Decree No. 150/2007/NĐ-CP on training of second-class reserve military personnel

DECREE

On the training of second-class reserve military personnel

_________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on the Military Service Law dated December 30, 1981, the Law Amending and Supplementing Certain Articles of the Military Service Law dated December 21, 1990, the Law Amending and Supplementing Certain Articles of the Military Service Law dated June 22, 1994, and the Law Amending and Supplementing Certain Articles of the Military Service Law dated June 14, 2005;

Based on the Ordinance on the Reserve Force dated August 27, 1996;

Upon the proposal of the Minister of National Defense,

DECREE:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates the subjects, requirements for training second-class reserve military personnel; organizing the training of second-class reserve military personnel to become first-class reserve military personnel; responsibilities in organizing training, policies and financial resources ensuring the training of second-class reserve military personnel.

2. The organization of training to improve the quality of second-class reserve military personnel already arranged in mobilization reserve units shall be implemented in accordance with current laws.

Article 2. Subjects Called to Participate in Training of Second-Class Reserve Military Personnel

1. Non-commissioned officers and soldiers who have been discharged before their term but have served less than six months.

2. Male citizens aged 26 or older who have not yet served in the military.

3. Female citizens who have registered for military service as prescribed in Article 4 of the Military Service Law.

Article 3. Training Requirements

Training of second-class reserve military personnel must be conducted according to the specified subjects, with sufficient quantity and duration, following the prescribed content and program for each subject, in line with the requirements and tasks of building the mobilization reserve force and readiness for combat of the Military.

Chapter II

ORGANIZATION OF TRAINING OF SECOND-CLASS RESERVE MILITARY PERSONNEL TO BECOME FIRST-CLASS RESERVE MILITARY PERSONNEL

Article 4. Allocation of Training Quotas

1. Annually, the Prime Minister decides to allocate quotas to provincial People's Committees (hereinafter referred to collectively as provincial level) and Ministries, agencies equivalent to Ministries, and agencies under the Government (hereinafter referred to collectively as Ministries and sectors) to select second-class reserve military personnel for training by military units to become first-class reserve military personnel.

2. Based on the Prime Minister's decision, the Chairman of the provincial People's Committee allocates quotas for selecting and calling second-class reserve military personnel for centralized training to the district People's Committees (hereinafter referred to collectively as district level); heads of Ministries and sectors allocate quotas for selecting second-class reserve military personnel for centralized training to subordinate units.

3. Based on the decision of the Chairman of the district People's Committee or the head of the subordinate unit of Ministries and sectors where second-class reserve military personnel have registered for military service in the district, the district military commander calls individual second-class reserve military personnel for centralized handover to military units assigned the training task.

Article 5. Standards for Selecting Male Second-Class Reserve Military Personnel for Centralized Training to Become First-Class Reserve Military Personnel

1. Male second-class reserve military personnel up to 35 years old.

2. Political and health standards as per the political and health standards for annual conscription of citizens as guided by the Ministry of Defense.

3. Educational standard: from grade 8 upwards, in remote areas, some second-class reserve military personnel with primary school education may be selected.

Article 6. Training Content

The content of training second-class reserve military personnel to become first-class reserve military personnel includes political education, legal education, military training, logistics, and technical training. The specific content and program of training are prescribed by the Ministry of Defense.

Article 7. Management of reserve military personnel during concentrated training

During the period of concentrated training, second-class reserve military personnel are subject to management by military units assigned the task of training and shall comply with the regulations stipulated in the Military Unit Management Regulation of the Vietnam People's Army.

Article 8. Training Period

1. The training period for second-class reserve military personnel to be converted into first-class reserve military personnel is six months. The number of training sessions and the duration of each session are determined by the Ministry of National Defense, but not more than two concentrated training sessions per year.

2. Male second-class reserve military personnel who complete six months of concentrated training shall be converted into first-class reserve military personnel. The Military Command Board at the district level shall handle the registration for conversion and issue the certificate of first-class reserve military personnel according to the provisions of Government Decree No. 83/2001/NĐ-CP dated November 9, 2001 on registration of military service obligations.

Chapter III

RESPONSIBILITIES OF AUTHORITIES IN THE ORGANIZATION OF TRAINING FOR SECOND-CLASS RESERVE MILITARY PERSONNEL

Article 9. Ministry of National Defense

1. Annually, the Ministry of National Defense shall develop training targets for second-class reserve military personnel, to be decided by the Prime Minister.

2. Based on the Prime Minister's Decision, the Minister of National Defense shall direct, guide, urge, and inspect the selection and call-up of second-class reserve military personnel for concentrated training nationwide.

Article 10. Ministries, Sectoral Agencies, Provincial People's Committees

1. Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, and Chairmen of Provincial People's Committees shall be responsible for directing and organizing the selection of second-class reserve military personnel for concentrated training to become first-class reserve military personnel according to the Prime Minister's decision and the guidance of the Minister of National Defense.

2. Ministries and sectoral agencies assigned training targets for specialized reserve units with second-class reserve military personnel by the Prime Minister shall take the lead and coordinate with regular military units assigned to receive specialized reserve units of their ministries and sectors by the Ministry of National Defense to organize training.

Chapter IV

REGIME AND POLICY SUPPORT AND FUNDS TO ENSURE TRAINING FOR SECOND-CLASS RESERVE MILITARY PERSONNEL

Article 11. Regime and Policy

During the period of concentrated training, second-class reserve military personnel shall enjoy the regime and policies prescribed in Government Decree No. 39/CP dated April 28, 1997 detailing and guiding the implementation of certain provisions of the Law on Mobilization Reserve Forces and Government Decree No. 17/2007/NĐ-CP dated February 1, 2007 amending and supplementing certain provisions of the Regulations on Service of Non-Commissioned Officers and Soldiers of the Vietnam People's Army issued together with Government Decree No. 54/CP dated August 7, 1995; the Minister of National Defense shall provide specific guidance on the implementation thereof.

Article 12. Funding Assurance

1. The state budget allocated to the Ministry of National Defense shall ensure funding for the following items:

a) Allowance for second-class reserve military personnel who do not receive salary from the state budget;

b) Food, accommodation, uniforms, and living supplies for second-class reserve military personnel undergoing concentrated training;

c) Funding organizational work for training;

d) Funding for other items related to the training of second-class reserve military personnel.

2. The state budget allocated to ministries and sectoral agencies shall ensure funding for the following items:

a) Organizing the selection of second-class reserve military personnel for concentrated training;

b) Training specialized reserve units within the targets allocated by the Prime Minister to ministries and sectors.

3. Local budgets shall ensure funding for the following items:

a) Organizing the selection and call-up of second-class reserve military personnel for concentrated training;

b) Family allowances for second-class reserve military personnel during the period of concentrated training;

c) Funding for the training of second-class reserve military personnel within the target assigned by the Prime Minister to localities for training from local budgets, including: organizational training costs; allowance for second-class reserve military personnel who do not receive salary from the state budget; food, accommodation, and living supplies for second-class reserve military personnel; funding for other items related to the training of second-class reserve military personnel.

Chapter V

REWARD AND VIOLATION HANDLING

Article 13. Awards

Organizations and individuals who achieve success in the selection and call-up of second-class reserve military personnel for concentrated training and during the training process shall be rewarded according to the current regime of the State.

Article 14. Handling Violations

Any person who evades, obstructs, or opposes the selection and call-up of second-class reserve military personnel for concentrated training; fails to fulfill responsibilities causing serious consequences; abuses authority to violate regulations or shields violators of this Decree, shall be administratively punished or criminally prosecuted depending on the nature and severity of the violation, and if material damage is caused, they must compensate according to the law.

Chapter VI

IMPLEMENTING PROVISIONS

Article 15. Effective Date

This Decree takes effect fifteen days after its publication in the Official Gazette. All previous regulations that conflict with the provisions of this Decree are abolished.

Article 16. Responsibility for Implementation

Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairmen of Provincial People's Committees directly under the Central Government, relevant agencies, organizations, and individuals are responsible for implementing this Decree./.