Decree No. 98/ND stipulates the regulations for personnel of the Ministry of National Defense.

DECREE OF THE MINISTRY OF NATIONAL DEFENSE

Establishing the Staff System of the Ministry of National Defense

MINISTER OF NATIONAL DEFENSE

Pursuant to Decree No. 50-SL dated June 18, 1949 organizing the Ministry of National Defense;

Pursuant to Decree No. 57-NĐ/CB dated August 16, 1947 establishing the staff system for national defense personnel;

At the proposal of the Director of Military Affairs and the Director of Administrative Affairs;

DECREE

Article 1. - National defense personnel shall enjoy the system established in this Decree.

PART I

Ranks - Salaries and Allowances

Article 2. - National defense personnel will be classified into ranks

1. Inspector rank

2. Examiner rank

3. Assistant rank

4. Clerk rank

5. Officer rank

Each rank is divided into ten levels, each level being assigned a grade on the common salary scale established as follows:

Article 3. - The basic monthly salary may increase according to a ratio determined by the Decree on a monthly or annual basis, based on the cost of living. For the year 1949, from the date this Decree takes effect until December 31, 1949, that ratio is set at 40% of the basic salary.

Article 4. - In addition to the basic salary and the increase ratio, national defense personnel will also receive the following allowances:

2. Cost-of-living allowance, calculated based on rice prices:

From 301đ to 350đ.00 ... 10đ.00

From 351đ to 1,000đ, each time the price of rice increases by 1đ to 50đ, the allowance will increase... 10đ.00

The cost-of-living allowance for the family of national defense personnel is calculated as follows:

Wife: Half of her husband's allowance

Each child: One quarter of their father's or mother's allowance

3. Regional allowance (calculated based on regions defined by the joint decree of the Ministry of Interior and Health)

Region 1... 60đ per month

Region 2... 40đ per month

Region 3... 20đ per month

The regional allowance is only granted to personnel, not to their families.

Article 5. - The family allowance and cost-of-living allowance are only granted to the official wife and children under 16 years old. From 16 to 18 years old, if still attending school without receiving support from the school or if disabled and unable to work, they may receive the allowance.

Children over 18 years old will no longer receive the allowance.

For personnel with multiple wives, the allowance is given to the first wife.

In cases where both spouses are civil servants, the husband will not receive the family allowance and cost-of-living allowance for his wife. The child allowance will be paid to the husband.

Article 6. - Female personnel whose husbands do not hold positions with government salaries can receive the child allowance. If the husband is disabled and unable to work, she can also receive the husband's allowance (calculated like the wife's allowance for the husband).

The family allowance, cost-of-living allowance, and regional allowance are rounded off to the nearest month.

Article 7. - National defense personnel entering service will enjoy a specified system.

PART II

1. Recruitment of Personnel

Article 8. - Personnel in ranks from clerk upwards will be recruited by the Minister of National Defense's Decree. Personnel in the officer rank will be recruited by the decision of the Bureau Chief or Department Director. This decision must be approved by the Minister of National Defense before implementation.

Personnel in the officer rank at the Ministry will be recruited according to the Decision of the Director of Administrative Affairs if working in administrative departments and of the Director of Military Affairs if assisting in military departments and the Office.

Article 9. - To be recruited as national defense personnel, the following conditions must be met:

- Hold Vietnamese nationality,

- Be at least 18 years old,

- Not have lost citizenship rights and have good conduct,

- Meet educational qualifications or capabilities as stipulated in Article 10 below,

- Have a certificate from a doctor or physician certifying fitness for work,

Article 10. - Recruitment into ranks will be based on educational qualifications or capabilities. Personnel may choose the most favorable standard for their rank classification.

Regarding educational qualifications, the following standards apply:

Inspector rank, Level 1: Doctorate, medical degree, or equivalent.

Those with qualifications equivalent to a Master's degree in Law or Medicine, or a Senior Engineer will be directly recruited into Level 4.

Examiner rank, Level 1: Bachelor's degree or equivalent.

Assistant rank, Level 1: Intermediate level or equivalent.

Clerk rank, Level 1: High school diploma or equivalent.

Officer rank: Those with a basic elementary education will be directly recruited into Level 2.

Regarding capabilities, the following standards apply:

Inspector rank: Those capable of managing work of a nationwide nature.

Examiner rank: Those capable of managing a department or specialized field equivalent to the scope of a department.

Assistant rank: Those capable of managing a section.

Clerk rank: Those capable of recognized work.

Officer rank: Those capable of assisting executive personnel.

Rank classification based on capability will be decided on a case-by-case basis.

Article 11. - Before being recruited into the main rank, personnel must undergo a probationary period of six months to one year.

During the probationary period, personnel will be assigned to a lower level than the one they were recruited for or to the final level of the rank, depending on the situation.

Upon completion of the probationary period, personnel will officially be assigned to the rank and may:

1. Be promoted to a higher level

2. Remain at the previous level

3. Be demoted to a lower level or rank.

Article 12. - Conscripted personnel will be assigned to a rank level corresponding to those with equivalent educational qualifications or capabilities during the probationary period. If the conscription period exceeds one year, although retaining the conscript status, the one-year period will be counted as a probationary period for promotion to a higher level.

Upon expiration of the conscription period, if voluntarily joining the regular ranks, personnel will remain at their previous level according to general regulations.

Article 13. - War veterans wishing to be recruited will be given priority if they meet the required conditions and capabilities or educational qualifications.

Article 14. - Recruitment of mountainous ethnic personnel will be decided on a case-by-case basis.

Article 15. - Personnel from other ministries or former Ministry of National Defense personnel who have been out of work for a period and wish to rejoin, if meeting the required conditions and accepted, will be assigned to a new rank with a level equivalent to their previous rank.

If recruited for a job significantly different from their previous position, the general regulations will apply.

2. Promotion - Transfer - Appointment - Reassignment

Article 16. - The minimum tenure requirement for promotion to a higher level is two years, except in the cases mentioned in Articles 11 and 12.

Article 17. - For personnel with outstanding achievements and special merits, they may be specially promoted ahead of the regular schedule.

Article 18. - For personnel who have served in the military, the time spent in service will be counted towards their tenure in their current rank level.

If this tenure reaches two years, personnel will automatically be promoted to a higher level.

Article 19. - There are two promotion award periods each year on January 6, commemorating the first General Election, and August 19, commemorating the August Revolution.

Article 20. - The promotion award dossier for employees from the rank of Clerk upwards shall be reviewed by a Promotion Award Council. The Promotion Award Council consists of:

1 Representative of the Minister...Chairperson

1 Director-General or Department Head...member

1 employee selected from ranks of

Clerk and above from Departments and Directorates...member

This Council shall be appointed by the Minister's Decree. In addition to the three main members, three additional alternate members will also be appointed.

The Council will convene to review promotion award proposals and rank the proposed employees into separate lists according to their ranks, each list for each submitted rank, to be submitted to the Minister for consideration and issuance of a promotion award decree.

Article 21. - The promotion award dossier for employees at the Assistant Clerk rank shall be reviewed by a Promotion Award Council.

The Promotion Award Council in the Administrative Departments shall be appointed by the Administrative Chief and consist of:

1 Representative of the Administrative Chief...Chairperson

1 employee from the rank of Clerk and above...member

1 employee from the rank of Assistant Clerk chosen from the Administrative Departments...member

The Promotion Award Council in the Military Affairs Departments and Office shall be appointed by the Military Affairs Chief and consist of:

1 Representative of the Military Affairs Chief...Chairperson

1 employee from the rank of Clerk and above chosen from the Military Affairs Departments or Office...member

1 employee from the rank of Assistant Clerk chosen from the Military Affairs Departments

or Office...member

The Promotion Award Council in each Department or Directorate shall be appointed by the Department Director or Directorate Head and consist of:

1 Representative of the Directorate Head or Department Director...Chairperson

1 employee selected from the ranks of Clerk and above within the Directorate or Department...member

1 employee selected from the ranks of Assistant Clerk within the Directorate or Department...member

These appointment decisions must be approved by the Minister.

The Council will convene to review promotion award proposals and rank the proposed employees into a single list according to their ranks, to be submitted to the Directorate Head, Department Director, Military Affairs Chief, or Administrative Chief for decision.

The decision must be approved by the Ministry before implementation.

Article 22. - Employees at any rank may apply through a professional examination to move up to a higher rank.

The method, program, and examination procedures will be determined later.

Article 23. - Employees recruited prior to the signing date of this Decree will be transferred to new ranks and levels based on the aforementioned criteria.

Article 24. - The transfer dossier for employees from the rank of Clerk and above shall be reviewed by a Transfer Council. The Transfer Council consists of:

1 Representative of the Minister...Chairperson

1 Director-General or Department Head...member

1 employee from the level of Section Chief and above within the Ministry...member

2 employees chosen from Directorates and 2 employees chosen from Departments from the level of Section Chief and above...member

This Council shall be appointed by the Minister's Decree, and in addition to the seven main members, seven additional alternate members will also be appointed.

The discussions of the Council must have at least five people present to be valid.

The Council will convene to review transfer proposals, create separate lists for each rank, and submit them to the Minister for consideration and issuance of a transfer decree.

Article 25. - The transfer dossier for employees at the Assistant Clerk rank shall be reviewed by a Transfer Council.

The Transfer Council in the Administrative Departments shall be appointed by the Administrative Chief and consist of:

1 Representative of the Administrative Chief...Chairperson

1 employee chosen from the level of Section Chief and above within the Administrative Departments...member

1 employee below the level of Section Chief within the Administrative Departments...member

The Transfer Council in the Military Affairs Departments and Office shall be appointed by the Military Affairs Chief and consist of:

1 Representative of the Military Affairs Chief...Chairperson

1 employee chosen from the level of Section Chief within the Military Affairs Departments or Office...member

1 employee below the level of Section Chief within the Military Affairs Departments or Office...member

The Transfer Council in each Directorate or Department shall be appointed by the Directorate Head or Department Director and consist of:

1 Representative of the Directorate Head or Department Director...Chairperson

1 employee chosen from the level of Section Chief and above within the Directorate or Department...member

1 employee chosen from the level below Section Chief within the Directorate or Department...member

The decisions of these Councils must be approved by the Minister.

The Council will convene to review transfer proposals and rank the proposed employees into a single list according to their ranks, to be submitted to the Directorate Head, Department Director, Military Affairs Chief, or Administrative Chief for decision. This decision must be approved by the Minister before implementation.

Article 26. - The appointment and transfer of employees at fixed ranks shall be as follows:

Employees at the Assistant Clerk rank shall be appointed and transferred by the Directorate Head or Department Director. When transferring from one Directorate or Department to another, it must be decided jointly by the respective Directorate Heads and Department Directors.

Employees at the Clerk and Assistant Clerk ranks shall be appointed and transferred by the Directorate Head or Department Director, except in the following cases:

- Transferring from one Directorate or Department to another shall be decided jointly by the respective Directorate Heads or Department Directors.

Appointments to positions at the level of Section Chief and above must be decided by the Minister.

Employees at the Inspector and Auditor ranks shall be appointed and transferred by the Minister.

Matters decided at the Directorate or Department level by the Directorate Head or Department Director shall be decided at the Ministry level by the Administrative Chief for employees in Administrative Departments, and by the Military Affairs Chief for employees in the Office and Management Departments.

3. Leave - Resignation

Article 27. - Each year, without hindering work, each employee may take thirty days (30) of leave with full salary and all allowances, including travel time from the workplace to the place of leave.

Article 28. - Sick employees will be treated at military hospitals and dispensaries and will pay living expenses like military personnel. However, commonly used medicines in hospitals and additional food costs, if deemed necessary by the doctor, will be covered by public funds.

Article 29. - If sick and unable to work, employees who have worked for at least one year may take three months of leave with full salary, increment, and family allowance upon the doctor's recommendation.

After three months, if still unable to work, the employee may take another three months of leave with full salary, increment, and family allowance.

Beyond six months, if still unable to work, the employee will be considered to be on long-term unpaid leave.

For employees who have not worked for one year, when sick, they can only take two months of sick leave with full salary, increment, and family allowance.

After two months, if still unable to work, the employee will be considered to be on long-term unpaid leave.

Article 30. - Female employees during pregnancy shall be entitled to a two-month leave with full salary and all allowances.

Article 31. - If work is not hindered, employees may request extended leave for up to three years (3) in consecutive periods of at least three months. During extended leave, employees shall not receive wages. After three years, if the employee does not request to continue working, it shall be deemed as resignation.

The period of extended leave shall not be counted towards seniority.

Article 32. - Procedures for leave and recruitment procedures

Article 33. - When an employee dies while in service, relatives shall be provided with the following assistance:

If the employee has worked from one day to six months, the amount of assistance will be half a month's basic salary and the final month's increase ratio, and for each additional period of work from one day to six months, the assistance amount will increase by half a month's basic salary and the final month's increase ratio.

The maximum amount of assistance shall not exceed six months' basic salary and the final month's increase ratio.

This amount of assistance shall only be granted to the spouse (or husband). If the wife dies, it shall be granted to the child; if there is no spouse or child, it shall be granted to the parent.

For employees who sacrifice their lives due to official duties, the amount of assistance for relatives shall be doubled according to the above regulations.

Article 34. - Except in cases of criminal offenses, disciplinary violations leading to dismissal, or voluntary resignation accepted, employees who resign for other reasons shall receive a severance payment equal to one month's basic salary and the final month's increase ratio if they have worked for less than one year, and two months' basic salary and the final month's increase ratio if they have worked for more than one year.

PART III

Retirement benefits - seniority requirement

Article 35. - Defense personnel shall follow the general retirement benefit system. Cases where individuals do not meet the conditions for retirement benefits shall be resolved later.

Article 36. - Pending the implementation of such a system, regular staff members, excluding probationary and conscripted personnel, shall contribute monthly to the retirement fund an amount equivalent to 10% of their basic salary, excluding annual increases.

Article 37. - Seniority shall be calculated from September 2, 1945, the date of independence declaration, or from the date of employment if hired after September 2, 1945.

PART IV

Disciplinary Measures

Article 38. - Defense Ministry employees who unjustly abandon their posts shall be treated as deserting soldiers and prosecuted before a military court.

Article 39. - Employees violating discipline may be brought before a disciplinary board.

The composition, procedures, and powers of the disciplinary board shall be determined later.

Employees who violate rules have the right to review their files to defend themselves.

Article 40. - Employees who are prosecuted may be suspended from duty.

If found guilty by the court, suspension shall be converted to dismissal from the date of suspension.

If acquitted, the employee may claim back the salary and allowances from the date of suspension, except in cases where, although legally innocent or exonerated, they are still dismissed or subjected to another form of disciplinary punishment.

PART V

Temporary employees

Article 41. - In cases requiring temporary assistance, temporary employees may be recruited.

The conditions and procedures for recruiting temporary employees shall be specified later.

PART VI

General Provisions

Article 42. - This Decree shall take effect on May 1, 1949.

Article 43. - Decree No. 57-NĐ/CB dated August 16, 1947, and previous regulations inconsistent with this Decree are hereby abolished.

Article 44. - The Chief of Military Affairs, the Chief of Civil Affairs of the Ministry of National Defense, the Directors of Departments, and the Heads of Offices shall implement this Decree accordingly./.