Authority to handle people who has incurred disciplinary penalty under the military in Vietnam

Authority to handle people who has incurred disciplinary penalty under the military in Vietnam

Based on Article 12 of Circular 143/2023/TT-BQP (taking effect on February 15, 2024), regulations on the authority to handle people who has incurred disciplinary penalty under the military in Vietnam are as follows:

- Platoon leaders and equivalent positions have the authority to discipline soldiers.

- Company commanders and equivalent positions have the authority to discipline up to platoon leaders and equivalent positions.

- Battalion commanders, battalion political officers, border control station commanders, and equivalent positions have the authority to:

+ Discipline up to company commanders and equivalent positions; professional officers up to the rank of captain; defense officials, workers, and civil servants with a salary coefficient below 5.3;

+ Issue a warning to platoon leaders and equivalent positions; demote officers to the rank of sergeant; defense officials, workers, and civil servants with a salary coefficient below 4.9;

- Regiment commanders, regiment political officers, border control post commanders, and equivalent positions have the authority to:

+ Discipline up to battalion commanders, regiment political officers, border control post commanders, and equivalent positions; professional officers up to the rank of major; defense officials, workers, and civil servants with a salary coefficient below 6.1;

+ Issue a warning to company commanders and equivalent positions; demote officers to the rank of lieutenant; defense officials, workers, and civil servants with a salary coefficient below 5.3;

+ Demote platoon leaders and equivalent positions;

+ Demote military ranks from first class to second class.

- Brigade commanders, brigade political officers, division commanders, division political officers, and equivalent positions have the authority to:

+ Discipline up to regiment commanders, regiment political officers, border control post commanders, and equivalent positions; professional officers up to the rank of lieutenant colonel; defense officials, workers, and civil servants with a salary coefficient below 6.8;

+ Issue a warning to battalion commanders, regiment political officers, border control post commanders, and equivalent positions; demote officers to the rank of major; defense officials, workers, and civil servants with a salary coefficient below 6.1;

+ Demote platoon leaders and equivalent positions;

+ Demote military ranks, revoke military titles to the rank of sergeant.

- Division commanders, division political officers, and equivalent positions have the authority to:

+ Discipline up to brigade commanders, brigade political officers, division commanders, division political officers, and equivalent positions; professional officers up to the rank of colonel; defense officials, workers, and civil servants;

+ Issue a warning to battalion commanders, regiment political officers, border control post commanders, and equivalent positions; demote officers to the rank of major; defense officials, workers, and civil servants with a salary coefficient below 6.8;

+ Demote platoon leaders and equivalent positions;

+ Demote military ranks, revoke military titles to the rank of sergeant.

- Commanders and political officers of the Naval Command, Coast Guard Command, and equivalent positions have the authority to:

+ Discipline up to division commanders, division political officers, naval fleet commanders, naval fleet political officers, and equivalent positions; officers up to the rank of brigadier general; professional military personnel up to the rank of lieutenant colonel; defense officials, workers, and civil servants;

+ Issue a warning to naval squadron commanders, naval squadron political officers, and equivalent positions; officers up to the rank of lieutenant colonel; defense officials, workers, and civil servants with a salary coefficient below 6.8;

+ Demote ship captains, political officers of ships with a position allowance coefficient of 0.4, and other positions with the same coefficient;

+ Demote military ranks, revoke military titles to the rank of sergeant.

- Commanders and political officers of units such as the Vietnam Coast Guard, Command 86, Hanoi Capital Command, branches, and equivalent positions have the authority to:

+ Discipline up to division commanders, division political officers, commandants, and coast guard equivalents; commanders, political officers of Vietnam Coast Guard regions, and equivalent positions;

+ Issue a warning to battalion commanders, regiment commanders, battalion political officers, regiment political officers, and equivalent positions; officers up to the rank of brigadier general; professional military personnel up to the rank of lieutenant colonel; defense officials, workers, and civil servants (excluding positions specified in this point);

+ Demote platoon commanders, deputy regiment commanders, deputy battalion political officers, deputy regiment political officers, and equivalent positions;

+ Reduce salaries, demote military ranks of officers to the rank of major; professional military personnel, defense officials, workers, and civil servants under the authority of the Ministry of Defense for salary increases as regulated by the Ministry of Defense;

- Commanders, political officers of military regions, military branches, Border guards, and military divisions; Heads and political officers of the General Departments of Logistics, Technology, and Defense Industry; Directors, political officers of General Department II; Heads of Government's Specialized Agencies and equivalent positions have the authority to:

+ Reprimand up to division commanders, division political officers, naval fleet commanders, naval fleet political officers, and equivalent positions; commanders, political officers of naval regions and equivalent positions; commanders, political officers of provincial and city military command; provincial and city Border Guard and equivalent positions;

+ Issue a warning to battalion commanders, regiment commanders, battalion political officers, regiment political officers, and equivalent positions; officers up to the rank of brigadier general; professional military personnel up to the rank of lieutenant colonel; personnel working in specialized organizations, civil servants, workers, and defense officials (excluding positions specified in point a of Article 9 of Circular 143/2023/TT-BQP);

+ Demote battalion commanders, regiment commanders; battalion political officers, regiment political officers, and equivalent positions; district-level military command commanders, political officers;

+ Reduce salaries, demote military ranks of officers to the rank of lieutenant colonel; professional military personnel, defense officials, workers, and civil servants under the authority of the Ministry of Defense for salary increases as regulated by the Ministry of Defense;

- Chief of the General Staff and Chairman of the General Political Department have the authority to handle disciplinary violations as specified in point 9 of Article 12 of Circular 143/2023/TT-BQP and handle disciplinary violations of officials, workers, and defense officials in joint-stock companies under the Ministry of Defense.

+ Minister of Defense handles disciplinary violations of subjects within their jurisdiction.

Authority to handle people who has incurred disciplinary penalty under the military in Vietnam (Internet image)

Appealing disciplinary decisions in Vietnam

Based on Article 8 of Circular 143/2023/TT-BQP, regulations on appealing disciplinary decisions in the military in Vietnam are as follows:

- If the person who committed the disciplinary violation disagrees with the disciplinary decision, they have the right to appeal to the competent authority according to the regulations of the law and the Ministry of Defense.

Before a decision is made by the competent authority, the person who committed the disciplinary violation must still strictly comply with the current decision.

- When receiving an appeal from the person who committed the disciplinary violation, the agencies and units must be responsible for reviewing and responding within the jurisdiction and within the time limit as prescribed by law and the Ministry of Defense.

Mai Thanh Loi

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