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

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;