Law Amending and Supplementing Certain Articles of the Officer Law of the Vietnam People's Army Number 52/2024/QH15

LAW

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF THE LAW ON MILITARY OFFICERS OF THE VIETNAMESE PEOPLE'S ARMY

On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates this Law amending and supplementing certain articles of the Law on Military Officers of the Vietnamese People's Army No. 16/1999/QH10 which has been amended and supplemented by Laws No. 19/2008/QH12, No. 72/2014/QH13, and No. 48/2019/QH14.

Article 1. Amendments and supplements to certain articles of the Law on Military Officers of the Vietnamese People's Army

1. Amend and supplement Article 11 as follows:

"Article 11. Positions and titles of military officers

1. Basic positions of military officers include:

a) Minister of National Defense;

b) Chief of General Staff; Director of the Political Department;

c) Deputy Minister of National Defense;

d) Deputy Chief of General Staff; Deputy Director of the Political Department;

đ) Director of the General Department, General Department Head, Political Commissar of the General Department; Commander, Political Commissar: Military Region, Military Branch, Border Guard Corps, Corps;

e) Deputy Director of the General Department, Deputy General Department Head, Deputy Political Commissar of the General Department; Deputy Commander, Deputy Political Commissar: Military Region, Military Branch, Border Guard Corps, Corps;

g) Commander, Political Commissar: Service Branch, Naval Zone;

h) Deputy Commander, Deputy Political Commissar: Service Branch, Naval Zone;

i) Division Commander, Division Political Commissar; County Military Commandant, County Military Political Commissar; Border Guard Commandant, Border Guard Political Commissar at provincial level;

k) Deputy Division Commander, Deputy Division Political Commissar; Deputy County Military Commandant, Deputy County Military Political Commissar; Regiment Commander, Regiment Political Commissar;

l) Deputy Regiment Commander, Deputy Regiment Political Commissar; Battalion Commander, Battalion Political Commissar; County Military Commandant, County Military Political Officer;

m) Deputy Battalion Commander, Deputy Battalion Political Commissar; Deputy County Military Commandant, Deputy County Military Political Officer;

n) Company Commander, Company Political Officer;

o) Deputy Company Commander, Deputy Company Political Officer;

p) Platoon Commander, Platoon Political Officer;

q) Deputy Platoon Commander, Deputy Platoon Political Officer;

r) Squad Leader.

2. Positions and titles equivalent to those specified in Points đ, e, and g of Clause 1 of this Article shall be prescribed by the Government; positions and titles equivalent to those specified in Points h, i, k, l, m, n, o, p, q, and r of Clause 1 of this Article shall be prescribed by the Minister of National Defense."

2. Amend and supplement Article 13 as follows:

"Article 13. Maximum age for active service of military officers

1. Maximum age for active service according to rank:

Lieutenant: 50;

Captain: 52;

Major: 54;

Lieutenant Colonel: 56;

Colonel: 58;

General: 60.

2. When the army has a need, military officers who have sufficient political qualities, morality, capability, health, and voluntary willingness may be extended their active service age as stipulated in Clause 1 of this Article by up to five years; in special cases, it may be extended further according to the regulations of the Minister of National Defense.

3. The maximum age for military officers holding command positions of Corps as specified in Point đ, Point e, and command and management positions of units as specified in Points g, h, i, k, l, m, n, o, p, q, and r of Clause 1 of Article 11 of this Law shall be prescribed by the Minister of National Defense but shall not exceed the maximum age for active service of military officers as stipulated in Clause 1 of this Article."

3. Amend and supplement Article 15 as follows:

"Article 15. The highest military rank for officer positions and titles

1. The highest military rank for officer positions and titles shall be prescribed as follows:

a) General, with a maximum number of 03, including:

Minister of National Defense;

Chief of the General Staff;

Director of the Political General Department;

b) Lieutenant General, Admiral, with a maximum number of 14, including:

Deputy Minister of National Defense with the highest military rank being Lieutenant General or Admiral: a maximum number of 06;

Deputy Chief of the General Staff, Deputy Director of the Political General Department: a maximum number of 03 for each position;

Director, Political Commissar of the National Defense Academy;

c) Positions and titles with the highest military rank being Major General, Vice Admiral; Brigadier General, Rear Admiral: a maximum number of 398;

d) Positions and titles specified in points h, i, k, l, m, n, o, p, q, and r of Clause 1, Article 11 of this Law and equivalent positions and titles with the highest military rank being Colonel or Lieutenant Colonel.

2. Officers on secondment to the National Assembly's National Defense and Security Committee who hold the position of Director shall have the highest military rank of Lieutenant General; officers on secondment to the National Assembly's National Defense and Security Committee who are approved to hold the position of Deputy Director or appointed to the position of Deputy Minister or equivalent position shall have the highest military rank of Major General; officers on secondment to the National Assembly's National Defense and Security Committee who are approved to hold the position of Standing Member or appointed to the position of General Department Director or equivalent position shall have the highest military rank of Brigadier General.

3. For officers on secondment holding positions and titles higher than those specified in Clause 2 of this Article and in special cases, the highest military rank of General shall be conferred or promoted by the competent authority.

4. The Government shall specify positions with the highest military rank being Major General, Vice Admiral, Brigadier General, Rear Admiral and the highest military rank for officer positions and titles at newly established units, reorganized units, or units with additional functions and tasks but not exceeding the maximum number of General positions as decided by the competent authority.

5. The highest military rank for officer positions and titles being Colonel or Lieutenant Colonel shall be prescribed by the Minister of National Defense.

4. Amend and supplement Clause 3 and Clause 4 of Article 17 as follows:

“3. The age of officers under consideration for promotion from Colonel to Brigadier General or Rear Admiral must have at least three years of service remaining, in cases where there are less than three years remaining, the President shall decide.

4. Officers who achieve outstanding results may be considered for promotion beyond their current rank but not exceeding the highest military rank for the position and title they currently hold.

The Government shall specify detailed criteria and standards for considering promotion beyond the normal progression for General officers as provided in this clause. The Minister of National Defense shall specify detailed criteria and standards for considering promotion beyond the normal progression for Colonel and Lieutenant Colonel officers.”

5. Amend and supplement Article 18 as follows:

"Article 18. Promotion of military rank and advancement of pay for officers before the due time

1. Officers may be considered for promotion before the due time as stipulated in Clause 2 of Article 17 of this Law in the following circumstances:

a) In combat, achieving outstanding achievements or receiving commendations for work performance;

b) Fulfilling duties and responsibilities well while the current military rank is two ranks lower than the highest military rank prescribed for the position and title held or the current military rank is lower than the highest military rank prescribed for command and management positions.

2. Officers may be considered for advancement of pay before the due time if in combat, achieving outstanding achievements or receiving commendations for work performance.

3. The Government shall specify detailed criteria and standards for considering promotion before the due time for General officers as provided in Clause 1 of this Article. The Minister of National Defense shall specify detailed criteria and standards for considering promotion before the due time for Colonel and Lieutenant Colonel officers and advancement of pay for officers as provided in Clauses 1 and 2 of this Article."

6. Amend and supplement Clause 1 of Article 29 as follows:

"1. Performing duties, responsibilities, and enjoying rights and benefits like officers serving in the military; being guaranteed working and living conditions by the agency or organization to which they are seconded; upon completion of the secondment mission, being considered for appropriate job placement; in cases where the job placement is lower than the secondment position, retaining the benefits of the secondment position."

7. Supplement Clause 3 after Clause 2 of Article 32 as follows:

"3. Officers who cannot take annual leave due to mission requirements shall, in addition to salary, receive an amount equal to the salary for the days not taken off."

8. Amend and supplement Article 33 as follows:

"Article 33. Health care for officers and their dependents while on active duty

1. Officers on active duty shall be guaranteed health care; when injured, ill, pregnant, involved in accidents, or occupational risks, they shall be examined and treated at medical facilities in accordance with laws on health insurance and shall enjoy other health care benefits as prescribed by law.

2. The father, mother, or legal guardian; the father, mother, or legal guardian of the officer's spouse; the spouse; children under 18 years old who are biological or legally adopted children; biological or legally adopted children aged 18 or older who are still attending secondary school, if not covered by health insurance, shall be issued health insurance cards and shall be entitled to examination and treatment at medical facilities in accordance with laws on health insurance.

9. Supplement Clause 3 following Clause 2 of Article 36 as follows:

"3. If an officer has contributed to social insurance for 20 years or more upon reaching the highest age limit for active service as stipulated in Article 13 of this Law, they shall be eligible for retirement."

10. Supplement Point e following Point d of Clause 1 of Article 37 as follows:

"e) To enjoy welfare benefits for recuperation and care when suffering from serious illnesses, and information and funeral support services upon death, as prescribed by the Government."

11. Amend and supplement Article 38 as follows:

"Article 38. Age Limit for Reserve Officers

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

Commissioned Officer: 53;

Lieutenant Colonel: 55;

Major: 57;

Senior Colonel: 59;

Colonel: 61;

General: 63.

2. The highest age limit for the Head of the Military Command Board at the commune level shall be implemented in accordance with the Labor Code."

12. Amend and supplement some clauses of Article 41 as follows:

a) Amend and supplement Clause 1 as follows:

"1. Graduates of reserve officer training programs and graduates of training programs for Heads of Military Command Boards at the commune level in the basic military sector shall be conferred the rank of reserve officer based on their training level, academic performance, and discipline."

b) Add Clause 6 after Clause 5 as follows:

"6. The Minister of National Defense shall provide detailed regulations for Clauses 1, 2, and 5 of this Article."

13. Amend and supplement Clause 1 and Clause 2 of Article 46 as follows:

"1. The Government shall uniformly manage state affairs concerning officers; issue policies and regulations for officers on active duty transitioning to professional soldiers, defense civil servants as stipulated in Article 34, officers ceasing active service, and officers on active duty who have died or passed away as stipulated in Point b of Clause 1, Points b, c, and d of Clause 2, Point a of Clause 3, Clause 5, Clause 6, and Clause 7 of Article 37 of this Law; establish special mechanisms and policies regarding working conditions, environment, salary, bonuses, health care, and other policies to attract and utilize talent for the Army; prescribe special preferential policies for intelligence officers and individuals cooperating with intelligence forces under the Ministry of National Defense.

2. The Ministry of National Defense shall be responsible before the Government for managing state affairs concerning officers; take the lead and coordinate with ministries, agencies at the ministerial level, and provincial People's Committees to manage state affairs concerning officers; take the lead and coordinate with ministries, sectors, and provincial People's Committees to develop housing plans for people's armed forces under the management of the Ministry of National Defense."

14. Supplement Clause 5 following Clause 4 of Article 47 as follows:

"5. Allocate land from the fund designated for developing social housing in accordance with laws on housing and reclaim land in accordance with laws on land to transfer to the Ministry of National Defense as the main authority, deciding and approving investment proposals, selecting investors to implement social housing projects in accordance with laws on housing and other relevant laws suitable for the needs of the Ministry of National Defense."

15. Supplement, replace, and delete certain words and phrases as follows:

a) Add the word "position" after the word "rank" in Clause 2 of Article 12 and Point b of Clause 1 of Article 25;

b) Add the phrase "Commander, Political Commissar of the Cyber Warfare Command" after the phrase "Commander, Political Commissar of the Vietnam Coast Guard" in Point b of Clause 1 of Article 25;

c) Add the phrase "same job field" after the phrase "same working conditions" in Clause 1 of Article 31;

d) Add the phrase "housing policy" before the phrase "housing allowance" in Clause 7 of Article 31;

đ) Replace the word "residence registration" with the word "permanent residence" in Point d of Clause 1 of Article 37;

e) Replace the phrase "Government plan" with the phrase "Prime Minister's decision" in Article 40;

g) Delete the phrase "exempted from performing public service duties" in Clause 1 of Article 43.

Article 2. Amend and supplement some articles of the Law on People's Police No. 37/2018/QH14 which has been amended and supplemented by Laws No. 21/2023/QH15, No. 30/2023/QH15, and No. 38/2024/QH15.

1. Amend and supplement Article 25 as follows:

"Article 25. The highest rank for positions and titles of People's Police officers

1. The highest rank for positions of People's Police officers shall be prescribed as follows:

a) General: Minister of Public Security;

b) Lieutenant General, with a number not exceeding seven, including: Deputy Ministers of Public Security, with a number not exceeding six; People's Police officers on secondment holding the position of Chairman of the National Defense and Security Committee of the National Assembly;

c) Positions and titles with the highest rank being Major General and Colonel, with a number not exceeding 197.

2. The Government shall prescribe positions and titles with the highest rank being Major General and Colonel, criteria and standards for considering promotion to exceptional ranks for general ranks and the highest rank for positions and titles of officers at the general level of newly established units, reorganized units, and units with additional functions and tasks but not exceeding the maximum number of general positions as decided by the competent authority.

3. People's Police officers on secondment with positions and titles higher than those with the highest rank being Major General and Colonel, and special cases, shall have their promotion to general ranks decided by the competent authority.

4. The highest rank for positions and titles of officers at the colonel level and below shall be prescribed by the Minister of Public Security."

2. Amend and supplement Clause 2 of Article 29 as follows:

"2. People's Police officers on secondment shall enjoy benefits and policies as those serving in the People's Police. Promotion, demotion, and revocation of ranks for seconded officers shall be carried out as for officers serving in the People's Police, except as provided in Clause 1 of Article 27 of this Law.

When People's Police officers complete their secondment assignments, they shall be considered for equivalent positions; they shall retain the benefits of their secondment positions."

Article 3. Effectiveness

This Law takes effect from December 1, 2024.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the fifteenth session, eighth meeting, on November 28, 2024.