Chương I Luật quân nhân chuyên nghiệp, công nhân và viên chức quốc phòng 2015: Những quy định chung

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.