Form of demobilization for active duty non-commissioned officers/enlisted soldiers in the People's Army in Vietnam

Form of demobilization for active duty non-commissioned officers/enlisted soldiers in the People's Army in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Form of demobilization for active duty non-commissioned officers/enlisted soldiers in the People's Army in Vietnam

According to Article 4 of Circular 279/2017/TT-BQP, the form of demobilization for active duty non-commissioned officers/enlisted soldiers in the People's Army is as follows:

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

(ii) Non-commissioned officers and soldiers are discharged from the army after serving the full term as prescribed above and are decided by the Minister of National Defense to extend their active service period 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.

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

- The health assessment council from the division level or equivalent or higher or the competent medical assessment council concludes that he does not meet the health standards for active duty service according to the provisions of Joint Circular 16/2016/TTLT-BYT-BQP regulating medical examination for military service.

- Commune-level People's Committees and district-level Military Commands certify that families with difficult circumstances are subject to the postponement of enlistment 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 suffers 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 follows:

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

+ A brother or sister of a martyr;

+ One child of a second-class invalid; 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 Protection Agency reports to the competent authority that it does not meet political qualifications according to the provisions of Article 5 of Joint Circular 50/2016/TTLT-BQP-BCA regulating political standards for selecting citizens to serve in the Vietnam People's Army.

- During the extension of the active duty period as prescribed in Clause (ii), if non-commissioned officers or soldiers have difficult family circumstances, do not meet the health standards, or do not meet the political standards as prescribed in Clause (iii), they will be discharged from the army.

2. Competence to settle the demobilization for active duty non-commissioned officers/enlisted soldiers in Vietnam

Competence to settle the demobilization of active duty non-commissioned officers/enlisted soldiers in Vietnam

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

- Divisional commanders and equivalents or higher shall consider and approve in cases where non-commissioned officers and soldiers are discharged from the army before the time limit specified in Clause (iii) Section 1.

- Within 12 months from the date of issuance of the decision to demobilize non-commissioned officers and soldiers to the locality, if the individual is admitted to work at State agencies, organizations, or economic establishments belonging to all economic sectors and wishes to apply for the procedure to move to the receiving place to work, the commander of the district-level military command shall consider and settle according to regulations.

(Article 6 of Circular 279/2017/TT-BQP)

Nguyen Ngoc Que Anh

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