Chương 3 Luật Sĩ quan Quân đội nhân dân Việt Nam 1999: Nghĩa vụ,trách nhiệm và quyền lợi của sĩ quan

Chapter III

OBLIGATIONS, RESPONSIBILITIES AND INTERESTS OF OFFICERS

Article 26.- Obligations of officers

The officers shall have the following obligations:

1. To be ready to fight and sacrifice for the independence, sovereignty and territorial integrity of the Fatherland, to protect the Communist Party of Vietnam and the State of the Socialist Republic of Vietnam; to take part in national construction, to protect the property and interests of the State, agencies and organizations; to protect the life, property, legitimate rights and interests of individuals;

2. To regularly preserve and foster the revolutionary virtues, study and train themselves in order to raise their professional levels, knowledge, political, military, cultural and professional capabilities as well as their physical strength to fulfill their tasks.

3. To absolutely submit to their organizations and commanders; to strictly abide by the army rules, statutes, regimes and regulations; to keep the military and State secrets;

4. To constantly care for the material and spiritual interests of the army men;

5. To exemplarily observe and mobilize people to observe the Party’s lines and undertakings and the State’s policies and laws; to respect and maintain close contact with people.

Article 27.- Responsibilities of officers

The officers shall have the following responsibilities:

1. To take responsibility before law and their superiors for the orders they issue, for the obedience to the superiors’ orders and the task performance by their subordinates.

2. To lead, command, manage and organize the implementation of all tasks of their units according to their assigned responsibilities; to ensure that their units strictly adhere to the Party’s lines and undertakings, abide by the State’s laws and policies, the army’s rules, statutes, regimes and regulations and are ready to fight and well fulfill all tasks in any circumstance and under any condition;

3. Upon receipt of orders from their commanders, if officers have grounds to believe that such orders contravene laws, they shall have to immediately report such to the persons who have issued such orders; in cases where they still have to obey the orders, they shall have to promptly report to the immediate superiors of the persons who have issued such orders and shall not have to bear responsibility for the consequences arising from the implementation of such orders.

Article 28.- Things must not be done by officers

Officers must not do things contrary to laws and/or the army disciplines and things not to be done by State officials and employees as prescribed by law.

Article 29.- Obligations, responsibilities and interests of officers on detachment

Officers on detachment shall have the following obligations, responsibilities and interests:

1. To fulfill the obligations and responsibilities and enjoy the interests like officers on active service in the army; to be provided with working and living conditions by the agencies and/or organizations they are detached to.

2. To perform the tasks assigned by the Ministry of Defense providing advices on defense tasks and subject to the management by the agencies or organizations they are detached to.

Article 30.- Training and fostering for officers

1. Officers are cared for, encouraged and given conditions by the Party and the State to develop their talents.

2. Officers shall be trained and fostered at schools inside and outside the army according to work requirements.

Article 31.- Salary, allowance, dwelling houses and working conditions for active officers

Officers on active service shall be entitled to salary, allowances, dwelling houses and working conditions as follows:

1. The salary and allowance regime is stipulated by the Government; the officers’ salary scales based on army ranks, grades and posts shall be stipulated in conformity with the characteristics and tasks of the army; the seniority based on the current salary scales and the duration on active service in the army. Officers shall enjoy allowances and subsidies of particularly military nature;

2. Officers who fully meet the criteria and are due for rank promotion consideration but have been bestowed the highest ranks of the posts they are holding or the rank of colonel for four years or more without having been promoted to the general rank shall enjoy the salary increase according to the salary regime for officers;

3. If an officer concurrently holds many posts at a time, he/she shall be entitled to the interests prescribed for the highest post;

4. When being assigned posts lower than their current posts as provided for at Point a, Clause 3, Article 21 of this Law, the officers shall be entitled to the interests prescribed for their former posts;

5. When there is a decision to relieve an officer from his/her post, he/she shall enjoy the interests according to new position;

6. Being provided with conditions to perform their tasks according to the regulations of the Minister of Defense;

7. Being provided with dormitories and civic status registration under the regulations of the Government.

Article 32.- The regime of active officers’ rests

1. Active officers are entitled to public holidays as prescribed by the Labor Code and other holidays prescribed by the Minister of Defense.

2. Upon the general or local mobilization orders and during the war time, the Minister of Defense may issue order to suspend the officers’ rest regime; all officers being on holidays must immediately return to their units.

Article 33.- Healthcare for active officers and their families

1. Active officers shall be provided with healthcare; when getting wounded or sick at places far from military medical establishments or suffering from diseases which cannot be cured by military medical establishments, officers are entitled to medical examination and treatment at civil medical establishments with hospital fees paid by the army.

2. The fathers, mothers, lawful fosterers of the husbands and wives, the wives or husbands and under-18 children of active officers, who have no medical insurance, shall be provided with medical examination and treatment with hospital fees reduced or exempt at military and civil medical establishments according to the Government’s regulations.

Article 34.- Active officers transferred to work as professional army men or military employees

When current posts no longer require the employment of officers, the concerned officers, if fully meeting the prescribed conditions, shall be considered for transfer to the status of professional army men or military employees and enjoy salaries not lower than those while they were officers.

Article 35.- Demobilized officers

1. Officers shall be demobilized in the following cases:

a) They meet the conditions for retirement;

b) Their ages surpass the active service ages prescribed in Clause 1, Article 13 of this Law;

c) The employment of officers, professional army men and/or military employees is no longer required due to changes in organizations and staff;

d) They are not qualified for rank promotion though the prolonged period for rank promotion consideration prescribed in Clause 1, Article 19 of this Law has expired;

e) They no longer satisfy the criteria prescribed for active officers.

2. Officers are discharged from active service in one of the following forms:

a) Retirement;

b) Transfer to civil organizations;

c) Demobilization and return to native places.

3. When being discharged from the active service, if meeting all criteria and still being in the class-two reserve ages prescribed in Article 13 of this Law, the officers shall be transferred to the status of reserve officers.

Article 36.- Retirement conditions for officers

Officers may retire when:

1. They fully meet conditions according to the State’s regulations on social insurance;

2. Where the retirement conditions prescribed in Clause 1, this Article, are not fully met while the army no longer requires the employment of officers, professional army men and/or military employees or they cannot be transferred to civil organizations, the officers may retire if they have already served the army for full 25 years, for male officers, or full 20 years, for female officers.

Article 37.- Interests of officers discharged from active service

1. The retired officers shall enjoy the following interests:

a) Pensions calculated according to regulations in Clause 1, Article 31 of this Law;

b) Using military uniforms, shoulder straps and insignia on public holidays, conferences, meetings for the army’s traditional exchanges;

c) Being provided with civic status registration and given conditions to live and work by the administration in localities where the officers reside lawfully; where officers have no dwelling houses, they shall be provided with dwelling houses or residential land according to the Government’s regulations;

d) Being provided with medical examination and treatment under the medical insurance regime at military and civil medical establishments.

2. The transferred officers shall enjoy the following interests:

a) The State shall provide necessary professional training for transferred officers at the request of organizations;

b) To have their salary scales at the time of transfer reserved for a minimum period of 18 months;

c) When retiring, to enjoy the seniority allowances calculated according to the duration on active service in the army and their officers’ grades at the time of transfer; where their current salary scales are lower than their officers’ salary scales at the time of transfer, the latter shall be used for calculation of their pensions;

d) The interests prescribed at Point b and Point c, Clause 1, this Article.

3. Demobilized officers shall enjoy the following interests:

a) Employment allowances and lump-sum demobilization allowance;

b) If having full 15 or more years on active service in the army, when falling sick, they shall be given medical examination and treatment with hospital fees being exempt or reduced at military medical establishments as prescribed by the Minister of Defense;

c) The interests prescribed at Point b and Point c, Clause 1, this Article.

4. Officers who have had periods of time directly engaged in combat, combat service or working in particular localities, branches and trades shall be entitled to have such periods of time calculated according to preferential coefficient for enjoyment of interests when they are discharged from active service in the army.

The Government shall specify the implementation of this Article.