Decree No. 18/2007/NĐ-CP on Professional Military Personnel in the Vietnam People's Army

DECREE

Professional military personnel in the People's Army of Vietnam

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THE GOVERNMENT

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

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

the Law Amending and Supplementing Certain Articles of the Law on Military Service dated June 22, 1994 and the Law Amending and Supplementing Certain Articles of the Law on Military Service dated June 14, 2005;

Considering the proposal of the Minister of National Defense.

DECREE:

Article 1. Scope of Regulation

This Decree stipulates the obligations, rights, and service conditions of professional military personnel in the People's Army of Vietnam.

Article 2. Professional Military Personnel

Professional military personnel are military personnel with the necessary professional and technical qualifications for command, combat, combat support, military construction, and who voluntarily serve long-term in the military. The specific term of service is defined in Article 7 of this Decree.

Depending on their level of technical and vocational training, professional military personnel are classified as junior, middle, and senior level.

The Ministry of National Defense shall define the positions to be filled by professional military personnel in the organizational structure and establishment of the People's Army of Vietnam.

Article 3. Management of Professional Military Personnel

When professional military personnel are assigned to hold command positions, all military personnel under their command must obey orders and be subject to their management and direction. Relations between professional military personnel and other military personnel shall be carried out according to the regulations and rules of the People's Army of Vietnam. Based on the provisions of the law, the Ministry of National Defense shall define the management of professional military personnel.

Article 4. Rank Insignia and Specialty Patches of Professional Military Personnel

Professional military personnel have their own rank insignia and specialty patches similar to those of officers, with backgrounds in the colors of each branch and Border Guard, and with specialty patches correctly aligned according to the branch, arm, and profession.

Article 5. Ranks of Professional Military Personnel

The ranks of professional military personnel include:

1. Sub-Lieutenant of Professional Military Personnel;

2. Second Lieutenant of Professional Military Personnel;

3. Lieutenant of Professional Military Personnel;

4. Senior Lieutenant of Professional Military Personnel;

5. Captain of Professional Military Personnel;

6. Major of Professional Military Personnel;

7. Lieutenant Colonel of Professional Military Personnel;

8. Colonel of Professional Military Personnel.

Article 6. Objectives and Conditions for Transfer to Serve Under the Professional Military Personnel System

1. Objectives for transfer to serve under the professional military personnel system:

a) Non-commissioned officers and soldiers who have completed their term of active service;

b) Defense workers and civil servants;

c) Officers of the People's Army of Vietnam;

d) Citizens with professional and technical qualifications outside the age limit for enlistment as prescribed in Article 12 of the Law on Military Service.

2. Conditions for transfer to serve under the professional military personnel system:

a) When the People's Army of Vietnam has a need;

b) Non-commissioned officers and soldiers who have completed their term of active service have professional and technical qualifications and volunteer;

c) Defense workers and civil servants have professional and technical qualifications, have been trained in military affairs as prescribed by the Ministry of National Defense, and volunteer;

d) Officers of the People's Army of Vietnam when the position they are holding no longer requires an officer;

e) Citizens with professional and technical qualifications outside the age limit for enlistment as prescribed in Article 12 of the Law on Military Service, who have been mobilized into the military.

3. The Minister of National Defense shall prescribe the procedures for transferring to the professional system, registering for active service, conferring, promoting, demoting, and stripping ranks for professional military personnel; take the lead in coordinating with the Ministry of Interior and the Ministry of Finance to guide the implementation of salary grading, salary increases, and special allowances for professional military personnel.

Article 7. Term of Service for Professional Military Personnel

1. The term of service during peacetime for professional military personnel is six years or until the age of fifty, depending on each position.

2. The term of service for each position shall be prescribed by the Minister of National Defense.

Article 8. Discharge of Professional Military Personnel

Professional military personnel who meet any of the following conditions shall be discharged before their term of service and before reaching the age limit for service:

1. Moral character and capability do not meet job requirements.

2. Are concluded by the competent Military Medical Appraisal Board to be unfit for work due to health reasons.

3. Have a particularly difficult family situation confirmed by the People's Committee of the commune, ward, town and the military authority at the district, city district, provincial town level.

4. Due to organizational restructuring and manpower adjustment requirements of the Army.

5. Meet the conditions for retirement benefits as stipulated by the Government.

6. The Ministry of National Defense shall prescribe and guide the implementation of Clause 1, 2, and Clause 4 of this Article.

Article 9. Obligations of Professional Military Personnel

1. To be absolutely loyal to the Homeland, the people, and the Socialist Republic of Vietnam, to uphold revolutionary vigilance, to be ready to fight and sacrifice to firmly defend the socialist homeland of Vietnam, and to fulfill all assigned tasks.

2. To respect the collective ownership rights of the people, to maintain close ties with the people, and to resolutely protect state property and the lives and property of the people.

3. To set an example in implementing the Party's policies and State laws, military regulations, and rules.

4. To strive to study politics, military affairs, culture, technology, and professional skills, to cultivate organizational discipline, technical proficiency, and physical fitness, and to continuously enhance combat readiness.

5. When professional military personnel cease active service and still meet the age requirement for reserve service, they shall be transferred to reserve service according to regulations applicable to the Reserve Force.

Article 10. Benefits for Professional Military Personnel

1. Professional military personnel are encouraged to improve their qualifications, make inventions and innovations, conduct scientific research topics, and create works, and shall be rewarded both materially and spiritually as stipulated by the State; they shall be assigned work commensurate with their qualifications and job requirements.

2. Professional military personnel shall receive salaries as prescribed in Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government; they shall be eligible for salary increments, other allowances (if any), and other benefits as provided for officers of the Vietnam People's Army. The Minister of National Defense shall organize the implementation of the salary policy and special allowances for professional military personnel as currently prescribed by the State.

3. During active service, professional military personnel shall enjoy leave, holidays, and Tet breaks as generally prescribed by the State and the Ministry of National Defense.

4. During active service, parents, spouses, and children of professional military personnel shall enjoy medical insurance benefits as provided for parents, spouses, and children of active-duty officers.

5. Upon ceasing active service, professional military personnel shall enjoy benefits and policies as provided for officers upon ceasing active service.

6. During reserve service, professional military personnel and their families shall enjoy benefits and policies as prescribed by the Ordinance on the Reserve Force.

Article 11. Implementation Provisions

This Decree shall take effect fifteen days from the date of publication in the Official Gazette and shall replace Decree No. 238/HĐBT dated August 3, 1991 of the Council of Ministers on the issuance of the Regulations on Professional Military Personnel, and all previous provisions contrary to this Decree shall be abolished.

Article 12. Responsibility for Implementation

1. The Minister of National Defense shall guide the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree./.