Joint Circular No. 35/2012/TTLT-BQP-BNV stipulates equivalent positions for commendation consideration for commanding and managing cadres with a history of dedication in the Vietnam People's Army.

CIRCULAR JOINT CIRCULAR

Regulations on Equivalent Positions for Award Consideration for Commanding and Managing Officers with a Record of Dedication to the Vietnam People's Army

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Pursuant to Directive No. 45-CT/TW dated July 22, 2010 of the Party Central Committee onJune 2024;Nghị quyết số 7 năm 2010 của Bộ Chính trị về Pursuant to the Law on Competition and Awards dated November 26, 2003 and the Law Amending and Supplementing Certain Provisions of the Law on Competition and Awards dated June 14, 2005;

Pursuant to the Law on Officers of the Vietnam People's Army dated December 21, 1999 and the Law Amending and Supplementing Certain Provisions of the Law on Officers of the Vietnam People's Army dated June 3, 2008;

Pursuant to Decree No. 42/2010/NĐ-CP dated April 15, 2010 of the Government detailing implementation of certain provisions of the Law on Competition and Awards and the Law Amending and Supplementing Certain Provisions of the Law on Competition and Awards;

Pursuant to Decree No. 104/2008/NĐ-CP dated September 16, 2008 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of National Defense; Decree No. 48/2008/NĐ-CP dated April 17, 2008 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairs; Decree No. 36/2010/NĐ-CP dated April 7, 2010 of the Government stipulating the system of equivalent positions and highest military ranks corresponding to officers of the Vietnam People's Army and key military and defense areas;

The Ministry of National Defense and the Ministry of Home Affairs issue this Joint Circular regulating equivalent positions for award consideration for commanding and managing officers with a record of dedication to the Vietnam People's Army.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates equivalent positions for award consideration for commanding and managing officers with a record of dedication to the Vietnam People's Army.

Article 2. Applicability

This Circular applies to officers, professional soldiers, and defense civil servants who have or are currently holding one of the positions equivalent to Deputy Regiment Commander or higher. Specifically:

1. Officers, professional soldiers, and defense civil servants who have or are currently holding one of the command and management positions in agencies or units equivalent to Deputy Regiment Commander or higher, have reached retirement age or retired, transferred work outside the Army, including cases where they have died or passed away, with outstanding contributions to the revolutionary cause of the Party and the nation and a record of dedication to the Vietnam People's Army but have not yet been awarded.

2. Military personnel who have been awarded according to Circular No. 38-TT/TW dated October 25, 1984 of the Secretariat of the Party Central Committee (Fifth Term) regarding the award of the Gold Star Medal, Ho Chi Minh Medal, Independence Medal (hereinafter referred to as Circular No. 38-TT/TW), meeting the criteria stipulated in Decree No. 42/2010/NĐ-CP dated April 15, 2010 of the Government detailing implementation of certain provisions of the Law on Competition and Awards and the Law Amending and Supplementing Certain Provisions of the Law on Competition and Awards (hereinafter referred to as Decree No. 42/2010/NĐ-CP).

Article 3. Principles and Basis for Determining Positions Eligible for Award Consideration

1. Principle of Ranking Equivalent Positions for Award Consideration

A person eligible for ranking equivalent positions for award consideration must be appointed to a command or management position in an agency or unit within the Vietnam People's Army by the competent authority responsible for managing cadres, ranked in the same group of positions, and receiving the same leadership position allowance as stipulated in Decree No. 36/2010/NĐ-CP dated April 7, 2010 of the Government stipulating the system of equivalent positions and highest military ranks corresponding to officers of the Vietnam People's Army and key military and defense areas (hereinafter referred to as Decree No. 36/2010/NĐ-CP) and Decree No. 42/2010/NĐ-CP.

2. Basis for Ranking Equivalent Positions for Award Consideration

a) The provisions issued together with Decision No. 67-QD/TW dated July 4, 2007 of the Party Central Committee on cadre management levels;

b) The Law on Officers of the Vietnam People's Army dated December 21, 1999 and the Law Amending and Supplementing Certain Provisions of the Law on Officers of the Vietnam People's Army dated June 3, 2008;

c) Decree No. 25/CP dated May 23, 1993 of the Government temporarily stipulating the new salary system for administrative and public service officials and armed forces personnel (hereinafter referred to as Decree No. 25/CP);

d) Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on the salary system for officials, civil servants, public service officials, and armed forces personnel (hereinafter referred to as Decree No. 204/2004/NĐ-CP);

e) Decree No. 76/2009/NĐ-CP dated September 15, 2009 of the Government amending and supplementing certain contents of Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government (hereinafter referred to as Decree No. 76/2009/NĐ-CP);

g) Decree No. 36/2010/NĐ-CP dated April 7, 2010 of the Government;

h) Decision No. 64/2011/QĐ-TTg dated April 29, 2011 of the Prime Minister on the equivalent positions with the highest military rank being General for officers of the Vietnam People's Army;

i) Circular No. 4921-CV/BTCTW dated October 27, 2008 of the Organization Department of the Party Central Committee guiding equivalent positions for award consideration with the highest form of award being the General rank for officers of the Vietnam People's Army;

Article 4. Principles for Award Consideration

1. The consideration for awards for officials with a period of dedication shall be reviewed once at the end of their service period (before retirement) with the highest form of award corresponding to their position as stipulated in the Law on Competition and Awards 2003.

2. Officials who have been awarded the Independence Order according to Circular No. 38-TT/TW and continue to serve and hold positions in the Military, if they meet the criteria for awards as prescribed in Decree No. 42/2010/NĐ-CP, will continue to be considered for awards; the form and level of the award may be higher, equal, or lower than the previous award according to Circular No. 38-TT/TW.

3. Cases that have been awarded according to Circular No. 38-TT/TW, then retired, sacrificed, or deceased, now compared to the criteria stipulated in Decree No. 42/2010/NĐ-CP, if they meet the criteria for a higher level of award than previously received, will be considered for adjustment to a suitable higher level of award; if only meeting the criteria for the previously awarded level, no further award will be proposed.

4. For officials who have served in the Vietnam People's Army and then transferred to work outside the Military, when considering awards for their dedication period, the time spent holding positions in the Vietnam People's Army will be taken into account.

5. Consideration for awards for cases involving disciplinary violations

a) No award shall be given to individuals disciplined with expulsion from the Party; forced to leave their job; stripped of military rank; stripped of officer rank or professional military rank; sentenced to non-custodial reformatory punishment or higher.

b) One level lower award shall be given to individuals disciplined with probationary suspension from the Party; expelled from the Party but later readmitted; or punished with one of the following disciplinary measures: demotion in rank, reduction in pay grade, removal from office, demotion in position, warning.

c) No award shall be considered for cases currently under disciplinary review; where judicial organs are conducting investigations or complaints and accusations have not yet been verified and processed according to the law on complaints and accusations.

d) Disciplinary measures are counted from the time of assuming command or management positions until the time of award consideration. Each individual's disciplinary measure is only considered once for each award form (if the disciplinary measure was considered in the previous award, it will not be considered again in subsequent award reviews).

Article 5. Authority to Propose Awards

1. For officials currently serving, the unit directly managing them shall consider and prepare documentation to submit to higher authorities within the military organizational system.

2. For officials who have retired, sacrificed, or passed away, the local military authority at the district level or higher shall be responsible for reviewing and preparing documentation to propose awards, submitting to higher authorities within the military organizational system.

3. Heads of units subordinate to the Ministry of National Defense shall review and submit to the Minister of National Defense (through the Propaganda Department of the Political General Department).

4. For officials who have transferred to work outside the Military, the agency or unit managing them during their service period shall be responsible for confirming their service period and time holding positions in the Military before retirement to process the submission for awards.

Chapter II

EQUIVALENT TITLES FOR AWARD CONSIDERATION

Section 1

EQUIVALENT TITLES FOR CONSIDERING AWARDS WITH THE GOLD STAR ORDER, HCM ORDER, AND INDEPENDENCE ORDER

GOLD STAR ORDER, HCM ORDER, INDEPENDENCE ORDER

Article 6. Positions eligible for commendation forms equivalent to the position of Minister or Head of Central Party Department

1. Director of the General Political Department of the Vietnam People's Army; Chief of the General Staff of the Vietnam People's Army;

2. Officers holding the rank of General or Lieutenant General.

Article 7. Positions eligible for commendation forms equivalent to the position of Deputy Minister or Deputy Head of Central Party Department

1. Deputy Director of the General Political Department of the Vietnam People's Army; Deputy Chief of the General Staff of the Vietnam People's Army;

2. Directors, Political Commissars (Deputy Directors for Politics) of the following departments: Logistics, Engineering, National Defense Industry; Chiefs, Political Commissars of the Intelligence Department;

3. Political Commissars, Directors of the National Defense Academy; Commanders, Political Commissars (Deputy Commanders for Politics) of Military Regions, Military Services, Border Guard Forces.

Section 2

EQUIVALENT TITLES FOR CONSIDERING AWARDS WITH THE GOLD STAR ORDER, HCM ORDER, AND INDEPENDENCE ORDER

MILITARY MERIT BADGES FOR NATIONAL DEFENSE

Article 8. Positions eligible for commendation forms equivalent to the position of Minister

1. Director of the General Political Department of the Vietnam People's Army; Chief of the General Staff of the Vietnam People's Army;

2. Deputy Minister of National Defense;

3. Officers holding the rank of General or Lieutenant General.

Article 9. Positions eligible for commendation forms equivalent to the position of Commander of Military Region

1. Deputy Director of the General Political Department of the Vietnam People's Army; Deputy Chief of the General Staff of the Vietnam People's Army;

2. Directors, Political Commissars (Deputy Directors for Politics) of the following departments: Logistics, Engineering, National Defense Industry; Commanders, Political Commissars (Deputy Commanders for Politics) of Military Services, Border Guard Forces; Political Commissars (Deputy Commanders for Politics) of Military Regions;

3. Inspector General of the Ministry of National Defense, Deputy Secretary of the Central Military Commission Inspection Committee, Chief of the Intelligence Department, Political Commissar of the Intelligence Department, Director of the State Cryptographic Administration, Director of the National Defense Academy, Political Commissars (Deputy Directors for Politics) of the National Defense Academy;

4. Other positions belonging to Group 3, receiving leadership position allowance at a rate of 1.25 as stipulated in Decree No. 76/2009/ND-CP or 1.20 as stipulated in Decree No. 204/2004/ND-CP or 1.00 as stipulated in Decree No. 25/CP.

Article 10. Positions eligible for commendation forms equivalent to the position of Commander of Military Corps

1. Deputy Commanders, Deputy Political Commissars of Military Regions, Military Services, Border Guard Forces; Political Commissars (Deputy Commanders for Politics) of Military Corps; Commanders, Political Commissars (Deputy Commanders for Politics) of Military Branches; Commanders, Political Commissars of the Hanoi Capital Military Command;

2. Director of the Central Military Commission Office - Ministry of National Defense Office; Heads of the following Departments: Finance, Foreign Affairs, Planning and Investment, Criminal Investigation, Operations, Military Force, Training, Militia and Self-Defense, Electronic Warfare, Information Technology, Rescue and Relief, Organization, Cadres, Propaganda, Security, Medical Services;

3. President of the Central Military Court, Prosecutor of the Central Military Procuracy; Heads, Political Commissars of the Vietnam Coast Guard Department; Presidents, Political Commissars of the Institute of Science and Technology, Institute of Defense Strategy, Institute of Military History; Directors, Political Commissars (Deputy Directors for Politics) of the Central Military Hospital 108;

4. Directors, Political Commissars (Deputy Directors for Politics) of the following Academies: Infantry, Politics, Logistics, Medical Services, Military Engineering; Deputy Directors, Deputy Political Commissars of the National Defense Academy; Principals, Political Commissars (Deputy Principals for Politics) of the following Schools: Infantry Officer 1, Infantry Officer 2, Political Officer;

5. Members of the Central Military Commission Inspection Committee; Heads of the following Departments: Standards - Measurement - Quality, Science and Technology - Environment, Mass Mobilization; Political Commissars of the following Departments: Training, Electronic Warfare, Security, Medical Services; Commanders, Political Commissars of the Presidential Guard Command; Directors, Political Commissars of the following Academies: Navy, Air Defense - Air Force, Border Guard, Military Science; Editor-in-Chief of the People's Army Newspaper, Editor-in-Chief of the National Defense Quarterly Magazine, General Director of the Military Telecommunications Corporation;

6. Other positions belonging to Group 4, receiving leadership position allowance at a rate of 1.10 as stipulated in Decree No. 76/2009/ND-CP and Decree No. 204/2004/ND-CP or 0.90 as stipulated in Decree No. 25/CP.

Article 11. Positions eligible for commendation forms equivalent to the Deputy Chief of Staff of Military Region, Division Commander

1. Director: Economic Department, Cryptographic Department, Policy Department, Logistics Department, Technology Management Department, Enforcement Department,后勤保障部直属的总参谋部；国防学院训练与教育局；防空陆军局，隶属于防空-空军军种；侦察局、禁毒局、边防局，隶属于边防部队指挥部；

2. Director, Political Commissar: Mapping Department, Logistics Department, Transportation Department, Fuel Department, Armament Department, Motor Vehicle Department, Technical Department of Arms Corps;

3. Assistant member of the Politburo, Head of Legal Affairs Department; Chief of General Staff Office, Chief of General Political Department Office;

4. Chief of Staff: Logistics General Department, Technical General Department, National Defense Industry General Department, Intelligence General Department, Military Region, Military Branch, Border Guard Force;

5. Director of departments under the Government Cryptographic Agency: Department 893, Technical Management Department of Secret Code; Director of departments: Strategic Intelligence, Military Intelligence - Reconnaissance, Commandant of the 701 Coordination Center, Institute 70 Director, Institute 78 Director, Institute of International Defense Relations Director under the Intelligence General Department; Defense Attaché of Class 1 Defense Attaché Office;

6. Director of the Political Department (Political Chief) directly under the General Staff, General Political Department, Logistics General Department, Technical General Department, National Defense Industry General Department, Intelligence General Department, Military Region, Military Branch, Military Corps, Border Guard Force, National Defense Academy;

7. Deputy Chief of Staff, Deputy Director of the Political Department (Deputy Political Chief): Military Region, Military Branch, Military Corps, Border Guard Force;

8. Commander, Political Commissar (Deputy Commander for Political Affairs) of the Armed Group; Commander, Political Commissar of the City of Ho Chi Minh Defense Command; Commander, Political Commissar of the Naval Zone;

9. Deputy Commander, Deputy Political Commissar of the Ho Chi Minh Mausoleum Protection Defense Command; Director of Institute 69 under the Ho Chi Minh Mausoleum Protection Defense Command;

10. Director of the Cryptographic Engineering Academy; Principal, Political Commissar of Schools: Air Force Officer School, Artillery Officer School, Armored Officer School, Special Forces Officer School, Information Officer School, Chemical Officer School, Engineer Officer School, Military Technical Officer School, Military Cultural Arts University; Director: Military Science Information Center, Social Insurance of the Ministry of National Defense, Military Radio-Television Center, Military History Museum; Director, Political Commissar: Vietnam-Russia Thermal Center, Hospital 175, Hospital 103, Traditional Medicine Institute, National Burn Institute;

11. Commandant, Political Commissar (Deputy Commandant for Political Affairs): Provincial Military Command, Provincial Border Guard Command under the Central Government; Political Commissar of the Division (Deputy Division Commander for Political Affairs);

12. Other positions with position groups being group 5, group 6, enjoying leadership position allowances with coefficients from 1.00 to 0.90 as prescribed in Decree No. 76/2009/ND-CP and Decree No. 204/2004/ND-CP, or from 0.80 to 0.70 as prescribed in Decree No. 25/CP.

Article 12. Positions eligible for commendation forms equivalent to the Deputy Division Commander, Regiment Commander

1. Chief of Office, Party Committee Inspection Commissioner, Procurator of the Military Prosecution, President of the Military Court, Deputy Inspector-General of National Defense, Director, Political Commissar (Deputy Director for Political Affairs) of Military Hospital: Military Region, Military Branch, Border Guard Force; Commander, Political Commissar (Deputy Commander for Political Affairs) of Special Task Forces Battalions, Commandant, Political Commissar, Deputy Commandant of Technical Reconnaissance Centers under the Intelligence General Department;

3. Other positions with position groups being group 7, enjoying leadership position allowances with coefficient 0.80 as prescribed in Decree No. 76/2009/ND-CP and Decree No. 204/2004/ND-CP or coefficient 0.60 as prescribed in Decree No. 25/CP.

Article 13. Positions eligible for equivalent commendation forms to those of a Brigade Commander or Deputy Brigade Commander

1. Deputy Regiment Commander, Deputy Political Commissar of a Regiment;

2. County Military Command Chief, Political Officer (Deputy County Military Command Chief for Politics); Brigade Political Commissar (Deputy Brigade Commander for Politics);

3. Other positions shall be implemented according to the principle of equivalent position ranking and belong to Group 8, Group 9, enjoying leadership position allowances at a rate from 0.70 to 0.60 as stipulated in Decree No. 76/2009/NĐ-CP and Decree No. 204/2004/NĐ-CP or at a rate from 0.50 to 0.40 as stipulated in Decree No. 25/CP of the Government.

Chapter III

WORKING PERIOD AND TIME IN POSITIONS

Article 14. Calculation of working period

1. Those who participated in revolutionary activities since 1935 are considered individuals who have been involved in revolutionary activities since December 31, 1935 or earlier.

2. Individuals participating in revolutionary activities before January 1, 1945 are recognized by competent authorities as having joined revolutionary organizations before January 1, 1945; individuals admitted to the Indochinese Communist Party or re-admitted before August 19, 1945, recognized by competent authorities.

3. Individuals recognized as pre-war cadres are those who participated in revolutionary activities from January 1, 1945 to August 18, 1945, recognized by competent authorities.

4. Individuals participating continuously in two anti-French and anti-American resistance wars are those with continuous working periods from August 19, 1945 to April 30, 1975.

5. Individuals participating in the anti-French resistance period are those with continuous working periods from August 19, 1945 to July 20, 1954.

6. Individuals participating in the anti-American resistance period are those with continuous working periods from after July 20, 1954 to April 30, 1975.

7. Individuals participating in the period of building and defending the country are those who have worked from May 1, 1975 to the present.

Article 15. Calculation of time in positions

1. Within the period under consideration for commendation, if an individual holds multiple different positions, the highest position will be taken as the basis for applying the commendation criteria.

2. In cases where the time in the highest position is not sufficient to exceed the time spent studying, which is counted towards the time in position prior to study; if after returning from studies, the individual holds a lower position or does not hold a command or management position, the time spent studying will not be counted according to the previous position.

4. The calculation of time in position based on "tenure" is carried out according to the provisions of Decree No. 42/2010/NĐ-CP of the Government.

Specifically: 01 tenure is the time holding a position from 03 to 05 years; 02 tenures is the time holding a position from 08 to 10 years; 03 tenures is the time holding a position from 13 to 15 years. For party committees previously defined as 2.5 years/01 tenure, individuals working during that period are considered to have held 01 tenure.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 16. Effective Date

This Circular takes effect 45 days from the date of signature and replaces Circular No. 23/2009/TT-BQP dated May 25, 2009 of the Ministry of National Defense guiding equivalent positions for commendation during the process of dedication in the Vietnam People's Army.

Article 17. Implementation Organization

1. The Political Bureau directs, guides, and supervises units in implementation; heads of units throughout the army are responsible for implementing this Circular.

2. During the implementation process, if there are difficulties, units should report to the Political Bureau (through the Propaganda Department of the Political Bureau) for examination and resolution./.