Law Amending and Supplementing Certain Articles of the Officer Law of the Vietnam People's Army No. 19/2008/QH12

LAW

Amending and supplementing certain Articles of the Law on Officers of the Vietnam People's Army

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Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 as amended and supplemented by Resolution No. 51/2001/QH10;

The National Assembly promulgates this Law amending and supplementing certain Articles of the Law on Officers of the Vietnam People's Army No. 16/1999/QH10.

Article 1. Amending and supplementing certain Articles of the Law on officers of the Vietnam People's Army:

1. Article 1 is amended and supplemented as follows:

"Article 1. Officers of the Vietnam People's Army

Officers of the Vietnam People's Army (hereinafter referred to as officers) are cadres of the Communist Party of Vietnam and the State of the Socialist Republic of Vietnam, working in the military field, conferred with ranks of Lieutenant, Captain, and General by the State.

Military uniforms, insignia, badges, and officer identification cards shall be prescribed by the Government."

2. Article 11 is amended and supplemented as follows:

"Article 11. Positions of officers

1. Basic positions of military officers include:

a. Platoon leader;

b. Company commander, Company political commissar;

c. Battalion commander, Battalion political commissar;

d. Regiment commander, Regiment political commissar; County Military Command Chief, County Political Commissar; County Militia and Self-Defense Force Command Chief, County Political Commissar of the Militia and Self-Defense Force;

đ. Brigade commander, Brigade political commissar;

e. Division commander, Division political commissar; Naval Zone Command Chief, Naval Zone Political Commissar; Coast Guard Zone Command Chief, Coast Guard Zone Political Commissar; Provincial Militia and Self-Defense Force Command Chief, Provincial Political Commissar of the Militia and Self-Defense Force;

g. Corps Commander, Corps Political Commissar; Service Branch Commander, Service Branch Political Commissar;

h. Military Region Commander, Military Region Political Commissar; Military Service Branch Commander, Military Service Branch Political Commissar; Border Defense Force Commander, Border Defense Force Political Commissar;

i. Department Director, Department Political Commissar;

k. Deputy Minister of Defense, Director of the Political Department;

l. Minister of Defense.

2. Positions equivalent to those specified in points h and i of Clause 1 of this Article shall be prescribed by the Prime Minister; positions equivalent to those specified in points a, b, c, d, đ, e, and g shall be prescribed by the Minister of Defense."

3. Article 13 shall be amended and supplemented as follows:

"Article 13. Age limit for active service of officers

1. Maximum age for active service according to rank:

Lieutenant: male 46, female 46;

Major: male 48, female 48;

Lieutenant Colonel: male 51, female 51;

Colonel: male 54, female 54;

Senior Colonel: male 57, female 55;

General: male 60, female 55.

2. When there is a need from the military, officers who meet the necessary political qualities, moral standards, expertise, good health, and voluntarily agree may extend their active service age limit as stipulated in Clause 1 of this Article by up to five years; in special cases, it may be extended further.

3. The highest age limit for officers holding command and management positions as specified in points a, b, c, d, đ, e, and g of Clause 1 of Article 11 shall be prescribed by the Minister of Defense but shall not exceed the highest age limit for officers as stipulated in Clause 1 of this Article."

4. Article 15 is amended and supplemented as follows:

"Article 15. Highest rank for positions of officers

1. The highest rank for basic positions of officers is prescribed as follows:

a. Platoon leader: Senior Lieutenant;

b. Company commander, Company political commissar: Major;

c. Battalion commander, Battalion political commissar: Lieutenant Colonel;

d. Regiment commander, Regiment political commissar; County Military Command Chief, County Political Commissar: Colonel;

đ. Brigade commander, Brigade political commissar: Senior Colonel;

e. Division commander, Division political commissar; Naval Zone Command Chief, Naval Zone Political Commissar; Coast Guard Zone Command Chief, Coast Guard Zone Political Commissar; Provincial Militia and Self-Defense Force Command Chief, Provincial Political Commissar of the Militia and Self-Defense Force: Senior Colonel;

g. Corps Commander, Corps Political Commissar; Service Branch Commander, Service Branch Political Commissar: Brigadier General;

h. Military Region Commander, Military Region Political Commissar; Military Service Branch Commander, Military Service Branch Political Commissar; Border Defense Force Commander, Border Defense Force Political Commissar: Major General;

i. Department Director, Department Political Commissar: Major General;

k. Deputy Minister of Defense, Director of the Political Department: General;

l. Minister of Defense: General.

2. The highest rank for positions equivalent to those at points g, h, and i of Clause 1 of this Article shall be prescribed by the Prime Minister; at points a, b, c, d, đ, and e by the Minister of Defense.

3. Officers in provincial and county-level local military forces in strategically important areas as prescribed by the Government or officers in units with special missions as prescribed by the Minister of Defense and who have made outstanding contributions may be promoted to a higher rank than the highest rank prescribed in Clause 1 of this Article."

5. Article 16 is amended and supplemented as follows:

"Article 16. Subjects for awarding military rank to officers on active duty

1. Graduates from officer training programs on active duty shall be awarded the rank of Second Lieutenant; those who graduate with excellent or good grades in specialized training fields or have outstanding achievements in work shall be awarded the rank of First Lieutenant; in special cases, they may be awarded a higher rank according to the regulations of the Minister of National Defense.

2. Non-commissioned officers, soldiers during wartime; professional military personnel and defense civil servants on active duty; civilian officials outside the military and individuals with university degrees or higher entering active service and being appointed to officer positions shall be awarded corresponding officer ranks."

6. Article 18 is amended and supplemented as follows:

"Article 18. Advancing military rank for officers ahead of schedule

Officers may be considered for advancement in military rank ahead of the time specified in Clause 2 of Article 17 of this Law in the following cases:

1. In combat, achieving outstanding feats of arms or in work and scientific research, receiving a Medal;

2. Fulfilling their duties and responsibilities well while holding a current military rank that is two or more levels lower than the highest military rank prescribed for the position they hold, or holding a current military rank that is lower than the highest military rank prescribed for command and management positions."

7. Article 19 is used and supplemented as follows:

"Article 19. Extending the period for considering advancement in military rank for officers

1. When officers reach the period for considering advancement in military rank but do not meet the conditions stipulated in Clause 1 of Article 17 of this Law, they may be considered for advancement in subsequent years.

2. During the period for considering advancement in military rank, if officers are disciplined with a warning, demotion, removal from office, or reprimand in the final year of the period for considering advancement in military rank, the period for considering advancement in military rank must be extended by at least one year.

3. If officers are disciplined with a reduction in military rank, after at least one year from the date of reduction, if they show progress, they may be considered for advancement in military rank."

8. Article 25 is used and supplemented as follows:

"Article 25. Authority to decide on officers

1. The authority to appoint positions, award, and advance military ranks for officers is defined as follows:

a. The President appoints the Chief of the General Staff, the Director of the Political Department; awards and advances military ranks of General, Lieutenant General, Admiral of the Navy;

b. The Prime Minister appoints Directors of Departments, Political Commissars of Departments; Commanders of Military Regions, Political Commissars of Military Regions; Commanders of Services, Political Commissars of Services, and equivalent positions; awards and advances military ranks of Lieutenant General, Vice Admiral of the Navy, Major General, Rear Admiral of the Navy;

c. The Minister of National Defense appoints other positions and awards and advances remaining military ranks;

d. Appointments to positions within the Procuracy, Court, and Enforcement Service in the military are carried out according to the provisions of the law.

2. The authority that decides on appointments, awards, and advancements in military ranks up to a certain position and rank also has the authority to decide on extending the period of active service, increasing pay, transferring, assigning temporarily, relieving of duty, appointing to a lower position, demoting, removing from office, stripping of military rank, reducing officer military rank, terminating active service, changing and vacating reserve officer positions up to that position and rank."

9. Article 29 is amended and supplemented as follows:

"Article 29. Obligations, responsibilities, and benefits of assigned officers

1. Fulfill obligations and responsibilities and enjoy benefits like officers working in the military; guaranteed working and living conditions by the agency or organization where they are assigned.

2. Carry out tasks assigned by the competent authority and be subject to management by the agency or organization where they are assigned."

10. Article 31 is amended and supplemented as follows:

"Article 31. Salary, allowances, housing, and working conditions for active-duty officers

Active-duty officers shall enjoy salary, allowances, housing, and working conditions as follows:

1. The salary system and allowances shall be prescribed by the Government; the pay scale for officers shall be based on rank and position, appropriate to the nature and tasks of the military, which is a special occupation; seniority shall be calculated according to the current salary level and the time served in active duty. Officers shall enjoy allowances and subsidies as those for civil servants with similar working conditions and allowances and subsidies with military characteristics;

2. Meeting the criteria, reaching the term for promotion but already holding the highest rank of the current position or having held the rank of Colonel for four years or more without being promoted to a higher rank, they shall be entitled to a salary increase according to the officer's salary system;

3. Holding multiple positions at the same time, they shall enjoy the benefits of the highest position and兼任职务的补贴，按照法律规定执行；

4. When assigned a lower position than the current one as stipulated in point a, Clause 3, Article 21 of this Law, they shall retain the benefits of the previous position;

5. Upon receiving a decision to relieve from office, they shall enjoy the benefits according to the new position;

6. They shall be guaranteed conditions to perform their duties as prescribed by the Minister of National Defense;

7. They shall be guaranteed housing and registration of household registration as prescribed by the Government."

11. Article 35 is amended and supplemented as follows:

"Article 35. Officers ceasing active service

1. Officers shall cease active service in the following cases:

a. Meeting retirement conditions;

b. Reaching the age limit for active service as prescribed in Article 13 of this Law;

c. Due to organizational restructuring and there is no longer a need to allocate professional military personnel or defense officials;

d. No longer meeting the criteria prescribed for active-duty officers.

2. Officers ceasing active service shall do so in one of the following forms:

a. Retirement;

b. Transfer to another field;

c. Resignation;

d. Retirement under the war invalids' benefit system.

3. When ceasing active service, if they meet the criteria and have not yet reached the age limit for reserve officers as prescribed in Article 38 of this Law, they shall be transferred to the reserve officer rank."

12. Article 37 is amended and supplemented as follows:

"Article 37. Benefits for officers ceasing active service and for deceased active-duty officers

1. Retired officers shall enjoy the following benefits:

a. Pension calculated based on the provisions of Clause 1, Article 31 of this Law;

b. If retiring before the maximum age specified by rank in Clause 1, Article 13 of this Law due to organizational restructuring or reaching the age limit for command and management positions and the military no longer needs them, in addition to the pension, they shall also receive a one-time allowance as prescribed by the Government;

c. Using military uniforms, insignia, rank badges, and service badges on holidays and traditional meetings and gatherings of the military;

d. Local authorities where the officer resides legally registered shall provide conditions for living and doing business; if there is no housing, they shall be provided with housing or land for residence as prescribed by the Government;

đ. Medical examination and treatment according to the health insurance system at military and civilian medical facilities.

2. Officers transferring to another field shall enjoy the following benefits:

a. The State shall ensure necessary professional and vocational training for officers transferring to another field as required by organizations;

b. Ensuring the officer's salary at the time of transfer for a minimum period of 18 months;

c. When retiring, they shall enjoy seniority allowance calculated based on the time served in active duty and the rank at the time of transfer; if the current salary is lower than the officer's salary at the time of transfer, the officer's salary at the time of transfer shall be used to calculate the pension;

d. The benefits prescribed in point c, Clause 1 of this Article;

đ. In case of reassignment back to serve in the military due to needs, the time spent transferring to another field shall be counted towards continuous service time for promotion and seniority calculation.

3. Resigned officers shall enjoy the following benefits:

a. One-time job creation allowance and resignation allowance;

b. If they have served in the military for 15 years or more, when sick, they shall be entitled to free or reduced-cost medical examination and treatment at military medical facilities as prescribed by the Minister of National Defense;

c. The benefits prescribed in points c and d, Clause 1 of this Article.

4. Officers retiring under the war invalids' benefit system shall enjoy the following benefits:

a. Benefits as prescribed by laws on preferential treatment for persons who have contributed to the revolution and social insurance benefits as prescribed by the Social Insurance Law;

b. The benefits prescribed in points c and d, Clause 1 of this Article.

5. Officers who have directly participated in combat, combat support, or worked in difficult areas or special professions shall have their time converted to calculate benefits when ceasing active service.

6. In the event of death of an active-duty officer, their relatives shall be entitled to benefits as prescribed by laws on preferential treatment for persons who have contributed to the revolution and a one-time allowance as prescribed by the Government.

7. In the event of natural death of an active-duty officer, their relatives, in addition to social insurance benefits as prescribed by the Social Insurance Law, shall also be entitled to a one-time allowance as prescribed by the Government."

13. Article 38 is amended and supplemented as follows:

"Article 38. Age limit for reserve officers

The highest age limit for reserve officers is specified as follows:

Lieutenant Colonel: 51;

Major: 53;

Lieutenant Colonel: 56;

Senior Lieutenant Colonel: 57;

Colonel: 60;

General: 63."

14. Article 40 is amended and supplemented as follows:

"Article 40. Calling up reserve officers for training and calling up reserve officers to serve on active duty, undergo training, and readiness checks for mobilization and combat

Based on the Government's plan, the calling up of reserve officers for training, calling up reserve officers to serve on active duty, undergo training, and readiness checks for mobilization and combat shall be carried out according to the following provisions:

1. Calling up reserve officers for training:

a. The Minister of National Defense decides for professional military personnel, non-commissioned officers preparing to leave service, and individuals who have graduated from university or higher outside the military;

b. The Chairman of the People's Committee at the district level decides for cadres, civil servants, and reserve non-commissioned officers residing in the locality.

2. Calling up reserve officers to serve on active duty during wartime; undergoing training and readiness checks for mobilization and combat:

a. The Minister of National Defense decides for reserve officers holding command positions at the Brigade level and equivalent, and reserve officers with the rank of Colonel;

b. The Chairman of the People's Committee at the provincial level decides for reserve officers holding command positions at the Regiment level and equivalent, and reserve officers with the rank of Senior Lieutenant Colonel; the Chairman of the People's Committee at the district level decides for reserve officers holding command positions at the Battalion level and below, and reserve officers with the rank of Lieutenant Colonel and below.

3. Calling up reserve officers for urgent tasks but not yet reaching partial mobilization levels and calling up reserve officers to serve on active duty during peacetime for a period of two years is decided by the Minister of National Defense."

15. Article 44 is amended and supplemented as follows:

"Article 44. Discharge of reserve officers

Reserve officers who have reached the age limit specified in Article 38 of this Law or no longer meet the conditions and criteria shall be discharged from reserve officer status.

The discharge of reserve officers shall be decided by the competent authority."

Article 2. Abolish Clause 4, Clause 16, and rearrange Clauses of Article 7 of the Officer Law of the Vietnam People's Army No. 16/1999/QH10 as follows:

Clauses from Clause 5 to Clause 15 of Article 7 are converted into Clause 4 to Clause 14; Clause 17 is converted into Clause 15. After rearrangement, the content of Clause 8 (Clause 9 of Article 7 of the current Law) is revised to read: "8. Other specialist officers are officers assigned to work in sectors not included in the groups of officers specified in Clauses 4, 5, 6, and 7 of this Article."

Article 3. This Law takes effect from July 1, 2008.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the 12th term, third session, on June 3, 2008./.