Chapter IV
RESERVE OFFICERS
Article 38.- Classes of reserve officers
The reserve officers shall be classified into the class-one reserve officers and class-two reserve officers according to age limits prescribed in Clause 1, Article 13 of this Law.
Article 39.- Subjects of reserve officers registration
The following persons shall be subject to reserve officers registration:
1. Officers, cadres being professional military personnel, who, when discharged from the active service in the army, still meet the criteria and conditions prescribed for reserve officers;
2. Professional military personnel and non-commissioned officers, who have been discharged from active service in the army, and reserve non-commissioned officers who have been under the officers’ training;
3. State officials and employees outside the army and persons with university or higher degrees and with profession suited to the requirements of the army, who have been trained as reserve officers.
Article 40.- Summoning persons for reserve officers’ training and summoning reserve officers for active service in the army
Basing him/herself on the Government’s plan, the Minister of Defense shall have the right to:
1. Summon State officials and employees, students and persons with university or higher degrees outside the army for reserve officers’ training;
2. Summon reserve officers for active service in the army in the following cases:
a) During peace time, for reserve officers who have not yet served in the army, the time for active service is two years;
b) During war time, when there are orders for general mobilization, local mobilization or when there is demand for officers to assume combat tasks, combat services for the defense of territorial sovereignty, but not to the extent of local mobilization.
Article 41.- Post appointment, rank bestowment and promotion for reserve officers
The post appointment, and rank bestowment and promotion for reserve officers are stipulated as follows:
1. Cadets graduating for reserve officers’ training schools shall be bestowed the rank of second lieutenant of reserve officers;
2. State officials and employees graduating from reserve officers’ training schools shall, depending on the to be-appointed posts in the reserve units, their study and training results and their current salary levels, be considered for promotion to corresponding grades of reserve officers;
3. Depending on the staff demand, the criteria for the officers’ posts, the military study results and achievements in military service, reserve officers shall be appointed to posts in the reserve units and promoted to ranks corresponding to the posts they are holding;
4. The time limits for reserve officers’ rank promotion consideration shall be two years longer than the time limits for each grade of active officer prescribed in Clause 2, Article 17 of this Law;
5. Reserve officers shall be considered for promotion to corresponding grades, based on the criteria and regulations on the army grades of the posts they are appointed to, their current grades of reserve officers and the time limits for rank promotion consideration.
Article 42.- Responsibilities of reserve officers
The reserve officers shall have the following responsibilities to:
1. Make registration and submit to the management of the local administration and military offices of localities where they reside or work and the reserve army units;
2. Participate in training courses, gather for examination of mobilization readiness and combat readiness according to the regulations of the Minister of Defense.
3. Fulfill their assigned missions and tasks in the reserve force;
4. Serve in the army as prescribed in Clause 2, Article 40 of this Law.
Article 43.- The interests of reserve officers
The reserve officers shall have the following interests:
1. To enjoy responsibility allowances for the management of reserve army units; during the time of gathering for training, mobilization readiness examination and combat readiness examination, to enjoy wages, allowances, subsidies, medical examination and treatment at military medical establishments as well as other regimes prescribed by the Government; to be exempt from performing public labor duties;
2. Reserve officers summoned for service in the army during peace time, when the time limits expire, they are entitled to return to their offices or localities where they worked or lived before joining the army and continue to serve in the reserve force; where the army has the demand, officers who satisfy the criteria shall be transferred to the status of active officers.
Article 44.- Class transfer and relieving from reserve officers status
1. Reserve officers with ages reaching beyond the class-one reserve ages prescribed in Clause 1, Article 13 of this Law shall be transferred to class-two reserve officers.
2. Reserve officers with ages reaching beyond the class-two reserve ages or failing to meet the conditions and criteria shall be relieved from the status of reserve officers.
The class transfer and reserve officer status relief shall be decided by the competent authorities.
Tìm kiếm
Luật Sĩ quan Quân đội nhân dân Việt Nam 1999 (Bản Word)
