Luật quân nhân chuyên nghiệp, công nhân và viên chức quốc phòng số 98/2015/QH13

NATIONAL ASSEMBLY -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 98/2015/QH13	Hanoi, November 26, 2015

 

LAW

PROFESSIONAL SERVICEMEN AND WOMEN, NATIONAL DEFENSE WORKERS AND OFFICIALS

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on professional servicemen and women (hereinafter referred to as ‘servicemen’), National defense workers and official;

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

This Law stipulates professional servicemen, National defense workers and officials; rights, obligations, service regimes, policies, benefits for professional servicemen, National defense workers and officials; responsibility and authority of relevant agencies, organizations, and individuals;

Article 2. Interpretation of terms

In this Law, some terms are construed as follows:

1. Professional servicemen refer to Vietnamese citizens who are technically and professionally qualified to serve for the People’s Army, being recruited and granted rank of professional servicemen;

2. National defense workers and officials refer to Vietnamese citizens who are technically and professionally qualified to serve for the People’s Army by position or business title but not defined as those eligible for ranks of officers, professional servicemen, non-commissioned officers, soldiers.

3. Professional servicemen on active service refer to professional servicemen who are serving in the standing force of the People’s Army.

4. Reserve professional servicemen refer to Vietnamese citizens who are technically and professionally qualified to serve in reserve forces of the People’s Army as stipulated by this Law.

5. Fighters refer to professional servicemen on active service who are directly ordered to be ready for a combat, to combat.

Article 3. Positions, functions of professional servicemen, National defense workers and officials

1. Professional servicemen are core forces of the technical and professional team ensuring leadership, commanding and management tasks; execute ready-to-combat, combat roles, combat services and other duties in the army.

2. National defense workers are key paid labor force of the People’s Army performing duties in production facilities, repairing and keeping weapons and military technical equipment in good conditions; guarantee and engage in ready-to-combat, combat roles and other duties in the army.

3. National defense officials are paid technical and professional body of the People’s Army performing duties in research, education, training, and cultural agencies, facilities, army medical units and public service providers affiliated to the Ministry of National Defense.

Article 4. Principles of management and employment of professional servicemen, National defense workers and officials

1. Ensure absolute leadership of the Communist Party, supremacy of State president, overall management of the Government and direct command and management of the Minister of National Defense;

2. Exercise principles of democratic centralism, responsibility of the leader, assignment and decentralization in management;

3. Manage and use personnel in accordance with standards and titles;

4. Assessment of professional servicemen, National defense workers and officials shall be based on political credentials, ethics, qualifications and performance;

Article 5. Arrangement of professional servicemen, National defense workers and officials

1. Each position and title in the regular organization of the People’s Army shall be defined only on the basis that such individuals are professional servicemen, National defense workers and officials.

2. Based on regulations of Article 3 hereof, the Minister of National Defense shall stipulate arrangement and use of professional servicemen, National defense workers and officials.

Article 6. Rights and obligations of professional servicemen, National defense workers and officials

1. Rights:

a) Be entitled to material and spiritual lives, benefits, preferential policies guaranteed by the State in accordance with nature of duties of the People’s Army;

b) Be entitled to training for enhancement of knowledge of politics, military, laws, technical and professional levels in accordance with position and title held;

c) Other rights as prescribed;

2. Obligations of professional servicemen, National defense workers and officials:

a) Be absolutely faithful to the Fatherland, the People, the Communist Party and the State of Vietnam;

b) Comply strictly with policies of the Party, policies and laws of the State, military disciplines and be ready to complete assigned duties;

c) Absolutely obey upper-level commands; make immediate report to the commander upon finding the given order in opposition to the law, rules and regulations of the People’s Army; in case of being forced to carry out such order, make early report to the person immediately superior to the person issuing the order and not responsible for the consequences of taking such order;

d) Protect properties and interests of the State, army, agencies, and organizations; protect lives, health, properties, lawful rights and interests of individuals;

dd) Study politics, military, laws, culture, science and technology, professional competence; enhance political and fighting skill and spirit;

e) Professional servicemen shall be ready to perform the tasks of fighting and sacrificing lives for independence, sovereignty and territorial integrity of the country; protect the People, the Party, the State and the socialist regime; perform international duties and comply with regulations of the People’s Army and other regulations in accordance with the Constitution and Laws;

g) National defense workers must perform labor duties, comply with labor regulations as prescribed; national defense officials must perform obligations as prescribed in the Law on Public Employees.

Article 7. Things professional servicemen, National defense workers and officials not allowed to do

1. Oppose orders; avoid or make excuses to avoid assigned duties;

2. Take advantage of positions and assigned duties to invade interests of the country, lawful rights and interests of agencies, organizations, and individuals;

3. Do things in opposition to the law, regulations and disciplines of the People’s Army;

4. Other things as prescribed;

Article 8. Principles of selection, recruitment of professional servicemen, National defense workers and officials

1. Selection and recruitment of professional servicemen, National defense workers and officials shall be based on duties and payroll of the People’s Army.

2. Ensure democracy, fairness, public disclosure, transparency, gender equality and full compliance with laws;

3. Have high opinions of the responsibility of heads of agencies, units;

4. Ensure right job positions and qualifications;

5. Give priority to selection and recruitment of non-commissioned officers, soldiers who have had great achievements in the service of the People’s Army; persons of great technical and professional competence; talented persons; ethnics;

Article 9. Assessment of professional servicemen, National defense workers and officials

1. The purpose of assessing professional servicemen, National defense workers and officials is to determine political credentials, ethics, qualifications and performance;

Assessment results are foundations for arrangement, employment, training, commendation, disciplines and policies for professional servicemen, National defense workers and officials;

2. Professional servicemen, National defense workers and officials shall be classified on the basis of assessment results, specifically as follows:

a) Achieve outstanding results in performing assigned duties;

b) Achieve good results in performing assigned duties;

c) Complete assigned duties;

d) Fail to complete assigned duties;

3. The Minister of National Defense shall detail this Article.

Article 10. Powers to make decisions on professional servicemen, National defense workers and officials

1. The Minister of National Defense shall decide to promote ranks of professional servicemen; increase salaries and promote ranks to senior lieutenant-colonel as professional servicemen; increase salaries of National defense workers and officials to level of pay received by senior lieutenant-colonel as professional servicemen; prolong service ages, allow retirement from army services for professional servicemen of senior lieutenant-colonel ranks, national defense workers and officials having equivalent pay; professional servicemen on temporary assignment.

2. The Minister of National Defense shall define sequence and procedures on selection, recruitment, grading, promotion, enhancement and shift of titles of professional servicemen; grade, upgrade, shift job positions of National defense workers and officials; commanding authority of affiliates to the Ministry of National Defense; sequence and procedures on increasing pay, promotion of military ranks, allowing retirement from army services for professional servicemen, National defense workers and officials outside the scope as defined in Clause 1, this Article.

Article 11. Complaints and handling of complaints made by professional servicemen, National defense workers and officials

1. Professional servicemen, National defense workers and officials may lodge complaints upon finding the commander performs duties beyond his authority or make decisions in opposition to regulations of the People’s Army invading their own lawful rights and interests.

The commander shall be responsible for receiving, considering and handling complaints within competence, sequence and procedures as prescribed by the Minister of National Defense.

2. Exercise other rights as prescribed;

Article 12. International cooperation in the construction of professional servicemen, National defense workers and officials

1. International cooperation in the construction of the force of professional servicemen, National defense workers and officials should be based on the principles of respecting independence, sovereignty, equality for mutual interests, not interfering in each other’s internal affairs in accordance with Vietnam laws and international treaty of which Vietnam is a signatory, ensuring state secrets.

2. Manners of international cooperation in the construction of the force of professional servicemen, national defense workers and officials:

a) Training, scientific research, workshops, exchange of information and documentation;

b) Participation in exercises, seminars and international competitions;

c) Exchange of experts;

Article 13. Uniforms and insignias and identity cards of professional servicemen, National defense workers and officials

1. Professional servicemen shall be granted uniforms, insignias and identity cards of professional servicemen.

2. National defense workers and officials shall be granted uniforms and identity cards of national defense workers and officials.

3. The Government shall detail this Article.

Chapter II

PROFESSIONAL SERVICEMEN’S SERVICE REGIME

Section 1. SELECTION AND RECRUITMENT OF PROFESSIONAL SERVICEMEN

Article 14. Selection and recruitment of professional servicemen

1. Subjects to be selected:

a) Officers of the Vietnam People’s Army with current positions as officers being no longer required in case of change of personnel structure;

b) Non-commissioned officers, soldiers who are no longer on active service, currently serving on probation in the army;

c) National defense workers and officials;

2. Subjects to be recruited:

Vietnamese citizens outside the scope as prescribed in Clause 1, this Article, permanently residing in Vietnam, aged from 18 and over;

3. Qualifications for selection and recruitment:

a) Have political and ethical credentials, good health, clear curriculum vitae and volunteer to serve in the army;

b) Have degrees, certificates of technical and professional competence in accordance with titles of professional servicemen;

4. Manner of selection and recruitment is examination. Those who have had excellent university degrees or high-level technical and professional competence shall be selected and recruited via examination.

Article 15. Grading, promotion and shifting titles of professional servicemen

1. Professional servicemen who have technical and professional competence in accordance with titles currently held shall be graded as follows:

a) High-ranking group (Group I) composed of professional servicemen having university degrees and over; high-ranking group (Group II) composed of professional servicemen having college degrees;

b) Middle-ranking group composed of professional servicemen having intermediate professional degrees;

c) Primary-ranking group consisted of professional servicemen having primary certificates;

2. Professional servicemen who have successfully completed assigned duties, have political and ethical credentials, have appropriate degrees and qualifications to hold titles similar to professional servicemen of higher ranks in the same technical and professional area shall be considered for promotion;

3. In case of need, professional servicemen may be considered for a shift to new titles if they meet professional requirements of such titles.

Section 2. PROFESSIONAL SERVICEMEN ON ACTIVE SERVICE

Article 16. Military ranks of professional servicemen

1. Military ranks of professional servicemen are defined in proportion to technical and professional competence and pay level, including:

a) Senior lieutenant-colonel;

b) Lieutenant-colonel;

c) Major;

d) Captain;

dd) Senior lieutenant;

e) Lieutenant;

g) Second lieutenant;

2. Highest ranks of professional servicemen are composed of:

a) Senior lieutenant-colonel (high-ranking);

b) Lieutenant – colonel (middle-ranking);

c) Major (primary-ranking);

3. The Minister of National Defense shall define ranks of professional servicemen in proportion to pay level.

Article 17. Duration and age limit for active services for professional servicemen

1. Duration of active service during peace time:

a) At least six years since the decision to convert into a professional serviceman is issued;

b) To the end of age limit as prescribed in Clause 2, this Article;

2. Maximum age limit for active service by rank:

a) Company grade: male (52 years old), female (52 years old);

b) Major, lieutenant-colonel: male (54 years old), female (54 years old);

c) Senior lieutenant-colonel: male (56 years old), female (55 years old);

3. Professional servicemen who have high technical and professional level, adequate political and ethical credentials, good health and volunteer to join the army shall be considered for extension of age limit for active service but no more than five years.

4. Any fighter who turns 40 shall be given priority in training and arrangement of other appropriate jobs or change to other occupations. Any fighter who has paid social insurance for 20 years of which 15 years as a fighter shall be eligible for retirement if being unable to serve in the army or unable to be changed to other occupations.

List of fighter titles shall be defined by the Minister of National Defense.

Article 18. Granting and promotion of ranks of professional servicemen

1. Non-commissioned officers, soldiers graduating from technical and professional competence training programs at the army’s education and training establishments; subjects as prescribed in Clauses 1 and 2, Article 14 hereof being selected, recruited as professional servicemen shall be entitled to salary and corresponding military ranks.

2. Professional servicemen shall be eligible for promotion of ranks if their salary is in proportion to salary of higher ranks.

Article 19. Professional servicemen on temporary assignment

1. Based on military and national defense requirements, professional servicemen on active service shall be sent on temporary assignment to non-army agencies, organizations decided by competent authorities.

2. Professional servicemen on temporary assignment shall be entitled to the same benefits as professional servicemen on active service.

3. Agencies and organizations on temporary assignment shall be responsible for assigning duties and ensuring benefits to professional servicemen on temporary assignment as prescribed.

Section 3. RETIREMENT FROM ACTIVE SERVICE FOR PROFESSIONAL SERVICEMEN

Article 20. Cases of retirement from active service

Following is one of the cases eligible for retirement from active service:

1. Service duration expires as prescribed in Point a, Clause 1, Article 17 hereof;

2. Volunteer to retire from active service after six years in service as a professional serviceman and that is accepted by competent authorities;

3. Maximum age limit expires as prescribed in Clause 2, Article 17 hereof;

4. Cases as prescribed in Clause 4, Article 17 hereof but no longer able to be employed by the army;

5. No longer able to be employed by the army after personnel structure is changed;

6. Political and ethical credentials fail to meet requirements or fail to complete duties for two consecutive years as prescribed in Point d, Clause 2, Article 9 hereof;

7. Health no longer meets requirements.

Article 21. Manners of retirement from active service

1. Retirement;

2. Demobilization;

3. Retirement under policies on sick soldiers;

4. Changed to other occupations;

Article 22. Requirements for retirement from active service

1. Followings are one of the cases eligible for retirement:

a) Maximum age limit expires as prescribed in Clause 2, Article 17 hereof and have paid social insurance for at least 20 years;

b) Professional servicemen are no longer able to be employed after 25 years (in case of male) or 20 years (in case of female) in service due to changes of personnel structure;

c) Cases as prescribed in Clause 4, Article 17 hereof;

2. Professional servicemen shall be eligible for retirement under policies on sick soldiers if health declines as prescribed.

3. Professional servicemen on active service may be transferred to other occupations if accepted by competent authorities and received by agencies, organizations where the professional serviceman is transferred to.

4. Professional servicemen outside the scope as prescribed in Clauses 1, 2 and 3, this Article shall be demobilized.

Section 4. PROFESSIONAL SERVICEMEN ON PROBATION

Article 23. Maximum age limit for professional servicemen to serve on probation

1. Junior commissioned officer: 54 years old;

2. Major, lieutenant-colonel: 56 years old;

3. Senior lieutenant-colonel: 58 years old;

Article 24. Registration for professional servicemen on probation

1. Professional servicemen who retire from active service and remain in the age of serving on probation as prescribed in Article 23 hereof.

2. Non-commissioned officers, soldiers on probation who meet the army’s technical and professional requirements;

3. Male citizens within the age of military service who are yet to be on active service, have graduated from vocational education institutions, universities and met the army’s technical and professional requirements;

Article 25. Training for professional servicemen on probation

1. Professional servicemen on probation should participate in training, drills and ready for being conscripted and fighting for no more than 12 months.

2. Annually, the Prime Minister shall make decision on the number of professional servicemen on probation called up for training, drills, ready for being conscripted and fighting.

3. The Minister of National Defense shall make decision on the number of professional servicemen on probation conscripted into armies; the number of times of training and training duration per time; between the times of training, professional servicemen on probation may be called up for training, drills, ready for being conscripted and fighting for no more than seven days. In case of need, professional servicemen shall be retained for training for no more than two months but total time should not exceed the time as prescribed in Clause 1, this Article.

Article 26. Granting and promotion of ranks of professional servicemen on probation

Granting and promotion of ranks of professional servicemen on probation are instructed in Articles 10, 18, hereof.

Article 27. Professional servicemen on probation to be discharged from service

Professional servicemen who exceed the age limit as prescribed in Article 23 hereof or no longer meet health requirements to serve on probation shall be discharged according to the Decision issued by Commander of district-level Military Command Committee.

Chapter III

SERVICE REGIME OF NATIONAL DEFENSE WORKERS AND OFFICIALS

Section 1. SELECTION, RECRUITMENT OF NATIONAL DEFENSE WORKERS AND OFFICIALS

Article 28. Selection, recruitment of national defense workers and officials

1. Subjects to be selected:

a) Officers of Vietnam People’s Army, professional servicemen with current job positions no longer needed;

b) Non-commissioned officers, soldiers no longer on active service;

2. Subjects to be recruited:

Vietnamese citizens outside the scope as prescribed in Clause 1, this Article, permanently residing in Vietnam, aged from 18 and over.

3. Requirements for selection and recruitment:

a) Have political and ethical credentials, good health, clear curriculum vitae and volunteer to serve in the army;

b) Have technical and professional degrees, diplomas, or skills appropriate to job positions (with respect to national defense workers) or titles (with respect to national defense officials);

4. Manner of selection, recruitment is examination. Those who have had excellent university degrees or high technical and professional levels, won prizes in national and international workmanship contests shall be selected, recruited via examinations.

Article 29. Grading, promotion for national defense workers

1. National defense workers are graded as follows:

a) Type A composed of national defense workers having college degrees and accredited as Practical Bachelor or Practical Engineer;

b) Type B composed of national defense workers having intermediate professional degrees and corresponding occupational skill levels;

c) Type C composed of national defense workers having primary certificates and corresponding occupational skill levels;

2. If required by armies, national defense workers shall be examined for promotion if having successfully completed assigned duties; have political and ethical credentials; have capacity to undertake jobs of higher level in the same profession and occupation; have appropriate degrees;

3. The Government shall stipulate occupational skill levels, requirements for promotion for national defense workers.

Article 30. Job titles, appointment, changes of job titles of national defense officials

1. Job titles of national defense officials express technical and professional qualification in each area.

The Minister of National Defense shall define lists, standards and codes of job titles of national defense officials after reaching agreement with the Ministry of Home Affairs.

2. Appointment and change of job titles of national defense officials shall be carried out on the basis of army requirements and duties, and according to the Law on Public Employees.

Section 2. SERVICES AND RETIREMENT FROM MILITARY SERVICE FOR NATIONAL DEFENSE WORKERS AND OFFICIALS

Article 31. Maximum service age limit

1. Male: 60 years old

2. Female: 55 years old

Article 32. Retirement from military service for national defense workers and officials

1. Maximum service age limit expires as prescribed in Article 31 hereof;

2. No longer able to be employed by the army after personnel structure is changed;

3. Political and ethical credentials fail to meet requirements or fail to complete duties for two consecutive years as prescribed in Point d, Clause 2, Article 9 hereof;

4. Health no longer meets requirements.

5. Volunteer to retire from military service and accepted by competent authorities;

Article 33. Manner of retirement from military service

1. Retirement;

2. Transferred to other occupations;

3. Resignation

Article 34. Requirements for retirement from military service

1. National defense workers and officials shall be eligible for retirement in one of the following cases:

a) Meeting requirements of the Law on social insurance;

b) Have served as national defense worker for 15 years and have paid social insurance for 20 years (Male 50 years of age, female 45)

c) National defense workers and officials who fail to meet requirements for retirement as prescribed in Points a, b, this Clause, reaching from 55 to under 60 years of age (male) or from 50 to under 55 years of age (female), have paid social insurance for 20 years shall be eligible for retirement.

2. National defense workers and officials shall be transferred to other occupations if accepted by competent authorities and received by receiving agencies, organizations.

3. National defense workers and officials shall be eligible for resignation in following cases:

a) Volunteer to resign from military service and accepted by competent authorities even though service age as prescribed in Article 31 hereof remains unexpired;

b) No longer able to be employed by the army after personnel structure is changed and not prescribed in Point c, Clauses 1 and 2, this Article;

c) Cases as prescribed in Clauses 3 and 4, Article 32 hereof, not qualified for retirement;

Chapter IV

BENEFITS AND POLICIES ON PROFESSIONAL SERVICEMEN, NATIONAL DEFENSE WORKERS AND OFFICIALS

Article 35. Training

1. Content, programs, manner and time of training for professional servicemen, National defense workers and officials shall be based on requirements for personnel structure of the People’s Army, job title standards, job positions and occupational titles.

2. The Minister of National Defense shall define the content, programs, manner of training after reaching agreement with the Ministry of Education and Training and other relevant ministries, sectors.

3. Professional servicemen, National defense workers and officials shall have following obligations and benefits during the time of training:

a) Comply strictly with regulations on training and disciplines of the army; and be subject to management by education and training establishments;

b) Enjoy full pay, allowances; have service time added to military service time as foundations for pay increase and promotion of ranks;

Article 36. Pay, allowances, housing and conditions for implementation of duties by professional servicemen, National defense workers and officials

1. Pay of professional servicemen, National defense workers and officials Nature is based on training level, job titles, job position in accordance with nature and duty of armies.

2. Professional servicemen, National defense workers and officials shall enjoy allowances as follows:

a) Seniority pay (based on existing pay and service time in standing force of the army as prescribed)

b) Allowances (the same as cadres, officials and civil servants having the same working conditions);

c) Allowances (in accordance with typical military operation nature);

3. Professional servicemen, National defense workers and officials shall be entitled to policies on social housing support; lease of official residences according to laws.

4. Professional servicemen, National defense workers and officials shall be entitled to allowances for housing.

5. The Government shall detail this Article.

Article 37. Increasing pay for professional servicemen, national defense workers and officials

1. Professional servicemen, National defense workers and officials shall be eligible for pay increase if meeting requirements for political and ethical credentials, technical and professional qualifications and period for pay increase.

2. Pay raise shall be made at only one level at a time; if particularly outstanding achievements are made in the fight and performance of duties, pay raise may be made ahead of time, or in excess of normal raise rate. If violations of disciplines of the army or the law are detected during the pay raise review period (the period when pay raise is reviewed), depending on nature and severity of violations, the pay raise review period may be prolonged.

3. The Government shall detail this Article.

Article 38. Rest breaks for professional servicemen, national defense workers and officials

1. Professional servicemen, National defense workers and officials shall be entitled to rest breaks according to the Labor Code and regulations of the Ministry of National Defense. In case duties require working on annual holidays, professional servicemen, National defense workers and officials shall be paid an extra amount for working on such holidays in addition to normal pay.

2. Upon conscription during war time or in case of national emergencies, the Minister of National Defense shall order suspension of all rest breaks; professional servicemen, National defense workers and officials who are on their rest breaks shall return to their units.

Article 39. Provision of health care to professional servicemen, National defense workers and officials serving in the army and their relatives

1. Professional servicemen, National defense workers and officials serving in the army shall be entitled to health care; in case of injury, sickness, accidents, occupational risks occurring far away from army medical facilities or diseases that can not be cured by army medical facilities, professional servicemen, National defense workers and officials shall be entitled to free medical examination and treatment at other medical facilities and other benefits according to laws.

2. Natural parents; parents-in-law; husband or wife; legal caretakers of husband or wife; natural children, legal adopted children aged under 18 of professional servicemen on active service shall be entitled to medical insurance according to laws.

3. Relatives of National defense workers and officials serving in the army having no medical insurance shall be entitled to medical insurance according to laws.

Article 40. Benefits, policies for professional servicemen retiring from active service

1. Retired professional servicemen:

a) Retirement pension is instructed in the Law on Social Insurance and this Law;

b) In case of retirement ahead of maximum age limit by rank as prescribed in Clause 2, Article 17 hereof due to changes of personnel structure and being no longer needed by the army, retired professional servicemen shall be entitled to one-time benefit in addition to social insurance benefits as prescribed by laws.

c) Favored by local authorities with conditions for stabilizing living; be entitled to social housing according to laws if residency is not available;

2. Professional servicemen transferred to other areas:

a) Have pay level, seniority pay reserved at the time of change of occupation for a period of 18 months;

b) Be entitled to seniority pay after retirement based on active service period and existing pay level; In case existing pay is lower than pay level of professional servicemen at the time of change of occupation, retirement pension shall be based on pay level at the time of change of occupation according to laws;

3. Demobilized professional servicemen:

a) Be entitled to one-time benefit for job seeking; have time of participation in social insurance reserved or receive one-time benefits from social insurance fund according to laws;

b) Be entitled to medical examination and treatment at army medical facilities if having at least 15 years on active service according to regulations of the Ministry of National Defense;

c) Receive favor in examinations to select officials and civil servants;

d) Be entitled to benefits and policies as prescribed in Point c, Clause 1, this Article;

4. Professional servicemen retiring under policies on sick soldiers:

a) Be entitled to preferential treatment with respect to people with meritorious services to the Revolution and social insurance benefits according to Law on Social insurance;

b) Be entitled to benefits and policies as prescribed in Point c, Clause 1, this Article;

5. The time of joining the fight, serving the fight or working in the areas of hardship, or in the areas of special nature shall be based on to determine benefits for retirement from active service;

6. Professional servicemen retiring from active service may use uniforms, military badges, insignia in traditional ceremonies and meetings of the army.

7. The Government shall detail Points a, b, Clause 1, Points a and c, Clauses 3 and 5 of this Article.

Article 41. Benefits and policies for national defense workers and officials retiring from military service

1. Retired national defense workers and officials:

a) Retirement pension is instructed in the Law on Social Insurance and this Law;

b) In case of retirement ahead of maximum age limit as prescribed in Article 31 hereof due to changes of personnel structure and being no longer be needed by the army, retired professional servicemen shall be entitled to one-time benefit in addition to social insurance benefits as prescribed by laws.

c) Favored by local authorities with conditions for stabilizing living; be entitled to social housing according to laws if residency is not available;

2. National defense workers and officials changed to other occupations:

b) Be entitled to seniority pay upon retirement based on active service period and existing pay level; In case existing pay is lower than pay level of national defense workers and officials at the time of change of occupation, retirement pension shall be based on pay level at the time of change of occupation according to laws;

c) In case of returning to military service due to pressing duties, the time of changing occupations shall be included in the continuous working time as foundations for reviewing pay raise and seniority.

3. National defense workers and officials resigning:

a) Be entitled to severance pay according to laws;

b) In case of resignation while requirements for entitlement to retirement pension or one-time social insurance benefit are not met, the time of participation in social insurance shall be reserved or one-time benefits from social insurance fund be granted according to laws.

b) Be entitled to benefits and policies as prescribed in Point c, Clause 1, this Article;

d) National defense workers and officials who resign within working age shall receive favor in examinations to select officials and civil servants.

4. The time of joining the fight, serving the fight or working in the areas of hardship, or in the areas of special nature shall be based on to determine benefits for retirement from the army;

5. The Government shall detail Points a, b, Clauses 1 and 4 of this Article.

Article 42. Benefits, policies for professional servicemen, National defense workers and officials having injuries, sacrificing their lives or dying during military service time

1. Professional servicemen and national workers and officials shall be entitled to policies on war invalids if having injuries during missions;

2. Relatives of professional servicemen, National defense workers and officials who sacrifice their lives shall be entitled to all benefits according to the Law on Preferential treatment to people with meritorious services to the Revolution, social insurance benefits according to the Law on Social Insurance and one-time benefit.

3. Relatives of professional servicemen, National defense workers and officials who die shall be entitled to benefits, policies according to the Law on social insurance and one-time benefit.

4. The Government shall prescribe one-time benefits in Clauses 2 and 3, this Article.

Article 43. Benefits, policies for professional servicemen on temporary assignments

1. Professional servicemen on temporary assignments who register for military service, physical examination and check-ups for military service shall have travel and accommodations fully covered.

2. Professional servicemen on temporary assignment who are currently working in agencies, organizations shall receive full pay and existing allowances during the time of registration for military service, physical examination and check-ups for military service.

3. During the time of training, drills and examinations ready for conscription and fighting, professional servicemen on temporary assignments and their relatives shall be entitled to benefits and policies according to laws.

Chapter V

RESPONSIBILITY AND AUTHORITY OF AGENCIES AND ORGANIZATIONS

Article 44. State administration agencies for professional servicemen, National defense workers and officials

1. The Government shall unify state administration on professional servicemen, National defense workers and officials.

2. The Ministry of National Defense shall be responsible for assisting the Government in unifying state administration on professional servicemen, National defense workers and officials.

Article 45. Responsibility and authority of the Ministry of National Defense

1. Promulgate legislative documents on professional servicemen, National defense workers and officials within competence or make submission to competent authorities for promulgation;

2. Organize the implementation of legislative documents on professional servicemen, National defense workers and officials;

3. Coordinate propaganda, dissemination and education about laws on professional servicemen, National defense workers and officials;

4. Inspect, investigate, commend and handle violations; handle complaints, denunciations on the implementation of laws on professional servicemen, National defense workers and officials;

5. Further international cooperation in the establishment of professional servicemen, National defense workers and officials;

Article 46. Responsibility, authority of ministries, ministerial-level agencies

Ministries, ministerial-level agencies within duties, authority shall be responsible for cooperating with the Ministry of National Defense in implementing state administration on professional servicemen, National defense workers and officials; provide technical and professional training; ensure conditions for implementation of benefits and policies for professional servicemen, National defense workers and officials and their relatives; prioritize reception and arrangement of jobs for professional servicemen, National defense workers and officials subject to change of occupation, demobilization or resignation according to laws;

Article 47. Responsibility and authority of local authorities

Local authorities at all levels within duties and authorities shall take following responsibilities:

1. Direct vocational education to create sources of professional servicemen, National defense workers and officials;

2. Organize and manage professional servicemen on temporary assignments according to laws;

3. Implement benefits, policies for professional servicemen, National defense workers and officials; policies for families of professional servicemen, National defense workers and officials residing in localities according to laws;

Chapter VI

COMMENDATION AND HANDLING OF VIOLATIONS

Article 48. Commendation

Professional servicemen, National defense workers and officials who have achievements and merits in the fight and missions shall be reviewed for presentation of awards, medals, state honors and other commendations according to laws;

Article 49. Handling of violations

1. Professional servicemen, National defense workers and officials who violate disciplines and laws, depending on nature and severity of the violations shall be disciplined, penalized for administrative violations or criminal prosecution; shall make compensations for any damage caused to people and properties of agencies, organizations, and individuals.

2. Professional servicemen who are prosecuted, in custody or detained according to the Law on criminal procedures shall not be allowed to wear uniforms, military badges, insignia;

3. Agencies, organizations, and individuals who violate the law on professional servicemen, National defense workers and officials, depending on nature and severity of the violations shall be handled according to laws.

Article 50. Disciplines for professional servicemen, national defense workers and officials

1. Disciplines for professional servicemen:

a) Reprimand;

b) Warnings;

c) Reduction to lower ranks;

d) Dismissal;

dd) Pay reduction;

e) Reduction of military ranks;

g) Stripping title of servicemen;

2. Disciplines for national defense workers and officials:

a) Reprimand;

b) Warnings;

dd) Pay reduction;

d) Forced resignation;

3. Pay reduction is made only one level at a time; in case a serious violation is committed, pay reduction may be made at multiple levels at a time.

4. Do not apply such disciplines as stripping servicemen titles from professional servicemen or forced resignation for national defense workers and officials during pregnancy, pregnancy leave and caring children aged under 12 months;

5. Application of disciplines, sequence, procedures and authority to impose penalties on national defense workers and officials shall be instructed by laws;

6. The Minister of National Defense shall stipulate application of disciplines, sequence, procedures, statute of limitations, time limit and authority to impose penalties on professional servicemen; stipulate reduction of military ranks for disciplined professional servicemen by the way of lowering pay level.

Chapter VII

IMPLEMENTARY PROVISIONS

Article 51. Effect

This Law takes effect since July 01, 2016.

Current regulations related to professional servicemen shall be in force until June 30, 2016.

Article 52. Detailed regulations

The Government, competent agencies shall detail articles and clauses prescribed hereof.

This Law has been ratified in the 10^th session of the 13^th National Assembly on November 26, 2015. /.

 

CHAIRMAN OF NATIONAL ASSEMBLY Nguyen Sinh Hung