Circular No. 170/2016/TT-BQP stipulates the rank levels corresponding to salary grades for professional military personnel, the procedures for promotion, demotion, and reduction in rank due to disciplinary actions resulting in a lower pay grade; the sequence, procedures, and authority to decide on matters concerning professional military personnel, workers, and defense officials.

CIRCULAR

Regulations on the rank of professional military personnel corresponding to salary levels, promotion, and demotion of ranks in cases of disciplinary action resulting in a reduction in pay grade procedures, formalities, and authority to decide for military personnel Based on the Law on Officers of the Vietnam People's Army dated December 21, 1999; the Law Amending and Supplementing Certain Provisions of the Law on Officers of the Vietnam People's Army dated June 3, 2008; the Law Amending and Supplementing Certain Provisions of the Law on Officers of the Vietnam People's Army dated November 27, 2014; the Law Amending and Supplementing Certain Provisions of the Law on Officers of the Vietnam People's Army dated November 28, 2024;

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

Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013, 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;

The Minister of National Defense issues this Circular regulating the rank of professional military personnel corresponding to salary levels, promotion, and 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 in national defense.

PART I
GENERAL PROVISIONS

This Circular regulates the rank of professional military personnel corresponding to salary levels, promotion, and demotion of ranks in cases of disciplinary action resulting in a reduction in pay grade; procedures, formalities, and authority to increase salary, upgrade category, transfer group, promote rank, and demote rank and terminate service for professional military personnel, workers, and civil servants in national defense.

Article 2. Applicability

This Circular applies to professional military personnel serving on active duty and in reserve positions; workers and civil servants in national defense; relevant agencies, organizations, units, and individuals.

Article 3. Principles of Implementation

1. Implement the principle of centralized democracy, responsibility of command officers of agencies, organizations, and units, and division of labor and delegation in management.

2. Fairness, transparency, and clarity.

3. Adhere to the authority and procedures stipulated by law.

4. Ensure the rights of professional military personnel, workers, and civil servants in national defense to request relevant agencies, organizations, and units with authority to examine the legality of decisions according to this Circular.

Chapter II
RANK OF PROFESSIONAL MILITARY PERSONNEL CORRESPONDING TO SALARY LEVELS, GRADING, AND PROMOTION OF RANKS FOR PROFESSIONAL MILITARY PERSONNEL

Article 4. Rank of professional military personnel corresponding to salary levels

1. The rank of Second Lieutenant for professional military personnel corresponds to a salary level with a coefficient below 3.95.

2. The rank of First Lieutenant for professional military personnel corresponds to a salary level from coefficient 3.95 to below 4.45.

3. The rank of Captain for professional military personnel corresponds to a salary level from coefficient 4.45 to below 4.90.

4. The rank of Major for professional military personnel corresponds to a salary level from coefficient 4.90 to below 5.30.

5. The rank of Lieutenant Colonel for professional military personnel corresponds to a salary level from coefficient 5.30 to below 6.10.

6. The rank of Colonel for professional military personnel corresponds to a salary level from coefficient 6.10 to below 6.80.

7. The rank of Senior Colonel for professional military personnel corresponds to a salary level from coefficient 6.80 upwards.

Article 5. Grading and Promotion of Ranks for Professional Military Personnel

Subjects specified in Clause 1 and Clause 2, Article 14 of the Law on Professional Military Personnel, Workers, and Civil Servants in National Defense who meet the conditions and criteria for selection and recruitment as professional military personnel shall be graded and promoted in ranks as follows:

1. Officers of the People's Army; workers and civil servants in national defense selected as professional military personnel shall be graded and promoted in ranks based on their position and title; technical and vocational training qualifications; current salary level, corresponding to the salary level prescribed in Article 4 of this Circular.

In case the position and title do not match the technical and vocational training field, they shall be graded and promoted in ranks based on the technical and vocational training field and the position and title currently held.

2. Non-commissioned officers and soldiers selected as professional military personnel shall be graded and promoted in ranks based on their position and title; technical and vocational training qualifications, corresponding to the salary level prescribed in Article 4 of this Circular.

3. Officials, civil servants, and civil servants recruited as professional military personnel shall be graded and promoted in ranks based on their recruitment position and title; technical and vocational training qualifications; current salary level according to the job grade and profession and compulsory social insurance contribution period (if applicable), corresponding to the salary level prescribed in Article 4 of this Circular.

In case they are not officials, civil servants, or civil servants, they shall be graded and promoted in ranks based on their recruitment position and title; technical and vocational training qualifications, corresponding to the salary level prescribed in Article 4 of this Circular.

Article 6. Promotion of Military Rank for Professional Soldiers when Salary is Increased

1. A professional soldier shall be promoted to a higher military rank when the current held military rank is lower than the corresponding military rank according to the increased salary level as stipulated in Article 4 of this Circular.

2. In cases where the current held military rank is equal to the highest military rank as prescribed in Clause 2, Article 16 of the Law on Professional Soldiers, Workers, and Defense Civil Servants, only salary increase or allowance for exceeding service years will be considered, without promotion of military rank.

3. In cases where the current held military rank is higher than the highest military rank as prescribed in Clause 2, Article 16 of the Law on Professional Soldiers, Workers, and Defense Civil Servants, such rank shall be retained.

Chapter III
DEMOTION OF MILITARY RANK IN CASES WHERE PROFESSIONAL SOLDIERS ARE DISCIPLINED WITH A LOWER SALARY GRADE

Article 7. Demotion of Military Rank in Cases Where Professional Soldiers Are Disciplined with a Lower Salary Grade

When a professional soldier violates discipline and is disciplined with a lower salary grade, the demotion of military rank shall be based on the salary grade lowered and the corresponding military rank as stipulated in Article 4 of this Circular.

Article 8. Salary Classification in Cases of Disciplinary Action with a Lower Salary Grade or Demotion of Military Rank

1. A professional soldier who is disciplined with a lower salary grade, whether one or more grades, shall have their new salary grade determined within the same category and type of professional soldiers based on the number of salary grades lowered.

If currently receiving the first salary grade, the disciplinary action of lowering the salary grade shall not apply; instead, depending on the nature and severity of the disciplinary violation, the disciplinary measures prescribed at Points a, b, c, d, and g of Clause 1, Article 50 of the Law on Professional Soldiers, Workers, and Defense Civil Servants shall be applied.

2. A professional soldier disciplined with demotion of military rank shall have their new salary grade determined based on the highest coefficient of the demoted military rank within the same category and type of professional soldiers.

If currently holding the rank of Junior Lieutenant in professional soldiers, the disciplinary action of demoting military rank shall not apply; instead, depending on the nature and severity of the disciplinary violation, the disciplinary measures prescribed at Points a, b, c, d, đ, and g of Clause 1, Article 50 of the Law on Professional Soldiers, Workers, and Defense Civil Servants shall be applied.

3. A professional soldier enjoying an allowance for exceeding service years, if disciplined with a lower salary grade or demotion of military rank, shall not continue to enjoy such allowance and shall have their salary adjusted according to the provisions of Clauses 1 and 2 of this Article.

4. The period of receiving the new salary grade shall commence from the date the disciplinary decision becomes effective. The period of holding the previous salary grade before being disciplined shall be preserved for consideration in the next salary increase; the period for the next salary increase shall be extended by twelve months compared to the regulations.

Chapter IV
PROCEDURES, REQUIREMENTS, AUTHORITY FOR INCREASED SALARY, CATEGORY, GROUP, RANK, AND PROMOTION OR DEMOTION OF MILITARY RANK; DECREASED SALARY, CATEGORY, GROUP, RANK, AND DISMISSAL FROM SERVICE FOR PROFESSIONAL SOLDIERS, WORKERS, AND DEFENSE CIVIL SERVANTS

Article 9. Authority to increase salary, upgrade category, transfer group, promote rank, confer, promote military rank grade; reduce salary grade, category, group, rank, demote military rank grade and terminate 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 salary for defense workers and defense officials with a salary coefficient of 6.20 or higher;

đ) Upgrade category for defense workers, promote rank for defense officials.

2. Authority of commanders of subordinate units 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 salary for defense workers and defense officials with a salary coefficient below 6.20.

3. The authority that promotes military rank grade and increases salary up to a certain military rank grade and salary coefficient has the authority to grant seniority allowance exceeding the ceiling for professional soldiers, defense workers, and defense officials up to that military rank grade and salary coefficient.

4. The authority that increases salary, upgrades category, transfers group, promotes rank, and promotes military rank grade up to a certain military rank grade and salary coefficient has the authority to reduce salary grade, category, group, rank, demote military rank grade, and terminate service for professional soldiers up to that military rank grade and salary coefficient; terminate service for defense workers and defense officials in the military up to that military rank grade and salary coefficient.

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, promote military rank grade for professional soldiers serving in reserve positions shall be implemented according to the provisions at Point a, b, c Clause 1 and Point a Clause 2 Article 9 of this Circular.

2. The authority to reduce salary grade; downgrade category, group; demote military rank grade for professional soldiers serving in reserve positions shall be implemented according to the provisions at Clause 4 Article 9 of this Circular.

Article 11. Authority, procedures, and formalities for increasing salary, upgrading category, transferring group, promoting rank, conferring, promoting military rank grade; reducing salary grade, category, group, rank, demoting military rank grade and terminating service for professional soldiers, defense workers, and defense officials appointed to hold positions as cadres

Authority, procedures, and formalities for increasing salary, upgrading category, transferring group, promoting rank, conferring, promoting military rank grade; reducing salary grade, category, group, rank, demoting military rank grade and terminating service for professional soldiers, defense workers, and defense officials appointed to hold positions as cadres shall be carried out according to the regulations on cadre work in the Vietnam People's Army.

Article 12. Procedures and formalities for increasing salary, upgrading category, transferring group, promoting rank 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 time limit for salary increase or meet the conditions and standards for upgrading category, transferring group of professional soldiers; upgrading category of defense workers; promoting rank of defense officials report directly to the commander of the battalion-level unit or 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) Military forces at brigade level and above are responsible for compiling, reviewing proposals for salary increase, promotion of military rank grade, upgrading category, transferring group of professional soldiers; salary increase, upgrading category of defense workers; salary increase, promoting rank of defense officials of subordinate units; passing through the salary council; reporting to the brigade-level party committee and commander for review and approval, and submitting a written proposal to the immediate superior authority under the Ministry of National Defense;

d) The military force agency of subordinate units under the Ministry of National Defense receives, compiles, reviews proposals for salary increase, promotion of military rank grade, upgrading category, transferring group of professional soldiers; salary increase, upgrading category of defense workers; salary increase, promoting rank of defense officials of directly subordinate units; passing through the salary council; reporting to the unit's party committee and commander:

- Deciding on salary increase, group transfer, promotion of military rank grade for professional soldiers; salary increase for defense workers; salary increase for defense officials within the authority stipulated in Clause 2 Article 9 of this Circular.

- Reporting proposals for salary increase, upgrading category, transferring group, promotion of military rank grade of Major professional soldiers; salary increase, upgrading category of defense workers; salary increase, promoting rank of defense officials within the decision-making authority of the Minister of National Defense as stipulated in Clause 1 Article 9 of this Circular.

2. Procedures and formalities within the authority of the Minister of National Defense: The Military Service Department under the General Staff Headquarters receives reports proposing salary increase, upgrading category, transferring group, promotion of military rank grade of Major professional soldiers; salary increase, upgrading category of defense workers; salary increase, promoting rank of defense officials from subordinate units under the Ministry of National Defense; reviewing and compiling reports for the Chief of General Staff to consider and submit to the Minister of National Defense for decision.

3. The decision of the competent authority to increase salary, upgrade category, transfer group, promote military rank grade for professional soldiers; increase salary, upgrade category of defense workers; increase salary, promote rank of defense officials becomes effective from the date of signing.

After receiving the decision, the commanders at all levels (brigade, independent battalion, and equivalent) must organize the announcement and hand over the decision to professional soldiers, defense workers, and defense officials within 15 working days at the latest.

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) List proposing salary increase, upgrading category, transferring group, promoting rank for professional soldiers, defense workers, and defense officials;

c) Copies of relevant documents related to salary increase, upgrading category, transferring group, promoting rank of professional soldiers, defense workers, and defense officials.

2. Implementation Time:

a) The Ministry of National Defense examines and decides on salary increase, upgrading category, promotion of military rank grade of Major professional soldiers; salary increase, upgrading category of defense workers; salary increase, promotion of rank of defense officials; granting seniority allowance exceeding the ceiling within the authority stipulated in Clause 1 and Clause 3 Article 9 of this Circular annually in July.

b) Subordinate units under the Ministry of National Defense examine and decide on salary increase, group transfer, promotion of military rank grade for professional soldiers; salary increase for defense workers and defense officials; granting seniority allowance exceeding the ceiling within the authority stipulated in Clause 2 and Clause 3 Article 9 of this Circular annually in July.

c) Professional military personnel, defense workers, and civil servants during their preparatory retirement leave shall be eligible for a salary increase ahead of schedule upon approval by the competent authority. The examination for an early salary increase shall be conducted in the last month of each quarter.

Chapter V
IMPLEMENTING PROVISIONS

Article 14. Effective Date

1. This Circular takes effect from December 15, 2016.

2. This Circular replaces Circular No. 12/2009/TT-BQP dated March 18, 2009, issued by the Minister of National Defense, which stipulates the authority to raise, lower ranks, categories, and pay grades; transfer groups and pay grades; change systems for professional military personnel, defense workers, and civil servants; confer, promote, revoke, and demote military ranks for professional military personnel; Circular No. 05/2014/TT-BQP dated January 23, 2014, issued by the Minister of National Defense, amending Clause 6, Section 1 of Circular No. 12/2009/TT-BQP dated March 18, 2009, issued by the Minister of National Defense; and Circular No. 31/2010/TT-BQP dated April 6, 2010, issued by the Minister of National Defense, which stipulates the conferment and promotion of military ranks for professional military personnel in the Vietnam People's Army.

Article 15. Responsibility for Implementation

1. The Chief of General Staff, heads of agencies, organizations, units, and individuals related to this matter are responsible for implementing this Circular.

2. Agencies, organizations, units, and individuals who violate the provisions of this Circular shall be subject to legal action according to the nature and degree of violation as prescribed by law./.