Circular No. 279/2017/TT-BQP on the implementation of discharge from military service for non-commissioned officers and soldiers serving in the Vietnam People's Army.

CIRCULAR

Regulations on the implementation of discharge from military service for non-commissioned officers and conscripts serving in the Vietnam People's Army

serve in the People's Army

Pursuant to the Law on Military Service dated June 19, 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 promulgates this Circular regulating the implementation of discharge from military service for non-commissioned officers and conscripts serving in the Vietnam People's Army.

Article 1. Scope of Regulation

This Circular stipulates the form, dossier, authority to handle discharge for non-commissioned officers and conscripts serving in the regular forces of the Vietnam People's Army; responsibilities of agencies, units, organizations (hereinafter referred to as agencies and units) and related individuals.

Article 2. Applicability

This Circular applies to non-commissioned officers and conscripts serving in the regular forces of the People's Army; relevant agencies, units, and individuals.

Article 3. Discharge, method of calculating time served in military service

1. Discharge from military service for non-commissioned officers and conscripts means implementing the transfer out of the regular forces of the Vietnam People's Army into reserve ranks as prescribed in the Law on Military Service 2015.

2. Calculation of time served in military service for non-commissioned officers and conscripts shall be carried out in accordance with the provisions of Article 22 of the Law on Military Service 2015.

Article 4. Forms of discharge

1. Non-commissioned officers and conscripts are discharged at the correct term when they have served in the military for the duration as prescribed in Clause 1, Article 21 of the Law on Military Service 2015.

2. Non-commissioned officers and conscripts are discharged after the term when they have served in the military for the duration as prescribed in Clause 1 of this Article and have been decided by the Minister of National Defense to extend their term of service in accordance with Clause 2, Article 21 of the Law on Military Service 2015.

3. Non-commissioned officers and conscripts are discharged before the term if they meet one of the following conditions:

- Being the sole laborer directly supporting dependent relatives who are no longer capable of working or have not yet reached working age; in families suffering heavy losses in terms of personnel and property due to accidents, natural disasters, or dangerous epidemics, certified by the People's Committee of the commune.

- A child of a disabled veteran or a person affected by Agent Orange with reduced labor capacity from 61% to 80%;

- A child of a martyr or a first-class wounded veteran;

- A sibling of a martyr;

- A child of a second-class wounded veteran; a child of a disabled veteran with reduced labor capacity of 81% or more; a child of a person affected by Agent Orange with reduced labor capacity of 81% or more.

d) The Military Security Agency reports to the competent authority to decide that they do not meet the political standards as prescribed in Article 5 of Joint Circular No. 50/2016/TTLT-BQP-BCA dated April 15, 2016 of the Minister of National Defense and the Minister of Public Security on political standards for selecting citizens to be called up for military service in the Vietnam People's Army.

4. During the extended term of service in the military as prescribed in Clause 2 of this Article, if non-commissioned officers and conscripts encounter family difficulties or do not meet the health or political standards as prescribed in Points a, b, c, d, Clause 3 of this Article, then they will be granted discharge.

Article 5. Discharge Documents

1. In cases of discharge at the end of term and after the term, the documents include:

a) Military service record.

b) Military service health record.

c) Soldier's record.

d) Evaluation of work performance.

e) Other related documents (if any).

a) For non-commissioned officers and conscripts who have served in the military for at least one month but do not meet the conditions for military service, the discharge procedures shall be carried out in accordance with the provisions of Clause 1 of this Article (the discharge decision must clearly state the reason for discharge) and accompanied by one of the following documents:

- Health assessment report of the Health Assessment Board at division level and equivalent or higher, or medical examination report of the Medical Examination Board with competent authority concluding that they do not meet the health standards for military service as prescribed in Point a, Clause 3, Article 4 of this Circular.

- Certificate of the People's Committee of the commune and the Military Command Board of the district certifying that the family has difficult circumstances as prescribed in Point b, c, Clause 3, Article 4 of this Circular.

- Document of the competent authority concluding that they do not meet the political standards as prescribed in Point d, Clause 3, Article 4 of this Circular.

b) For non-commissioned officers and conscripts who have served in the military for less than one month and do not meet the conditions for military service, the commander of the unit at brigade level and equivalent or higher shall notify in writing and specify the reasons why they do not meet the conditions for military service, accompanied by the enlistment dossier returned to the district People's Committee where the conscription took place according to regulations.

Article 6. Authority to Process Discharge

1. The Minister of National Defense decides on the number and quantity of non-commissioned officers and soldiers to be discharged annually.

2. The commander of the regiment or equivalent unit decides on the discharge of non-commissioned officers and soldiers under their command.

3. The commander of the division or higher level reviews and approves cases of early discharge according to Clause 3, Article 4 of this Circular.

Article 7. Responsibilities of Agencies, Units, and Individuals

a) Implementing the discharge procedures for each non-commissioned officer and conscript under their command; organizing a farewell meeting before discharge; organizing a send-off ceremony and delivering the non-commissioned officer or conscript to the People's Committee of the commune where the non-commissioned officer or conscript returns to the locality according to regulations.

b) Notifying the time of discharge thirty days in advance to the non-commissioned officer or conscript and the People's Committee of the commune or the agency, organization where the non-commissioned officer or conscript returns to the locality.

5. Within fifteen working days from the date non-commissioned officers and soldiers receive the discharge decision, they must directly register for service in the reserve cadre at the Military Command of the commune.

Article 8. Effective Date

This Circular takes effect from December 15, 2017, and replaces Circular No. 11/2012/TT-BQP dated February 20, 2012, issued by the Minister of National Defense, regarding the implementation of discharge for non-commissioned officers and soldiers serving in the Vietnam People's Army.

Article 9. Responsibility for implementation

The Chief of General Staff, commanders of agencies, units, and individuals concerned are responsible for implementing this Circular./.