Law on Militia and Self-Defense Forces, Law No. 48/2019/QH14

LAW ON MILITIA AND SELF-DEFENSE FORCES

Pursuant to the Constitution of the Socialist Republic of Vietnam;

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

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law prescribes the obligation to join militia and self-defense forces; the position, functions, tasks, principles, organization and operation of, and regimes and policies and responsibilities of agencies, organizations and individuals for, militia and self-defense forces.

Article 2. Interpretation of terms

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

1. Militia and self-defense forces constitute an armed force of the people which is not separated from production or work. This force is referred to as militia if organized in localities, or as self-defense force if organized in state agencies, political organizations, socio-political organizations, non-business units or economic organizations (below collectively referred to as agencies and organizations).

2. On-the-spot militia or self-defense force means a force operating in villages and street quarters (below collectively referred to as villages) and in agencies and organizations.

3. Mobile militia or self-defense force means a mobile force operating in different geographical areas under decisions of competent authorities.

4. Permanent militia force means a permanent force operating in geographical areas critical to national defense.

5. Marine militia or sell-defense force means a force operating on Vietnam’s islands and seas.

6. Expansion of militia and self-defense forces means a measure to supplement to militia and self-defense units citizens of eligible age who have never performed the military service obligation or the obligation to join militia and self-defense forces, citizens who have fulfilled the obligation to join militia and self-defense forces, and reserve army men who have not been enlisted into any reserve mobilization units for militia and self-defense units.

7. Military command of an agency or organization means a body established in an agency or organization to perform defense work.

Military commands of agencies or organizations do not include military commands of ministries and central sectors established in accordance with the Law on National Defense.

8. Militia and self-defense work means activities of leading, directing, commanding, managing and administering the organization of the building, training, drilling and operation of, and assurance for, militia and self-defense forces.

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

Militia and self-defense forces constitute part of the people’s armed forces. They shall protect the Party, the administration, lives and property of the people and property of agencies and organizations in localities, and act as the core together with the entire people to fight enemies in their localities and workplaces when a war breaks out.

Article 4. Principles of organization and operation of militia and self-defense forces

1. Militia and self-defense forces shall be placed under the leadership of the Communist Party of Vietnam, the supreme command of the President, the unified management of the Government, and directly under the leadership and direction of Party committees and administrations in localities and heads of agencies and organizations; under the highest command of the Minister of National Defense and the command of the Chief of the General Staff of the Vietnam People’s Army, and commanders of army units.

2. Complying with the Constitution, laws and treaties to which the Socialist Republic of Vietnam is a contracting party; relying on the people, promoting the combined strength of the entire nation and the political system to perform tasks.

3. Building strong and broad militia and self-defense forces; the organization and staffing of militia and self-defense forces must meet the requirements of national defense and security tasks and based on their geographical areas and tasks of their localities, agencies or organizations; ensure smooth leadership, direction, command and management and suitability to the socio-economic situation and conditions of each locality, agency or organization.