| THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
| No: 26/2002/ND-CP | Hanoi, March 21, 2002 |
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:
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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.
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.
RECRUITMENT AND TRAINING OF RESERVE OFFICERS
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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.
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.
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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.
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.
REGISTRATION, MANAGEMENT, TRAINING, CLASS TRANSFER AND RELIEVING FROM OF RESERVE OFFICER STATUS
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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.
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;
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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.
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.
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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.
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.
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;
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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.
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.
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.
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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.
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.
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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.
2. The district-level medical offices shall have to organize health checks for reserve officers.
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2. The contents, forms and time for reserve officers activities shall be guided by the Defense Ministry.
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.
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.
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2. The training duration for each type of subject, stipulated by the Minister of Defense, shall not exceed one month in a year.
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.
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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
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.
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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.
Section 1. APPOINTMENT AND POST REMOVAL, RANK BESTOWAL AND PROMOTION FOR RESERVE OFFICERS
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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.
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;
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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.
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.
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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.
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.
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.
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REGIMES AND POLICIES FOR RESERVE OFFICERS
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.
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.
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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.
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.
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.
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FUNDING FOR RESERVE OFFICER-RELATED WORK
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.
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.
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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.
COMMENDATION AND VIOLATION HANDLING
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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai
File gốc của Decree of Government No.26/2002/ND-CP of March 21, 2002 on reserve officers of The Vietnam People’s Army đang được cập nhật.
Decree of Government No.26/2002/ND-CP of March 21, 2002 on reserve officers of The Vietnam People’s Army
Tóm tắt
| Cơ quan ban hành | Chính phủ |
| Số hiệu | 26/2002/ND-CP |
| Loại văn bản | Nghị định |
| Người ký | Phan Văn Khải |
| Ngày ban hành | 2002-03-21 |
| Ngày hiệu lực | 2002-04-05 |
| Lĩnh vực | Bộ máy hành chính |
| Tình trạng | Hết hiệu lực |