IT ' S SMART

The regulations on the execution of the Chief of Officer, the soldiers of the Vietnam People's Army.

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The Basic Law Executive Act of 2008;

The Military Service Law Base in 1981, the Amendment Law, added a number of provisions of the Military Service Law in 1990, 1994 and in 2005;

Parliamentary Base 54 /CP on August 7, 1995 by the Government issued the Charter of Serving at the ranks of the corporal, the Army of Vietnam People's Army and the Fifth Protocol. 17 /2007/NĐ-CP February 1, 2007 of the Government on the Amendment, adds some of the provisions of the Charter of the Service of the Chief of the Officer, the Army of Vietnam's People's Army;

Base of Protocol 104 /2008/NĐ-CP September 16, 2008 of the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Defense;

Judging by the Chief of Staff, The Minister of Defense provides for the implementation of the discharge to the corporal, the soldiers serving in the army in the Vietnam People ' s Army as follows. :

What? 1. The tuning range, subject

1. The adjustment range

This provision rules on conditions, records procedures, policy modes; powers, responsibilities of the agencies, units, individuals in the practice of discharge to the corporal, soldiers.

2. Subject applies

Petty officers, soldiers served in the Army in the Vietnam People's Army as defined by the Military Service Act; agencies, units and individuals involved.

What? 2. Rules for discharge

1. Exposition to the corporal, the officer is to make the move out of the Army 's permanent force' s commission to serve in the reserve tranche under the provisions of the Military Service Law.

2. Exposition for corporal corporal, soldiers of:

a) discharge on time;

b) Exposition after the deadline;

c) Exposition before the deadline.

3. When the subofficer, the discharged soldiers enjoy the right to the regime, the state ' s policy.

4. The time of the start of the service deadline and the time of the end of the service deadline at the service of the corporal, the soldiers are as follows:

a) The time of the beginning of the time of service in the ranks of the corporal, soldiers are counted from the date of the granting authority and are subject to the management of all sides of the Army;

b) The time of the end of the service period at the rank of the corporal, the soldier was the date granted by the authority to sign the decision to discharge.

What? 3. Terms of discharge

Petty officers, soldiers whose days of service in the Army of the Vietnam People's Army are eligible for the provisions of the Military Service Act, to be discharged.

1. Export on time:

a) The time of service in the full 18 months includes:

-The chief sergeant, the soldiers are not in service for 24 months.

-The chief of staff, soldiers with technical expertise before the enlisters are used in the right profession.

b) The time of service in the full 24-month term: Lower-officer, soldiers trained in the unit, training in military schools of the category of military professionals by regulation at Decision No. 1 146 /2006/QĐ-BQP June 28, 2006, of the Secretary of Defense for the board of the rank of corporal, corporal, and technical professional personnel trained by the military during a period of 24-month service.

2. Exposition after the deadline: The House of Representatives, who is eligible to serve in the ranks under Clause 1, This, was decided by the Secretary of Defense to remain in service at the service for a period under the provisions of the Military Service Act.

3. Exposition before the deadline when there is one of the following conditions:

a) There is not enough health standards serving the prescribed term at the Digital Federal Information 36 /2011/TTLT-BYT-BQP October 17, 2011 of the Ministry of Health-Ministry of Defense, which has been appointed by the Board of Health and Equal Authority, or the Board of Medical Oversight Authority, concluded;

b) The difficult family situation under regulation at Article 29 of the Amendment Law, which complements some of the provisions of the Military Service Law in 2005, was granted by the People's Committee, the ward, the town (later called the township-level committee) and the district military command board, the district, town, the city of the province (later known as the District Military Command Board) confirmed;

c) There is not enough political, ethical standards prescribed at the Digital Federal Information. 76 /2006/TTLT BQP-BCA on 3 May 2006 of the Ministry of Defence-Ministry of Public Affairs guided the political standards, principles, procedures for recruiting citizens to serve in the Army;

d) Other special cases made in accordance with the decision of the Minister of Defense or the Chief of the General Staff of the People's Army of Vietnam.

e) Xia officials, soldiers with the decision of the Minister of Defense to retain the service for an additional time under the provisions of the Military Service Act at Clause 2, This Article, but during that time the conditions arise from the discharge before the statute of limitations. Point a, b and c, Clause 3, This is still being discharged under regulation at paragraph 3, This Article.

What? 4. Military records discharge

1. Export on time and after the deadline

a) The decision to discharge the staff of the corporal, the soldier was established in 05 copies and was handed over to the Military District Command Board: 01 copies; the unit's financial office: 01 copies; in the discharge settlement unit: 01 copies; corporal, enlisted men: 02 copies (individuals) holding up 1 copy and filing for a vocational training facility where the military discharged a class of 01);

b) Military records discharge, including:

-The military service.

-The health of the military service;

-The men vote.

-Decision to discharge.

-Other papers (if any).

2. Exposition before the deadline

a) Corporal, the officer who served in the army for under 1 month, the unit did not decide to be discharged, only made the text stating that the reason was not eligible to serve at the service, accompanied by a return to the management desk.

b) Lower officer, soldier with time served at the army from 1 month onwards due to the ineligible for serving in the case procedure:

-Decision to discharge (regulation at Point a, Clause 1, This) notes the reason discharged before the deadline;

Military records (regulations at Point b, Clause 1, This) are accompanied by a health examiner's or medical examiner ' s commission if he is discharged before the deadline for reasons of ineligible service (regulation at Point a, Clause 3, Article 3); The certificate of the committee of the people of the township and the Military Command Board if it is discharged before the deadline because of the difficult family circumstances (regulation at Point b, Clap 3, Article 3 of this Notice) or the case of the background.

The conclusion is not enough political, ethical, and ethical standards in the Digital League. 76 /2006/TTLT BQP-BCA on 3 May 2006 of the Ministry of National Security-Ministry of Public Security (regulation at Point c, Clause 3, Article 3).

What? 5. Mode, policy enjoyed when discharged.

1. The chief officer, the enlisted soldiers enjoy 100% of the month ' s military rank; the money is enjoyed up to the date of discharge; the unit organized by the organization and brought back to the local or grade ship money (common type) and the auxiliary route from the unit. to the residence.

2. The regime, policy, the rights of the corporal, soldiers are entitled to the regulation at No. 213 /2006/TT-BQP December 23, 2006 of the Defense Ministry guided the implementation of the Digital Protocol 122 /2006/NĐ-CP October 26, 2006 of the Government on the regime, policy towards the corporal, soldiers serving in the Army and the Digital Information. 75 /2009/TT-BQP September 18, 2009 by the Ministry of Defense of the Ministry of Defense of the amendment, which regulates some of the sub-regime, subsidies, and spending standards in the Army.

3. Enjoy the social insurance on the regulation of the Social Insurance Act.

What? 6. Authority, responsibility

1. Authority:

a) The chief of staff appointed time of discharge and number of officers, soldiers of the yearly army;

b) Command of the regiment and the equivalent of getting to the right to sign the decision to be discharged for the corporal, the officer of the authority;

c) The case of the corporal, the soldiers discharged before the deadline due to the commander of the division and the equivalent to the decision;

d) For a 12-month period if the sub-officer, soldiers who had been discharged locally had the principle of changing the decision to be discharged to make the transfer, when it was accepted to work at the state agency, the organization, the economic base of the economic components. In a five-regime social insurance, the decision was made by the Chief of Staff of the General Staff to the rank of corporal, the officer of which the officer took the decision.

2. Responsibility:

a) The unit commander from the regiment rank and the equivalent of becoming responsible for the execution of the discharge to the corporal, soldiers of the right; notice the time of duty before 1 month for the corporal, the soldiers, the district-level civil committee and the base unit. The commanding officer, the soldier who resided or worked before he joined the army; the organization and the chief of the officer, the men who were handed over to the government of the people of the district, where they had been assigned to the military; they were not held back to the staff, and the soldiers served at the army on the limits of their decision, when they had not yet decided. of the Secretary of Defense;

The agencies, the unit involved in the task function to help the unit commander to fully resolve the procedure, file, regime, policy for corporal officers, soldiers before the discharge; and the list of corporal officers, enlisted men sent to the military command board. the district for management and registration of the reserve threshold;

b) The military command of the district of staff members of the district staff of the district held on to take down the office of corporal officers, enlisted men of the local army, according to the regulations;

c) The commander of the senior military command district in charge of implementing the decision to discharge the staff to the corporal, the soldiers who had been discharged locally, had the expectation of relocating the force to transfer the sector by regulation at Point d, Clause 1, This.

What? 7. Effect of execution

This message has the enforcement effect since April 5, 2012; the replacement of the digital decision. 2528 /2000/QĐ-BQP November 2, 2000 of the Minister-Ministry of Defense provides the practice of discharge to the corporal, soldiers.

What? 8.

The Chief of Staff and the commander of the agencies, the unit is responsible for this operation; the implementation process, if there is a proposal for the quap, the unit reflects on the Ministry of Defense (through the Department of Military) for consideration, settlement.