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THE
STANDING COMMITTEE OF NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
19/2004/PL-UBTVQH11
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Hanoi,
April 29, 2004
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ORDINANCE
ON MILITIA AND SELF-DEFENSE FORCE
Pursuant to the 1992
Constitution of the Socialist Republic of Vietnam, which was amended and
supplemented under Resolution No. 51/2001/QH10 of December 25, 2001 of the Xth
National Assembly, the 10th session;
Pursuant to Resolution No. 12/2002/QH11 of December 16, 2002 of the XIth
National Assembly, the 2nd session, on the law- and ordinance-making
programs for the XIth Legislature (2002-2007) and 2003,
This Ordinance provides for the militia and self-defense force.
Chapter I
GENERAL PROVISIONS
Article 1.-
1. The
militia and self-defense force is a mass armed force not divorced from
production and work, constituting a part of the People's Armed Forces of the
Socialist Republic of Vietnam, placed under the leadership of the Communist
Party of Vietnam, the management and administration of the Government and the
People's Committees of all levels, the uniform direction and command of the
Minister of Defense as well as the direction and direct command of local
military offices.
This force, if being organized
in communes, wards and district townships, is called militia force; if being
organized in State agencies, non-business units, economic organizations,
political organizations and socio-political organizations (hereinafter referred
collectively to as agencies and organizations) is called self-defense force.
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3. The March 28 every year is
taken as the traditional day of the militia and self-defense force.
Article 2.-
1.
Vietnamese citizens, regardless of their ethnic groups, religions, social
classes, educational levels or professional qualifications, aged between full
18 and full 45 years for men, between full 18 and full 40 years for women,
shall have the obligation to join the militia or self-defense force, except for
cases prescribed in Clause 2 of this Article.
2. The ages of militia
commanders in deep-lying, remote, border and island communes may be older but
must not exceed 50 for men and 45 for women.
Article 3.-
1. In
April every year, citizens who are full 18 years old must go to the People's
Committees of the communes, wards or district townships (hereinafter referred
to as the commune-level People’s Committees) where they reside or to agencies
or organizations where they work to register for militia and self-defense
service.
2. Those who fully satisfy the
following criteria shall be recruited into the core militia and self-defense
force:
a/ Having clear backgrounds;
b/ Having good political and
moral qualities;
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3. The management and
recruitment of the core militia and self-defense force shall be prescribed by
the Government.
Article 4.-
1. The
term of service in the core militia force is 5 years; for the core militia
force in deep-lying, remote, border and island communes, such term may be
extended, but must not exceed 3 years.
2. The term of service in the
core self-defense force is 5 years; depending on the practical conditions and
requirements of agencies or organizations, such term may be extended to the end
of the age bracket prescribed in Clause 1, Article 2 of this Ordinance.
3. Upon the expiration of the
service term prescribed in Clauses 1 and 2 of this Article, citizens who
participate in the core militia and self-defense force shall be granted
certificates of fulfillment of the militia and self-defense obligation; if they
are still in the age bracket prescribed in Clause 1, Article 2 of this Ordinance,
they shall be considered for registration into the mobilization reserve force
according to law provisions or transferred to the mass militia and self-defense
force.
Article 5.-
1. The
Government shall perform the uniform State management over the militia and
self-defense force nationwide.
2. The Ministry of Defense shall
assist the Government in performing the State management over the organization,
building and operation of the militia and self-defense force; direct, guide,
urge and examine the organization, building and operation of the militia and
self-defense force by ministries, ministerial-level agencies,
Government-attached agencies, People's Committees of all levels as well as
agencies and organizations.
The military zone commanders
shall assist the Ministry of Defense in directing, guiding and examining the
implementation of the militia and self-defense work by the provinces and
centrally-run cities in the military zones.
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4. The People's Committees of
all levels shall, within the ambit of their respective tasks and powers, perform
the State management over the organization, building and operation of the
militia and self-defense force; direct branches and military offices of the
same levels to perform tasks related to the organization, building and
operation of the militia and self-defense force at the orders of the superior
military offices; and implement regimes and policies towards the militia and
self-defense force.
5. Local military offices shall coordinate
with the concerned agencies in assisting the People's Committees of the same
levels in performing the State management over the militia and self-defense
force.
Commanders of military offices
of the provinces and centrally-run cities, rural/urban districts, provincial
towns and cities, communes as well as agencies and organizations shall be held
responsible before the superior military offices and the People's Committees of
the same levels for directing and commanding the militia and self-defense force
in its organization, building and operation.
Article 6.-
1. The
commune-level People's Committees, agencies and organizations shall have to
organize the militia and self-defense force.
2. The organization of the
self-defense force in non-State enterprises shall be prescribed by the
Government.
Article 7.-
The
militia and self-defense force shall have the following tasks:
1. To stand ready for combat, to
combat, render combat services and act as the core in fighting together with
the entire population against the enemy to defend their localities and
establishments;
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3. To act as a shock force in
defending the production, preventing, fighting and overcoming of the
consequences of, natural disasters, enemy sabotage and other serious incidents;
4. To mobilize people to observe
the Party's line and undertakings as well as the State's policies and laws; to
actively implement socio-economic development programs in localities,
contributing to building comprehensively strong grassroots units;
5. To perform other tasks
prescribed by law.
Article 8.-
1.
Officers and men of the militia and self-defense force shall have to strictly
observe the law provisions on militia and self-defense force.
2. Officers and men of the core
militia and self-defense force may wear insignia and uniforms prescribed by the
Government.
Article 9.-
Vietnam Fatherland Front and its member organizations, agencies, organizations,
people's armed force units and all citizens shall have to build the militia and
self-defense force.
Article 10.-
1. The
organization and use of the militia and self-defense force in contravention of
this Ordinance's provisions are strictly prohibited.
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Chapter II
ORGANIZATION, PAYROLL,
WEAPONS, EQUIPMENT, TRAINING AND OPERATION OF THE MILITIA AND SELF-DEFENSE FORCE
Section 1.
ORGANIZATION, PAYROLL, WEAPONS AND EQUIPMENT
Article
11.- The organization, payroll, weapons and equipment of the militia and
self-defense force must conform to the characteristics and requirements of the
defense and security tasks in the peace time and war time, the political,
economic, cultural and social characteristics as well as practical conditions
of each locality or grassroots unit.
Article 12.-
1. The
militia and self-defense force is organized as follows:
a/ The core militia and self
defense force is composed of the infantry militia and self-defense force, the
service militia and self-defense force and the sea militia and self-defense
force, organized into mobile and on-spot forces; for communes in key localities
requiring high combat readiness, the organization of stand-by militia and
self-defense force shall be considered;
b/ The mass militia and
self-defense force comprises the core militia and self-defense officers and men
who have fulfilled their militia and self-defense service and citizens in the
age bracket prescribed in Clause 1, Article 2 of this Ordinance.
2. The size and organizational
structure of the militia and self-defense force shall be prescribed by the
Government.
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Article 14.-
1. The
command system of the militia and self-defense force is composed of:
a/ Squad leaders and the like;
b/ Platoon leaders and the like;
c/ Company commanders and the
like;
d/ Battalion commanders and the
like;
e/ Village militia command and
the like;
f/ Commune militia commands and
military commands of agencies and organizations.
2. Major commanding positions of
the militia and self-defense force include:
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b/ Platoon leaders and the like;
c/ Company commanders and the
like;
d/ Battalion commanders and the
like;
e/ Village militia commanders
and the like;
f/ Commanders and political
commissars of commune militia force, and chiefs of military commands of
agencies and organizations.
Article 15.-
1.
Commune militia command and military commands of agencies or organizations
shall have to advise the commune-level People's Committees and the heads of
agencies or organizations on organizing and directing the defense and military
work; direct and command the militia and self-defense force in its building and
operation.
2. A commune militia command is
composed of the commander being member of the commune People's Committee, a
political commissar being a part-timer, a deputy-commander being a full-timer.
The commune militia commanders must go through trainings with curricula,
contents and time prescribed by the Government.
The commune militia commands have
their offices and necessary equipment in service of their work suitable to each
locality.
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4. The appointment, relief from
duty or dismissal of militia and self-defense commanders or officials
performing the defense or military work in communes, wards and district
townships as well as agencies and organizations shall be prescribed by the
Government.
Article
16.- Weapons and equipment of the militia and self-defense force from any
source must be registered, strictly managed and used for the right purposes and
in strict accordance with law provisions.
Section 2.
POLITICAL EDUCATION AND MILITARY TRAINING
Article
17.- Annually, officers and men of the core militia and self-defense force
shall be provided with political education and military training according to
the contents and curricula prescribed by the Ministry of Defense.
Article 18.-
1. The
annual political education and military training duration for officers and men
of the militia and self-defense force is prescribed as follows:
a/ Ten days for commune militia
commanders, political commissars, deputy-commanders and full-time officials
performing the defense or military work in agencies and organizations; seven
days for military command officials and part-timers performing the defense or
military work in agencies and organizations, as well as militia and
self-defense force commanders of from squad to battalion ranks;
b/ Ten days for the first-year
militia and self-defense force members and the second-year-on infantry militia
and self-defense force members in mobile force, service militia and
self-defense force and sea militia and self-defense force members; seven days
for on-spot infantry militia and self-defense force members who have served
from the second year on; and sixty days for stand-by militia force members;
c/ The political education and
military training duration for the mass militia and self-defense force shall
not exceed 5 days and such education and training shall be carried out only at orders
of the superior military offices.
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Section 3.
OPERATION OF THE MILITIA AND SELF-DEFENSE FORCE
Article
19.- The militia and self-defense force's activities in combat readiness,
fighting, combat service, protection of political security as well as social
order and safety are placed under the leadership of the Party Committees and
the administration of the presidents of the People's Committees of all levels,
the direction and direct command of the commune militia offices or the military
commands of agencies, organizations, and superior military offices.
Article 20.-
The
commune militia offices and the military commands of agencies or organizations
must draw up combat-security plans directly approved by the military agencies
of the rural/urban districts, provincial towns or cities.
The elaboration and approval of
the combat-security plans by the self-defense force in non-State enterprises
shall be prescribed by the Ministry of Defense.
Article
21.- The presidents of the commune-level People's Committees and the heads
of agencies and organizations must implement the political education, military
training and combat-security plans of the militia and self-defense force to
meet the task requirements in all circumstances.
Article
22.- Upon the competent military commanders' order to mobilize the militia
and self-defense force for the task of combat, combat service or the protection
of political security, social order and safety outside the provinces or
centrally-run cities, rural/urban districts or provincial towns or cities, the
presidents of the People's Committees or the heads of agencies or organizations
must strictly abide by such orders.
Chapter III
REGIMES AND POLICIES
TOWARDS THE MILITIA AND SELF-DEFENSE FORCE
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Article 24.-
1. The
core militia officers and men, while performing their tasks on competent
authorities' orders, shall be entitled to the following regimes:
a/ Allowances calculated on the
number of workdays with amounts prescribed by the People's Committees of the
provinces or centrally-run cities (hereinafter referred to as the
provincial-level People's Committees), which, however, shall not be lower than
0.04 of the minimum wage; if they perform their tasks at night time from 22
hrs. to 6 hrs., such allowances shall be doubled; if they perform their tasks
in places where exist dangerous or hazardous elements, they shall enjoy the
regime prescribed in Article 104 of the Labor Code;
b/ When they perform their tasks
of combat readiness in key localities prescribed at Point a, Clause 1, Article
12 of this Ordinance, they shall enjoy a daily allowance equal to 0.06 of the
minimum wage and free lodgings, but not enjoy the regime prescribed at Point a,
Clause 1 of this Article;
c/ When they perform their tasks
at places far from their residence places and cannot travel to and from there
every day, they shall be provided with free lodgings, travel means or expense
support or payment for a return ticket by the military offices which issue the
mobilization decisions; they shall be provided with meal expense support at the
levels prescribed by the provincial-level People's Committees.
2. The self-defense officers and
men shall, while performing their tasks on competent authorities' orders, enjoy
full pay as well as welfare and travel allowances by agencies or organizations
where such officers or men work according to the current regulations.
Article 25.-
1. The
core militia and self-defense officers and men shall be exempt from annual
public-labor obligation.
2. For the mass militia or
self-defense members who are mobilized to perform defense and military tasks or
participate in salvage, rescue or overcoming of the consequences of natural
disasters or enemy sabotage, the duration for performance of such tasks shall
be included in the annual public-labor obligation duration; if such duration is
longer than the annual public-labor obligation duration, the excess duration
shall be counted for enjoyment of workday allowances as prescribed by the
provincial-level People's Committees.
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4. Militia and self-defense
officers and men who are working under labor contracts in agencies or
organizations shall, during the political education or military training time,
be temporarily suspended from the performance of labor con-tracts according to
the Government's regulations.
Article 26.-
1.
Militia and self-defense officers and men, who get sick during the training or
the performance of their tasks, but have not yet participated in medical
insurance, shall be paid medical examination or treatment expenses; in cases
where they get accidents which reduce their working capacity, they shall be
considered for allowances, depending on the extent of working-capacity
reduction; if they die, death and funeral allowances shall be entitled as for
social insurance participants.
2. Militia and self-defense
officers and men performing the tasks prescribed in Clauses 1, 2 and 3, Article
7 of this Ordinance, if being injured and having their working capacity reduced
by 21% or more, shall be considered for enjoyment of policies like war
invalids, if they die, they shall be considered for recognition as war martyrs.
Funding for militia and
self-defense officers and men prescribed in this Article shall be prescribed by
the Government.
Article 27.-
Annual
funding for building, training and operation of the militia and self-defense
force includes:
1. The State budget (central
budget and local budgets);
2. Revenues of non-business units,
economic organizations and other organizations with revenues;
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4. Other sources prescribed by
law.
Article 28.-
1. Annual
funding for building, training and operation of the militia or self-defense
force in communes, wards and townships or agencies and organizations is
prescribed as follows:
a/ Expense for the militia force
shall be covered by annual local budgets;
b/ Expense for the self-defense
force shall be covered by annual funding of agencies or organizations; for economic
organizations, such expense shall be included in production/business management
cost according to law provisions;
c/ Expenses for militia or
self-defense units which are mobilized to perform extraordinary tasks shall be
paid by competent authorities issuing the mobilization orders;
d/ Expenses for responsibility
allowances paid to militia and self-defense commanders prescribed in Article 23
of this Ordinance shall be covered by annual local budgets.
2. Funding for building,
training and operation of the stand-by militia force prescribed at Point a,
Clause 1, Article 12 of this Ordinance shall be covered by local budgets.
3. Funding for scientific
research and compilation of curricula, teaching courses and documents, and the
building of a number of models of militia and self-defense training instruments
shall be prescribed by the Government.
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The presidents of the People's
Committees of all levels shall have to promulgate regulations on strict
management of the use of such funds.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 30.-
This
Ordinance takes effect as from January 1, 2005.
This Ordinance replaces the
January 9, 1996 Ordinance on Militia and Self-Defense Force.
Article
31.- The Government shall detail and guide the implementation of this
Ordinance.
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