What are the regulations on the latest regime for the transferred People's Army Officers in Vietnam? - Huu Khanh (Long An, Vietnam)
Latest regime for the transferred People's Army Officers in Vietnam (Internet image)
Regarding this issue, LawNet would like to answer as follows:
The regime for People's Army Officers changing branches according to Article 3 of Decree 21/2009/ND-CP is as follows:
(1) Transferred officers recruited to work at state agencies, non-business units, political organizations, and socio-political organizations with salaries from the state budget (hereinafter collectively referred to as agency or unit) enjoy the following benefits:
- Priority is given to job placement suitable for professional, technical, and professional occupations; recipients receive necessary professional training and retraining in accordance with the work they undertake;
- Being exempted from the entrance exam if they change their major to their old agency or unit or change their major at the request of a competent state agency;
- Priority will be given to adding points to the results of the entrance exam when taking the civil servant recruitment exam as prescribed for the subjects at Point b, Clause 1, Article 5 of Decree 138/2020/ND-CP and Point b, Clause 1, Article 6 of Decree 115/2020/ND-CP.
- Salary is suitable for the new job. In case the new salary coefficient is lower than the salary coefficient already enjoyed by the officer at the time of switching, they are entitled to reserve the coefficient of difference between the officer salary coefficient and the new salary coefficient (according to the job) for a minimum period of 18 months since the decision to change branches takes effect and is paid for by the new agency or unit.
During the reservation period, if the new salary coefficient is equal to or higher than the salary coefficient the officer was entitled to before changing the branch, the new salary coefficient will be enjoyed;
- Upon retirement, the pension calculation method shall be applied according to the provisions of Article 2 of Decree 21/2009/ND-CP.
(2) Officers change their branches to agencies and units, receive salaries from the state budget, and then transfer to agencies and units that do not receive salaries from the state budget, upon retirement, the calculation of the pension shall be added to the seniority allowance according to the time of active service of the officer's salary at the time of switching, which is converted according to the salary regime prescribed at the time of retirement.
(3) For officers who have changed jobs due to the needs of the army and are reassigned by competent authorities to serve in the army, the time of changing majors shall be included in the continuous working time for consideration of promotion to military rank or salary increase and working seniority in accordance with current regulations of law.
Standards of People's Army Officers in Vietnam according to Article 12 of the Law on Vietnam People's Army Officer 1999 are as follows:
* General criteria:
- Being politically steadfast, absolutely loyal to the Fatherland and people, the Communist Party of Vietnam and the State of the Socialist Republic of Vietnam; having the spirit of high revolutionary vigilance, being ready to fight, make sacrifice and fulfill all assigned tasks;
- Having revolutionary virtues; being industrious, thrifty, incorruptible, upright, devoted and impartial;
Being exemplary in observing the lines and under-takings of the Party as well as policies and laws of the State; promoting democracy, strictly maintaining the army disciplines; respect and unite with people, with comrades-in arms; being trusted by the mass;
- Having the political and military qualifications and the capability to creatively apply Marxism-Leninism, the Ho Chi Minh thoughts, the Party’s and State’s lines, viewpoints and policies to the task of building the entire-people defense as well as the people’s army; having knowledge about the cultural, economic, social, legal and other matters;
Having the capability to carry out practical activities, meeting the requirements of the assigned tasks; having graduated from the training programs prescribed for each post;
- Having clear life story, ages and health suited to the officers’ posts and ranks.
* The specific criteria for each officer’s post are stipulated by the competent authorities.
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