Circular No. 14/2003/TT-BQP guiding the implementation of Government Decree No. 26/2002/NĐ-CP dated March 21, 2002 on reserve officers of the Vietnam People's Army

CIRCULAR

HGUIDELINES FOR IMPLEMENTING DECREE NO. 26/2002/NĐ-CP OF THE GOVERNMENT ON RESERVE OFFICERS OF THE VIETNAMESE PEOPLE'S ARMY

To implement Decree No. 26/2002/NĐ-CP of the Government on Reserve Officers of the Vietnamese People's Army (hereinafter referred to as Decree No. 26/CP), the Ministry of National Defense provides detailed guidelines for implementing certain contents as follows:

I. SELECTION AND TRAINING OF RESERVE OFFICERS

1. Planning the training of reserve officers

1.1. Military regions have the responsibility to develop plans for the training of reserve officers for the following year and report to the Political General Department by August each year.

1.2. The Political General Department takes the lead in coordinating with the General Staff to develop plans for the training of reserve officers, which will be reported to the Ministry of National Defense for approval by the Government, and then allocate quotas to ministries, provinces, centrally governed cities (hereinafter collectively referred to as provinces) and units under the Ministry of National Defense for implementation.

2. Selection criteria for those going to train as reserve officers

2.1. Select individuals with clear backgrounds, meeting political standards to be developed into members of the Communist Party of Vietnam, having firm political convictions, loyal to the Party, the country, and the people, possessing good moral qualities; having appropriate levels of expertise, specialized knowledge, education, and age suitable for each category; physical health from Class 1 to Class 3.

2.2. Specific criteria:

a) Professional military personnel, non-commissioned officers when leaving active service; reserve non-commissioned officers of the first rank who have held positions such as deputy platoon leaders or squad leaders and equivalent positions, with a high school education, if lacking, may have up to a junior high school education, for ethnic minorities, up to elementary school education; age not exceeding 30;

b) Cadres and civil servants, and those enjoying benefits similar to cadres and civil servants (hereinafter collectively referred to as cadres and civil servants) currently working in party, state, and political-social organizations at the commune, township, town level (hereinafter collectively referred to as commune) and above, with a high school education, for ethnic minorities, up to junior high school education; age not exceeding 35;

c) Individuals holding a bachelor's degree or higher in relevant fields, age not exceeding 35;

d) University graduates with relevant majors, members of the Ho Chi Minh Communist Youth Union, age not exceeding 30.

3. Selection, review, and calling individuals to train as reserve officers

3.1. Cadres and civil servants, university graduates, and reserve non-commissioned officers of the first rank currently working or permanently residing in localities shall be selected by the military agencies of counties, districts, towns, and centrally governed cities (hereinafter referred to as counties) according to plans and directives of the County People's Committee, guided by superior military agencies; after the military region reviews, the Chairman of the County People's Committee issues decisions to call individuals to train as reserve officers. Selection expenses are covered by the county budget for national defense.

3.2. University graduates shall be selected by academies and universities according to plans and directives of the Ministry of Education and Training; the Ministry of Education and Training proposes the Ministry of National Defense to issue decisions to call them to train as reserve officers; Directors of academies and Deans of universities organize the issuance of orders to call individuals to train as reserve officers from the Minister of National Defense to each graduate. Selection expenses are covered by the state budget allocated to the Ministry of Education and Training.

3.3. Professional military personnel and non-commissioned officers leaving active service: according to the plan of the Ministry of National Defense, commanders of units under the Ministry of National Defense issue decisions to call individuals within their units to train as reserve officers. Selection expenses are covered by the state budget allocated to the Ministry of National Defense.

4. Organizing the training of reserve officers

4.1. Academies, officer schools, military schools of military regions, and corps organize the training and awarding of graduation certificates for reserve officers. Training expenses for reserve officers are covered by the national defense budget within the regular education and training budget of the institution.

4.2. Based on the target group, objectives, and requirements for training reserve officers, the General Staff determines the content and curriculum for each specific specialty; the duration is from 3 to 6 months.

II. REGISTRATION AND MANAGEMENT OF RESERVE OFFICERS

1. Transfer to the reserve officer rank

1.1. Officers and cadres who are professional military personnel leaving active service (retiring, transferring to other sectors, receiving retirement benefits), if still meeting the criteria and conditions for serving in the reserve rank, the unit managing that cadre (according to the分级授权) must complete the file in accordance with Clause 4 of this Section, introduce to the military agency of the county to register into the reserve rank in accordance with Article 12 of Decree No. 26/CP; for cadres who are professional military personnel, based on the position they can hold in the reserve mobilization unit and the current salary, propose the Ministry of National Defense to confer the rank of reserve officer before introducing to register into the reserve rank.

1.2. When trainees complete the training of reserve officers, training institutions are responsible for completing the file in accordance with Clause 4 of this Section, introduce reserve officers to the military agency of the county to register into the reserve rank in accordance with Article 12 of Decree No. 26/CP.

2. Tasks and responsibilities for registration and management

2.1. Registration and management tasks of reserve officers at all levels:

a) Strictly manage the quantity and quality of the reserve officer team under their locality, agency, or organization to serve as the basis for planning training, nurturing, and mobilizing reserve officers;

b) Register and manage each individual reserve officer regarding their character, ability, military specialization, age, health, family support, and other factors of reserve officers according to the分级授权to arrange them into reserve mobilization units, ensuring the mobilization readiness and combat readiness of the unit and locality.

2.2. Responsibilities for registration and management:

a) When reserve officers register for the first time, the military agency of the county receives, registers, and introduces reserve officers to the commune-level military command or the agency or organization where the reserve officers work for direct management;

b) In addition to the initial registration of reserve officers, military agencies at the district and commune levels, as well as organizations with responsibility for supplementary registration, absence registration, relocation registration, and individual registration during periods of allowance payment for reserve duty responsibilities, unit life for reserve mobilization, and reserve officer life;

c) Every six months, the military agency at the district level shall notify the reserve mobilization units of reserve officers who are no longer within the unit's establishment or have newly been assigned to the unit, reserve officers absent from their localities, those who have relocated their permanent residence or workplace;

d) The organization where the reserve officer works shall require the reserve officer to comply strictly with the reserve officer registration system as prescribed; if there is no certification from the district-level military agency stating that the reserve officer has been registered in the reserve officer rank, then they shall not be arranged or deployed to work and other benefits shall not be resolved;

3. Classification of Registration and Management

3.1. The commune People's Militia Command and the heads of organizations are responsible for managing all reserve officers in their locality or organization according to the guidance of the district-level military agency;

3.2. The district-level military agency is the level responsible for comprehensive registration and management of reserve officers, with the following tasks:

a) Registering and managing all reserve officers residing in the locality (including reserve officers working in provincial or central agencies and enterprises located in the locality), including initial registration, relocation registration, absence registration, supplementary registration, individual registration, reclassification, and de-registration;

b) Proposing competent authorities to decide on the arrangement and appointment of reserve officers to reserve mobilization units to ensure sufficient numbers and correct military specialties according to the plan assigned;

c) Advising the local party committee and administration to implement plans for building and mobilizing reserve officers for concentrated activities such as living, training, exercises, readiness checks for mobilization and combat; calling reserve officers to perform additional tasks for regular forces and to serve in active duty as assigned;

d) Storing records, coordinating with various departments, mass organizations, and localities to implement policies and regulations for reserve officers;

3.3. The provincial military agency manages the quantity and quality of the reserve officer cadre residing in the province and those appointed to reserve mobilization units; manages reserve officers holding battalion-level positions and the rank of Lieutenant Colonel. Guides and supervises district-level military agencies to fully comply with regulations on registering and managing reserve officers;

3.4. Military regions manage the quantity and quality of the reserve officer cadre residing in their region and those appointed to reserve mobilization units; manage reserve officers holding regiment-level positions and the rank of Colonel;

3.5. The Political General Department assists the Minister of National Defense in managing the quantity and quality of the reserve officer cadre nationwide and those appointed to reserve mobilization units; manages reserve officers holding division-level positions and the rank of Senior Colonel and above;

3.6. Main force units cooperate with localities providing sources of reserve officers, strictly managing the quantity and quality of the reserve officer cadre already assigned to reserve mobilization units under their command according to the classification of management for active-duty officers;

3.7. In cases where reserve officers no longer fall under the category of those not yet registered in the reserve officer rank as stipulated in Clause 2, Article 11 of Decree No. 26/CP, the competent authority managing reserve officers shall consider each case individually according to the guidelines of the Political General Department;

4. Reserve Officer Files

4.1. Files for selecting individuals for reserve officer training:

a) Personal and family history, confirmed by the Party Committee of the commune of permanent residence or the Party Committee of the organization of employment;

b) Political verification;

c) Health certificate;

d) Copies of diplomas and certificates (certified);

4.2. Original files of reserve officers:

a) For officers and cadres who are professional soldiers transitioning to the reserve rank, the file includes: copies of the original file of the officer or cadre who is a professional soldier; decision to transition to the reserve rank (for officers); decision to confer the rank of reserve officer (for cadres who are professional soldiers) and other supplementary documents;

b) For graduates of reserve officer training, the file includes: selection file for reserve officer training, form 872B, decision to confer the rank of reserve officer, graduation certificate of reserve officer training, and other supplementary documents;

4.3. Classification of management of files, establishment of registers for registering and managing reserve officers:

a) Management of original files of reserve officers:

- The district-level military agency manages the original files of reserve officers at the rank of Second Lieutenant;

- The provincial military agency manages the original files of reserve officers at the rank of Lieutenant Colonel;

- Military regions manage the original files of reserve officers at the rank of Colonel;

- The Political General Department manages the original files of reserve officers at the rank of Senior Colonel and above;

b) Registers and forms for registering and managing reserve officers are prescribed and guided for use by the Cadre Department - Political General Department;

5. Issuance and Management of Reserve Officer Cards

5.1. The model of the reserve officer card is prescribed by the Ministry of National Defense, issued and managed by the Cadre Department - Political General Department;

5.2. Commanders of subordinate units under the Ministry of National Defense approve, sign, and issue reserve officer cards before introducing them for registration in the reserve rank;

5.3. Reserve officers manage their own reserve officer cards and present them when necessary for matters related to their duties and rights; in case of loss, the competent authority specified in Point 5.2 of this clause shall consider issuing a replacement;

6. Inspection of Reserve Officers

6.1. Annually, the district-level military agency develops a plan for inspecting reserve officers currently residing in the locality, submitting it for approval by the Chairman of the People's Committee of the district; coordinating with reserve mobilization units to organize inspections of reserve officers already assigned to reserve mobilization units, directing commune-level People's Militia Commands and organizations operating within the district to inspect reserve officers not yet assigned to reserve mobilization units.

6.2. The review of reserve officers must be conducted at their homes or workplaces to meet with the reserve officers (if the reserve officer is absent, then meet with family members or representatives from the management agency of the reserve officer) to compare with the contents registered in Form 872B, if there are changes, they shall be supplemented into the file and understand the family situation and health of the reserve officer to appropriately arrange the use of reserve officers; meet with village chiefs, team leaders, or heads of agencies and organizations to grasp the situation and identify reserve officers who have returned to the locality but have not registered for the reserve cadre position or reserve officers who have left the locality but have not registered their transfer.

6.3. The funding for reviewing reserve officers at the local level shall be guaranteed by the provincial or district budget for national defense; the funding for reviewing reserve officers by units directly receiving reserve officers shall be guaranteed by the national defense budget.

7. Reserve Officer Activities

7.1. Reserve officer activities are a form of managing reserve officers aimed at enhancing political qualities, organizational discipline, and responsibility of reserve officers; helping localities, agencies, and organizations to firmly grasp the cadre and each individual reserve officer.

7.2. According to the directive of the People's Committee of the district, the People's Committee of the commune, the head of the agency or organization located within the district has the responsibility to organize and directly manage the regular reserve officer activities in the commune or agency at least once a year in addition to the reserve mobilization unit activities.

7.3. The military office of the district has the responsibility to coordinate with relevant functional agencies of the district to develop plans, draft outlines of activity content, assist the People's Committee of the district in supervising and directing communes, agencies, and organizations in conducting reserve officer activities.

7.4. The content of activities includes: disseminating directives and resolutions of the Party and State on national defense and security tasks, mobilization tasks for the military, and the responsibilities of reserve officers; reporting current events; grasping the situation and tasks of the locality and the reserve mobilization unit.

7.5. The funding for reserve officer activities that have registered for the reserve cadre position shall be guaranteed by the district budget for national defense.

8. Arrangement, appointment, dismissal, promotion of rank, and call-up of reserve officers for service during peacetime.

The arrangement, appointment, dismissal, promotion of rank of reserve officers, and call-up of reserve officers for service during peacetime must be carried out annually according to the guidance of the General Political Department.

III. PAYMENT OF RESPONSIBILITY ALLOWANCE FOR RESERVE OFFICERS

1. Purpose and requirements for payment of responsibility allowance for reserve officers

1.1. The responsibility allowance for reserve officers aims to link obligations and responsibilities with the benefits of reserve officers, through the payment of allowances to implement registration, organize activities, and closely monitor each reserve officer at the local level.

1.2. Payment of responsibility allowance must be timely, correct to the target group, at the correct allowance level, and delivered to each reserve officer; the organization of payment must be strict and suitable to the actual conditions at the grassroots level, convenient for reserve officers to receive the responsibility allowance.

1.3. The issuance, management of funds, settlement, and final accounting of payments shall be carried out in accordance with the current financial regulations of the State and the Military.

2. Organization of payment of allowance

2.1. The military office of the district, based on the actual situation of the locality, organizes the payment of responsibility allowance for reserve officers at the end of each quarter and informs the reserve officers five days in advance.

2.2. Based on the characteristics of the locality, the military office of the district determines the location and method of payment of responsibility allowance in a suitable manner.

3. Method of payment of allowance

3.1. The payment of allowance for reserve officers must be conducted individually in the following steps:

3.2. Meet with reserve officers to register and supplement changes regarding themselves and their families, record the supplementary content fully in the reserve officer file; listen to reports from reserve officers holding command positions in reserve mobilization units about the presence and absence of reserve personnel in the locality;

3.3. Compile lists of reserve officers entitled to allowances according to different levels of allowance:

a) List of reserve officers entitled to management allowance for reserve mobilization units recorded in the Management Allowance Form (MAF);

b) List of reserve officers entitled to responsibility allowance for reserve officers recorded in the Reserve Officer Allowance Form (ROAF);

c) List of reserve officers entitled to responsibility allowance for registering in the reserve cadre position recorded in the Registration Allowance Form (RAF);

d) Distribute according to the list, with signatures of each reserve officer.

3.4. For reserve officers who are absent and have not received the allowance, the military office of the district will organize a second distribution on the nearest date; if any reserve officer remains absent without a valid reason as stipulated in Point 3.5 Clause of this Article, a separate list shall be compiled and reported to the military office of the province to cancel the allowance for that quarter according to the Cancellation Form (CF).

3.5. Reserve officers who are absent due to the following reasons may authorize their families to receive the allowance on their behalf:

a) Reserve officers appointed to command positions in reserve mobilization units who are absent from the locality for less than half of the days in the quarter and have registered their absence with the Commune Military Command or their workplace;

b) Reserve officers not holding command positions in reserve mobilization units who are absent from the locality and have registered their absence with the Commune Military Command or their workplace;

c) Reserve officers currently ill and undergoing treatment at home or in healthcare facilities, confirmed by the Commune Military Command or their workplace.

3.6. The person authorized to receive the allowance on behalf of an absent reserve officer must have a power of attorney and be familiar with the personal and family circumstances of the reserve officer to report to the allowance payment staff.

4. Management and settlement of allowance

4.1. The allowance for reserve officers (as stipulated in Article 40 of Decree No. 26/CP) is a budget expense guaranteed by the national defense budget, provided to military agencies at the county level to pay reserve officers, settled according to actual personnel numbers and the prescribed allowance levels for each category of reserve officers registered and managed by the county-level military agency; this amount may not be retained or used for other purposes, and allowances must only be paid at the prescribed levels upon issuance of a decision by the competent authority appointing or assigning reserve officers to reserve units.

4.2. Budget preparation for allowance payments

a) The budget for allowance payments for reserve officers (as stipulated in Article 40 of Decree No. 26/CP) shall be prepared by the Military Personnel Department in coordination with financial departments at all levels, in accordance with regulations of the Ministry of National Defense, and consolidated into the budget of local military agencies at the county level or higher.

b) The preparation of the budget must clearly specify the number of individuals entitled to each allowance level as prescribed.

4.3. Issuance and settlement of allowances

a) Based on approved budgets (annual or quarterly) and notifications, the superior financial department issues funds for allowance payments to subordinate financial departments (down to the county-level military agency);

b) Quarterly, finance staff coordinate with reserve officer assistants at the county level to prepare allowance issuance lists according to the model specified in Point 3.3, Clause 3 of this Section, which must be signed off by the commander of the county-level military agency;

c) When issuing allowances to reserve officers, all provisions set out in Point 1.1, Clause 3 of this Section must be fully implemented.

4.4. Settlement of expenses

a) After issuing responsibility allowances to reserve officers as stipulated in Article 40 of Decree No. 26/CP (quarterly), the county-level military agency prepares and submits a settlement report to the superior financial department up to the Financial Department of the Ministry of National Defense;

b) The settlement report for responsibility allowances for reserve officers includes:

- A list of allowance issuances for each category of reserve officers, and a list requesting cancellation of allowance payments for absent reserve officers;

- Decisions on the assignment and appointment of reserve officers during the quarter;

- A summary of the settlement of responsibility allowance expenses for the quarter for the entire unit (according to the THPC SQDB model).

IV. BUDGET ESTIMATION, MANAGEMENT, USE AND SETTLEMENT OF EXPENSES

1. State budget allocated to the Ministry of National Defense

1.1. The Financial Department is responsible for guiding the preparation, management, use and settlement of expenses for reserve officer work (as stipulated in Article 44 of Decree No. 26/CP).

1.2. Annually, the political department leads and coordinates with relevant functional agencies at the same level to prepare the state budget allocated to the Ministry of National Defense for reserve officer work; coordinates with the financial department to implement according to the approved government budget indicators and those assigned by the Ministry of National Defense, ensuring compliance with the State Budget Law.

2. State budget allocated to Ministries and sectors

Annually, ministries prepare the state budget for reserve officer work as stipulated in Article 45 of Decree No. 26/CP, submit it for approval by the Government, manage, use and settle the budget for reserve officer work according to the approved government budget indicators, ensuring compliance with the State Budget Law.

3. Provincial and county defense budgets for reserve officer work

Annually, provincial and county military agencies coordinate with relevant functional agencies at the same level to prepare the provincial and county defense budgets for reserve officer work (as stipulated in Article 46 of Decree No. 26/CP), submit them for approval by the People's Councils at the same level; manage, use and settle the budget for reserve officer work according to the approved People's Council budget indicators, ensuring compliance with the State Budget Law.

V. REWARD AND DISCIPLINARY ACTION FOR RESERVE OFFICERS

1. Reward

1.1. Reserve officers during concentrated training, exercises, reinforcement for regular forces, readiness inspection, combat readiness have achievements and are eligible for rewards as active-duty officers.

1.2. Reserve officers who have been assigned and appointed to reserve units and completed their duties and responsibilities in the reserve rank, reaching the end of their reserve service age category 2 when retiring from the reserve officer rank, are eligible for commendation.

1.3. Authority to decide on rewards; expenses for rewarding reserve officers are implemented as currently prescribed for active-duty officers, guaranteed by the national defense budget.

2. Disciplinary action

2.1. Reserve officers who illegally leave the country or remain abroad for more than one year will be disciplined with the form of revocation of reserve officer rank; if they are indicted, detained, imprisoned, or sentenced to prison, they will be handled according to Clause 2 of Article 49 of the Officer Law of the Vietnam People's Army dated December 21, 1999.

2.2. Reserve officers who fail to comply with registration requirements, call-up orders for active duty, mobilization, training, exercises, readiness inspection, combat readiness; abandon systematic activities of reserve units; violate the moral standards of cadres will be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation, as prescribed by law.

2.3. If a reserve officer violates discipline in a locality, the military agency of that locality will consider and propose the competent authority to decide on disciplinary action according to the Regulations on Military Unit Management or propose the relevant organization, local government to enforce disciplinary action within their jurisdiction and notify the reserve unit.

2.4. In cases where reserve officers are engaged in tasks reinforcing regular forces, training, exercises, readiness inspection, combat readiness, the unit managing the reserve officers will consider enforcing disciplinary action within its authority and notify the county-level military agency, local government, or the organization where the reserve officer works.

VI. IMPLEMENTATION

1. This Circular takes effect fifteen days after its publication in the Official Gazette.

2. The General Staff, Political Bureau, and related agencies within their functions and responsibilities will provide specific guidance on implementation.

3. Any difficulties encountered during implementation should be promptly reported to the Ministry of National Defense for resolution by relevant ministries, sectors, localities, agencies, and military units.