Circular No. 165/2018/TT-BQP stipulates on the organization and operation of the Military Personnel Council in the Vietnam People's Army.

CIRCULAR

provisions on the organization and operation of the Military Personnel Council

in the Vietnam People's Army

Pursuant to Decree No. 04/2015/NĐ-CP dated January 9, 2015 of the Government on implementing democracy in the activities of administrative state agencies and public service units;

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 Director of the General Political Department;

The Minister of National Defense shall issue a Circular to provide for the organization and operation of the Military Personnel Council within the Vietnam People's Army,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular provides for the organization, functions, tasks, powers, working relationships, and activities of the Military Personnel Council at agencies and units under the Ministry of National Defense.

Article 2. Applicability

This Circular applies to the Military Personnel Council and organizations and individuals related to the organization and operation of the Military Personnel Council.

Article 3. Military Personnel Council

The Military Personnel Council is an organization representing military personnel, civil servants, defense workers, and defense officials; established at agencies and units; elected by the military personnel congress to promote democracy in military affairs, professional matters, politics, economy, and living conditions at agencies and units.

Article 4. Principles of Organization and Operation of the Military Personnel Council

1. The Military Personnel Council is organized according to the principle of centralized democracy, elected by secret ballot at the military personnel congress; the content, program of activities, and decisions of the Military Personnel Council are discussed democratically and voted on by majority. The Military Personnel Council issues regulations on its operations and assigns committee members to handle specific areas of work.

2. The organization and operation of the Military Personnel Council are under the leadership of the Party Committee and Branch; guided, directed, and supervised by the Party Secretary (Branch Secretary), commander, political commissar, political officer, and political organs at all levels.

3. For newly established or temporarily established agencies and units lasting more than 12 months, the Party Committee and Branch designate the Military Personnel Council to organize its activities; within three months, a military personnel congress must be held to elect a new Military Personnel Council. For units operating less than 12 months, the Party Committee and Branch temporarily establish the Military Personnel Council, which will dissolve itself upon completion of its tasks.

Chapter II

ORGANIZATION OF THE MILITARY PERSONNEL COUNCIL

Article 5. Organization of the Military Personnel Council

1. The Military Personnel Council is established at agencies and units.

a) Battalions; headquarters of regiments; border guard posts; coast guard teams; border guard fleets; border guard districts; coast guard stations; anti-aircraft missile battalions; air squadrons; administrative blocks of brigades, regiments, coast guard corps, district, city, and provincial military command offices, and equivalent units.

b) Departments of corps headquarters, regional commands (Navy and Coast Guard), provincial and municipal military commands, provincial and municipal border defense commands, and equivalent units; administrative blocks of standing corps headquarters; standing regimental units and equivalent units.

c) Bureaus and equivalent levels.

d) Classes, student battalions, faculties, departments, and equivalent units of academies, schools, centers, research institutes, and hospitals.

đ) General warehouses, warehouses, stations, workshops, and administrative blocks of enterprises directly under the Ministry of National Defense.

e) Other agencies and units shall establish the Military Personnel Council (which may be combined) based on their organizational structure, tasks, and nature of activities, in accordance with points a and b of this Clause.

2. Agencies and units that do not establish the Military Personnel Council.

a) Agencies and units with fewer than 10 personnel.

b) Public service units at the grassroots level.

Article 6. Composition, criteria, and number of members of the Military Council

1. Composition of the Military Council.

Officers, professional soldiers, non-commissioned officers, enlisted personnel, civil servants, defense workers, and defense officials in the agency or unit who meet the criteria may participate in the election for members of the Military Council.

2. Criteria for members of the Military Council.

a) Possess firm political qualities, good morals, a sense of responsibility and combativeness, a close-to-the-people style trusted by the masses, and the ability to organize and implement assigned tasks.

b) The Chairman and Vice Chairmen of the Military Council must be well-versed in the activities of the agency or unit, the tasks, powers, and methods of operation of the Military Council, and have the ability to organize democratic operations within the agency or unit.

3. Number of members of the Military Council.

a) Agencies or units with up to 60 personnel shall elect from 03 to 05 members; those with more than 60 personnel shall elect not more than 09 members.

b) The Chairman and Vice Chairmen of the Military Council are elected by the military assembly from among the members through secret ballot. The Chairman of the Military Council shall not be structured as the head of the level or the secretary of the party committee.

4. Supplementing and relieving members of the Military Council.

a) The supplementation of members of the Military Council is proposed by the Military Council and decided by the party committee or branch; in special cases, it can be designated by the party committee or branch.

b) If a member of the Military Council violates laws; breaches military discipline and requires handling, or has low credibility, the Military Council will propose the party committee to relieve them and suggest replacement candidates or organize a military assembly to elect new members.

Chapter III

FUNCTIONS, DUTIES, POWERS, AND WORK RELATIONSHIPS OF THE MILITARY COUNCIL

Article 7. Functions of the Military Council

The Military Council bases its guidance and organization on the resolutions of the party committee, branch, plans for implementing tasks by the commander, chief political commissar, political commissar (secretary), and the situation of tasks of the agency or unit, to guide and organize military personnel, civil servants, defense workers, and defense officials to implement and promote democracy in military-professional, political, economic-living aspects.

Article 8. Duties of the Military Council

1. Propaganda and mobilization of military personnel, civil servants, defense workers, and defense officials to implement the Party's policies, State laws, regulations, orders, rules, and tasks of the military and unit.

2. Building unity and consistency within the agency or unit, promoting the role of military personnel, civil servants, defense workers, and defense officials in implementing military-professional, political, and economic-living democracy.

3. Representing to protect the legitimate rights and interests and providing psychological and legal advice to military personnel, civil servants, defense workers, and defense officials within the agency or unit.

4. Participating in offering opinions to build a clean and strong cadre and party member team, and a comprehensive strong agency or unit.

5. Participating in supervision and social feedback within the scope of functions, duties, and powers.

6. Receiving, summarizing, and reporting suggestions and reflections of military personnel, civil servants, defense workers, and defense officials within the agency or unit to the secretary of the party committee (branch), commander, chief political commissar, and political commissar.

7. Reporting to the secretary of the party committee (branch), commander, chief political commissar, and political commissar about the organizational situation and results of the Military Council's activities.

Article 9. Powers of the Military Council

1. The Military Council shall be informed by the Party Secretary (branch), commander, political commissar, and political officer of the agency or unit about the situation, political tasks, leadership guidelines, plans, and measures for implementation on a monthly, quarterly, and annual basis; disseminate current events, policies, laws, systems, standards, and regulations related to the rights, obligations, and responsibilities of military personnel, civil servants, defense workers, and defense officials.

2. Participate in providing opinions on the performance of tasks by the agency or unit; monitor and provide social feedback on issues related to the organization and activities of the Military Council, the rights, obligations, and responsibilities of military personnel, civil servants, defense workers, and defense officials; participate in monitoring the Party Committee, heads, key cadres, cadres, and Party members regarding moral cultivation and lifestyle; provide suggestions to the Party Committee, Party organizations, cadres, and Party members.

3. Participate in evaluating commendations and disciplinary actions within the agency or unit.

4. The Chairman of the Military Council is responsible for reporting and seeking opinions from the Party Secretary (branch), commander, political commissar, and political officer on the content and time of Military Council meetings, collective military personnel, and informing and implementing the Military Council and collective military personnel to organize and implement.

Article 10. Working Relationships of the Military Council

1. Relationship with the Party Committee, Party Secretary, Commander, Political Commissar, and Political Officer is a relationship of obedience to their leadership, guidance, and command regarding the organization and activities of the Military Council.

a) The Military Council obeys the leadership of the Party Committee, branch, and the guidance, direction, and inspection of the Party Secretary (branch), commander, political commissar, and political officer.

b) The Military Council reports and seeks opinions directly from the Party Secretary (branch), commander, political commissar, and political officer on action programs and activity plans according to the functions, tasks, and powers already defined.

c) The Party Secretary (branch), commander, political commissar, and political officer are responsible for directing, guiding, inspecting, and training the Military Council on the content, form, and methods of operation; respect, listen to, accept, respond to, and resolve the proposals of the Military Council; ensure time and funding for the Military Council's operations.

2. Relationship with the Political Department is a relationship of being guided and inspected regarding the organization and activities of the Military Council.

a) The Military Council is subject to professional guidance from the Political Department. Where there is no Political Department, it is subject to guidance from the Party Secretary (branch) or the higher-level Political Department.

b) The Political Department is responsible for guiding and inspecting the Military Council's activities according to the tasks, powers, contents, methods, and living systems already defined. Regularly train, draw lessons, and improve the effectiveness of the organization and activities of the Military Council.

3. Relationship with the Executive Committees of mass organizations at the same level is a relationship of coordinating activities.

The Military Council coordinates with the Executive Committees of mass organizations within the agency or unit to implement democracy in military affairs, professionalism, politics, economy, and daily life as stipulated in this Circular.

Chapter IV

CONTENTS AND MEASURES FOR IMPLEMENTING DEMOCRACY

OF THE MILITARY COUNCIL

Section 1. CONTENT OF DEMOCRACY

Article 11. Implementation of democracy in military affairs - professionalism

Military personnel, civil servants, defense workers, defense officials shall be entitled to:

1. Disseminate and implement political tasks; orders, training plans, combat readiness, combat operations, political education; regulations, rules, military orders, professional manuals.

2. Participate in supervision and provide opinions on the performance of tasks by the head, command officers of the agency, unit, and military personnel (excluding contents related to state secrets).

Article 12. Implementation of democracy in politics

Military personnel, civil servants, defense workers, defense officials shall be entitled to:

1. Disseminate, implement, and comply with the Party's guidelines and policies, state laws, resolutions, directives of various levels of party committees; plans for building party organizations, command, and mass organizations of the agency, unit.

2. Provide opinions on leadership guidelines and measures to implement political tasks and build party cells and party committees; provide opinions and participate in supervising party committees, party organizations, cadres, and party members regarding moral cultivation, lifestyle.

3. Participate in evaluating commendations and disciplinary actions.

4. Implement social feedback on draft documents related to the organization and activities of the Military Personnel Council and the rights, obligations, and responsibilities of military personnel, civil servants, defense workers, and defense officials.

5. Express legitimate thoughts and aspirations; respect and exercise citizen rights as prescribed by law.

Article 13. Implementation of democracy in economic and living conditions

Military personnel, civil servants, defense workers, defense officials shall be entitled to:

1. Disseminate and implement guidelines and measures for organizing and implementing increased production.

2. Publicly announce financial guarantees for the material and spiritual life of the agency, unit; rights, obligations, standard systems as prescribed by the state and the military; establishment, management, and use of funds from increased production, economic activities, services; revenues from campaigns and movements organized by the agency, unit, and locality according to regulations of the Ministry of National Defense.

Section 2. MEASURES TO IMPLEMENT DEMOCRACY

Article 14. General measures to implement democratic contents

1. The Military Personnel Council collaborates with mass organizations to intensify propaganda and mobilization work to encourage people, civil servants, defense workers, and defense officials to effectively implement the Party's guidelines and policies; state policies and laws; movements initiated by the Vietnam Fatherland Front Central Committee and other political-social organizations; political tasks, military orders, and manuals; resolutions of the party committee and plans, directives, orders, systems, and regulations of the commanding officer; promote democracy, fully exercise rights and fulfill obligations in building a cadre and party member team that is clean and strong, and agencies and units that are comprehensively strong.

2. Party committees and cell committees lead the effective implementation of grassroots democracy regulations; heads of agencies and units strictly implement the provisions of the Party, state, and the Central Military Commission - Ministry of National Defense on transparency, dialogue, receiving citizens, handling complaints and reports; direct the Military Personnel Council to participate in monitoring, social feedback activities, and provide opinions on building party organizations and agencies.

3. The secretary of the party committee (cell), the commanding officer, political commissar, and political instructor of the agency, unit are responsible for directing and guiding the Military Personnel Council to convene collective meetings of military personnel to discuss and provide opinions, and develop measures to organize implementation in military affairs - professionalism, politics, and economy - living conditions.

4. Political organs guide the Military Personnel Council to collaborate with mass organizations to carry out propaganda, mobilization, opinion-providing, and monitoring activities within their functional scope, tasks, and authority.

5. Strictly implement dialogue systems, suggestion boxes, and publicize the phone numbers of heads of agencies and units to receive information feedback from military personnel, civil servants, defense workers, and defense officials.

Article 15. Receiving, compiling opinions and suggestions from military personnel, civil servants, defense workers, and defense officials

1. Military personnel, civil servants, defense workers, and defense officials participate in providing opinions, suggestions, and reflections at collective military personnel meetings or through written submissions, letters, or phone calls sent to the Military Personnel Council and unit commanders.

2. Units and agencies at company level and battalion level and above shall establish suggestion boxes placed in convenient and public locations (or electronic suggestion boxes) for everyone to reflect on democratic violations, issues requiring opinions, suggestions, and reflections to the Party committee, leading cadres of the agency or unit and superiors. Suggestion boxes shall be managed by the Military Personnel Council.

3. Weekly, the Military Personnel Council shall coordinate with the executive boards of mass organizations at the same level to compile opinions, suggestions, and reflections on the implementation of democracy within the agency or unit, the legitimate rights and obligations of military personnel, civil servants, defense workers, and defense officials, and report to the Party committee secretary (branch), commander, political commissar, and political instructor.

4. Within seven working days (fifteen working days for complex matters), the Party committee secretary (branch), commander, political commissar, and political instructor of the agency or unit shall have the responsibility to respond in writing (for issues within the jurisdiction of superiors) regarding the resolution of opinions and suggestions from the collective military personnel.

Article 16. Supervisory Activities

1. The supervisory activities of the Military Personnel Council have a people-oriented nature aimed at promptly identifying errors and shortcomings to propose corrections and improvements, while also discovering and promoting positive factors to contribute to building a clean and strong party organization and a comprehensive strong agency or unit. The subjects of supervision are party organizations, commanders, heads, key cadres, and party members. The content of supervision includes the implementation of the Party's policies, state laws, resolutions of party organizations (excluding contents related to state secrets), regulations, rules, systems, and provisions of the military, as well as moral cultivation and lifestyle.

2. The Military Personnel Council shall regularly monitor and absorb opinions through letters, reflections, suggestions, complaints, and reports from military personnel, civil servants, defense workers, and defense officials to study and consider relevant issues; in cases where signs of violations or infringements upon the legitimate rights and interests of military personnel, civil servants, defense workers, and defense officials are discovered, they shall propose to individuals, agencies, or organizations with authority to examine, resolve, amend, or suspend implementation.

3. The Party committee secretary (branch), commander, political commissar, and political instructor shall have the responsibility to respond according to Clause 4, Article 15.

4. In cases where the opinions and suggestions of the Military Personnel Council with individuals, agencies, or organizations with authority are not consistent, dialogue shall be organized to clarify.

Article 17. Social Critique Activities

1. The social critique activities of the Military Personnel Council involve participating in opinions on draft documents of functional agencies to protect the rights and legitimate interests of military personnel, civil servants, defense workers, and defense officials, promote democracy, and enhance consensus within the agency or unit.

2. Based on the nature of the content of the draft document of the functional agency and the commander of the agency or unit, the Military Personnel Council shall coordinate with the executive boards of mass organizations at the same level to organize collective military personnel meetings to provide opinions or send draft documents to individual persons for their opinions; compile participation opinions and report to the Party committee secretary (branch), commander, political commissar, and political instructor of the agency or unit for consideration and decision to submit to the main drafting agency for research and adoption.

3. The Military Personnel Council shall be responsible for monitoring, urging, and reporting on the adoption and explanation of the main drafting agency regarding the opinions provided by the collective military personnel.

Chapter V

LIVING REGIME

Article 18. Military Congress

1. The Military Congress shall be held twice every five years.

a) The term of the Military Council shall be counted from the date of election at the congress to the date of election of the new Military Council at the next congress.

b) At the end of the term, agencies and units shall organize the Military Congress to evaluate the performance of the Military Council during the term, set out the program for the new term, and elect the new Military Council.

c) In cases where the term ends but conditions for convening the congress have not been met, the Military Council must report to the Party Committee (Party Branch) and extend the term, but not exceeding three months.

2. Summoning and organizing the Military Congress.

a) The Military Council shall report to the Party Committee Secretary (Party Branch), the commander, political commissar, and political instructor about the summoning and organization of the congress. The Military Congress must have at least two-thirds of the total number of personnel from the agency or unit participating.

b) Participants in the Military Congress include: military personnel, defense civil servants, defense workers, and defense officials of the agency or unit.

c) The list of candidates for the election of the Military Council shall be arranged alphabetically according to the first letter of their names (A, B, C); the number of candidates must exceed the required number by 10% to 35%. Those who receive more than half (over half) of the valid votes compared to the total number of personnel summoned shall be elected; if multiple candidates receive over half of the votes, they will be selected from the highest number of votes downwards until the required number is reached; in cases where there are multiple candidates with equal votes at the end of the list and more than the required number, a re-election will be conducted among those with equal votes to select the candidate with the higher number of votes, without requiring over half. If the first round of voting does not result in the required number of Military Council members, whether to continue voting or not shall be decided by the congress.

d) The Party Committee, Party Branch shall review and issue a decision to approve the results of the election of the Military Council.

3. Sequence of steps in the congress.

a) Salute the flag, sing the National Anthem.

b) Declare the purpose, introduce delegates.

c) Elect the chairperson of the congress: Introduce the number and list (from 01 to 03 persons) for the congress to vote by raising hands.

d) The chairperson conducts the election of the secretary of the congress.

đ) Approve the program and time of the congress.

e) Present the draft Report on the evaluation of democratic promotion and self-criticism of the Military Council during the term, direction of activities for the upcoming term; discuss, conclude, and vote to approve.

g) Elect the new term's Military Council, Chairperson, and Deputy Chairperson of the Military Council.

Emphasize the standards and principles of the election; vote on the number of Military Council members and the list of candidates for the new term's Military Council.

Conduct the congress to elect the ballot counting team and proceed with the election.

Close the congress, salute the flag, sing the National Anthem.

4. Decorations for the congress.

At the top is the slogan "The Communist Party of Vietnam Glorious Forever". On the left (looking from below upwards) is the name of the unit; the National Flag, under the National Flag is the image or portrait of President Ho Chi Minh. On the right is the title of the Congress.

Content of the title: MILITARY CONGRESS

Term ...

(Place), day month year

The slogans guiding the thoughts, actions, propaganda, and encouragement of the Military Congress are determined by the agency or unit.

Article 19. Activities of the Military Council and Military Collectives

1. The Military Council shall convene a meeting once a month on a regular basis; military collectives shall implement according to the Regulations on Managing Troops in the Vietnam People's Army and the provisions of the unit commander.

2. When a majority of military personnel, civil servants, defense workers, and defense officials propose and it is deemed necessary by the secretary of the Party cell (branch), the commander, political commissar, or political officer, the Military Council may organize an extraordinary activity for the military collective. The content of the activity shall be proposed by the Military Council or decided by the secretary of the Party cell (branch), the commander, political commissar, or political officer.

3. Prior to conducting activities related to democracy or term congresses, the Military Council must convene a meeting to prepare the content and assign specific implementation tasks to committee members.

Article 20. Dialogue Activities

1. At the grassroots level, once a month; at the level above the grassroots, once every quarter; at the level subordinate to the Ministry of National Defense, once every six months.

2. On the last Thursday of each month, the commander, political commissar, or political officer shall direct the Military Council to prepare the content, issue notifications, and summon participants for dialogue sessions between the secretary of the Party cell (branch), the commander, political commissar, or political officer and all military personnel, civil servants, defense workers, and defense officials, or their representatives. The Political Department shall compile monthly dialogue results to serve quarterly and six-monthly dialogues of the agency or unit.

3. In cases where the opinions and proposals of the Military Council are not consistent with the explanations of individuals, agencies, or organizations with authority, or when necessary, the secretary of the Party cell (branch), the commander, political commissar, or political officer shall organize an extraordinary dialogue session with the Military Council or military collective to clarify matters.

Chapter VI

IMPLEMENTATION

Article 21. Responsibilities of Agencies and Units

1. The secretary of the Party cell (branch), the commander, political commissar, political officer, and all military personnel, civil servants, defense workers, and defense officials within the agency or unit have the responsibility to participate in activities and build the Military Council.

2. Unit commanders shall regularly organize study sessions, disseminate, and popularize to enhance awareness and responsibility, effectively implement, and promote the democratic rights of military collectives in building a clean and strong party organization and a comprehensive strong agency or unit.

3. Any actions violating the organizational structure and activities of the Military Council or abusing democracy to violate laws, infringe upon the legitimate rights and interests of military personnel, civil servants, defense workers, and defense officials, or obstructing the fulfillment of the agency or unit's mission must be detected and handled according to the provisions of state law and military discipline.

Article 22. Operating Expenses of the Military Council

1. For budgeted units: To be included in the annual defense budget estimate of the agency or unit and recorded under Item 7000, Sub-item 7012, Section 00, Division 30: Operating Expenses for Political Affairs.

2. For public service institutions financially autonomous: To be included in the financial autonomy plan approved by the competent authority.

3. For military enterprises: To be included in the production, business, and service operating costs of the enterprise.

Article 23. Effectiveness of Implementation

This Circular takes effect from January 15, 2019, and replaces Circular No. 111/2009/TT-BQP dated November 20, 2009, issued by the Minister of National Defense, concerning the organization and operation of the Military Council in the Vietnam People's Army.

Article 24. Responsibility for Implementation

The Chief of General Staff, Director of the Political General Department, and commanders of various agencies and units are responsible for implementing this Circular./.