Chương II Luật quân nhân chuyên nghiệp, công nhân và viên chức quốc phòng 2015: Chế độ phục vụ của quân nhân chuyên nghiệp

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.