Decree 03/2016/ND-CP on guidelines for the Law on Militia

• Official number: 03/2016/ND-CP
• Legislation Type: Decree of Government
• Organization: The Government
• Signer: Nguyen Tan Dung
• Issued Date: 05/01/2016

THE GOVERNMENT -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness ---------
No. 03/2016/ND-CP	Hanoi, January 5, 2016

DECREE

ON GUIDELINES FOR THE LAW ON MILITIA

Pursuant to the Law on Government organization dated June 19, 2015;

Pursuant to the Law on Militia and Self Defense Forces dated November 23, 2009;

At the request of the Minister of National Defense,

The Government promulgates a Decree on guidelines for the Law on Militia.

Article 1. Scope

This Decree provides guidelines for the Law on Militia in terms of: Militia forces in enterprises; number of deputy commanders in commune-level military commands; tasks, powers and mechanism for coordinating the operation of the military commands of ministries and central branches; seals of military commands of communes, wards and towns (hereinafter referred to as communes), military commands of grassroots agencies and organizations; decentralization of military commands; policies for militia; assistance of vehicles and traveling allowances for militia on duty.

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1. Vietnamese citizens, regulatory bodies, political organizations, socio-political organizations, public service providers, and enterprises of Vietnam.

2. Foreign individuals or foreign-invested business entities that reside and operate in Vietnam in conjunction with militia. Where there is a discrepancy between this Decree and an international treaty to which the Socialist Republic of Vietnam is a signatory, such international treaty shall prevail.

Article 3. Imposition of citizen’s obligation to perform militia service; certificate of citizen’s fulfillment of obligation to perform militia service; militia's licenses to use weapons and combat gear

1. The President of People’s Committee of commune or an authority's head shall consider granting an imposition of citizen’s obligation to perform militia service or a certificate of citizen’s fulfillment of obligation to perform militia service at the request of commune-level military commander, military commander of grassroots agency or militia unit in agency or organization without military command.

2. Military commanders of districts, towns, provincial-affiliated cities, cities affiliated to central-affiliated cities (hereinafter referred to as districts) shall grant militia's licenses to use weapons and combat gear.

3. Forms of imposition of citizen’s obligation to perform militia service; certificate of citizen’s fulfillment of obligation to perform militia service; militia's licenses to use weapons and combat gear are specified in Appendix I issued herewith.

Article 4. Conditions for forming militia forces in enterprises

1. An enterprise is entitled to form militia forces when it fully meets the following conditions:

a) Ensure the leadership of executive committee of communist party, the management of the People's Committee of province, district and the command of local military agencies;

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c) Its number of officials and public employees, employees with labor contracts of at least 12 months and indefinite-duration labor contracts who satisfied requirements for ages and standards to perform militia service prescribed in the Law on Militia is sufficient to form at least one militia squad;

d) Conform to national defense and security objectives and local plan for forming militia forces.

2. An enterprises that has not formed militia forces shall have its employees perform militia service at grass-roots level:

a) The enterprise manager shall furnish a list of employees within age range for militia service at enterprises with labor contracts of at least 12 months and indefinite-duration labor contracts to the People’s Committee of commune where it is headquartered or operating;

b) The enterprise manager shall cooperate with the President of People’s Committee of commune in recruiting employees prescribed in Point a of this Clause to militia forces;

c) The enterprise manager shall comply with regulations on employees that participate in activities and training as per the law.

Article 5. Procedures for forming militia units in enterprises

1. Application

a) An application form for forming militia unit made by the enterprise manager;

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c) A list of officials and public employees and employees joining militia unit of the enterprise;

d) A document assessing the formation of enterprise’s militia unit issued by a competent authority.

2. Procedures and time limit

a) Regarding an enterprise not affiliated to military, it shall submit an application prescribed in Point a, Point b and Point c Clause 1 of this Article to the specialized agency affiliated to the authority that is competent to form militia units prescribed in Article 28 of the Law on Militia. The specialized agency shall cooperate with enterprises in doing survey and planning the formation of militia unit and issuing a written assessment of militia unit at the enterprise which then being submitted to competent authority for consideration.

Regarding an enterprise affiliated to military, it shall submit an application prescribed in Point a, Point b and Point c Clause 1 of this Article to the commander who is competent to form militia units prescribed in Article 6 of this Decree;

b) Within 5 working days from the date of submission, if the application is unsatisfactory, the specialized agency of authority that is competent to form militia units prescribed in Clause 1 Article 6 of this Decree shall instruct the enterprise to complete application in writing;

c) Within 20 working days from the date on which the satisfactory application is received, the specialized agency of authority that is competent to form militia units prescribed in Clause 1 Article 6 (if the enterprise is not affiliated to military) or agency of authority that is competent to form militia units prescribed in Clause 2 Article 6 (if the enterprise is affiliated to military) shall consult with relevant agencies, then verify the application in terms of the contents prescribed in Clause 1 Article 4 of this Decree and submit it to the person competent to issue a decision on formation of militia units. If the application is rejected by the competent person, a written explanation must be provided.

Article 6. The power to form and disband militia units in enterprises

1. With regard to militia units in an enterprise not affiliated to military: The power to form and disband militia units is prescribed in Point b, Point c, Point d, Point dd, Clause 1 and Clause 2 Article 28 of the Law on Militia.

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a) Chairman of General Department, the commanders of military zones and arms, High Command of Hanoi Capital, army corps, multi-battalion may decide to form militia battalions, militia flotillas at inferior enterprises;

b) Directors of institutes, rectors of schools affiliated to the Ministry of National Defense, General Director of groups and general companies may decide to form antiaircraft or artillery militia companies, militia flotillas; militia platoons at inferior enterprises;

c) Directors of companies, rectors of schools affiliated to General Department, military zones, arms, army corps may decide to form militia platoons, squads, batteries at inferior enterprises;

d) An authority competent to form militia units is also entitled to decide appointment, or dismissal of militia units’ commander or disband militia units.

Article 7. Conditions for forming military commands of grassroots agencies and organizations

A military command of grassroots agency and organization may be formed if it satisfies all of conditions below:

1. It is led by Communist Party of Vietnam.

2. It is subject to state management in terms of national defense and military.

3. There are self-defense organizations, reserve forces and ready-to-join forces.

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1. Defense-security key commune refers to a commune at border, island, coastal area, security area, a commune at location deemed important politically, economically, culturally, socially, and in terms of national defense and security, or a commune whose security and politics is considered frequently complicated.

2. Determination of defense-security key communes

a) Presidents of People’s Committees of central-affiliated cities (hereinafter referred to as hereinafter referred to as provinces) shall request Region Commander to submit a list of defense-security key communes for the Minister of National Defense’s approval;

b) President of People’s Committee of Hanoi shall submit a list of defense-security key communes for the Minister of National Defense’s approval.

3. Annually, Presidents of People’s Committees of provinces shall review and submit a list of additional defense-security key communes for approval.

Article 9. Number of deputy commanders of a commune-level military command

1. Regarding class 1 and class 2 communes prescribed in the Government's Decree No. 159/2005/ND-CP dated December 27, 005 on classification of communes, wards and towns and defense-security key communes, 2 deputy commanders of military command shall be assigned by People’s Council of province at the request of the People's Committee of province.

2. Regarding class 3 communes, 1 deputy commander of military command shall be assigned.

Article 10. Tasks and powers of military commands of ministries and central branches

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2. Take charge and cooperate with specialized agencies of the Ministry of National Defense, military zones, local military agencies, and relevant agencies in directing and guiding to perform tasks below:

a) Militia services;

b) National defense and security education;

c) National defense, military, industry mobilization, and relevant civil defense;

d) Participate in forming local armed forces, building a strong and comprehensive base; coordinate in the direction of the construction and operation of defense areas; perform regional defensive and fighting maneuvers at the commune level, perform civil defense involved;

dd) Give commendation, adopt military rear policy, adopt incentive policy for people with meritorious services to the revolution;

e) Give advices to ensure budget, funding, and policies for national defense and military services;

g) Inspect, give preliminary and consolidated reports;

h) Perform other tasks assigned.

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Article 11. Operation of military commands of ministries and central branches

1. The Party Caucus committee, Party organization, Party executive committee, and head of ministries and central branches: Subject to leadership, direction, management and administration in terms of national defense, military, and relevant civil defense.

2. The Ministry of National Defense: Subject to direction and guidance in terms of national defense, military, and relevant civil defense.

3. High Commands of military zones, local military agencies in places where they are headquartered: Subject to direction and guidance in terms of national defense, military, and relevant civil defense.

4. Take charge and cooperate with High Commands of military zones, Hanoi Capital High Commands, High Commands of arms, Border Guard Command, local military agencies in directing, guiding, and inspecting the national defense, military services, and relevant civil defense

5. Military commands of grassroots agencies and organizations, command of militia units in places without military commands: Take charge and cooperate with local military agencies in directing, guiding, and performing national defense, military services, and relevant civil defense.

6. Specialized agencies affiliated to the Ministry of National Defense: Subject to direction, guidance and cooperation in terms of national defense, military, and relevant civil defense.

Article 12. Decentralization of military commands of grassroots agencies and organizations, militia units

1. Hanoi Capital High Commands, Ho Chi Minh City High Commands, commanders of provincial military shall manage:

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b) Military commands of grassroots agencies and organizations affiliated to enterprises with militia battalions;

c) Military commands of grassroots agencies and organizations affiliated to provincial departments and equivalent authorities, management boards of industrial zones, processing and exporting zones, hi-tech zones, economic zones in the administrative division;

d) Antiaircraft artillery companies, militia artillery, militia battalions, militia fleets, engineer militia companies during the training and service period.

2. Military commands at district level shall manage military commands of grassroots agencies and organizations not prescribed in Point a, b, c Clause 1 of this Article and manage militia units prescribed in Point d Clause 1 of this Article beyond the training and service period; manage militia units formed during the training and service period.

3. Military commands at commune level, military commands of grassroots agencies and organizations, commanders of militia units in places without military commands shall manage:

a) Militia units within their power to form and militia units assigned for management;

b) Militia units that are formed by their superior authorities beyond the training and service period mobilized by competent authorities.

4. Military commands of ministries or central agencies shall cooperate with national defense standing agencies of the Ministry of National Defense at ministries or central agencies, local governments, and military units in directing and instructing military commands of grassroots agencies and organizations.

5. Navy Arms shall manage:

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b) Militia fleets, flotillas, companies, platoons, and squads in enterprises affiliated to Navy Arms.

Article 13. Seals of military commands

1. The seals of commune-level military commands, military commands of grassroots agencies and organizations, military commands of ministries and central branches shall be used in documents on national defense and military and relevant documents on national defense, military, civil defense within their competence.

2. Specimen of seals, seal carving, and power to handle procedures, registration, and management of seals of commune-level military commands, military commands of grassroots agencies and organizations, military commands of ministries and central branches shall be done in accordance with Decree No. 58/2001/ND-CP dated August 24, 2001 on management and use of seals, Decree No. 31/2009/ND-CP dated April 1, 2009 on amendments to Decree No. 58/2001/ND-CP dated August 24, 2001 and relevant law provisions.

3. Commune-level military commands, military commands of grassroots agencies and organizations and military commands of ministries and central branches may keep using their current seals if they are conformable with this Decree.

Article 14. Uniforms, stars and caps, and insignias of militia

1. Designs, colors, forms, standards, service life of uniforms, stars and caps, and insignias of militia prescribed in Appendix II enclosed with this Decree.

2. Quality standards for uniforms, stars and caps, and insignias of militia prescribed in national standards in the field of military and national defense (TCVN/QS).

3. The provision, management, and use of uniforms, stars and caps, and insignias of militia shall be done in accordance with law and regulations on national defense and regulations of the Minister of National Defense.

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1. If a commune has sufficient finance resources, it should build a head office of military command to ensure the accommodation for militia forces and reserve militia to be mobilized to perform certain tasks; if a commune has insufficient finance resources to build a separate head office of military command, it should arrange working rooms adequate for meetings, briefing, alternating combat readiness of militia forces and arrange desks, chairs, document cabinets, gun cabinets, combat gear, training material, shared outfits, telephones and other materials.

2. the Minister of National Defense shall stipulate a list of military equipment at head office or working room of commune-level military commands.

Article 16. Management and command responsibility allowance

Management and command responsibility allowance of militia shall be calculated and paid monthly, equal to base salary multiplied by (x) the following coefficients:

1. Squad commander: 0.1.

2. Platoon commander, village militia leader: 0.12.

3. Company deputy commander, company deputy political commissar; flotilla deputy commander, flotilla deputy political commissar: 0.15.

4. Company commander, company political commissar; flotilla commander and flotilla political commissar, platoon commander of mobile militia: 0.2.

5. Battalion deputy commander, battalion deputy political commissar: fleet deputy commander and fleet deputy political commissar: 0.21.

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7. Commander, political commissar of commune-level military command; commander, political commissar of military command of grassroots agency and organization; deputy commander, political commissar of military command of grassroots agency and organization: 0.24.

8. Commander, political commissar of a military command of a ministry or central branch: 0.25.

9. Period in which responsibility allowance is eligible commences from the date on which a decision on appointment is issued until the date on which a decision on termination of office is issued; if a person holds a position at least 15 days in a month, he/she is eligible for the entire month’s allowance; if a person holds a position less than 15 days in a month, he/she is eligible for a half of month's allowance.

Article 17. allowances, social insurance, health insurance, food expenses, per diem, subsidy of deputy commander of commune-level military command; allowances of village militia leader; assistance/aid in travel vehicles, expenses for militia

1. A deputy commander of commune-level military command is entitled to:

a) Monthly allowances, equal to base salary multiplied by (x) 1.0;

b) Contribute and benefit from social insurance, health insurance whilst he/she is on active service as prescribed in laws and regulations on social insurance, health insurance;

c) Food expenses during the period of training, practices, equal to basic food expenses paid for infantry soldiers in People's Army of Vietnam;

d) Per diem applicable to public employees of communes;

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2. A village militia leader is eligible for monthly allowances, at least equal to 0.5 of base salary and being paid monthly.

3. Mobile militia, on-site militia, navy militia, standing militia performing tasks prescribed in Article 8, Article 44 of the Law on Militia are provided with travel vehicles and expenses or paid round-trip tickets applicable to official and public employees of communes;

4. Each President of People’s Committee of province shall request People’s Council at the same administrative level to decide amounts of monthly allowances, food funding, aids for social insurance, health insurance provided for deputy commander of commune-level military command; monthly allowances for village militia leader; travel funding for militia.

Article 18. Seniority pay

1. Officers of commune-level military commands who have served for 60 or more consecutive months are entitled to a seniority allowance. The allowance amount is specific as follows: After 5 years (60 months in total) of continuous service, the seniority allowance shall be equal to 5% of the current salary amount and the leadership allowance, exceeding seniority allowances (if any) or the current monthly allowance; from the sixth year onwards (12 months in total), 1% shall be added.

2. An officer of commune-level military command who has served for a consecutive period in the branches for which he/she is entitled to receive the seniority allowances, are entitled to have that period included in the duration of working as officer of commune-level military command to receive the seniority allowance.

Article 19. National defense and military allowances

1. Deputy commander of commune-level military command, platoon commander of mobile militia is entitled to receive national defense and military allowances.

2. National defense and military allowance is equal to 50% of total current allowances, including: Monthly allowance, management and command responsibility allowance, seniority pay.

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Article 20. Policies for the militia tasked to protect the sovereignty and the sovereignty rights over the sea and islands

A member of the militia during his/her duty to participate in protecting the sovereignty and the sovereignty rights over the sea and islands of the Socialist Republic of Vietnam under the decisions of the competent authorities is eligible for the following policies:

1. For full-paid militia member, he/she is entitled to receive current allowances and benefits according to the current regime and enjoy 50% of the grade-based wage on the actual mobilization day; receive the food funding per day equal to 0.1 of base salary; if the actual amount is lower than the above regulation, Clause 2 of this Article shall apply.

2. For daywork-paid militia member, he/she is entitled to receive an amount of allowance equal to 0.25 of the base salary; and receive the food funding per day equal to 0.1 base salary. For the captain and chief engineer, he/she is entitled to receive an extra responsibility allowance per day equal to 0.08 of the base salary.

Article 21. Policies for militia members who have not purchased health insurance and social insurance but get sick or die when performing tasks

1. A militia member who has not purchased health insurance or social insurance but get sick or get sick leading to death when performing tasks prescribed Article 8 of the Law on Militia as the mobilization order of competent authority is eligible for the following incentives:

a) In case of sickness: He/she is entitled to be given medical examination and treatment and paid medical examination and treatment expenses with an amount of medical insurance applicable to People's Army of Vietnam soldiers prescribed in Point a Clause 1 Article 22 of Law on amendments to the Law on Health insurance; during the treatment period, food allowances equal to the basic meals of infantry soldiers of the People's Army of Vietnam shall be provided;

b) In case of sickness leading to death: The relatives or people who take care of funeral shall receive the funeral allowance equal to 5 (five) times the base salary at the month of death.

2. Request

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b) The test forms, the prescriptions, the receipts, the discharge papers and death certificates for cases of illness leading to death;

c) The written evaluation of the district-level military command.

3. Procedures

a) The militia member or lawful representative of the militia member, in case of illness leading to death, shall send a request set as prescribed at Point a, Point b, Clause 2 of this Article the commune-level military command;

b) Within 5 working days after receiving the request, the commune-level military command shall verify if the request is valid. If the dossier is invalid, the commune-level military command shall guide the militia member or the lawful representative of the militia member to supplement or complete the request. In case of valid request, the commune-level military command shall forward it to the district-level military command;

c) Within 10 working days after receiving the complete and valid request: If the request fails to fully meet the conditions for settlement, the district-level military command must notify the militia member of the reasons in writing. If the request fully meets the conditions for settlement, the district-level military command shall have to evaluate and forward the request to the president of the district-level People's Committee for approval;

d) Within 10 working days after the issuance of the allowance decision, the specialized agencies must implement regulations on sickness applicable to militia members or the lawful representative of militia members.

4. Funds shall be provided under decisions of district-level People's Committees.

Article 22. Policies for militia members who have not purchased health insurance and social insurance but have accidents or die when performing tasks

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a) During the time and at the place of duty prescribed in Clause 4, Clause 5, Clause 6, and Article 8 of the Law on Militia under the mobilization order of competent authority;

b) Beyond the time or place of duty under the order of competent authority;

c) On the route to and from the place of residence to the place of duty during the reasonable time and route.

2. Eligible incentives:

a) In case of accidents: During the treatment of accidents, victims shall enjoy the same treatment prescribed at Point a, Clause 1, Article 21 of this Decree, including cases of recurrent injuries until discharge from hospital. If the accident causes a reduction from 5% to 21%, the victim shall be entitled to lump-sum benefit at least equal to 12 times the base salary; if it causes a reduction from 22% to 80%, every additional 1% reduction shall be entitled to 0.4 times the base salary; if it cause a reduction of at least 81%, the lump-sum allowance shall be equal to at least 60 times the base salary;

b) In case of accidents leading to death: The relatives shall receive a lump-sum allowance equal to 36 times base salary or people who take care of funeral shall receive the funeral allowance equal to 10 (five) times the base salary at the month of death.

3. Request

a) A written request for allowance of the militia member or relative, with opinions of the commune-level military command and the certification by the commune-level People's Committee;

b) Record of accident investigation by police or military command at commune level or higher;

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d) The written evaluation of the district-level military command.

4. Procedures

a) The militia member or lawful representative of the militia member, in case of accidents leading to death, shall send a request set as prescribed at Point a, Point b, Clause 2 of this Article the commune-level military command;

b) Within 5 working days after receiving the request, the commune-level military command shall have to check the validity. If the dossier is invalid, the commune-level military command shall guide the militia member, relative, lawful representative of the militia member to supplement or complete the request. In case of valid request, the commune-level military command shall forward it to the district-level military command;

c) Within 10 working days after receiving complete and valid request, if the request fails to satisfy the conditions for settlement, the district-level Military Commands must clearly state the reasons for the applicant. Where the request satisfies all the conditions for settlement, the district-level military command shall have to examine them and send them together with request to the provincial-level military agency;

d) Within 10 working days after receiving complete and valid request, the provincial-level military agency shall evaluate and forward it the president of the provincial-level People's Committee for approval;

dd) Within 10 working days after the issuance of the allowance decision, the specialized agencies must implement regulations on accidents applicable to militia members or the lawful representative of militia members.

5. Funds shall be provided under decisions of provincial-level People's Committees.

Article 23. Policies for militia members who die, get injured or sacrifice their lives on duty

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1. If he/she dies, get injured, or sacrifices his/her life when doing service shall be considered revolutionary martyrs, wounded soldier, or equivalent prescribed in Ordinance on incentives for people with meritorious services to the revolution.

2. In case of death not prescribed in Clause 1 of this Article, including death caused by recurrent wound during performing tasks, the person who takes care of funeral is entitled to receive funeral allowance equal to 10 times base salary at the month of death.

3. Procedures, requests, policies shall be done in accordance with laws and regulations on wounded soldiers, dead soldiers, and revolutionary martyrs.

Article 24. Newspapers and magazines

1. Every day, the commune-level military command, military commands of grassroots agencies and organizations (except for military commands of grassroots agencies and organizations), and standing militia units are granted 1 issue of People's Army newspaper which is funded by the province.

2. Every day, the military commands of the ministries and central branches and the military command of grassroots agencies and organizations affiliated to enterprises shall be granted 1 issue of People's Army newspapers which is funded by the enterprises.

3. Monthly, the commune-level military commands, the military commands of grassroots agencies and organizations, the military commands of ministries and central branches shall be granted 1 issue of militia and national defense education magazine which is funded by the Ministry of Defense.

Article 25. Funding sources for militia

1. Funds and state budget funds for the operation of the militia shall be included in the annual state budget expenditure estimates of ministries and local governments according to the current state budget decentralization. The estimation, management and statement of funds shall comply with the provisions of the Law on State Budget and its guiding documents. For budget-hindering local governments, the central budget shall provide financial aids for implementation according to the central budget's balancing capability.

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3. Other lawful revenue sources.

Article 26. Entry in force

This Decree comes into force as of February 20, 2016 and supersedes the Government's Decree No. 58/2010/ND-CP dated June 1, 2010, on guidelines for the Law on Militia.

Article 27. Implementation

1. The Minister of Defense shall provide guidelines for the implementation of articles and clauses assigned to it in this Decree.

2. Ministers, the heads of the ministerial-level agencies, Heads of Governmental agencies, and concerned agencies and organizations, the presidents of the People's Committees of provinces and central-affiliated cities shall implement this Decree.

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