Circular 11/2012/tt-Bqp: Regulation On The Implementation Of Discharge For Commissioned Officers, The Vietnam People's Army Soldiers

Original Language Title: Thông tư 11/2012/TT-BQP: Quy định về việc thực hiện xuất ngũ đối với hạ sĩ quan, binh sĩ Quân đội nhân dân Việt Nam

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The CIRCULAR regulates the implementation of discharge for commissioned officers, the Vietnam people's Army soldiers _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law enacting legal documents in 2008;
Pursuant to the law the 1981 military service Law, amendments and supplements to some articles of the law on military service in 1990, 1994 and 2005;
Pursuant to Decree No. 54/CP dated 7 August 1995 the Government issued the Charter service in the whole of commissioned officers, the Vietnam people's Army soldiers and the Decree No. 17/2007/ND-CP DATED January 2, 2007 by the Government on the amendments and supplements to some articles of the Charter service of commissioned officer , the Vietnam people's Army soldiers;
Pursuant to Decree No. 104/2008/ND-CP dated 16 September 2008 of the Government functions, tasks, powers and organizational structure of the Department of Defense;
Considering the recommendation of the Chief, the Minister of national defence about the implementation regulations for the demobilized soldiers, non-commissioned officers serving in the Vietnam people's army as follows: article 1. Scope, application object 1.   Scope this circular regulates the conditions and procedure of record, the policy mode; powers, responsibilities of the agencies and units and individuals in the implementation of discharge for commissioned officers, soldiers.
2. The object of applying non-commissioned officers, soldiers serving in active in the Vietnam people's army under the provisions of the law on military service; agencies, units and individuals concerned.
Article 2. Rules on discharge 1.   For the demobilized soldiers, non-commissioned officers is made out of the permanent force payroll of the army to serve in the reserve ranks in accordance with the military service Law.
2. Discharge for commissioned officers, soldiers, including: a) demobilized on time;
b) demobilized after the deadline;
c) demobilized ahead of time.
3. When an Officer cadet, demobilized soldiers were entitled to benefits under the regime, the policy of the State.
4. The beginning of the time limit to serve active end time and the duration of service in five of commissioned officers, soldiers, as follows: a) the beginning of the time limit to serve in five of commissioned officers, soldiers, to be counted from the day specified by the authorized and governed all aspects of the army;
b) the end of the time limit to serve in five of commissioned officers, soldiers, is on is determined by the authorized discharge.
Article 3. Conditions for demobilized officers, the soldiers had served in the Vietnam people's Army during the conditions stipulated by the law on military service shall be demobilized.
1. Discharge time: a) serving time in five full 18 months include:-, not soldiers serving in Active 24 months;
-commissioned officers, soldiers had the technical expertise before enlistment is used in the right profession.
b) serving time in service, including: 24 full commissioned officers, soldiers are trained at the unit, trained in the military field in the directory of military professional as defined in decision No 146/2006/QD-BQP dated 28 June 2006 of the Minister of national defence on the category down the commanding officer commissioned officer, and enlisted technical expertise by training armies in time of peace has a time limit of 24 months of active service.
2. Demobilized after the deadline: commissioned officers, soldiers, enough time served at five under paragraph 1 of this Article,, is the Minister of Defense decided to hold serve one more time in service in accordance with the military service Law.
3. Discharge ahead of time when one of the following conditions: a) unqualified health service in five specified in circular No. 36/2011/TTLT-BYT-BQP on October 17, 2010 Ministry of health, Ministry of Defense, was the Council of health inspection division-level and equivalent or Council competent medical examiner examiner , concluded;
b) difficult family circumstances as prescribed in article 29 of the law on amendments and supplements to some articles of the law on military service in 2005, are the people's committees of communes, wards and towns (hereinafter referred to as the social people's Committee) and the military commander of the district, County, city, town in the province (hereinafter referred to as-level military Committee);
c) not enough political, ethical standards as specified in circular No. 76/2006/TTLT BQP-BCA on May 3, 2006 the Department of Defense-Ministry of public security guide political standards, guidelines, procedures for recruitment of citizens to serve in the army;
d) other special case to follow the decision of the Minister of national defence or the Chief of the Vietnam people's army.
e) commissioned officers, soldiers have the decision of the Minister of national defence retained to serve more time in accordance with the military service Law in paragraph 2 of this Article, but in that time again arise discharge conditions ahead of time under the provisions of point a, b and c , Paragraph 3, of this article, shall still be demobilized as stipulated in paragraph 3 of this Article,.
Article 4. Demobilized military personnel records 1.   Demobilized on time and then after a time limit) decided to discharge of non-commissioned officers, soldiers, was established as 5 copies and was delivered to the military Committee at district level: 1 a; financial institutions unit: 1 a; Save in the discharge resolution unit: 1 a; commissioned officer, demobilized soldiers: 2 a (individuals keep 1 version and filed for vocational apprenticeship demobilized military personnel place 1 a);
b) demobilized military personnel records, including:-military service records;
-Slip the health service;
-Slip the military personnel;
-discharge decision;
-other documents (if any).
2. Discharge before the term a) commissioned officers, soldiers are serving time in service under 1 month, the unit does not discharge decisions, just make the text stating reasons not eligible to serve in the Navy, accompanied by profiles to enlist local returns console management;
b) commissioned officers, soldiers are serving time in service from 7 months or more do not qualify to serve in the active profile procedure include:-the decision to discharge (specified in point a, paragraph 1, of this) stating the reasons be demobilized before the deadline;
-military personnel records (specified in point b of paragraph 1 of this Article,) accompanied by the minutes of the health assessment or medical examiner thereon if the demobilized ahead of time because of inadequate health services in five (specified in point a, paragraph 3, article 3 of this circular); confirmation of the people's Committee and the Board of township-level military command district level if the demobilized ahead of time because of difficult family circumstances (prescribed in point b, paragraph 3, article 3 of this circular) or a criminal history investigation concluded not enough political, ethical standards as specified in circular No. 76/2006/TTLT BQP-BCA on 03 May 2006 of the Defense-Ministry of public security (specified in point c, paragraph 3, article 3 of this circular).
Article 5. Mode, the policy is entitled to when discharge 1.   Commissioned officer, demobilized soldiers were entitled to 100% of the allowances of military ranks, sign the discharge decision; food is enjoyed to the discharge date; are the respective organizational units and take on the local level or money train car (normal type) and road allowances from the housing units.
2. mode, policy, rights of non-commissioned officers, soldiers are entitled in accordance with circular No. 213/2006/TT-BQP on December 23, 2006 the Department of Defense guidelines Decree No. 122/2006/ND-CP dated 26 October 2006 from the Government on the policy, for commissioned officers the soldiers, serving active and circular No. 75/2009/TT-BQP on September 18, 2009 the Department of Defense about edit, adjustment of some extra mode level, benefits and costs of the military.
3. Enjoy social insurance regime under the provisions of the law on social insurance.
Article 6. The powers, responsibilities 1.   Powers: a) the Chief of the discharge time rules and the number of commissioned officers, soldiers demobilized every year;
b) commanded the regiment level and the equivalent or over is entitled to sign the discharge decision for commissioned officers, the soldiers of the right;
c) case officers, soldiers demobilized before the deadline by commanded the division level and equivalent to back up the decision;
d) within a period of 12 months if the non-commissioned officers, soldiers were demobilized on local raw-hope resolution change have demobilized to make major, when relaying to work in State authorities, institutions, the economic base in the economic sectors have participated in compulsory social insurance for all 5 modes , the discharge decision by the Commander of the military Committee at district level where officers demobilized soldiers, which residents decided.
2. responsibility: a) the unit commander and regiment level equivalent over responsibility to perform discharge resolution for commissioned officers, the soldiers of the right; Notice the time demobilized before May 1st for commissioned officers, soldiers, the people's Committee at district level and base units where non-commissioned officers, soldiers, reside or work prior to enlist; the respective organizations and bringing about soldiers, non-commissioned officers handed Norway the people's Committee at district level where the army; non-commissioned officers were retained, the soldiers had served in the fifth on timeliness, without a decision of the Minister of national defence;
The agencies, the relevant functional unit assists the commander unit full resolution procedures, record mode, the policy for non-commissioned officers, soldiers, before discharge; make a list of commissioned officers, demobilized soldiers sent to the Commander of the military district level to manage and subscribe to reserve quota;
b) Board-level military commander advised the people's committees at district level organizations receiving non-commissioned officers, soldiers demobilized about local regulations;
c) Commander of the military district level Committee responsible for implementing change the discharge decision for commissioned officers, soldiers were demobilized on local raw-hope to have changed the decision to transfer the cereal production sector as defined in point d, paragraph 1, of this Article.
Article 7. Effective enforcement of this circular effect since April 5, 2012; replace decision No 2528/2000/QD-BQP on 02 November 2000 of the Minister-Ministry of defence initiated the discharge rules for non-commissioned officers, soldiers.
Article 8. Responsible for enforcing

Chief of staff and Commander of the Agency, the unit is responsible for the implementation of this circular; the implementation process, if there are obstacles and suggest the quap, unit reflects on Department of Defense (through the Department of the army) to consider and resolve.
 

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