What is stripping of officer rank according to the law in Vietnam? In which cases are officers of the People's Army stripped of their officer rank in Vietnam?

What is stripping of officer rank according to the law in Vietnam?

Based on Clause 1 Article 11 of Circular 143/2023/TT-BQP, the disciplinary forms are stipulated as follows:

Disciplinary Forms

1. Disciplinary forms for officers

a) Reprimand;

b) Warning;

c) Reduction in salary;

d) Demotion in rank;

dd) Dismissal from position;

e) Reduction in military rank;

g) Stripping of officer rank;

h) Stripping of military titles.

...

Therefore, the revocation of officer rank is one of the disciplinary forms for officers in the Vietnam People's Army.

The stripping of officer rank is a disciplinary form applied to military officers when they seriously violate regulations, principles, or ethics within the military profession. Strippping of officer rank is a strict disciplinary measure aimed at ensuring discipline and integrity within the military.

What is stripping of officer rank according to the law in Vietnam? In which cases are officers of the People's Army stripped of their officer rank in Vietnam? - image from the internet

In which cases are officers of the People's Army stripped of their officer rank in Vietnam?

Based on Circular 143/2023/TT-BQP, the following violations can lead to the revocation of officer rank for officers in the Vietnam People's Army:

[1] Disobeying orders as stipulated in Article 15 of Circular 143/2023/TT-BQP

Those who fail to comply with orders or carry out assigned tasks by their direct commanding officer or higher-ranking authority and violate any of the following cases shall be disciplined, ranging from salary reduction, demotion in rank, dismissal from position, reduction in military rank, revocation of officer rank, revocation of military titles, to termination of employment.

- Being a commanding officer;

- Recruiting others to join;

- In a state of readiness for combat;

- Having previously been disciplined and still violating regulations;

- Causing serious consequences.

[2] Humiliating comrades as specified in Article 18 of Circular 143/2023/TT-BQP

Anyone who insults the dignity, honor, and reputation of their comrades in the course of duty and violates any of the following cases shall be disciplined, ranging from demotion in rank, dismissal from position, reduction in military rank, revocation of officer rank, revocation of military titles, to termination of employment.

- Being a commanding officer or superior;

- Having previously been disciplined and still violating regulations;

- Recruiting others to join;

- Causing harm to health.

[3] Physically assaulting comrades as specified in Article 19 of Circular 143/2023/TT-BQP

Anyone who physically assaults or causes harm to the body of their comrades in the course of duty and violates any of the following cases shall be disciplined, ranging from demotion in rank, dismissal from position, reduction in military rank, revocation of officer rank, revocation of military titles, to termination of employment.

- Being a commanding officer or superior;

- Having previously been disciplined and still violating regulations;

- Recruiting others to join;

- Causing injuries or harm to health.

[4] Unauthorized absence as specified in Article 20 of Circular 143/2023/TT-BQP

Those who are absent without permission and violate any of the following cases shall be disciplined, ranging from warning, salary reduction, demotion in rank, dismissal from position, reduction in military rank, revocation of officer rank.

- Being a commanding officer;

- Having previously been disciplined and still violating regulations;

- Recruiting others to join;

- In a state of readiness for combat;

- Causing disruption to the unit's mission execution.

[5] Desertion as specified in Article 21 of Circular 143/2023/TT-BQP

Anyone who deserts and violates any of the following cases shall be disciplined, ranging from demotion in rank, dismissal from position, reduction in military rank, revocation of officer rank, revocation of military titles, to termination of employment.

- Being a commanding officer;

- Having previously been disciplined and still violating regulations;

- Recruiting others to join;

- Causing consequences but not to a serious extent;

- When on duty.

[6] Avoiding assigned tasks as specified in Article 22 of Circular 143/2023/TT-BQP

Causing self-inflicted injuries, causing harm to one's health, feigning illness, or using other deceptive means to avoid or shirk assigned tasks and violating any of the following cases shall be disciplined, ranging from demotion in rank, dismissal from position, reduction in military rank, revocation of officer rank, revocation of military titles, to termination of employment.

- Being a commanding officer;

- Having previously been disciplined and still violating regulations;

- Recruiting others to join.

[7] Violating regulations for military exchange students, cipher exchange students as specified in Article 23 of Circular 143/2023/TT-BQP

Military exchange students, cipher exchange students who return to the country more than 90 days late compared to the prescribed time shall be disciplined, ranging from revocation of officer rank, revocation of military titles, to termination of employment.

[8] Accidentally revealing military secrets or losing military secrets, state secrets as specified in Article 24 of Circular 143/2023/TT-BQP

Accidentally revealing military secrets or losing military secrets, state secrets, and violating any of the following cases shall be disciplined, ranging from demotion in rank, revocation of officer rank, revocation of military titles, to termination of employment.

- In areas with unstable political security;

- Having previously been disciplined and still violating regulations;

- Affecting the completion of the unit's mission.

[9] Violating regulations on management and use of military weapons, technical equipment as specified in Article 29 of Circular 143/2023/TT-BQP

Causing safety issues regarding personnel, weapons, equipment, vehicles, assets, and violating any of the following cases shall be disciplined, ranging from demotion in rank, revocation of officer rank, revocation of military titles, to termination of employment.

- Being a commanding officer;

- Having previously been disciplined and still violating regulations;

- Having expertise in military weapons, technical equipment.

[10] Accidentally losing or damaging military weapons, military technical equipment as specified in Article 30 of Circular 143/2023/TT-BQP

Accidentally losing or damaging military weapons, equipment, military technical vehicles, and violating any of the following cases shall be disciplined, ranging from demotion in rank, revocation of officer rank, revocation of military titles, to termination of employment.

- Being a commanding officer;

- In combat, in a state of readiness for combat;

- Failing to take active measures to prevent.

[11] Misappropriation or destruction of war spoils as specified in Article 31 of Circular 143/2023/TT-BQP

Misappropriating or destroying war spoils and violating any of the following cases shall be disciplined, ranging from demotion in rank, revocation of officer rank, revocation of military titles, to termination of employment.

- Being a commanding officer;

- Having previously been disciplined and still violating regulations;

- Causing negative impacts on the unit.

[12] Harassment of the People as specified in Article 32 of Circular 143/2023/TT-BQP

When interacting with the people, engaging in behaviors that demand, make claims, harass, cause inconvenience, difficulties, hinder the normal activities of the people, or violate the health, dignity, honor, or property of the people, and violating any of the following cases shall be disciplined, ranging from demotion in rank, revocation of officer rank, revocation of military titles, to termination of employment.

- Being a commanding officer;

- Recruiting others to join;

- In areas with combat or emergency situations;

- Causing damage to the reputation and honor of the military.

[13] Misappropriation of property as specified in Article 35 of Circular 143/2023/TT-BQP

Taking advantage of position, authority, or using other means to misappropriate property of the State, organizations, or citizens with a value below 2,000,000 VND and violating any of the following cases shall be disciplined, ranging from demotion in rank, dismissal from position, revocation of officer rank, revocation of military titles, to termination of employment.

- Being a commanding officer;

- Having previously been disciplined and still violating regulations;

- Recruiting others to join;

- Affecting the completion of the unit's mission.

[14] Other violations as specified in Article 43 of Circular 143/2023/TT-BQP

In addition to the above violations, if the violator commits other violations that have indications of a criminal offense but have not reached the level of criminal liability and are concluded by competent authorities in writing, based on the content, motivation, nature, severity, consequences, causes of the violation, specific circumstances, mitigating factors, aggravating factors, disciplinary measures ranging from reprimand, warning, reduction in salary, demotion in rank, dismissal from position, revocation of officer rank, revocation of military titles, to termination of employment shall be applied.

[15] Violating the law and being sentenced to imprisonment but receiving a suspended sentence as specified in Article 45 of Circular 143/2023/TT-BQP

Anyone who violates the law and is sentenced to imprisonment but receives a suspended sentence shall be disciplined, ranging from dismissal from position, demotion in rank, revocation of officer rank, revocation of military titles, to termination of employment (except for violations related to drugs).

Who has the authority to strip the officer rank of a general in Vietnam?

Pursuant to Clause 5 Article 88 of the Constitution of the Socialist Republic of Vietnam in 2013:

Article 88

The President has the following tasks and powers:

...

5. To assume command of the people’s armed forces and hold the office of Chairperson of the National Defense and Security Council; to decide on the award, promotion, demotion or deprivation of the ranks of general, naval rear admiral, naval vice admiral and naval admiral; to appoint, relieve from duty or dismiss the Chief of the General Staff or the Director of the Political General Department of the Vietnamese People’s Army; based on resolutions of the National Assembly or the Standing Committee of the National Assembly, to promulgate or annul decisions to declare a state of war; based on resolutions of the Standing Committee of the National Assembly, to issue an order on general mobilization or partial mobilization, to declare or cancel a state of emergency; or, in case the Standing Committee of the National Assembly cannot meet, to declare or cancel a state of emergency nationwide or in a particular locality;

...

As regulated above, the President has the authority to strip the officer rank of a general in Vietnam.

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