In what cases are Vietnam People’s Army Officers entitled to special leave?

In what cases are Vietnam People’s Army Officers entitled to special leave? (Internet image)

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

1. In what cases are Vietnam People’s Army Officers entitled to special leave?

In addition to the annual leave regime, officers are entitled to special leave of no more than 10 days at a time in the following cases:

- Married officers, biological children, and adopted children are legally married.

- The family encounters unexpected difficulties due to parents, legal guardians (both husband and wife); wife or husband); biological or legally adopted children who are seriously ill, have accidents, die, or suffer from serious natural disasters.

(Article 5 of Circular 153/2017/TT-BQP)

2. Annual leave regime for Vietnam People’s Army Officers

(1) Officers are entitled to annual leave as follows:

- Under 15 years of work are entitled to 20 days off;

- From 15 years of service to less than 25 years of service, you are entitled to 25 days off;

- From 25 years of work or more, you are entitled to 30 days off.

(2) Officers in military units stationed far away from their families (spouses; biological children; legally adopted children; parents (both husband's and wife's sides); the legal guardian) when taking annual leave are entitled to additional leave:

- 10 days for the following cases:

+ Stationed 500 km or more away from family;

+ Stationed in remote areas, border areas 300 km or more away from family;

+ Stationed on islands in the Truong Sa and DK archipelagos.

- 05 days for the following cases:

+ Stationed from 300 km to less than 500 km away from family;

+ Stationed in remote, remote, or border areas 200 km or more away from family and with an area coefficient of 0.5 or more;

+ Stationed on islands and entitled to regional allowances.

(3) If an officer specified in (2) cannot take annual leave due to duty requirements, the following year the unit commander will consider and decide to allow the officer under his/her authority to take leave to compensate for the previous year. In special cases, due to the unit's mission requirements, it is still not possible to arrange for officers to take leave; they will be paid salaries for days not yet taken on annual leave according to the provisions of Circular 13/2012/TT-BQP

(4) Travel time is not included in the number of days of annual leave as prescribed in (1), (2).

(5) Every year, commanders of units at the regimental level and equivalent or higher, based on the unit's combat readiness, training, and work tasks, make plans for officers to take leave; The rate of regular leave must not exceed 15% of the total number of officers in the unit. Non-combat units are ready to perform, depending on the nature and requirements of the mission. Academies and schools mainly arrange leave for officers during the summer.

(Article 4 of Circular 153/2017/TT-BQP)

3. Obligations of Vietnam People’s Army Officers

The officers shall have the following obligations:

- To be ready to fight and sacrifice for the independence, sovereignty and territorial integrity of the Fatherland, to protect the Communist Party of Vietnam and the State of the Socialist Republic of Vietnam; to take part in national construction, to protect the property and interests of the State, agencies and organizations; to protect the life, property, legitimate rights and interests of individuals;

- To regularly preserve and foster the revolutionary virtues, study and train themselves in order to raise their professional levels, knowledge, political, military, cultural and professional capabilities as well as their physical strength to fulfill their tasks.

- To absolutely submit to their organizations and commanders; to strictly abide by the army rules, statutes, regimes and regulations; to keep the military and State secrets;

- To constantly care for the material and spiritual interests of the army men;

- To exemplarily observe and mobilize people to observe the Party’s lines and undertakings and the State’s policies and laws; to respect and maintain close contact with people.

(Article 26 of the Law on Vietnam People’s Army Officers 1999)

4. Responsibilities of Vietnam People’s Army Officers

The officers shall have the following responsibilities:

- To take responsibility before law and their superiors for the orders they issue, for the obedience to the superiors’ orders and the task performance by their subordinates.

- To lead, command, manage and organize the implementation of all tasks of their units according to their assigned responsibilities; to ensure that their units strictly adhere to the Party’s lines and undertakings, abide by the State’s laws and policies, the army’s rules, statutes, regimes and regulations and are ready to fight and well fulfill all tasks in any circumstance and under any condition;

- Upon receipt of orders from their commanders, if officers have grounds to believe that such orders contravene laws, they shall have to immediately report such to the persons who have issued such orders;

In cases where they still have to obey the orders, they shall have to promptly report to the immediate superiors of the persons who have issued such orders and shall not have to bear responsibility for the consequences arising from the implementation of such orders.

(Article 27 of the Law on Vietnam People’s Army Officers 1999)

Ho Quoc Tuan

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