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

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ATTRIBUTE Law on Militia and Self-Defense Forces

Law on Militia and Self-Defense Forces No. 48/2019/QH14 dated November 22, 2019 of the National Assembly
Issuing body: National Assembly of the Socialist Republic of VietnamEffective date:
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Official number:48/2019/QH14Signer:Nguyen Thi Kim Ngan
Type:LawExpiry date:Updating
Issuing date:22/11/2019Effect status:
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Fields:National Security

SUMMARY

Permanent militia force is entitled to social and health insurance

The Law on Militia and Self-Defense Forces No. 48/2019/QH14 is passed by the National Assembly on November 22, 2019.

Accordingly, from July 01, 2020, permanent militia force shall be entitled to social insurance and health insurance benefits like in-service non-commissioned officers and soldiers of the Vietnam People’s Army. In addition, they may entitled to meal allowance; and other benefits when on duty from 22:00 hours of a day to 06:00 hours the next day, on holidays and leave days, when performing heavy, hazardous or dangerous jobs; and shall be provided with a lump-sum allowance upon recognized as having fulfilled the military service obligation in peacetime.

Besides, this Law also stipulates that enterprises may be permitted to establish self-defense units if having operated for at least full 24 months and having a number of workers eligible to be selected and recruited for performing the obligation to join militia and self-defense forces which is sufficient for organization of at least 1 self-defense squad. However, such enterprises must meet the requirements of national defense and security tasks, and schemes and plans on organization of militia and self-defense forces in the localities where the enterprises operate, and suiting the enterprises’ production and business organization…

Apart from cases of stoppage of service in militia and self-defense forces ahead of time such as declining health, unexpected difficult family circumstances, this Law also adds a number of other cases to be discharged from military self-defense forces ahead of time. To be specific: Person receives decisions on their recruitment as defense civil servants, public employees or workers or public security worker; receives a notice of admission and enrollment into a higher education institution, a vocational education institution, or a school of a state agency, political organization or socio-political organization; or receive a notice of acceptance and go to work or study abroad; militiawomen or female self-defense members who get pregnant or are nursing a under-36-month child…

This Law takes effect on July 01, 2020.

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TTXVN

THE NATIONAL ASSEMBLY

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

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.

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