Decree No. 165/2003/ND-CP on the temporary assignment of officers of the Vietnam People's Army

DECREE

DECREE NO. 165/2003/NĐ-CP OF THE GOVERNMENT DATED DECEMBER 22, 2003 ON DETACHMENT OF OFFICERS OF THE PEOPLE'S ARMED FORCES OF VIETNAM

THE PEOPLE'S ARMY OF VIETNAM MILITARY AUTHORITY

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Officer Law of the Vietnam People's Army dated December 21, 1999;
At the proposal of the Minister of National Defense,

DECREE:

Chapter 1:

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the objects, criteria, scope of officer detachment; the authority and procedures for deciding on officer detachment; the obligations and benefits of detached officers; responsibilities for management, utilization, and implementation of policies for detached officers.

Article 2. Detached Officers

Detached officers are officers who are assigned by competent authorities to work temporarily at agencies and organizations outside the military, assisting such agencies and organizations in performing military and defense tasks as prescribed by law.

Article 3. Scope of Officer Detachment

Officers may be detached in the following cases:

1. Detached to provide advisory support in directing and implementing military and defense tasks and state administration on defense in some Ministries, ministerial-level agencies, and government agencies (hereinafter referred to collectively as Ministries) according to the Government's regulations on defense work in Ministries and localities.

2. Detached to provide advisory support to leadership and direction in implementing military and defense tasks upon request of central Party agencies, the Office of the National Assembly, and the Office of the President, with the agreement and coordination between the competent authority and the Minister of National Defense for personnel allocation.

3. Detached to provide advisory support in managing and teaching national defense education subjects in provincial Departments of Education and Training in key provinces and cities, and some academies and universities (hereinafter referred to collectively as agencies and schools) according to the Government's regulations on national defense education.

4. Detached to perform specialized and vocational work related to military and defense in political organizations and political-social organizations at the central level (hereinafter referred to collectively as political organizations), with the agreement and coordination between the competent authority and the Minister of National Defense for personnel allocation.

Article 4. Criteria for Detached Officers

1. Meeting the criteria for officers as stipulated in Article 12 of the Officer Law of the People's Armed Forces of Vietnam dated December 21, 1999 (hereinafter referred to as the Officer Law 1999).

2. Meeting the conditions and criteria required for the detachment mission:

a) Detached officers in Ministries and central agencies must have the qualifications and capabilities to provide advisory support in organizing the implementation of defense tasks and state administration on defense, meeting the professional requirements of the Ministry or agency where the officer is detached; capable of advising the Minister of National Defense and the head of the Ministry or agency where the officer is detached to coordinate in implementing defense tasks;

b) Detached officers in educational training agencies and schools must have the qualifications and capabilities to manage and teach national defense education subjects as prescribed by the Education Law; capable of participating in educational training activities, scientific research, and other military activities;

c) Detached officers in political organizations must have the qualifications and professional capabilities and military qualifications to fulfill assigned tasks.

Article 5. Duration of Detachment

1. The duration of the detachment mission for each officer is five years; if necessary, the competent authority may extend the detachment period upon review and decision, with the extended period not exceeding five years.

2. If necessary, based on defense task requirements or upon request from the agency or organization where the officer is detached, the competent authority may decide to recall the officer before the scheduled time.

Chapter 2:

DECISION ON DETACHING OFFICERS, ASSIGNING AND RECEIVING DETACHED OFFICERS

Article 6. Decision on the assignment of officers

1. Based on the scope of officer assignment stipulated in Article 3 of this Decree and the defense requirements at each stage, the Ministry of National Defense shall take the lead and coordinate with the Ministry of Home Affairs to seek opinions from each ministry, agency, and non-military school regarding the need for officer assignments, and submit to the Prime Minister for a decision on ministries, agencies, and schools that will be allocated officer assignments.

2. In accordance with the Prime Minister's decision, the Ministry of National Defense shall unify with each ministry, agency, and school allocated officer assignments regarding the number of assigned officers.

3. Ministries, agencies, and schools not within the scope of being allocated officer assignments, when there is a need for officer assignments, the minister or head of the agency/school shall unify with the Minister of National Defense and submit to the Prime Minister for a decision.

4. The number of assigned officers in central Party agencies, the Office of the National Assembly, the Office of the President, and political organizations shall be implemented according to the provisions of Clause 2 and Clause 4 of Article 3 of this Decree.

Article 7. Transfer of assigned officers

1. The Ministry of National Defense shall unify personnel with ministries, agencies, schools, and political organizations allocated officer assignments; decide or propose the competent authority to decide on transferring officers to work at the using agency.

2. When officers complete their assignment period or if the military requires the transfer of assigned officers before the deadline, the Ministry of National Defense shall unify personnel with the using agency and decide or propose the competent authority to decide on transferring other officers to replace them.

3. When assigned officers fail to meet the requirements of their assignments, the using agency shall exchange and unify with the Ministry of National Defense so that the Ministry of National Defense decides or proposes the competent authority to decide on transferring assigned officers back before the deadline and replacing them with other officers.

4. When it is necessary to extend the assignment period of officers, the Ministry of National Defense shall unify with the using agency regarding personnel, extended time for performing special duties, and issue a decision or propose the competent authority to decide on extending the assignment period for officers.

5. The authority to decide on the transfer of assigned officers shall be carried out according to the provisions of Clause 2 of Article 25 of the Officer Law 1999.

Article 8. Reception of assigned officers

The using agency has the responsibility to receive, assign tasks, and create conditions for assigned officers to fulfill the tasks stipulated in Article 10 of this Decree.

Chapter 3:

DUTIES, RESPONSIBILITIES AND BENEFITS OF ASSIGNED OFFICERS

Article 9. Duties and responsibilities of assigned officers

1. Assigned officers shall perform duties and responsibilities as officers currently working in the military as stipulated in Articles 26, 27, 28, and 29 of the Officer Law 1999.

2. Assigned officers shall be subject to direction, task allocation, and management by the using agency; they shall be responsible for the results of their work and report on the implementation of their tasks to the head of the using agency and the Ministry of National Defense.

Article 10. Tasks of assigned officers

1. The tasks of assigned officers in ministries are:

a) To advise the Minister on state management of national defense and resolving issues related to the integration of economic and social development with national defense and security;

b) To advise the Minister on integrating economic and social development with national defense and security during the process of building strategies, planning, mechanisms, and policies within the scope of the ministry's responsibility. Assist the Minister in planning and guiding inspections of subordinate units to implement plans ensuring national defense during peacetime and in times of war; education in national defense, construction and mobilization of reserve forces, industrial mobilization, recruitment, construction of self-defense forces, civil defense, and other tasks related to military and national defense as prescribed by the state and guided by the Ministry of National Defense;

c) To propose measures for cooperation between the ministry where the officer is assigned and the Ministry of National Defense.

2. The tasks of assigned officers in central Party agencies, the Office of the National Assembly, and the Office of the President are:

a) To advise the leadership of the agency on issues related to military and national defense within the leader's responsibilities, directly assigned by the leadership or through the direct management level of the assigned officer;

b) To participate or cooperate with relevant agencies in implementing tasks related to military and national defense assigned by the leadership;

c) To propose measures for cooperation between the agency where the officer works and the Ministry of National Defense, serving as a bridge between the agency and its leadership with the Ministry of National Defense and its leadership.

3. The tasks of assigned officers in educational institutions and schools are:

a) To advise the head of the agency or school on the implementation of national defense education management; research, innovate teaching content and methods, and implement teaching of national defense courses;

b) To participate in coordinating other military tasks.

4. The tasks of assigned officers in political organizations are to carry out specialized professional work according to topics or tasks assigned.

Article 11. Benefits for officers on secondment

Officers on secondment shall enjoy the following benefits:

1. Ensuring working conditions, means of work, travel expenses, welfare benefits equivalent to those of officials and civil servants at the location where the officer is seconded.

2. Being selected for training, further education to improve their qualifications, provided with information, and participating in military activities and activities related to their tasks at the location where they are seconded; being considered for awards according to current regulations.

3. Receiving salary, allowances attached to salary, and other benefits equivalent to those of officers serving in the military with the same rank and group of positions; receiving position allowances and special profession allowances at the location where the officer is seconded (if applicable), but not overlapping with allowances already included in the salary system of the armed forces. Before undertaking the secondment mission or upon completion of the secondment mission, if there are position allowances, the period of enjoyment of such allowances shall be preserved according to current regulations.

4. Upon completion of the secondment term, being reassigned to work at the agency or unit before secondment in accordance with their specialty and expertise; in special cases based on task requirements, being reassigned to work at another agency or unit.

Chapter 4:

MANAGEMENT, USE, IMPLEMENTATION OF REGULATIONS AND POLICIES FOR OFFICERS ON SECONDEMENT

Article 12. Management and use

1. The Ministry of National Defense manages the establishment of officers on secondment, coordinating with the agencies using officers on secondment to manage each officer on secondment according to the分级处理此文本时，已按照指示进行了拆分。请继续提供指令以完成剩余部分的翻译任务。此处显示的是第1-8行的翻译结果。接下来的部分将依照您的进一步指示进行处理。请注意，我将直接提供翻译内容，不包含任何额外说明或思考过程。如果您需要继续，请告知。

2. The agency using detached officers shall be responsible for utilizing detached officers according to the tasks prescribed in Article 10 of this Decree; managing detached officers as it manages its own officials and civil servants; annually or when necessary, evaluating and appraising detached officers upon the proposal of the Ministry of National Defense.

3. The agency using detached officers, when dispatching detached officers abroad for study or work for three months or more, must coordinate with the Ministry of National Defense; for less than three months, it must inform the Ministry of National Defense.

4. The organizational and cadre agencies where detached officers are used and the cadre agencies of military units with detached officers on assignment have the responsibility to assist their superiors in directly managing detached officers; they are the representative bodies coordinating discussions on issues related to detached officers to be submitted to competent authorities for decision.

5. The Ministry of Education and Training is responsible for managing the professional work of detached officers tasked with managing and teaching national defense education courses nationwide.

Article 13. Appointment and Removal from Leadership and Management Positions

When meeting the criteria and due to task requirements, detached officers may be considered for appointment to positions according to the cadre leadership and management titles of the agency to which the officer is assigned.

Based on task requirements, the agency using detached officers coordinates personnel matters with the Ministry of National Defense, deciding on the appointment or removal of leadership and management positions for detached officers.

Article 14. Promotion in Rank and Salary Increase

1. When the time for considering promotion in rank and salary increase for detached officers arrives, the Ministry of National Defense requests the agency using detached officers to evaluate each officer so that the Ministry of National Defense can consider and decide or propose to the competent authority to decide on promotion in rank or salary increase and notify the agency using detached officers.

2. The highest rank for detached officers is general, as stipulated by the Prime Minister, and colonel or lower ranks, as stipulated by the Minister of National Defense.

Article 15. Ensuring the regime and policies for officers on secondment

1. The Ministry of National Defense shall ensure salaries, allowances based on salary and position allowances (if any), regimes and policies when sick, injured, or deceased, and other regimes and policies for officers on secondment as if they were officers working within the military; organize training and provide necessary information on military and national defense; select to attend advanced training courses, create conditions for officers on secondment to participate in military activities as required by work.

2. The agency using officers on secondment shall ensure special occupational allowances (if any), travel expenses, welfare benefits, working conditions and means, provide information, train professional and specialized knowledge in management for officers on secondment; when officers on secondment are sick, injured, or deceased, the agency using officers on secondment shall proactively coordinate with the Ministry of National Defense to resolve all regimes and policies for officers on secondment as stipulated in Clause 1 of this Article.

Chapter 5:

REWARD AND VIOLATION HANDLING

Article 16. Rewards and handling violations against organizations and individuals

1. Organizations and individuals who have achievements in implementing officer secondment shall be rewarded according to current regulations.

2. Organizations and individuals who obstruct officer secondment shall be subject to administrative penalties or criminal responsibility追究现行规定的性质和程度。

Article 17. Rewards for officers on secondment

1. The agency using officers on secondment shall consider, decide or propose the competent authority to decide rewards for officers on secondment who have achievements like cadres and civil servants under their jurisdiction and notify the Ministry of National Defense.

2. Officers on secondment who have achievements eligible for consideration for Orders and Medals and other forms of State rewards for armed forces shall have the agency using officers on secondment handle the application for rewards according to regulations and submit to the Ministry of National Defense, which will then report to the competent authority for consideration and decision on rewards and notify the agency using officers on secondment.

Article 18. Handling violations by officers on secondment

If officers on secondment violate state laws, military discipline, or regulations at the secondment location, the agency using officers on secondment shall promptly notify the Ministry of National Defense to cooperate in handling in the following cases:

1. If the violation reaches the level requiring disciplinary action in the form of: reprimand, warning, removal from leadership or management positions, the agency using officers on secondment shall consider, decide on disciplinary action or propose the competent authority to decide on disciplinary action and notify the Ministry of National Defense.

2. If the violation reaches the level requiring disciplinary action in the form of: demotion in rank, revocation of officer rank, revocation of military title, the agency using officers on secondment shall prepare a file, propose disciplinary measures to the Ministry of National Defense for review and decision or propose the competent authority to decide on disciplinary action and notify the agency using officers on secondment.

3. If the violation reaches the level requiring criminal liability to be pursued, the agency using officers on secondment shall transfer the file to the Ministry of National Defense for handling in accordance with the law.

Chapter 6:

IMPLEMENTING PROVISIONS

Article 19. Effective Date

This Decree takes effect 15 days after its publication in the Official Gazette and replaces Decree No. 86/HĐBT dated May 11, 1982 of the Council of Ministers on the regime for seconding officers of the Vietnam People's Army.

Article 20. Responsibility for Implementation

1. The Ministry of National Defense shall take the lead and coordinate with the Ministry of Public Security to guide and inspect the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of provincial and municipal people's committees directly under the Central Government, Directors of academies, Principals of universities and colleges, are responsible for enforcing this Decree.