Laws of Vietnam

DECREES:

Article 1.- To promulgate together with this Decree the Regulation on the Service of Non-Commissioned Officers and Soldiers of the Vietnam People's Army.

Article 2.- This Decree takes effect from the date of its signing. The earlier provisions which are contrary to this Decree are now annulled.

Article 3.- The Minister of Defense shall guide the implementation of this Decree.

Article 4.- The Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government, the Presidents of the People's Committees of the provinces and cities directly under the Central Government shall have to implement this Decree.

On behalf of the Government

The Prime Minister

Article 1.-

1. Non-commissioned officers of the Vietnam People's Army are armymen in the ranks of warrant officer, sergeant, and corporal.

2. Soldiers of the Vietnam People's Army are armymen in the ranks of first class privae and private.

1. Non-commissioned officers and soldiers of the People's Army are classified into two classes: non-commissioned officers and soldiers in active service, and non-commissioned officers and soldiers in reserve.

2. The non-commissioned officers and soldiers in reserve are classified into two categories:

a/ Non-commissioned officers and soldiers in reserve of the first category include:

- Non-commissioned officers and soldiers who have fulfilled or overfulfilled their term of military service.

- Non-commissioned officers and soldiers who have been demobilized before the expiry of their term of military service but who have served for at least one year.

- Non-commissioned officers and soldiers who have taken part in combat actions.

- Armymen in reserve of the second category who have finished a 12-month training course will be promoted to armymen in reserve of the first category.

b/ Non-commissioned officers and soldiers in reserve of the second category include:

- Non-commissioned officers and soldiers who have been in active military service for less than one year.

- Male citizens aged 28 years and more who have not yet joined active military service, except those who are temporarily postponed or exempted from military service under Article 29 of the Law on Military Service.

- Women who have registered for military service under Article 4 of the Law on Military Service.

3. Male non-commissioned officers and soldiers in reserve of each category are classified into two groups:

- Group A includes those aged 18-35.

- Group B includes those aged 36-45.

Article 3.-

a/ The term of military service of the non-commissioned officers and soldiers in peace time is stipulated in Articles 14 and 15 of the Law on Military Service. The Minister of Defense shall specify their role and position on the payroll scale of the Vietnam People's Army and make concrete provisions on the 2-year and 3-year services.

b/ Non-commissioned officers and soldiers shall have the obligations and rights as stipulated by the Law on Military Service and other documents in force of the Government.

Article 4.- The following persons shall be selected to replenish the rank of non-commissioned officers in active service:

- Armymen graduating from non-commissioned officers training schools.

- Soldiers who have made outstanding achievements in combat, study and other works and who are qualified to be promoted to the rank of non-commissioned officers as required by the Army.

- Students of universities and colleges, students of intermediate vocational schools and job-training schools, and persons who have acquired technical and professional skills, have finished the non-commissioned officers' military training program, have been called up, and are qualified to perform the function of non-commissioned officers.

- Non-commissioned officers in reserve and persons who have acquired technical and professional skills in non-military branches, have been called up, and are qualified to perform the function of non-commissioned officers.

Article 5.- The army units, State agencies and localities shall within their function have to guarantee the rights of the non-commissioned officers and soldiers in active service, after demobilization, and during their service as non-commissioned officers and soldiers in reserve.

Chapter II

RANKS AND FUNCTIONS OF NON-COMMISSIONED OFFICERS AND SOLDIERS

Article 6.- The ranks and functions of the non-commissioned officers and soldiers:

1. First class private and private: soldiers.

2. Corporal and first class private: squad deputy-leader.

3. Sergeant and corporal: squad leader.

4. Warrant officer and sergeant: platoon deputy-leader, squad leader.

Article 7.- The Minister of Defense shall make provisions for the appointment, promotion, demotion, and stripping of army ranks, and the assignment of positions, demotion, and dismissal of non-commissioned officers and soldiers.

Article 8.- In case an armyman violates discipline, thus affecting the fulfilment of the unit's task, pending the decision on disciplinary measure, the officers in the rank of regiment commander or equivalent upward are authorized to suspend the function of the offender if he is a non-commissioned officer under their command for 30 days at most, and to temporarily appoint another person as replacement, but they must report this to the higher level of authority for consideration and decision.

Chapter III

OBLIGATIONS AND RIGHTS OF NON-COMMISSIONED OFFICERS AND SOLDIERS

Article 9.- Non-commissioned officers and soldiers have the obligations and rights of citizens as stipulated in the Constitution of the Socialist Republic of Vietnam, and other obligations and rights as stipulated in the laws, ordinances and policies of the State and the regulations and regimes of the Army.

Article 10.- Non-commissioned officers and soldiers who have fulfilled their term of military service can be demobilized, but they must register for reserve service in the locality where they reside.

Article 11.- Non-commissioned officers of higher rank are the superiors of non-commissioned officers of lower rank. In case a non-commissioned officer holds a position dependent on another non-commissioned officer of equal or lower rank, he is the inferior.

Article 12.- Non-commissioned officers and soldiers whether in active or reserve forces who violate the State law or the army's discipline, shall be disciplined, subject to administrative fine or brought to court, depending on the seriousness of their offense.

For those who are condemned to imprisonment, depending on their repentance and the results of their re-education, after they serve out their imprisonment term, and if they are not stripped of their armymen's status, they can be considered for continued military service if they have not yet finished their term of service, or for return to the unit to settle their case in accordance with related policies.

(The imprisonment period shall not be accounted for in the term of service).

Article 13.- Non-commissioned officers and soldiers who have made achievements in combat and work shall be considered for conferment of orders, medals and other honors of the State, or for other forms of reward.

Article 14.- Non-commissioned officers and soldiers in different army services and arms must wear the stripes, badges and uniforms of the corresponding ranks and badges of their army service and arms.

Article 15.- Non-commissioned officers and soldiers who are fully qualified, and who volunteer shall be selected for training at the Army's schools, and after their graduation, shall be assigned to jobs compatible with the careers in which they are trained.

In war time, those non-commissioned officers and soldiers who fought bravely and made exploits, or recorded outstanding achievements in work, and who are qualified, can be assigned the function of officers and considered for promotion to officers' rank, or sent to officers' training schools, or to training schools of the State.

Article 16.- Non-commissioned officers and soldiers in active service are entitled to the regimes under the Law on Military Service and the Laws promulgated in December 1990 and June 1994 on Amendments and Supplements to a Number of Articles of the Law on Military Service, and Decrees of the Government, namely:

1. They shall be supplied timely and adequately with quality food, foodstuff, military uniform, medicaments for prevention and treatment of diseases, accommodation, and monthly allowances, and their cultural and spiritual needs shall be met in a way conformable to the character and task of the Army, and according to the regime, criteria and quantity set by the Government in separate stipulations.

2. From the second year on, they shall enjoy annual leaves.

3. From the 25th month to the 36th month, they shall be granted an additional monthly allowance equal to 200% of the basic rank allowance of each rank.

From the 37th month on, in addition to the above-mentioned allowance, they shall be granted a monthly allowance equal to 50% of the basic rank allowance of each rank.

4. They are counted as a member of their family when their family is allotted, or given additional space of, house, land for building dwelling house, and land for cultivation.

5. Their term of military service is counted as their length of work.

6. They are given priority in buying tickets from means of transport owned by different economic sectors.

7. They are entitled to preferential postage rates as stipulated by the Prime Minister.

Article 17.- Non-commissioned officers and soldiers shall be granted money to buy train or coach tickets and a travel allowance.

- Demobilization allowance: number of years of active service multiplied by two months of minimum salary.

- Employment-generating allowance: three months of minimum salary.

Article 18.- Non-commissioned officers and soldiers on a 3-year term of military service shall be granted an additional allowance equal to two months of the basic rank allowance of each rank when they are demobilized.

Article 19.- Demobbed non-commissioned officers and soldiers shall be exempted from doing social community work from the day they register for reserve service.

- The time during which the second-class reserve soldiers are summoned for military training and for combat readiness test shall be subtracted from the time they have to spend on doing community welfare work every year.

Article 20.- During the time when first-class reserve armymen are summoned for military training and for combat readiness test, their families shall be granted a subsidy as follows:

a/ For first-class reserve armymen who receive no salary or payment, their families shall be granted a daily subsidy equal to coefficient 0.1 of the minimum salary.

b/ For those first-class reserve armymen who receive salary or payment from State agencies, social organizations and economic organizations, their families shall be granted a daily subsidy equal to coefficient 0.05 of the minimum salary.

- The above-mentioned subsidies paid for families of the first-class reserve armymen during the time of their military training and combat readiness test shall be taken from the defense expenditure of the local budget as stipulated in Point B, Part II of Inter-Ministerial Circular No.2411-QP/TC of December 27, 1994 of the Ministry of Defense and the Ministry of Finance.

- The unit which directly manages the military training and combat readiness test of the first-class reserve armymen shall make and submit an expenditure plan to the Financial Service of the locality where the reserve armymen reside in order to directly pay a lump sum to the armymen concerned on the last day of their military training and combat readiness test.

1. Non-commissioned officers and soldiers who have fulfilled or overfulfilled their term of military service shall, after their demobilization, be given priority by labour management agencies and job-training centres in the enrolment of students, recruitment of personnel, or recommendation to job placement offices.

2. Non-commissioned officers and soldiers who were called up while working at public offices and economic establishments shall be reinstated by those public offices and economic establishments after their demobilization. If those offices and establishments have been dissolved, closed down or declared bankrupt, the agencies at the immediate higher level shall have to provide employment for them.

In case the agencies at the immediate higher level have also been dissolved or there is no agency at the immediate higher level, the Labor, War Invalids and Social Welfare Service at the provincial level shall have to collaborate with other State agencies, economic organizations and social organizations to provide employment and apply relevant regimes and policies for those non-commissioned officers and soldiers as stipulated by the law on labor and in related fields.

3. Non-commissioned officers and soldiers who are called up right after graduating from job-training schools, intermediate vocational schools, colleges or universities (hereunder referred to as training schools) shall, after their demobilization, be given priority by labor offices, public agencies, units and enterprises of different economic sectors in getting employment and shall be exempted from the probation period.

4. Non-commissioned officers and soldiers who had passed the exams to training schools before they were called up shall be enrolled by those schools on the basis of the results of their exams after they are demobilized.

Article 22.- If the non-commissioned officers and soldiers in active service and in reserve are wounded, fall ill, or die while performing the task of defending the Fatherland or discharging their military task, they and their families are entitled to preferential treatment under current policies of the State.

Article 23.- The rights of the families of non-commissioned officers and soldiers:

1. Their fathers or wives shall be exempted from doing community welfare work in case their families are actually in difficulty and certified as such by the People's Committees of communes, wards or townships.

2. Their fathers, mothers, wives and children shall be given free medical examinations and treatment at State-owned hospitals, and shall be given priority in the granting of emergency relief under the general policy of the State.

3. Their children attending State-run kindergartens and general education schools shall be exempted from school fees and fees for school maintenance.

Chapter IV

DEMOBILIZED NON-COMMISSIONED OFFICERS AND SOLDIERS ENLISTED IN OR LEAVING THE RESERVE FORCE

Article 24.- Non-commissioned officers and soldiers in one of the following cases shall be demobilized and tranferred to the reserve force:

- They have finished the term of military service.

- They have poor health or lack other necessary conditions as stipulated by the Ministry of Defense for continued military service.

- The Army readjusts its organization and payroll.

Article 25.- Commanders of regiments and the equivalent or higher rank shall decide the demobilization of non-commissioned officers and soldiers under their command and their transfer to the reserve force. Only the commanders of division and the equivalent or higher rank can decide the demobilization of non-commissioned officers before the expiry of their military service term.

Article 26.- Non-commissioned officers and soldiers shall retain their military ranks when they are transferred to the reserve force.

Article 27.- Reserve non-commissioned officers and soldiers must comply with the regimes for registration of military service and take part in military training and in readiness for call-up and combat tests as stipulated by the Minister of Defense.

Article 28.- In case a reserve non-commissioned officer or soldier who has been enlisted in reserve unit ready for call-up after a period of military training is assigned to a post and performs it well, he/she shall be considered for appointment and promotion to the rank corresponding to the function he/she performs as stipulated by the Minister of Defense.

Article 29.- During the period of military training and combat readiness test, the reserve non-commissioned officers and soldiers must observe military discipline. Non-commissioned officers and soldiers who record achievements shall be considered for reward, and those who violate discipline shall be handled according to the Discipline Regulation of the Army. In case they break law, they shall be examined for criminal liability.

Article 30.- Reserve non-commissioned officers and soldiers who have served till they reach the age limit for the reserve service, or if they fall ill or are wounded and their health is too poor for continued service, they shall be demobilized from the reserve force. The chief commander of the local military force at district and precinct level shall issue a decision to demobilize non-commissioned officers and soldiers under his/her command.

Chapter V

FINAL PROVISIONS

Article 31.- This Regulation takes effect from the date of its signing.

The Minister of Defense shall guide the implementation of this Regulation.

On behalf of the Government

The Prime Minister