Requirements for retirement from active service for professional servicemen in Vietnam

Requirements for retirement from active service for professional servicemen in Vietnam (Internet image) 

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

1. Cases of retirement from active service for professional servicemen in Vietnam

According to Article 20 of the Law on professional servicemen, National defense workers and official 2015, following is one of the cases eligible for retirement from active service:

- Service duration expires as prescribed in Point a, Clause 1, Article 17 of the Law on professional servicemen, National defense workers and official 2015;

- Volunteer to retire from active service after six years in service as a professional serviceman and that is accepted by competent authorities;

- Maximum age limit expires as prescribed in Clause 2, Article 17 of the Law on professional servicemen, National defense workers and official 2015;

- Cases as prescribed in Clause 4, Article 17 of the Law on professional servicemen, National defense workers and official 2015 but no longer able to be employed by the army;

- No longer able to be employed by the army after personnel structure is changed;

- Political and ethical credentials fail to meet requirements or fail to complete duties for two consecutive years as prescribed in Point d, Clause 2, Article 9 of the Law on professional servicemen, National defense workers and official 2015;

- Health no longer meets requirements.

2. Requirements for retirement from active service for professional servicemen in Vietnam

Pursuant to Article 22 of the Law on professional servicemen, National defense workers and official 2015, the requirements for retirement from active service for professional servicemen in Vietnam include:

- Followings are one of the cases eligible for retirement:

+ Maximum age limit expires as prescribed in Clause 2, Article 17 of the Law on professional servicemen, National defense workers and official 201 and have paid social insurance for at least 20 years;

+ Professional servicemen are no longer able to be employed after 25 years (in case of male) or 20 years (in case of female) in service due to changes of personnel structure;

+ Cases as prescribed in Clause 4, Article 17 of the Law on professional servicemen, National defense workers and official 201;

- Professional servicemen shall be eligible for retirement under policies on sick soldiers if health declines as prescribed.

- Professional servicemen on active service may be transferred to other occupations if accepted by competent authorities and received by agencies, organizations where the professional serviceman is transferred to.

- Professional servicemen outside the scope as prescribed in Clauses 1, 2 and 3 of Article 22 of the Law on professional servicemen, National defense workers and official 2015 shall be demobilized.

3. Duration and age limit for active services for professional servicemen in Vietnam

According to Article 17 of the Law on professional servicemen, National defense workers and official 2015:

(1) Duration of active service during peace time:

- At least six years since the decision to convert into a professional serviceman is issued;

- To the end of age limit as prescribed;

(2) Maximum age limit for active service by rank:

- Company grade: male (52 years old), female (52 years old);

- Major, lieutenant-colonel: male (54 years old), female (54 years old);

- Senior lieutenant-colonel: male (56 years old), female (55 years old);

(3) Professional servicemen who have high technical and professional level, adequate political and ethical credentials, good health and volunteer to join the army shall be considered for extension of age limit for active service but no more than five years.

(4) Any fighter who turns 40 shall be given priority in training and arrangement of other appropriate jobs or change to other occupations. Any fighter who has paid social insurance for 20 years of which 15 years as a fighter shall be eligible for retirement if being unable to serve in the army or unable to be changed to other occupations.

Nguyen Ngoc Que Anh

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