Decree No. 26/2002/ND-CP on reserve officers of the Vietnam People's Army

DECREE OF THE GOVERNMENT

Regarding reserve officers of the Vietnam People's Army.

THE GOVERNMENT

WHEREAS EDUCATION Education Law dated December 25, 2001;

Pursuant to the Officer Law of the Vietnam People's Army dated December 21, 1999;

WHEREAS EDUCATION The Mobilization Reserve Forces Ordinance dated August 27, 1996,

At the proposal of the Minister of d) Important criminal cases;

DECREE:

Chapter I

GENERAL PROVISIONS

Article 1. This Decree stipulates the recruitment, training, registration, management, instruction, assignment, appointment and dismissal from office, promotion, transfer of rank, and demobilization of reserve officers; the call-up of reserve officers for active service, regulations, policies, rewards, handling of violations, and funding for reserve officer work.

Article 2.

1. Reserve officers are officers of the Vietnam People's Army serving in reserve ranks, including first-class reserve officers and second-class reserve officers as defined in Clause 1, Article 13 of the Officer Law of the Vietnam People's Army dated December 21, 1999 (hereinafter referred to as the Officer Law of 1999).

2. Reserve officers are registered, managed, trained, and assigned within mobilization reserve units, ready to be mobilized for active service, and reinforced to the standing forces when needed.

Article 3.

1. The reserve officer corps must be strong politically and organizationally; have a reasonable number and structure; possess command, management, professional, and technical qualifications that meet the requirements for building and mobilizing reserve forces.

2. The construction and mobilization of the reserve officer corps must ensure sufficient quotas, correct target groups and standards, timely implementation, and confidentiality and security as prescribed by law.

Article 4. State agencies, political organizations, socio-political organizations, economic organizations, social organizations, and occupational associations (hereinafter collectively referred to as agencies and organizations), people's armed forces units, and all citizens have the responsibility to implement the provisions on reserve officers in this Decree and other relevant legal documents. Number of employees and workers directly involved in the joint venture and association activities of the organization over the last 03 yearsThis Decree details certain provisions and measures to implement the Intellectual Property Law of 2005 and the Law amending and supplementing certain provisions of the Intellectual Property Law of 2009 (hereinafter referred to collectively as the Intellectual Property Law) regarding copyright and related rights.

PART II

RECRUITMENT AND TRAINING OF RESERVE OFFICERS

Article 5.

1. The following individuals are eligible for recruitment and training as reserve officers:

a) Professional military personnel, non-commissioned officers upon leaving active service, and first-class reserve non-commissioned officers;

b) Civil servants outside the military and those who have graduated from university or higher.

2. Individuals eligible under Clause 1 of this Article, who meet the criteria for political ideology, moral character, educational level, health, and age, may be recruited and trained as reserve officers. Specific criteria and conditions for each eligible group are determined by the Ministry Ministry of Science and Technology PREPARATION AND IMPLEMENTATION OF PEOPLE'S AIRDEFENSE WORK

Article 6.

1. Based on the need to build the reserve officer corps, at the proposal of the Ministry Ministry of Science and Technology of National Defense, the Prime Minister decides the quota for training reserve officers, assigns annual recruitment targets for citizens to train as reserve officers to Ministries, agencies equivalent to ministries, and provincial-level administrative units directly under the central government (hereinafter collectively referred to as Ministries) and centrally-administered municipalities.

2. Based on the Prime Minister's decision, the Ministry Ministry of Science and Technology of National Defense determines the specific number of each type of reserve officer to be trained in Ministries and provinces.

, Clause 1, Clause 2 Article 7a of this Regulation.. Training of reserve officers is conducted at military schools. The training period for reserve officers ranges from three to six months. Depending on the target group and training requirements for each type of reserve officer, the Ministry Ministry of Science and Technology of National Defense specifies the duration, content, and curriculum of the training.

Article 8.

1. The Ministry of National Defense guides Ministries and provinces in recruiting individuals meeting the criteria for training as reserve officers.

2. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).of the provincial people's committee directs and supervises Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).of the district, urban district, town, and centrally-administered city people's committees (hereinafter collectively referred to as district-level committees) to organize the recruitment of individuals for reserve officer training according to the quota, target group, criteria, and prepare files for the Ministry Ministry of Science and Technology of National Defense to decide on calling individuals for reserve officer training.

3.Based on the Ministry Ministry of Science and Technology of National Defense's decision to call individuals for reserve officer training, the process of calling individuals for training is carried out as follows:

a) The Chairman Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).of the district-level people's committee calls individuals for reserve officer training among first-class reserve non-commissioned officers, civil servants outside the military, and university graduates residing in the locality;

b) The Rectors of universities implement the Ministry Ministry of Science and Technology of National Defense's decision to call individual students upon graduation from university for reserve officer training;

c) Units subordinate to the Ministry of National Defense call individuals for reserve officer training among professional military personnel and non-commissioned officers upon leaving active service.

Article 9.

1. Individuals recruited for training as reserve officers are responsible for complying with the recruitment regulations and obeying orders to attend reserve officer training.

2. Agencies and organizations with individuals called for reserve officer training are responsible for providing files, arranging time, and ensuring rights and benefits for individuals attending reserve officer training as prescribed by law.

Chapter III

REGISTRATION, MANAGEMENT, INSTRUCTION, PROMOTION, AND DEMOBILIZATION OF RESERVE OFFICERS

RESERVIST OFFICER REGISTRATION AND MANAGEMENT

PART I. REGISTRATION AND MANAGEMENT OF RESERVE OFFICERS

Article 10. Subjects for registering reserve officers:

1. Officers who cease active service but still meet the criteria and conditions to transfer to the reserve rank;

2. Professional military personnel who cease active service but still meet the criteria and conditions, and are conferred the rank of reserve officer;

3. Professional military personnel and non-commissioned officers who cease active service and reserve non-commissioned officers of the first category, having completed reserve officer training, and are conferred the rank of reserve officer;

4. Civil servants outside the military who have graduated from university or higher and have completed reserve officer training, and are conferred the rank of reserve officer.

Article 11

1. The subjects specified in Article 10 of this Decree must fulfill the obligation to register in the reserve officer rank.

2. Those individuals belonging to the subject categories specified in Clause 1 of this Article who have not yet registered as reserve officers, if:

a) They are deprived of the right to serve in the People's Armed Forces;

b) They are pursued for criminal responsibility;

c) They are sentenced to imprisonment or corrective labor without confinement;

d) They leave the country illegally or remain abroad illegally. 3. When they no longer fall under the provisions of Clause 2 of this Article, the registration of reserve officers will be reviewed and decided by the competent authority on a case-by-case basis according to the guidance of the Ministry.

The registration of reserve officers shall be carried out as follows: 1. Prosecutors of the Military Procuracy shall be appointed in accordance with the provisions of the law to perform the duties of public prosecution and supervision over judicial activities in the military forces:

Article 121. Reserve officers who are not civil servants or state officials shall register at the Military Command of the commune, ward, town (hereinafter referred to as commune level) or the military agency of the district where the reserve officer has permanent residence registration (hereinafter referred to as place of permanent residence).

2. Reserve officers who are civil servants or state officials shall register at their workplace agencies or organizations or the military agency of the district where they are based. Within fifteen days from the date when the officer ceases active service and transfers to the reserve rank or from the date of graduation from reserve officer training and returning to the place of permanent residence or workplace, the reserve officer must bring the introduction letter and reserve officer card to the military agency of the district to register for the first time in accordance with Article 12 of this Decree.

The military agency of the district shall handle the registration procedures and issue an introduction letter for the reserve officer to the Military Command of the commune or the agency or organization where the reserve officer works for management registration.

Article 13.

1. Within fifteen days from the date of any changes in the factors already registered regarding themselves and their family, the reserve officer must go to the Military Command of the commune or the agency or organization where they work to supplement the registration.

2. The Each month, the Military Command of the commune and the agency or organization with reserve officers shall compile supplementary registrations and report to the military agency of the district where they are based.

Article 14.

1. 1. Before moving the place of permanent residence or workplace from one district to another, reserve officers must go to the military agency of the district where they are based to handle the introduction procedures to the military agency of the new place of permanent residence or workplace.

2. Within fifteen days from the date of arrival at the new place of permanent residence or workplace, the reserve officer must go to the military agency of the new district to register in accordance with Article 12 of this Decree.

Article 15.

1. When absent from the place of permanent residence or workplace, reserve officers:

a) If absent for thirty days or more, the reserve officer must report to the Military Command of the commune or the agency or organization where they work. Each month, the Military Command of the commune and the agency or organization with reserve officers must report to the military agency of the district where they are based about the number of reserve officers currently absent; b) If a reserve officer assigned to a mobilization reserve unit is absent for three months or more, the military agency of the district must inform the directly responsible mobilization unit;

Article 16.

c) Upon receiving a general mobilization order, reserve officers must return immediately to their place of permanent residence or workplace to prepare for duty.

2. When reserve officers are dispatched for work or study abroad or leave the country for personal reasons:

a) For a period of one year or more, within fifteen days from the date the reserve officer leaves the country, the Military Command of the commune or the agency or organization where the reserve officer works must send a representative to the military agency of the district to register for long-term absence and return the reserve officer card. Within fifteen days from the date of returning to the place of permanent residence or workplace, the reserve officer must go to the military agency of the district to re-register in accordance with Article 12 of this Decree;

b) For a period less than one year, the reserve officer must return the reserve officer card to the Military Command of the commune or the agency or organization where they work. The Military Command of the commune or the agency or organization where the reserve officer works must report to the military agency of the district where they are based within fifteen days from the date the person leaves the country or returns from abroad.

1. Reserve officers who are exempt from being called up for active service during wartime, within fifteen days from the date the reserve officer receives a decision appointing them to a position exempt from such call-up, the agency or organization where the reserve officer works must notify the military agency of the district in writing to register them in the exempt category for wartime call-up.

2. If reserve officers no longer hold positions or occupations specified in Clause 1 of this Article, within fifteen days from the date they cease holding such positions, the agency or organization where they work must notify the military agency of the district in writing to re-register. 1. The Ministry of National Defense shall direct and guide the registration and management of reserve officers nationwide.

All levels of people's committees shall be responsible for directing the military agencies at the same level to implement the registration and management of reserve officers. 2. The Military Region Command, the Provincial Military Command shall be responsible for directing and guiding subordinate agencies and organizations and agencies and organizations in their jurisdiction to carry out the registration and management of reserve officers.

Article 17.

3. The military agency of the district, the Military Command of the commune, and the agency or organization with reserve officers shall be directly responsible for organizing the implementation of the registration and management of reserve officers.

4. Agencies and organizations shall only accept, arrange employment, and resolve benefits for reserve officers upon introduction by the military agency of the district that the reserve officer has fulfilled the registration obligation and created all conditions for the reserve officer to fully comply with the regulations on reserve officer registration.

Article 18.

1. The Ministry of National Defense shall direct and guide the registration and management of reserve officers throughout the country.

2. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).People's Committees at all levels shall be responsible for directing military agencies at the same level to implement the registration and management of reserve officers. Agencies responsible for encouragement and reward work have the responsibility:

3. Military Region Command, Provincial Military Command shall be responsible for directing and guiding subordinate units and organizations within their jurisdiction to implement the registration and management of reserve officers.

4. Military agencies at the district level, People's Militia and Self-Defense Forces at the commune level, and organizations with reserve officers shall be directly responsible for organizing and implementing the registration and management of reserve officers.

5. Agencies and organizations shall only accept, arrange employment, and resolve benefits for reserve officers when introduced by the military agency at the district level, provided that the reserve officer has fulfilled the registration obligation and all conditions have been created for the reserve officer to fully comply with regulations on reserve officer registration.

6. Permanent units and military training institutions must complete all necessary procedures to introduce reserve officers for registration at the district-level military authority where the reserve officer resides or works.

7. Military permanent units receiving reserve officers must regularly coordinate with local military authorities at various levels in reviewing, registering, and managing reserve officers assigned to reserve mobilization units under their command.

Article 19.

1. Application documents for examination of commendation titles include: 3. Forms for registering and managing reserve officers are issued by the Ministry of National Defense. Ministry of Science and Technology PREPARATION AND IMPLEMENTATION OF PEOPLE'S AIRDEFENSE WORK

2. Reserve officer cards are issued by the Ministry of National Defense, signed and granted by the unit commander subordinate to the Ministry of National Defense; in case of loss of the reserve officer card, it must be reported immediately to the district-level military authority; reissuing the card is handled by the competent authority upon specific review. 3. When a reserve officer violates the law to the extent that prosecution is required, the district-level military authority where the reserve officer resides or the organization where the reserve officer works temporarily seizes the reserve officer card; if imprisonment is imposed, the formal revocation of the reserve officer card is proposed to the competent authority. 4. Upon the death of a reserve officer,

the People's Committee of the commune, organizations, and places where the reserve officer resides or works have the responsibility to immediately inform the district-level military authority.

1. The principle of assigning reserve officers to reserve mobilization units: Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).1. Prioritize assigning reserve officers with military specialties and positions suitable for the established posts; if there is a shortage, assign those with similar military specialties.

Article 20. 2. Prioritize assigning first-class reserve officers; if there is a shortage, assign second-class reserve officers.

3. Assign reserve officers with residences or workplaces close to each other to the same reserve mobilization unit.

4. Adjustments in the assignment of reserve officers should be made promptly in cases of changes or movements within the reserve officer corps.

1. Reserve officers assigned to reserve mobilization units are subject to health check-ups every two years; reserve officers not yet assigned are checked when there is a need for mobilization; the results are recorded in the reserve officer's file.

2. The district-level health authority is responsible for organizing health check-ups for reserve officers.

Article 21.

1. Each year, the district-level military authority conducts a review of reserve officers at least once annually.

2. The 2. The comprehensive review of reserve officers is directed by the People's Committee of the district.

Article 22.

1. The People's Committee of the commune and organizations with reserve officers organize reserve officer activities registered in the reserve cadre position at least once annually, excluding participation in reserve mobilization unit activities as prescribed.

2. The content, form, and time of reserve officer activities are guided by the Ministry of National Defense. Ministry of Science and Technology PREPARATION AND IMPLEMENTATION OF PEOPLE'S AIRDEFENSE WORK

Article 23.

1. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).1. Ministries and agencies have dedicated or part-time staff responsible for reserve officer affairs. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).2. In the military, from the district-level military authority upwards, there are dedicated staff responsible for reserve officer affairs.

1. Every quarter, organizations where reserve officers work are responsible for compiling and reporting the quantity and quality of reserve officers to the district-level military authority before the 15th day of the last month of each quarter. 2. Military authorities at all levels implement statistical and reporting systems on reserve officers according to the guidance of the Ministry of National Defense.

Article 24.

TRAINING OF RESERVE OFFICERS 1. The content of reserve officer training includes: command and management training, political work, professional technical training, military specialty conversion training, exercises, readiness inspection for mobilization, and combat readiness (hereinafter referred to as training).

2. The duration of training for each category is determined by the Ministry of National Defense but shall not exceed one month in a year.

Article 25.

1. The annual training quota for reserve officers in ministries and provinces is decided by the Prime Minister.

2. The 2. Based on the Prime Minister's decision, the Ministry of National Defense is responsible for directing and guiding subordinate units to coordinate with ministries and localities regarding the timing, location, and methods of transferring reserve officers for training. 1. Prosecutors of the Military Procuracy shall be appointed in accordance with the provisions of the law to perform the duties of public prosecution and supervision over judicial activities in the military forces:

Section 2. 3. Ministries and localities allocated training quotas are responsible for mobilizing the required number of reserve officers, ensuring the correct target group, concentrating them at the designated time and place, and handing them over to reserve mobilization units; they also receive reserve officers back to their original positions upon completion of the training course.

Article 28.

4. Reserve officers must be present at the designated time and place specified in the call-up order and strictly comply with military and unit regulations during training.

5. Training units must evaluate and provide feedback on each reserve officer at the end of the training period and report this information to the district-level military authority and the organization where the reserve officer works. Ministry of Science and Technology 1. The Chairman

Article 27.

of the People's Committee of the district calls for centralized training for reserve officers holding positions from Battalion Commander of reserve mobilization units downwards and other reserve officers with ranks below Lieutenant Colonel. of the People's Committee of the province calls for centralized training for reserve officers holding positions from Deputy Regiment Commander of reserve mobilization units upwards and other reserve officers with ranks of Colonel and above.

3. The Ministry of National Defense calls for centralized training for reserve officers belonging to reserve mobilization units assigned to the Ministry

to establish.

TRANSFER

1. When a reserve officer reaches the age limit for first-class reserve status as stipulated in Clause 1

Article 28.

1. Chairman Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).of the People's Committee at the district level shall call for centralized training for reserve officers holding positions from Battalion Commander of reserve mobilization units downwards and other reserve officers with ranks below Lieutenant Colonel.

1. Loans from local government bonds are recorded as revenue in the provincial budget to fund approved projects. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).of the People's Committee at the provincial level shall call for centralized training for reserve officers holding positions from Deputy Regiment Commander of reserve mobilization units upwards and other reserve officers with ranks from Colonel upwards.

3. Minister of relevant Ministries shall call for centralized training for reserve officers belonging to reserve mobilization units assigned to the Ministry to organize construction.

Section 3. TRANSFER H,TO RESERVIST OFFICER REGISTRATION AND MANAGEMENT

Article 29. When reserve officers reach the end of their first reserve category age as prescribed in Clause 1 Article 13 of the Officer Law in 1999 provides that the military agency at the district level shall handle the procedures to request the competent authority to issue a decision to transfer to reserve category 2 and notify the reserve officer thereof.

Article 30.7. Organization Department, The military agency at the district level shall handle the procedures to request the competent authority to issue a decision to remove the rank of reserve officer in the following cases:

1. Reserve officers have reached the age limit for reserve category 2 as stipulated in Clause 1 of Article 13 of the Officer Law in 1999;

2. Reserve officers do not meet the criteria for officers and do not meet the health conditions for being called up for active service;

3. Reserve officers must serve a prison sentence, leave the country illegally, or reside 3. When they no longer fall under the provisions of Clause 2 of this Article, the registration of reserve officers will be reviewed and decided by the competent authority on a case-by-case basis according to the guidance of the Ministry.

Article 31.

1. The authority to decide on transferring categories and removing ranks for reserve officers is as follows:

a) The Provincial Military Commander and the City Military Commander under the Central Government decides on transferring categories and removing ranks for reserve officers of the rank of Lieutenant;

b) The Commander of the Military Region decides on transferring categories and removing ranks for reserve officers of the rank of Major and Lieutenant Colonel;

c) The authority to decide on transferring categories and removing ranks for reserve officers of other ranks is decided by the Ministry Ministry of Science and Technology of National Defense or reported to the competent authority for decision.

2. The review and decision on transferring categories and removing ranks for reserve officers are conducted annually by the Ministry 2. Military authorities at all levels implement statistical and reporting systems on reserve officers according to the guidance of the Ministry of National Defense.

Chapter IV

OF APPOINTMENT, REMOVAL FROM OFFICE, BESTOWAL AND PROMOTION OF MILITARY RANKS, CALLING UP RESERVE OFFICERS FOR ACTIVE SERVICE OR STRENGTHENING THE STANDING FORCES BEFORE REACHING THE LEVEL OF PARTIAL MOBILIZATION

Section 1. OF APPOINTMENT, REMOVAL FROM OFFICE, BESTOWAL AND PROMOTION OF MILITARY RANKS FOR RESERVE OFFICERS

Article 32.

1. Reserve officers are appointed to positions based on the establishment requirements of the reserve mobilization unit. Based on the standards prescribed for each position, the work process, and the results of training for reserve officers, they are considered for appointment.

2. The removal from office of reserve officers is carried out in the following cases:

a) A reserve officer of category 2 who is currently holding a position has been replaced by a reserve officer of category 1 who meets the appointment criteria and conditions,

b) When changing the reserve mobilization unit, there is no longer a need for the position held by the reserve officer,

c) The reserve officer no longer meets the criteria and conditions for the current position,

d) When a reserve officer receives a decision to remove their rank, they are automatically removed from their position.

3. Reserve officers who violate laws, military discipline, or the moral qualities of a revolutionary cadre will be disciplined with demotion or removal from office according to the regulations of the Ministry Ministry of Science and Technology 1. Prosecutors of the Military Procuracy shall be appointed in accordance with the provisions of the law to perform the duties of public prosecution and supervision over judicial activities in the military forces:

Article 33.

1. Reserve officers meeting the following criteria may be considered for promotion in rank:

c) Organize and manage the unit according to the Charter of Organization and Operation approved by the General Director of the Company and the Company's classified management system; good political and moral qualities, possessing the required knowledge and capabilities for the position held; during the period for considering promotion, they comply with regulations on registration, management, training, daily activities, and mobilization orders;

b) The position held in the reserve mobilization unit requires a higher rank than the current rank;

c) Meeting the time requirement for considering promotion of reserve officers as stipulated in Clause 4 of Article 41 of the Officer Law in 1999.

2. Reserve officers who have research works, valuable initiatives serving national defense or outstanding achievements, courageous actions in protecting political security, social order and safety, disaster prevention and control, if awarded medals, may be considered for promotion before the regular term. 3. Reserve officers who violate laws, military discipline, or the moral qualities of a revolutionary cadre will be disciplined with demotion in rank or revocation of reserve officer status according to the regulations of the Ministry

1. The authority to decide on appointment to positions, bestowal, and promotion of reserve officers' ranks is implemented as follows: Ministry of Science and Technology 1. Prosecutors of the Military Procuracy shall be appointed in accordance with the provisions of the law to perform the duties of public prosecution and supervision over judicial activities in the military forces:

Article 34.

a) The Provincial Military Commander and the City Military Commander under the Central Government decide on appointments for reserve officers holding positions from Deputy Battalion Commander and equivalent downwards, and promotion of reserve officers' ranks of the Lieutenant grade;

b) The Commander of the Military Region decides on appointments for reserve officers holding positions from Battalion Commander to Regiment Commander and equivalent, and promotion of reserve officers' ranks of the Major and Lieutenant Colonel grades;

c) The authority to decide on appointments and promotions of reserve officers' ranks of remaining positions is decided by the Ministry

of National Defense or reported to the competent authority for decision; Ministry of Science and Technology d) The authority deciding on appointments and promotions to which positions and ranks also has the authority to decide on removals from office, demotions, removals from office, revocation of reserve officer status, and demotions in rank for reserve officers to those positions and ranks.

2. Before making decisions on appointments, removals from office, or promotions, the competent authority must seek opinions from the reserve officers' superiors, local authorities where the reserve officers usually reside, or organizations

where the reserve officers work, and discuss with units receiving reserve officers. 3. The review and decision on appointments, removals from office, and promotions of reserve officers are conducted annually by the Ministry

of National Defense guidance. CALLING UP RESERVE OFFICERS FOR ACTIVE SERVICE OR STRENGTHENING THE STANDING FORCES BEFORE REACHING THE LEVEL OF PARTIAL MOBILIZATION

Section 2. 1. During wartime, calling up reserve officers for active service to supplement the standing forces is implemented according to the provisions of Point b, Clause 2, Article 40 of the Officer Law in 1999.

Article 35.

2. In peacetime, based on the targets set by the Prime Minister, the Ministry

of National Defense decides to call up reserve officers who have not yet served in active duty for active service; after two years, it decides to end their active service and continue their reserve status. If the military has a need and the reserve officers meet the criteria and conditions, they may be considered for transfer to active duty officer status or professional military personnel or defense civil servants. Ministry of Science and Technology The authority to call up reserve officers to perform tasks to strengthen the standing forces before reaching the level of partial mobilization is implemented according to Decree No. 25/1998/NĐ-CP dated May 5, 1998, and related legal documents.

Article 361. Agencies and organizations are responsible for implementing the call-up orders for reserve officers at

Article 37.

their own agencies and units and ensuring all necessary conditions for reserve officers to comply with the call-up orders. 2. Upon receiving orders to report for active service or to strengthen the standing forces before reaching the level of partial mobilization, reserve officers must appear at the designated time and place and carry their reserve officer cards.

REGIME AND POLICY FOR RESERVE OFFICERS

Chapter V

REGIME AND POLICY FOR RESERVE OFFICERS

Article 38.

1. Reserve sub-officers of Class I and civil servants receiving salaries from the state budget during reserve officer training shall be provided with daily meals as cadets undergoing platoon-level reserve officer training; they shall enjoy benefits and policies as prescribed for reserve military personnel during concentrated training sessions as stipulated in Article 23 of Decree No. 39/CP dated April 28, 1997 detailing and guiding the implementation of certain provisions of the Ordinance on Reserve Mobilization Forces (hereinafter referred to as Decree No. 39/CP).

2. University graduates and students who have graduated from university and are not receiving salaries from the state budget, during their reserve officer training period, shall be provided with daily meals, loaned uniforms, and loaned or issued some living necessities as cadets undergoing platoon-level reserve officer training; they shall receive a monthly petty allowance equivalent to that of a Senior Sergeant; if they are injured, sick, or deceased, they shall enjoy benefits and policies as prescribed for reserve military personnel during concentrated training sessions as stipulated in Clause 6 of Article 23 of Decree No. 89/CP and related legal documents; upon graduation from university, such individuals may participate in civil service recruitment examinations and retain their examination results during their training period.

3. Reserve sub-officers who cease active service during their reserve officer training period shall be provided with daily meals as cadets undergoing platoon-level reserve officer training; they shall also receive an additional service allowance beyond the basic allowance as prescribed by current regulations for each rank.

Article 39.

1. Graduates of reserve officer training shall be granted reserve officer ranks as prescribed in Article 41 of the Officer Law 1999; they shall receive one month's salary according to their rank, and be given preferential points when participating in civil service recruitment examinations as if they were officers ceasing active service.

2. Reserve sub-officers who cease active service and complete reserve officer training, in addition to the benefits prescribed in Clause 1 of this Article, shall also enjoy benefits and policies for discharged reserve sub-officers.

Article 40.

1. Reserve officers holding command positions in reserve mobilization units shall receive a management responsibility allowance for their unit as prescribed in Article 25 of the Ordinance on Reserve Mobilization Forces dated August 27, 1996.

2. Reserve officers assigned to reserve mobilization units but not covered under Clause 1 of this Article shall receive a reserve officer allowance equal to 0.3 times the minimum wage every quarter.

3. Reserve officers registered in reserve positions but not yet assigned to reserve mobilization units shall receive a registration and concentration allowance for readiness to perform duties equal to 0.2 times the minimum wage every quarter.

Article 41During the period when reserve officers are performing reinforcement tasks for regular forces, concentrated training, they shall enjoy benefits and policies for reserve military personnel as prescribed in Article 28 and Article 24 of Decree No. 39/CP and related legal documents. The policies for reserve military personnel as prescribed in Article 28 and Article 24 of Decree No. 39/CP and related legal documents.

Article 42.

1. Reserve officers entering active service shall wear their existing rank insignia, be appointed to positions based on staffing needs, and enjoy all rights and benefits as active-duty officers of the same rank.

2. Reserve officers completing their active service period, if not transferred to permanent positions, shall be treated according to the policies for active-duty officers when ceasing active service.

Article 43.

1. Reserve officers serving in reserve positions who successfully complete their duties, upon leaving their position, may be considered for awards by the Ministry. Ministry of Science and Technology PREPARATION AND IMPLEMENTATION OF PEOPLE'S AIRDEFENSE WORK

2. In the event of the death of a reserve officer, the military authority at the district or commune level shall coordinate with local authorities, organizations, and the family to organize funeral arrangements in accordance with guidelines from the Ministry. 1. Prosecutors of the Military Procuracy shall be appointed in accordance with the provisions of the law to perform the duties of public prosecution and supervision over judicial activities in the military forces:

Chapter VI

EXPENSES TO ENSURE THE WORK OF RESERVE OFFICERS

Article 44 |||The state budget shall allocate funds to the Ministry of National Defense for the work of reserve officers, in accordance with the provisions of Article 27 of Decree No. 39/CP and the following items: Training of reserve officers

1. Organizations and individuals violating the Student and Trainee Residing Outside Work Regulations will be subject to disciplinary measures, administrative penalties, or criminal prosecution depending on the nature and degree of violation. 2. Paying responsibility allowances to reserve officers as prescribed in Article 40 of this Decree;

3. Organizing registration, management, activities, commendations, and visits for reserve officers; printing books, forms, and ensuring material supplies for the work of reserve officers

Training and professional development for reserve officer work, scientific research, and other related tasks

5. Develop plans for coordinating activities among Ministries, agencies equivalent to Ministries, government agencies, The state budget shall allocate funds to relevant Ministries for the work of reserve officers, in accordance with the provisions of Article 28 of Decree No. 39/CP and the following items:

Article 45 |||1. Selecting state civil servants and university graduates for reserve officer training; Organizing registration, management, and ensuring material supplies for the work of reserve officers

The provincial and district defense budgets shall allocate funds for the work of reserve officers, in accordance with the provisions of Articles 29 and 30 of Decree No. 39/CP and the following items:

2. The class organizes a meeting with the class teacher (or academic advisor, training advisor) participating, proceeding to review and approve the points of each student based on the agreement of more than half of the collective opinion of the class unit and must be accompanied by a record. Providing subsistence allowances to families of Class I reserve sub-officers attending reserve officer training;

Article 46 |||2. Selecting citizens for reserve officer training;

1. Conducting health checks for reserve officers;

4. Funding other tasks related to the registration and management of reserve officers.

4. Establishing and issuing economic-technicalnorms, product and service standards, wage rates in accordance with Stateprovisions. Organizations and individuals who achieve success in building and mobilizing reserve officers shall be commended in accordance with state regulations.

1. Individuals who evade, obstruct, or oppose the construction and mobilization of reserve officers shall be subject to administrative penalties or criminal prosecution depending on the nature and severity of the violation as prescribed by law.

Chapter VII

REWARD AND VIOLATION HANDLING

Article 47 |||2. Individuals who fail to fulfill their responsibilities causing damage in the construction and mobilization of reserve officers; those who abuse their positions or powers to violate regulations or cover up violations of this Decree shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation, and must compensate for any material losses in accordance with the law. This Decree shall take effect fifteen days after its signing date and shall replace Decree No. 153/HĐBT dated September 8, 1982 of the Council of Ministers regarding the system of reserve officers in the Vietnam People's Army.

Article 48.

The Ministry of National Defense shall lead and coordinate with relevant ministries, agencies at ministerial level, and government-affiliated agencies to guide and inspect the implementation of this Decree.

Ministers, heads of agencies at ministerial level, heads of government-affiliated agencies, Chairmen

Chapter VIII

IMPLEMENTING PROVISIONS

Article 49. This Decree shall take effect 15 days after its signing date and shall replace Decree No. 153/HĐBT dated September 8, 1982 of the Council of Ministers on the regime of reserve officers of the Vietnam People's Army. . The Ministry

Article 50of National Defense shall take the lead and coordinate with relevant Ministries, ministerial-level agencies, and government agencies to guide and inspect the implementation of this Decree. . Ministers

Article 51, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of People's Committees Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).Provincial People's Committees under the Central Government are responsible for implementing this Decree./.