Circular No. 104/2021/TT-BQP stipulates the list of industry groups, job categories, and periodic rotation periods for job positions for cadres and staff members in the Vietnam People's Army. This Circular replaces Circular No. 30/2010/TT-BQP and takes effect from August 25, 2021.
Đối tượng áp dụng
Party committees and commanders of units under the Ministry of National Defense
Các điểm cốt lõi
- Definition of job position rotation
- List of industry groups, job categories, and periodic rotation periods
- Authority to implement periodic job position rotation
- Cases where periodic job position rotation is not implemented or cannot be implemented
- Procedure for implementing job position rotation
🌐 Tác động xã hội từ văn bản này
- Enhancing transparency and effectiveness in cadre and staff management
- Leveraging the capabilities and experience of cadres and staff through periodic job position rotation
- Reducing the risk of corruption and negative practices in unit operations
❓ Câu hỏi thường gặp
When does Circular No. 104/2021/TT-BQP take effect?
This Circular takes effect from August 25, 2021.
In which cases will periodic job position rotation not be implemented?
Periodic job position rotation will not be implemented for cadres and staff with less than 18 months remaining in their service until they reach the retirement age as prescribed.
What is the handover period for cadres and staff who are rotating job positions?
The handover period shall not exceed 10 working days counted from the date of receiving the decision on job position rotation.
Toàn văn
CIRCULAR
Article 24stipulates the period during which individuals holding positions and powers in the Military shall not be allowed to establish or hold management or leadership positions in enterprises or cooperatives in fields they previously managed after leaving their posts.
được thành lập, giữ chức danh, chức vụ quản lý, điều hành doanh nghiệp,lhợp tác xã thuộc lĩnh vực trước đây mình có trách nhiệm quản lý sau khi thôi
giữ chức vụ; quy định danh mục và thời hạn định kỳ chuyển đổi vị trí công
tác trong cơ quan, đơn vị thuộc Bộ Quốc phòng, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPng tham nhũng;
ập, giữ chức danh, chức vụ quản lý, điều hành doanh nghiệp, hợp tác xã thuộc lĩnh vực trước đây mình có trách nhiệm quản lý sau khi thôi giữ chức vụ; quy định danh mục và thời hạn định kỳ chuyển đ
Pursuant to the Law on Prevention and Control of Corruption dated November 20, 2018;
Pursuant to Decree No. 59/2019/NĐ-CP dated July 1, 2019 of the Government detailing certain provisions and measures for implementing the Law on Prevention and Combating Corruption;No.i vị trí công tác trong cơ quan, đơn vị thuộc Bộ Quốc phòng.
Pursuant to Decree No. 164/2017/NĐ-CP dated December 30, 2017 of the Government detailing the functions, tasks, authorities, and organizational structure of the Ministry of National Defense;Article 3. Principles for allocating central budget capital5. Workers who are beneficiaries of policies under this Decree and are also beneficiaries of similar policies or have the same nature as those prescribed in other regulatory legal documents shall enjoy the highest level of policy benefits.
Article 1. Amending and supplementing some articles of Circular No. 218/2013/TT-BQP dated December 19, 2013, issued by the Minister of National Defense guiding complaints and handling complaints in the Military (hereinafter referred to as Circular No. 218/2013/TT-BQP) as follows:
The Minister of National Defense promulgates this Circular stipulating the period during which individuals holding positions and powers in the Military shall not be allowed to establish or hold management or leadership positions in private enterprises, limited liability companies, joint-stock companies, partnership companies, or cooperatives in fields they previously managed after leaving their posts; and stipulating the list and periodic rotation periods for job positions within agencies and units under the Ministry of National Defense. lshall not assume a position, hold a managerial or executive title at a business or cooperative in the sector they previously were responsible for managing after stepping down from their position; specify the list and periodic rotation period for job positions within agencies and units under the Ministry of National Defense., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPshall rotate job positions within agencies and units under the Ministry of National Defense.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Circular stipulates:
Article 1. The period during which individuals holding positions and powers in the Military shall not be allowed to establish or hold management or leadership positions in private enterprises, limited liability companies, joint-stock companies, partnership companies, or cooperatives in fields they previously managed after leaving their posts.
Article 2. The list of industry groups, job categories, and periodic rotation periods for job positions (titles) for officers, professional military personnel, defense civil servants under the cadre management category (hereinafter referred to as cadres) and professional military personnel, defense workers, defense civil servants, and contractual employees not under the cadre management category (hereinafter referred to as staff) in the Vietnam People's Army according to Section 4 Chapter II of the Law on Prevention and Combating Corruption and Chapter V of Decree No. 59/2019/NĐ-CP.
Article 2. Applicability
Clause 1. This Circular applies to agencies, units, and enterprises under the Ministry of National Defense (hereinafter referred to as units); cadres and staff currently working at these units and related organizations and individuals.
Clause 2. Job position rotation shall apply to cadres and staff who do not hold command or management positions at units under the Ministry of National Defense.
Clause 3. The job position rotation of professional staff in the Military Court and Military Procuracy sectors shall be implemented in accordance with the regulations of the President of the Supreme People's Court and the Prosecutor General of the Supreme People's Procuracy.
Article 3. Explanation of Terms
1. Individuals holding positions and powersis a person appointed, elected, recruited, contracted, or employed in another manner, receiving remuneration or not, assigned to perform specific duties and tasks and having certain powers while performing such duties and tasks, including:
a) Officers, professional military personnel, defense workers, and defense civil servants in units under the Vietnam People's Army;
b) State capital representatives in enterprises;
c) Individuals holding management positions in units;
d) Other individuals assigned to perform duties and have powers while performing such duties.
2. Enterprise managers, are the owner of a private enterprise, a general partner, Chairman of the Board, member, member of the Board of Members, Chairman of the company, Chairman of the Board of Directors, member of the Board of Directors, Director, or General Director, and other individuals holding management positions as provided for in the Company Charter.
3. Resigning from a position, is an individual holding positions and powers in one of the areas specified in Article 6 of this Circular in accordance with the law, whose retirement, discharge, transfer out of the Military unit, termination of employment, or dismissal from employment has been resolved by the competent authority.
Article 4. Principles of Implementation
Clause 1. The implementation of the provision regarding the period during which individuals holding positions and powers in the Military shall not be allowed to establish or hold management or leadership positions in private enterprises, limited liability companies, joint-stock companies, partnership companies, or cooperatives in fields they previously managed after leaving their posts shall comply with the provisions of the Law on Prevention and Combating Corruption, the Law on Officers of the Vietnam People's Army, the Law on Professional Military Personnel, Defense Workers, and Defense Civil Servants, the Law on Cadres and Public Officials, the Law on Civil Servants, the Law on Enterprises, the Law on Cooperatives, and related legal normative documents.
Clause 2. Job position rotation shall be directly and comprehensively led by Party committees at all levels; ensuring the principle of centralized democracy, promoting the role and responsibility of collective Party committees, political commissars, political instructors (secretaries), and commanders at all levels. Job position rotation shall be carried out regularly according to plans and publicly announced within units.
During the process of implementing job position rotation, it must be objective, impartial, transparent, scientific, and consistent with the specialized vocational groups in units; preventing manifestations of abuse, negative practices, factionalism, and selfishness that undermine internal unity.
Clause 4. When implementing job position rotation, the staffing of units shall neither increase nor decrease.
Clause 5. For cadres holding command and management positions, job position rotation shall be implemented in accordance with the regulations on appointment and reappointment in the Regulation on Leadership of Cadre Work and the Provision on Cadre Rotation and Actual Transfer of Cadres of the Central Committee.
3. Ensuring state secrets and operational secrecy as prescribed by law and internal regulations of each agency.
Clause 1. Implementing periodic job position rotation for cadres and staff contrary to the specialized vocational groups they are currently engaged in or responsible for.
Clause 2. Rotating job positions of cadres and staff from higher rank positions to lower rank positions; from positions requiring higher qualification standards to those requiring lower qualification standards and vice versa, with the aim of upgrading or downgrading salary grades.
Clause 3. Exploiting regulations on periodic job position rotation for personal gain or to suppress cadres and staff.
Chapter II
FIELD, PERIOD DURING WHICH INDIVIDUALS HOLDING POSITIONS AND POWERS IN THE MILITARY SHALL NOT BE ALLOWED TO ESTABLISH OR HOLD MANAGEMENT OR LEADERSHIP POSITIONS,
IN ENTERPRISES OR COOPERATIVES IN FIELDS THEY PREVIOUSLY MANAGED AFTER LEAVING THEIR POSTS
||| Article OPERATING PRIVATE ENTERPRISES, LIMITED LIABILITY COMPANIES, JOINT-STOCK COMPANIES, PARTNERSHIP COMPANIES, AND COOPERATIVE SOCIETIES IN THE SECTORS PREVIOUSLY UNDER RESPONSIBILITY FOR MANAGEMENT AFTER CEASING TO HOLD A POSITION
||| Belongs to the SECTORS PREVIOUSLY UNDER RESPONSIBILITY FOR MANAGEMENT AFTER CEASING TO HOLD A POSITION
||| Chapter SECTORS
||| Article 6. Sectors
||| Persons with positions and powers as stipulated in this Article are those directly performing tasks at units at the brigade level and above, belonging to the following sectors:
||| 1. Planning and investment, finance, economy, equipment, materials, logistics, technology;
||| 2. National defense inspection;
||| 3. Research project management;
||| 4. Military bank management;
||| 5. Management of enterprises held 100% by the State capital established by the Ministry of National Defense or assigned to manage; representatives of State capital in enterprises managed by the Ministry of National Defense.
||| Chapter TIME LIMITS
||| Article 7. Time limits
||| 1. Within a period of 12 months from the date of ceasing to hold positions and powers in units under the Ministry of National Defense, persons working in the military in the sectors specified in Article 6 of this Circular shall not establish, hold managerial or executive positions in private enterprises, limited liability companies, joint-stock companies, partnership companies, or cooperatives in the sectors previously under their responsibility for management.
||| 2. Based on the objects under management, the Cadre Department or the Military Force Department shall take the lead and coordinate with the Inspection Department at the same level to determine and advise those with authority on the application of provisions in Chapter II of this Circular and record it in the decision terminating the position of persons with positions and powers.
Chapter III
||| INDEX, TIME LIMITS, AND CONTENT OF POSITION TRANSITION
||| Article 8. List of industry groups, industries subject to periodic rotation
||| 1. Cadres in industry groups, industries
||| a) Advisors include the fields: manpower, policy, equipment, military recruitment, training material from division level and equivalent or higher; issuing various certificates, diplomas, admissions, examinations for academies and schools within the military;
||| b) Political cadres include the fields: personnel, training, recruitment, material supply work for party activities, political work, commendation and reward, policy, insurance from division level and equivalent or higher;
||| c) Logistics cadres include the fields: fuel, military supplies, camps, basic construction investment from division level and equivalent or higher;
||| d) Medical cadres handle the tasks: issuing medical practice certificates by the Military Health Bureau; health insurance payments; monitoring the supply of various medicines, herbs, medical supplies in military hospitals;
||| e) Financial cadres handle the tasks: budget planning; managing regular budget expenditure; managing investment budget; researching management systems and policies; accounting; managing enterprise finances; managing prices; managing public assets, national reserves; managing social insurance, health insurance from battalion level and equivalent or higher;
||| f) Technical cadres include the fields: technical material management from division level and equivalent or higher. Managing, inspecting various types of vehicles; registering vehicles; issuing driving licenses for subordinate units under the Ministry of National Defense;
||| g) Inspectors, auditors, investigators, enforcement officers, border control staff in the fields: economic inspection; anti-corruption; anti-smuggling, commercial fraud, counterfeit goods; drug crime; environmental crime and social order; civil enforcement review officers; border control staff;
||| h) Cadres in economic, planning, and investment sectors handle the tasks: enterprise management; bidding and tender management; project evaluation.
||| 2. Staff in industry groups, industries
||| a) Storekeepers, statisticians: military supplies, medical supplies, fuel, camps, equipment from battalion level and equivalent or higher;
||| b) Financial staff handle the tasks: budget planning; managing regular budget expenditure; managing investment budget; researching management systems and policies; accounting; managing enterprise finances; managing prices; managing public assets, national reserves; managing social insurance, health insurance from battalion level and equivalent or higher;
||| c) Professional staff at land border stations and port border stations. Supervision at detention centers and temporary detention centers.
Article 9. Periodic Rotation Term
The periodic rotation term for job position transfer for officers and staff members of military units listed under the categories of industries and professions specified in Article 8 of this Circular is five years (sixty months) continuously.
Article 10. Methods, Forms, and Authority to Implement Periodic Job Position Rotation
1. Methods and Forms of Periodic Job Position Rotation
a) Periodic job position rotation is carried out through decisions made by the competent authority to transfer (or appoint) from one unit to another within the same industry or profession.
b) Periodic job position rotation is carried out through decisions or plans made by the competent authority to assign tasks from one department to another within the same unit, or to monitor areas or units, or to perform other tasks within the same industry or profession within the same unit.
2. Authority to Transfer Job Positions
a) For officers: The authority to transfer job positions is implemented according to the Personnel Work Regulations in the Vietnam People's Army of the Central Military Commission.
b) For staff members: The authority to transfer job positions is implemented according to the Personnel Work Charter of the Minister of National Defense; leadership regulations on personnel work of Party Committees at all levels.
Article 11. Cases Where Periodic Job Position Rotation Is Not Conducted or Special Circumstances for Job Position Rotation
1. Non-conduct of Periodic Job Position Rotation:
a) Officers and staff members who are currently under disciplinary review.
b) Officers and staff members who are currently being investigated, audited, or verified without a conclusion; or are under investigation, prosecution, or trial.
c) Officers and staff members who are undergoing treatment for serious illnesses confirmed by authorized health authorities; or are attending concentrated training for twelve months or more; or are on special assignment.
d) Female officers and staff members who are pregnant or nursing children under thirty-six months old; male officers and staff members who must nurse children under thirty-six months old due to their wives' death or other objective conditions.
2. Non-conduct of periodic job position rotation for officers and staff members with less than eighteen months remaining until retirement age as stipulated.
3. For units that only have one position listed under periodic job position rotation and this position has different requirements from other positions in the unit, they must report to the immediate superior unit's head for decision-making. The immediate superior unit will compile a general plan for rotation.
Article 12. Implementation of Job Position Rotation
1. In October each year, starting from division level and above, based on the list of job positions specified in Article 8 of this Circular, the personnel office (officers, manpower) advises the unit's party committee and command to build plans, review, and supplement the determination of each officer and staff member's position subject to periodic rotation the following year, report to the authorized party committee for examination and approval, and submit to the authorized commander for decision.
2. The plan for reviewing and supplementing the determination of each officer and staff member's position subject to periodic job position rotation must clearly state the purpose and requirements; it must fully include the list of individuals subject to rotation as specified in Article 8 of this Circular, job positions, time held (start date, end date of review), proposed unit to transfer to, reasons if rotation is not completed by the deadline, and implementation measures.
3. The job position rotation must be publicly announced to the officers and staff members subject to rotation thirty (30) days in advance through direct notification or sending a notification letter.
4. The handover period for officers and staff members transferring job positions shall not exceed ten (10) working days from the date of receiving the job position transfer decision.
Chapter IV
IMPLEMENTATION
Article 13. Effective Date
This Circular takes effect from August 25, 2021, and replaces Circular No. 30/2010/TT-BQP dated March 24, 2010, issued by the Minister of National Defense, which stipulates the list of industries and professions and the periodic rotation term for job titles for officers and staff members in the Vietnam People's Army (hereinafter referred to as Circular No. 30/2010/TT-BQP).
Article 14. Transitional Provisions
For cases subject to periodic job position rotation as specified in Article 8 of this Circular, which are being monitored and calculated for job position rotation according to Circular No. 30/2010/TT-BQP before this Circular takes effect, the unit is responsible for continuing to monitor and calculate the time spent in the current job position for review and periodic job position rotation according to the term specified in Article 9 of this Circular.
Article 15. Responsibility for Implementation
1. The Party Committee and Command of units under the Ministry of National Defense are responsible for organizing and implementing this Circular; closely coordinating and unifying ideological work, organizational work, and policy work during the implementation process; directing inspections of the implementation of regulations and periodic job position rotation plans for officers and staff members under their management.
2. Every quarter, six months, nine months, and annually, units must compile and report the results of job position rotation for officers and staff members in the inspection and reception reports, complaints, and anti-corruption reports to the Inspectorate of the Ministry of National Defense according to the reporting system of the Ministry of National Defense; simultaneously, send the report to the Department of Manpower/General Staff and the Department of Cadres/Political General Department for consolidation and reporting to the Minister of National Defense.
3. The Inspectorate of the Ministry of National Defense leads and coordinates with relevant agencies to monitor, inspect, urge, and guide units throughout the army in implementing this Circular./.
DEPUTY MINISTER
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