Laws of Vietnam

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001 of the X^th National Assembly, the 10^th session;

Pursuant to Resolution No. 12/2002/QH11 of December 16, 2002 of the XI^th National Assembly, the 2^nd session, on the law- and ordinance-making programs for the XI^th Legislature (2002-2007) and 2003,

This Ordinance provides for the militia and self-defense force.

Chapter I

GENERAL PROVISIONS

1. The militia and self-defense force is a mass armed force not divorced from production and work, constituting a part of the People's Armed Forces of the Socialist Republic of Vietnam, placed under the leadership of the Communist Party of Vietnam, the management and administration of the Government and the People's Committees of all levels, the uniform direction and command of the Minister of Defense as well as the direction and direct command of local military offices.

This force, if being organized in communes, wards and district townships, is called militia force; if being organized in State agencies, non-business units, economic organizations, political organizations and socio-political organizations (hereinafter referred collectively to as agencies and organizations) is called self-defense force.

2. The militia and self-defense force is composed of the core militia and self-defense force and mass militia and self-defense force.

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

1. Vietnamese citizens, regardless of their ethnic groups, religions, social classes, educational levels or professional qualifications, aged between full 18 and full 45 years for men, between full 18 and full 40 years for women, shall have the obligation to join the militia or self-defense force, except for cases prescribed in Clause 2 of this Article.

2. The ages of militia commanders in deep-lying, remote, border and island communes may be older but must not exceed 50 for men and 45 for women.

1. In April every year, citizens who are full 18 years old must go to the People's Committees of the communes, wards or district townships (hereinafter referred to as the commune-level People’s Committees) where they reside or to agencies or organizations where they work to register for militia and self-defense service.

2. Those who fully satisfy the following criteria shall be recruited into the core militia and self-defense force:

a/ Having clear backgrounds;

b/ Having good political and moral qualities;

c/ Being physically fit to serve in the militia and self-defense force.

3. The management and recruitment of the core militia and self-defense force shall be prescribed by the Government.

1. The term of service in the core militia force is 5 years; for the core militia force in deep-lying, remote, border and island communes, such term may be extended, but must not exceed 3 years.

2. The term of service in the core self-defense force is 5 years; depending on the practical conditions and requirements of agencies or organizations, such term may be extended to the end of the age bracket prescribed in Clause 1, Article 2 of this Ordinance.

3. Upon the expiration of the service term prescribed in Clauses 1 and 2 of this Article, citizens who participate in the core militia and self-defense force shall be granted certificates of fulfillment of the militia and self-defense obligation; if they are still in the age bracket prescribed in Clause 1, Article 2 of this Ordinance, they shall be considered for registration into the mobilization reserve force according to law provisions or transferred to the mass militia and self-defense force.

1. The Government shall perform the uniform State management over the militia and self-defense force nationwide.

2. The Ministry of Defense shall assist the Government in performing the State management over the organization, building and operation of the militia and self-defense force; direct, guide, urge and examine the organization, building and operation of the militia and self-defense force by ministries, ministerial-level agencies, Government-attached agencies, People's Committees of all levels as well as agencies and organizations.

The military zone commanders shall assist the Ministry of Defense in directing, guiding and examining the implementation of the militia and self-defense work by the provinces and centrally-run cities in the military zones.

3. The ministries, ministerial-level agencies and Government-attached agencies shall, within the ambit of their respective tasks and powers, have to coordinate with the Ministry of Defense in performing the State management over the militia and self-defense force; monitor and urge grassroots units to build the self-defense force according to local military offices' plans; and settle matters related to organization, building and operation of the militia and self-defense force.

4. The People's Committees of all levels shall, within the ambit of their respective tasks and powers, perform the State management over the organization, building and operation of the militia and self-defense force; direct branches and military offices of the same levels to perform tasks related to the organization, building and operation of the militia and self-defense force at the orders of the superior military offices; and implement regimes and policies towards the militia and self-defense force.

5. Local military offices shall coordinate with the concerned agencies in assisting the People's Committees of the same levels in performing the State management over the militia and self-defense force.

Commanders of military offices of the provinces and centrally-run cities, rural/urban districts, provincial towns and cities, communes as well as agencies and organizations shall be held responsible before the superior military offices and the People's Committees of the same levels for directing and commanding the militia and self-defense force in its organization, building and operation.

1. The commune-level People's Committees, agencies and organizations shall have to organize the militia and self-defense force.

2. The organization of the self-defense force in non-State enterprises shall be prescribed by the Government.

The militia and self-defense force shall have the following tasks:

1. To stand ready for combat, to combat, render combat services and act as the core in fighting together with the entire population against the enemy to defend their localities and establishments;

2. To coordinate with the army, public security and other forces in defending the national independence, sovereignty, territorial integrity, political security as well as social order and safety; in defending the Party, the socialist regime, the administration, the people's life and property, the property of the State and grassroots organizations, life and property of foreigners, defense and security targets and works in localities;

3. To act as a shock force in defending the production, preventing, fighting and overcoming of the consequences of, natural disasters, enemy sabotage and other serious incidents;

4. To mobilize people to observe the Party's line and undertakings as well as the State's policies and laws; to actively implement socio-economic development programs in localities, contributing to building comprehensively strong grassroots units;

5. To perform other tasks prescribed by law.

1. Officers and men of the militia and self-defense force shall have to strictly observe the law provisions on militia and self-defense force.

2. Officers and men of the core militia and self-defense force may wear insignia and uniforms prescribed by the Government.

Article 9.- Vietnam Fatherland Front and its member organizations, agencies, organizations, people's armed force units and all citizens shall have to build the militia and self-defense force.

1. The organization and use of the militia and self-defense force in contravention of this Ordinance's provisions are strictly prohibited.

2. Those who commit acts of shirking, obstructing or opposing the organization, building or operation of the militia and self-defense force shall, depending on the nature and seriousness of their violations, be administratively sanctioned or examined for penal liability; if causing damage, they must pay compensations therefor according to law provisions.

Chapter II

ORGANIZATION, PAYROLL, WEAPONS, EQUIPMENT, TRAINING AND OPERATION OF THE MILITIA AND SELF-DEFENSE FORCE

Section 1. ORGANIZATION, PAYROLL, WEAPONS AND EQUIPMENT

Article 11.- The organization, payroll, weapons and equipment of the militia and self-defense force must conform to the characteristics and requirements of the defense and security tasks in the peace time and war time, the political, economic, cultural and social characteristics as well as practical conditions of each locality or grassroots unit.

1. The militia and self-defense force is organized as follows:

a/ The core militia and self defense force is composed of the infantry militia and self-defense force, the service militia and self-defense force and the sea militia and self-defense force, organized into mobile and on-spot forces; for communes in key localities requiring high combat readiness, the organization of stand-by militia and self-defense force shall be considered;

b/ The mass militia and self-defense force comprises the core militia and self-defense officers and men who have fulfilled their militia and self-defense service and citizens in the age bracket prescribed in Clause 1, Article 2 of this Ordinance.

2. The size and organizational structure of the militia and self-defense force shall be prescribed by the Government.

Article 13.- Reserve armymen already enlisted into the mobilization reserve units shall not be included in the militia and self-defense force's payroll.

1. The command system of the militia and self-defense force is composed of:

a/ Squad leaders and the like;

b/ Platoon leaders and the like;

c/ Company commanders and the like;

d/ Battalion commanders and the like;

e/ Village militia command and the like;

f/ Commune militia commands and military commands of agencies and organizations.

2. Major commanding positions of the militia and self-defense force include:

a/ Squad leaders and the like;

b/ Platoon leaders and the like;

c/ Company commanders and the like;

d/ Battalion commanders and the like;

e/ Village militia commanders and the like;

f/ Commanders and political commissars of commune militia force, and chiefs of military commands of agencies and organizations.

1. Commune militia command and military commands of agencies or organizations shall have to advise the commune-level People's Committees and the heads of agencies or organizations on organizing and directing the defense and military work; direct and command the militia and self-defense force in its building and operation.

2. A commune militia command is composed of the commander being member of the commune People's Committee, a political commissar being a part-timer, a deputy-commander being a full-timer. The commune militia commanders must go through trainings with curricula, contents and time prescribed by the Government.

The commune militia commands have their offices and necessary equipment in service of their work suitable to each locality.

3. The military command of an agency or organization is composed of the commander being the head of such agency or organization or a deputy-head, or a person appointed by the head of the agency or organization, a political commissar being a part-timer, deputy-commander being a full-timer or part-timer.

4. The appointment, relief from duty or dismissal of militia and self-defense commanders or officials performing the defense or military work in communes, wards and district townships as well as agencies and organizations shall be prescribed by the Government.

Article 16.- Weapons and equipment of the militia and self-defense force from any source must be registered, strictly managed and used for the right purposes and in strict accordance with law provisions.

Section 2. POLITICAL EDUCATION AND MILITARY TRAINING

Article 17.- Annually, officers and men of the core militia and self-defense force shall be provided with political education and military training according to the contents and curricula prescribed by the Ministry of Defense.

1. The annual political education and military training duration for officers and men of the militia and self-defense force is prescribed as follows:

a/ Ten days for commune militia commanders, political commissars, deputy-commanders and full-time officials performing the defense or military work in agencies and organizations; seven days for military command officials and part-timers performing the defense or military work in agencies and organizations, as well as militia and self-defense force commanders of from squad to battalion ranks;

b/ Ten days for the first-year militia and self-defense force members and the second-year-on infantry militia and self-defense force members in mobile force, service militia and self-defense force and sea militia and self-defense force members; seven days for on-spot infantry militia and self-defense force members who have served from the second year on; and sixty days for stand-by militia force members;

c/ The political education and military training duration for the mass militia and self-defense force shall not exceed 5 days and such education and training shall be carried out only at orders of the superior military offices.

2. In case of necessity or war, political education and military training duration for the subjects prescribed in Clauses 1 and 2 of this Article may be prolonged according to the Government's regulations.

Section 3. OPERATION OF THE MILITIA AND SELF-DEFENSE FORCE

Article 19.- The militia and self-defense force's activities in combat readiness, fighting, combat service, protection of political security as well as social order and safety are placed under the leadership of the Party Committees and the administration of the presidents of the People's Committees of all levels, the direction and direct command of the commune militia offices or the military commands of agencies, organizations, and superior military offices.

The commune militia offices and the military commands of agencies or organizations must draw up combat-security plans directly approved by the military agencies of the rural/urban districts, provincial towns or cities.

The elaboration and approval of the combat-security plans by the self-defense force in non-State enterprises shall be prescribed by the Ministry of Defense.

Article 21.- The presidents of the commune-level People's Committees and the heads of agencies and organizations must implement the political education, military training and combat-security plans of the militia and self-defense force to meet the task requirements in all circumstances.

Article 22.- Upon the competent military commanders' order to mobilize the militia and self-defense force for the task of combat, combat service or the protection of political security, social order and safety outside the provinces or centrally-run cities, rural/urban districts or provincial towns or cities, the presidents of the People's Committees or the heads of agencies or organizations must strictly abide by such orders.

Chapter III

REGIMES AND POLICIES TOWARDS THE MILITIA AND SELF-DEFENSE FORCE

Article 23.- The regime of unit-management responsibility allowance for militia and self-defense officials and commanders shall be prescribed by the Government.

1. The core militia officers and men, while performing their tasks on competent authorities' orders, shall be entitled to the following regimes:

a/ Allowances calculated on the number of workdays with amounts prescribed by the People's Committees of the provinces or centrally-run cities (hereinafter referred to as the provincial-level People's Committees), which, however, shall not be lower than 0.04 of the minimum wage; if they perform their tasks at night time from 22 hrs. to 6 hrs., such allowances shall be doubled; if they perform their tasks in places where exist dangerous or hazardous elements, they shall enjoy the regime prescribed in Article 104 of the Labor Code;

b/ When they perform their tasks of combat readiness in key localities prescribed at Point a, Clause 1, Article 12 of this Ordinance, they shall enjoy a daily allowance equal to 0.06 of the minimum wage and free lodgings, but not enjoy the regime prescribed at Point a, Clause 1 of this Article;

c/ When they perform their tasks at places far from their residence places and cannot travel to and from there every day, they shall be provided with free lodgings, travel means or expense support or payment for a return ticket by the military offices which issue the mobilization decisions; they shall be provided with meal expense support at the levels prescribed by the provincial-level People's Committees.

2. The self-defense officers and men shall, while performing their tasks on competent authorities' orders, enjoy full pay as well as welfare and travel allowances by agencies or organizations where such officers or men work according to the current regulations.

1. The core militia and self-defense officers and men shall be exempt from annual public-labor obligation.

2. For the mass militia or self-defense members who are mobilized to perform defense and military tasks or participate in salvage, rescue or overcoming of the consequences of natural disasters or enemy sabotage, the duration for performance of such tasks shall be included in the annual public-labor obligation duration; if such duration is longer than the annual public-labor obligation duration, the excess duration shall be counted for enjoyment of workday allowances as prescribed by the provincial-level People's Committees.

3. Women in the age bracket for participation in the militia and self-defense force, who are pregnant or nursing their under-36 month children, shall be exempt from the militia and self-defense service.

4. Militia and self-defense officers and men who are working under labor contracts in agencies or organizations shall, during the political education or military training time, be temporarily suspended from the performance of labor con-tracts according to the Government's regulations.

1. Militia and self-defense officers and men, who get sick during the training or the performance of their tasks, but have not yet participated in medical insurance, shall be paid medical examination or treatment expenses; in cases where they get accidents which reduce their working capacity, they shall be considered for allowances, depending on the extent of working-capacity reduction; if they die, death and funeral allowances shall be entitled as for social insurance participants.

2. Militia and self-defense officers and men performing the tasks prescribed in Clauses 1, 2 and 3, Article 7 of this Ordinance, if being injured and having their working capacity reduced by 21% or more, shall be considered for enjoyment of policies like war invalids, if they die, they shall be considered for recognition as war martyrs.

Funding for militia and self-defense officers and men prescribed in this Article shall be prescribed by the Government.

Annual funding for building, training and operation of the militia and self-defense force includes:

1. The State budget (central budget and local budgets);

2. Revenues of non-business units, economic organizations and other organizations with revenues;

3. Defense and security fund;

4. Other sources prescribed by law.

1. Annual funding for building, training and operation of the militia or self-defense force in communes, wards and townships or agencies and organizations is prescribed as follows:

a/ Expense for the militia force shall be covered by annual local budgets;

b/ Expense for the self-defense force shall be covered by annual funding of agencies or organizations; for economic organizations, such expense shall be included in production/business management cost according to law provisions;

c/ Expenses for militia or self-defense units which are mobilized to perform extraordinary tasks shall be paid by competent authorities issuing the mobilization orders;

d/ Expenses for responsibility allowances paid to militia and self-defense commanders prescribed in Article 23 of this Ordinance shall be covered by annual local budgets.

2. Funding for building, training and operation of the stand-by militia force prescribed at Point a, Clause 1, Article 12 of this Ordinance shall be covered by local budgets.

3. Funding for scientific research and compilation of curricula, teaching courses and documents, and the building of a number of models of militia and self-defense training instruments shall be prescribed by the Government.

Article 29.- Basing themselves on the People's Councils' resolutions, the People's Committees shall coordinate with the Fatherland Front Committees of the same levels in mobilizing mass organizations, economic organizations, social organizations and people to make their contributions according to their capability and in appropriate forms to the setting up of local defense and security funds; agencies and organizations shall mobilize their laborers to make contributions to the setting up of the defense and security funds.

The presidents of the People's Committees of all levels shall have to promulgate regulations on strict management of the use of such funds.

Chapter IV

IMPLEMENTATION PROVISIONS

This Ordinance takes effect as from January 1, 2005.

This Ordinance replaces the January 9, 1996 Ordinance on Militia and Self-Defense Force.

Article 31.- The Government shall detail and guide the implementation of this Ordinance.

On behalf of the National Assembly Standing Committee
Chairman
NGUYEN VAN AN