According to the Law amending and supplementing a number of articles of the Law on Officers of the Vietnam People's Army, which has just been passed by the National Assembly, regulations on promoting military officer ranks have changed compared to before December 1, 2024 (the time the law takes effect).
Law amending and supplementing Article 18 of the Law on Officers of the Vietnam People's Army as follows:
“Article 18. Promotion of military rank and salary increase of officers before term
1. Officers are considered for promotion before the deadline specified in Clause 2, Article 17 of this Law in the following cases:
a) Outstanding achievements in combat or commendation in work;
b) Successfully fulfill the duties and tasks for which the current military rank is two or more ranks lower than the highest military rank prescribed for the position or title the officer is holding, or the current military rank is lower than the highest military rank for the command or management position.
Article 18 of the Law on Officers of the Vietnam People's Army stipulates:
Officers are considered for promotion before the deadline specified in Clause 2, Article 17 of this Law in the following cases: 1.
Having made outstanding achievements in combat or being awarded a Medal in work or scientific research; 2.
Having successfully completed duties and tasks for which the current military rank is two or more ranks lower than the highest military rank prescribed for the position the officer is holding.
Thus, from December 1, 2024, the regulation "awarded Medals in work and scientific research" will be replaced by "received rewards in work" to be considered for military rank promotion.
Regarding this change, according to the report of the National Assembly Standing Committee explaining, accepting and revising the draft Law amending and supplementing a number of articles of the Law on Officers of the Vietnam People's Army, on November 26, 2024, the Government issued Official Dispatch No. 812/CP giving opinions on the draft law.
The Government has commented on Clause 5, Article 1 (amending and supplementing Article 18. Promotion of military rank and salary increase of officers ahead of schedule), proposing to amend as follows: "a) In combat, achieving outstanding achievements or being commended in work" because Clause 3 of this Article has assigned the Government and the Minister of National Defense to make specific regulations according to their authority, so the above amendments should be made to ensure flexibility, not to regulate specific issues in the law and in accordance with the provisions of the law on emulation and commendation.
Regarding this issue, the National Assembly Standing Committee found that the reason for the Government's proposed amendment is well-founded, the law only stipulates general principles and assigns the Government and the Minister of National Defense to make specific regulations according to their authority.
This provision does not contradict or overlap with relevant laws, ensuring compliance with other relevant provisions in the draft law and with laws on emulation and rewards, facilitating implementation.
To ensure strictness and high consensus, the National Assembly Standing Committee has directed the agency in charge of the review to preside over and coordinate with the drafting agency and relevant agencies to meet to study and agree to accept the amendment of Point a, Clause 1, Article 18 of the Law on Officers of the Vietnam People's Army as proposed by the Government.
At the same time, because this is new content, the National Assembly Standing Committee has directed to seek opinions and has received consensus from members of the National Assembly Standing Committee.
Therefore, the Standing Committee of the National Assembly proposed that the National Assembly provide for the provisions as in the draft law submitted to the National Assembly for approval. The National Assembly then passed the law, including the above-mentioned amended provisions.