Law on Militia and Self-Defense Forces, No. 43/2009/QH12

THE PRESIDENT

Order No. 20/2009/L-CTN of December 4, 2009, 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 57 of the Law on Promulgation of Legal Documents,

PROMULGATES:

The Law on Militia and Self-Defense Forces,

which was passed on  November 23, 2009, by the XIIth National Assembly of the Socialist Republic of Vietnam at its 6th session.

President of the Socialist Republic of Vietnam
NGUYEN MINH TRIET

Law on Militia and Self-Defense Forces

(No. 43/2009/QH12)

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;

The National Assembly promulgates the Law on Militia and Self-Defense Forces.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides for the obligation to join militia and self-defense forces; the organization, tasks and operations of militia and self-defense forces, regimes and policies for militia and self-defense forces and state management responsibilities for militia and self-defense forces.

Article 2. Subjects of application

1. Vietnamese citizen, agencies and organizations.

2. Foreign organizations and individuals residing and operating in the territory of the Socialist Republic of Vietnam related to the organization and operation of militia and self-defense forces.

Article 3. Position and functions of militia and self-defense forces

Militia and self-defense forces are mass armed forces not detached from production and work and constitute a part of the people’s armed forces of the Socialist Republic of Vietnam. They shall protect the Party, the administration, the lives and property of people and property of the State, act as core forces together with the entire people to fight enemies in their localities and workplaces when a war breaks out. These forces, if organized in communes, wards and townships (below referred collectively to as communes), are called militia; if organized in state agencies, political organizations, socio-political organizations, non-business units and economic organizations (below  referred collectively to as agencies and organizations), are called self-defense forces.

Article 4. Composition of militia and self-defense forces

1. Militia and self-defense forces include the core militia and self-defense force and mass militia and self-defense force.

2. The core militia and self-defense forces comprise:

a/ Mobile militia and self-defense force;

b/ On-site militia and self-defense force;

c/ Marine militia and self-defense force;

d/ Air defense, artillery, engineer, reconnaissance, communication, chemical warfare and medical militia and self-defense forces.

Article 5. Interpretation of terms

In this Law, the terms and phrases below are construed as follows:

1. Core militia and self-defense force means a force of citizens in the age group to perform the obligation to join militia and self-defense forces recruited to serve for a specified period in militia and self-defense units.

2. Mobile militia and self-defense force means a force within the core militia and self-defense force organized into mobile units ready to perform tasks in different geographical areas upon commands of competent authorities.

3. On-site militia and self-defense force means a force within the core militia and self-defense force organized and operating in hamlets, villages and street quarters (below collectively referred to as villages) and in agencies and organizations to perform tasks on site, ready to reinforce the mobile militia and self-defense force.

4. Marine militia and self-defense force means a force within the core militia and self-defense force organized in coastal communes, island communes and in agencies and organizations with vessels operating at sea to perform tasks on Vietnam’s sea areas.

5. Standing militia and self-defense force means the core militia and self-defense force standing ready for combat in key defense and security geographical areas.

6. Mass militia and self-defense force means the force consisting of citizens in the age group to perform the obligation to join militia and self-defense forces who have been registered and managed to be ready to expand the forces and be mobilized upon commands of competent authorities.

7. Expansion of militia and self-defense forces means a measure for increasing the payroll and organization of militia and self-defense forces to meet the requirements of defense and security tasks upon commands of competent authorities.

Article 6.  Principles on the organization and operation of militia and self-defense forces

1. Militia and self-defense forces are placed under the leadership of the Communist Party of Vietnam, the command of the President, the management and administration of the Government, directly under the leadership and direction of Party committees and local administrations at all levels; the uniform command of the Minister of National Defense and the direct command of commanders of local military agencies.

2. The organization and operation of militia and self-defense forces must abide by the Constitution and the laws; rely on the people and promote the aggregate strength of the entire people and the political system to perform their tasks.

3. The organization and payroll of militia and self-defense forces must be based on the requirements of defense and security tasks and linked with their geographical areas and tasks of their production units or workplaces; ensure convenience for direction, management and command work and conformity with the socio-economic conditions of each locality.

Article 7. Oversight of the implementation of the law on militia and self-defense forces

1. The National Assembly, National Assembly agencies, delegations of National Assembly deputies, National Assembly deputies, People’s Councils and People’s Council deputies shall, within the ambit of their respective tasks and powers, oversee the implementation of the law on militia and self-defense forces.

2. The Vietnam Fatherland Front and its member organizations shall conduct propaganda and mobilize people of all strata to participate in building militia and self-defense forces; and shall oversee operations of militia and self-defense forces.

Article 8. Tasks of militia and self-defense forces

1. To stand ready for combat, to combat and render combat services to defend their localities and workplaces; to collaborate with border guard, navy and marine police units and other forces in defending the national sovereignty and border security and the sovereignty and sovereign rights on Vietnam’s sea areas.

2. To collaborate with People’s Army and People’s Public Security units and other forces in localities in participating in building the all-people defense and defense zones; in maintaining political security as well as social order and safety, in protecting the Party, the administration, the lives and property of people and the property of the State;

3. To perform the tasks of preventing and fighting, and overcoming consequences of, natural disasters and epidemics, search and rescue, protecting forests and preventing and fighting forest fires and protecting the environment and other civil defense tasks;

4. To conduct propaganda and mobilize people to implement the Party’s line and policies and the State’s laws on defense and security; to participate in building up a comprehensively strong grassroots and in the construction and socio-economic development of localities and establishments.

5. To study politics and law and attend military training and exercises.

6. To perform other tasks as prescribed by law.

Article 9. Age group to perform the obligation to join militia and self-defense forces in peacetime

Vietnamese citizens aged between full 18 and full 45 for men and between full 18 and full 40 for women are obliged to join militia or self-defense forces; for volunteers, their maximum age may be 50 years for men and 45 years for women.

Article 10. Term of service in the core militia and self-defense force in peacetime

1. The term of service in the core militia and self-defense force is 4 years.

2. Based on the practical situation, the nature of tasks and work requirements, the term of service in the core militia and self-defense force may be prolonged for not more than 2 years for militiamen or for a longer period for self-defense members and commanders of militia and self-defense units until they reach the age limits specified in Article 9 of this Law.

3. Chairpersons of commune-level People’s Committees and heads of agencies or organizations shall decide to prolong the term of service in the core militia and self-defense force under Clause 2 of this Article.

Article 11. Criteria and selection for recruitment into the core militia and self-defense force

1. Vietnamese citizens who fully satisfy the following criteria may be recruited into the core militia and self-defense force:

a/ Having a clear personal record;

b/ Having properly observed the Party’s line and policies and the State’s laws;

c/ Being physically fit to serve in militia and self-defense forces.

2. Those who fully meet the criteria specified in Clause 1 of this Article and are capable of operating at sea may be recruited into the marine militia and self-defense force.

3. Recruitment into the core militia and self-defense force is provided as follows:

a/ Ensuring publicity, democracy and equality;

b/ Annually, the military commands of districts, towns or provincial cities (below collectively referred to as district level) shall direct and guide commune-level military commands, military commands of grassroots agencies and units or self-defense units in agencies or organizations without military commands in planning and carrying out the selection and recruitment of qualified citizens into the core militia and self-defense force in accordance with the situation of the geographical area, population and socio-economic conditions and the requirements of defense and security tasks in each locality or establishment;

c/ Chairpersons of commune-level People’s Committees or heads of agencies or organizations shall decide on the lists of core militiamen or self-defense members.

4. Reserve army men not yet enlisted into mobilization reserve units shall be arranged in militia or self-defense units.

5. The Minister of National Defense shall detail this Article.

Article 12. Postponement of, exemption from or termination ahead of time of the performance of the obligation to join the core militia and self-defense force in peacetime.

1. To postpone the performance of the obligation to join the core militia and self-defense force in the following cases:

a/ Women who are pregnant or nursing a under-36-month child;

b/ Being physically unfit as concluded by a commune- or higher-level health establishment;

c/ Having the spouse who is an officer, professional army man, non-commissioned officer or a soldier currently serving in the People’s Army or People’s Public Security Force;

d/ Being the sole breadwinner in a poor household;

e/ Persons who are learning at general school, professional secondary school, vocational intermediate school, college, vocational college, university or academy.

2. To exempt from performing the obligation to join the core militia and self-defense force in the following cases:

a/ Spouses or children of fallen heroes; spouses or children of class-1 war invalids or diseased soldiers; spouses or children of orange agent victims who have lost their working capacity;

b/ Reserve army men already arranged in mobilization reserve units;

c/ Caretakers of those who have lost 81% or more of their working capacity.

3. If volunteering, those specified at Points c and d, Clause 1, and Point a, Clause 2 of this Article, may be considered and recruited into the core militia and self-defense force.

4. Core militiamen and self-defense members may be allowed to stop their service ahead of time in the following cases:

a/ Because of health decline as concluded by a commune- or higher-level health establishment, they are unable to complete their service in the core militia and self-defense force;

b/ Because of unexpected difficult familial circumstances, they have no condition to complete their service in militia and self-defense forces.

5.  Chairpersons of commune-level People’s Committees or heads of agencies or organizations may decide on the postponement of, exemption from or termination ahead of time of the performance of the obligation to join the core militia and self-defense force.

Article 13. Registration and management of militia and self-defense forces

1. In April every year, chairpersons of commune-level People’s Committees or heads of agencies or organizations shall organize first-time registration for citizens in the eligible age group to join militia and self-defense forces.

2. Commune-level military commands and military commands of grassroots agencies and organizations shall make plans for the registration and management of the mass militia and self-defense force.

3. Before leaving their communes, core militiamen and self-defense members shall report to their direct commanders for management and mobilization when necessary.

4. When changing their places of residence or workplaces for 3 or more months, core militiamen and self-defense members shall report the change to the commune-level military commands of their places of residence or military commands of their grassroots agencies or organizations or the commanders of their self-defense units, in case there is no such military command; when arriving at their new places of residence or workplaces, they shall register themselves with the commune-level People’s Committees or their new agencies or organizations for performing the obligation to join militia and self-defense forces.

Article 14. Fulfillment of the obligatory service in the core militia and self-defense force in peacetime

1. Citizens who have fulfilled their obligatory service in the core militia and self-defense force shall be issued certificates of fulfillment of the obligatory service in the core militia and self-defense force by chairpersons of commune-level People’s Committees or heads of agencies or organizations.

2. Citizens who have fulfilled their obligatory service in the core militia and self-defense force but are still in the age group specified in Article 9 of this Law shall be transferred to the mass militia and self-defense force or registered themselves as reserve army men in accordance with law.

Article 15. Traditional day of militia and self-defense forces

1. March 28 every year is taken as the traditional day of militia and self-defense forces.

2. The Minister of National Defense shall guide the form and scope of organization of the celebration of the traditional day of militia and self-defense forces.

3. The People’s Committees at all levels and agencies and organizations shall direct and organize the celebration of the traditional day of militia and self-defense forces.

Article 16. Prohibited acts

1. To illegally organize, train and use militia and self-defense forces.

2. To dodge service in the core militia and self-defense force; to oppose and obstruct the organization, training and operation of militia and self-defense forces.

3. To impersonate as core militiaman and self-defense member.

4. To abuse the position and powers of militia and self-defense forces to infringe upon the interests of the State or lawful rights and interests of agencies, organizations or individuals.

5. To illegally produce, trade in, stockpile or use weapons, explosive materials, support instruments, technical equipment, uniforms, stars and caps and insignias of militia and self-defense forces.

6. Other illegal acts related to the organization and operation of militia and self-defense forces.

Chapter II

ORGANIZATION, PAYROLL, WEAPONS AND EQUIPMENT OF MILITIA AND SELF-DEFENSE FORCES

Article 17.  Organization of militia and self-defense forces

1. The organization of militia and self-defense units is as follows:

a/ Group;

b/ Squad;

c/ Platoon;

d/ Company, flotilla;

e/ Battalion, fleet.

2. The organization of grassroots military commands is as follows:

a/ Village militia unit;

b/ Commune-level military command;

c/ Military commands of grassroots agencies or organizations which have self-defense forces, the reserve mobilization force and human resources ready for enlistment as prescribed by law.

3. Military commands of ministries, ministerial-level agencies, government-attached agencies, central Party commissions, the National Assembly Office, the President Office, the State Audit Office of Vietnam, the Supreme People’s Procuracy, the Supreme People’s Court, central agencies of socio-political organizations, state economic groups and corporations established under decisions of the Prime Minister (below collectively referred to as military commands of ministries and central branches).

Article 18. Scope of organization of militia and self-defense forces

1. The scope of organization of militia and self-defense forces is provided as follows:

a/ On-site militia groups, squads or platoons shall be organized in villages;

b/ Mobile militia platoons shall be organized in communes, possibly with scout, communication, engineer, chemical warfare or medical groups or squads depending on task requirements. In key defense and security communes, standing militia squads shall be organized in their mobile militia platoons. In coastal and island communes, marine militia squads or platoons shall be organized;

c/ Agencies and organizations shall organize self-defense squads, platoons, companies or battalions. Those with vessels operating at sea shall organize marine self-defense squads, platoons, flotillas or fleets;

d/ On the basis of militia or self-defense units mentioned at Points a, b and c of this Clause and depending on their task requirements, mobile militia and self-defense companies, air defense and artillery militia and self-defense platoons and rotary standing militia and self-defense platoons may be organized in districts. Air defense and artillery militia and self-defense companies may be organized in provinces and centrally run cities (below collectively referred to as provincial level).

2. The Minister of National Defense shall stipulate the expansion of militia and self-defense forces.

Article 19. Organization of self-defense forces in enterprises

1. Based on the requirements of defense and security tasks, approved plans on the building of local militia and self-defense forces and the suitability of the workforce and production and business organization of enterprises with the organization and operation of militia and self-defense forces, competent authorities specified in Article 28 of this Law shall decide on the formation of self-defense units in enterprises.

2. For enterprises without self-defense forces, the owners or their lawful representatives shall make arrangement for their employees to perform the obligation to join militia and self-defense forces in localities where enterprises are based.

3. The Government shall detail this Article.

Article 20. Basic command posts of militia and self-defense forces

1. Commanders of militia or self-defense units include:

a/ Squad commander;

b/ Platoon commander;

c/ Company commander, company political commissar; flotilla commander and flotilla political commissar;

d/ Battalion commander, battalion political commissar; fleet commander and fleet political commissar.

2. Military commanders at the grassroots level include:

a/ Village militia leader;

b/ Commander and political commissar of a commune-level military command;

c/ Commander and political commissar of a military command of a grassroots agency or organization.

3. Commander, political commissar of a military command of a ministry or central branch.

Article 21. Commune-level military commands

1. A commune-level military command is composed of the commander who is a member of the commune-level People’s Committee; deputy commander, political commissar and deputy political commissar, who all work on a part-time basis. The number of deputy commanders of a commune-level military command shall be stipulated by the Government.

2. A commune-level military command has the following functions and tasks:

a/ To advise the commune-level Party committee and People’s Committee on leading, directing and administering the performance of defense and military tasks at the grassroots level; to register and manage citizens in the age group to perform the obligation to join militia and self-defense forces and male citizens in the age group to be ready for enlistment; to select citizens to join the army, and manage the mobilization reserve force in accordance with law;

b/ To make and implement plans on defense and military work at the grassroots level; plans on the organization of militia forces and their drill and operation; plans on the building of combat villages and commune; and plans on civil defense; and to participate in making other plans related to defense and security tasks at the grassroots level;

c/ To assume the prime responsibility for, and coordinate with local departments, branches and mass organizations in, organizing the performance of defense and military work under the leadership and direction of the Party Committee and People’s Committee of the same level, and according to directives, commands, plans and instructions of superior military agencies;

d/ To coordinate with local departments, branches and mass organizations in carrying out defense and security propaganda and education for the armed forces and people; to organize militia and mobilization reserve forces to participate in building up a comprehensively strong grassroots, and implement the military rear policy;

e/ To organize political and legal training and education for militiamen; to command militia forces in performing the tasks specified in Article 8 of this Law;

f/ To organize the registration, management, maintenance and use of weapons and equipment of militia units under its command in accordance with law;

g/ To organize the implementation of plans to ensure on-site logistics and technical services to meet the requirements of local defense and military tasks;

h/ To assist the commune-level People’s Committee in supervising and reviewing local defense and military work and the organization and operation of militia forces under its command.

Article 22. Military commands of grassroots agencies and organizations

1. A military command of a grassroots agency or organization is composed of the commander who is the head or a deputy head of the agency or organization; the political commissar, deputy commander and deputy political commissar, who all work on a part-time basis.

2. A military command of a grassroots agency or organization has the following functions and tasks:

a/ To advise the Party committee and the head of the agency or organization on leading and directing defense and military work in the agency or organization; to register and manage self-defense forces in the agency or organization; to recruit and manage the mobilization reserve force under the direction of the local military command; to perform the task of defense and security education for cadres, civil servants, public employees and laborers of the agency or organization; to implement the army rear policy;

b/ To make and implement plans on defense and military work in the agency or organization; plans on the organization of self-defense forces and their drill and operation; plans on the protection of the agency or organization; plans on civil defense and plans to ensure on-site logistics and technical services, and to participate in preparing other plans related to defense and security tasks at the grassroots level;

c/ To assist the head of the agency or organization in implementing defense mobilization plans with regard to manpower, technical facilities and other physical foundations under the State-assigned norms; to participate in building the defense zone and a comprehensively strong grassroots, and ready to meet the requirements of defense and military tasks in the locality where the agency or organization is based;

d/ To build and conduct political and legal training and education for self-defense forces; to command self-defense forces in performing the tasks specified in Article 8 of this Law;

e/ To organize the registration, management, maintenance and use of weapons and equipment of self-defense units under its command in accordance with law;

f/ To assist the head of the agency or organization in supervising and reviewing local defense and military work and the organization and operation of self-defense forces under its command.

Article 23. Military commands of ministries and central branches

1. The military command of a ministry or central branch is composed of the commander who is the head or a deputy head of the ministry or central agency; the political commissar, deputy commander and deputy political commissar, who all work on a part-time basis.

2. The military command of a ministry or central branch shall advise the Party organization, the Party Caucus committee, the Party committee and the head of the ministry or central branch on its defense work; shall coordinate with local Party committees and administrations in directing local defense and military work and militia and self-defense work.

3. The tasks, powers and mechanism for coordinating the operation of the military commands of ministries and central branches shall be stipulated by the Government.

Article 24. Village militia

1. Village militia shall give advice on and organize defense and military work in villages; and shall directly manage and command militiamen under their command.

2. They shall be led by Party committees and directly directed and commanded by commune-level military commands and shall coordinate with village chiefs, police officers and mass organizations in performing defense and security tasks in their villages.

Article 25. Uniforms, stars and caps, insignias and certificates of the core militia and self-defense force

Core militia and self-defense officers and soldiers shall be distributed uniforms, stars and caps, insignias and certificates of core militiaman or self-defense member under the Government’s regulations.

Article 26. Working offices and equipment of commune-level military commands

1. Commune-level military commands have own working offices.

2. The Government shall stipulate criteria and norms of equipment in working offices of commune-level military commands.

Article 27. Seals of military commands

1. Commune-level military commands, military commands of grassroots agencies and organizations and military commands of ministries and central branches may use their own seals.

2. The Government shall stipulate seal models, the carving of seals and the management and use of seals provided in Clause 1 of this Article.

Article 28. Establishment and disbandment of military commands of ministries, central branches, and organization of grassroots military commands and militia and self-defense units

1. Competence to establish military commands of ministries, central branches and organize grassroots military commands and militia and self-defense units is provided as follows:

a/ The Minister of National Defense may decide to establish military commands of ministries and central branches;

b/ The Chief of the General Staff of the Vietnam People’s Army may decide to establish air-defense and artillery militia and self-defense companies;

c/ The commanders of military zones, the Navy and the Hanoi Capital High Command may decide to establish self-defense battalions, self-defense fleets and flotillas and engineer militia and self-defense companies;

d/ The commander of the Hanoi Capital High Command and the commanders of provincial-level military headquarters may decide to establish commune-level military commands, military commands of grassroots agencies and units; militia and self-defense companies, air-defense, engineer and artillery militia and self-defense platoons, marine militia and self-defense platoons and standing militia and self-defense units;

e/ The commanders of district-level military commands may decide to establish village militia, mobile militia and self-defense platoons, on-site militia and self-defense platoons, artillery militia and self-defense squads, reconnaissance, communication, engineer, chemical warfare, medical and marine militia and self-defense squads, and self-defense squads;

f/ The commanders of commune-level military commands may decide to establish on-site militia groups and squads after reporting such to district-level military commands and commune-level People’s Committees.

2.  The levels competent to establish are also competent to disband military commands of ministries and central branches, grassroots military commands and militia and self-defense units.

Article 29. Competence to appoint officers of military commands of ministries, central branches, grassroots military commands and militia and self-defense units

1. The Minister of National Defense may decide to appoint officers of military commands of ministries and central branches at the proposal of the Chief of the General Staff of the Vietnam People’s Army after reaching agreement with the heads of ministries or central branches.

2. The commanders of military zones, the Navy and the Hanoi Capital High Command may decide to appoint officers at the battalion or fleet level at the proposal of the commanders of provincial-level military headquarters, the Chief of Staff of the Navy or the Chief of Staff of the Hanoi Capital High Command.

3. The commander of the Hanoi Capital High Command and the commanders of provincial-level military headquarters may decide to appoint officers of military commands of grassroots agencies and organizations and officers of company or flotilla level at the proposal of the chief commanders of district-level military commands.

4. Chairpersons of district-level People’s Committees may decide to appoint officers of commune-level military commands at the proposal of chairpersons of commune-level People’s Committees after reaching agreement with the commanders of district-level military commands.

5. Commanders of district-level military commands may decide to appoint officers of village militia and militia and self-defense platoons and squads at the proposal of the commanders of commune-level military commands, the commanders of the military commands of grassroots agencies or organizations or the heads of agencies or organizations without military commands.

6. The Minister of National Defense shall stipulate the command by People’s Army officers of core militia and self-defense units in cases of necessity.

Article 30. Relief from duty officers of military commands of ministries and central branches, grassroots military commands and militia and self-defense units

1. Officers of military commands of ministries and central branches, grassroots military commands and militia and self-defense units may be relieved from duty in the following cases:

a/ They are seconded to other working posts;

b/ Their current posts no longer exist because of organizational change;

c/ They no longer fully satisfy the criteria and conditions for performing their current posts.

2. The levels competent to decide to appoint officers are also competent to relieve them from duty.

Article 31. Weapons, support instruments and technical equipment of militia and self-defense forces

1. Militia and self-defense forces shall be equipped with weapons, support instruments and technical equipment.

2. The equipment and registration, management and use of weapons, support instruments and technical equipment of militia and self-defense forces comply with law.

Chapter III

TRAINING AND REFRESHER TRAINING OF OFFICERS AND TRAINING OF THE CORE MILITIA AND SELF-DEFENSE FORCE

Article 32. Training of military officers of commune-level military commands

1. Commanders and deputy commanders of commune-level military commands shall be trained to obtain intermediate or higher professional military degrees. Intermediate professional military training shall be conducted at provincial-level military schools while higher training shall be conducted at schools of military zones and schools and academies of the Ministry of National Defense.

2. The Minister of National Defense shall stipulate criteria, trainees, training programs, contents and terms and promulgate training regulations.

Article 33. Refresher training of militia and self-defense officers

1. Concentrated training in politics, military affairs, law and professional skills shall be provided for the following:

a/ Officers of military commands of ministries and central branches and of grassroots agencies and organizations;

b/ Local full-time officials in charge of defense and military work;

c/ Commanders and deputy commanders of commune-level military commands who have not yet attended intermediate professional training in basic military affairs.

2. Annual training shall be provided for:

a/ Officers of military commands of grassroots agencies and organizations;

b/ Full-time and part-time officials of agencies and organizations in charge of local defense and military work;

c/ Officers of commune-level military commands;

d/ Village militia leaders;

e/ Officers of militia and self-defense battalions, fleets, companies, flotillas, platoons and squads.

3. The Minister of National Defense shall stipulate refresher training programs, contents and terms and training institutions for militia and self-defense officers.

Article 34. Training of militia and self-defense forces

1. Annually, the core militia and self-defense force shall be trained in military operations, politics and law under basic programs for each category of trainees suitable to their tasks and geographical areas of operation.

2. Annual training terms are provided as follows:

a/ 15 days for first-year militiamen and self-defense members;

b/ 12 days for mobile, marine, air-defense, artillery, engineer, reconnaissance, communication, chemical warfare and medical militiamen and self-defense members;

c/ 7 days for on-site militiamen and self-defense members;

d/ 60 days for standing militiamen.

3. The Minister of National Defense shall stipulate training programs and contents and list of materials to ensure training of militiamen and self-defense members.

Article 35. Training and refresher training of militia and self-defense officers and training of militiamen and self-defense members in a state of defense emergency and a state of war

The Minister of National Defense shall stipulate training and refresher training programs and contents for militia and self-defense officers and training of militiamen and self-defense members in a state of defense emergency and a state of war.

Article 36. Military exercises, contests and maneuvers

The Minister of National Defense shall stipulate the organization of military exercises, contests and maneuvers annually or periodically.

Chapter IV

OPERATIONS OF THE CORE MILITIA AND SELF-DEFENSE FORCE

Article 37. Making and approval of operation plans

1. Commune-level military commands and military commands of grassroots agencies and organizations shall assume the prime responsibility for, and coordinate with concerned agencies in, making, adjusting and supplementing operation plans of militia and self-defense forces under their command according to the direction of chairpersons of People’s Committees of the same level or heads of agencies or organizations, and shall submit them to the commanders of immediate superior military commands for approval.

2. The Minister of National Defense shall stipulate the contents of and procedures for making and approving operation plans of militia and self-defense forces.

Article 38. Combat-ready operations

1. Militia and self-defense units shall maintain operation in ready-combat states.

2. Chairpersons of commune-level People’s Committees and heads of agencies and organizations shall direct and ensure combat-ready operations of militia and self-defense forces under their management.

3. The Minister of National Defense shall stipulate tasks, contents and regimes of operation of militia and self-defense forces in combat-ready states and of military headquarters at all levels regarding militia and self-defense work.

Article 39. Combat operations of militia and self-defense forces

1. Contents of combat operations of militia and self-defense forces include:

a/ Acting as the core in building combat villages and communes and performing civil defense tasks as prescribed by law;

b/ Coordinating with regular and local troops and other forces in fighting fire-power enemy attacks;

c/ Protecting the sheltering and evacuation of agencies, organizations and people; collaborating with the People’s Public Security and other forces in protecting security and order in rear bases, people’s evacuation areas and economic and social facilities during wartime;

d/ Being engaged in independent or concerted combat and serving combat in defense zones under the command of commanders of immediate superior military offices;

e/ Participating in building and consolidating political bases in wartime and acting as the core in political struggles together with the people.

2. Chairpersons of People’s Committees at all levels and heads of agencies and organizations shall direct the assurance of combat operations of militia and self-defense forces under their management in defense zones.

Article 40. Protection of national borders, sea and islands

1. Militia and self-defense forces shall coordinate with the border guard, navy, marine police, People’s Public Security and other forces in grasping the security and order situation and stand ready to protect the national sovereignty and border security and the national sovereignty and sovereign rights over Vietnam’s sea areas.

2. The Government shall stipulate the coordination between militia and self-defense forces and other forces in protecting the national borders, sea and islands.

Article 41. Protection of political security and social order and safety

1. Militia and self-defense forces shall coordinate with the People’s Public Security and other forces in grasping the situation, patrolling, guarding and defending targets, protecting production, political security and social order and safety at the grassroots level.

2. The Government shall stipulate the coordination between militia and self-defense forces and other forces in protecting political security and social order and safety at the grassroots level.

Article 42. Mass mobilization and participation in grassroots building

1. Militia and self-defense forces must be exemplary in observing and responsible for participating in mobilizing people to observe the Party’s line and policies and the State’s laws.

2. Militia and self-defense units shall coordinate with other forces in participating in local movements and campaigns to build comprehensively strong grassroots.

Article 43. Prevention and control and remedy of consequences of natural disasters, epidemics, search and rescue, and protection of forests and prevention and fighting of forest fires, and environmental protection

1. Militia and self-defense forces are on-site core forces in preventing and controlling, and remedying consequences of, natural disasters, search and rescue at the grassroots level under plans of the People’s Committees at all levels. They shall coordinate with other forces in localities in protecting forests, preventing and fighting forest fires, protecting the environment and preventing and controlling epidemics.

2. The Government shall stipulate the coordination between militia and self-defense forces and forest protection and other forces in the protection of forests and prevention and fighting of forest fires.

Article 44. Competence to deploy militia and self-defense forces

1. In case it is not so serious enough to proclaim a state of war, a state of defense emergency or a state of emergency but it is necessary to deploy militia and self-defense forces, the deployment competence is provided as follows:

a/ The Minister of National Defense or the Chief of the General Staff of the Vietnam People’s Army may deploy militia and self-defense forces nationwide;

b/ Commanders of military zones may deploy militia and self-defense forces within military zones after reaching agreement with chairpersons of provincial-level People’s Committees of localities in which militia and self-defense forces are deployed;

c/ The Commander of the Navy may deploy the marine militia and self-defense force after reaching agreement with commanders of military zones, chairpersons of provincial-level People’s Committees and heads of agencies and organizations in which the marine militia and self-defense force is deployed;

d/ The Commander of the Hanoi Capital High Command may deploy militia and self-defense forces after reaching agreement with the chairperson of the Hanoi Municipal People’s Committee and the Chief of the General Staff of the Vietnam People’s Army;

e/ Commanders of provincial-level military headquarters may deploy militia and self-defense forces within provinces after reaching agreement with chairpersons of provincial-level People’s Committees and commanders of military zones;

f/ Commanders of district-level military commands may deploy militia and self-defense forces within districts after reaching agreement with chairpersons of district-level People’s Committees and commanders of provincial-level military headquarters;

g/ Commanders of commune-level military commands and commanders of military commands of grassroots agencies and organizations may deploy militia and self-defense forces under their command to perform tasks within their communes after reaching agreement with chairpersons of commune-level People’s Committees and heads of agencies and organizations and commanders of district-level military headquarters.

2. In a state of war, a state of defense emergency or a state of emergency, the deployment and use of militia and self-defense forces must comply with law.

3. Chairpersons of People’s Committees and heads of agencies and organizations in which militia and self-defense forces are deployed shall strictly observe deployment decisions of competent authorities.

Chapter V

REGIMES AND POLICIES FOR MILITIA AND SELF-DEFENSE FORCES

Article 45. The regime of management and command responsibility allowance

1. Officers of commune-level military commands, military commands of ministries and central branches and military commands of grassroots agencies and organizations and village militia and commanders of militia and self-defense units from squads to higher levels are entitled to a unit management and command responsibility allowance.

2. The Government shall stipulate the levels of responsibility allowance for managing and commanding militia and self-defense units.

Article 46. The salary and allowance regime for officers of commune-level military commands and village militia leaders

1. The salary regime for commanders of commune-level military commands complies with the law on cadres and civil servants.

2. Deputy commanders of commune-level military commands are entitled to a monthly allowance, and pay and enjoy social insurance and health insurance in accordance with law. Those who have worked for 60 or more consecutive months, if giving up their work for plausible reasons but ineligible for retirement pension, are entitled to a lump-sum allowance.

3. Officers of commune-level military commands who have worked for 60 or more consecutive months are entitled to a seniority allowance.

4. Village militia leaders are entitled to a monthly allowance.

5. The Government shall detail this Article.

Article 47. Regimes and policies for militia and self-defense forces

1. Militia and self-defense forces are entitled to regimes and policies in the following cases:

a/ When mobilized to perform the tasks specified in Article 8 of this Law;

b/ When implementing deployment decisions of competent authorities mentioned in Article 44 of this Law.

2. Regimes and policies for militia forces, except marine and standing militia, are provided as follows:

a/ Workday allowances prescribed by provincial-level People’s Committees which are not lower than 0.08 of the common minimum wage; if performing their tasks from 22 hrs to 6 hrs or in places with dangerous or hazardous elements, they are entitled to the regime prescribed in the Labor Code;

b/ When performing their tasks at places far from their places of residence and unable to travel to and from there every day, they shall be provided with free lodgings, transport or travel expense supports or payment for a return ticket and food expense supports at the levels proposed by provincial-level People’s Committees and decided by the People’s Councils of the same level.

3. Self-defense forces, except the marine self-defense force, are entitled to full salaries, welfare benefits, travel allowances and fares under current regulations.

4. Authorities deciding to deploy militia and self-defense forces for performing tasks shall ensure regimes and policies for them under this Article.

5. Core militiamen who have completed their service in the militia, if continuing their service terms as permitted, are entitled to regimes according to common regulations and, when mobilized to perform tasks, are also entitled to increased workday allowances. The level of increased allowances shall be proposed by provincial-level People’s Committees and decided by the People’s Councils of the same level but must not be lower than 0.04 of the common minimum wage.

Article 48. Regimes and policies for the marine militia and self-defense force

1. When attending training or performing the tasks of protecting security and order and search and rescue at sea, the marine militia and self-defense force is entitled to the following regimes and policies:

a/ Militiamen are entitled to workday allowances, which are not lower than 0.12 of the common minimum wage; and to food expense supports like navy soldiers onboard class-1 ships mooring in their bases;

b/ Self-defense members are entitled to full salaries, welfare benefits, travel allowance and travel fares under current regulations.

2. When performing their tasks of protecting the sovereignty and sovereign rights in Vietnam’s sea areas and islands, the marine militia and self-defense force is entitled to regimes and policies prescribed by the Government.

Article 49. Regimes and policies for standing militia

1. Standing militia is entitled to workday allowances which are not lower than 0.08 of the common minimum wage, and to free meals and lodgings.

2. Core militiamen who have completed their service, with at least 12 months of working as standing militiamen, are exempt from performing the military service and entitled to the following supports:

a/ One month’s common minimum wage, for those who have worked for between full 12 months and under 18 months;

b/ Two months’ common minimum wage, for those who have worked for between full 18 months and under 24 months;

c/ Three months’ common minimum wage, for those who have worked for 24 or more months.

Article 50. Postponement of performance of labor contracts during the time of service as core self-defense members

1. Self-defense officers and soldiers currently working under labor contracts in agencies or organizations are entitled to postponement of performance of their labor contracts when they are deployed to perform tasks under Article 8 of this Law.

2. Postponement of performance of labor contracts is effected in accordance with the labor law.

Article 51. Regimes and policies for militiamen and self-defense members who are sick, have accidents, are dead or injured or sacrifice their lives on duty

1. Militia and self-defense officers and soldiers who are sick, have accidents or are injured when performing the tasks defined in Article 8 of this Law, if not covered by health insurance, are entitled to payment of medical examination and treatment expenses. For those performing the tasks defined in Clauses 4, 5 and 6, Article 8 of this Law, if having accidents and losing part of their working capacity as concluded by a medical assessment council, they are entitled to allowances depending on the extent of loss of their working capacity; if they are dead, their relatives are entitled to survivorship and funeral allowances.

2. If militia and self-defense officers and soldiers are injured while performing the tasks defined in Clauses 1, 2 and 3, Article 8 of this Law, and implementing deployment decisions of competent authorities specified in Article 44 of this Law, they shall be considered and allowed to enjoy policies like war invalids; if they sacrifice their lives, they shall be considered and recognized as fallen heroes in accordance with law.

3. The Government shall stipulate conditions, procedures, dossiers, funds and agencies responsible for assuring regimes and policies for militia and self-defense officers and soldiers under this Article.

Chapter VI

ASSURANCE OF FUNDS

Article 52. Funding sources

1. Funds for the organization, training and operation and for implementing regimes and policies for militia and self-defense forces shall be assured by the state budget and annually arranged in accordance with the law on the state budget.

2. Funds shall be assured by enterprises for their laborers serving in militia and self-defense forces defined in Clauses 1 and 2, Article 19 of this Law. These funds shall be accounted as expenses deductible upon determination of enterprises’ taxable incomes.

2. Other lawful revenue sources.

4. The Government shall detail this Article.

Article 53. Spending tasks of the Ministry of National Defense

1. Providing workday allowances, food expenses and funds for operations of militia and self-defense forces mobilized and deployed to perform tasks according to the competence of the Minister of National Defense, the Chief of the General Staff of the Vietnam People’s Army and commanders of military zones or arms.

2. Assuring the organization of refresher training in defense and military knowledge, training, military contests, maneuvers and exercises and annual operations of militia and self-defense forces organized by the Ministry of National Defense, the General Staff, military zones and arms.

3. Assuring weapons, technical equipment and other equipment according to the basic payroll for militia and self-defense forces; procuring support instruments for militia and self-defense forces when necessary.

4. Producing model training tools, training materials, stars and caps and insignias of militia and self-defense forces, commemorative medals and exclusive equipment for training classrooms on local military affairs in provincial-level military schools, model uniforms; and printing registers, certificates and registration and statistics forms.

5. Developing and printing programs, syllabuses and materials for training, specialized information and scientific research on local defense and military affairs; training officers of commune-level military commands at schools of military zones and schools and academies of the Ministry of National Defense.

6. Building pilot models of militia and self-defense forces and combat villages; building comprehensively strong defense and military grassroots; and military exercises at the commune level organized by the Ministry of National Defense, the General Staff and military zones and arms.

7. Assuring communication and propaganda activities and activities on the traditional day of militia and self-defense forces organized by the Ministry of National Defense, the General Staff and military zones and arms.

8. Expenses for militia and self-defense forces engaged in managing and protecting defense works and military areas in localities.

9. Organizing examination and inspection, settlement of complaints and denunciations, conducting preliminary and final reviews, commendation, and handling of violations under the competence of the Ministry of National Defense, military zones and arms regarding militia and self-defense work.

10. Other expenses for militia and self-defense forces as prescribed by law.

Article 53. Spending tasks of localities

1. Spending tasks of localities include:

a/ Assuring funds for the registration, management, organization, training and operation of militia and self-defense forces under their management, and disseminating the law on militia and self-defense forces;

b/ Assuring allowances for officers of commune-level military commands, military commands of grassroots agencies and organizations, village militia leaders and commanders of militia and self-defense units under their management;

c/ Holding meetings and training and refresher training courses on defense and security skills and knowledge for militia and self-defense officers;

d/ Training officers of commune-level military commands;

e/ Providing workday allowances, food expenses and expenses for operations of the militia and self-defense force mobilized and deployed to perform tasks under the competence of commanders of provincial-level military headquarters, district-level military commands and commune-level military commands;

f/ Assuring the operation of standing militia units and regimes for standing militia officers and soldiers;

g/ Procuring uniforms for core militia officers and soldiers as prescribed by law;

h/ Assuring regimes and policies for militia and self-defense forces under Article 51 of this Law;

i/ Assuring preferential policies for militia and self-defense forces performing tasks in extremely difficult areas as prescribed by law;

j/ Assuring physical foundations for refresher training in defense and military knowledge, military training, contests, maneuvers and exercises, information and propaganda activities, and activities on the traditional day of militia and self-defense forces organized by localities;

k/ Transporting, repairing, preserving equipment, weapons and producing weapons, procuring support tools and essential equipment for militia and self-defense forces to meet the requirements of local tasks;

l/ Building and repairing military warehouses and combat works; lodgings of the standing militia; and working offices of commune-level military commands;

m/ Organizing examination and inspection, settlement of complaints and denunciations, preliminary and final reviews, commendation, and handling of violations under their competence regarding militia and self-defense work;

n/ Other expenses for militia and self-defense forces as prescribed by law.

2. Provincial-level People’s Councils shall decide to decentralize specific spending tasks to each local budget level.

Article 55. Spending tasks of agencies and organizations

1. Spending tasks of agencies and organizations include:

a/ Registering, managing, organizing, training, and operations of, self-defense forces under their management; disseminating the law on militia and self-defense forces;

b/ Holding meetings and training and refresher training courses on defense and military skills and knowledge for self-defense officers;

c/ Assuring salaries, welfare benefits and travel allowances and fares according to current regulations for self-defense members mobilized and deployed to perform tasks under their management or for laborers in enterprises in which no self-defense force has been organized, to serve in local militia and self-defense forces;

d/ Procuring uniforms for core self-defense officers and soldiers;

e/ Assuring physical foundations for refresher training in defense and military knowledge, military training, contests, maneuvers and exercises, information and propaganda activities, and activities on the traditional day of militia and self-defense forces organized by agencies and organizations;

f/ Procuring, repairing and preserving support instruments for self-defense forces to meet task requirements;

g/ Implementing plans on operations of self-defense forces in defense zones and performing civil defense tasks;

h/ Examining, conducting preliminary and final reviews, and commending agencies, units and individuals that make achievements in building self-defense forces;

i/ Other expenses for militia and self-defense forces as prescribed by law.

2. Ministries and central branches shall assure responsibility allowances and operations for military commands of ministries and central branches as prescribed by law.

Article 56. Estimation, observance and finalization of budgets

Annually, the Ministry of National Defense, the High Commands of military zones, the High Commands of military arms, the Hanoi Capital High Command, provincial-level military headquarters, district-level and commune-level military commands and military commands of ministries and central branches, military commands of grassroots agencies and organizations shall estimate, observe and finalize budgets for organizing training and operations, and assuring regimes and policies for militia and self-defense forces under their management in accordance with law.

Chapter VII

STATE MANAGEMENT OF MILITIA AND SELF-DEFENSE FORCES

Article 57. State management of militia and self-defense forces

1. The Government shall perform the uniform state management of militia and self-defense forces nationwide.

2. The Ministry of National Defense shall take responsibility before the Government for performing the state management of militia and self-defense forces.

3. People’s Committees at all levels shall, within the scope of their tasks and powers, perform the state management of militia and self-defense forces in localities.

Article 58. Responsibilities of the Ministry of National Defense, military agencies at all levels and commune-level military commands

1. The Ministry of National Defense shall:

a/ Submit to the Government for promulgation and promulgate according to its competence legal documents on militia and self-defense forces;

b/ Propagate, disseminate, educate in, and organize the implementation of, the law on militia and self-defense forces;

c/ Assume the prime responsibility for, and coordinate with concerned ministries and branches in, elaborating strategies, master plans, plans, policies and schemes on the organization, building, training, refresher training, operation, management and military scientific research of militia and self-defense forces;

d/ Decide on key defense and security communes under the Government’s regulations;

e/ Organize and guide the inspection, supervision, preliminary and final reviews and implement emulation and commendation work; settle complaints and denunciations and handle violations of the law on militia and self-defense forces;

f/ Implement international cooperation on militia and self-defense work.

2. The General Staff shall assume the prime responsibility for, and coordinate with agencies and units under the Ministry of National Defense in, advising and assisting the Minister of National Defense in performing the state management of militia and self-defense forces.

3. The High Commands of military zones shall assist the Ministry of National Defense in performing the state management of militia and self-defense forces within their respective military zones, and shall guide provincial-level People’s Committees in reaching agreement on contents and measures for performing militia and self-defense work.

4. The Hanoi Capital High Command, provincial-level military headquarters and district-level and commune-level military commands shall assume the prime responsibility for, and coordinate with concerned agencies in, assisting People’s Committees of the same levels in performing the state management of militia and self-defense forces in localities.

Article 59. Responsibilities of ministries and branches

1. The Ministry of Public Security shall assume the prime responsibility for, and coordinate with the Ministry of National Defense in, directing and guiding the coordination of the protection of national security and preservation of social order and safety between the People’s Public Security and militia and self-defense forces in localities and establishments.

2. The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with the Ministry of Finance and the Ministry of National Defense in, arranging budget funds for capital construction under this Law and the Law on the State Budget.

3. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment, the Ministry of National Defense and the Ministry of Labor, War Invalids and Social Affairs in, guiding the estimation, observance and finalization of state budget funds for the organization, training and operation of and regimes and policies for militia and self-defense forces under the Law on the State Budget.

4. The Ministry of Home Affairs shall assume the prime responsibility for, and coordinate with the Ministry of National Defense in, directing and guiding localities, ministries, branches, organizations and organizations in, implementing the planning, training and refresher training of officers of commune-level military commands; to implement regimes and policies for officers of commune-level military commands, military commands of ministries and central branches and military commands of grassroots agencies and organizations.

5. The Ministry of Labor, War Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with the Ministry of National Defense in, guiding localities, ministries, branches, agencies and organizations in implementing regimes and policies for militia and self-defense forces in accordance with law.

6. The Ministry of Education and Training shall assume the prime responsibility for, and coordinate with the Ministry of National Defense in, promulgating framework programs on basic military training at professional intermediate, collegial and university levels; and coordinate in elaborating master plans, plans and schemes on training and refresher training of militia and self-defense officers in accordance with the Education Law and other relevant laws.

7. Ministries, branches and agencies and organizations at the central level shall, within the scope of their respective tasks and powers, coordinate with the Ministry of National Defense in:

a/ Promulgating or submitting to competent authorities for promulgation legal documents for performing the task of building militia and self-defense forces in accordance with law;

b/ Directing and organizing the implementation of the State’s master plans and plans on militia and self-defense work in peacetime and wartime according to their respective assigned tasks;

c/ Combining the building and training of militia and self-defense forces with the performance of political tasks in their respective master plans and plans.

Article 60. Responsibilities of People’s Committees at all levels

1. To submit to the People’s Councils of the same level for approval and decision master plans, plans and schemes on the organization and operation of and regimes and policies for militia and self-defense forces and assure budget revenue and expenditure estimates for militia and self-defense forces.

2. To direct and organize the implementation of legal documents on militia and self-defense forces in localities; to promulgate documents directing the building of militia and self-defense forces according to their competence.

3. To direct the organization, training and operation of militia and self-defense forces, implement measures for mobilizing and using militia and self-defense forces to perform tasks; to direct the management and inspection of the transport and use of weapons and explosive materials of militia and self-defense forces; to ensure logistics and finance for the implementation of regimes and policies for militia and self-defense forces in accordance with law.

4. To organize the implementation of competent authorities’ decisions on expanding militia and self-defense forces; to collaborate with the defense inspectorate in inspecting the implementation of the law on militia and self-defense forces; to examine and settle complaints and denunciations, and handle violations of the law on militia and self-defense forces.

5. To conduct preliminary and final reviews and perform emulation and commendation of militia and self-defense work.

Article 61. Responsibilities of heads of agencies and organizations

1. To organize the implementation of the direction of competent authorities in accordance with the law on militia and self-defense forces.

2. To direct the elaboration and implementation of plans on the organization, training and operation of core self-defense units under their management according to the direction and guidance of local military agencies.

3. To assure funds, physical foundations and equipment for the organization, training and operation of their core self-defense units.

4. To organize the implementation of competent authorities’ decisions on expanding militia and self-defense forces; to collaborate with the defense inspectorate in inspecting the implementation of the law on militia and self-defense forces; to examine, review and  emulate and command militia and self-defense work of their agencies or organizations.

5. To collaborate with Party committees and local administrations in organizing, training and operating, and assuring regimes and policies for, militia and self-defense forces.

Chapter VIII

COMMENDATION, AND HANDLING OF VIOLATIONS

Article 62. Commendation

1. Militia and self-defense officers, soldiers and units that make outstanding achievements in performing their tasks; agencies, organizations and individuals that make outstanding achievements in the organization and operation of militia and self-defense forces shall be commended under the law on emulation and commendation.

2. Military agencies at all levels, commune-level military commands, military commands of grassroots agencies and organizations and military commands of ministries and central branches shall assume the prime responsibility for, and coordinate with emulation and commendation agencies of the same level in, performing emulation and commendation work in militia and self-defense forces under the leadership and direction of Party committees, local administrations or heads of agencies and organizations and under the direction and management of superior military agencies.

3. To organize “Determined to win” emulation campaigns in militia and self-defense forces in association with emulation campaigns of localities, agencies and organizations.

4. The Minister of National Defense shall assume the prime responsibility for, and coordinate with the Minister of Home Affairs in, guiding emulation and commendation work in militia and self-defense forces in accordance with law.

Article 63. Handling of violations

1. Agencies, organizations and individuals that commit acts of opposing or obstructing the organization and operation of militia and self-defense forces or violating other provisions of the law on militia and self-defense forces shall, depending on the nature and seriousness of violations, be disciplined, administratively sanctioned or examined for penal liability.

2. Militia and self-defense officers and soldiers on duty who breach discipline or commit illegal acts shall, depending on the nature and seriousness of violations, be disciplined, administratively sanctioned or examined for penal liability; if causing damage, they shall pay compensation under law.

3. Core militiamen and self-defense members against whom criminal cases are instituted or who are seized or detained shall not be temporarily allowed to perform their service in militia and self-defense forces; if sentenced to prison, they shall be automatically deprived of the title of core militiaman or self-defense member on the date the court judgment concerned takes effect.

Article 64. Forms of disciplining

1. Militia and self-defense soldiers on duty who violate this Law or other relevant laws shall be subjected to one of the following disciplinary forms:

a/ Reprimand;

b/ Caution;

c/ Deprivation of the title of core militiaman or self-defense member.

2. Militia and self-defense officers on duty who violate this Law or other relevant laws shall be subjected to one of the following disciplinary forms:

a/ Reprimand;

b/ Caution;

c/ Demotion;

d/ Dismissal.

3. Militia and self-defense organizations on duty which violate this Law or other relevant laws shall be subjected to one of the following disciplinary forms:

a/ Reprimand;

b/ Caution;

c/ Termination of operation.

4. The Minister of National Defense shall stipulate the application of disciplinary forms and time limits, order and competence for disciplining militia and self-defense officers, soldiers and organizations committing violations while on duty.

Chapter IX

IMPLEMENTATION PROVISIONS

Article 65. Effect

1. This Law takes effect on July 1, 2010.

2. Ordinance No. 19/2004/PL-UBTVQH11 on Militia and Self-Defense Forces ceases to be effective on the effective date of this Law.

Article 66. Implementation detailing and guidance

The Government shall detail and guide the implementation of articles and clauses assigned to it in the Law; and guide other necessary contents of this Law to meet state management requirements.

This Law was passed on November 23, 2009, of the XIIth  National Assembly of the Socialist Republic of Vietnam at its 6th session.-

Chairman of the National Assembly
NGUYEN PHU TRONG