Law on the Military Reserve Force, Law No. 53/2019/QH14

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ATTRIBUTE Law on the Military Reserve Force

Law on the Military Reserve Force, No. 53/2019/QH14 dated November 26, 2019 of the National Assembly
Issuing body: National Assembly of the Socialist Republic of VietnamEffective date:
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Official number:53/2019/QH14Signer:Nguyen Thi Kim Ngan
Type:LawExpiry date:Updating
Issuing date:26/11/2019Effect status:
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Fields:National Security

SUMMARY

Reserve army man is entitled to postponement of training if suffering unexpected family

Accordingly, the Law on the Military Reserve Force No. 53/2019/QH14 passed by the National Assembly on November 26, 2019, stipulating a number of cases of reserve army men being postponed entitled to postponement of training, exercises or mobilization and combat readiness inspections.

Firstly, when the time therefor coincides with the time for civil servant or public employee recruitment examinations; or academic term-end or course-end examinations…, which is certified by agencies or organizations where they are working or studying.

Secondly, when they suffer ailment or unexpected family or personal difficulties making them unable to participate, which is certified by commune-level administrative units of the places where they reside or by agencies or organizations where they are working or studying.

During the training, exercises or mobilization and combat readiness inspections period, 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.

Reserve army men other than those mentioned above 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.

This Law takes effect on July 01, 2020.

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TTXVN

THE NATIONAL ASSEMBLY

No. 53/2019/QH14

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

 

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 force is 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 army men 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 facilities include 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 unit means 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 professional units 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 profession means a profession relevant to a staff title in the People’s Army.

7. Mobilization of the military reserve force means 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 owners include 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.

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