Luật Dân quân tự vệ 2019 số 48/2019/QH14 áp dụng năm 2024

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) His/her 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