned officers and soldiers before discharge; compiling a list of discharged non-commissioned officers and soldiers to send to the Military Command Board of the district for management and registration in the reserve cadre;

b)  The Military Command Board of the district advises the People's Committee of the district to organize the reception of discharged non-commissioned officers and soldiers back to the locality as prescribed;

c)   The Commander of the Military Command Board of the district is responsible for changing the discharge decision for non-commissioned officers and soldiers who have been discharged and wish to change the discharge decision to transfer professions as stipulated in Point d, Clause 1, this Article.

Article 7. Effective Date

This Circular takes effect from April 5, 2012; replacing Decision No. 2528/2000/QĐ-BQP dated November 2, 2000 of the Minister of National Defense on the implementation of discharge for non-commissioned officers and soldiers.

Article 8. Responsibility for Implementation

The Chief of General Staff and commanders of relevant agencies and units are responsible for implementing this Circular; during the implementation process, if there are difficulties, they should report to the Ministry of National Defense (through the Military Affairs Department) for consideration and resolution.