Decree No. 78/2020/NĐ-CP on reserve officers of the Vietnam People's Army

 

DECREE

On reserve officers of the Vietnam People's Army

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Officers of the Vietnam People's Army dated December 21, 1999; the Law Amending and Supplementing Certain Provisions of the Law on Officers of the Vietnam People's Army dated June 3, 2008; the Law Amending and Supplementing Certain Provisions of the Law on Officers of the Vietnam People's Army dated November 27, 2014;

On the basis of the Law on Reserve Mobilization Forces dated November 26, 2019;

"Based on the proposal of the Minister of National Defense;"

The Government issues this Decree on reserve officers of the Vietnam People's Army.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the recruitment, training of reserve officers; registration, management, training; arrangement, appointment, dismissal from office; demotion, removal from office; bestowal, promotion, demotion, deprivation of rank; discharge from reserve officer status; calling up reserve officers for active service.

Article 2. Applicability

1. Reserve officers, reserve non-commissioned officers; professional military personnel, non-commissioned officers preparing to leave active service.

2. Officers, officials who are professional military personnel when they cease active service and meet the criteria and conditions for reserve officers.

3. Officials, civil servants, employees not belonging to the organizational system of the Vietnam People's Army and the Vietnam People's Public Security Force (hereinafter referred to collectively as officials, civil servants, employees); citizens who have graduated from university or higher; students upon graduation from university selected for training as reserve officers.

4. Graduates of training for the Head of the Military Command Board at the commune level in the basic military sector, meeting the criteria and conditions for bestowing the rank of reserve officer.

5. Relevant agencies, units, organizations, and individuals.

Article 3. Principles for building, recruiting, training, arranging, and appointing positions for reserve officers

1. The reserve officer corps must be strong politically, ideologically, and organizationally; have a reasonable number and structure; possess command, management, professional technical, and vocational skills that meet the requirements of tasks.

2. Recruitment and training of reserve officers must ensure quotas, correct target groups, and meet standards; be democratic, transparent, and lawful.

3. Arrangement and appointment of reserve officers must ensure correct position allocations, with appropriate military professionalism; be geographically close and concise; prioritize arrangements and appointments for main force units before local units; promptly adjust when there are changes in organizational structure or the reserve officer corps.

Chapter II
RECRUITMENT AND TRAINING OF RESERVE OFFICERS

Article 4. Target Groups and Standards for Recruitment and Training of Reserve Officers

1. Target Groups

a) Professional military personnel, non-commissioned officers preparing to leave active service;

b) Reserve non-commissioned officers, officials, civil servants, employees, and citizens who have graduated from university or higher;

c) Students upon graduation from university.

2. Standards for Recruitment

a) General standards

The subjects specified in Clause 1 of this Article must have a clear political history of their families and themselves, be members of the Communist Party of Vietnam or meet the political criteria to be developed into members of the Communist Party of Vietnam; have firm political resolve, good moral qualities, absolute loyalty to the Party, the country, and the people; have appropriate levels of expertise, knowledge, education, and age suitable for each group; physical health from Class 1 to Class 3 according to the regulations on physical fitness for military recruitment and military education issued by the Minister of Health and the Minister of National Defense.

b) Specific standards

Professional military personnel, non-commissioned officers preparing to leave active service, reserve non-commissioned officers who have held the position of deputy platoon leader or squad leader and equivalent positions; having completed secondary school or higher, if lacking, recruitment can extend to completion of junior high school, for ethnic minority citizens recruitment can extend to grade 7 or higher; age limit for professional military personnel shall not exceed 35 years old, for non-commissioned officers preparing to leave active service and reserve non-commissioned officers shall not exceed 30 years old;

Age limit for officials, civil servants, employees shall not exceed 35 years old; specifically, for training reserve officers in medicine and pharmacy, the age limit shall not exceed 40 years old; for training reserve political officers, they must be members of the Communist Party of Vietnam;

Citizens who have graduated from university or higher, age limit shall not exceed 35 years old; students upon graduation from university, age limit shall not exceed 30 years old.

Article 5. Reserve Officer Training Plan

1. Each unit under the Ministry of National Defense shall propose the annual training needs for reserve officers and report to the Ministry of National Defense.

2. The Ministry of National Defense shall develop the plan for training reserve officers, submit it to the Prime Minister for decision, and assign quotas and tasks for selecting and training reserve officers to ministries, ministerial-level agencies, and government agencies (hereinafter referred to collectively as "ministries"), provincial People's Committees.

3. Based on the Prime Minister’s decision, the Minister of National Defense shall determine the specific number of each type of reserve officer to be trained by ministries and centrally-administered cities.

Article 6. Selection, Review, and Call for Reserve Officer Training

1. The Military Command Board at the district level shall select cadres, civil servants, public officials, university graduates, and reserve non-commissioned officers who are working, employed, or residing in the locality, report to the Military Command Board at the province level, the Command of Ho Chi Minh City Military Region, and the Command of Hanoi Capital Military Region for review; the Military Command Board at the province level, the Command of Ho Chi Minh City Military Region shall request the Military Region Command to verify. After receiving the verification results from the Military Region Command and the review results from the Command of Hanoi Capital Military Region, the Military Command Board at the district level shall present to the Chairman of the same-level People's Committee for a decision to call individuals for reserve officer training.

2. The Ministry of Education and Training shall allocate quotas, guide academies and universities (excluding those under the Ministry of National Defense and the Ministry of Public Security) to select and review students upon graduation for reserve officer training; verify the review results, recommend the Minister of National Defense to make a decision; directors and principals of academies and universities shall hand over the Minister of National Defense’s decision to call for reserve officer training to each student.

3. Units directly subordinate to units under the Ministry of National Defense shall organize the selection of professional military personnel and non-commissioned officers preparing to leave service for reserve officer training according to the assigned plan. Subordinate units under the Ministry of National Defense shall verify personnel and decide to call individuals for reserve officer training.

4. Individuals selected for reserve officer training as stipulated in Clauses 1, 2, and 3 of this Article shall be responsible for strictly implementing legal regulations on the selection and training of reserve officers and complying with decisions calling them for reserve officer training made by competent authorities.

5. Ministries and provincial People's Committees assigned to select sources for reserve officer training shall ensure the rights of individuals called for reserve officer training in accordance with the law.

6. Financial Resources

a) Financial resources to ensure the selection and training of reserve officers for the subjects specified in point a, Clause 1 of Article 4 of this Decree shall be allocated from the state budget within the annual expenditure budget of the Ministry of National Defense;

b) Financial resources for the selection and training of reserve officers for the subjects specified in point b, Clause 1 of Article 4 of this Decree shall be guaranteed by local budgets;

c) Financial resources to ensure the selection and training of reserve officers for the subjects specified in point c, Clause 1 of Article 4 of this Decree shall be allocated from the state budget within the annual expenditure budget of the Ministry of Education and Training.

Article 7. Recruitment and Training File for Reserve Officers

1. The recruitment and training file for reserve officers includes:

a) A self-written resume with confirmation from the Chairman of the People's Committee of the commune where the applicant resides or the head of the agency or organization where the applicant works (for applicants who are civil servants, public officials, employees, university graduates or higher, students upon graduation from university, and reserve warrant officers); military personnel files (for professional soldiers and reserve warrant officers preparing to be discharged);

b) A verification report on the resume;

c) A health examination form;

d) Photocopies of diplomas, certificates, recognition of foreign educational institution diplomas, or copies certified by the competent authority.

2. Responsibilities for establishing the recruitment and training file for reserve officers

a) The Military Command Board of the district establishes the file for civil servants, public officials, employees, university graduates or higher, and reserve warrant officers; the Military Command Board of the commune, related agencies, and organizations are responsible for providing the file;

b) Units at the regiment level and above establish the file for professional soldiers and reserve warrant officers preparing to be discharged;

c) Academies and universities establish the file for students upon graduation from university.

3. The time limit for completing the recruitment and training file for reserve officers by the agencies, units, and organizations specified in Clause 2 of this Article to report to the competent authority specified in Clauses 1, 2, and 3 of Article 6 of this Decree is 30 days, before the date of notification to attend school at academies and military schools.

4. Academies and military schools assigned to train reserve officers, during the training period, are responsible for supplementing and perfecting the reserve officer file (original file) based on the recruitment and training file for reserve officers, including: Reserve officer resume, decision on promotion to reserve officer rank, certificate of completion of reserve officer training, and other relevant documents. At the end of the training course, hand over the file to the Military Command Board of the district where the reserve officer resides or works.

Article 8. Organization, Time Frame, and Curriculum for Training Reserve Officers

1. Organization of Training for Reserve Officers

Academies and military schools assigned to train and issue certificates of completion of reserve officer training.

2. Duration and Fields of Training for Reserve Officers

a) Reserve warrant officers, civil servants, public officials, and university graduates or higher training for reserve officers in infantry, political affairs, and medical fields is three months;

b) Professional soldiers and reserve warrant officers preparing to be discharged training for reserve officers in infantry; university graduates training for reserve officers in infantry and medical fields is four months;

c) Professional soldiers and reserve warrant officers preparing to be discharged training for reserve officers in corps and arms is five months.

3. The Minister of National Defense shall stipulate the curriculum and content of training for each category specified in Clause 2 of this Article.

Chapter III
REGISTRATION, MANAGEMENT, AND TRAINING OF RESERVE OFFICERS

Article 9. Registration for Reserve Officer Positions

1. Subjects eligible to register for reserve officer positions

a) Officers and cadres who are professional soldiers when leaving active service still meet the criteria and conditions for reserve officers;

b) Professional soldiers, reserve warrant officers preparing to be discharged, and reserve warrant officers who have been trained as reserve officers;

c) Civil servants, public officials, employees, university graduates or higher, and students upon graduation from university who have been trained as reserve officers;

d) Those who have completed grassroots military command training and been promoted to reserve officer rank.

2. Subjects specified in Clause 1 of this Article are not eligible to register for reserve officer positions in the following cases:

a) Currently under criminal investigation;

b) Sentenced to imprisonment or corrective labor without detention;

c) Leaving the country illegally or overstaying abroad;

d) Not meeting the health standards as prescribed.

3. Subjects specified in point a, Clause 2 of this Article, if there is a decision by the competent authority that they are not guilty, then they may register for the reserve officer position.

Article 10. Procedures and formalities for registering and managing reserve officers

1. Initial registration

a) Within fifteen working days from the date specified in Clause 1, Article 9 of this Decree regarding place of residence or place of work (as evidenced by an introduction letter issued by the competent authority), the subject must present the introduction letter and the reserve officer card to the People's Militia Committee of the commune or district where there is no commune-level administrative unit, or to the People's Militia Committee of the organization or agency to register as a reserve officer. In cases where the organization or agency does not have a People's Militia Committee, the head or the authorized representative of the organization or agency shall be responsible for organizing the subjects to register at the People's Militia Committee of the commune where they reside.

b) Within ten working days from the date of registration, the People's Militia Committee of the commune or the organization or agency shall compile a list of registered reserve officers and report it to the People's Militia Committee of the district where the reserve officers reside, work, or study for management purposes.

2. Supplementary registration

a) Within fifteen working days from the date of change in any registered factors, the reserve officer must go to the People's Militia Committee of the commune or district where there is no commune-level administrative unit, or to the People's Militia Committee of the organization or agency to update the registration. In cases where the organization or agency does not have a People's Militia Committee, the head or the authorized representative of the organization or agency shall be responsible for organizing the reserve officer to update the registration at the People's Militia Committee of the commune where they reside.

b) Monthly, the People's Militia Committee of the commune or the organization or agency shall compile and report the updated registrations of reserve officers to the People's Militia Committee of the district.

3. Registration for relocation

a) Before moving to a new place of residence or work, study, or training from one district to another, the reserve officer must go to the People's Militia Committee of the original district to complete the transfer procedures to the People's Militia Committee of the new place of residence, work, study, or training.

b) Within fifteen working days from the date of arrival at the new place of residence, work, study, or training, the reserve officer must go to the People's Militia Committee of the commune or district where there is no commune-level administrative unit, or to the People's Militia Committee of the organization or agency at the new location to register according to the provisions of Clause 1 of this Article.

4. Absence registration

a) When a reserve officer is absent from their place of residence or current work, study, or training:

Absent for thirty days or more, the reserve officer must report to the People's Militia Committee of the commune or the organization or agency where they are currently working, studying, or training. Monthly, if there are reserve officers who are absent, the People's Militia Committee of the commune or the organization or agency shall compile and report to the People's Militia Committee of the district.

If a reserve officer assigned to a mobilization reserve unit is absent for three months or more, the People's Militia Committee of the district must inform the unit receiving the reserve officer. Upon issuance of a general or partial mobilization order, the reserve officer must immediately return to their place of residence or current work, study, or training to prepare for duty.

b) When a reserve officer is dispatched abroad for work, study, or training, or leaves the country for personal reasons:

For a period of one year or longer, the reserve officer must report to the People's Militia Committee of the commune or district where there is no commune-level administrative unit, or to the People's Militia Committee of the organization or agency where they are currently working, studying, or training, and submit the reserve officer card. Within ten working days from the date of departure from the country, the People's Militia Committee of the commune or the organization or agency where the reserve officer is currently working, studying, or training must register the long-term absence and return the reserve officer card to the People's Militia Committee of the district.

Within fifteen working days from the date of return to the place of residence or work, study, or training from abroad, the reserve officer must go to the People's Militia Committee of the commune or district where there is no commune-level administrative unit, or to the People's Militia Committee of the organization or agency where they are currently working, studying, or training to re-register.

For a period less than one year, the reserve officer must return the reserve officer card to the People's Militia Committee of the commune or district where there is no commune-level administrative unit, or to the People's Militia Committee of the organization or agency where they are currently working, studying, or training. Within ten working days from the date of departure from or return to the country, the People's Militia Committee of the commune or the organization or agency shall be responsible for compiling and reporting to the People's Militia Committee of the district where the reserve officer resides.

5. Separate Registration

a) Reserve officers who are exempted from military service during wartime according to Articles 5, 6, 7, 8, and 9 of Government Decree No. 14/2016/NĐ-CP dated March 15, 2016 on professions suitable for female citizens of military age and those exempted from conscription during wartime and the training of second-tier reserve soldiers; within fifteen working days from the date of receiving the decision appointing them to such positions, the People's Militia Committee of the organization or agency, or the head or authorized representative of the organization or agency where the reserve officer is currently working, studying, or training, shall notify in writing the People's Militia Committee of the district where they reside to register as exempted from wartime military service.

b) When reserve officers no longer hold the positions specified in point a of this clause, within ten working days from the date of ceasing to hold such positions, the People's Militia Committee of the organization or agency, or the head or authorized representative of the organization or agency shall notify in writing the People's Militia Committee of the district where the reserve officer resides to re-register.

Article 11. Responsibility for Registration and Management of Reserve Officers

1. The Ministry of National Defense shall direct and guide the registration and management of reserve officers throughout the country.

2. People's Committees at all levels shall be responsible for directing military agencies at the same level to implement the registration and management of reserve officers in their localities.

3. Military Region Commanders, Hanoi Capital Military Command, Ho Chi Minh City Military Command, and Provincial Military Commanders shall be responsible for directing and guiding subordinate agencies and organizations within their jurisdiction to implement the registration and management of reserve officers.

4. District Military Command, Commune Military Command, and Military Command of agencies, organizations, or legal representatives of agencies and organizations where reserve officers are working, studying, or residing shall be responsible for implementing the registration and management of reserve officers.

5. Agencies and organizations shall only accept, arrange employment, and resolve benefits for reserve officers after they have fulfilled their registration obligations and create all necessary conditions for reserve officers to fully comply with regulations on registering as reserve officers.

6. Regular units, academies, and military schools training reserve officers shall handle procedures and introduce reserve officers to register for the first time at the Commune Military Command where the reserve officer resides or works/studies.

7. Regular units of the People's Army must regularly coordinate with local military agencies at all levels in reviewing, registering, and managing reserve officers assigned and appointed to their units.

8. Financial Source

a) Funding for the management of reserve officers shall be allocated from the state budget in the annual expenditure plan of the Ministry of National Defense;

b) Funding for the registration of reserve officers shall be guaranteed by the local budget.

Article 12. Management of Reserve Officer Files and Cards

1. Management of Original Reserve Officer Files

a) The District Military Command shall manage files of reserve officers at the rank of Lieutenant;

b) The Ho Chi Minh City Military Command and Provincial Military Command shall manage files of reserve officers at the rank of Captain;

c) The Hanoi Capital Military Command shall manage files of reserve officers at the rank of Major and below;

d) Military Regions shall manage files of reserve officers at the rank of Major;

đ) The Ministry of National Defense shall manage files of reserve officers at the rank of Senior Major and above.

2. Reserve Officer Card

a) The reserve officer card serves as evidence that a citizen has been trained and registered as a reserve officer;

b) Each reserve officer shall only be issued one reserve officer card;

c) The validity of the reserve officer card is linked to the reserve officer from the time of registration as a reserve officer until the time of deregistration as a reserve officer;

d) The reserve officer card shall not be valid for use in the following cases: The card has been altered, erased, or the person named on the card has been deregistered as a reserve officer according to the law.

3. The Minister of National Defense shall stipulate the record books, forms for registration and management of reserve officers; authority and circumstances for issuing, exchanging, recalling, managing, and using reserve officer cards.

Article 13. Health Examination and Inspection

1. Subjects for Health Examination and Inspection

a) Subjects specified in Clause 1, Article 4 of this Decree shall undergo health examination before attending reserve officer training;

b) Reserve officers who have been assigned and appointed to reserve mobilization units shall undergo regular health inspection every two years;

c) Reserve officers who have not yet been assigned and appointed to reserve mobilization units shall undergo health inspection when there is a need for mobilization.

2. Planning Health Examinations and Inspections

a) The District Military Command, based on the number of reserve officers residing in the locality, selection quotas for reserve officer training, and in coordination with the district health department, shall develop plans for health examinations and inspections for reserve officers who have been assigned and appointed to reserve mobilization units and subjects selected for reserve officer training, to be submitted for approval by the District People's Committee;

b) Agencies and organizations under ministries, provincial people's committees, and universities located in the district shall cooperate with the District Military Command in conducting health examinations and inspections for reserve officers and subjects selected for reserve officer training.

3. Organization of Health Examinations and Inspections

a) The district conscription medical examination board shall conduct health examinations for individuals selected for reserve officer training; the health inspection team shall inspect reserve officers according to the plan approved by the District People's Committee, and bear legal responsibility for the conclusions of the examinations and inspections and classification of health status;

b) The Commander of the District Military Command shall be responsible for summoning reserve officers and individuals selected for reserve officer training for health examinations and inspections;

c) The Commander of the Commune Military Command or organization shall be responsible for sending summons for health examinations and inspections from the District Military Command to each individual subject to such examinations and inspections;

d) Reserve officers and individuals selected for reserve officer training must present the summons for health examinations and inspections issued by the District Military Command Commander; national identity card (or citizen identification card) or reserve officer card;

đ) For professional soldiers preparing to leave service who are selected for reserve officer training, the unit-level conscription medical examination board directly subordinate to the Ministry of National Defense shall plan and organize the medical examination.

4. Conclusions and Classification of Health Status of Reserve Officers and Individuals Selected for Reserve Officer Training Shall Be Implemented According to the Standards for Classifying Health Status for Recruitment and Military Education Set By The Minister Of Health And The Minister Of National Defense.

5. Management of Health Records of Reserve Officers and Individuals Selected for Reserve Officer Training

a) The health record book of reserve officers shall be established by the district health inspection team and managed by the District Military Command; the results of health inspections of reserve officers shall be recorded in detail in the health record book of each reserve officer for management purposes.

b) The health examination form for the selected candidates to undergo reserve officer training shall be carried out according to the model of the compulsory military service health examination form and the military recruitment health examination form established by the county-level Health Examination Board; upon completion of the health examination, it shall be handed over to the Military Command of the county (for officers, civil servants, and employees; citizens who have graduated from university or higher and reserve non-commissioned officers) or handed over to the higher education institution (for students who have graduated from university) to complete the reserve officer training dossier;

c) The health form of professional soldiers and reserve non-commissioned officers preparing to leave military service and selected to undergo reserve officer training shall be established by the health examination board of the subordinate unit directly under the Ministry of National Defense; upon completion of the health examination, the health form shall be handed over to the units to complete the reserve officer training dossier;

d) The results of the health examination and inspection shall be kept in the file of the reserve officer;

6. Financial Resources

a) The funding for ensuring health examinations for the subjects specified in point a, Clause 1, Article 4 of this Decree shall be allocated from the state budget within the annual expenditure plan of the Ministry of National Defense;

b) The funding for health examinations and inspections for the subjects specified in point b, Clause 1, Article 4 and point b, point c, Clause 1 of this Decree shall be guaranteed by the local budget;

c) The funding for ensuring health examinations for the subjects specified in point c, Clause 1, Article 4 of this Decree shall be allocated from the state budget within the annual expenditure plan of the Ministry of Education and Training;

Article 14. Review of Reserve Officers

1. Annually, the Military Command of the county shall establish a plan to review reserve officers currently present in the locality, submit it for approval by the Chairman of the People's Committee at the county level; coordinate with the mobilization reserve unit to review reserve officers who have been assigned and appointed to the mobilization reserve unit; direct the Military Command of the commune, the Military Command of the agency or organization, and if there is no Military Command, the head or a lawful representative with an office on the territory to organize the review of reserve officers who have not yet been assigned and appointed to the mobilization reserve unit;

2. Method of review

a) Directly meet with reserve officers, in cases where reserve officers are absent, meet with representatives in their families or representatives managing the reserve officers to grasp and compare files;

b) Directly meet with village chiefs, team leaders, neighborhood group leaders, or heads of agencies and organizations to grasp the situation of reserve officers who have returned to the locality or agencies and organizations that have not registered in the reserve officer position or reserve officers who have left the locality or agencies and organizations but have not registered their transfer;

3. Source of funding

a) Funding for reviewing reserve officers at the local level shall be guaranteed by the local budget;

b) Funding for reviewing reserve officers who have been assigned and appointed to mobilization reserve units shall be allocated from the state budget within the annual expenditure plan of the Ministry of National Defense;

Article 15. Personnel Responsible for Reserve Officer Affairs

1. Agencies and organizations with a Military Command shall have the Military Command responsible for reserve officer affairs; where there is no Military Command, the head shall designate personnel to concurrently handle reserve officer affairs;

2. Provincial-level Military Commands and above shall have dedicated personnel responsible for reserve officer affairs, while the Military Command of the county shall have personnel concurrently handling reserve officer affairs.

Article 16. Statistics and Reporting

1. Periodic reports: Quarterly, the Military Command Board of the commune, the Military Command Board of the agency or organization where reserve officers work, study, or operate shall be responsible for compiling the quantity and quality of reserve officers and reporting to the Military Command Board of the district where they reside before the 15th day of the last month of each quarter, and annually before December 15th.

2. Ad hoc reports as required by competent state agencies.

3. The Minister of National Defense shall stipulate the system of statistics and reporting on reserve officer affairs.

Article 17. Training of Reserve Officers

1. Content of training for reserve officers includes: Command and management training, political work, technical and professional training; cadre supplementation at company and battalion levels; professional military conversion training (hereinafter referred to as training).

2. Annual training quotas for reserve officers are decided by the Prime Minister; the Ministry of National Defense directs and guides subordinate units to coordinate with relevant ministries and localities regarding time, location, and handover of reserve officers for training; ministries and localities assigned training quotas must mobilize the correct target groups, ensure sufficient numbers, adhere to the designated time and location, and transfer reserve officers to reserve mobilization units; receive reserve officers after completion of the training course.

3. Reserve officers must be present at the designated time and location specified in the call-up order, strictly comply with legal regulations and unit rules during the training period.

4. Upon completion of the training course, the training unit shall evaluate and assess each reserve officer individually and notify the results in writing to the Military Command Board of the district and the agency or organization where the reserve officer works, studies, or operates.

5. The Minister of National Defense shall stipulate the training duration for each category, but not exceeding one month within one year.

Chapter IV
APPOINTMENT, PROMOTION, REMOVAL; DISMISSAL; BESTOWING, PROMOTING, DEMOTING, STRIPPING MILITARY RANKS;  CALLING UP RESERVE OFFICERS FOR ACTIVE SERVICE CALL UP RESERVE OFFICERS FOR DUTY IN THE MILITARY

Article 18. Standards and Conditions for Appointment and Promotion to Reserve Officer Positions

1. Reserve officers must have firm political resolve, good moral character; take responsibility and fulfill their tasks in building the reserve force; set a good example in fulfilling citizen duties, job responsibilities, and participate in local and organizational activities; gain trust from the masses; possess the necessary military knowledge and skills according to the requirements of their positions; reserve officers appointed to positions such as company political commissar, company commander, and equivalent positions must be members of the Communist Party of Vietnam; their health status must be classified as type 1 to type 3.

2. Age limit for initial appointment: Company commander not over 35 years old, company staff not over 40 years old, battalion staff not over 45 years old, regiment staff not over 50 years old; in areas lacking personnel, appointments can be made at higher ages but not exceeding five years above the stated age limits.

3. Priority should be given to units with high readiness for mobilization, prioritizing main force units over local units; appointments should not be spread evenly across all units but adjusted promptly in case of changes in the reserve officer corps.

4. Reserve officers appointed to positions higher than their original reserve officer training positions or positions held when leaving active service must undergo additional training for the new position; in cases requiring reorganization and appointment to complete organizational structures, additional training must follow the reorganization and appointment.

Article 19. Dismissal from Reserve Officer Positions

1. When there is a decision to change organizational structure, staffing, or dissolve reserve mobilization units made by the competent authority, there is no longer a need for the current staffing positions of reserve officers.

2. Reserve officers may be assigned or appointed to positions within reserve mobilization units or elected to hold positions within the political system or public service units exempted from wartime conscription by the competent authority.

3. Reserve officers with particularly difficult family circumstances or health conditions classified at level 4 or higher, who do not meet the standards and conditions to hold their current positions.

4. Reserve officers whose rank is decided to be dissolved by the competent authority shall be automatically dismissed from their positions.

5. Reserve officers holding positions in reserve mobilization units, when studying, working, or residing abroad for one year or more, or frequently absent from their place of residence, failing to strictly comply with orders to gather for training and readiness mobilization checks, and performing their duties poorly, shall be considered for dismissal.

Article 20. Promotion and Advancement of Rank for Reserve Officers

1. Granting Rank to Reserve Officers

a) Graduates of reserve officer training programs and graduates of village-level military command training programs shall be granted the rank of Second Lieutenant reserve officer;

b) Reserve officers trained from cadres, civil servants, and public officials; those graduating from reserve officer training programs with good grades and excellent conduct records shall be granted corresponding ranks based on their positions in reserve mobilization units and their current salaries.

2. Advancing Rank for Reserve Officers

Reserve officers meeting the following criteria shall be eligible for advancement in rank:

a) Having good political qualities, morals, and lifestyle; having knowledge and capabilities commensurate with their positions; complying well with registration, management, training, and mobilization orders during the period for rank advancement;

b) The position held in reserve mobilization units and the position of Village Military Commander requiring a higher rank than the current rank;

c) Meeting the time requirement for advancing the rank of reserve officer as stipulated in Clause 4, Article 41 of the Law on Officers of the Vietnam People's Army 1999, amended in 2008 and 2014.

3. Advancing Rank for Reserve Officers Before the Scheduled Time

Reserve officers who have research projects, valuable initiatives serving national defense, outstanding achievements, or courageous actions in protecting political security, social order, disaster prevention, disease control, rescue operations, and are awarded medals shall be eligible for early rank advancement.

Article 21. Authority to Appoint, Dismiss, Demote, and Promote/Degrade Ranks of Reserve Officers

1. Authority to Decide on Appointment, Granting, and Advancement of Rank for Reserve Officers

a) The Political Commissar or Commander of the Ho Chi Minh City Military Command, or the Political Commissar or Chief of the Provincial Military Command decides on appointments for reserve officers holding positions from deputy battalion commander and below, and advancement of the rank of reserve officer up to lieutenant;

b) The Political Commissar or Commander of the Hanoi Capital Military Command decides on appointments for reserve officers holding positions from deputy regiment commander and below, and advancement of the rank of reserve officer up to major;

c) The Political Commissar or Commander of the Military Region decides on appointments for reserve officers holding positions from battalion commander to regiment commander and equivalent, and advancement of the rank of reserve officer up to major and lieutenant colonel;

d) The Minister of National Defense decides on granting the rank of reserve officer; appointing positions and advancing the rank of reserve officer for remaining levels and positions, or reporting to the competent authority for decision.

2. The authority deciding on appointments and advancements of rank to certain positions and ranks also has the authority to decide on dismissals, demotions, removals, and degradations of ranks of reserve officers up to those positions and ranks.

Article 22. Procedures, formalities, time for arranging, appointing, relieving, and promoting reserve officers' ranks

1. Implementation Procedure

a) The Military Command Board at the district level reviews and compiles a list of reserve officers meeting the required standards and conditions who have the need to be arranged, appointed, promoted, or who do not meet the required standards and conditions and must be relieved, and informs the Military Command Board at the commune level and the Military Command Board of the organization where the reserve officers reside, work, or study.

b) The Military Command Board at the commune level and the Military Command Board of the organization provide comments and evaluations, report to the same-level party committee and organization for consideration and give opinions on each reserve officer, and report to the Military Command Board at the district level.

c) The Military Command Board at the district level compiles the list, exchanges with the mobilization reserve unit, reports to the same-level military party committee for consideration and proposes to the Commandant of the Hanoi Capital Military Command, the Commandant of the Ho Chi Minh City Military Command, and the Military Command Board at the provincial level for decision-making on reserve officers with ranks and positions within their authority, and proposes to higher authorities for review and decision-making on reserve officers with ranks and positions within the higher authorities' jurisdiction.

2. The Minister of National Defense shall guide the procedures for appointing, relieving, and promoting reserve officers' ranks.

3. Timeframe

a) Arranging, appointing, and relieving are carried out quarterly throughout the year;

b) Promoting reserve officers' ranks at all levels is implemented in July every year.

4. Organization of awarding decisions

a) When there is a decision on arranging, appointing, relieving, or promoting reserve officers' ranks, the Military Command Board at the district level organizes the awarding of the decision to the reserve officers and notifies in writing the Military Command Board at the commune level, the Military Command Board of the organization where the reserve officers work, study, or operate, and the receiving unit of reserve officers.

b) In cases where reserve officers violate discipline or laws to the extent that they no longer meet the criteria for awarding decisions on arranging, appointing, or promoting ranks, the Military Command Board at the commune level and the Military Command Board of the organization report according to the procedure to the competent authority to revoke the decision.

Article 23. Cases of discharging reserve officers from service

1. Reaching the age limit for service as stipulated in Article 38 of the Law on Officers of the Vietnam People's Army.

2. No longer meeting the standards of an officer or not meeting the health standards for call-up to active duty.

3. Reserve officers must serve a prison sentence.

4. Leaving the country illegally or staying abroad illegally.

Article 24. Authority to decide on discharging reserve officers from service

1. The Political Commissar or Commander of the Ho Chi Minh City Military Command decides on discharging reserve officers of the rank of Lieutenant.

2. The Political Commissar or Commander of the Hanoi Capital Military Command decides on discharging reserve officers of the rank of Colonel and below.

3. The Political Commissar or Commander of the Military Region decides on discharging reserve officers of the rank of Major and Colonel.

4. The Minister of National Defense decides on discharging reserve officers of the remaining ranks or reports to the competent authority for decision.

Article 25. Calling reserve officers to active duty

1. During wartime, the calling of reserve officers to active duty is carried out in accordance with the Law on Officers of the Vietnam People's Army.

2. During peacetime, the Minister of National Defense decides to call reserve officers who have not served in active duty to active duty, with a term of two years.

3. The Minister of National Defense shall specify Clause 2 of this Article.

Chapter V
IMPLEMENTING PROVISIONS

Article 26. Effective date

1. This Decree takes effect from August 19, 2020.

2. From Article 2 to Article 37 and Articles 42, 44, 45, 46, 47, 48 of Decree No. 26/2002/NĐ-CP dated March 21, 2002 of the Government on reserve officers of the Vietnam People's Army cease to be effective from the date this Decree takes effect.

Article 27. Responsibility for Implementation

The Minister, the Heads of Ministries equivalent to ministries, the Heads of agencies under the Government, the Chairmen of the People's Committees of provinces and centrally governed cities, organizations, and individuals related to this matter are responsible for implementing this Decree./.