Law Amending and Supplementing Certain Articles of the Officer Law of the Vietnam People's Army No. 72/2014/QH13

LAW

Amending and supplementing certain Articles of the Law on

Officers of the Vietnam People's Army

Based on the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law amending and supplementing certain Articles of the Law on officers of the Vietnam People's Army No. 16/1999/QH10 which has been amended and supplemented by certain Articles pursuant to Law No. 19/2008/QH12.

Article 1

Amending and supplementing certain Articles of the Law on officers of the Vietnam People's Army:

1. Amend and supplement Article 11 as follows:

"Article 11. Positions of officers

1. Basic positions of military officers include:

a) Minister of National Defense;

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

c) Director of General Department, Chief of General Department, Political Commissar of General Department;

d) Commander of Military Region, Political Commissar of Military Region; Commander of Military Branch, Political Commissar of Military Branch; Commander of Border Guard Force, Political Commissar of Border Guard Force;

đ) Commander of Army Corps, Political Commissar of Army Corps; Commander of Service Branch, Political Commissar of Service Branch; Commander of Naval Zone, Political Commissar of Naval Zone;

e) Division Commander, Political Commissar of Division; Commander of Provincial Military Command, Political Commissar of Provincial Military Command (hereinafter referred to as provincial level); Commander of Provincial Border Guard Command, Political Commissar of Provincial Border Guard Command;

g) Regiment Commander, Political Commissar of Regiment;

h) Brigade Commander, Political Commissar of Brigade; Commander of District Military Command, Political Commissar of District Military Command (hereinafter referred to as district level);

i) Battalion Commander, Political Commissar of Battalion;

k) Company Commander, Political Commissar of Company;

l) Platoon Commander.

2. Positions and titles equivalent to those specified in Points c, d, and đ Clause 1 of this Article shall be prescribed by the Government; positions and titles equivalent to those specified in Points e, g, h, i, k, and l Clause 1 of this Article shall be prescribed by the Minister of National Defense.”

2. Amend Clause 3 of Article 13 as follows:

"3. The maximum age limit for officers holding command and management positions as specified in Points đ, e, g, h, i, k, and l Clause 1 of this Law shall be prescribed by the Minister of National Defense but shall not exceed the maximum age limit for officers as specified in Clause 1 of this Article."

3. Amend and supplement Article 15 as follows:

"Article 15. Highest rank corresponding to the position of officer

1. The highest rank corresponding to the position of officer is prescribed as follows:

a) General:

Minister of National Defense;

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

b) Lieutenant General, Admiral:

Deputy Minister of National Defense with the highest rank being Lieutenant General, Admiral not exceeding six;

Deputy Chief of the General Staff, Deputy Director of the Political General Department: each position with the highest rank being Lieutenant General not exceeding three;

Director, Political Commissar of the National Defense Academy;

c) Major General, Vice Admiral:

Commander, Political Commissar: Military Region, Military Branch, Border Guard Force; Director of General Department, Chief of General Department, Political Commissar of General Department; Director of the State Cryptographic Administration;

Commander, Political Commissar of the Capital Military Command: Hanoi, Ho Chi Minh City, Vietnam Coast Guard;

Director, Political Commissar of academies: Army, Political, Military Engineering, Logistics, Medical;

Principal, Political Commissar of officer schools: Army I, Army II, Political;

Deputy Director of the National Defense Academy with the highest rank being Major General not exceeding three; Deputy Political Commissar of the National Defense Academy with the highest rank being Major General being one;

Director of bureaus: Operations, Training, Military Forces, Militia and Self-Defense, Organization, Cadres, Propaganda, Schools, Electronic Warfare, Information Technology, Rescue and Relief, Foreign Affairs;

Inspector General of the Ministry of National Defense; President of the Central Military Court is Deputy President of the Supreme People's Court; Prosecutor of the Central Military Procuracy is Deputy Prosecutor of the Supreme People's Procuracy;

Secretary-General of the Central Military Commission - Office of the Ministry of National Defense;

Director of the Institute of National Defense Strategy;

Director of the Central Military Hospital 108;

d) Brigadier General, Rear Admiral:

Commander, Political Commissar: Army Corps, Service Branch, Naval Zone, Coastal Guard Zone;

Director of bureaus: Military Security Protection, Military Science, Finance, Planning and Investment, Medical, Criminal Investigation, Standards - Measurement - Quality, Civilian Relations, Policy, Economy, Cryptography, Camp Management, Technical Management, Maps, Military Supplies, Fuel, Transportation, Armament, Vehicles - Machinery, Service Branch Engineering, Training and Education, Air Defense Artillery, Reconnaissance, Drug Prevention, Technical Management of Secretarial Business; bureaus 11, 12, 16, 25, and 71;

Director: Military Science and Technology Institute, Institute of Vietnamese Military History, Institute 26, Institute 70;

Director, Political Commissar of academies: Air Defense - Air Force, Navy, Border Guard, Military Science;

Director of the Cryptographic Engineering Institute;

Commander of National Defense-Economic Troops: 11, 12, 15, 16, and 18;

Commander, Political Commissar of the Presidential Guard Command;

Political Director: Military Region, Military Branch, Border Guard Force, National Defense Academy, General Staff, Logistics General Department, Engineering General Department, Defense Industry General Department, General Department II; Director of the Political Bureau under the General Political Department;

One Deputy Chief of Staff is Secretary or Deputy Secretary of the Party Committee of the Military Region, Military Branch, Border Guard Force;

One Deputy Political Director is Secretary or Deputy Secretary of the Party Committee of the Political Bureau of the Military Region, Military Branch, Border Guard Force;

Editor-in-Chief of the People's Army Newspaper, Editor-in-Chief of the National Defense Quarterly Magazine;

Director of the Military Radio and Television Center;

General Director, one Deputy General Director is Secretary of the Party Committee of the Military Telecommunications Group;

General Director of the Vietnam-Russia Tropical Center;

Director: Hospital 175, Hospital 103, Military Traditional Medicine Institute, National Burn Institute;

Director of departments under the National Defense Academy: Marxist-Leninist Theory; Party Work, Political Work; Strategy; Campaign;

Assistant Minister of National Defense, Head of Legal Department, Secretary-General of the General Staff Office, Secretary-General of the General Political Department Office;

The deputy positions of the head prescribed in point c of this clause have the highest rank as follows: for the Political Commissar, one; for the Director-General of the General Department, the General Department Head, the Military Region Commander, not more than four; for the Service Branch Commander, not more than six; for the Border Guard Commander, not more than five; for the Operations Bureau Chief, the Training Bureau Chief, not more than three; for the Academy of Military Command Directors, the Political Academy Directors, the Military Technical Academy Directors, the Logistics Academy Directors, the Medical Academy Directors, not more than three; for the First Military Academy Directors, the Second Military Academy Directors, the Political Academy Directors, not more than three; for the Government Cryptographic Bureau Chief, the Hanoi Capital Military Command Commander, the Ho Chi Minh City Military Command Commander, the Vietnam Coast Guard Command Commander, the Ministry of National Defense Inspectorate Chief, not more than three; for the Military Affairs Bureau Chief, the Militia Self-Defense Forces Bureau Chief, the Organization Bureau Chief, the Cadre Bureau Chief, the Propaganda Bureau Chief, the School Bureau Chief, the Electronic Warfare Bureau Chief, the Information Technology Bureau Chief, the Rescue and Relief Bureau Chief, the Foreign Affairs Bureau Chief, the Central Military Court President, the Central Military Prosecutor, the Central Military Commission Office - Ministry of National Defense Office Director, the National Defense Strategy Institute Director, not more than two; for the Central Military Hospital 108 Director, one;

d) Colonel:

Division Commander, Division Political Commissar; Provincial Military Command Commander, Provincial Military Command Political Commissar; Provincial Border Guard Command Commander, Provincial Border Guard Command Political Commissar;

Regiment Commander, Regiment Political Commissar;

e) Senior Colonel:

Brigade Commander, Brigade Political Commissar; County Military Command Commander, County Military Command Political Commissar;

g) Lieutenant Colonel:

Battalion Commander, Battalion Political Commissar;

h) Major:

Company Commander, Company Political Commissar;

i) Captain:

Platoon Leader.

2. Deputy Chiefs and specialized members of the Central Military Inspection Committee shall hold the rank of general according to the regulations of the competent authority.

3. Military officers seconded as Standing Members of the National Defense and Security Committee of the National Assembly or appointed to the position of General Department Head or equivalent shall hold the highest rank of Lieutenant General; military officers seconded as Deputy Chiefs of the National Defense and Security Committee of the National Assembly or appointed to the position of Deputy Minister or equivalent shall hold the highest rank of Major General; military officers seconded to higher positions shall be promoted to the rank of general according to the regulations of the competent authority.

4. The highest rank for the position and title of officer of newly established units that is the rank of general shall be decided by the Standing Committee of the National Assembly.

5. The highest rank for the position and title of officer that remains at the level of colonel and captain shall be regulated by the Minister of National Defense.

1. Individual issuance is the direct sale of government bonds to individual buyers or the selection of commercial banks, foreign bank branches as distribution agents and settlement agents for government bonds (hereinafter referred to as distribution agents) for individual buyers.

"Article 17. Promotion in rank for serving officers

1. Serving officers may be promoted in rank when they meet the following conditions:

a) Meeting the standards stipulated in Article 12 of this Law;

b) The current rank is lower than the highest rank prescribed for the position and title currently held;

c) Meeting the time limit for promotion in rank stipulated in Clause 2 of this Article.

2. The time limit for promotion in rank for serving officers is as follows:

From Colonel to Lieutenant General, Rear Admiral: minimum 4 years;

From Lieutenant General, Rear Admiral to Major General, Vice Admiral: minimum 4 years;

From Major General, Vice Admiral to Lieutenant General, Admiral: minimum 4 years;

From Lieutenant General, Admiral to General: minimum 4 years;

The time spent by officers studying at school shall be counted towards the time limit for promotion in rank.

3. The age of serving officers being considered for promotion from the rank of Colonel to Lieutenant General, Rear Admiral shall not exceed 57, with cases exceeding this age when required by the decision of the President of the State.

4. Serving officers who achieve outstanding achievements may be considered for promotion beyond their current rank, but not beyond the highest rank prescribed for the position and title currently held."

5. Amend and supplement Article 25 as follows:

"Article 25. Authority to decide on officers

1. The authority to appoint, dismiss, remove, confer, promote, demote, and strip ranks of officers is as follows:

a) The President of the State shall appoint, dismiss, and remove the Chief of the General Staff, the Director of the General Political Department; confer, promote, demote, and strip ranks of generals, Rear Admirals, Vice Admirals, Admirals;

b) The Prime Minister shall appoint, dismiss, and remove Deputy Ministers; Deputy Chief of the General Staff, Deputy Director of the General Political Department; Directors, Political Commissars of the National Defense Academy; Directors of General Departments, General Department Heads, Political Commissars of General Departments; Military Region Commanders, Political Commissars of Military Regions; Service Branch Commanders, Political Commissars of Service Branches; Border Guard Commanders, Political Commissars of the Border Guard; Vietnam Coast Guard Commanders, Political Commissars of the Vietnam Coast Guard; Chief of the Government Cryptographic Bureau, and other positions as prescribed by the competent authority;

c) The Minister of National Defense shall appoint, dismiss, and remove other positions and confer, promote, demote, and strip other ranks and increase pay for officers;

d) The appointment, dismissal, removal of positions within the Procuracy, Courts, and Enforcement Agencies in the military shall be carried out according to the provisions of the law.

2. The authority to decide on appointments up to a certain position also has the right to dismiss, remove, demote, extend the service period, transfer, second, assign lower positions, terminate service, change career tracks, and discharge reserve officers up to that position."

6. Add Article 25a after Article 25 as follows:

"Article 25a. Procedures and formalities for conferring, promoting, demoting, and stripping ranks of officers

1. The Prime Minister shall submit to the President of the State for conferring, promoting, demoting, and stripping ranks of generals, Rear Admirals, Vice Admirals, Admirals.

The promotion, demotion, and stripping of ranks of generals of military officers seconded as Standing Members of the National Defense and Security Committee shall be based on the proposal of the organization or unit where they are seconded and the Minister of National Defense.

2. The procedure for conferring, promoting, demoting, and stripping ranks for majors, captains, and increasing officers' salaries shall be prescribed by the Minister of National Defense.

7. Amend and supplement Clause 1 and Clause 7 of Article 31 as follows:

“1. The salary system and allowances shall be prescribed by the Government; the pay scale for officers shall be determined according to their positions, titles, and military ranks, which are consistent with the nature and tasks of the armed forces as a special labor sector; seniority allowances shall be calculated based on the current salary level and the time served in active duty. Officers shall enjoy allowances and subsidies similar to those for civil servants under the same working conditions and those with military-specific characteristics;”

“7. Shall enjoy housing allowances; shall benefit from social housing support policies and be guaranteed official housing in accordance with the provisions of the law.”

Article 2

This Law shall take effect from July 1, 2015.

Provisions concerning the conferment, promotion, demotion, and stripping of general ranks; appointment, dismissal, removal, and demotion of positions with the highest rank being general shall come into force from the date this Law is promulgated.

Article 3

The Government and competent authorities shall provide detailed regulations for the Articles and Clauses assigned in this Law.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the 8th session of the 13th term, on November 27, 2014./.