Circular No. 12/2021/TT-BQP amends and supplements certain Articles of Circular No. 170/2016/TT-BQP dated October 30, 2016, issued by the Minister of National Defense, regarding the rank of military personnel corresponding to salary levels, promotion, demotion of ranks in cases of disciplinary action resulting in a reduction in pay grade; procedures, formalities, and authority to decide for professional military personnel, workers, and civil servants of national defense.

CIRCULAR

Amending and supplementing some articles of Circular No. 170/2016/TT-BQP dated October 30, 2016, issued by the Minister of National Defense, stipulating the rank of military service personnel corresponding to salary levels, promotion, advancement, demotion of ranks in cases of disciplinary reduction in pay grade; procedures, sequence, authority to decide for military service personnel.

tháng 10 năm 2016 của Bộ trưởng Bộ Quốc phòng quy định rank

of military service personnel corresponding to salary levels, promotion, advancement, demotion of ranks in cases of disciplinary reduction in pay grade; procedures, sequence, authority to decide for military service personnel, workers, and defense officials.

giáng cấp bậc quân hàm trong trường hợp bị kỷ luật hạ bậc lương; trình

The Minister of National Defense issues this Circular amending and supplementing some articles of Circular No. 170/2016/TT-BQP dated October 30, 2016, issued by the Minister of National Defense, stipulating the rank of military service personnel corresponding to salary levels, promotion, advancement, demotion of ranks in cases of disciplinary reduction in pay grade; procedures, sequence, authority to decide for military service personnel, workers, and defense officials.

Pursuant to the Law on Professional Military Personnel, Defense Workers, and Civil Servants dated November 26, 2015;

Pursuant to the Law on Professional Military Personnel, Workers, and Civil Servants of National Defense dated November 26, 2015;

Based on Decree No. 164/2017/NĐ-CP dated December 30, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

At the proposal of the Chief of General Staff;

Article 1. Amending and supplementing some articles of Circular No. 170/2016/TT-BQP dated October 30, 2016, issued by the Minister of National Defense, stipulating the rank of military service personnel corresponding to salary levels, promotion, advancement, demotion of ranks in cases of disciplinary reduction in pay grade; procedures, sequence, authority to decide for military service personnel, workers, and defense officials.

1. The rank of military service personnel corresponding to salary levels; promotion, advancement of ranks; demotion of ranks in cases of disciplinary reduction in pay grade; extension of age for active service for military service personnel.

1. Economic organizations conducting foreign exchange trading agency activities; economic organizations conducting foreign currency receipt and payment service provision activities; economic organizations conducting border country currency exchange agency activities.

"Article 1. Scope of Regulation

This Circular stipulates:

2. Procedures, sequence, authority for increasing pay grade, type, group, category, promotion, advancement of ranks; reducing pay grade, type, group, category, demotion of ranks; extension of age for active service and discharge from active service for military service personnel, workers, and defense officials.

2. Supplementing Chapter IIIa, including Articles 8a, 8b, 8c as follows:

Chapter IIIa

EXTENDING AGE FOR ACTIVE SERVICE FOR MILITARY SERVICE PERSONNEL

Article 8a. Objectives, conditions for extending age for active service

a) Military service personnel with a college degree or higher currently holding positions such as Technical Officer, Technical Staff Member, Trainer, Artist, Musician, Actor working in their field of training at research institutions, schools, hospitals, sports centers, art troupes, defense enterprises; units stationed in remote, border, and island areas.

1. Objectives:

b) Military service personnel working in narrow specialties requiring thorough training or specialties not yet trained by the Military; high-level craftsmen.

c) Military service personnel currently holding command and management positions at defense enterprises.

d) Military service personnel not falling under the categories specified in points a, b, and c of this paragraph shall be decided by the Minister of National Defense.

2. Conditions:

Military service personnel falling under the categories specified in Article 1 of this Circular may extend their age for active service if they meet all of the following conditions:

a) The unit has staffing requirements and needs for employment;

b) They have reached the maximum age for active service according to the rank stipulated in Clause 2, Article 17 of the Law on Military Service Personnel, Workers, and Defense Officials; there is no replacement available; they voluntarily continue to serve;

c) They possess political qualities, morals, and health sufficient to fulfill assigned tasks;

d) They have excellent technical and professional skills; high proficiency; good quality and effectiveness in work.

d) Có trình độ chuyên môn kỹ thuật, nghiệp vụ giỏi; tay nghề cao; chất lượng, hiệu quả công tác tốt.

Article 8b. Extension of Service Age

1. The extension of service age shall not exceed five years beyond the highest service age limit according to rank but shall not exceed the retirement age for workers under normal working conditions as adjusted according to the schedule of the Labor Code.

2. For the subjects specified in point c, Clause 1, Article 8a of this Circular, if the service age is extended, they shall cease to hold command or management positions; in special cases, this shall be decided by the Minister of National Defense.

3. During the period of extending the service age, if a professional soldier does not meet one of the conditions stipulated in Clause 2, Article 8a of this Circular, the unit shall consider terminating their service.

Article 8c. Benefits when Extending Service Age

During the period of extending the service age, professional soldiers shall receive salaries, allowances, and subsidies as prescribed by law.

3. The title (name) of Chapter IV is amended and supplemented as follows:

"Procedures, formalities, authority for increasing pay grade, changing category, transferring group, advancing rank, conferring, promoting military rank; reducing pay grade, category, group, rank, demoting military rank; extending service age and terminating service for professional soldiers, defense workers, and defense officials."

4. Article 9 shall be amended and supplemented as follows:

"Article 9. Authority for Increasing Pay Grade, Changing Category, Transferring Group, Advancing Rank, Conferring, Promoting Military Rank; Reducing Pay Grade, Category, Group, Rank, Demoting Military Rank; Extending Service Age and Terminating Service for Professional Soldiers, Defense Workers, and Defense Officials

1. Authority of the Minister of National Defense:

a) Bestow military rank on professional soldiers;

b) Increase pay grade, transfer group for professional soldiers with a salary coefficient of 6.80 or higher; promote military rank to Lieutenant Colonel for professional soldiers;

c) Change category for professional soldiers;

d) Increase pay grade, transfer group for defense workers and defense officials with a salary coefficient of 6.20 or higher;

đ) Change category for defense workers, advance rank for defense officials;

e) Extend service age for professional soldiers with the rank of Lieutenant Colonel and the subjects specified in point d, Clause 1, Article 8a, Clause 2, Article 8b of this Circular.

2. Authority of the Chief of General Staff:

a) Implement the authority of the commander of subordinate units of the Ministry of National Defense as stipulated in Clause 3 of this Article for the General Staff Headquarters and joint-stock enterprises directly under the Ministry of National Defense;

b) Approve the list of extending service age from one year (full twelve months) to no more than five years for professional soldiers with the rank of Colonel or below based on the proposals of subordinate units of the Ministry of National Defense.

3. Authority of the Commander of Subordinate Units of the Ministry of National Defense except joint-stock enterprises directly under the Ministry of National Defense:

a) Increase pay grade, transfer group for professional soldiers with a salary coefficient below 6.80; promote military rank from Second Lieutenant to Colonel for professional soldiers;

b) Increase pay grade, transfer group for defense workers and defense officials with a salary coefficient below 6.20;

c) Extend service age for professional soldiers with the rank of Colonel or below including:

- Extend service age less than one year;

- Extend service age from one year (full twelve months) to no more than five years after approval by the Chief of General Staff as stipulated in point b, Clause 2 of this Article.

4. The authority to promote military rank, increase pay grade up to a certain rank and salary coefficient level shall have the authority to grant seniority allowance exceeding the ceiling for professional soldiers, defense workers, and defense officials up to that rank and salary coefficient level.

5. The authority to increase pay grade, change category, transfer group, advance rank, promote military rank up to a certain rank and salary coefficient level shall have the authority to reduce pay grade, category, group, rank, demote military rank, and terminate service for professional soldiers, terminate service in the military for defense workers and defense officials up to that rank and salary coefficient level".

5. Article 10 is amended and supplemented as follows:

"Article 10. Authority to increase salary, upgrade category, transfer group, confer, and promote military rank for professional soldiers serving in reserve positions

1. The authority to increase salary, upgrade category, transfer group, confer, and promote military rank for professional soldiers serving in reserve positions shall be implemented according to the provisions at points a, b, c of Clause 1 and point a of Clause 3, Article 9 of this Circular.

2. The authority to reduce salary grade; downgrade category, group; demote military rank for professional soldiers serving in reserve positions shall be implemented according to the provision at Clause 5, Article 9 of this Circular".

6. Article 12 is amended and supplemented as follows:

"Article 12. Procedures and formalities for increasing salary, upgrading category, transferring group, promoting rank, and extending service age for professional soldiers, defense workers, and defense officials

1. Procedures and formalities within the authority of the commander of subordinate units under the Ministry of National Defense:

a) Professional soldiers, defense workers, and defense officials who have reached the salary increase period or meet the conditions and standards for upgrading category, transferring group for professional soldiers; upgrading category, transferring group for defense workers; promoting rank for defense officials; professional soldiers wishing to extend their service age report directly to the commander of battalion-level, company-level units and equivalent;

b) The Party Committee and commander of battalion-level, company-level units and equivalent are responsible for compiling, checking, reviewing, and proposing to the immediate superior in writing according to the management level;

c) The Military Force at regiment level and equivalent is responsible for compiling, examining proposals for salary increases, promotions in military ranks, upgrades in categories, transfers in groups, extensions of service age for professional soldiers; salary increases, upgrades in categories, transfers in groups for defense workers; salary increases, promotions in ranks for defense officials of subordinate units; passing the salary council excluding extensions of service age; reporting to the Party Committee and commander of regiment-level and equivalent units for review and proposal to the immediate superior in writing to the Ministry of National Defense;

d) The Military Force agency of subordinate units under the Ministry of National Defense receives, compiles, examines proposals from direct subordinate units; passes the salary council excluding extensions of service age; reports to the Party Committee and commander of the unit:

- Decisions on salary increases, group transfers, promotions in military ranks, extensions of service age for professional soldiers; salary increases, group transfers for defense workers; salary increases for defense officials within the authority as stipulated in Clause 3, Article 9 of this Circular;

- Reporting proposals for salary increases, upgrades in categories, transfers in groups, promotions in military ranks, extensions of service age for professional soldiers; salary increases, upgrades in categories, transfers in groups for defense workers; salary increases, promotions in ranks for defense officials within the authority as stipulated in Clauses 1 and 2, Article 9 of this Circular.

2. Procedures and formalities within the authority of the Minister of National Defense and Chief of General Staff: The Personnel Department receives reports and proposals from subordinate units under the Ministry of National Defense, examines, compiles, and reports to the Chief of General Staff and the Minister of National Defense for consideration and decision within the authority as stipulated in Clauses 1 and 2, Article 9 of this Circular.

3. Decisions of the competent authority on salary increases, upgrades in categories, transfers in groups, promotions in military ranks, and extensions of service age for professional soldiers; salary increases, upgrades in categories, transfers in groups for defense workers; salary increases, promotions in ranks for defense officials take effect from the date of signature.

After receiving the decision, the commanders at all levels (regiment, independent battalion, and equivalent) must organize the announcement and hand over the decision to professional soldiers, defense workers, and defense officials within no more than 15 working days. In special cases, the commander at regiment level and equivalent may consider and decide.

7. Article 13 is amended and supplemented as follows:

"Article 13. Documents and Time for Implementation

1. Documents:

a) Request documents from battalion, regiment-level commanders and equivalent to the subordinate units under the Ministry of National Defense;

b) Lists of requests for salary increase, rank promotion, group transfer, grade advancement, and extension of service age for professional soldiers, defense workers, and defense officials;

c) Copies of relevant documents concerning salary increase, rank promotion, group transfer, grade advancement, and extension of service age for professional soldiers, defense workers, and defense officials.

2. Implementation Time:

a) The Minister of National Defense shall examine and decide on salary increases, rank promotions, group transfers, and grade advancements for professional soldiers up to the rank of Senior Lieutenant Colonel; salary increases, rank promotions, and group transfers for defense workers; salary increases and grade advancements for defense officials; and allowance for exceeding the tenure framework within the authority stipulated in Clause 1 and Clause 4, Article 9 of this Circular in July each year.

b) The Minister of National Defense and the Chief of General Staff shall examine and decide on extensions of service age within the authority stipulated in Clause 1 and Clause 2, Article 9 of this Circular at the end of each quarter; units shall report their requests to the Ministry of National Defense and the General Staff Department (through the Military Personnel Bureau) three months (90 days) prior to the highest service age limit according to the military rank of professional soldiers.

c) Subordinate units under the Ministry of National Defense shall examine and decide on salary increases, group transfers, and rank advancements for professional soldiers; salary increases and group transfers for defense workers and defense officials; and allowance for exceeding the tenure framework within the authority stipulated in Clause 3 and Clause 4, Article 9 of this Circular in July each year.

d) Professional soldiers, defense workers, and defense officials during the preparation period for retirement may be examined and granted salary increases ahead of schedule by the competent authority. The examination and granting of salary increases ahead of schedule shall be carried out at the end of each quarter.

Article 2. Effective Date

This Circular takes effect from March 15, 2021.

Article 3. Responsibility for Implementation

The Chief of General Staff, heads of agencies, organizations, units, and individuals related to this Circular are responsible for its implementation./.