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National Defense

Legislative Decree · 1983-09-16 · 159 articles

The President of the Republic, Having regard to the Constitution, Having regard to Law No. 82/36 of 17 January 1982 (granting the government authority to issue legislative decrees), Having regard to Law No. 83/10 of 21 May 1983 (extending the validity of Law No. 82/36 of 17 November 1982), After consulting the Council of State (Opinion No. 83/261 of 25 June 1983), On the proposal of the Minister of National Defence, After approval by the Council of Ministers on 16 September 1983, Decrees the following:

Section 1

Definition of National Defence

Subsection 1

General Provisions

ARTICLE 1

Definition of National Defence and the Armed Forces

National defence aims to strengthen the capabilities of the State and build its capacities to resist any aggression against the national territory and any attack directed against it, and to ensure the sovereignty of the State and the security of citizens. The armed forces may be employed in humanitarian and social fields provided this does not impede their primary missions. Such employment shall be determined by decree upon the proposal of the Minister of National Defence and the competent minister. The armed forces means: the Army, the Internal Security Forces, the General Security, and in general all personnel employed in public administrations, public institutions and municipalities who bear arms by virtue of their office.

ARTICLE 2

Measures Required When Exposed to Danger

  1. 1)If the homeland, or a part of its territory, or a sector of its public services, or a group of the population is exposed to danger, the following may be declared:
  2. 2)A state of total or partial alert to limit the exposure of the population and vital installations to danger, and to secure mobilisation operations and the use of the armed forces.
  3. 3)A state of general or partial mobilisation to execute all or some of the prescribed plans.
  4. 4)The said measures shall be declared by decrees taken in the Council of Ministers upon the recommendation of the Supreme Defence Council.
  5. 5)These decrees may include special provisions aimed at:
  6. 6)Imposing control over energy sources and regulating their distribution.
  7. 7)Imposing control over raw materials, industrial production and food supplies, and regulating their import, consumption, export and distribution.
  8. 8)Organising and monitoring transportation, movement, communications and telecommunications.
  9. 9)Requisitioning persons and property and imposing services on legal and natural persons; in such case the constitutional and legal provisions relating to the declaration of a state of emergency shall be observed.

1. See Decree No. 6198 dated 15/03/2020 concerning the declaration of general mobilisation to counter the spread of the coronavirus.

ARTICLE 3

Exposure of the Country to Danger

If the country is exposed to the dangers specified in Article 1 of Legislative Decree No. 52 dated 5 August 1967, a state of emergency or a military zone shall be declared and the competent authorities shall exercise the powers provided for in the said legislative decree.

ARTICLE 4

Assignment of the Army to Maintain Security in the Endangered Zone

If the State is exposed, in one or more zones, to acts detrimental to its security or interests, the Army shall be charged with maintaining security in that zone or those zones in accordance with the following provisions:

  1. 1)The assignment shall be made by decrees taken in the Council of Ministers upon the proposal of the Minister of Interior and the Minister of National Defence, for a specified period which may be extended when necessary in the same manner.
  2. 2)Upon the issuance of the decree referred to in paragraph 1 above, the Army shall assume responsibility for maintaining security and protecting the State against any act detrimental to its security or interests, and all armed forces carrying out their missions pursuant to their own laws and regulations shall be placed under the command of the Commander of the Army with the assistance of the Military Council and under the supervision of the Supreme Defence Council.
  3. 3)For the purposes of this paragraph, the armed forces means: the Army, the Internal Security Forces, the General Security, and all public sector personnel who bear arms by virtue of their office.
  4. 4)The Commander of the Army may take all measures conducive to maintaining security, in particular:
  5. 5)- Searching structures and other premises anywhere, with the approval of the competent public prosecution.
  6. 6)- Monitoring ports and vessels in territorial waters.
  7. 7)- Monitoring the entry and exit of foreigners.
  8. 8)- Prohibiting unauthorised public meetings or those of a military character.
  9. 9)- Pursuing armed security offenders and referring them to justice within five days of their arrest.
  10. 10)- Combating terrorism.
  11. 11)The measures taken shall be immediately communicated to the Supreme Defence Council, the Minister of Interior and the Minister of National Defence.
  12. 12)All armed security acts shall be referred to military courts, including review of measures taken under paragraph 3 above.
  13. 13)Any person who aids or hinders the implementation of measures taken pursuant to paragraph 3 of this article shall be punished by imprisonment from one month to one year and a fine from five hundred to ten thousand Lebanese pounds, or either of these penalties. In cases where the law provides for a more severe penalty for the offender, the rules on the concurrence of offences imposing the most severe penalty shall apply.
  14. 14)Upon the expiry of the period of application of the decree referred to in this article, the military courts shall retain jurisdiction to continue hearing cases referred to them.

1. See Law No. 89 dated 7/9/1991 which provided for an increase in the amounts of fines imposed by the courts.

Amended 1984
ARTICLE 29

Definition of Volunteer, Conscript, or Reserve Serviceman

Military personnel are volunteers and conscripts during their reserve service period, or volunteers during their call-up period: - Volunteers are officers, non-commissioned officers and ranks in active service. - Conscripts are those subject to the Compulsory Military Service Law. - Reservists are those subject to the Reserve Law.

ARTICLE 30

Voluntary Enlistment and Its Conditions

  1. 1)The enlistment of non-commissioned officers and ranks shall be accepted by decision of the Commander of the Army within the limits of vacant posts and appropriations allocated in the budget.
  2. 2)A volunteer must satisfy the following conditions:
  3. 3)Be Lebanese for at least ten years.
  4. 4)Be not less than 18 years of age upon appointment to service and not more than 25 years of age. In exceptional cases decided by the Minister of National Defence upon the proposal of the Commander of the Army, the age limit may be raised to 30 years.
  5. 5)Be physically, mentally and morally sound.
  6. 6)Have not been convicted of a felony or felony attempt of any kind, or of a dishonourable misdemeanour or attempt thereof, or of an offence carrying a sentence of more than six months; these provisions shall apply to persons who have been rehabilitated or benefited from a pardon (general or special amnesty).
  7. 7)The following offences are considered dishonourable:
  8. 8)Theft(1), fraud(2), breach of trust, embezzlement(3), bribery(4), rape, extortion(5), forgery(6), use of forged documents(7), offences against public morality as specified in Chapter Seven of the General Penal Code, issuing a cheque without adequate funds(8), false testimony(9), false oath(10), drug-related offences(11).
  9. 9)- The Minister of National Defence may, by decision upon the proposal of the Commander of the Army, impose additional conditions on enlistment applications for certain Army corps, positions and academies relating to academic qualifications.

1. For the establishment of partisan units in the Army, see Law No. 1/69 dated 1/3/1969.

ARTICLE 31

Enlistment Contract

  1. 1)Subject to the special cases provided for in this Legislative Decree, volunteers shall be assigned to the Army pursuant to an enlistment contract for a period of between three and ten years.
  2. 2)The enlistment contract shall be signed by the Commander of the Army and the applicant.
  3. 3)A volunteer shall be considered, upon signing his enlistment contract, a trainee soldier for a maximum period of one year during which military laws and regulations shall apply to him; he may not rescind his enlistment contract except for reasons approved by Army Command.
  4. 4)If a trainee soldier is not confirmed by a volunteer confirmation committee, he shall be discharged without any compensation. If the year lapses without the committee having considered his case, he shall be deemed confirmed by operation of law, and the period he spent as a trainee soldier shall count towards his service qualifying for pension rights, provided the pension deductions are repaid.
  5. 5)If the trainee soldier is injured before confirmation by an accident or illness not attributable to service, he shall be discharged after a maximum treatment period of three months. If the accident or illness arose from service, the provisions governing disability situations shall apply to him.
ARTICLE 32

Enlistment and Appointment of Specialist, Technical, and Skilled Volunteers

The numbers and grades of specialists, technicians and technical staff of the various categories, their salaries, conditions of enlistment and appointment, training, salaries and allowances, conditions of promotion, end of service, and entitlements to pension or severance pay shall be determined by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence after the recommendation of the Commander of the Army and consultation of the Council of State.

1. Regarding theft, see Article 635 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

2. Regarding fraud, see Article 655 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

3. Regarding breach of trust and embezzlement, see Article 670 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

4. Regarding bribery, see Article 351 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

5. Regarding rape and extortion, see Article 649 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

6. Regarding forgery, see Article 453 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

7. Regarding use of forged documents, see Article 454 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

8. Regarding issuing cheques without funds, see Article 666 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

9. Regarding false testimony, see Article 463 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

10. Regarding false oath, see Article 415 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

11. Regarding drug offences, see Article 127 of the Narcotics and Psychotropic Substances Law No. 673 dated 16/3/1998; regarding the danger of cultivating plants from which narcotics are derived, see Article 11 et seq. of the same law.

ARTICLE 33

Enlistment Contract for Specialist Officer Cadets

  1. 1)Notwithstanding any other provision, the enlistment contract of specialist officer-cadet students in the Air Forces shall be for a period of fifteen years, including the period of study at officer rank.
  2. 2)The Minister of National Defence may cancel the enlistment contract of the students referred to in paragraph one of this article who are found to have no interest in serving in the Air Forces, upon the proposal of the Commander of the Army.
  3. 3)The said students shall choose between their discharge from Army service or continuing service in other corps compatible with their qualifications; in the latter case the first enlistment contract shall be cancelled and a new enlistment contract shall be drawn up for them in accordance with the provisions of Article 31 of this Legislative Decree.
ARTICLE 34

Admission to Military Academies

Notwithstanding any other provision, the conditions of admission and appointment of students of military academies, including officer cadets, shall be determined, and their admission and appointment shall be effected, by decisions issued by the Minister of National Defence upon the proposal of the Commander of the Army.

ARTICLE 35

Appointment of Officers

  1. 1)Officers shall be appointed by decree issued upon the proposal of the Minister of National Defence.
  2. 2)Second lieutenants shall be appointed from among:
  3. 3)Cadets of the Military Academy who have obtained the certificate of competence for the rank of second lieutenant following their final examinations.
  4. 4)Specialists and senior specialists after passing a competency examination for the rank of second lieutenant in their specialisation.
  5. 5)Assistants and senior supervisors after passing a competency examination for the rank of second lieutenant in their specialisation, for a transitional period ending on 1 July 1984.
ARTICLE 68

Persons Entitled to Free Medical Care and Treatment

The text of Article 68 was replaced pursuant to Article 15 of Legislative Decree No. 1 dated 26/9/1984 with a new text which was amended pursuant to Article 2 of Legislative Decree No. 39 dated 23/3/1985. This text was then repealed pursuant to Article One of Law No. 24/87 dated 5/6/1987 and replaced by the following text:

  1. 1)The following shall benefit from free medical treatment and care:
  2. 2)Military personnel in active service and their families, including lawfully wedded wives who are engaged in paid employment provided they receive medical treatment costs from another source; the manner of application of this provision shall be determined by special instructions issued by the Minister of National Defence.
  3. 3)Military personnel whose permanent disability is attributed to service-related health reasons, and their dependant family members.
  4. 4)Retired military personnel entitled to a pension and their dependant family members.
  5. 5)Retired military personnel entitled to a pension who nonetheless received a severance payment, and their dependant family members.
  6. 6)Families of personnel who were killed or died during or because of service, regardless of their period of service, whose members remain dependants.
  7. 7)The text of sub-paragraph (f) of paragraph (1) of Article 68 was amended pursuant to Article One of Law No. 57 dated 27/10/2016 and now reads as follows:
  8. 8)Dependant family members of volunteers who died as a result of a non-service-related illness or accident, provided they had completed at least five years of active service.
  9. 9)Dependant family members of deceased retired military personnel.
  10. 10)In all family members referred to in sub-paragraphs «b, c, d, e, f, g» of this article, the conditions legally established for entitlement to pension must be met, excluding lawfully wedded wives engaged in paid employment provided they receive medical costs from another source.
  11. 11)The manner of application of this provision shall be determined by special instructions issued by the Minister of National Defence.
  12. 12)The Minister of Defence may, upon the proposal of the Commander of the Army, suspend free medical treatment and care on each occasion and for a maximum period of one year for any person who misuses this right.
Amended 1987Amended 2016
ARTICLE 102

Definition of Military Service

Military service is an honour and a duty that concerns every Lebanese pursuant to the provisions of this Legislative Decree and its associated regulations. Military service encompasses: - Military service - Civilian service - Security service

1. For the organisation of civilian positions in the Army, see Legislative Decree No. 34 dated 19/1/1955 and its annexes.

2. Article One of Law No. 665 dated 4/2/2005 provided for the final abolition of military service two years after the publication of that law in the Official Gazette, i.e. two years after 10/2/2005; Article 8 of the same law provided for the cessation of prosecution of those who evaded military service and the lapse of all charges and judgements against them for this reason upon the issuance of that law and their automatic rehabilitation, for documentation purposes.

ARTICLE 103

Objectives of Military Service

Military service aims to prepare citizens as combatants and employ them within the framework of national defence to perform military defence missions in the armed forces. Civilian service aims to prepare citizens and employ them to support the armed forces in all matters relating to internal and external defence, particularly in the field of civil defence and in supporting public and private sectors that facilitate the missions of the armed forces. Security service aims to prepare citizens and employ them within the framework of national defence for civic and social discipline to develop various public sectors and public-benefit private sectors both within and outside the country. The Ministry of National Defence shall undertake the task of implementing military service in its various forms in coordination with the competent State ministries.

ARTICLE 130

Definition of Reserve Personnel

Reservists are:

  1. 1)Volunteers discharged from active service who are still within the reserve period specified in Article 131 of this Legislative Decree.
  2. 2)Conscripts who completed military service and were discharged at its conclusion and are still within the reserve period specified in Article 131 of this Legislative Decree.
  3. 3)Civilians who successfully completed military orientation courses organised by Army Command and were discharged at their conclusion.
ARTICLE 131

Duration of Reserve Service

The reserve period shall be determined as follows:

  1. 1)For volunteers:
  2. 2)Officers:
  3. 3)For a period of fifteen years following their discharge from service, provided they do not exceed the age limit set for their rank plus five years.
  4. 4)NCOs and ranks:
  5. 5)For a period of fifteen years following their discharge from service, provided they do not exceed the age of fifty-five.
  6. 6)For conscripts: after the end of their service until they reach the age of forty.
  7. 7)For the civilians referred to in paragraph (3) of Article 130: until they reach the age of forty.
ARTICLE 132

Procedures and Conditions for Calling Up, Exempting, and Discharging Reserve Personnel

The procedures and conditions for the call-up and exemption of reservists, and the obligations imposed on them during their reserve period, shall be determined by decree upon the proposal of the Minister of National Defence based on the recommendation of the Commander of the Army.

ARTICLE 133

Special Procedures for Reserve Personnel Established by Army Command

Army Command shall determine the manner of administering, training, calling up and discharging reservists.

Subsection 2

General Organisation of National Defence

ARTICLE 5

Placing the Army at the Disposal of the President of the Republic

The Army shall be placed at the disposal of the President of the Republic, who shall exercise his powers in accordance with the provisions of the Constitution and the applicable laws. In particular Articles 6 and 7 of this Legislative Decree.

Amended 1984
ARTICLE 6

General Defence and Security Policy

The Council of Ministers shall determine the general defence and security policy, define its objectives and supervise its implementation.

Amended 1984
ARTICLE 7

The Supreme Defence Council

1 - A Supreme Defence Council shall be established, composed of: - The President of the Republic, as Chairman - The Prime Minister, as Vice-Chairman - The Minister of Defence, as Member - The Minister of Foreign Affairs, as Member - The Minister of Finance, as Member - The Minister of Interior, as Member - The Minister of Economy, as Member

  1. 1)The Chairman of the Supreme Defence Council may convene any person whose presence the nature of the Council's work requires.
  2. 2)The Secretariat-General of the Supreme Defence Council referred to in Article 10 below shall perform the secretarial functions of this Council.
  3. 3)One or more ministers may be added to the Supreme Defence Council in a working advisory capacity by decree taken in the Council of Ministers.
  4. 4)A directorate-general named the «Directorate-General of State Security» shall be established at the Supreme Defence Council, subject to the authority of the Council and attached to its Chairman and Vice-Chairman.
  5. 5)This directorate-general shall undertake the following missions:
  6. 6)First - Collecting information relating to internal State security through its own networks covering Lebanese territory, gathering external intelligence from existing agencies, verifying, analysing, classifying and preserving it or referring it to the competent authorities.
  7. 7)Second - Monitoring the activities of foreigners that affect State security and monitoring the relations of citizens with foreign entities insofar as they relate to State security.
  8. 8)Third - Combating espionage and hostile activity in all its forms.
  9. 9)Fourth - Conducting preliminary investigations into acts that affect internal and external State security, through a single female director and deputy directors-general from the core staff and the officers attached to it and the non-commissioned officers appointed by the Vice-Chairman of the Supreme Defence Council, who shall perform their duties as auxiliary judicial officers assisting the appellate public prosecutor acting as government commissioner before the military court, in accordance with applicable laws.
  10. 10)Fifth - Coordinating with other competent security agencies in the Directorate-General of General Security, the Internal Security Forces, the Intelligence Directorate and associated Army units with regard to intelligence and information exchange.
  11. 11)Sixth - Proposing analytical reports to brief the Supreme Defence Council on the security and political situation, proposing appropriate recommendations to confront internal and external dangers, and continuously briefing the Chairman and Vice-Chairman of the Supreme Defence Council on the security and political situation.
  12. 12)The Director-General of State Security shall be appointed by decree taken in the Council of Ministers upon the proposal of the Prime Minister from among officers of the armed forces of the rank of colonel and above, or from among civil servants of the top three grades of the first category, or from among Lebanese nationals outside the establishment who hold university degrees.
Amended 1984Amended 1984Amended 1985Amended 2000
ARTICLE 8

Decisions and Powers of the Supreme Defence Council

  1. 1)The Supreme Defence Council shall determine the procedures necessary to implement the defence policy as defined by the Council of Ministers; the resolutions of the Supreme Defence Council shall remain confidential. The Council shall attach particular importance to defence mobilisation, which addresses the following fundamental issues:
  2. 2)Military service and compulsory conscription.
  3. 3)Educational mobilisation.
  4. 4)Mobilisation of economic activity in its agricultural, industrial, financial and commercial branches.
  5. 5)Mobilisation of health and medical activities.
  6. 6)General mobilisation of the State and citizens, particularly civil defence.
  7. 7)Mobilisation of guidance and awareness activities.
  8. 8)The Supreme Defence Council shall distribute defence tasks among the ministries and relevant bodies, issue the necessary directives and instructions regarding them, and follow up on their implementation.
  9. 9)It shall also determine the manpower and equipment plan drawn up for these tasks.
Amended 1984
ARTICLE 9

Meetings of the Supreme Defence Council

  1. 1)The Supreme Defence Council shall be convened by its Chairman, or upon the request of at least two-thirds of its members.
  2. 2)The Chairman of the Council shall submit to deliberation and appropriate decision the matters that necessitated convening the Council.
Amended 1984
ARTICLE 10

Powers of the Deputy President of the Supreme Defence Council

  1. 1)The Vice-Chairman of the Supreme Defence Council shall be responsible for overseeing the implementation of the Council's resolutions.
  2. 2)A Secretariat-General of the Supreme Defence Council shall be directly attached to and obligated to the Vice-Chairman to carry out his duties; it shall:
  3. 3)Collect information from the competent departments.
  4. 4)Prepare the files assigned to it and the studies submitted to the Supreme Defence Council.
  5. 5)Communicate the resolutions of the Supreme Defence Council to the relevant administrations.
  6. 6)Inform the Supreme Defence Council of the progress of implementation of the decisions taken.
  7. 7)The staff establishment of the Secretariat-General of the Supreme Defence Council, conditions of appointment, working procedures, and powers and responsibilities of its personnel shall be determined by decree taken in the Council of Ministers after consulting the opinion of the Council of State.
  8. 8)The Secretariat-General of the Supreme Defence Council shall be headed by a major officer accredited to the General Staff from among Army officers in active service who may not be placed in reserve, appointed by decree taken in the Council of Ministers upon a joint proposal of the Prime Minister and the Minister of National Defence.
Amended 2011
ARTICLE 11

Each Minister's Responsibility for His Ministry

Each minister shall be considered responsible for the defence and security duties emanating from his ministry, and shall take the necessary measures regarding them and oversee their implementation.

ARTICLE 12

The Minister of Interior

The responsibility for maintaining internal security rests with the Minister of Interior, subject to the provisions of special laws. The Ministry of National Defence may be tasked by decree taken in the Council of Ministers with providing military equipment to civil defence administrations under the Ministry of Interior.

ARTICLE 13

Military Zone

The boundaries of governorates shall be considered the boundaries of military zones. The military zone within the meaning of Legislative Decree No. 52 dated 5 August 1967 is the part of the territory in which war is declared or which is designated pursuant to the said legislative decree.

ARTICLE 14

Defence Sectors

Defence sectors shall be designated and their number and missions determined by special instructions issued by Army Command in accordance with defence plans.

ARTICLE 36

Hierarchy of Privates and Non-Commissioned Officers

  1. 1)Ranks: private - senior private - corporal - senior corporal.
  2. 2)Non-commissioned officers: sergeant - senior sergeant - assistant - senior assistant - specialist - senior specialist.
ARTICLE 37

Right of Command for Non-Commissioned Officers and Privates

  1. 1)Each NCO shall have the right of command over those of lower rank; if ranks are equal, command belongs to the more senior; if seniority in rank is equal, command belongs to the one with greater seniority in the previous rank; and if seniority in promotion to senior corporal is equal, command belongs to the one with greater seniority in promotion to corporal.
  2. 2)A corporal shall have the right of command over senior privates, privates and corporals who are junior to him in promotion; if seniority in promotion to corporal is equal, command belongs to the one more senior in promotion to senior private, otherwise command shall be determined by service.
  3. 3)When rank is equal between reservists and volunteers, command belongs to the one with greater seniority in active service in his rank.
ARTICLE 38

Hierarchy of Officers

The chain of officer ranks shall be defined as follows:

  1. 1)Junior officers: second lieutenant - first lieutenant - captain.
  2. 2)Field officers: major - lieutenant colonel - colonel.
  3. 3)General officers: brigadier general - major general - general. The rank of general is reserved exclusively for the Commander of the Army.
ARTICLE 39

Right of Command for Officers

  1. 1)Each officer shall have the right of command over those of lower rank.
  2. 2)When ranks are equal, precedence belongs to the more senior in rank; if seniority in rank is equal, the order of names on the promotion decree for that rank shall be followed.
  3. 3)When rank and seniority are equal between regular officers and reserve officers called up to resume service, command belongs to the officer with greater seniority in active service in his rank.
ARTICLE 69

Determination of the Method of Paying Salaries, Allowances and Supplements

1 - Volunteers' salaries are determined by applicable laws. Allowances of all kinds shall be determined by decree taken in the Council of Ministers. 2 - The method of payment, settlement of salaries, allowances and bonuses shall be determined by instructions issued by the Minister of National Defence upon the proposal of the Commander of the Army.

ARTICLE 70

Active Service

A volunteer shall receive full salary, allowances and supplementary payments.

1. See Decree No. 12961 dated 6/5/1963 on the determination of military salaries and equipment, Decree No. 10326 dated 23/5/1975 on correcting certain provisions relating to officers' salaries in the Army, and Decree No. 7286 dated 2/2/1974 on the determination of the salary scale for NCOs and ranks in the Army.

2. See Decree No. 5397 dated 9/9/1982 on various military allowances.

ARTICLE 71

Convalescence

A volunteer shall receive active service salary for a maximum period of three months.

ARTICLE 72

Incapacity

  1. 1)Temporary disability: for a period of one year renewable for one more year:
  2. 2)Disability attributable to service: the volunteer shall receive full active service salary and all supplementary allowances and payments.
  3. 3)Disability not attributable to service: the volunteer shall receive half salary and full supplementary allowances and payments.
  4. 4)This salary shall be subject to pension deductions on the full salary and to income tax and stamp deductions on the salary actually received.
  5. 5)Permanent disability: the volunteer's pension rights or severance pay shall be settled in accordance with the provisions of this Legislative Decree.
ARTICLE 73

Absence from Service (Officers Only)

1 - Temporary suspension from service (for a maximum period of six months). The officer shall receive one-third of salary and full supplementary allowances and payments; this salary shall not be subject to pension deductions but shall be subject to income tax and stamp deductions. 2 - Permanent suspension from service: the officer's pension rights or severance pay shall be settled in accordance with the provisions of this Legislative Decree.

ARTICLE 74

Absence Without Leave

The text of Article 74 was replaced pursuant to Article One of Law No. 90 dated 14/6/1999 by the following text:

  1. 1)Authorised absence: absence shall be considered authorised if caused by force majeure for a maximum period of one year, during which salaries shall be paid to the entitled person; thereafter the status of the person concerned shall be determined by decree upon the proposal of the Minister of National Defence.
  2. 2)Unauthorised absence: the volunteer's salary shall be suspended with effect from the first of the month following the absence until the date of return, if no return occurs.
ARTICLE 75

Missing in Action

If a volunteer goes missing during or because of service and his news is cut off such that it is unknown whether he is alive or dead, the entitled person shall receive the full attendance salary for a period of sixty months. This period may be renewed by decree upon the proposal of the Minister of National Defence up to a maximum of ten years. The following paragraph was added to the text of Article 75 pursuant to Article 4 of Law No. 434 dated 15/5/1995: The period during which the missing volunteer receives the attendance salary pursuant to the provisions of the two preceding paragraphs shall be considered active service; the missing volunteer shall subsequently be retired and his entitlements settled for his legal heirs in accordance with applicable laws. All military personnel who reached the maximum period in a missing situation before this law entered into force shall benefit from the provisions of the above paragraph.

Amended 1995
ARTICLE 76

Resignation

A volunteer shall receive severance pay or pension entitlement; if he is not entitled to either, he shall recover the pension contributions deducted from his salaries.

ARTICLE 78

A volunteer shall receive his entitlements in accordance with the provisions of this Legislative Decree.

ARTICLE 78.2

Allowances During a State of Emergency or War

In the event of a declaration of a state of emergency or war, a volunteer shall be paid an allowance equivalent to one month's salary and all supplementary allowances and payments:

  1. 1)Each time a state of general emergency or a state of war is declared; this paragraph shall apply to all volunteers present in active service on Lebanese territory.
  2. 2)Each time a state of partial emergency is declared in a particular zone, the allowance shall be paid to the volunteer present in that zone.
  3. 3)The same allowance shall be paid to reservists who resume service after one month has elapsed since their resumption of service.
  4. 4)The same allowance shall be paid to civilians and conscripts attached to the Ministry of National Defence who are held at their posts due to operational necessity.
ARTICLE 104

Conditions for Military Service

Lebanese nationals who are male shall be subject to military service upon completing their eighteenth year of age; Lebanese nationals who are female shall be subject to this service upon call-up by decree taken in the Council of Ministers, which shall specify the conditions and fields of their employment.

ARTICLE 105

Duration of Military Service

The text of the first paragraph of Article 105 was replaced pursuant to Article 2 of Law No. 665 dated 2/4/2005. The text of paragraph 2 of Article 105 was amended pursuant to Article 2 of Law No. 665 dated 2/4/2005 and now reads as follows: The duration of military service shall be reduced to six months pending the final abolition provided for in Article One of this law. - Every person who has actually performed military service, civilian service or security service shall be deemed to have fulfilled the military service obligation and shall accordingly acquire the status of a reserve conscript. - Conscripts shall be classified as officers, non-commissioned officers or ranks in accordance with conditions determined by the Ministry of National Defence - Army Command. The following paragraph was added to the text of Article 105 pursuant to Article 3 of Law No. 665 dated 2/4/2005: Conscripts who wish to extend their service after the end of their statutory service period may, in accordance with Army Command's needs, have their service extended for a period not exceeding five years at the rank they held, during which they shall receive a monthly allowance equivalent to the first-grade salary of a conscript at their rank; all legal provisions governing conscripts shall apply to them throughout their service period. A conscript who has extended his service shall be entitled to terminate his service at the end of any year of extension.

Amended 2005
ARTICLE 106

Registers with Specific Information Compiled by Army Command

The Ministry of Interior - Directorate-General of Civil Status - shall send to the Ministry of National Defence - Army Command - in the first month of each year, lists containing the information specified by the Ministry of National Defence - Army Command.

ARTICLE 107

Procedures for Calling Up and Notifying Persons Subject to Military Service

  1. 1)The Ministry of National Defence - Army Command shall be responsible for calling up those subject to military service and informing them of the conditions of such service through various media.
  2. 2)Those residing outside Lebanese territory shall be notified through the Ministry of Foreign Affairs and Emigrants in accordance with lists organised by Army Command.
  3. 3)Every Lebanese national residing on Lebanese territory who has completed his eighteenth year of age and has not received a military service call-up notice must present himself within three months of reaching that age to the agencies competent in military service affairs in the Army in the zone where he permanently resides, to receive the call-up notice and declare his place of residence; he shall not be considered a defaulter.
  4. 4)Every Lebanese national subject to military service obligations who wishes to leave Lebanese territory to reside abroad for one year or more must notify, before his departure, the Ministry of National Defence – Army Command and the Directorate-General of General Security, and upon arrival in his destination country, the consular office responsible for him.
  5. 5)Consular offices and embassies shall provide the Ministry of National Defence – Army Command with the addresses of the persons concerned.
ARTICLE 108

Deferral or Exemption from Military Service

  1. 1)The cases in which a Lebanese national is automatically exempted from military service, and the cases in which his call-up for military service may be deferred, shall be determined by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence.
  2. 2)A Lebanese national who submits a request demonstrating fulfilment of the conditions specified for this purpose in the decree referred to in paragraph 1 of this article may be finally or temporarily exempted from military service by decision of the Commander of the Army.
ARTICLE 109

Procedures for Deferring the Call-Up for Military Service

The text of the first paragraph of Article 109 was amended pursuant to Article 4 of Law No. 665 dated 4/2/2005 and now reads as follows: The call-up of citizens for military service shall be deferred for one renewable year within the conditions referred to in paragraph /1/ of Article 108 above, at least until he completes his thirty-third year of age, upon which he must perform his service. He may be finally exempted from military service by decision of the Commander of the Army in cases determined by the implementing instructions of this Legislative Decree.

Amended 2005
ARTICLE 110

Submission of Requests for Exemption and Deferral

Requests for exemption and deferral shall be submitted by the persons concerned to the Ministry of National Defence – Army Command.

ARTICLE 111

Cancellation of Deferral or Exemption from Military Service

Deferral or exemption shall be cancelled by decision of the Commander of the Army upon the request of the person concerned.

ARTICLE 134

Conditions for Promotion of Reserve Personnel

Reservists shall be promoted under the same conditions applicable to volunteers and conscripts, provided they:

  1. 1)Complete in active service and in the reserve the seniority required for each rank.
  2. 2)Have attended the training periods prescribed for them.
  3. 3)Pass the training courses qualifying them for promotion.
ARTICLE 135

Exceptional Promotion

Reservists shall not be promoted after reaching the statutory age limit specified in Articles 56 and 57 of this Legislative Decree. Exceptional promotion is permitted if the conditions specified in Articles 41 and 48 of this Legislative Decree are met.

ARTICLE 136

Rights of Reserve Personnel

Reservists in civilian life shall not receive any salaries or allowances except for entitlements legally determined for them.

1. For the organisation of calling up reservists for service in the Army, see Decree No. 2354/4/10 dated 1992.

ARTICLE 137

Training of Reserve Personnel

Reservists called up for training periods and phases shall benefit from the same rights as volunteers, with the exception of salary and supplementary allowances, if the training does not exceed one month. If the training period exceeds one month, they shall also benefit from a monthly allowance equivalent to the salary and supplementary allowances applicable to their rank.

ARTICLE 138

Salaries and Allowances for Reserve Personnel

The text of Article 138 was replaced pursuant to Article 17 of Legislative Decree No. 1 dated 26/9/1984 with the following text: Reservists called up pursuant to this Legislative Decree who are called up for a period exceeding two months shall benefit from the difference between the salaries and supplementary allowances applicable to their rank and their pension. If they received severance pay instead of a pension, they shall benefit from the difference between the salaries and supplementary allowances applicable to their rank and the pension calculated on the basis of the service for which the severance pay was paid.

ARTICLE 139

Calculation of Reserve Personnel Service

Services rendered by reservists called up pursuant to this Legislative Decree shall not count for the purpose of revising the pension and severance pay unless the period of call-up exceeds one year, continuous or intermittent; in that case they shall benefit from bonuses and additions for the period of their service.

ARTICLE 140

Positions of Reserve Personnel

Reservists working in public administrations and institutions, independent agencies and municipalities called up pursuant to this Legislative Decree shall have their posts preserved and shall return to them or to similar posts in the same competent administration.

ARTICLE 141

Extension of Reserve Call-Up Beyond One Month

If a reservist is called up for a period not exceeding one month and he is employed by a natural or legal person, that person shall be obliged to pay his wages and reinstate him in his previous work. If the period exceeds one month, the natural or legal person shall be obliged to reinstate the reservist in his previous work or in similar work, provided the said period does not exceed one year, at which point the reservist's entitlements shall be settled in accordance with applicable laws.

ARTICLE 142

Transfer Allowance for Reserve Personnel

The State shall bear the transportation allowances of reservists called up who are outside the country pursuant to prior authorisation from Army Command.

ARTICLE 143

Allowance Equivalent to a Reserve Serviceman's Salary

Reservists called up at least twice in the same year for periods each not exceeding one month shall benefit from a compensation equivalent to the monthly salary applicable to their rank including supplementary allowances. This compensation shall be paid at the end of the year during which the call-ups occurred; it may be cancelled or reduced by decision of the Commander of the Army for disciplinary, conduct or competence reasons to ensure the duties of the rank are fulfilled.

Subsection 3

Organisation of the Ministry of National Defence

ARTICLE 15

The Ministry of National Defence

The Ministry of National Defence, with all its institutions, shall be subject to the authority of the Minister of National Defence, who shall be responsible for the execution of all its duties.

Amended 1984
ARTICLE 16

Composition of the Ministry of National Defence

The Ministry of National Defence shall be composed of the following principal institutions: - The Army. - The Directorate-General of Administration. - The Inspectorate-General. - The Military Council.

Amended 1984
ARTICLE 17

Composition of the Military Chamber Established at the Ministry of National Defence

1 - A Military Office shall be established at the Minister of National Defence, headed by an officer of the rank of colonel and above, comprising: - A Secretariat. - An Administrative Control Department, which shall:

  1. 1)Monitor the legality of administrative acts in the Ministry of National Defence.
  2. 2)Exercise the permitted control authority over credit accounting and public works.
  3. 3)- A Public Relations and Information Department.
  4. 4)- A Department of Lebanese Military Attachés Abroad.
  5. 5)- A Legal Affairs and Military Justice Department.
  6. 6)- A Department of Veterans.
  7. 7)The Head of the Military Office shall be appointed by decree upon the proposal of the Minister of National Defence after consulting the opinion of the Commander of the Army.
  8. 8)The staff establishment of the Military Office, conditions of appointment, working procedures, and powers and responsibilities of its personnel shall be determined by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence.
  9. 9)Military judges shall be appointed by decision of the Minister of National Defence upon the proposal of the Military Council.

1. The staff establishment of the Military Office at the Ministry of National Defence, conditions of appointment, working procedures, and powers and responsibilities of its personnel were determined pursuant to Decree No. 2788 dated 14/3/1980.

Amended 1984
ARTICLE 18

Composition and Command of the Army

1 - The Army shall comprise ground, air and naval forces organised under the command of the Commander of the Army. The Army shall be composed of: - Army Command. - Ground Forces. - Air Forces. - Naval Forces. - Military Academies. Army Command: Army Command shall be composed of: - The Commander of the Army. - The General Staff. The General Staff shall be subject to the direct authority of the Commander of the Army and shall be composed of: - The Chief of Staff. - Deputy Chiefs of Staff. Directorates, advisory bodies, resources and specialised agencies.

1. For the general organisation of the Army, its establishment, operating procedures, and powers and responsibilities of commanders and superiors, see: Decree No. 3771 dated 22/1/1981.

2. For the powers and responsibilities of the Commander of the Air Forces, see Article 34 of Decree No. 3771 dated 22/1/1981.

3. For the powers and responsibilities of the Commander of the Naval Forces, see Article 35 of Decree No. 3771 dated 22/1/1981.

Amended 1984
ARTICLE 19

Appointment of the Army Commander

The Commander of the Army shall be appointed by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence, from among general officers accredited to the General Staff who may not be placed in reserve. The Commander of the Army shall hold the rank of General, and such rank shall be designated the Commander of the Army's rank; he shall be directly attached to the Minister of National Defence.

ARTICLE 20

Duties of the Army Commander

The Commander of the Army shall be responsible for preparing the Army for its assigned missions, raising its combat readiness and commanding military operations, which requires: - Executing voluntary and compulsory enlistment. - Organising units and formations, defining their missions and management. - Executing alert and mobilisation operations upon their declaration. - Preparing plans, combat orders and logistical programmes. - Anticipating Army needs, maintaining equipment levels and completing procurement after receipt from the General Administration. - Commanding military operations. - Commanding security operations when the Army is charged with security maintenance duties. The Intelligence Directorate shall be attached to the Commander of the Army, except in matters of military security where it shall be attached to the Chief of Staff; it shall provide the Prime Minister and Vice-Chairman of the Supreme Defence Council with all information.

1. For the direct attachment of the Intelligence Directorate, the Guidance Directorate and the Documentation and Studies Centre to the Commander of the Army, see Articles 3, 4, 5 and 5 bis of Decree No. 3771 dated 22/1/1981 on the general organisation of the Army.

ARTICLE 21

Appointment of the Chief of Staff and Deputy Chiefs of Staff

The Chief of Staff shall be appointed by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence after consulting the opinion of the Commander of the Army, from among general officers accredited to the General Staff who may not be placed in reserve. The Chief of Staff shall deputise for the Commander of the Army in his absence and shall exercise his duties and powers throughout the period of his absence. Deputy Chiefs of Staff shall be appointed by decree upon the proposal of the Minister of National Defence with the recommendation of the Commander of the Army after consulting the opinion of the Chief of Staff, from among officers of the rank of colonel and above who may not be placed in reserve.

1. For an expanded treatment of the powers and responsibilities of Deputy Chiefs of Staff, see Articles 11 et seq. of Decree No. 3771 dated 22/1/1981 on the general organisation of the Army.

Amended 2011
ARTICLE 22

Duties of the Chief of Staff

The Chief of Staff shall assist the Commander of the Army in fulfilling his responsibilities and executing his duties by controlling the work of the General Staff departments, coordinating among them and assessing the combat readiness of the Army, which requires: - Expressing opinions on matters submitted to the Commander of the Army for appropriate decisions. - Overseeing the implementation of decisions taken. - Supervising the Army's readiness in terms of equipment and personnel. - Proposing methods and means to help develop the work of the General Staff and improve service levels for combat units. - Supervising manpower, preparation and reserve affairs. In operational situations determined by decree taken in the Council of Ministers, the Chief of Staff may refer to the Supreme Defence Council through the Minister of National Defence in the event of a divergence of views between him and the Commander of the Army.

1. For an expanded treatment of the powers and responsibilities of the Chief of Staff, see Articles 7 et seq. of Decree No. 3771 dated 22/1/1981 on the general organisation of the Army.

ARTICLE 23

Appointment of the Director-General of Administration and His Duties

1 - Appointment of the Director-General of Administration: The Director-General of Administration shall be appointed by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence, from among general officers accredited to the General Staff or Administration (register) who may not be placed in reserve. The Director-General shall be directly attached to the Minister of National Defence. 2 - Duties of the Director-General of Administration: First - Subject to the provisions of the Public Accounting Law and the powers of the Minister of National Defence and the Military Council as set forth in this Legislative Decree, the Director-General of Administration shall take the legal and regulatory measures and procedures to secure the Army's various needs and required services, to prepare the budget and monitor its execution, to monitor the use of funds of institutions attached to the Army establishment, and to manage the canteen institutions referred to in this article. Second - The working procedures between Army Command and the Directorate-General of Administration shall be determined by instructions issued by the Minister of National Defence upon the proposal of the Military Council. 3 - The Directorate-General of Administration shall be composed of: the Secretariat, the Supply Service, the Strength Service, the Engineering Service, the Geography Service, the Health Service, the Finance Service, and canteen institutions (the Economic Institution, the Officers' Mutual Aid Institution, the NCOs and Ranks Mutual Aid Institution, and the Civilian Employees Mutual Aid Institution).

1. The staff establishment of the Directorate-General of Administration at the Ministry of Defence, conditions of appointment, working procedures, and powers and responsibilities of its personnel were determined pursuant to Decree No. 3119 dated 14/6/1980.

Amended 2011
ARTICLE 24

Appointment of the Inspector-General and His Duties

1 - Appointment of the Inspector-General: The Inspector-General shall be appointed by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence, from among general officers accredited to the General Staff who may not be placed in reserve. The Inspector-General shall be directly attached to the Minister of National Defence.

  1. 1)Duties of the Inspector-General:
  2. 2)The Inspector-General shall be responsible for inspecting all institutions and departments of the Ministry of National Defence, and shall: verify the application of laws and regulations and the implementation of orders and instructions; and submit necessary proposals for the proper conduct of work in the various capacities of the Army, the Directorate-General of Administration and their activities.
  3. 3)The working procedures between Army Command and the Inspectorate-General shall be determined by instructions issued by the Minister of National Defence upon the proposal of the Military Council.
Amended 2011
ARTICLE 25

Composition of the General Inspectorate

The Inspectorate-General shall be composed of: - A Secretariat. - An Inspectorate of Education, Manpower and Sports. - An Inspectorate of Arms covering the use of all types. - A Health Inspectorate. - An Administrative Inspectorate for Personnel, Mutual Aid and Finance.

1. The staff establishment of the Inspectorate-General at the Ministry of National Defence, conditions of appointment, working procedures, and powers and responsibilities of its personnel were determined pursuant to Decree No. 2790 dated 14/3/1980.

ARTICLE 26

Composition of the Military Council

1 - The Military Council shall be composed of: - The Commander of the Army, as Chairman - The Chief of Staff, as Vice-Chairman - The Director-General of Administration, as Member - The Inspector-General, as Member - The Secretary-General of the Supreme Defence Council, as Member - A general officer appointed by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence after consulting the opinion of the Commander of the Army, as Member

  1. 1)The Chairman of the Council may invite any person he deems appropriate to attend Council meetings.
  2. 2)A secretariat called «the Secretariat of the Military Council» shall be established at the Military Council; its staff establishment shall be determined by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence.

1. The staff establishment of the Secretariat of the Military Council at the Ministry of National Defence, conditions of appointment, working procedures, and powers and responsibilities of its personnel were determined pursuant to Decree No. 2789 dated 14/3/1980.

Amended 1992
ARTICLE 27

Powers of the Military Council

  1. 1)The Military Council shall approve:
  2. 2)The organisation of all principal institutions of the Ministry of National Defence.
  3. 3)The assignments of regional commanders, corps, regiments and commanders of air and naval forces and military academy commanders and their equivalents, which shall be issued by decree.
  4. 4)The assignments of directors, branch chiefs and unit commanders in the Army establishment upon the proposal of the Commander of the Army.
  5. 5)The suspension of officers of the rank of colonel and above for a period exceeding one month.
  6. 6)The promotion of officers to the rank of captain and above; such promotions shall be issued by decrees upon the proposal of the Minister of National Defence.
  7. 7)The award of decorations to officers by decrees upon the proposal of the heads of principal institutions.
  8. 8)The withdrawal of decorations.
  9. 9)The Military Council shall also approve: conditions of admission of civilians to military academies and conditions of appointment therein; the establishment and organisation of military academies; the referral of officers to the Disciplinary Council; the secondment of military personnel to attend training courses abroad; categories and specifications of equipment, weapons and matériel; lists of candidates for the Military Academy and lists of graduates; the preparation of promotion lists for the rank of captain and above; the appointment of heads of study and intelligence committees; and the appointment of liquidators and officers charged with signing expenditure contracts.
  10. 10)The Military Council shall establish permanent instructions for the proper conduct of work in the principal institutions and manpower and equipment schedules.
  11. 11)The Military Council shall give its opinion on contracts at their various stages and shall examine special specifications.
  12. 12)The Military Council shall submit its recommendations to the Minister of National Defence regarding budget proposals, defence determination and the designation of military attachés.
ARTICLE 28

Meetings of the Military Council

The Military Council shall meet periodically in accordance with a schedule determined by its Chairman by decision at the beginning of each year. The Council may also meet exceptionally upon the request of the Minister of National Defence, or a convocation by the Chairman of the Military Council, or a request from half its members. A meeting of the Council shall not be valid unless five members are present. The resolutions of the Military Council shall be adopted by majority; in the event of a tie, the Chairman's vote shall be the casting vote. The Chief of Staff shall chair the Military Council in the event of the Chairman's absence. The deliberations and resolutions of the Military Council shall be strictly confidential.

ARTICLE 40

Definition of Promotion

Promotion is the transition from one rank to a higher rank.

ARTICLE 41

Promotion of Non-Commissioned Officers and Privates

  1. 1)A private may not be promoted to senior private before completing one year in service, and the proportion of senior privates must not exceed 25% of the total strength of privates and senior privates.
  2. 2)Promotion to the rank of corporal may not take place until two years in service have been completed.
  3. 3)A corporal may not be promoted to senior corporal unless he has completed one year in service in the rank of corporal, and the proportion of senior corporals must not exceed 25% of the total strength of corporals and senior corporals.
  4. 4)Promotion from sergeant to senior specialist may not take place unless the candidate has spent two years in the preceding rank, provided that seniority in service as corporal and corporal, or sergeant or sergeant together, is counted for promotion to the rank of sergeant.
  5. 5)5 -
  6. 6)The text of paragraph 5 of Article 41 was amended pursuant to Article 11 of Legislative Decree No. 1 dated 26/9/1984, substituting «Army Command» for «Military Council»:
  7. 7)Promotion of NCOs and ranks may only be effected for those who have fulfilled the legal conditions specified in a special regulation issued by decision of the Military Council.
  8. 8)Direct superiors shall draw up nomination lists for the promotion of NCOs and ranks, which shall be submitted through the chain of command to the Commander of the Army for decision.
  9. 9)The promotion of NCOs and ranks shall be by selection and decided by the Commander of the Army.
  10. 10)Students of the Military Academy and students of the NCO School shall be exempted from the provisions of this article and shall be subject for the purposes of promotion to the special regulations of each of these schools.
  11. 11)9 -
  12. 12)And replaced by the following text:
  13. 13)- NCOs and ranks may not be promoted after reaching the statutory age limit for their rank.
  14. 14)- While retaining their seniority qualifying for promotion, NCOs and ranks may be promoted exceptionally, contrary to promotion conditions and even during extended service, if it is established that they performed distinguished acts during combat operations, security operations or armed internal engagements, by decision of the Minister of National Defence upon the proposal of the Commander of the Army and with the approval of the Military Council.
  15. 15)The text of the third sub-paragraph of paragraph (9) of Article 41 was amended pursuant to Article One of Law No. 17 dated 10/2/2017 and now reads as follows:
  16. 16)Notwithstanding any other provision, the NCO or rank who is killed or martyred in any of the circumstances mentioned above, or in the course of an ordered flight or navigation mission, or who is killed or dies as defined in paragraph 1 of Article 94, shall be promoted to the next higher rank provided he did not benefit from a promotion for distinguished acts under the same circumstances; the deceased shall be deemed to have been promoted to the rank to which he was promoted, by decision of the Minister of National Defence upon the proposal of the Commander of the Army and with the approval of the Military Council.
  17. 17)- If the martyred NCO or rank was already on a study list for a higher rank before the date of his martyrdom, he shall be promoted to that rank by decision of the Minister of National Defence upon the proposal of the Commander of the Army and with the approval of the Military Council before applying the above provisions.
  18. 18)- If the martyred NCO holds the rank of senior specialist, he shall be promoted to the rank of second lieutenant and his entitlements shall be settled on the basis of the salary due in that rank.
  19. 19)A senior specialist shall be exceptionally promoted to the rank of second lieutenant when any of the conditions set out in paragraph 9 above are met, in accordance with the officer promotion procedures.
  20. 20)NCOs and ranks may not be promoted after retirement upon reaching the statutory age limit except when called up to complete service and upon performing outstanding acts of bravery, in which case they shall be exempted from the statutory age limit for the new rank.
  21. 21)The extended-service NCO (first year - second year - third year) who is killed or dies in any of the circumstances specified in paragraph 1 of Article 94 of the National Defence Law shall be promoted to the rank of «sergeant», by decision of the Minister of National Defence upon the proposal of the Commander of the Army and with the approval of the Military Council, and the effects of paragraph 1 of Article 94 of the National Defence Law shall apply to him.
Amended 1990Amended 2017Amended 2017
ARTICLE 42

Promotion of Officers

1 - The text of paragraph (1) of Article 42 was amended pursuant to Article One of Law No. 742 dated 15/5/2006 and now reads as follows: Officers shall be promoted within the limits of vacant posts and within the appropriations allocated in the budget, provided the candidate's name has been entered on the promotion list. As for the Military Academy and other military schools in Lebanon or abroad, the promotion of officer cadets therein shall be governed by decision of the Minister of National Defence upon the proposal of the Commander of the Army, provided promotion in these schools does not exceed the rank of senior specialist and the officer cadet has successfully completed the third year of study if it exceeds three years, including those spent at the Military Academy.

  1. 1)Seniority in the rank of second lieutenant shall be counted for promotion purposes and for the receipt of the salary difference on account of the period spent at the rank of senior first assistant in accordance with the conditions of paragraph 1 of this article. The period spent in reviewing annual studies after promotion to senior specialist rank shall not count for seniority in the rank of second lieutenant or for receipt of the salary difference.
  2. 2)The candidate's seniority in rank and service, his qualifications, general and professional competence and the assessment of his superiors shall be taken into account in selecting him for promotion.
  3. 3)The promotion of officers shall be issued by decree upon the proposal of the Minister of National Defence.
  4. 4)The names of candidates shall be entered on the promotion list in order of their seniority in rank, and promotions shall be effected in accordance with the order of this list. However, preference may be given when ordering names on the promotion list to those who have distinguished themselves through their service.
ARTICLE 43

Promotion of a Second Lieutenant to First Lieutenant

A second lieutenant shall be promoted to first lieutenant: - By selection after three years in the rank. - By seniority after four years in the rank.

ARTICLE 44

Promotion to the Rank of Captain and Above

The text of Article 44 was amended pursuant to Article 3 of Law No. 135 dated 14/4/1992 and now reads as follows:

  1. 1)Promotion to the rank of captain, colonel or major general shall be by selection after the candidate has spent at least four years in the rank immediately below it.
  2. 2)Promotion to the rank of major, lieutenant colonel or colonel shall be by selection after the candidate has spent at least five years in the rank immediately below it.

Article 45 The text of Article 45 concerning promotion from the rank of captain to major and from lieutenant colonel to colonel was repealed pursuant to Article 12 of Legislative Decree No. 1 dated 26/7/1984.

Amended 1992
ARTICLE 45

The text of Article 45 concerning promotion from the rank of captain to major and from lieutenant colonel to colonel was repealed pursuant to Article 12 of Legislative Decree No. 1 dated 26/9/1984.

ARTICLE 46

Determination of the Proportion of Officers Promoted from the Ranks

The proportion of officers promoted from the ranks relative to the total officers listed in the Army establishment referred to in Article 21 of this Legislative Decree shall be determined by decree upon the proposal of the Minister of National Defence with the recommendation of the Commander of the Army.

ARTICLE 47

Granting Seniority for Promotion

  1. 1)An officer may be granted a seniority credit for promotion of between approximately three and six months for distinguished acts performed during combat operations, security operations or armed internal engagements.
  2. 2)The seniority credit for promotion shall be granted by decree upon the proposal of the Minister of National Defence based on the recommendation of the Commander of the Army and the approval of the Military Council.
ARTICLE 48

Procedures for Promoting Officers

  1. 1)Officers shall be nominated for promotion once a year during the month of November. The nomination list must include all officers who have fulfilled the conditions for nomination.
  2. 2)The text of paragraph (2) of Article 48 was amended pursuant to Article 6 of Law No. 169 dated 29/08/2011 and now reads as follows:
  3. 3)Students of the Military Academy and other specialist and technical schools, as well as second lieutenants nominated for promotion to first lieutenant and officers nominated for the rank of major general, shall be exempted from the provisions of paragraph (1) of this article; the promotion of students to the rank of second lieutenant shall be governed by the procedures specified in their academy regulations, and to first lieutenant in accordance with the provisions of Article 43 of this Legislative Decree.
  4. 4)Before the first of December of each year, the Commander of the Army shall submit to the Minister of National Defence draft decisions for entering officers up to the rank of colonel on the promotion list.
  5. 5)The Minister of National Defence shall issue and publish during the month of December of each year a decision entering officers up to the rank of colonel on the promotion list based on the draft proposals referred to in paragraph 2 of Article 27 of this Decree.
  6. 6)The text of paragraph (5) of Article 48 was amended pursuant to Article 6 of Law No. 169 dated 29/08/2011 and now reads as follows:
  7. 7)The Minister of National Defence shall issue and publish during the month of December of each year a decision entering officers for the rank of colonel on the promotion list based on the proposals referred to in paragraph 2-2 of Article 27 of this Legislative Decree.
  8. 8)The organisation of the Army, its establishment, working procedures, and powers and responsibilities of commanders and superiors shall be issued by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence and after consulting the opinion of the Commander of the Army and the Council of State.
  9. 9)Army regulations and permanent instructions not provided for in this Legislative Decree shall be issued by decisions of the Minister of National Defence upon the proposal of the Commander of the Army and with the approval of the Military Council.
  10. 10)The text of paragraph (6) of Article 48 was amended pursuant to Article 6 of Law No. 169 dated 29/08/2011 and now reads as follows:
  11. 11)Decrees promoting officers from the lowest rank up to brigadier general shall be issued on the first of January and the first of July of each year; officers' names shall be arranged in these decrees in accordance with military seniority, taking into account the provisions of paragraph (5) of Article (42) of this Legislative Decree.
  12. 12)Officers may not be promoted after retirement upon reaching the statutory age limit except when called up to complete service and upon performing outstanding acts of bravery; in such case they shall be exempted from the statutory age limit for the new rank.
  13. 13)New text was added to paragraph (8) of Article 48 pursuant to Article 3 of Legislative Decree No. 604 dated 22/05/1990, then this text was entirely amended pursuant to Article 6 of Law No. 169 dated 29/08/2011 and Article One of Law No. 17 dated 02/10/2017 and now reads as follows:
  14. 14)Notwithstanding any other provision, an officer who is martyred during security operations or armed internal engagements, or in the event of an ordered flight or navigation, or who is killed or dies as defined in paragraph 1 of Article 94, shall be promoted to the next higher rank and shall be deemed martyred in the rank to which he was promoted.
  15. 15)If he was already entered on the promotion list for a higher rank before the date of his martyrdom, he may be promoted to that rank after the required minimum period before applying the provisions of the first part of this paragraph.
  16. 16)If the martyred officer holds the lowest rank, his entitlements shall be settled on the basis of the salary allocated for the highest grade in his rank.
  17. 17)If an officer dies without having exercised the right granted to him under paragraphs 6, 7, 8 and 9 of Article (51) of this Legislative Decree in accordance with the seniority and hierarchy attached thereto in those paragraphs, he may be retired at the higher rank after his promotion thereto and at the grade he would have been entitled to in that rank, notwithstanding any other provision and regardless of the period of active service he completed.
  18. 18)If an officer who is entered on the promotion list for a higher rank dies, he shall be promoted to that rank at the grade he would be entitled to therein, and his entitlements shall be settled in accordance with applicable laws.
  19. 19)The cadet officer (first year - second year - third year) who is killed or dies in any of the circumstances specified in paragraph 1 of Article 94 of the National Defence Law shall be promoted to the rank of second lieutenant, and the effects of paragraph 1 of Article 94 of the National Defence Law shall apply to him.

1. Article 21 of this Legislative Decree, before its amendment, provided as follows:

2. Pursuant to Article 4 of Law No. 135 dated 14/4/1992: «Decisions regarding those entitled during the remainder of the year 1992 referred to in paragraphs 3-5 of Article 48 of Legislative Decree No. 102 dated 16/9/1983 shall be issued before 30/6/1992 at the latest», for documentation purposes.

3. The phrase «...from each decision registering officers...» was corrected to read «...from each year a decision registering officers...» pursuant to a correction of a typographical error published in Official Gazette No. 43 dated 15/09/2011, for documentation purposes.

Amended 2011Amended 2011Amended 2017
ARTICLE 79

Calculation of Retirement Pension

The text of Article 79 was amended pursuant to Article One of Law No. 273 dated 11/3/1993, Article 4 of Law No. 718 dated 11/5/1998, the sole article of Law No. 2 dated 20/2/1999, Law No. 173 dated 14/2/2000 and Law No. 309 dated 03/04/2001 and now reads as follows:

  1. 1)The pension shall be settled on the basis of one quarter of the last monthly salary, calculated in accordance with the provisions of paragraph 2 below, multiplied by the number of years of service up to a maximum of forty years; the volunteer or the family of a volunteer who dies in service shall also receive, in addition, a severance payment equivalent to three months' salary for each year exceeding forty years.
  2. 2)For the purposes of calculating the pension and severance pay, one twenty-fourth of the value of the last grade in active service shall be added to the last basic monthly salary received by the volunteer at the date of termination of his service or at the date of his death, multiplied by the number of months the volunteer spent in service after his last increment.
  3. 3)- The result shall be multiplied by 85% (eighty-five percent).
  4. 4)The provisions of paragraphs 1 and 2 above shall apply to Articles 86, 88 and 94 of the aforementioned Legislative Decree.
  5. 5)The following paragraph was added at the end of the text of Article 79 pursuant to the sole article of Law No. 2 dated 20/2/1999, then this paragraph was amended pursuant to Law No. 309 dated 03/04/2001 and now reads as follows:
  6. 6)For the purposes of calculating the pension and severance pay for military personnel whose service ended during the years 1995, 1996, 1997, 1998, 1999 and 2000, the provisions of this law applicable to their counterparts whose service ended after 1/1/1999 shall apply to them, including the conversion of salaries and the new bases for calculating pension and severance pay, and their entitlements shall be re-settled on this basis.
  7. 7)The following paragraph was added to the text of Article 79 pursuant to Article 21 of Law No. 173 dated 14/2/2000:
  8. 8)The pension and severance pay calculated pursuant to the paragraphs of this article must not fall below the pension and severance pay calculated pursuant to previously applicable laws.

1. See Law No. 161 dated 13/8/1992 on amending certain provisions of the pension and discharge from service system.

2. Law No. 2/1999 was published in Official Gazette No. 9 dated 25/2/1999.

3. For the settlement of pensions and severance pay for institutions attached to the Ministry of National Defence, see Decree No. 172 dated 10/6/1989.

4. The provisions of this law referred to are the provisions of Law No. 718 dated 11/5/1998.

5. This amendment was published in Official Gazette No. 51 dated 12/11/1998.

Amended 1993Amended 1999Amended 2000
ARTICLE 80

Elements of Retirement Pension and Severance Pay

  1. 1)The following elements shall be included in calculating pension or severance pay: number of years of active service, bonuses and additions.
  2. 2)The bonuses added to years of active service are:
  3. 3)Double the period of active service completed in an operational combat zone in time of war, or during first-degree security operations in time of war and peace.
  4. 4)Double the period of active service completed outside an operational combat zone in time of war, and during second-degree security operations in time of peace and war.
  5. 5)Half the period of active service completed on the front lines during a truce, or during third-degree security operations in time of peace and war.
  6. 6)An addition equivalent to three days for each hour of military flight for aviators and pilots, provided the total of these additions does not exceed 18 months per calendar year; only half shall be counted upon receipt of severance pay.
  7. 7)The additions referred to in sub-paragraph «d» shall be counted in full for pension settlement purposes within the maximum limit provided for in Article 82 of this Legislative Decree; only half shall be counted upon receipt of severance pay.
  8. 8)An addition equivalent to three months for each year of active peacetime service aboard a naval vessel in Lebanon or abroad.
  9. 9)An addition for specialist officers equivalent to the number of years of university study completed at their own expense.
  10. 10)An addition for specialist physicians equivalent to the number of years of university and specialist study completed at their own expense.
  11. 11)Disability additions: granted to those who have acquired the right to a pension if it is established at the time of their retirement that they are suffering from a disability resulting from injuries or service-related illnesses or retired on account of them; these additions are calculated as follows:
  12. 12)- One year if the degree of disability is ten percent and below twenty percent.
  13. 13)- Two years if the degree of disability is 20% and below 40%.
  14. 14)- Three years if the degree of disability is 40% and below 60%.
  15. 15)- Four years if the degree of disability is 60% and below 70%.
  16. 16)- Five years if the degree of disability is 70% and below 80%.
  17. 17)- Six years if the degree of disability is 80% and below 90%.
  18. 18)- Seven years if the degree of disability is 90% and above.
  19. 19)The bonuses and additions referred to in paragraph 2 of this article shall not entitle the person concerned to a pension if he has not completed the minimum service period specified in this Legislative Decree in active service, but they shall be included in the calculation of severance pay, with the exception of the additions referred to in sub-paragraphs f, g and h, which are only included in the pension calculation.
  20. 20)Bonuses and additions shall be calculated in months; fractions of a month shall not be counted after aggregating bonuses and additions with active service; nor shall bonuses and additions exceeding 24 months per year of active service be counted.
  21. 21)The zones, circumstances and situations conferring the right to war bonuses shall be determined by decree issued upon the proposal of the Minister of National Defence.

1. The reference in this article is to Article 4 of Law No. 718/1998 which amended Article 79 of Legislative Decree No. 102/1983 (National Defence Law), i.e. the new amended text of Article 79, for documentation purposes.

2. Several decrees were issued determining the war bonuses granted to military personnel.

ARTICLE 81

Aggregation of Previous Service

  1. 1)For the purposes of pension and salary grade, service rendered in any of the armies and military formations listed below shall be credited to every Lebanese service member who was under arms on 10/2/1950; the relevant military formations and armies are:
  2. 2)The Gendarmerie and other military formations that were under the States covered by the French mandate.
  3. 3)Formations of the allied conventional armies during the war of 1939-1945.
  4. 4)- Such service shall only be counted if pension deductions were paid for it and if the service member was under arms on 20/6/1963.
  5. 5)- These pension deductions shall be calculated on the basis of the salaries of the Eastern Armies; war additions accrued during this period shall be counted in calculating the pension and severance pay.
  6. 6)If a retired person is reinstated in active service, he may request that his prior services be included in his pension or severance pay calculation, provided he submits a request to that effect within three months from the date of his return to service and reimburses the Treasury for amounts received pursuant to this Legislative Decree as follows:
  7. 7)By deducting 15% from his salary for pension contributions if called up to resume service as a reservist.
  8. 8)In a lump sum or in monthly instalments over the period of his new enlistment contract if he resumed service thereunder.
  9. 9)If he is subsequently discharged, the following measures shall be taken:
  10. 10)If discharged for non-service-related health reasons or at his own request before fully repaying the instalments, he shall receive severance pay instead of pension and the outstanding balance shall be deducted therefrom.
  11. 11)If dismissed before fully repaying the instalments, half the instalments paid shall be refunded to him and his entitlements settled on the basis of his new period of service.
  12. 12)If discharged for service-related health reasons and he receives a pension, the 15% deduction shall be applied to his pension until fully paid; if he receives severance pay, the outstanding balance shall be deducted therefrom.
  13. 13)If he dies during service for any reason, the provisions of sub-paragraph (c) of paragraph 3 of this article shall apply to his heirs.
ARTICLE 82

Maximum Limits of Retirement Pension

1 - The text of paragraph 1 of Article 82 was repealed pursuant to Article 3 of Law No. 273 dated 11/3/1993. h (1) - A volunteer whose service exceeds forty years, including war bonuses, shall receive, in addition to the pension to which he is entitled, a severance payment equivalent to two months' salary subject to pension deductions for each year exceeding this limit, whether in active service or bonuses. - A volunteer and the family of a volunteer who dies in service for any reason, whose service exceeds forty years including war bonuses, shall receive, in addition to the pension to which they are entitled, a severance payment equivalent to two months' salary subject to pension deductions for each year exceeding this limit, whether in active service or bonuses; the provisions of this paragraph shall apply as of the date of entry into force of this Legislative Decree, and to families of service members pursuant to the provisions of Article 94-1 and 2 of Legislative Decree No. 102 dated 16/9/1983 (National Defence) and its amendments as of 1/1/1989. If the disability additions referred to in sub-paragraph (h) of Article 80 of this Legislative Decree are included in calculating the service of the volunteer, he shall only be entitled to the severance payment referred to above for each year exceeding forty-five years, whether in active service or bonuses and additions. 2 - Officers holding the rank of General, whether already retired or to be retired in the future, shall enjoy the rights set out in the following table: The table annexed to Article 82 was replaced pursuant to Article One of Law No. 43/1988 dated 24/6/1988 by the table annexed to that law, then replaced pursuant to Article 5 of Law No. 718 dated 11/5/1998 by Table No. 7 annexed to that law, which reads as follows:

<table> <tr> <th>Rank</th> <th>Equipment Allowance</th> <th>Rank Allowance</th> </tr> <tr><td>General</td><td>100%</td><td></td></tr> <tr><td>Major General</td><td>100%</td><td></td></tr> <tr><td>Brigadier General</td><td>100%</td><td></td></tr> <tr><td>Colonel</td><td>100%</td><td></td></tr> <tr><td>Lieutenant Colonel</td><td>100%</td><td></td></tr> <tr><td>Major</td><td>100%</td><td></td></tr> <tr><td>Captain</td><td>100%</td><td></td></tr> <tr><td>First Lieutenant</td><td>100%</td><td></td></tr> <tr><td>Second Lieutenant</td><td>100%</td><td></td></tr> </table>

  1. 1)Paragraph 2 above shall apply as of the date of entry into force of this Legislative Decree and shall have no retroactive effect.
  2. 2)The entitlements of officers benefiting from the provisions of paragraph 2 above shall be determined by the Pension Settlement Committee and allocated to them in accordance with applicable procedures for allocating pensions.
  3. 3)An officer who previously held the post of Army Commander and who was a minister while in active service shall benefit from the entitlements determined by this Legislative Decree for the rank of General.
  4. 4)- 90% of the value of these entitlements shall be allocated to the family members of a martyred officer.
  5. 5)- 50% of the value of these entitlements shall be allocated to the family members of an officer who dies in service or in retirement.
  6. 6)- The entitlements of those benefiting from these allocations shall be determined by the Pension Settlement Committee, allocated to them and deducted therefrom in accordance with applicable pension allocation procedures, taking into account the provisions of Article 94-9 of this Legislative Decree.
  7. 7)- The provisions of this paragraph shall apply to prior cases of death and martyrdom without any retroactive effect.
  8. 8)Subject to the provisions of Article 98 of this Legislative Decree, the entitlements specified in the table referred to in paragraph «a» above shall be transferred to the entitled family members of the beneficiary upon the replacement of the driver and escort with the corresponding monetary allowance determined for them, in the proportions specified for each case as follows:
  9. 9)- 90% of the value of these entitlements for the family members of an officer martyred in service or who dies in service or in retirement.
  10. 10)- 75% of the value of these entitlements for the family members of an officer who dies in service or in retirement.
  11. 11)- The entitlements of those benefiting from these allocations shall be determined by the Pension Settlement Committee, allocated to them and deducted therefrom in accordance with applicable pension allocation procedures, taking into account the provisions of Article 94-9 of this Legislative Decree.
  12. 12)- The provisions of this paragraph shall apply to prior cases of death and martyrdom without any retroactive effect.

1. The text of the first passage of sub-paragraph (h) of Article 82 was repealed pursuant to Article One of Legislative Decree No. 621 dated 6/6/1990 (issued by the government of President Michel Aoun) and replaced by the following text:

2. Pursuant to Article One of Legislative Decree No. 594 dated 8/5/1990 (issued by the government of President Michel Aoun) and not published in the Official Gazette, paragraph 5 was added to Article 82.

Amended 1993Amended 1992
ARTICLE 83

Amendment of Retirement Pension

  1. 1)A pension may not be revised unless the retired person renders new services for a period of at least one year, continuous or intermittent; the periods of compulsory training to which reservists are called shall not be included in this period if the period ended thirty continuous days.
  2. 2)The pension shall not be added to the active service salary or its equivalent except for reservists upon their call-up and within the limits of Articles 137 and 138 of this Legislative Decree.
  3. 3)The pension of a volunteer retired after 1/7/1974 must not be less than the pension of a volunteer who retired before that date and benefited from the provisions of Law No. 40/64 dated 12/12/1964, if the latter had equal or greater seniority in service and rank.
ARTICLE 84

Right to Choose Between Retirement Pension and Severance Pay

  1. 1)Every officer discharged after acquiring the right to claim a pension, and who has completed at least twenty-five years in active service, shall have the right within one month of the date of his discharge to request that this pension be replaced by the severance pay provided for in Article 91 of this Legislative Decree.
  2. 2)Every non-officer volunteer discharged after acquiring the right to claim a pension shall have that pension allocated to him; he shall not be entitled to request that it be replaced by severance pay unless he is retired upon reaching the statutory age limit.
  3. 3)A volunteer who joins State institutions after his discharge shall not be entitled to severance pay or a pension; instead, the period he spent at the Ministry of National Defence shall be added to his subsequent State service.
ARTICLE 85

Types of Disability Pension

  1. 1)A disability pension shall be allocated to those who are permanently retired for health reasons resulting from service-related illnesses or injuries.
  2. 2)The disability pension shall be:
  3. 3)Temporary when the cause is incurable and the degree of disability is subject to increase or decrease.
  4. 4)Permanent when the cause is incurable and the degree of disability has been definitively determined within four years of the date of discharge.
ARTICLE 86

Settlement of Disability Pension and Severance Pay for Volunteers Discharged for Health Reasons

Disability pensions and severance pay for volunteers who are permanently discharged for health reasons shall be settled according to the degree of disability as follows: The text of the first passage before sub-paragraph (a) of Article 86 was amended pursuant to Article One of Law No. 17 dated 02/10/2017 and now reads as follows: 1 - If a volunteer, regardless of his seniority in service, is discharged because of an infirmity, illness or injury sustained in any of the following circumstances: - During an armed engagement with an enemy, armed gangs or groups disturbing security. - As a result of an assault suffered in the course of performing his duties. - While performing an altruistic act to save the life of another. - During military manoeuvres, field training or other training exercises conducted.

He shall receive a disability pension equivalent to:

  1. 1)60% of the last month's salary subject to pension deductions if the degree of disability is 30% and below 50%.
  2. 2)85% of the last month's salary subject to pension deductions if the degree of disability is 50% and below 75%.

The text of sub-paragraph (c) of paragraph (1) of Article 86 was amended pursuant to Article One of Law No. 17 dated 10/02/2017 and added as follows:

  1. 1)75% of the salary subject to pension deductions allocated to the highest grade of the rank immediately above his rank, including above-ceiling grades, if the degree of disability is 75% and above; the pension allocated to the sergeant and corporal ranks shall be calculated on the basis of the rank of sergeant, and the pension allocated to the senior specialist and officer cadet shall be calculated on the basis of the rank of second lieutenant, provided the salary of the rank above exceeds his salary by at least one grade.
  2. 2)30% of the last month's salary subject to pension deductions if the degree of disability is 20% and below 30%.
  3. 3)If the degree of disability is below 20%, he shall receive severance pay plus 100%.
  4. 4)If a volunteer, regardless of his seniority in service, is discharged because of an infirmity, illness or injury resulting from service in circumstances other than those described in paragraph 1 of this article, he shall receive a disability pension equivalent to:
  5. 5)One-third of the last month's salary subject to pension deductions if the degree of disability is 30% and below 50%.
  6. 6)Half of the last month's salary subject to pension deductions if the degree of disability is 50% and below 75%.
  7. 7)75% of the last month's salary subject to pension deductions if the degree of disability is above 75%.
  8. 8)One-quarter of the last month's salary subject to pension deductions if the degree of disability is 20% and below 30%.
  9. 9)If the degree of disability is below 20%, he shall receive severance pay plus 75%.
  10. 10)If a volunteer is discharged because of an accident or illness not attributable to service but exacerbated by it, his entitlements shall be settled as follows:
  11. 11)If he has completed 15 years in service, he shall receive a pension based on his service including 50% of the disability additions referred to in Article 80 of this Legislative Decree.
  12. 12)If he has not completed fifteen years in service, he shall receive the severance pay due to him plus an addition of 30% of that severance pay.
  13. 13)If the volunteer has completed fifteen years, he shall be retired and benefit from the additions referred to in Article 80 of this Legislative Decree according to the degree of disability.
  14. 14)If the volunteer's entitlements under paragraphs 1, 2 and 3 of this article conflict with his entitlements under paragraph 4 of this article, the more favourable entitlements shall be granted.
ARTICLE 87

Determination of Temporary Disability Pension

1 - The temporary disability pension for volunteers of all ranks shall be determined for a period of two years, renewable once after a medical examination and after reviewing the temporary disability pension at the end of each period to increase or decrease it if the disability changes by not less than 10%.

In any event, the temporary disability pension may not be increased if the increase in the degree of disability is due wholly or in part to factors external to the primary cause of disability, such as ageing, fatigue, intemperance, misconduct, etc.

  1. 1)The disability pension shall be cancelled when the degree of disability disappears or falls to a level that does not give the right to claim this pension; in such case the following measures shall be taken:
  2. 2)The amounts received by the person while in temporary disability shall be retained as an acquired right for him.
  3. 3)The competent authority may, if the conditions for fitness for military service are met, return the person to active service either by resuming the remaining period of his previous employment contract that was suspended due to his disability, or under a new contract.
  4. 4)The entitlements (pension, severance pay) of the person concerned shall be settled upon his final discharge in accordance with applicable laws on the basis of total completed service.
  5. 5)The person concerned shall be entitled, if he does not resume service, to claim severance pay or pension entitlements in accordance with applicable laws as of the date of cancellation of his temporary disability pension on the basis of his total prior service before the temporary disability period, taking into account the remaining degree of disability.
  6. 6)The time spent in temporary disability shall not be counted as active service.
  7. 7)The authority that ordered the grant of temporary disability pension shall be the one to decide on fitness to resume service for the reasons stated in paragraph 1 of this article.
ARTICLE 88

Affliction with Mental Illness, Blindness, or Paralysis

If the service member becomes insane after completing five or more years in service, he shall receive a disability pension equivalent to half of the last month's salary applicable to pension deductions plus full family allowance. Such salary shall also be received regardless of the length of service if he is afflicted, in circumstances not appropriate for service, with total paralysis, complete blindness, or a degree of visual impairment that threatens complete blindness within four years of the occurrence of the injury, or a similar condition that renders the person unable to manage his own affairs, provided these conditions are determined by the Medical Investigation Committee.

ARTICLE 89

Right to Choose the Higher Pension

If a person has the right to a temporary or permanent disability pension and his service also entitles him to a retirement pension, he shall benefit from whichever pension is greater in amount.

ARTICLE 90

Family Allowances for Retirees

Retired military personnel shall receive family burden allowances as provided for in applicable laws.

ARTICLE 91

Right to Severance Pay or Retirement Deductions

The right to severance pay or pension entitlements shall be as follows:

  1. 1)Every NCO or rank discharged from service in accordance with the provisions of paragraph 3 of Article 57 of this Legislative Decree shall be granted severance pay or pension entitlements, subject to the following provisions:
  2. 2)Pension deductions withheld from his salaries shall be refunded to him if his active service is less than ten years.
  3. 3)He shall receive severance pay if his service is ten years or more.
  4. 4)Every NCO or rank discharged from service in accordance with paragraphs 4 and 5 of Article 57 of this Legislative Decree shall receive severance pay regardless of his seniority in service.
  5. 5)Every officer discharged before acquiring the right to claim a pension shall be subject to the following provisions:
  6. 6)He shall receive severance pay:
  7. 7)- If discharged permanently from service in accordance with the provisions of Articles 51 and 53 of this Legislative Decree, except by resignation, even if he has not completed ten years in service.
  8. 8)- If he is a pilot officer and discharged at his own request, provided he has completed at least 12 years in active service, of which eight years as a licensed pilot in aerial operations.
  9. 9)- If he is a specialist officer and discharged at his own written request in accordance with applicable Army laws and regulations for a minimum period of five years.
  10. 10)He shall receive severance pay plus an addition of five thousand Lebanese pounds:
  11. 11)- A pilot officer discharged with severance pay, provided his active service has not reached 15 years and at least eighteen months have elapsed since his return from a training course abroad.
  12. 12)c -
  13. 13)The text of sub-paragraph (c) of paragraph (3) of Article 91 was amended pursuant to Article 8 of Law No. 169 dated 29/08/2011 and now reads as follows:
  14. 14)He shall receive severance pay upon resignation after completing ten years in service; upon resignation before completing ten years in service, he shall receive pension deductions.
Amended 2011
ARTICLE 92

Calculation of Severance Pay

The text of Article 92 was amended pursuant to Article One of Law No. 273 dated 11/3/1993 and now reads as follows:

  1. 1)Severance pay referred to in Article 91 and calculated in accordance with paragraph 2 of Article 79 shall be computed as follows:
  2. 2)One month's salary for each of the first ten years of service.
  3. 3)Two months' salary for each year following the tenth year up to thirty years of service.
  4. 4)Three months' salary for each year exceeding thirty years of service.
  5. 5)The additions and bonuses referred to in Article 80 shall be included in the calculation of severance pay when active service is ten years or more.
  6. 6)A volunteer discharged from service for health reasons whose active service is less than ten years shall be paid severance pay equivalent to:
  7. 7)- One month's salary for each year of active service.
  8. 8)- Two months' salary for each additional year.
Amended 1993
ARTICLE 93

Limits of Severance Pay

Severance payments from service shall be made within the limits set out in this Legislative Decree.

ARTICLE 94

Transfer of Retirement Pensions and Severance Pay to the Families of Volunteers

The text of paragraph (1) of Article 94 was amended pursuant to Article 9 of Law No. 169 dated 29/08/2011, then replaced pursuant to Article One of Law No. 17 dated 10/02/2017 and now reads as follows:

  1. 1)If a volunteer is shot dead or killed by any other weapon during an armed engagement with the enemy in time of war, or during security operations within the country in time of war and peace, or in an ordered flight or navigation mission, or during military manoeuvres, field training or other training exercises conducted, or if he dies during his disability period and pending his final discharge from the Army for health reasons and the injury he sustained in the aforementioned circumstances was the direct cause of his death, his family shall be granted a pension equal to the basic salary subject to pension deductions allocated to the highest grade of the rank immediately above his rank, including above-ceiling grades, provided the salary of the rank above exceeds his salary by at least one grade.
  2. 2)If a volunteer is killed following an assault sustained in the course of performing his duties, or while performing an altruistic act to save the life of another, his family shall be granted a pension equivalent to 75% of the pension determined pursuant to paragraph 1 of this article.
  3. 3)However, if the application of sub-paragraph (a) of paragraph four below grants better entitlements, those entitlements shall be granted.
  4. 4)If a volunteer dies as a result of an accident or service-related illness occurring in circumstances other than those specified in the two preceding paragraphs, his family shall be granted a pension equivalent to fifty percent of the pension determined in paragraph 1 of this article.
  5. 5)However, if the application of sub-paragraph (a) of paragraph four below grants better entitlements, those entitlements shall be granted.
  6. 6)If a volunteer dies as a result of an illness not attributable to service but exacerbated by it:
  7. 7)If his service is eighteen years or more:
  8. 8)His family shall receive the pension he would have been entitled to on the day following the date of his death.
  9. 9)If his service is less than eighteen years but not less than five years:
  10. 10)His family shall receive a pension equivalent to 75% of the entitlements calculated on the basis of one forty-fifth of his last month's salary before his death for each year of service including war bonuses.
  11. 11)If his service is less than five years:
  12. 12)His family shall receive severance pay plus a compensation equivalent to 100% of the severance pay.
  13. 13)If a volunteer dies as a result of an accident or illness not attributable to service:
  14. 14)If his service is eighteen years or more:
  15. 15)His family shall receive the pension he would have been entitled to on the day following the date of his death.
  16. 16)If his service is less than eighteen years:
  17. 17)His family shall receive severance pay plus a compensation equivalent to 50% of the severance pay.
  18. 18)If the NCO's or rank's active service is 18 years or more, his family shall receive the pension and shall not be entitled to replace it with severance pay.
  19. 19)The heirs of officers who die in service may request within three months of the date of death that the pension be replaced by severance pay.
  20. 20)Paragraph (8) of Article 94 was repealed pursuant to Article One of Law No. 239 dated 22/10/2012.
  21. 21)The text of paragraph 9 of Article 94 was amended pursuant to Article One of Law No. 273 dated 3/11/1993 and now reads as follows:
  22. 22)In the event of the death of one of the family members receiving a pension, or in the event of the pension being cut off from any of them for any reason, the remaining eligible family members shall receive the full pension which shall be redistributed equally among them.
  23. 23)The provisions of this article shall apply as of the date of entry into force of this Legislative Decree to unmarried volunteers and to the families of volunteers who were martyred or died after 12/6/1959.

1. The text of sub-paragraph (b) of Article 3 of Legislative Decree No. 594 dated 8/5/1990 (issued by the government of President Michel Aoun) was repealed and replaced by the following: two months' salary for each year following the tenth year of active service regardless of their number, for documentation purposes.

ARTICLE 95

Financial Aid for Families of Deceased Volunteers

In addition to the pension, the families of volunteers referred to in Article 94 shall receive the financial grants set out below:

  1. 1)A volunteer covered by paragraph 1 or 2 of Article 94:
  2. 2)A financial grant equivalent to one year's salary including allowances supplementary to the salary of the deceased volunteer in active service.
  3. 3)His children shall be admitted to schools at State expense within the limits of appropriations allocated for this purpose in the budget.
  4. 4)A volunteer covered by Article 94-3: a financial grant equivalent to one year's salary including allowances supplementary to the salary of the deceased in active service.
  5. 5)A volunteer covered by paragraph 4 or 5 of Article 94:
  6. 6)a financial grant equivalent to one year's salary including allowances supplementary to the salary of the deceased in active service.
ARTICLE 96

Parents' Share of the Rights of a Martyr or Deceased Volunteer

Notwithstanding any other provision, the spouse of a martyr of the field of honour shall benefit from his full share of the pension or severance pay and from the mutual aid institution regardless of his financial situation. 1 - The father of a martyred deceased volunteer and the mother shall receive their share in the pension or severance pay and from the mutual aid institution regardless of their financial or family situation, if the deceased was unmarried or married without children. The following paragraph was added to paragraph 1 of Article 96 pursuant to Article 16 of Legislative Decree No. 1 dated 26/9/1984: If the unmarried person is martyred after the death of his parents, his minor or disabled siblings and unmarried sisters shall receive the share of their parents in the pension or severance pay and from the mutual aid institution. The provisions of the preceding paragraph shall apply as of 16/9/1983.

  1. 1)The father of a deceased volunteer who dies in service or in retirement and the mother shall receive their share of the pension or severance pay and from the mutual aid institution even if they have another child or children other than the deceased, provided the following conditions are all met:
  2. 2)If the deceased was unmarried or married without children.
  3. 3)If the father is unable to work.
  4. 4)If both parents are indigent.
  5. 5)A widowed mother shall receive her share if she is indigent regardless of the family situation of her deceased child.
Amended 2018Amended 1984
ARTICLE 97

Financial Aid for the Parents of a Deceased Volunteer

  1. 1)If the father of an unmarried or childless married deceased volunteer and the mother do not meet the conditions specified in Article 96 for receiving a pension or severance pay, they shall receive a financial grant to defray funeral expenses for their child, determined as follows:
  2. 2)One year's salary including allowances supplementary to the salary of the deceased in active service if the death resulted from circumstances specified in Article 94-1 of this Legislative Decree.
  3. 3)Six months' salary including allowances supplementary to the salary of the deceased in active service if the death resulted from circumstances specified in paragraphs 2 and 3 of Article 94 of this Legislative Decree.
  4. 4)Three months' salary including allowances supplementary to the salary of the deceased in active service if the death resulted from circumstances specified in paragraph 4 or 5 of Article 94 of this Legislative Decree.
  5. 5)The grants specified in this article shall be paid to whoever meets the funeral expenses, whether the father or the mother; if the father or mother are unable to receive the grant, it shall be paid to the closest relative of the deceased service member who bore the funeral expenses.
ARTICLE 98

Rights of the Wife of the Deceased General/Army Commander

The wife of the late Commander of the Army who dies in active service shall be entitled, as long as she has not lost her right to a pension or severance pay, to the benefit of one military car driver or a financial compensation equivalent to a private first class soldier's salary in lieu thereof, at her choice.

ARTICLE 99

Committee for Settlement of Retirement Pensions and Severance Pay

A Pension Settlement Committee shall be constituted by decree and shall be composed of: - A commanding officer or principal general officer, as Chairman - Two officers, as Members - An official from the Ministry of Finance of the rank of department head and above, as Member - The Head of the Army Pension Office, as Member and Rapporteur

ARTICLE 112

Prohibitions on Persons Subject to Military Service Obligations

  1. 1)Every Lebanese national subject to military service obligations who cannot prove that he has fulfilled those obligations shall be prohibited from exercising the following rights:
  2. 2)Voting and standing for election to various bodies, councils and other institutions.
  3. 3)Employment in any position or work in the public and private sectors, including contractual work.
  4. 4)Practising any liberal profession.
  5. 5)Departing from Lebanese territory.
  6. 6)Enrolling in schools and universities.
  7. 7)-
  8. 8)The text of paragraph 2 of Article 112 was amended pursuant to Article 5 of Law No. 665 dated 4/2/2005 and now reads as follows:
  9. 9)A priority, the conditions of which shall be determined by decrees taken in the Council of Ministers, shall be given to conscripts who have fulfilled their military service obligations for entry into various armed forces.
  10. 10)Every Lebanese national subject to military service obligations who proves that he is legally exempted, deferred, or against whom a judicial decision was issued necessitating his failure to comply, shall be exempted from the provisions of paragraph 1 of this article.

1. See Decree No. 3778 dated 13/7/1993 on determining cases of statutory exemption and deferral from military service obligations. See also Law No. 245 dated 7/12/1993 on the final exemption from military service in exchange for payment.

ARTICLE 113

Laws Applicable to the Conscript Throughout His Active Service

All laws, regulations and instructions applicable to volunteers pursuant to this Legislative Decree shall apply to conscripts throughout their active service period.

ARTICLE 144

Subjecting Reserve Personnel to Laws Applicable to Volunteers

Called-up reservists shall be subject, in accordance with the duration of their call-up, to all laws, regulations and instructions applicable to volunteers.

ARTICLE 145

Jurisdiction of Military Courts

Military courts shall hear disputes arising from the application of Article 146 of this Legislative Decree.

ARTICLE 146

Punishment of Defaulting Reserve Personnel

A reservist who fails to respond to the call-up to report to the designated post within a period exceeding 48 hours shall be considered a defaulter and shall be punished by the penalty provided for in Article 107 of the Military Justice Law.

Section 2

General Regulations for Military Personnel

Subsection 1

Enlistment and Appointment

ARTICLE 1

Definition of National Defence and the Armed Forces

National defence aims to strengthen the capabilities of the State and build its capacities to resist any aggression against the national territory and any attack directed against it, and to ensure the sovereignty of the State and the security of citizens. The armed forces may be employed in humanitarian and social fields provided this does not impede their primary missions. Such employment shall be determined by decree upon the proposal of the Minister of National Defence and the competent minister. The armed forces means: the Army, the Internal Security Forces, the General Security, and in general all personnel employed in public administrations, public institutions and municipalities who bear arms by virtue of their office.

ARTICLE 2

Measures Required When Exposed to Danger

  1. 1)If the homeland, or a part of its territory, or a sector of its public services, or a group of the population is exposed to danger, the following may be declared:
  2. 2)A state of total or partial alert to limit the exposure of the population and vital installations to danger, and to secure mobilisation operations and the use of the armed forces.
  3. 3)A state of general or partial mobilisation to execute all or some of the prescribed plans.
  4. 4)The said measures shall be declared by decrees taken in the Council of Ministers upon the recommendation of the Supreme Defence Council.
  5. 5)These decrees may include special provisions aimed at:
  6. 6)Imposing control over energy sources and regulating their distribution.
  7. 7)Imposing control over raw materials, industrial production and food supplies, and regulating their import, consumption, export and distribution.
  8. 8)Organising and monitoring transportation, movement, communications and telecommunications.
  9. 9)Requisitioning persons and property and imposing services on legal and natural persons; in such case the constitutional and legal provisions relating to the declaration of a state of emergency shall be observed.

1. See Decree No. 6198 dated 15/03/2020 concerning the declaration of general mobilisation to counter the spread of the coronavirus.

ARTICLE 3

Exposure of the Country to Danger

If the country is exposed to the dangers specified in Article 1 of Legislative Decree No. 52 dated 5 August 1967, a state of emergency or a military zone shall be declared and the competent authorities shall exercise the powers provided for in the said legislative decree.

ARTICLE 4

Assignment of the Army to Maintain Security in the Endangered Zone

If the State is exposed, in one or more zones, to acts detrimental to its security or interests, the Army shall be charged with maintaining security in that zone or those zones in accordance with the following provisions:

  1. 1)The assignment shall be made by decrees taken in the Council of Ministers upon the proposal of the Minister of Interior and the Minister of National Defence, for a specified period which may be extended when necessary in the same manner.
  2. 2)Upon the issuance of the decree referred to in paragraph 1 above, the Army shall assume responsibility for maintaining security and protecting the State against any act detrimental to its security or interests, and all armed forces carrying out their missions pursuant to their own laws and regulations shall be placed under the command of the Commander of the Army with the assistance of the Military Council and under the supervision of the Supreme Defence Council.
  3. 3)For the purposes of this paragraph, the armed forces means: the Army, the Internal Security Forces, the General Security, and all public sector personnel who bear arms by virtue of their office.
  4. 4)The Commander of the Army may take all measures conducive to maintaining security, in particular:
  5. 5)- Searching structures and other premises anywhere, with the approval of the competent public prosecution.
  6. 6)- Monitoring ports and vessels in territorial waters.
  7. 7)- Monitoring the entry and exit of foreigners.
  8. 8)- Prohibiting unauthorised public meetings or those of a military character.
  9. 9)- Pursuing armed security offenders and referring them to justice within five days of their arrest.
  10. 10)- Combating terrorism.
  11. 11)The measures taken shall be immediately communicated to the Supreme Defence Council, the Minister of Interior and the Minister of National Defence.
  12. 12)All armed security acts shall be referred to military courts, including review of measures taken under paragraph 3 above.
  13. 13)Any person who aids or hinders the implementation of measures taken pursuant to paragraph 3 of this article shall be punished by imprisonment from one month to one year and a fine from five hundred to ten thousand Lebanese pounds, or either of these penalties. In cases where the law provides for a more severe penalty for the offender, the rules on the concurrence of offences imposing the most severe penalty shall apply.
  14. 14)Upon the expiry of the period of application of the decree referred to in this article, the military courts shall retain jurisdiction to continue hearing cases referred to them.

1. See Law No. 89 dated 7/9/1991 which provided for an increase in the amounts of fines imposed by the courts.

Amended 1984
ARTICLE 29

Definition of Volunteer, Conscript, or Reserve Serviceman

Military personnel are volunteers and conscripts during their reserve service period, or volunteers during their call-up period: - Volunteers are officers, non-commissioned officers and ranks in active service. - Conscripts are those subject to the Compulsory Military Service Law. - Reservists are those subject to the Reserve Law.

ARTICLE 30

Voluntary Enlistment and Its Conditions

  1. 1)The enlistment of non-commissioned officers and ranks shall be accepted by decision of the Commander of the Army within the limits of vacant posts and appropriations allocated in the budget.
  2. 2)A volunteer must satisfy the following conditions:
  3. 3)Be Lebanese for at least ten years.
  4. 4)Be not less than 18 years of age upon appointment to service and not more than 25 years of age. In exceptional cases decided by the Minister of National Defence upon the proposal of the Commander of the Army, the age limit may be raised to 30 years.
  5. 5)Be physically, mentally and morally sound.
  6. 6)Have not been convicted of a felony or felony attempt of any kind, or of a dishonourable misdemeanour or attempt thereof, or of an offence carrying a sentence of more than six months; these provisions shall apply to persons who have been rehabilitated or benefited from a pardon (general or special amnesty).
  7. 7)The following offences are considered dishonourable:
  8. 8)Theft(1), fraud(2), breach of trust, embezzlement(3), bribery(4), rape, extortion(5), forgery(6), use of forged documents(7), offences against public morality as specified in Chapter Seven of the General Penal Code, issuing a cheque without adequate funds(8), false testimony(9), false oath(10), drug-related offences(11).
  9. 9)- The Minister of National Defence may, by decision upon the proposal of the Commander of the Army, impose additional conditions on enlistment applications for certain Army corps, positions and academies relating to academic qualifications.

1. For the establishment of partisan units in the Army, see Law No. 1/69 dated 1/3/1969.

ARTICLE 31

Enlistment Contract

  1. 1)Subject to the special cases provided for in this Legislative Decree, volunteers shall be assigned to the Army pursuant to an enlistment contract for a period of between three and ten years.
  2. 2)The enlistment contract shall be signed by the Commander of the Army and the applicant.
  3. 3)A volunteer shall be considered, upon signing his enlistment contract, a trainee soldier for a maximum period of one year during which military laws and regulations shall apply to him; he may not rescind his enlistment contract except for reasons approved by Army Command.
  4. 4)If a trainee soldier is not confirmed by a volunteer confirmation committee, he shall be discharged without any compensation. If the year lapses without the committee having considered his case, he shall be deemed confirmed by operation of law, and the period he spent as a trainee soldier shall count towards his service qualifying for pension rights, provided the pension deductions are repaid.
  5. 5)If the trainee soldier is injured before confirmation by an accident or illness not attributable to service, he shall be discharged after a maximum treatment period of three months. If the accident or illness arose from service, the provisions governing disability situations shall apply to him.
ARTICLE 32

Enlistment and Appointment of Specialist, Technical, and Skilled Volunteers

The numbers and grades of specialists, technicians and technical staff of the various categories, their salaries, conditions of enlistment and appointment, training, salaries and allowances, conditions of promotion, end of service, and entitlements to pension or severance pay shall be determined by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence after the recommendation of the Commander of the Army and consultation of the Council of State.

1. Regarding theft, see Article 635 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

2. Regarding fraud, see Article 655 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

3. Regarding breach of trust and embezzlement, see Article 670 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

4. Regarding bribery, see Article 351 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

5. Regarding rape and extortion, see Article 649 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

6. Regarding forgery, see Article 453 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

7. Regarding use of forged documents, see Article 454 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

8. Regarding issuing cheques without funds, see Article 666 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

9. Regarding false testimony, see Article 463 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

10. Regarding false oath, see Article 415 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

11. Regarding drug offences, see Article 127 of the Narcotics and Psychotropic Substances Law No. 673 dated 16/3/1998; regarding the danger of cultivating plants from which narcotics are derived, see Article 11 et seq. of the same law.

ARTICLE 33

Enlistment Contract for Specialist Officer Cadets

  1. 1)Notwithstanding any other provision, the enlistment contract of specialist officer-cadet students in the Air Forces shall be for a period of fifteen years, including the period of study at officer rank.
  2. 2)The Minister of National Defence may cancel the enlistment contract of the students referred to in paragraph one of this article who are found to have no interest in serving in the Air Forces, upon the proposal of the Commander of the Army.
  3. 3)The said students shall choose between their discharge from Army service or continuing service in other corps compatible with their qualifications; in the latter case the first enlistment contract shall be cancelled and a new enlistment contract shall be drawn up for them in accordance with the provisions of Article 31 of this Legislative Decree.
ARTICLE 34

Admission to Military Academies

Notwithstanding any other provision, the conditions of admission and appointment of students of military academies, including officer cadets, shall be determined, and their admission and appointment shall be effected, by decisions issued by the Minister of National Defence upon the proposal of the Commander of the Army.

ARTICLE 35

Appointment of Officers

  1. 1)Officers shall be appointed by decree issued upon the proposal of the Minister of National Defence.
  2. 2)Second lieutenants shall be appointed from among:
  3. 3)Cadets of the Military Academy who have obtained the certificate of competence for the rank of second lieutenant following their final examinations.
  4. 4)Specialists and senior specialists after passing a competency examination for the rank of second lieutenant in their specialisation.
  5. 5)Assistants and senior supervisors after passing a competency examination for the rank of second lieutenant in their specialisation, for a transitional period ending on 1 July 1984.
ARTICLE 68

Persons Entitled to Free Medical Care and Treatment

The text of Article 68 was replaced pursuant to Article 15 of Legislative Decree No. 1 dated 26/9/1984 with a new text which was amended pursuant to Article 2 of Legislative Decree No. 39 dated 23/3/1985. This text was then repealed pursuant to Article One of Law No. 24/87 dated 5/6/1987 and replaced by the following text:

  1. 1)The following shall benefit from free medical treatment and care:
  2. 2)Military personnel in active service and their families, including lawfully wedded wives who are engaged in paid employment provided they receive medical treatment costs from another source; the manner of application of this provision shall be determined by special instructions issued by the Minister of National Defence.
  3. 3)Military personnel whose permanent disability is attributed to service-related health reasons, and their dependant family members.
  4. 4)Retired military personnel entitled to a pension and their dependant family members.
  5. 5)Retired military personnel entitled to a pension who nonetheless received a severance payment, and their dependant family members.
  6. 6)Families of personnel who were killed or died during or because of service, regardless of their period of service, whose members remain dependants.
  7. 7)The text of sub-paragraph (f) of paragraph (1) of Article 68 was amended pursuant to Article One of Law No. 57 dated 27/10/2016 and now reads as follows:
  8. 8)Dependant family members of volunteers who died as a result of a non-service-related illness or accident, provided they had completed at least five years of active service.
  9. 9)Dependant family members of deceased retired military personnel.
  10. 10)In all family members referred to in sub-paragraphs «b, c, d, e, f, g» of this article, the conditions legally established for entitlement to pension must be met, excluding lawfully wedded wives engaged in paid employment provided they receive medical costs from another source.
  11. 11)The manner of application of this provision shall be determined by special instructions issued by the Minister of National Defence.
  12. 12)The Minister of Defence may, upon the proposal of the Commander of the Army, suspend free medical treatment and care on each occasion and for a maximum period of one year for any person who misuses this right.
Amended 1987Amended 2016
ARTICLE 102

Definition of Military Service

Military service is an honour and a duty that concerns every Lebanese pursuant to the provisions of this Legislative Decree and its associated regulations. Military service encompasses: - Military service - Civilian service - Security service

1. For the organisation of civilian positions in the Army, see Legislative Decree No. 34 dated 19/1/1955 and its annexes.

2. Article One of Law No. 665 dated 4/2/2005 provided for the final abolition of military service two years after the publication of that law in the Official Gazette, i.e. two years after 10/2/2005; Article 8 of the same law provided for the cessation of prosecution of those who evaded military service and the lapse of all charges and judgements against them for this reason upon the issuance of that law and their automatic rehabilitation, for documentation purposes.

ARTICLE 103

Objectives of Military Service

Military service aims to prepare citizens as combatants and employ them within the framework of national defence to perform military defence missions in the armed forces. Civilian service aims to prepare citizens and employ them to support the armed forces in all matters relating to internal and external defence, particularly in the field of civil defence and in supporting public and private sectors that facilitate the missions of the armed forces. Security service aims to prepare citizens and employ them within the framework of national defence for civic and social discipline to develop various public sectors and public-benefit private sectors both within and outside the country. The Ministry of National Defence shall undertake the task of implementing military service in its various forms in coordination with the competent State ministries.

ARTICLE 130

Definition of Reserve Personnel

Reservists are:

  1. 1)Volunteers discharged from active service who are still within the reserve period specified in Article 131 of this Legislative Decree.
  2. 2)Conscripts who completed military service and were discharged at its conclusion and are still within the reserve period specified in Article 131 of this Legislative Decree.
  3. 3)Civilians who successfully completed military orientation courses organised by Army Command and were discharged at their conclusion.
ARTICLE 131

Duration of Reserve Service

The reserve period shall be determined as follows:

  1. 1)For volunteers:
  2. 2)Officers:
  3. 3)For a period of fifteen years following their discharge from service, provided they do not exceed the age limit set for their rank plus five years.
  4. 4)NCOs and ranks:
  5. 5)For a period of fifteen years following their discharge from service, provided they do not exceed the age of fifty-five.
  6. 6)For conscripts: after the end of their service until they reach the age of forty.
  7. 7)For the civilians referred to in paragraph (3) of Article 130: until they reach the age of forty.
ARTICLE 132

Procedures and Conditions for Calling Up, Exempting, and Discharging Reserve Personnel

The procedures and conditions for the call-up and exemption of reservists, and the obligations imposed on them during their reserve period, shall be determined by decree upon the proposal of the Minister of National Defence based on the recommendation of the Commander of the Army.

ARTICLE 133

Special Procedures for Reserve Personnel Established by Army Command

Army Command shall determine the manner of administering, training, calling up and discharging reservists.

Subsection 2

Hierarchy and Right of Command

ARTICLE 5

Placing the Army at the Disposal of the President of the Republic

The Army shall be placed at the disposal of the President of the Republic, who shall exercise his powers in accordance with the provisions of the Constitution and the applicable laws. In particular Articles 6 and 7 of this Legislative Decree.

Amended 1984
ARTICLE 6

General Defence and Security Policy

The Council of Ministers shall determine the general defence and security policy, define its objectives and supervise its implementation.

Amended 1984
ARTICLE 7

The Supreme Defence Council

1 - A Supreme Defence Council shall be established, composed of: - The President of the Republic, as Chairman - The Prime Minister, as Vice-Chairman - The Minister of Defence, as Member - The Minister of Foreign Affairs, as Member - The Minister of Finance, as Member - The Minister of Interior, as Member - The Minister of Economy, as Member

  1. 1)The Chairman of the Supreme Defence Council may convene any person whose presence the nature of the Council's work requires.
  2. 2)The Secretariat-General of the Supreme Defence Council referred to in Article 10 below shall perform the secretarial functions of this Council.
  3. 3)One or more ministers may be added to the Supreme Defence Council in a working advisory capacity by decree taken in the Council of Ministers.
  4. 4)A directorate-general named the «Directorate-General of State Security» shall be established at the Supreme Defence Council, subject to the authority of the Council and attached to its Chairman and Vice-Chairman.
  5. 5)This directorate-general shall undertake the following missions:
  6. 6)First - Collecting information relating to internal State security through its own networks covering Lebanese territory, gathering external intelligence from existing agencies, verifying, analysing, classifying and preserving it or referring it to the competent authorities.
  7. 7)Second - Monitoring the activities of foreigners that affect State security and monitoring the relations of citizens with foreign entities insofar as they relate to State security.
  8. 8)Third - Combating espionage and hostile activity in all its forms.
  9. 9)Fourth - Conducting preliminary investigations into acts that affect internal and external State security, through a single female director and deputy directors-general from the core staff and the officers attached to it and the non-commissioned officers appointed by the Vice-Chairman of the Supreme Defence Council, who shall perform their duties as auxiliary judicial officers assisting the appellate public prosecutor acting as government commissioner before the military court, in accordance with applicable laws.
  10. 10)Fifth - Coordinating with other competent security agencies in the Directorate-General of General Security, the Internal Security Forces, the Intelligence Directorate and associated Army units with regard to intelligence and information exchange.
  11. 11)Sixth - Proposing analytical reports to brief the Supreme Defence Council on the security and political situation, proposing appropriate recommendations to confront internal and external dangers, and continuously briefing the Chairman and Vice-Chairman of the Supreme Defence Council on the security and political situation.
  12. 12)The Director-General of State Security shall be appointed by decree taken in the Council of Ministers upon the proposal of the Prime Minister from among officers of the armed forces of the rank of colonel and above, or from among civil servants of the top three grades of the first category, or from among Lebanese nationals outside the establishment who hold university degrees.
Amended 1984Amended 1984Amended 1985Amended 2000
ARTICLE 8

Decisions and Powers of the Supreme Defence Council

  1. 1)The Supreme Defence Council shall determine the procedures necessary to implement the defence policy as defined by the Council of Ministers; the resolutions of the Supreme Defence Council shall remain confidential. The Council shall attach particular importance to defence mobilisation, which addresses the following fundamental issues:
  2. 2)Military service and compulsory conscription.
  3. 3)Educational mobilisation.
  4. 4)Mobilisation of economic activity in its agricultural, industrial, financial and commercial branches.
  5. 5)Mobilisation of health and medical activities.
  6. 6)General mobilisation of the State and citizens, particularly civil defence.
  7. 7)Mobilisation of guidance and awareness activities.
  8. 8)The Supreme Defence Council shall distribute defence tasks among the ministries and relevant bodies, issue the necessary directives and instructions regarding them, and follow up on their implementation.
  9. 9)It shall also determine the manpower and equipment plan drawn up for these tasks.
Amended 1984
ARTICLE 9

Meetings of the Supreme Defence Council

  1. 1)The Supreme Defence Council shall be convened by its Chairman, or upon the request of at least two-thirds of its members.
  2. 2)The Chairman of the Council shall submit to deliberation and appropriate decision the matters that necessitated convening the Council.
Amended 1984
ARTICLE 10

Powers of the Deputy President of the Supreme Defence Council

  1. 1)The Vice-Chairman of the Supreme Defence Council shall be responsible for overseeing the implementation of the Council's resolutions.
  2. 2)A Secretariat-General of the Supreme Defence Council shall be directly attached to and obligated to the Vice-Chairman to carry out his duties; it shall:
  3. 3)Collect information from the competent departments.
  4. 4)Prepare the files assigned to it and the studies submitted to the Supreme Defence Council.
  5. 5)Communicate the resolutions of the Supreme Defence Council to the relevant administrations.
  6. 6)Inform the Supreme Defence Council of the progress of implementation of the decisions taken.
  7. 7)The staff establishment of the Secretariat-General of the Supreme Defence Council, conditions of appointment, working procedures, and powers and responsibilities of its personnel shall be determined by decree taken in the Council of Ministers after consulting the opinion of the Council of State.
  8. 8)The Secretariat-General of the Supreme Defence Council shall be headed by a major officer accredited to the General Staff from among Army officers in active service who may not be placed in reserve, appointed by decree taken in the Council of Ministers upon a joint proposal of the Prime Minister and the Minister of National Defence.
Amended 2011
ARTICLE 11

Each Minister's Responsibility for His Ministry

Each minister shall be considered responsible for the defence and security duties emanating from his ministry, and shall take the necessary measures regarding them and oversee their implementation.

ARTICLE 12

The Minister of Interior

The responsibility for maintaining internal security rests with the Minister of Interior, subject to the provisions of special laws. The Ministry of National Defence may be tasked by decree taken in the Council of Ministers with providing military equipment to civil defence administrations under the Ministry of Interior.

ARTICLE 13

Military Zone

The boundaries of governorates shall be considered the boundaries of military zones. The military zone within the meaning of Legislative Decree No. 52 dated 5 August 1967 is the part of the territory in which war is declared or which is designated pursuant to the said legislative decree.

ARTICLE 14

Defence Sectors

Defence sectors shall be designated and their number and missions determined by special instructions issued by Army Command in accordance with defence plans.

ARTICLE 36

Hierarchy of Privates and Non-Commissioned Officers

  1. 1)Ranks: private - senior private - corporal - senior corporal.
  2. 2)Non-commissioned officers: sergeant - senior sergeant - assistant - senior assistant - specialist - senior specialist.
ARTICLE 37

Right of Command for Non-Commissioned Officers and Privates

  1. 1)Each NCO shall have the right of command over those of lower rank; if ranks are equal, command belongs to the more senior; if seniority in rank is equal, command belongs to the one with greater seniority in the previous rank; and if seniority in promotion to senior corporal is equal, command belongs to the one with greater seniority in promotion to corporal.
  2. 2)A corporal shall have the right of command over senior privates, privates and corporals who are junior to him in promotion; if seniority in promotion to corporal is equal, command belongs to the one more senior in promotion to senior private, otherwise command shall be determined by service.
  3. 3)When rank is equal between reservists and volunteers, command belongs to the one with greater seniority in active service in his rank.
ARTICLE 38

Hierarchy of Officers

The chain of officer ranks shall be defined as follows:

  1. 1)Junior officers: second lieutenant - first lieutenant - captain.
  2. 2)Field officers: major - lieutenant colonel - colonel.
  3. 3)General officers: brigadier general - major general - general. The rank of general is reserved exclusively for the Commander of the Army.
ARTICLE 39

Right of Command for Officers

  1. 1)Each officer shall have the right of command over those of lower rank.
  2. 2)When ranks are equal, precedence belongs to the more senior in rank; if seniority in rank is equal, the order of names on the promotion decree for that rank shall be followed.
  3. 3)When rank and seniority are equal between regular officers and reserve officers called up to resume service, command belongs to the officer with greater seniority in active service in his rank.
ARTICLE 69

Determination of the Method of Paying Salaries, Allowances and Supplements

1 - Volunteers' salaries are determined by applicable laws. Allowances of all kinds shall be determined by decree taken in the Council of Ministers. 2 - The method of payment, settlement of salaries, allowances and bonuses shall be determined by instructions issued by the Minister of National Defence upon the proposal of the Commander of the Army.

ARTICLE 70

Active Service

A volunteer shall receive full salary, allowances and supplementary payments.

1. See Decree No. 12961 dated 6/5/1963 on the determination of military salaries and equipment, Decree No. 10326 dated 23/5/1975 on correcting certain provisions relating to officers' salaries in the Army, and Decree No. 7286 dated 2/2/1974 on the determination of the salary scale for NCOs and ranks in the Army.

2. See Decree No. 5397 dated 9/9/1982 on various military allowances.

ARTICLE 71

Convalescence

A volunteer shall receive active service salary for a maximum period of three months.

ARTICLE 72

Incapacity

  1. 1)Temporary disability: for a period of one year renewable for one more year:
  2. 2)Disability attributable to service: the volunteer shall receive full active service salary and all supplementary allowances and payments.
  3. 3)Disability not attributable to service: the volunteer shall receive half salary and full supplementary allowances and payments.
  4. 4)This salary shall be subject to pension deductions on the full salary and to income tax and stamp deductions on the salary actually received.
  5. 5)Permanent disability: the volunteer's pension rights or severance pay shall be settled in accordance with the provisions of this Legislative Decree.
ARTICLE 73

Absence from Service (Officers Only)

1 - Temporary suspension from service (for a maximum period of six months). The officer shall receive one-third of salary and full supplementary allowances and payments; this salary shall not be subject to pension deductions but shall be subject to income tax and stamp deductions. 2 - Permanent suspension from service: the officer's pension rights or severance pay shall be settled in accordance with the provisions of this Legislative Decree.

ARTICLE 74

Absence Without Leave

The text of Article 74 was replaced pursuant to Article One of Law No. 90 dated 14/6/1999 by the following text:

  1. 1)Authorised absence: absence shall be considered authorised if caused by force majeure for a maximum period of one year, during which salaries shall be paid to the entitled person; thereafter the status of the person concerned shall be determined by decree upon the proposal of the Minister of National Defence.
  2. 2)Unauthorised absence: the volunteer's salary shall be suspended with effect from the first of the month following the absence until the date of return, if no return occurs.
ARTICLE 75

Missing in Action

If a volunteer goes missing during or because of service and his news is cut off such that it is unknown whether he is alive or dead, the entitled person shall receive the full attendance salary for a period of sixty months. This period may be renewed by decree upon the proposal of the Minister of National Defence up to a maximum of ten years. The following paragraph was added to the text of Article 75 pursuant to Article 4 of Law No. 434 dated 15/5/1995: The period during which the missing volunteer receives the attendance salary pursuant to the provisions of the two preceding paragraphs shall be considered active service; the missing volunteer shall subsequently be retired and his entitlements settled for his legal heirs in accordance with applicable laws. All military personnel who reached the maximum period in a missing situation before this law entered into force shall benefit from the provisions of the above paragraph.

Amended 1995
ARTICLE 76

Resignation

A volunteer shall receive severance pay or pension entitlement; if he is not entitled to either, he shall recover the pension contributions deducted from his salaries.

ARTICLE 78

A volunteer shall receive his entitlements in accordance with the provisions of this Legislative Decree.

ARTICLE 78.2

Allowances During a State of Emergency or War

In the event of a declaration of a state of emergency or war, a volunteer shall be paid an allowance equivalent to one month's salary and all supplementary allowances and payments:

  1. 1)Each time a state of general emergency or a state of war is declared; this paragraph shall apply to all volunteers present in active service on Lebanese territory.
  2. 2)Each time a state of partial emergency is declared in a particular zone, the allowance shall be paid to the volunteer present in that zone.
  3. 3)The same allowance shall be paid to reservists who resume service after one month has elapsed since their resumption of service.
  4. 4)The same allowance shall be paid to civilians and conscripts attached to the Ministry of National Defence who are held at their posts due to operational necessity.
ARTICLE 104

Conditions for Military Service

Lebanese nationals who are male shall be subject to military service upon completing their eighteenth year of age; Lebanese nationals who are female shall be subject to this service upon call-up by decree taken in the Council of Ministers, which shall specify the conditions and fields of their employment.

ARTICLE 105

Duration of Military Service

The text of the first paragraph of Article 105 was replaced pursuant to Article 2 of Law No. 665 dated 2/4/2005. The text of paragraph 2 of Article 105 was amended pursuant to Article 2 of Law No. 665 dated 2/4/2005 and now reads as follows: The duration of military service shall be reduced to six months pending the final abolition provided for in Article One of this law. - Every person who has actually performed military service, civilian service or security service shall be deemed to have fulfilled the military service obligation and shall accordingly acquire the status of a reserve conscript. - Conscripts shall be classified as officers, non-commissioned officers or ranks in accordance with conditions determined by the Ministry of National Defence - Army Command. The following paragraph was added to the text of Article 105 pursuant to Article 3 of Law No. 665 dated 2/4/2005: Conscripts who wish to extend their service after the end of their statutory service period may, in accordance with Army Command's needs, have their service extended for a period not exceeding five years at the rank they held, during which they shall receive a monthly allowance equivalent to the first-grade salary of a conscript at their rank; all legal provisions governing conscripts shall apply to them throughout their service period. A conscript who has extended his service shall be entitled to terminate his service at the end of any year of extension.

Amended 2005
ARTICLE 106

Registers with Specific Information Compiled by Army Command

The Ministry of Interior - Directorate-General of Civil Status - shall send to the Ministry of National Defence - Army Command - in the first month of each year, lists containing the information specified by the Ministry of National Defence - Army Command.

ARTICLE 107

Procedures for Calling Up and Notifying Persons Subject to Military Service

  1. 1)The Ministry of National Defence - Army Command shall be responsible for calling up those subject to military service and informing them of the conditions of such service through various media.
  2. 2)Those residing outside Lebanese territory shall be notified through the Ministry of Foreign Affairs and Emigrants in accordance with lists organised by Army Command.
  3. 3)Every Lebanese national residing on Lebanese territory who has completed his eighteenth year of age and has not received a military service call-up notice must present himself within three months of reaching that age to the agencies competent in military service affairs in the Army in the zone where he permanently resides, to receive the call-up notice and declare his place of residence; he shall not be considered a defaulter.
  4. 4)Every Lebanese national subject to military service obligations who wishes to leave Lebanese territory to reside abroad for one year or more must notify, before his departure, the Ministry of National Defence – Army Command and the Directorate-General of General Security, and upon arrival in his destination country, the consular office responsible for him.
  5. 5)Consular offices and embassies shall provide the Ministry of National Defence – Army Command with the addresses of the persons concerned.
ARTICLE 108

Deferral or Exemption from Military Service

  1. 1)The cases in which a Lebanese national is automatically exempted from military service, and the cases in which his call-up for military service may be deferred, shall be determined by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence.
  2. 2)A Lebanese national who submits a request demonstrating fulfilment of the conditions specified for this purpose in the decree referred to in paragraph 1 of this article may be finally or temporarily exempted from military service by decision of the Commander of the Army.
ARTICLE 109

Procedures for Deferring the Call-Up for Military Service

The text of the first paragraph of Article 109 was amended pursuant to Article 4 of Law No. 665 dated 4/2/2005 and now reads as follows: The call-up of citizens for military service shall be deferred for one renewable year within the conditions referred to in paragraph /1/ of Article 108 above, at least until he completes his thirty-third year of age, upon which he must perform his service. He may be finally exempted from military service by decision of the Commander of the Army in cases determined by the implementing instructions of this Legislative Decree.

Amended 2005
ARTICLE 110

Submission of Requests for Exemption and Deferral

Requests for exemption and deferral shall be submitted by the persons concerned to the Ministry of National Defence – Army Command.

ARTICLE 111

Cancellation of Deferral or Exemption from Military Service

Deferral or exemption shall be cancelled by decision of the Commander of the Army upon the request of the person concerned.

ARTICLE 134

Conditions for Promotion of Reserve Personnel

Reservists shall be promoted under the same conditions applicable to volunteers and conscripts, provided they:

  1. 1)Complete in active service and in the reserve the seniority required for each rank.
  2. 2)Have attended the training periods prescribed for them.
  3. 3)Pass the training courses qualifying them for promotion.
ARTICLE 135

Exceptional Promotion

Reservists shall not be promoted after reaching the statutory age limit specified in Articles 56 and 57 of this Legislative Decree. Exceptional promotion is permitted if the conditions specified in Articles 41 and 48 of this Legislative Decree are met.

ARTICLE 136

Rights of Reserve Personnel

Reservists in civilian life shall not receive any salaries or allowances except for entitlements legally determined for them.

1. For the organisation of calling up reservists for service in the Army, see Decree No. 2354/4/10 dated 1992.

ARTICLE 137

Training of Reserve Personnel

Reservists called up for training periods and phases shall benefit from the same rights as volunteers, with the exception of salary and supplementary allowances, if the training does not exceed one month. If the training period exceeds one month, they shall also benefit from a monthly allowance equivalent to the salary and supplementary allowances applicable to their rank.

ARTICLE 138

Salaries and Allowances for Reserve Personnel

The text of Article 138 was replaced pursuant to Article 17 of Legislative Decree No. 1 dated 26/9/1984 with the following text: Reservists called up pursuant to this Legislative Decree who are called up for a period exceeding two months shall benefit from the difference between the salaries and supplementary allowances applicable to their rank and their pension. If they received severance pay instead of a pension, they shall benefit from the difference between the salaries and supplementary allowances applicable to their rank and the pension calculated on the basis of the service for which the severance pay was paid.

ARTICLE 139

Calculation of Reserve Personnel Service

Services rendered by reservists called up pursuant to this Legislative Decree shall not count for the purpose of revising the pension and severance pay unless the period of call-up exceeds one year, continuous or intermittent; in that case they shall benefit from bonuses and additions for the period of their service.

ARTICLE 140

Positions of Reserve Personnel

Reservists working in public administrations and institutions, independent agencies and municipalities called up pursuant to this Legislative Decree shall have their posts preserved and shall return to them or to similar posts in the same competent administration.

ARTICLE 141

Extension of Reserve Call-Up Beyond One Month

If a reservist is called up for a period not exceeding one month and he is employed by a natural or legal person, that person shall be obliged to pay his wages and reinstate him in his previous work. If the period exceeds one month, the natural or legal person shall be obliged to reinstate the reservist in his previous work or in similar work, provided the said period does not exceed one year, at which point the reservist's entitlements shall be settled in accordance with applicable laws.

ARTICLE 142

Transfer Allowance for Reserve Personnel

The State shall bear the transportation allowances of reservists called up who are outside the country pursuant to prior authorisation from Army Command.

ARTICLE 143

Allowance Equivalent to a Reserve Serviceman's Salary

Reservists called up at least twice in the same year for periods each not exceeding one month shall benefit from a compensation equivalent to the monthly salary applicable to their rank including supplementary allowances. This compensation shall be paid at the end of the year during which the call-ups occurred; it may be cancelled or reduced by decision of the Commander of the Army for disciplinary, conduct or competence reasons to ensure the duties of the rank are fulfilled.

Subsection 3

Promotion

ARTICLE 15

The Ministry of National Defence

The Ministry of National Defence, with all its institutions, shall be subject to the authority of the Minister of National Defence, who shall be responsible for the execution of all its duties.

Amended 1984
ARTICLE 16

Composition of the Ministry of National Defence

The Ministry of National Defence shall be composed of the following principal institutions: - The Army. - The Directorate-General of Administration. - The Inspectorate-General. - The Military Council.

Amended 1984
ARTICLE 17

Composition of the Military Chamber Established at the Ministry of National Defence

1 - A Military Office shall be established at the Minister of National Defence, headed by an officer of the rank of colonel and above, comprising: - A Secretariat. - An Administrative Control Department, which shall:

  1. 1)Monitor the legality of administrative acts in the Ministry of National Defence.
  2. 2)Exercise the permitted control authority over credit accounting and public works.
  3. 3)- A Public Relations and Information Department.
  4. 4)- A Department of Lebanese Military Attachés Abroad.
  5. 5)- A Legal Affairs and Military Justice Department.
  6. 6)- A Department of Veterans.
  7. 7)The Head of the Military Office shall be appointed by decree upon the proposal of the Minister of National Defence after consulting the opinion of the Commander of the Army.
  8. 8)The staff establishment of the Military Office, conditions of appointment, working procedures, and powers and responsibilities of its personnel shall be determined by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence.
  9. 9)Military judges shall be appointed by decision of the Minister of National Defence upon the proposal of the Military Council.

1. The staff establishment of the Military Office at the Ministry of National Defence, conditions of appointment, working procedures, and powers and responsibilities of its personnel were determined pursuant to Decree No. 2788 dated 14/3/1980.

Amended 1984
ARTICLE 18

Composition and Command of the Army

1 - The Army shall comprise ground, air and naval forces organised under the command of the Commander of the Army. The Army shall be composed of: - Army Command. - Ground Forces. - Air Forces. - Naval Forces. - Military Academies. Army Command: Army Command shall be composed of: - The Commander of the Army. - The General Staff. The General Staff shall be subject to the direct authority of the Commander of the Army and shall be composed of: - The Chief of Staff. - Deputy Chiefs of Staff. Directorates, advisory bodies, resources and specialised agencies.

1. For the general organisation of the Army, its establishment, operating procedures, and powers and responsibilities of commanders and superiors, see: Decree No. 3771 dated 22/1/1981.

2. For the powers and responsibilities of the Commander of the Air Forces, see Article 34 of Decree No. 3771 dated 22/1/1981.

3. For the powers and responsibilities of the Commander of the Naval Forces, see Article 35 of Decree No. 3771 dated 22/1/1981.

Amended 1984
ARTICLE 19

Appointment of the Army Commander

The Commander of the Army shall be appointed by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence, from among general officers accredited to the General Staff who may not be placed in reserve. The Commander of the Army shall hold the rank of General, and such rank shall be designated the Commander of the Army's rank; he shall be directly attached to the Minister of National Defence.

ARTICLE 20

Duties of the Army Commander

The Commander of the Army shall be responsible for preparing the Army for its assigned missions, raising its combat readiness and commanding military operations, which requires: - Executing voluntary and compulsory enlistment. - Organising units and formations, defining their missions and management. - Executing alert and mobilisation operations upon their declaration. - Preparing plans, combat orders and logistical programmes. - Anticipating Army needs, maintaining equipment levels and completing procurement after receipt from the General Administration. - Commanding military operations. - Commanding security operations when the Army is charged with security maintenance duties. The Intelligence Directorate shall be attached to the Commander of the Army, except in matters of military security where it shall be attached to the Chief of Staff; it shall provide the Prime Minister and Vice-Chairman of the Supreme Defence Council with all information.

1. For the direct attachment of the Intelligence Directorate, the Guidance Directorate and the Documentation and Studies Centre to the Commander of the Army, see Articles 3, 4, 5 and 5 bis of Decree No. 3771 dated 22/1/1981 on the general organisation of the Army.

ARTICLE 21

Appointment of the Chief of Staff and Deputy Chiefs of Staff

The Chief of Staff shall be appointed by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence after consulting the opinion of the Commander of the Army, from among general officers accredited to the General Staff who may not be placed in reserve. The Chief of Staff shall deputise for the Commander of the Army in his absence and shall exercise his duties and powers throughout the period of his absence. Deputy Chiefs of Staff shall be appointed by decree upon the proposal of the Minister of National Defence with the recommendation of the Commander of the Army after consulting the opinion of the Chief of Staff, from among officers of the rank of colonel and above who may not be placed in reserve.

1. For an expanded treatment of the powers and responsibilities of Deputy Chiefs of Staff, see Articles 11 et seq. of Decree No. 3771 dated 22/1/1981 on the general organisation of the Army.

Amended 2011
ARTICLE 22

Duties of the Chief of Staff

The Chief of Staff shall assist the Commander of the Army in fulfilling his responsibilities and executing his duties by controlling the work of the General Staff departments, coordinating among them and assessing the combat readiness of the Army, which requires: - Expressing opinions on matters submitted to the Commander of the Army for appropriate decisions. - Overseeing the implementation of decisions taken. - Supervising the Army's readiness in terms of equipment and personnel. - Proposing methods and means to help develop the work of the General Staff and improve service levels for combat units. - Supervising manpower, preparation and reserve affairs. In operational situations determined by decree taken in the Council of Ministers, the Chief of Staff may refer to the Supreme Defence Council through the Minister of National Defence in the event of a divergence of views between him and the Commander of the Army.

1. For an expanded treatment of the powers and responsibilities of the Chief of Staff, see Articles 7 et seq. of Decree No. 3771 dated 22/1/1981 on the general organisation of the Army.

ARTICLE 23

Appointment of the Director-General of Administration and His Duties

1 - Appointment of the Director-General of Administration: The Director-General of Administration shall be appointed by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence, from among general officers accredited to the General Staff or Administration (register) who may not be placed in reserve. The Director-General shall be directly attached to the Minister of National Defence. 2 - Duties of the Director-General of Administration: First - Subject to the provisions of the Public Accounting Law and the powers of the Minister of National Defence and the Military Council as set forth in this Legislative Decree, the Director-General of Administration shall take the legal and regulatory measures and procedures to secure the Army's various needs and required services, to prepare the budget and monitor its execution, to monitor the use of funds of institutions attached to the Army establishment, and to manage the canteen institutions referred to in this article. Second - The working procedures between Army Command and the Directorate-General of Administration shall be determined by instructions issued by the Minister of National Defence upon the proposal of the Military Council. 3 - The Directorate-General of Administration shall be composed of: the Secretariat, the Supply Service, the Strength Service, the Engineering Service, the Geography Service, the Health Service, the Finance Service, and canteen institutions (the Economic Institution, the Officers' Mutual Aid Institution, the NCOs and Ranks Mutual Aid Institution, and the Civilian Employees Mutual Aid Institution).

1. The staff establishment of the Directorate-General of Administration at the Ministry of Defence, conditions of appointment, working procedures, and powers and responsibilities of its personnel were determined pursuant to Decree No. 3119 dated 14/6/1980.

Amended 2011
ARTICLE 24

Appointment of the Inspector-General and His Duties

1 - Appointment of the Inspector-General: The Inspector-General shall be appointed by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence, from among general officers accredited to the General Staff who may not be placed in reserve. The Inspector-General shall be directly attached to the Minister of National Defence.

  1. 1)Duties of the Inspector-General:
  2. 2)The Inspector-General shall be responsible for inspecting all institutions and departments of the Ministry of National Defence, and shall: verify the application of laws and regulations and the implementation of orders and instructions; and submit necessary proposals for the proper conduct of work in the various capacities of the Army, the Directorate-General of Administration and their activities.
  3. 3)The working procedures between Army Command and the Inspectorate-General shall be determined by instructions issued by the Minister of National Defence upon the proposal of the Military Council.
Amended 2011
ARTICLE 25

Composition of the General Inspectorate

The Inspectorate-General shall be composed of: - A Secretariat. - An Inspectorate of Education, Manpower and Sports. - An Inspectorate of Arms covering the use of all types. - A Health Inspectorate. - An Administrative Inspectorate for Personnel, Mutual Aid and Finance.

1. The staff establishment of the Inspectorate-General at the Ministry of National Defence, conditions of appointment, working procedures, and powers and responsibilities of its personnel were determined pursuant to Decree No. 2790 dated 14/3/1980.

ARTICLE 26

Composition of the Military Council

1 - The Military Council shall be composed of: - The Commander of the Army, as Chairman - The Chief of Staff, as Vice-Chairman - The Director-General of Administration, as Member - The Inspector-General, as Member - The Secretary-General of the Supreme Defence Council, as Member - A general officer appointed by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence after consulting the opinion of the Commander of the Army, as Member

  1. 1)The Chairman of the Council may invite any person he deems appropriate to attend Council meetings.
  2. 2)A secretariat called «the Secretariat of the Military Council» shall be established at the Military Council; its staff establishment shall be determined by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence.

1. The staff establishment of the Secretariat of the Military Council at the Ministry of National Defence, conditions of appointment, working procedures, and powers and responsibilities of its personnel were determined pursuant to Decree No. 2789 dated 14/3/1980.

Amended 1992
ARTICLE 27

Powers of the Military Council

  1. 1)The Military Council shall approve:
  2. 2)The organisation of all principal institutions of the Ministry of National Defence.
  3. 3)The assignments of regional commanders, corps, regiments and commanders of air and naval forces and military academy commanders and their equivalents, which shall be issued by decree.
  4. 4)The assignments of directors, branch chiefs and unit commanders in the Army establishment upon the proposal of the Commander of the Army.
  5. 5)The suspension of officers of the rank of colonel and above for a period exceeding one month.
  6. 6)The promotion of officers to the rank of captain and above; such promotions shall be issued by decrees upon the proposal of the Minister of National Defence.
  7. 7)The award of decorations to officers by decrees upon the proposal of the heads of principal institutions.
  8. 8)The withdrawal of decorations.
  9. 9)The Military Council shall also approve: conditions of admission of civilians to military academies and conditions of appointment therein; the establishment and organisation of military academies; the referral of officers to the Disciplinary Council; the secondment of military personnel to attend training courses abroad; categories and specifications of equipment, weapons and matériel; lists of candidates for the Military Academy and lists of graduates; the preparation of promotion lists for the rank of captain and above; the appointment of heads of study and intelligence committees; and the appointment of liquidators and officers charged with signing expenditure contracts.
  10. 10)The Military Council shall establish permanent instructions for the proper conduct of work in the principal institutions and manpower and equipment schedules.
  11. 11)The Military Council shall give its opinion on contracts at their various stages and shall examine special specifications.
  12. 12)The Military Council shall submit its recommendations to the Minister of National Defence regarding budget proposals, defence determination and the designation of military attachés.
ARTICLE 28

Meetings of the Military Council

The Military Council shall meet periodically in accordance with a schedule determined by its Chairman by decision at the beginning of each year. The Council may also meet exceptionally upon the request of the Minister of National Defence, or a convocation by the Chairman of the Military Council, or a request from half its members. A meeting of the Council shall not be valid unless five members are present. The resolutions of the Military Council shall be adopted by majority; in the event of a tie, the Chairman's vote shall be the casting vote. The Chief of Staff shall chair the Military Council in the event of the Chairman's absence. The deliberations and resolutions of the Military Council shall be strictly confidential.

ARTICLE 40

Definition of Promotion

Promotion is the transition from one rank to a higher rank.

ARTICLE 41

Promotion of Non-Commissioned Officers and Privates

  1. 1)A private may not be promoted to senior private before completing one year in service, and the proportion of senior privates must not exceed 25% of the total strength of privates and senior privates.
  2. 2)Promotion to the rank of corporal may not take place until two years in service have been completed.
  3. 3)A corporal may not be promoted to senior corporal unless he has completed one year in service in the rank of corporal, and the proportion of senior corporals must not exceed 25% of the total strength of corporals and senior corporals.
  4. 4)Promotion from sergeant to senior specialist may not take place unless the candidate has spent two years in the preceding rank, provided that seniority in service as corporal and corporal, or sergeant or sergeant together, is counted for promotion to the rank of sergeant.
  5. 5)5 -
  6. 6)The text of paragraph 5 of Article 41 was amended pursuant to Article 11 of Legislative Decree No. 1 dated 26/9/1984, substituting «Army Command» for «Military Council»:
  7. 7)Promotion of NCOs and ranks may only be effected for those who have fulfilled the legal conditions specified in a special regulation issued by decision of the Military Council.
  8. 8)Direct superiors shall draw up nomination lists for the promotion of NCOs and ranks, which shall be submitted through the chain of command to the Commander of the Army for decision.
  9. 9)The promotion of NCOs and ranks shall be by selection and decided by the Commander of the Army.
  10. 10)Students of the Military Academy and students of the NCO School shall be exempted from the provisions of this article and shall be subject for the purposes of promotion to the special regulations of each of these schools.
  11. 11)9 -
  12. 12)And replaced by the following text:
  13. 13)- NCOs and ranks may not be promoted after reaching the statutory age limit for their rank.
  14. 14)- While retaining their seniority qualifying for promotion, NCOs and ranks may be promoted exceptionally, contrary to promotion conditions and even during extended service, if it is established that they performed distinguished acts during combat operations, security operations or armed internal engagements, by decision of the Minister of National Defence upon the proposal of the Commander of the Army and with the approval of the Military Council.
  15. 15)The text of the third sub-paragraph of paragraph (9) of Article 41 was amended pursuant to Article One of Law No. 17 dated 10/2/2017 and now reads as follows:
  16. 16)Notwithstanding any other provision, the NCO or rank who is killed or martyred in any of the circumstances mentioned above, or in the course of an ordered flight or navigation mission, or who is killed or dies as defined in paragraph 1 of Article 94, shall be promoted to the next higher rank provided he did not benefit from a promotion for distinguished acts under the same circumstances; the deceased shall be deemed to have been promoted to the rank to which he was promoted, by decision of the Minister of National Defence upon the proposal of the Commander of the Army and with the approval of the Military Council.
  17. 17)- If the martyred NCO or rank was already on a study list for a higher rank before the date of his martyrdom, he shall be promoted to that rank by decision of the Minister of National Defence upon the proposal of the Commander of the Army and with the approval of the Military Council before applying the above provisions.
  18. 18)- If the martyred NCO holds the rank of senior specialist, he shall be promoted to the rank of second lieutenant and his entitlements shall be settled on the basis of the salary due in that rank.
  19. 19)A senior specialist shall be exceptionally promoted to the rank of second lieutenant when any of the conditions set out in paragraph 9 above are met, in accordance with the officer promotion procedures.
  20. 20)NCOs and ranks may not be promoted after retirement upon reaching the statutory age limit except when called up to complete service and upon performing outstanding acts of bravery, in which case they shall be exempted from the statutory age limit for the new rank.
  21. 21)The extended-service NCO (first year - second year - third year) who is killed or dies in any of the circumstances specified in paragraph 1 of Article 94 of the National Defence Law shall be promoted to the rank of «sergeant», by decision of the Minister of National Defence upon the proposal of the Commander of the Army and with the approval of the Military Council, and the effects of paragraph 1 of Article 94 of the National Defence Law shall apply to him.
Amended 1990Amended 2017Amended 2017
ARTICLE 42

Promotion of Officers

1 - The text of paragraph (1) of Article 42 was amended pursuant to Article One of Law No. 742 dated 15/5/2006 and now reads as follows: Officers shall be promoted within the limits of vacant posts and within the appropriations allocated in the budget, provided the candidate's name has been entered on the promotion list. As for the Military Academy and other military schools in Lebanon or abroad, the promotion of officer cadets therein shall be governed by decision of the Minister of National Defence upon the proposal of the Commander of the Army, provided promotion in these schools does not exceed the rank of senior specialist and the officer cadet has successfully completed the third year of study if it exceeds three years, including those spent at the Military Academy.

  1. 1)Seniority in the rank of second lieutenant shall be counted for promotion purposes and for the receipt of the salary difference on account of the period spent at the rank of senior first assistant in accordance with the conditions of paragraph 1 of this article. The period spent in reviewing annual studies after promotion to senior specialist rank shall not count for seniority in the rank of second lieutenant or for receipt of the salary difference.
  2. 2)The candidate's seniority in rank and service, his qualifications, general and professional competence and the assessment of his superiors shall be taken into account in selecting him for promotion.
  3. 3)The promotion of officers shall be issued by decree upon the proposal of the Minister of National Defence.
  4. 4)The names of candidates shall be entered on the promotion list in order of their seniority in rank, and promotions shall be effected in accordance with the order of this list. However, preference may be given when ordering names on the promotion list to those who have distinguished themselves through their service.
ARTICLE 43

Promotion of a Second Lieutenant to First Lieutenant

A second lieutenant shall be promoted to first lieutenant: - By selection after three years in the rank. - By seniority after four years in the rank.

ARTICLE 44

Promotion to the Rank of Captain and Above

The text of Article 44 was amended pursuant to Article 3 of Law No. 135 dated 14/4/1992 and now reads as follows:

  1. 1)Promotion to the rank of captain, colonel or major general shall be by selection after the candidate has spent at least four years in the rank immediately below it.
  2. 2)Promotion to the rank of major, lieutenant colonel or colonel shall be by selection after the candidate has spent at least five years in the rank immediately below it.

Article 45 The text of Article 45 concerning promotion from the rank of captain to major and from lieutenant colonel to colonel was repealed pursuant to Article 12 of Legislative Decree No. 1 dated 26/7/1984.

Amended 1992
ARTICLE 45

The text of Article 45 concerning promotion from the rank of captain to major and from lieutenant colonel to colonel was repealed pursuant to Article 12 of Legislative Decree No. 1 dated 26/9/1984.

ARTICLE 46

Determination of the Proportion of Officers Promoted from the Ranks

The proportion of officers promoted from the ranks relative to the total officers listed in the Army establishment referred to in Article 21 of this Legislative Decree shall be determined by decree upon the proposal of the Minister of National Defence with the recommendation of the Commander of the Army.

ARTICLE 47

Granting Seniority for Promotion

  1. 1)An officer may be granted a seniority credit for promotion of between approximately three and six months for distinguished acts performed during combat operations, security operations or armed internal engagements.
  2. 2)The seniority credit for promotion shall be granted by decree upon the proposal of the Minister of National Defence based on the recommendation of the Commander of the Army and the approval of the Military Council.
ARTICLE 48

Procedures for Promoting Officers

  1. 1)Officers shall be nominated for promotion once a year during the month of November. The nomination list must include all officers who have fulfilled the conditions for nomination.
  2. 2)The text of paragraph (2) of Article 48 was amended pursuant to Article 6 of Law No. 169 dated 29/08/2011 and now reads as follows:
  3. 3)Students of the Military Academy and other specialist and technical schools, as well as second lieutenants nominated for promotion to first lieutenant and officers nominated for the rank of major general, shall be exempted from the provisions of paragraph (1) of this article; the promotion of students to the rank of second lieutenant shall be governed by the procedures specified in their academy regulations, and to first lieutenant in accordance with the provisions of Article 43 of this Legislative Decree.
  4. 4)Before the first of December of each year, the Commander of the Army shall submit to the Minister of National Defence draft decisions for entering officers up to the rank of colonel on the promotion list.
  5. 5)The Minister of National Defence shall issue and publish during the month of December of each year a decision entering officers up to the rank of colonel on the promotion list based on the draft proposals referred to in paragraph 2 of Article 27 of this Decree.
  6. 6)The text of paragraph (5) of Article 48 was amended pursuant to Article 6 of Law No. 169 dated 29/08/2011 and now reads as follows:
  7. 7)The Minister of National Defence shall issue and publish during the month of December of each year a decision entering officers for the rank of colonel on the promotion list based on the proposals referred to in paragraph 2-2 of Article 27 of this Legislative Decree.
  8. 8)The organisation of the Army, its establishment, working procedures, and powers and responsibilities of commanders and superiors shall be issued by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence and after consulting the opinion of the Commander of the Army and the Council of State.
  9. 9)Army regulations and permanent instructions not provided for in this Legislative Decree shall be issued by decisions of the Minister of National Defence upon the proposal of the Commander of the Army and with the approval of the Military Council.
  10. 10)The text of paragraph (6) of Article 48 was amended pursuant to Article 6 of Law No. 169 dated 29/08/2011 and now reads as follows:
  11. 11)Decrees promoting officers from the lowest rank up to brigadier general shall be issued on the first of January and the first of July of each year; officers' names shall be arranged in these decrees in accordance with military seniority, taking into account the provisions of paragraph (5) of Article (42) of this Legislative Decree.
  12. 12)Officers may not be promoted after retirement upon reaching the statutory age limit except when called up to complete service and upon performing outstanding acts of bravery; in such case they shall be exempted from the statutory age limit for the new rank.
  13. 13)New text was added to paragraph (8) of Article 48 pursuant to Article 3 of Legislative Decree No. 604 dated 22/05/1990, then this text was entirely amended pursuant to Article 6 of Law No. 169 dated 29/08/2011 and Article One of Law No. 17 dated 02/10/2017 and now reads as follows:
  14. 14)Notwithstanding any other provision, an officer who is martyred during security operations or armed internal engagements, or in the event of an ordered flight or navigation, or who is killed or dies as defined in paragraph 1 of Article 94, shall be promoted to the next higher rank and shall be deemed martyred in the rank to which he was promoted.
  15. 15)If he was already entered on the promotion list for a higher rank before the date of his martyrdom, he may be promoted to that rank after the required minimum period before applying the provisions of the first part of this paragraph.
  16. 16)If the martyred officer holds the lowest rank, his entitlements shall be settled on the basis of the salary allocated for the highest grade in his rank.
  17. 17)If an officer dies without having exercised the right granted to him under paragraphs 6, 7, 8 and 9 of Article (51) of this Legislative Decree in accordance with the seniority and hierarchy attached thereto in those paragraphs, he may be retired at the higher rank after his promotion thereto and at the grade he would have been entitled to in that rank, notwithstanding any other provision and regardless of the period of active service he completed.
  18. 18)If an officer who is entered on the promotion list for a higher rank dies, he shall be promoted to that rank at the grade he would be entitled to therein, and his entitlements shall be settled in accordance with applicable laws.
  19. 19)The cadet officer (first year - second year - third year) who is killed or dies in any of the circumstances specified in paragraph 1 of Article 94 of the National Defence Law shall be promoted to the rank of second lieutenant, and the effects of paragraph 1 of Article 94 of the National Defence Law shall apply to him.

1. Article 21 of this Legislative Decree, before its amendment, provided as follows:

2. Pursuant to Article 4 of Law No. 135 dated 14/4/1992: «Decisions regarding those entitled during the remainder of the year 1992 referred to in paragraphs 3-5 of Article 48 of Legislative Decree No. 102 dated 16/9/1983 shall be issued before 30/6/1992 at the latest», for documentation purposes.

3. The phrase «...from each decision registering officers...» was corrected to read «...from each year a decision registering officers...» pursuant to a correction of a typographical error published in Official Gazette No. 43 dated 15/09/2011, for documentation purposes.

Amended 2011Amended 2011Amended 2017
ARTICLE 79

Calculation of Retirement Pension

The text of Article 79 was amended pursuant to Article One of Law No. 273 dated 11/3/1993, Article 4 of Law No. 718 dated 11/5/1998, the sole article of Law No. 2 dated 20/2/1999, Law No. 173 dated 14/2/2000 and Law No. 309 dated 03/04/2001 and now reads as follows:

  1. 1)The pension shall be settled on the basis of one quarter of the last monthly salary, calculated in accordance with the provisions of paragraph 2 below, multiplied by the number of years of service up to a maximum of forty years; the volunteer or the family of a volunteer who dies in service shall also receive, in addition, a severance payment equivalent to three months' salary for each year exceeding forty years.
  2. 2)For the purposes of calculating the pension and severance pay, one twenty-fourth of the value of the last grade in active service shall be added to the last basic monthly salary received by the volunteer at the date of termination of his service or at the date of his death, multiplied by the number of months the volunteer spent in service after his last increment.
  3. 3)- The result shall be multiplied by 85% (eighty-five percent).
  4. 4)The provisions of paragraphs 1 and 2 above shall apply to Articles 86, 88 and 94 of the aforementioned Legislative Decree.
  5. 5)The following paragraph was added at the end of the text of Article 79 pursuant to the sole article of Law No. 2 dated 20/2/1999, then this paragraph was amended pursuant to Law No. 309 dated 03/04/2001 and now reads as follows:
  6. 6)For the purposes of calculating the pension and severance pay for military personnel whose service ended during the years 1995, 1996, 1997, 1998, 1999 and 2000, the provisions of this law applicable to their counterparts whose service ended after 1/1/1999 shall apply to them, including the conversion of salaries and the new bases for calculating pension and severance pay, and their entitlements shall be re-settled on this basis.
  7. 7)The following paragraph was added to the text of Article 79 pursuant to Article 21 of Law No. 173 dated 14/2/2000:
  8. 8)The pension and severance pay calculated pursuant to the paragraphs of this article must not fall below the pension and severance pay calculated pursuant to previously applicable laws.

1. See Law No. 161 dated 13/8/1992 on amending certain provisions of the pension and discharge from service system.

2. Law No. 2/1999 was published in Official Gazette No. 9 dated 25/2/1999.

3. For the settlement of pensions and severance pay for institutions attached to the Ministry of National Defence, see Decree No. 172 dated 10/6/1989.

4. The provisions of this law referred to are the provisions of Law No. 718 dated 11/5/1998.

5. This amendment was published in Official Gazette No. 51 dated 12/11/1998.

Amended 1993Amended 1999Amended 2000
ARTICLE 80

Elements of Retirement Pension and Severance Pay

  1. 1)The following elements shall be included in calculating pension or severance pay: number of years of active service, bonuses and additions.
  2. 2)The bonuses added to years of active service are:
  3. 3)Double the period of active service completed in an operational combat zone in time of war, or during first-degree security operations in time of war and peace.
  4. 4)Double the period of active service completed outside an operational combat zone in time of war, and during second-degree security operations in time of peace and war.
  5. 5)Half the period of active service completed on the front lines during a truce, or during third-degree security operations in time of peace and war.
  6. 6)An addition equivalent to three days for each hour of military flight for aviators and pilots, provided the total of these additions does not exceed 18 months per calendar year; only half shall be counted upon receipt of severance pay.
  7. 7)The additions referred to in sub-paragraph «d» shall be counted in full for pension settlement purposes within the maximum limit provided for in Article 82 of this Legislative Decree; only half shall be counted upon receipt of severance pay.
  8. 8)An addition equivalent to three months for each year of active peacetime service aboard a naval vessel in Lebanon or abroad.
  9. 9)An addition for specialist officers equivalent to the number of years of university study completed at their own expense.
  10. 10)An addition for specialist physicians equivalent to the number of years of university and specialist study completed at their own expense.
  11. 11)Disability additions: granted to those who have acquired the right to a pension if it is established at the time of their retirement that they are suffering from a disability resulting from injuries or service-related illnesses or retired on account of them; these additions are calculated as follows:
  12. 12)- One year if the degree of disability is ten percent and below twenty percent.
  13. 13)- Two years if the degree of disability is 20% and below 40%.
  14. 14)- Three years if the degree of disability is 40% and below 60%.
  15. 15)- Four years if the degree of disability is 60% and below 70%.
  16. 16)- Five years if the degree of disability is 70% and below 80%.
  17. 17)- Six years if the degree of disability is 80% and below 90%.
  18. 18)- Seven years if the degree of disability is 90% and above.
  19. 19)The bonuses and additions referred to in paragraph 2 of this article shall not entitle the person concerned to a pension if he has not completed the minimum service period specified in this Legislative Decree in active service, but they shall be included in the calculation of severance pay, with the exception of the additions referred to in sub-paragraphs f, g and h, which are only included in the pension calculation.
  20. 20)Bonuses and additions shall be calculated in months; fractions of a month shall not be counted after aggregating bonuses and additions with active service; nor shall bonuses and additions exceeding 24 months per year of active service be counted.
  21. 21)The zones, circumstances and situations conferring the right to war bonuses shall be determined by decree issued upon the proposal of the Minister of National Defence.

1. The reference in this article is to Article 4 of Law No. 718/1998 which amended Article 79 of Legislative Decree No. 102/1983 (National Defence Law), i.e. the new amended text of Article 79, for documentation purposes.

2. Several decrees were issued determining the war bonuses granted to military personnel.

ARTICLE 81

Aggregation of Previous Service

  1. 1)For the purposes of pension and salary grade, service rendered in any of the armies and military formations listed below shall be credited to every Lebanese service member who was under arms on 10/2/1950; the relevant military formations and armies are:
  2. 2)The Gendarmerie and other military formations that were under the States covered by the French mandate.
  3. 3)Formations of the allied conventional armies during the war of 1939-1945.
  4. 4)- Such service shall only be counted if pension deductions were paid for it and if the service member was under arms on 20/6/1963.
  5. 5)- These pension deductions shall be calculated on the basis of the salaries of the Eastern Armies; war additions accrued during this period shall be counted in calculating the pension and severance pay.
  6. 6)If a retired person is reinstated in active service, he may request that his prior services be included in his pension or severance pay calculation, provided he submits a request to that effect within three months from the date of his return to service and reimburses the Treasury for amounts received pursuant to this Legislative Decree as follows:
  7. 7)By deducting 15% from his salary for pension contributions if called up to resume service as a reservist.
  8. 8)In a lump sum or in monthly instalments over the period of his new enlistment contract if he resumed service thereunder.
  9. 9)If he is subsequently discharged, the following measures shall be taken:
  10. 10)If discharged for non-service-related health reasons or at his own request before fully repaying the instalments, he shall receive severance pay instead of pension and the outstanding balance shall be deducted therefrom.
  11. 11)If dismissed before fully repaying the instalments, half the instalments paid shall be refunded to him and his entitlements settled on the basis of his new period of service.
  12. 12)If discharged for service-related health reasons and he receives a pension, the 15% deduction shall be applied to his pension until fully paid; if he receives severance pay, the outstanding balance shall be deducted therefrom.
  13. 13)If he dies during service for any reason, the provisions of sub-paragraph (c) of paragraph 3 of this article shall apply to his heirs.
ARTICLE 82

Maximum Limits of Retirement Pension

1 - The text of paragraph 1 of Article 82 was repealed pursuant to Article 3 of Law No. 273 dated 11/3/1993. h (1) - A volunteer whose service exceeds forty years, including war bonuses, shall receive, in addition to the pension to which he is entitled, a severance payment equivalent to two months' salary subject to pension deductions for each year exceeding this limit, whether in active service or bonuses. - A volunteer and the family of a volunteer who dies in service for any reason, whose service exceeds forty years including war bonuses, shall receive, in addition to the pension to which they are entitled, a severance payment equivalent to two months' salary subject to pension deductions for each year exceeding this limit, whether in active service or bonuses; the provisions of this paragraph shall apply as of the date of entry into force of this Legislative Decree, and to families of service members pursuant to the provisions of Article 94-1 and 2 of Legislative Decree No. 102 dated 16/9/1983 (National Defence) and its amendments as of 1/1/1989. If the disability additions referred to in sub-paragraph (h) of Article 80 of this Legislative Decree are included in calculating the service of the volunteer, he shall only be entitled to the severance payment referred to above for each year exceeding forty-five years, whether in active service or bonuses and additions. 2 - Officers holding the rank of General, whether already retired or to be retired in the future, shall enjoy the rights set out in the following table: The table annexed to Article 82 was replaced pursuant to Article One of Law No. 43/1988 dated 24/6/1988 by the table annexed to that law, then replaced pursuant to Article 5 of Law No. 718 dated 11/5/1998 by Table No. 7 annexed to that law, which reads as follows:

<table> <tr> <th>Rank</th> <th>Equipment Allowance</th> <th>Rank Allowance</th> </tr> <tr><td>General</td><td>100%</td><td></td></tr> <tr><td>Major General</td><td>100%</td><td></td></tr> <tr><td>Brigadier General</td><td>100%</td><td></td></tr> <tr><td>Colonel</td><td>100%</td><td></td></tr> <tr><td>Lieutenant Colonel</td><td>100%</td><td></td></tr> <tr><td>Major</td><td>100%</td><td></td></tr> <tr><td>Captain</td><td>100%</td><td></td></tr> <tr><td>First Lieutenant</td><td>100%</td><td></td></tr> <tr><td>Second Lieutenant</td><td>100%</td><td></td></tr> </table>

  1. 1)Paragraph 2 above shall apply as of the date of entry into force of this Legislative Decree and shall have no retroactive effect.
  2. 2)The entitlements of officers benefiting from the provisions of paragraph 2 above shall be determined by the Pension Settlement Committee and allocated to them in accordance with applicable procedures for allocating pensions.
  3. 3)An officer who previously held the post of Army Commander and who was a minister while in active service shall benefit from the entitlements determined by this Legislative Decree for the rank of General.
  4. 4)- 90% of the value of these entitlements shall be allocated to the family members of a martyred officer.
  5. 5)- 50% of the value of these entitlements shall be allocated to the family members of an officer who dies in service or in retirement.
  6. 6)- The entitlements of those benefiting from these allocations shall be determined by the Pension Settlement Committee, allocated to them and deducted therefrom in accordance with applicable pension allocation procedures, taking into account the provisions of Article 94-9 of this Legislative Decree.
  7. 7)- The provisions of this paragraph shall apply to prior cases of death and martyrdom without any retroactive effect.
  8. 8)Subject to the provisions of Article 98 of this Legislative Decree, the entitlements specified in the table referred to in paragraph «a» above shall be transferred to the entitled family members of the beneficiary upon the replacement of the driver and escort with the corresponding monetary allowance determined for them, in the proportions specified for each case as follows:
  9. 9)- 90% of the value of these entitlements for the family members of an officer martyred in service or who dies in service or in retirement.
  10. 10)- 75% of the value of these entitlements for the family members of an officer who dies in service or in retirement.
  11. 11)- The entitlements of those benefiting from these allocations shall be determined by the Pension Settlement Committee, allocated to them and deducted therefrom in accordance with applicable pension allocation procedures, taking into account the provisions of Article 94-9 of this Legislative Decree.
  12. 12)- The provisions of this paragraph shall apply to prior cases of death and martyrdom without any retroactive effect.

1. The text of the first passage of sub-paragraph (h) of Article 82 was repealed pursuant to Article One of Legislative Decree No. 621 dated 6/6/1990 (issued by the government of President Michel Aoun) and replaced by the following text:

2. Pursuant to Article One of Legislative Decree No. 594 dated 8/5/1990 (issued by the government of President Michel Aoun) and not published in the Official Gazette, paragraph 5 was added to Article 82.

Amended 1993Amended 1992
ARTICLE 83

Amendment of Retirement Pension

  1. 1)A pension may not be revised unless the retired person renders new services for a period of at least one year, continuous or intermittent; the periods of compulsory training to which reservists are called shall not be included in this period if the period ended thirty continuous days.
  2. 2)The pension shall not be added to the active service salary or its equivalent except for reservists upon their call-up and within the limits of Articles 137 and 138 of this Legislative Decree.
  3. 3)The pension of a volunteer retired after 1/7/1974 must not be less than the pension of a volunteer who retired before that date and benefited from the provisions of Law No. 40/64 dated 12/12/1964, if the latter had equal or greater seniority in service and rank.
ARTICLE 84

Right to Choose Between Retirement Pension and Severance Pay

  1. 1)Every officer discharged after acquiring the right to claim a pension, and who has completed at least twenty-five years in active service, shall have the right within one month of the date of his discharge to request that this pension be replaced by the severance pay provided for in Article 91 of this Legislative Decree.
  2. 2)Every non-officer volunteer discharged after acquiring the right to claim a pension shall have that pension allocated to him; he shall not be entitled to request that it be replaced by severance pay unless he is retired upon reaching the statutory age limit.
  3. 3)A volunteer who joins State institutions after his discharge shall not be entitled to severance pay or a pension; instead, the period he spent at the Ministry of National Defence shall be added to his subsequent State service.
ARTICLE 85

Types of Disability Pension

  1. 1)A disability pension shall be allocated to those who are permanently retired for health reasons resulting from service-related illnesses or injuries.
  2. 2)The disability pension shall be:
  3. 3)Temporary when the cause is incurable and the degree of disability is subject to increase or decrease.
  4. 4)Permanent when the cause is incurable and the degree of disability has been definitively determined within four years of the date of discharge.
ARTICLE 86

Settlement of Disability Pension and Severance Pay for Volunteers Discharged for Health Reasons

Disability pensions and severance pay for volunteers who are permanently discharged for health reasons shall be settled according to the degree of disability as follows: The text of the first passage before sub-paragraph (a) of Article 86 was amended pursuant to Article One of Law No. 17 dated 02/10/2017 and now reads as follows: 1 - If a volunteer, regardless of his seniority in service, is discharged because of an infirmity, illness or injury sustained in any of the following circumstances: - During an armed engagement with an enemy, armed gangs or groups disturbing security. - As a result of an assault suffered in the course of performing his duties. - While performing an altruistic act to save the life of another. - During military manoeuvres, field training or other training exercises conducted.

He shall receive a disability pension equivalent to:

  1. 1)60% of the last month's salary subject to pension deductions if the degree of disability is 30% and below 50%.
  2. 2)85% of the last month's salary subject to pension deductions if the degree of disability is 50% and below 75%.

The text of sub-paragraph (c) of paragraph (1) of Article 86 was amended pursuant to Article One of Law No. 17 dated 10/02/2017 and added as follows:

  1. 1)75% of the salary subject to pension deductions allocated to the highest grade of the rank immediately above his rank, including above-ceiling grades, if the degree of disability is 75% and above; the pension allocated to the sergeant and corporal ranks shall be calculated on the basis of the rank of sergeant, and the pension allocated to the senior specialist and officer cadet shall be calculated on the basis of the rank of second lieutenant, provided the salary of the rank above exceeds his salary by at least one grade.
  2. 2)30% of the last month's salary subject to pension deductions if the degree of disability is 20% and below 30%.
  3. 3)If the degree of disability is below 20%, he shall receive severance pay plus 100%.
  4. 4)If a volunteer, regardless of his seniority in service, is discharged because of an infirmity, illness or injury resulting from service in circumstances other than those described in paragraph 1 of this article, he shall receive a disability pension equivalent to:
  5. 5)One-third of the last month's salary subject to pension deductions if the degree of disability is 30% and below 50%.
  6. 6)Half of the last month's salary subject to pension deductions if the degree of disability is 50% and below 75%.
  7. 7)75% of the last month's salary subject to pension deductions if the degree of disability is above 75%.
  8. 8)One-quarter of the last month's salary subject to pension deductions if the degree of disability is 20% and below 30%.
  9. 9)If the degree of disability is below 20%, he shall receive severance pay plus 75%.
  10. 10)If a volunteer is discharged because of an accident or illness not attributable to service but exacerbated by it, his entitlements shall be settled as follows:
  11. 11)If he has completed 15 years in service, he shall receive a pension based on his service including 50% of the disability additions referred to in Article 80 of this Legislative Decree.
  12. 12)If he has not completed fifteen years in service, he shall receive the severance pay due to him plus an addition of 30% of that severance pay.
  13. 13)If the volunteer has completed fifteen years, he shall be retired and benefit from the additions referred to in Article 80 of this Legislative Decree according to the degree of disability.
  14. 14)If the volunteer's entitlements under paragraphs 1, 2 and 3 of this article conflict with his entitlements under paragraph 4 of this article, the more favourable entitlements shall be granted.
ARTICLE 87

Determination of Temporary Disability Pension

1 - The temporary disability pension for volunteers of all ranks shall be determined for a period of two years, renewable once after a medical examination and after reviewing the temporary disability pension at the end of each period to increase or decrease it if the disability changes by not less than 10%.

In any event, the temporary disability pension may not be increased if the increase in the degree of disability is due wholly or in part to factors external to the primary cause of disability, such as ageing, fatigue, intemperance, misconduct, etc.

  1. 1)The disability pension shall be cancelled when the degree of disability disappears or falls to a level that does not give the right to claim this pension; in such case the following measures shall be taken:
  2. 2)The amounts received by the person while in temporary disability shall be retained as an acquired right for him.
  3. 3)The competent authority may, if the conditions for fitness for military service are met, return the person to active service either by resuming the remaining period of his previous employment contract that was suspended due to his disability, or under a new contract.
  4. 4)The entitlements (pension, severance pay) of the person concerned shall be settled upon his final discharge in accordance with applicable laws on the basis of total completed service.
  5. 5)The person concerned shall be entitled, if he does not resume service, to claim severance pay or pension entitlements in accordance with applicable laws as of the date of cancellation of his temporary disability pension on the basis of his total prior service before the temporary disability period, taking into account the remaining degree of disability.
  6. 6)The time spent in temporary disability shall not be counted as active service.
  7. 7)The authority that ordered the grant of temporary disability pension shall be the one to decide on fitness to resume service for the reasons stated in paragraph 1 of this article.
ARTICLE 88

Affliction with Mental Illness, Blindness, or Paralysis

If the service member becomes insane after completing five or more years in service, he shall receive a disability pension equivalent to half of the last month's salary applicable to pension deductions plus full family allowance. Such salary shall also be received regardless of the length of service if he is afflicted, in circumstances not appropriate for service, with total paralysis, complete blindness, or a degree of visual impairment that threatens complete blindness within four years of the occurrence of the injury, or a similar condition that renders the person unable to manage his own affairs, provided these conditions are determined by the Medical Investigation Committee.

ARTICLE 89

Right to Choose the Higher Pension

If a person has the right to a temporary or permanent disability pension and his service also entitles him to a retirement pension, he shall benefit from whichever pension is greater in amount.

ARTICLE 90

Family Allowances for Retirees

Retired military personnel shall receive family burden allowances as provided for in applicable laws.

ARTICLE 91

Right to Severance Pay or Retirement Deductions

The right to severance pay or pension entitlements shall be as follows:

  1. 1)Every NCO or rank discharged from service in accordance with the provisions of paragraph 3 of Article 57 of this Legislative Decree shall be granted severance pay or pension entitlements, subject to the following provisions:
  2. 2)Pension deductions withheld from his salaries shall be refunded to him if his active service is less than ten years.
  3. 3)He shall receive severance pay if his service is ten years or more.
  4. 4)Every NCO or rank discharged from service in accordance with paragraphs 4 and 5 of Article 57 of this Legislative Decree shall receive severance pay regardless of his seniority in service.
  5. 5)Every officer discharged before acquiring the right to claim a pension shall be subject to the following provisions:
  6. 6)He shall receive severance pay:
  7. 7)- If discharged permanently from service in accordance with the provisions of Articles 51 and 53 of this Legislative Decree, except by resignation, even if he has not completed ten years in service.
  8. 8)- If he is a pilot officer and discharged at his own request, provided he has completed at least 12 years in active service, of which eight years as a licensed pilot in aerial operations.
  9. 9)- If he is a specialist officer and discharged at his own written request in accordance with applicable Army laws and regulations for a minimum period of five years.
  10. 10)He shall receive severance pay plus an addition of five thousand Lebanese pounds:
  11. 11)- A pilot officer discharged with severance pay, provided his active service has not reached 15 years and at least eighteen months have elapsed since his return from a training course abroad.
  12. 12)c -
  13. 13)The text of sub-paragraph (c) of paragraph (3) of Article 91 was amended pursuant to Article 8 of Law No. 169 dated 29/08/2011 and now reads as follows:
  14. 14)He shall receive severance pay upon resignation after completing ten years in service; upon resignation before completing ten years in service, he shall receive pension deductions.
Amended 2011
ARTICLE 92

Calculation of Severance Pay

The text of Article 92 was amended pursuant to Article One of Law No. 273 dated 11/3/1993 and now reads as follows:

  1. 1)Severance pay referred to in Article 91 and calculated in accordance with paragraph 2 of Article 79 shall be computed as follows:
  2. 2)One month's salary for each of the first ten years of service.
  3. 3)Two months' salary for each year following the tenth year up to thirty years of service.
  4. 4)Three months' salary for each year exceeding thirty years of service.
  5. 5)The additions and bonuses referred to in Article 80 shall be included in the calculation of severance pay when active service is ten years or more.
  6. 6)A volunteer discharged from service for health reasons whose active service is less than ten years shall be paid severance pay equivalent to:
  7. 7)- One month's salary for each year of active service.
  8. 8)- Two months' salary for each additional year.
Amended 1993
ARTICLE 93

Limits of Severance Pay

Severance payments from service shall be made within the limits set out in this Legislative Decree.

ARTICLE 94

Transfer of Retirement Pensions and Severance Pay to the Families of Volunteers

The text of paragraph (1) of Article 94 was amended pursuant to Article 9 of Law No. 169 dated 29/08/2011, then replaced pursuant to Article One of Law No. 17 dated 10/02/2017 and now reads as follows:

  1. 1)If a volunteer is shot dead or killed by any other weapon during an armed engagement with the enemy in time of war, or during security operations within the country in time of war and peace, or in an ordered flight or navigation mission, or during military manoeuvres, field training or other training exercises conducted, or if he dies during his disability period and pending his final discharge from the Army for health reasons and the injury he sustained in the aforementioned circumstances was the direct cause of his death, his family shall be granted a pension equal to the basic salary subject to pension deductions allocated to the highest grade of the rank immediately above his rank, including above-ceiling grades, provided the salary of the rank above exceeds his salary by at least one grade.
  2. 2)If a volunteer is killed following an assault sustained in the course of performing his duties, or while performing an altruistic act to save the life of another, his family shall be granted a pension equivalent to 75% of the pension determined pursuant to paragraph 1 of this article.
  3. 3)However, if the application of sub-paragraph (a) of paragraph four below grants better entitlements, those entitlements shall be granted.
  4. 4)If a volunteer dies as a result of an accident or service-related illness occurring in circumstances other than those specified in the two preceding paragraphs, his family shall be granted a pension equivalent to fifty percent of the pension determined in paragraph 1 of this article.
  5. 5)However, if the application of sub-paragraph (a) of paragraph four below grants better entitlements, those entitlements shall be granted.
  6. 6)If a volunteer dies as a result of an illness not attributable to service but exacerbated by it:
  7. 7)If his service is eighteen years or more:
  8. 8)His family shall receive the pension he would have been entitled to on the day following the date of his death.
  9. 9)If his service is less than eighteen years but not less than five years:
  10. 10)His family shall receive a pension equivalent to 75% of the entitlements calculated on the basis of one forty-fifth of his last month's salary before his death for each year of service including war bonuses.
  11. 11)If his service is less than five years:
  12. 12)His family shall receive severance pay plus a compensation equivalent to 100% of the severance pay.
  13. 13)If a volunteer dies as a result of an accident or illness not attributable to service:
  14. 14)If his service is eighteen years or more:
  15. 15)His family shall receive the pension he would have been entitled to on the day following the date of his death.
  16. 16)If his service is less than eighteen years:
  17. 17)His family shall receive severance pay plus a compensation equivalent to 50% of the severance pay.
  18. 18)If the NCO's or rank's active service is 18 years or more, his family shall receive the pension and shall not be entitled to replace it with severance pay.
  19. 19)The heirs of officers who die in service may request within three months of the date of death that the pension be replaced by severance pay.
  20. 20)Paragraph (8) of Article 94 was repealed pursuant to Article One of Law No. 239 dated 22/10/2012.
  21. 21)The text of paragraph 9 of Article 94 was amended pursuant to Article One of Law No. 273 dated 3/11/1993 and now reads as follows:
  22. 22)In the event of the death of one of the family members receiving a pension, or in the event of the pension being cut off from any of them for any reason, the remaining eligible family members shall receive the full pension which shall be redistributed equally among them.
  23. 23)The provisions of this article shall apply as of the date of entry into force of this Legislative Decree to unmarried volunteers and to the families of volunteers who were martyred or died after 12/6/1959.

1. The text of sub-paragraph (b) of Article 3 of Legislative Decree No. 594 dated 8/5/1990 (issued by the government of President Michel Aoun) was repealed and replaced by the following: two months' salary for each year following the tenth year of active service regardless of their number, for documentation purposes.

ARTICLE 95

Financial Aid for Families of Deceased Volunteers

In addition to the pension, the families of volunteers referred to in Article 94 shall receive the financial grants set out below:

  1. 1)A volunteer covered by paragraph 1 or 2 of Article 94:
  2. 2)A financial grant equivalent to one year's salary including allowances supplementary to the salary of the deceased volunteer in active service.
  3. 3)His children shall be admitted to schools at State expense within the limits of appropriations allocated for this purpose in the budget.
  4. 4)A volunteer covered by Article 94-3: a financial grant equivalent to one year's salary including allowances supplementary to the salary of the deceased in active service.
  5. 5)A volunteer covered by paragraph 4 or 5 of Article 94:
  6. 6)a financial grant equivalent to one year's salary including allowances supplementary to the salary of the deceased in active service.
ARTICLE 96

Parents' Share of the Rights of a Martyr or Deceased Volunteer

Notwithstanding any other provision, the spouse of a martyr of the field of honour shall benefit from his full share of the pension or severance pay and from the mutual aid institution regardless of his financial situation. 1 - The father of a martyred deceased volunteer and the mother shall receive their share in the pension or severance pay and from the mutual aid institution regardless of their financial or family situation, if the deceased was unmarried or married without children. The following paragraph was added to paragraph 1 of Article 96 pursuant to Article 16 of Legislative Decree No. 1 dated 26/9/1984: If the unmarried person is martyred after the death of his parents, his minor or disabled siblings and unmarried sisters shall receive the share of their parents in the pension or severance pay and from the mutual aid institution. The provisions of the preceding paragraph shall apply as of 16/9/1983.

  1. 1)The father of a deceased volunteer who dies in service or in retirement and the mother shall receive their share of the pension or severance pay and from the mutual aid institution even if they have another child or children other than the deceased, provided the following conditions are all met:
  2. 2)If the deceased was unmarried or married without children.
  3. 3)If the father is unable to work.
  4. 4)If both parents are indigent.
  5. 5)A widowed mother shall receive her share if she is indigent regardless of the family situation of her deceased child.
Amended 2018Amended 1984
ARTICLE 97

Financial Aid for the Parents of a Deceased Volunteer

  1. 1)If the father of an unmarried or childless married deceased volunteer and the mother do not meet the conditions specified in Article 96 for receiving a pension or severance pay, they shall receive a financial grant to defray funeral expenses for their child, determined as follows:
  2. 2)One year's salary including allowances supplementary to the salary of the deceased in active service if the death resulted from circumstances specified in Article 94-1 of this Legislative Decree.
  3. 3)Six months' salary including allowances supplementary to the salary of the deceased in active service if the death resulted from circumstances specified in paragraphs 2 and 3 of Article 94 of this Legislative Decree.
  4. 4)Three months' salary including allowances supplementary to the salary of the deceased in active service if the death resulted from circumstances specified in paragraph 4 or 5 of Article 94 of this Legislative Decree.
  5. 5)The grants specified in this article shall be paid to whoever meets the funeral expenses, whether the father or the mother; if the father or mother are unable to receive the grant, it shall be paid to the closest relative of the deceased service member who bore the funeral expenses.
ARTICLE 98

Rights of the Wife of the Deceased General/Army Commander

The wife of the late Commander of the Army who dies in active service shall be entitled, as long as she has not lost her right to a pension or severance pay, to the benefit of one military car driver or a financial compensation equivalent to a private first class soldier's salary in lieu thereof, at her choice.

ARTICLE 99

Committee for Settlement of Retirement Pensions and Severance Pay

A Pension Settlement Committee shall be constituted by decree and shall be composed of: - A commanding officer or principal general officer, as Chairman - Two officers, as Members - An official from the Ministry of Finance of the rank of department head and above, as Member - The Head of the Army Pension Office, as Member and Rapporteur

ARTICLE 112

Prohibitions on Persons Subject to Military Service Obligations

  1. 1)Every Lebanese national subject to military service obligations who cannot prove that he has fulfilled those obligations shall be prohibited from exercising the following rights:
  2. 2)Voting and standing for election to various bodies, councils and other institutions.
  3. 3)Employment in any position or work in the public and private sectors, including contractual work.
  4. 4)Practising any liberal profession.
  5. 5)Departing from Lebanese territory.
  6. 6)Enrolling in schools and universities.
  7. 7)-
  8. 8)The text of paragraph 2 of Article 112 was amended pursuant to Article 5 of Law No. 665 dated 4/2/2005 and now reads as follows:
  9. 9)A priority, the conditions of which shall be determined by decrees taken in the Council of Ministers, shall be given to conscripts who have fulfilled their military service obligations for entry into various armed forces.
  10. 10)Every Lebanese national subject to military service obligations who proves that he is legally exempted, deferred, or against whom a judicial decision was issued necessitating his failure to comply, shall be exempted from the provisions of paragraph 1 of this article.

1. See Decree No. 3778 dated 13/7/1993 on determining cases of statutory exemption and deferral from military service obligations. See also Law No. 245 dated 7/12/1993 on the final exemption from military service in exchange for payment.

ARTICLE 113

Laws Applicable to the Conscript Throughout His Active Service

All laws, regulations and instructions applicable to volunteers pursuant to this Legislative Decree shall apply to conscripts throughout their active service period.

ARTICLE 144

Subjecting Reserve Personnel to Laws Applicable to Volunteers

Called-up reservists shall be subject, in accordance with the duration of their call-up, to all laws, regulations and instructions applicable to volunteers.

ARTICLE 145

Jurisdiction of Military Courts

Military courts shall hear disputes arising from the application of Article 146 of this Legislative Decree.

ARTICLE 146

Punishment of Defaulting Reserve Personnel

A reservist who fails to respond to the call-up to report to the designated post within a period exceeding 48 hours shall be considered a defaulter and shall be punished by the penalty provided for in Article 107 of the Military Justice Law.

Subsection 4

Assignments

ARTICLE 49

Permitted Assignments

  1. 1)The duration of command positions and career postings shall be limited to three years, extendable by one year exceptionally. Army Command shall observe this principle in the assignments it issues.
  2. 2)The following shall be exempted from the provisions of paragraph 1 of this article:
  3. 3)The Commander of the Army (General).
  4. 4)The Chief of Staff.
  5. 5)c -
  6. 6)The text of sub-paragraph c of paragraph 2 was replaced pursuant to Article 13 of Legislative Decree No. 1 dated 26/9/1984 by the following text:
  7. 7)Members of the Military Council, specialists, artists and technicians whose categories are determined by decision of the Minister of National Defence.
  8. 8)A military office may not be combined with any ministerial post; if an officer is assigned to a ministerial post, he may retain the right to return to his position after the end of his ministerial term.
  9. 9)Assignments to and from the Secretariat-General of the Supreme Defence Council, the Inspectorate-General, the Directorate-General of Administrative Control and the Military Office at the Minister of National Defence shall be decided by the Minister upon the proposal of the Commander of the Army. Assignments to other military posts shall be made by decision of the Commander of the Army concerned with the approval of Army General Staff, except those provided for in Article 27 - paragraph d - of this Legislative Decree.
  10. 10)Assignments to and from the Secretariat-General of the Supreme Defence Council shall be subject to the approval of the Vice-Chairman of the Supreme Defence Council.

1. The numbering in paragraph (9) of Article 6 was corrected to read 6, 7, 8 and 9 of Article 51 instead of 8, 9, 10 and 11 of Article 51, pursuant to the sole article of Law No. 184 dated 10/05/2011, for documentation purposes.

ARTICLE 100

Determination of Administrative and Financial Procedures of the Ministry of National Defence

The manner and procedures for completing the administrative and financial transactions pertaining to the Ministry of National Defence shall be determined by decree taken in the Council of Ministers, observing the principles and procedures provided for in applicable State laws and regulations.

ARTICLE 114

Conscript's Allowances

A conscript shall receive during his service period a fixed symbolic monthly allowance determined by decree taken in the Council of Ministers; the conditions of accommodation, housing and clothing shall be determined in the same manner. The Commander of the Army may grant additional allowances as work incentives during conscripts' civil or security services within the limits of available appropriations, not exceeding 50% of the fixed symbolic monthly allowance mentioned above.

ARTICLE 115

Rights and Services of the Conscript

A conscript shall personally benefit during his service period from all the rights and services available to volunteers, with the exception of salary.

ARTICLE 116

Competitions and Examinations

A conscript may sit for competitions or examinations conducted by public administrations and institutions, independent agencies, municipalities or private institutions during his service period.

ARTICLE 117

Status of the Employee or Worker Performing Military Service

  1. 1)The salary or wages of a civil servant or employee called up for military service shall be suspended immediately upon his separation from his post or work.
  2. 2)A civil servant or employee shall be reinstated immediately upon his discharge to the post or work he held before performing military service, and the period he spent in military service shall be counted towards seniority in rank and salary; if the employer delays his reinstatement or resumption of work, he shall be entitled to salary or wages from the date of his discharge, provided his situation is finally settled in accordance with the provisions of Article 126 of this Legislative Decree.
  3. 3)A conscript may, at his request upon completing military service, be reinstated in active service as a volunteer at the same rank under conditions determined by Army Command; in such case the period of his military service shall be counted.
ARTICLE 118

Conscript Not Wishing to Return to His Previous Post

A conscript who does not wish to return to his previous post or work must inform his military superiors of this at least forty-five days before the date of his discharge, so that the employer may be notified at least thirty days before the date of discharge.

ARTICLE 119

Conscript's Resignation from His Previous Post

A discharged conscript who does not return to his previous place of work within fifteen days of the date of his discharge shall be deemed to have resigned unless there are force majeure circumstances, to be assessed by: - The Civil Service Board if he was a civil servant, employee, worker or contractor in other public sector administrations and institutions. - Military courts if he was employed in the private sector.

The entitlements of the discharged person deemed to have resigned from his previous post or work shall be settled in accordance with applicable laws and regulations.

ARTICLE 120

Conscript Exposed to an Injury or Accident

If a conscript sustains an injury or accident during his service, the provisions of this Legislative Decree applicable to volunteers of equivalent rank shall apply to him, on the basis of that volunteer's salary.

ARTICLE 121

Employer's Refusal to Reinstate the Conscript to His Previous Post

In the event that an employer refuses to reinstate a conscript in his previous employment, the latter shall be entitled, in addition to his rights under applicable laws — excluding the compensation specified in sub-paragraph (a) of Article 50 as amended of the Labour Law — to a special compensation of not less than one full year's salary or wages on the basis of the salary or wages he was receiving at the date of his call-up for military service, as damages, if he is still physically fit for work. If the conscript was working in the public sector before his call-up, he shall be reinstated by operation of law in his work after the end of his service period in accordance with the provisions of paragraph 2 of Article 117 of this Legislative Decree, and the period of his military service shall count as actual service in the post he held at the time of his call-up.

ARTICLE 147

Entitlement to Rights Applicable to Volunteers

Reservists called up for service for a period exceeding one month, as well as their dependant family members, shall benefit during that period from the rights applicable to volunteers as specified in Article 68 of this Legislative Decree.

ARTICLE 148

Conscript Reserve Serviceman's Voluntary Enlistment in Active Service

- Reserve conscripts shall be entitled, during their reserve period, to request enlistment in active service at the rank they hold, provided they sit a competency examination the procedures and conditions of which shall be determined by decision of the Commander of the Army. They shall be enlisted at that rank in accordance with the procedures applicable to volunteers pursuant to this Legislative Decree. As for the reservists referred to in paragraph 3 of Article 130 of this Legislative Decree who are called up for service for a period exceeding one year and are subsequently discharged, they shall be entitled to receive severance pay equivalent to two months' salary for each year of service, calculated on the basis of the last basic salary they received.

Subsection 5

Situations of Volunteers

ARTICLE 50

The Officer's Rank Is His Own

An officer's rank belongs to him; he shall not lose it nor shall it be stripped from him except in cases provided for by law.

ARTICLE 51

Statuses of the Officer

An officer shall be in one of the following situations:

  1. 1)Active service: the situation of an officer performing his duties, or on sick leave at home or in hospital, or on authorised leave, annual leave, a mission or as a prisoner of war.
  2. 2)Suspension from service: the situation of an officer removed from his duties temporarily or permanently for a disciplinary reason.
  3. 3)Disability: an officer shall be considered in a state of disability when he is unable to perform his duties for health reasons pursuant to a decision of the Medical Investigation Committee; disability may be temporary or permanent.
  4. 4)Resignation: the officer's separation from service upon his written request and acceptance of his resignation by decree.
  5. 5)5 -
  6. 6)The text of paragraph (5) of Article 51 was amended pursuant to Article 7 of Law No. 169 dated 29/08/2011 and now reads as follows:
  7. 7)Retirement: an officer shall be considered retired:
  8. 8)Upon his discharge from service at his own request after completing at least twenty years in service, including the period spent in temporary disability.
  9. 9)Upon his mandatory discharge upon reaching the statutory age limit, provided his service is not less than twenty years.
  10. 10)This amendment shall apply to active service situations always as set out in this Legislative Decree.
  11. 11)Paragraphs 6 and 7 were added to Article 51 pursuant to Article One of Law No. 641 dated 02/06/1997, then paragraph 7 was repealed pursuant to Article One of Law No. 217 dated 29/05/2000, provided that those in active service on 01/06/2000 who were entered on promotion lists for the year 2000 continued to benefit from the provisions of the amended Article 7.
  12. 12)Then paragraph 6 was repealed and the following provisions were added to the same article pursuant to Article 7 of Law No. 169 dated 29/08/2011 as follows:
  13. 13)- 6 - Upon completing four years in his rank, a brigadier general shall be entitled, once only, to submit a written resignation request during the month of January for those reaching the said seniority on 1/1 and during the month of July for those reaching it on 1/7; he shall then be retired and his entitlements settled on the basis of his salary at the rank of major general had he remained in service until the age of fifty-eight, plus two grades, provided he is below the age of fifty-six at the time of exercising this right.
  14. 14)- 7 - If a colonel is not promoted to a higher rank after his first, second or third nomination, he shall be entitled to submit a written resignation request during the month of January for those nominated on 1/1 and during the month of July for those nominated on 1/7; he shall then be retired at the higher rank after promotion thereto and at the grade he is entitled to in that rank, notwithstanding any other provision and regardless of the period of active service completed.
  15. 15)- 8 - If a lieutenant colonel is not promoted to a higher rank after his first, second or third nomination, he shall be entitled to submit a written resignation request during the month of January for those nominated on 1/1 and during the month of July for those nominated on 1/7; he shall then be retired at the higher rank after promotion thereto and at the grade he is entitled to in that rank, notwithstanding any other provision and regardless of the period of active service completed.
  16. 16)- 9 - If a major is not promoted to a higher rank after his third nomination, he shall be entitled to submit a written resignation request during the month of January; he shall then be retired at the higher rank after promotion thereto and at the grade he is entitled to in that rank, notwithstanding any other provision and regardless of the period of active service completed. Officers appointed directly as specialist officers who have not completed fifteen years in active service shall be exempted from the provisions of this paragraph.
  17. 17)- 10 - The counting of the number of promotion nominations for the rank above for officers covered by paragraphs 7, 8 and 9 of this article shall begin after the date of entry into force of this law.
  18. 18)- 11 - If a colonel, lieutenant colonel or major fails to exercise the rights provided for in paragraphs 7, 8 and 9 of this article, he shall continue in his rank until the end of his service and shall forfeit the right to nomination for promotion and also to promotion to a higher rank.
  19. 19)- 12 - Exceptionally, within one month of the date of publication of this law, brigadier generals in active service not covered by Law No. 217 dated 29/05/2000, as well as colonels and lieutenant colonels in active service, may submit their resignations and be retired regardless of their period of service, and their entitlements shall be settled as follows:
  20. 20)- Brigadier generals: entitlements shall be settled on the basis of the salary each of them would have been entitled to had he remained in service until the age of fifty-eight, plus four grades, not exceeding the eleventh grade in that rank.
  21. 21)- Colonels: entitlements shall be settled on the basis of the higher rank after promotion thereto as follows:
  22. 22)- Those with up to two years seniority in rank shall receive the grade due to them upon promotion plus one additional grade.
  23. 23)- Those with more than two years and up to four years seniority in rank shall receive the grade due to them plus two additional grades.
  24. 24)- Those with more than four years seniority in rank shall receive the grade due to them plus three additional grades.
  25. 25)- Lieutenant colonels: entitlements shall be settled on the basis of the higher rank after promotion thereto as follows:
  26. 26)- Those with up to two years seniority in rank shall receive the grade due to them upon promotion plus one additional grade.
  27. 27)- Those with more than two years and up to three years seniority in rank shall receive the grade due to them plus two additional grades.
  28. 28)- Those with more than three years seniority in rank shall receive the grade due to them plus three additional grades.
  29. 29)- The provisions of the paragraphs above of paragraph 12 shall benefit all officers whose names were entered on promotion lists during the year of issuance of this law and for the same year, in accordance with the rank to which they were nominated.

1. Article 2 of Law No. 641 dated 6/2/1997 provided as follows: «Exceptionally, and for one time only, brigadier generals and colonels in active service regardless of their seniority in rank are permitted to benefit from this law until 12/12/1997».

2. The text of paragraph 7 repealed by Law No. 217/2000: «A brigadier general may apply for resignation from the Army; if accepted, he shall be retired and his entitlements settled on the basis of the rank of major general in active service until age fifty-nine, except for the position referred to exclusively in this paragraph; however, he shall forfeit this right if he fails to exercise it two years before reaching the statutory age limit for the rank of brigadier general».

3. See the Constitutional Council decision dated 15/6/2000 concerning Law No. 217/2000.

Amended 1997Amended 2011
ARTICLE 52

Determination of the Officer's Status by Decree

An officer's placement in one of these situations shall be determined by decree taken upon the proposal of the Minister of National Defence.

ARTICLE 53

Statuses in Which the Officer May Be Counted in His Roster

An officer in one of the following situations: - Temporary suspension from service, - Temporary disability, shall remain counted within his establishment; the Minister of National Defence may, upon the proposal of the Commander of the Army, recall him if the interest of the service so requires or if an improvement in his conduct or health is apparent.

ARTICLE 54

Actual Age at Discharge and Settlement of Retirement Pension

  1. 1)The actual age for discharge and pension settlement shall be the age stated in the first enlistment contract based on identity documents submitted to the volunteer committee, which verified their authenticity.
  2. 2)The actual age of volunteers who were in service on 1/1/1955 shall be the age determined pursuant to the 1932 census and subsequent data, including amendments made before 1/8/1945 in cases of incomplete civil status records, provided the Ministry of National Defence adopted these amendments within a maximum period of one full year from their date of issuance; no amendment or correction shall be accepted after this date, whether issued through non-contentious or contentious proceedings.
  3. 3)Age shall be calculated from the date of the birth as stated on the civil identity card. If the date of birth is unknown, the service member shall be deemed to have been born on the first of July of his birth year.
  4. 4)For pension and severance pay settlement purposes, services rendered by volunteers while below the statutory age shall be counted if those services were completed between 2/9/1939 and 21/7/1945.
ARTICLE 55

Deferral of Discharge

A volunteer may be deferred from discharge even upon reaching the statutory age in the following cases:

  1. 1)If his disability situation has not yet been resolved; in this case he shall retain his previous status until the Health Committee's decisions are issued.
  2. 2)By decision of the Minister of National Defence based on the proposal of the Commander of the Army in cases of war, declaration of a state of emergency, or while the Army is charged with security maintenance duties.
ARTICLE 56

Discharge of Officers

Subject to the provisions of Article 55 of this Legislative Decree, an officer shall be mandatorily discharged upon reaching whichever of the following age or service limits comes first: The text relating to the rank of General was amended pursuant to the sole article of Law No. 329 dated 18/5/1994 and now reads as follows:

<table> <tr> <th>Active Service Limit</th> <th>Statutory Age Limit</th> <th>Rank</th> </tr> <tr> <td>34 years</td> <td>50</td> <td>Second Lieutenant</td> </tr> <tr> <td>35 years</td> <td>51</td> <td>First Lieutenant</td> </tr> <tr> <td>36 years</td> <td>52</td> <td>Captain</td> </tr> <tr> <td>37 years</td> <td>53</td> <td>Major</td> </tr> <tr> <td>38 years</td> <td>54</td> <td>Lieutenant Colonel</td> </tr> <tr> <td>40 years</td> <td>56</td> <td>Colonel</td> </tr> </table>

<table> <tr> <th>Service</th> <th>Age</th> <th>Service</th> <th>Age</th> <th>Service</th> <th>Age</th> </tr> <tr> <td>42 years</td> <td>58</td> <td>Brigadier General</td> <td></td> <td>43 years</td> <td>59</td> <td>Major General</td> <td></td> <td>44 years</td> <td>60</td> <td>General(1)</td> <td></td> </tr> </table>

ARTICLE 57

Discharge of Non-Commissioned Officers and Privates

Subject to the provisions of Article 55 of this Legislative Decree, non-commissioned officers and ranks shall be discharged by decision of the Commander of the Army in the following cases:

  1. 1)Mandatorily upon reaching the statutory age limit, which is:
  2. 2)For NCOs: 48 years
  3. 3)For ranks: 45 years
  4. 4)Exceptionally: upon completing the legal period entitling them to a pension, which is eighteen years.
  5. 5)This period shall be reduced to fifteen years for volunteers who are in service at the date of entry into force of this Legislative Decree if they reach the statutory age limit before completing eighteen years of service.
  6. 6)At their request: upon the expiry of their enlistment contract and their unwillingness to renew it.
  7. 7)For health reasons: if their health condition does not permit them to continue service, pursuant to a decision of the Medical Investigation Committee.
  8. 8)Upon expiry of the enlistment contract if the Commander of the Army does not approve its renewal.
  9. 9)By dismissal:
  10. 10)If a criminal judgment requiring dismissal is issued against them.
  11. 11)For disciplinary reasons by decision of the Minister of National Defence based on the opinion of the Investigation Committee in accordance with the provisions of Article 65 of this Legislative Decree.
ARTICLE 122

Amendment of Articles 117 and 118 of the Military Justice Law

Articles 117 and 118 of Law No. 24 dated 13/4/1968 (Military Justice Law) were amended and the amendment was incorporated into the body of that law.

ARTICLE 123

The content of this article was incorporated into the Military Justice Law No. 24 dated 13/4/1968.

ARTICLE 124

The content of this article was incorporated into the Military Justice Law No. 24 dated 13/4/1968.

ARTICLE 125

The content of this article was incorporated into the Military Justice Law No. 24 dated 13/4/1968.

Subsection 6

General Discipline

ARTICLE 58

Prohibited Acts

- Military personnel in active service are prohibited, under penalty of the punishments provided for in applicable laws and regulations, from:

  1. 1)Joining parties, trade unions and associations.
  2. 2)Attending political, party and trade union meetings.
  3. 3)Publishing articles, giving lectures or making statements to the media without prior authorisation issued by the Minister of National Defence.
  4. 4)Engaging in any paid work outside the Ministry of National Defence.
  5. 5)Going on strike or instigating it.
  6. 6)Organising or signing collective petitions on any matter.
  7. 7)Acts contrary to public morals and ethics.
ARTICLE 59

Rewards

Rewards shall be defined as follows:

These provisions shall apply to officers in active service holding the rank of General at the date of issuance of this law."

  1. 1)Verbal commendation
  2. 2)Written commendation
  3. 3)Reward leave
  4. 4)Financial prizes (for NCOs and ranks)
  5. 5)Decoration
  6. 6)Commendation citation
  7. 7)Granting of seniority credit for promotion pursuant to Article 47 of this Legislative Decree
  8. 8)Exceptional promotion pursuant to Articles 41 and 48 of this Legislative Decree.

1. Article One of Law No. 463 dated 12/8/1995 provided as follows: «Notwithstanding the provisions of Article 56 of Legislative Decree No. 102 dated 16/9/1983 and its amendments, in particular Law No. 329 dated 18/5/1994, the statutory age for mandatory discharge from active service for the rank of General shall be amended once only to 63 instead of 60 years».

ARTICLE 60

Leave

  1. 1)Volunteers shall be granted leave of thirty days on full pay for each year of service, extendable exceptionally to 45 days on full pay by decision of the Commander of the Army as a reward for outstanding service.
  2. 2)Volunteers shall be granted special leave on full pay of up to seven days on the occasion of the death of a parent, descendant, brother or sister, and up to four days for other family reasons.
  3. 3)Volunteers may, at their request, be granted unpaid leave for three months, renewable once, which shall constitute an interruption of service.
  4. 4)Leave may be reduced or cancelled for those whose service is unsatisfactory.
ARTICLE 61

Violation of Military Laws and Regulations

Volunteers who violate military laws and regulations shall be subject, in addition to penalties imposed by military courts, to disciplinary sanctions. A volunteer whose offence arose from his official duties shall not be prosecuted except after the issuance of authorisation to pursue him from the Minister of National Defence upon the proposal of the Commander of the Army.

ARTICLE 62

Disciplinary Penalties

* Disciplinary penalties are:

  1. 1)Procedural warning.
  2. 2)Written warning.
  3. 3)Reprimand.
  4. 4)Detention for a maximum period of fifteen days.
  5. 5)Reduction of leave.
  6. 6)Suspension for a maximum period of sixty days.
  7. 7)Suspension for a maximum period of sixty days with salary deduction.
  8. 8)Detention in barracks for a maximum period of sixty days.
  9. 9)Disciplinary transfer.
  10. 10)Dispatch to disciplinary units.
  11. 11)Deferral of promotion.
  12. 12)Removal from the promotion list.
  13. 13)Temporary suspension from service.
  14. 14)Permanent suspension from service.
  15. 15)Disciplinary retirement.
  16. 16)Reduction in rank.
  17. 17)Loss of rank.
  18. 18)Disciplinary discharge.
  19. 19)Total or partial material fine for loss or damage to equipment and matériel.
ARTICLE 63

Decree on the General Disciplinary Regulations for Volunteers

The decree on the general disciplinary system for volunteers shall observe the following provisions:

  1. 1)The penalties set out in paragraphs 11, 12, 15, 16, 17 and 18 of Article 62 above shall be imposed on NCOs and ranks by decision of the Minister of National Defence with the approval of the relevant Military Council based on the Investigation Committee report.
  2. 2)The penalties set out in paragraphs 13 to 18 of Article 62 above shall be executed against officers by decree issued upon the proposal of the relevant Minister of National Defence based on the Disciplinary Council decision.
ARTICLE 64

Deductions from Salary Due to Penalty

The value of salary deductions due to disciplinary penalties shall be credited directly to the Treasury.

ARTICLE 65

Investigation Committee

The Minister of National Defence shall, upon the proposal of the Military Council and by decision at the beginning of each year, appoint a committee of three officers named the Investigation Committee.

ARTICLE 66

Composition and Duties of the Disciplinary Council

  1. 1)The Disciplinary Council shall be constituted by decree upon the proposal of the Minister of National Defence, comprising two members of the rank of colonel and above, presided over by a general officer, with a government commissioner before it designated as the Government Commissioner to the Disciplinary Council.
  2. 2)The Disciplinary Council shall examine serious military violations for which penalties are specified in the second paragraph of Article 63 above.
  3. 3)The Disciplinary Council shall issue decisions of a judicial nature, appealable before the Military Court of Cassation within fifteen days of notification.
  4. 4)The manner of referring cases to the Disciplinary Council and the procedures before it shall be determined by decree taken in the Council of Ministers after consulting the Council of State.
ARTICLE 126

Military Courts

Military courts shall hear disputes arising from the application of the provisions of Articles 117 and 121 of this Legislative Decree relating to conscripts who were employed in the private sector.

ARTICLE 127

Application of the Social Security Law

The provisions of the Social Security Law shall continue to apply with respect to conscripts who were employed in the private sector in all matters for which no contrary provision is made in this Legislative Decree.

ARTICLE 128

Annual Determination of the Number of Conscripts

The Ministry of National Defence - Army Command shall determine annually and within available appropriations:

  1. 1)The number of conscripts to be called up for military service in light of the shortfall in strength.
  2. 2)The number of conscripts to be called up annually for civilian service in light of the needs of the relevant ministries.
  3. 3)The number of conscripts to be called up for security service in light of the plans and needs of the relevant ministries.
ARTICLE 129

Implementing Instructions for the Provisions Governing Conscripts

The Ministry of National Defence - Army Command shall determine the implementing instructions for the provisions of Part Five of this Legislative Decree, particularly with regard to the administration, equipping and training of conscripts.

Subsection 7

Training

ARTICLE 67

Types and Procedures of Training

  1. 1)The type and procedures of training within the country shall be determined by decision of the Commander of the Army through permanent instructions within the following framework:
  2. 2)Basic training for all military personnel upon enlistment.
  3. 3)Supplementary training in each specialisation.
  4. 4)The type of study and training courses abroad and the conditions of nomination and selection shall be determined by decision of the Minister of National Defence upon the proposal of the Commander of the Army in accordance with Army requirements.
  5. 5)The text of paragraph 3 of Article 67, concerning the submission of officer promotion to senior study courses abroad to a competitive examination, was repealed pursuant to Article 14 of Legislative Decree No. 1 dated 26/9/1984.
Amended 1984
Section 3

Administration and Accounting

Subsection 1

Medical Treatment and Care

ARTICLE 1

Definition of National Defence and the Armed Forces

National defence aims to strengthen the capabilities of the State and build its capacities to resist any aggression against the national territory and any attack directed against it, and to ensure the sovereignty of the State and the security of citizens. The armed forces may be employed in humanitarian and social fields provided this does not impede their primary missions. Such employment shall be determined by decree upon the proposal of the Minister of National Defence and the competent minister. The armed forces means: the Army, the Internal Security Forces, the General Security, and in general all personnel employed in public administrations, public institutions and municipalities who bear arms by virtue of their office.

ARTICLE 2

Measures Required When Exposed to Danger

  1. 1)If the homeland, or a part of its territory, or a sector of its public services, or a group of the population is exposed to danger, the following may be declared:
  2. 2)A state of total or partial alert to limit the exposure of the population and vital installations to danger, and to secure mobilisation operations and the use of the armed forces.
  3. 3)A state of general or partial mobilisation to execute all or some of the prescribed plans.
  4. 4)The said measures shall be declared by decrees taken in the Council of Ministers upon the recommendation of the Supreme Defence Council.
  5. 5)These decrees may include special provisions aimed at:
  6. 6)Imposing control over energy sources and regulating their distribution.
  7. 7)Imposing control over raw materials, industrial production and food supplies, and regulating their import, consumption, export and distribution.
  8. 8)Organising and monitoring transportation, movement, communications and telecommunications.
  9. 9)Requisitioning persons and property and imposing services on legal and natural persons; in such case the constitutional and legal provisions relating to the declaration of a state of emergency shall be observed.

1. See Decree No. 6198 dated 15/03/2020 concerning the declaration of general mobilisation to counter the spread of the coronavirus.

ARTICLE 3

Exposure of the Country to Danger

If the country is exposed to the dangers specified in Article 1 of Legislative Decree No. 52 dated 5 August 1967, a state of emergency or a military zone shall be declared and the competent authorities shall exercise the powers provided for in the said legislative decree.

ARTICLE 4

Assignment of the Army to Maintain Security in the Endangered Zone

If the State is exposed, in one or more zones, to acts detrimental to its security or interests, the Army shall be charged with maintaining security in that zone or those zones in accordance with the following provisions:

  1. 1)The assignment shall be made by decrees taken in the Council of Ministers upon the proposal of the Minister of Interior and the Minister of National Defence, for a specified period which may be extended when necessary in the same manner.
  2. 2)Upon the issuance of the decree referred to in paragraph 1 above, the Army shall assume responsibility for maintaining security and protecting the State against any act detrimental to its security or interests, and all armed forces carrying out their missions pursuant to their own laws and regulations shall be placed under the command of the Commander of the Army with the assistance of the Military Council and under the supervision of the Supreme Defence Council.
  3. 3)For the purposes of this paragraph, the armed forces means: the Army, the Internal Security Forces, the General Security, and all public sector personnel who bear arms by virtue of their office.
  4. 4)The Commander of the Army may take all measures conducive to maintaining security, in particular:
  5. 5)- Searching structures and other premises anywhere, with the approval of the competent public prosecution.
  6. 6)- Monitoring ports and vessels in territorial waters.
  7. 7)- Monitoring the entry and exit of foreigners.
  8. 8)- Prohibiting unauthorised public meetings or those of a military character.
  9. 9)- Pursuing armed security offenders and referring them to justice within five days of their arrest.
  10. 10)- Combating terrorism.
  11. 11)The measures taken shall be immediately communicated to the Supreme Defence Council, the Minister of Interior and the Minister of National Defence.
  12. 12)All armed security acts shall be referred to military courts, including review of measures taken under paragraph 3 above.
  13. 13)Any person who aids or hinders the implementation of measures taken pursuant to paragraph 3 of this article shall be punished by imprisonment from one month to one year and a fine from five hundred to ten thousand Lebanese pounds, or either of these penalties. In cases where the law provides for a more severe penalty for the offender, the rules on the concurrence of offences imposing the most severe penalty shall apply.
  14. 14)Upon the expiry of the period of application of the decree referred to in this article, the military courts shall retain jurisdiction to continue hearing cases referred to them.

1. See Law No. 89 dated 7/9/1991 which provided for an increase in the amounts of fines imposed by the courts.

Amended 1984
ARTICLE 29

Definition of Volunteer, Conscript, or Reserve Serviceman

Military personnel are volunteers and conscripts during their reserve service period, or volunteers during their call-up period: - Volunteers are officers, non-commissioned officers and ranks in active service. - Conscripts are those subject to the Compulsory Military Service Law. - Reservists are those subject to the Reserve Law.

ARTICLE 30

Voluntary Enlistment and Its Conditions

  1. 1)The enlistment of non-commissioned officers and ranks shall be accepted by decision of the Commander of the Army within the limits of vacant posts and appropriations allocated in the budget.
  2. 2)A volunteer must satisfy the following conditions:
  3. 3)Be Lebanese for at least ten years.
  4. 4)Be not less than 18 years of age upon appointment to service and not more than 25 years of age. In exceptional cases decided by the Minister of National Defence upon the proposal of the Commander of the Army, the age limit may be raised to 30 years.
  5. 5)Be physically, mentally and morally sound.
  6. 6)Have not been convicted of a felony or felony attempt of any kind, or of a dishonourable misdemeanour or attempt thereof, or of an offence carrying a sentence of more than six months; these provisions shall apply to persons who have been rehabilitated or benefited from a pardon (general or special amnesty).
  7. 7)The following offences are considered dishonourable:
  8. 8)Theft(1), fraud(2), breach of trust, embezzlement(3), bribery(4), rape, extortion(5), forgery(6), use of forged documents(7), offences against public morality as specified in Chapter Seven of the General Penal Code, issuing a cheque without adequate funds(8), false testimony(9), false oath(10), drug-related offences(11).
  9. 9)- The Minister of National Defence may, by decision upon the proposal of the Commander of the Army, impose additional conditions on enlistment applications for certain Army corps, positions and academies relating to academic qualifications.

1. For the establishment of partisan units in the Army, see Law No. 1/69 dated 1/3/1969.

ARTICLE 31

Enlistment Contract

  1. 1)Subject to the special cases provided for in this Legislative Decree, volunteers shall be assigned to the Army pursuant to an enlistment contract for a period of between three and ten years.
  2. 2)The enlistment contract shall be signed by the Commander of the Army and the applicant.
  3. 3)A volunteer shall be considered, upon signing his enlistment contract, a trainee soldier for a maximum period of one year during which military laws and regulations shall apply to him; he may not rescind his enlistment contract except for reasons approved by Army Command.
  4. 4)If a trainee soldier is not confirmed by a volunteer confirmation committee, he shall be discharged without any compensation. If the year lapses without the committee having considered his case, he shall be deemed confirmed by operation of law, and the period he spent as a trainee soldier shall count towards his service qualifying for pension rights, provided the pension deductions are repaid.
  5. 5)If the trainee soldier is injured before confirmation by an accident or illness not attributable to service, he shall be discharged after a maximum treatment period of three months. If the accident or illness arose from service, the provisions governing disability situations shall apply to him.
ARTICLE 32

Enlistment and Appointment of Specialist, Technical, and Skilled Volunteers

The numbers and grades of specialists, technicians and technical staff of the various categories, their salaries, conditions of enlistment and appointment, training, salaries and allowances, conditions of promotion, end of service, and entitlements to pension or severance pay shall be determined by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence after the recommendation of the Commander of the Army and consultation of the Council of State.

1. Regarding theft, see Article 635 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

2. Regarding fraud, see Article 655 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

3. Regarding breach of trust and embezzlement, see Article 670 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

4. Regarding bribery, see Article 351 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

5. Regarding rape and extortion, see Article 649 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

6. Regarding forgery, see Article 453 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

7. Regarding use of forged documents, see Article 454 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

8. Regarding issuing cheques without funds, see Article 666 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

9. Regarding false testimony, see Article 463 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

10. Regarding false oath, see Article 415 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

11. Regarding drug offences, see Article 127 of the Narcotics and Psychotropic Substances Law No. 673 dated 16/3/1998; regarding the danger of cultivating plants from which narcotics are derived, see Article 11 et seq. of the same law.

ARTICLE 33

Enlistment Contract for Specialist Officer Cadets

  1. 1)Notwithstanding any other provision, the enlistment contract of specialist officer-cadet students in the Air Forces shall be for a period of fifteen years, including the period of study at officer rank.
  2. 2)The Minister of National Defence may cancel the enlistment contract of the students referred to in paragraph one of this article who are found to have no interest in serving in the Air Forces, upon the proposal of the Commander of the Army.
  3. 3)The said students shall choose between their discharge from Army service or continuing service in other corps compatible with their qualifications; in the latter case the first enlistment contract shall be cancelled and a new enlistment contract shall be drawn up for them in accordance with the provisions of Article 31 of this Legislative Decree.
ARTICLE 34

Admission to Military Academies

Notwithstanding any other provision, the conditions of admission and appointment of students of military academies, including officer cadets, shall be determined, and their admission and appointment shall be effected, by decisions issued by the Minister of National Defence upon the proposal of the Commander of the Army.

ARTICLE 35

Appointment of Officers

  1. 1)Officers shall be appointed by decree issued upon the proposal of the Minister of National Defence.
  2. 2)Second lieutenants shall be appointed from among:
  3. 3)Cadets of the Military Academy who have obtained the certificate of competence for the rank of second lieutenant following their final examinations.
  4. 4)Specialists and senior specialists after passing a competency examination for the rank of second lieutenant in their specialisation.
  5. 5)Assistants and senior supervisors after passing a competency examination for the rank of second lieutenant in their specialisation, for a transitional period ending on 1 July 1984.
ARTICLE 68

Persons Entitled to Free Medical Care and Treatment

The text of Article 68 was replaced pursuant to Article 15 of Legislative Decree No. 1 dated 26/9/1984 with a new text which was amended pursuant to Article 2 of Legislative Decree No. 39 dated 23/3/1985. This text was then repealed pursuant to Article One of Law No. 24/87 dated 5/6/1987 and replaced by the following text:

  1. 1)The following shall benefit from free medical treatment and care:
  2. 2)Military personnel in active service and their families, including lawfully wedded wives who are engaged in paid employment provided they receive medical treatment costs from another source; the manner of application of this provision shall be determined by special instructions issued by the Minister of National Defence.
  3. 3)Military personnel whose permanent disability is attributed to service-related health reasons, and their dependant family members.
  4. 4)Retired military personnel entitled to a pension and their dependant family members.
  5. 5)Retired military personnel entitled to a pension who nonetheless received a severance payment, and their dependant family members.
  6. 6)Families of personnel who were killed or died during or because of service, regardless of their period of service, whose members remain dependants.
  7. 7)The text of sub-paragraph (f) of paragraph (1) of Article 68 was amended pursuant to Article One of Law No. 57 dated 27/10/2016 and now reads as follows:
  8. 8)Dependant family members of volunteers who died as a result of a non-service-related illness or accident, provided they had completed at least five years of active service.
  9. 9)Dependant family members of deceased retired military personnel.
  10. 10)In all family members referred to in sub-paragraphs «b, c, d, e, f, g» of this article, the conditions legally established for entitlement to pension must be met, excluding lawfully wedded wives engaged in paid employment provided they receive medical costs from another source.
  11. 11)The manner of application of this provision shall be determined by special instructions issued by the Minister of National Defence.
  12. 12)The Minister of Defence may, upon the proposal of the Commander of the Army, suspend free medical treatment and care on each occasion and for a maximum period of one year for any person who misuses this right.
Amended 1987Amended 2016
ARTICLE 102

Definition of Military Service

Military service is an honour and a duty that concerns every Lebanese pursuant to the provisions of this Legislative Decree and its associated regulations. Military service encompasses: - Military service - Civilian service - Security service

1. For the organisation of civilian positions in the Army, see Legislative Decree No. 34 dated 19/1/1955 and its annexes.

2. Article One of Law No. 665 dated 4/2/2005 provided for the final abolition of military service two years after the publication of that law in the Official Gazette, i.e. two years after 10/2/2005; Article 8 of the same law provided for the cessation of prosecution of those who evaded military service and the lapse of all charges and judgements against them for this reason upon the issuance of that law and their automatic rehabilitation, for documentation purposes.

ARTICLE 103

Objectives of Military Service

Military service aims to prepare citizens as combatants and employ them within the framework of national defence to perform military defence missions in the armed forces. Civilian service aims to prepare citizens and employ them to support the armed forces in all matters relating to internal and external defence, particularly in the field of civil defence and in supporting public and private sectors that facilitate the missions of the armed forces. Security service aims to prepare citizens and employ them within the framework of national defence for civic and social discipline to develop various public sectors and public-benefit private sectors both within and outside the country. The Ministry of National Defence shall undertake the task of implementing military service in its various forms in coordination with the competent State ministries.

ARTICLE 130

Definition of Reserve Personnel

Reservists are:

  1. 1)Volunteers discharged from active service who are still within the reserve period specified in Article 131 of this Legislative Decree.
  2. 2)Conscripts who completed military service and were discharged at its conclusion and are still within the reserve period specified in Article 131 of this Legislative Decree.
  3. 3)Civilians who successfully completed military orientation courses organised by Army Command and were discharged at their conclusion.
ARTICLE 131

Duration of Reserve Service

The reserve period shall be determined as follows:

  1. 1)For volunteers:
  2. 2)Officers:
  3. 3)For a period of fifteen years following their discharge from service, provided they do not exceed the age limit set for their rank plus five years.
  4. 4)NCOs and ranks:
  5. 5)For a period of fifteen years following their discharge from service, provided they do not exceed the age of fifty-five.
  6. 6)For conscripts: after the end of their service until they reach the age of forty.
  7. 7)For the civilians referred to in paragraph (3) of Article 130: until they reach the age of forty.
ARTICLE 132

Procedures and Conditions for Calling Up, Exempting, and Discharging Reserve Personnel

The procedures and conditions for the call-up and exemption of reservists, and the obligations imposed on them during their reserve period, shall be determined by decree upon the proposal of the Minister of National Defence based on the recommendation of the Commander of the Army.

ARTICLE 133

Special Procedures for Reserve Personnel Established by Army Command

Army Command shall determine the manner of administering, training, calling up and discharging reservists.

Subsection 2

Salaries and Allowances for Various Volunteer Situations

ARTICLE 5

Placing the Army at the Disposal of the President of the Republic

The Army shall be placed at the disposal of the President of the Republic, who shall exercise his powers in accordance with the provisions of the Constitution and the applicable laws. In particular Articles 6 and 7 of this Legislative Decree.

Amended 1984
ARTICLE 6

General Defence and Security Policy

The Council of Ministers shall determine the general defence and security policy, define its objectives and supervise its implementation.

Amended 1984
ARTICLE 7

The Supreme Defence Council

1 - A Supreme Defence Council shall be established, composed of: - The President of the Republic, as Chairman - The Prime Minister, as Vice-Chairman - The Minister of Defence, as Member - The Minister of Foreign Affairs, as Member - The Minister of Finance, as Member - The Minister of Interior, as Member - The Minister of Economy, as Member

  1. 1)The Chairman of the Supreme Defence Council may convene any person whose presence the nature of the Council's work requires.
  2. 2)The Secretariat-General of the Supreme Defence Council referred to in Article 10 below shall perform the secretarial functions of this Council.
  3. 3)One or more ministers may be added to the Supreme Defence Council in a working advisory capacity by decree taken in the Council of Ministers.
  4. 4)A directorate-general named the «Directorate-General of State Security» shall be established at the Supreme Defence Council, subject to the authority of the Council and attached to its Chairman and Vice-Chairman.
  5. 5)This directorate-general shall undertake the following missions:
  6. 6)First - Collecting information relating to internal State security through its own networks covering Lebanese territory, gathering external intelligence from existing agencies, verifying, analysing, classifying and preserving it or referring it to the competent authorities.
  7. 7)Second - Monitoring the activities of foreigners that affect State security and monitoring the relations of citizens with foreign entities insofar as they relate to State security.
  8. 8)Third - Combating espionage and hostile activity in all its forms.
  9. 9)Fourth - Conducting preliminary investigations into acts that affect internal and external State security, through a single female director and deputy directors-general from the core staff and the officers attached to it and the non-commissioned officers appointed by the Vice-Chairman of the Supreme Defence Council, who shall perform their duties as auxiliary judicial officers assisting the appellate public prosecutor acting as government commissioner before the military court, in accordance with applicable laws.
  10. 10)Fifth - Coordinating with other competent security agencies in the Directorate-General of General Security, the Internal Security Forces, the Intelligence Directorate and associated Army units with regard to intelligence and information exchange.
  11. 11)Sixth - Proposing analytical reports to brief the Supreme Defence Council on the security and political situation, proposing appropriate recommendations to confront internal and external dangers, and continuously briefing the Chairman and Vice-Chairman of the Supreme Defence Council on the security and political situation.
  12. 12)The Director-General of State Security shall be appointed by decree taken in the Council of Ministers upon the proposal of the Prime Minister from among officers of the armed forces of the rank of colonel and above, or from among civil servants of the top three grades of the first category, or from among Lebanese nationals outside the establishment who hold university degrees.
Amended 1984Amended 1984Amended 1985Amended 2000
ARTICLE 8

Decisions and Powers of the Supreme Defence Council

  1. 1)The Supreme Defence Council shall determine the procedures necessary to implement the defence policy as defined by the Council of Ministers; the resolutions of the Supreme Defence Council shall remain confidential. The Council shall attach particular importance to defence mobilisation, which addresses the following fundamental issues:
  2. 2)Military service and compulsory conscription.
  3. 3)Educational mobilisation.
  4. 4)Mobilisation of economic activity in its agricultural, industrial, financial and commercial branches.
  5. 5)Mobilisation of health and medical activities.
  6. 6)General mobilisation of the State and citizens, particularly civil defence.
  7. 7)Mobilisation of guidance and awareness activities.
  8. 8)The Supreme Defence Council shall distribute defence tasks among the ministries and relevant bodies, issue the necessary directives and instructions regarding them, and follow up on their implementation.
  9. 9)It shall also determine the manpower and equipment plan drawn up for these tasks.
Amended 1984
ARTICLE 9

Meetings of the Supreme Defence Council

  1. 1)The Supreme Defence Council shall be convened by its Chairman, or upon the request of at least two-thirds of its members.
  2. 2)The Chairman of the Council shall submit to deliberation and appropriate decision the matters that necessitated convening the Council.
Amended 1984
ARTICLE 10

Powers of the Deputy President of the Supreme Defence Council

  1. 1)The Vice-Chairman of the Supreme Defence Council shall be responsible for overseeing the implementation of the Council's resolutions.
  2. 2)A Secretariat-General of the Supreme Defence Council shall be directly attached to and obligated to the Vice-Chairman to carry out his duties; it shall:
  3. 3)Collect information from the competent departments.
  4. 4)Prepare the files assigned to it and the studies submitted to the Supreme Defence Council.
  5. 5)Communicate the resolutions of the Supreme Defence Council to the relevant administrations.
  6. 6)Inform the Supreme Defence Council of the progress of implementation of the decisions taken.
  7. 7)The staff establishment of the Secretariat-General of the Supreme Defence Council, conditions of appointment, working procedures, and powers and responsibilities of its personnel shall be determined by decree taken in the Council of Ministers after consulting the opinion of the Council of State.
  8. 8)The Secretariat-General of the Supreme Defence Council shall be headed by a major officer accredited to the General Staff from among Army officers in active service who may not be placed in reserve, appointed by decree taken in the Council of Ministers upon a joint proposal of the Prime Minister and the Minister of National Defence.
Amended 2011
ARTICLE 11

Each Minister's Responsibility for His Ministry

Each minister shall be considered responsible for the defence and security duties emanating from his ministry, and shall take the necessary measures regarding them and oversee their implementation.

ARTICLE 12

The Minister of Interior

The responsibility for maintaining internal security rests with the Minister of Interior, subject to the provisions of special laws. The Ministry of National Defence may be tasked by decree taken in the Council of Ministers with providing military equipment to civil defence administrations under the Ministry of Interior.

ARTICLE 13

Military Zone

The boundaries of governorates shall be considered the boundaries of military zones. The military zone within the meaning of Legislative Decree No. 52 dated 5 August 1967 is the part of the territory in which war is declared or which is designated pursuant to the said legislative decree.

ARTICLE 14

Defence Sectors

Defence sectors shall be designated and their number and missions determined by special instructions issued by Army Command in accordance with defence plans.

ARTICLE 36

Hierarchy of Privates and Non-Commissioned Officers

  1. 1)Ranks: private - senior private - corporal - senior corporal.
  2. 2)Non-commissioned officers: sergeant - senior sergeant - assistant - senior assistant - specialist - senior specialist.
ARTICLE 37

Right of Command for Non-Commissioned Officers and Privates

  1. 1)Each NCO shall have the right of command over those of lower rank; if ranks are equal, command belongs to the more senior; if seniority in rank is equal, command belongs to the one with greater seniority in the previous rank; and if seniority in promotion to senior corporal is equal, command belongs to the one with greater seniority in promotion to corporal.
  2. 2)A corporal shall have the right of command over senior privates, privates and corporals who are junior to him in promotion; if seniority in promotion to corporal is equal, command belongs to the one more senior in promotion to senior private, otherwise command shall be determined by service.
  3. 3)When rank is equal between reservists and volunteers, command belongs to the one with greater seniority in active service in his rank.
ARTICLE 38

Hierarchy of Officers

The chain of officer ranks shall be defined as follows:

  1. 1)Junior officers: second lieutenant - first lieutenant - captain.
  2. 2)Field officers: major - lieutenant colonel - colonel.
  3. 3)General officers: brigadier general - major general - general. The rank of general is reserved exclusively for the Commander of the Army.
ARTICLE 39

Right of Command for Officers

  1. 1)Each officer shall have the right of command over those of lower rank.
  2. 2)When ranks are equal, precedence belongs to the more senior in rank; if seniority in rank is equal, the order of names on the promotion decree for that rank shall be followed.
  3. 3)When rank and seniority are equal between regular officers and reserve officers called up to resume service, command belongs to the officer with greater seniority in active service in his rank.
ARTICLE 69

Determination of the Method of Paying Salaries, Allowances and Supplements

1 - Volunteers' salaries are determined by applicable laws. Allowances of all kinds shall be determined by decree taken in the Council of Ministers. 2 - The method of payment, settlement of salaries, allowances and bonuses shall be determined by instructions issued by the Minister of National Defence upon the proposal of the Commander of the Army.

ARTICLE 70

Active Service

A volunteer shall receive full salary, allowances and supplementary payments.

1. See Decree No. 12961 dated 6/5/1963 on the determination of military salaries and equipment, Decree No. 10326 dated 23/5/1975 on correcting certain provisions relating to officers' salaries in the Army, and Decree No. 7286 dated 2/2/1974 on the determination of the salary scale for NCOs and ranks in the Army.

2. See Decree No. 5397 dated 9/9/1982 on various military allowances.

ARTICLE 71

Convalescence

A volunteer shall receive active service salary for a maximum period of three months.

ARTICLE 72

Incapacity

  1. 1)Temporary disability: for a period of one year renewable for one more year:
  2. 2)Disability attributable to service: the volunteer shall receive full active service salary and all supplementary allowances and payments.
  3. 3)Disability not attributable to service: the volunteer shall receive half salary and full supplementary allowances and payments.
  4. 4)This salary shall be subject to pension deductions on the full salary and to income tax and stamp deductions on the salary actually received.
  5. 5)Permanent disability: the volunteer's pension rights or severance pay shall be settled in accordance with the provisions of this Legislative Decree.
ARTICLE 73

Absence from Service (Officers Only)

1 - Temporary suspension from service (for a maximum period of six months). The officer shall receive one-third of salary and full supplementary allowances and payments; this salary shall not be subject to pension deductions but shall be subject to income tax and stamp deductions. 2 - Permanent suspension from service: the officer's pension rights or severance pay shall be settled in accordance with the provisions of this Legislative Decree.

ARTICLE 74

Absence Without Leave

The text of Article 74 was replaced pursuant to Article One of Law No. 90 dated 14/6/1999 by the following text:

  1. 1)Authorised absence: absence shall be considered authorised if caused by force majeure for a maximum period of one year, during which salaries shall be paid to the entitled person; thereafter the status of the person concerned shall be determined by decree upon the proposal of the Minister of National Defence.
  2. 2)Unauthorised absence: the volunteer's salary shall be suspended with effect from the first of the month following the absence until the date of return, if no return occurs.
ARTICLE 75

Missing in Action

If a volunteer goes missing during or because of service and his news is cut off such that it is unknown whether he is alive or dead, the entitled person shall receive the full attendance salary for a period of sixty months. This period may be renewed by decree upon the proposal of the Minister of National Defence up to a maximum of ten years. The following paragraph was added to the text of Article 75 pursuant to Article 4 of Law No. 434 dated 15/5/1995: The period during which the missing volunteer receives the attendance salary pursuant to the provisions of the two preceding paragraphs shall be considered active service; the missing volunteer shall subsequently be retired and his entitlements settled for his legal heirs in accordance with applicable laws. All military personnel who reached the maximum period in a missing situation before this law entered into force shall benefit from the provisions of the above paragraph.

Amended 1995
ARTICLE 76

Resignation

A volunteer shall receive severance pay or pension entitlement; if he is not entitled to either, he shall recover the pension contributions deducted from his salaries.

ARTICLE 78

A volunteer shall receive his entitlements in accordance with the provisions of this Legislative Decree.

ARTICLE 78.2

Allowances During a State of Emergency or War

In the event of a declaration of a state of emergency or war, a volunteer shall be paid an allowance equivalent to one month's salary and all supplementary allowances and payments:

  1. 1)Each time a state of general emergency or a state of war is declared; this paragraph shall apply to all volunteers present in active service on Lebanese territory.
  2. 2)Each time a state of partial emergency is declared in a particular zone, the allowance shall be paid to the volunteer present in that zone.
  3. 3)The same allowance shall be paid to reservists who resume service after one month has elapsed since their resumption of service.
  4. 4)The same allowance shall be paid to civilians and conscripts attached to the Ministry of National Defence who are held at their posts due to operational necessity.
ARTICLE 104

Conditions for Military Service

Lebanese nationals who are male shall be subject to military service upon completing their eighteenth year of age; Lebanese nationals who are female shall be subject to this service upon call-up by decree taken in the Council of Ministers, which shall specify the conditions and fields of their employment.

ARTICLE 105

Duration of Military Service

The text of the first paragraph of Article 105 was replaced pursuant to Article 2 of Law No. 665 dated 2/4/2005. The text of paragraph 2 of Article 105 was amended pursuant to Article 2 of Law No. 665 dated 2/4/2005 and now reads as follows: The duration of military service shall be reduced to six months pending the final abolition provided for in Article One of this law. - Every person who has actually performed military service, civilian service or security service shall be deemed to have fulfilled the military service obligation and shall accordingly acquire the status of a reserve conscript. - Conscripts shall be classified as officers, non-commissioned officers or ranks in accordance with conditions determined by the Ministry of National Defence - Army Command. The following paragraph was added to the text of Article 105 pursuant to Article 3 of Law No. 665 dated 2/4/2005: Conscripts who wish to extend their service after the end of their statutory service period may, in accordance with Army Command's needs, have their service extended for a period not exceeding five years at the rank they held, during which they shall receive a monthly allowance equivalent to the first-grade salary of a conscript at their rank; all legal provisions governing conscripts shall apply to them throughout their service period. A conscript who has extended his service shall be entitled to terminate his service at the end of any year of extension.

Amended 2005
ARTICLE 106

Registers with Specific Information Compiled by Army Command

The Ministry of Interior - Directorate-General of Civil Status - shall send to the Ministry of National Defence - Army Command - in the first month of each year, lists containing the information specified by the Ministry of National Defence - Army Command.

ARTICLE 107

Procedures for Calling Up and Notifying Persons Subject to Military Service

  1. 1)The Ministry of National Defence - Army Command shall be responsible for calling up those subject to military service and informing them of the conditions of such service through various media.
  2. 2)Those residing outside Lebanese territory shall be notified through the Ministry of Foreign Affairs and Emigrants in accordance with lists organised by Army Command.
  3. 3)Every Lebanese national residing on Lebanese territory who has completed his eighteenth year of age and has not received a military service call-up notice must present himself within three months of reaching that age to the agencies competent in military service affairs in the Army in the zone where he permanently resides, to receive the call-up notice and declare his place of residence; he shall not be considered a defaulter.
  4. 4)Every Lebanese national subject to military service obligations who wishes to leave Lebanese territory to reside abroad for one year or more must notify, before his departure, the Ministry of National Defence – Army Command and the Directorate-General of General Security, and upon arrival in his destination country, the consular office responsible for him.
  5. 5)Consular offices and embassies shall provide the Ministry of National Defence – Army Command with the addresses of the persons concerned.
ARTICLE 108

Deferral or Exemption from Military Service

  1. 1)The cases in which a Lebanese national is automatically exempted from military service, and the cases in which his call-up for military service may be deferred, shall be determined by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence.
  2. 2)A Lebanese national who submits a request demonstrating fulfilment of the conditions specified for this purpose in the decree referred to in paragraph 1 of this article may be finally or temporarily exempted from military service by decision of the Commander of the Army.
ARTICLE 109

Procedures for Deferring the Call-Up for Military Service

The text of the first paragraph of Article 109 was amended pursuant to Article 4 of Law No. 665 dated 4/2/2005 and now reads as follows: The call-up of citizens for military service shall be deferred for one renewable year within the conditions referred to in paragraph /1/ of Article 108 above, at least until he completes his thirty-third year of age, upon which he must perform his service. He may be finally exempted from military service by decision of the Commander of the Army in cases determined by the implementing instructions of this Legislative Decree.

Amended 2005
ARTICLE 110

Submission of Requests for Exemption and Deferral

Requests for exemption and deferral shall be submitted by the persons concerned to the Ministry of National Defence – Army Command.

ARTICLE 111

Cancellation of Deferral or Exemption from Military Service

Deferral or exemption shall be cancelled by decision of the Commander of the Army upon the request of the person concerned.

ARTICLE 134

Conditions for Promotion of Reserve Personnel

Reservists shall be promoted under the same conditions applicable to volunteers and conscripts, provided they:

  1. 1)Complete in active service and in the reserve the seniority required for each rank.
  2. 2)Have attended the training periods prescribed for them.
  3. 3)Pass the training courses qualifying them for promotion.
ARTICLE 135

Exceptional Promotion

Reservists shall not be promoted after reaching the statutory age limit specified in Articles 56 and 57 of this Legislative Decree. Exceptional promotion is permitted if the conditions specified in Articles 41 and 48 of this Legislative Decree are met.

ARTICLE 136

Rights of Reserve Personnel

Reservists in civilian life shall not receive any salaries or allowances except for entitlements legally determined for them.

1. For the organisation of calling up reservists for service in the Army, see Decree No. 2354/4/10 dated 1992.

ARTICLE 137

Training of Reserve Personnel

Reservists called up for training periods and phases shall benefit from the same rights as volunteers, with the exception of salary and supplementary allowances, if the training does not exceed one month. If the training period exceeds one month, they shall also benefit from a monthly allowance equivalent to the salary and supplementary allowances applicable to their rank.

ARTICLE 138

Salaries and Allowances for Reserve Personnel

The text of Article 138 was replaced pursuant to Article 17 of Legislative Decree No. 1 dated 26/9/1984 with the following text: Reservists called up pursuant to this Legislative Decree who are called up for a period exceeding two months shall benefit from the difference between the salaries and supplementary allowances applicable to their rank and their pension. If they received severance pay instead of a pension, they shall benefit from the difference between the salaries and supplementary allowances applicable to their rank and the pension calculated on the basis of the service for which the severance pay was paid.

ARTICLE 139

Calculation of Reserve Personnel Service

Services rendered by reservists called up pursuant to this Legislative Decree shall not count for the purpose of revising the pension and severance pay unless the period of call-up exceeds one year, continuous or intermittent; in that case they shall benefit from bonuses and additions for the period of their service.

ARTICLE 140

Positions of Reserve Personnel

Reservists working in public administrations and institutions, independent agencies and municipalities called up pursuant to this Legislative Decree shall have their posts preserved and shall return to them or to similar posts in the same competent administration.

ARTICLE 141

Extension of Reserve Call-Up Beyond One Month

If a reservist is called up for a period not exceeding one month and he is employed by a natural or legal person, that person shall be obliged to pay his wages and reinstate him in his previous work. If the period exceeds one month, the natural or legal person shall be obliged to reinstate the reservist in his previous work or in similar work, provided the said period does not exceed one year, at which point the reservist's entitlements shall be settled in accordance with applicable laws.

ARTICLE 142

Transfer Allowance for Reserve Personnel

The State shall bear the transportation allowances of reservists called up who are outside the country pursuant to prior authorisation from Army Command.

ARTICLE 143

Allowance Equivalent to a Reserve Serviceman's Salary

Reservists called up at least twice in the same year for periods each not exceeding one month shall benefit from a compensation equivalent to the monthly salary applicable to their rank including supplementary allowances. This compensation shall be paid at the end of the year during which the call-ups occurred; it may be cancelled or reduced by decision of the Commander of the Army for disciplinary, conduct or competence reasons to ensure the duties of the rank are fulfilled.

Subsection 3

Pensions and Severance Pay

ARTICLE 15

The Ministry of National Defence

The Ministry of National Defence, with all its institutions, shall be subject to the authority of the Minister of National Defence, who shall be responsible for the execution of all its duties.

Amended 1984
ARTICLE 16

Composition of the Ministry of National Defence

The Ministry of National Defence shall be composed of the following principal institutions: - The Army. - The Directorate-General of Administration. - The Inspectorate-General. - The Military Council.

Amended 1984
ARTICLE 17

Composition of the Military Chamber Established at the Ministry of National Defence

1 - A Military Office shall be established at the Minister of National Defence, headed by an officer of the rank of colonel and above, comprising: - A Secretariat. - An Administrative Control Department, which shall:

  1. 1)Monitor the legality of administrative acts in the Ministry of National Defence.
  2. 2)Exercise the permitted control authority over credit accounting and public works.
  3. 3)- A Public Relations and Information Department.
  4. 4)- A Department of Lebanese Military Attachés Abroad.
  5. 5)- A Legal Affairs and Military Justice Department.
  6. 6)- A Department of Veterans.
  7. 7)The Head of the Military Office shall be appointed by decree upon the proposal of the Minister of National Defence after consulting the opinion of the Commander of the Army.
  8. 8)The staff establishment of the Military Office, conditions of appointment, working procedures, and powers and responsibilities of its personnel shall be determined by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence.
  9. 9)Military judges shall be appointed by decision of the Minister of National Defence upon the proposal of the Military Council.

1. The staff establishment of the Military Office at the Ministry of National Defence, conditions of appointment, working procedures, and powers and responsibilities of its personnel were determined pursuant to Decree No. 2788 dated 14/3/1980.

Amended 1984
ARTICLE 18

Composition and Command of the Army

1 - The Army shall comprise ground, air and naval forces organised under the command of the Commander of the Army. The Army shall be composed of: - Army Command. - Ground Forces. - Air Forces. - Naval Forces. - Military Academies. Army Command: Army Command shall be composed of: - The Commander of the Army. - The General Staff. The General Staff shall be subject to the direct authority of the Commander of the Army and shall be composed of: - The Chief of Staff. - Deputy Chiefs of Staff. Directorates, advisory bodies, resources and specialised agencies.

1. For the general organisation of the Army, its establishment, operating procedures, and powers and responsibilities of commanders and superiors, see: Decree No. 3771 dated 22/1/1981.

2. For the powers and responsibilities of the Commander of the Air Forces, see Article 34 of Decree No. 3771 dated 22/1/1981.

3. For the powers and responsibilities of the Commander of the Naval Forces, see Article 35 of Decree No. 3771 dated 22/1/1981.

Amended 1984
ARTICLE 19

Appointment of the Army Commander

The Commander of the Army shall be appointed by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence, from among general officers accredited to the General Staff who may not be placed in reserve. The Commander of the Army shall hold the rank of General, and such rank shall be designated the Commander of the Army's rank; he shall be directly attached to the Minister of National Defence.

ARTICLE 20

Duties of the Army Commander

The Commander of the Army shall be responsible for preparing the Army for its assigned missions, raising its combat readiness and commanding military operations, which requires: - Executing voluntary and compulsory enlistment. - Organising units and formations, defining their missions and management. - Executing alert and mobilisation operations upon their declaration. - Preparing plans, combat orders and logistical programmes. - Anticipating Army needs, maintaining equipment levels and completing procurement after receipt from the General Administration. - Commanding military operations. - Commanding security operations when the Army is charged with security maintenance duties. The Intelligence Directorate shall be attached to the Commander of the Army, except in matters of military security where it shall be attached to the Chief of Staff; it shall provide the Prime Minister and Vice-Chairman of the Supreme Defence Council with all information.

1. For the direct attachment of the Intelligence Directorate, the Guidance Directorate and the Documentation and Studies Centre to the Commander of the Army, see Articles 3, 4, 5 and 5 bis of Decree No. 3771 dated 22/1/1981 on the general organisation of the Army.

ARTICLE 21

Appointment of the Chief of Staff and Deputy Chiefs of Staff

The Chief of Staff shall be appointed by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence after consulting the opinion of the Commander of the Army, from among general officers accredited to the General Staff who may not be placed in reserve. The Chief of Staff shall deputise for the Commander of the Army in his absence and shall exercise his duties and powers throughout the period of his absence. Deputy Chiefs of Staff shall be appointed by decree upon the proposal of the Minister of National Defence with the recommendation of the Commander of the Army after consulting the opinion of the Chief of Staff, from among officers of the rank of colonel and above who may not be placed in reserve.

1. For an expanded treatment of the powers and responsibilities of Deputy Chiefs of Staff, see Articles 11 et seq. of Decree No. 3771 dated 22/1/1981 on the general organisation of the Army.

Amended 2011
ARTICLE 22

Duties of the Chief of Staff

The Chief of Staff shall assist the Commander of the Army in fulfilling his responsibilities and executing his duties by controlling the work of the General Staff departments, coordinating among them and assessing the combat readiness of the Army, which requires: - Expressing opinions on matters submitted to the Commander of the Army for appropriate decisions. - Overseeing the implementation of decisions taken. - Supervising the Army's readiness in terms of equipment and personnel. - Proposing methods and means to help develop the work of the General Staff and improve service levels for combat units. - Supervising manpower, preparation and reserve affairs. In operational situations determined by decree taken in the Council of Ministers, the Chief of Staff may refer to the Supreme Defence Council through the Minister of National Defence in the event of a divergence of views between him and the Commander of the Army.

1. For an expanded treatment of the powers and responsibilities of the Chief of Staff, see Articles 7 et seq. of Decree No. 3771 dated 22/1/1981 on the general organisation of the Army.

ARTICLE 23

Appointment of the Director-General of Administration and His Duties

1 - Appointment of the Director-General of Administration: The Director-General of Administration shall be appointed by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence, from among general officers accredited to the General Staff or Administration (register) who may not be placed in reserve. The Director-General shall be directly attached to the Minister of National Defence. 2 - Duties of the Director-General of Administration: First - Subject to the provisions of the Public Accounting Law and the powers of the Minister of National Defence and the Military Council as set forth in this Legislative Decree, the Director-General of Administration shall take the legal and regulatory measures and procedures to secure the Army's various needs and required services, to prepare the budget and monitor its execution, to monitor the use of funds of institutions attached to the Army establishment, and to manage the canteen institutions referred to in this article. Second - The working procedures between Army Command and the Directorate-General of Administration shall be determined by instructions issued by the Minister of National Defence upon the proposal of the Military Council. 3 - The Directorate-General of Administration shall be composed of: the Secretariat, the Supply Service, the Strength Service, the Engineering Service, the Geography Service, the Health Service, the Finance Service, and canteen institutions (the Economic Institution, the Officers' Mutual Aid Institution, the NCOs and Ranks Mutual Aid Institution, and the Civilian Employees Mutual Aid Institution).

1. The staff establishment of the Directorate-General of Administration at the Ministry of Defence, conditions of appointment, working procedures, and powers and responsibilities of its personnel were determined pursuant to Decree No. 3119 dated 14/6/1980.

Amended 2011
ARTICLE 24

Appointment of the Inspector-General and His Duties

1 - Appointment of the Inspector-General: The Inspector-General shall be appointed by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence, from among general officers accredited to the General Staff who may not be placed in reserve. The Inspector-General shall be directly attached to the Minister of National Defence.

  1. 1)Duties of the Inspector-General:
  2. 2)The Inspector-General shall be responsible for inspecting all institutions and departments of the Ministry of National Defence, and shall: verify the application of laws and regulations and the implementation of orders and instructions; and submit necessary proposals for the proper conduct of work in the various capacities of the Army, the Directorate-General of Administration and their activities.
  3. 3)The working procedures between Army Command and the Inspectorate-General shall be determined by instructions issued by the Minister of National Defence upon the proposal of the Military Council.
Amended 2011
ARTICLE 25

Composition of the General Inspectorate

The Inspectorate-General shall be composed of: - A Secretariat. - An Inspectorate of Education, Manpower and Sports. - An Inspectorate of Arms covering the use of all types. - A Health Inspectorate. - An Administrative Inspectorate for Personnel, Mutual Aid and Finance.

1. The staff establishment of the Inspectorate-General at the Ministry of National Defence, conditions of appointment, working procedures, and powers and responsibilities of its personnel were determined pursuant to Decree No. 2790 dated 14/3/1980.

ARTICLE 26

Composition of the Military Council

1 - The Military Council shall be composed of: - The Commander of the Army, as Chairman - The Chief of Staff, as Vice-Chairman - The Director-General of Administration, as Member - The Inspector-General, as Member - The Secretary-General of the Supreme Defence Council, as Member - A general officer appointed by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence after consulting the opinion of the Commander of the Army, as Member

  1. 1)The Chairman of the Council may invite any person he deems appropriate to attend Council meetings.
  2. 2)A secretariat called «the Secretariat of the Military Council» shall be established at the Military Council; its staff establishment shall be determined by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence.

1. The staff establishment of the Secretariat of the Military Council at the Ministry of National Defence, conditions of appointment, working procedures, and powers and responsibilities of its personnel were determined pursuant to Decree No. 2789 dated 14/3/1980.

Amended 1992
ARTICLE 27

Powers of the Military Council

  1. 1)The Military Council shall approve:
  2. 2)The organisation of all principal institutions of the Ministry of National Defence.
  3. 3)The assignments of regional commanders, corps, regiments and commanders of air and naval forces and military academy commanders and their equivalents, which shall be issued by decree.
  4. 4)The assignments of directors, branch chiefs and unit commanders in the Army establishment upon the proposal of the Commander of the Army.
  5. 5)The suspension of officers of the rank of colonel and above for a period exceeding one month.
  6. 6)The promotion of officers to the rank of captain and above; such promotions shall be issued by decrees upon the proposal of the Minister of National Defence.
  7. 7)The award of decorations to officers by decrees upon the proposal of the heads of principal institutions.
  8. 8)The withdrawal of decorations.
  9. 9)The Military Council shall also approve: conditions of admission of civilians to military academies and conditions of appointment therein; the establishment and organisation of military academies; the referral of officers to the Disciplinary Council; the secondment of military personnel to attend training courses abroad; categories and specifications of equipment, weapons and matériel; lists of candidates for the Military Academy and lists of graduates; the preparation of promotion lists for the rank of captain and above; the appointment of heads of study and intelligence committees; and the appointment of liquidators and officers charged with signing expenditure contracts.
  10. 10)The Military Council shall establish permanent instructions for the proper conduct of work in the principal institutions and manpower and equipment schedules.
  11. 11)The Military Council shall give its opinion on contracts at their various stages and shall examine special specifications.
  12. 12)The Military Council shall submit its recommendations to the Minister of National Defence regarding budget proposals, defence determination and the designation of military attachés.
ARTICLE 28

Meetings of the Military Council

The Military Council shall meet periodically in accordance with a schedule determined by its Chairman by decision at the beginning of each year. The Council may also meet exceptionally upon the request of the Minister of National Defence, or a convocation by the Chairman of the Military Council, or a request from half its members. A meeting of the Council shall not be valid unless five members are present. The resolutions of the Military Council shall be adopted by majority; in the event of a tie, the Chairman's vote shall be the casting vote. The Chief of Staff shall chair the Military Council in the event of the Chairman's absence. The deliberations and resolutions of the Military Council shall be strictly confidential.

ARTICLE 40

Definition of Promotion

Promotion is the transition from one rank to a higher rank.

ARTICLE 41

Promotion of Non-Commissioned Officers and Privates

  1. 1)A private may not be promoted to senior private before completing one year in service, and the proportion of senior privates must not exceed 25% of the total strength of privates and senior privates.
  2. 2)Promotion to the rank of corporal may not take place until two years in service have been completed.
  3. 3)A corporal may not be promoted to senior corporal unless he has completed one year in service in the rank of corporal, and the proportion of senior corporals must not exceed 25% of the total strength of corporals and senior corporals.
  4. 4)Promotion from sergeant to senior specialist may not take place unless the candidate has spent two years in the preceding rank, provided that seniority in service as corporal and corporal, or sergeant or sergeant together, is counted for promotion to the rank of sergeant.
  5. 5)5 -
  6. 6)The text of paragraph 5 of Article 41 was amended pursuant to Article 11 of Legislative Decree No. 1 dated 26/9/1984, substituting «Army Command» for «Military Council»:
  7. 7)Promotion of NCOs and ranks may only be effected for those who have fulfilled the legal conditions specified in a special regulation issued by decision of the Military Council.
  8. 8)Direct superiors shall draw up nomination lists for the promotion of NCOs and ranks, which shall be submitted through the chain of command to the Commander of the Army for decision.
  9. 9)The promotion of NCOs and ranks shall be by selection and decided by the Commander of the Army.
  10. 10)Students of the Military Academy and students of the NCO School shall be exempted from the provisions of this article and shall be subject for the purposes of promotion to the special regulations of each of these schools.
  11. 11)9 -
  12. 12)And replaced by the following text:
  13. 13)- NCOs and ranks may not be promoted after reaching the statutory age limit for their rank.
  14. 14)- While retaining their seniority qualifying for promotion, NCOs and ranks may be promoted exceptionally, contrary to promotion conditions and even during extended service, if it is established that they performed distinguished acts during combat operations, security operations or armed internal engagements, by decision of the Minister of National Defence upon the proposal of the Commander of the Army and with the approval of the Military Council.
  15. 15)The text of the third sub-paragraph of paragraph (9) of Article 41 was amended pursuant to Article One of Law No. 17 dated 10/2/2017 and now reads as follows:
  16. 16)Notwithstanding any other provision, the NCO or rank who is killed or martyred in any of the circumstances mentioned above, or in the course of an ordered flight or navigation mission, or who is killed or dies as defined in paragraph 1 of Article 94, shall be promoted to the next higher rank provided he did not benefit from a promotion for distinguished acts under the same circumstances; the deceased shall be deemed to have been promoted to the rank to which he was promoted, by decision of the Minister of National Defence upon the proposal of the Commander of the Army and with the approval of the Military Council.
  17. 17)- If the martyred NCO or rank was already on a study list for a higher rank before the date of his martyrdom, he shall be promoted to that rank by decision of the Minister of National Defence upon the proposal of the Commander of the Army and with the approval of the Military Council before applying the above provisions.
  18. 18)- If the martyred NCO holds the rank of senior specialist, he shall be promoted to the rank of second lieutenant and his entitlements shall be settled on the basis of the salary due in that rank.
  19. 19)A senior specialist shall be exceptionally promoted to the rank of second lieutenant when any of the conditions set out in paragraph 9 above are met, in accordance with the officer promotion procedures.
  20. 20)NCOs and ranks may not be promoted after retirement upon reaching the statutory age limit except when called up to complete service and upon performing outstanding acts of bravery, in which case they shall be exempted from the statutory age limit for the new rank.
  21. 21)The extended-service NCO (first year - second year - third year) who is killed or dies in any of the circumstances specified in paragraph 1 of Article 94 of the National Defence Law shall be promoted to the rank of «sergeant», by decision of the Minister of National Defence upon the proposal of the Commander of the Army and with the approval of the Military Council, and the effects of paragraph 1 of Article 94 of the National Defence Law shall apply to him.
Amended 1990Amended 2017Amended 2017
ARTICLE 42

Promotion of Officers

1 - The text of paragraph (1) of Article 42 was amended pursuant to Article One of Law No. 742 dated 15/5/2006 and now reads as follows: Officers shall be promoted within the limits of vacant posts and within the appropriations allocated in the budget, provided the candidate's name has been entered on the promotion list. As for the Military Academy and other military schools in Lebanon or abroad, the promotion of officer cadets therein shall be governed by decision of the Minister of National Defence upon the proposal of the Commander of the Army, provided promotion in these schools does not exceed the rank of senior specialist and the officer cadet has successfully completed the third year of study if it exceeds three years, including those spent at the Military Academy.

  1. 1)Seniority in the rank of second lieutenant shall be counted for promotion purposes and for the receipt of the salary difference on account of the period spent at the rank of senior first assistant in accordance with the conditions of paragraph 1 of this article. The period spent in reviewing annual studies after promotion to senior specialist rank shall not count for seniority in the rank of second lieutenant or for receipt of the salary difference.
  2. 2)The candidate's seniority in rank and service, his qualifications, general and professional competence and the assessment of his superiors shall be taken into account in selecting him for promotion.
  3. 3)The promotion of officers shall be issued by decree upon the proposal of the Minister of National Defence.
  4. 4)The names of candidates shall be entered on the promotion list in order of their seniority in rank, and promotions shall be effected in accordance with the order of this list. However, preference may be given when ordering names on the promotion list to those who have distinguished themselves through their service.
ARTICLE 43

Promotion of a Second Lieutenant to First Lieutenant

A second lieutenant shall be promoted to first lieutenant: - By selection after three years in the rank. - By seniority after four years in the rank.

ARTICLE 44

Promotion to the Rank of Captain and Above

The text of Article 44 was amended pursuant to Article 3 of Law No. 135 dated 14/4/1992 and now reads as follows:

  1. 1)Promotion to the rank of captain, colonel or major general shall be by selection after the candidate has spent at least four years in the rank immediately below it.
  2. 2)Promotion to the rank of major, lieutenant colonel or colonel shall be by selection after the candidate has spent at least five years in the rank immediately below it.

Article 45 The text of Article 45 concerning promotion from the rank of captain to major and from lieutenant colonel to colonel was repealed pursuant to Article 12 of Legislative Decree No. 1 dated 26/7/1984.

Amended 1992
ARTICLE 45

The text of Article 45 concerning promotion from the rank of captain to major and from lieutenant colonel to colonel was repealed pursuant to Article 12 of Legislative Decree No. 1 dated 26/9/1984.

ARTICLE 46

Determination of the Proportion of Officers Promoted from the Ranks

The proportion of officers promoted from the ranks relative to the total officers listed in the Army establishment referred to in Article 21 of this Legislative Decree shall be determined by decree upon the proposal of the Minister of National Defence with the recommendation of the Commander of the Army.

ARTICLE 47

Granting Seniority for Promotion

  1. 1)An officer may be granted a seniority credit for promotion of between approximately three and six months for distinguished acts performed during combat operations, security operations or armed internal engagements.
  2. 2)The seniority credit for promotion shall be granted by decree upon the proposal of the Minister of National Defence based on the recommendation of the Commander of the Army and the approval of the Military Council.
ARTICLE 48

Procedures for Promoting Officers

  1. 1)Officers shall be nominated for promotion once a year during the month of November. The nomination list must include all officers who have fulfilled the conditions for nomination.
  2. 2)The text of paragraph (2) of Article 48 was amended pursuant to Article 6 of Law No. 169 dated 29/08/2011 and now reads as follows:
  3. 3)Students of the Military Academy and other specialist and technical schools, as well as second lieutenants nominated for promotion to first lieutenant and officers nominated for the rank of major general, shall be exempted from the provisions of paragraph (1) of this article; the promotion of students to the rank of second lieutenant shall be governed by the procedures specified in their academy regulations, and to first lieutenant in accordance with the provisions of Article 43 of this Legislative Decree.
  4. 4)Before the first of December of each year, the Commander of the Army shall submit to the Minister of National Defence draft decisions for entering officers up to the rank of colonel on the promotion list.
  5. 5)The Minister of National Defence shall issue and publish during the month of December of each year a decision entering officers up to the rank of colonel on the promotion list based on the draft proposals referred to in paragraph 2 of Article 27 of this Decree.
  6. 6)The text of paragraph (5) of Article 48 was amended pursuant to Article 6 of Law No. 169 dated 29/08/2011 and now reads as follows:
  7. 7)The Minister of National Defence shall issue and publish during the month of December of each year a decision entering officers for the rank of colonel on the promotion list based on the proposals referred to in paragraph 2-2 of Article 27 of this Legislative Decree.
  8. 8)The organisation of the Army, its establishment, working procedures, and powers and responsibilities of commanders and superiors shall be issued by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence and after consulting the opinion of the Commander of the Army and the Council of State.
  9. 9)Army regulations and permanent instructions not provided for in this Legislative Decree shall be issued by decisions of the Minister of National Defence upon the proposal of the Commander of the Army and with the approval of the Military Council.
  10. 10)The text of paragraph (6) of Article 48 was amended pursuant to Article 6 of Law No. 169 dated 29/08/2011 and now reads as follows:
  11. 11)Decrees promoting officers from the lowest rank up to brigadier general shall be issued on the first of January and the first of July of each year; officers' names shall be arranged in these decrees in accordance with military seniority, taking into account the provisions of paragraph (5) of Article (42) of this Legislative Decree.
  12. 12)Officers may not be promoted after retirement upon reaching the statutory age limit except when called up to complete service and upon performing outstanding acts of bravery; in such case they shall be exempted from the statutory age limit for the new rank.
  13. 13)New text was added to paragraph (8) of Article 48 pursuant to Article 3 of Legislative Decree No. 604 dated 22/05/1990, then this text was entirely amended pursuant to Article 6 of Law No. 169 dated 29/08/2011 and Article One of Law No. 17 dated 02/10/2017 and now reads as follows:
  14. 14)Notwithstanding any other provision, an officer who is martyred during security operations or armed internal engagements, or in the event of an ordered flight or navigation, or who is killed or dies as defined in paragraph 1 of Article 94, shall be promoted to the next higher rank and shall be deemed martyred in the rank to which he was promoted.
  15. 15)If he was already entered on the promotion list for a higher rank before the date of his martyrdom, he may be promoted to that rank after the required minimum period before applying the provisions of the first part of this paragraph.
  16. 16)If the martyred officer holds the lowest rank, his entitlements shall be settled on the basis of the salary allocated for the highest grade in his rank.
  17. 17)If an officer dies without having exercised the right granted to him under paragraphs 6, 7, 8 and 9 of Article (51) of this Legislative Decree in accordance with the seniority and hierarchy attached thereto in those paragraphs, he may be retired at the higher rank after his promotion thereto and at the grade he would have been entitled to in that rank, notwithstanding any other provision and regardless of the period of active service he completed.
  18. 18)If an officer who is entered on the promotion list for a higher rank dies, he shall be promoted to that rank at the grade he would be entitled to therein, and his entitlements shall be settled in accordance with applicable laws.
  19. 19)The cadet officer (first year - second year - third year) who is killed or dies in any of the circumstances specified in paragraph 1 of Article 94 of the National Defence Law shall be promoted to the rank of second lieutenant, and the effects of paragraph 1 of Article 94 of the National Defence Law shall apply to him.

1. Article 21 of this Legislative Decree, before its amendment, provided as follows:

2. Pursuant to Article 4 of Law No. 135 dated 14/4/1992: «Decisions regarding those entitled during the remainder of the year 1992 referred to in paragraphs 3-5 of Article 48 of Legislative Decree No. 102 dated 16/9/1983 shall be issued before 30/6/1992 at the latest», for documentation purposes.

3. The phrase «...from each decision registering officers...» was corrected to read «...from each year a decision registering officers...» pursuant to a correction of a typographical error published in Official Gazette No. 43 dated 15/09/2011, for documentation purposes.

Amended 2011Amended 2011Amended 2017
ARTICLE 79

Calculation of Retirement Pension

The text of Article 79 was amended pursuant to Article One of Law No. 273 dated 11/3/1993, Article 4 of Law No. 718 dated 11/5/1998, the sole article of Law No. 2 dated 20/2/1999, Law No. 173 dated 14/2/2000 and Law No. 309 dated 03/04/2001 and now reads as follows:

  1. 1)The pension shall be settled on the basis of one quarter of the last monthly salary, calculated in accordance with the provisions of paragraph 2 below, multiplied by the number of years of service up to a maximum of forty years; the volunteer or the family of a volunteer who dies in service shall also receive, in addition, a severance payment equivalent to three months' salary for each year exceeding forty years.
  2. 2)For the purposes of calculating the pension and severance pay, one twenty-fourth of the value of the last grade in active service shall be added to the last basic monthly salary received by the volunteer at the date of termination of his service or at the date of his death, multiplied by the number of months the volunteer spent in service after his last increment.
  3. 3)- The result shall be multiplied by 85% (eighty-five percent).
  4. 4)The provisions of paragraphs 1 and 2 above shall apply to Articles 86, 88 and 94 of the aforementioned Legislative Decree.
  5. 5)The following paragraph was added at the end of the text of Article 79 pursuant to the sole article of Law No. 2 dated 20/2/1999, then this paragraph was amended pursuant to Law No. 309 dated 03/04/2001 and now reads as follows:
  6. 6)For the purposes of calculating the pension and severance pay for military personnel whose service ended during the years 1995, 1996, 1997, 1998, 1999 and 2000, the provisions of this law applicable to their counterparts whose service ended after 1/1/1999 shall apply to them, including the conversion of salaries and the new bases for calculating pension and severance pay, and their entitlements shall be re-settled on this basis.
  7. 7)The following paragraph was added to the text of Article 79 pursuant to Article 21 of Law No. 173 dated 14/2/2000:
  8. 8)The pension and severance pay calculated pursuant to the paragraphs of this article must not fall below the pension and severance pay calculated pursuant to previously applicable laws.

1. See Law No. 161 dated 13/8/1992 on amending certain provisions of the pension and discharge from service system.

2. Law No. 2/1999 was published in Official Gazette No. 9 dated 25/2/1999.

3. For the settlement of pensions and severance pay for institutions attached to the Ministry of National Defence, see Decree No. 172 dated 10/6/1989.

4. The provisions of this law referred to are the provisions of Law No. 718 dated 11/5/1998.

5. This amendment was published in Official Gazette No. 51 dated 12/11/1998.

Amended 1993Amended 1999Amended 2000
ARTICLE 80

Elements of Retirement Pension and Severance Pay

  1. 1)The following elements shall be included in calculating pension or severance pay: number of years of active service, bonuses and additions.
  2. 2)The bonuses added to years of active service are:
  3. 3)Double the period of active service completed in an operational combat zone in time of war, or during first-degree security operations in time of war and peace.
  4. 4)Double the period of active service completed outside an operational combat zone in time of war, and during second-degree security operations in time of peace and war.
  5. 5)Half the period of active service completed on the front lines during a truce, or during third-degree security operations in time of peace and war.
  6. 6)An addition equivalent to three days for each hour of military flight for aviators and pilots, provided the total of these additions does not exceed 18 months per calendar year; only half shall be counted upon receipt of severance pay.
  7. 7)The additions referred to in sub-paragraph «d» shall be counted in full for pension settlement purposes within the maximum limit provided for in Article 82 of this Legislative Decree; only half shall be counted upon receipt of severance pay.
  8. 8)An addition equivalent to three months for each year of active peacetime service aboard a naval vessel in Lebanon or abroad.
  9. 9)An addition for specialist officers equivalent to the number of years of university study completed at their own expense.
  10. 10)An addition for specialist physicians equivalent to the number of years of university and specialist study completed at their own expense.
  11. 11)Disability additions: granted to those who have acquired the right to a pension if it is established at the time of their retirement that they are suffering from a disability resulting from injuries or service-related illnesses or retired on account of them; these additions are calculated as follows:
  12. 12)- One year if the degree of disability is ten percent and below twenty percent.
  13. 13)- Two years if the degree of disability is 20% and below 40%.
  14. 14)- Three years if the degree of disability is 40% and below 60%.
  15. 15)- Four years if the degree of disability is 60% and below 70%.
  16. 16)- Five years if the degree of disability is 70% and below 80%.
  17. 17)- Six years if the degree of disability is 80% and below 90%.
  18. 18)- Seven years if the degree of disability is 90% and above.
  19. 19)The bonuses and additions referred to in paragraph 2 of this article shall not entitle the person concerned to a pension if he has not completed the minimum service period specified in this Legislative Decree in active service, but they shall be included in the calculation of severance pay, with the exception of the additions referred to in sub-paragraphs f, g and h, which are only included in the pension calculation.
  20. 20)Bonuses and additions shall be calculated in months; fractions of a month shall not be counted after aggregating bonuses and additions with active service; nor shall bonuses and additions exceeding 24 months per year of active service be counted.
  21. 21)The zones, circumstances and situations conferring the right to war bonuses shall be determined by decree issued upon the proposal of the Minister of National Defence.

1. The reference in this article is to Article 4 of Law No. 718/1998 which amended Article 79 of Legislative Decree No. 102/1983 (National Defence Law), i.e. the new amended text of Article 79, for documentation purposes.

2. Several decrees were issued determining the war bonuses granted to military personnel.

ARTICLE 81

Aggregation of Previous Service

  1. 1)For the purposes of pension and salary grade, service rendered in any of the armies and military formations listed below shall be credited to every Lebanese service member who was under arms on 10/2/1950; the relevant military formations and armies are:
  2. 2)The Gendarmerie and other military formations that were under the States covered by the French mandate.
  3. 3)Formations of the allied conventional armies during the war of 1939-1945.
  4. 4)- Such service shall only be counted if pension deductions were paid for it and if the service member was under arms on 20/6/1963.
  5. 5)- These pension deductions shall be calculated on the basis of the salaries of the Eastern Armies; war additions accrued during this period shall be counted in calculating the pension and severance pay.
  6. 6)If a retired person is reinstated in active service, he may request that his prior services be included in his pension or severance pay calculation, provided he submits a request to that effect within three months from the date of his return to service and reimburses the Treasury for amounts received pursuant to this Legislative Decree as follows:
  7. 7)By deducting 15% from his salary for pension contributions if called up to resume service as a reservist.
  8. 8)In a lump sum or in monthly instalments over the period of his new enlistment contract if he resumed service thereunder.
  9. 9)If he is subsequently discharged, the following measures shall be taken:
  10. 10)If discharged for non-service-related health reasons or at his own request before fully repaying the instalments, he shall receive severance pay instead of pension and the outstanding balance shall be deducted therefrom.
  11. 11)If dismissed before fully repaying the instalments, half the instalments paid shall be refunded to him and his entitlements settled on the basis of his new period of service.
  12. 12)If discharged for service-related health reasons and he receives a pension, the 15% deduction shall be applied to his pension until fully paid; if he receives severance pay, the outstanding balance shall be deducted therefrom.
  13. 13)If he dies during service for any reason, the provisions of sub-paragraph (c) of paragraph 3 of this article shall apply to his heirs.
ARTICLE 82

Maximum Limits of Retirement Pension

1 - The text of paragraph 1 of Article 82 was repealed pursuant to Article 3 of Law No. 273 dated 11/3/1993. h (1) - A volunteer whose service exceeds forty years, including war bonuses, shall receive, in addition to the pension to which he is entitled, a severance payment equivalent to two months' salary subject to pension deductions for each year exceeding this limit, whether in active service or bonuses. - A volunteer and the family of a volunteer who dies in service for any reason, whose service exceeds forty years including war bonuses, shall receive, in addition to the pension to which they are entitled, a severance payment equivalent to two months' salary subject to pension deductions for each year exceeding this limit, whether in active service or bonuses; the provisions of this paragraph shall apply as of the date of entry into force of this Legislative Decree, and to families of service members pursuant to the provisions of Article 94-1 and 2 of Legislative Decree No. 102 dated 16/9/1983 (National Defence) and its amendments as of 1/1/1989. If the disability additions referred to in sub-paragraph (h) of Article 80 of this Legislative Decree are included in calculating the service of the volunteer, he shall only be entitled to the severance payment referred to above for each year exceeding forty-five years, whether in active service or bonuses and additions. 2 - Officers holding the rank of General, whether already retired or to be retired in the future, shall enjoy the rights set out in the following table: The table annexed to Article 82 was replaced pursuant to Article One of Law No. 43/1988 dated 24/6/1988 by the table annexed to that law, then replaced pursuant to Article 5 of Law No. 718 dated 11/5/1998 by Table No. 7 annexed to that law, which reads as follows:

<table> <tr> <th>Rank</th> <th>Equipment Allowance</th> <th>Rank Allowance</th> </tr> <tr><td>General</td><td>100%</td><td></td></tr> <tr><td>Major General</td><td>100%</td><td></td></tr> <tr><td>Brigadier General</td><td>100%</td><td></td></tr> <tr><td>Colonel</td><td>100%</td><td></td></tr> <tr><td>Lieutenant Colonel</td><td>100%</td><td></td></tr> <tr><td>Major</td><td>100%</td><td></td></tr> <tr><td>Captain</td><td>100%</td><td></td></tr> <tr><td>First Lieutenant</td><td>100%</td><td></td></tr> <tr><td>Second Lieutenant</td><td>100%</td><td></td></tr> </table>

  1. 1)Paragraph 2 above shall apply as of the date of entry into force of this Legislative Decree and shall have no retroactive effect.
  2. 2)The entitlements of officers benefiting from the provisions of paragraph 2 above shall be determined by the Pension Settlement Committee and allocated to them in accordance with applicable procedures for allocating pensions.
  3. 3)An officer who previously held the post of Army Commander and who was a minister while in active service shall benefit from the entitlements determined by this Legislative Decree for the rank of General.
  4. 4)- 90% of the value of these entitlements shall be allocated to the family members of a martyred officer.
  5. 5)- 50% of the value of these entitlements shall be allocated to the family members of an officer who dies in service or in retirement.
  6. 6)- The entitlements of those benefiting from these allocations shall be determined by the Pension Settlement Committee, allocated to them and deducted therefrom in accordance with applicable pension allocation procedures, taking into account the provisions of Article 94-9 of this Legislative Decree.
  7. 7)- The provisions of this paragraph shall apply to prior cases of death and martyrdom without any retroactive effect.
  8. 8)Subject to the provisions of Article 98 of this Legislative Decree, the entitlements specified in the table referred to in paragraph «a» above shall be transferred to the entitled family members of the beneficiary upon the replacement of the driver and escort with the corresponding monetary allowance determined for them, in the proportions specified for each case as follows:
  9. 9)- 90% of the value of these entitlements for the family members of an officer martyred in service or who dies in service or in retirement.
  10. 10)- 75% of the value of these entitlements for the family members of an officer who dies in service or in retirement.
  11. 11)- The entitlements of those benefiting from these allocations shall be determined by the Pension Settlement Committee, allocated to them and deducted therefrom in accordance with applicable pension allocation procedures, taking into account the provisions of Article 94-9 of this Legislative Decree.
  12. 12)- The provisions of this paragraph shall apply to prior cases of death and martyrdom without any retroactive effect.

1. The text of the first passage of sub-paragraph (h) of Article 82 was repealed pursuant to Article One of Legislative Decree No. 621 dated 6/6/1990 (issued by the government of President Michel Aoun) and replaced by the following text:

2. Pursuant to Article One of Legislative Decree No. 594 dated 8/5/1990 (issued by the government of President Michel Aoun) and not published in the Official Gazette, paragraph 5 was added to Article 82.

Amended 1993Amended 1992
ARTICLE 83

Amendment of Retirement Pension

  1. 1)A pension may not be revised unless the retired person renders new services for a period of at least one year, continuous or intermittent; the periods of compulsory training to which reservists are called shall not be included in this period if the period ended thirty continuous days.
  2. 2)The pension shall not be added to the active service salary or its equivalent except for reservists upon their call-up and within the limits of Articles 137 and 138 of this Legislative Decree.
  3. 3)The pension of a volunteer retired after 1/7/1974 must not be less than the pension of a volunteer who retired before that date and benefited from the provisions of Law No. 40/64 dated 12/12/1964, if the latter had equal or greater seniority in service and rank.
ARTICLE 84

Right to Choose Between Retirement Pension and Severance Pay

  1. 1)Every officer discharged after acquiring the right to claim a pension, and who has completed at least twenty-five years in active service, shall have the right within one month of the date of his discharge to request that this pension be replaced by the severance pay provided for in Article 91 of this Legislative Decree.
  2. 2)Every non-officer volunteer discharged after acquiring the right to claim a pension shall have that pension allocated to him; he shall not be entitled to request that it be replaced by severance pay unless he is retired upon reaching the statutory age limit.
  3. 3)A volunteer who joins State institutions after his discharge shall not be entitled to severance pay or a pension; instead, the period he spent at the Ministry of National Defence shall be added to his subsequent State service.
ARTICLE 85

Types of Disability Pension

  1. 1)A disability pension shall be allocated to those who are permanently retired for health reasons resulting from service-related illnesses or injuries.
  2. 2)The disability pension shall be:
  3. 3)Temporary when the cause is incurable and the degree of disability is subject to increase or decrease.
  4. 4)Permanent when the cause is incurable and the degree of disability has been definitively determined within four years of the date of discharge.
ARTICLE 86

Settlement of Disability Pension and Severance Pay for Volunteers Discharged for Health Reasons

Disability pensions and severance pay for volunteers who are permanently discharged for health reasons shall be settled according to the degree of disability as follows: The text of the first passage before sub-paragraph (a) of Article 86 was amended pursuant to Article One of Law No. 17 dated 02/10/2017 and now reads as follows: 1 - If a volunteer, regardless of his seniority in service, is discharged because of an infirmity, illness or injury sustained in any of the following circumstances: - During an armed engagement with an enemy, armed gangs or groups disturbing security. - As a result of an assault suffered in the course of performing his duties. - While performing an altruistic act to save the life of another. - During military manoeuvres, field training or other training exercises conducted.

He shall receive a disability pension equivalent to:

  1. 1)60% of the last month's salary subject to pension deductions if the degree of disability is 30% and below 50%.
  2. 2)85% of the last month's salary subject to pension deductions if the degree of disability is 50% and below 75%.

The text of sub-paragraph (c) of paragraph (1) of Article 86 was amended pursuant to Article One of Law No. 17 dated 10/02/2017 and added as follows:

  1. 1)75% of the salary subject to pension deductions allocated to the highest grade of the rank immediately above his rank, including above-ceiling grades, if the degree of disability is 75% and above; the pension allocated to the sergeant and corporal ranks shall be calculated on the basis of the rank of sergeant, and the pension allocated to the senior specialist and officer cadet shall be calculated on the basis of the rank of second lieutenant, provided the salary of the rank above exceeds his salary by at least one grade.
  2. 2)30% of the last month's salary subject to pension deductions if the degree of disability is 20% and below 30%.
  3. 3)If the degree of disability is below 20%, he shall receive severance pay plus 100%.
  4. 4)If a volunteer, regardless of his seniority in service, is discharged because of an infirmity, illness or injury resulting from service in circumstances other than those described in paragraph 1 of this article, he shall receive a disability pension equivalent to:
  5. 5)One-third of the last month's salary subject to pension deductions if the degree of disability is 30% and below 50%.
  6. 6)Half of the last month's salary subject to pension deductions if the degree of disability is 50% and below 75%.
  7. 7)75% of the last month's salary subject to pension deductions if the degree of disability is above 75%.
  8. 8)One-quarter of the last month's salary subject to pension deductions if the degree of disability is 20% and below 30%.
  9. 9)If the degree of disability is below 20%, he shall receive severance pay plus 75%.
  10. 10)If a volunteer is discharged because of an accident or illness not attributable to service but exacerbated by it, his entitlements shall be settled as follows:
  11. 11)If he has completed 15 years in service, he shall receive a pension based on his service including 50% of the disability additions referred to in Article 80 of this Legislative Decree.
  12. 12)If he has not completed fifteen years in service, he shall receive the severance pay due to him plus an addition of 30% of that severance pay.
  13. 13)If the volunteer has completed fifteen years, he shall be retired and benefit from the additions referred to in Article 80 of this Legislative Decree according to the degree of disability.
  14. 14)If the volunteer's entitlements under paragraphs 1, 2 and 3 of this article conflict with his entitlements under paragraph 4 of this article, the more favourable entitlements shall be granted.
ARTICLE 87

Determination of Temporary Disability Pension

1 - The temporary disability pension for volunteers of all ranks shall be determined for a period of two years, renewable once after a medical examination and after reviewing the temporary disability pension at the end of each period to increase or decrease it if the disability changes by not less than 10%.

In any event, the temporary disability pension may not be increased if the increase in the degree of disability is due wholly or in part to factors external to the primary cause of disability, such as ageing, fatigue, intemperance, misconduct, etc.

  1. 1)The disability pension shall be cancelled when the degree of disability disappears or falls to a level that does not give the right to claim this pension; in such case the following measures shall be taken:
  2. 2)The amounts received by the person while in temporary disability shall be retained as an acquired right for him.
  3. 3)The competent authority may, if the conditions for fitness for military service are met, return the person to active service either by resuming the remaining period of his previous employment contract that was suspended due to his disability, or under a new contract.
  4. 4)The entitlements (pension, severance pay) of the person concerned shall be settled upon his final discharge in accordance with applicable laws on the basis of total completed service.
  5. 5)The person concerned shall be entitled, if he does not resume service, to claim severance pay or pension entitlements in accordance with applicable laws as of the date of cancellation of his temporary disability pension on the basis of his total prior service before the temporary disability period, taking into account the remaining degree of disability.
  6. 6)The time spent in temporary disability shall not be counted as active service.
  7. 7)The authority that ordered the grant of temporary disability pension shall be the one to decide on fitness to resume service for the reasons stated in paragraph 1 of this article.
ARTICLE 88

Affliction with Mental Illness, Blindness, or Paralysis

If the service member becomes insane after completing five or more years in service, he shall receive a disability pension equivalent to half of the last month's salary applicable to pension deductions plus full family allowance. Such salary shall also be received regardless of the length of service if he is afflicted, in circumstances not appropriate for service, with total paralysis, complete blindness, or a degree of visual impairment that threatens complete blindness within four years of the occurrence of the injury, or a similar condition that renders the person unable to manage his own affairs, provided these conditions are determined by the Medical Investigation Committee.

ARTICLE 89

Right to Choose the Higher Pension

If a person has the right to a temporary or permanent disability pension and his service also entitles him to a retirement pension, he shall benefit from whichever pension is greater in amount.

ARTICLE 90

Family Allowances for Retirees

Retired military personnel shall receive family burden allowances as provided for in applicable laws.

ARTICLE 91

Right to Severance Pay or Retirement Deductions

The right to severance pay or pension entitlements shall be as follows:

  1. 1)Every NCO or rank discharged from service in accordance with the provisions of paragraph 3 of Article 57 of this Legislative Decree shall be granted severance pay or pension entitlements, subject to the following provisions:
  2. 2)Pension deductions withheld from his salaries shall be refunded to him if his active service is less than ten years.
  3. 3)He shall receive severance pay if his service is ten years or more.
  4. 4)Every NCO or rank discharged from service in accordance with paragraphs 4 and 5 of Article 57 of this Legislative Decree shall receive severance pay regardless of his seniority in service.
  5. 5)Every officer discharged before acquiring the right to claim a pension shall be subject to the following provisions:
  6. 6)He shall receive severance pay:
  7. 7)- If discharged permanently from service in accordance with the provisions of Articles 51 and 53 of this Legislative Decree, except by resignation, even if he has not completed ten years in service.
  8. 8)- If he is a pilot officer and discharged at his own request, provided he has completed at least 12 years in active service, of which eight years as a licensed pilot in aerial operations.
  9. 9)- If he is a specialist officer and discharged at his own written request in accordance with applicable Army laws and regulations for a minimum period of five years.
  10. 10)He shall receive severance pay plus an addition of five thousand Lebanese pounds:
  11. 11)- A pilot officer discharged with severance pay, provided his active service has not reached 15 years and at least eighteen months have elapsed since his return from a training course abroad.
  12. 12)c -
  13. 13)The text of sub-paragraph (c) of paragraph (3) of Article 91 was amended pursuant to Article 8 of Law No. 169 dated 29/08/2011 and now reads as follows:
  14. 14)He shall receive severance pay upon resignation after completing ten years in service; upon resignation before completing ten years in service, he shall receive pension deductions.
Amended 2011
ARTICLE 92

Calculation of Severance Pay

The text of Article 92 was amended pursuant to Article One of Law No. 273 dated 11/3/1993 and now reads as follows:

  1. 1)Severance pay referred to in Article 91 and calculated in accordance with paragraph 2 of Article 79 shall be computed as follows:
  2. 2)One month's salary for each of the first ten years of service.
  3. 3)Two months' salary for each year following the tenth year up to thirty years of service.
  4. 4)Three months' salary for each year exceeding thirty years of service.
  5. 5)The additions and bonuses referred to in Article 80 shall be included in the calculation of severance pay when active service is ten years or more.
  6. 6)A volunteer discharged from service for health reasons whose active service is less than ten years shall be paid severance pay equivalent to:
  7. 7)- One month's salary for each year of active service.
  8. 8)- Two months' salary for each additional year.
Amended 1993
ARTICLE 93

Limits of Severance Pay

Severance payments from service shall be made within the limits set out in this Legislative Decree.

ARTICLE 94

Transfer of Retirement Pensions and Severance Pay to the Families of Volunteers

The text of paragraph (1) of Article 94 was amended pursuant to Article 9 of Law No. 169 dated 29/08/2011, then replaced pursuant to Article One of Law No. 17 dated 10/02/2017 and now reads as follows:

  1. 1)If a volunteer is shot dead or killed by any other weapon during an armed engagement with the enemy in time of war, or during security operations within the country in time of war and peace, or in an ordered flight or navigation mission, or during military manoeuvres, field training or other training exercises conducted, or if he dies during his disability period and pending his final discharge from the Army for health reasons and the injury he sustained in the aforementioned circumstances was the direct cause of his death, his family shall be granted a pension equal to the basic salary subject to pension deductions allocated to the highest grade of the rank immediately above his rank, including above-ceiling grades, provided the salary of the rank above exceeds his salary by at least one grade.
  2. 2)If a volunteer is killed following an assault sustained in the course of performing his duties, or while performing an altruistic act to save the life of another, his family shall be granted a pension equivalent to 75% of the pension determined pursuant to paragraph 1 of this article.
  3. 3)However, if the application of sub-paragraph (a) of paragraph four below grants better entitlements, those entitlements shall be granted.
  4. 4)If a volunteer dies as a result of an accident or service-related illness occurring in circumstances other than those specified in the two preceding paragraphs, his family shall be granted a pension equivalent to fifty percent of the pension determined in paragraph 1 of this article.
  5. 5)However, if the application of sub-paragraph (a) of paragraph four below grants better entitlements, those entitlements shall be granted.
  6. 6)If a volunteer dies as a result of an illness not attributable to service but exacerbated by it:
  7. 7)If his service is eighteen years or more:
  8. 8)His family shall receive the pension he would have been entitled to on the day following the date of his death.
  9. 9)If his service is less than eighteen years but not less than five years:
  10. 10)His family shall receive a pension equivalent to 75% of the entitlements calculated on the basis of one forty-fifth of his last month's salary before his death for each year of service including war bonuses.
  11. 11)If his service is less than five years:
  12. 12)His family shall receive severance pay plus a compensation equivalent to 100% of the severance pay.
  13. 13)If a volunteer dies as a result of an accident or illness not attributable to service:
  14. 14)If his service is eighteen years or more:
  15. 15)His family shall receive the pension he would have been entitled to on the day following the date of his death.
  16. 16)If his service is less than eighteen years:
  17. 17)His family shall receive severance pay plus a compensation equivalent to 50% of the severance pay.
  18. 18)If the NCO's or rank's active service is 18 years or more, his family shall receive the pension and shall not be entitled to replace it with severance pay.
  19. 19)The heirs of officers who die in service may request within three months of the date of death that the pension be replaced by severance pay.
  20. 20)Paragraph (8) of Article 94 was repealed pursuant to Article One of Law No. 239 dated 22/10/2012.
  21. 21)The text of paragraph 9 of Article 94 was amended pursuant to Article One of Law No. 273 dated 3/11/1993 and now reads as follows:
  22. 22)In the event of the death of one of the family members receiving a pension, or in the event of the pension being cut off from any of them for any reason, the remaining eligible family members shall receive the full pension which shall be redistributed equally among them.
  23. 23)The provisions of this article shall apply as of the date of entry into force of this Legislative Decree to unmarried volunteers and to the families of volunteers who were martyred or died after 12/6/1959.

1. The text of sub-paragraph (b) of Article 3 of Legislative Decree No. 594 dated 8/5/1990 (issued by the government of President Michel Aoun) was repealed and replaced by the following: two months' salary for each year following the tenth year of active service regardless of their number, for documentation purposes.

ARTICLE 95

Financial Aid for Families of Deceased Volunteers

In addition to the pension, the families of volunteers referred to in Article 94 shall receive the financial grants set out below:

  1. 1)A volunteer covered by paragraph 1 or 2 of Article 94:
  2. 2)A financial grant equivalent to one year's salary including allowances supplementary to the salary of the deceased volunteer in active service.
  3. 3)His children shall be admitted to schools at State expense within the limits of appropriations allocated for this purpose in the budget.
  4. 4)A volunteer covered by Article 94-3: a financial grant equivalent to one year's salary including allowances supplementary to the salary of the deceased in active service.
  5. 5)A volunteer covered by paragraph 4 or 5 of Article 94:
  6. 6)a financial grant equivalent to one year's salary including allowances supplementary to the salary of the deceased in active service.
ARTICLE 96

Parents' Share of the Rights of a Martyr or Deceased Volunteer

Notwithstanding any other provision, the spouse of a martyr of the field of honour shall benefit from his full share of the pension or severance pay and from the mutual aid institution regardless of his financial situation. 1 - The father of a martyred deceased volunteer and the mother shall receive their share in the pension or severance pay and from the mutual aid institution regardless of their financial or family situation, if the deceased was unmarried or married without children. The following paragraph was added to paragraph 1 of Article 96 pursuant to Article 16 of Legislative Decree No. 1 dated 26/9/1984: If the unmarried person is martyred after the death of his parents, his minor or disabled siblings and unmarried sisters shall receive the share of their parents in the pension or severance pay and from the mutual aid institution. The provisions of the preceding paragraph shall apply as of 16/9/1983.

  1. 1)The father of a deceased volunteer who dies in service or in retirement and the mother shall receive their share of the pension or severance pay and from the mutual aid institution even if they have another child or children other than the deceased, provided the following conditions are all met:
  2. 2)If the deceased was unmarried or married without children.
  3. 3)If the father is unable to work.
  4. 4)If both parents are indigent.
  5. 5)A widowed mother shall receive her share if she is indigent regardless of the family situation of her deceased child.
Amended 2018Amended 1984
ARTICLE 97

Financial Aid for the Parents of a Deceased Volunteer

  1. 1)If the father of an unmarried or childless married deceased volunteer and the mother do not meet the conditions specified in Article 96 for receiving a pension or severance pay, they shall receive a financial grant to defray funeral expenses for their child, determined as follows:
  2. 2)One year's salary including allowances supplementary to the salary of the deceased in active service if the death resulted from circumstances specified in Article 94-1 of this Legislative Decree.
  3. 3)Six months' salary including allowances supplementary to the salary of the deceased in active service if the death resulted from circumstances specified in paragraphs 2 and 3 of Article 94 of this Legislative Decree.
  4. 4)Three months' salary including allowances supplementary to the salary of the deceased in active service if the death resulted from circumstances specified in paragraph 4 or 5 of Article 94 of this Legislative Decree.
  5. 5)The grants specified in this article shall be paid to whoever meets the funeral expenses, whether the father or the mother; if the father or mother are unable to receive the grant, it shall be paid to the closest relative of the deceased service member who bore the funeral expenses.
ARTICLE 98

Rights of the Wife of the Deceased General/Army Commander

The wife of the late Commander of the Army who dies in active service shall be entitled, as long as she has not lost her right to a pension or severance pay, to the benefit of one military car driver or a financial compensation equivalent to a private first class soldier's salary in lieu thereof, at her choice.

ARTICLE 99

Committee for Settlement of Retirement Pensions and Severance Pay

A Pension Settlement Committee shall be constituted by decree and shall be composed of: - A commanding officer or principal general officer, as Chairman - Two officers, as Members - An official from the Ministry of Finance of the rank of department head and above, as Member - The Head of the Army Pension Office, as Member and Rapporteur

ARTICLE 112

Prohibitions on Persons Subject to Military Service Obligations

  1. 1)Every Lebanese national subject to military service obligations who cannot prove that he has fulfilled those obligations shall be prohibited from exercising the following rights:
  2. 2)Voting and standing for election to various bodies, councils and other institutions.
  3. 3)Employment in any position or work in the public and private sectors, including contractual work.
  4. 4)Practising any liberal profession.
  5. 5)Departing from Lebanese territory.
  6. 6)Enrolling in schools and universities.
  7. 7)-
  8. 8)The text of paragraph 2 of Article 112 was amended pursuant to Article 5 of Law No. 665 dated 4/2/2005 and now reads as follows:
  9. 9)A priority, the conditions of which shall be determined by decrees taken in the Council of Ministers, shall be given to conscripts who have fulfilled their military service obligations for entry into various armed forces.
  10. 10)Every Lebanese national subject to military service obligations who proves that he is legally exempted, deferred, or against whom a judicial decision was issued necessitating his failure to comply, shall be exempted from the provisions of paragraph 1 of this article.

1. See Decree No. 3778 dated 13/7/1993 on determining cases of statutory exemption and deferral from military service obligations. See also Law No. 245 dated 7/12/1993 on the final exemption from military service in exchange for payment.

ARTICLE 113

Laws Applicable to the Conscript Throughout His Active Service

All laws, regulations and instructions applicable to volunteers pursuant to this Legislative Decree shall apply to conscripts throughout their active service period.

ARTICLE 144

Subjecting Reserve Personnel to Laws Applicable to Volunteers

Called-up reservists shall be subject, in accordance with the duration of their call-up, to all laws, regulations and instructions applicable to volunteers.

ARTICLE 145

Jurisdiction of Military Courts

Military courts shall hear disputes arising from the application of Article 146 of this Legislative Decree.

ARTICLE 146

Punishment of Defaulting Reserve Personnel

A reservist who fails to respond to the call-up to report to the designated post within a period exceeding 48 hours shall be considered a defaulter and shall be punished by the penalty provided for in Article 107 of the Military Justice Law.

Subsection 4

Administrative and Financial Transactions

ARTICLE 49

Permitted Assignments

  1. 1)The duration of command positions and career postings shall be limited to three years, extendable by one year exceptionally. Army Command shall observe this principle in the assignments it issues.
  2. 2)The following shall be exempted from the provisions of paragraph 1 of this article:
  3. 3)The Commander of the Army (General).
  4. 4)The Chief of Staff.
  5. 5)c -
  6. 6)The text of sub-paragraph c of paragraph 2 was replaced pursuant to Article 13 of Legislative Decree No. 1 dated 26/9/1984 by the following text:
  7. 7)Members of the Military Council, specialists, artists and technicians whose categories are determined by decision of the Minister of National Defence.
  8. 8)A military office may not be combined with any ministerial post; if an officer is assigned to a ministerial post, he may retain the right to return to his position after the end of his ministerial term.
  9. 9)Assignments to and from the Secretariat-General of the Supreme Defence Council, the Inspectorate-General, the Directorate-General of Administrative Control and the Military Office at the Minister of National Defence shall be decided by the Minister upon the proposal of the Commander of the Army. Assignments to other military posts shall be made by decision of the Commander of the Army concerned with the approval of Army General Staff, except those provided for in Article 27 - paragraph d - of this Legislative Decree.
  10. 10)Assignments to and from the Secretariat-General of the Supreme Defence Council shall be subject to the approval of the Vice-Chairman of the Supreme Defence Council.

1. The numbering in paragraph (9) of Article 6 was corrected to read 6, 7, 8 and 9 of Article 51 instead of 8, 9, 10 and 11 of Article 51, pursuant to the sole article of Law No. 184 dated 10/05/2011, for documentation purposes.

ARTICLE 100

Determination of Administrative and Financial Procedures of the Ministry of National Defence

The manner and procedures for completing the administrative and financial transactions pertaining to the Ministry of National Defence shall be determined by decree taken in the Council of Ministers, observing the principles and procedures provided for in applicable State laws and regulations.

ARTICLE 114

Conscript's Allowances

A conscript shall receive during his service period a fixed symbolic monthly allowance determined by decree taken in the Council of Ministers; the conditions of accommodation, housing and clothing shall be determined in the same manner. The Commander of the Army may grant additional allowances as work incentives during conscripts' civil or security services within the limits of available appropriations, not exceeding 50% of the fixed symbolic monthly allowance mentioned above.

ARTICLE 115

Rights and Services of the Conscript

A conscript shall personally benefit during his service period from all the rights and services available to volunteers, with the exception of salary.

ARTICLE 116

Competitions and Examinations

A conscript may sit for competitions or examinations conducted by public administrations and institutions, independent agencies, municipalities or private institutions during his service period.

ARTICLE 117

Status of the Employee or Worker Performing Military Service

  1. 1)The salary or wages of a civil servant or employee called up for military service shall be suspended immediately upon his separation from his post or work.
  2. 2)A civil servant or employee shall be reinstated immediately upon his discharge to the post or work he held before performing military service, and the period he spent in military service shall be counted towards seniority in rank and salary; if the employer delays his reinstatement or resumption of work, he shall be entitled to salary or wages from the date of his discharge, provided his situation is finally settled in accordance with the provisions of Article 126 of this Legislative Decree.
  3. 3)A conscript may, at his request upon completing military service, be reinstated in active service as a volunteer at the same rank under conditions determined by Army Command; in such case the period of his military service shall be counted.
ARTICLE 118

Conscript Not Wishing to Return to His Previous Post

A conscript who does not wish to return to his previous post or work must inform his military superiors of this at least forty-five days before the date of his discharge, so that the employer may be notified at least thirty days before the date of discharge.

ARTICLE 119

Conscript's Resignation from His Previous Post

A discharged conscript who does not return to his previous place of work within fifteen days of the date of his discharge shall be deemed to have resigned unless there are force majeure circumstances, to be assessed by: - The Civil Service Board if he was a civil servant, employee, worker or contractor in other public sector administrations and institutions. - Military courts if he was employed in the private sector.

The entitlements of the discharged person deemed to have resigned from his previous post or work shall be settled in accordance with applicable laws and regulations.

ARTICLE 120

Conscript Exposed to an Injury or Accident

If a conscript sustains an injury or accident during his service, the provisions of this Legislative Decree applicable to volunteers of equivalent rank shall apply to him, on the basis of that volunteer's salary.

ARTICLE 121

Employer's Refusal to Reinstate the Conscript to His Previous Post

In the event that an employer refuses to reinstate a conscript in his previous employment, the latter shall be entitled, in addition to his rights under applicable laws — excluding the compensation specified in sub-paragraph (a) of Article 50 as amended of the Labour Law — to a special compensation of not less than one full year's salary or wages on the basis of the salary or wages he was receiving at the date of his call-up for military service, as damages, if he is still physically fit for work. If the conscript was working in the public sector before his call-up, he shall be reinstated by operation of law in his work after the end of his service period in accordance with the provisions of paragraph 2 of Article 117 of this Legislative Decree, and the period of his military service shall count as actual service in the post he held at the time of his call-up.

ARTICLE 147

Entitlement to Rights Applicable to Volunteers

Reservists called up for service for a period exceeding one month, as well as their dependant family members, shall benefit during that period from the rights applicable to volunteers as specified in Article 68 of this Legislative Decree.

ARTICLE 148

Conscript Reserve Serviceman's Voluntary Enlistment in Active Service

- Reserve conscripts shall be entitled, during their reserve period, to request enlistment in active service at the rank they hold, provided they sit a competency examination the procedures and conditions of which shall be determined by decision of the Commander of the Army. They shall be enlisted at that rank in accordance with the procedures applicable to volunteers pursuant to this Legislative Decree. As for the reservists referred to in paragraph 3 of Article 130 of this Legislative Decree who are called up for service for a period exceeding one year and are subsequently discharged, they shall be entitled to receive severance pay equivalent to two months' salary for each year of service, calculated on the basis of the last basic salary they received.

Section 4

Civilian Employees and Workers

ARTICLE 101

Provisions Applicable to Civil Employees, Contractors, and Workers in the Ministry of National Defence

The provisions relating to civil servants shall apply to civilian employees in the permanent and temporary establishments, contractors and workers at the Ministry of National Defence in all matters for which no special provision is made in the laws and regulations applicable at the Ministry of National Defence.

Section 5

Conscripts

Subsection 1

General Provisions

ARTICLE 1

Definition of National Defence and the Armed Forces

National defence aims to strengthen the capabilities of the State and build its capacities to resist any aggression against the national territory and any attack directed against it, and to ensure the sovereignty of the State and the security of citizens. The armed forces may be employed in humanitarian and social fields provided this does not impede their primary missions. Such employment shall be determined by decree upon the proposal of the Minister of National Defence and the competent minister. The armed forces means: the Army, the Internal Security Forces, the General Security, and in general all personnel employed in public administrations, public institutions and municipalities who bear arms by virtue of their office.

ARTICLE 2

Measures Required When Exposed to Danger

  1. 1)If the homeland, or a part of its territory, or a sector of its public services, or a group of the population is exposed to danger, the following may be declared:
  2. 2)A state of total or partial alert to limit the exposure of the population and vital installations to danger, and to secure mobilisation operations and the use of the armed forces.
  3. 3)A state of general or partial mobilisation to execute all or some of the prescribed plans.
  4. 4)The said measures shall be declared by decrees taken in the Council of Ministers upon the recommendation of the Supreme Defence Council.
  5. 5)These decrees may include special provisions aimed at:
  6. 6)Imposing control over energy sources and regulating their distribution.
  7. 7)Imposing control over raw materials, industrial production and food supplies, and regulating their import, consumption, export and distribution.
  8. 8)Organising and monitoring transportation, movement, communications and telecommunications.
  9. 9)Requisitioning persons and property and imposing services on legal and natural persons; in such case the constitutional and legal provisions relating to the declaration of a state of emergency shall be observed.

1. See Decree No. 6198 dated 15/03/2020 concerning the declaration of general mobilisation to counter the spread of the coronavirus.

ARTICLE 3

Exposure of the Country to Danger

If the country is exposed to the dangers specified in Article 1 of Legislative Decree No. 52 dated 5 August 1967, a state of emergency or a military zone shall be declared and the competent authorities shall exercise the powers provided for in the said legislative decree.

ARTICLE 4

Assignment of the Army to Maintain Security in the Endangered Zone

If the State is exposed, in one or more zones, to acts detrimental to its security or interests, the Army shall be charged with maintaining security in that zone or those zones in accordance with the following provisions:

  1. 1)The assignment shall be made by decrees taken in the Council of Ministers upon the proposal of the Minister of Interior and the Minister of National Defence, for a specified period which may be extended when necessary in the same manner.
  2. 2)Upon the issuance of the decree referred to in paragraph 1 above, the Army shall assume responsibility for maintaining security and protecting the State against any act detrimental to its security or interests, and all armed forces carrying out their missions pursuant to their own laws and regulations shall be placed under the command of the Commander of the Army with the assistance of the Military Council and under the supervision of the Supreme Defence Council.
  3. 3)For the purposes of this paragraph, the armed forces means: the Army, the Internal Security Forces, the General Security, and all public sector personnel who bear arms by virtue of their office.
  4. 4)The Commander of the Army may take all measures conducive to maintaining security, in particular:
  5. 5)- Searching structures and other premises anywhere, with the approval of the competent public prosecution.
  6. 6)- Monitoring ports and vessels in territorial waters.
  7. 7)- Monitoring the entry and exit of foreigners.
  8. 8)- Prohibiting unauthorised public meetings or those of a military character.
  9. 9)- Pursuing armed security offenders and referring them to justice within five days of their arrest.
  10. 10)- Combating terrorism.
  11. 11)The measures taken shall be immediately communicated to the Supreme Defence Council, the Minister of Interior and the Minister of National Defence.
  12. 12)All armed security acts shall be referred to military courts, including review of measures taken under paragraph 3 above.
  13. 13)Any person who aids or hinders the implementation of measures taken pursuant to paragraph 3 of this article shall be punished by imprisonment from one month to one year and a fine from five hundred to ten thousand Lebanese pounds, or either of these penalties. In cases where the law provides for a more severe penalty for the offender, the rules on the concurrence of offences imposing the most severe penalty shall apply.
  14. 14)Upon the expiry of the period of application of the decree referred to in this article, the military courts shall retain jurisdiction to continue hearing cases referred to them.

1. See Law No. 89 dated 7/9/1991 which provided for an increase in the amounts of fines imposed by the courts.

Amended 1984
ARTICLE 29

Definition of Volunteer, Conscript, or Reserve Serviceman

Military personnel are volunteers and conscripts during their reserve service period, or volunteers during their call-up period: - Volunteers are officers, non-commissioned officers and ranks in active service. - Conscripts are those subject to the Compulsory Military Service Law. - Reservists are those subject to the Reserve Law.

ARTICLE 30

Voluntary Enlistment and Its Conditions

  1. 1)The enlistment of non-commissioned officers and ranks shall be accepted by decision of the Commander of the Army within the limits of vacant posts and appropriations allocated in the budget.
  2. 2)A volunteer must satisfy the following conditions:
  3. 3)Be Lebanese for at least ten years.
  4. 4)Be not less than 18 years of age upon appointment to service and not more than 25 years of age. In exceptional cases decided by the Minister of National Defence upon the proposal of the Commander of the Army, the age limit may be raised to 30 years.
  5. 5)Be physically, mentally and morally sound.
  6. 6)Have not been convicted of a felony or felony attempt of any kind, or of a dishonourable misdemeanour or attempt thereof, or of an offence carrying a sentence of more than six months; these provisions shall apply to persons who have been rehabilitated or benefited from a pardon (general or special amnesty).
  7. 7)The following offences are considered dishonourable:
  8. 8)Theft(1), fraud(2), breach of trust, embezzlement(3), bribery(4), rape, extortion(5), forgery(6), use of forged documents(7), offences against public morality as specified in Chapter Seven of the General Penal Code, issuing a cheque without adequate funds(8), false testimony(9), false oath(10), drug-related offences(11).
  9. 9)- The Minister of National Defence may, by decision upon the proposal of the Commander of the Army, impose additional conditions on enlistment applications for certain Army corps, positions and academies relating to academic qualifications.

1. For the establishment of partisan units in the Army, see Law No. 1/69 dated 1/3/1969.

ARTICLE 31

Enlistment Contract

  1. 1)Subject to the special cases provided for in this Legislative Decree, volunteers shall be assigned to the Army pursuant to an enlistment contract for a period of between three and ten years.
  2. 2)The enlistment contract shall be signed by the Commander of the Army and the applicant.
  3. 3)A volunteer shall be considered, upon signing his enlistment contract, a trainee soldier for a maximum period of one year during which military laws and regulations shall apply to him; he may not rescind his enlistment contract except for reasons approved by Army Command.
  4. 4)If a trainee soldier is not confirmed by a volunteer confirmation committee, he shall be discharged without any compensation. If the year lapses without the committee having considered his case, he shall be deemed confirmed by operation of law, and the period he spent as a trainee soldier shall count towards his service qualifying for pension rights, provided the pension deductions are repaid.
  5. 5)If the trainee soldier is injured before confirmation by an accident or illness not attributable to service, he shall be discharged after a maximum treatment period of three months. If the accident or illness arose from service, the provisions governing disability situations shall apply to him.
ARTICLE 32

Enlistment and Appointment of Specialist, Technical, and Skilled Volunteers

The numbers and grades of specialists, technicians and technical staff of the various categories, their salaries, conditions of enlistment and appointment, training, salaries and allowances, conditions of promotion, end of service, and entitlements to pension or severance pay shall be determined by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence after the recommendation of the Commander of the Army and consultation of the Council of State.

1. Regarding theft, see Article 635 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

2. Regarding fraud, see Article 655 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

3. Regarding breach of trust and embezzlement, see Article 670 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

4. Regarding bribery, see Article 351 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

5. Regarding rape and extortion, see Article 649 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

6. Regarding forgery, see Article 453 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

7. Regarding use of forged documents, see Article 454 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

8. Regarding issuing cheques without funds, see Article 666 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

9. Regarding false testimony, see Article 463 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

10. Regarding false oath, see Article 415 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

11. Regarding drug offences, see Article 127 of the Narcotics and Psychotropic Substances Law No. 673 dated 16/3/1998; regarding the danger of cultivating plants from which narcotics are derived, see Article 11 et seq. of the same law.

ARTICLE 33

Enlistment Contract for Specialist Officer Cadets

  1. 1)Notwithstanding any other provision, the enlistment contract of specialist officer-cadet students in the Air Forces shall be for a period of fifteen years, including the period of study at officer rank.
  2. 2)The Minister of National Defence may cancel the enlistment contract of the students referred to in paragraph one of this article who are found to have no interest in serving in the Air Forces, upon the proposal of the Commander of the Army.
  3. 3)The said students shall choose between their discharge from Army service or continuing service in other corps compatible with their qualifications; in the latter case the first enlistment contract shall be cancelled and a new enlistment contract shall be drawn up for them in accordance with the provisions of Article 31 of this Legislative Decree.
ARTICLE 34

Admission to Military Academies

Notwithstanding any other provision, the conditions of admission and appointment of students of military academies, including officer cadets, shall be determined, and their admission and appointment shall be effected, by decisions issued by the Minister of National Defence upon the proposal of the Commander of the Army.

ARTICLE 35

Appointment of Officers

  1. 1)Officers shall be appointed by decree issued upon the proposal of the Minister of National Defence.
  2. 2)Second lieutenants shall be appointed from among:
  3. 3)Cadets of the Military Academy who have obtained the certificate of competence for the rank of second lieutenant following their final examinations.
  4. 4)Specialists and senior specialists after passing a competency examination for the rank of second lieutenant in their specialisation.
  5. 5)Assistants and senior supervisors after passing a competency examination for the rank of second lieutenant in their specialisation, for a transitional period ending on 1 July 1984.
ARTICLE 68

Persons Entitled to Free Medical Care and Treatment

The text of Article 68 was replaced pursuant to Article 15 of Legislative Decree No. 1 dated 26/9/1984 with a new text which was amended pursuant to Article 2 of Legislative Decree No. 39 dated 23/3/1985. This text was then repealed pursuant to Article One of Law No. 24/87 dated 5/6/1987 and replaced by the following text:

  1. 1)The following shall benefit from free medical treatment and care:
  2. 2)Military personnel in active service and their families, including lawfully wedded wives who are engaged in paid employment provided they receive medical treatment costs from another source; the manner of application of this provision shall be determined by special instructions issued by the Minister of National Defence.
  3. 3)Military personnel whose permanent disability is attributed to service-related health reasons, and their dependant family members.
  4. 4)Retired military personnel entitled to a pension and their dependant family members.
  5. 5)Retired military personnel entitled to a pension who nonetheless received a severance payment, and their dependant family members.
  6. 6)Families of personnel who were killed or died during or because of service, regardless of their period of service, whose members remain dependants.
  7. 7)The text of sub-paragraph (f) of paragraph (1) of Article 68 was amended pursuant to Article One of Law No. 57 dated 27/10/2016 and now reads as follows:
  8. 8)Dependant family members of volunteers who died as a result of a non-service-related illness or accident, provided they had completed at least five years of active service.
  9. 9)Dependant family members of deceased retired military personnel.
  10. 10)In all family members referred to in sub-paragraphs «b, c, d, e, f, g» of this article, the conditions legally established for entitlement to pension must be met, excluding lawfully wedded wives engaged in paid employment provided they receive medical costs from another source.
  11. 11)The manner of application of this provision shall be determined by special instructions issued by the Minister of National Defence.
  12. 12)The Minister of Defence may, upon the proposal of the Commander of the Army, suspend free medical treatment and care on each occasion and for a maximum period of one year for any person who misuses this right.
Amended 1987Amended 2016
ARTICLE 102

Definition of Military Service

Military service is an honour and a duty that concerns every Lebanese pursuant to the provisions of this Legislative Decree and its associated regulations. Military service encompasses: - Military service - Civilian service - Security service

1. For the organisation of civilian positions in the Army, see Legislative Decree No. 34 dated 19/1/1955 and its annexes.

2. Article One of Law No. 665 dated 4/2/2005 provided for the final abolition of military service two years after the publication of that law in the Official Gazette, i.e. two years after 10/2/2005; Article 8 of the same law provided for the cessation of prosecution of those who evaded military service and the lapse of all charges and judgements against them for this reason upon the issuance of that law and their automatic rehabilitation, for documentation purposes.

ARTICLE 103

Objectives of Military Service

Military service aims to prepare citizens as combatants and employ them within the framework of national defence to perform military defence missions in the armed forces. Civilian service aims to prepare citizens and employ them to support the armed forces in all matters relating to internal and external defence, particularly in the field of civil defence and in supporting public and private sectors that facilitate the missions of the armed forces. Security service aims to prepare citizens and employ them within the framework of national defence for civic and social discipline to develop various public sectors and public-benefit private sectors both within and outside the country. The Ministry of National Defence shall undertake the task of implementing military service in its various forms in coordination with the competent State ministries.

ARTICLE 130

Definition of Reserve Personnel

Reservists are:

  1. 1)Volunteers discharged from active service who are still within the reserve period specified in Article 131 of this Legislative Decree.
  2. 2)Conscripts who completed military service and were discharged at its conclusion and are still within the reserve period specified in Article 131 of this Legislative Decree.
  3. 3)Civilians who successfully completed military orientation courses organised by Army Command and were discharged at their conclusion.
ARTICLE 131

Duration of Reserve Service

The reserve period shall be determined as follows:

  1. 1)For volunteers:
  2. 2)Officers:
  3. 3)For a period of fifteen years following their discharge from service, provided they do not exceed the age limit set for their rank plus five years.
  4. 4)NCOs and ranks:
  5. 5)For a period of fifteen years following their discharge from service, provided they do not exceed the age of fifty-five.
  6. 6)For conscripts: after the end of their service until they reach the age of forty.
  7. 7)For the civilians referred to in paragraph (3) of Article 130: until they reach the age of forty.
ARTICLE 132

Procedures and Conditions for Calling Up, Exempting, and Discharging Reserve Personnel

The procedures and conditions for the call-up and exemption of reservists, and the obligations imposed on them during their reserve period, shall be determined by decree upon the proposal of the Minister of National Defence based on the recommendation of the Commander of the Army.

ARTICLE 133

Special Procedures for Reserve Personnel Established by Army Command

Army Command shall determine the manner of administering, training, calling up and discharging reservists.

Subsection 2

Conditions of Military Service – Duration – Exemptions

ARTICLE 5

Placing the Army at the Disposal of the President of the Republic

The Army shall be placed at the disposal of the President of the Republic, who shall exercise his powers in accordance with the provisions of the Constitution and the applicable laws. In particular Articles 6 and 7 of this Legislative Decree.

Amended 1984
ARTICLE 6

General Defence and Security Policy

The Council of Ministers shall determine the general defence and security policy, define its objectives and supervise its implementation.

Amended 1984
ARTICLE 7

The Supreme Defence Council

1 - A Supreme Defence Council shall be established, composed of: - The President of the Republic, as Chairman - The Prime Minister, as Vice-Chairman - The Minister of Defence, as Member - The Minister of Foreign Affairs, as Member - The Minister of Finance, as Member - The Minister of Interior, as Member - The Minister of Economy, as Member

  1. 1)The Chairman of the Supreme Defence Council may convene any person whose presence the nature of the Council's work requires.
  2. 2)The Secretariat-General of the Supreme Defence Council referred to in Article 10 below shall perform the secretarial functions of this Council.
  3. 3)One or more ministers may be added to the Supreme Defence Council in a working advisory capacity by decree taken in the Council of Ministers.
  4. 4)A directorate-general named the «Directorate-General of State Security» shall be established at the Supreme Defence Council, subject to the authority of the Council and attached to its Chairman and Vice-Chairman.
  5. 5)This directorate-general shall undertake the following missions:
  6. 6)First - Collecting information relating to internal State security through its own networks covering Lebanese territory, gathering external intelligence from existing agencies, verifying, analysing, classifying and preserving it or referring it to the competent authorities.
  7. 7)Second - Monitoring the activities of foreigners that affect State security and monitoring the relations of citizens with foreign entities insofar as they relate to State security.
  8. 8)Third - Combating espionage and hostile activity in all its forms.
  9. 9)Fourth - Conducting preliminary investigations into acts that affect internal and external State security, through a single female director and deputy directors-general from the core staff and the officers attached to it and the non-commissioned officers appointed by the Vice-Chairman of the Supreme Defence Council, who shall perform their duties as auxiliary judicial officers assisting the appellate public prosecutor acting as government commissioner before the military court, in accordance with applicable laws.
  10. 10)Fifth - Coordinating with other competent security agencies in the Directorate-General of General Security, the Internal Security Forces, the Intelligence Directorate and associated Army units with regard to intelligence and information exchange.
  11. 11)Sixth - Proposing analytical reports to brief the Supreme Defence Council on the security and political situation, proposing appropriate recommendations to confront internal and external dangers, and continuously briefing the Chairman and Vice-Chairman of the Supreme Defence Council on the security and political situation.
  12. 12)The Director-General of State Security shall be appointed by decree taken in the Council of Ministers upon the proposal of the Prime Minister from among officers of the armed forces of the rank of colonel and above, or from among civil servants of the top three grades of the first category, or from among Lebanese nationals outside the establishment who hold university degrees.
Amended 1984Amended 1984Amended 1985Amended 2000
ARTICLE 8

Decisions and Powers of the Supreme Defence Council

  1. 1)The Supreme Defence Council shall determine the procedures necessary to implement the defence policy as defined by the Council of Ministers; the resolutions of the Supreme Defence Council shall remain confidential. The Council shall attach particular importance to defence mobilisation, which addresses the following fundamental issues:
  2. 2)Military service and compulsory conscription.
  3. 3)Educational mobilisation.
  4. 4)Mobilisation of economic activity in its agricultural, industrial, financial and commercial branches.
  5. 5)Mobilisation of health and medical activities.
  6. 6)General mobilisation of the State and citizens, particularly civil defence.
  7. 7)Mobilisation of guidance and awareness activities.
  8. 8)The Supreme Defence Council shall distribute defence tasks among the ministries and relevant bodies, issue the necessary directives and instructions regarding them, and follow up on their implementation.
  9. 9)It shall also determine the manpower and equipment plan drawn up for these tasks.
Amended 1984
ARTICLE 9

Meetings of the Supreme Defence Council

  1. 1)The Supreme Defence Council shall be convened by its Chairman, or upon the request of at least two-thirds of its members.
  2. 2)The Chairman of the Council shall submit to deliberation and appropriate decision the matters that necessitated convening the Council.
Amended 1984
ARTICLE 10

Powers of the Deputy President of the Supreme Defence Council

  1. 1)The Vice-Chairman of the Supreme Defence Council shall be responsible for overseeing the implementation of the Council's resolutions.
  2. 2)A Secretariat-General of the Supreme Defence Council shall be directly attached to and obligated to the Vice-Chairman to carry out his duties; it shall:
  3. 3)Collect information from the competent departments.
  4. 4)Prepare the files assigned to it and the studies submitted to the Supreme Defence Council.
  5. 5)Communicate the resolutions of the Supreme Defence Council to the relevant administrations.
  6. 6)Inform the Supreme Defence Council of the progress of implementation of the decisions taken.
  7. 7)The staff establishment of the Secretariat-General of the Supreme Defence Council, conditions of appointment, working procedures, and powers and responsibilities of its personnel shall be determined by decree taken in the Council of Ministers after consulting the opinion of the Council of State.
  8. 8)The Secretariat-General of the Supreme Defence Council shall be headed by a major officer accredited to the General Staff from among Army officers in active service who may not be placed in reserve, appointed by decree taken in the Council of Ministers upon a joint proposal of the Prime Minister and the Minister of National Defence.
Amended 2011
ARTICLE 11

Each Minister's Responsibility for His Ministry

Each minister shall be considered responsible for the defence and security duties emanating from his ministry, and shall take the necessary measures regarding them and oversee their implementation.

ARTICLE 12

The Minister of Interior

The responsibility for maintaining internal security rests with the Minister of Interior, subject to the provisions of special laws. The Ministry of National Defence may be tasked by decree taken in the Council of Ministers with providing military equipment to civil defence administrations under the Ministry of Interior.

ARTICLE 13

Military Zone

The boundaries of governorates shall be considered the boundaries of military zones. The military zone within the meaning of Legislative Decree No. 52 dated 5 August 1967 is the part of the territory in which war is declared or which is designated pursuant to the said legislative decree.

ARTICLE 14

Defence Sectors

Defence sectors shall be designated and their number and missions determined by special instructions issued by Army Command in accordance with defence plans.

ARTICLE 36

Hierarchy of Privates and Non-Commissioned Officers

  1. 1)Ranks: private - senior private - corporal - senior corporal.
  2. 2)Non-commissioned officers: sergeant - senior sergeant - assistant - senior assistant - specialist - senior specialist.
ARTICLE 37

Right of Command for Non-Commissioned Officers and Privates

  1. 1)Each NCO shall have the right of command over those of lower rank; if ranks are equal, command belongs to the more senior; if seniority in rank is equal, command belongs to the one with greater seniority in the previous rank; and if seniority in promotion to senior corporal is equal, command belongs to the one with greater seniority in promotion to corporal.
  2. 2)A corporal shall have the right of command over senior privates, privates and corporals who are junior to him in promotion; if seniority in promotion to corporal is equal, command belongs to the one more senior in promotion to senior private, otherwise command shall be determined by service.
  3. 3)When rank is equal between reservists and volunteers, command belongs to the one with greater seniority in active service in his rank.
ARTICLE 38

Hierarchy of Officers

The chain of officer ranks shall be defined as follows:

  1. 1)Junior officers: second lieutenant - first lieutenant - captain.
  2. 2)Field officers: major - lieutenant colonel - colonel.
  3. 3)General officers: brigadier general - major general - general. The rank of general is reserved exclusively for the Commander of the Army.
ARTICLE 39

Right of Command for Officers

  1. 1)Each officer shall have the right of command over those of lower rank.
  2. 2)When ranks are equal, precedence belongs to the more senior in rank; if seniority in rank is equal, the order of names on the promotion decree for that rank shall be followed.
  3. 3)When rank and seniority are equal between regular officers and reserve officers called up to resume service, command belongs to the officer with greater seniority in active service in his rank.
ARTICLE 69

Determination of the Method of Paying Salaries, Allowances and Supplements

1 - Volunteers' salaries are determined by applicable laws. Allowances of all kinds shall be determined by decree taken in the Council of Ministers. 2 - The method of payment, settlement of salaries, allowances and bonuses shall be determined by instructions issued by the Minister of National Defence upon the proposal of the Commander of the Army.

ARTICLE 70

Active Service

A volunteer shall receive full salary, allowances and supplementary payments.

1. See Decree No. 12961 dated 6/5/1963 on the determination of military salaries and equipment, Decree No. 10326 dated 23/5/1975 on correcting certain provisions relating to officers' salaries in the Army, and Decree No. 7286 dated 2/2/1974 on the determination of the salary scale for NCOs and ranks in the Army.

2. See Decree No. 5397 dated 9/9/1982 on various military allowances.

ARTICLE 71

Convalescence

A volunteer shall receive active service salary for a maximum period of three months.

ARTICLE 72

Incapacity

  1. 1)Temporary disability: for a period of one year renewable for one more year:
  2. 2)Disability attributable to service: the volunteer shall receive full active service salary and all supplementary allowances and payments.
  3. 3)Disability not attributable to service: the volunteer shall receive half salary and full supplementary allowances and payments.
  4. 4)This salary shall be subject to pension deductions on the full salary and to income tax and stamp deductions on the salary actually received.
  5. 5)Permanent disability: the volunteer's pension rights or severance pay shall be settled in accordance with the provisions of this Legislative Decree.
ARTICLE 73

Absence from Service (Officers Only)

1 - Temporary suspension from service (for a maximum period of six months). The officer shall receive one-third of salary and full supplementary allowances and payments; this salary shall not be subject to pension deductions but shall be subject to income tax and stamp deductions. 2 - Permanent suspension from service: the officer's pension rights or severance pay shall be settled in accordance with the provisions of this Legislative Decree.

ARTICLE 74

Absence Without Leave

The text of Article 74 was replaced pursuant to Article One of Law No. 90 dated 14/6/1999 by the following text:

  1. 1)Authorised absence: absence shall be considered authorised if caused by force majeure for a maximum period of one year, during which salaries shall be paid to the entitled person; thereafter the status of the person concerned shall be determined by decree upon the proposal of the Minister of National Defence.
  2. 2)Unauthorised absence: the volunteer's salary shall be suspended with effect from the first of the month following the absence until the date of return, if no return occurs.
ARTICLE 75

Missing in Action

If a volunteer goes missing during or because of service and his news is cut off such that it is unknown whether he is alive or dead, the entitled person shall receive the full attendance salary for a period of sixty months. This period may be renewed by decree upon the proposal of the Minister of National Defence up to a maximum of ten years. The following paragraph was added to the text of Article 75 pursuant to Article 4 of Law No. 434 dated 15/5/1995: The period during which the missing volunteer receives the attendance salary pursuant to the provisions of the two preceding paragraphs shall be considered active service; the missing volunteer shall subsequently be retired and his entitlements settled for his legal heirs in accordance with applicable laws. All military personnel who reached the maximum period in a missing situation before this law entered into force shall benefit from the provisions of the above paragraph.

Amended 1995
ARTICLE 76

Resignation

A volunteer shall receive severance pay or pension entitlement; if he is not entitled to either, he shall recover the pension contributions deducted from his salaries.

ARTICLE 78

A volunteer shall receive his entitlements in accordance with the provisions of this Legislative Decree.

ARTICLE 78.2

Allowances During a State of Emergency or War

In the event of a declaration of a state of emergency or war, a volunteer shall be paid an allowance equivalent to one month's salary and all supplementary allowances and payments:

  1. 1)Each time a state of general emergency or a state of war is declared; this paragraph shall apply to all volunteers present in active service on Lebanese territory.
  2. 2)Each time a state of partial emergency is declared in a particular zone, the allowance shall be paid to the volunteer present in that zone.
  3. 3)The same allowance shall be paid to reservists who resume service after one month has elapsed since their resumption of service.
  4. 4)The same allowance shall be paid to civilians and conscripts attached to the Ministry of National Defence who are held at their posts due to operational necessity.
ARTICLE 104

Conditions for Military Service

Lebanese nationals who are male shall be subject to military service upon completing their eighteenth year of age; Lebanese nationals who are female shall be subject to this service upon call-up by decree taken in the Council of Ministers, which shall specify the conditions and fields of their employment.

ARTICLE 105

Duration of Military Service

The text of the first paragraph of Article 105 was replaced pursuant to Article 2 of Law No. 665 dated 2/4/2005. The text of paragraph 2 of Article 105 was amended pursuant to Article 2 of Law No. 665 dated 2/4/2005 and now reads as follows: The duration of military service shall be reduced to six months pending the final abolition provided for in Article One of this law. - Every person who has actually performed military service, civilian service or security service shall be deemed to have fulfilled the military service obligation and shall accordingly acquire the status of a reserve conscript. - Conscripts shall be classified as officers, non-commissioned officers or ranks in accordance with conditions determined by the Ministry of National Defence - Army Command. The following paragraph was added to the text of Article 105 pursuant to Article 3 of Law No. 665 dated 2/4/2005: Conscripts who wish to extend their service after the end of their statutory service period may, in accordance with Army Command's needs, have their service extended for a period not exceeding five years at the rank they held, during which they shall receive a monthly allowance equivalent to the first-grade salary of a conscript at their rank; all legal provisions governing conscripts shall apply to them throughout their service period. A conscript who has extended his service shall be entitled to terminate his service at the end of any year of extension.

Amended 2005
ARTICLE 106

Registers with Specific Information Compiled by Army Command

The Ministry of Interior - Directorate-General of Civil Status - shall send to the Ministry of National Defence - Army Command - in the first month of each year, lists containing the information specified by the Ministry of National Defence - Army Command.

ARTICLE 107

Procedures for Calling Up and Notifying Persons Subject to Military Service

  1. 1)The Ministry of National Defence - Army Command shall be responsible for calling up those subject to military service and informing them of the conditions of such service through various media.
  2. 2)Those residing outside Lebanese territory shall be notified through the Ministry of Foreign Affairs and Emigrants in accordance with lists organised by Army Command.
  3. 3)Every Lebanese national residing on Lebanese territory who has completed his eighteenth year of age and has not received a military service call-up notice must present himself within three months of reaching that age to the agencies competent in military service affairs in the Army in the zone where he permanently resides, to receive the call-up notice and declare his place of residence; he shall not be considered a defaulter.
  4. 4)Every Lebanese national subject to military service obligations who wishes to leave Lebanese territory to reside abroad for one year or more must notify, before his departure, the Ministry of National Defence – Army Command and the Directorate-General of General Security, and upon arrival in his destination country, the consular office responsible for him.
  5. 5)Consular offices and embassies shall provide the Ministry of National Defence – Army Command with the addresses of the persons concerned.
ARTICLE 108

Deferral or Exemption from Military Service

  1. 1)The cases in which a Lebanese national is automatically exempted from military service, and the cases in which his call-up for military service may be deferred, shall be determined by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence.
  2. 2)A Lebanese national who submits a request demonstrating fulfilment of the conditions specified for this purpose in the decree referred to in paragraph 1 of this article may be finally or temporarily exempted from military service by decision of the Commander of the Army.
ARTICLE 109

Procedures for Deferring the Call-Up for Military Service

The text of the first paragraph of Article 109 was amended pursuant to Article 4 of Law No. 665 dated 4/2/2005 and now reads as follows: The call-up of citizens for military service shall be deferred for one renewable year within the conditions referred to in paragraph /1/ of Article 108 above, at least until he completes his thirty-third year of age, upon which he must perform his service. He may be finally exempted from military service by decision of the Commander of the Army in cases determined by the implementing instructions of this Legislative Decree.

Amended 2005
ARTICLE 110

Submission of Requests for Exemption and Deferral

Requests for exemption and deferral shall be submitted by the persons concerned to the Ministry of National Defence – Army Command.

ARTICLE 111

Cancellation of Deferral or Exemption from Military Service

Deferral or exemption shall be cancelled by decision of the Commander of the Army upon the request of the person concerned.

ARTICLE 134

Conditions for Promotion of Reserve Personnel

Reservists shall be promoted under the same conditions applicable to volunteers and conscripts, provided they:

  1. 1)Complete in active service and in the reserve the seniority required for each rank.
  2. 2)Have attended the training periods prescribed for them.
  3. 3)Pass the training courses qualifying them for promotion.
ARTICLE 135

Exceptional Promotion

Reservists shall not be promoted after reaching the statutory age limit specified in Articles 56 and 57 of this Legislative Decree. Exceptional promotion is permitted if the conditions specified in Articles 41 and 48 of this Legislative Decree are met.

ARTICLE 136

Rights of Reserve Personnel

Reservists in civilian life shall not receive any salaries or allowances except for entitlements legally determined for them.

1. For the organisation of calling up reservists for service in the Army, see Decree No. 2354/4/10 dated 1992.

ARTICLE 137

Training of Reserve Personnel

Reservists called up for training periods and phases shall benefit from the same rights as volunteers, with the exception of salary and supplementary allowances, if the training does not exceed one month. If the training period exceeds one month, they shall also benefit from a monthly allowance equivalent to the salary and supplementary allowances applicable to their rank.

ARTICLE 138

Salaries and Allowances for Reserve Personnel

The text of Article 138 was replaced pursuant to Article 17 of Legislative Decree No. 1 dated 26/9/1984 with the following text: Reservists called up pursuant to this Legislative Decree who are called up for a period exceeding two months shall benefit from the difference between the salaries and supplementary allowances applicable to their rank and their pension. If they received severance pay instead of a pension, they shall benefit from the difference between the salaries and supplementary allowances applicable to their rank and the pension calculated on the basis of the service for which the severance pay was paid.

ARTICLE 139

Calculation of Reserve Personnel Service

Services rendered by reservists called up pursuant to this Legislative Decree shall not count for the purpose of revising the pension and severance pay unless the period of call-up exceeds one year, continuous or intermittent; in that case they shall benefit from bonuses and additions for the period of their service.

ARTICLE 140

Positions of Reserve Personnel

Reservists working in public administrations and institutions, independent agencies and municipalities called up pursuant to this Legislative Decree shall have their posts preserved and shall return to them or to similar posts in the same competent administration.

ARTICLE 141

Extension of Reserve Call-Up Beyond One Month

If a reservist is called up for a period not exceeding one month and he is employed by a natural or legal person, that person shall be obliged to pay his wages and reinstate him in his previous work. If the period exceeds one month, the natural or legal person shall be obliged to reinstate the reservist in his previous work or in similar work, provided the said period does not exceed one year, at which point the reservist's entitlements shall be settled in accordance with applicable laws.

ARTICLE 142

Transfer Allowance for Reserve Personnel

The State shall bear the transportation allowances of reservists called up who are outside the country pursuant to prior authorisation from Army Command.

ARTICLE 143

Allowance Equivalent to a Reserve Serviceman's Salary

Reservists called up at least twice in the same year for periods each not exceeding one month shall benefit from a compensation equivalent to the monthly salary applicable to their rank including supplementary allowances. This compensation shall be paid at the end of the year during which the call-ups occurred; it may be cancelled or reduced by decision of the Commander of the Army for disciplinary, conduct or competence reasons to ensure the duties of the rank are fulfilled.

Subsection 3

Duties and Prohibitions

ARTICLE 15

The Ministry of National Defence

The Ministry of National Defence, with all its institutions, shall be subject to the authority of the Minister of National Defence, who shall be responsible for the execution of all its duties.

Amended 1984
ARTICLE 16

Composition of the Ministry of National Defence

The Ministry of National Defence shall be composed of the following principal institutions: - The Army. - The Directorate-General of Administration. - The Inspectorate-General. - The Military Council.

Amended 1984
ARTICLE 17

Composition of the Military Chamber Established at the Ministry of National Defence

1 - A Military Office shall be established at the Minister of National Defence, headed by an officer of the rank of colonel and above, comprising: - A Secretariat. - An Administrative Control Department, which shall:

  1. 1)Monitor the legality of administrative acts in the Ministry of National Defence.
  2. 2)Exercise the permitted control authority over credit accounting and public works.
  3. 3)- A Public Relations and Information Department.
  4. 4)- A Department of Lebanese Military Attachés Abroad.
  5. 5)- A Legal Affairs and Military Justice Department.
  6. 6)- A Department of Veterans.
  7. 7)The Head of the Military Office shall be appointed by decree upon the proposal of the Minister of National Defence after consulting the opinion of the Commander of the Army.
  8. 8)The staff establishment of the Military Office, conditions of appointment, working procedures, and powers and responsibilities of its personnel shall be determined by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence.
  9. 9)Military judges shall be appointed by decision of the Minister of National Defence upon the proposal of the Military Council.

1. The staff establishment of the Military Office at the Ministry of National Defence, conditions of appointment, working procedures, and powers and responsibilities of its personnel were determined pursuant to Decree No. 2788 dated 14/3/1980.

Amended 1984
ARTICLE 18

Composition and Command of the Army

1 - The Army shall comprise ground, air and naval forces organised under the command of the Commander of the Army. The Army shall be composed of: - Army Command. - Ground Forces. - Air Forces. - Naval Forces. - Military Academies. Army Command: Army Command shall be composed of: - The Commander of the Army. - The General Staff. The General Staff shall be subject to the direct authority of the Commander of the Army and shall be composed of: - The Chief of Staff. - Deputy Chiefs of Staff. Directorates, advisory bodies, resources and specialised agencies.

1. For the general organisation of the Army, its establishment, operating procedures, and powers and responsibilities of commanders and superiors, see: Decree No. 3771 dated 22/1/1981.

2. For the powers and responsibilities of the Commander of the Air Forces, see Article 34 of Decree No. 3771 dated 22/1/1981.

3. For the powers and responsibilities of the Commander of the Naval Forces, see Article 35 of Decree No. 3771 dated 22/1/1981.

Amended 1984
ARTICLE 19

Appointment of the Army Commander

The Commander of the Army shall be appointed by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence, from among general officers accredited to the General Staff who may not be placed in reserve. The Commander of the Army shall hold the rank of General, and such rank shall be designated the Commander of the Army's rank; he shall be directly attached to the Minister of National Defence.

ARTICLE 20

Duties of the Army Commander

The Commander of the Army shall be responsible for preparing the Army for its assigned missions, raising its combat readiness and commanding military operations, which requires: - Executing voluntary and compulsory enlistment. - Organising units and formations, defining their missions and management. - Executing alert and mobilisation operations upon their declaration. - Preparing plans, combat orders and logistical programmes. - Anticipating Army needs, maintaining equipment levels and completing procurement after receipt from the General Administration. - Commanding military operations. - Commanding security operations when the Army is charged with security maintenance duties. The Intelligence Directorate shall be attached to the Commander of the Army, except in matters of military security where it shall be attached to the Chief of Staff; it shall provide the Prime Minister and Vice-Chairman of the Supreme Defence Council with all information.

1. For the direct attachment of the Intelligence Directorate, the Guidance Directorate and the Documentation and Studies Centre to the Commander of the Army, see Articles 3, 4, 5 and 5 bis of Decree No. 3771 dated 22/1/1981 on the general organisation of the Army.

ARTICLE 21

Appointment of the Chief of Staff and Deputy Chiefs of Staff

The Chief of Staff shall be appointed by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence after consulting the opinion of the Commander of the Army, from among general officers accredited to the General Staff who may not be placed in reserve. The Chief of Staff shall deputise for the Commander of the Army in his absence and shall exercise his duties and powers throughout the period of his absence. Deputy Chiefs of Staff shall be appointed by decree upon the proposal of the Minister of National Defence with the recommendation of the Commander of the Army after consulting the opinion of the Chief of Staff, from among officers of the rank of colonel and above who may not be placed in reserve.

1. For an expanded treatment of the powers and responsibilities of Deputy Chiefs of Staff, see Articles 11 et seq. of Decree No. 3771 dated 22/1/1981 on the general organisation of the Army.

Amended 2011
ARTICLE 22

Duties of the Chief of Staff

The Chief of Staff shall assist the Commander of the Army in fulfilling his responsibilities and executing his duties by controlling the work of the General Staff departments, coordinating among them and assessing the combat readiness of the Army, which requires: - Expressing opinions on matters submitted to the Commander of the Army for appropriate decisions. - Overseeing the implementation of decisions taken. - Supervising the Army's readiness in terms of equipment and personnel. - Proposing methods and means to help develop the work of the General Staff and improve service levels for combat units. - Supervising manpower, preparation and reserve affairs. In operational situations determined by decree taken in the Council of Ministers, the Chief of Staff may refer to the Supreme Defence Council through the Minister of National Defence in the event of a divergence of views between him and the Commander of the Army.

1. For an expanded treatment of the powers and responsibilities of the Chief of Staff, see Articles 7 et seq. of Decree No. 3771 dated 22/1/1981 on the general organisation of the Army.

ARTICLE 23

Appointment of the Director-General of Administration and His Duties

1 - Appointment of the Director-General of Administration: The Director-General of Administration shall be appointed by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence, from among general officers accredited to the General Staff or Administration (register) who may not be placed in reserve. The Director-General shall be directly attached to the Minister of National Defence. 2 - Duties of the Director-General of Administration: First - Subject to the provisions of the Public Accounting Law and the powers of the Minister of National Defence and the Military Council as set forth in this Legislative Decree, the Director-General of Administration shall take the legal and regulatory measures and procedures to secure the Army's various needs and required services, to prepare the budget and monitor its execution, to monitor the use of funds of institutions attached to the Army establishment, and to manage the canteen institutions referred to in this article. Second - The working procedures between Army Command and the Directorate-General of Administration shall be determined by instructions issued by the Minister of National Defence upon the proposal of the Military Council. 3 - The Directorate-General of Administration shall be composed of: the Secretariat, the Supply Service, the Strength Service, the Engineering Service, the Geography Service, the Health Service, the Finance Service, and canteen institutions (the Economic Institution, the Officers' Mutual Aid Institution, the NCOs and Ranks Mutual Aid Institution, and the Civilian Employees Mutual Aid Institution).

1. The staff establishment of the Directorate-General of Administration at the Ministry of Defence, conditions of appointment, working procedures, and powers and responsibilities of its personnel were determined pursuant to Decree No. 3119 dated 14/6/1980.

Amended 2011
ARTICLE 24

Appointment of the Inspector-General and His Duties

1 - Appointment of the Inspector-General: The Inspector-General shall be appointed by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence, from among general officers accredited to the General Staff who may not be placed in reserve. The Inspector-General shall be directly attached to the Minister of National Defence.

  1. 1)Duties of the Inspector-General:
  2. 2)The Inspector-General shall be responsible for inspecting all institutions and departments of the Ministry of National Defence, and shall: verify the application of laws and regulations and the implementation of orders and instructions; and submit necessary proposals for the proper conduct of work in the various capacities of the Army, the Directorate-General of Administration and their activities.
  3. 3)The working procedures between Army Command and the Inspectorate-General shall be determined by instructions issued by the Minister of National Defence upon the proposal of the Military Council.
Amended 2011
ARTICLE 25

Composition of the General Inspectorate

The Inspectorate-General shall be composed of: - A Secretariat. - An Inspectorate of Education, Manpower and Sports. - An Inspectorate of Arms covering the use of all types. - A Health Inspectorate. - An Administrative Inspectorate for Personnel, Mutual Aid and Finance.

1. The staff establishment of the Inspectorate-General at the Ministry of National Defence, conditions of appointment, working procedures, and powers and responsibilities of its personnel were determined pursuant to Decree No. 2790 dated 14/3/1980.

ARTICLE 26

Composition of the Military Council

1 - The Military Council shall be composed of: - The Commander of the Army, as Chairman - The Chief of Staff, as Vice-Chairman - The Director-General of Administration, as Member - The Inspector-General, as Member - The Secretary-General of the Supreme Defence Council, as Member - A general officer appointed by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence after consulting the opinion of the Commander of the Army, as Member

  1. 1)The Chairman of the Council may invite any person he deems appropriate to attend Council meetings.
  2. 2)A secretariat called «the Secretariat of the Military Council» shall be established at the Military Council; its staff establishment shall be determined by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence.

1. The staff establishment of the Secretariat of the Military Council at the Ministry of National Defence, conditions of appointment, working procedures, and powers and responsibilities of its personnel were determined pursuant to Decree No. 2789 dated 14/3/1980.

Amended 1992
ARTICLE 27

Powers of the Military Council

  1. 1)The Military Council shall approve:
  2. 2)The organisation of all principal institutions of the Ministry of National Defence.
  3. 3)The assignments of regional commanders, corps, regiments and commanders of air and naval forces and military academy commanders and their equivalents, which shall be issued by decree.
  4. 4)The assignments of directors, branch chiefs and unit commanders in the Army establishment upon the proposal of the Commander of the Army.
  5. 5)The suspension of officers of the rank of colonel and above for a period exceeding one month.
  6. 6)The promotion of officers to the rank of captain and above; such promotions shall be issued by decrees upon the proposal of the Minister of National Defence.
  7. 7)The award of decorations to officers by decrees upon the proposal of the heads of principal institutions.
  8. 8)The withdrawal of decorations.
  9. 9)The Military Council shall also approve: conditions of admission of civilians to military academies and conditions of appointment therein; the establishment and organisation of military academies; the referral of officers to the Disciplinary Council; the secondment of military personnel to attend training courses abroad; categories and specifications of equipment, weapons and matériel; lists of candidates for the Military Academy and lists of graduates; the preparation of promotion lists for the rank of captain and above; the appointment of heads of study and intelligence committees; and the appointment of liquidators and officers charged with signing expenditure contracts.
  10. 10)The Military Council shall establish permanent instructions for the proper conduct of work in the principal institutions and manpower and equipment schedules.
  11. 11)The Military Council shall give its opinion on contracts at their various stages and shall examine special specifications.
  12. 12)The Military Council shall submit its recommendations to the Minister of National Defence regarding budget proposals, defence determination and the designation of military attachés.
ARTICLE 28

Meetings of the Military Council

The Military Council shall meet periodically in accordance with a schedule determined by its Chairman by decision at the beginning of each year. The Council may also meet exceptionally upon the request of the Minister of National Defence, or a convocation by the Chairman of the Military Council, or a request from half its members. A meeting of the Council shall not be valid unless five members are present. The resolutions of the Military Council shall be adopted by majority; in the event of a tie, the Chairman's vote shall be the casting vote. The Chief of Staff shall chair the Military Council in the event of the Chairman's absence. The deliberations and resolutions of the Military Council shall be strictly confidential.

ARTICLE 40

Definition of Promotion

Promotion is the transition from one rank to a higher rank.

ARTICLE 41

Promotion of Non-Commissioned Officers and Privates

  1. 1)A private may not be promoted to senior private before completing one year in service, and the proportion of senior privates must not exceed 25% of the total strength of privates and senior privates.
  2. 2)Promotion to the rank of corporal may not take place until two years in service have been completed.
  3. 3)A corporal may not be promoted to senior corporal unless he has completed one year in service in the rank of corporal, and the proportion of senior corporals must not exceed 25% of the total strength of corporals and senior corporals.
  4. 4)Promotion from sergeant to senior specialist may not take place unless the candidate has spent two years in the preceding rank, provided that seniority in service as corporal and corporal, or sergeant or sergeant together, is counted for promotion to the rank of sergeant.
  5. 5)5 -
  6. 6)The text of paragraph 5 of Article 41 was amended pursuant to Article 11 of Legislative Decree No. 1 dated 26/9/1984, substituting «Army Command» for «Military Council»:
  7. 7)Promotion of NCOs and ranks may only be effected for those who have fulfilled the legal conditions specified in a special regulation issued by decision of the Military Council.
  8. 8)Direct superiors shall draw up nomination lists for the promotion of NCOs and ranks, which shall be submitted through the chain of command to the Commander of the Army for decision.
  9. 9)The promotion of NCOs and ranks shall be by selection and decided by the Commander of the Army.
  10. 10)Students of the Military Academy and students of the NCO School shall be exempted from the provisions of this article and shall be subject for the purposes of promotion to the special regulations of each of these schools.
  11. 11)9 -
  12. 12)And replaced by the following text:
  13. 13)- NCOs and ranks may not be promoted after reaching the statutory age limit for their rank.
  14. 14)- While retaining their seniority qualifying for promotion, NCOs and ranks may be promoted exceptionally, contrary to promotion conditions and even during extended service, if it is established that they performed distinguished acts during combat operations, security operations or armed internal engagements, by decision of the Minister of National Defence upon the proposal of the Commander of the Army and with the approval of the Military Council.
  15. 15)The text of the third sub-paragraph of paragraph (9) of Article 41 was amended pursuant to Article One of Law No. 17 dated 10/2/2017 and now reads as follows:
  16. 16)Notwithstanding any other provision, the NCO or rank who is killed or martyred in any of the circumstances mentioned above, or in the course of an ordered flight or navigation mission, or who is killed or dies as defined in paragraph 1 of Article 94, shall be promoted to the next higher rank provided he did not benefit from a promotion for distinguished acts under the same circumstances; the deceased shall be deemed to have been promoted to the rank to which he was promoted, by decision of the Minister of National Defence upon the proposal of the Commander of the Army and with the approval of the Military Council.
  17. 17)- If the martyred NCO or rank was already on a study list for a higher rank before the date of his martyrdom, he shall be promoted to that rank by decision of the Minister of National Defence upon the proposal of the Commander of the Army and with the approval of the Military Council before applying the above provisions.
  18. 18)- If the martyred NCO holds the rank of senior specialist, he shall be promoted to the rank of second lieutenant and his entitlements shall be settled on the basis of the salary due in that rank.
  19. 19)A senior specialist shall be exceptionally promoted to the rank of second lieutenant when any of the conditions set out in paragraph 9 above are met, in accordance with the officer promotion procedures.
  20. 20)NCOs and ranks may not be promoted after retirement upon reaching the statutory age limit except when called up to complete service and upon performing outstanding acts of bravery, in which case they shall be exempted from the statutory age limit for the new rank.
  21. 21)The extended-service NCO (first year - second year - third year) who is killed or dies in any of the circumstances specified in paragraph 1 of Article 94 of the National Defence Law shall be promoted to the rank of «sergeant», by decision of the Minister of National Defence upon the proposal of the Commander of the Army and with the approval of the Military Council, and the effects of paragraph 1 of Article 94 of the National Defence Law shall apply to him.
Amended 1990Amended 2017Amended 2017
ARTICLE 42

Promotion of Officers

1 - The text of paragraph (1) of Article 42 was amended pursuant to Article One of Law No. 742 dated 15/5/2006 and now reads as follows: Officers shall be promoted within the limits of vacant posts and within the appropriations allocated in the budget, provided the candidate's name has been entered on the promotion list. As for the Military Academy and other military schools in Lebanon or abroad, the promotion of officer cadets therein shall be governed by decision of the Minister of National Defence upon the proposal of the Commander of the Army, provided promotion in these schools does not exceed the rank of senior specialist and the officer cadet has successfully completed the third year of study if it exceeds three years, including those spent at the Military Academy.

  1. 1)Seniority in the rank of second lieutenant shall be counted for promotion purposes and for the receipt of the salary difference on account of the period spent at the rank of senior first assistant in accordance with the conditions of paragraph 1 of this article. The period spent in reviewing annual studies after promotion to senior specialist rank shall not count for seniority in the rank of second lieutenant or for receipt of the salary difference.
  2. 2)The candidate's seniority in rank and service, his qualifications, general and professional competence and the assessment of his superiors shall be taken into account in selecting him for promotion.
  3. 3)The promotion of officers shall be issued by decree upon the proposal of the Minister of National Defence.
  4. 4)The names of candidates shall be entered on the promotion list in order of their seniority in rank, and promotions shall be effected in accordance with the order of this list. However, preference may be given when ordering names on the promotion list to those who have distinguished themselves through their service.
ARTICLE 43

Promotion of a Second Lieutenant to First Lieutenant

A second lieutenant shall be promoted to first lieutenant: - By selection after three years in the rank. - By seniority after four years in the rank.

ARTICLE 44

Promotion to the Rank of Captain and Above

The text of Article 44 was amended pursuant to Article 3 of Law No. 135 dated 14/4/1992 and now reads as follows:

  1. 1)Promotion to the rank of captain, colonel or major general shall be by selection after the candidate has spent at least four years in the rank immediately below it.
  2. 2)Promotion to the rank of major, lieutenant colonel or colonel shall be by selection after the candidate has spent at least five years in the rank immediately below it.

Article 45 The text of Article 45 concerning promotion from the rank of captain to major and from lieutenant colonel to colonel was repealed pursuant to Article 12 of Legislative Decree No. 1 dated 26/7/1984.

Amended 1992
ARTICLE 45

The text of Article 45 concerning promotion from the rank of captain to major and from lieutenant colonel to colonel was repealed pursuant to Article 12 of Legislative Decree No. 1 dated 26/9/1984.

ARTICLE 46

Determination of the Proportion of Officers Promoted from the Ranks

The proportion of officers promoted from the ranks relative to the total officers listed in the Army establishment referred to in Article 21 of this Legislative Decree shall be determined by decree upon the proposal of the Minister of National Defence with the recommendation of the Commander of the Army.

ARTICLE 47

Granting Seniority for Promotion

  1. 1)An officer may be granted a seniority credit for promotion of between approximately three and six months for distinguished acts performed during combat operations, security operations or armed internal engagements.
  2. 2)The seniority credit for promotion shall be granted by decree upon the proposal of the Minister of National Defence based on the recommendation of the Commander of the Army and the approval of the Military Council.
ARTICLE 48

Procedures for Promoting Officers

  1. 1)Officers shall be nominated for promotion once a year during the month of November. The nomination list must include all officers who have fulfilled the conditions for nomination.
  2. 2)The text of paragraph (2) of Article 48 was amended pursuant to Article 6 of Law No. 169 dated 29/08/2011 and now reads as follows:
  3. 3)Students of the Military Academy and other specialist and technical schools, as well as second lieutenants nominated for promotion to first lieutenant and officers nominated for the rank of major general, shall be exempted from the provisions of paragraph (1) of this article; the promotion of students to the rank of second lieutenant shall be governed by the procedures specified in their academy regulations, and to first lieutenant in accordance with the provisions of Article 43 of this Legislative Decree.
  4. 4)Before the first of December of each year, the Commander of the Army shall submit to the Minister of National Defence draft decisions for entering officers up to the rank of colonel on the promotion list.
  5. 5)The Minister of National Defence shall issue and publish during the month of December of each year a decision entering officers up to the rank of colonel on the promotion list based on the draft proposals referred to in paragraph 2 of Article 27 of this Decree.
  6. 6)The text of paragraph (5) of Article 48 was amended pursuant to Article 6 of Law No. 169 dated 29/08/2011 and now reads as follows:
  7. 7)The Minister of National Defence shall issue and publish during the month of December of each year a decision entering officers for the rank of colonel on the promotion list based on the proposals referred to in paragraph 2-2 of Article 27 of this Legislative Decree.
  8. 8)The organisation of the Army, its establishment, working procedures, and powers and responsibilities of commanders and superiors shall be issued by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence and after consulting the opinion of the Commander of the Army and the Council of State.
  9. 9)Army regulations and permanent instructions not provided for in this Legislative Decree shall be issued by decisions of the Minister of National Defence upon the proposal of the Commander of the Army and with the approval of the Military Council.
  10. 10)The text of paragraph (6) of Article 48 was amended pursuant to Article 6 of Law No. 169 dated 29/08/2011 and now reads as follows:
  11. 11)Decrees promoting officers from the lowest rank up to brigadier general shall be issued on the first of January and the first of July of each year; officers' names shall be arranged in these decrees in accordance with military seniority, taking into account the provisions of paragraph (5) of Article (42) of this Legislative Decree.
  12. 12)Officers may not be promoted after retirement upon reaching the statutory age limit except when called up to complete service and upon performing outstanding acts of bravery; in such case they shall be exempted from the statutory age limit for the new rank.
  13. 13)New text was added to paragraph (8) of Article 48 pursuant to Article 3 of Legislative Decree No. 604 dated 22/05/1990, then this text was entirely amended pursuant to Article 6 of Law No. 169 dated 29/08/2011 and Article One of Law No. 17 dated 02/10/2017 and now reads as follows:
  14. 14)Notwithstanding any other provision, an officer who is martyred during security operations or armed internal engagements, or in the event of an ordered flight or navigation, or who is killed or dies as defined in paragraph 1 of Article 94, shall be promoted to the next higher rank and shall be deemed martyred in the rank to which he was promoted.
  15. 15)If he was already entered on the promotion list for a higher rank before the date of his martyrdom, he may be promoted to that rank after the required minimum period before applying the provisions of the first part of this paragraph.
  16. 16)If the martyred officer holds the lowest rank, his entitlements shall be settled on the basis of the salary allocated for the highest grade in his rank.
  17. 17)If an officer dies without having exercised the right granted to him under paragraphs 6, 7, 8 and 9 of Article (51) of this Legislative Decree in accordance with the seniority and hierarchy attached thereto in those paragraphs, he may be retired at the higher rank after his promotion thereto and at the grade he would have been entitled to in that rank, notwithstanding any other provision and regardless of the period of active service he completed.
  18. 18)If an officer who is entered on the promotion list for a higher rank dies, he shall be promoted to that rank at the grade he would be entitled to therein, and his entitlements shall be settled in accordance with applicable laws.
  19. 19)The cadet officer (first year - second year - third year) who is killed or dies in any of the circumstances specified in paragraph 1 of Article 94 of the National Defence Law shall be promoted to the rank of second lieutenant, and the effects of paragraph 1 of Article 94 of the National Defence Law shall apply to him.

1. Article 21 of this Legislative Decree, before its amendment, provided as follows:

2. Pursuant to Article 4 of Law No. 135 dated 14/4/1992: «Decisions regarding those entitled during the remainder of the year 1992 referred to in paragraphs 3-5 of Article 48 of Legislative Decree No. 102 dated 16/9/1983 shall be issued before 30/6/1992 at the latest», for documentation purposes.

3. The phrase «...from each decision registering officers...» was corrected to read «...from each year a decision registering officers...» pursuant to a correction of a typographical error published in Official Gazette No. 43 dated 15/09/2011, for documentation purposes.

Amended 2011Amended 2011Amended 2017
ARTICLE 79

Calculation of Retirement Pension

The text of Article 79 was amended pursuant to Article One of Law No. 273 dated 11/3/1993, Article 4 of Law No. 718 dated 11/5/1998, the sole article of Law No. 2 dated 20/2/1999, Law No. 173 dated 14/2/2000 and Law No. 309 dated 03/04/2001 and now reads as follows:

  1. 1)The pension shall be settled on the basis of one quarter of the last monthly salary, calculated in accordance with the provisions of paragraph 2 below, multiplied by the number of years of service up to a maximum of forty years; the volunteer or the family of a volunteer who dies in service shall also receive, in addition, a severance payment equivalent to three months' salary for each year exceeding forty years.
  2. 2)For the purposes of calculating the pension and severance pay, one twenty-fourth of the value of the last grade in active service shall be added to the last basic monthly salary received by the volunteer at the date of termination of his service or at the date of his death, multiplied by the number of months the volunteer spent in service after his last increment.
  3. 3)- The result shall be multiplied by 85% (eighty-five percent).
  4. 4)The provisions of paragraphs 1 and 2 above shall apply to Articles 86, 88 and 94 of the aforementioned Legislative Decree.
  5. 5)The following paragraph was added at the end of the text of Article 79 pursuant to the sole article of Law No. 2 dated 20/2/1999, then this paragraph was amended pursuant to Law No. 309 dated 03/04/2001 and now reads as follows:
  6. 6)For the purposes of calculating the pension and severance pay for military personnel whose service ended during the years 1995, 1996, 1997, 1998, 1999 and 2000, the provisions of this law applicable to their counterparts whose service ended after 1/1/1999 shall apply to them, including the conversion of salaries and the new bases for calculating pension and severance pay, and their entitlements shall be re-settled on this basis.
  7. 7)The following paragraph was added to the text of Article 79 pursuant to Article 21 of Law No. 173 dated 14/2/2000:
  8. 8)The pension and severance pay calculated pursuant to the paragraphs of this article must not fall below the pension and severance pay calculated pursuant to previously applicable laws.

1. See Law No. 161 dated 13/8/1992 on amending certain provisions of the pension and discharge from service system.

2. Law No. 2/1999 was published in Official Gazette No. 9 dated 25/2/1999.

3. For the settlement of pensions and severance pay for institutions attached to the Ministry of National Defence, see Decree No. 172 dated 10/6/1989.

4. The provisions of this law referred to are the provisions of Law No. 718 dated 11/5/1998.

5. This amendment was published in Official Gazette No. 51 dated 12/11/1998.

Amended 1993Amended 1999Amended 2000
ARTICLE 80

Elements of Retirement Pension and Severance Pay

  1. 1)The following elements shall be included in calculating pension or severance pay: number of years of active service, bonuses and additions.
  2. 2)The bonuses added to years of active service are:
  3. 3)Double the period of active service completed in an operational combat zone in time of war, or during first-degree security operations in time of war and peace.
  4. 4)Double the period of active service completed outside an operational combat zone in time of war, and during second-degree security operations in time of peace and war.
  5. 5)Half the period of active service completed on the front lines during a truce, or during third-degree security operations in time of peace and war.
  6. 6)An addition equivalent to three days for each hour of military flight for aviators and pilots, provided the total of these additions does not exceed 18 months per calendar year; only half shall be counted upon receipt of severance pay.
  7. 7)The additions referred to in sub-paragraph «d» shall be counted in full for pension settlement purposes within the maximum limit provided for in Article 82 of this Legislative Decree; only half shall be counted upon receipt of severance pay.
  8. 8)An addition equivalent to three months for each year of active peacetime service aboard a naval vessel in Lebanon or abroad.
  9. 9)An addition for specialist officers equivalent to the number of years of university study completed at their own expense.
  10. 10)An addition for specialist physicians equivalent to the number of years of university and specialist study completed at their own expense.
  11. 11)Disability additions: granted to those who have acquired the right to a pension if it is established at the time of their retirement that they are suffering from a disability resulting from injuries or service-related illnesses or retired on account of them; these additions are calculated as follows:
  12. 12)- One year if the degree of disability is ten percent and below twenty percent.
  13. 13)- Two years if the degree of disability is 20% and below 40%.
  14. 14)- Three years if the degree of disability is 40% and below 60%.
  15. 15)- Four years if the degree of disability is 60% and below 70%.
  16. 16)- Five years if the degree of disability is 70% and below 80%.
  17. 17)- Six years if the degree of disability is 80% and below 90%.
  18. 18)- Seven years if the degree of disability is 90% and above.
  19. 19)The bonuses and additions referred to in paragraph 2 of this article shall not entitle the person concerned to a pension if he has not completed the minimum service period specified in this Legislative Decree in active service, but they shall be included in the calculation of severance pay, with the exception of the additions referred to in sub-paragraphs f, g and h, which are only included in the pension calculation.
  20. 20)Bonuses and additions shall be calculated in months; fractions of a month shall not be counted after aggregating bonuses and additions with active service; nor shall bonuses and additions exceeding 24 months per year of active service be counted.
  21. 21)The zones, circumstances and situations conferring the right to war bonuses shall be determined by decree issued upon the proposal of the Minister of National Defence.

1. The reference in this article is to Article 4 of Law No. 718/1998 which amended Article 79 of Legislative Decree No. 102/1983 (National Defence Law), i.e. the new amended text of Article 79, for documentation purposes.

2. Several decrees were issued determining the war bonuses granted to military personnel.

ARTICLE 81

Aggregation of Previous Service

  1. 1)For the purposes of pension and salary grade, service rendered in any of the armies and military formations listed below shall be credited to every Lebanese service member who was under arms on 10/2/1950; the relevant military formations and armies are:
  2. 2)The Gendarmerie and other military formations that were under the States covered by the French mandate.
  3. 3)Formations of the allied conventional armies during the war of 1939-1945.
  4. 4)- Such service shall only be counted if pension deductions were paid for it and if the service member was under arms on 20/6/1963.
  5. 5)- These pension deductions shall be calculated on the basis of the salaries of the Eastern Armies; war additions accrued during this period shall be counted in calculating the pension and severance pay.
  6. 6)If a retired person is reinstated in active service, he may request that his prior services be included in his pension or severance pay calculation, provided he submits a request to that effect within three months from the date of his return to service and reimburses the Treasury for amounts received pursuant to this Legislative Decree as follows:
  7. 7)By deducting 15% from his salary for pension contributions if called up to resume service as a reservist.
  8. 8)In a lump sum or in monthly instalments over the period of his new enlistment contract if he resumed service thereunder.
  9. 9)If he is subsequently discharged, the following measures shall be taken:
  10. 10)If discharged for non-service-related health reasons or at his own request before fully repaying the instalments, he shall receive severance pay instead of pension and the outstanding balance shall be deducted therefrom.
  11. 11)If dismissed before fully repaying the instalments, half the instalments paid shall be refunded to him and his entitlements settled on the basis of his new period of service.
  12. 12)If discharged for service-related health reasons and he receives a pension, the 15% deduction shall be applied to his pension until fully paid; if he receives severance pay, the outstanding balance shall be deducted therefrom.
  13. 13)If he dies during service for any reason, the provisions of sub-paragraph (c) of paragraph 3 of this article shall apply to his heirs.
ARTICLE 82

Maximum Limits of Retirement Pension

1 - The text of paragraph 1 of Article 82 was repealed pursuant to Article 3 of Law No. 273 dated 11/3/1993. h (1) - A volunteer whose service exceeds forty years, including war bonuses, shall receive, in addition to the pension to which he is entitled, a severance payment equivalent to two months' salary subject to pension deductions for each year exceeding this limit, whether in active service or bonuses. - A volunteer and the family of a volunteer who dies in service for any reason, whose service exceeds forty years including war bonuses, shall receive, in addition to the pension to which they are entitled, a severance payment equivalent to two months' salary subject to pension deductions for each year exceeding this limit, whether in active service or bonuses; the provisions of this paragraph shall apply as of the date of entry into force of this Legislative Decree, and to families of service members pursuant to the provisions of Article 94-1 and 2 of Legislative Decree No. 102 dated 16/9/1983 (National Defence) and its amendments as of 1/1/1989. If the disability additions referred to in sub-paragraph (h) of Article 80 of this Legislative Decree are included in calculating the service of the volunteer, he shall only be entitled to the severance payment referred to above for each year exceeding forty-five years, whether in active service or bonuses and additions. 2 - Officers holding the rank of General, whether already retired or to be retired in the future, shall enjoy the rights set out in the following table: The table annexed to Article 82 was replaced pursuant to Article One of Law No. 43/1988 dated 24/6/1988 by the table annexed to that law, then replaced pursuant to Article 5 of Law No. 718 dated 11/5/1998 by Table No. 7 annexed to that law, which reads as follows:

<table> <tr> <th>Rank</th> <th>Equipment Allowance</th> <th>Rank Allowance</th> </tr> <tr><td>General</td><td>100%</td><td></td></tr> <tr><td>Major General</td><td>100%</td><td></td></tr> <tr><td>Brigadier General</td><td>100%</td><td></td></tr> <tr><td>Colonel</td><td>100%</td><td></td></tr> <tr><td>Lieutenant Colonel</td><td>100%</td><td></td></tr> <tr><td>Major</td><td>100%</td><td></td></tr> <tr><td>Captain</td><td>100%</td><td></td></tr> <tr><td>First Lieutenant</td><td>100%</td><td></td></tr> <tr><td>Second Lieutenant</td><td>100%</td><td></td></tr> </table>

  1. 1)Paragraph 2 above shall apply as of the date of entry into force of this Legislative Decree and shall have no retroactive effect.
  2. 2)The entitlements of officers benefiting from the provisions of paragraph 2 above shall be determined by the Pension Settlement Committee and allocated to them in accordance with applicable procedures for allocating pensions.
  3. 3)An officer who previously held the post of Army Commander and who was a minister while in active service shall benefit from the entitlements determined by this Legislative Decree for the rank of General.
  4. 4)- 90% of the value of these entitlements shall be allocated to the family members of a martyred officer.
  5. 5)- 50% of the value of these entitlements shall be allocated to the family members of an officer who dies in service or in retirement.
  6. 6)- The entitlements of those benefiting from these allocations shall be determined by the Pension Settlement Committee, allocated to them and deducted therefrom in accordance with applicable pension allocation procedures, taking into account the provisions of Article 94-9 of this Legislative Decree.
  7. 7)- The provisions of this paragraph shall apply to prior cases of death and martyrdom without any retroactive effect.
  8. 8)Subject to the provisions of Article 98 of this Legislative Decree, the entitlements specified in the table referred to in paragraph «a» above shall be transferred to the entitled family members of the beneficiary upon the replacement of the driver and escort with the corresponding monetary allowance determined for them, in the proportions specified for each case as follows:
  9. 9)- 90% of the value of these entitlements for the family members of an officer martyred in service or who dies in service or in retirement.
  10. 10)- 75% of the value of these entitlements for the family members of an officer who dies in service or in retirement.
  11. 11)- The entitlements of those benefiting from these allocations shall be determined by the Pension Settlement Committee, allocated to them and deducted therefrom in accordance with applicable pension allocation procedures, taking into account the provisions of Article 94-9 of this Legislative Decree.
  12. 12)- The provisions of this paragraph shall apply to prior cases of death and martyrdom without any retroactive effect.

1. The text of the first passage of sub-paragraph (h) of Article 82 was repealed pursuant to Article One of Legislative Decree No. 621 dated 6/6/1990 (issued by the government of President Michel Aoun) and replaced by the following text:

2. Pursuant to Article One of Legislative Decree No. 594 dated 8/5/1990 (issued by the government of President Michel Aoun) and not published in the Official Gazette, paragraph 5 was added to Article 82.

Amended 1993Amended 1992
ARTICLE 83

Amendment of Retirement Pension

  1. 1)A pension may not be revised unless the retired person renders new services for a period of at least one year, continuous or intermittent; the periods of compulsory training to which reservists are called shall not be included in this period if the period ended thirty continuous days.
  2. 2)The pension shall not be added to the active service salary or its equivalent except for reservists upon their call-up and within the limits of Articles 137 and 138 of this Legislative Decree.
  3. 3)The pension of a volunteer retired after 1/7/1974 must not be less than the pension of a volunteer who retired before that date and benefited from the provisions of Law No. 40/64 dated 12/12/1964, if the latter had equal or greater seniority in service and rank.
ARTICLE 84

Right to Choose Between Retirement Pension and Severance Pay

  1. 1)Every officer discharged after acquiring the right to claim a pension, and who has completed at least twenty-five years in active service, shall have the right within one month of the date of his discharge to request that this pension be replaced by the severance pay provided for in Article 91 of this Legislative Decree.
  2. 2)Every non-officer volunteer discharged after acquiring the right to claim a pension shall have that pension allocated to him; he shall not be entitled to request that it be replaced by severance pay unless he is retired upon reaching the statutory age limit.
  3. 3)A volunteer who joins State institutions after his discharge shall not be entitled to severance pay or a pension; instead, the period he spent at the Ministry of National Defence shall be added to his subsequent State service.
ARTICLE 85

Types of Disability Pension

  1. 1)A disability pension shall be allocated to those who are permanently retired for health reasons resulting from service-related illnesses or injuries.
  2. 2)The disability pension shall be:
  3. 3)Temporary when the cause is incurable and the degree of disability is subject to increase or decrease.
  4. 4)Permanent when the cause is incurable and the degree of disability has been definitively determined within four years of the date of discharge.
ARTICLE 86

Settlement of Disability Pension and Severance Pay for Volunteers Discharged for Health Reasons

Disability pensions and severance pay for volunteers who are permanently discharged for health reasons shall be settled according to the degree of disability as follows: The text of the first passage before sub-paragraph (a) of Article 86 was amended pursuant to Article One of Law No. 17 dated 02/10/2017 and now reads as follows: 1 - If a volunteer, regardless of his seniority in service, is discharged because of an infirmity, illness or injury sustained in any of the following circumstances: - During an armed engagement with an enemy, armed gangs or groups disturbing security. - As a result of an assault suffered in the course of performing his duties. - While performing an altruistic act to save the life of another. - During military manoeuvres, field training or other training exercises conducted.

He shall receive a disability pension equivalent to:

  1. 1)60% of the last month's salary subject to pension deductions if the degree of disability is 30% and below 50%.
  2. 2)85% of the last month's salary subject to pension deductions if the degree of disability is 50% and below 75%.

The text of sub-paragraph (c) of paragraph (1) of Article 86 was amended pursuant to Article One of Law No. 17 dated 10/02/2017 and added as follows:

  1. 1)75% of the salary subject to pension deductions allocated to the highest grade of the rank immediately above his rank, including above-ceiling grades, if the degree of disability is 75% and above; the pension allocated to the sergeant and corporal ranks shall be calculated on the basis of the rank of sergeant, and the pension allocated to the senior specialist and officer cadet shall be calculated on the basis of the rank of second lieutenant, provided the salary of the rank above exceeds his salary by at least one grade.
  2. 2)30% of the last month's salary subject to pension deductions if the degree of disability is 20% and below 30%.
  3. 3)If the degree of disability is below 20%, he shall receive severance pay plus 100%.
  4. 4)If a volunteer, regardless of his seniority in service, is discharged because of an infirmity, illness or injury resulting from service in circumstances other than those described in paragraph 1 of this article, he shall receive a disability pension equivalent to:
  5. 5)One-third of the last month's salary subject to pension deductions if the degree of disability is 30% and below 50%.
  6. 6)Half of the last month's salary subject to pension deductions if the degree of disability is 50% and below 75%.
  7. 7)75% of the last month's salary subject to pension deductions if the degree of disability is above 75%.
  8. 8)One-quarter of the last month's salary subject to pension deductions if the degree of disability is 20% and below 30%.
  9. 9)If the degree of disability is below 20%, he shall receive severance pay plus 75%.
  10. 10)If a volunteer is discharged because of an accident or illness not attributable to service but exacerbated by it, his entitlements shall be settled as follows:
  11. 11)If he has completed 15 years in service, he shall receive a pension based on his service including 50% of the disability additions referred to in Article 80 of this Legislative Decree.
  12. 12)If he has not completed fifteen years in service, he shall receive the severance pay due to him plus an addition of 30% of that severance pay.
  13. 13)If the volunteer has completed fifteen years, he shall be retired and benefit from the additions referred to in Article 80 of this Legislative Decree according to the degree of disability.
  14. 14)If the volunteer's entitlements under paragraphs 1, 2 and 3 of this article conflict with his entitlements under paragraph 4 of this article, the more favourable entitlements shall be granted.
ARTICLE 87

Determination of Temporary Disability Pension

1 - The temporary disability pension for volunteers of all ranks shall be determined for a period of two years, renewable once after a medical examination and after reviewing the temporary disability pension at the end of each period to increase or decrease it if the disability changes by not less than 10%.

In any event, the temporary disability pension may not be increased if the increase in the degree of disability is due wholly or in part to factors external to the primary cause of disability, such as ageing, fatigue, intemperance, misconduct, etc.

  1. 1)The disability pension shall be cancelled when the degree of disability disappears or falls to a level that does not give the right to claim this pension; in such case the following measures shall be taken:
  2. 2)The amounts received by the person while in temporary disability shall be retained as an acquired right for him.
  3. 3)The competent authority may, if the conditions for fitness for military service are met, return the person to active service either by resuming the remaining period of his previous employment contract that was suspended due to his disability, or under a new contract.
  4. 4)The entitlements (pension, severance pay) of the person concerned shall be settled upon his final discharge in accordance with applicable laws on the basis of total completed service.
  5. 5)The person concerned shall be entitled, if he does not resume service, to claim severance pay or pension entitlements in accordance with applicable laws as of the date of cancellation of his temporary disability pension on the basis of his total prior service before the temporary disability period, taking into account the remaining degree of disability.
  6. 6)The time spent in temporary disability shall not be counted as active service.
  7. 7)The authority that ordered the grant of temporary disability pension shall be the one to decide on fitness to resume service for the reasons stated in paragraph 1 of this article.
ARTICLE 88

Affliction with Mental Illness, Blindness, or Paralysis

If the service member becomes insane after completing five or more years in service, he shall receive a disability pension equivalent to half of the last month's salary applicable to pension deductions plus full family allowance. Such salary shall also be received regardless of the length of service if he is afflicted, in circumstances not appropriate for service, with total paralysis, complete blindness, or a degree of visual impairment that threatens complete blindness within four years of the occurrence of the injury, or a similar condition that renders the person unable to manage his own affairs, provided these conditions are determined by the Medical Investigation Committee.

ARTICLE 89

Right to Choose the Higher Pension

If a person has the right to a temporary or permanent disability pension and his service also entitles him to a retirement pension, he shall benefit from whichever pension is greater in amount.

ARTICLE 90

Family Allowances for Retirees

Retired military personnel shall receive family burden allowances as provided for in applicable laws.

ARTICLE 91

Right to Severance Pay or Retirement Deductions

The right to severance pay or pension entitlements shall be as follows:

  1. 1)Every NCO or rank discharged from service in accordance with the provisions of paragraph 3 of Article 57 of this Legislative Decree shall be granted severance pay or pension entitlements, subject to the following provisions:
  2. 2)Pension deductions withheld from his salaries shall be refunded to him if his active service is less than ten years.
  3. 3)He shall receive severance pay if his service is ten years or more.
  4. 4)Every NCO or rank discharged from service in accordance with paragraphs 4 and 5 of Article 57 of this Legislative Decree shall receive severance pay regardless of his seniority in service.
  5. 5)Every officer discharged before acquiring the right to claim a pension shall be subject to the following provisions:
  6. 6)He shall receive severance pay:
  7. 7)- If discharged permanently from service in accordance with the provisions of Articles 51 and 53 of this Legislative Decree, except by resignation, even if he has not completed ten years in service.
  8. 8)- If he is a pilot officer and discharged at his own request, provided he has completed at least 12 years in active service, of which eight years as a licensed pilot in aerial operations.
  9. 9)- If he is a specialist officer and discharged at his own written request in accordance with applicable Army laws and regulations for a minimum period of five years.
  10. 10)He shall receive severance pay plus an addition of five thousand Lebanese pounds:
  11. 11)- A pilot officer discharged with severance pay, provided his active service has not reached 15 years and at least eighteen months have elapsed since his return from a training course abroad.
  12. 12)c -
  13. 13)The text of sub-paragraph (c) of paragraph (3) of Article 91 was amended pursuant to Article 8 of Law No. 169 dated 29/08/2011 and now reads as follows:
  14. 14)He shall receive severance pay upon resignation after completing ten years in service; upon resignation before completing ten years in service, he shall receive pension deductions.
Amended 2011
ARTICLE 92

Calculation of Severance Pay

The text of Article 92 was amended pursuant to Article One of Law No. 273 dated 11/3/1993 and now reads as follows:

  1. 1)Severance pay referred to in Article 91 and calculated in accordance with paragraph 2 of Article 79 shall be computed as follows:
  2. 2)One month's salary for each of the first ten years of service.
  3. 3)Two months' salary for each year following the tenth year up to thirty years of service.
  4. 4)Three months' salary for each year exceeding thirty years of service.
  5. 5)The additions and bonuses referred to in Article 80 shall be included in the calculation of severance pay when active service is ten years or more.
  6. 6)A volunteer discharged from service for health reasons whose active service is less than ten years shall be paid severance pay equivalent to:
  7. 7)- One month's salary for each year of active service.
  8. 8)- Two months' salary for each additional year.
Amended 1993
ARTICLE 93

Limits of Severance Pay

Severance payments from service shall be made within the limits set out in this Legislative Decree.

ARTICLE 94

Transfer of Retirement Pensions and Severance Pay to the Families of Volunteers

The text of paragraph (1) of Article 94 was amended pursuant to Article 9 of Law No. 169 dated 29/08/2011, then replaced pursuant to Article One of Law No. 17 dated 10/02/2017 and now reads as follows:

  1. 1)If a volunteer is shot dead or killed by any other weapon during an armed engagement with the enemy in time of war, or during security operations within the country in time of war and peace, or in an ordered flight or navigation mission, or during military manoeuvres, field training or other training exercises conducted, or if he dies during his disability period and pending his final discharge from the Army for health reasons and the injury he sustained in the aforementioned circumstances was the direct cause of his death, his family shall be granted a pension equal to the basic salary subject to pension deductions allocated to the highest grade of the rank immediately above his rank, including above-ceiling grades, provided the salary of the rank above exceeds his salary by at least one grade.
  2. 2)If a volunteer is killed following an assault sustained in the course of performing his duties, or while performing an altruistic act to save the life of another, his family shall be granted a pension equivalent to 75% of the pension determined pursuant to paragraph 1 of this article.
  3. 3)However, if the application of sub-paragraph (a) of paragraph four below grants better entitlements, those entitlements shall be granted.
  4. 4)If a volunteer dies as a result of an accident or service-related illness occurring in circumstances other than those specified in the two preceding paragraphs, his family shall be granted a pension equivalent to fifty percent of the pension determined in paragraph 1 of this article.
  5. 5)However, if the application of sub-paragraph (a) of paragraph four below grants better entitlements, those entitlements shall be granted.
  6. 6)If a volunteer dies as a result of an illness not attributable to service but exacerbated by it:
  7. 7)If his service is eighteen years or more:
  8. 8)His family shall receive the pension he would have been entitled to on the day following the date of his death.
  9. 9)If his service is less than eighteen years but not less than five years:
  10. 10)His family shall receive a pension equivalent to 75% of the entitlements calculated on the basis of one forty-fifth of his last month's salary before his death for each year of service including war bonuses.
  11. 11)If his service is less than five years:
  12. 12)His family shall receive severance pay plus a compensation equivalent to 100% of the severance pay.
  13. 13)If a volunteer dies as a result of an accident or illness not attributable to service:
  14. 14)If his service is eighteen years or more:
  15. 15)His family shall receive the pension he would have been entitled to on the day following the date of his death.
  16. 16)If his service is less than eighteen years:
  17. 17)His family shall receive severance pay plus a compensation equivalent to 50% of the severance pay.
  18. 18)If the NCO's or rank's active service is 18 years or more, his family shall receive the pension and shall not be entitled to replace it with severance pay.
  19. 19)The heirs of officers who die in service may request within three months of the date of death that the pension be replaced by severance pay.
  20. 20)Paragraph (8) of Article 94 was repealed pursuant to Article One of Law No. 239 dated 22/10/2012.
  21. 21)The text of paragraph 9 of Article 94 was amended pursuant to Article One of Law No. 273 dated 3/11/1993 and now reads as follows:
  22. 22)In the event of the death of one of the family members receiving a pension, or in the event of the pension being cut off from any of them for any reason, the remaining eligible family members shall receive the full pension which shall be redistributed equally among them.
  23. 23)The provisions of this article shall apply as of the date of entry into force of this Legislative Decree to unmarried volunteers and to the families of volunteers who were martyred or died after 12/6/1959.

1. The text of sub-paragraph (b) of Article 3 of Legislative Decree No. 594 dated 8/5/1990 (issued by the government of President Michel Aoun) was repealed and replaced by the following: two months' salary for each year following the tenth year of active service regardless of their number, for documentation purposes.

ARTICLE 95

Financial Aid for Families of Deceased Volunteers

In addition to the pension, the families of volunteers referred to in Article 94 shall receive the financial grants set out below:

  1. 1)A volunteer covered by paragraph 1 or 2 of Article 94:
  2. 2)A financial grant equivalent to one year's salary including allowances supplementary to the salary of the deceased volunteer in active service.
  3. 3)His children shall be admitted to schools at State expense within the limits of appropriations allocated for this purpose in the budget.
  4. 4)A volunteer covered by Article 94-3: a financial grant equivalent to one year's salary including allowances supplementary to the salary of the deceased in active service.
  5. 5)A volunteer covered by paragraph 4 or 5 of Article 94:
  6. 6)a financial grant equivalent to one year's salary including allowances supplementary to the salary of the deceased in active service.
ARTICLE 96

Parents' Share of the Rights of a Martyr or Deceased Volunteer

Notwithstanding any other provision, the spouse of a martyr of the field of honour shall benefit from his full share of the pension or severance pay and from the mutual aid institution regardless of his financial situation. 1 - The father of a martyred deceased volunteer and the mother shall receive their share in the pension or severance pay and from the mutual aid institution regardless of their financial or family situation, if the deceased was unmarried or married without children. The following paragraph was added to paragraph 1 of Article 96 pursuant to Article 16 of Legislative Decree No. 1 dated 26/9/1984: If the unmarried person is martyred after the death of his parents, his minor or disabled siblings and unmarried sisters shall receive the share of their parents in the pension or severance pay and from the mutual aid institution. The provisions of the preceding paragraph shall apply as of 16/9/1983.

  1. 1)The father of a deceased volunteer who dies in service or in retirement and the mother shall receive their share of the pension or severance pay and from the mutual aid institution even if they have another child or children other than the deceased, provided the following conditions are all met:
  2. 2)If the deceased was unmarried or married without children.
  3. 3)If the father is unable to work.
  4. 4)If both parents are indigent.
  5. 5)A widowed mother shall receive her share if she is indigent regardless of the family situation of her deceased child.
Amended 2018Amended 1984
ARTICLE 97

Financial Aid for the Parents of a Deceased Volunteer

  1. 1)If the father of an unmarried or childless married deceased volunteer and the mother do not meet the conditions specified in Article 96 for receiving a pension or severance pay, they shall receive a financial grant to defray funeral expenses for their child, determined as follows:
  2. 2)One year's salary including allowances supplementary to the salary of the deceased in active service if the death resulted from circumstances specified in Article 94-1 of this Legislative Decree.
  3. 3)Six months' salary including allowances supplementary to the salary of the deceased in active service if the death resulted from circumstances specified in paragraphs 2 and 3 of Article 94 of this Legislative Decree.
  4. 4)Three months' salary including allowances supplementary to the salary of the deceased in active service if the death resulted from circumstances specified in paragraph 4 or 5 of Article 94 of this Legislative Decree.
  5. 5)The grants specified in this article shall be paid to whoever meets the funeral expenses, whether the father or the mother; if the father or mother are unable to receive the grant, it shall be paid to the closest relative of the deceased service member who bore the funeral expenses.
ARTICLE 98

Rights of the Wife of the Deceased General/Army Commander

The wife of the late Commander of the Army who dies in active service shall be entitled, as long as she has not lost her right to a pension or severance pay, to the benefit of one military car driver or a financial compensation equivalent to a private first class soldier's salary in lieu thereof, at her choice.

ARTICLE 99

Committee for Settlement of Retirement Pensions and Severance Pay

A Pension Settlement Committee shall be constituted by decree and shall be composed of: - A commanding officer or principal general officer, as Chairman - Two officers, as Members - An official from the Ministry of Finance of the rank of department head and above, as Member - The Head of the Army Pension Office, as Member and Rapporteur

ARTICLE 112

Prohibitions on Persons Subject to Military Service Obligations

  1. 1)Every Lebanese national subject to military service obligations who cannot prove that he has fulfilled those obligations shall be prohibited from exercising the following rights:
  2. 2)Voting and standing for election to various bodies, councils and other institutions.
  3. 3)Employment in any position or work in the public and private sectors, including contractual work.
  4. 4)Practising any liberal profession.
  5. 5)Departing from Lebanese territory.
  6. 6)Enrolling in schools and universities.
  7. 7)-
  8. 8)The text of paragraph 2 of Article 112 was amended pursuant to Article 5 of Law No. 665 dated 4/2/2005 and now reads as follows:
  9. 9)A priority, the conditions of which shall be determined by decrees taken in the Council of Ministers, shall be given to conscripts who have fulfilled their military service obligations for entry into various armed forces.
  10. 10)Every Lebanese national subject to military service obligations who proves that he is legally exempted, deferred, or against whom a judicial decision was issued necessitating his failure to comply, shall be exempted from the provisions of paragraph 1 of this article.

1. See Decree No. 3778 dated 13/7/1993 on determining cases of statutory exemption and deferral from military service obligations. See also Law No. 245 dated 7/12/1993 on the final exemption from military service in exchange for payment.

ARTICLE 113

Laws Applicable to the Conscript Throughout His Active Service

All laws, regulations and instructions applicable to volunteers pursuant to this Legislative Decree shall apply to conscripts throughout their active service period.

ARTICLE 144

Subjecting Reserve Personnel to Laws Applicable to Volunteers

Called-up reservists shall be subject, in accordance with the duration of their call-up, to all laws, regulations and instructions applicable to volunteers.

ARTICLE 145

Jurisdiction of Military Courts

Military courts shall hear disputes arising from the application of Article 146 of this Legislative Decree.

ARTICLE 146

Punishment of Defaulting Reserve Personnel

A reservist who fails to respond to the call-up to report to the designated post within a period exceeding 48 hours shall be considered a defaulter and shall be punished by the penalty provided for in Article 107 of the Military Justice Law.

Subsection 4

Rights and Allowances

ARTICLE 49

Permitted Assignments

  1. 1)The duration of command positions and career postings shall be limited to three years, extendable by one year exceptionally. Army Command shall observe this principle in the assignments it issues.
  2. 2)The following shall be exempted from the provisions of paragraph 1 of this article:
  3. 3)The Commander of the Army (General).
  4. 4)The Chief of Staff.
  5. 5)c -
  6. 6)The text of sub-paragraph c of paragraph 2 was replaced pursuant to Article 13 of Legislative Decree No. 1 dated 26/9/1984 by the following text:
  7. 7)Members of the Military Council, specialists, artists and technicians whose categories are determined by decision of the Minister of National Defence.
  8. 8)A military office may not be combined with any ministerial post; if an officer is assigned to a ministerial post, he may retain the right to return to his position after the end of his ministerial term.
  9. 9)Assignments to and from the Secretariat-General of the Supreme Defence Council, the Inspectorate-General, the Directorate-General of Administrative Control and the Military Office at the Minister of National Defence shall be decided by the Minister upon the proposal of the Commander of the Army. Assignments to other military posts shall be made by decision of the Commander of the Army concerned with the approval of Army General Staff, except those provided for in Article 27 - paragraph d - of this Legislative Decree.
  10. 10)Assignments to and from the Secretariat-General of the Supreme Defence Council shall be subject to the approval of the Vice-Chairman of the Supreme Defence Council.

1. The numbering in paragraph (9) of Article 6 was corrected to read 6, 7, 8 and 9 of Article 51 instead of 8, 9, 10 and 11 of Article 51, pursuant to the sole article of Law No. 184 dated 10/05/2011, for documentation purposes.

ARTICLE 100

Determination of Administrative and Financial Procedures of the Ministry of National Defence

The manner and procedures for completing the administrative and financial transactions pertaining to the Ministry of National Defence shall be determined by decree taken in the Council of Ministers, observing the principles and procedures provided for in applicable State laws and regulations.

ARTICLE 114

Conscript's Allowances

A conscript shall receive during his service period a fixed symbolic monthly allowance determined by decree taken in the Council of Ministers; the conditions of accommodation, housing and clothing shall be determined in the same manner. The Commander of the Army may grant additional allowances as work incentives during conscripts' civil or security services within the limits of available appropriations, not exceeding 50% of the fixed symbolic monthly allowance mentioned above.

ARTICLE 115

Rights and Services of the Conscript

A conscript shall personally benefit during his service period from all the rights and services available to volunteers, with the exception of salary.

ARTICLE 116

Competitions and Examinations

A conscript may sit for competitions or examinations conducted by public administrations and institutions, independent agencies, municipalities or private institutions during his service period.

ARTICLE 117

Status of the Employee or Worker Performing Military Service

  1. 1)The salary or wages of a civil servant or employee called up for military service shall be suspended immediately upon his separation from his post or work.
  2. 2)A civil servant or employee shall be reinstated immediately upon his discharge to the post or work he held before performing military service, and the period he spent in military service shall be counted towards seniority in rank and salary; if the employer delays his reinstatement or resumption of work, he shall be entitled to salary or wages from the date of his discharge, provided his situation is finally settled in accordance with the provisions of Article 126 of this Legislative Decree.
  3. 3)A conscript may, at his request upon completing military service, be reinstated in active service as a volunteer at the same rank under conditions determined by Army Command; in such case the period of his military service shall be counted.
ARTICLE 118

Conscript Not Wishing to Return to His Previous Post

A conscript who does not wish to return to his previous post or work must inform his military superiors of this at least forty-five days before the date of his discharge, so that the employer may be notified at least thirty days before the date of discharge.

ARTICLE 119

Conscript's Resignation from His Previous Post

A discharged conscript who does not return to his previous place of work within fifteen days of the date of his discharge shall be deemed to have resigned unless there are force majeure circumstances, to be assessed by: - The Civil Service Board if he was a civil servant, employee, worker or contractor in other public sector administrations and institutions. - Military courts if he was employed in the private sector.

The entitlements of the discharged person deemed to have resigned from his previous post or work shall be settled in accordance with applicable laws and regulations.

ARTICLE 120

Conscript Exposed to an Injury or Accident

If a conscript sustains an injury or accident during his service, the provisions of this Legislative Decree applicable to volunteers of equivalent rank shall apply to him, on the basis of that volunteer's salary.

ARTICLE 121

Employer's Refusal to Reinstate the Conscript to His Previous Post

In the event that an employer refuses to reinstate a conscript in his previous employment, the latter shall be entitled, in addition to his rights under applicable laws — excluding the compensation specified in sub-paragraph (a) of Article 50 as amended of the Labour Law — to a special compensation of not less than one full year's salary or wages on the basis of the salary or wages he was receiving at the date of his call-up for military service, as damages, if he is still physically fit for work. If the conscript was working in the public sector before his call-up, he shall be reinstated by operation of law in his work after the end of his service period in accordance with the provisions of paragraph 2 of Article 117 of this Legislative Decree, and the period of his military service shall count as actual service in the post he held at the time of his call-up.

ARTICLE 147

Entitlement to Rights Applicable to Volunteers

Reservists called up for service for a period exceeding one month, as well as their dependant family members, shall benefit during that period from the rights applicable to volunteers as specified in Article 68 of this Legislative Decree.

ARTICLE 148

Conscript Reserve Serviceman's Voluntary Enlistment in Active Service

- Reserve conscripts shall be entitled, during their reserve period, to request enlistment in active service at the rank they hold, provided they sit a competency examination the procedures and conditions of which shall be determined by decision of the Commander of the Army. They shall be enlisted at that rank in accordance with the procedures applicable to volunteers pursuant to this Legislative Decree. As for the reservists referred to in paragraph 3 of Article 130 of this Legislative Decree who are called up for service for a period exceeding one year and are subsequently discharged, they shall be entitled to receive severance pay equivalent to two months' salary for each year of service, calculated on the basis of the last basic salary they received.

Subsection 5

Penalties

ARTICLE 50

The Officer's Rank Is His Own

An officer's rank belongs to him; he shall not lose it nor shall it be stripped from him except in cases provided for by law.

ARTICLE 51

Statuses of the Officer

An officer shall be in one of the following situations:

  1. 1)Active service: the situation of an officer performing his duties, or on sick leave at home or in hospital, or on authorised leave, annual leave, a mission or as a prisoner of war.
  2. 2)Suspension from service: the situation of an officer removed from his duties temporarily or permanently for a disciplinary reason.
  3. 3)Disability: an officer shall be considered in a state of disability when he is unable to perform his duties for health reasons pursuant to a decision of the Medical Investigation Committee; disability may be temporary or permanent.
  4. 4)Resignation: the officer's separation from service upon his written request and acceptance of his resignation by decree.
  5. 5)5 -
  6. 6)The text of paragraph (5) of Article 51 was amended pursuant to Article 7 of Law No. 169 dated 29/08/2011 and now reads as follows:
  7. 7)Retirement: an officer shall be considered retired:
  8. 8)Upon his discharge from service at his own request after completing at least twenty years in service, including the period spent in temporary disability.
  9. 9)Upon his mandatory discharge upon reaching the statutory age limit, provided his service is not less than twenty years.
  10. 10)This amendment shall apply to active service situations always as set out in this Legislative Decree.
  11. 11)Paragraphs 6 and 7 were added to Article 51 pursuant to Article One of Law No. 641 dated 02/06/1997, then paragraph 7 was repealed pursuant to Article One of Law No. 217 dated 29/05/2000, provided that those in active service on 01/06/2000 who were entered on promotion lists for the year 2000 continued to benefit from the provisions of the amended Article 7.
  12. 12)Then paragraph 6 was repealed and the following provisions were added to the same article pursuant to Article 7 of Law No. 169 dated 29/08/2011 as follows:
  13. 13)- 6 - Upon completing four years in his rank, a brigadier general shall be entitled, once only, to submit a written resignation request during the month of January for those reaching the said seniority on 1/1 and during the month of July for those reaching it on 1/7; he shall then be retired and his entitlements settled on the basis of his salary at the rank of major general had he remained in service until the age of fifty-eight, plus two grades, provided he is below the age of fifty-six at the time of exercising this right.
  14. 14)- 7 - If a colonel is not promoted to a higher rank after his first, second or third nomination, he shall be entitled to submit a written resignation request during the month of January for those nominated on 1/1 and during the month of July for those nominated on 1/7; he shall then be retired at the higher rank after promotion thereto and at the grade he is entitled to in that rank, notwithstanding any other provision and regardless of the period of active service completed.
  15. 15)- 8 - If a lieutenant colonel is not promoted to a higher rank after his first, second or third nomination, he shall be entitled to submit a written resignation request during the month of January for those nominated on 1/1 and during the month of July for those nominated on 1/7; he shall then be retired at the higher rank after promotion thereto and at the grade he is entitled to in that rank, notwithstanding any other provision and regardless of the period of active service completed.
  16. 16)- 9 - If a major is not promoted to a higher rank after his third nomination, he shall be entitled to submit a written resignation request during the month of January; he shall then be retired at the higher rank after promotion thereto and at the grade he is entitled to in that rank, notwithstanding any other provision and regardless of the period of active service completed. Officers appointed directly as specialist officers who have not completed fifteen years in active service shall be exempted from the provisions of this paragraph.
  17. 17)- 10 - The counting of the number of promotion nominations for the rank above for officers covered by paragraphs 7, 8 and 9 of this article shall begin after the date of entry into force of this law.
  18. 18)- 11 - If a colonel, lieutenant colonel or major fails to exercise the rights provided for in paragraphs 7, 8 and 9 of this article, he shall continue in his rank until the end of his service and shall forfeit the right to nomination for promotion and also to promotion to a higher rank.
  19. 19)- 12 - Exceptionally, within one month of the date of publication of this law, brigadier generals in active service not covered by Law No. 217 dated 29/05/2000, as well as colonels and lieutenant colonels in active service, may submit their resignations and be retired regardless of their period of service, and their entitlements shall be settled as follows:
  20. 20)- Brigadier generals: entitlements shall be settled on the basis of the salary each of them would have been entitled to had he remained in service until the age of fifty-eight, plus four grades, not exceeding the eleventh grade in that rank.
  21. 21)- Colonels: entitlements shall be settled on the basis of the higher rank after promotion thereto as follows:
  22. 22)- Those with up to two years seniority in rank shall receive the grade due to them upon promotion plus one additional grade.
  23. 23)- Those with more than two years and up to four years seniority in rank shall receive the grade due to them plus two additional grades.
  24. 24)- Those with more than four years seniority in rank shall receive the grade due to them plus three additional grades.
  25. 25)- Lieutenant colonels: entitlements shall be settled on the basis of the higher rank after promotion thereto as follows:
  26. 26)- Those with up to two years seniority in rank shall receive the grade due to them upon promotion plus one additional grade.
  27. 27)- Those with more than two years and up to three years seniority in rank shall receive the grade due to them plus two additional grades.
  28. 28)- Those with more than three years seniority in rank shall receive the grade due to them plus three additional grades.
  29. 29)- The provisions of the paragraphs above of paragraph 12 shall benefit all officers whose names were entered on promotion lists during the year of issuance of this law and for the same year, in accordance with the rank to which they were nominated.

1. Article 2 of Law No. 641 dated 6/2/1997 provided as follows: «Exceptionally, and for one time only, brigadier generals and colonels in active service regardless of their seniority in rank are permitted to benefit from this law until 12/12/1997».

2. The text of paragraph 7 repealed by Law No. 217/2000: «A brigadier general may apply for resignation from the Army; if accepted, he shall be retired and his entitlements settled on the basis of the rank of major general in active service until age fifty-nine, except for the position referred to exclusively in this paragraph; however, he shall forfeit this right if he fails to exercise it two years before reaching the statutory age limit for the rank of brigadier general».

3. See the Constitutional Council decision dated 15/6/2000 concerning Law No. 217/2000.

Amended 1997Amended 2011
ARTICLE 52

Determination of the Officer's Status by Decree

An officer's placement in one of these situations shall be determined by decree taken upon the proposal of the Minister of National Defence.

ARTICLE 53

Statuses in Which the Officer May Be Counted in His Roster

An officer in one of the following situations: - Temporary suspension from service, - Temporary disability, shall remain counted within his establishment; the Minister of National Defence may, upon the proposal of the Commander of the Army, recall him if the interest of the service so requires or if an improvement in his conduct or health is apparent.

ARTICLE 54

Actual Age at Discharge and Settlement of Retirement Pension

  1. 1)The actual age for discharge and pension settlement shall be the age stated in the first enlistment contract based on identity documents submitted to the volunteer committee, which verified their authenticity.
  2. 2)The actual age of volunteers who were in service on 1/1/1955 shall be the age determined pursuant to the 1932 census and subsequent data, including amendments made before 1/8/1945 in cases of incomplete civil status records, provided the Ministry of National Defence adopted these amendments within a maximum period of one full year from their date of issuance; no amendment or correction shall be accepted after this date, whether issued through non-contentious or contentious proceedings.
  3. 3)Age shall be calculated from the date of the birth as stated on the civil identity card. If the date of birth is unknown, the service member shall be deemed to have been born on the first of July of his birth year.
  4. 4)For pension and severance pay settlement purposes, services rendered by volunteers while below the statutory age shall be counted if those services were completed between 2/9/1939 and 21/7/1945.
ARTICLE 55

Deferral of Discharge

A volunteer may be deferred from discharge even upon reaching the statutory age in the following cases:

  1. 1)If his disability situation has not yet been resolved; in this case he shall retain his previous status until the Health Committee's decisions are issued.
  2. 2)By decision of the Minister of National Defence based on the proposal of the Commander of the Army in cases of war, declaration of a state of emergency, or while the Army is charged with security maintenance duties.
ARTICLE 56

Discharge of Officers

Subject to the provisions of Article 55 of this Legislative Decree, an officer shall be mandatorily discharged upon reaching whichever of the following age or service limits comes first: The text relating to the rank of General was amended pursuant to the sole article of Law No. 329 dated 18/5/1994 and now reads as follows:

<table> <tr> <th>Active Service Limit</th> <th>Statutory Age Limit</th> <th>Rank</th> </tr> <tr> <td>34 years</td> <td>50</td> <td>Second Lieutenant</td> </tr> <tr> <td>35 years</td> <td>51</td> <td>First Lieutenant</td> </tr> <tr> <td>36 years</td> <td>52</td> <td>Captain</td> </tr> <tr> <td>37 years</td> <td>53</td> <td>Major</td> </tr> <tr> <td>38 years</td> <td>54</td> <td>Lieutenant Colonel</td> </tr> <tr> <td>40 years</td> <td>56</td> <td>Colonel</td> </tr> </table>

<table> <tr> <th>Service</th> <th>Age</th> <th>Service</th> <th>Age</th> <th>Service</th> <th>Age</th> </tr> <tr> <td>42 years</td> <td>58</td> <td>Brigadier General</td> <td></td> <td>43 years</td> <td>59</td> <td>Major General</td> <td></td> <td>44 years</td> <td>60</td> <td>General(1)</td> <td></td> </tr> </table>

ARTICLE 57

Discharge of Non-Commissioned Officers and Privates

Subject to the provisions of Article 55 of this Legislative Decree, non-commissioned officers and ranks shall be discharged by decision of the Commander of the Army in the following cases:

  1. 1)Mandatorily upon reaching the statutory age limit, which is:
  2. 2)For NCOs: 48 years
  3. 3)For ranks: 45 years
  4. 4)Exceptionally: upon completing the legal period entitling them to a pension, which is eighteen years.
  5. 5)This period shall be reduced to fifteen years for volunteers who are in service at the date of entry into force of this Legislative Decree if they reach the statutory age limit before completing eighteen years of service.
  6. 6)At their request: upon the expiry of their enlistment contract and their unwillingness to renew it.
  7. 7)For health reasons: if their health condition does not permit them to continue service, pursuant to a decision of the Medical Investigation Committee.
  8. 8)Upon expiry of the enlistment contract if the Commander of the Army does not approve its renewal.
  9. 9)By dismissal:
  10. 10)If a criminal judgment requiring dismissal is issued against them.
  11. 11)For disciplinary reasons by decision of the Minister of National Defence based on the opinion of the Investigation Committee in accordance with the provisions of Article 65 of this Legislative Decree.
ARTICLE 122

Amendment of Articles 117 and 118 of the Military Justice Law

Articles 117 and 118 of Law No. 24 dated 13/4/1968 (Military Justice Law) were amended and the amendment was incorporated into the body of that law.

ARTICLE 123

The content of this article was incorporated into the Military Justice Law No. 24 dated 13/4/1968.

ARTICLE 124

The content of this article was incorporated into the Military Justice Law No. 24 dated 13/4/1968.

ARTICLE 125

The content of this article was incorporated into the Military Justice Law No. 24 dated 13/4/1968.

Subsection 6

Miscellaneous Provisions

ARTICLE 58

Prohibited Acts

- Military personnel in active service are prohibited, under penalty of the punishments provided for in applicable laws and regulations, from:

  1. 1)Joining parties, trade unions and associations.
  2. 2)Attending political, party and trade union meetings.
  3. 3)Publishing articles, giving lectures or making statements to the media without prior authorisation issued by the Minister of National Defence.
  4. 4)Engaging in any paid work outside the Ministry of National Defence.
  5. 5)Going on strike or instigating it.
  6. 6)Organising or signing collective petitions on any matter.
  7. 7)Acts contrary to public morals and ethics.
ARTICLE 59

Rewards

Rewards shall be defined as follows:

These provisions shall apply to officers in active service holding the rank of General at the date of issuance of this law."

  1. 1)Verbal commendation
  2. 2)Written commendation
  3. 3)Reward leave
  4. 4)Financial prizes (for NCOs and ranks)
  5. 5)Decoration
  6. 6)Commendation citation
  7. 7)Granting of seniority credit for promotion pursuant to Article 47 of this Legislative Decree
  8. 8)Exceptional promotion pursuant to Articles 41 and 48 of this Legislative Decree.

1. Article One of Law No. 463 dated 12/8/1995 provided as follows: «Notwithstanding the provisions of Article 56 of Legislative Decree No. 102 dated 16/9/1983 and its amendments, in particular Law No. 329 dated 18/5/1994, the statutory age for mandatory discharge from active service for the rank of General shall be amended once only to 63 instead of 60 years».

ARTICLE 60

Leave

  1. 1)Volunteers shall be granted leave of thirty days on full pay for each year of service, extendable exceptionally to 45 days on full pay by decision of the Commander of the Army as a reward for outstanding service.
  2. 2)Volunteers shall be granted special leave on full pay of up to seven days on the occasion of the death of a parent, descendant, brother or sister, and up to four days for other family reasons.
  3. 3)Volunteers may, at their request, be granted unpaid leave for three months, renewable once, which shall constitute an interruption of service.
  4. 4)Leave may be reduced or cancelled for those whose service is unsatisfactory.
ARTICLE 61

Violation of Military Laws and Regulations

Volunteers who violate military laws and regulations shall be subject, in addition to penalties imposed by military courts, to disciplinary sanctions. A volunteer whose offence arose from his official duties shall not be prosecuted except after the issuance of authorisation to pursue him from the Minister of National Defence upon the proposal of the Commander of the Army.

ARTICLE 62

Disciplinary Penalties

* Disciplinary penalties are:

  1. 1)Procedural warning.
  2. 2)Written warning.
  3. 3)Reprimand.
  4. 4)Detention for a maximum period of fifteen days.
  5. 5)Reduction of leave.
  6. 6)Suspension for a maximum period of sixty days.
  7. 7)Suspension for a maximum period of sixty days with salary deduction.
  8. 8)Detention in barracks for a maximum period of sixty days.
  9. 9)Disciplinary transfer.
  10. 10)Dispatch to disciplinary units.
  11. 11)Deferral of promotion.
  12. 12)Removal from the promotion list.
  13. 13)Temporary suspension from service.
  14. 14)Permanent suspension from service.
  15. 15)Disciplinary retirement.
  16. 16)Reduction in rank.
  17. 17)Loss of rank.
  18. 18)Disciplinary discharge.
  19. 19)Total or partial material fine for loss or damage to equipment and matériel.
ARTICLE 63

Decree on the General Disciplinary Regulations for Volunteers

The decree on the general disciplinary system for volunteers shall observe the following provisions:

  1. 1)The penalties set out in paragraphs 11, 12, 15, 16, 17 and 18 of Article 62 above shall be imposed on NCOs and ranks by decision of the Minister of National Defence with the approval of the relevant Military Council based on the Investigation Committee report.
  2. 2)The penalties set out in paragraphs 13 to 18 of Article 62 above shall be executed against officers by decree issued upon the proposal of the relevant Minister of National Defence based on the Disciplinary Council decision.
ARTICLE 64

Deductions from Salary Due to Penalty

The value of salary deductions due to disciplinary penalties shall be credited directly to the Treasury.

ARTICLE 65

Investigation Committee

The Minister of National Defence shall, upon the proposal of the Military Council and by decision at the beginning of each year, appoint a committee of three officers named the Investigation Committee.

ARTICLE 66

Composition and Duties of the Disciplinary Council

  1. 1)The Disciplinary Council shall be constituted by decree upon the proposal of the Minister of National Defence, comprising two members of the rank of colonel and above, presided over by a general officer, with a government commissioner before it designated as the Government Commissioner to the Disciplinary Council.
  2. 2)The Disciplinary Council shall examine serious military violations for which penalties are specified in the second paragraph of Article 63 above.
  3. 3)The Disciplinary Council shall issue decisions of a judicial nature, appealable before the Military Court of Cassation within fifteen days of notification.
  4. 4)The manner of referring cases to the Disciplinary Council and the procedures before it shall be determined by decree taken in the Council of Ministers after consulting the Council of State.
ARTICLE 126

Military Courts

Military courts shall hear disputes arising from the application of the provisions of Articles 117 and 121 of this Legislative Decree relating to conscripts who were employed in the private sector.

ARTICLE 127

Application of the Social Security Law

The provisions of the Social Security Law shall continue to apply with respect to conscripts who were employed in the private sector in all matters for which no contrary provision is made in this Legislative Decree.

ARTICLE 128

Annual Determination of the Number of Conscripts

The Ministry of National Defence - Army Command shall determine annually and within available appropriations:

  1. 1)The number of conscripts to be called up for military service in light of the shortfall in strength.
  2. 2)The number of conscripts to be called up annually for civilian service in light of the needs of the relevant ministries.
  3. 3)The number of conscripts to be called up for security service in light of the plans and needs of the relevant ministries.
ARTICLE 129

Implementing Instructions for the Provisions Governing Conscripts

The Ministry of National Defence - Army Command shall determine the implementing instructions for the provisions of Part Five of this Legislative Decree, particularly with regard to the administration, equipping and training of conscripts.

Section 6

Reservists

Subsection 1

General Provisions

ARTICLE 1

Definition of National Defence and the Armed Forces

National defence aims to strengthen the capabilities of the State and build its capacities to resist any aggression against the national territory and any attack directed against it, and to ensure the sovereignty of the State and the security of citizens. The armed forces may be employed in humanitarian and social fields provided this does not impede their primary missions. Such employment shall be determined by decree upon the proposal of the Minister of National Defence and the competent minister. The armed forces means: the Army, the Internal Security Forces, the General Security, and in general all personnel employed in public administrations, public institutions and municipalities who bear arms by virtue of their office.

ARTICLE 2

Measures Required When Exposed to Danger

  1. 1)If the homeland, or a part of its territory, or a sector of its public services, or a group of the population is exposed to danger, the following may be declared:
  2. 2)A state of total or partial alert to limit the exposure of the population and vital installations to danger, and to secure mobilisation operations and the use of the armed forces.
  3. 3)A state of general or partial mobilisation to execute all or some of the prescribed plans.
  4. 4)The said measures shall be declared by decrees taken in the Council of Ministers upon the recommendation of the Supreme Defence Council.
  5. 5)These decrees may include special provisions aimed at:
  6. 6)Imposing control over energy sources and regulating their distribution.
  7. 7)Imposing control over raw materials, industrial production and food supplies, and regulating their import, consumption, export and distribution.
  8. 8)Organising and monitoring transportation, movement, communications and telecommunications.
  9. 9)Requisitioning persons and property and imposing services on legal and natural persons; in such case the constitutional and legal provisions relating to the declaration of a state of emergency shall be observed.

1. See Decree No. 6198 dated 15/03/2020 concerning the declaration of general mobilisation to counter the spread of the coronavirus.

ARTICLE 3

Exposure of the Country to Danger

If the country is exposed to the dangers specified in Article 1 of Legislative Decree No. 52 dated 5 August 1967, a state of emergency or a military zone shall be declared and the competent authorities shall exercise the powers provided for in the said legislative decree.

ARTICLE 4

Assignment of the Army to Maintain Security in the Endangered Zone

If the State is exposed, in one or more zones, to acts detrimental to its security or interests, the Army shall be charged with maintaining security in that zone or those zones in accordance with the following provisions:

  1. 1)The assignment shall be made by decrees taken in the Council of Ministers upon the proposal of the Minister of Interior and the Minister of National Defence, for a specified period which may be extended when necessary in the same manner.
  2. 2)Upon the issuance of the decree referred to in paragraph 1 above, the Army shall assume responsibility for maintaining security and protecting the State against any act detrimental to its security or interests, and all armed forces carrying out their missions pursuant to their own laws and regulations shall be placed under the command of the Commander of the Army with the assistance of the Military Council and under the supervision of the Supreme Defence Council.
  3. 3)For the purposes of this paragraph, the armed forces means: the Army, the Internal Security Forces, the General Security, and all public sector personnel who bear arms by virtue of their office.
  4. 4)The Commander of the Army may take all measures conducive to maintaining security, in particular:
  5. 5)- Searching structures and other premises anywhere, with the approval of the competent public prosecution.
  6. 6)- Monitoring ports and vessels in territorial waters.
  7. 7)- Monitoring the entry and exit of foreigners.
  8. 8)- Prohibiting unauthorised public meetings or those of a military character.
  9. 9)- Pursuing armed security offenders and referring them to justice within five days of their arrest.
  10. 10)- Combating terrorism.
  11. 11)The measures taken shall be immediately communicated to the Supreme Defence Council, the Minister of Interior and the Minister of National Defence.
  12. 12)All armed security acts shall be referred to military courts, including review of measures taken under paragraph 3 above.
  13. 13)Any person who aids or hinders the implementation of measures taken pursuant to paragraph 3 of this article shall be punished by imprisonment from one month to one year and a fine from five hundred to ten thousand Lebanese pounds, or either of these penalties. In cases where the law provides for a more severe penalty for the offender, the rules on the concurrence of offences imposing the most severe penalty shall apply.
  14. 14)Upon the expiry of the period of application of the decree referred to in this article, the military courts shall retain jurisdiction to continue hearing cases referred to them.

1. See Law No. 89 dated 7/9/1991 which provided for an increase in the amounts of fines imposed by the courts.

Amended 1984
ARTICLE 29

Definition of Volunteer, Conscript, or Reserve Serviceman

Military personnel are volunteers and conscripts during their reserve service period, or volunteers during their call-up period: - Volunteers are officers, non-commissioned officers and ranks in active service. - Conscripts are those subject to the Compulsory Military Service Law. - Reservists are those subject to the Reserve Law.

ARTICLE 30

Voluntary Enlistment and Its Conditions

  1. 1)The enlistment of non-commissioned officers and ranks shall be accepted by decision of the Commander of the Army within the limits of vacant posts and appropriations allocated in the budget.
  2. 2)A volunteer must satisfy the following conditions:
  3. 3)Be Lebanese for at least ten years.
  4. 4)Be not less than 18 years of age upon appointment to service and not more than 25 years of age. In exceptional cases decided by the Minister of National Defence upon the proposal of the Commander of the Army, the age limit may be raised to 30 years.
  5. 5)Be physically, mentally and morally sound.
  6. 6)Have not been convicted of a felony or felony attempt of any kind, or of a dishonourable misdemeanour or attempt thereof, or of an offence carrying a sentence of more than six months; these provisions shall apply to persons who have been rehabilitated or benefited from a pardon (general or special amnesty).
  7. 7)The following offences are considered dishonourable:
  8. 8)Theft(1), fraud(2), breach of trust, embezzlement(3), bribery(4), rape, extortion(5), forgery(6), use of forged documents(7), offences against public morality as specified in Chapter Seven of the General Penal Code, issuing a cheque without adequate funds(8), false testimony(9), false oath(10), drug-related offences(11).
  9. 9)- The Minister of National Defence may, by decision upon the proposal of the Commander of the Army, impose additional conditions on enlistment applications for certain Army corps, positions and academies relating to academic qualifications.

1. For the establishment of partisan units in the Army, see Law No. 1/69 dated 1/3/1969.

ARTICLE 31

Enlistment Contract

  1. 1)Subject to the special cases provided for in this Legislative Decree, volunteers shall be assigned to the Army pursuant to an enlistment contract for a period of between three and ten years.
  2. 2)The enlistment contract shall be signed by the Commander of the Army and the applicant.
  3. 3)A volunteer shall be considered, upon signing his enlistment contract, a trainee soldier for a maximum period of one year during which military laws and regulations shall apply to him; he may not rescind his enlistment contract except for reasons approved by Army Command.
  4. 4)If a trainee soldier is not confirmed by a volunteer confirmation committee, he shall be discharged without any compensation. If the year lapses without the committee having considered his case, he shall be deemed confirmed by operation of law, and the period he spent as a trainee soldier shall count towards his service qualifying for pension rights, provided the pension deductions are repaid.
  5. 5)If the trainee soldier is injured before confirmation by an accident or illness not attributable to service, he shall be discharged after a maximum treatment period of three months. If the accident or illness arose from service, the provisions governing disability situations shall apply to him.
ARTICLE 32

Enlistment and Appointment of Specialist, Technical, and Skilled Volunteers

The numbers and grades of specialists, technicians and technical staff of the various categories, their salaries, conditions of enlistment and appointment, training, salaries and allowances, conditions of promotion, end of service, and entitlements to pension or severance pay shall be determined by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence after the recommendation of the Commander of the Army and consultation of the Council of State.

1. Regarding theft, see Article 635 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

2. Regarding fraud, see Article 655 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

3. Regarding breach of trust and embezzlement, see Article 670 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

4. Regarding bribery, see Article 351 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

5. Regarding rape and extortion, see Article 649 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

6. Regarding forgery, see Article 453 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

7. Regarding use of forged documents, see Article 454 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

8. Regarding issuing cheques without funds, see Article 666 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

9. Regarding false testimony, see Article 463 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

10. Regarding false oath, see Article 415 et seq. of the Penal Code issued pursuant to Legislative Decree No. 340 dated 1/3/1943.

11. Regarding drug offences, see Article 127 of the Narcotics and Psychotropic Substances Law No. 673 dated 16/3/1998; regarding the danger of cultivating plants from which narcotics are derived, see Article 11 et seq. of the same law.

ARTICLE 33

Enlistment Contract for Specialist Officer Cadets

  1. 1)Notwithstanding any other provision, the enlistment contract of specialist officer-cadet students in the Air Forces shall be for a period of fifteen years, including the period of study at officer rank.
  2. 2)The Minister of National Defence may cancel the enlistment contract of the students referred to in paragraph one of this article who are found to have no interest in serving in the Air Forces, upon the proposal of the Commander of the Army.
  3. 3)The said students shall choose between their discharge from Army service or continuing service in other corps compatible with their qualifications; in the latter case the first enlistment contract shall be cancelled and a new enlistment contract shall be drawn up for them in accordance with the provisions of Article 31 of this Legislative Decree.
ARTICLE 34

Admission to Military Academies

Notwithstanding any other provision, the conditions of admission and appointment of students of military academies, including officer cadets, shall be determined, and their admission and appointment shall be effected, by decisions issued by the Minister of National Defence upon the proposal of the Commander of the Army.

ARTICLE 35

Appointment of Officers

  1. 1)Officers shall be appointed by decree issued upon the proposal of the Minister of National Defence.
  2. 2)Second lieutenants shall be appointed from among:
  3. 3)Cadets of the Military Academy who have obtained the certificate of competence for the rank of second lieutenant following their final examinations.
  4. 4)Specialists and senior specialists after passing a competency examination for the rank of second lieutenant in their specialisation.
  5. 5)Assistants and senior supervisors after passing a competency examination for the rank of second lieutenant in their specialisation, for a transitional period ending on 1 July 1984.
ARTICLE 68

Persons Entitled to Free Medical Care and Treatment

The text of Article 68 was replaced pursuant to Article 15 of Legislative Decree No. 1 dated 26/9/1984 with a new text which was amended pursuant to Article 2 of Legislative Decree No. 39 dated 23/3/1985. This text was then repealed pursuant to Article One of Law No. 24/87 dated 5/6/1987 and replaced by the following text:

  1. 1)The following shall benefit from free medical treatment and care:
  2. 2)Military personnel in active service and their families, including lawfully wedded wives who are engaged in paid employment provided they receive medical treatment costs from another source; the manner of application of this provision shall be determined by special instructions issued by the Minister of National Defence.
  3. 3)Military personnel whose permanent disability is attributed to service-related health reasons, and their dependant family members.
  4. 4)Retired military personnel entitled to a pension and their dependant family members.
  5. 5)Retired military personnel entitled to a pension who nonetheless received a severance payment, and their dependant family members.
  6. 6)Families of personnel who were killed or died during or because of service, regardless of their period of service, whose members remain dependants.
  7. 7)The text of sub-paragraph (f) of paragraph (1) of Article 68 was amended pursuant to Article One of Law No. 57 dated 27/10/2016 and now reads as follows:
  8. 8)Dependant family members of volunteers who died as a result of a non-service-related illness or accident, provided they had completed at least five years of active service.
  9. 9)Dependant family members of deceased retired military personnel.
  10. 10)In all family members referred to in sub-paragraphs «b, c, d, e, f, g» of this article, the conditions legally established for entitlement to pension must be met, excluding lawfully wedded wives engaged in paid employment provided they receive medical costs from another source.
  11. 11)The manner of application of this provision shall be determined by special instructions issued by the Minister of National Defence.
  12. 12)The Minister of Defence may, upon the proposal of the Commander of the Army, suspend free medical treatment and care on each occasion and for a maximum period of one year for any person who misuses this right.
Amended 1987Amended 2016
ARTICLE 102

Definition of Military Service

Military service is an honour and a duty that concerns every Lebanese pursuant to the provisions of this Legislative Decree and its associated regulations. Military service encompasses: - Military service - Civilian service - Security service

1. For the organisation of civilian positions in the Army, see Legislative Decree No. 34 dated 19/1/1955 and its annexes.

2. Article One of Law No. 665 dated 4/2/2005 provided for the final abolition of military service two years after the publication of that law in the Official Gazette, i.e. two years after 10/2/2005; Article 8 of the same law provided for the cessation of prosecution of those who evaded military service and the lapse of all charges and judgements against them for this reason upon the issuance of that law and their automatic rehabilitation, for documentation purposes.

ARTICLE 103

Objectives of Military Service

Military service aims to prepare citizens as combatants and employ them within the framework of national defence to perform military defence missions in the armed forces. Civilian service aims to prepare citizens and employ them to support the armed forces in all matters relating to internal and external defence, particularly in the field of civil defence and in supporting public and private sectors that facilitate the missions of the armed forces. Security service aims to prepare citizens and employ them within the framework of national defence for civic and social discipline to develop various public sectors and public-benefit private sectors both within and outside the country. The Ministry of National Defence shall undertake the task of implementing military service in its various forms in coordination with the competent State ministries.

ARTICLE 130

Definition of Reserve Personnel

Reservists are:

  1. 1)Volunteers discharged from active service who are still within the reserve period specified in Article 131 of this Legislative Decree.
  2. 2)Conscripts who completed military service and were discharged at its conclusion and are still within the reserve period specified in Article 131 of this Legislative Decree.
  3. 3)Civilians who successfully completed military orientation courses organised by Army Command and were discharged at their conclusion.
ARTICLE 131

Duration of Reserve Service

The reserve period shall be determined as follows:

  1. 1)For volunteers:
  2. 2)Officers:
  3. 3)For a period of fifteen years following their discharge from service, provided they do not exceed the age limit set for their rank plus five years.
  4. 4)NCOs and ranks:
  5. 5)For a period of fifteen years following their discharge from service, provided they do not exceed the age of fifty-five.
  6. 6)For conscripts: after the end of their service until they reach the age of forty.
  7. 7)For the civilians referred to in paragraph (3) of Article 130: until they reach the age of forty.
ARTICLE 132

Procedures and Conditions for Calling Up, Exempting, and Discharging Reserve Personnel

The procedures and conditions for the call-up and exemption of reservists, and the obligations imposed on them during their reserve period, shall be determined by decree upon the proposal of the Minister of National Defence based on the recommendation of the Commander of the Army.

ARTICLE 133

Special Procedures for Reserve Personnel Established by Army Command

Army Command shall determine the manner of administering, training, calling up and discharging reservists.

Subsection 2

Situations and Rights of Reservists

ARTICLE 5

Placing the Army at the Disposal of the President of the Republic

The Army shall be placed at the disposal of the President of the Republic, who shall exercise his powers in accordance with the provisions of the Constitution and the applicable laws. In particular Articles 6 and 7 of this Legislative Decree.

Amended 1984
ARTICLE 6

General Defence and Security Policy

The Council of Ministers shall determine the general defence and security policy, define its objectives and supervise its implementation.

Amended 1984
ARTICLE 7

The Supreme Defence Council

1 - A Supreme Defence Council shall be established, composed of: - The President of the Republic, as Chairman - The Prime Minister, as Vice-Chairman - The Minister of Defence, as Member - The Minister of Foreign Affairs, as Member - The Minister of Finance, as Member - The Minister of Interior, as Member - The Minister of Economy, as Member

  1. 1)The Chairman of the Supreme Defence Council may convene any person whose presence the nature of the Council's work requires.
  2. 2)The Secretariat-General of the Supreme Defence Council referred to in Article 10 below shall perform the secretarial functions of this Council.
  3. 3)One or more ministers may be added to the Supreme Defence Council in a working advisory capacity by decree taken in the Council of Ministers.
  4. 4)A directorate-general named the «Directorate-General of State Security» shall be established at the Supreme Defence Council, subject to the authority of the Council and attached to its Chairman and Vice-Chairman.
  5. 5)This directorate-general shall undertake the following missions:
  6. 6)First - Collecting information relating to internal State security through its own networks covering Lebanese territory, gathering external intelligence from existing agencies, verifying, analysing, classifying and preserving it or referring it to the competent authorities.
  7. 7)Second - Monitoring the activities of foreigners that affect State security and monitoring the relations of citizens with foreign entities insofar as they relate to State security.
  8. 8)Third - Combating espionage and hostile activity in all its forms.
  9. 9)Fourth - Conducting preliminary investigations into acts that affect internal and external State security, through a single female director and deputy directors-general from the core staff and the officers attached to it and the non-commissioned officers appointed by the Vice-Chairman of the Supreme Defence Council, who shall perform their duties as auxiliary judicial officers assisting the appellate public prosecutor acting as government commissioner before the military court, in accordance with applicable laws.
  10. 10)Fifth - Coordinating with other competent security agencies in the Directorate-General of General Security, the Internal Security Forces, the Intelligence Directorate and associated Army units with regard to intelligence and information exchange.
  11. 11)Sixth - Proposing analytical reports to brief the Supreme Defence Council on the security and political situation, proposing appropriate recommendations to confront internal and external dangers, and continuously briefing the Chairman and Vice-Chairman of the Supreme Defence Council on the security and political situation.
  12. 12)The Director-General of State Security shall be appointed by decree taken in the Council of Ministers upon the proposal of the Prime Minister from among officers of the armed forces of the rank of colonel and above, or from among civil servants of the top three grades of the first category, or from among Lebanese nationals outside the establishment who hold university degrees.
Amended 1984Amended 1984Amended 1985Amended 2000
ARTICLE 8

Decisions and Powers of the Supreme Defence Council

  1. 1)The Supreme Defence Council shall determine the procedures necessary to implement the defence policy as defined by the Council of Ministers; the resolutions of the Supreme Defence Council shall remain confidential. The Council shall attach particular importance to defence mobilisation, which addresses the following fundamental issues:
  2. 2)Military service and compulsory conscription.
  3. 3)Educational mobilisation.
  4. 4)Mobilisation of economic activity in its agricultural, industrial, financial and commercial branches.
  5. 5)Mobilisation of health and medical activities.
  6. 6)General mobilisation of the State and citizens, particularly civil defence.
  7. 7)Mobilisation of guidance and awareness activities.
  8. 8)The Supreme Defence Council shall distribute defence tasks among the ministries and relevant bodies, issue the necessary directives and instructions regarding them, and follow up on their implementation.
  9. 9)It shall also determine the manpower and equipment plan drawn up for these tasks.
Amended 1984
ARTICLE 9

Meetings of the Supreme Defence Council

  1. 1)The Supreme Defence Council shall be convened by its Chairman, or upon the request of at least two-thirds of its members.
  2. 2)The Chairman of the Council shall submit to deliberation and appropriate decision the matters that necessitated convening the Council.
Amended 1984
ARTICLE 10

Powers of the Deputy President of the Supreme Defence Council

  1. 1)The Vice-Chairman of the Supreme Defence Council shall be responsible for overseeing the implementation of the Council's resolutions.
  2. 2)A Secretariat-General of the Supreme Defence Council shall be directly attached to and obligated to the Vice-Chairman to carry out his duties; it shall:
  3. 3)Collect information from the competent departments.
  4. 4)Prepare the files assigned to it and the studies submitted to the Supreme Defence Council.
  5. 5)Communicate the resolutions of the Supreme Defence Council to the relevant administrations.
  6. 6)Inform the Supreme Defence Council of the progress of implementation of the decisions taken.
  7. 7)The staff establishment of the Secretariat-General of the Supreme Defence Council, conditions of appointment, working procedures, and powers and responsibilities of its personnel shall be determined by decree taken in the Council of Ministers after consulting the opinion of the Council of State.
  8. 8)The Secretariat-General of the Supreme Defence Council shall be headed by a major officer accredited to the General Staff from among Army officers in active service who may not be placed in reserve, appointed by decree taken in the Council of Ministers upon a joint proposal of the Prime Minister and the Minister of National Defence.
Amended 2011
ARTICLE 11

Each Minister's Responsibility for His Ministry

Each minister shall be considered responsible for the defence and security duties emanating from his ministry, and shall take the necessary measures regarding them and oversee their implementation.

ARTICLE 12

The Minister of Interior

The responsibility for maintaining internal security rests with the Minister of Interior, subject to the provisions of special laws. The Ministry of National Defence may be tasked by decree taken in the Council of Ministers with providing military equipment to civil defence administrations under the Ministry of Interior.

ARTICLE 13

Military Zone

The boundaries of governorates shall be considered the boundaries of military zones. The military zone within the meaning of Legislative Decree No. 52 dated 5 August 1967 is the part of the territory in which war is declared or which is designated pursuant to the said legislative decree.

ARTICLE 14

Defence Sectors

Defence sectors shall be designated and their number and missions determined by special instructions issued by Army Command in accordance with defence plans.

ARTICLE 36

Hierarchy of Privates and Non-Commissioned Officers

  1. 1)Ranks: private - senior private - corporal - senior corporal.
  2. 2)Non-commissioned officers: sergeant - senior sergeant - assistant - senior assistant - specialist - senior specialist.
ARTICLE 37

Right of Command for Non-Commissioned Officers and Privates

  1. 1)Each NCO shall have the right of command over those of lower rank; if ranks are equal, command belongs to the more senior; if seniority in rank is equal, command belongs to the one with greater seniority in the previous rank; and if seniority in promotion to senior corporal is equal, command belongs to the one with greater seniority in promotion to corporal.
  2. 2)A corporal shall have the right of command over senior privates, privates and corporals who are junior to him in promotion; if seniority in promotion to corporal is equal, command belongs to the one more senior in promotion to senior private, otherwise command shall be determined by service.
  3. 3)When rank is equal between reservists and volunteers, command belongs to the one with greater seniority in active service in his rank.
ARTICLE 38

Hierarchy of Officers

The chain of officer ranks shall be defined as follows:

  1. 1)Junior officers: second lieutenant - first lieutenant - captain.
  2. 2)Field officers: major - lieutenant colonel - colonel.
  3. 3)General officers: brigadier general - major general - general. The rank of general is reserved exclusively for the Commander of the Army.
ARTICLE 39

Right of Command for Officers

  1. 1)Each officer shall have the right of command over those of lower rank.
  2. 2)When ranks are equal, precedence belongs to the more senior in rank; if seniority in rank is equal, the order of names on the promotion decree for that rank shall be followed.
  3. 3)When rank and seniority are equal between regular officers and reserve officers called up to resume service, command belongs to the officer with greater seniority in active service in his rank.
ARTICLE 69

Determination of the Method of Paying Salaries, Allowances and Supplements

1 - Volunteers' salaries are determined by applicable laws. Allowances of all kinds shall be determined by decree taken in the Council of Ministers. 2 - The method of payment, settlement of salaries, allowances and bonuses shall be determined by instructions issued by the Minister of National Defence upon the proposal of the Commander of the Army.

ARTICLE 70

Active Service

A volunteer shall receive full salary, allowances and supplementary payments.

1. See Decree No. 12961 dated 6/5/1963 on the determination of military salaries and equipment, Decree No. 10326 dated 23/5/1975 on correcting certain provisions relating to officers' salaries in the Army, and Decree No. 7286 dated 2/2/1974 on the determination of the salary scale for NCOs and ranks in the Army.

2. See Decree No. 5397 dated 9/9/1982 on various military allowances.

ARTICLE 71

Convalescence

A volunteer shall receive active service salary for a maximum period of three months.

ARTICLE 72

Incapacity

  1. 1)Temporary disability: for a period of one year renewable for one more year:
  2. 2)Disability attributable to service: the volunteer shall receive full active service salary and all supplementary allowances and payments.
  3. 3)Disability not attributable to service: the volunteer shall receive half salary and full supplementary allowances and payments.
  4. 4)This salary shall be subject to pension deductions on the full salary and to income tax and stamp deductions on the salary actually received.
  5. 5)Permanent disability: the volunteer's pension rights or severance pay shall be settled in accordance with the provisions of this Legislative Decree.
ARTICLE 73

Absence from Service (Officers Only)

1 - Temporary suspension from service (for a maximum period of six months). The officer shall receive one-third of salary and full supplementary allowances and payments; this salary shall not be subject to pension deductions but shall be subject to income tax and stamp deductions. 2 - Permanent suspension from service: the officer's pension rights or severance pay shall be settled in accordance with the provisions of this Legislative Decree.

ARTICLE 74

Absence Without Leave

The text of Article 74 was replaced pursuant to Article One of Law No. 90 dated 14/6/1999 by the following text:

  1. 1)Authorised absence: absence shall be considered authorised if caused by force majeure for a maximum period of one year, during which salaries shall be paid to the entitled person; thereafter the status of the person concerned shall be determined by decree upon the proposal of the Minister of National Defence.
  2. 2)Unauthorised absence: the volunteer's salary shall be suspended with effect from the first of the month following the absence until the date of return, if no return occurs.
ARTICLE 75

Missing in Action

If a volunteer goes missing during or because of service and his news is cut off such that it is unknown whether he is alive or dead, the entitled person shall receive the full attendance salary for a period of sixty months. This period may be renewed by decree upon the proposal of the Minister of National Defence up to a maximum of ten years. The following paragraph was added to the text of Article 75 pursuant to Article 4 of Law No. 434 dated 15/5/1995: The period during which the missing volunteer receives the attendance salary pursuant to the provisions of the two preceding paragraphs shall be considered active service; the missing volunteer shall subsequently be retired and his entitlements settled for his legal heirs in accordance with applicable laws. All military personnel who reached the maximum period in a missing situation before this law entered into force shall benefit from the provisions of the above paragraph.

Amended 1995
ARTICLE 76

Resignation

A volunteer shall receive severance pay or pension entitlement; if he is not entitled to either, he shall recover the pension contributions deducted from his salaries.

ARTICLE 78

A volunteer shall receive his entitlements in accordance with the provisions of this Legislative Decree.

ARTICLE 78.2

Allowances During a State of Emergency or War

In the event of a declaration of a state of emergency or war, a volunteer shall be paid an allowance equivalent to one month's salary and all supplementary allowances and payments:

  1. 1)Each time a state of general emergency or a state of war is declared; this paragraph shall apply to all volunteers present in active service on Lebanese territory.
  2. 2)Each time a state of partial emergency is declared in a particular zone, the allowance shall be paid to the volunteer present in that zone.
  3. 3)The same allowance shall be paid to reservists who resume service after one month has elapsed since their resumption of service.
  4. 4)The same allowance shall be paid to civilians and conscripts attached to the Ministry of National Defence who are held at their posts due to operational necessity.
ARTICLE 104

Conditions for Military Service

Lebanese nationals who are male shall be subject to military service upon completing their eighteenth year of age; Lebanese nationals who are female shall be subject to this service upon call-up by decree taken in the Council of Ministers, which shall specify the conditions and fields of their employment.

ARTICLE 105

Duration of Military Service

The text of the first paragraph of Article 105 was replaced pursuant to Article 2 of Law No. 665 dated 2/4/2005. The text of paragraph 2 of Article 105 was amended pursuant to Article 2 of Law No. 665 dated 2/4/2005 and now reads as follows: The duration of military service shall be reduced to six months pending the final abolition provided for in Article One of this law. - Every person who has actually performed military service, civilian service or security service shall be deemed to have fulfilled the military service obligation and shall accordingly acquire the status of a reserve conscript. - Conscripts shall be classified as officers, non-commissioned officers or ranks in accordance with conditions determined by the Ministry of National Defence - Army Command. The following paragraph was added to the text of Article 105 pursuant to Article 3 of Law No. 665 dated 2/4/2005: Conscripts who wish to extend their service after the end of their statutory service period may, in accordance with Army Command's needs, have their service extended for a period not exceeding five years at the rank they held, during which they shall receive a monthly allowance equivalent to the first-grade salary of a conscript at their rank; all legal provisions governing conscripts shall apply to them throughout their service period. A conscript who has extended his service shall be entitled to terminate his service at the end of any year of extension.

Amended 2005
ARTICLE 106

Registers with Specific Information Compiled by Army Command

The Ministry of Interior - Directorate-General of Civil Status - shall send to the Ministry of National Defence - Army Command - in the first month of each year, lists containing the information specified by the Ministry of National Defence - Army Command.

ARTICLE 107

Procedures for Calling Up and Notifying Persons Subject to Military Service

  1. 1)The Ministry of National Defence - Army Command shall be responsible for calling up those subject to military service and informing them of the conditions of such service through various media.
  2. 2)Those residing outside Lebanese territory shall be notified through the Ministry of Foreign Affairs and Emigrants in accordance with lists organised by Army Command.
  3. 3)Every Lebanese national residing on Lebanese territory who has completed his eighteenth year of age and has not received a military service call-up notice must present himself within three months of reaching that age to the agencies competent in military service affairs in the Army in the zone where he permanently resides, to receive the call-up notice and declare his place of residence; he shall not be considered a defaulter.
  4. 4)Every Lebanese national subject to military service obligations who wishes to leave Lebanese territory to reside abroad for one year or more must notify, before his departure, the Ministry of National Defence – Army Command and the Directorate-General of General Security, and upon arrival in his destination country, the consular office responsible for him.
  5. 5)Consular offices and embassies shall provide the Ministry of National Defence – Army Command with the addresses of the persons concerned.
ARTICLE 108

Deferral or Exemption from Military Service

  1. 1)The cases in which a Lebanese national is automatically exempted from military service, and the cases in which his call-up for military service may be deferred, shall be determined by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence.
  2. 2)A Lebanese national who submits a request demonstrating fulfilment of the conditions specified for this purpose in the decree referred to in paragraph 1 of this article may be finally or temporarily exempted from military service by decision of the Commander of the Army.
ARTICLE 109

Procedures for Deferring the Call-Up for Military Service

The text of the first paragraph of Article 109 was amended pursuant to Article 4 of Law No. 665 dated 4/2/2005 and now reads as follows: The call-up of citizens for military service shall be deferred for one renewable year within the conditions referred to in paragraph /1/ of Article 108 above, at least until he completes his thirty-third year of age, upon which he must perform his service. He may be finally exempted from military service by decision of the Commander of the Army in cases determined by the implementing instructions of this Legislative Decree.

Amended 2005
ARTICLE 110

Submission of Requests for Exemption and Deferral

Requests for exemption and deferral shall be submitted by the persons concerned to the Ministry of National Defence – Army Command.

ARTICLE 111

Cancellation of Deferral or Exemption from Military Service

Deferral or exemption shall be cancelled by decision of the Commander of the Army upon the request of the person concerned.

ARTICLE 134

Conditions for Promotion of Reserve Personnel

Reservists shall be promoted under the same conditions applicable to volunteers and conscripts, provided they:

  1. 1)Complete in active service and in the reserve the seniority required for each rank.
  2. 2)Have attended the training periods prescribed for them.
  3. 3)Pass the training courses qualifying them for promotion.
ARTICLE 135

Exceptional Promotion

Reservists shall not be promoted after reaching the statutory age limit specified in Articles 56 and 57 of this Legislative Decree. Exceptional promotion is permitted if the conditions specified in Articles 41 and 48 of this Legislative Decree are met.

ARTICLE 136

Rights of Reserve Personnel

Reservists in civilian life shall not receive any salaries or allowances except for entitlements legally determined for them.

1. For the organisation of calling up reservists for service in the Army, see Decree No. 2354/4/10 dated 1992.

ARTICLE 137

Training of Reserve Personnel

Reservists called up for training periods and phases shall benefit from the same rights as volunteers, with the exception of salary and supplementary allowances, if the training does not exceed one month. If the training period exceeds one month, they shall also benefit from a monthly allowance equivalent to the salary and supplementary allowances applicable to their rank.

ARTICLE 138

Salaries and Allowances for Reserve Personnel

The text of Article 138 was replaced pursuant to Article 17 of Legislative Decree No. 1 dated 26/9/1984 with the following text: Reservists called up pursuant to this Legislative Decree who are called up for a period exceeding two months shall benefit from the difference between the salaries and supplementary allowances applicable to their rank and their pension. If they received severance pay instead of a pension, they shall benefit from the difference between the salaries and supplementary allowances applicable to their rank and the pension calculated on the basis of the service for which the severance pay was paid.

ARTICLE 139

Calculation of Reserve Personnel Service

Services rendered by reservists called up pursuant to this Legislative Decree shall not count for the purpose of revising the pension and severance pay unless the period of call-up exceeds one year, continuous or intermittent; in that case they shall benefit from bonuses and additions for the period of their service.

ARTICLE 140

Positions of Reserve Personnel

Reservists working in public administrations and institutions, independent agencies and municipalities called up pursuant to this Legislative Decree shall have their posts preserved and shall return to them or to similar posts in the same competent administration.

ARTICLE 141

Extension of Reserve Call-Up Beyond One Month

If a reservist is called up for a period not exceeding one month and he is employed by a natural or legal person, that person shall be obliged to pay his wages and reinstate him in his previous work. If the period exceeds one month, the natural or legal person shall be obliged to reinstate the reservist in his previous work or in similar work, provided the said period does not exceed one year, at which point the reservist's entitlements shall be settled in accordance with applicable laws.

ARTICLE 142

Transfer Allowance for Reserve Personnel

The State shall bear the transportation allowances of reservists called up who are outside the country pursuant to prior authorisation from Army Command.

ARTICLE 143

Allowance Equivalent to a Reserve Serviceman's Salary

Reservists called up at least twice in the same year for periods each not exceeding one month shall benefit from a compensation equivalent to the monthly salary applicable to their rank including supplementary allowances. This compensation shall be paid at the end of the year during which the call-ups occurred; it may be cancelled or reduced by decision of the Commander of the Army for disciplinary, conduct or competence reasons to ensure the duties of the rank are fulfilled.

Subsection 3

Penal and Disciplinary Provisions

ARTICLE 15

The Ministry of National Defence

The Ministry of National Defence, with all its institutions, shall be subject to the authority of the Minister of National Defence, who shall be responsible for the execution of all its duties.

Amended 1984
ARTICLE 16

Composition of the Ministry of National Defence

The Ministry of National Defence shall be composed of the following principal institutions: - The Army. - The Directorate-General of Administration. - The Inspectorate-General. - The Military Council.

Amended 1984
ARTICLE 17

Composition of the Military Chamber Established at the Ministry of National Defence

1 - A Military Office shall be established at the Minister of National Defence, headed by an officer of the rank of colonel and above, comprising: - A Secretariat. - An Administrative Control Department, which shall:

  1. 1)Monitor the legality of administrative acts in the Ministry of National Defence.
  2. 2)Exercise the permitted control authority over credit accounting and public works.
  3. 3)- A Public Relations and Information Department.
  4. 4)- A Department of Lebanese Military Attachés Abroad.
  5. 5)- A Legal Affairs and Military Justice Department.
  6. 6)- A Department of Veterans.
  7. 7)The Head of the Military Office shall be appointed by decree upon the proposal of the Minister of National Defence after consulting the opinion of the Commander of the Army.
  8. 8)The staff establishment of the Military Office, conditions of appointment, working procedures, and powers and responsibilities of its personnel shall be determined by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence.
  9. 9)Military judges shall be appointed by decision of the Minister of National Defence upon the proposal of the Military Council.

1. The staff establishment of the Military Office at the Ministry of National Defence, conditions of appointment, working procedures, and powers and responsibilities of its personnel were determined pursuant to Decree No. 2788 dated 14/3/1980.

Amended 1984
ARTICLE 18

Composition and Command of the Army

1 - The Army shall comprise ground, air and naval forces organised under the command of the Commander of the Army. The Army shall be composed of: - Army Command. - Ground Forces. - Air Forces. - Naval Forces. - Military Academies. Army Command: Army Command shall be composed of: - The Commander of the Army. - The General Staff. The General Staff shall be subject to the direct authority of the Commander of the Army and shall be composed of: - The Chief of Staff. - Deputy Chiefs of Staff. Directorates, advisory bodies, resources and specialised agencies.

1. For the general organisation of the Army, its establishment, operating procedures, and powers and responsibilities of commanders and superiors, see: Decree No. 3771 dated 22/1/1981.

2. For the powers and responsibilities of the Commander of the Air Forces, see Article 34 of Decree No. 3771 dated 22/1/1981.

3. For the powers and responsibilities of the Commander of the Naval Forces, see Article 35 of Decree No. 3771 dated 22/1/1981.

Amended 1984
ARTICLE 19

Appointment of the Army Commander

The Commander of the Army shall be appointed by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence, from among general officers accredited to the General Staff who may not be placed in reserve. The Commander of the Army shall hold the rank of General, and such rank shall be designated the Commander of the Army's rank; he shall be directly attached to the Minister of National Defence.

ARTICLE 20

Duties of the Army Commander

The Commander of the Army shall be responsible for preparing the Army for its assigned missions, raising its combat readiness and commanding military operations, which requires: - Executing voluntary and compulsory enlistment. - Organising units and formations, defining their missions and management. - Executing alert and mobilisation operations upon their declaration. - Preparing plans, combat orders and logistical programmes. - Anticipating Army needs, maintaining equipment levels and completing procurement after receipt from the General Administration. - Commanding military operations. - Commanding security operations when the Army is charged with security maintenance duties. The Intelligence Directorate shall be attached to the Commander of the Army, except in matters of military security where it shall be attached to the Chief of Staff; it shall provide the Prime Minister and Vice-Chairman of the Supreme Defence Council with all information.

1. For the direct attachment of the Intelligence Directorate, the Guidance Directorate and the Documentation and Studies Centre to the Commander of the Army, see Articles 3, 4, 5 and 5 bis of Decree No. 3771 dated 22/1/1981 on the general organisation of the Army.

ARTICLE 21

Appointment of the Chief of Staff and Deputy Chiefs of Staff

The Chief of Staff shall be appointed by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence after consulting the opinion of the Commander of the Army, from among general officers accredited to the General Staff who may not be placed in reserve. The Chief of Staff shall deputise for the Commander of the Army in his absence and shall exercise his duties and powers throughout the period of his absence. Deputy Chiefs of Staff shall be appointed by decree upon the proposal of the Minister of National Defence with the recommendation of the Commander of the Army after consulting the opinion of the Chief of Staff, from among officers of the rank of colonel and above who may not be placed in reserve.

1. For an expanded treatment of the powers and responsibilities of Deputy Chiefs of Staff, see Articles 11 et seq. of Decree No. 3771 dated 22/1/1981 on the general organisation of the Army.

Amended 2011
ARTICLE 22

Duties of the Chief of Staff

The Chief of Staff shall assist the Commander of the Army in fulfilling his responsibilities and executing his duties by controlling the work of the General Staff departments, coordinating among them and assessing the combat readiness of the Army, which requires: - Expressing opinions on matters submitted to the Commander of the Army for appropriate decisions. - Overseeing the implementation of decisions taken. - Supervising the Army's readiness in terms of equipment and personnel. - Proposing methods and means to help develop the work of the General Staff and improve service levels for combat units. - Supervising manpower, preparation and reserve affairs. In operational situations determined by decree taken in the Council of Ministers, the Chief of Staff may refer to the Supreme Defence Council through the Minister of National Defence in the event of a divergence of views between him and the Commander of the Army.

1. For an expanded treatment of the powers and responsibilities of the Chief of Staff, see Articles 7 et seq. of Decree No. 3771 dated 22/1/1981 on the general organisation of the Army.

ARTICLE 23

Appointment of the Director-General of Administration and His Duties

1 - Appointment of the Director-General of Administration: The Director-General of Administration shall be appointed by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence, from among general officers accredited to the General Staff or Administration (register) who may not be placed in reserve. The Director-General shall be directly attached to the Minister of National Defence. 2 - Duties of the Director-General of Administration: First - Subject to the provisions of the Public Accounting Law and the powers of the Minister of National Defence and the Military Council as set forth in this Legislative Decree, the Director-General of Administration shall take the legal and regulatory measures and procedures to secure the Army's various needs and required services, to prepare the budget and monitor its execution, to monitor the use of funds of institutions attached to the Army establishment, and to manage the canteen institutions referred to in this article. Second - The working procedures between Army Command and the Directorate-General of Administration shall be determined by instructions issued by the Minister of National Defence upon the proposal of the Military Council. 3 - The Directorate-General of Administration shall be composed of: the Secretariat, the Supply Service, the Strength Service, the Engineering Service, the Geography Service, the Health Service, the Finance Service, and canteen institutions (the Economic Institution, the Officers' Mutual Aid Institution, the NCOs and Ranks Mutual Aid Institution, and the Civilian Employees Mutual Aid Institution).

1. The staff establishment of the Directorate-General of Administration at the Ministry of Defence, conditions of appointment, working procedures, and powers and responsibilities of its personnel were determined pursuant to Decree No. 3119 dated 14/6/1980.

Amended 2011
ARTICLE 24

Appointment of the Inspector-General and His Duties

1 - Appointment of the Inspector-General: The Inspector-General shall be appointed by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence, from among general officers accredited to the General Staff who may not be placed in reserve. The Inspector-General shall be directly attached to the Minister of National Defence.

  1. 1)Duties of the Inspector-General:
  2. 2)The Inspector-General shall be responsible for inspecting all institutions and departments of the Ministry of National Defence, and shall: verify the application of laws and regulations and the implementation of orders and instructions; and submit necessary proposals for the proper conduct of work in the various capacities of the Army, the Directorate-General of Administration and their activities.
  3. 3)The working procedures between Army Command and the Inspectorate-General shall be determined by instructions issued by the Minister of National Defence upon the proposal of the Military Council.
Amended 2011
ARTICLE 25

Composition of the General Inspectorate

The Inspectorate-General shall be composed of: - A Secretariat. - An Inspectorate of Education, Manpower and Sports. - An Inspectorate of Arms covering the use of all types. - A Health Inspectorate. - An Administrative Inspectorate for Personnel, Mutual Aid and Finance.

1. The staff establishment of the Inspectorate-General at the Ministry of National Defence, conditions of appointment, working procedures, and powers and responsibilities of its personnel were determined pursuant to Decree No. 2790 dated 14/3/1980.

ARTICLE 26

Composition of the Military Council

1 - The Military Council shall be composed of: - The Commander of the Army, as Chairman - The Chief of Staff, as Vice-Chairman - The Director-General of Administration, as Member - The Inspector-General, as Member - The Secretary-General of the Supreme Defence Council, as Member - A general officer appointed by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence after consulting the opinion of the Commander of the Army, as Member

  1. 1)The Chairman of the Council may invite any person he deems appropriate to attend Council meetings.
  2. 2)A secretariat called «the Secretariat of the Military Council» shall be established at the Military Council; its staff establishment shall be determined by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence.

1. The staff establishment of the Secretariat of the Military Council at the Ministry of National Defence, conditions of appointment, working procedures, and powers and responsibilities of its personnel were determined pursuant to Decree No. 2789 dated 14/3/1980.

Amended 1992
ARTICLE 27

Powers of the Military Council

  1. 1)The Military Council shall approve:
  2. 2)The organisation of all principal institutions of the Ministry of National Defence.
  3. 3)The assignments of regional commanders, corps, regiments and commanders of air and naval forces and military academy commanders and their equivalents, which shall be issued by decree.
  4. 4)The assignments of directors, branch chiefs and unit commanders in the Army establishment upon the proposal of the Commander of the Army.
  5. 5)The suspension of officers of the rank of colonel and above for a period exceeding one month.
  6. 6)The promotion of officers to the rank of captain and above; such promotions shall be issued by decrees upon the proposal of the Minister of National Defence.
  7. 7)The award of decorations to officers by decrees upon the proposal of the heads of principal institutions.
  8. 8)The withdrawal of decorations.
  9. 9)The Military Council shall also approve: conditions of admission of civilians to military academies and conditions of appointment therein; the establishment and organisation of military academies; the referral of officers to the Disciplinary Council; the secondment of military personnel to attend training courses abroad; categories and specifications of equipment, weapons and matériel; lists of candidates for the Military Academy and lists of graduates; the preparation of promotion lists for the rank of captain and above; the appointment of heads of study and intelligence committees; and the appointment of liquidators and officers charged with signing expenditure contracts.
  10. 10)The Military Council shall establish permanent instructions for the proper conduct of work in the principal institutions and manpower and equipment schedules.
  11. 11)The Military Council shall give its opinion on contracts at their various stages and shall examine special specifications.
  12. 12)The Military Council shall submit its recommendations to the Minister of National Defence regarding budget proposals, defence determination and the designation of military attachés.
ARTICLE 28

Meetings of the Military Council

The Military Council shall meet periodically in accordance with a schedule determined by its Chairman by decision at the beginning of each year. The Council may also meet exceptionally upon the request of the Minister of National Defence, or a convocation by the Chairman of the Military Council, or a request from half its members. A meeting of the Council shall not be valid unless five members are present. The resolutions of the Military Council shall be adopted by majority; in the event of a tie, the Chairman's vote shall be the casting vote. The Chief of Staff shall chair the Military Council in the event of the Chairman's absence. The deliberations and resolutions of the Military Council shall be strictly confidential.

ARTICLE 40

Definition of Promotion

Promotion is the transition from one rank to a higher rank.

ARTICLE 41

Promotion of Non-Commissioned Officers and Privates

  1. 1)A private may not be promoted to senior private before completing one year in service, and the proportion of senior privates must not exceed 25% of the total strength of privates and senior privates.
  2. 2)Promotion to the rank of corporal may not take place until two years in service have been completed.
  3. 3)A corporal may not be promoted to senior corporal unless he has completed one year in service in the rank of corporal, and the proportion of senior corporals must not exceed 25% of the total strength of corporals and senior corporals.
  4. 4)Promotion from sergeant to senior specialist may not take place unless the candidate has spent two years in the preceding rank, provided that seniority in service as corporal and corporal, or sergeant or sergeant together, is counted for promotion to the rank of sergeant.
  5. 5)5 -
  6. 6)The text of paragraph 5 of Article 41 was amended pursuant to Article 11 of Legislative Decree No. 1 dated 26/9/1984, substituting «Army Command» for «Military Council»:
  7. 7)Promotion of NCOs and ranks may only be effected for those who have fulfilled the legal conditions specified in a special regulation issued by decision of the Military Council.
  8. 8)Direct superiors shall draw up nomination lists for the promotion of NCOs and ranks, which shall be submitted through the chain of command to the Commander of the Army for decision.
  9. 9)The promotion of NCOs and ranks shall be by selection and decided by the Commander of the Army.
  10. 10)Students of the Military Academy and students of the NCO School shall be exempted from the provisions of this article and shall be subject for the purposes of promotion to the special regulations of each of these schools.
  11. 11)9 -
  12. 12)And replaced by the following text:
  13. 13)- NCOs and ranks may not be promoted after reaching the statutory age limit for their rank.
  14. 14)- While retaining their seniority qualifying for promotion, NCOs and ranks may be promoted exceptionally, contrary to promotion conditions and even during extended service, if it is established that they performed distinguished acts during combat operations, security operations or armed internal engagements, by decision of the Minister of National Defence upon the proposal of the Commander of the Army and with the approval of the Military Council.
  15. 15)The text of the third sub-paragraph of paragraph (9) of Article 41 was amended pursuant to Article One of Law No. 17 dated 10/2/2017 and now reads as follows:
  16. 16)Notwithstanding any other provision, the NCO or rank who is killed or martyred in any of the circumstances mentioned above, or in the course of an ordered flight or navigation mission, or who is killed or dies as defined in paragraph 1 of Article 94, shall be promoted to the next higher rank provided he did not benefit from a promotion for distinguished acts under the same circumstances; the deceased shall be deemed to have been promoted to the rank to which he was promoted, by decision of the Minister of National Defence upon the proposal of the Commander of the Army and with the approval of the Military Council.
  17. 17)- If the martyred NCO or rank was already on a study list for a higher rank before the date of his martyrdom, he shall be promoted to that rank by decision of the Minister of National Defence upon the proposal of the Commander of the Army and with the approval of the Military Council before applying the above provisions.
  18. 18)- If the martyred NCO holds the rank of senior specialist, he shall be promoted to the rank of second lieutenant and his entitlements shall be settled on the basis of the salary due in that rank.
  19. 19)A senior specialist shall be exceptionally promoted to the rank of second lieutenant when any of the conditions set out in paragraph 9 above are met, in accordance with the officer promotion procedures.
  20. 20)NCOs and ranks may not be promoted after retirement upon reaching the statutory age limit except when called up to complete service and upon performing outstanding acts of bravery, in which case they shall be exempted from the statutory age limit for the new rank.
  21. 21)The extended-service NCO (first year - second year - third year) who is killed or dies in any of the circumstances specified in paragraph 1 of Article 94 of the National Defence Law shall be promoted to the rank of «sergeant», by decision of the Minister of National Defence upon the proposal of the Commander of the Army and with the approval of the Military Council, and the effects of paragraph 1 of Article 94 of the National Defence Law shall apply to him.
Amended 1990Amended 2017Amended 2017
ARTICLE 42

Promotion of Officers

1 - The text of paragraph (1) of Article 42 was amended pursuant to Article One of Law No. 742 dated 15/5/2006 and now reads as follows: Officers shall be promoted within the limits of vacant posts and within the appropriations allocated in the budget, provided the candidate's name has been entered on the promotion list. As for the Military Academy and other military schools in Lebanon or abroad, the promotion of officer cadets therein shall be governed by decision of the Minister of National Defence upon the proposal of the Commander of the Army, provided promotion in these schools does not exceed the rank of senior specialist and the officer cadet has successfully completed the third year of study if it exceeds three years, including those spent at the Military Academy.

  1. 1)Seniority in the rank of second lieutenant shall be counted for promotion purposes and for the receipt of the salary difference on account of the period spent at the rank of senior first assistant in accordance with the conditions of paragraph 1 of this article. The period spent in reviewing annual studies after promotion to senior specialist rank shall not count for seniority in the rank of second lieutenant or for receipt of the salary difference.
  2. 2)The candidate's seniority in rank and service, his qualifications, general and professional competence and the assessment of his superiors shall be taken into account in selecting him for promotion.
  3. 3)The promotion of officers shall be issued by decree upon the proposal of the Minister of National Defence.
  4. 4)The names of candidates shall be entered on the promotion list in order of their seniority in rank, and promotions shall be effected in accordance with the order of this list. However, preference may be given when ordering names on the promotion list to those who have distinguished themselves through their service.
ARTICLE 43

Promotion of a Second Lieutenant to First Lieutenant

A second lieutenant shall be promoted to first lieutenant: - By selection after three years in the rank. - By seniority after four years in the rank.

ARTICLE 44

Promotion to the Rank of Captain and Above

The text of Article 44 was amended pursuant to Article 3 of Law No. 135 dated 14/4/1992 and now reads as follows:

  1. 1)Promotion to the rank of captain, colonel or major general shall be by selection after the candidate has spent at least four years in the rank immediately below it.
  2. 2)Promotion to the rank of major, lieutenant colonel or colonel shall be by selection after the candidate has spent at least five years in the rank immediately below it.

Article 45 The text of Article 45 concerning promotion from the rank of captain to major and from lieutenant colonel to colonel was repealed pursuant to Article 12 of Legislative Decree No. 1 dated 26/7/1984.

Amended 1992
ARTICLE 45

The text of Article 45 concerning promotion from the rank of captain to major and from lieutenant colonel to colonel was repealed pursuant to Article 12 of Legislative Decree No. 1 dated 26/9/1984.

ARTICLE 46

Determination of the Proportion of Officers Promoted from the Ranks

The proportion of officers promoted from the ranks relative to the total officers listed in the Army establishment referred to in Article 21 of this Legislative Decree shall be determined by decree upon the proposal of the Minister of National Defence with the recommendation of the Commander of the Army.

ARTICLE 47

Granting Seniority for Promotion

  1. 1)An officer may be granted a seniority credit for promotion of between approximately three and six months for distinguished acts performed during combat operations, security operations or armed internal engagements.
  2. 2)The seniority credit for promotion shall be granted by decree upon the proposal of the Minister of National Defence based on the recommendation of the Commander of the Army and the approval of the Military Council.
ARTICLE 48

Procedures for Promoting Officers

  1. 1)Officers shall be nominated for promotion once a year during the month of November. The nomination list must include all officers who have fulfilled the conditions for nomination.
  2. 2)The text of paragraph (2) of Article 48 was amended pursuant to Article 6 of Law No. 169 dated 29/08/2011 and now reads as follows:
  3. 3)Students of the Military Academy and other specialist and technical schools, as well as second lieutenants nominated for promotion to first lieutenant and officers nominated for the rank of major general, shall be exempted from the provisions of paragraph (1) of this article; the promotion of students to the rank of second lieutenant shall be governed by the procedures specified in their academy regulations, and to first lieutenant in accordance with the provisions of Article 43 of this Legislative Decree.
  4. 4)Before the first of December of each year, the Commander of the Army shall submit to the Minister of National Defence draft decisions for entering officers up to the rank of colonel on the promotion list.
  5. 5)The Minister of National Defence shall issue and publish during the month of December of each year a decision entering officers up to the rank of colonel on the promotion list based on the draft proposals referred to in paragraph 2 of Article 27 of this Decree.
  6. 6)The text of paragraph (5) of Article 48 was amended pursuant to Article 6 of Law No. 169 dated 29/08/2011 and now reads as follows:
  7. 7)The Minister of National Defence shall issue and publish during the month of December of each year a decision entering officers for the rank of colonel on the promotion list based on the proposals referred to in paragraph 2-2 of Article 27 of this Legislative Decree.
  8. 8)The organisation of the Army, its establishment, working procedures, and powers and responsibilities of commanders and superiors shall be issued by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence and after consulting the opinion of the Commander of the Army and the Council of State.
  9. 9)Army regulations and permanent instructions not provided for in this Legislative Decree shall be issued by decisions of the Minister of National Defence upon the proposal of the Commander of the Army and with the approval of the Military Council.
  10. 10)The text of paragraph (6) of Article 48 was amended pursuant to Article 6 of Law No. 169 dated 29/08/2011 and now reads as follows:
  11. 11)Decrees promoting officers from the lowest rank up to brigadier general shall be issued on the first of January and the first of July of each year; officers' names shall be arranged in these decrees in accordance with military seniority, taking into account the provisions of paragraph (5) of Article (42) of this Legislative Decree.
  12. 12)Officers may not be promoted after retirement upon reaching the statutory age limit except when called up to complete service and upon performing outstanding acts of bravery; in such case they shall be exempted from the statutory age limit for the new rank.
  13. 13)New text was added to paragraph (8) of Article 48 pursuant to Article 3 of Legislative Decree No. 604 dated 22/05/1990, then this text was entirely amended pursuant to Article 6 of Law No. 169 dated 29/08/2011 and Article One of Law No. 17 dated 02/10/2017 and now reads as follows:
  14. 14)Notwithstanding any other provision, an officer who is martyred during security operations or armed internal engagements, or in the event of an ordered flight or navigation, or who is killed or dies as defined in paragraph 1 of Article 94, shall be promoted to the next higher rank and shall be deemed martyred in the rank to which he was promoted.
  15. 15)If he was already entered on the promotion list for a higher rank before the date of his martyrdom, he may be promoted to that rank after the required minimum period before applying the provisions of the first part of this paragraph.
  16. 16)If the martyred officer holds the lowest rank, his entitlements shall be settled on the basis of the salary allocated for the highest grade in his rank.
  17. 17)If an officer dies without having exercised the right granted to him under paragraphs 6, 7, 8 and 9 of Article (51) of this Legislative Decree in accordance with the seniority and hierarchy attached thereto in those paragraphs, he may be retired at the higher rank after his promotion thereto and at the grade he would have been entitled to in that rank, notwithstanding any other provision and regardless of the period of active service he completed.
  18. 18)If an officer who is entered on the promotion list for a higher rank dies, he shall be promoted to that rank at the grade he would be entitled to therein, and his entitlements shall be settled in accordance with applicable laws.
  19. 19)The cadet officer (first year - second year - third year) who is killed or dies in any of the circumstances specified in paragraph 1 of Article 94 of the National Defence Law shall be promoted to the rank of second lieutenant, and the effects of paragraph 1 of Article 94 of the National Defence Law shall apply to him.

1. Article 21 of this Legislative Decree, before its amendment, provided as follows:

2. Pursuant to Article 4 of Law No. 135 dated 14/4/1992: «Decisions regarding those entitled during the remainder of the year 1992 referred to in paragraphs 3-5 of Article 48 of Legislative Decree No. 102 dated 16/9/1983 shall be issued before 30/6/1992 at the latest», for documentation purposes.

3. The phrase «...from each decision registering officers...» was corrected to read «...from each year a decision registering officers...» pursuant to a correction of a typographical error published in Official Gazette No. 43 dated 15/09/2011, for documentation purposes.

Amended 2011Amended 2011Amended 2017
ARTICLE 79

Calculation of Retirement Pension

The text of Article 79 was amended pursuant to Article One of Law No. 273 dated 11/3/1993, Article 4 of Law No. 718 dated 11/5/1998, the sole article of Law No. 2 dated 20/2/1999, Law No. 173 dated 14/2/2000 and Law No. 309 dated 03/04/2001 and now reads as follows:

  1. 1)The pension shall be settled on the basis of one quarter of the last monthly salary, calculated in accordance with the provisions of paragraph 2 below, multiplied by the number of years of service up to a maximum of forty years; the volunteer or the family of a volunteer who dies in service shall also receive, in addition, a severance payment equivalent to three months' salary for each year exceeding forty years.
  2. 2)For the purposes of calculating the pension and severance pay, one twenty-fourth of the value of the last grade in active service shall be added to the last basic monthly salary received by the volunteer at the date of termination of his service or at the date of his death, multiplied by the number of months the volunteer spent in service after his last increment.
  3. 3)- The result shall be multiplied by 85% (eighty-five percent).
  4. 4)The provisions of paragraphs 1 and 2 above shall apply to Articles 86, 88 and 94 of the aforementioned Legislative Decree.
  5. 5)The following paragraph was added at the end of the text of Article 79 pursuant to the sole article of Law No. 2 dated 20/2/1999, then this paragraph was amended pursuant to Law No. 309 dated 03/04/2001 and now reads as follows:
  6. 6)For the purposes of calculating the pension and severance pay for military personnel whose service ended during the years 1995, 1996, 1997, 1998, 1999 and 2000, the provisions of this law applicable to their counterparts whose service ended after 1/1/1999 shall apply to them, including the conversion of salaries and the new bases for calculating pension and severance pay, and their entitlements shall be re-settled on this basis.
  7. 7)The following paragraph was added to the text of Article 79 pursuant to Article 21 of Law No. 173 dated 14/2/2000:
  8. 8)The pension and severance pay calculated pursuant to the paragraphs of this article must not fall below the pension and severance pay calculated pursuant to previously applicable laws.

1. See Law No. 161 dated 13/8/1992 on amending certain provisions of the pension and discharge from service system.

2. Law No. 2/1999 was published in Official Gazette No. 9 dated 25/2/1999.

3. For the settlement of pensions and severance pay for institutions attached to the Ministry of National Defence, see Decree No. 172 dated 10/6/1989.

4. The provisions of this law referred to are the provisions of Law No. 718 dated 11/5/1998.

5. This amendment was published in Official Gazette No. 51 dated 12/11/1998.

Amended 1993Amended 1999Amended 2000
ARTICLE 80

Elements of Retirement Pension and Severance Pay

  1. 1)The following elements shall be included in calculating pension or severance pay: number of years of active service, bonuses and additions.
  2. 2)The bonuses added to years of active service are:
  3. 3)Double the period of active service completed in an operational combat zone in time of war, or during first-degree security operations in time of war and peace.
  4. 4)Double the period of active service completed outside an operational combat zone in time of war, and during second-degree security operations in time of peace and war.
  5. 5)Half the period of active service completed on the front lines during a truce, or during third-degree security operations in time of peace and war.
  6. 6)An addition equivalent to three days for each hour of military flight for aviators and pilots, provided the total of these additions does not exceed 18 months per calendar year; only half shall be counted upon receipt of severance pay.
  7. 7)The additions referred to in sub-paragraph «d» shall be counted in full for pension settlement purposes within the maximum limit provided for in Article 82 of this Legislative Decree; only half shall be counted upon receipt of severance pay.
  8. 8)An addition equivalent to three months for each year of active peacetime service aboard a naval vessel in Lebanon or abroad.
  9. 9)An addition for specialist officers equivalent to the number of years of university study completed at their own expense.
  10. 10)An addition for specialist physicians equivalent to the number of years of university and specialist study completed at their own expense.
  11. 11)Disability additions: granted to those who have acquired the right to a pension if it is established at the time of their retirement that they are suffering from a disability resulting from injuries or service-related illnesses or retired on account of them; these additions are calculated as follows:
  12. 12)- One year if the degree of disability is ten percent and below twenty percent.
  13. 13)- Two years if the degree of disability is 20% and below 40%.
  14. 14)- Three years if the degree of disability is 40% and below 60%.
  15. 15)- Four years if the degree of disability is 60% and below 70%.
  16. 16)- Five years if the degree of disability is 70% and below 80%.
  17. 17)- Six years if the degree of disability is 80% and below 90%.
  18. 18)- Seven years if the degree of disability is 90% and above.
  19. 19)The bonuses and additions referred to in paragraph 2 of this article shall not entitle the person concerned to a pension if he has not completed the minimum service period specified in this Legislative Decree in active service, but they shall be included in the calculation of severance pay, with the exception of the additions referred to in sub-paragraphs f, g and h, which are only included in the pension calculation.
  20. 20)Bonuses and additions shall be calculated in months; fractions of a month shall not be counted after aggregating bonuses and additions with active service; nor shall bonuses and additions exceeding 24 months per year of active service be counted.
  21. 21)The zones, circumstances and situations conferring the right to war bonuses shall be determined by decree issued upon the proposal of the Minister of National Defence.

1. The reference in this article is to Article 4 of Law No. 718/1998 which amended Article 79 of Legislative Decree No. 102/1983 (National Defence Law), i.e. the new amended text of Article 79, for documentation purposes.

2. Several decrees were issued determining the war bonuses granted to military personnel.

ARTICLE 81

Aggregation of Previous Service

  1. 1)For the purposes of pension and salary grade, service rendered in any of the armies and military formations listed below shall be credited to every Lebanese service member who was under arms on 10/2/1950; the relevant military formations and armies are:
  2. 2)The Gendarmerie and other military formations that were under the States covered by the French mandate.
  3. 3)Formations of the allied conventional armies during the war of 1939-1945.
  4. 4)- Such service shall only be counted if pension deductions were paid for it and if the service member was under arms on 20/6/1963.
  5. 5)- These pension deductions shall be calculated on the basis of the salaries of the Eastern Armies; war additions accrued during this period shall be counted in calculating the pension and severance pay.
  6. 6)If a retired person is reinstated in active service, he may request that his prior services be included in his pension or severance pay calculation, provided he submits a request to that effect within three months from the date of his return to service and reimburses the Treasury for amounts received pursuant to this Legislative Decree as follows:
  7. 7)By deducting 15% from his salary for pension contributions if called up to resume service as a reservist.
  8. 8)In a lump sum or in monthly instalments over the period of his new enlistment contract if he resumed service thereunder.
  9. 9)If he is subsequently discharged, the following measures shall be taken:
  10. 10)If discharged for non-service-related health reasons or at his own request before fully repaying the instalments, he shall receive severance pay instead of pension and the outstanding balance shall be deducted therefrom.
  11. 11)If dismissed before fully repaying the instalments, half the instalments paid shall be refunded to him and his entitlements settled on the basis of his new period of service.
  12. 12)If discharged for service-related health reasons and he receives a pension, the 15% deduction shall be applied to his pension until fully paid; if he receives severance pay, the outstanding balance shall be deducted therefrom.
  13. 13)If he dies during service for any reason, the provisions of sub-paragraph (c) of paragraph 3 of this article shall apply to his heirs.
ARTICLE 82

Maximum Limits of Retirement Pension

1 - The text of paragraph 1 of Article 82 was repealed pursuant to Article 3 of Law No. 273 dated 11/3/1993. h (1) - A volunteer whose service exceeds forty years, including war bonuses, shall receive, in addition to the pension to which he is entitled, a severance payment equivalent to two months' salary subject to pension deductions for each year exceeding this limit, whether in active service or bonuses. - A volunteer and the family of a volunteer who dies in service for any reason, whose service exceeds forty years including war bonuses, shall receive, in addition to the pension to which they are entitled, a severance payment equivalent to two months' salary subject to pension deductions for each year exceeding this limit, whether in active service or bonuses; the provisions of this paragraph shall apply as of the date of entry into force of this Legislative Decree, and to families of service members pursuant to the provisions of Article 94-1 and 2 of Legislative Decree No. 102 dated 16/9/1983 (National Defence) and its amendments as of 1/1/1989. If the disability additions referred to in sub-paragraph (h) of Article 80 of this Legislative Decree are included in calculating the service of the volunteer, he shall only be entitled to the severance payment referred to above for each year exceeding forty-five years, whether in active service or bonuses and additions. 2 - Officers holding the rank of General, whether already retired or to be retired in the future, shall enjoy the rights set out in the following table: The table annexed to Article 82 was replaced pursuant to Article One of Law No. 43/1988 dated 24/6/1988 by the table annexed to that law, then replaced pursuant to Article 5 of Law No. 718 dated 11/5/1998 by Table No. 7 annexed to that law, which reads as follows:

<table> <tr> <th>Rank</th> <th>Equipment Allowance</th> <th>Rank Allowance</th> </tr> <tr><td>General</td><td>100%</td><td></td></tr> <tr><td>Major General</td><td>100%</td><td></td></tr> <tr><td>Brigadier General</td><td>100%</td><td></td></tr> <tr><td>Colonel</td><td>100%</td><td></td></tr> <tr><td>Lieutenant Colonel</td><td>100%</td><td></td></tr> <tr><td>Major</td><td>100%</td><td></td></tr> <tr><td>Captain</td><td>100%</td><td></td></tr> <tr><td>First Lieutenant</td><td>100%</td><td></td></tr> <tr><td>Second Lieutenant</td><td>100%</td><td></td></tr> </table>

  1. 1)Paragraph 2 above shall apply as of the date of entry into force of this Legislative Decree and shall have no retroactive effect.
  2. 2)The entitlements of officers benefiting from the provisions of paragraph 2 above shall be determined by the Pension Settlement Committee and allocated to them in accordance with applicable procedures for allocating pensions.
  3. 3)An officer who previously held the post of Army Commander and who was a minister while in active service shall benefit from the entitlements determined by this Legislative Decree for the rank of General.
  4. 4)- 90% of the value of these entitlements shall be allocated to the family members of a martyred officer.
  5. 5)- 50% of the value of these entitlements shall be allocated to the family members of an officer who dies in service or in retirement.
  6. 6)- The entitlements of those benefiting from these allocations shall be determined by the Pension Settlement Committee, allocated to them and deducted therefrom in accordance with applicable pension allocation procedures, taking into account the provisions of Article 94-9 of this Legislative Decree.
  7. 7)- The provisions of this paragraph shall apply to prior cases of death and martyrdom without any retroactive effect.
  8. 8)Subject to the provisions of Article 98 of this Legislative Decree, the entitlements specified in the table referred to in paragraph «a» above shall be transferred to the entitled family members of the beneficiary upon the replacement of the driver and escort with the corresponding monetary allowance determined for them, in the proportions specified for each case as follows:
  9. 9)- 90% of the value of these entitlements for the family members of an officer martyred in service or who dies in service or in retirement.
  10. 10)- 75% of the value of these entitlements for the family members of an officer who dies in service or in retirement.
  11. 11)- The entitlements of those benefiting from these allocations shall be determined by the Pension Settlement Committee, allocated to them and deducted therefrom in accordance with applicable pension allocation procedures, taking into account the provisions of Article 94-9 of this Legislative Decree.
  12. 12)- The provisions of this paragraph shall apply to prior cases of death and martyrdom without any retroactive effect.

1. The text of the first passage of sub-paragraph (h) of Article 82 was repealed pursuant to Article One of Legislative Decree No. 621 dated 6/6/1990 (issued by the government of President Michel Aoun) and replaced by the following text:

2. Pursuant to Article One of Legislative Decree No. 594 dated 8/5/1990 (issued by the government of President Michel Aoun) and not published in the Official Gazette, paragraph 5 was added to Article 82.

Amended 1993Amended 1992
ARTICLE 83

Amendment of Retirement Pension

  1. 1)A pension may not be revised unless the retired person renders new services for a period of at least one year, continuous or intermittent; the periods of compulsory training to which reservists are called shall not be included in this period if the period ended thirty continuous days.
  2. 2)The pension shall not be added to the active service salary or its equivalent except for reservists upon their call-up and within the limits of Articles 137 and 138 of this Legislative Decree.
  3. 3)The pension of a volunteer retired after 1/7/1974 must not be less than the pension of a volunteer who retired before that date and benefited from the provisions of Law No. 40/64 dated 12/12/1964, if the latter had equal or greater seniority in service and rank.
ARTICLE 84

Right to Choose Between Retirement Pension and Severance Pay

  1. 1)Every officer discharged after acquiring the right to claim a pension, and who has completed at least twenty-five years in active service, shall have the right within one month of the date of his discharge to request that this pension be replaced by the severance pay provided for in Article 91 of this Legislative Decree.
  2. 2)Every non-officer volunteer discharged after acquiring the right to claim a pension shall have that pension allocated to him; he shall not be entitled to request that it be replaced by severance pay unless he is retired upon reaching the statutory age limit.
  3. 3)A volunteer who joins State institutions after his discharge shall not be entitled to severance pay or a pension; instead, the period he spent at the Ministry of National Defence shall be added to his subsequent State service.
ARTICLE 85

Types of Disability Pension

  1. 1)A disability pension shall be allocated to those who are permanently retired for health reasons resulting from service-related illnesses or injuries.
  2. 2)The disability pension shall be:
  3. 3)Temporary when the cause is incurable and the degree of disability is subject to increase or decrease.
  4. 4)Permanent when the cause is incurable and the degree of disability has been definitively determined within four years of the date of discharge.
ARTICLE 86

Settlement of Disability Pension and Severance Pay for Volunteers Discharged for Health Reasons

Disability pensions and severance pay for volunteers who are permanently discharged for health reasons shall be settled according to the degree of disability as follows: The text of the first passage before sub-paragraph (a) of Article 86 was amended pursuant to Article One of Law No. 17 dated 02/10/2017 and now reads as follows: 1 - If a volunteer, regardless of his seniority in service, is discharged because of an infirmity, illness or injury sustained in any of the following circumstances: - During an armed engagement with an enemy, armed gangs or groups disturbing security. - As a result of an assault suffered in the course of performing his duties. - While performing an altruistic act to save the life of another. - During military manoeuvres, field training or other training exercises conducted.

He shall receive a disability pension equivalent to:

  1. 1)60% of the last month's salary subject to pension deductions if the degree of disability is 30% and below 50%.
  2. 2)85% of the last month's salary subject to pension deductions if the degree of disability is 50% and below 75%.

The text of sub-paragraph (c) of paragraph (1) of Article 86 was amended pursuant to Article One of Law No. 17 dated 10/02/2017 and added as follows:

  1. 1)75% of the salary subject to pension deductions allocated to the highest grade of the rank immediately above his rank, including above-ceiling grades, if the degree of disability is 75% and above; the pension allocated to the sergeant and corporal ranks shall be calculated on the basis of the rank of sergeant, and the pension allocated to the senior specialist and officer cadet shall be calculated on the basis of the rank of second lieutenant, provided the salary of the rank above exceeds his salary by at least one grade.
  2. 2)30% of the last month's salary subject to pension deductions if the degree of disability is 20% and below 30%.
  3. 3)If the degree of disability is below 20%, he shall receive severance pay plus 100%.
  4. 4)If a volunteer, regardless of his seniority in service, is discharged because of an infirmity, illness or injury resulting from service in circumstances other than those described in paragraph 1 of this article, he shall receive a disability pension equivalent to:
  5. 5)One-third of the last month's salary subject to pension deductions if the degree of disability is 30% and below 50%.
  6. 6)Half of the last month's salary subject to pension deductions if the degree of disability is 50% and below 75%.
  7. 7)75% of the last month's salary subject to pension deductions if the degree of disability is above 75%.
  8. 8)One-quarter of the last month's salary subject to pension deductions if the degree of disability is 20% and below 30%.
  9. 9)If the degree of disability is below 20%, he shall receive severance pay plus 75%.
  10. 10)If a volunteer is discharged because of an accident or illness not attributable to service but exacerbated by it, his entitlements shall be settled as follows:
  11. 11)If he has completed 15 years in service, he shall receive a pension based on his service including 50% of the disability additions referred to in Article 80 of this Legislative Decree.
  12. 12)If he has not completed fifteen years in service, he shall receive the severance pay due to him plus an addition of 30% of that severance pay.
  13. 13)If the volunteer has completed fifteen years, he shall be retired and benefit from the additions referred to in Article 80 of this Legislative Decree according to the degree of disability.
  14. 14)If the volunteer's entitlements under paragraphs 1, 2 and 3 of this article conflict with his entitlements under paragraph 4 of this article, the more favourable entitlements shall be granted.
ARTICLE 87

Determination of Temporary Disability Pension

1 - The temporary disability pension for volunteers of all ranks shall be determined for a period of two years, renewable once after a medical examination and after reviewing the temporary disability pension at the end of each period to increase or decrease it if the disability changes by not less than 10%.

In any event, the temporary disability pension may not be increased if the increase in the degree of disability is due wholly or in part to factors external to the primary cause of disability, such as ageing, fatigue, intemperance, misconduct, etc.

  1. 1)The disability pension shall be cancelled when the degree of disability disappears or falls to a level that does not give the right to claim this pension; in such case the following measures shall be taken:
  2. 2)The amounts received by the person while in temporary disability shall be retained as an acquired right for him.
  3. 3)The competent authority may, if the conditions for fitness for military service are met, return the person to active service either by resuming the remaining period of his previous employment contract that was suspended due to his disability, or under a new contract.
  4. 4)The entitlements (pension, severance pay) of the person concerned shall be settled upon his final discharge in accordance with applicable laws on the basis of total completed service.
  5. 5)The person concerned shall be entitled, if he does not resume service, to claim severance pay or pension entitlements in accordance with applicable laws as of the date of cancellation of his temporary disability pension on the basis of his total prior service before the temporary disability period, taking into account the remaining degree of disability.
  6. 6)The time spent in temporary disability shall not be counted as active service.
  7. 7)The authority that ordered the grant of temporary disability pension shall be the one to decide on fitness to resume service for the reasons stated in paragraph 1 of this article.
ARTICLE 88

Affliction with Mental Illness, Blindness, or Paralysis

If the service member becomes insane after completing five or more years in service, he shall receive a disability pension equivalent to half of the last month's salary applicable to pension deductions plus full family allowance. Such salary shall also be received regardless of the length of service if he is afflicted, in circumstances not appropriate for service, with total paralysis, complete blindness, or a degree of visual impairment that threatens complete blindness within four years of the occurrence of the injury, or a similar condition that renders the person unable to manage his own affairs, provided these conditions are determined by the Medical Investigation Committee.

ARTICLE 89

Right to Choose the Higher Pension

If a person has the right to a temporary or permanent disability pension and his service also entitles him to a retirement pension, he shall benefit from whichever pension is greater in amount.

ARTICLE 90

Family Allowances for Retirees

Retired military personnel shall receive family burden allowances as provided for in applicable laws.

ARTICLE 91

Right to Severance Pay or Retirement Deductions

The right to severance pay or pension entitlements shall be as follows:

  1. 1)Every NCO or rank discharged from service in accordance with the provisions of paragraph 3 of Article 57 of this Legislative Decree shall be granted severance pay or pension entitlements, subject to the following provisions:
  2. 2)Pension deductions withheld from his salaries shall be refunded to him if his active service is less than ten years.
  3. 3)He shall receive severance pay if his service is ten years or more.
  4. 4)Every NCO or rank discharged from service in accordance with paragraphs 4 and 5 of Article 57 of this Legislative Decree shall receive severance pay regardless of his seniority in service.
  5. 5)Every officer discharged before acquiring the right to claim a pension shall be subject to the following provisions:
  6. 6)He shall receive severance pay:
  7. 7)- If discharged permanently from service in accordance with the provisions of Articles 51 and 53 of this Legislative Decree, except by resignation, even if he has not completed ten years in service.
  8. 8)- If he is a pilot officer and discharged at his own request, provided he has completed at least 12 years in active service, of which eight years as a licensed pilot in aerial operations.
  9. 9)- If he is a specialist officer and discharged at his own written request in accordance with applicable Army laws and regulations for a minimum period of five years.
  10. 10)He shall receive severance pay plus an addition of five thousand Lebanese pounds:
  11. 11)- A pilot officer discharged with severance pay, provided his active service has not reached 15 years and at least eighteen months have elapsed since his return from a training course abroad.
  12. 12)c -
  13. 13)The text of sub-paragraph (c) of paragraph (3) of Article 91 was amended pursuant to Article 8 of Law No. 169 dated 29/08/2011 and now reads as follows:
  14. 14)He shall receive severance pay upon resignation after completing ten years in service; upon resignation before completing ten years in service, he shall receive pension deductions.
Amended 2011
ARTICLE 92

Calculation of Severance Pay

The text of Article 92 was amended pursuant to Article One of Law No. 273 dated 11/3/1993 and now reads as follows:

  1. 1)Severance pay referred to in Article 91 and calculated in accordance with paragraph 2 of Article 79 shall be computed as follows:
  2. 2)One month's salary for each of the first ten years of service.
  3. 3)Two months' salary for each year following the tenth year up to thirty years of service.
  4. 4)Three months' salary for each year exceeding thirty years of service.
  5. 5)The additions and bonuses referred to in Article 80 shall be included in the calculation of severance pay when active service is ten years or more.
  6. 6)A volunteer discharged from service for health reasons whose active service is less than ten years shall be paid severance pay equivalent to:
  7. 7)- One month's salary for each year of active service.
  8. 8)- Two months' salary for each additional year.
Amended 1993
ARTICLE 93

Limits of Severance Pay

Severance payments from service shall be made within the limits set out in this Legislative Decree.

ARTICLE 94

Transfer of Retirement Pensions and Severance Pay to the Families of Volunteers

The text of paragraph (1) of Article 94 was amended pursuant to Article 9 of Law No. 169 dated 29/08/2011, then replaced pursuant to Article One of Law No. 17 dated 10/02/2017 and now reads as follows:

  1. 1)If a volunteer is shot dead or killed by any other weapon during an armed engagement with the enemy in time of war, or during security operations within the country in time of war and peace, or in an ordered flight or navigation mission, or during military manoeuvres, field training or other training exercises conducted, or if he dies during his disability period and pending his final discharge from the Army for health reasons and the injury he sustained in the aforementioned circumstances was the direct cause of his death, his family shall be granted a pension equal to the basic salary subject to pension deductions allocated to the highest grade of the rank immediately above his rank, including above-ceiling grades, provided the salary of the rank above exceeds his salary by at least one grade.
  2. 2)If a volunteer is killed following an assault sustained in the course of performing his duties, or while performing an altruistic act to save the life of another, his family shall be granted a pension equivalent to 75% of the pension determined pursuant to paragraph 1 of this article.
  3. 3)However, if the application of sub-paragraph (a) of paragraph four below grants better entitlements, those entitlements shall be granted.
  4. 4)If a volunteer dies as a result of an accident or service-related illness occurring in circumstances other than those specified in the two preceding paragraphs, his family shall be granted a pension equivalent to fifty percent of the pension determined in paragraph 1 of this article.
  5. 5)However, if the application of sub-paragraph (a) of paragraph four below grants better entitlements, those entitlements shall be granted.
  6. 6)If a volunteer dies as a result of an illness not attributable to service but exacerbated by it:
  7. 7)If his service is eighteen years or more:
  8. 8)His family shall receive the pension he would have been entitled to on the day following the date of his death.
  9. 9)If his service is less than eighteen years but not less than five years:
  10. 10)His family shall receive a pension equivalent to 75% of the entitlements calculated on the basis of one forty-fifth of his last month's salary before his death for each year of service including war bonuses.
  11. 11)If his service is less than five years:
  12. 12)His family shall receive severance pay plus a compensation equivalent to 100% of the severance pay.
  13. 13)If a volunteer dies as a result of an accident or illness not attributable to service:
  14. 14)If his service is eighteen years or more:
  15. 15)His family shall receive the pension he would have been entitled to on the day following the date of his death.
  16. 16)If his service is less than eighteen years:
  17. 17)His family shall receive severance pay plus a compensation equivalent to 50% of the severance pay.
  18. 18)If the NCO's or rank's active service is 18 years or more, his family shall receive the pension and shall not be entitled to replace it with severance pay.
  19. 19)The heirs of officers who die in service may request within three months of the date of death that the pension be replaced by severance pay.
  20. 20)Paragraph (8) of Article 94 was repealed pursuant to Article One of Law No. 239 dated 22/10/2012.
  21. 21)The text of paragraph 9 of Article 94 was amended pursuant to Article One of Law No. 273 dated 3/11/1993 and now reads as follows:
  22. 22)In the event of the death of one of the family members receiving a pension, or in the event of the pension being cut off from any of them for any reason, the remaining eligible family members shall receive the full pension which shall be redistributed equally among them.
  23. 23)The provisions of this article shall apply as of the date of entry into force of this Legislative Decree to unmarried volunteers and to the families of volunteers who were martyred or died after 12/6/1959.

1. The text of sub-paragraph (b) of Article 3 of Legislative Decree No. 594 dated 8/5/1990 (issued by the government of President Michel Aoun) was repealed and replaced by the following: two months' salary for each year following the tenth year of active service regardless of their number, for documentation purposes.

ARTICLE 95

Financial Aid for Families of Deceased Volunteers

In addition to the pension, the families of volunteers referred to in Article 94 shall receive the financial grants set out below:

  1. 1)A volunteer covered by paragraph 1 or 2 of Article 94:
  2. 2)A financial grant equivalent to one year's salary including allowances supplementary to the salary of the deceased volunteer in active service.
  3. 3)His children shall be admitted to schools at State expense within the limits of appropriations allocated for this purpose in the budget.
  4. 4)A volunteer covered by Article 94-3: a financial grant equivalent to one year's salary including allowances supplementary to the salary of the deceased in active service.
  5. 5)A volunteer covered by paragraph 4 or 5 of Article 94:
  6. 6)a financial grant equivalent to one year's salary including allowances supplementary to the salary of the deceased in active service.
ARTICLE 96

Parents' Share of the Rights of a Martyr or Deceased Volunteer

Notwithstanding any other provision, the spouse of a martyr of the field of honour shall benefit from his full share of the pension or severance pay and from the mutual aid institution regardless of his financial situation. 1 - The father of a martyred deceased volunteer and the mother shall receive their share in the pension or severance pay and from the mutual aid institution regardless of their financial or family situation, if the deceased was unmarried or married without children. The following paragraph was added to paragraph 1 of Article 96 pursuant to Article 16 of Legislative Decree No. 1 dated 26/9/1984: If the unmarried person is martyred after the death of his parents, his minor or disabled siblings and unmarried sisters shall receive the share of their parents in the pension or severance pay and from the mutual aid institution. The provisions of the preceding paragraph shall apply as of 16/9/1983.

  1. 1)The father of a deceased volunteer who dies in service or in retirement and the mother shall receive their share of the pension or severance pay and from the mutual aid institution even if they have another child or children other than the deceased, provided the following conditions are all met:
  2. 2)If the deceased was unmarried or married without children.
  3. 3)If the father is unable to work.
  4. 4)If both parents are indigent.
  5. 5)A widowed mother shall receive her share if she is indigent regardless of the family situation of her deceased child.
Amended 2018Amended 1984
ARTICLE 97

Financial Aid for the Parents of a Deceased Volunteer

  1. 1)If the father of an unmarried or childless married deceased volunteer and the mother do not meet the conditions specified in Article 96 for receiving a pension or severance pay, they shall receive a financial grant to defray funeral expenses for their child, determined as follows:
  2. 2)One year's salary including allowances supplementary to the salary of the deceased in active service if the death resulted from circumstances specified in Article 94-1 of this Legislative Decree.
  3. 3)Six months' salary including allowances supplementary to the salary of the deceased in active service if the death resulted from circumstances specified in paragraphs 2 and 3 of Article 94 of this Legislative Decree.
  4. 4)Three months' salary including allowances supplementary to the salary of the deceased in active service if the death resulted from circumstances specified in paragraph 4 or 5 of Article 94 of this Legislative Decree.
  5. 5)The grants specified in this article shall be paid to whoever meets the funeral expenses, whether the father or the mother; if the father or mother are unable to receive the grant, it shall be paid to the closest relative of the deceased service member who bore the funeral expenses.
ARTICLE 98

Rights of the Wife of the Deceased General/Army Commander

The wife of the late Commander of the Army who dies in active service shall be entitled, as long as she has not lost her right to a pension or severance pay, to the benefit of one military car driver or a financial compensation equivalent to a private first class soldier's salary in lieu thereof, at her choice.

ARTICLE 99

Committee for Settlement of Retirement Pensions and Severance Pay

A Pension Settlement Committee shall be constituted by decree and shall be composed of: - A commanding officer or principal general officer, as Chairman - Two officers, as Members - An official from the Ministry of Finance of the rank of department head and above, as Member - The Head of the Army Pension Office, as Member and Rapporteur

ARTICLE 112

Prohibitions on Persons Subject to Military Service Obligations

  1. 1)Every Lebanese national subject to military service obligations who cannot prove that he has fulfilled those obligations shall be prohibited from exercising the following rights:
  2. 2)Voting and standing for election to various bodies, councils and other institutions.
  3. 3)Employment in any position or work in the public and private sectors, including contractual work.
  4. 4)Practising any liberal profession.
  5. 5)Departing from Lebanese territory.
  6. 6)Enrolling in schools and universities.
  7. 7)-
  8. 8)The text of paragraph 2 of Article 112 was amended pursuant to Article 5 of Law No. 665 dated 4/2/2005 and now reads as follows:
  9. 9)A priority, the conditions of which shall be determined by decrees taken in the Council of Ministers, shall be given to conscripts who have fulfilled their military service obligations for entry into various armed forces.
  10. 10)Every Lebanese national subject to military service obligations who proves that he is legally exempted, deferred, or against whom a judicial decision was issued necessitating his failure to comply, shall be exempted from the provisions of paragraph 1 of this article.

1. See Decree No. 3778 dated 13/7/1993 on determining cases of statutory exemption and deferral from military service obligations. See also Law No. 245 dated 7/12/1993 on the final exemption from military service in exchange for payment.

ARTICLE 113

Laws Applicable to the Conscript Throughout His Active Service

All laws, regulations and instructions applicable to volunteers pursuant to this Legislative Decree shall apply to conscripts throughout their active service period.

ARTICLE 144

Subjecting Reserve Personnel to Laws Applicable to Volunteers

Called-up reservists shall be subject, in accordance with the duration of their call-up, to all laws, regulations and instructions applicable to volunteers.

ARTICLE 145

Jurisdiction of Military Courts

Military courts shall hear disputes arising from the application of Article 146 of this Legislative Decree.

ARTICLE 146

Punishment of Defaulting Reserve Personnel

A reservist who fails to respond to the call-up to report to the designated post within a period exceeding 48 hours shall be considered a defaulter and shall be punished by the penalty provided for in Article 107 of the Military Justice Law.

Subsection 4

Miscellaneous Provisions

ARTICLE 49

Permitted Assignments

  1. 1)The duration of command positions and career postings shall be limited to three years, extendable by one year exceptionally. Army Command shall observe this principle in the assignments it issues.
  2. 2)The following shall be exempted from the provisions of paragraph 1 of this article:
  3. 3)The Commander of the Army (General).
  4. 4)The Chief of Staff.
  5. 5)c -
  6. 6)The text of sub-paragraph c of paragraph 2 was replaced pursuant to Article 13 of Legislative Decree No. 1 dated 26/9/1984 by the following text:
  7. 7)Members of the Military Council, specialists, artists and technicians whose categories are determined by decision of the Minister of National Defence.
  8. 8)A military office may not be combined with any ministerial post; if an officer is assigned to a ministerial post, he may retain the right to return to his position after the end of his ministerial term.
  9. 9)Assignments to and from the Secretariat-General of the Supreme Defence Council, the Inspectorate-General, the Directorate-General of Administrative Control and the Military Office at the Minister of National Defence shall be decided by the Minister upon the proposal of the Commander of the Army. Assignments to other military posts shall be made by decision of the Commander of the Army concerned with the approval of Army General Staff, except those provided for in Article 27 - paragraph d - of this Legislative Decree.
  10. 10)Assignments to and from the Secretariat-General of the Supreme Defence Council shall be subject to the approval of the Vice-Chairman of the Supreme Defence Council.

1. The numbering in paragraph (9) of Article 6 was corrected to read 6, 7, 8 and 9 of Article 51 instead of 8, 9, 10 and 11 of Article 51, pursuant to the sole article of Law No. 184 dated 10/05/2011, for documentation purposes.

ARTICLE 100

Determination of Administrative and Financial Procedures of the Ministry of National Defence

The manner and procedures for completing the administrative and financial transactions pertaining to the Ministry of National Defence shall be determined by decree taken in the Council of Ministers, observing the principles and procedures provided for in applicable State laws and regulations.

ARTICLE 114

Conscript's Allowances

A conscript shall receive during his service period a fixed symbolic monthly allowance determined by decree taken in the Council of Ministers; the conditions of accommodation, housing and clothing shall be determined in the same manner. The Commander of the Army may grant additional allowances as work incentives during conscripts' civil or security services within the limits of available appropriations, not exceeding 50% of the fixed symbolic monthly allowance mentioned above.

ARTICLE 115

Rights and Services of the Conscript

A conscript shall personally benefit during his service period from all the rights and services available to volunteers, with the exception of salary.

ARTICLE 116

Competitions and Examinations

A conscript may sit for competitions or examinations conducted by public administrations and institutions, independent agencies, municipalities or private institutions during his service period.

ARTICLE 117

Status of the Employee or Worker Performing Military Service

  1. 1)The salary or wages of a civil servant or employee called up for military service shall be suspended immediately upon his separation from his post or work.
  2. 2)A civil servant or employee shall be reinstated immediately upon his discharge to the post or work he held before performing military service, and the period he spent in military service shall be counted towards seniority in rank and salary; if the employer delays his reinstatement or resumption of work, he shall be entitled to salary or wages from the date of his discharge, provided his situation is finally settled in accordance with the provisions of Article 126 of this Legislative Decree.
  3. 3)A conscript may, at his request upon completing military service, be reinstated in active service as a volunteer at the same rank under conditions determined by Army Command; in such case the period of his military service shall be counted.
ARTICLE 118

Conscript Not Wishing to Return to His Previous Post

A conscript who does not wish to return to his previous post or work must inform his military superiors of this at least forty-five days before the date of his discharge, so that the employer may be notified at least thirty days before the date of discharge.

ARTICLE 119

Conscript's Resignation from His Previous Post

A discharged conscript who does not return to his previous place of work within fifteen days of the date of his discharge shall be deemed to have resigned unless there are force majeure circumstances, to be assessed by: - The Civil Service Board if he was a civil servant, employee, worker or contractor in other public sector administrations and institutions. - Military courts if he was employed in the private sector.

The entitlements of the discharged person deemed to have resigned from his previous post or work shall be settled in accordance with applicable laws and regulations.

ARTICLE 120

Conscript Exposed to an Injury or Accident

If a conscript sustains an injury or accident during his service, the provisions of this Legislative Decree applicable to volunteers of equivalent rank shall apply to him, on the basis of that volunteer's salary.

ARTICLE 121

Employer's Refusal to Reinstate the Conscript to His Previous Post

In the event that an employer refuses to reinstate a conscript in his previous employment, the latter shall be entitled, in addition to his rights under applicable laws — excluding the compensation specified in sub-paragraph (a) of Article 50 as amended of the Labour Law — to a special compensation of not less than one full year's salary or wages on the basis of the salary or wages he was receiving at the date of his call-up for military service, as damages, if he is still physically fit for work. If the conscript was working in the public sector before his call-up, he shall be reinstated by operation of law in his work after the end of his service period in accordance with the provisions of paragraph 2 of Article 117 of this Legislative Decree, and the period of his military service shall count as actual service in the post he held at the time of his call-up.

ARTICLE 147

Entitlement to Rights Applicable to Volunteers

Reservists called up for service for a period exceeding one month, as well as their dependant family members, shall benefit during that period from the rights applicable to volunteers as specified in Article 68 of this Legislative Decree.

ARTICLE 148

Conscript Reserve Serviceman's Voluntary Enlistment in Active Service

- Reserve conscripts shall be entitled, during their reserve period, to request enlistment in active service at the rank they hold, provided they sit a competency examination the procedures and conditions of which shall be determined by decision of the Commander of the Army. They shall be enlisted at that rank in accordance with the procedures applicable to volunteers pursuant to this Legislative Decree. As for the reservists referred to in paragraph 3 of Article 130 of this Legislative Decree who are called up for service for a period exceeding one year and are subsequently discharged, they shall be entitled to receive severance pay equivalent to two months' salary for each year of service, calculated on the basis of the last basic salary they received.

Section 7

General and Final Provisions

ARTICLE 149

Application of the Civil Service Law to Military Personnel

The Civil Service Law shall apply to military personnel in all matters not addressed in this Legislative Decree.

ARTICLE 150

Assistance Granted by the Minister of National Defence

The Minister of National Defence, upon the proposal of the Commander of the Army, may:

  1. 1)Grant military personnel or the families of service members among them, and civilian employees in the Army and their families, social, medical and educational assistance, death assistance and financial solidarity.
  2. 2)Grant retired volunteers, their widows and next of kin social assistance, the amount of which shall be determined in light of available appropriations and the situation of the applicant.
  3. 3)Grant educational institutions and orphanages financial assistance in lieu of accommodating and educating the children of volunteers and retired volunteers or employees.
ARTICLE 151

Audit Court Oversight

  1. 1)Notwithstanding applicable laws, the following expenditures shall not be subject to prior audit by the Court of Accounts:
  2. 2)Acceptance of volunteers of all categories.
  3. 3)Reinstatement of discharged volunteers to service.
  4. 4)Promotion of military personnel.

1. Meaning the Civil Service Law issued pursuant to Legislative Decree No. 112 dated 12/6/1959.

2. For prior Court of Accounts audit, see Article 32 et seq. of Legislative Decree No. 82 dated 16/9/1983 (Organisation of the Court of Accounts).

ARTICLE 152

Priority for Discharged Volunteers in Filling Public Sector Posts

  1. 1)Discharged volunteers shall be given a priority of up to 25% for filling posts in State, municipal, public institution and State-subsidised institution establishments as follows:
  2. 2)In the Ministry of Post and Wire and Wireless Communications: distributor, telephone and telegraph line inspector.
  3. 3)In the Ministry of Public Works and Transport: works inspector, foreman, firefighter.
  4. 4)In the Ministry of Public Health: health inspector.
  5. 5)In the Ministry of Finance: revenue collector, customs expert.
  6. 6)In the Ministry of Justice: bailiff.
  7. 7)In all administrations: usher, attendant, guard.
  8. 8)In municipalities: municipal police officer, firefighter, foreman, works inspector.
  9. 9)In posts to be determined by decree taken in the Council of Ministers after consulting the Civil Service Board.
  10. 10)Notwithstanding any other provision, first and second category posts may not be reserved for veterans; assignment in these two categories shall remain subject to the provisions of the Civil Service Regulations.
  11. 11)Personnel appointed before the date of entry into force of this law shall continue to occupy the post to which they were appointed until the end of their service.
  12. 12)A volunteer discharged who nominates himself for one of the above posts must meet, in addition to the conditions required of the post applicant, the following conditions:
  13. 13)He must have completed at least ten years in active service; this period shall not apply to those discharged as a result of a service-related accident or illness.
  14. 14)He must be at least five years below the statutory age limit for ending service in the requested post.
  15. 15)He must obtain the approval of Army Command if five years have not yet elapsed since his discharge.
Amended 2017
ARTICLE 153

Combining Job Salary with the Volunteer's Retirement Pension

When discharged volunteers are appointed to the posts mentioned in Article 152 above, they may combine the salary of the post to which they are appointed with their pension. - If a discharged volunteer is appointed to a post subject to pension, he may request that his previous service be included in accordance with the conditions provided for in the Civil Service Law. - If the civil pension exceeds the previous military pension, the person concerned shall retain the latter pension, and pension deductions withheld from him for his civilian post shall be refunded to him.

ARTICLE 154

Amendment or Repeal of Legislative Decrees

  1. 1)The Civil Defence referred to in Legislative Decree No. 50 dated 5 August 1967 shall be attached to the Ministry of Interior.
  2. 2)The provisions of the aforementioned legislative decree and the provisions of Law No. 57/71 dated 9 September 1971 shall be amended by replacing the phrase «Ministry of National Defence» and the phrase «Ministry of National Defence - Army Command» with the phrase «Ministry of Interior», and replacing the phrase «Minister of National Defence» and the phrase «Supreme Military Authority» with the phrase «Minister of Interior» wherever they appear in the two aforementioned texts.
  3. 3)The text of Article 16 of Legislative Decree No. 50 dated 5 August 1967 shall be repealed and replaced by the following text:
  4. 4)«All civil defence agencies shall be subject to the authority of the Minister of Interior».
  5. 5)The phrase «upon the proposal of the Supreme Military Authority» in Article 19, paragraph 4 of Legislative Decree No. 50 dated 5 August 1967 shall be deleted, as shall the phrase «upon the recommendation of the Supreme Army Command» in the last paragraph of Article 27 of the aforementioned legislative decree.
  6. 6)The text of Article 31 of Legislative Decree No. 50 dated 5 August 1967 shall be repealed and replaced by the following text:
  7. 7)«Revenue and expenditure operations shall be conducted in accordance with the procedures specified in the Public Accounting Law».
  8. 8)The provisions of Decree No. 7563 dated 8 September 1961 shall be amended by subsequent decrees in accordance with what is provided for in the body of this article.

1. For the subsequent Court of Accounts audit, see Article 55 et seq. of Legislative Decree No. 82 dated 16/9/1983 (Organisation of the Court of Accounts).

ARTICLE 155

"Forbidden Zone"

  1. 1)A «prohibited zone» means land within the perimeter drawn around military installations to preserve their security.
  2. 2)While preserving the personal rights of individuals, the in-kind restrictions applicable to each type of military installation shall be determined by decree taken in the Council of Ministers upon the proposal of the Minister of National Defence based on the recommendation of the Commander of the Army.
ARTICLE 156

Mutual Benefit and Economy Institutions in the Army

The mutual aid and economic institutions of the Army shall be considered entities of private law, attached to the Director-General of Administration; their regulations shall be issued by decrees upon the proposal of the Minister of National Defence; their revenues, transactions and operations of all kinds shall be exempt from tax and fees of all types.

ARTICLE 157

Commencement of Issuance of Implementing Decrees and Instructions

The text of Article 157 was replaced pursuant to Article 19 of Legislative Decree No. 1 dated 26/9/1984 with the following text: The relevant authorities shall issue the decrees, decisions and implementing instructions for the provisions of this Legislative Decree within a period ending on 31/12/1984.

ARTICLE 158

Repealed Laws and Decrees

Laws No. 79 dated 24/3/1979 (National Defence Law), No. 38/75 dated 6/12/1975 (Military Service Law), No. 3/81 dated 20/2/1981 and their implementing regulations and instructions, which conflict with or are inconsistent with the provisions of this Legislative Decree, are hereby repealed. All other legislative and regulatory texts that conflict with or are inconsistent with the provisions of this Legislative Decree are likewise repealed.

ARTICLE 159

Entry into Force of This Legislative Decree

This Legislative Decree shall enter into force as of the day following its publication in the Official Gazette, with the exception of Articles 79 to 99 inclusive, which shall enter into force as of 30/6/1983. Done on 16 September 1983. Signed: Amine Gemayel

This Legislative Decree was published in Official Gazette No. 44 dated 3/11/1983.