The 13th National Assembly of Vietnam adopted Law on amendments to the Law on Officers of the Vietnam People’s Army 2014 at its 8th meeting on November 27, 2014. This Law takes effect from July 1, 2015. This Law is an important legal basis for developing the officer corps, enhancing the responsibility of authorities at levels, departments, economic, political, social organizations, and units throughout the army, contributing to improving the combat strength of the military to firmly protect the Socialist Republic of Vietnam in the new situation.
Article table of contents
* Regarding the positions of officers in the Vietnam People's Army as stipulated in Article 11, Law on Vietnam People's Army Officers
- Rename Commander of the Navy Zone to Naval-Zone Commander to align with the new organization and requirements for commanding, managing, and building a modern naval force, enhancing combat readiness, and firmly protecting the sovereignty over the nation's seas and islands.
- Do not stipulate the basic positions of officers within the Vietnam Coast Guard, a specialized force of the state that implements security, order, safety management, and ensures the enforcement of Vietnamese law and related international treaties to which the Socialist Republic of Vietnam is a member in the seas and continental shelf of the Socialist Republic of Vietnam. Therefore, to ensure external relations and uniformity within the legal system, Coast Guard titles are not included in basic positions in the law but are stipulated in other documents.
- The basic positions of officers stipulated in Clause 1, Article 11 are rearranged in order from the Minister to Platoon Commander to align with the military organizational structure from the Ministry level to units. The 2008 Amendment and Supplement of the Law on Vietnam People's Army Officers organizes them in order from Platoon Commander to Minister.
- Stipulate equivalent positions related to points c, d, and dd in Clause 1 - Article 11 (positions for general ranks) to be regulated by the Government of Vietnam; equivalent positions related to points e, g, h, I, k, and l in Clause 1 - Article 11 (positions for colonel and lower ranks) to be regulated by the Minister of National Defense.
* Regarding the age limit for officers holding command and managerial positions
The highest age limit for officers holding command and managerial positions as stipulated in points dd, e, g, h, I, k, and l in Clause 1 - Article 11 of this Law, is to be regulated by the Minister of National Defense but must not exceed the highest age limit for officers stipulated in Clause 1 of this Article.
* Regarding the highest military rank for positions of officers
- Regarding the number of general ranks: Compared to the 2008 Amendment of the Law on Vietnam People's Army Officers, the 2014 Amendment stipulates 401 general positions (3 General, 18 Senior Lieutenant General, 77 Lieutenant General, 303 Major General, excluding detached officers). Thus, compared to the old regulations, general ranks have been reduced by 88 positions (18%). The changes are detailed as follows:
- Adjust the highest rank from Lieutenant General to Senior Lieutenant General for three Deputy Chiefs of Staff of the Vietnam People's Army and three Deputy Directors of the General Political Department of the Vietnam People's Army.
- Adjust the highest rank from Lieutenant General to Major General for positions such as Heads of Departments: Finance, Planning and Investment, Military Security Protection, Military Medicine, Criminal Investigation; Director of the Military Science and Technology Institute, Director of the Military History Institute.
- Adjust the rank from Major General to Colonel for positions such as Deputy Commander, Deputy Political Commissar: Army Corps, Services, Command of Ho Chi Minh Mausoleum Protection; Commanders of units including the Department of Execution, Logistics Department of the General Staff, Border Gate Protection Department, Department 893, Center 701, Institute 78, Defense Attaché, Institute 69, Service Academy Branches, Military Arts Institute under the Academy of Defense, Institute of Social Sciences and Military Humanities, Military Science Information Center, Social Security, Military History Museum, Category 1 Corporation; Principals, Political Commissars of Officer Schools: Air Force, Artillery, Armor, Special Forces, Communications, Chemical Weapons, Engineering, Military Technology, Army Cultural and Arts University.
- Do not specify the highest general rank for positions such as Political Commissar of various units: Military Science and Technology Institute, Military Central Hospital 108; national defense-economic brigades; departments: Military Training, Electronic Warfare, Military Security Protection, Military Medicine, Cartography, Military Supply, Transportation, Fuel, Armament, Military Vehicles, Technical Branches; Vietnam - Russia Tropical Center, Hospital 175, Hospital 103, Military Traditional Medicine Institute, National Burn Institute.
- Do not specify the highest general rank for positions such as Chief of Staff of various units: Logistics General Department, Technical General Department, National Defense Industry General Department, General Department II, Military Region, Services, Border Guard.
- Adjust the highest rank from Major General to Lieutenant General for the positions: Commander, Political Commissar of the Command of Ho Chi Minh City. The highest rank for the Commander and Political Commissar of Ho Chi Minh City Command in this Law is specified to be Lieutenant General, equivalent to the highest police ranks at provincial and district levels, ensuring alignment as per Resolution 28-NQ/TW of the X Politburo "On building provinces and centrally-run cities into solid defense zones in the new situation." The relationship between Military Region 7 Command and Ho Chi Minh City Command shall continue to follow Article 22 of the Law on Vietnam People's Army Officers. This matter has been detailed in a report presented by the National Assembly's Standing Committee and approved by the National Assembly. Thus, the issue is that the highest rank for the Commander and Political Commissar of the Ho Chi Minh City Command shall be Lieutenant General, which is equivalent to the highest rank of the Commander and Political Commissar of Military Region 7 and higher than the rank of Deputy Commander and Deputy Political Commissar of Military Region 7. Depending on the specific situation, promotions to the highest rank for the Commander and Political Commissar of Ho Chi Minh City Command shall be made accordingly.
- To meet the requirements of missions in the new situation, the Ministry of National Defense has renamed the Regional Coast Guard Commander to the Regional Coast Guard Commander-in-Chief and adjusted the highest rank for Regional Coast Guard Commander and Political Commissar from Colonel to Major General.
- Increase the number of deputy positions with the highest rank of general in certain organizations and units: Deputy commanders of military regions, services, Border Guard, Hanoi Capital Command, and Vietnam Coast Guard; Deputy Directors of departments: Operations, Military Training; Deputy Directors of academies: Army, Politics, Logistics, Military Medicine, Military Technology; Deputy Principals of officer schools: Army I, Army II, Politics.
- Reduce the number of deputy positions with the highest rank of general in certain positions such as: Deputy Chief of Staff, Deputy Chief Political Commissar of military regions, and services; Border Guard; Deputy General Director of the Vietnam Military Telecommunications Group; Deputy Director of the Military Central Hospital 108; Deputy Chief Judge of the Central Military Court, Deputy Chief of the Central Military Committee - Ministry of National Defense Office, Deputy Director of the National Defense Strategy Institute. For each of these positions, only one position will have the highest rank of Major General, and Rear Admiral.
The Law on amendments to the Law on Officers of the Vietnam People’s Army 2014 has clearly stipulated the number of deputy positions with the highest rank of general, specifying in certain organizations and units that only one deputy position is held by the Party Secretary or Deputy Party Secretary with the rank of general, ensuring strict adherence to the functions, missions, leadership, and command requirements of each organization and unit.
* Regarding the rank promotion for serving officers
- Generally, retain the stipulations for the conditions under which serving officers may be promoted as in the 2008 Law, merely adding the phrase "in Article 12 of this Law" at the end of point a for clarity (Clause 1 - Article 17).
- Add the time frame for considering rank promotion for colonels and lower ranks, the time frame for promotion from Colonel to Major General, Rear Admiral, and the time frame for promotion within each general rank to be at least 4 years (Clause 2 - Article 17).
- Add provisions on the age of serving officers eligible for promotion from Colonel to Major General being no more than 57 years of age unless required by the President, ensuring strictness, appropriate authority, and practical alignment, avoiding inconsistent application (Clause 3 - Article 17).
* Regarding decision-making authority concerning officers
- The State President appoints, dismisses, and removes the Chief of the General Staff, Director of the General Political Department; promotes, demotes, revokes the ranks of general, Rear Admiral, Vice Admiral, and Admiral of the Navy;
- The Prime Minister of Vietnam appoints, dismisses, and removes Vice Ministers; Deputy Chiefs of Staff, Deputy Directors of the General Political Department; Directors, Political Commissars of the National Defense Academy; Heads of Departments, Department Directors, Political Commissars of Departments; Commanders, Political Commissars of military regions; Commanders, Political Commissars of services; Commanders, Political Commissars of the Border Guard; Commanders, Political Commissars of the Vietnam Coast Guard; Director of the Government Cipher Department and other positions as regulated by the authority;
- The Minister of National Defense appoints, dismisses, and removes other positions and promotes, demotes, revokes other military ranks, and raises officers' salaries;
- Appointments, dismissals, and removals in the fields of Inspection, Courts, and Execution within the military shall comply with legal regulations.
- The authority appointing to a position has the power to dismiss, demote, extend the service period, transfer, second, assign lower positions, cease active service, transfer ranks, and demobilize reserve officers up to that position.
* Regarding the procedures for promoting, demoting, and revoking military ranks for officers as follows:
- The Prime Minister of Vietnam submits to the President the promotion, demotion, and revocation of general, Rear Admiral, Vice Admiral, and Admiral ranks.
- Promotion, demotion, and revocation of the general ranks of seconded Vietnam People's Army officers shall follow the proposals from the host organizations and the Minister of National Defense.
- For colonel ranks, lower ranks, and officers' salary increases: procedures for promotion, demotion, and rank revocation are stipulated by the Minister of National Defense.
* Regarding amendments to salaries, allowances, housing, and working conditions for serving officers:
- Clause 1, Article 31 of the 2008 Amendment & Supplement Law specifies that "...payroll applicable to officers shall be formulated based on military rank and position…" is amended to: "payroll applicable to officers are calculated based on position, title, and military rank…". This regulation serves as the basis for the Government to stipulate the payroll and salary structure fundamentally changing to where position and title salaries of officers are primary so that rank promotion meets the leadership and command requirements of the military directed by the Politburo.
Source: bqllang.gov.vn
- Key word:
- Vietnam People
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