VIETNAM LEGAL DOCUMENTS

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Law 43/2009/QH12 23/11/2009 Militia and self-defense forces
Law 43/2009/QH12 23/11/2009 
THE NATIONAL ASSEMBLY
No: 43/2009/QH12
 
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Ha Noi, day 23 month 11 year 2009                          
 

LAW

ON MILITIA AND SELF-DEFENSE FORCES

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;
The National Assembly promulgates the law on Militia and Self Defense Forces
.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides for the obligation to join militia and self-defense forces: the organization, tasks and operations of militia and self-defense forces, regimes and policies for militia and self-defense forces and state management responsibilities for militia and self-defense forces.

Article 2. Subjects of application

1. Vietnamese citizen, agencies and organizations.

2. Foreign organizations and individuals residing and operating in the territory of the Socialist Republic of Vietnam related to the organization and operation of militia and self-defense forces.

Article 3. Position and functions of militia and self-defense forces

Militia and self-defense forces are mass armed forces not detached from production and work and constitute a part of the people's armed forces of the Socialist Republic of Vietnam. They shall protect the Party, the administration, the lives and property of people and property of the State, act as core forces together with the entire people to fight enemies in their localities and workplaces when a war breaks out. These forces, if organized in communes, wards and townships (below referred collectively to as communes), are called militia: if organized in state agencies, political organizations, socio-political organizations, non-business units and economic organizations (below referred collectively to as agencies and organizations), are called self-defense forces.

Article 4. Composition of militia and self-defense forces

1. Militia and self-defense forces include the core militia and self-defense force and mass militia and self-defense force.

2. The core militia and self-defense forces comprise:

a/ Mobile militia and self-defense force:

b/ On-site militia and self-defense force:

c/ Marine militia and self-defense force:

d/ Air defense, artillery, engineer, reconnaissance, communication, chemical warfare and medical militia and self-defense forces.

Article 5. Interpretation of terms

In this Law. the terms and phrases below are construed as follows:

1. Core militia and self-defense force means a force of citizens in the age group to perform the obligation to join militia and self-defense forces recruited to serve for a specified period in militia and self-defense units.

2. Mobile militia and self-defense force means a force within the core militia and self-defense force organized into mobile units ready to perform tasks in different geographical areas upon commands of competent authorities.

3. On-site militia and self-defense force means a force within the core militia and self-defense force organized and operating in hamlets, villages and street quarters (below collectively referred to as villages) and in agencies and organizations to perform tasks on site, ready to reinforce the mobile militia and self-defense force.

4. Marine militia and sell-defense force means a force within the core militia and self-defense force organized in coastal communes, island communes and in agencies and organizations with vessels operating at sea to perform tasks on Vietnam's sea areas.

5. Standing militia and self-defense force means the core militia and self-defense force standing ready for combat in key defense and security geographical areas.

6. Mass militia and self-defense force means the force consisting of citizens in the age group to perform the obligation to join militia and self-defense forces who have been registered and managed to be ready to expand the forces and be mobilized upon commands of competent authorities.

7. Expansion of militia and self-defense forces means a measure for increasing the payroll and organization of militia and self-defense forces to meet the requirements of defense and security tasks upon commands of competent authorities.

Article 6. Principles on the organization and operation of militia and self-defense forces

1. Militia and self-defense forces are placed under the leadership of the Communist Party of Vietnam, the command of the President, the management and administration of the Government, directly under the leadership and direction of Party committees and local administrations at all levels: the uniform command of the Minister of National Defense and the direct command of commanders of local military agencies.

2. The organization and operation of militia and self-defense forces must abide by the Constitution and the laws: rely on the people and promote the aggregate strength of the entire people and the political system to perform their tasks.

3. The organization and payroll of militia and self-defense forces must be based on the requirements of defense and security tasks and linked with their geographical areas and tasks of their production units or workplaces: ensure convenience for direction, management and command work and conformity with the socio­economic conditions of each locality.

Article 7. Oversight of the implementation of the law on militia and self-defense forces

1. The National Assembly. National Assembly agencies, delegations of National Assembly deputies. National Assembly deputies. People's Councils and People's Council deputies shall, within the ambit of their respective tasks and powers, oversee the implementation of the law on militia and self-defense forces.

2. The Vietnam Fatherland Front and its member organizations shall conduct propaganda and mobilize people of all strata to participate in building militia and self-defense forces: and shall oversee operations of militia and self-defense forces.

Article 8. Tasks of militia and self-defense forces

1. To stand ready for combat, to combat and render combat services to defend their localities and worplaces; to collaborate with border guard, navy and marine police units and other forces in defending the national sovereignty and border security and the sovereignty and sovereign rights on Vietnam's sea areas.

2. To collaborate with People's Army and People's Public Security units and other forces in localities in participating in building the all-people defense and defense zones: in maintaining political security as well as social order and safety, in protecting the Party, the administration.

The lives and property of people and the property of the State:

3. To perform the tasks of preventing and fighting, and overcoming consequences of, natural disasters and epidemics, search and rescue, protecting forests and preventing and fighting forest fires and protecting the environment and other civil defense tasks:

4. To conduct propaganda and mobilize people to implement the Party's line and policies and the State's laws on defense and security: to participate in building up a comprehensively strong grassroots and in the construction and socio-economic development of localities and establishments.

5. To study politics and law and attend military training and exercises.

6. To perform other tasks as prescribed by law.

Article 9. Age group to perform the obligation to join militia and self-defense forces in peacetime

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

Article 10. Term of service in the core militia and self-defense force in peacetime

1. The term of service in the core militia and self-defense force is 4 years.

2. Based on the practical situation, the nature of tasks and work requirements, the term of service in the core militia and self-defense force may be prolonged for not more than 2 years for militiamen or for a longer period for self-defense members and commanders of militia and self-defense units until they reach the age limits specified in Article 9 of this Law.

3. 3. Chairpersons of commune-level People's Committees and heads of agencies or organizations shall decide to prolong the term of service in the core militia and self-defense force under Clause 2 of this Article.

Article 11. Criteria and selection for recruitment into the core militia and self-defense force

1. Vietnamese citizens who fully satisfy the following criteria may be recruited into the core militia and self-defense force:

a/ Having a clear personal record;

b/ Having properly observed the Party's line and policies and the State's laws:

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

2. Those who fully meet the criteria specified in Clause 1 of this Article and are capable of operating at sea may be recruited into the marine militia and self-defense force.

3. Recruitment into the core militia and self-defense force is provided as follows:

a/ Ensuring publicity, democracy and equality:

b/ Annually, the military commands of districts, towns or provincial cities (below collectively referred to as district level) shall direct and guide commune-level military commands, military commands of grassroots agencies and units or self-defense units in agencies or organizations without military commands in planning and carrying out the selection and recruitment of qualified citizens into the core militia and self-defense force in accordance with the situation of the geographical area, population and socio-economic conditions and the requirements of defense and security tasks in each locality or establishment;

c/ Chairpersons of commune-level People's Committees or heads of agencies or organizations shall decide on the lists of core militiamen or self-defense members.

4. Reserve army men not yet enlisted into mobilization reserve units shall be arranged in militia or self-defense units.

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

Article 12. Postponement of. exemption from or termination ahead of time of the performance of the obligation to join the core militia and self-defense force in peacetime.

1. To postpone the performance of the obligation to join the core militia and self-defense force in the following cases:

a/ Women who are pregnant or nursing a under-36-month child;

b/ Being physically unfit as concluded by a commune- or higher-level health establishment;

c/ Having the spouse who is an officer, professional army man, non-commissioned officer or a soldier currently serving in the People's Army or People's Public Security Force:

d/ Being the sole breadwinner in a poor household;

e/ Persons who are learning at general school, professional secondary school, vocational intermediate school, college, vocational college, university or academy.

2. To exempt from performing the obligation to join the core militia and self-defense force in the following cases:

a/ Spouses or children of fallen heroes; spouses or children of class-1 war invalids or diseased soldiers; spouses or children of orange agent victims who have lost their working capacity;

b/ Reserve army men already arranged in mobilization reserve units:

c/ Caretakers of those who have lost 81 % or more of their working capacity.

3. If volunteering, those specified at Points c and d. Clause 1. and Point a. Clause 2 of this Article, may be considered and recruited into the core militia and self-defense force.

4. Core militiamen and self-defense members may be allowed to stop their service ahead of time in the following cases:

a/ Because of health decline as concluded by a commune- or higher-level health establishment, they are unable to complete their service in the core militia and self-defense force;

b/ Because of unexpected difficult familial circumstances, they have no condition to complete their service in militia and self-defense forces.

5. Chairpersons of commune-level People's Committees or heads of agencies or organizations may decide on the postponement of. Exemption from or termination ahead of time of the performance of the obligation to join the core militia and self-defense force.

Article 13. Registration and management of militia and self-defense forces

1. In April every year, chairpersons of commune-level People's Committees or heads of agencies or organizations shall organize first-time registration for citizens in the eligible age group to join militia and self-defense forces.

2. Commune-level military commands and military commands of grassroots agencies and organizations shall make plans for the registration and management of the mass militia and self-defense force.

3. Before leaving their communes, core militiamen and self-defense members shall report to their direct commanders for management and mobilization when necessary.

4. When changing their places of residence or workplaces for 3 or more months, core militiamen and self-defense members shall report the change to the commune-level military commands of their places of residence or military commands of their grassroots agencies or organizations or the commanders of their self-defense units, in case there is no such military command; when arriving at their new places of residence or workplaces, they shall register themselves with the commune-level People's Committees or their new agencies or organizations for performing the obligation to join militia and self-defense forces.

Article 14. Fulfillment of the obligatory service in the core militia and self-defense force in peacetime

1. Citizens who have fulfilled their obligatory service in the core militia and self-defense force shall be issued certificates of fulfillment of the obligatory service in the core militia and self-defense force by chairpersons of commune-level People's Committees or heads of agencies or organizations.

2. Citizens who have fulfilled their obligatory service in the core militia and self-defense force but are still in the age group specified in Article 9 of this Law shall be transferred to the mass militia and self-defense force or registered themselves as reserve army men in accordance with law.

Article 15. Traditional day of militia and self-defense forces

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

2. The Minister of National Defense shall guide the form and scope of organization of the celebration of the traditional day of militia and
self-defense forces.

3. The People's Committees at all levels and agencies and organizations shall direct and organize the celebration of the traditional day of militia and self-defense forces.

Article 16. Prohibited acts

1. To illegally organize, train and use militia and self-defense forces.

2. To dodge service in the core militia and self-defense force: to oppose and obstruct the organization, training and operation of militia and self-defense forces.

3. To impersonate as core militiaman and self-defense member.

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

5. To illegally produce, trade in. stockpile or use weapons, explosive materials, support instruments, technical equipment, uniforms, stars and caps and insignias of militia and self-defense forces.

6. Other illegal acts related to the organization and operation of militia and self-defense forces.

Chapter II

ORGANIZATION. PAYROLL. WEAPONS AND EQUIPMENT OF MILITIA AND SELF-DEFENSE FORCES

Article 17. Organization of militia and self-defense forces

1. The organization of militia and self-defense units is as follows:

a/ Group:

b/ Squad:

c/ Platoon:

d/ Company, flotilla:

e/ Battalion, fleet.

2. The organization of grassroots military commands is as follows:

a/ Village militia unit:

b/ Commune-level military command:

c/ Military commands of grassroots agencies or organizations which have self-defense forces, the reserve mobilization force and human resources ready for enlistment as prescribed by law.

3. Military commands of ministries ministerial-level agencies, government-attached agencies, central Party commissions, the National Assembly Office, the President Office the State Audit Office of Vietnam, the Supreme People's Procuracy, the Supreme People's Court, central agencies of socio-political organizations slate economic groups and corporations established under decisions of the Prime Minister (below collectively referred to as military commands of ministries and central branches).

Article 18. Scope of organization of militia and self-defense forces

1. The scope of organization of militia and self-defense forces is provided as follows:

a/ On-site militia groups, squads or platoons shall be organized in villages:

b/ Mobile militia platoons shall be organized in communes, possibly with scout, communication, engineer, chemical warfare or medical groups or squads depending on task requirements. In key defense and security communes, standing militia squads shall be organized in their mobile militia platoons. In coastal and island communes, marine militia squads or platoons shall he organized:

c/ Agencies and organizations shall organize sell-defense squads, platoons, companies or battalions. Those with vessels operating at sea shall organize marine self-defense squads, platoons, flotillas or fleets:

d/ On the basis of militia or self-defense units mentioned at Points a. b and c of this Clause and depending on their task requirements, mobile militia and self-defense companies, air defense and artillery militia and self-defense platoons and rotary standing militia and self-defense platoons may be organized in districts. Air defense and artillery militia and self-defense companies may be organized in provinces and centrally run cities (below collectively referred to as provincial level).

2. The Minister of National Defense shall stipulate the expansion of militia and self-defense forces.

Article 19. Organization of self-defense forces in enterprises

1. Based on the requirements of defense and security tasks, approved plans on the building of local militia and self-defense forces and the suitability of the workforce and production and business organization of enterprises with the organization and operation of militia and self-defense forces, competent authorities specified in Article 28 of this Law shall decide on the formation of self-defense units in enterprises.

2. For enterprises without self-defense forces, the owners or their lawful representatives shall make arrangement for their employees to perform the obligation to join militia and self-defense forces in localities where enterprises are based.

3. The Government shall detail this Article.

Article 20. Basic command posts of militia and self-defense forces

1. Commanders of militia or self-defense units include:

a/ Squad commander:

b/ Platoon commander:

c/ Company commander, company political commissar; flotilla commander and flotilla political commissar:

d/ Battalion commander, battalion political commissar: fleet commander and fleet political commissar.

2. Military commanders at the grassroots level include:

a/ Village militia leader;

b/ Commander and political commissar of a commune-level military command;

c/ Commander and political commissar of a military command of a grassroots agency or organization.

3. Commander, political commissar of a military command of a ministry or central branch.

Article 21. Commune-level military commands

1. A commune-level military command is composed of the commander who is a member of the commune-level People's Committee: deputy commander, political commissar and deputy political commissar, who all work on a part-time basis. The number of deputy commanders of a commune-level military command shall be stipulated by the Government.

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

a/ To advise the commune-level Party committee and People's Committee on leading, directing and administering the performance of defense and military tasks at the grassroots level: to register and manage citizens in the age group to perform the obligation to join militia and self-defense forces and male citizens in the age group to be ready for enlistment: to select citizens to join the army, and manage the mobilization reserve force in accordance with law;

b/ To make and implement plans on defense and military work at the grassroots level; plans on the organization of militia forces and their drill and operation; plans on the building of combat villages and commune: and plans on civil defense; and to participate in making other plans related to defense and security tasks at the grassroots level;

c/ To assume the prime responsibility for. and coordinate with local departments, branches and mass organizations in. organizing the performance of defense and military work under the leadership and direction of the Party Committee and People's Committee of the same level, and according to directives, commands, plans and instructions of superior military agencies:

d/ To coordinate with local departments, branches and mass organizations in carrying out defense and security propaganda and education for the armed forces and people: to organize militia and mobilization reserve forces to participate in building up a comprehensively strong grassroots, and implement the military rear policy:

e/ To organize political and legal training and education for militiamen: to command militia forces in performing the tasks specified in Article 8 of this Law:

f/ To organize the registration, management, maintenance and use of weapons and equipment of militia units under its command in accordance with law:

g/ To organize the implementation of plans to ensure on-site logistics and technical services to meet the requirements of local defense and military tasks:

h/ To assist the commune-level People's Committee in supervising and reviewing local defense and military work and the organization and operation of militia forces under its command.

Article 22. Military commands of grassroots agencies and organizations

1. A military command of a grassroots agency or organization is composed of the commander who is the head or a deputy head of the agency or organization; the political commissar, deputy commander and deputy political commissar, who all work on a part-time basis.

2. A military command of a grassroots 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 defense and military work in the agency or organization: to register and manage self-defense forces in the agency or organization; to recruit and manage the mobilization reserve force under the direction of the local military command: to perform the task of defense and security education for cadres, civil servants, public employees and laborers of the agency or organization; to implement the army rear policy;

b/ To make and implement plans on defense and military work in the agency or organization; plans on the organization of self-defense forces and their drill and operation; plans on the protection of the agency or organization: plans on civil defense and plans to ensure on-site logistics and technical services, and to participate in preparing other plans related to defense and security tasks at the grassroots level;

c/ To assist the head of the agency or organization in implementing defense mobilization plans with regard to manpower, technical facilities and other physical foundations under the State-assigned norms: to participate in building the defense zone and a comprehensively strong grassroots, and ready to meet the requirements of defense and military tasks in the locality where the agency or organization is based:

d/ To build and conduct political and legal training and education for self-defense forces; to command self-defense forces in performing the tasks specified in Article 8 of this Law;

e/ To organize the registration, management, maintenance and use of weapons and equipment of self-defense units under its command in accordance with law:

f/ To assist the head of the agency or organization in supervising and reviewing local defense and military work and the organization and operation of self-defense forces under its command.

Article 23. Military commands of ministries and central branches

1. The military command of a ministry or central branch is composed of the commander who is the head or a deputy head of the ministry or central agency; the political commissar, deputy commander and deputy political commissar, who all work on a part-time basis.

2. The military command of a ministry or central branch shall advise the Party organization, the Party Caucus committee, the Party committee and the head of the ministry or central branch on its defense work: shall coordinate with local Party committees and administrations in directing local defense and military work and militia and self-defense work.

3. The tasks, powers and mechanism for coordinating the operation of the military commands of ministries and central branches shall be stipulated by the Government.

Article 24. Village militia

1. Village militia shall give advice on and organize defense and military work in villages: and shall directly manage and command militiamen under their command.

2. They shall be led by Party committees and directly directed and commanded by commune- level military commands and shall coordinate with village chiefs, police officers and mass organizations in performing defense and security tasks in their villages.

Article 25. Uniforms, stars and caps, insignias and certificates of the core militia and sell-defense force

Core militia and self-defense officers and soldiers shall be distributed uniforms, stars and caps, insignias and certificates of core militiaman or self-defense member under the Government's regulations.

Article 26. Working offices and equipment of commune-level military commands

1. Commune-level military commands have own working offices.

2. The Government shall stipulate criteria and norms of equipment in working offices of commune-level military commands.

Article 27. Seals of military commands

1. Commune-level military commands, military commands of grassroots agencies and organizations and military commands of ministries and central branches may use their own seals.

2. The Government shall stipulate seal models, the carving of seals and the management and use of seals provided in Clause 1 of this Article.

Article 28. Establishment and disbandment of military commands of ministries, central branches, and organization of grassroots military commands and militia and self-defense units

1. Competence to establish military commands of ministries, central branches and organize grassroots military commands and militia and self-defense units is provided as follows:

a/ The Minister of National Defense may decide to establish military commands of ministries and central branches:

b/ The Chief of the General Staff of the Vietnam People's Army may decide to establish air-defense and artillery militia and self-defense companies:

c/ The commanders of military zones, the Navy and the Hanoi Capital High Command may decide to establish self-defense battalions, self-defense fleets and flotillas and engineer militia and self-defense companies;

d/ The commander of the Hanoi Capital High Command and the commanders of provincial-level military headquarters may decide to establish commune-level military commands, military commands of grassroots agencies and units: militia and self-defense companies, air-defense, engineer and artillery militia and self-defense platoons, marine militia and self-defense platoons and standing militia and self-defense units;

e/ The commanders of district-level military commands may decide to establish village militia, mobile militia and self-defense platoons, on-site militia and self-defense platoons, artillery militia and self-defense squads, reconnaissance communication, engineer, chemical warfare, medical and marine militia and sell-defense squads, and self-defense squads:

f/ The commanders of commune-level military commands may decide to establish on-site militia groups and squads after reporting such to district-level military commands and commune-level People's Committees.

2. The levels competent to establish are also competent to disband military commands of ministries and central branches, grassroots military commands and militia and self-defense units.

Article 29. Competence to appoint officers of military commands of ministries, central branches, grassroots military commands and militia and self-defense units

1. The Minister of National Defense may decide to appoint officers of military commands of ministries and central branches at the proposal of the Chief of the General Staff of the Vietnam People's Army after reaching agreement with the heads of ministries or central branches.

2. The commanders of military zones, the Navy and the Hanoi Capital High Command may decide to appoint officers at the battalion or fleet level at the proposal of the commanders of provincial-level military headquarters, the Chief of Staff of the Navy or the Chief of Staff of the Hanoi Capital High Command.

3. The commander of the Hanoi Capital High Command and the commanders of provincial-level military headquarters may decide to appoint officers of military commands of grassroots agencies and organizations and officers of company or flotilla level at the proposal of the chief commanders of district-level military commands.

4. Chairpersons of district-level People's Committees may decide to appoint officers of commune-level military

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