THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
35-CP
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Hanoi
,June 14, 1996
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DECREE
STIPULATING IN DETAILS THE IMPLEMENTATION OF
THE ORDINANCE ON THE MILITIA AND SELF-DEFENSE FORCE
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the Ordinance of January 9, 1996 on the Militia and Self-Defense
Force;
At the proposal of the Minister of Defense,
DECREES:
Article 1.- The registration for management and recruitment
of the militia and self-defense force is prescribed as follows:
1. From the 1st to 15th of April each year, the
citizens in the age group defined in Article 3 of the Ordinance on the Militia
and Self-Defense Force must be registered for management in the communes. wards
and townships where they are residing permanently, working or studying.
2. Criteria for citizens to be recruited into
the militia and self-defense force:
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- Possessing good political qualifications,
loyalty to the socialist Fatherland of Vietnam; strictly observing the lines
and policies of the Party and the laws of the State,
- Physically fit.
3. The People�s
Committees of various levels, the Directors of enterprises, the Heads of
administrative and non-business agencies shall have to lead, direct and
organize the strict registration for management of the citizens in the age
group defined in Article 2 of the Ordinance on the Militia and Self-Defense
Force and under the guidance of the Ministry of Defense.
4. The military offices of various levels shall
have to advise and assist the administration of the same level in organizing
the registration and recruitment of citizens into the militia and self-defense
force. The President of the commune, ward or township People�s Committee, the director of an enterprise and the
Head of an administrative and non-business agency shall issue a decision to
accept the citizens into the militia and self-defense force
Article 2.- The commune, ward or township military command
must have full knowledge of the quantity and quality of the existing militia
and self-defense force; the quantity and quality of the registered citizens and
the recruitment results; the real situation, requirements and tasks of the
locality so as to assist the commune, ward or township People’s Committee in organizing the rotary service in the
militia and self-defense force for a four-year term; ensure that the militia
and self-defense force has a high quality to meet the requirements and tasks of
combat readiness; create the reserve source for expanding the force when
necessary and ensure social equity.
Article 3.- The organization of the self-defense force in
the enterprises of other economic sectors under Item 2, Article 6 of the
Ordinance is prescribed as follows:
1. The enterprises that have Party organizations
must organize the self-defense force.
2. An enterprise that does not has a Party
organization shall organize the self-defense force when so requested by the
provincial/municipal military office or when it so proposes and the proposal is
accepted by the military office of a province or a city directly under the
Central Government. The self-defense force in such enterprise shall be placed
under the command of the military office of the district, provincial town or
city belonging to the province and under the direct leadership of the Party
committee of that district, town or city.
3. The directors of the enterprises which have
not yet organized a self-defense force, shall have to create conditions and
provide funding for citizens in the prescribed age group in their enterprises
to join the militia and self-defense force in the localities where they reside.
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1. The organizational structure of the militia
and self-defense force shall consist of an infantry detachment and a necessary
specialized detachment, an on-site combat force and a mobile combat force.
The State agencies, administrative and
non-business units, socio-political organizations shall organize only an
on-site combat force to defend themselves.
2. Size of the militia or self-defense force:
a. Each village, hamlet or population cluster in
the plain, coastal and mid-land communes, wards and townships may organize a
squad or a platoon; larger villages or hamlets. may organize a company if
conditions permit.
b. Each village or hamlet in mountainous,
highland and deep-lying commune, ward, or district township may organize a
group, a squad or a platoon.
c. In the State agencies as well as in
non-business and administrative units each study, work or production unit must
organize a squad or a platoon.
d. In State enterprises, each production group
or workshop must organize a squad, a platoon or a company; an enterprise that
has the necessary conditions may organize a battalion.
e. An enterprise of other economic sectors may
organize a group, squad or platoon.
f. A socio-political organization may organize a
squad or a platoon.
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2. The military commander of a commune, ward or
township or in a State enterprise must display good ethical norms, the sense of
responsibility, the ability to fulfill his/her assigned tasks and have been
tested through fighting, production and work.
3. Each border, coastal or island commune, ward
and township shall have one full-time deputy military commander.
For key inland communes, wards and townships;
remote and deep-lying communes where the President of the People’s Committee of the province or the city directly
under the Central Government deems it extremely necessary to have a full-time
deputy military commander, he/she shall, with the consent of the commander of
the military zone, decide that which of such communes, wards and townships
shall have one full-time deputy military commander. Each of the remaining
communes, wards and townships shall have a part-time deputy military commander.
4. The appointment of the full-time or part-time
deputy military commanders in communes, wards and townships shall be decided by
the President of the People’s
Committee of the district, provincial town or city under the province.
Article 6.- The militia and self defense force’s weapons and equipment, regardless of their
sources, must be registered, tightly controlled and used for the right purpose
in accordance with Article 14 of the Ordinance on the Militia and Self-Defense
Force. The Ministry of Defense shall provide for the regime on the
registration, management and use of the militia and self-defense force�s weapons and equipment.
Article 7.-
1. The period of political and military training
for the militia and self-defense officers and men in each year is determined in
accordance with Article 16 of the Ordinance on the Militia and Self-Defense
Force.
In case of necessity or war, the training period
may be extended to double the defined period.
2. The various levels and branches shall have to
guide the political and military training for the militia and self-defense
force in line with the contents and curriculum defined by the Ministry of
Defense.
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1. The use of the militia and self-defense force
in coordination with other armed forces in the task of security operations must
be well planned to ensure unified command and that each force is used according
to its functions and tasks.
2. In key border, coastal, island and inland
areas, where high combat readiness is required, the militia and self-defense
force shall be so organized as to ensure constant combat alert on a rotary
basis in accordance with the regulations of the Ministry of Defense.
The People’s
Committee of a province or a city directly under the Central Government shall
be responsible for guiding the organization and taking care of the life,
activity and study of the militia and self-defense force on combat duty.
Article 9.- Units of the regular army, local army and border
force in any areas shall have to liaise with the local military office, take
part in the building and training of the militia and self-defense force and
coordinate with the militia and self-defense force in security operations.
Article 10.- The full-time and part-time deputy commanders
of the commune. ward or township military commands are entitled to a monthly
allowance defined in Article 26 of the Ordinance on the Militia and
Self-Defense Force. The amount of this allowance shall be determined according
to Point d, Item 1, Article 2 of Decree No.50-CP of July 26, 1995 of the
Government; starting from the date on which the competent authority defined in
Item 4, Article 5 of this Decree issues the official decision of appointment.
- The families of the officers of the commune,
ward and township military commands under training at the provincial military
school are entitled to a daily allowance equivalent to 0.1% of the minimum
monthly salary.
Article 11.-
1. The militia officers and men who are on duty
as defined in Point a, Item 3, Article 26 of the Ordinance on the Militia and
Self-Defense Force are entitled to a daily sum of money equivalent to the pay
of one working-day in a specific locality defined by the President of the
district People’s Committee.
2. The militia and self-defense officers and men
who are injured in an accident, sick or die while on duty as defined in Point
b, Item 3, Article 26 of the Ordinance are entitled to social insurance as
defined for State officials and employees in Decree 12-CP of January, 26, 1995
of the Government. The Ministry of Labor, War Invalids and Social Affairs, the
Ministry of Finance, the Ministry of Health, the Ministry of Defense shall
provide concrete guidance for the implementation of these regimes.
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3. Each militia or self-defense member who is on
combat duty on a rotary basis for six months or more as defined in Item 2,
Article 8 of this Decree shall be provided with a uniform, a pair of shoes and
a sun helmet.
Article 12.- The annual funding for the building and
operation of the militia and self-defense force and the allowances for officers
shall derive from the local budget in conformity with Article 27 of the
Ordinance on the Militia and Self-Defense Force. The Ministry of Finance and
the Ministry of Defense shall have to provide concrete guidance and close
monitoring to limit the increase in the number of full-time officers in key
inland communes and remote and deep-lying communes.
Article 13.- An organization or individual that achieves
meritorious services in the organization, building and activity of the militia
and self-defense force shall be commended and rewarded in accordance with the current
forms and regimes prescribed by the State.
The military offices of various levels shall
have to coordinate with the concerned agencies and assist the President of the
People�s Committee of the same
level in considering and approving the decision to commend and reward or
propose to the higher level to commend and reward in a timely and accurate
manner.
Article 14.- In order to bring into play the tradition and
intensify the building of a strong militia and self-defense force to meet the
requirements and tasks of constructing and defending the Fatherland, each year
the local People’s Committees, the
Ministries and branches, the military commands of various levels shall have to
celebrate the traditional day of the militia and self-defense force on March 28
in a solemn and practical manner.
Article 15.- An organization or individual that shirks or
hinders the organization, building and operation of the militia and
self-defense force shall be, depending on the nature and seriousness of the
violation, subject to administrative sanctions as prescribed in Decree No.24-CP
of April, 18, 1996 of the Government or examined for penal liability.
Article 16.- This Decree takes effect from the date of its
signing. The earlier provisions contrary to this Decree are now annulled.
Article 17.- The Minister of Defense shall have to
coordinate with the concerned Ministers in implementing this Decree.
Article 18.-The Ministers, the Heads of the
ministerial-level agencies and the agencies attached to the Government, and the
Presidents of the People’s
Committees of the provinces and the cities directly under the Central
Government shall have to implement this Decree.
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ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
Vo Van Kiet