Chapter II
OFFICERS’ RANKS AND POSTS
Article 15.- Highest ranks for officers’ posts
1. The highest ranks for officers’ fundamental posts are stipulated as follows:
Platoon leader: senior lieutenant;
Company commander: captain
Battalion commander: major
Regiment commander, district military commander: lieutenant colonel;
Brigade commander: senior lieutenant colonel;
Division commander, provincial military commander: colonel;
Army corps commander: Major general;
Military zone commander, army service commander: lieutenant general;
General Department director: lieutenant general;
Chief of the General Staff, director of the Political General Department: General;
Minister of Defense: General.
2. The highest ranks of posts corresponding to those defined in Clause 1, this Article and the remaining posts shall be stipulated by the competent authorities.
3. For officers of special task force units, the military forces of key provinces, centrally-run cities, districts, provincial capitals and cities according to the stipulations of the Ministry of Defense, the highest ranks shall be one grade higher than the maximum ranks of the corresponding posts defined in Clause 1 of this Article.
Article 16.- Subjects entitled to be bestowed with ranks of active officers
The following persons shall be considered for bestowment of active officers’ ranks:
1. Cadets graduating from active officers’ training schools shall be bestowed the rank of second lieutenant; those who graduate with excellent grade or good grade but have already been engaged in combat, combat service or conferred the title of "Hero of the People’s Armed Forces" or "Labor Hero" shall be bestowed the rank of lieutenant;
2. Non-commissioned officers and soldiers during war time; professional army men and military employees on active service; officials and employees outside the army and persons with university or higher degrees, who are mobilized for active service in the army and appointed to the officers’ posts, shall be bestowed the corresponding ranks of officers.
Article 17.- Rank promotion for active officers
1. Active officers shall be entitled to rank promotion when meeting the three following conditions:
a) Fully meeting the prescribed conditions;
b) Their current ranks are lower than the highest ranks prescribed for the posts they are holding;
c) Meeting the time limits for rank promotion consideration prescribed in Clause 2, this Article.
2. The rank promotion consideration time limits for active officers are stipulated as follows:
From second lieutenant to lieutenant 2 years;
From lieutenant to senior lieutenant 3 years;
From senior lieutenant to captain 3 years;
From captain to major 4 years;
From major to lieutenant colonel 4 years;
From lieutenant colonel to senior colonel 4 years;
From senior colonel to colonel 4 years;
The time limits for general rank promotion are not stipulated.
The time the officers study at schools shall be counted into the duration for rank promotion consideration.
During war time, the rank promotion consideration time limits may be shortened according to the stipulations of the competent authorities.
3. Officers recording exceptionally outstanding merits shall be considered for overskipping rank promotion.
Article 18.- Officers’ rank promotion ahead of time
Officers shall be considered for rank promotion ahead of the time limits prescribed in Clause 2, Article 17 of this Law in the following cases where:
1. They record outstanding exploits in combat or are awarded Orders for achievements in their work or scientific research;
2. They well fulfill their responsibilities and tasks of the current ranks which are two or more grades lower than the highest ranks prescribed for the posts the officers are holding.
Article 19.- Prolonging the time limits for officers’ rank promotion consideration
1. Those officers who are due for rank promotion consideration but fail to fully meet the prescribed conditions shall be considered for rank promotion in subsequent years, but not beyond the time limits prescribed in Clause 2, Article 17 of this Law; if past such time limits the officers still fail to be promoted, they shall be demobilized.
2. If during the promotion consideration time limit, officers are disciplined with warning, demotion or stripping or in the final year of the rank promotion consideration time limits, the officers are disciplined with reprimand, the promotion consideration time limits shall be prolonged for at least one year.
3. Demoted officers shall be considered for rank promotion after at least one year from the date of demotion if they make progress.
Article 20.- The levels of officers’ rank demotion and promotion.
Officers are promoted or demoted only one grade at a time; only for special cases, multi-grade demotion or promotion shall apply.
Article 21.- Appointment and dismissal for officers’ posts
1. Officers shall be appointed to posts when there are staff demand and they fully meet the criteria prescribed for their incumbent posts.
2. The dismissal of officers from their posts shall be effected in the following cases:
a) When there is change in organization which no longer requires the posts being held by the officers;
b) The officers no longer satisfy the criteria and conditions for holding the current posts;
c) The officers are beyond the ages for active service in the army as provided for in Clause 1, Article 13 of this Law and are not allowed to prolong their active service in the army.
3. Officers may be assigned posts lower than their incumbent posts or posts with prescribed highest ranks being lower than their current ranks in the following cases where:
a) They are reinforced for special tasks;
b) There are changes in organization, staff;
c) Adjustments are made for conformity with the officers’ capabilities and/or health conditions.
Article 22.- Relations among officers’ grades and posts
Officers with higher grades are the superior of the officers with lower grades; where officers with posts higher but grades equal or lower than the grades of officers under their management, the officers with higher posts shall be the superior.
Article 23.- The right to suspend the posts of officers in emergency cases
In emergency cases where officers refuse to obey orders which may cause serious consequences, the officers with the post of regiment commander or higher may suspend the posts held by such officers and appoint other persons to temporarily take their places, ant at the same time immediately report such to the immediate superiors.
Article 24.- Detachment of officers
Depending on the defense requirements and tasks, active officers shall be detached to work in non-military agencies and/or organizations by decisions of the competent authorities.
Article 25.- Competence to make decisions on officers
1. Competence for post appointment, rank bestowment and promotion for officers is stipulated as follows:
a) The State President shall appoint the Chief of the General Staff and the director of the General Department for Political Affair; bestow and promote the ranks of General, Senior Lieutenant General and Naval Admiral;
b) The Prime Minister shall appoint General Department directors, Military Zone commanders, Army Service commanders, Army Corps commanders and corresponding posts; bestow and promote the ranks of Lieutenant General, Naval Vice Admiral, Major General and Naval Rear Admiral;
c) The appointment of posts in the Procuracy, Courts and Judgment Execution Bodies in the army shall comply with the provisions of law;
d) The Minister of Defense shall make post appointment and rank bestowment and promotion for the remaining cases.
2. Authorities competent to appoint any posts and bestow and promote any ranks shall have the right to prolong the active service of, to increase salaries for, to mobilize, detach, remove from posts, assign lower posts to, demote, strip, degrade, discharge from active service, officers of such posts and ranks, change the status, class and remove the status of reserve officers of such posts and ranks.
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Luật Sĩ quan Quân đội nhân dân Việt Nam 1999 (Bản Word)