Law on the Military Reserve Force, Law No. 53/2019/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 the Military Reserve Force,

which was passed on November 26, 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 THE MILITARY RESERVE FORCE^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on the Military Reserve Force.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Law prescribes the building and mobilization of the military reserve force; applicable regimes and policies; and responsibilities of agencies, organizations and individuals in building and mobilizing the military reserve force.

Article 2.Interpretation of terms

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

1.The military reserve forceis composed of reserve army men and reserve technical facilities that are registered, managed and arranged into reserve units to be ready for supplementation to the permanent force of the People’s Army.

2.Reserve armymen include reserve army officers, reserve professional army men and reserve non-commissioned officers as well as soldiers, who are registered under the Law on Officers of the Vietnam People’s Army, Law on Professional Army Men, Defense Workers and Employees or Law on Military Service.

3.Reserve technical facilitiesinclude property of Vietnamese agencies, organizations and citizens, including road motorized vehicles, waterway craft, civil aviation craft, road and bridge building vehicles and equipment, construction vehicles and equipment, cargo-handling equipment, communication equipment and facilities, medical equipment and supplies, and a number of other vehicles, equipment and facilities which are registered as required by the People’s Army.

4.Reserve unitmeans a military organization composed largely or entirely of reserve army men with reserve technical facilities planned for supplementation to the permanent force of the People’s Army; which may be incompletely organized and staffed or not yet organized in peacetime but planned for mobilization and supplementation in wartime upon mobilization orders.

5.Reserve professionalunits constitute a form of reserve units organized and staffed with reserve army men possessing necessary professional qualifications, skills and equipment to serve professional tasks.

6.Military professionmeans a profession relevant to a staff title in the People’s Army.

7.Mobilization of the military reserve forcemeans the call-up of reserve army men and mobilization of reserve technical facilities for handover to the permanent force of the People’s Army in accordance with this Law.

8.Reserve technical facility ownersinclude Vietnamese agencies, organizations and citizens having the right to own or use reserve technical facilities subject to registration, management and arrangement in reserve units.

Article 3.Principles of building and mobilizing the military reserve force

1. Complying with the Constitution and laws of the Socialist Republic of Vietnam; being placed under the absolute, direct and all-sided leadership of the Communist Party of Vietnam, the supreme command of the President, the centralized and unified management of the Government, and the command and direction of the Minister of National Defense.

2. Building the military reserve force which is politically, ideologically and organizationally firm and strong, has high combat capacity, and is well managed.

3. Mobilizing the concerted strength of the entire population.

4. Closely combining socio-economic development with national defense and security strengthening; being suitable to the national socio-economic development conditions.

5. Building and mobilizing reserve units with adequate quantity and reserve technical facilities; strictly complying with set standards and time frames; ensuring confidentiality and safety according to law and approved plans.

6. Applying scientific, technical and technological advances to building and mobilizing the military reserve force.

Article 4.Responsibilities of reserve army men arranged in reserve units

1. Reserve army men arranged in reserve units have the following responsibilities:

a/ To take medical checks;

b/ To abide by orders on calling up for training, exercises or mobilization and combat readiness inspections;

c/ To follow the regime of daily-life activities of reserve units and perform the tasks assigned by commanders;

d/ To abide by orders of mobilization for supplementation to the permanent force of the People’s Army.

2. Reserve army men holding command posts in reserve units have the following responsibilities:

a/ To comply with Clause 1 of this Article;

b/ To grasp the number and quality of their units; to maintain their units’ activities according to the prescribed regime and comply with the reporting regime;

c/ To manage and command their units upon training, exercises and mobilization and combat readiness inspections;

d/ To manage and command their units for supplementation to the permanent force of the People’s Army.

Article 5.Rights and obligations of reserve technical facility owners, operators and drivers

1. Reserve technical facility owners are obliged to abide by decisions on mobilization of reserve technical facilities; have their reserve technical facilities returned, and receive all expenses and compensations for damage caused by the mobilization of reserve technical facilities.

2. Reserve technical facility operators and drivers are obliged to abide by mobilization decisions; are entitled to the regimes and policies prescribed by this Law.

Article 6.Compensation for damage caused by the mobilization of reserve technical facilities

1. Reserve technical facility owners shall be compensated for damage in the following cases:

a/ Reserve technical facilities are damaged, lost or destroyed;

b/ Suffering income loss caused directly by the mobilization of reserve technical facilities.

2. Persons competent to decide on the mobilization of reserve technical facilities shall effect the damage compensation. The compensation levels and payment of compensation to reserve technical facility owners shall be the same as those for owners of acquisitioned property as prescribed by the law on compulsory purchase and acquisition of property.

In case the mobilized reserve technical facilities being state property assigned to state agencies or public non-business units are damaged, lost or destroyed, funds shall be allocated for their repair or for purchase of new ones in accordance with the law on the state budget.

Article 7.Acts prohibited in building and mobilizing the military reserve force

1. Dodging the performance of responsibilities of reserve army men or obligations of owners of reserve technical facilities mobilized.

2. Opposing or obstructing the building and mobilization of the military reserve force.

3. Mobilizing the military reserve force against the approved plans.

4. Taking advantage of or abusing the building and mobilization of the military reserve force to infringe upon the national interests or the lawful rights and interests of agencies, organizations or individuals.

5. Committing gender-based discrimination in building and mobilizing the military reserve force.

Chapter II

BUILDING, MOBILIZATION AND RECEIPT OF THE MILITARY RESERVE FORCE

Section 1

PLANS ON BUILDING, MOBILIZATION AND RECEIPT OF THE MILITARY RESERVE FORCE

Article 8.Competence to elaborate plans

1. The Ministry of National Defense shall assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment, other ministries, ministerial-level agencies and government-attached agencies in, elaborating state plans on building and mobilization of the military reserve force.

2. Ministries, ministerial-level agencies and government-attached agencies which are tasked to build and mobilize the military reserve force shall elaborate their plans on building and mobilization of the military reserve force.

Units of ministries, ministerial-level agencies or government-attached agencies which are tasked to build and mobilize the military reserve force shall elaborate their plans on building and mobilization of the military reserve force.

3. Provincial-level People’s Committees and district-level People’s Committees shall elaborate plans on building and mobilization of the military reserve force of their localities.

4. The Minister of National Defense shall prescribe the competence to elaborate plans on mobilization and receipt of the military reserve force of People’s Army units.

Article 9.Plan contents

1. Contents of a plan on building of the military reserve force include:

a/ Staff organization of reserve units;

b/ Management of reserve units;

c/ Recruitment and training of reserve officers;

d/ Training, exercises and mobilization and combat readiness inspections;

dd/ Party work and political work;

e/ Assurance of logistical, technical and financial issues.

2. Contents of a plan on mobilization of the military reserve force include:

a/ Notification of mobilization decisions or orders;

b/ Rally, transportation and handover of reserve army men and reserve technical facilities;

c/ Party work and political work;

d/ Assurance of logistical, technical and financial issues;

dd/ Commanding and administering the mobilization of the military reserve force;

e/ Protection work in the process of rallying, transporting and handing over reserve army men and reserve technical facilities.

3. Contents of a plan on receipt of the military reserve force include:

a/ Decision on performing the task of receiving the military reserve force;

b/ Receipt of reserve army men and reserve technical facilities;

c/ Party work and political work;

d/ Assurance of logistical, technical and financial issues.

Article 10.Plan appraisal and approval

1. The Ministry of National Defense shall assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment in, submitting state plans on building and mobilization of the military reserve force to the Prime Minister for approval.

2. The Ministry of National Defense shall appraise and the Prime Minister shall approve plans on building and mobilization of the military reserve force of ministries, ministerial-level agencies and government-attached agencies.

3. Military commands of ministries, ministerial-level agencies and government-attached agencies shall appraise, and ministers, heads of ministerial-level agencies or government-attached agencies shall approve plans on building and mobilization of the military reserve force of units under their respective management.

4. The Ministry of National Defense office shall appraise and the Minister of National Defense shall approve plans on mobilization and receipt of the military reserve force of military zones, and plans on building and mobilization of the military reserve force of the Hanoi Municipal People’s Committee.

5. The military zone offices shall appraise and the military zone commanders shall approve plans on building and mobilization of the military reserve force of provincial-level People’s Committees.

6. The Hanoi Capital High Command, the Ho Chi Minh City High Command and provincial-level military headquarters shall assume the prime responsibility for, and coordinate with planning and investment agencies of provincial-level People’s Committees and related agencies in, appraising, and the chairpersons of provincial-level People’s Committees shall approve plans on building and mobilization of the military reserve force of district-level People’s Committees.

7. The immediate superior agencies shall appraise and heads of these agencies shall approve plans on receipt of the military reserve force of their subordinate units in the People’s Army.

Article 11.Review, adjustment and elaboration of plans

1. Annually, agencies or units assigned to elaborate plans on building, mobilization and receipt of the military reserve force shall review such plans and propose competent authorities specified in Article 10 of this Law to decide on any adjustment thereto or elaboration of new plans in the cases prescribed in Clauses 2 and 3 of this Article.

2. Plans on building, mobilization or receipt of the military reserve force may be adjusted in case of content change which does not require elaboration of a new plan.

3. A new plan on building, mobilization or receipt of the military reserve force may be elaborated in the following cases:

a/ Change of quotas on reserve army men or reserve technical facilities by 30% or over;

b/ Change of localities handing over or units receiving reserve army men and reserve technical facilities.

Section 2

BUILDING OF THE MILITARY RESERVE FORCE

Article 12.Registration and management of reserve army men

1. Commune-level military commands or district-level military commands of localities where there are no commune-level administrative units shall register reserve army men for citizens residing in their localities.

Military commands of agencies or organizations shall register reserve army men for citizens working or studying at their agencies or organizations. If agencies or organizations have no military commands, their heads or lawful representatives shall organize the registration of reserve army men at their places of residence for citizens working or studying at their agencies or organizations.

2. Commune-level People’s Committees or district-level People’s Committees in localities where there are no commune-level administrative units shall manage reserve army men residing in their localities.

3. District-level military commands shall coordinate with agencies or organizations in the management of reserve army men working or studying at these agencies and organizations in their localities.

4. The Government shall prescribe the order and procedures for registration of army men as prescribed in Clause 1 of this Article.

Article 13.Registration and management of reserve technical facilities

1. Agencies registering the ownership of civil aviation, maritime or inland waterway craft of the Ministry of Transport and agencies registering official-duty fisheries ships and fisheries resources surveillance ships of the Ministry of Agriculture and Rural Development shall annually provide information on registration of reserve technical facilities for the Ministry of National Defense for registration and management.

2. Agencies registering the ownership of inland waterway craft and road motorized vehicles, and agencies managing information and communication equipment and medical supplies and equipment in localities shall annually provide information on registration of reserve technical facilities for the district-level People’s Committees in the places of residence of owners of these facilities for registration and management.

3. Commune-level People’s Committees, agencies and organizations shall annually report and provide information on reserve technical facilities other than those prescribed in Clauses 1 and 2 of this Article for the district-level People’s Committees in the places of residence of owners of these facilities or places where such agencies or organizations are headquartered for registration and management.

4. The Government shall prescribe the lists of reserve technical facilities and the registration and management thereof.

Article 14.Assignment of military reserve force building quotas

1. The Prime Minister shall assign military reserve force building quotas to ministries, ministerial-level agencies, government-attached agencies and provinces and centrally run cities.

2. Based on the Prime Minister-assigned quotas, the assignment of military reserve force building quotas is prescribed as follows:

a/ The Minister of National Defense shall decide on the size, organizational form and number of reserve units for ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees; decide on the military reserve force receipt quotas and determine the mobilization in a state of combat readiness for the People’s Army units;

b/ Ministers, heads of ministerial-level agencies and heads of government-attached agencies shall assign military reserve force building quotas for their respective agencies and units;

c/ Provincial-level People’s Committee chairpersons shall assign military reserve force building quotas for their attached agencies and units as well as district-level People’s Committees. District-level People’s Committee chairpersons shall assign military reserve force building quotas to commune-level People’s Committees.

Article 15.Organizational staff of reserve units

1. Reserve army men and reserve technical facilities already included in plans on supplementation to the permanent force of the People’s Army shall be organized into reserve units.

2. Reserve units shall maintain adequate numbers of reserve army men and reserve technical facilities, with a reserve rate of between 10% and 15% and a reserve quantity of weapons and technical equipment as assigned.

Article 16.Arrangement of reserve army men into reserve units

1. To arrange reserve army men qualified in health and military professions according to staff titles; to associate recruitment localities with mobilization localities; in case of lack of qualified reserve army men, to arrange reserve army men with military professions close to those required by staff titles.

2. To arrange reserve professional army men, non-commissioned officers and soldiers in the following order: reserve professional army men, non-commissioned officers and first-class reserve soldiers, then second-class reserve soldiers in case of shortage.

3. To arrange reserve army men first into reserve units of regular army units, then into local army units.

Article 17.Age groups of reserve army men arranged into reserve units in peacetime

1. The ages of reserve officers arranged into reserve units must comply with the Law on Officers of the Vietnam People’s Army.

2. The ages of reserve professional army men, non-commissioned officers and soldiers arranged into reserve units are prescribed as follows:

a/ Reserve professional army men aged not more than 40 years, and reserve non-commissioned officers and soldiers aged not more than 35 years shall be arranged into combat units;

b/ Reserve professional army men, non-commissioned officers and soldiers reserve aged not more than 45 years and reserve army women aged not more than 40 years shall be arranged into combat service units.

Article 18.Arrangement of reserve technical facilities into reserve units

Reserve technical facilities arranged into reserve units must have properties meeting the use requirements of each unit of the People’s Army; in case of non-availability of such facilities, reserve technical facilities with similar properties may be used.

Article 19.Competence to arrange reserve army men and reserve technical facilities into reserve units

Provincial-level People’s Committees and district-level People’s Committees shall assume the prime responsibility for, and coordinate with regular People’s Army units having military reserve force receipt quotas in, arranging reserve army men and reserve technical facilities into reserve units.

Article 20.Appointment, removal from office; demotion, dismissal; army rank conferment, promotion, demotion and deprival; stripping of army man titles, demobilization of reserve army men

1. The appointment and removal from office; demotion and dismissal; army rank conferment, promotion, demotion and stripping; and demobilization of reserve officers must comply with the Law on Officers of the Vietnam People’s Army.

2. The rank conferment and promotion and demobilization of reserve professional army men must comply with the Law on Professional Army Men, Defense Workers and Employees.

3. The appointment; demotion and dismissal; army rank conferment, promotion and demotion; stripping of army man titles and demobilization of reserve non-commissioned officers and soldiers must comply with the Law on Military Service.

Article 21.Recruitment and training of reserve officers

1. The Prime Minister shall decide on annual reserve officer training quotas.

2. Based on the Prime Minister’s decisions, the Minister of National Defense shall decide on the quantity of reserve officers to be trained for each category or discipline for implementation by ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees.

3. The Government shall prescribe the categories and standards of reserve officers for recruitment and training.

Article 22.Training, exercises, mobilization and combat readiness inspections of reserve army men, reserve technical facilities and reserve units

1. The Prime Minister shall decide on annual quotas of training, exercises, and mobilization and combat readiness inspections of reserve army men, reserve technical facilities and reserve units for ministries, ministerial-level agencies, government-attached agencies, provinces and centrally run cities.

2. Based on the Prime Minister’s decisions, the assignment of quotas of training, exercises and mobilization and combat readiness inspections of reserve army men, reserve technical facilities and reserve units is prescribed as follows:

a/ Ministers and heads of ministerial-level agencies or government-attached agencies shall assign quotas of training, exercises and mobilization and combat readiness inspection to agencies and units under their respective management;

b/ Provincial-level People’s Committee chairpersons shall assign quotas of training, exercises and mobilization and combat readiness inspection to district-level People’s Committees. District-level People’s Committee chairpersons shall further assign specific quotas to commune-level People’s Committees.

3. The calling up of reserve army men for training, exercises and mobilization and combat readiness inspections must comply with the Law on Officers of the Vietnam People’s Army, Law on Professional Army Men, Defense Workers and Employees, and Law on Military Service.

4. Reserve army men are entitled to postponement of training, exercises or mobilization and combat readiness inspections in the following cases:

a/ The time therefor coincides with the time for civil servant or public employee recruitment examinations; worker grade promotion examinations, civil servant and public employee rank promotion examinations; or academic term-end or course-end examinations, which is certified by agencies or organizations where they are working or studying;

b/ They suffer ailment or unexpected family or personal difficulties making them unable to participate, which is certified by commune-level People’s Committees or district-level People’s Committees of localities where there are no commune-level administrative units of the places where they reside or by agencies or organizations where they are working or studying.

5. Ministers, and heads of ministerial-level agencies or government-attached agencies shall decide on the mobilization for a definite time of reserve technical facilities already arranged in their respective reserve units to serve training, exercises or mobilization and combat readiness inspections.

Provincial-level People’s Committee chairpersons shall decide on the quantity and time of mobilization of reserve technical facilities already arranged in reserve units to serve training, exercises and mobilization and combat readiness inspections.

District-level People’s Committee chairpersons shall abide by provincial-level People’s Committee chairpersons’ decisions on mobilization of reserve technical facilities.

6. The training of reserve units of the Hanoi Capital High Command, Ho Chi Minh City High Command and provincial-level military headquarters shall be carried out at provincial-level military reserve force training establishments.

The training of reserve units other than those under the Hanoi Capital High Command, Ho Chi Minh City High Command or provincial-level military headquarters shall be stipulated by the Minister of National Defense.

7. The Government shall decide provincial-level military reserve force training establishments referred to in Clause 6 of this Article.

Article 23.Regime of daily-life activities of reserve army men

1. District-level People’s Committees shall organize daily-life activities for reserve army men holding reserve unit command posts of squad leader and the equivalent or higher post.

2. Commune-level People’s Committees or district-level People’s Committees of localities where there are no commune-level administrative units shall organize daily-life activities for reserve army men already arranged in reserve units.

3. The Minister of National Defense shall prescribe the forms, contents and time tables of daily-life activities of reserve army men.

Section 3

MOBILIZATION AND RECEIPT OF THE MILITARY RESERVE FORCE

Article 24.Cases of mobilization of the military reserve force

1. Upon order of general mobilization or limited mobilization.

2. Upon implementation of martial law.

3. Upon threat to national security or social order and safety but below the extent of declaration of a state of emergency.

4. For prevention, control and overcoming of consequences of catastrophes, natural disasters or dangerous epidemics.

Article 25.Mobilization of the military reserve force upon order of general mobilization or limited mobilization

1. The Prime Minister shall decide on the numbers of to-be-mobilized reserve army men and reserve technical facilities in ministries, ministerial-level agencies, government-attached agencies, provinces and centrally run cities.

2. Based on the Prime Minister’s decisions, the Minister of National Defense shall issue orders on mobilization of reserve units in each ministry, ministerial-level agency, government-attached agency, province or centrally run city.

3. Based on the Prime Minister’s decisions and the Minister of National Defense’s mobilization orders, the mobilization of the military reserve force is prescribed as follows:

a/ The competent persons defined in the Law on Officers of the Vietnam People’s Army, Law on Professional Army Men, Defense Workers and Employees or Law on Military Service shall decide to call up reserve army men for enlistment in the army;

b/ Ministers and heads of ministerial-level agencies or government-attached agencies shall decide to mobilize reserve technical facilities in reserve units set up by their ministries or agencies;

c/ Provincial-level People’s Committee chairpersons shall decide to mobilize reserve technical facilities in their localities; or decide to mobilize reserve technical facility operators and drivers if the People’s Army units do not have such operators or drivers.

District-level People’s Committee chairpersons shall organize the execution of decisions of provincial-level People’s Committee chairpersons on mobilization of reserve technical facilities and their operators and drivers.

Article 26.Mobilization of the military reserve force below the extent of general mobilization or limited mobilization

1. The military reserve force shall be mobilized below the extent of general mobilization or limited mobilization in the cases specified in Clauses 2, 3 and 4, Article 24 of this Law.

2. Provincial-level People’s Committee chairpersons shall decide to mobilize reserve army men and reserve technical facilities in the cases specified in Clauses 3 and 4, Article 24 of this Law.

District-level People’s Committee chairpersons shall organize the execution of decisions of provincial-level People’s Committee chairpersons on mobilization of reserve army men and reserve technical facilities.

3. Commanders of the People’s Army units assigned to manage localities under martial law shall decide to mobilize reserve army men and reserve technical facilities.

4. The Government shall detail this Article.

Article 27.Notification of military reserve force mobilization decisions and orders

1. Military reserve force mobilization decisions and orders shall be notified within prescribed time limits and accurately. The notification shall be carried out according to the administrative system from central to grassroots levels and from the Ministry of National Defense to military agencies at all levels and permanent units of the People’s Army.

2. The responsibility to notify military reserve force mobilization decisions and orders is prescribed as follows:

a/ The General Staff of the Vietnam People’s Army shall notify the Minister of National Defense’s orders on mobilization of reserve units to ministries, ministerial-level agencies, government-attached agencies, provincial-level People’s Committees, and units attached to the Ministry of National Defense, and direct the notification of mobilization orders to local military agencies and grassroots units of the People’s Army;

b/ Ministries, ministerial-level agencies and government-attached agencies shall notify military reserve force mobilization decisions of ministers, heads of ministerial-level agencies and heads of government-attached agencies to their respective units and direct the notification of mobilization decisions to grassroots units;

c/ Provincial-level People’s Committees shall notify military reserve force mobilization decisions of their chairpersons to their respective agencies, units, related mass organizations and district-level People’s Committees.

The Hanoi Capital High Command, Ho Chi Minh City High Command and provincial-level military headquarters shall notify their commanders’ orders on mobilization of reserve units and competent authorities’ orders to call up reserve officers for enlistment in the army to district-level military agencies;

d/ District-level People’s Committees shall notify their chairpersons’ decisions on mobilization of reserve army men to commune-level People’s Committees and related agencies or organizations.

District-level military agencies shall notify provincial-level People’s Committee chairpersons’ decisions on mobilization of reserve technical facilities and their superiors’ orders to call up reserve officers for enlistment in the army and district-level military commanders’ orders to call up reserve professional army men, non-commissioned officers and soldiers for enlistment in the army to commune-level People’s Committees and related agencies and organizations;

dd/ Commune-level People’s Committees or district-level People’s Committees of localities where there are no commune-level administrative units, agencies and organizations shall forward the calling-up orders of their superiors to every reserve army man and provincial-level People’s Committee chairpersons’ decisions on mobilization of reserve technical facilities to every reserve technical facility owner;

e/ Local military agencies and permanent units of the People’s Army tasked to hand over or receive the military reserve force shall notify each other of the handover and reception of the military reserve force.

3. The time limits for notification of decisions on mobilization of the reserve army men and orders on mobilization of reserve technical facilities shall be stated in military reserve force mobilization plans.

4. The Minister of National Defense shall prescribe the notification of decisions and orders on mobilization of the military reserve force.

Article 28.Rally, transportation, handover and receipt of the military reserve force

1. District-level People’s Committees, commune-level People’s Committees, agencies and organizations shall, within the ambit of their respective tasks and powers, rally, transport and hand over the military reserve force to permanent units of the People’s Army; and receive back the military reserve force after they fulfill their tasks.

2. Permanent units of the People’s Army shall receive the supplemented military reserve force; and hand over the military reserve force to People’s Committees of different levels, agencies or organizations after they fulfill their tasks.

3. Locations for rally of the military reserve force shall be determined by district-level People’s Committees. Locations for receipt of the military reserve force shall be determined by permanent units of the People’s Army.

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

Chapter III

REGIMES, POLICIES AND FUNDS FOR BUILDING AND MOBILIZATION OF THE MILITARY RESERVE FORCE

Article 29.Allowances for reserve army men appointed to command posts in reserve units

1. Reserve army men arranged in reserve units shall enjoy allowances.

2. Reserve army men appointed to hold the command post of squad leader and the equivalent or higher post in reserve units shall enjoy management allowances and no longer enjoy the allowances stated in Clause 1 of this Article.

3. The Government shall prescribe the allowance levels, eligibility conditions and enjoyment period.

Article 30.Regimes and policies applicable to reserve army men in the period of concentrated training, exercises or mobilization and combat readiness inspections, and mobilization below the extent of general mobilization or limited mobilization

1. The salary and allowance regimes for reserve army men are prescribed as follows:

a/ Reserve army men working or studying in agencies or organizations and being salaried by the state budget shall be fully paid with salaries, allowances, subsidies, welfare benefits, travel fares and allowances. In case their salaries and allowances are lower than the salaries and allowances applicable in the People’s Army, their People’s Army units shall pay the differences;

b/ Reserve army men other than those specified at Point a of this Clause shall be provided by the People’s Army units with a working day-based allowance based on the basic salaries of officers and professional army men in active service or equal to the allowance levels based on army ranks of non-commissioned officers and soldiers in active service; and travel fares and allowances like army men in active service.

2. Reserve army men shall be equipped with or may borrow military equipment and daily-life utensils and provided with meal allowances according to the current regimes applicable to officers, professional army men, non-commissioned officers and soldiers in active service.

3. Reserve army men working or studying in agencies or organizations, if being on annual leave and called up for training, exercises or mobilization and combat readiness inspections or mobilized below the extent of general mobilization or limited mobilization, shall enjoy their remaining days of annual leave after accomplishing their tasks or at appropriate time.

4. For reserve army men on duty who are injured or sacrifice their lives and recognized as war invalids or war martyrs, they themselves and their families shall be entitled to the regimes and policies under the law on preferential treatment of people with meritorious services to the revolution.

5. Reserve army men performing heavy, hazardous, dangerous jobs or extremely heavy, hazardous or dangerous jobs under the labor law shall be entitled to the regimes and policies like workers performing the same jobs.

6. Reserve army men participating in social insurance and health insurance and suffering ailment, accidents, death or working capacity decrease shall be entitled to the regimes and policies under the laws on social insurance and health insurance; in case of non-participation, they shall be entitled to the regimes and policies prescribed by the Government.

Article 31.Regime of subsidy to reserve army men’s families

Reserve army men’s families shall enjoy subsidies in the period of time the reserve army men rally for training, exercises or mobilization and combat readiness inspections or are mobilized below the extent of general mobilization or limited mobilization as prescribed by the Government.

Article 32.Regimes and policies applicable to reserve technical facility operators or drivers in the mobilization period

1. Reserve technical facility operators and drivers shall be supplied with meal allowances equivalent to those for infantry men; in case of illness, accidents, injuries, death or working capacity decrease or when performing heavy, hazardous, dangerous jobs or extremely heavy, hazardous or dangerous jobs under the labor law, they themselves and their families shall be entitled to the regimes and policies applicable to reserve army men.

2. Reserve technical facility operators and drivers salaried by state budget shall be fully paid with salaries, allowances, subsidies, welfare benefits, and travel fares and allowances; in case of not being salaried by the state budget, they will be paid remunerations by the People’s Army units for their working days calculated based on 3 successive months’ average income of the jobs they perform before being mobilized, and travel fares and allowances.

Article 33.Funding sources

1. State budget funds for building and mobilization of the military reserve force shall be included in annual expenditure estimates of ministries, ministerial-level agencies, government-attached agencies and localities in accordance with the law on the state budget.

2. Other lawful revenues.

Article 34.Funding for building and mobilization of the military reserve force

1. The Ministry of National Defense shall ensure funding for the following activities:

a/ Registration, management and medical checks of reserve army men; registration and management of reserve technical facilities;

b/ Training, exercises, and mobilization and combat readiness inspections of reserve units of the regular army and training to create sources of reserve officers;

c/ Ensuring equipment and facilities for mobilization command; building stations for receipt of reserve army men and reserve technical facilities of reserve units of the regular army;

d/ Reserving logistical and technical materials for the military reserve force of the regular army;

dd/ Paying compensations for damage to reserve technical facilities and other funds mobilized by People’s Army units for training, exercises or mobilization and combat readiness inspections;

e/ Mobilizing and transferring reserve technical facilities as supplementation to the permanent force of the People’s Army;

g/ Reserving military equipment for the military reserve force nationwide;

h/ Paying allowances to reserve army men as prescribed in Article 29 of this Law;

i/ Training, book and form printing, preliminary and final reviews, supply of material equipment to serve the building, mobilization and receipt of the military reserve force;

k/ Mobilizing and receiving the military reserve force.

2. Ministries, ministerial-level agencies and government-attached agencies shall pay for the following activities:

a/ Organizing and managing reserve units under assigned quotas;

b/ Training, exercises, and mobilization and combat readiness inspections of reserve professional units assigned by the Prime Minister; recruiting citizens for training of reserve officers;

c/ Mobilizing and handing over reserve units to the permanent force of the People’s Army;

d/ Reserving reserve technical facilities under the Prime Minister-assigned quotas;

dd/ Training, book and form printing, and supply of material equipment to serve the building and mobilization of the military reserve force.

3. Provincial-level People’s Committees shall pay for the following activities:

a/ Registering and managing reserve army men and reserve technical facilities;

b/ Training, exercises, and mobilization and combat readiness inspections of reserve units of the local army and training to create sources of reserve officers;

c/ Supplying equipment and facilities for mobilization command; building exercise fields and grounds as well as camps for training reserve units, building stations for receiving reserve army men and reserve technical facilities of the local army;

d/ Reserving logistical and technical materials for the military reserve force of the local army;

dd/ Paying compensations for damage to reserve technical facilities and other funds mobilized by provincial-level People’s Committees for training, exercises, or mobilization and combat readiness inspections or mobilization below the extent of general or limited mobilization;

e/ Mobilizing and handing over reserve units to the permanent force of the People’s Army;

g/ Mobilizing the military reserve force below the extent mobilization of general or limited mobilization;

h/ Paying subsidies to the reserve army men’s families in the period the reserve army men rally for training, exercises or mobilization and combat readiness inspections or are mobilized below the extent of general mobilization or limited mobilization;

i/ Implementing the regimes and policies for operators and drivers of mobilized reserve technical facilities as prescribed by this Law;

k/ Training, book and form printing, and supply of material equipment for building, mobilizing and receiving the military reserve force.

4. District-level People’s Committees shall pay for the following activities:

a/ Registration, management and medical checks of reserve army men; registration and management of reserve technical facilities; daily-life activities of reserve units;

b/ Supply of equipment and facilities for mobilization command, and construction of stations for rally of reserve army men and reserve technical facilities;

c/ Reserving logistical and technical materials for the military reserve force of the local army;

d/ Implementing the regimes and policies to operators and drivers of mobilized reserve technical facilities as prescribed by this Law;

dd/ Rally, transportation, handover and receipt of reserve army men and reserve technical facilities.

5. Commune-level People’s Committees, agencies and organizations shall ensure funds for registration, management, daily-life activities and medical checks of reserve army men; management of reserve technical facilities; rally, transportation, handover and receipt of reserve army men and reserve technical facilities.

Chapter IV

RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS IN BUILDING AND MOBILIZING THE MILITARY RESERVE FORCE

Article 35.Responsibilities of the Government

1. The Government shall perform the unified state management of the building and mobilization of the military reserve force.

2. Contents of state management of the building and mobilization of the military reserve force:

a/ Promulgating, submitting to competent authorities for promulgation, and organizing the implementation of, legal documents on building and mobilization of the military reserve force;

b/ Formulating, and organizing the implementation of, strategies, policies and plans on building and mobilization of the military reserve force;

c/ Developing, and organizing the implementation of, regimes and policies on building and mobilization of the military reserve force;

d/ Disseminating the Party’s line and viewpoints and the State’s policies and laws on building and mobilization of the military reserve force;

dd/ Conducting examination and inspection, handling violations, settling complaints and denunciations, organizing preliminary and final reviews, emulation and commendations related to the building and mobilization of the military reserve force.

Article 36.Responsibilities of the Ministry of National Defense

The Ministry of National Defense is accountable to the Government for performing the state management of the building and mobilization of the military reserve force and has the following responsibilities:

1. To submit to the Government or the Prime Minister for promulgation or to promulgate according to its competence legal documents on building and mobilization of the military reserve force;

2. To assume the prime responsibility for, and coordinate with other ministries, ministerial-level agencies and government-attached agencies in, formulating state strategies, policies and plans on building and mobilization of the military reserve force;

3. To coordinate with other ministries, ministerial-level agencies and government-attached agencies in elaborating plans on building and mobilization of the military reserve force;

4. To prescribe the size, organizational forms and quantity of reserve units;

5. To assume the prime responsibility for and coordinate in guiding ministries and central sectors and local administrations to build and mobilize the military reserve force;

6. To direct and guide army agencies and units to coordinate with local administrations in building, mobilizing and receiving the military reserve force;

7. To assume the prime responsibility for, and coordinate with other ministries, central sectors, local administrations and relevant agencies as well as organizations in, examining, inspecting, handling violations, settling complaints and denunciations, organizing preliminary and final reviews, and performing emulation and commendation work related to building and mobilization the military reserve force;

8. To assume the prime responsibility for, and coordinate with other ministries, ministerial-level agencies, government-attached agencies and People’s Committees at different levels in, establishing databases on registration and management of reserve army men and reserve technical facilities;

9. To perform other tasks of building and mobilizing the military reserve force as prescribed by law.

Article 37.Responsibilities of ministries, ministerial-level agencies and government-attached agencies

1. To coordinate with the Ministry of National Defense and related agencies and organizations in elaborating and implementing plans on building and mobilization of the military reserve force.

2. To direct and guide their attached units in building reserve professional units with adequate quantity and quality up to task requirements.

Article 38.Responsibilities of local administrations at different levels

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

a/ To decide on budgets for building and mobilization of the local military reserve force;

b/ To oversee the observance of the Constitution and laws and the implementation of resolutions of the People’s Councils in building and mobilizing the military reserve force.

2. Within the ambit of their tasks and powers, People’s Committees at different levels have the following responsibilities:

a/ To perform the state management of building and mobilization of the military reserve force in their respective localities;

b/ To assume the prime responsibility for, and coordinate with People’s Army units in, building, mobilizing and receiving the military reserve force.

Article 39.Responsibilities of the Vietnam Fatherland Front and its member organizations

The Vietnam Fatherland Front and its member organizations shall, within the ambit of their respective tasks and powers, disseminate, and mobilize the people to implement the law on military reserve force; and oversee the implementation of the law on the military reserve force.

Article 40.Responsibilities of agencies and organizations

Agencies and organizations where reserve army men are working or studying shall coordinate with localities in arranging time for them to rally for training, exercises and mobilization and combat readiness inspections and to perform tasks below the extent of general mobilization or limited mobilization; receive and arrange jobs for reserve army men after they return from training, exercises or mobilization and combat readiness inspections or fulfill their tasks.

Chapter V

IMPLEMENTATION PROVISIONS

Article 41.Effect

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

2. The August 27, 1996 Ordinance on the Military Reserve Force ceases to be effective on the date this Law takes effect.

This Law was passed on November 26, 2019, by the XIV^thNational Assembly of the Socialist Republic of Vietnam at its 8^thsession.-

Chairwoman of the National Assembly
NGUYEN THI KIM NGAN