Regulations on the maximum age limit for officers serving in the army according to military rank

On November 28, the National Assembly voted to pass the Law amending and supplementing a number of articles of the Law on Officers of the Vietnam People's Army (VPA) with 95.62 NA deputies present in favor.

Before voting to pass the Law, Mr. Le Tan Toi, Chairman of the National Assembly's National Defense and Security Committee, said that regarding Clause 2, Article 1 (amending and supplementing Article 13 - Age of active service of officers), there were a number of opinions proposing to regulate the age of officers of the Vietnam People's Army in accordance with the Labor Code and the Law on the People's Public Security (CAND); proposing to regulate the retirement age appropriate for each military branch and service, appropriate to the nature, environment, and working area; assigning the authority to the Minister of National Defense to regulate the retirement age for a number of command and management positions but not higher than the age according to military rank.

Voting results to pass the Law (Photo: Quang Vinh)

On this issue, the Standing Committee of the National Assembly believes that: Due to the different structures, organizations, nature, tasks, and combat objects of the Army and the Public Security, if the retirement age of Army officers is increased to the same age as that of Public Security officers or to the same age as that of workers according to the Labor Code, it will not ensure that officers, especially officers in combat-ready units, are healthy enough to fulfill their tasks. Every year, the Army still has to recruit military personnel to arrange and rejuvenate the contingent of officers at the squad level. If the age is increased compared to the draft Law, it will cause surplus and congestion in the officer corps. Increasing the retirement age of officers as in the draft Law will both preserve the contingent of officers with basic training, with mettle, qualifications, experience, and health in command, management, research, and consulting, and the number of highly qualified officers to have more time to serve the Army, meeting the requirements of building a modern Army; ensure that officers have enough years of social insurance participation to receive a maximum pension of 75%. Therefore, the National Assembly Standing Committee proposed that the National Assembly keep the regulation on the maximum age limit for officers serving in the army as in the draft Law.

Specifically, Article 13 of the Law stipulates the maximum age limit for officers serving in the army according to military rank: Lieutenant: 50; Major: 52; Lieutenant Colonel: 54; Lieutenant Colonel: 56; Colonel: 58; General: 60.

Regarding the proposal to regulate that strategic-level commanding officers must follow the prescribed age, and that commanding officers in concentrated units with sufficient troops and directly ready for combat will have their service age determined by the Minister of National Defense, according to Mr. Toi, the National Assembly Standing Committee reported that the service age of officers is linked to their military rank, consistent with the highest age limit of officers holding command and management positions in units and is uniformly regulated.

In addition, the system of organization and ranks of military officers is organized in a pyramid shape, the need to develop to higher positions and ranks is narrower, officers holding lower positions and ranks must be younger than officers holding higher positions and ranks; therefore, for officers commanding and managing units, the time holding each position is only stable for a certain period of time and must be changed to rejuvenate, limit congestion at higher levels, and shortage of lower levels. Therefore, to ensure the quality and development of officers and balance the number of cadres between levels and positions, the age must be reasonably spaced. The adjustment to increase the age of active service of officers as in the draft Law aims to ensure compliance with the above-mentioned specific realities and labor.

Referring to the proposal to assess the impact on the social insurance fund and clarify the salary rate for officers after increasing the age of active service from 1 to 5 years, the National Assembly Standing Committee said: After increasing the maximum age of active service for officers from 1 to 5 years, the time for contributions to the social insurance fund will be increased at the highest level for officers before retirement, increasing the accumulation of the social insurance fund, increasing the preservation, growth and balance of the fund in the long term; fully demonstrating the principles of contribution-benefit, fairness, equality, sharing and sustainability; ensuring compliance with the spirit of Resolution No. 28-NQ/TW dated May 23, 2018 of the 7th Conference of the 12th Party Central Committee on reforming social insurance policies, contributing to social security, promoting progress and social justice for the country's sustainable development.

Regarding Clause 3, Article 1 (amending and supplementing Article 15 - Highest military rank for officer positions), there are some opinions suggesting considering the equivalent general rank between the Army and the Police in large and key provinces and cities; clearly specifying the number of general ranks for each rank; specifying the highest military rank from Lieutenant General and below (points c and d) as in current law; proposing to upgrade military ranks for the grassroots level; adding the highest military rank for positions and titles of provincial and district-level military agencies; and specifying the ceiling for similar military ranks between the Army and the Police at the district level.

Regarding the above contents, the Standing Committee of the National Assembly would like to report as follows: Implementing the Conclusion of the Politburo in Notice No. 185-TB/TW dated October 28, 2014: The Army has no more than 415 positions with a ceiling of the rank of General; The Central Military Commission and the Ministry of National Defense have thoroughly grasped and seriously implemented the policy of the Politburo, the Law on Officers of the Vietnam People's Army and the Resolution of the Standing Committee of the National Assembly to ensure the number of positions with the rank of General as prescribed. If we add the number of Senior Lieutenant Generals to the position of Deputy Chief of the General Staff and stipulate a ceiling of the rank of General for the Commander of the Military Command of 11 key provinces as in the Law on the People's Public Security (without stipulating a ceiling of the rank of General for the Political Commissar), it is not in accordance with Resolution No. 51-NQ/TW and exceeds the number of Generals as prescribed by the Politburo; As such, it will affect the thoughts, aspirations and wishes of the Commander, Political Commissar of the Military Command, the Border Guard Command of other provinces and cities and other equivalent positions in the entire army such as Division Commander, Political Commissar of the Division. On the other hand, it does not ensure the principle that the military rank of a superior officer is higher than that of a subordinate officer, leading to inadequacies in directing and implementing military and defense tasks.

Currently, the Central Military Commission and the Ministry of National Defense are studying and proposing amendments to the Decree and Circular on positions and titles of officers of the Vietnam People's Army; in which the highest military rank of officers in the entire army is carefully considered and calculated, supplementing specific regulations on the number and each position with the military rank of Lieutenant General, Vice Admiral of the Navy and Major General, Rear Admiral of the Navy to ensure strictness, transparency and not exceeding the number according to the conclusion of the Politburo; amending the contents on equivalent positions and titles with the highest military rank of General, Colonel, and Lieutenant, to ensure strictness and consistency with the amended content in the draft Law and the structure, organization, staffing, nature of tasks, and practical situation of agencies and units in the entire army.

Source: https://daidoanket.vn/quy-dinh-han-tuoi-cao-nhat-cua-si-quan-phuc-vu-tai-ngu-theo-cap-bac-quan-ham-10295456.html