Law on Military Officers of the People's Army No. 6-LCT/HĐNN7

LAW

ON OFFICERS OF THE PEOPLE'S ARMED FORCES OF VIET NAM

To contribute to building a regular and modern People's Armed Forces, to strengthen national defense, and ensure the successful completion of tasks to protect and build the socialist Fatherland of Viet Nam;

To define responsibilities, enhance combat will, organizational capacity, and discipline of officers of the People's Armed Forces of Viet Nam;

Pursuant to Article 51 and Article 83 of the Constitution of the Socialist Republic of Viet Nam;

This Law stipulates on officers of the People's Armed Forces of Viet Nam.

PART I

GENERAL PROVISIONS

Article 1

Officers of the People's Armed Forces of Viet Nam are military cadres conferred with ranks of General, Colonel, and Lieutenant Colonel by the State.

Article 2

Officers of the People's Armed Forces include:

1- Command and staff officers,

2- Political officers,

3- Logistics and finance officers,

4- Technical officers,

5- Military and veterinary medical officers,

6- Military justice officers,

7- Administrative officers.

Article 3

Officers of the People's Armed Forces are divided into two categories: active duty officers and reserve officers.

Article 4

Citizens of the Socialist Republic of Viet Nam who meet the standards for politics, culture, health, age, and have the ability to work in the military field may be trained as officers.

Article 5

The following persons are selected to supplement the cadre of active duty officers:

Graduates from officer training schools,

Non-commissioned officers who perform their duties well in combat,

Military personnel with specialized technical work experience who have graduated from university,

Cadres from other sectors outside the military and serving in the military appointed to hold officer positions,

Reserve officers.

Article 6

Officers have the rights and obligations of citizens as prescribed in the Constitution and laws of the Socialist Republic of Viet Nam.

PART II

RANKS AND POSITIONS OF OFFICERS

, Clause 1, Clause 2 Article 7a of this Regulation.

The system of officer ranks of the People's Armed Forces of Viet Nam is prescribed as follows:

1- The General rank has 4 grades:

Grand General,

Senior General, Admiral of the Navy,

Major General, Vice Admiral of the Navy,

Lieutenant General, Rear Admiral of the Navy.

2- The Colonel rank has 3 grades:

Senior Colonel,

Major Colonel,

Lieutenant Colonel.

3- The Lieutenant Colonel rank has 4 grades:

Senior Lieutenant Colonel,

Senior Lieutenant,

Captain Lieutenant,

Junior Lieutenant.

Article 8

The examination and promotion of officer ranks must be based on the rank prescribed for each position, revolutionary qualities, work capacity, and time spent at the current grade.

Officers at each position or grade must complete the training program prescribed by the Minister of National Defense.

Article 9

The period for examining and promoting ranks is prescribed as follows:

From Junior Lieutenant to Captain Lieutenant: 2 years;

From Captain Lieutenant to Senior Lieutenant: 2 years;

From Senior Lieutenant to Senior Lieutenant Colonel: 3 years;

From Senior Lieutenant Colonel to Lieutenant Colonel: 4 years;

From Lieutenant Colonel to Major Colonel: 4 years;

From Major Colonel to Senior Colonel: 5 years;

The examination and promotion of General ranks are not subject to a time limit.

The time spent studying at school is counted towards the period for examining and promoting ranks.

During wartime, the period for examining and promoting ranks is shortened, as prescribed by the Council of Ministers.

Article 10

Officers who achieve outstanding results in combat, work, or those working in difficult and harsh places or performing special tasks and successfully fulfilling their assigned responsibilities may be examined and promoted before reaching the required period.

Article 11

If officers reach the period for examining and promoting ranks but do not meet the conditions, the examination period can be extended by up to one year; if they still do not meet the conditions, they will be transferred to the reserve category.

Article 12

The system of positions in the military is prescribed by the Council of Ministers based on the organization of the military in each stage and submitted to the State Council for approval.

Each position is prescribed two ranks.

Article 13

The appointment of officers to positions must be based on staffing needs, revolutionary qualities, work capacity, health, and field of study.

Article 14

The authority to appoint positions, confer, and promote ranks is prescribed as follows:

The State Council appoints positions of Chief of the General Staff, Director of the Political Department; confers and promotes ranks of Grand General, Senior General, and Admiral of the Navy.

The Chairman of the Council of Ministers appoints positions of Deputy Minister of National Defense, Deputy Chief of the General Staff, Deputy Director of the Political Department, Directors and Deputy Directors of other Departments, Chief Inspector and Deputy Chief Inspector of the military, Commanders and Deputy Commanders of military regions, corps, divisions, and equivalent positions; confers and promotes ranks of Major General, Vice Admiral of the Navy, Lieutenant General, and Rear Admiral of the Navy.

The Minister of National Defense appoints positions of Division Commander, Bureau Chief, and equivalent positions; confers and promotes ranks from Junior Lieutenant to Senior Colonel.

The level that has the authority to appoint positions and confer or promote ranks also has the authority to demote, reduce rank, remove from office, and revoke the rank of officers at that rank.

Article 15

The level that has the authority to appoint positions also has the authority to transfer officers holding those positions; the Minister of National Defense has the authority to transfer Deputy Commanders of military regions, corps, divisions, and equivalent positions.

Article 16

In emergency situations, officers holding positions from Brigade Commander upwards have the authority to suspend the position of officers under them and temporarily designate someone else to replace them, but must immediately report to the competent authority for review.

Article 17

Promotion or reduction of officer ranks, each time only one grade; in exceptional cases, multiple grades may be promoted or reduced.

Article 18

Officers may be assigned positions higher or lower than the prescribed rank.

Officers may be assigned positions lower than their rank in the following cases:

1- To strengthen command over units that require it;

2- Units reduce staffing or change organizational structure;

3- The capability or health of the officer does not meet the requirements of the current position.

Article 19

For officers who have been reduced in rank, the period for examining and promoting ranks starts from the date of reduction.

Officers who have been reduced in rank, if they progress or achieve outstanding results in combat or work, the period for examining and promoting ranks may be shortened compared to the period prescribed in Article 9.

Article 20

Active duty officers sent by the Ministry of National Defense to work in sectors outside the military are called detached officers.

Detached officers have the same obligations and benefits as officers in units. Regulations for detached officers are prescribed by the Council of Ministers.

Article 21

An officer with a higher rank is superior to an officer with a lower rank. In cases where an officer holds a position subordinate to another officer with the same or lower rank, the officer holding the subordinate position is considered junior.

Article 22

Officers under the command must conduct regular evaluations of officers under their authority in accordance with the content and format prescribed by the Minister of National Defense.

CHAPTER III

RESERVE OFFICERS

Article 23

Reserve officers consist of first-class reserve officers and second-class reserve officers, as defined in Article 32.

Officers who have reached the age limit for active service as stipulated in Article 32 or who do not meet the conditions for promotion as specified in Article 11 shall be transferred to the reserve rank.

Officers who have reached the age limit for second-class reserves or who are no longer fit for health reasons shall be relieved from the reserve rank.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country."

The transfer of active-duty officers to the reserve rank, the call-up of reserve officers for active duty, and the relief from the reserve rank for officers, depending on their rank, shall be decided by the authorities with jurisdiction as stated in Article 14.

Article 25

The following individuals who have completed the reserve officer training program shall be considered for commissioning and registration in the reserve ranks:

1- Discharged non-commissioned officers,

2- University and college graduates,

3- Civil servants from other sectors necessary for military work.

Article 26

The rights to confer, promote, demote, or revoke ranks for reserve officers shall be applied similarly to those for active-duty officers, as provided in Article 14.

Article 27

Based on academic results and achievements in national defense service, reserve officers may be considered for rank promotion.

The period for considering rank promotion for reserve officers is longer than two years compared to the period specified for each rank of active-duty officers.

When reserve officers are called up for active duty, they will be considered for rank promotion based on the position appointed within the military.

Article 28

Reserve officers, when working or residing in a locality, must register at the local military authority and be subject to its management.

Article 29

During peacetime, reserve officers not serving on active duty may be called up for limited service in military units.

During wartime, reserve officers will be called up for military service according to the general mobilization order or partial mobilization order.

Article 30.

Reserve officers are required to attend military training courses as prescribed by the Minister of National Defense. The benefits during concentrated training periods are regulated by the Council of Ministers.

PART IV

OBLIGATIONS AND BENEFITS OF OFFICERS

Article 31

Officers have the obligation:

1- To be absolutely loyal to the country, people, and the Socialist Republic of Vietnam, to uphold revolutionary vigilance, fulfill assigned tasks and responsibilities well, and be ready to fight and sacrifice to firmly defend the socialist fatherland;

2- To set an example in implementing the Party's policies, state laws, military regulations, and enhance discipline among military personnel in units;

3- To respect the socialist collective ownership rights of the laboring people; resolutely protect socialist property and the lives and property of the people; promote democracy and maintain discipline in the military; care for the spiritual and material life of military personnel in units;

4- To continuously study, improve political, military, cultural, scientific, technical, professional, organizational leadership, and management skills, cultivate revolutionary qualities, and train physical fitness to fulfill assigned tasks well.

Article 32

Active-duty officers and reserve officers have the responsibility to serve in the military according to the age limits prescribed as follows:

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³ Rank ³ Age in Age in Age in

³ ³ Active Service ³ First-Class Reserve ³ Second-Class Reserve

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Sub-officer ³ 38 ³ 45 ³ 50 ³

Captain ³ 43 ³ 50 ³ 55

Major ³ 48 ³ 55 ³ 58

Lieutenant Colonel ³ 55 ³ 58 ³ 60 ³

Brigadier General and Rear Admiral ³

³ 60 ³ 63 ³ 65 ³

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For Major Generals and Vice Admirals and above, there is no age limit for service, but when health and capability do not permit them to undertake duties, retirement procedures will be implemented.

Article 33

Based on the needs of the military and the revolutionary qualities, capabilities, and health of officers, the Minister of National Defense has the right to extend the service age of officers from the rank of Colonel downwards. Each extension can be from one to three years, but not exceeding the age limit for first-class reserve officers; for officers engaged in scientific research and technology, it does not exceed the age limit for second-class reserve officers.

The extension of the service age for Lieutenants General and Rear Admirals is decided by the Council of Ministers.

Article 34

Officers with outstanding achievements in combat or work may be awarded medals, honors, or other forms of recognition.

Article 35

Officers who fail to comply with orders, fail to complete tasks, or commit errors or shortcomings shall be disciplined according to military regulations; if they commit crimes, they shall be prosecuted under the law.

Article 36

Officers whose ranks have been revoked may be considered for reappointment to a corresponding rank if they show improvement.

Article 37

Reserve officers who violate military discipline, state laws, or are unworthy of their current rank or the officer title shall be demoted or stripped of their officer rank.

The consideration for rank promotion for reserve officers who have been demoted shall be carried out according to the provisions of Article 19.

Article 38

Officers are entitled to annual leave according to the established regulations. In times of war or urgent situations, the Minister of National Defense may issue orders to suspend leave; all officers on leave must return to their units immediately.

Article 39

Officers are entitled to salary and allowances as prescribed by the Council of Ministers.

Article 40

Officers are encouraged and supported to develop their talents in all fields of scientific and technological activities and are conferred academic titles according to the common system of the state. Research works of value in military science, military technology, or general science and technology are appropriately recognized.

Article 41

Officers are cared for spiritually and materially by local authorities for their families, creating favorable conditions for officers to fulfill their tasks well.

Article 42 |||

Officers who have reached the age limit for active service but have not yet reached the retirement age shall be given priority for admission to schools or placement in state agencies and social organizations; in cases where this is not possible, if they have served continuously for twenty years, they shall be entitled to retirement benefits.

1. The "Labor Medal" second class shall be awarded or posthumously awarded to individuals meeting one of the following criteria:

Officers retiring or leaving due to loss of working capacity shall be given three months' notice to prepare and shall be provided with spiritual and material care in accordance with the relevant State regulations.

CHAPTER V

FINAL PROVISIONS

Article 44 |||

This Law replaces the Law on the Service System for Officers of the Vietnam People's Army dated April 29, 1958.

Article 45 |||

The Council of Ministers shall issue detailed regulations to implement this Law.

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, Seventh Session, Second Meeting, on December 30, 1981.