Circular No. 91/2010/TT-BQP stipulates the transfer of service conditions from civil servants, public officials, and defense workers to professional military personnel. This document specifies the applicable subjects, conditions and standards for transfer, post-transfer management and usage, and necessary procedures and documents.
적용 범위
Civil servants, public officials, and defense workers currently holding positions with a quota allocation as professional military personnel according to the organizational staffing chart of the General Staff Department; technical staff with a bachelor's degree or higher working in weapons production under defense security enterprises; defense workers and public officials voluntarily transferring to professional military personnel to retire when they meet the required conditions.
핵심 사항
- Civil servants, public officials, and defense workers may transfer to the professional military personnel regime if they volunteer and meet the conditions regarding service time, age (not exceeding 45 years old).
- Transferring to professional military personnel must have good moral character, be in good health, and not have been disciplined within six months prior to the request for transfer.
- The authority to review the transfer of defense workers and public officials to professional military personnel is specifically defined for different managing agencies (the Personnel Office and the Military Affairs Office).
- After the transfer, the subject must work in accordance with the position allocated as professional military personnel.
- The procedure and documents include an application for transfer of service conditions, a copy of the recruitment decision or the decision to transfer the defense worker or public official's service conditions, and other related documents.
🌐 이 문서의 사회적 영향
- Creating opportunities for civil servants, public officials, and defense workers to transfer to professional military personnel to retire as prescribed.
- Ensuring effective management and utilization of human resources in the Military.
- Subjects who do not meet the conditions or are working in joint-stock companies will not be subject to this document.
❓ 자주 묻는 질문
When can I transfer from a civil servant in defense to professional military personnel?
You must volunteer and meet the conditions regarding service time (at least one year), age (not exceeding 45 years old), and not having been disciplined within six months prior to requesting the transfer.
What documents do I need to prepare to transfer to professional military personnel?
You need to prepare an application for transfer of service conditions, a copy of the recruitment decision or the decision to transfer the defense worker or public official's service conditions, and other related documents such as university or college diplomas.
Who has the authority to review the transfer of defense workers and public officials to professional military personnel?
The authority to review the transfer is specifically defined for different managing agencies: the Personnel Office and the Military Affairs Office.
Must I work in accordance with the assigned position after transferring to professional military personnel?
Yes, after the transfer, you must work in accordance with the position allocated as professional military personnel.
When does the review process for transferring defense workers and public officials to professional military personnel take place each year?
Subordinate units under the Ministry of National Defense report to the Political Bureau (through the Personnel Bureau) in May, and the Ministry reviews and decides in June; reports to the General Staff Department (through the Military Affairs Bureau) in August, and the Ministry reviews and decides in October.
전문
CIRCULAR
REGULATIONS ON TRANSITION FROM CIVILIAN SERVICE AS A PUBLIC OFFICIAL, STATE CIVIL SERVANT, OR NATIONAL DEFENSE WORKER TO PROFESSIONAL MILITARY SERVICE
THE MINISTER OF NATIONAL DEFENSE
Pursuant to Decision No. 257/2006/QĐ-TTg dated November 9, 2006 of the Prime Minister promulgating regulations on frequency band allocation for economic and social purposes, national defense, and security;
Pursuant to Decree No. 18/2007/NĐ-CP dated February 1, 2007 of the Government on professional military personnel of the Vietnam People's Army;
Pursuant to Decree No. 68/2007/NĐ-CP dated April 19, 2007 of the Government detailing and guiding the implementation of certain provisions of the Social Insurance Law regarding mandatory social insurance for military personnel, public security officers, and personnel engaged in confidential work with pay equivalent to that of military personnel and public security officers;
At the proposal of the General Staff,
CIRCULAR:
Article 1. Scope of Regulation and Applicability
Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.
This Circular stipulates the subjects, conditions, standards, salary adjustment, rights and responsibilities, management and utilization, and procedures for transferring from civilian service as a public official, state civil servant, or national defense worker (hereinafter referred to collectively as "civil servants and workers in national defense") working in agencies and units under the combat sector, national defense and security business sector, and economic national defense business sector to professional military service.
Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.
a) Civil servants and workers in national defense currently holding positions designated for professional military personnel according to the organizational structure chart of the General Staff;
b) Civil servants and workers in national defense who are technical staff members with a bachelor's degree or higher, engineers, or skilled workers at the highest level engaged in the production and repair of weapons and military equipment belonging to the national defense and security business sector;
c) Civil servants and workers in national defense who have not yet met the retirement conditions as prescribed but voluntarily transfer to professional military service to retire according to the military personnel retirement system when they meet the conditions.
3. Subjects not applicable
a) The subject specified in point a, Clause 2 of this Article, when the agency or unit has already filled the position designated for professional military personnel according to the organizational structure chart of the General Staff;
b) The subject specified in point c, Clause 2 of this Article who is at least 50 years old or will reach 50 years old upon transfer to professional military service but still does not meet the retirement conditions;
c) The subject working in joint-stock enterprises.
Article 2. Conditions and Standards for Transition from Civil Servants and Workers in National Defense to Professional Military Service
||| 1. Conditions
a) Voluntarily serving in the military under the professional military service system;
b) Having served in the military for at least one year;
c) The subjects specified in points a and b, Clause 2 of Article 1 of this Circular must be under 45 years old;
d) The subjects specified in point c, Clause 2 of Article 1 of this Circular include:
- Male with at least 20 years of service, female with at least 15 years of service in the military. The period of military service includes time as an officer, professional military personnel, non-commissioned officer, soldier, and civil servants and workers in national defense.
- Female with at least 15 years of social insurance contributions and aged between 45 and under 50 years old.
2. Standards
a) Good moral character, capable of fulfilling assigned tasks;
b) Graduated from university, college, secondary vocational school, or short-term training course (professional certificate), technical or specialized staff;
c) In good health to perform duties according to their responsibilities;
d) Not having been disciplined with a warning or higher within six months prior to the date of application for transition to professional military service.
Article 3. Transfer of salary grade for subjects transferred to professional military personnel
Implement according to Circular No. 152/2007/TT-BQP dated September 25, 2007 of the Ministry of National Defense guiding the transfer of salary grades for officers; defense civil servants; non-commissioned officers, soldiers transferring to serve under the professional military personnel system.
Article 4. Rights and authorities to examine the transfer of defense civil servants to professional military personnel
a) For subjects managed by the cadre management agency
Implement according to Decision No. 269-QĐ/ĐƯ dated July 23, 2009 of the Central Military Commission on issuing the Cadre Work Regulations in the Vietnam People's Army.
b) For subjects managed by the military force management agency.
Implement according to the provisions of Circular No. 12/2009/TT-BQP dated March 18, 2009 of the Ministry of National Defense stipulating the authority to raise, lower rank, type, grade; transfer salary group; change system for professional military personnel, defense civil servants; confer, promote, and demote military ranks for professional military personnel.
Article 5. Management and utilization after transferring to professional military personnel
a) Subjects specified in point a, Clause 2, Article 1 of this Circular when transferring to the professional military personnel system must work according to the correct position designated as professional military personnel.
b) Subjects specified in point c, Clause 2, Article 1 of this Circular when transferring to the professional military personnel system:
- Based on the time specified to receive the retirement book in the decision transferring to the professional military personnel system of the Ministry, the unit continues to arrange work or report to the competent authority to issue a decision to take leave before retirement and a decision to retire and enjoy the retirement benefit for professional military personnel;
- The time taken for leave before retirement according to current regulations.
- The time enjoying the retirement benefit according to the time recorded in the decision of the Ministry.
- Not to be reassigned to another unit under the Ministry of National Defense.
Article 6. Procedures, files, and time for examining the transfer of defense civil servants to professional military personnel
1. Procedures and files
Units under the Ministry of National Defense report in writing, accompanied by a list and file of the individual subject proposed to transfer to the professional military personnel system, including:
a) Application for transfer to the professional military personnel system, with confirmation from the battalion commander or equivalent level;
b) Copy of the recruitment decision or the decision to transfer to the defense civil servant system;
c) Copy of the social insurance book (for subjects specified in point c, Clause 2, Article 1 of this Circular);
d) Certified copy of the university, college, or vocational school diploma (for those receiving salaries at the level of Class B civil servants or higher).
2. Time for examination
The main unit under the Ministry compiles and reports to the Political General Department (through the Cadre Bureau, for subjects managed by the cadre management agency) in May, the Ministry examines and decides in June; reports to the General Staff Department (through the Military Force Bureau, for subjects managed by the military force management agency) in August, the Ministry examines and decides in October.
Article 7. Implementation Provisions
1. This Circular takes effect 45 days from the date of signature;
2. Labor contracts that were previously defense civil servants and transferred to sign labor contracts as prescribed in Item 1.2, Point 1, Section II of Circular No. 91/2002/TT-BQP dated July 8, 2002 of the Ministry of National Defense on guiding the implementation of the labor contract system in military enterprises shall be implemented according to the provisions of this Circular.
3. The following documents cease to be effective
Decision No. 10/2002/QĐ-BQP dated January 18, 2002 and Decision No. 38/2006/QĐ-BQP dated March 2, 2006 of the Ministry of National Defense on transferring from the defense civil servant system to the professional military personnel system to resolve retirement issues for surplus staff.
Abolish the contents of previously issued documents contrary to the provisions of this Circular.
4. The Chief of General Staff, Directors of the Departments, commanders of agencies and units are responsible for implementing the provisions of this Circular correctly.
5. During the implementation process, any difficulties should be promptly reported to the Ministry of National Defense, through the Cadre Bureau (for subjects managed by the cadre management agency) or the Military Force Bureau (for subjects managed by the military force management agency) for compilation and reporting to the Ministry of National Defense for consideration and resolution./.
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