Competence to settle the demobilization of non-commissioned officers and soldiers serving in the army in Vietnam

Competence to settle the demobilization of non-commissioned officers and soldiers serving in the army in Vietnam (Internet image)

1. Form of demobilization for non-commissioned officers and soldiers serving active duty in Vietnam

The form of demobilization for non-commissioned officers and soldiers serving active duty according to Article 4 of Circular 297/2017/TT-BQP stipulates as follows:

(1) Non-commissioned officers and soldiers may be discharged from the army on time when they have served in the army for the full 24 months for non-commissioned officers and soldiers in peacetime.

(2) Non-commissioned officers and soldiers are discharged from the army after serving the full term as prescribed in (1) this section, and it is decided by the Minister of National Defense to extend the active duty period of non-commissioned officers and soldiers, but not exceeding 06 months, in the following cases:

- Ensuring combat readiness;

- Performing the task of preventing and combating natural disasters, epidemics, and rescue and rescue.

(3) Non-commissioned officers and soldiers are discharged from the army early when one of the following conditions is met:

- The medical assessment council at divisional level or equivalent or higher or the medical assessment council at competent level concludes that they do not meet the health standards for active service in accordance with the provisions of Joint Circular 16/2016/TTLT-BYT-BQP.

- Commune-level People's Committees and district-level Military Commands certify that families with difficult circumstances are eligible for postponement of enlistment as specified at Points b and c, Clause 1, Article 41 of the Law on Military Service 2015, specifically as follows:

+ Being the only employee who has to directly take care of relatives who are no longer able to work or have not yet reached working age; in the family suffering heavy loss of life and property due to accidents, natural disasters, and dangerous epidemics, certified by the commune-level People's Committees;

+ A child of a sick soldier or person infected with Agent Orange has a decrease in working capacity from 61% to 80%.

- Commune-level People's Committees and district-level Military Commands certify that families with difficult circumstances are exempt from conscription, as specified at Points a, b, c, Clause 2, Article 41 of the Law on Military Service 2015, as follows:

+ Children of martyrs, children of first-class wounded soldiers;

+ A brother or sister of the martyr;

+ One child of a second-class wounded soldier; one child of a sick soldier with a working capacity decrease of 81% or more; a child of a person infected with Agent Orange has a decrease in working capacity of 81% or more.

- The Military Security Agency shall report to the competent authority to decide that the political criteria are not met as prescribed in Article 5 of Joint Circular 50/2016/TTLT-BQP-BCA.

(4) During the extended period of active service in accordance with the provisions of (2) of this section, if non-commissioned officers and soldiers have difficult family circumstances or do not meet the health standards or do not meet the political criteria specified in (3) of this section, they will be discharged from the army.

2. Demobilization dossiers for non-commissioned officers and soldiers serving active duty in Vietnam

The demobilization dossier for non-commissioned officers and soldiers serving active duty according to Article 5 of Circular 297/2017/TT-BQP includes:

- In cases of being discharged on time or discharged after the time limit, the application includes:

+ History of military service.

+ Health card for military service.

+ Military card.

+ Review of the working process.

+ Decision on demobilization: 05 copies (01 copy by the demobilization settlement unit; 01 copy by the financial agency of the demobilization settlement unit; 01 copy by the district-level military command board where non-commissioned officers and soldiers are discharged from the army; and 2 copies of non-commissioned officers and soldiers discharged from the army, of which one copy is to be submitted to the vocational training establishment where non-commissioned officers and soldiers come to learn a job).

+ Other relevant documents (if any).

- In case of early discharge from the army, the dossier includes:

+ Non-commissioned officers and soldiers who have served in the army for a full month or more, if they are not eligible for active-duty service, shall prepare their demobilization dossiers according to regulations (decision on demobilization clearly stating the reason for demobilization) and enclose one of the following documents:

+ Minutes of medical assessment by the health assessment council from divisional level or equivalent or higher, or medical assessment minutes of the Medical Assessment Council at the competent level, conclude that he is not healthy enough to serve in the army according to the provisions of Point a, Clause 3, Article 4 of Circular 297/2017/TT-BQP.

++ A certificate of the People's Committee of the commune and the Military Command of the district stating that the district is a family in difficult circumstances as prescribed at Points b, c, Clause 3, Article 4 of Circular 297/2017/TT-BQP.

++ Document of the competent authority concluding that the political criteria are not satisfied as prescribed at Point d, Clause 3, Article 4 of Circular 297/2017/TT-BQP.

+ Non-commissioned officers and soldiers who have served in the army for less than 1 month, if they are not eligible for active service, unit commanders of regimental level or higher shall notify in writing and clearly state the reason for not being eligible to serve in the army, enclosed with the enlistment dossier, and return it to the district-level locality where the troops are assigned according to regulations.

3. Competence to settle the demobilization of non-commissioned officers and soldiers serving in the army in Vietnam

Competence to settle demobilization according to Article 6 of Circular 297/2017/TT-BQP stipulates as follows:

- The Minister of National Defense shall decide the time and number of non-commissioned officers and soldiers to be demobilized annually.

- Regiment-level commanders and their equivalents shall decide to demobilize non-commissioned officers and soldiers under their command.

- Divisional commanders and their equivalents or higher shall consider and approve cases in which non-commissioned officers and soldiers are discharged from the army before the time limit specified in Clause 3, Article 4 of Circular 297/2017/TT-BQP.

- Within 12 months from the date of issuance of the decision to demobilize non-commissioned officers and soldiers to the locality, if an individual is admitted to work at a State agency, organization, or economic establishment belonging to all economic sectors and wishes to apply for procedures to move to the receiving place to work, the commander of the district-level military command considers and settles according to regulations.

Quoc Dat

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