Law on Professional Army Men and Defense Workers and Employees, No. 98/2015/QH13

ORDER

On the promulgation of law[1]

THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Articles 88 and 91 of the Constitution of the Socialist Republic of Vietnam;

Pursuant to Article 91 of the Law on Organization of the National Assembly;

Pursuant to Article 57 of the Law on Promulgation of Legal Documents,

PROMULGATES:

The Law on Professional Army Men and Defense Workers and Employees,

which was passed on November 26, 2015, by the XIII^thNational Assembly of the Socialist Republic of Vietnam at its 10^thsession.

President of the Socialist Republic of Vietnam
TRUONG TAN SANG

LAW

On Professional Army Men and Defense Workers and Employees[2]

Pursuant to the Constitution of the Socialist Republic of Vietnam

The National Assembly promulgates the Law on Professional Army Men and Defense Workers and Employees.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation and subjects of application

This Law provides professional army men and defense workers and employees; rights, obligations, service regimes and policies applicable to professional army men and defense workers and employees; and responsibilities and powers of related agencies, organizations and individuals.

Article 2.Interpretation of terms

In this Law, the terms below are construed as follows:

1.Professional army menmean Vietnamese citizens acquiring professional and technical qualifications and skills and being on active service in the People’s Army, who are selected and recruited according to professional titles and are conferred the professional army man ranks.

2.Defense workers and employeesmean Vietnamese citizens acquiring professional and technical qualifications and skills, who are selected and recruited into the People’s Army according to working positions or professional titles but are not conferred the army ranks of officers, professional army men, non-commissioned officers or soldiers.

3.Active-service professional army menmean professional army men being on active service in the regular forces of the People’s Army.

4.Reserve professional armymenmean Vietnamese citizens acquiring professional and technical qualifications and skills, who have registered for service in the reserve force of the People’s Army under the provisions of this Law.

5.Combatantsmean active-service professional army men who perform combat readiness or combat tasks.

Article 3.Positions and functions of professional army men and defense workers and employees

1. Professional army men constitute the core force of the professional and technical contingents, ensuring the leadership, command and management work; and performing the combat readiness, combat, combat service and other tasks of the army.

2. Defense workers constitute a key working force on the payroll of the People’s Army, who are posted according to their working positions and perform tasks at establishments manufacturing, repairing, modifying and preserving weapons and military technical equipment; perform and serve the combat readiness, combat and other tasks of the army.

3. Defense employees constitute the professional and technical components on the payroll of the People’s Army, who are posted according to their professional titles and perform their tasks at offices, research institutions, educational and training institutions, cultural establishments, medical corps units and other non-business units of the Ministry of National Defense.

Article 4.Principles on management and employment of professional army men and defense workers and employees

1. To ensure the absolute, direct and comprehensive leadership of the Communist Party of Vietnam, the supreme command of the President, the unified management of the Government and the direct command and management of the Minister of National Defense.

2. To follow the principles of democratic centralism, heads’ responsibility and management assignment and decentralization.

3. To manage and employ them in strict accordance with the payroll, criteria and identified positions and titles.

4. To assess professional army men and defense workers and employees on the basis of their political and moral qualities, professional qualifications, capability and task performance.

Article 5.Employment of professional army men and defense workers and employees

1. Each professional title in the payroll of the People’s Army only requires the employment of one professional army man, defense worker or defense employee.

2. Pursuant to Article 3 of this Law, the Minister of National Defense shall provide the employment of professional army men and defense workers and employees.

Article 6.Rights and obligations of professional army men and defense workers and employees

1. Rights of professional army men and defense workers and employees:

a/ To be guaranteed by the State with material and spiritual life and preferential regimes and policies suitable to the nature and tasks of the People’s Army;

b/ To be trained and retrained for higher political, military, legal, professional and technical qualifications and skills suitable to their respective positions and titles;

c/ To enjoy other rights as provided by law.

2. Obligations of professional army men and defense workers and employees:

a/ To be absolutely loyal to the Fatherland, the People, the Party and the State of the Socialist Republic of Vietnam;

b/ To strictly abide by the line and undertakings of the Party, policies and laws of the State and the army disciplines, and be ready to fulfill all assigned tasks;

c/ To absolutely submit to the superiors’ orders; upon receiving commanders’ orders, if having grounds to believe that such orders are contrary to law or the regulations and rules of the People’s Army, to immediately report such to the order issuers; if they are still obliged to abide by these orders, to promptly report thereon to the immediate superiors of the order issuers and not to be held accountable for the consequences of the execution of such orders;

d/ To protect property and interests of the State, the army, agencies and organizations; to protect the lives, health, property and lawful rights and interests of individuals;

dd/ To study politics, military science, law, culture, sciences, techniques and professional skills; to temper themselves in the sense of organization, discipline and physical fitness to heighten the political stuff and combat capability as suitable to each of them;

e/ Professional army men shall perform the combat and combat readiness duties, sacrifice themselves for the defense of independence, sovereignty, unity and territorial integrity of the Fatherland; protect the People, the Party, the State and the socialist regime, perform international obligations, abide by the rules and regulations of the People’s Army, and perform other duties of army men as prescribed by the Constitution and law;

g/ Defense workers shall perform the obligations of laborers, abide by the labor disciplines and regulations prescribed by law; defense employees shall perform the obligations of public employees under the Law on Public Employees.

Article 7.Deeds which professional army men and defense workers and employees are not allowed to perform

1. Opposing the orders; shirking or declining the assigned tasks.

2. Abusing the assigned responsibilities and tasks to infringe upon the interests of the State or the lawful rights and interests of agencies, organizations or individuals.

3. Deeds which are contrary to law, rules, regulations and disciplines of the People’s Army.

4. Deeds which cadres, civil servants and public employees are not allowed to perform as prescribed by law.

Article 8.Principles for selection and recruitment of professional army men and defense workers and employees

1. To comply with the requirements of the tasks and payroll of the People’s Army.

2. To ensure democracy, fairness, publicity, transparency, lawfulness and gender equality.

3. To heighten the responsibilities of heads of agencies and units.

4. To ensure properness in working positions and professional titles and fully meet the prescribed conditions and criteria.

5. To prioritize the selection and recruitment of non-commissioned officers and soldiers who record outstanding achievements during their service in the People’s Army; persons with good professional and technical qualifications and skills; persons with talents; and ethnic minority people.

Article 9.Assessment of professional army men and defense workers and employees

1. The assessment of professional army men and defense workers and employees aims to identify their political and moral qualities, capabilities, professional qualifications and skills, and results of performance of their assigned responsibilities and tasks.

Assessment results serve as a basis for assignment, employment, training, retraining, commendation and disciplining of, and implementation of policies toward, professional army men and defense workers and employees.

2. Based on the assessment results, professional army men and defense workers and employees shall be classified as follows:

a/ Those splendidly accomplishing their responsibilities and tasks;

b/ Those well accomplishing their responsibilities and tasks;

c/ Those accomplishing their responsibilities and tasks;

d/ Those failing to accomplish their responsibilities and tasks.

3. The Minister of National Defense shall detail this Article.

Article 10.Competence to decide on professional army men and defense workers and employees

1. The Minister of National Defense shall decide on army rank promotion, wage raise, and promotion to the senior-lieutenant colonel for professional army men; wage raise for defense workers and employees with the wage level corresponding to that of senior-lieutenant colonel for professional army men; prolongation of service ages, or cancellation of army service for professional army men with senior-lieutenant colonel rank and defense workers and employees with a corresponding wage level; and seconding of professional army men.

2. The Minister of National Defense shall prescribe the order and procedures for selection, recruitment, classification, grade promotion, and transfer of title positions of professional army men; grading, grade promotion, rank promotion and transfer of working positions of defense workers; grading, grade promotion, change of working positions of defense employees; the competence of commanders of units under the Ministry of National Defense; and the order and procedures for wage raise, rank promotion, cancellation of army service for professional army men and defense workers and employees not defined in Clause 1 of this Article.

3. Authorities competent to raise wage for and confer and promote any rank will have the competence to lower wages for and demote or strip off such rank.

Article 11.Complaints and settlement of complaints of professional army men and defense workers and employees

1. Professional army men and defense workers and employees may lodge their complaints when having grounds to believe that their unit commanders have committed actsultra viresagainst them or issued decisions in contravention of the rules and regulations of the People’s Army, infringing upon their lawful rights and interests.

The unit commanders shall receive, consider and settle complaints according to the competence, order and procedures prescribed by the Minister of National Defense.

2. Professional army men and defense workers and employees may exercise other complaining rights as prescribed by law.

Article 12.International cooperation in building forces of professional army men and defense workers and employees

1. International cooperation in building forces of professional army men and defense workers and employees must comply with the principles of respect for each other’s independence and sovereignty, non-interference into each other’s internal affairs, equality and mutual benefit, conformity with Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party, and assurance of state secrets.

2. Forms of international cooperation in building forces of professional army men and defense workers and employees:

a/ Training, scientific research, organization of workshops, and exchange of information and materials;

b/ Participation in international military exercises, sport games and competitions;

c/ Exchange of experts.

Article 13.Military uniforms, rank stripes, badges, clothing, and identity cards of professional army men and defense workers and employees

1. Professional army men shall be supplied with military uniforms, rank stripes, badges and identity cards of professional army men.

2. Defense workers and employees shall be supplied with clothing and identity cards of defense workers or identity cards of defense employees.

3. The Government shall detail this Article.

Chapter II

SERVICE REGIME OF PROFESSIONAL ARMY MEN

Section 1

SELECTION AND RECRUITMENT OF PROFESSIONAL ARMY MEN

Article 14.Selection and recruitment of professional army men

1. Subjects of selection:

a/ Officers of the Vietnam People’s Army whose current positions no longer require the employment of officers due to organizational change or shuffle;

b/ Non-commissioned officers and soldiers who are no longer on active service but are on service in the reserve force of the army;

c/ Defense workers and employees.

2. Subjects of recruitment:

Vietnamese citizens other than the subjects defined in Clause 1 of this Article who permanently reside in the Vietnamese territory and are aged full 18 years or older.

3. Selection and recruitment conditions and criteria:

a/ Possessing good political and moral qualities, being physically fit, having clear personal records, and being voluntary for service in the army;

b/ Possessing professional and technical diplomas or certificates suitable to titles of professional army men.

4. Selection and recruitment may take the form of consideration-based recruitment or exam-based recruitment. Those who are formal university graduates with distinction or possess high professional and technical qualifications and skills shall be selected and recruited based on consideration.

Article 15.Grading, grade promotion, change of title positions of professional army men

1. Professional army men with trained professional and technical qualifications and skills suitable to the criteria of their titles will be graded as follows:

a/ Group-I senior grade comprises professional army men with university or higher diplomas; group-II senior grade comprises professional army men with college diplomas;

b/ Intermediate grade comprises professional army men with intermediate level diplomas;

c/ Elementary grade comprises professional army men with elementary level certificates.

2. Professional army men shall be considered for grade promotion when they well or splendidly fulfill their assigned tasks; possess good political and moral qualities; acquire appropriate diplomas after being sent by the army for training and have capability to undertake the positions corresponding to a higher grade of professional army men in the same professional and technical discipline.

3. When required by the army, professional army men may be considered for transfer to new title positions if they are professionally qualified for such positions.

Section 2

PROFESSIONAL ARMY MEN ON ACTIVE SERVICE

Article 16.Army ranks of professional army men

1. Army ranks of professional army men shall be determined corresponding to their respective professional and technical qualifications and skills and wage levels, including:

a/ Senior-lieutenant colonel;

b/ Lieutenant colonel;

c/ Major;

d/ Captain;

dd/ Senior-lieutenant;

e/ Lieutenant;

g/ Second-lieutenant.

2. The highest army rank of professional army men is:

a/ Senior-lieutenant colonel, for the senior grade;

b/ Lieutenant colonel, for the intermediate grade;

c/ Major, for the elementary grade.

3. The Minister of National Defense shall prescribe the army ranks of professional army men corresponding to the wage levels of every grade.

Article 17.Active-service duration and ages of professional army men

1. The active-service duration of professional army men in peacetime is prescribed as follows:

a/ Term service of at least 6 years after the issuance of decisions to transfer them to be professional army men;

b/ Service till the end of the age prescribed in Clause 2 of this Article.

2. The rank-based highest active-service age of professional army men is prescribed as follows:

a/ Company-grade officers: 52 years, for both men and women;

b/ Majors and lieutenant colonels: 54 years, for both men and women;

c/ Senior-lieutenant colonels: 56 years, for men, or 55 years, for women.

3. Professional army men with high professional and technical qualifications and skills, good political and moral qualities, physical fitness and voluntariness shall be considered for prolongation of their active service age for not more than 5 years, if so required by the army.

4. Incumbent combatants, when reaching the age of full 40 years, shall be given priority for training and retraining and posted to take up other positions suitable to the army’s requirements or be demobilized and employed as civil servants. If they can neither be further employed by the army nor be demobilized and employed as civil servants, they are entitled to retire if they have paid social insurance premiums for full 20 years, including 15 years working as combatants.

The list of combatants’ titles shall be prescribed by the Minister of National Defense.

Article 18.Army rank conferment and promotion for professional army men

1. Non-commissioned officers and soldiers who graduate from professional and technical training programs at education and training institutions of the army; and the subjects defined in Clauses 1 and 2, Article 14 of this Law, who are selected and recruited to be professional army men, will be salaried and conferred the professional army man ranks corresponding to their salary levels.

2. A professional army man will be rank-promoted when his/her salary level corresponds to that of a higher rank.

Article 19.Seconding of professional army men

1. Based on military and defense task requirements, active-service professional army men shall be seconded to agencies or organizations outside the army under decisions of competent authorities.

2. Seconded professional army men are entitled to regimes and policies like those applicable to active-service professional army men.

3. Agencies and organizations to which professional army men are seconded shall assign tasks to, and ensure regimes for, the seconded professional army men as provided by law.

Section 3

DEMOBILIZED PROFESSIONAL ARMY MEN

Article 20.Cases in which professional army men are demobilized

Professional army men shall be demobilized in one of the following cases:

1. Upon the expiration of the service duration prescribed at Point a, Clause 1, Article 17 of this Law;

2. The case prescribed at Point b, Clause 1, Article 17 of this Law, past 6 years counting from the date of issuance of decisions to transfer them to be professional army men, if they wish to be demobilized and such demobilization is consented by competent authorities;

3. They pass the highest service age prescribed in Clause 2, Article 17 of this Law;

4. The case prescribed in Clause 4, Article 17 of this Law where they cannot be further employed by the army;

5. Due to reorganization or shuffle, they are no longer employed by the army;

6. Their political and moral qualities fail to meet the task requirements or they have failed to fulfill their responsibilities and tasks for 2 consecutive years as provided at Point d, Clause 2, Article 9 of this Law.

7. They are no longer physically fit.

Article 21.Forms of demobilization

1. Retirement.

2. Discharge from the army.

3. Retirement under the regime applicable to diseased soldiers.

4. Transfer to work as civil servants.

Article 22.Conditions for demobilization

1. Professional army men are entitled to retire in one of the following cases:

a/ Upon the expiration of the highest active-service age prescribed in Clause 2, Article 17 of this Law when they have paid social insurance premiums for at least full 20 years;

b/ Professional army men with at least full 25 years and professional army women with at least full 20 years of service in the army, who are no longer employed by the army due to reorganization or shuffle;

c/ The case defined in Clause 4, Article 17 of this Law.

2. Professional army men shall be demobilized under the regime applicable to diseased soldiers when their health deteriorates as provided by law.

3. Active-service professional army men shall be demobilized and employed as civil servants when so consented by competent authorities and when they are received by agencies or organizations to which they are transferred.

4. Professional army men other than those defined in Clauses 1, 2 and 3 of this Article are entitled to be discharged from the army.

Section 4

RESERVE PROFESSIONAL ARMY MEN

Article 23.Highest service ages for reserve professional army men

1. For company-grade officers: 54 years.

2. For majors and lieutenant colonels: 56 years.

3. For senior-lieutenant colonels: 58 years.

Article 24.Subjects registered to be reserve professional army men

1. Demobilized professional army men being still in the reserve service age prescribed in Article 23 of this Law.

2. Reserve non-commissioned officers and soldiers with professional and technical qualifications and skills suitable to the army’s requirements.

3. Male citizens who are in the military-service age but not yet on active service, graduate from vocational education institutions or higher education institutions, and possess professional and technical qualifications and skills suitable to the army’s requirements.

Article 25.Training of reserve professional army men

1. Reserve professional army men shall participate in military training courses, exercises and mobilization readiness and combat readiness tests in mobilization reserve units for a total duration not exceeding 12 months.

2. The Prime Minister shall decide on the quantity of reserve professional army men summoned for annual concentrated training courses, exercises and mobilization readiness and combat readiness tests.

3. The Minister of National Defense shall decide on the distribution of quotas of reserve professional army men to be summoned for army units; prescribe the number of training courses and duration of each course; summon reserve professional army men during training intervals for training courses, exercises and mobilization readiness and combat readiness tests for not more than 7 days. When necessary, the Minister of National Defense may retain reserve professional army men for training for not more than 2 months, provided that the total training duration must not exceed the duration prescribed in Clause 1 of this Article.

Article 26.Army-rank conferment and promotion for reserve professional army men

The army-rank conferment and promotion for reserve professional army men must comply with Articles 10 and 18 of this Law.

Article 27.Demobilization of reserve professional army men

Reserve professional army men who pass the highest service age prescribed in Article 23 of this Law or are no longer physically fit for reserve service shall be demobilized under decisions of commanders of district-level Military Commands.

Chapter III

SERVICE REGIME APPLICABLE TO DEFENSE WORKERS AND EMPLOYEES

Section 1

SELECTION AND RECRUITMENT OF DEFENSE WORKERS AND EMPLOYEES

Article 28.Selection and recruitment of defense workers and employees

1. Subjects of selection:

a/ Vietnam People’s Army officers and professional army men whose employment is no longer required for their respective positions or titles;

b/ Non-commissioned officers and soldiers who have finished their active-service duration.

2. Subjects of recruitment:

Vietnamese citizens other than those defined in Clause 1 of this Article who permanently reside in the Vietnamese territory and are are aged full 18 years or older.

3. Selection and recruitment conditions and criteria include:

a/ Possessing good political and moral qualities, physical fitness and clear personal records and volunteer their service in the People’s Army;

b/ Possessing professional and technical diplomas or certificates or having aptitude or skills suitable to working positions, for defense workers, or to professional titles, for defense employees.

4. Selection and recruitment may take the form of consideration-based recruitment or exam-based recruitment. Those who are formal university graduates with distinction or possess high-grade professional and technical qualifications and skills or win prizes at national or international vocational skills competitions may be selected and recruited based on consideration.

Article 29.Classification, class promotion and grade promotion for defense workers

1. Defense workers shall be classified as follows:

a/ Class A comprises defense workers who possess college diplomas and have the title of practitioner bachelor or practitioner engineer recognized;

b/ Class B comprises defense workers who possess intermediate diplomas and corresponding degrees of vocational skills;

c/ Class C comprises defense workers who possess elementary certificates and corresponding grades of vocational skills.

2. When required by the army, defense workers shall be considered or sit exams for class promotion if they well or splendidly fulfill their assigned responsibilities and tasks, possess good political and moral qualities, have the capability to undertake higher working positions in the same professional and technical discipline, and possess appropriate diplomas.

3. The Government shall prescribe vocational skill grades, and conditions for grade promotion for defense workers.

Article 30.Professional titles, appointment to, change of professional titles of defense employees

1. Professional titles of defense employees demonstrate their respective professional and technical qualifications, capabilities and skills in each professional field.

The Minister of National Defense shall prescribe the list, criteria and codes of professional titles of defense employees after reaching agreement with the Ministry of Home Affairs.

2. The appointment to and change of professional titles of defense employees shall be effected according to the army’s requirements and tasks and the law on public employees.

Section 2

ARMY SERVICE, RETIREMENT FROM ARMY SERVICE OF DEFENSE WORKERS AND EMPLOYEES

Article 31.Highest service ages of defense workers and employees

1. Full 60 years, for men.

2. Full 55 years, for women.

Article 32.Cases of retirement from army service of defense workers and employees

1. They pass the highest service age prescribed in Article 31 of this Law.

2. Due to reorganization or reshuffle, they are no longer employed by the army.

3. Their political and moral qualities fail to meet the task requirements or they fail to fulfill their duties and tasks for 2 consecutive years as provided at Point d, Clause 2, Article 9 of this Law.

4. They no longer physically fit.

5. They wish to retire from service in the army and such is consented by competent authorities.

Article 33.Forms of retirement from army service of defense workers and employees

1. Retirement.

2. Transfer to work as civil servants.

3. Work cessation.

Article 34.Conditions for defense workers and employees to retire from army service

1. Defense workers and employees are entitled to retire in one of the following cases:

a/ Fully satisfying the conditions prescribed by the law on social insurance;

b/ Having worked for full 15 years as defense workers and paid social insurance premiums for full 20 years, when they reach full 50 years of age, for men, or 45 years of age, for women;

c/ Where defense workers and employees have not yet fully met the retirement conditions prescribed at Points a and b of this Clause and are no longer employed by the army due to reorganization or reshuffle, if they reach the age of between full 55 years and under 60 years, for men, or between full 50 years and under 55 years, for women, and they have paid social insurance premiums for at least full 20 years.

2. Defense workers and employees may be transferred to work as civil servants if so consented by competent authorities and when they are received by agencies or organizations to which they are transferred.

3. Defense workers and employees will cease working in the following cases:

a/ They have not yet passed the service age prescribed in Article 31 of this Law but wish to retire from service in the army and such is consented by competent authorities;

b/ Due to reorganization or reshuffle, they are no longer employed by the army but do not fall in the case prescribed at Point c of Clause 1, or Clause 2, of this Article;

c/ The cases defined in Clauses 3 and 4, Article 32 of this Law where they do not fully meet the retirement conditions.

Chapter IV

REGIMES AND POLICIES APPLICABLE TO PROFESSIONAL ARMY MEN AND DEFENSE WORKERS AND EMPLOYEES

Article 35.Training and retraining regimes

1. The contents, programs, forms and duration of training and retraining of professional army men and defense workers and employees shall be based on the organizational and payroll requirements of the People’s Army, and the criteria on working titles and positions and professional titles.

2. The Minister of National Defense shall specify the contents, programs and forms of training and retraining of professional army men and defense workers and employees after reaching agreement with the Ministry of Education and Training and other related ministries and sectors.

3. Professional army men and defense workers and employees have the following obligations and entitlements in their training and retraining duration:

a/ To strictly abide by the training and retraining regulations and disciplines of the army, and submit to the management by education and training institutions;

b/ To be entitled to full payment of salaries and allowances, and have their training and retraining duration included in their seniority of service in the army for consideration of wage raise and rank promotion.

Article 36.Salaries, allowances, lodgings and conditions for task performance for professional army men and defense workers and employees

1. Wages of professional army men and defense workers and employees shall be determined according to their respective training degrees, working titles and positions and professional titles, suitable to the nature and tasks of the army as a special working sector.

2. Professional army men and defense workers and employees are entitled to:

a/ Seniority allowances, calculated according to their current wage levels and duration of service in the regular force of the army as provided by law;

b/ Allowances and subsidies like those for cadres, civil servants and public employees in the same working conditions;

c/ Allowances and subsidies suitable to the nature of special military activities.

3. Professional army men and defense workers and employees are entitled to preferential policies on social-house supports or rent of official-duty houses as prescribed by law.

4. Professional army men are entitled to housing allowances.

5. The Government shall detail this Article.

Article 37.Wage raise for professional army men and defense workers and employees

1. Professional army men and defense workers and employees will be entitled to wage raise if they fully satisfy the criteria on political and moral qualities, capability and professional and technical qualifications and skills and reach their respective wage raise deadlines as prescribed.

2. Each wage raise shall be effected with only one grade; if they record extraordinarily splendid achievements in combat, combat service, study or task performance, their wages will be raised ahead of time or with more than one grade. If, pending the wage raise consideration, they break the army disciplines and law, their wage raise time limits will be prolonged.

3. The Government shall detail this Article.

Article 38.Leave regimes applicable to professional army men and defense workers and employees

1. Professional army men and defense workers and employees may take leaves under the Labor Code and regulations of the Minister of National Defense. It they cannot take annual leaves as required by their respective tasks, they will, in addition to their wages, be paid with an amount equal to their wages for the days they should have taken leaves.

2. Upon mobilization orders, during wartime or in the state of defense emergency, the Minister of National Defense shall order the suspension of the leave regime; professional army men and defense workers and employees who are currently on leave shall return to their units.

Article 39.Healthcare for professional army men and defense workers and employees on service in the army and their relatives

1. Professional army men and defense workers and employees on service in the army will be given healthcare; if they get wounded, sick, accidents or occupational risks far from military medical establishments or suffer diseases which military medical establishments cannot treat, they may take medical examination and treatment at other health establishments and will be entitled to full payment of hospital charges and other regimes as prescribed by law.

2. Blood parents, in-law parents, spouses, lawful nurturers of their spouses, under-18 offspring and lawful adopted children of active-service professional army men are entitled to the health insurance regime as prescribed by law.

3. Relatives of defense workers and employees on service in the army, who are not covered by health insurance, will be entitled to the health insurance regime as prescribed by the Government.

Article 40.Regimes and policies applicable to demobilized professional army men

1. For professional army men who retire:

a/ Their pensions shall be calculated according to the law on social insurance and this Law;

b/ If they retire before they reach the rank-based highest age prescribed in Clause 2, Article 17 of this Law, where they are no longer employed by the army due to reorganization or reshuffle, they will be entitled to a lump-sum allowance in addition to the law-prescribed social insurance regime;

c/ They will be assisted by administrations of localities where they reside in stabilizing their life; if they do not have houses yet, they will be entitled to the social-house support policy as provided by law.

2. For professional army men who are transferred to work as civil servants:

a/ They will have their wages and seniority allowances at the time of transfer reserved for 18 months;

b/ When they retire, they will enjoy the seniority allowances calculated based on the duration they are on active service and their current wages. If their current wages are lower than the professional army men’s wages at the time of transfer, the wage levels at the time of transfer will be used for calculation of their pensions as prescribed by law;

c/ If due to task requirements, they are re-mobilized for active service, the duration they work as civil servants will be included in their continuous working duration for consideration of wage raise and rank promotion and in their working seniority.

3. For demobilized professional army men:

a/ They will be provided with a lump-sum job-creation allowance and demobilization allowances; have their period of social insurance premium payment reserved or be provided with a lump-sum allowance from the social insurance fund as prescribed by law;

b/ If they have been on active service for at least full 15 years, when they get sick, they will be given medical examination and treatment at military medical establishments under the regulations of the Minister of National Defense;

c/ They will be given additional scores when taking exams for recruitment of civil servants or public employees;

d/ They are entitled to  the regimes and policies prescribed at Point c, Clause 1 of this Article.

4. For professional army men demobilized under the regime applicable to diseased soldiers:

a/ They are entitled to the preferential regime applicable to persons with meritorious service to the revolution and the social insurance regime as prescribed by the Law on Social Insurance;

b/ They are entitled to the regimes and policies prescribed at Point c, Clause 1 of this Article.

5. The duration of their direct engagement in combat or combat service or working in difficulty-hit localities or doing peculiar occupations will be converted for calculation of their entitlements upon their demobilization.

6. Demobilized professional army men may use military uniforms, badges and rank stripes on festive days, meetings and traditional get-togethers of the army.

7. The Government shall detail Points a and b of Clause 1, Points a and c of Clause 3, and Clause 5, of this Article.

Article 41.Regimes and policies applicable to demobilized defense workers and employees

1. For defense workers and employees who retire:

a/ Their pensions shall be calculated according to the law on social insurance and this Law;

b/ When they retire before they reach the highest age prescribed in Article 31 of this Law and due to reorganization or reshuffle,  they are no longer employed by the army, they will be paid a lump-sum allowance in addition to the law-prescribed social insurance regime;

c/ They will be assisted by administrations of localities where they reside in stabilizing their life; if they do not have lodgings yet, they will be entitled to the social-house support policy as provided by law.

2. For defense workers and employees who are transferred to work as civil servants:

a/ Upon retirement, they are entitled to seniority allowances calculated based on the duration of their service in the army and their current wages. If the current wages are lower than the wages of defense workers or employees at the time of transfer, the wage levels at the time of transfer will be used for calculation of their pensions as prescribed by law;

b/ Where due to task requirements, they are re-mobilized for army service, the duration in which they work as civil servants will be included in the continuous working duration for consideration of wage raise and in working seniority.

3. For defense workers and employees who cease working:

a/ They are entitled to work cessation allowances as prescribed by law;

b/ When ceasing working, if they are not fully qualified for pensions or have not received  the lump-sum social insurance allowance, they will have their period of social insurance premium payment reserved or receive a lump-sum allowance from the social insurance fund as provided by law;

c/ They are entitled to the regimes and policies prescribed at Point c, Clause 1 of this Article;

d/ Defense workers and employees who cease working and are still in the working age will be given additional scores while taking exams for recruitment of civil servants or public employees.

4. The duration of their direct engagement in combat service or working in difficulty-hit areas or doing peculiar occupations will be converted for calculation of entitlements when they are demobilized.

5. The Government shall detail Points a and b of Clause 1, and Clause 4, of this Article.

Article 42.Regimes and policies applicable to professional army men and defense workers and employees who get wounded, lay down their lives or die while they are on service in the army

1. When performing their tasks, if getting wounded, professional army men are entitled to the policies applicable to war invalids, while defense workers and employees are entitled to policies like war invalids.

2. For professional army men and defense workers and employees who lay down their lives, their relatives are entitled to the regimes prescribed by the law on preferential treatment of people with meritorious service to the revolution, the social insurance regime as provided by the law on social insurance , and a lump-sum allowance.

3. For professional army men and defense workers and employees who die, their relatives are entitled to the regimes and policies as prescribed by the law on social insurance and a lump-sum allowance.

4. The Government shall prescribe the regime of lump-sum allowances mentioned in Clauses 2 and 3 of this Article.

Article 43.Regimes and policies applicable to reserve professional army men

1. Reserve professional army men coming for military service registration or military service medical examination will be provided with meals, lodgings and travel fares.

2. Reserve professional army men who are working in agencies or organizations are entitled to full payment of their current salaries and allowances while performing their military service registration or military service medical examination.

3. During their concentrated training courses, exercises or mobilization readiness and combat readiness tests, reserve professional army men and their relatives are entitled to the regimes and policies prescribed by law.

Chapter V

RESPONSIBILITIES AND POWERS OF AGENCIES AND ORGANIZATIONS

Article 44.Agencies performing the state management of professional army men and defense workers and employees

1. The Government shall perform the unified state management of professional army men and defense workers and employees.

2. The Ministry of National Defense shall assist the Government in performing the state management of professional army men and defense workers and employees.

Article 45.Responsibilities and powers of the Ministry of National Defense

1. To promulgate according to its competence or submit to competent authorities for promulgation legal documents on professional army men and defense workers and employees.

2. To organize the implementation of legal documents on professional army men and defense workers and employees.

3. To coordinate in propagating and disseminating the law on professional army men and defense workers and employees.

4. To conduct examination, inspection and commendation, handle violations, and settle complaints and denunciations about the implementation of the law on professional army men and defense workers and employees.

5. To enter into international cooperation in building the forces of professional army men and defense workers and employees.

Article 46.Responsibilities and powers of ministries and ministerial-level agencies

Ministries and ministerial-level agencies shall, within the ambit of their respective tasks and powers, coordinate with the Ministry of National Defense in performing the state management of professional army men and defense workers and employees; providing professional and technical training; creating conditions for the implementation of regimes and policies toward professional army men and defense workers and employees as well as their relatives; giving priority to the employment of professional army men and defense workers and employees who are transferred to work as civil servants, discharged from the army or cease working in accordance with law.

Article 47.Responsibilities and powers of local administrations

Within the ambit of their tasks and powers, local administrations shall:

1. Direct the vocational guidance education for creation of sources of professional army men and defense workers and employees;

2. Organize and manage reserve professional army men in accordance with law.

3. Implement regimes and policies toward professional army men and defense workers and employees; and policies toward relatives of professional army men and defense workers and employees residing in their respective localities in accordance with law.

Chapter VI

COMMENDATION, AND HANDLING OF VIOLATIONS

Article 48.Commendation

Professional army men and defense workers and employees who record achievements or exploits in combat or work will be considered for conferment of orders, medals, state honorary titles and other forms of commendation as prescribed by law.

Article 49.Handling of violations

1. Professional army men and defense workers and employees who break disciplines or law shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned or examined for penal liability; and shall, if causing harms to the health or life of other persons or property or lawful interests of agencies, organizations or individuals, pay compensation in accordance with law.

2. Professional army men who are subject to legal proceedings or held in custody or detention under the Criminal Procedure Code may not use military uniforms, army badges, rank stripes or badges; if being sentenced to imprisonment, they will naturally be stripped off the army badges, rank stripes or badges when the judgments take legal effect.

3. Agencies, organizations or individuals that violate the law on professional army men and defense workers and employees shall, depending on the nature and severity of their violations, be handled in accordance with law.

Article 50.Disciplinary forms applicable to professional army men and defense workers and employees

1. Disciplinary forms applicable to professional army men:

a/ Reprimand;

b/ Caution;

c/ Demotion;

d/ Dismissal from office;

dd/ Wage degrading;

e/ Army rank demotion;

g/ Being stripped off the army man title.

2. Disciplinary forms applicable to defense workers and employees:

a/ Reprimand;

b/ Caution;

c/ Wage degrading;

d/ Dismissal from job.

3. The wage degrading shall be effected for only one grade at a time; in case of serious violation of army disciplines or state law, multi-grade lowering shall be effected.

4. The disciplinary form of stripping the army man title will not apply to professional army men, and the form of dismissal from job will not apply to defense workers and employees who are pregnant, on maternity leave or nursing children of under 12 months old.

5. The application of disciplinary forms to, and the order, procedures and competence for disciplining, defense workers and employees must comply with law.

6. The Minister of National Defense shall provide the application of disciplinary forms to, and the order, procedures, statute of limitations, time limit and competence for disciplining, professional army men; and provide the rank demotion of professional army men who are subject to the disciplinary form of wage degrading.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 51.Effect

This Law takes effect on July 1, 2016.

The current legal provisions on professional army men remain effective through June 30, 2016.

Article 52.Detailing provision

The Government and competent agencies shall detail the articles and clauses in this Law as assigned.

This Law was passed on November 26, 2015, by the XIII^thNational Assembly of the Socialist Republic of Vietnam at its 10^thsession.-

Chairman of the National Assembly
NGUYEN SINH HUNG