Joint Circular No. 01/2013/TTLT-BNV-BQP guiding the planning, training, capacity building, and deployment for the Chair and Deputy Chair of the Military Command at commune, ward, and town levels

JOINT CIRCULAR

Guidelines for planning, training, capacity building, and deployment of

Chairmen and Deputy Chairmen of Military District Committees at communes, wards, and towns

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||| Based on the Civil Servants Law dated November 13, 2008;

Pursuant to the Law on Militia and Self-defense dated November 23, 2009;

Pursuant to Decree No. 112/2011/NĐ-CP dated December 5, 2011 of the Government on village-level civil servants;

Based on Decree No. 58/2010/NĐ-CP dated June 1, 2010 of the Government detailing and guiding the implementation of certain provisions of the Militia and Self-Defense Force Law;

Based on Decree No. 18/2010/NĐ-CP dated March 5, 2010 of the Government on training and capacity building for civil servants;

Based on Decree No. 61/2012/NĐ-CP dated August 10, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Based on Decree No. 104/2008/NĐ-CP dated September 16, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense,

The Minister of Home Affairs and the Minister of National Defense issue guidelines for planning, training, capacity building, and deployment for Chairmen and Deputy Chairmen of Military District Committees at communes, wards, and towns as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These joint circulars guide the planning, training, capacity building, and deployment for Chairmen and Deputy Chairmen of Military District Committees at communes, wards, and towns (referred to collectively as at the commune level).

Article 2. Applicability

Chairmen, Deputy Chairmen, and those who are planned to replace Chairmen and Deputy Chairmen of Military District Committees at the commune level.

Chapter II

PLANNING OF CHAIRMEN AND DEPUTY CHAIRMEN

OF MILITARY DISTRICT COMMITTEES AT THE COMMUNE LEVEL

Article 3. Principles of Planning

1. Ensuring leadership and guidance from Party committees and authorities at all levels, in accordance with current regulations on the分级处理这个文本会更合适。我会按照您提供的格式，逐条翻译并保持内容的准确性和完整性。以下是第一条：

2. Select the correct subjects, sufficient in quantity, meeting the standards and requirements of the tasks according to the position linked to the cadre planning at the commune level.

3. Implement the procedures correctly, with successor sources, ensuring long-term stability, gradually rejuvenating and improving the quality of the Commune Military Command.

4. Conduct openly, democratically, and in accordance with the law.

5. Prioritize individuals holding a vocational college degree in basic military or higher; children of those who have rendered meritorious service to the country, ethnic minorities, and those who have completed their duty in the Vietnam People's Army and the Vietnam People's Public Security Force.

Article 4. Basis for specific planning at the commune level

1. Planning and usage plan for commune-level civil servants.

2. Quantity: 01 Chief Commander; Deputy Commander as prescribed in Article 15 of Decree No. 58/2010/NĐ-CP dated June 1, 2010 of the Government. Each position shall not exceed three candidates.

3. Requirements regarding professional qualifications and work capabilities in national defense and military affairs.

4. Family circumstances, personal background, length of service, retirement date, and time under the retirement system of individuals proposed for planning.

5. Development source from the grassroots level or request higher authorities to create sources.

Article 5. Subjects for planning sources

1. Cadres, civil servants, and non-professional staff at the commune level.

2. Individuals who have completed their duty in the Vietnam People's Army and the Vietnam People's Public Security Force.

3. Core militia members or those who have completed their duty in the core militia.

4. Communist Party of Vietnam members and Ho Chi Minh Communist Youth Union members currently working at the grassroots level.

5. Individuals residing permanently in the local area who hold a bachelor's, college, or vocational college degree.

Article 6. Planning Standards

1. Being a Vietnamese citizen aged from 18 to 35 years old for those without prior training, and not exceeding 45 years old for those holding a vocational college degree in basic military or higher.

2. Having a clear record, good moral character; complying well with the Party's policies and the State's laws and regulations.

3. Being a Communist Party member or a member of the Ho Chi Minh Communist Youth Union who meets the conditions to develop into a Communist Party member.

4. Graduating from high school or equivalent level or higher.

5. Possessing sufficient health to fulfill assigned tasks.

Article 7. Organizations and individuals introducing planning sources

1. The Party Committee, Standing Committee of the People's Council, and People's Committee at the commune level.

2. The Chairman of the Vietnam Fatherland Front and heads of political-social organizations at the commune level.

3. The Military Command Board of the district, town, city, or provincial-level city (referred to collectively as the district level).

4. The Military Command Board at the commune level.

5. Commune-level civil servants.

6. The Party Branch Secretariat of the village, ward; village head, ward chief.

7. Village defense team leader, squad leader, platoon leader of the civilian militia or higher.

Article 8. Planning Process

1. The Military Command Board at the commune level advises the Party Committee and government at the same level to send recommendation forms to relevant organizations and individuals as stipulated in Article 7 of this Joint Circular to compile personnel for planning the sources of the Military Command Board Chief and Deputy Chief at the commune level according to each phase, with each phase lasting at least five years.

2. The Military Command Board Chief at the commune level compiles recommendations for planning the sources of the Military Command Board Chief and Deputy Chief, and submits them through the Military Command Board Party Branch (if applicable).

3. The Military Command Board Chief at the commune level reports to the Chairman of the People's Committee at the same level on the planning sources of the Military Command Board Chief and Deputy Chief and related files.

4. The Chairman of the People's Committee at the commune level reports to the Standing Committee of the Party Committee at the same level for consideration of the planning sources of the Military Command Board Chief and Deputy Chief.

5. The People's Committee at the commune level seeks opinions from the Military Command Board and the Civil Service Department at the district level regarding the planning sources of the Military Command Board Chief and Deputy Chief; seeks opinions from the Party Organization Department at the district level regarding the planning source of the Military Command Board Chief before submitting to the People's Committee at the district level for approval of the planning sources of the Military Command Board Chief and Deputy Chief.

Article 9. Adjustments and Supplements to Planning

1. Annually, the Military Command Board Chief at the commune level reviews the planning to advise the Party Committee and government at the same level on adjustments and supplements to the planning sources of the Military Command Board Chief and Deputy Chief.

2. In case of sudden changes in the planning sources, the Military Command Board Chief reports to the People's Committee at the same level for timely consideration and supplementation of the planning.

3. The process of selecting supplementary planning sources follows the provisions set out in Article 8 of this Joint Circular.

Chapter III

TRAINING AND DEVELOPMENT OF MILITARY COMMAND BOARD CHIEF AND DEPUTY CHIEF AT THE COMMUNE LEVEL

TRAINING FOR VOCATIONAL COLLEGE, COLLEGE, AND UNIVERSITY LEVELS IN BASIC MILITARY STUDIES

Section 1

REGULAR TRAINING

CONTINUOUS TRAINING: IMPLEMENTED THROUGH A COMBINED WORK-STUDY MODEL

Article 10. Training Formats

1. Regular education.

2. Continuous education: Implemented through a combined work-study model.

Article 11. Qualifications, Recipients, Training Institutions

1. Intermediate Vocational Education for Basic Military Industry: Recipients are current Deputy Chiefs of the People's Militia and Defense Committees at commune level and those within the planning scope.

2. College and University Education for Basic Military Industry: Recipients are current Chiefs and Deputy Chiefs of the People's Militia and Defense Committees at commune level and those within the planning scope.

3. Second Bachelor's Degree Education for Basic Military Industry: Recipients are Chiefs and Deputy Chiefs of the People's Militia and Defense Committees at commune level, and those within the planning scope who already hold at least one bachelor’s degree in another field.

4. Training Institutions: The Ministry of Education and Training shall coordinate with the Ministry of National Defense and relevant agencies to assign tasks to specific educational institutions if they meet the current regulations.

Article 12. Training Programs

Training programs for intermediate vocational education, college, and university levels in basic military industry shall be implemented according to the regulations of the Ministry of Education and Training and the Ministry of National Defense.

Article 13. Obligations, Responsibilities, and Benefits of Trainees

1. Obligations and Responsibilities

a) Chiefs and Deputy Chiefs of the People's Militia and Defense Committees at commune level and those within the planning scope who meet the conditions and are suitable for training types must fulfill their training tasks as decided by the competent authority;

b) During the training period, trainees must strictly comply with discipline, internal rules, and regulations of the training institution and current training regulations for each level of training;

c) Trainees who are suspended from study due to violation of institutional regulations; stop studying without valid reasons; or fail to comply with work assignments of the competent authority must compensate for training costs. The compensation amount for trainees not belonging to commune-level civil servants sent for training is implemented according to Article 13 of Decree No. 134/2006/NĐ-CP dated November 14, 2006 of the Government on the recruitment system for higher education institutions under the national education system. The compensation amount for trainees belonging to commune-level civil servants sent for training is implemented according to Articles 25 to 32 of Chapter IV of Circular No. 03/2011/TT-BNV dated January 25, 2011 of the Ministry of Home Affairs guiding the implementation of certain articles of Decree No. 18/2010/NĐ-CP dated March 5, 2010 of the Government on training and upgrading civil servants;

d) In cases where Chiefs and Deputy Chiefs of the People's Militia and Defense Committees at commune level are assigned to training tasks but intentionally fail to fulfill them, the People's Committee at commune level will remove them from the training planning scope.

2. Benefits

a) For trainees who are commune-level cadres and civil servants sent for training: The training time counts towards continuous service time, they retain their positions during the study period, and they receive full salary, allowances, and benefits as stipulated by the State, guaranteed by local budgets;

b) For trainees from other categories sent for training: They are entitled to apply the provisions set out in Circular No. 87/2011/TT-BQP dated June 27, 2011 of the Ministry of National Defense guiding the implementation of Decision No. 799/QĐ-TTg dated May 25, 2011 of the Prime Minister approving the Project on Training Military Cadres of Commune-level People's Militia and Defense Committees at the College and University Levels until 2020 and subsequent years; 

c) Trainees who graduate with intermediate, college, or university degrees in basic military industry, if meeting the required conditions, may be conferred or promoted to reserve officer ranks according to the Law on Officers of the Vietnam People's Army and related legal documents;

d) Trainees who are allowed to take leave due to valid reasons by the training institution and the Provincial Military Command shall be received and assigned work by the District People's Committee; the decision to continue sending them for further study shall be uniformly made in writing by the Provincial Military Command in consultation with the Department of Home Affairs and reported to the Provincial People's Committee for approval.

Section 2

TRAINING OF CHIEFS AND DEPUTY CHIEFS

OF MILITARY DISTRICT COMMITTEES AT THE COMMUNE LEVEL

Article 14. Content and Training Programs

1. The content and training programs for the Chief and Deputy Chief of the People's Militia Committee at the commune level currently working at the grassroots level shall be prescribed by the Ministry of National Defense. The mandatory content and training programs shall be prescribed by the Provincial Military Command, the Capital Military Command of Hanoi, upon the advice of the local party committees and administrative authorities.

2. The enhancement of professional qualifications, expertise, and practical skills for the Chief and Deputy Chief of the People's Militia Committee at the commune level according to government programs and projects shall be carried out based on the programs and materials developed and issued by the Ministry of National Defense at different stages.

3. For the Chief and Deputy Chief of the People's Militia Committee at the commune level who have not yet completed vocational secondary, college, or university education in basic military affairs due to special circumstances, the content and training programs shall be implemented in accordance with Circular No. 79/2010/TT-BQP dated June 23, 2010, issued by the Ministry of National Defense, which stipulates the training programs and courses for cadres and militia self-defense core personnel.

Article 15. Duration of Training

1. For the incumbent Chief and Deputy Chief of the People's Militia Committee at the commune level who have not completed vocational secondary, college, or university education in basic military affairs, they shall be trained once during their term of service, with the duration not exceeding two months.

3. The enhancement of professional qualifications, expertise, and practical skills for the Chief and Deputy Chief of the People's Militia Committee at the commune level according to the annual mandatory plan, following government programs and projects, shall last a minimum of five days within one year.

Article 16. Training Institutions

Military schools of military regions; Military school of the Capital Military Command of Hanoi; Provincial military and political schools; Political training centers at the district level or other training institutions of ministries, sectors, provinces, and centrally governed cities shall organize training depending on the nature, characteristics, content, and training programs.

Chapter IV

APPOINTMENT, USE, AND REMOVAL OF THE POSITION OF

CHIEF AND DEPUTY CHIEF OF THE PEOPLE'S MILITIA COMMITTEE AT THE COMMUNE LEVEL

Article 17. Appointment of the Chief

1. Conditions for Consideration and Appointment

Within the planning scope for the position of Chief; having a diploma in vocational secondary education in basic military affairs or higher.

2. General Standards

a) In accordance with the provisions of Article 3 of Decree No. 112/2011/NĐ-CP dated December 5, 2011, issued by the Government regarding civil servants at communes, wards, and towns;

b) Ensuring the standards stipulated in Clause 1 of Article 2 and the ability to perform tasks specified in Article 4 of Circular No. 06/2012/TT-BNV dated October 30, 2012, issued by the Ministry of Home Affairs guiding the specific responsibilities, standards, tasks, and recruitment of civil servants at communes, wards, and towns.

3. Specific Standards for the Chief:

a) Must have a diploma in vocational secondary education in basic military affairs or higher;

b) Possess the capability to advise the local party committee and People's Council at the commune level in issuing leadership and directive documents to organize the implementation of national defense work, militia self-defense work, national defense and security education, and civilian defense; building a people-based national defense and public security front at the commune level;

c) Effectively advise the local party committee and administrative authority at the commune level in leading and directing the implementation of policies and regulations concerning the militia self-defense force, reserve mobilization forces, and military rear support policies;

d) Develop and implement successfully all tasks related to national defense and military affairs at the commune level.

4. Authority to Appoint

The Chairman of the People's Committee at the district level shall decide on the appointment of the Chief of the People's Militia Committee at the commune level based on the proposal of the Chairman of the People's Committee at the commune level, after reaching consensus with the Chief of the People's Militia Committee at the district level.

Article 18. Appointment of Deputy Chief of the People's Militia Self-Defense Force at the Commune Level

1. Within the planning scope for Deputy Chiefs of the People's Militia Self-Defense Force at the commune level as stipulated in this Circular.

2. Within the planning scope for candidates to be sent for vocational secondary, college, or university training in grassroots military affairs or those who have already graduated from vocational secondary, college, or university programs in grassroots military affairs.

3. Authority to appoint: The Chairman of the People's Committee at the district level shall decide on the appointment of the Deputy Chief of the People's Militia Self-Defense Force at the commune level upon the proposal of the Chairman of the People's Committee at the commune level, after reaching consensus with the Chief of the People's Militia Self-Defense Force at the district level.

Article 19. Employment after Training

1. Current Chief and Deputy Chief of the People's Militia Self-Defense Force at the commune level who have graduated from vocational secondary, college, or university programs in grassroots military affairs shall be assigned to their respective positions by the People's Committee at the district level before being sent for training.

In cases where the Chief of the People's Militia Self-Defense Force needs to be reassigned to another commune due to work requirements within the same district, the Civil Service Department shall consult and reach consensus with the People's Militia Self-Defense Force at the district level, report to the Chairman of the People's Committee at the district level for decision.

2. After completing the training program, the Chief and Deputy Chief of the People's Militia Self-Defense Force at the commune level must serve in the People's Militia Self-Defense Force at the commune level for at least three years (36 months) before being assigned to other positions or promoted to civil service positions at the district level or higher, except in cases where they are assigned to higher positions or transferred to another commune within the same district administrative unit.

3. Candidates trained according to the planning for Chiefs and Deputy Chiefs of the People's Militia Self-Defense Force at the commune level, after graduation, shall be assigned to their planned positions.

If it is not possible to assign them to their planned positions, the People's Militia Self-Defense Force at the district level may consider appointing them to the position of Village Militia Team Leader, Militia Platoon Commander, or equivalent self-defense militia command position.

Article 20. Cases of Resignation from Positions in the People's Militia Self-Defense Force at the Commune Level

1. Not belonging to the cadre, civil servant, and non-professional staff planning scope at the commune level.

2. According to legitimate wishes and having submitted a resignation letter approved by the People's Committee at the district level.

3. Having been evaluated as "not fulfilling duties" for two consecutive years by the competent authority.

4. Refusing to comply with organizational assignments.

5. Being disciplined with demotion or removal from office.

6. Being expelled from the training program due to disciplinary action.

7. Retiring or leaving under retirement benefits.

Chapter V

IMPLEMENTATION

Article 21. Implementation of Inspection and Management Systems for Planning, Training, Capacity Building, and Employment of Chiefs and Deputy Chiefs of the People's Militia Self-Defense Force at the Commune Level

1. The Civil Service Department shall coordinate with the People's Militia Self-Defense Force at the district level to direct, inspect, and supervise the People's Committees at the commune level regarding the planning and employment of Chiefs and Deputy Chiefs of the People's Militia Self-Defense Force at the commune level.

2. The Provincial Civil Service Department shall coordinate with the Military Command at the provincial level and the Command of the Capital City of Hanoi to inspect and supervise the People's Committees at the district level concerning the planning, training, capacity building, and employment of Chiefs and Deputy Chiefs of the People's Militia Self-Defense Force at the commune level.

Article 22. Responsibilities of the People's Committee at the provincial level

The People's Committee at the provincial level shall ensure funding for the implementation of training and capacity-building programs for individuals selected for such programs under this Circular in accordance with the State Budget Law, the Law on Self-Defense Militia, and detailed regulations and guidance documents.

Article 23. Effectiveness of Implementation

This Circular takes effect from May 25, 2013.

Article 24. Responsibility for Implementation

1. Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairmen of People's Committees of provinces and centrally-administered cities, relevant organizations, and individuals shall be responsible for implementing this Circular.

2. During the implementation process, if there are difficulties, ministries, sectors, localities, agencies, organizations, and individuals shall report to the Ministry of National Defense and the Ministry of Home Affairs for coordination in reviewing and timely amending and supplementing./.