With the law just passed by the National Assembly , the military rank of general with the position and title of officers have new points, and the retirement age of military officers has increased from 1 to 5 years.
The Law amending and supplementing a number of articles of the Law on Officers of the Vietnam People's Army was passed by the National Assembly with 458/459 delegates present in favor on the morning of November 28. This law will take effect from December 1, 2024.
With the law passed, the maximum active duty service (retirement age) for officers by rank will increase from 1 to 5 years compared to current law.
Retirement age of military officers increased from 1 to 5 years
According to the law, the retirement age for Lieutenant is 50 years old; Major is 52 years old; Lieutenant Colonel is 54 years old; Lieutenant Colonel is 56 years old; Colonel is 58 years old and General is 60 years old.
When the military has a need, officers with sufficient political qualities, ethics, capacity, health and volunteering can have their service age extended for no more than 5 years. In special cases, their service age can be extended according to regulations of the Minister of National Defense .
During the discussion of the previous draft law, some opinions proposed to regulate the age of military officers in accordance with the Labor Code and the Law on People's Public Security; proposed to regulate the retirement age suitable for each military branch, service branch, suitable to the nature, environment, and working area.
There is a proposal to assign the authority to the Minister of National Defense to regulate the retirement age for some command and management positions, but not higher than the age according to military rank.
Regarding this issue, the Standing Committee of the National Assembly said that due to the different structures, organizations, nature, tasks, and combat objects of the army and the police, increasing the retirement age of army officers to the same age as that of police officers or to the same age as workers according to the Labor Code will not ensure that officers, especially officers in combat-ready units, have enough health to complete their tasks.
Every year, the Army still has to recruit military personnel to arrange and rejuvenate the squad-level cadres. If the age is increased compared to the draft law, it will cause surplus and congestion in the officer corps.
According to Mr. Toi, increasing the retirement age of officers as in the draft law submitted to the National Assembly for approval will both preserve the contingent of officers with basic training, courage, qualifications, experience, 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.
At the same time, "it also ensures that basic officers have enough years of social insurance participation to receive a maximum pension of 75%," said Chairman of the National Defense and Security Committee Le Tan Toi.
The army general must not exceed 415 people.
Regarding the highest military rank with the position and title of an officer, it is specifically stipulated in Article 15.
Accordingly, the number of General ranks is no more than 3, including: Minister of National Defense; Chief of the General Staff; Director of the General Political Department.
Senior Lieutenant General, Navy Admiral, the number is not more than 14, including: Deputy Minister of National Defense with the highest military rank of Senior Lieutenant General, Navy Admiral no more than 6; Deputy Chief of General Staff, Deputy Director of General Department of Politics, each position has the highest military rank of Senior Lieutenant General no more than 3. In addition, there are also Director, Political Commissar of National Defense Academy.
The positions and titles with the highest military ranks are Lieutenant General, Vice Admiral of the Navy; Major General, Rear Admiral of the Navy with a number of no more than 398.
Thus, the total number of highest general ranks is 415 people.
Still according to the provisions of the new law, the seconded military officer elected to hold the position of Chairman of the National Defense and Security Committee has the highest military rank of Senior Lieutenant General.
Seconded military officers approved to hold the position of Deputy Chairman of the National Defense and Security Committee or appointed to the position of Deputy Minister or equivalent position or title with the highest military rank of Lieutenant General.
Seconded military officers approved to hold the position of Standing Member of the National Defense and Security Committee or appointed to the position of General Director or equivalent position or title with the highest military rank of Major General.
The Government stipulates that the positions with the highest military ranks are Lieutenant General, Vice Admiral of the Navy, Major General, Rear Admiral of the Navy and the highest military rank with the position and title of an officer is the General rank of a newly established unit, a reorganized unit, or a unit with additional functions and tasks, but not exceeding the maximum number of general-level positions according to the decision of the competent authority.
The highest military rank with the position and title of an officer is Colonel and Lieutenant as prescribed by the Minister of National Defense.
Chairman of the National Defense and Security Committee Le Tan Toi said that some delegates suggested considering the corresponding military rank of General between the army and the police in large and key provinces and cities; clearly stipulating the number of generals for each rank.
Regarding the above contents, according to the National Assembly Standing Committee, if the number of Senior Lieutenant Generals is added to the position of Deputy Chief of the General Staff and the ceiling of the rank of General is prescribed for the Commander of the Military Command of 11 key provinces as in the Law on the People's Public Security (not prescribed the ceiling of the rank of General for the Political Commissar), it is not in accordance with Resolution No. 51 of the Central Committee and exceeds the number of Generals as prescribed by the Politburo (415 people).
Besides affecting the thoughts and aspirations of the Commanders and Political Commissars of Military Commands and Border Guard Commands of other provinces and cities, it also does not ensure the principle that the military rank of a superior officer is higher than the military rank of a subordinate officer.
The National Assembly Standing Committee said that currently, the Central Military Commission and the Ministry of National Defense are researching and proposing amendments to the decree and circular on positions and titles of military officers.
In particular, the highest military rank of officers in the entire army will be carefully considered and calculated, and specific regulations will be added to specify the number and each position with the military rank of Lieutenant General, Vice Admiral of the Navy, Major General, and Rear Admiral of the Navy to ensure strictness, transparency, and not exceeding the number according to the conclusion of the Politburo.
When amending the decree, the above circular will also amend the contents on equivalent positions and titles with the highest military ranks of general, colonel, and lieutenant, ensuring strict compliance with the amended contents of the law and the structure, organization, staffing, nature of tasks, and practical situation of agencies and units in the entire army.
Source: https://dansinh.dantri.com.vn/nhan-luc/quy-dinh-moi-ve-chuc-vu-cap-tuong-va-tuoi-nghi-huu-cua-si-quan-quan-doi-20241128140732674.htm
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