Circular No. 83/2023/TT-BQP amending and supplementing certain articles of circulars within the promulgation authority of the Minister of National Defense.

CIRCULAR

Amending and supplementing certain articles of circulars issued within the authority of the Minister of National Defense

Pursuant to the Law on Legislative Decrees dated June 22, 2015, amended and supplemented on June 18, 2020;

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Pursuant to the Governmental Decree No. 34/2016/NĐ-CP dated May 14, 2016 detailing certain provisions and measures for implementing the Law on Legislative Decrees, amended and supplemented by Governmental Decree No. 154/2020/NĐ-CP dated December 31, 2020;

The Minister of National Defense hereby issues this Circular amending and supplementing certain articles of circulars issued within the authority of the Minister of National Defense.

Pursuant to Decree No. 01/2022/NĐ-CP dated November 30, 2022 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of National Defense;

At the proposal of the Director of the Legal Department;

Article 1. Amending and supplementing certain articles of Circular No. 25/2014/TT-BQP dated May 15, 2014 of the Minister of National Defense stipulating standards for defense and security propagandists

"1. This Circular stipulates standards and requirements for activities; recognition and revocation of recognition for defense and security propagandists."

1. Amend Clause 1 of Article 1 as follows:

2. Replace the phrase "removal from office" with the phrase "revocation of recognition" in Article 6.

Article 2. Supplementing Article 2a following Article 2 of Circular No. 222/2017/TT-BQP dated September 12, 2017 of the Minister of National Defense promulgating the Regulation on reviewing and upgrading ranks and dismissing titles of technical-professional officers in the Vietnam People's Army; amended and supplemented by Circular No. 58/2022/TT-BQP dated August 3, 2022 of the Minister of National Defense

Article 2a. Interpretation of Terms

"Initial rank refers to the positions prescribed in Clause 1 Article 4, Point a Clause 1 and Point a Clause 2 Article 5, Clause 1 Articles from Article 6 to Article 38 except Clause 1 Articles 12, 30, 31, 32, 33, 34, 35, 36 and 37 of Circular No. 127/2021/TT-BQP dated October 1, 2021 of the Minister of National Defense stipulating the names, equivalent titles, and highest military ranks for technical-professional officers in the Vietnam People's Army."

In this Circular, the following terms are understood as follows:

Article 3. Amending and supplementing certain articles of Circular No. 68/2017/TT-BQP dated April 1, 2017 of the Minister of National Defense stipulating and guiding the management and use of official housing in the Ministry of National Defense

1. Amending and supplementing Point a Clause 3 Article 18 as follows:

"a) The formula for determining the rental price of official housing currently in use shall be applied according to Point a Clause 3 Article 11 of Circular No. 09/2015/TT-BXD dated December 29, 2015 of the Minister of Construction guiding the management and use of official housing."

2. Amending and supplementing Point a Clause 4 Article 28 as follows:

a) Taking the lead in coordinating with relevant agencies to propose rental prices for official housing directly managed by the Ministry of National Defense; examining rental prices for official housing directly managed by subordinate units under the Ministry; adjusting the budget standard when the basic furniture market price fluctuates by more than 20% (increase or decrease), reporting to the Head of the Ministry of National Defense for unified agreement with the Ministry of Construction and the Ministry of Finance, and submitting to the Prime Minister for consideration and decision.”

Article 4. Amending and supplementing certain articles of Circular No. 126/2020/TT-BQP dated October 19, 2020 of the Minister of National Defense stipulating removal from the establishment and handling state assets in the Ministry of National Defense

“14. Auctioning assets is a form of selling assets as provided for in Clause 2 Article 5 of the Auction Law.”

2. Supplementing Clause 4 following Clause 3 Article 5 as follows:

“4. The sale of special assets can only be carried out after they have been removed from the establishment. Special assets that remain intact or have not undergone processing and still retain their functions and information cannot be sold in their original form.”

4. Amending and supplementing Point d Clause 1 Article 8 as follows:

3. Amending and supplementing Clause 2 of Article 6 as follows:

“d) Military camps, equipment, supplies, and goods ensuring logistical work: sent to the General Logistics Department.”

5. Amending and supplementing Clause 3 Article 9 as follows:

“3. Within three working days from the end of the inspection, the main inspection agency shall submit the report or application along with the inspection record to the agencies and units specified in Clause 1 Article 10 of this Circular.”

6. Replacing the phrase “Inspection Record Proposal” with the phrase “Application, Inspection Record” at Point b Clause 2 Article 10.

7. Amending and supplementing Point a Clause 3 Article 10 as follows:

“a) Within fifteen working days (three working days for ammunition and toxic chemicals) from the date of receipt of the inspection record, the cooperating agencies shall send their review opinions (inspection results and the unit's proposal for removal from the establishment and handling) in writing to the competent authority specified in Article 11 of this Circular to decide on removal from the establishment.”

8. Amending and supplementing Point b Clause 1 Article 11 as follows:

“b) Special, Class I, and Class II projects.”

9. Supplementing Clause 6a following Clause 6 Article 13 as follows:

“6a. Special assets can only be sold in parts that cannot be utilized for repair and maintenance, and items recovered after processing through public auction to defense industry factories and units within the military; they cannot be sold to units outside the military.”

10. Amending and supplementing Clause 7 Article 13 as follows:

“7. In cases not covered by Clauses 1, 2, 3, 4, 5, 6, and 6a of this Article, the Minister of National Defense shall decide.”

11. Amending and supplementing Point h Clause 1 Article 15 as follows:

“h) Special, Class I, and Class II projects.”

12. Supplementing Clause 3 following Clause 2 Article 17 as follows:

“3. Special assets can only be sold in parts that cannot be utilized for repair and maintenance, and items recovered after processing.”

13. Amending and supplementing Clause 1 Article 19 as follows:

“1. Commanders of subordinate agencies and units under the Ministry of National Defense shall establish the Auction Committee for their level in accordance with Clause 1 Article 60 of the Auction Law and bear full responsibility for all activities of the Committee.”

14. Amending and supplementing Clause 5 Article 48 as follows:

“1. The head of the subordinate agency or unit under the Ministry of National Defense shall decide to establish the Auction Council at their level in accordance with Clause 1 of Article 60 of the Auction Law and shall be responsible for all activities of the Council.”

14. Amend and supplement Clause 5 of Article 48 as follows:

"5. The Decision to remove from the establishment, handle, and approve the handling plan for ammunition and toxic chemicals.

a) For quantities of ammunition and toxic chemicals exceeding 20 tons for handling;

b) For Academies, schools, branches (excluding the Engineering Corps and the Chemical Corps), corps, enterprises, Border Guard Command, and agencies and units without specialized technical forces for handling, the Chief of the General Staff decides to remove from the establishment and handle ammunition and toxic chemicals for the unit, and assigns the Engineering Corps and the Chemical Corps to direct subordinate units to collect and centrally handle according to a one-time plan;

c) For quantities of ammunition and toxic chemicals under 20 tons for handling, the Chief of the General Staff decides to remove from the establishment and handle, and assigns the heads of principal units under the Ministry of National Defense to approve the handling plans, except for the agencies and units specified in sub-clause b of this clause.

Article 5. Implementation Provisions

1. This Circular takes effect from November 12, 2023.

2. The Head of the Legal Department, the heads of agencies and units are responsible for implementing this Circular.