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

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.

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