Law on National Defense 2005, No. 39/2005/QH11

ORDER No. 12/2005/L-CTN OF JUNE 27, 2005, ON THE PROMULGATION OF LAW

THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Articles 103 and 106 of 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 Article 91 of the Law on Organization of the National Assembly;

Pursuant to Article 50 of the Law on Promulgation of Legal Documents,

HEREBY PROMULGATES:

The Law on National Defense,

which was passed on June 14, 2005, by the XIth National Assembly at its 7th session.

President of the Socialist Republic of Vietnam
TRAN DUC LUONG

LAW ON NATIONAL DEFENSE

(No. 39/2005/QH11 of June 27, 2005)

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH11 of December 25, 2001, of the Xth National Assembly, the 10th session;

This Law provides for national defense.

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation

This Law provides for national defense policies, principles and basic contents of defense activities; activities of the people’s armed forces; tasks and powers of agencies and organizations, rights and obligations of citizens with respect to national defense.

Article 2.- Subjects of application

1. This Law applies to Vietnamese agencies, organizations and citizens.

2. Foreign organizations, individuals that operate or reside in the territory of the Socialist Republic of Vietnam shall have to abide by the relevant provisions of Vietnamese law on national defense.

Article 3.- Interpretation of terms

In this Law, the terms below shall be construed as follows:

1. National defense means the cause of defending the country with the integrated strength of the entire nation, of which the military strength is typical and the people’s armed forces act as the core.

2. The entire-people defense means the country’s defense strength built on the foundation of human resources, material resources and spirit of all the people in a comprehensive, independent, sovereign and self-reliant manner.

3. Defense potential means the capability in terms of human resources, material resources and finance, which can be mobilized for the performance of defense tasks.

4. Defensive areas mean areas organized in terms of defense and security according to the administrative boundaries of provinces, centrally-run cities, rural districts, urban districts, provincial capitals or towns, which lie within the common defensive system of the whole country for the performance of defense tasks to protect the Fatherland.

5. The state of war means a special social status of the country, which is declared in the period from the time the country is invaded to the time such act of invasion is de facto terminated.

6. General mobilization means the measure to mobilize all resources of the country against aggressive wars.

7. Local mobilization means the measure to mobilize all resources of one or a number of localities for defense tasks.

8. The defense emergency state means a social status of the country when facing the danger of direct invasion or when an armed invasion or a riot has occurred, but not to the extent of declaration of the state of war.

9. Placing under martial law means a definite special state management measure performed by the army.

10. Curfew means a measure to prohibit people and vehicles from travelling and operating at certain hours in certain areas, excluding cases permitted under regulations of the persons competent to organize the realization of a curfew order.

Article 4.- Defense policies

1. The Socialist Republic of Vietnam State consolidates and strengthens national defense to construct and firmly defend the Fatherland.

2. The Socialist Republic of Vietnam State exercises its sovereignty over its territorial integrity covering its land, islands, archipelagoes, sea regions, subsoil and airspace; employ legitimate and appropriate measures to prevent, repel and frustrate all schemes and actions of aggression in any form.

3. The Socialist Republic of Vietnam State follows defense external policies in line with its foreign policies of independence, sovereignty, open door, multilateralization and diversification of international relations, being willing to be friends and reliable partners of all countries in the international community, striving for peace, independence and development against wars in any form; expands defense cooperation with neighboring countries and other countries in the world on the principles of respect for each other’s independence, sovereignty and territorial integrity, non-intervention in each other’s internal affairs, equality, mutual benefit for peace, in accordance with Vietnamese law and relevant treaties to which the Socialist Republic of Vietnam is a contracting party.

4. The Socialist Republic of Vietnam State acknowledges the merits of, and worthily commends, organizations and individuals that have recorded splendid achievements in the cause of consolidating and strengthening national defense and defending the Fatherland.

All ploys and actions against the independence, soforeignty and territorial integrity of the Fatherland, against the cause of building and defending the socialist Vietnamese Fatherland shall be severely punished in accordance with law.

Article 5.- Principles for defense activities

1. To comply with the Constitution and laws of the Socialist Republic of Vietnam; be placed under the leadership of the Communist Party of Vietnam, the unified management of the State.

2. To mobilize the integrated strength of the entire nation and the whole political system, in which the people’s armed forces act as the core.

3. To closely combine socio-economic development with enhancement of defense; enhancement of defense with socio-economic development.

4. To build the entire-people defense and the entire-people defense posture in association with the people’s security posture.

5. To combine defense activities with security activities and external activities.

Article 6.- Rights and obligations of citizens with respect to national defense

1. Defending the Fatherland is the sacred obligation and noble right of citizens.

2. Citizens must be loyal to the Fatherland, fulfill their military obligations, shall be educated in national defense and militarily drilled; join the militia, self-defense or civil defense forces; strictly abide by the measures of the State and competent persons when the country is in the state of war or the defense emergency state according to the provisions of this Law and other relevant provisions of law.

3. Citizens serving in the people’s armed forces or being mobilized for the performance of tasks in the state of war or the defense emergency state, if being wounded, damaged in health or losing their lives, shall together with their families enjoy the regimes and policies prescribed by law.

Article 7.- Compulsory purchase, requisition of lawful assets of individuals, organizations for defense reasons

In case of extreme necessity for defense reasons, the State shall compulsorily purchase or requisition with compensation lawful assets of individuals and/or organizations at market prices.

The compulsory purchase and requisition shall comply with the provisions of law.

Article 8.- Contents of building the entire-people defense

1. Formulating a strategy for defending the Fatherland, plans on national defense; building comprehensively strong defense forces and potentials; building up the entire-people unity bloc and strenthening the political system.

2. Building the people’s armed forces to act as the core, to be all-sidedly strong, to have high fighting capacity; building the People’s Army and the People’s Police into revolutionary, regular, elite and gradually modern ones.

3. Carrying out defense education in agencies, organizations and for citizens.

4. Investing in the construction of material and technical foundations for the entire-people defense; researching into and finalizing the Vietnamese military strategy and arts; developing the defense industry, military science and technology; mobilizing the scientific and technological potentials of the State and people in service of national defense and at the same time properly applying the achievements of military science and technology to national construction.

5. Preparing plans for defense mobilization and necessary conditions for realization of defense mobilizations in the state of war or the defense emergency state.

The contents of preparing defense mobilization plans shall be stipulated by the Government.

6. Building comprehensively strong defensive areas; enhancing defense and security potentials in key areas, ethnic minority, mountainous, border and island regions.

7. Formulating and implementing regimes and policies suitable to the conditions and nature of activities of the people’s armed forces, policies towards families of persons serving in the people’s armed forces.

8. Formulating and implementing civil defense plans and measures nationwide.

9. Performing the state management over defense, forming and perfecting the system of laws on defense of the Fatherland.

Article 9.- Building defensive areas

1. In provinces, centrally-run cities, rural districts, urban districts, provincial capitals and towns, defensive areas must be built within the national defensive system.

2. The contents of building defensive areas and the mechanism for the operation of defensive areas shall be stipulated by the Government.

Article 10.- Mobilizing the national economy for national defense

1. The National Assembly shall decide on guidelines and measures to mobilize the national economy for national defense.

2. The Government shall organize the preparation for and mobilization of material, financial, scientific and technological resources to create sources of national reserves in service of national defense.

3. The Ministry of Defense shall assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies and Government-attached agencies in, drawing up plans on regular defense demands as well as defense demands in the first war year and during war time for submission to the Government for decision.

Article 11.- Combining socio-economic development with defense enhancement

1. The State shall work out plans and programs on combination of socio-economic development with defense enhancement in conformity with the socio-economic development strategy and the national defense strategy in each period.

2. The plannings and plans for socio-economic development of regions, provinces, centrally-run cities and key defense areas must be appraised jointly by the Ministry of Defense and competent bodies of the Government.

3. Agencies, organizations and individuals, when conducting production, business, investment activities as well as scientific and technological research and application, must comply with the State’s requirements on combining economic development with defense maintenance.

4. The Ministry of Defense shall assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies and government-attached agencies in, drawing up plans on capability and demand for combination of socio-economic development with defense enhancement in peace and war time for submission to the Government for decision; organize and build defense-economic areas assigned by the Government; organize and manage activities of defense service enterprises and army units assigned to carry out economic activities in combination with defense in conformity with the army’s task requirements and in accordance with the provisions of law.

Chapter II

THE PEOPLE’S ARMED FORCES

Article 12.- The people’s armed forces

1. The people’s armed forces comprise the people’s army, the people’s police and the militia and self-defense force.

2. The people’s armed forces must be absolutely loyal to the Fatherland and the people, have the tasks to stand ready for combat, to combat for the defense of independence, sovereignty, unity and territorial integrity of the Fatherland, national security, social order and safety, to protect the socialist regime and revolutionary gains and join the entire people in national construction.

3. It is strictly prohibited to illegally set up armed units.

Article 13.- Principles for operating and employing the people’s armed forces

1. The people’s armed forces are placed under the leadership of the Communist Party of Vietnam, the supreme command of the State President and the unified management of the Government.

2 The employment of the people’s armed forces and the application of military measures in the state of war or the defense emergency state shall comply with the State President’s orders.

3. In case of catastrophes caused by nature or humans, dangerous epidemics or circumstances which seriously threaten national security and social order and safety, the mobilization and employment of the people’s armed forces shall comply with the provisions of law on emergency state.

4 When there is no order of competent authorities, the people’s armed force unit commanders must not mobilize and employ personnel, use equipment and weapons of their units for armed activities not included in combat-readiness drills or manoeuvre plans already approved by competent authorities.

Article 14.- The people’s army

1. The people’s army constitutes the core of the people’s armed forces in performing defense tasks, which is composed of the active force and the mobilization reserve force. The active force of the people’s army consists of the regular army and the local army.

The 22nd of December every year is the traditional day of the people’s army and the day of the entire-people defense.

2. The organization, tasks and service regime of the people’s army shall be provided by law.

Article 15.- Militia and self-defense force

1. Militia and self-defense force constitutes the mass armed forces not being separated from production and work, having the tasks to stand ready for combat, to combat, and render combat services for the defense of localities or establishments; coordinate with units of the people’s army, the people’s police and other forces in the areas in building the entire-people defense, building defensive areas, maintaining political security as well as social order and safety, protecting the Party and administrations, protecting the property of the State, the lives and property of people in localities and establishments.

2. The organization, tasks and service regime of the militia and self-defense force shall be provided for by law on militia and self-defense force.

Article 16.- Commanders of the people’s army and the militia and self-defense force

1. The people’s army and the militia and self-defense force have the commanding system organized in accordance with the provisions of law.

2. The Minister of Defense is the supreme commander of the people’s army and the militia and self-defense force.

Article 17.- The people’s police in performance of defense tasks

1. The people’s police constitutes the core force in performing the tasks of protecting the political security, social order and safety, having the task of coordinating with the people’s army and the militia and self-defense force in performing defense tasks.

2. The coordination between the people’s police and the people’s army as well as the militia and self-defense force in performing defense tasks shall be specified by the Government.

Article 18.- Ensuring activities of the people’s armed forces

The State shall ensure the financial, logistic, weapon, technical equipment, means and land supply for defense purposes and the preferential regimes and policies suitable with the nature of particular activities of the people’s armed forces in performing defense tasks.

Chapter III

DEFENSE EDUCATION

Article 19.- Scope and subjects of defense education

1. Defense education shall be carried out nationwide with contents, forms and methods suitable to each subject.

2. Defense education is an official study subject in senior high-schools upwards.

The defense knowledge constitutes one of the compulsory criteria for officials holding leading or managerial positions in agencies and organizations. The subjects and specific criteria shall be defined by the Government.

Article 20.- Defense education contents

1 Educating in civil rights and obligations to defend the socialist Vietnamese Fatherland; defense and security task requirements; the nation’s tradition of fighting foreign invaders; fostering patriotism, the love for socialism, the sense of vigilance against all schemes and tricks of hostile forces opposing and sabotaging the socialist regime and the State of the Socialist Republic of Vietnam.

2. Educating in and fostering defense knowledge and necessary military skills; training citizens in physical strength to be ready to perform their duty of defending the Fatherland.

3. Fostering public employees and heads of agencies, organizations in the basic knowledge about military policies and state management over national defense.

Article 21.- Responsibilities to organize defense education

1. The Ministry of Defense shall assume the prime responsibility for, and coordinate with the Ministry of Education and Training in, formulating defense education contents and programs suitable to each subject and each educational level; direct the organization of defense education nationwide.

2. Agencies and organizations shall, within the scope of their respective tasks and powers, have to organize the realization of defense education contents and programs according to the provisions of law.

3. The State encourages and creates conditions for agencies, organizations, individuals and families to develop various forms of vocational guidance education and mass education in defense.

4. The mechanisms and policies on defense education shall be provided for by the Government.

Chapter IV

DEFENSE INDUSTRY

Article 22.- Position and tasks of the defense industry

The defense industry constitutes a part of the national industry, having the tasks of research and development, manufacture, production, maintenance, repair, modification, modernization of weapons, technical equipment, special-purpose equipment and other products in service of national defense.

Article 23.- Building the defense industry

1. The State prioritizes investment in research into, building, modernization and development planning of, the defense industry, meeting the requirements of strengthening the defense potential and ensuring the fighting capacity of the people’s armed forces.

2. The State constantly maintains and step by step increases the defense industry capacity through mechanisms, coordinated policies, meeting the defense task requirements suitable to the socio-economic conditions of the country.

3. The international cooperation in the defense industry to meet the demand for equipment of the people’s armed forces must comply with the principles of independence, sovereignty, equality, mutual benefit and absolute confidentiality of military and state secrets.

Article 24.- Defense-industry establishments

1. Industrial production establishments shall be invested by the State in building production capacity in service of national defense in accordance with the provisions of law on industrial mobilization.

2. Establishments researching into, producing, repairing weapons and military technical equipment shall be directly managed by the Ministry of Defense.

Article 25.- Responsibilities to manage the defense industry

1. The Government shall perform the unified management of the defense industry, covering plannings and plans for building and development of the defense industry.

2. The Ministry of Defense shall manage the production and exploitation of defense products; directly manage defense-industry establishments; place orders for production of goods in service of national defense.

3. The Ministry of Industry shall assume the prime responsibility for, and coordinate with the Ministry of Defense as well as relevant ministries and branches in, organizing, managing and guaranteeing the right for, their establishments which are tasked to turn out products in service of national defense, to realize the goods orders placed by the Ministry of Defense.

The coordination between the Ministry of Industry and the Ministry of Defense shall be provided for by the Government.

Chapter V

CIVIL DEFENSE

Article 26.- Position of civil defense

Civil defense constitutes a part of the national defensive system, covering measures for active prevention and fighting of wars or catastrophes caused by nature or humans, dangerous epidemics; prevention, combat and remedy of consequences of catastrophes, protection of the people, protection of activities of agencies, organizations and the national economy.

Article 27.- Civil defense measures

1. Measures to protect operations of agencies, organizations and the national economy shall include:

a) Handling of circumstances in the state of war or the defense emergency state;

b) Evacuation and camouflage; protection of material foundations, warehouses, equipment, machinery, raw materials and materials, economic, socio-cultural works; reserve of food and foodstuff, clean water, medicines, biological industrial products; protection of water sources, works, terrain of defensive value;

c) Conservation and protection of the environment.

2. Measures to protect people shall include:

a) Guiding, training and drilling in civil defense measures for local people and forces; using personal prevention means; evacuation of the people to safe areas or less dangerous areas;

b) Organization of people’s air defense, building of shelters; issuance of regulations on lighting, camouflage, communication and information and defensive measures.

3. Organizing search and rescue forces; redressing consequences of war, epidemics and catastrophes caused by nature or humans.

4. Drawing up plans and taking measures for prevention and fighting of mass destruction weapons, poisons, radioactive substances, flamables and explosives.

Article 28.- Responsibilities to organize and manage civil defense work

1. Civil defense rests with agencies, organizations and citizens and is placed under the unified management of the Government.

Ministries and ministerial-level agencies shall, within the ambit of their respective tasks and powers, be answerable to the Government for performance of the state management over civil defense work.

Local military commands shall advise the People’s Committees of the same level on civil defense work under the direction of the Ministry of Defense.

2. The presidents of People’s Committees of all levels shall, within the scope of their respective tasks and powers, personally command and direct the application of measures for civil defense in localities; actively mobilize local forces for handling of circumstances and coordination with relevant localities in performing civil defense work in localities.

3. The organization, tasks and mechanisms for investment in building and training of civil defense shall be provided for by the Government.

Chapter VI

STATE OF WAR, STATE OF DEFENSE EMERGENCY

Article 29.- Declaring a state of war

1. When the country is invaded, the National Assembly shall consider and decide to declare a state of war; and to assign the Defense and Security Council special tasks and powers.

2. In cases where the National Assembly cannot meet, the National Assembly Standing Committee shall decide on the declaration of a state of war and report it to the National Assembly for consideration and decision at its nearest meeting.

3. Based on the resolution of the National Assembly or the National Assembly Standing Committee, the State President shall promulgate a decision on the declaration of a state of war.

Article 30.- General mobilization, local mobilization

1. Upon deciding to declare a state of war or to proclaim a state of defense emergency, the National Assembly Standing Committee shall consider and decide on general mobilization or local mobilization.

2. Based on the resolution of the National Assembly Standing Committee, the State President shall issue an order on general mobilization or local mobilization.

3. The general mobilization order shall be proclaimed nationwide; the defense mobilization plan shall be fully realized; social activities and the national economy shall shift to fulfill the tasks of combat and combat services and meet the war-time defense demands; and the army shall be placed in the state of combat readiness to be stipulated by the Minister of Defense and be reinforced with reserve armymen and technical means.

4. The local mobilization order shall be proclaimed in one or a number of localities and applied to agencies, organizations and relevant individuals for realization of defense mobilization plans; social activities and the economy of the localities subject to mobilization shall shift to fulfill the tasks of combat and combat readiness and meet the defense demands; the army shall be placed in the state of combat readiness to be stipulated by the Minister of Defense; and a section of the regular army shall be reinforced with reserve army men and technical means.

Article 31.- Proclaimation of a state of defense emergency

1. Upon the occurrence of a defense emergency state, the National Assembly Standing Committee shall consider and decide on the proclaimation of a state of defense emergency nationwide or in each locality.

2. Based on the resolution of the National Assembly Standing Committee, the State President shall promulgate a decision on the proclaimation of a state of defense emergency nationwide or in a specific locality; where the National Assembly Standing Committee cannot meet, the State President shall proclaim a state of defense emergency nationwide or in a specific locality.

Article 32.- Placing under martial law

1. When the political security, social order and safety in one or a number of localities are threatened so seriously that the local administration(s) cannot control the situation, the State President shall issue an order to place such locality(ies) under martial law at the proposal of the Government.

2. A martial law placement order must specifically identify the areas to be placed under martial law, enforcement measures and effect; specify the performance of civil obligations, the application of necessary regulations on social order in the target locality(ies) and shall be continuously announced on the mass media.

3. During the martial law time, the state management in the areas placed under martial law shall be assigned to the army. The commanders of the army units assigned to manage the areas placed under martial law shall have the power to order the application of necessary measures for the enforcement of a martial law placement order and be responsible for the application of those measures.

4. Based on the State President’s order on martial law application, the Prime Minister’s decisions, directives on the enforcement of martial law placement orders, the Minister of Defense shall have to direct and command the army units assigned to operate in the localities placed under martial law to strictly comply with the provisions of law.

5. The adjudication of offenses committed in the localities during the martial law period shall be undertaken by military courts.

6. At the proposal of the Prime Minister, the State President shall issue an order to annul the order on martial law placement when the political security and social order and safety in the areas placed under martial law have been restored.

Article 33.- Curfew

1. A curfew order shall be proclaimed in cases where the political security as well as social order and safety in one or a number of localities develop in a complicated manner, threatening to cause serious instability.

2. A curfew order must clearly identify the curfew area, the curfew starting and ending time, the regulations to be observed by agencies, organizations and individuals in the curfew area.

3. A curfew order shall take effect for a period of not more than 24 hours. In the curfew duration, only travel shall be restricted; all other legitimate rights of citizens shall be protected by law.

4. The competence to proclaim a curfew order is stipulated as follows:

a) The Prime Minister shall proclaim a curfew order in one or a number of provinces or centrally-run cities;

b) The provincial/municipal People’s Committees shall proclaim a curfew order in one or a number of rural districts, urban districts, towns and cities of provinces or centrally run cities;

c) The People’s Committees of rural districts, urban districts, provincial capitals or towns shall proclaim a curfew order in one or a number of communes, wards, townships under rural districts, urban districts, provincial capitals or towns.

Article 34.- Tasks and powers of the Defense and Security Council in a state of war or a state of defense emergency

1. To decide on mobilization of all forces and capabilities of the country for the defense of the Fatherland.

2. To decide on military measures and mobilization of people’s armed forces.

3. To decide on measures to maintain the political security, social order and safety in service of national defense.

4. To direct judicial and diplomatic activities during war time.

5. To perform other special tasks and powers when assigned by the National Assembly.

Article 35.- Powers of the Minister of Defense in a state of war or a state of defense emergency

Based on the decision to declare a state of war or the decision to proclaim the a state of defense emergency, the order on general mobilization or local mobilization, the Minister of Defense shall have the power to issue special orders to fulfill the combat tasks in the fighting areas. The heads of local administrations, agencies or organizations in the fighting areas must obey such orders.

Article 36.- Annulment of orders on declaration of a state of war or a state of defense emergency; of orders on general mobilization or local mobilization

1. When a state of war or a state of defense emergency no longer exists, the National Assembly or the National Assembly Standing Committee shall decide to cancel the state of war or the state of defense emergency, the general mobilization or the local mobilization.

2. Based on the resolution of the National Assembly or the National Assembly Standing Committee, the State President shall issue orders to annul the promulgated orders.

Chapter VII

DEFENSE ASSURANCE

Article 37.- Assurance of mobilization of human resources in service of national defense

1. Vietnamese citizens constitute the basic and major human resources of national defense.

2. The State adopts policies and draw up plans on building up and fostering human resources in all aspects to ensure the fulfilment of defense tasks during peace and war time.

Article 38.- Assurance of financial resources for national defense

1. The State ensures the budget for the performance of defense tasks in accordance with the provisions of the State Budget Law.

2. Economic organizations shall ensure funds for the performance of defense tasks under the Government’s regulations.

3. The State encourages domestic organizations and individuals as well as foreign organizations and individuals to contribute their property to national defense on the principles of voluntariness and non-contravention of the provisions of Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 39.- Assurance of property in service of national defense

1. Properties in service of national defense are properties of the State, which shall be uniformly managed and supplied by the State.

2. Properties in service of national defense shall include:

a) Weapons, equipment, military gears and material conditions for defense purposes;

b) Land used for defense purposes under the provisions of land law;

c) Properties managed by defense enterprises;

d) Means, equipment, material facilities of the national economy, which are created by agencies, organizations and/or citizens, mobilized by the State and reserved under defense mobilization plans;

e) Documents, teaching materials and research works concerning defense and military activities;

f) Technical means mobilized, compulsorily purchased, requisitioned in service of national defense under the provisions of law.

3. The State works out plans on national reserves to ensure the supply thererof for national defense. The management and use of national reserves for national defense and other purposes shall comply with the provisions of law on national reserves.

4. All acts of illegally using and appropriating properties in service of national defense and national reserves for national defense are strictly prohibited.

Article 40.- Ensuring communication and propagation in service of national defense

1. The State works out plans to ensure communication and propagation in service of national defense.

2. The Ministry of Post and Telematics, the Ministry of Culture and Information and the mass media agencies shall, within the ambit of their respective tasks and powers, have to coordinate with the Ministry of Defense in assisting the Government to elaborate and implement plans to ensure communication and propagation in service of natioanl defense in peace and war time.

3. It is strictly prohibited to propagate and communicate defense information and notices beyond the assigned tasks.

Article 41.- Ensuring medical services for national defense

1. The State works out plans to ensure medical services for national defense.

2. The Ministry of Health shall, within the ambit of its tasks and powers, have to coordinate with the Ministry of Defense in assisting the Government in drawing up and implementing plans to ensure medical services for national defense in peace and war time.

Article 42.- Ensuring defense works and military zones

1. The State plans and builds defense works and military zones nationwide.

2. The management and use of defense works and military zones shall comply with the provisions of law.

Article 43.- Ensuring transport in service of national defense

1. The State works out plans to ensure transport in service of national defense.

2. The Ministry of Transport shall, within the ambit of its tasks and powers, have to coordinate with the Ministry of Defense in assisting the Government in elaborating plans to ensure transport in service of defense in peace and war time; and organizing the implementation thereof to ensure transport in service of national defense under the Government’s decisions.

Chapter VIII

DEFENSE-RELATED TASKS, POWERS OF AGENCIES, ORGANIZATIONS

Article 44.- Contents of state management over national defense; Government’s tasks and powers regarding national defense

1. Contents of state management over national defense include:

a) Elaborating, and organizing the implementation of, plans on consolidation and strengthening the entire-people defense, plans on national defense and plans on defense mobilization;

b) Promulgating, and organizing the implementation of, legal documents on national defense;

c) Organizing and directing the performance of defense tasks; executing orders and decisions of competent state agencies and necessary measures to defend the Fatherland;

d) Carrying out defense education; propagating, disseminating and educating in national defense law;

e) Examining, inspecting and settling complaints and denunciations in the performance of defense tasks;

f) International cooperation on defense.

2. The Government performs the unified management of national defense, performs tasks and exercise powers in accordance with the provisions of the Constitution and defense law.

Article 45.- Tasks and powers of the Ministry of Defense

1. To be answerable to the Government for performing the state management over defense nationwide; to assist the Government in drafting bills, ordinances and decrees on defense as well as documents guiding the implementation thereof.

2. To assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies and Government-attached agencies in, elaborating state plannings and plans on defense and submit them to the Government for decision; to build up, manage and command the people’s army and the militia and self-defense force in performing defense tasks.

3. To guide, inspect, examine, preliminarily and finally review the performance of defense work in ministries, ministerial-level agencies, Government-attached agencies and localities according to the provisions of this Law and other legal provisions.

Article 46.- Defense-related tasks and powers of ministries, ministerial-level agencies and Government-attached agencies

1. Within the ambit of their respective tasks and powers, to coordinate with the Ministry of Defense in performing the state management over national defense; to promulgate or submit to competent agencies for promulgation legal documents for the performance of defense tasks according to the provisions of law.

2. To organize the implementation of state plannings and plans on national defense in peace and war time according to their assigned tasks.

3. To closely combine national defense with economy and economy with national defense in formulating and implementing the plannings and plans of their branches or assigned domains.

4. To participate in building defensive areas under the Government’s direction and the Defense Ministry’s guidance.

5. To perform other tasks and exercise other powers regarding national defense in accordance with legal provisions.

Article 47.- Defense-related tasks and powers of the People’s Councils of all levels

1. Within the ambit of their respective tasks and powers, the People’s Councils of all levels shall adopt resolutions on measures to ensure the enforcement of law and the implementation of tasks on defense in localities; decide on budget revenues and expenditures to ensure defense activities in localities; decide on undertakings and measures to bring into play local potentials for building the entire-people defense, building defensive areas, building up defense potentials to meet the requirements in peace and war time.

2. Based on the State President’s orders, to decide on guidelines and measures to shift local socio-economic activities of from peace time to war time.

3. To supervise the People’s Committees of the same level and state agencies in localities in the implementation of People’s Council resolutions and legal documents on defense.

4. To perform other tasks and exercise other powers regarding defense under the provisions of law.

Article 48.- Defense-related tasks and powers of the People’s Committees of all levels

1. Within the ambit of their respective tasks and powers, the People’s Committees of all levels shall perform the state management over defense in localities; promulgate legal documents falling under their competence for the performance of defense tasks under the provisions of law and resolutions of the People’s Councils of the same level on defense tasks in localities.

2. To direct and organize the building of defensive areas; build up local armed forces and defense potentials; to carry out defense education; recruit and enlist youths in the army, create employment conditions for demobilized
armymen.

3. To organize, build up and adopt policies towards the local army, the mobilization reserve force and the militia and self-defense force; to build, manage and protect defense works and military zones; to apply civil defense measures, adopt policies toward the army rear; to provide logistic and financial supports for people’s armed forces operating in the localities in the state of war or the state of defense emergency and other tasks stipulated by law.

4. To submit to the People’s Councils of the same level budget revenue and expenditure estimates to ensure defense activities in localities; to direct the implementation of People’s Council resolutions on budget revenues and expenditures to ensure defense activities in localities.

5. To abide by, and organize the execution of, orders and decisions of the State President, decisions and directives of the Prime Minister and the superior People’s Committees on defense.

6. To coordinate with the Vietnam Fatherland Front and mass organizations in performing their defense tasks and powers; to create conditions for such organizations to efficiently perform defense tasks in localities.

7. The presidents of People’s Committees at all levels shall bear responsibility for the performance of defense tasks and powers at their respective levels, urge and examine the subordinate People’s Committees in performing defense tasks in their localities according to the provisions of law.

Article 49.- Defense-related responsibilities of the Vietnam Fatherland Front and its member organizations

The Vietnam Fatherland Front and its member organizations shall, within the ambit of their respective tasks and powers, have the responsibilities to propagate to, and mobilize people to implement defense law; supervise the implementation of defense law by agencies, organizations and individuals.

Chapter IX

IMPLEMENTATION PROVISIONS

Article 50.- Implementation effect

This Law takes effect as from January 1, 2006.

Article 51.- Detailing and guiding the implementation

The Government shall detail and guide the XIth implementation of this Law.

This Law was passed on June 14, 2005, by the XIth National Assembly of the Socialist Republic of Vietnam at its 7th session.

Chairman of the National Assembly
NGUYEN VAN AN