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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
46/2000/ND-CP
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Hanoi, September 12, 2000
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DECREE
AMENDING AND SUPPLEMENTING A NUMBER OF
ARTICLES OF THE GOVERNMENT�S
DECREE No.35/CP OF JUNE 14, 1996 DETAILING 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 on the Militia and Self- Defense Force of January 9,
1996;
At the proposal of the Minister of Defense,
DECREES:
Article 1.- To amend and supplement a number of Articles of
Decree No.35/CP of June 14, 1996 of the Government detailing the implementation
of the Ordinance on the Militia and Self-Defense Force as follows:
1. Article 5 is amended and supplemented as
follows:
"Article
5.-
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2. The Military Command of the commune, ward or
township is allowed to appoint a full-time deputy commander.
3. The commander of the Military Command of the
commune, ward or township shall be approved by the President of the People’s Committee of the district, provincial town or
city under the province (collectively referred to as district level). The
deputy commander of the Military Command of the commune, ward or township shall
be appointed by the President of the People’s
Committee of the commune, ward or township after consulting the commander of
the district Military Command."
2. The following is added to Clause 3 of Article
8:
"3.
The competence in directing the militia or self-defense force to
perform combat duty or serve fighting, to defend political security and social
order and safety, to guard and fight against natural disasters and overcome the
consequences of natural disasters and other serious incidents (except when
directing is made by prescriptions of the legislation on emergency situation)
is stipulated as follows:
a/ The Minister of Defense has the competence to
direct the militia and self-defense force from one military zone to another to
perform a duty.
b/ The commander of a military zone has the
competence to direct militia and self-defense force within the military zone to
perform a duty, then notify the President of the People’s
Committee of the relevant province or centrally-run city. The commander of the
Navy has competence to direct self-defense units on the sea under the
management of the Navy then notify the head of the controlling Ministry or
branch.
c/ The commander of the Military Command of the
province or centrally-run city (collectively referred to as province) has the
competence to direct the militia and self-defense force within the province to
perform a duty after getting the consent of the President of the People’s Committee of the province and the Commander of
the military zone.
d/ The commander of the Military Command of the
district has the competence to direct the militia and self-defense force within
the district to perform a duty after getting the consent of the President of
the People’s Committee of the
district and the commander of the Military Command of the province.
e/ The commander of the Military Command of the
commune, ward or township (collectively referred to as commune) has the
competence to direct the militia and self-defense force to perform a duty
within the commune after getting the consent of the President of the People’s Committee of the commune."
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"Article
10.-
1. The deputy commander of the Military Command
of the commune, ward or township shall receive a monthly allowance equal to
that of other officials in the People’s
Committee at the commune level stipulated in Clause 5, Article 3 of the
Government’s Decree
No.09/1998/ND-CP of January 23, 1998 and current regimes for commune-level officials.
2. The families of officers of the Military
Command of the commune, ward or township attending training courses at the
military school of the province shall receive a daily allowance equal to 0.1%
of the minimum salary stipulated by the Government".
4. Article 11 is amended and supplemented as
follows:
"A.
Clause 1, Article 11:
"1. Officers (except the Military Command
of the commune, ward or township) and men of the militia and self-defense force
who do not receive salary from the State budget while on combat readiness duty
or on combat duty or serving the fighting or during military training on orders
from the commander of the Military Command of the district level upward (on
duty for short) are entitled to the following regimes:
a/ Workday allowance each day equal to the value
of a workday in the locality prescribed by the President of the People’s Committee of the province at least equal to 0.04%
of the minimum salary stipulated by the Government. For work time from 22.00 to
6 hours, this allowance is equal to 1.3 time the workday allowances in office
time.
b/ In case of full time combat duty, away from
production, on a rotary basis or combat readiness at key points defined by the
Ministry of Defense, in addition to the allowances stipulated at Point a of
this Clause, they shall also receive an additional sum of money for food at the
rate decided by the provincial People’s
Committee. If the time on duty lasts from six months to one year, they shall
receive a uniform, a pair of canvas shoes, a sun helmet (hereafter collectively
called an outfit) and are eligible to borrow a number of facilities for living,
training or work; if the time on duty lasts more than a year, they shall
receive one more outfit every additional six months.
c/ If they work far from the place of residence,
thus unable to commute daily, the military office that decides the assignment
shall arrange the accommodation place, and help in the commutation or pay for a
return ticket by train or bus; aside from the regime stipulated at Point a of
this Clause, they shall also receive allowance for food at the level decided by
the President of the People’s
Committee of the province.
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B.
Cancellation of Clause 3, Article 11.
5.
Article 12 is amended and supplemented as follows:
"Article
12.- Assignment of responsibilities in spending State budget for
building and activities of the militia and self -defense force:
1. The national defense budget shall make
appropriations to:
a/ Ensure payment of work-day allowances, food
(or salary) and other expenditures for the activities of the militia and
self-defense force directed to perform duties under the competence of the
Minister of Defense, the commanders of the military zones and the commander of
the Navy.
b/ Support the construction of barracks and the activities
of militia and self-defense force on combat duty or combat readiness in key
areas defined by the Ministry of Defense.
c/ Purchase outfits, equipment, weapons and
other military means, prepare fuses, explosive and fire engines to supply to
the production of mines and grenades to equip the militia and self-defense
force.
d/ Produce specimen of visual aids, print
training materials, books, certificates, forms of registration and statistics
for the militia and self -defense force.
e/ Build new and repair special military
projects, combat constructions in the defense areas assigned to the militia and
self-defense force for management and use.
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g/ Build pilot projects at the military zone and
Ministry of Defense levels on the three aspects of militia and self-defense
work, build combat communes, train the militia and self-defense force on the
sea.
h/ Ensure material basis for military training
and drills, military contests and exercises, celebrate the tradition day of the
militia and self-defense force under the guidance of the Ministry of Defense.
i/ To review, commend and reward the agencies,
units and individuals of the Ministry of Defense with good records in building
the militia and self-defense force.
j/ Other expenditures for the militia and
self-defense force shall comply with the provisions of law under the
responsibility of the Ministry of Defense.
2. The provincial budget shall make
appropriations to:
a/ Ensure the allowances for the families of
officers of the Military Command at the commune, ward or township during
concentrated training at the provincial military school.
b/ Ensure workday allowances, food allowances
(or salary), expenditures for the activities of the militia and self-defense
force directed to perform duties under the competence of the military commander
of the province or centrally-run city.
c/ Ensure workday allowances, food allowances
(or salary), military outfit, living facilities and expenditures for the
activities of the militia and self-defense units on combat duty or combat
readiness in key areas defined by the Ministry of Defense.
d/ Ensure implementation of regimes about
sickness, accidents, death on combat mission or natural death for the militia
and self-defense force not yet joining medical and social insurance schemes.
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f/ Transport, repair and maintain equipment and
weapons; produce mines and grenades and essential means to equip the militia
and self-defense force.
g/ Ensure the material basis for military
training, drills, contests, exercises, and activities on the tradition day of
the militia and self- defense force at the provincial level.
h/ Review, commend and reward agencies, units
and individuals with good records in building the militia and selfs-defense
force at the provincial level.
i/ Build the plan of militia and self-defense
force joining the area defense in the province and city.
j/ Other expenditures for the militia and
self-defense force shall follow the provisions of law under the responsibility
of the provinces and cities.
3. The district-level budget shall make
appropriations to:
a/ Ensure the education on national defense for
the entire people regarding the militia and self-defense work.
b/ Ensure the registration and organization of
militia and self-defense units.
c/ Ensure the organization and training of
militia and self-defense officers as assigned by the province or city.
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e/ Ensure material supplies for the military
training, drills, contests, exercises and activities on the tradition day of
the militia and self-defense at district level.
f/ Hold conferences and specialized courses on
militia and self-defense force at district level.
g/ To review, commend and reward agencies, units
and individuals with good records in building the militia and self-defense
force at district level.
h/ Other expenditures for the militia and
self-defense force shall follow provisions of law under the responsibility of
the district level.
4. The commune budget shall make appropriations
to:
a/ Ensure for the officers of the Military
Command of the commune, ward or township the allocations stipulated in Decree
No.09/1998/ND-CP of January 23, 1998 and current prescriptions of the
Government.
b/ Ensure workday allowances, food allowances
(or salary) and expenditures for the activities of the militia and self-defense
force directed to perform duties under the competence of the Military Commander
of the commune, ward or township.
c/ Ensure the registration and recruitment of
the militia and self-defense force.
d/ To review, commend and reward agencies, units
and individuals with good records in building the militia and self-defense
force at commune level.
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5. With regard to the locally- and centrally-run
administrative and non-business agencies and units, political and social
organizations (except the Ministry of Defense), expenditures for the
self-defense force belong to the approved draft budget and shall be announced
each year. With regard to enterprises of all economic sectors, expenditurees
for the self-defense force shall be accounted for in the production and
business management costs of the enterprises. These expenditures comprise:
- Expenditures for the activities of the
self-defense force directed to perform duties under the competence of the head
of the agency, administrative and non-business unit, political and social
organization and the director of the enterprise.
- Expenditures to ensure the material basis for
the military training, drills, contests, exercises and the activities on the
tradition day of the self-defense force at the agency, administrative and
non-business unit, political or social organization and the enterprise.
- Expenditures to review, commend and reward
agencies, units and individuals with good records in building the self-defense
force at the agency, non-business and administrative unit, political or social
organization and at the enterprise.
- Other expenditures for the self-defense force
shall follow the prescriptions of law.
Article 2.- This Decree takes effect 15 days after its
signing. All earlier stipulations which are contrary to this Decree are now
annulled.
The Minister of Defense shall have to guide the
implementation of this Decree.
Article 3.- The Ministers, the heads of ministerial-level
agencies, the heads of the agencies attached to the Government, the Presidents
of the People’s Committees of the
provinces and centrally-run cities shall have to implement this Decree.
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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai