Chương 1 Luật Sĩ quan Quân đội nhân dân Việt Nam 1999: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1.- Officers of the Vietnam People’s Army

The officers of the Vietnam People’s Army (hereafter called officers) are cadres of the Communist Party of Vietnam and the State of the Socialist Republic of Vietnam, operating in the military domains and bestowed the rank of company officer, field officer or general officer by the State.

The military uniforms, shoulder straps and insignia of officers are stipulated by the Government.

Article 2.- Position, function of officers

The officers constitute the core of the army and the principal element of the contingent of military officials, who undertake the leading, commanding or managing posts or directly perform a number of other tasks, ensuring that the army is ready for combat and the fulfillment of any assigned tasks.

Article 3.- Leading, commanding and managing officers

The contingent of officers is placed under the absolute, direct and comprehensive leadership of the Communist Party of Vietnam, the supreme command of the State President, the unified management of the Government and the direct command and management of the Minister of Defense.

Article 4.- Recruitment conditions for training of officers

Citizens of the Socialist Republic of Vietnam who meet all criteria on politics, virtues, educational levels, health and age, wish and have capability to operate in the military domain may be recruited for training to be officers.

Article 5.- Supplementary sources of active officers

The following people shall be recruited to supplement the contingent of active officers:

1. Non-commissioned officers, cadets graduating from officers’ training schools or non-military universities;

2. Non-commissioned officers and men who have well fulfilled their combat tasks;

3. Career military personnel and military employees on active service, who have university or higher degrees and have been trained, fostered in military programs under the stipulations of the Minister of Defense.

4. Non-military officials and employees and persons with university or higher degrees, mobilized for service in the army and trained, fostered in the military programs under the stipulations of the Minister of Defense;

5. Reserve officers.

Article 6.- Rights, obligations and responsibilities of officers

1. Officers have the rights and obligations of citizens under the Constitution and laws of the Socialist Republic of Vietnam; have the rights, obligations and responsibilities as prescribed in this Law.

2. Officers are guaranteed by the State with the preferential policies and regimes suitable to the nature of the particular military activities.

Article 7.- Interpretation of terms

In this Law, the following terms are construed as follows:

1. Active officers are the officers of the standing force who are on active service in the army or sent on dispatch.

2. Dispatched officers are active officers who are sent to work in non-military agencies or organizations.

3. Reserve officers are the officers of the reserve force, who are registered, managed and trained to be ready to be mobilized into the army.

4. Class-one reserve officers and class-two reserve officers are the reserve officers, classified according to ages for the class-one and class-two reserve as provided for in Clause 1, Article 13 of this Law.

5. Commanding and staff officers are the officers who undertake the tasks of combat operation, training and building of the military forces.

6. Political officers are the officers who undertake the Party work and political work.

7. Logistic officers are the officers who undertake the tasks of material supply for daily life, training and combat activities of the army.

8. Technical officers are the officers who undertake the technical work regarding weapons and equipment.

9. Other specialized officers are the officers who undertake the work in branches other than those performed by officers’ groups defined in Clauses 5, 6, 7 and 8 of this Article.

10. Officer’s rank bestowal means the decision to grant the military rank and grade to a to be-officer.

11. Officer’s rank promotion means the decision to promote an officer from a lower rank to a higher rank.

12. Officer’s rank demotion means the decision to demote an officer from a higher rank to a lower rank.

13. To strip off officer’s rank means the decision to deprive an army man of the officer’s rank.

14. Demobilized officers are the officers who have been transferred outside the army.

15. To change the officer’s status means to transfer an officer from the active status to the reserve status or vice versa.

16. To change the class of reserve officer means to transfer a reserve officer from class one to class two.

17. Discharge from the status of reserve officer means the transfer from the reserve officers’ status.

Article 8.- Statuses of officers

The officers are divided into two statuses: The active officers and the reserve officers.

Article 9.- Branch groups of officers

The officers cover the following branch groups:

1. The commanding, staff officers;

2. The political officers;

3. The logistic officers;

4. The technical officers;

5. Other specialized officers.

Article 10.- Officers’ ranks and grades system

The officers’ ranks and grades system comprises three ranks and twelve grades:

1. The company officer’s rank includes four grades

Second lieutenant;

Lieutenant;

Senior lieutenant;

Captain.

2. The field officer’s rank includes four grades:

Major;

Lieutenant colonel;

Senior lieutenant colonel;

Colonel.

3. The general rank include four grades:

Major general, naval rear-admiral;

Lieutenant general, naval vice-admiral;

Senior lieutenant general, naval admiral;

General.

Article 11.- Posts of officers

1. Officers’ fundamental posts include:

Platoon leader;

Company commander;

Battalion commander;

Regiment commander, district military commander;

Brigade commander;

Division commander, provincial military commander;

Army corps commander;

Military Region commander; army service commander;

General Department director;

Chief of the General Staff, director of the Political General Department;

The Minister of Defense.

2. The posts of the Border Guard, services, agencies, schools and other fields similar to the posts defined in Clause 1 of this Article and the remaining posts shall be stipulated by the competent authorities.

Article 12.- Criteria of officers

1. General criteria:

a) Being politically steadfast, absolutely loyal to the Fatherland and people, the Communist Party of Vietnam and the State of the Socialist Republic of Vietnam; having the spirit of high revolutionary vigilance, being ready to fight, make sacrifice and fulfill all assigned tasks;

b) Having revolutionary virtues; being industrious, thrifty, incorruptible, upright, devoted and impartial; being exemplary in observing the lines and under-takings of the Party as well as policies and laws of the State; promoting democracy, strictly maintaining the army disciplines; respect and unite with people, with comrades-in arms; being trusted by the mass;

c) Having the political and military qualifications and the capability to creatively apply Marxism-Leninism, the Ho Chi Minh thoughts, the Party’s and State’s lines, viewpoints and policies to the task of building the entire-people defense as well as the people’s army; having knowledge about the cultural, economic, social, legal and other matters; having the capability to carry out practical activities, meeting the requirements of the assigned tasks; having graduated from the training programs prescribed for each post;

d) Having clear life story, ages and health suited to the officers’ posts and ranks.

2. The specific criteria for each officer’s post are stipulated by the competent authorities.

Article 13.- Service ages of officers

The maximum age limits for active officers and reserve officers are stipulated as follows:

1. According to officers’ ranks

The company rank: Active: 44, class-one reserve: 46, class-two reserve: 48;

Major: Active: 46, class-one reserve: 49, class-two reserve: 52;

Lieutenant colonel: Active: 49, class-one reserve: 52, class-two reserve: 55;

Senior lieutenant colonel: Active: 52, class-one reserve: 55, class-two reserve: 58;

Colonel: Active: 55, class-one reserve: 58, class-two reserve: 60

The general rank: Active: 60, class-one reserve: 63, class-two reserve: 65.

2. According to commanding posts:

Platoon leader 30

Company commander 35

Battalion commander 40

Regiment commander 45

Brigade commander 48

Division commander 50

Army corps commander 55

Military Zone commander, service commander 60

The maximum age limits for leading and commanding officers of technical, professional, regional army and reserve units may be higher than those of the corresponding posts stipulated in this Clause, but must not be 5 years older.

3. When the army has the demand, officers with full qualifications, capability, good health and voluntariness may extend their service in the army to the age limits for class-one reserve officers; officers engaged in scientific research and teaching at schools may extend their service to the age limits for class-two reserve officers; for special cases, the officers’ service may extend beyond the age limits for class-two reserve officers.

Article 14.- Responsibility to build the officers’ contingent

Within the scope of their respective functions, tasks and powers, agencies, organizations, people’s armed forces units and all citizens have the responsibility to build the contingent of officers.