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

Order

On the promulgation of law

THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Articles 88 and 91 of the Constitution of the Socialist Republic of Vietnam;

Pursuant to Article 80 of the Law on Promulgation of Legal Documents,

PROMULGATES:

The Law on Militia and Self-Defense Forces,

which was passed on November 22, 2019, by the XIV^thNational Assembly of the Socialist Republic of Vietnam at its 8^thsession.

President of the Socialist Republic of Vietnam
NGUYEN PHU TRONG

LAW ON MILITIA AND SELF-DEFENSE FORCES^[1]

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 forcesconstitute 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 forcemeans 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 forcemeans a mobile force operating in different geographical areas under decisions of competent authorities.

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

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

6.Expansion of militia and self-defense forcesmeans 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 organizationmeans 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 workmeans 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.

Article 5.Tasks of militia and self-defense forces

1. To stand ready for combat, combat and render combat services to protect their localities, agencies or organizations.

2. To collaborate with People’s Army and People’s Public Security units and other forces in their localities in safeguarding the national sovereignty and border security, islands, seas and airspace of Vietnam; to participate in building the entire-people defense system and defense zones, protecting national security and preserving social order and safety, and preventing and fighting crimes and law-breaking acts in accordance with law.

3. To perform military training and politics and law education tasks, and conduct military contests, performances and drills.

4. To participate in implementing information warfare and cyberwarfare measures as prescribed by law and decided by competent authorities.

5. To prevent and fight, and remediate consequences of, catastrophes, incidents, natural disasters, epidemics, fires and explosions; to carry out search, rescue and salvage operations; to protect forests and the environment, and perform other civil defense tasks as prescribed by law.

6. To conduct public communications and mobilize people to implement the Party’s line and views and the State’s policies and laws on national defense and security; to participate in building comprehensively strong localities and grassroots units and implementing social policies.

7. To perform other tasks as prescribed by law.

Article 6.Composition of militia and self-defense forces

1. On-the-spot militia and self-defense forces.

2. Mobile militia and self-defense forces.

3. Permanent militia and self-defense forces.

4. Marine militia and self-defense forces.

5. Air defense, artillery, scout, communication, engineering, chemical engineering and medical militia and self-defense forces.

Article 7.Traditional day of militia and self-defense forces

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

Article 8.Age group and term of service in militia and self-defense forces in peacetime

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

2. The term of service in on-the-spot militia and self-defense forces, mobile militia and self-defense forces, marine militia and self-defense forces and air defense, artillery, scout, communication, engineering, chemical engineering and medical militia and self-defense forces is 4 years; the term of service in permanent militia forces is 2 years.

Based on national defense and military tasks and requirements of localities, agencies and organizations, the term of service in militia and self-defense forces may be prolonged for not more than 2 years; the term of service in marine militia and self-defense forces and of commanders of militia and self-defense units may be prolonged until they reach the age limits specified in Clause 1 of this Article.

3. Chairpersons of commune-level People’s Committees, or chairpersons of district-level People’s Committees of localities where there are no commune-level administrative units, and heads of agencies or organizations may decide to increase the age limits and extend the term of service in militia and self-defense forces in accordance with this Article.

Article 9.Registration for citizens to perform the obligation to join, and management of, militia and self-defense forces

1. The registration for citizens to perform the obligation to join militia and self-defense forces is prescribed below:

a/ In April every year, based on results of registration of military obligation, chairpersons of commune-level People’s Committees or chairpersons of district-level People’s Committees of localities where there are no commune-level administrative units, and heads of agencies or organizations shall organize registration for citizens who reach the age of full 18 years to perform the obligation to join militia and self-defense forces; and additional registration for citizens in the age group eligible to perform the obligation to join militia and self-defense forces;

b/ When citizens in the age group liable to perform the obligation to join militia and self-defense forces change their places of residence and come to register their permanent or temporary residence, chairpersons of commune-level People’s Committees or chairpersons of district-level People’s Committees of localities where there are no commune-level administrative units shall make registration for these citizens to perform the obligation to join militia and self-defense forces.

For citizens changing their workplaces, heads of their new agencies or organizations shall make registration for these citizens to perform the obligation to join militia and self-defense forces;

c/ Persons with disabilities and persons suffering fatal diseases or mental diseases as prescribed by law are exempted from registration to perform the obligation to join militia and self-defense forces.

2. The management of militia and self-defense forces is prescribed below:

a/ If wishing to be absent during the prescribed time for task performance, militiamen and self-defense members shall report it to their direct commanders for consideration and decision;

b/ When militiamen or self-defense members wish to be absent for a period of at least 3 months, they shall report it to commune-level military commands of their places of residence or to district-level military commands if there are no commune-level administrative units in their places of residence, or to military commands of their agencies or organizations or to heads of their self-defense units in localities where there are no military commands;

c/ The Government shall prescribe the delegation of powers for management of militia and self-defense units.

Article 10.Criteria and selection for recruitment and competence to decide on citizens to perform the obligation to join militia and self-defense forces

1. Vietnamese citizens who are in the age group liable to perform the obligation to join, and fully satisfy the following criteria may be selected and recruited into, militia or self-defense forces:

a/ Having a clear personal record;

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

c/ Being physically fit to perform militia or self-defense tasks.

2. The selection and recruitment into militia and self-defense forces are prescribed below:

a/ Ensuring publicity, democracy and compliance with law;

b/ Annually, district-level military commands shall direct and guide commune-level People’s Committees, agencies and organizations to select and recruit citizens into militia or self-defense forces; in places where there are no commune-level administrative units, district-level military commands shall directly organize the selection and recruitment.

3. Reserve army men not yet enlisted into mobilization reserve units shall be selected and recruited into militia or self-defense units.

4. Chairpersons of commune-level People’s Committees or chairpersons of district-level People’s Committees of localities where there are no commune-level administrative units, and heads of agencies and organizations shall decide on citizens to perform the obligation to join militia or self-defense forces.

5. The Minister of National Defense shall detail Clause 1 of this Article.

Article 11.Postponement of and exemption from performance of the obligation to join militia and self-defense forces in peacetime

1. To postpone the performance of the obligation to join militia and self-defense forces for:

a/ Women who are pregnant or nursing a under-36-month child; men who are nursing a under-36-month child on their own;

b/ Persons who are physically unfit to perform militia and self-defense tasks;

c/ Persons whose spouses are army officers, professional army men or women, defense civil servants, employees or workers, non-commissioned officers or soldiers currently serving in the People’s Army;

d/ Persons whose spouses are officers, non-commissioned officers, policemen or workers currently serving in the People’s Public Security forces;

dd/ Persons whose spouses are cadres, civil servants, public employees or youth volunteers dispatched to work in regions with extremely difficult socio-economic conditions as prescribed by law;

e/ Sole breadwinners in poor households or households living just above the poverty line; direct caretakers of relatives who are unable to work or below the working age; members of families which suffer serious human and property losses caused by accidents, natural disasters or dangerous epidemics as certified by chairpersons of commune-level People’s Committees or chairpersons of district-level People’s Committees of localities where there are no commune-level administrative units, or heads of agencies or organizations where they reside or work;

g/ Spouses or children of war invalids or diseased soldiers or orange agent victims who suffer working capacity loss of between 61% and 80%;

h/ Persons who are learning at schools of state agencies, political organizations, socio-political organizations or education institutions of the national education system; persons who are working or studying abroad.

2. To exempt from performing the obligation to join militia and self-defense forces for:

a/ Spouses or children of fallen heroes;

b/ Spouses or children of war invalids or diseased soldiers or orange agent victims who suffer working capacity loss of 81% or more;

c/ Reserve army men already enlisted in mobilization reserve units;

d/ Direct caretakers of heroic Vietnamese mothers; direct caretakers of those who suffer working capacity loss of 81% or more;

dd/ Cypher employees.

3. If volunteering, citizens who are eligible for postponement of or exemption from the performance of the obligation to join militia and self-defense forces specified at Points c, d, dd, e and g, Clause 1 and Points a, b and d, Clause 2 of this Article, may be selected and recruited into militia or self-defense forces.

4. Chairpersons of commune-level People’s Committees or chairpersons of district-level People’s Committees of localities where there are no commune-level administrative units, and heads of agencies or organizations may decide on the postponement of and exemption from the performance of the obligation to join militia and self-defense forces.

Article 12.Stoppage of service in militia and self-defense forces ahead of time, delisting from militia and self-defense forces

1. Citizens may be allowed to stop their service in militia and self-defense forces ahead of time in the following cases:

a/ They are militiawomen or female self-defense members who get pregnant or are nursing a under-36-month child; or militiamen or male self-defense members who are nursing a under-36-month child on their own;

b/ They become physically unfit to perform militia and self-defense tasks;

c/ Their families meet with unexpected difficult circumstances, making them unable to continue their service in militia or self-defense forces, as certified by chairpersons of commune-level People’s Committees or chairpersons of district-level People’s Committees of localities where there are no commune-level administrative units, or heads of their agencies or organizations;

d/ They receive an order to join the army or perform the obligation to join the People’s Public Security forces; or receive decisions on their recruitment as defense civil servants, public employees or workers or public security workers;

dd/ They receive 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.

2. Citizens may be delisted from militia or self-defense forces in the following cases:

a/ They die or are declared by the court to be missing or dead;

b/ They are subject to initiation of criminal proceedings against the accused;

c/ They are deprived of the militiaman or self-defense member title;

d/ They are sent to a compulsory education center;

dd/ They are drug addicts as certified by a competent agency or is sent to a compulsory detoxification center;

e/ They are subject to commune-, ward- or township-based education.

3. Chairpersons of commune-level People’s Committees or chairpersons of district-level People’s Committees of localities where there are no commune-level administrative units, or heads of agencies or organizations may decide on the ahead-of-time stoppage of service in or delisting from militia and self-defense forces.

Article 13.Fulfillment of the obligation to join militia and self-defense forces

1. Militiamen or self-defense members who have fulfilled their term of service prescribed in Clause 2, Article 8 of this Law shall be recognized to have fulfilled the obligation to join militia or self-defense forces.

2. For citizens who have fulfilled the obligation to join militia or self-defense forces but are still in the age group prescribed in Clause 1, Article 8 of this Law, chairpersons of commune-level People’s Committees or chairpersons of district-level People’s Committees of localities where there are no commune-level administrative units, or heads of agencies or organizations shall register and manage them for expansion of militia and self-defense forces when necessary.

3. Permanent militia members shall be recognized to have fulfilled the military service in peacetime in accordance with the Law on Military Service.

4. Chairpersons of commune-level People’s Committees or chairpersons of district-level People’s Committees of localities where there are no commune-level administrative units, or heads of agencies or organizations may decide to recognize the fulfillment of the obligation to join militia or self-defense forces for citizens.

Article 14.Prohibited acts

1. To illegally establish, or participate in or finance the organization, training, deployment or use of militia and self-defense forces.

2. To dodge service in militia and self-defense forces; to oppose or obstruct the organization, training, operation of, and performance of the obligation to join, militia and self-defense forces.

3. To impersonate a militiaman or self-defense member.

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

5. To illegally produce, transport, trade in. stockpile, store, use or appropriate weapons, military explosives, support tools, technical equipment, uniforms, stars and caps, insignias and assets of militia and self-defense forces.

6. To practice gender-based discrimination in militia and self-defense work.

Chapter II

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

Article 15.Organization of militia and self-defense forces

1. Villages shall organize on-the-spot militia groups, squads or platoons.

2. Commune-level localities shall organize mobile militia platoons. Commune-level coastal localities and islands shall organize mobile militia platoons and marine militia squads or platoons.

Based on the requirements of national defense or military tasks, commune-level localities shall organize militia artillery groups or scout, communication, engineering, chemical engineering and medical militia groups or squads; commune-level localities critical to national defense shall organize permanent militia squads or platoons.

3. Agencies or organizations shall organize self-defense squads, platoons, companies or battalions. Agencies or organizations having marine vessels shall organize marine self-defense squads, platoons, flotillas or fleets.

4. On the basis of the organization of militia and self-defense units prescribed in Clauses 1, 2 and 3 of this Article and the requirements of national defense and military tasks, district-level localities shall organize mobile militia and self-defense platoons or companies, air defense and artillery militia and self-defense platoons, and permanent militia squads or platoons; provincial-level localities shall organize air defense and artillery militia and self-defense companies; and provincial-level coastal localities shall organize permanent militia flotillas.

5. The Minister of National Defense shall prescribe the size, organization and staffing of militia and self-defense units; and decide on commune-level localities critical to national defense.

Article 16.Expansion of militia and self-defense forces

1. Militia and self-defense forces shall be expanded in the following cases:

a/ A partial or total mobilization order is executed;

b/ A state of emergency due to a catastrophe, dangerous epidemic or situation that seriously threatens national security or social order and safety is declared.

2. The Minister of National Defense shall prescribe the planning and competence to decide to expand militia and self-defense forces.

Article 17.Conditions for organization of self-defense units in enterprises

Enterprises may be permitted to establish self-defense units when fully meeting the following conditions:

1. Ensuring the leadership of the Party Committees and the management of People’s Committees at all levels and the command of provincial- and district- level military agencies;

2. Meeting 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;

3. Having operated for at least full 24 months;

4. 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.

Article 18.The militia and self-defense command system

1. Minister of National Defense.

2. Chief of the General Staff of the Vietnam People’s Army.

3. Commanders of military zones, commanders of armed services, Commander of the Border Guard, Commander of the Coast Guard, Commander of the Hanoi Capital High Command, commanders of army corps, and commanders of army divisions.

4. Commander of the Ho Chi Minh City High Command, and commanders of provincial-level military headquarters.

5. Commanders of district-level military commands.

6. Heads of army enterprises with self-defense units.

7. Heads of military commands of agencies and organizations.

8. Heads of commune-level military commands.

9. Battalion commanders, fleet commanders, company commanders, flotilla commanders, platoon leaders, squad leaders, ship captains, heads of artillery groups of militia and self-defense units.

10. Village militia heads.

Article 19.Command posts in militia and self-defense forces

1. Command posts of commune-level military commands and military commands of agencies or organizations include:

a/ Commander, political commissar;

b/ Deputy commander, deputy political commissar.

2. Command posts of militia or self-defense units include:

a/ Battalion commander, battalion political commissar; deputy battalion commander, deputy battalion political commissar; fleet commander, fleet political commissar, deputy fleet commander, deputy fleet political commissar;

b/ Company commander, company political commissar; deputy company commander, deputy company political commissar; flotilla commander, flotilla political commissar, deputy flotilla commander, deputy flotilla political commissar;

c/ Platoon leader;

d/ Squad leader, ship captain, head of artillery group;

dd/ Village militia head cum commander of on-the-spot militia unit.

Article 20.Commune-level military commands, village militia heads

1. A commune-level military command is the standing body in charge of national defense work at commune level. A commune-level military command shall be composed of:

a/ The commander, who is a member of the commune-level People’s Committee, a reserve army officer; when a state of national defense emergency or a state of war is declared, he/she shall be called to serve in the army in accordance with the Law on Officers of the Vietnam People’s Army but continue holding the post of commander of the commune-level military command;

b/ The political commissar, who is the commune-level Party committee secretary;

c/ The deputy political commissar, who is the commune-level Ho Chi Minh Communist Youth Union secretary;

d/ The deputy commander, who works on a part-time basis at the commune level.

2. A commune-level military command has a separate working office and its own seal in accordance with law.

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

a/ To advise the commune-level Party committee and administration on leading, directing, managing and administering the performance of national defense and military tasks in accordance with law;

b/ To assume the prime responsibility for, and coordinate with local departments, sectors and mass organizations in, making, and organizing the implementation of, national defense plans and other plans related to commune-level national defense and military tasks;

c/ To coordinate with commune-level Vietnam Fatherland Front committees and sectors and mass organizations in disseminating the Party’s line and viewpoints and the State’s policies and laws, and providing national defense and security education; to participate in building comprehensively strong bases; to implement policies toward military families and preferential treatment policies toward people with meritorious services to the revolution;

d/ To organize military training, politics and law education, military contests, performances and exercises for militiamen; to command militiamen to perform tasks as prescribed by this Law and other relevant laws and decided by competent authorities;

dd/ To register, manage, preserve and use weapons, military explosives, support tools and technical equipment and vehicles of militia units under their command in accordance with law and decisions of competent authorities;

e/ To advise and assist commune-level People’s Committees on examination, handling of violations, settlement of complaints and denunciations, review, emulation and commendation on local defense work in accordance with law.

4. Village militia heads shall advise village Party committees and cells on leading, directing and organizing the performance of national defense and military tasks in villages; manage and directly command militiamen under their command; and coordinate in implementing policies toward military families and preferential treatment policies toward people with meritorious services to the revolution.

5. The Government shall prescribe the number of deputy commanders; and criteria and norms of working equipment of commune-level military commands.

Article 21.Military commands of agencies and organizations

1. A military command may be established in an agency or organization when the agency or organization fully meets the following conditions:

a/ Having a Communist Party of Vietnam organization;

b/ Having a self-defense unit.

2. A military command of an agency or organization shall operate on a part-time basis, be composed of the commander who is the head or a deputy head of the agency or organization; the political commissar who is the secretary or a deputy secretary of the Party committee of the same level, deputy commander and deputy political commissar.

3. A military command of an agency or organization may have its own seal in accordance with law.

4. A military command of an 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 national defense work;

b/ To make, and organize the implementation of, plans on national defense and self-defense work and other plans relating to national defense and military tasks of the agency or organization; to coordinate in implementing policies toward military families and preferential treatment policies toward people with meritorious services to the revolution;

c/ To organize military training, politics and law education, military contests, performances and exercises for self-defense members; to command self-defense members to perform tasks as prescribed by this Law and other relevant laws and decided by competent authorities;

d/ To register, manage, preserve and use weapons, military explosives, support tools and technical equipment and vehicles of self-defense units under their command in accordance with law;

dd/ To advise the Party committee and the head of the agency or organization on examination, handling of violations, settlement of complaints and denunciations, review, emulation and commendation on national defense work.

5. The Government shall prescribe the number of deputy commanders; and criteria and norms of working equipment of military commands of agencies and organizations.

Article 22.Competence to establish and disband militia and self-defense units, commune-level military commands and military commands of agencies and organizations

1. The competence to establish militia and self-defense units, commune-level military commands, and military commands of agencies and organizations, except self-defense units in army enterprises, is prescribed below:

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

b/ The Commanders of military zones, the Navy and the Hanoi Capital High Command may decide to establish militia battalions; militia and self-defense flotillas and permanent militia flotillas; and militia and self-defense fleets;

c/ The Commanders of the Hanoi Capital High Command and Ho Chi Minh City High Command, and commanders of provincial-level military commands may decide to establish self-defense companies and mobile militia companies; air-defense and artillery militia and self-defense platoons; marine militia and self-defense platoons; and permanent militia squads and platoons;

d/ Commanders of district-level military commands may decide to establish mobile militia and self-defense platoons; on-the-spot militia and self-defense squads and platoons; artillery militia and self-defense groups; scout, communication, engineering, chemical engineering, medical militia groups and squads; and marine militia and self-defense squads;

dd/ Commanders of commune-level military commands may decide to establish on-the-spot militia groups after reporting such to district-level military commands and commune-level People’s Committees; in localities where there are no commune-level administrative units, commanders of district-level military commands may decide to establish on-the-spot militia groups;

e/ The Commanders of the Hanoi Capital High Command and Ho Chi Minh City High Command, and commanders of provincial-level military headquarters may decide to establish commune-level military commands and military commands of agencies and organizations.

2. The authorities competent to decide to establish are also competent to disband militia and self-defense units, commune-level military commands and military commands of agencies and organizations.

3. The Minister of National Defense shall prescribe the competence to establish self-defense units in army enterprises; the order and procedures for establishment and disbandment of militia and self-defense units, commune-level military commands and military commands of agencies and organizations.

Article 23.Appointment and relief from duty of holders of command posts in militia and self-defense forces

1. Thecompetence to appoint holders of command posts in militia and self-defense forces, except commanders of self-defense units in army enterprises, is prescribed below:

a/ The Commanders of military zones, the Navy and the Hanoi Capital High Command may decide to appoint holders of command posts of militia and self-defense battalions and flotillas;

b/ The Commanders of the Hanoi Capital High Command and Ho Chi Minh City High Command, and commanders of provincial-level military headquarters may decide to appoint holders of command posts in self-defense and militia companies and flotillas; the Commander of the Navy may decide to appoint command posts of self-defense flotillas under his/her management;

c/ Commanders of district-level military commands may decide to appoint village militia heads, and leaders of militia and self-defense platoons, squads, ship captains and artillery groups;

d/ The Commanders of the Hanoi Capital High Command and Ho Chi Minh City High Command, and commanders of provincial-level military headquarters may decide to appoint holders of command posts of military commands of agencies and organizations;

dd/ Chairpersons of district-level People’s Committees may decide to appoint holders of command posts of commune-level military commands.

2. The relief from duty of holders of command posts in militia and self-defense forces is prescribed below:

a/ Holders of command posts in militia and self-defense forces may be relieved from duty when they change their other working positions, their current posts no longer exist because of organizational change, or they no longer fully satisfy the criteria and conditions for performing their current posts;

b/ The authorities competent to appoint holders of certain command posts are also competent to relieve them from duty.

3. The Minister of National Defense shall prescribe the order and procedures for appointment and relief from duty of holders of the posts prescribed in this Article, and the competence to appoint holders of command posts in self-defense units in army enterprises; and the holding by officers of the Vietnam People’s Army of command posts in militia and self-defense forces in necessary cases.

Article 24.Uniforms, stars and caps, and insignias of militia and sell-defense forces

Holders of command posts of commune-level military commands, military commands of agencies and organizations, and militiamen and self-defense members shall be provided with and use uniforms, stars and caps, and insignias under the Government’s regulations.

Article 25.Weapons, military explosives, support tools and technical equipment for militia and self-defense forces

1. Militia and self-defense forces shall be equipped with weapons, military explosives, support tools and technical equipment in accordance with the law on management and use of weapons, explosives and support tools and other relevant laws.

2. The Minister of National Defense shall prescribe the equipping, registration, management and use of weapons, military explosives, support tools and technical equipment for militia and self-defense forces.

Chapter III

TRAINING OF COMMANDERS OF COMMUNE-LEVEL MILITARY COMMANDS; TRAINING AND FURTHER TRAINING OF HOLDERS OF COMMAND POSTS; TRAINING OF MILITIA AND SELF-DEFENSE FORCES

Article 26.Training of commanders of commune-level military commands

Commanders and deputy commanders of commune-level military commands shall be trained in the title of commander of commune-level military command to obtain intermediate-, collegial- or tertiary-level grassroots military degree at military schools.

Article 27.Training and further training of holders of command posts in militia and self-defense forces

1. In peacetime, a state of defense emergency or a state of war, holders of command posts in militia and self-defense forces shall be provided with training and further training according to programs suitable to them to meet the requirements of national defense and security tasks and the situation of their localities, agencies or organizations.

2. The Minister of National Defense shall prescribe programs, contents time, list of materials, and delegation of powers for training, and institutions responsible for training holders of command posts in militia and self-defense forces.

Article 28.Military training, politics and law education, military contests, performances and exercises for militia and self-defense forces

1. In peacetime, the period for annual military training and politics and law education is prescribed below:

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

b/ 12 days for mobile, marine, air defense, artillery, scout, communication, engineering, chemical engineering and medical militiamen and self-defense members on second year of service onward; or 7 days for on-the-spot militiamen and self-defense members;

c/ 60 days for permanent militiamen.

2. In a state of defense emergency or a state of war, militia and self-defense forces shall be provided with military training and politics and law education to meet the requirements of national defense and security tasks and the situation of their localities, agencies or organizations.

3. The Minister of National Defense shall prescribe programs, contents and list of materials for military training and politics and law education, and military contests, performances and exercises for militia and self-defense forces.

Chapter IV

OPERATIONS OF MILITIA AND SELF-DEFENSE FORCES

Article 29.Combat-ready operations

1. Maintaining and implementing the combat-ready status of militia and self-defense forces.

2. Developing, adjusting and adding plans on militia and self-defense forces.

3. Acting as the core in building combat villages, communes, wards or townships; participating in building comprehensive strong bases, defense areas, the all-people defense system and all-people defense posture associated with building the people’s security system and people’s security posture in localities.

4. Participating in implementing information and cyber warfare measures and other activities.

5. The Minister of National Defense shall detail Clauses 1 and 2 of this Article.

Article 30.Combat and combat service operations

1. Expanding militia and self-defense forces under decisions of competent authorities.

2. Protecting the shelter and evacuation of agencies, organizations and the people, and assigned targets.

3. Fighting enemies to protect villages, communes, wards, townships, agencies and organizations in defense areas.

4. Serving combat activities in defense areas.

5. Participating in political struggles; building and consolidating villages, communes, wards, townships, agencies and organizations in fighting enemies.

Article 31.Coordination activities of militia and self-defense forces

1. Militia and self-defense forces shall coordinate with functional forces in:

a/ Safeguarding the national sovereignty and security of the borders, islands, seas and airspace of Vietnam;

b/ Protecting the national security, ensuring social order and safety and preventing and fighting crimes and illegal acts;

c/ Mobilizing the people to build comprehensively strong bases; implementing social policies;

d/ Preventing and controlling, and overcoming consequences of, catastrophes, incidents, natural disasters, epidemics, fires and explosions; carrying out search, rescue and salvage activities; protecting forests and the environment, and carrying out other civil defense activities.

2. The Government shall detail this Article.

Article 32.Competence to deploy militia and self-defense forces

1. In case it is not serious enough to declare a state of war, a state of defense emergency, a state of emergency, martial law or a curfew, but it is necessary to deploy militia and self-defense forces, the competence to deploy militia and self-defense forces is prescribed as follows:

a/ The Minister of National Defense or 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 their military zones after reaching agreement with chairpersons of provincial-level People’s Committees of localities in which militia and self-defense forces need to be deployed;

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

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

dd/ The Commander of the Ho Chi Minh City High Command and commanders of provincial-level military headquarters may deploy militia and self-defense forces within their cities or provinces after reaching agreement with chairpersons of provincial-level People’s Committees and commanders of military zones;

e/ Commanders of district-level military commands may deploy militia and self-defense forces within their districts after reaching agreement with chairpersons of district-level People’s Committees and commanders of provincial-level military headquarters, the Commander of the Hanoi Capital High Command or the Commander of the Ho Chi Minh City High Command;

g/ Commanders of commune-level military commands may deploy militia members within their communes after reaching agreement with chairpersons of commune-level People’s Committees and commanders of district-level military commands;

h/ Commanders of military commands of agencies and organizations may deploy self-defense forces under their command after reaching agreement with heads of agencies or organizations and commanders of district-level military commands;

i/ Heads of army enterprises may deploy self-defense forces under their management.

2. In a state of war, a state of defense emergency, a state of emergency, martial law or a curfew, the deployment and use of militia and self-defense forces must comply with the Law on National Defense and other relevant laws.

3. Chairpersons of People’s Committees and heads of agencies and organizations of localities in which militia or self-defense forces are deployed shall strictly observe deployment decisions of competent authorities; and receive and arrange jobs for self-defense members after they fulfill their tasks.

Chapter V

REGIMES, POLICIES AND SPENDING TASKS FOR MILITIA AND SELF-DEFENSE FORCES

Article 33.Allowances, social insurance and health insurance for holders of command posts in militia and self-defense forces

1. Holders of command posts in militia and self-defense forces defined in Article 19 of this Law are entitled to post-based allowances.

2. Deputy commanders of commune-level military commands are entitled to monthly allowances and compulsory social insurance in accordance with the Law on Social Insurance and to health insurance in accordance with the Law on Health Insurance; if they have not yet been covered by social insurance but have an uninterrupted working period of at least full 60 months, they shall be entitled to a lump-sum allowance upon retiring from their posts.

3. Deputy commanders of commune-level military commands and holders of command posts in mobile and permanent militia units are entitled to special defense or military allowances.

4. Commanders, political commissars, deputy commanders and deputy political commissars of commune-level military commands who have a working period of at least full 60 months are entitled to a seniority allowance.

5. Village militia heads are entitled to monthly allowance and allowance for concurrently holding the post of on-the-spot militia squad or platoon leader.

6. The Government shall detail this Article.

Article 34.Regimes and policies for militiamen and self-defense members on duty

1. Regimes and policies for militia members on duty are prescribed as follows:

a/ On-the-spot, mobile, air defense, artillery, scout, communication, engineering, chemical engineering and medical militiamen are entitled to workday remuneration and 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 or extremely heavy, hazardous or dangerous jobs as prescribed by the labor law; and increased workday allowance in case their period of obligatory service in militia or self-defense forces is prolonged.

When performing their duties at sea, they are entitled to special sea-based allowances; when performing their duties at places far from their places of residence and unable to travel home every day, they shall be provided with free lodging, transport or travel payments or get a refund for a paid return ticket;

b/ Marine militiamen are entitled to the regimes and policies provided at Point a of this Clause; when performing the task of defending islands and seas, they are entitled to workday allowance and increased meal allowance; ship captains and chief engineers are entitled to responsibility-based allowance for the days they actually operate at sea;

c/ Permanent militiamen are entitled to the regimes and policies provided at Point a of this Clause; and shall be provided with a lump-sum allowance upon recognized as having fulfilled the military service obligation in peacetime; and social insurance and health insurance benefits like in-service non-commissioned officers and soldiers of the Vietnam People’s Army; and free lodging and meals.

2. Self-defense members on duty are entitled to full salary, welfare benefits, allowances, work-trip allowance, and other regimes and policies as provided by law; marine self-defense members performing the task of defending islands and seas shall be additionally provided with salary, rank-based allowance and meal allowance for the days they actually work at sea.

3. Authorities which decide to deploy militia and self-defense forces for task performance shall ensure the regimes and policies for them.

4. The Government shall prescribe the assurance of regimes and policies for each component of militia and self-defense forces defined in this Article.

Article 35.Regimes and policies for militiamen and self-defense members who get sick, have accidents, are dead or injured or sacrifice their lives

1. Militiamen and self-defense members who are on duty or attending a grassroots military training program for commanders of commune-level military commands are entitled to the following regimes and policies:

a/ If they get sick, have accidents or are injured but are not covered by health insurance, they may have their medical examination and treatment expenses paid;

b/ If they have accidents and lose part of their working capacity as concluded by a medical assessment council and are not covered by social insurance, they are entitled to different allowances depending on the extent of loss of their working capacity; if they are dead, their relatives shall be provided with survivorship and funeral allowances;

c/ If they are injured, they shall be considered for enjoyment of policies like war invalids; if they sacrifice their lives, they shall be considered and recognized as fallen heroes in accordance with law.

2. Militiamen who apply sterilization measures, militiawomen who apply a contraceptive method and militiamen whose wives give birth may cease performing militia or self-defense tasks and take a leave as prescribed by the law on social insurance.

3. The Government shall prescribe conditions, order and procedures for enjoyment of regimes and policies and entitlement levels, and agencies responsible for ensuring funds, regimes and policies for militiamen and self-defense members provided at Points a and b, Clause 1 of this Article.

Article 36.Funding sources

1. The state budget shall ensure funds for militia and self-defense forces in state agencies, political organizations, socio-political organizations, public non-business units and localities. The elaboration, execution and settlement of these budget funds must comply with the law on the state budget and other relevant laws.

2. Funds for self-defense forces in economic organizations and non-public non-business units for the spending tasks specified in Article 39 of this Law shall be accounted as deductible expenses upon determination of incomes liable to enterprise income tax of these organizations and units in accordance with the law on enterprise income tax. The estimation, payment and settlement of these funds must comply with the accounting and financial regulations applicable to these organizations and units.

3. Other lawful revenue sources.

4. For localities meeting with budget difficulties, the central budget shall provide funds as support depending on its balancing capacity.

Article 37.Spending tasks of the Ministry of National Defense

1. Providing workday allowance, meal allowance and expenses for operations of militia and self-defense forces performing tasks under decisions of the Minister of National Defense or Chief of the General Staff of the Vietnam People’s Army; or plans of commanders of military zones or commanders of armed services approved by the Minister of National Defense or Chief of the General Staff of the Vietnam People’s Army.

2. Formulating and implementing strategies, schemes, projects, plans and military scientific researches on militia and self-defense forces.

3. Carrying out communication about militia and self-defense forces; and activities to celebrate the traditional day of militia and self-defense forces, organized by the Ministry of National Defense and agencies and units of the Vietnam People’s Army.

4. Organizing military training and drilling, contests, performances and exercises and operations of militia and self-defense forces by the Ministry of National Defense and its agencies and units, except the Hanoi Capital High Command.

5. Providing grassroots military training for commanders of commune-level military commands.

6. Developing pilot models of militia and self-defense forces, and combat structures for militia and self-defense forces; and building comprehensively strong defense and military units, organized by the Ministry of National Defense and General Staff of the Vietnam People’s Army.

7. Developing programs, compiling, publishing, printing and distributing course books and materials, registration, management and statistics forms, plan forms, model licenses and permits, and military scientific information documents on militia and self-defense forces.

8. Manufacturing model uniforms, stars and caps, insignias, training models and instruments, training materials, bands, signs and flags serving activities of militia and self-defense forces.

9. Manufacturing and procuring simulation models, training instruments, weapons and dedicated military equipment; stars and caps of militia and self-defense forces, commemorative medals; and special-use equipment for training classrooms in military schools training commanders of commune-level military commands.

10. Ensuring military weapons and explosives, support tools, and technical equipment and facilities for militia and self-defense forces in accordance with law.

11. Managing and protecting defense works and military areas assigned by the Ministry of National Defense to militia and self-defense forces.

12. Undertaking international cooperation regarding militia and self-defense forces.

13. Organizing examination and inspection, handling of violations, settlement of complaints and denunciations, reviews, emulation and commendation on militia and self-defense work according to the Ministry’s competence.

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

Article 38.Spending tasks of localities

1. Formulating and implementing schemes, projects and plans on military scientific researches into local militia and self-defense forces.

2. Registering, and organizing medical checkups, recruitment, management, organization of the building, military training, contests, performances, exercises and activities of militia and self-defense forces under their management; planning and executing decisions on expansion of militia and self-defense forces.

3. Carrying out communication about militia and self-defense forces; and activities to celebrate the traditional day of militia and self-defense forces, organized by localities.

4. Ensuring the regimes and policies prescribed in Article 33 and Clause 1, Article 34 of this Law and other relevant laws, except allowances for different posts in military commands in agencies and organizations, and command posts in self-defense units of agencies and organizations under ministries, central sectors and economic organizations.

5. Ensuring regimes and policies for militiamen and self-defense members who get sick, have accidents, are dead or injured or sacrifice their lives under Article 35 of this Law and other relevant laws.

6. Procuring uniforms and insignias for commune-level military commands, military commands in agencies and organizations, and militia and self-defense forces of agencies and organizations in localities, except the cases specified in Clause 4, Article 39 of this Law.

7.  Transporting, repairing and preserving weapons, military explosives, technical equipment, and ensuring rudimentary weapons, support tools and essential equipment to meet the requirements and tasks of militia and self-defense units.

8. Building and repairing military warehouses and combat structures for militia and self-defense forces in defense areas; lodging of permanent militia forces; and working offices of commune-level military commands.

9. Managing and protecting defense works and military areas assigned by localities to militia and self-defense forces.

10. Undertaking international cooperation regarding militia and self-defense forces according to their competence.

11. Organizing examination and inspection, handling of violations, settlement of complaints and denunciations, reviews, emulation and commendation related to militia and self-defense work according to their competence.

12. Other expenses for local militia and self-defense forces as prescribed by law and assigned by competent authorities.

Article 39.Spending tasks of agencies and organizations

1. Registering, and organizing medical checkups, recruitment, management, organization of the building, military training, contests, performances, exercises and activities of self-defense forces under their management.

2. Carrying out communication about militia and self-defense forces; and activities to celebrate the traditional day of militia and self-defense forces under their responsibilities.

3. Ensuring allowances for different posts in their military commands, and command posts in self-defense units of agencies and organizations under ministries, central sectors and economic organizations; and the regimes and policies for self-defense members prescribed in Clause 2, Article 34 of this Law and other relevant laws.

4. Procuring uniforms and insignias for their military commands and self-defense members.

5. Transporting, repairing and preserving weapons, support tools and technical equipment allocated by competent agencies; procuring, repairing and preserving rudimentary weapons, support tools and essential technical equipment to meet the requirements and tasks of self-defense units.

6. Organizing examination, handling of violations, settlement of complaints and denunciations, reviews, emulation and commendation related to self-defense work according to their competence.

7. Other expenses for their self-defense forces as prescribed by law.

Chapter VI

RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS FOR MILITIA AND SELF-DEFENSE FORCES

Article 40.Responsibilities of the Government

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

2. Contents of state management of militia and self-defense forces:

a/ Promulgating or submitting to competent authorities for promulgation, and organizing the implementation of, legal documents on militia and self-defense forces;

b/ Formulating, and organizing the implementation of, strategies, policies, schemes, projects and plans on militia and self-defense forces;

c/ Organizing the building, training and operation of, and assurance of regimes for, militia and self-defense forces;

d/ Disseminating the Party’s line and viewpoints and the State’s policies and laws on militia and self-defense forces;

dd/ Undertaking international cooperation on militia and self-defense work;

e/ Carrying out examination and inspection, handling violations, settling complaints and denunciations, and carrying out review, emulation and commendation activities related to militia and self-defense forces.

Article 41.Responsibilities of the Ministry of National Defense

The Ministry of National Defense shall take responsibility to the Government for performing the state management of militia and self-defense forces, having the following responsibilities:

1. To submit to the Government and Prime Minister for promulgation, or promulgate according to its competence legal documents on militia and self-defense forces;

2. To assume the prime responsibility for, and coordinate with related ministries and organizations in, formulating strategies, policies, schemes, projects and plans on, and conducting scientific researches into militia and self-defense work;

3. To assume the prime responsibility for, and coordinate with related ministries and organizations in, providing grassroots military training for commanders of commune-level military commands; and further training for holders of commanders of militia and self-defense forces;

4. To direct and guide the building, military training, operation, planning and expansion of militia and self-defense forces;

5. To coordinate with ministries and central sectors in directing and guiding localities and related agencies and organizations in implementing regimes and policies for militia and self-defense forces in accordance with this Law and other relevant laws;

6. To assume the prime responsibility for, and direct and guide localities and related agencies and organizations in, building pilot models on militia and self-defense forces and combat structures for militia and self-defense forces;

7. To undertake international cooperation on militia and self-defense work;

8. To assume the prime responsibility for, or coordinate with ministries, central sectors, localities and related agencies and organizations in, carrying out examination and inspection, handling violations, settling complaints and denunciations, and carrying out review, emulation and commendation activities related to militia and self-defense forces according to its competence;

9. To disseminate the Party’s line and viewpoints and the State’s policies and laws on militia and self-defense forces;

10. To perform other tasks related to militia and self-defense work in accordance with law.

Article 42.Responsibilities of the Ministry of Public Security

1. To assume the prime responsibility for, and coordinate with the Ministry of National Defense in. directing, guiding and organizing the coordination of activities of People’s Public Security and militia and self-defense forces to protect the national security, maintain social order and safety, and prevent and fight crimes and illegal acts.

2. To direct local Public Security agencies in coordinating with military agencies of the same level and related agencies and organizations in implementing the law on militia and self-defense forces.

Article 43.Responsibilities of ministries, agencies and organizations

1. Ministries, and central agencies and organizations, except the Ministry of Public Security, shall, within the ambit of their respective tasks and powers, coordinate with the Ministry of National Defense in performing the state management of militia and self-defense forces, having the following responsibilities:

a/ To issue documents directing and guiding militia and self-defense work related to the sectors and fields under their respective management;

b/ To organize the building, military training, contests, performances and exercises and operation of self-defense forces;

c/ To direct and organize the implementation of schemes, projects and plans on militia and self-defense forces according to their assigned tasks;

d/ To assume the prime responsibility for, or coordinate with the Ministry of National Defense and related agencies, organizations and localities in, carrying out examination and inspection, handling violations, settling complaints and denunciations, carrying out review, emulation and commendation activities related to militia and self-defense forces according to their competence;

dd/ To disseminate the Party’s line and viewpoints and the State’s policies and laws on militia and self-defense forces;

e/ To perform other tasks related to militia and self-defense work in accordance with law.

2. The Ministry of Planning and Investment, Ministry of Finance, Ministry of Home Affairs, Ministry of Labor, Invalids and Social Affairs, Ministry of Education and Training, and Ministry of Agriculture and Rural Development shall, within the ambit of their respective tasks and powers, implement the provisions of Clause 1 of this Article, and have the following responsibilities:

a/ The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment, Ministry of National Defense and related localities, agencies and organizations in, elaborating and submitting to the Government, budget fund estimates and central budget fund allocation plans for regular tasks related to militia and self-defense forces under the management by central authorities, and incorporate them into budget estimates for submission to competent authorities;

b/ The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with the Ministry of Finance, Ministry of National Defense and related localities, agencies and organizations in, allocating budget funds for investment tasks related to militia and self-defense forces under the management by central authorities;

c/ The Ministry of Home Affairs shall assume the prime responsibility for, and coordinate with the Ministry of National Defense in, directing and guiding related localities, organizations and agencies in, implementing the planning, training, appointment and use of commanders and deputy commanders of commune-level military commands; and in implementing regimes and policies for holders of command posts in commune-level military commands;

d/ The Ministry of Labor, Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with the Ministry of National Defense, Ministry of Finance and Ministry of Home Affairs in, guiding localities, agencies and organizations in implementing regimes and policies for militia and self-defense forces in accordance with law; and coordinate with the Ministry of Education and Training, Ministry of National Defense and related agencies, organizations and localities in directing and guiding the intermediate- and collegial-level grassroots military training for commanders of commune-level military commands;

dd/ The Ministry of Education and Training shall assume the prime responsibility for, and coordinate with the Ministry of National Defense and related agencies and organizations in, directing higher education institutions to develop training programs and guiding the tertiary-level grassroots military training for commanders of commune-level military commands;

e/ The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with the Ministry of National Defense and related agencies and organizations in, directing agencies and units under their management to coordinate with militia and self-defense forces in defending islands and seas, preventing and controlling natural disasters, carrying out search, rescue and salvage activities, protecting forests, and preventing and fighting forest fires; and direct and guide the registration, inspection and licensing of vessels equipped for marine militia and self-defense forces to go fishing in accordance with law.

Article 44.Responsibilities of local administrations at all levels

1. People’s Councils at all levels, within the ambit of their tasks and powers, have the following responsibilities:

a/ To promulgate legal documents; to approve and decide on schemes, projects and plans on militia and self-defense forces in accordance with this Law and other relevant laws;

b/ To decide on budgets for local militia and self-defense forces;

c/ To oversee the observance of the Constitution and laws and the implementation of their resolutions relating to militia and self-defense forces.

2. People’s Committees at all levels shall, within the ambit of their tasks and powers, perform the state management of militia and self-defense forces, having the following responsibilities:

a/ To submit to People’s Councils for promulgation or promulgate legal documents and documents directing and guiding, and organize the performance of, militia and self-defense work in accordance with this Law and other relevant laws;

b/ To submit to same-level People’s Councils for approval and decision schemes, projects and plans on militia and self-defense forces;

c/ To direct agencies, organizations and units under their management to organize the building, military training, contests, performances and exercises and operation of militia and self-defense forces;

d/ To mobilize civil vessels and vehicles to ensure the militia and self-defense forces’ engagement in the defense of Vietnam’s islands and seas in accordance with law;

dd/ To undertake international cooperation on militia and self-defense force work as assigned;

e/ To plan, and organize the execution of competent authorities’ decisions on, expansion of militia and self-defense forces;

g/ To carry out examination and inspection, handle violations, settle complaints and denunciations, carry out review, emulation and commendation activities for militia and self-defense forces according to their competence;

h/ To disseminate the Party’s line and viewpoints and the State’s policies and laws on militia and self-defense forces;

i/ To perform other tasks related to local militia and self-defense forces as prescribed by law and assigned by competent authorities.

Article 45.Responsibilities of the Vietnam Fatherland Front and its member organizations

The Vietnam Fatherland Front and its member organizations shall, within the ambit of their tasks and powers, disseminate and mobilize the people to implement the law on militia and self-defense forces; and oversee the implementation of the law on militia and self-defense forces.

Chapter VII

EMULATION, COMMENDATION, AND HANDLING OF VIOLATIONS

Article 46.Emulation and commendation

1. Local military agencies at all levels and military commands of agencies and organizations shall assume the prime responsibility for, and coordinate with related functional agencies in, carrying out emulation and commendation work for militia and self-defense forces.

2. Emulation campaigns shall be organized in militia and self-defense forces as part of emulation campaigns of agencies, organizations and localities.

3. Agencies, organizations and individuals and militiamen and self-defense members that record achievements in militia and self-defense work shall be commended and rewarded in accordance with law.

4. The Minister of National Defense shall guide emulation and commendation work for militia and self-defense forces in accordance with law.

Article 47.Handling of violations

1. Agencies, organizations and individuals that commit acts of violating this Law shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned or examined for penal liability in accordance with law

2. Militiamen and self-defense members on duty who breach discipline or commit illegal acts shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned or examined for penal liability; if causing damage, they shall pay compensation in accordance with law.

Article 48.Disciplinary forms applied in militia and self-defense forces

1. Militiamen and self-defense members shall be subjected to one of the following disciplinary forms:

a/ Reprimand;

b/ Caution;

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

2. Holders of command posts in militia and self-defense units shall be subjected to one of the following disciplinary forms:

a/ Reprimand;

b/ Caution;

c/ Demotion;

d/ Dismissal;

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

3. The Minister of National Defense shall prescribe the imposition of disciplinary forms, and the order, procedures, statutes of limitations, time limits, and competence for disciplining militiamen and self-defense members as prescribed in this Article.

Charter VIII

IMPLEMENTATION PROVISIONS

Article 49.Amendment and supplementation of a number of articles of the laws relating to militia and self-defense forces

1. To amend and supplement a number of articles of Law No. 78/2015/QH13 on Military Service as follows:

a/ To amend and supplement Point a, Clause 4, Article 4 as follows:

“a/ Permanent militiamen who have at least 24 months’ service shall be recognized as having fulfilled the in-service military obligation in peacetime as decided by commanders of district-level military commands at the proposal of chairpersons of commune-level People’s Committees, or village heads for localities where there are no commune-level administrative units, or heads of their agencies or organizations;”;

b/ To amend and supplement Point e, Clause 2, Article 24 as follows:

“e/ Permanent militiamen who have fulfilled the obligation to join militia and self-defense forces or on-the-spot, mobile, marine, air defense, artillery, scout, communication, engineering, chemical engineering and medical militiamen and self-defense members who have undergone a training course of 3 or more months;”;

c/ To add the following Point h below Point g, Clause 1, Article 41:

“h/ Permanent militiamen.”.

2. To amend and supplement a number of clauses of Article 41 of Law No. 16/1999/QH10 on Officers of the Vietnam People’s Army, which was amended and supplemented under Laws No. 19/2008/QH12 and No. 72/2014/QH13, as follows:

a/ To amend and supplement Clause 1, Article 41 as follows:

“1. Graduates from reserve army officer training programs and graduates from grassroots military training programs for commanders of commune-level military commands shall be awarded the reserve sub-lieutenant rank;”;

b/ To amend and supplement Clause 3, Article 41 as follows:

“3. On the basis of staffing needs, post-based criteria of officers, military training results and achievements in performing national defense tasks, reserve army officers holding posts in mobilization reserve units or the post of commander of commune-level military command shall be promoted to military ranks commensurate with their current posts. The Minister of National Defense shall prescribe equivalent posts and the highest rank for reserve army officers holding the post of commander of commune-level military command;”.

Article 50.Effect

1. This Law takes effect on July 1, 2020.

2. Law No. 43/2009/QH12 on Militia and Self-Defense Forces ceases to be effective on the effective date of this Law.

This Law was passed on November 22, 2019, by the 14^thNational Assembly of the Socialist Republic of Vietnam at its 8^thsession.-

Chairwoman of the National Assembly
NGUYEN THI KIM NGAN