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| THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
| No: 54-CP | Hanoi, August 07, 1995 |
THE GOVERNMENT
Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Law on Military Service of December 30, 1981 and the Law on Amendments and Supplements to a Number of Articles of the Laws on Military Service of December 1990 and June 1994;
At the proposal of the Minister of Defense,
DECREES:
Article 3.- The Minister of Defense shall guide the implementation of this Decree.
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ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
Vo Van Kiet
ON THE SERVICE OF NON-COMMISSIONED OFFICERS AND SOLDIERS OF THE VIETNAM PEOPLE'S ARMY
(issued together with Decree No.54-CP of August 7, 1995 of the Government)
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2. Soldiers of the Vietnam People's Army are armymen in the ranks of first class privae and private.
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.
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- 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.
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.
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- 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.
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.
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3. Sergeant and corporal: squad leader.
4. Warrant officer and sergeant: platoon deputy-leader, squad leader.
OBLIGATIONS AND RIGHTS OF NON-COMMISSIONED OFFICERS AND SOLDIERS
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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).
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.
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.
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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.
- Demobilization allowance: number of years of active service multiplied by two months of minimum salary.
- Employment-generating allowance: three months of minimum salary.
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- 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.
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.
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.
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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 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.
DEMOBILIZED NON-COMMISSIONED OFFICERS AND SOLDIERS ENLISTED IN OR LEAVING THE RESERVE FORCE
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- 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.
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Article 31.- This Regulation takes effect from the date of its signing.
The Minister of Defense shall guide the implementation of this Regulation.
Decree No. 54-CP of August 07, 1995, promulgating the regulation on the service of non-commissioned officers and soldiers of the Vietnam People''s Army
- Số hiệu: 54-CP
- Loại văn bản: Nghị định
- Ngày ban hành: 07/08/1995
- Nơi ban hành: Chính phủ
- Người ký: Võ Văn Kiệt
- Ngày công báo: Đang cập nhật
- Số công báo: Đang cập nhật
- Ngày hiệu lực: 07/08/1995
- Ngày hết hiệu lực: 10/11/2018
- Tình trạng hiệu lực: Kiểm tra