Decree No. 26/2002/ND-CP dated March 21, 2002 of the Government on reserve officers of the vietnam people’s army

DECREE

ON RESERVE OFFICERS OF THE VIETNAM PEOPLE’S ARMY

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of December 25, 2001;

Pursuant to the Law on Officers of the Vietnam People’s Army of December 21, 1999;

Pursuant to the Ordinance on the Mobilized Reserve Forces of August 27, 1996;

At the proposal of the Minister of Defense,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.-This Decree prescribes the recruitment, training, registration, drill, arrangement, post appointment, dismissal from position, rank bestowal and promotion, class transfer and relieving from reserve officer status; summoning of reserve officers for active service in the army; regimes, policies, commendation, violation handling, and funding for reserve officers- related work.

Article 2.-

1 Reserve officers are officers of the Vietnam People’s Army in the reserve status, including class one- reserve officers and class two- reserve officers according to the age limits prescribed in Clause 1, Article 13 of the Law on Officers of the Vietnam People’s Army of December 21, 1999 (hereinafter called the 1999 Officers Law).

2. Reserve officers are registered, managed, trained and arranged into mobilized reserve units, standing ready for mobilization for active service in the army and for reinforcement of the regular forces when so required.

Article 3.-

1. The contingent of reserve officers is built politically, ideologically and organizationally strong, with rational quantity and structure of reserve officers who have commanding, managerial and technically professional skills and capability, meeting the requirements of building and mobilizing the mobilized reserve forces.

2. The building and mobilization of the contingent of reserve officers must ensure adequate quantity, right subjects, proper criteria, the schedule, confidentiality and safety as provided for by law.

Article 4.-The State agencies, political organizations, socio-political organizations, economic organizations, social organizations, socio-professional organizations (hereinafter called collectively the agencies and organizations), the people’s armed force units and all citizens have the responsibility to implement the provisions on reserve officers in this Decree and other relevant legal documents.

Chapter II

RECRUITMENT AND TRAINING OF RESERVE OFFICERS

Article 5.-

1. The following subjects may be recruited for training to be reserve officers:

a) Professional army men, demobilized non-commissioned officers and class one- reserve non-commissioned officers;

b) Public officials and employees outside the army and persons with university or higher degrees.

2. Subjects prescribed in Clause 1 of this Article, if meeting all political, moral and educational criteria as well as health and age conditions, can be recruited for training to be reserve officers. The specific criteria and conditions for subjects to be recruited for training to be reserve officers shall be stipulated by the Minister of Defense.

Article 6.-

1. Basing himself on the need to build the contingent of reserve officers and at the proposal of the Minister of Defense, the Prime Minister shall decide on the reserve officer- training norms, assign the quotas and task of recruiting citizens for annual training of reserve officers to the ministries, the ministerial-level agencies, the agencies attached to the Government (hereinafter called collectively the ministries), the provinces and centrally-run cities (hereinafter called collectively the provinces).

2. Basing himself on the Prime Minister’s decision, the Minister of Defense shall decide on the concrete number of each type of reserve officers to be trained at the ministries and provinces.

Article 7.-The training of reserve officers shall be carried out at army schools. The duration for training of reserve officers shall range from 3 to 6 months. Depending on the subjects, and the requirements of training each type of reserve officers, the Minister of Defense shall specify the training duration, contents and programs.

Article 8.-

1. The Defense Ministry shall guide the ministries and provinces in recruiting eligible persons for training to be reserve officers.

2. The provincial-level People’s Committee shall direct and urge the People’s Committees of rural districts, urban districts, provincial capitals and towns (hereinafter called collectively the district level) to recruit persons for training to be reserve officers strictly according to the norms, subjects, standards and compile dossiers thereon so that the Minister of Defense shall decide to summon them for training to be reserve officers.

3. Based on the Defense Minister’s decisions to summon people for training to be reserve officers, the summoning of each person for training shall be carried out as follows:

a) The district-level People’s Committees shall summon for reserve officers training the class one- reserve non-commissioned officers, public officials and employees outside the army and persons with university or higher degrees, who reside in their respective localities;

b) The deans of universities shall execute the Defense Minister’s decision, calling up graduate students for training to be reserve officers;

c) Units under the Defense Ministry shall call up professional army men and demobilized non-commissioned officers for training to be reserve officers.

Article 9.-

1. Those who are recruited for training to be reserve officers shall have to abide by the regulations on recruitment and obey the orders calling up for training to be reserve officers.

2. Agencies and organizations, which have persons sent for reserve officers training, shall have to supply dossiers, arrange time and ensure the interests of persons sent for reserve officers training as provided for by law.

Chapter III

REGISTRATION, MANAGEMENT, TRAINING, CLASS TRANSFER AND RELIEVING FROM OF RESERVE OFFICER STATUS

Section 1. REGISTRATION AND MANAGEMENT OF RESERVE OFFICERS

Article 10.-Subjects of registration of reserve officers:

1. Officers who are demobilized and still meet the criteria and conditions for transfer into the reserve status;

2. Cadres being professional army men, who are no longer in active service and still meet all the criteria and conditions, are bestowed the reserve officers grades;

3. Professional army men, demobilized non-commissioned officers and class one- reserve non-commissioned officers, who have gone through reserve officers training and been bestowed the reserve officers grades;

4. Public officials and employees outside the army, persons with university or higher degrees, who have gone through reserve officers training and been bestowed the reserve officers grades.

Article 11.-

1. The subjects prescribed in Article 10 of this Decree are obliged to make registration into the reserve officer status.

2. The subjects prescribed in Clause 1 of this Article shall not be registered as reserve officers, if:

a) They are deprived of the right to service in the people’s armed forces;

b) They are examined for penal liability;

c) They are sentenced to imprisonment or non-custodial reform;

d) They go abroad illegally or stay overseas illegally.

3. When they are no longer subject to the provisions in Clause 2 of this Article, the reserve officers registration shall be considered and decided by competent authorities on the case-by-case basis under the guidance of the Defense Ministry.

Article 12.-The reserve officers registration shall be carried out as follows:

1. Reserve officers who are not State officials and employees shall make their registration at the Military Commands of the communes, wards or district towns (hereinafter called collectively the commune level) or the district-level military offices in the localities where the reserve officers register their permanent residence (hereinafter called the residence place);

2. Reserve officers who are State officials and employees shall make their registration at the agencies or organizations where they work or the local district-level military offices.

Article 13.-

1. Within 15 days as from the time the officers retire from active services and are transferred into the reserve status or from the time the reserve officers return to their residence or working places after graduating from reserve officers training courses, the reserve officers shall have to bring the introductory papers and reserve officers cards to the district-level military offices for the first-time registration as provided for in Article 12 of this Decree.

2. The district-level military offices shall carry out the registration procedures and issue papers introducing reserve officers to the commune-level Military Commands or agencies and organizations, where the reserve officers work for management registration.

Article 14.-

1. Within 15 days as from the time the reserve officers make any changes in the registered elements concerning their personal life and families, they must go to the commune-level Military Commands or the agencies and organizations, where they work, to make additional registration.

2. Monthly, the commune-level Military Commands and the agencies, organizations, which have reserve officers, shall synthesize the additional registrations and report thereon to the local district-level military offices.

Article 15.-

1. Reserve officers, before moving their residence or working places from one district to another district, shall have to go to the local district-level military offices to carry out the procedures for introduction to the military offices of the new localities where they shall reside or work.

2. Within 15 days as from the date they arrive at their new residence or working places, the reserve officers shall have to go to the district-level military offices of the localities they move in to make registrations as provided for in Article 12 of this Decree.

Article 16.-

1. Reserve officers, when being away from their residence or working places:

a) Being away for 30 days or more, the reserve officers shall have to report such to the commune-level Military Commands or the agencies, organizations where they work. Monthly, the commune-level Military Commands and agencies or organizations which have reserve officers shall have to report to the local district-level military offices on the number of reserve officers being absent;

b) When reserve officers who have been arranged into mobilized reserve units are absent for three months or more, the district-level military offices shall have to notify the regular units directly receiving the reserve officers thereof;

c) When there is a general mobilization order, the reserve officers must immediately return to their residence or working places to be ready for new tasks.

2. Reserve officers who are sent abroad for public missions or study or travel abroad for personal business:

a) For a period of one year or longer, within no more than 15 days as from the dates the reserve officers go abroad, the commune Military Commands, agencies or organizations where the reserve officers work shall send their representatives to the district-level military offices for registration of long-term absence and submission of reserve officers cards. Within 15 days as from the dates they return from abroad to their residence or working places, the reserve officers shall go to the district-level military offices for re-registration as provided for in Article 12 of this Decree;

b) For a period of less than one year, the reserve officers shall deposit their reserve officers cards at the commune-level Military Commands or the agencies or organizations where they work. The commune-level Military Commands or the agencies or organizations where the reserve officers work shall have to report there on to the local district-level military offices within 15 days after such persons go abroad or return from overseas.

Article 17.-

1. For reserve officers who are entitled to be exempt from active service during the war time, the agencies or organizations where such reserve officers work shall, within 15 days as from the dates such reserve officers receive the decisions on their appointment to positions entitled to the exemption, have to notify such in writing to the local district-level military offices for registration of their exemption from active service during the war time.

2. For reserve officers who no longer hold positions entitled to active service exemption as provided for in Clause 1 of this Article, the agencies or organizations where the reserve officers work shall, within 15 days as from the dates they are relieved from such positions, shall have to notify such in writing to the local district-level military offices for re-registration.

Article 18.-

1. The Defense Ministry shall direct and guide the registration and management of reserve officers nationwide.

2. The People’s Committees of all levels shall have to direct the military offices of the same levels to effect the registration and management of reserve officers in their respective localities.

3. The Regional Military Commands and the provincial-level Military Commands shall have to direct and guide the agencies and units under their management as well as agencies and organizations in their respective localities to effect the registration and management of reserve officers.

4. The district-level military offices, the commune-level Military Commands as well as the agencies and organizations having reserve officers shall have to directly organize the registration and management of reserve officers.

5. Agencies and organizations shall receive, arrange jobs and settle interests for reserve officers only when the district-level military offices introduce that they have fulfilled their registration obligation, and create all conditions for the reserve officers to fully implement the regulations on registration of reserve officers.

6. The regular units and the army training establishments must carry out all procedures to introduce reserve officers for registration at the district-level military offices of the localities where the reserve officers reside or work.

7. The army’s regular units which receive reserve officers shall have to regularly coordinate with the local military offices of different levels in verification, registration and management of reserve officers already arranged in the mobilized reserve units under their respective management.

Article 19.-

1. The dossiers, forms of reserve officer registration and management shall be stipulated by the Defense Ministry.

2. The reserve officers cards shall be issued by the Defense Ministry, the commanders of the units attached to the Defense Ministry shall sign and grant cards; in case of loss of reserve officers cards, it must be immediately reported to the district-level military offices; the re-granting of cards shall be considered in detail by competent authorities.

3. Where reserve officers break law so seriously that they must be subject to legal action institution, the district-level military offices of the localities where the reserve officers reside or the agencies or organizations where the reserve officers work shall temporarily withdraw the reserve officers cards, or propose the competent authorities to officially withdraw the reserve officers cards if the law-breaking reserve officers are sentenced to imprisonment.

4. When reserve officers pass away, the commune-level People’s Committees, agencies or organizations, where the reserve officers reside or work, shall have to immediately notify the district-level military offices thereof.

Article 20.-Principles for arranging reserve officers into mobilized reserve units:

1. Arranging reserve officers with military professions and positions suitable to staff positions first, then persons with nearly suitable military profession if such reserve officers are not enough;

2. Arranging class one- reserve officers first, if not enough, the class two- reserve officers shall be arranged;

3. Arranging reserve officers with residence or working places being close to one another into the same mobilized reserve units;

4. The arrangement of reserve officers should be adjusted in time in cases of fluctuation or change in the contingent of reserve officers.

Article 21.-

1. The reserve officers already arranged into mobilized reserve units shall have periodical health checks once every two years; reserve officers not yet arranged into mobilized reserve units shall have health checks when there appear mobilization demands; the health check results shall be kept in the reserve officers dossiers.

2. The district-level medical offices shall have to organize health checks for reserve officers.

Article 22.-

1. The district-level military offices shall organize the verification of reserve officers at least once a year.

2. The general verification of reserve officers shall be stipulated by the Defense Ministry.

Article 23.-

1. The district-level People’s Committees shall direct the commune- level People’s Committees as well as agencies and organizations having reserve officers to organize get-togethers for the reserve officers already registered into the reserve status at least once a year, not to mention the participation in activities of mobilized reserve units as prescribed.

2. The contents, forms and time for reserve officers activities shall be guided by the Defense Ministry.

Article 24.-

1. The ministries shall appoint full-time or part-time cadres for the reserve officer-related work.

2. In the army, from the district-level military offices upward, full-time cadres shall be appointed to undertake the reserve officer- related work.

Article 25.-

1. Quarterly, the agencies or organizations where reserve officers work shall have to statistically record and report quantitatively and qualitatively on the reserve officers to the local district-level military offices before the 15th day of the last month of the quarter.

2. The military offices of all levels shall observe the statistical and reporting regimes regarding the reserve officers under the guidance of the Defense Ministry.

Section 2. TRAINING OF RESERVE OFFICERS

Article 26.-

1. The contents of training reserve officers shall cover: training of commanding officers for management, political work, professional operations, training on military status transfer, manoeuvres, mobilization readiness, combat readiness (hereinafter called collectively training).

2. The training duration for each type of subject, stipulated by the Minister of Defense, shall not exceed one month in a year.

Article 27.-

1. The annual reserve officers- training quotas at the ministries and provinces shall be decided by the Prime Minister.

2. Basing itself on the Prime Minister’s decisions, the Defense Ministry shall have to direct and guide their units to organize the coordination with the ministries and localities in defining the time, venues and mode of receiving reserve officers for training.

3. The ministries and localities which are assigned the training quotas shall have to mobilize reserve officers in adequate number and with the right subjects, then rally them on time and at the right places, and hand them over to the mobilized reserve units, and receive the reserve officers back to their former working positions after they have completed the training courses.

4. The reserve officers must be present on time and at the right places, stated in the call-up orders, strictly abide by the regulations of the army and units in the training duration.

5. Units which organize the training, after concluding their training courses, must give evaluation and remarks on each reserve officer and notify such to the district-level military offices and agencies where the reserve officers work.

Article 28.-

1. The presidents of the district-level People’s Committees shall call up for concentrated training the reserve officers with the post of battalion commander of the mobilized reserve unit or lower and other reserve officers of the major or lower rank.

2. The presidents of the provincial-level People’s Committees shall call up for concentrated training the reserve officers with post of deputy regiment commander of the mobilized reserve unit or higher and other reserve officers of the lieutenant colonel or higher rank.

3. The ministers shall call up for concentrated training the reserve officers of the mobilization reserve units which their ministries are assigned to build up.

Section 3. CLASS TRANSFER, RELIEVING FROM RESERVE OFFICER STATUS

Article 29.-When reserve officers pass the age for class one- reserve officers as prescribed in Clause 1, Article 13 of the 1999 Law on Officers, the district-level military offices shall carry out procedures, proposing the competent authorities to issue decisions on transfer to class two- reserve and notify the reserve officers thereof.

Article 30.-The district-level military offices shall carry out the procedures proposing the competent authorities to issue decisions on relieving from reserve officer status in the following cases:

1. The reserve officers who have passed the class two- reserve age as prescribed in Clause 1, Article 13 of the 1999 Law on Officers.

2. The reserve officers who fail to meet the officers criteria, fail to meet the health conditions for active service in the army;

3. The reserve officers who serve imprisonment sentences, go abroad illegally, stay overseas illegally.

Article 31.-

1. The competence to decide on the class transfer and status removal for reserve officers shall be as follows:

a) The commanders of the provincial/municipal Military Commands shall decide on the class transfer and status removal for reserve officers of company rank;

b) The Military Region commanders shall decide on the class transfer and status removal for reserve officers of major and lieutenant colonel ranks;

c) The competence to decide on class transfer and status removal for reserve officers of other ranks shall be decided by the Minister of Defense of competent authorities.

2. The consideration and decision on class transfer and status removal for reserve officers shall be carried out annually under the Defense Ministry’s guidance.

Chapter IV

APPOINTMENT, RELIEVING FROM POSTS, RANK BESTOWAL AND PROMOTION, CALL- UP OF RESERVE OFFICERS FOR ACTIVE SERVICE OR REINFORCEMENT OF REGULAR FORCES UPON THE SUB-PARTIAL MOBILIZATION LEVEL

Section 1. APPOINTMENT AND POST REMOVAL, RANK BESTOWAL AND PROMOTION FOR RESERVE OFFICERS

Article 32.-

1. The reserve officers shall be entitled to post appointment according to the staff demands of the mobilized reserve units. Based on the criteria prescribed for each post, working seniority and reserve officers training results, the appointment shall be considered and decided.

2. The removal from posts of reserve officers shall be effected in the following cases:

a) Where class two- reserve officers are holding posts which can be undertaken by available class one- reserve officers who meet all criteria and conditions for appointment for replacement;

b) Where they change the mobilized reserve units where no longer exists the need to retain the posts being held by the reserve officers;

c) Where the reserve officers no longer meet all the criteria and conditions for holding the current posts;

d) Where the reserve officers receive decisions on status removal, hence automatic removal from posts.

3. Reserve officers who breach laws, army disciplines and/or moral quality of the revolutionary cadres shall be disciplined by demotion or removal from posts under decisions of the Minister of Defense.

Article 33.-

1. Reserve officers who fully meet the following criteria and conditions shall be considered for rank promotion:

a) Having good political and moral qualities, having professional qualifications and capabilities prescribed for the positions they are holding; pending the consideration for rank promotion, strictly observing the regulations on registration, management, training, activities and mobilization orders;

b) The posts they are holding in the mobilized reserve units require ranks higher than the current ones;

c) They are mature for reserve officers rank promotion consideration as prescribed in Clause 4, Article 41 of the 1999 Law on Officers.

2. Reserve officers who have research projects, valuable inventions in service of national defense or record outstanding achievements, have performed courageous deeds in the protection of political security, social order and safety, combat against natural calamities, and are conferred orders, shall be considered for rank promotion ahead of time.

3. Reserve officers who breach laws, army disciplines and/or moral qualities of the revolutionary cadres shall be disciplined with rank demotion or deprivation of reserve officers rank under decisions of the Minister of Defense.

Article 34.-

1. The competence to decide on post appointment, reserve officers rank bestowal and promotion shall be as follows:

a) The commanders of the provincial/municipal Military Commands shall decide on the appointment of reserve officers holding the post of deputy battalion commander or equivalent or lower level and the promotion of reserve officers of company rank;

b) The Military Region commanders shall decide on the appointment of reserve officers holding the posts of from battalion commander to regiment commander and equivalent, and the promotion of reserve officers of major and lieutenant colonel ranks;

c) The competence to decide on the appointment and bestowal and promotion of reserve officers of other posts and ranks shall be decided by the Minister of Defense or competent authorities;

d) The competent authorities shall decide on the appointment, bestowal and promotion of reserve officers of any post, any rank shall have competence to remove from posts, dismiss, deprive the rank or demote the reserve officers holding such post and such rank.

2. Before deciding on the appointment, removal from posts, rank promotion, the competent authorities shall have to gather comments of the Party committees and the administrations of the communes where the reserve officers reside or the agencies or organizations where the reserve officers work and consult with the units which receive the reserve officers.

3. The consideration of and decision on post appointment, removal and rank promotion of reserve officers shall be effected annually under the guidance of the Defense Ministry.

Section 2. CALL-UP OF RESERVE OFFICERS FOR ACTIVE SERVICE OR FOR REINFORCEMENT OF REGULAR FORCES UPON THE SUB-PARTIALMOBILIZATION LEVEL

Article 35.-

1. During the wartime, the call-up of reserve officers for active service and reinforcement of regular forces shall comply with the provisions at Point b, Clause 2, Article 40 of the 1999 Law on Officers.

2. During the peace time, basing himself on the quotas of the Prime Minister, the Minister of Defense shall decide to call up reserve officers who have not yet joined the army for active service; at the end of two-year time limit, decide on the demobilization and the continued service on the reserve status. In case of need by the army, the fully qualified reserve officers shall be considered for transfer into the status of active officers or professional army men, military personnel.

Article 36.-The competence to call up reserve officers for reinforcement of regular forces upon the sub-partial mobilization level shall comply with Decree No.25/1998/ND-CP of May 5, 1998 and relevant legal documents.

Article 37.-

1. The agencies, organizations shall have to abide by the orders on calling up reserve officers in their agencies, units and localities and ensure all conditions for the reserve officers to abide by the call-up orders.

2. Upon receiving the call-up orders for active service or reinforcement for regular forces upon the sub-partial mobilization level, the reserve officers must be present on time and at the prescribed places, carrying with them the reserve officers cards.

Chapter V

REGIMES AND POLICIES FOR RESERVE OFFICERS

Article 38.-

1. Class one- reserve non-commissioned officers and public officials as well as employees enjoying salaries from the State budget shall, during the reserve officer- training duration, enjoy the daily food regime like cadets trained to be officers of section rank; enjoy regimes and policies applicable to reserve officers during the concentrated training period as provided for in Article 23 of Decree No.39/CP of April 28, 1997 detailing and guiding the implementation of a number of articles of the Ordinance on Mobilized Reserve Force (hereinafter called Decree No.39/CP for short).

2. Persons with university or higher degrees and not enjoying salaries from the State budget and students graduating from universities shall, during the reserve officers- training period, be entitled to the daily meal regime, the borrowing of military uniforms or the supply of daily life essentials like cadets trained to be officers of section rank, and the monthly stipends equal to that of the sergeant rank. If getting wounded, sick or passing away, they shall enjoy the regimes and policies applicable to reserve officers during the concentrated training as provided for in Clause 6, Article 23 of Decree No.39/CP and relevant legal documents; students, when graduating from universities, may participate in examinations for recruitment of public employees when getting the examination notices and reserve the examination results during the training period.

3. Demobilized non-commissioned officers shall, during the reserve officers- training period, enjoy the daily meal regime like cadets trained to be officers of section level, enjoy above-limit allowances (if any) outside the basic allowances according to the current regulations of each level.

Article 39.-

1. Cadets graduating from reserve officers training shall be bestowed with the reserve officers ranks prescribed in Article 41 of the 1999 Law on Officers; enjoy one month’s salary according to their ranks and shall be given additional marks to the results of their examinations for public employee recruitment just like the demobilized army officers.

2. Non-commissioned officers who have retired from active service and graduated from reserve officers training shall, apart from the benefits prescribed in Clause 1 of this Article, enjoy the regimes and policies applicable to demobilized non-commissioned officers.

Article 40.-

1. Reserve officers who hold commanding posts of mobilized reserve units shall quarterly enjoy the responsibility allowance amount for unit management under the provisions in Article 25 of the Ordinance on Mobilized Reserve Force of August 27, 1996.

2. Reserve officers who have been arranged into mobilized reserve units but do not fall into subjects prescribed in Clause 1 of this Article shall quarterly enjoy the reserve officers’allowance with the coefficient of 0.3 of the minimum salary.

3. Reserve officers who have registered into the reserve status but not yet been arranged into the mobilized reserve units shall quarterly enjoy the responsibility allowance for registration, concentrated activities, inspection of readiness to perform tasks with the coefficient of 0.2 of the minimum salary.

Article 41.-While performing the tasks of reinforcement for regular forces, concentrated training, the reserve officers shall enjoy the regimes and policies applicable to reserve officers prescribed in Articles 23 and 24 of Decree No.39/CP and relevant legal documents.

Article 42.-

1. Reserve officers who are called up for active service shall bear the ranks already bestowed to them and be appointed to posts according to payroll demands and enjoy all interests like active officers of the same ranks.

2. Reserve officers who have finished their active service, if not being transferred into the active service status, shall be entitled to regimes and policies enjoyed by active officers when retiring from the active service.

Article 43.-

1. Reserve officers, while under the reserve service status, who well fulfill their tasks, shall be considered for commendation when being removed from the reserve status under the stipulations of the Minister of Defense.

2. When reserve officers die, the district-and commune-level military offices shall have to coordinate with the localities or agencies, organizations, where the reserve officers reside or work as well as their families in organizing their funerals under the guidance of the Defense Ministry.

Chapter VI

FUNDING FOR RESERVE OFFICER-RELATED WORK

Article 44.-The State budget funding allocated to the Defense Ministry for reserve officer- related work shall be spent according to the provisions in Article 27 of Decree No.39/CP and on the following contents:

1. Organizing the training of reserve officers;

2. Paying responsibility allowances to reserve officers as provided for in Article 40 of this Decree;

3. Organizing the registration, management, activities and commendation of and visits to, reserve officers; printing books, forms and tables, ensuring material supplies in service of the reserve officer- related work;

4. Organizing professional fostering and training on reserve officer- related work, scientific research and other activities related to the registration and management of reserve officers.

Article 45.-The State budget funding allocated to the ministries for reserve officer- related work shall be spent according to the provisions in Article 28 of Decree No. 39/CP and on the following contents:

1. Recruiting public officials and employees as well as university graduates for reserve officers’training;

2. Organizing registration, management, ensuring material supplies for the reserve officer- related work.

Article 46.-The State budget funding allocated to the provinces and districts for the reserve officer- related work shall be spent according to the provisions in Articles 29 and 30 of Decree No.39/CP and on the following contents:

1. Paying allowances to families of class one- reserve non-commissioned officers who are on the reserve officers training;

2. Recruiting citizens for reserve officers training;

3. Organizing health checks for reserve officers;

4. On other activities related to the registration and management of reserve officers.

Chapter VII

COMMENDATION AND VIOLATION HANDLING

Article 47.-Organizations and individuals that record achievements in performing the tasks of building and mobilizing reserve officers shall be commended and/or rewarded according to the State’s regulations.

Article 48.-

1. Those who commit acts of evading, obstructing or opposing the building and mobilization of reserve officers shall, depending on the nature and seriousness of their violations, be administratively handled or examined for penal liability according to the provisions of law.

2. Those who lack responsibility and cause damage to the building and mobilization of reserve officers; abuse their positions and powers to act against regulations or cover up the violators of provisions in this Decree shall, depending on the nature and seriousness of their violations, be disciplined, administratively handled or examined for penal liability, if causing material damage, they must pay compensation therefor according to the provisions of law.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 49.-This Decree takes implementation effect 15 days after its signing and replaces Decree No.153/HDBT of September 8, 1982 of the Council of Ministers on the regime of reserve officers of the Vietnam People’s Army.

Article 50.-The Defense Ministry shall assume the prime responsibility and coordinate with relevant ministries, ministerial-level agencies and agencies attached to the Government in guiding the inspection of the implementation of this Decree.

Article 51.-The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the provincial/municipal People’s Committees shall have to implement this Decree.