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NATIONAL
ASSEMBLY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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Law
No. 48/2019/QH14
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Hanoi,
November 22, 2019
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LAW
MILITIA AND SELF-DEFENSE FORCES
Pursuant to Constitutions of
Socialist Republic of Vietnam;
National Assembly promulgates
Law on Militia and Self-defense Forces.
Chapter I
GENERAL PROVISIONS
Article 1.
Scope
This Law prescribes obligations to
join militia and self-defense forces; positions, functions, tasks, principles,
organization, operations, benefits, policies and responsibilities of agencies,
organizations and individuals to militia and self-defense forces.
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In this Law, terms below are
construed as follows:
1. “Militia
and self-defense forces” refer to mass armed forces not separated from
production and work, called “militia” if organized locally and “self-defense
forces” if organized in regulatory authorities, political organizations,
socio-political organizations, public service providers and economic organizations
(hereinafter referred to as “agencies and organizations”).
2. “On-site
militia and self-defense forces” refer to militia and self-defense forces
operating in wards, communes, villages, hamlets and neighborhoods (hereinafter
referred to as “villages”) and in agencies and organizations.
3. “Mobile
militia and self-defense force” refer to mobile militia and self-defense
forces operating in many divisions according to decisions of competent
authorities.
4. “Standing
militia” refers to standing forces operating in vital areas in terms of
national defense.
5. “Marine
militia and self-defense forces” refer to militia and self-defense forces
operating in islands and territorial waters of Vietnam.
6. “Expansion
of militia and self-defense forces” refers to conscription of citizens
within the group age who have not participated in military duty, militia and
self-defense force duties and citizens who have participated in militia and
self-defense force duties and reservists who have not been conscripted into reserve
forces for militia and self-defense forces.
7. “Military
commands of agencies and organizations” refer to entities established in
agencies and organizations to exercise national defense roles.
Military commands of agencies and
organizations do not include military commands of central ministries
established under Law on National Defense.
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Article 3.
Positions and functions of militia and self-defense forces
Militia and self-defense forces are
constituents of people’s armed forces; forces to protect the Communist Party,
government, lives and assets of the people, local and central agencies and
organizations; core forces combating enemies with the people in local and
central divisions during wartime.
Article 4.
Organization and operation principles of militia and self-defense forces
1. Be placed
under direction of the Communist Party of Vietnam, control of the President,
joint management of Government, command of local governments and local level
agencies affiliated to the Communist Party, heads of agencies and
organizations; highest command of the Minister of National Defense; lead of the
Chief of the General Staff of People’s Army of Vietnam, commanders of military
units.
2. Comply with
the Constitutions, regulations and law and international agreements to which
Vietnam is a signatory; rely on the people, utilize total strength of the whole
country and political system to perform tasks.
3. Develop
militia and self-defense forces strengthened and widespread; organization and
payroll of militia and self-defense forces must satisfy national defense and
security tasks, linked with administrative divisions and tasks of local
governments, agencies and organizations; enable lead, direction, command,
management and conformity with socio-economic conditions of each local
division, agency and organization.
Article 5. Tasks
of militia and self-defense forces
1. Be ready to
fight, fighting and assistance with fighting to protect local and central
divisions, agencies and organizations.
2. Cooperate
with People’s Army, People’s Public Security and other forces within the division
to protect sovereignty, security of national border, islands, territorial
waters and airspace of Vietnam; participate in developing people-based national
defense, national security defense and protection zones, ensure social security
and safety, and participate in prevention and fight against crimes and
violations as per the law.
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4. Participate
in adopting measures regarding information warfare and cyberspace warfare
according to regulations and law, and decisions of competent authorities.
5. Prevent,
counter and remediate consequences of disasters, accidents, natural disasters,
diseases, fire and explosion; search and rescue; protect forests and environment
and conduct other civil protection tasks as per the law.
6. Publicize
and mobilize the people to follow guidance and viewpoints of the Communist
Party, policies and regulations and law of government on national defense and
security; participate in developing local and central government strengthened,
completed and adopt social policies.
7. Conduct
other tasks as per the law.
Article 6.
Composition of militia and self-defense forces
1. On-site
militia and self-defense forces.
2. Mobile
militia and self-defense forces.
3. Standing
militia.
4. Marine
militia and self-defense forces.
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Article 7.
Militia and self-defense force traditional day
March 28 of each year shall be the
traditional day for militia and self-defense forces.
Article 8. Age
and duration of participation in militia and self-defense forces during
peacetime
1. Male
citizens from 18 years of age until 45 years of age inclusively, female
citizens from 18 years of age until 40 years of age inclusively are responsible
for joining militia and self-defense forces; in case of voluntary
participation, militia and self-defense force duties may last up to the age of
50 inclusively for male and 45 inclusively for female.
2. Duration of
participation in on-site, mobile, marine, anti-aircraft, artillery, scouting,
information, engineering, chemical defense and medical militia and self-defense
forces is 4 years; duration of participation in standing militia is 2 years.
Based on requirement and tasks of
national defense and military of local governments, agencies and organizations,
duration of participation in militia and self-defense forces may be extended
for no more than 2 years; for marine militia, self-defense forces and
commanders of militia and self-defense forces may be extended without exceeding
the age specified in Clause 1 of this Article.
3. Chairpersons
of People’s Committees of communes and districts that do not have communes,
heads of agencies and organizations shall decide to prolong the age group and
duration of participation of militia and self-defense forces as specified in
this Article.
Article 9.
Registration of citizens for participation in militia and self-defense forces
and management of militia and self-defense forces
1. Registration
of citizens for participation in militia and self-defense forces is prescribed
as follows:
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b) Chairpersons of People’s
Committees of communes and districts that do not have communes are responsible
for registering citizens within the age group eligible for participation in
militia and self-defense forces that change residence or register temporary or
permanent residence for participation in militia and self-defense forces.
In case of changes to workplace,
heads of agencies and organizations are responsible for registering citizens
for participation in militia and self-defense forces;
c) Persons with physical
disability, persons with life-threatening diseases and mental illnesses are
exempted from registration and participation in militia and self-defense forces
as per the law.
2. Management
of militia and self-defense forces is prescribed as follows:
a) Personnel of militia and
self-defense forces that are absent during task period must report to direct
commanders for consideration and decision;
b) Personnel of militia and
self-defense forces that are temporarily absent for 3 months or more must
report to military commands of communes or districts that do not have communes
of are of residence, military commands of agencies and organizations or
commanders of self-defense forces if military commands of agencies and
organizations are not available;
c) Government shall regulate
management hierarchies of militia and self-defense forces.
Article 10.
Standards, selection and authorization for decision of citizens for
participation in militia and self-defense forces
1. Eligibility
to be selected in militia and self-defense forces in addition to being
Vietnamese citizens and within the age groups:
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b) Stringent compliance with policies
and viewpoint of the Communist Party, policies, regulations and law of
government;
c) Adequate health to perform tasks
of militia and self-defense forces.
2. Selection
for militia and self-defense forces is prescribed as follows:
a) Ensure public, democracy and
compliance with regulations and law;
b) On a yearly basis, military
commands of districts shall direct and instruct People’s Committees of
communes, agencies and organizations to select citizens for participation in
militia and self-defense forces; military commands of districts shall directly
make the selection if the districts do not have communes.
3. Reservists
who have not been conscripted for reserve forces shall be selected for militia
and self-defense forces.
4. Chairpersons
of People’s Committees of communes and districts that do not have communes,
heads of agencies and organizations shall decide which citizens to participate
in militia and self-defense forces.
5. Minister of
National Defense shall elaborate Clause 1 of this Article.
Article 11.
Delay and exemption from participation in militia and self-defense forces
during peacetime
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a) She is pregnant or raising a
child under 36 months old; he is raising a child under 36 months old; or
b) He/she has inadequate health to
perform tasks of militia and self-defense forces; or
c) He/she has a spouse who is an
officer, professional servicemen, official, national defense employee,
non-commissioned officer or soldier serving in People’s Army; or
d) He/she has a spouse who is an
officer, non-commissioned officer, soldier or policeman serving for People’s
Public Security; or
dd) He/she has a spouse who is
official or youth volunteer assigned to extremely disadvantaged socio-economic
area according the law provisions; or
e) He/she is the only breadwinner
in a poor or near poor household; person directly taking care of relatives
incapable of working or not in the age for working; person within a household
heavily damaged in terms of humans and assets due to accidents, disasters or
diseases confirmed by Chairperson of commune or district that do not have
communes, or head of agency or organization where he/she lives; or
g) He/she is a spouse, child of
sick soldiers, people infected with dioxin and suffering labor capacity
reduction from 61% to 80%; or
h) He/she is studying in education
institutions of regulatory authorities, political organizations,
socio-political organizations and education institutions of formal education
systems; he/she is working or studying abroad.
2. A citizen
shall be exempted from participation in militia and self-defense forces in
case:
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b) He/she is a spouse, child of
sick soldiers, people infected with dioxin and suffering labor capacity
reduction of 81% or more; or
c) He/she is a reservist and has
been arranged in reserve forces; or
d) He/she is directly taking care
of Vietnamese heroic Mothers; directly taking care of persons suffering labor
capacity reduction of 81% or more; or
dd) He/she is working in cipher
field.
3. Citizens
delayed or exempted from participation in militia and self-defense forces
specified in Points c, d, dd, e and g Clause 1 and Points a, b and d Clause 2
of this Article shall be considered for selection in case of voluntary.
4. Chairpersons
of People’s Committees of communes and districts that do not have communes,
heads of agencies and organizations shall decide which citizens to be delayed
and exempted from participation in militia and self-defense forces.
Article 12.
Dismissal from militia and self-defense forces before time limit and removal
from list of militia and self-defense forces
1. A citizen
shall be dismissed from militia and self-defense forces in case:
a) Female personnel of militia or
self-defense force is pregnant or raising a child under 36 months old; male
personnel of militia or self-defense force raising a child under 36 months old;
or
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c) His/her unexpected family
hardships render inability to participate in militia and self-defense forces
which is confirmed by Chairpersons of People’s Committees of communes and
districts that do not have communes, heads of agencies and organizations; or
d) He/she is conscripted for army
or People’s Public Security; employed as a national defense official or
policeman; or
dd) He/she receives letter of
admission in higher education institution, vocational education institution,
school of regulatory authority, political organization or socio-political
organization; receives notice and travels abroad for work or study.
2. A citizen
shall be removed from list of militia and self-defense forces in case:
a) He/she is deceased or declared by
the court to be missing or deceased; or
b) He/she is a suspect in a charge;
or
c) He/she is revoked from the title
of militia and self-defense forces; or
d) He/she is met with enforced
entry to education institutions; or
dd) He/she is addicted to drugs
according to confirmation of competent authority or met with enforced entry to
rehabilitation centers;
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3. Chairpersons
of People’s Committees of communes and districts that do not have communes,
heads of agencies and organizations shall decide which citizens to be dismissed
and removed from militia and self-defense forces.
Article 13.
Completion of militia and self-defense force duties
1. Personnel
of militia and self-defense forces completing time limit specified in Clause 2
Article 8 of this Law shall be recognized as having completed participation in
militia and self-defense forces.
2. Citizens
already completed participation in militia and self-defense forces while still
remain within the age group specified in Clause 1 Article 8 of this Law shall
be subject to registration and management of Chairpersons of People’s
Committees of communes and of districts that do not have communes, heads of
agencies and organizations so as to be ready for expansion of militia and
self-defense forces.
3. Standing
militia shall be recognized for completion of active military duty during
peacetime according to Law on Military Service.
4. Chairpersons
of People’s Committees of communes and districts that do not have communes,
heads of agencies and organizations shall recognize completion of citizens in
terms of militia and self-defense forces.
Article 14.
Prohibited acts regarding militia and self-defense forces
1. Establish,
participate, sponsor, train, deploy or use militia and self-defense forces
against regulations and law.
2. Evade,
oppose or obstruct organization, training, operation and responsibility to
participate in militia and self-defense forces.
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4. Exploit and
abuse titles, powers and tasks of personnel of militia and self-defense forces
to violate interests of nation, legal rights and benefits of agencies,
organizations and individuals.
5. Manufacture,
transport, trade, collect, store, use and appropriate illegally weapons,
military explosives, combat gears, equipment, technical devices, uniforms, star
hat pins, badges or assets of militia and self-defense forces.
6. Display
discrimination by gender during operation of militia and self-defense forces.
Chapter II
ORGANIZATION, PAYROLL, WEAPONS AND EQUIPMENT OF
MILITIA AND SELF-DEFENSE FORCES
Article 15.
Organization of militia and self-defense forces
1. Hamlets
shall organize fireteams, squads or platoons of on-site militia.
2. Communes
shall organize platoons of mobile militia. Coastal and island communes shall
organize platoons of mobile militia and squads or platoons of marine militia.
Based on national defense and
military requirements, communes shall organize mortar teams, fireteams or
squads of scouting, information, engineering, chemical defense and medical
militia; communes vital to national defense shall organize squads or platoons
of standing militia.
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4. On the
basis of organization of militia and self-defense forces divisions specified in
Clauses 1, 2 and 3 of this Article, based on national defense and military
requirements, districts shall organize platoons or companies of mobile militia
and self-defense forces, platoons of anti-aircraft and artillery militia and
self-defense forces, squads or platoons of standing militia; provinces shall
organize companies of anti-aircraft and artillery militia and self-defense
forces; coastal provinces shall organize flotillas of standing militia.
5. Minister of
National Defense shall prescribe scale, organization and payroll of militia and
self-defense forces; decide vital communes in terms of national defense.
Article 16.
Expansion of militia and self-defense forces
1. Militia and
self-defense forces shall be expanded when:
a) Decisions on local mobilization
and general mobilization are implemented;
b) Emergencies namely disasters,
diseases or serious threats to national security, social order and safety are
declared.
2. Minister of
National Defense shall prescribe plan and authorization for expansion of militia
and self-defense forces.
Article 17.
Conditions for organization of self-defense forces in enterprises
An enterprise shall be considered
for organization of self-defense forces if it:
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2. satisfies
national defense and security requirements, schemes and plans for organization
of local militia and self-defense forces where the enterprise operates and fits
production and trade activities of the enterprise; and
3. has
operated for 24 months or more; and
4. has enough
workers eligible for participation in militia and self-defense forces to
organize at least 1 squad of self-defense force.
Article 18.
Hierarchy of command of militia and self-defense forces
1. Minister of
National Defense.
2. Chief of
the General Staff of People’s Army of Vietnam.
3. High
commands of military regions, high commands of military branches, high commands
of Border Guard, high commands of coast guards, Capital High Command, high
commands of specialties, high commands of corps.
4. High
Command of Ho Chi Minh City, commanding officers of military commands of
provinces.
5. Commanding
officers of provincial military commands.
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7. Commanding
officers of military commands of agencies and organizations.
8. Commanding
officers of military commands of communes.
9. Commanders
in chief of battalions, naval squadrons, companies, flotillas, platoons,
squads, captains of ships, commanders in chief of fireteams of militia and
self-defense forces.
10. Hamlet
leaders.
Article 19.
Commanding titles of militia and self-defense forces
1. Commanding
titles of military commands of communes and military commands of agencies and
organizations include:
a) Commanding officers, political
commissars;
a) Deputy commanding officers,
deputy political commissars.
2. Commanding
titles of militia and self-defense forces include:
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b) Commanders in chief of
companies, political commissars of companies, commanders in chief of companies,
deputy political commissars; Commanders in chief of flotillas, political
commissars of flotillas, commanders in chief of flotillas, deputy political
commissars;
c) Commanders in chief of platoons;
d) Commanders in chief of squads,
fireteams and captains of ships;
dd) Hamlet leaders and commanding
officers of on-site militia.
Article 20.
Military commands of communes and hamlet leaders
1. Military
commands of communes are standing agencies performing national defense tasks of
communes. Compositions of military commands of communes include:
a) Commanding officers that are
members of People’s Committees of provinces and reservists; during national
defense emergencies and at war, shall be conscripted for active duty as
specified in Law on People’s Army of Vietnam and shall continue to hold title
of commanding officers of military commands of communes;
b) Political commissars shall be
assigned to secretaries of Party Executive Committees of communes;
c) Deputy political commissars
shall be assigned to secretaries of Ho Chi Minh Communist Youth Union;
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2. Military
commands of communes shall have separate head offices or workplaces and use
separate seals as per the law.
3. Military
commands of communes shall have following functions and tasks:
a) Act as advisors for Party
Executive Committees and commune-level governments to facilitate lead,
direction, management and guidance on implementation of national defense and
military tasks as per the law;
b) Take charge and cooperate with
ministries and departments in developing and organizing implementation of
national defense plans and other plants related to national defense and
military tasks of communes;
c) Cooperate with Vietnamese
Fatherland Front Committees, ministries and departments of communes in
publicizing policies and viewpoints of Communist Party, policies and
regulations and law of government, educating on national defense and security;
participating in developing total strengthened facilities; adopting rear
service, incentives for people with meritorious services to the revolution
policies;
d) Organize military training,
political and law education, sports competitions and drills for militia; direct
militia to conduct tasks as specified in this Law, other relevant law
provisions and decisions of competent authorities;
dd) Register, manage, preserve and
use military weapons, military explosives, combat gears, equipment, devices and
technical instruments of militia under management in accordance with
regulations and law and decisions of competent authorities;
e) Act as advisors to enable
People’s Committees of communes to examine and take actions against violations,
handle complaints and accusations, conduct preliminary reports and final
reports, adopt competitions and commendations regarding local national defense
as per the law.
4. Hamlet
leaders shall act as advisors to enable Party Executive Committees and hamlet
heads to direct, lead and organize implementation of national defense and
military tasks in hamlets; manage and lead directly militia under management;
cooperate in adopting policies on rear services and incentives for people with
meritorious services to the revolution.
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Article 21.
Military commands of agencies and organizations
1. Military
commands of agencies and organizations shall be considered if the agencies and
organizations:
a) establish the Communist Party of
Vietnam; and
b) establish self-defense forces of
agencies and organizations.
2. Military
commands of agencies and organizations shall follow dual office holding regime
and include commanding officers that are heads or deputies of the agencies and
organizations, political commissars that are secretaries or deputy secretaries
of Party Executive Committees of the same levels, deputy commanders and deputy
political commissars.
3. Military
commands of agencies and organizations may use separate seals as per the law.
4. Military
commands of agencies and organizations shall have following functions and
tasks:
a) Act as advisors for Party
Executive Committees and heads of agencies and organizations to lead and direct
national defense operations;
b) Develop and organize
implementation of national defense plans, self-defense plans and other plans
relating to national defense and military tasks of the agencies and
organizations; cooperate in adopting policies of rear services and incentives
for people with meritorious services to the revolution;
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d) Register, manage, preserve and
use military weapons, military explosives, combat gears, equipment, devices and
technical instruments of self-defense forces under management in accordance
with regulations and law;
dd) Act as advisors to enable Party
Executive Committees and heads of agencies and organizations to examine, take
actions against violations, handle complaints and accusations, conduct
preliminary reports and final reports, adopt competitions and commendations
regarding national defense operations.
5. Government
shall regulate number of deputy commanding officers; standards and equipment of
military commands of agencies and organizations.
Article 22.
Authorization for establishment and dissolution of militia, self-defense
forces, military commands of communes and military commands of agencies and
organizations
1. Authorization
for establishment of militia, self-defense forces, military commands of
communes and military commands of agencies and organizations, except for
self-defense forces in military enterprises are prescribed as follows:
a) Chief of the General Staff of
People’s Army of Vietnam shall decide establishment of companies of
anti-aircraft militia and self-defense forces and companies of artillery
militia and self-defense forces;
b) High commands of military
regions, high command of navy and Capital High Command shall decide
establishment of squads of self-defense forces; flotillas of militia and
self-defense forces, flotillas of standing militia; naval squadrons of militia
and self-defense forces;
c) Capital High Command and High
Command of Ho Chi Minh City and commanding officers of military commands of
provinces shall decide establishment of companies of self-defense forces,
companies of mobile militia; platoons of anti-aircraft and artillery militia
and self-defense forces; platoons of marine militia and self-defense forces;
squads and platoons of standing militia;
d) Commanding officers of military
commands of districts shall decide establishment of platoon of mobile militia
and self-defense forces; squads and platoons of on-site militia and
self-defense forces; fireteams of artillery militia and self-defense forces; teams
and squads of scouting, information, engineering, chemical defense and medical
militia; squads of marine militia and self-defense forces;
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e) Capital High Command, High
Command of Ho Chi Minh City and commanding officers of military commands of
provinces shall decide establishment of military commands of communes and
military commands of agencies and organizations.
2. An entity
capable of making decisions on establishment of militia, self-defense forces,
military commands of communes and military commands of agencies and
organizations are also capable of making decisions on dissolution thereof.
3. Minister of
National Defense shall prescribe authorization for establishment of
self-defense forces in military enterprises; procedures for establishment and
dissolution of militia, self-defense forces, military commands of communes and
military commands of agencies and organizations.
Article 23.
Designation and discharge of commanding titles of militia and self-defense
forces
1. Authorization
for designation of commanding titles of militia and self-defense forces, except
for commanding titles of self-defense forces in military enterprises is
prescribed as follows:
a) High commands of military
regions, high commands of navy and Capital High Command shall decide
designation of commanders in chief of battalions and naval squadrons of militia
and self-defense forces;
b) Capital High Command, High
Command of Ho Chi Minh City, commanding officers of military commands of
provinces shall decide designation of commanders in chief of companies and
flotillas of militia and self-defense forces; High commands of navy shall
decide designation of commanding titles of flotillas under their management;
c) Commanding officers of military
commands of districts shall decide designation of hamlet leaders, commanders in
chief of platoons, squads, captains of ships and commanders in chief of
fireteams of militia and self-defense forces;
d) Capital High Command, High
Command of Ho Chi Minh City and commanding officers of military commands of
provinces shall decide designation of commanding titles of military commands of
agencies and organizations;
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2. Discharge
of commanding titles of militia and self-defense forces is prescribed as
follows:
a) Discharge commanding titles of
militia and self-defense forces shall be performed upon changes to positions or
organizations and no longer within payroll of current titles or eligible and
satisfactory for holding of current titles;
b) A competent authority capable of
deciding designation of titles shall also be capable of deciding discharge of
said titles.
3. Minister of
National Defense shall regulate procedures for designation and discharge of
titles specified in this Article and authorization for designation of
commanding titles of self-defense forces in military enterprise; regulate
officers of People’s Army of Vietnam holding commanding titles of militia and
self-defense forces where necessary.
Article 24.
Uniforms, star hat pins and badges of militia and self-defense forces
Commanding titles of military
commands of communes, military commands of agencies and organizations and
militia and self-defense forces shall be provided and permitted to use
uniforms, star hat pins and badges as per the law.
Article 25.
Provision of military weapons, military explosives, combat gears, equipment,
devices, technical instruments for militia and self-defense forces
1. Militia and
self-defense forces shall be furnished with military weapons, explosives,
combat gears, devices, equipment and technical instruments according to
regulations and law on management and use of military weapons, military
explosives and combat gears and relevant law provisions.
2. Minister of
National Defense shall regulate provision, registration, management and use of
military weapons, military explosives, combat gears, equipment, devices and
technical instruments of militia and self-defense forces.
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TRAINING COMMANDING OFFICERS OF MILITARY COMMANDS OF
COMMUNES; COACHING AND IMPROVING COMMANDING TITLES; TRAINING MILITIA AND
SELF-DEFENSE FORCES
Article 26.
Training commanding officers of military commands of communes
Commanding officers and deputy
commanders of military commands of communes must be trained for commanding
officers of military commands of communes regarding basic military major in
post-secondary, college or university levels in military education
institutions.
Article 27.
Coaching and improving commanding titles of militia and self-defense forces
1. During
peacetime and emergencies regarding national defense and war, commanding titles
of militia and self-defense forces shall be coached and improved according to
programs devised for each title in a manner that satisfies requirements of
national defense and security tasks and conditions of local areas, agencies and
organizations.
2. Minister of
National Defense shall regulate programs, contents, period, list of coaching
materials, classification and facilities for coaching and improving commanding
titles of militia and self-defense forces.
Article 28.
Military training, political and law strengthening, sports games and drills for
militia and self-defense forces
1. During
peacetime, annual periods for military training, political and law education
shall be prescribed as follows:
a) With respect to militia and
self-defense forces in their first year except standing militia, the
aforementioned period shall be 15 days;
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c) With respect to standing
militia, the aforementioned period shall be 60 days.
2. During
emergencies regarding national defense and at war, militia and self-defense
forces shall receive military training and political and law education in a
manner that satisfies requirements of national defense and security tasks and
conditions of local areas, agencies and organizations.
3. Minister of
National Defense shall regulate programs, contents, list of materials for
military training, political and law education, sports competitions and drills
for militia and self-defense forces.
Chapter IV
OPERATIONS OF MILITIA AND SELF-DEFENSE FORCES
Article 29.
Standby and readiness for deploy
1. Maintain
and implement standby and readiness for deploy of militia and self-defense
forces.
2. Develop,
revise and add plans for militia and self-defense forces.
3. Act as core
forces to develop fighting communes, wards and towns; participate in developing
totally strengthened facilities, defense zones, the people-based national
defense and all-people national defense together with developing local people’s
security and people’s security schemes.
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5. Minister of
National Defense shall elaborate Clauses 1 and 2 of this Article.
Article 30.
Fighting and assistance with fighting
1. Expand
militia and self-defense forces according to decisions of competent
authorities.
2. Protect
prevention and evacuation of assigned agencies, organizations, people and
targets.
3. Fight
enemies to protect hamlets, communes, wards, towns, agencies and organizations
within defense areas.
4. Assist with
fighting within defense areas.
5. Participate
in political enhancement; develop and strengthen fighting hamlets, communes,
wards, towns, agencies and organizations.
Article 31.
Cooperation of militia and self-defense forces
1. Militia and
self-defense forces shall cooperate with regulatory authorities to:
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b) protect national security,
ensure social security and order and take part in prevention and fight against
crimes and violations;
c) publicize and encourage people
to develop totally strengthened facilities; adopt society policies;
d) Prevent, counter and remediate
consequences of disasters, accidents, natural disasters, diseases, fire and
explosion; search and rescue; protect forests and environment and other civil
defense acts.
2. Government
shall elaborate this Article.
Article 32.
Authorization of mobilization of militia and self-defense forces
1. Except for
declaration of war, emergencies regarding national defense, martial law and
curfews, militia and self-defense forces shall be mobilized where necessary
according to following authorization:
a) Minister of National Defense and
Chief of the General Staff of People’s Army of Vietnam shall mobilize militia
and self-defense forces on a nationwide scale;
b) High commands of military
regions shall mobilize militia and self-defense forces within the regions after
reaching agreements with Chairpersons of People’s Committees of provinces where
the militia and self-defense forces are mobilized;
c) High commands of navy shall
mobilize marine militia and self-defense forces after reaching agreements with
high commands of military regions, Chairpersons of People’s Committees of
provinces and heads of agencies and organizations where the militia and
self-defense forces are mobilizes;
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dd) High Command of Ho Chi Minh
City and commanding officers of military commands of provinces shall mobilize
militia and self-defense forces within their divisions after reaching
agreements with Chairpersons of People’s Committees of provinces and high
commands of military regions;
e) Commanding officers of military
commands of districts shall mobilize militia and self-defense forces within
their divisions after reaching agreements with Chairpersons of People’s
Committees of districts and commanding officers of military commands of
provinces, Capital High Command and High Command of Ho Chi Minh City;
g) Commanding officers of military
commands of communes shall mobilize militia within communes after reaching
agreements with Chairpersons of People’s Committees of communes and commanding
officers of military commands of districts;
h) Commanding officers of military
commands of agencies and organizations shall organize mobilization of
self-defense forces under their management within the agencies and
organizations after reaching agreements with heads of the agencies and
organizations and commanding officers of military commands of districts;
i) Heads of military enterprises
shall mobilize self-defense forces under management of the enterprises.
2. During
wartime, emergencies regarding national defense, marital law or curfew,
mobilization and use of militia and self-defense forces shall comply with
regulations under Law on National Defense and other relevant law provisions.
3. Chairpersons
of People’s Committees and heads of agencies and organizations where militia
and self-defense forces are mobilized must stringently comply with mobilization
decisions of competent authorities; receive and assign tasks to self-defense
forces after finishing affairs.
Chapter V
BENEFITS, POLICIES AND EXPENDITURE FOR MILITIA AND
SELF-DEFENSE FORCES
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1. Commanding
titles of militia and self-defense forces specified in Article 19 of this Law
shall benefit from title allowance.
2. Deputy
commanders of military commands of communes shall benefit from monthly
allowances, compulsory social insurance according Law on Social Insurance and
health insurance according to Law on Health Insurance; a deputy commander that
has not participated in social insurance and has been working consecutively for
60 months or more shall receive the benefit once upon retirement.
3. Deputy
commanders of military commands of communes and commanding titles of mobile militia
and standing militia shall receive national defense and military allowances.
4. Commanding
officers, political commissars, deputy commanders and deputy political
commissars of military commands of communes who have been working for 60 months
or more shall benefit from seniority pay.
5. Hamlet
leaders shall benefit from monthly allowance and allowance for dual holding
titles of commanders in chief of squads or platoons of on-site militia.
6. Government
shall elaborate this Article.
Article 34.
Benefits and policies for militia and self-defense forces on missions
1. Benefits
and policies for militia and self-defense forces on missions are prescribed as
follows:
a) On-site militia, mobile militia,
anti-aircraft, artillery, scouting, information, engineering, chemical defense
and medical militia shall receive benefit for labor days and guaranteed
allowances; receive benefits for being on missions from 10 p.m to 6 a.m the
following day, days of rest, holidays, involve in heavy, toxic, dangerous
matters or particularly heavy, toxic and dangerous matters according to
regulations and law on labor; receive benefit for additional labor days in case
of extended period of militia and self-defense forces.
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b) Marine militia shall receive
interest and policies specified in Point a of this Clause; receive allowance
for labor days and additional allowances while on missions to protect islands
and territorial waters; captains and chief engineers shall receive
responsibility allowance for actual number of days at sea;
c) Standing militia shall receive
benefits and policies specified in Point a of this Clause; receive one-time
benefit after being recognized for completion of active military duty during
peacetime; receive social insurance and health insurance similar to
non-commissioned officers and soldiers of People’s Army of Vietnam on active
duty; assigned with places for daily routines.
2. Self-defense
forces going on missions shall receive full salary, financial well-being,
allowances, fees, benefits and policies as per the law; marine self-defense
forces protecting islands and territorial waters shall receive additional
salary, bonuses according to ranks and allowances for actual number of days at
sea.
3. Authorities
shall be responsible for ensuring benefits and policies for the militia and
self-defense forces that they send on missions.
4. Government
shall regulate base amount of benefits and allowances for each compositions of
militia and self-defense forces specified in this Article.
Article 35. Benefits
and policies for diseased, met with accidents, deceased, injured or perished
militia and self-defense forces
1. Militia and
self-defense forces that are on missions or training for commanding officers of
military commands of communes in the major of basic military shall benefit from
following benefits and policies:
a) Militia and self-defense forces
that do not participate in health insurance shall be paid for medical
examination and treatment fees in case of sickness, accident or injury;
b) Militia and self-defense forces
that do not participate in social insurance shall be considered for benefit
depending on level of labor capacity reduction in case of accident which
reducing labor capacity as concluded by the Medical Examination Council or receipt
of death benefits and funeral payment in case of decease;
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2. Militia
adopting sterilization methods, female militia using vaginal rings and male
militia whose wives are expecting may temporary leave from militia and
self-defense forces; leave period shall comply with regulations and law on
social insurance.
3. Government
shall regulate conditions, amount, procedures and agencies responsible for
ensuring expenditure, benefits and policies for militia and self-defense forces
specified in Point a and Point b Clause 1 of this Article
Article 36.
Funding sources
1. State
budget shall fund militia and self-defense forces of regulatory authorities,
political organizations, socio-political organizations, public service
providers and local governments. Preparation, compliance and making of
statement of budget shall comply with regulations and law on state budget and
other relevant law provisions.
2. Expenditure
on self-defense forces of business entities and business service providers
making payments specified in Article 39 of this Law shall be deducted when
determining income subject to corporate income tax of the business entities and
business service providers according to regulations and law on corporate income
tax. Making of statement, payment and settlement of expenditure according to
financial accounting policies are applied to all entities.
3. Other
legitimate revenues.
4. Central
government budget shall assist local government with budget difficulties
regarding expenditure on implementation depending on balanced central
government budget.
Article 37.
Disbursement tasks of Ministry of National Defense
1. Benefit for
labor days, daily allowances and other expenditure for operations of militia
and self-defense forces on missions shall comply with decisions of Minister of
National Defense, Chief of the General Staff of People’s Army of Vietnam; plans
of high commands of military regions, high commands of army branches approved
by Minister of National Defense and Chief of the General Staff of People’s Army
of Vietnam.
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3. Inform and
publicize militia and self-defense forces; celebrate traditional day of militia
and self-defense forces organized by Ministry of National Defense and agencies,
entities affiliated to People’s Army of Vietnam.
4. Organize
training, coaching, military training, sports competitions, drills and
operations of militia and self-defense forces organized by Ministry of National
Defense and agencies, entities affiliated to Ministry of National Defense,
except for Capital High Command.
5. Train
commanding officers of military commands of communes in the field of basic
military.
6. Develop
models of militia and self-defense forces and combat structures for militia and
self-defense forces; develop totally strengthened facilities regarding national
defense and military implemented by Ministry of National Defense and General
Staff.
7. Develop
programs, compose, publish, print and circulate text books, documents and
schedules for registration, management, stocktaking, schedules for plans,
license, permits and documents on military science information regarding
militia and self-defense forces.
8. Manufacture
sample uniforms, star hat pin, badges, models, study and training materials,
ribbons, panels and colours serving operation of militia and self-defense
forces.
9. Manufacture
and purchase models, study and training materials, and military specialized
equipment; star hat pins of militia and self-defense forces, memorial trophies;
specialized equipment for classrooms in military education institutions serving
training of commanding officers of military commands of communes.
10. Provision of military weapons, military explosives, combat
gears, equipment, devices, technical instruments for militia and self-defense
forces as per the law.
11. Manage and
protect national defense structures and military zones assigned to militia and
self-defense forces by Ministry of National Defense.
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13. Examine,
inspect, take actions, handle complaints and accusations, conduct preliminary
reports and final reports and provide commendations regarding militia and
self-defense forces within powers.
14. Other
disbursement for militia and self-defense forces as per the law.
Article 38.
Disbursement tasks of local governments
1. Develop and
implement military schemes, projects, plans and scientific research regarding
local militia and self-defense forces.
2. Register
and conduct medical examination, select, manage, organize forces, provide
training, coaching, military training, sports competitions, drills, operations
of militia and self-defense forces under management; develop plans and
implement decisions on expansion of militia and self-defense forces.
3. Inform and
publicize militia and self-defense forces; celebrate traditional day of militia
and self-defense forces organized by local governments.
4. Ensure
benefits and policies specified in Article 33, Clause 1 Article 34 of this Law
and other relevant law provisions, except for allowances for titles in military
commands of agencies, organizations, commanding titles of self-defense forces
of agencies and organizations affiliated to central ministries and business
entities.
5. Ensure
benefits and policies for militia and self-defense forces that are diseased,
met with accidents, deceased, injured or perished as specified in Article 35 of
this Law and other relevant law provisions.
6. Purchase
uniforms and badges for commanding military commands of communes, military
commands of agencies and organizations, and militia and self-defense forces of
local agencies and organizations, except for cases specified in Clause Article
39 of this Law.
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8. Construct
new, repair combat storage and structures for militia and self-defense forces
in defense zones; places for daily routines of standing militia; head offices
or workplaces of military commands of communes.
9. Manage and
protect national defense structures and military zones assigned to militia and self-defense
forces by local governments.
10. Perform
international cooperation regarding militia and self-defense forces within
powers.
11. Examine,
inspect, take actions, handle complaints and accusations, conduct preliminary
reports and final reports and provide commendations regarding militia and
self-defense forces within powers.
12. Other
disbursement for local militia and self-defense forces according regulations
and law and assignment of competent authorities.
Article 39.
Disbursement tasks of agencies and organizations
1. Register
and conduct medical examination, select, manage, organize forces, provide
training, coaching, military training, sports competitions, drills and
operations of militia and self-defense forces under management.
2. Inform and
publicize militia and self-defense forces; celebrate traditional day of militia
and self-defense forces under management of agencies and organizations.
3. Ensure
allowances for titles of military commands of agencies and organizations,
commanding titles of self-defense forces of agencies and organizations
affiliated to central ministries and business entities; benefits and policies
for self-defense forces specified in Clause 2 Article 34 of this Law and other
relevant law provisions.
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5. Transport,
repair and preserve weapons, combat gears, equipment and technical instruments
provided by competent authorities; purchase, repair and preserve necessary cold
weapons, combat gears, equipment and technical instruments satisfactory to
requirements and tasks of self-defense forces.
6. Examine,
take actions, handle complaints and accusations, conduct preliminary reports
and final reports and provide commendations regarding self-defense forces
within powers.
7. Other
disbursement for self-defense forces of agencies and organizations as per the
law.
Chapter VI
RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS
REGARDING MILITIA AND SELF-DEFENSE FORCES
Article 40.
Responsibilities of Government
1. Government
shall perform joint state management regarding militia and self-defense forces.
2. Contents of
state management regarding militia and self-defense forces include:
a) Issue and present competent
authorities to promulgate and organize implementation of legislative documents
on militia and self-defense forces;
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c) Develop forces, train, coach,
drill, operation and assure militia and self-defense forces;
d) Publicize and spread policies
and viewpoints of Communist Party, policies and regulations and law of
government regarding militia and self-defense forces;
dd) Perform international
cooperation regarding militia and self-defense forces;
e) Examine, inspect, take actions,
handle complaints and accusations, conduct preliminary reports and final
reports and provide commendations regarding militia and self-defense forces.
Article 41.
Responsibilities of Ministry of National Defense
Ministry of National Defense shall
be responsible to government regarding implementation of state management
regarding militia and self-defense forces and be responsible for:
1. requesting
government and Prime Minister to issue and issuing legislative documents on
militia and self-defense forces within powers;
2. taking
charge and cooperating with relevant agencies and organizations in developing
strategies, policies, schemes, projects, plans and scientific research
regarding militia and self-defense forces;
3. taking
charge and cooperating with relevant agencies and organizations in training
commanding officers of military commands of communes in basic military majors;
training and coaching commanding titles of militia and self-defense forces;
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5. cooperating
with central ministries in directing and guiding local governments, relevant
agencies and organizations to provide benefits and policies for militia and
self-defense forces as specified in this law and other relevant law provisions;
6. taking
charge, directing and guiding local governments, relevant agencies and
organizations to develop core models of militia and self-defense forces and
combat structures for militia and self-defense forces;
7. performing
international cooperation regarding militia and self-defense forces;
8. taking
charge or cooperating with central ministries, local governments and relevant
agencies and organizations in examining, inspecting, taking actions, handling
complaints, accusations, conducting preliminary reports, final reports,
competing and commending regarding militia and self-defense forces within
powers;
9. publicizing
and spreading policies and viewpoints of Communist Party, policies and
regulations and law of government regarding militia and self-defense forces;
10. conducting
other tasks regarding militia and self-defense forces as per the law.
Article 42.
Responsibilities of Ministry of Public Security
1. taking
charge and cooperating with Ministry of National Defense in directing, guiding
and organizing implementation of collaboration between People’s Public Security
and militia and self-defense forces in protecting national security, ensuring
social order and security, fighting and preventing crimes and violations
against regulations and law.
2. directing
local police to cooperate with military agencies of the same levels, relevant
agencies and organizations in implementing regulations and law on militia and
self-defense forces.
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1. Central
ministries, agencies and organizations other than Ministry of Public Security,
within their tasks and powers, shall cooperate with Ministry of National
Defense in performing state management regarding militia and self-defense
forces and shall be responsible for:
a) issuing instructional documents
on militia and self-defense forces regarding specialized fields;
b) organizing development,
training, military training, competitions, drills and operations of
self-defense forces;
c) directing and organizing
implementation of schemes, projects and plans regarding militia and
self-defense forces according to assigned tasks;
d) taking charge or cooperating
with Ministry of National Defense, local relevant agencies and organizations in
examining, inspecting, taking actions, handling complaints, accusations,
conducting preliminary reports, final reports, competing and commending
regarding militia and self-defense forces within powers;
dd) publicizing and spreading
policies and viewpoints of Communist Party, policies and regulations and law of
government regarding militia and self-defense forces;
e) conducting other tasks regarding
militia and self-defense forces as per the law.
2. Ministry of
Planning and Investment, Ministry of Finance, Ministry of Home Affairs,
Ministry of Labors - War Invalids and Social Affairs, Ministry of Education and
Training and Ministry of Agriculture and Rural Development within their tasks
and powers, shall exercise Clause 1 of this Article and shall be responsible
for:
a) Ministry of Finance shall take
charge and cooperate with Ministry of Planning and Investment, Ministry of
Planning and Investment, local governments and relevant agencies and
organizations in preparing, proposing government state budget estimates,
measures to allocate central government budget to ensure regular tasks regarding
militia and self-defense forces under central management, consolidating in
budget estimates and proposing competent authorities;
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c) Ministry of Home Affairs shall
take charge and cooperate with Ministry of National Defense in directing and
guiding local governments, relevant agencies and organizations in planning,
training, enhancing and assigning commanding officers, deputy commanders of
military commands of communes; in implementing benefits and policies for commanding
titles of military commands of communes;
d) Ministry of Labors – War
Invalids and Social Affairs shall take charge and cooperate with Ministry of
National Defense, Ministry of Finance and Ministry of Home Affairs in guiding
local governments, agencies and organizations implementing benefits and
policies for militia and self-defense forces as per the law; cooperate with
Ministry of Education and Training, Ministry of National Defense and relevant
agencies, organizations and local government in directing and providing
guidelines on training commanding officers of military commands of communes in
post-secondary and college levels of basic military majors;
dd) Ministry of Education and
Training shall take charge and cooperate with Ministry of National Defense,
relevant agencies and organizations in directing higher education institutions
to develop programs and guidelines on training commanding officers of military
commands of communes in higher education levels of basic military majors;
e) Ministry of Agriculture and
Rural Development shall take charge and cooperate with Ministry of National
Defense, relevant agencies and organization in directing agencies and entities
within their powers to cooperate with militia and self-defense forces in
protecting islands, territorial waters, natural disaster prevention and
control, search and rescue, evacuation, protection, prevention and counter
forest fire; directing, guiding registration, registration for control and
issuance of fishery permit with respect to ships provided for marine militia
and self-defense forces as per the law.
Article 44.
Responsibilities of local governments of all levels
1. People’s
Councils of all levels within their tasks and power are responsible for:
a) issuing legislative document;
approving and deciding schemes, projects and plans regarding militia and
self-defense forces as specified in this Law and other relevant law provisions;
b) deciding budget for assurance of
local militia and self-defense forces;
c) monitoring compliance with Constitution,
regulations and law and implementation of resolutions of People's Councils
regarding militia and self-defense forces.
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a) requesting People's Councils to
issue; issuing legislative documents, instructional documents, guidelines and
organizing implementation of militia and self-defense forces as specified in
this Law and other relevant law provisions;
b) requesting People's Councils of
the same levels to approve and decide schemes, projects and plans regarding
militia and self-defense forces;
c) directing agencies and
organizations under management to organize development, training, military
training, competitions, drills and operations of militia and self-defense
forces;
d) mobilizing ships, boats and
civil vehicles to ensure participation of militia and self-defense forces in
protecting islands and territorial waters of Vietnam as per the law;
dd) performing international
cooperation regarding militia and self-defense forces as assigned;
e) developing plans and organizing
implementation of decisions on expansion of militia and self-defense forces of
competent authorities;
g) examining, inspecting, taking
actions, handling complaints and accusations, conducting preliminary reports
and final reports and providing commendations regarding militia and
self-defense forces within powers;
h) publicizing and spreading
policies and viewpoints of Communist Party, policies and regulations and law of
government regarding militia and self-defense forces;
i) conducting other tasks regarding
local militia and self-defense forces according regulations and law and
assignment of competent authorities.
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Vietnamese Fatherland Front and
member organizations thereof, within their tasks and powers, are responsible
for publicizing and mobilizing people to exercise regulations and law regarding
militia and self-defense forces; monitoring implementation of regulations and
law regarding militia and self-defense forces.
Chapter VII
EMULATION, COMMENDATION AND SANCTIONS
Article 46.
Emulation and commendation
1. Local military
agencies of all levels, military commands of agencies and organizations shall
take charge and cooperate with relevant authorities in conducting emulation and
commendation regarding militia and self-defense forces.
2. Organize
emulation among militia and self-defense forces connected with emulation within
agencies, organizations and local governments.
3. Agencies,
organizations, individuals and militia and self-defense forces with
achievements in implementing militia and self-defense forces shall be commended
as per the law.
4. Minister of
National Defense shall provide guidelines for emulation and commendation
regarding militia and self-defense forces as per the law.
Article 47.
Sanctions
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2. Militia and
self-defense forces violating disciplines, regulations and law while on
missions shall be disciplined, sanctioned or liable to criminal prosecution on
a case-by-case basis as per the law.
Article 48.
Discipline methods of militia and self-defense forces
1. Personnel
of militia and self-defense forces shall be disciplined in form of:
a) Reprimands;
b) Warnings;
c) Revocation of the title of
militia and self-defense forces.
2. Personnel
holding commanding titles in militia and self-defense forces shall be
disciplined in form of:
a) Reprimands;
b) Warnings;
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d) Dismissal;
d) Revocation of the title of
militia and self-defense forces.
3. Minister of
National Defense shall regulate adoption of discipline forms, procedures,
period, time limit and authorization for adoption of disciplines on militia and
self-defense forces specified in this Article.
Chapter VIII
IMPLEMENTATION
Article 49.
Amendments to a number of Articles of laws relating to militia and self-defense
forces
1. Amendments
to a number of Articles of Law on Military Service No. 78/2015/QH13 as follows:
a) Amendments to Point a Clause 4
Article 4 as follows:
a) Standing militia with at least
24 months of active duty shall be recognized as having completed active
military duty during peacetime decided by commanding officers of military
commands of districts according to request of Chairpersons of People’s Committees
of communes or heads of hamlets in case of no communes and heads of agencies
and organizations;”;
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“e) Standing militia completing
participation in on-site, mobile, marine, anti-aircraft, artillery, scouting,
information, engineering, chemical defense and medical militia and self-defense
forces that have undergone concentrated training for 3 months or more;”;
c) Addition of Point h after Point
g Clause 1 Article 41 as follows:
“h) Standing militia.”.
2. Amendments
to Clauses of Article 41 of Law on Officers of People’s Army of Vietnam No.
16/1999/QH10 amended according to Law No. 19/2008/QH12 and Law No. 72/2014/QH13
as follows:
a) Amendments to Clause 1 Article
41 as follows:
“1. Cadets graduating training for
reservist officers, cadets graduating training for commanding officers of
military commands of communes in basic military major shall be ranked as
reserve junior lieutenant;”;
b) Amendments to Clause 3 Article
41 as follows:
“3. According to payroll, standards
of officer titles, military study results and achievements in serving national
defense, reservist officers shall be assigned with titles in reserve forces or
hold titles of commanding officers of military commands of communes and promoted
accordingly. Minister of National Defense shall regulate equivalent titles and
highest ranks for reservist officer holding titles of commanding officers of
military commands of communes;”.
Article 50.
Entry into force
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2. Law on
Militia and Self-defense Forces No. 43/2009/QH12 expires from the effective
date hereof.
This Law is approved in the 8th
session of the 14th National Assembly of the Socialist Republic of Vietnam in
November 22, 2019.
CHAIRPERSON
OF NATIONAL ASSEMBLY
Nguyen Thi Kim Ngan