DECREE NO. 03/2016/NĐ-CP provides detailed guidelines and measures for implementation of certain provisions of the Law on Militia and Self-Defense Forces, applicable to Vietnamese citizens, state agencies, political-social organizations, and enterprises. This Decree stipulates self-defense organization within enterprises, determines militia obligations, establishes self-defense units, classifies management levels of Military Command Boards, and sets forth policies and financial resources for militia and self-defense forces.
적용 범위
Vietnamese citizens, state agencies, political organizations, social-political organizations, public institutions, and Vietnamese enterprises; individuals and economic organizations with foreign investment residing and operating in Vietnam related to militia and self-defense forces.
핵심 사항
- An enterprise organizes self-defense when it meets conditions such as leadership from the Party's local committee, management from the provincial People's Committee, command from the local military authority, and has been operating for at least twelve months.
- A citizen fulfills the obligation to join the militia and self-defense forces as decided by the Chairman of the Commune People's Committee upon the proposal of the Chief of the Commune Military Command Board, or the Chief of the Military Command Board of the agency or organization without a local Military Command Board.
- Enterprises that have not organized self-defense must provide a list of employees to the Chairman of the Commune People's Committee for recruitment into the militia force.
- The allowance for responsibility in managing and commanding militia and self-defense units is calculated and paid monthly at a specific rate.
- Allowances, social insurance, health insurance, food expenses, travel expenses, and subsidies for the Deputy Chief of the Commune Military Command Board; allowances for Village Militia Leaders; support for transportation and travel expenses for militia and self-defense forces.
🌐 이 문서의 사회적 영향
- Positive impact: Strengthening national defense and security, protecting maritime sovereignty.
- Negative impact: Increased costs for enterprises when organizing self-defense.
- Beneficiaries: Militia and self-defense forces, Deputy Chiefs of the Commune Military Command Board, Village Militia Leaders.
- Affected entities: Enterprises that need to allocate additional funds to organize self-defense.
❓ 자주 묻는 질문
What conditions must an enterprise meet to organize self-defense?
Ensuring leadership by the local Party committee, management by the provincial and district People's Committees, and command by the local military authorities; having operated for at least twelve months; possessing a number of staff, civil servants, officials, and workers under labor contracts of at least twelve months or indefinite-term contracts who are within the age range and meet the criteria for fulfilling militia service obligations as stipulated by the Law on Militia and Self-Defense Forces to form at least one self-defense squad; aligning with national defense and security requirements and the local militia force organization plan.
Who decides which citizens will fulfill the obligation to join the militia and self-defense forces?
The Chairman of the Commune People's Committee decides which citizens will fulfill the obligation to join the militia and self-defense forces based on the proposal of the Chief of the Commune Military Command Board, the Chief of the Military Command Board of the agency or organization at the grassroots level, or the Chief of the self-defense unit of the agency or organization without a local Military Command Board.
How is the allowance for responsibility in managing and commanding militia and self-defense units calculated?
The allowance for responsibility in managing and commanding militia and self-defense units is calculated and paid monthly at specific rates: Squad Leader, Gun Squad Leader: 0.10; Platoon Leader, Village Militia Leader: 0.12; Deputy Company Commander, Deputy Political Commissar of Company: 0.15; Company Commander, Political Commissar of Company; Flotilla Deputy Commander, Deputy Political Commissar of Flotilla: 0.15; Battalion Deputy Commander, Deputy Political Commissar of Battalion; Flotilla Deputy Commander, Deputy Political Commissar of Flotilla; Mobile Militia Platoon Leader: 0.20; Company Deputy Commander, Deputy Political Commissar of Company; Flotilla Deputy Commander, Deputy Political Commissar of Flotilla: 0.21; Battalion Commander, Political Commissar of Battalion; Flotilla Commander, Political Commissar of Flotilla; Deputy Chief of the Commune Military Command Board, Deputy Political Commissar of the Commune Military Command Board; Deputy Chief of the Military Command Board of the agency or organization at the grassroots level: 0.22; Chief of the Commune Military Command Board, Political Commissar of the Commune Military Command Board; Chief of the Military Command Board of the agency or organization at the grassroots level; Deputy Chief of the Military Command Board of the Central Ministries and Agencies: 0.24; Chief of the Military Command Board of the Central Ministries and Agencies, Political Commissar of the Military Command Board of the Central Ministries and Agencies: 0.25.
How is the special allowance for national defense and military service enjoyed?
The Deputy Chief of the Commune Military Command Board and the Mobile Militia Platoon Leader enjoy a special allowance for national defense and military service equal to 50% of their current allowances including monthly allowances, allowances for responsibility in managing and commanding units, and seniority allowances.
What benefits do militia and self-defense forces receive if they are injured or killed while performing duties?
Cadres and militiamen who have not joined health insurance or social insurance and are injured or killed while performing tasks specified in Clause 4, Clause 5, and Clause 6 of Article 8 of the Law on Militia and Self-Defense Forces and pursuant to the competent authority's mobilization decision shall be entitled to the following benefits: During the treatment period for injuries, they shall receive a one-time allowance of at least twelve times the minimum wage; those with a disability ranging from 5% to 21% shall receive a one-time allowance of at least twelve times the minimum wage; those with a disability of 81% or more shall receive a one-time allowance of at least sixty times the minimum wage. In case of death, relatives shall receive a one-time allowance of thirty-six times the minimum wage, and the person handling the funeral shall receive a one-time funeral allowance of ten times the minimum wage at the time of death.
전문
DECREE
Detailed regulations and measures
1. This Circular takes effect from February 15, 2026; Circular No. 24/2013/TT-BKHCN dated September 30, 2013 of the Minister of Science and Technology on activities related to calibration, verification, testing of measuring instruments, and measurement standards shall cease to be effective from the date this Circular takes effect. some articles of the Law on Militia and Self-defense
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||| Pursuant to the Law on Organization of the Government dated June 19, 2015;
Pursuant to the Law on Militia and Self-defense dated November 23, 2009;
At the proposal of the Minister of National Defense,
and measures for implementationi organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.At the request of the Inspectorate of theand measures to implement some articlesi of the Law on Militia and Self-defense.onThis Decree stipulates detailed regulations and implementation measures for certain provisions of the Law on Militia and Self-defense regarding: Organizing self-defense in enterprises; the number of Deputy Chiefs of Military Services at commune level; tasks, powers, mechanisms for coordinating activities of Military Services under central ministries and agencies; seals of Commune-level Military Services, Military Services of agencies and organizations at grassroots level, and Military Services under central ministries and agencies; sources of funding; key communes in terms of national defense and security; conditions for establishing Military Services of agencies and organizations at grassroots level; management levels of Military Services of agencies and organizations at grassroots level, militia and self-defense units; policies for militia and self-defense personnel; support for means of transportation and travel expenses for militia and self-defense personnel when performing their duties.
Article 1. Scope of Regulation
This Decree specifies detailed measures for implementing certain Articles of the Law on Militia and Self-Defense Forces regarding: Organization of self-defense in enterprises; the number of Deputy Chiefs of Military Services Committees at the commune level; tasks, powers, mechanisms for coordinating activities of Military Services Committees under central ministries and agencies; seals of Military Services Committees at the commune, ward, town level (hereinafter referred to collectively as the commune level), Military Services Committees of agencies and organizations at the grassroots level, Military Services Committees under central ministries and agencies; sources of funding; key communes in terms of national defense and security; conditions for establishing Military Services Committees of agencies and organizations at the grassroots level;分级管理基层单位和组织的军事委员会、民兵自卫队;民兵自卫队的制度和政策;以及在执行任务时为他们提供交通工具和旅费支持。
Article 2. Applicability
1. Vietnamese citizens, state agencies, political organizations, socio-political organizations, public service units, and Vietnamese enterprises.
2. Individuals and economic organizations with foreign investment residing and operating in Vietnam related to militia and self-defense. In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions from this Decree, such treaties shall be applied.
Article 3. Decision on citizens fulfilling the obligation to join the militia and self-defense; decision on citizens completing the obligation to join the militia and self-defense; permit to use weapons and auxiliary tools of militia and self-defense personnel
1. The Chairman of the People's Committee at the commune level, the head of agencies or organizations decides on citizens fulfilling the obligation to join the militia and self-defense and on citizens completing the obligation to join the militia and self-defense based on the proposal of the Chief of the Military Service at the commune level, the Chief of the Military Service of agencies and organizations at grassroots level, or the Chief of the self-defense unit of agencies and organizations without a Military Service of agencies and organizations at grassroots level.
2. The Chief of the Military Service at the district, town, city district, or provincial city level (hereinafter referred to collectively as the district level) issues permits for militia and self-defense personnel to use weapons and auxiliary tools.
3. The model of decisions on citizens fulfilling the obligation to join the militia and self-defense; decisions on citizens completing the obligation to join the militia and self-defense; permits for militia and self-defense personnel to use weapons and auxiliary tools specified in Appendix I attached to this Decree.
Article 4. Conditions for organizing self-defense in enterprises
1. Enterprises organize self-defense when they meet all of the following conditions:
a) Ensuring the leadership of the Party committee, management by the People's Committee at the provincial and district levels, and command by local military services at various levels;
b) Having been operating for at least 12 months;
c) Having a sufficient number of employees with labor contracts of at least 12 months or indefinite-term contracts who are within the age range and meet the criteria for fulfilling the obligation to participate in self-defense as prescribed by the Law on Militia and Self-defense to form at least one self-defense platoon;
d) Being consistent with the requirements of national defense and security tasks and the plan for organizing militia and self-defense forces in the locality.
2. For enterprises that have not yet organized self-defense, they must organize for their employees to fulfill the obligation to join the militia at the grassroots level:
a) The enterprise manager is responsible for providing a list of employees within the age range for fulfilling the obligation to join the militia with labor contracts of at least 12 months or indefinite-term contracts to the People's Committee at the commune level where the enterprise has its main office or operates;
b) The enterprise manager cooperates with the Chairman of the People's Committee at the commune level to recruit employees specified in Point a of this Clause into the militia force;
c) The enterprise manager ensures the system for employees participating in the militia to engage in activities, training, and operations according to the law.
Article 5. Procedures and formalities for establishing self-defense units in enterprises
1. Documents
a) A proposal document for establishing a self-defense unit by the enterprise manager;
b) A plan to build the self-defense force of the enterprise;
c) A list of officials, civil servants, employees participating in the self-defense organization of the enterprise;
d) A document from the competent authority assessing the establishment of the self-defense unit of the enterprise.
2. Procedures and time limits for implementation
a) For enterprises not under the management of the Military, they are responsible for preparing one set of documents as prescribed in Points a, b, and c of Clause 1 of this Article and submitting them to the competent authority responsible for establishing civilian self-defense units as stipulated in Article 28 of the Law on Civilian Self-Defense Forces. The competent authority will cooperate with the enterprise to survey and propose plans for organizing self-defense forces and issue an assessment document regarding the organization of self-defense forces at the enterprise to be submitted to the authorized person for decision.
For enterprises under the management of the Military, they are responsible for preparing one set of documents as prescribed in Points a, b, and c of Clause 1 of this Article and submitting them to the authorized commander for establishing self-defense units as stipulated in Article 6 of this Decree;
b) Within five (5) working days from the date of receipt of the documents, if the documents are not valid, the competent authority responsible for establishing civilian self-defense units as stipulated in Clause 1 of Article 6 of this Decree must issue a document guiding the enterprise to supplement and complete the documents;
c) Within twenty (20) working days from the date of receipt of valid documents, the competent authority responsible for establishing civilian self-defense units as stipulated in Clause 1 of Article 6 (for enterprises not under the management of the Military) or the competent authority responsible for establishing civilian self-defense units as stipulated in Clause 2 of Article 6 of this Decree (for enterprises under the management of the Military) shall have the responsibility to seek opinions from relevant agencies, compile, and assess the documents according to the contents prescribed in Clause 1 of Article 4 of this Decree and submit to the authorized person for a decision to establish a self-defense unit. In case the authorized person does not agree, a notification document explaining the reasons shall be issued to the enterprise and relevant agencies.
Article 6. Authority to establish and dissolve self-defense units in enterprises
1. For self-defense units in enterprises not under the management of the Military: The authority to establish and dissolve is as prescribed in Points b, c, d, đ of Clause 1 and Clause 2 of Article 28 of the Law on Civilian Self-Defense Forces.
2. For self-defense units in enterprises under the management of the Military:
a) The Director of General Departments, Commander of Military Regions, Services, Commandant of Hanoi Capital Command, Arms, Corps decide to establish self-defense battalions, naval detachments in enterprises under their jurisdiction;
b) The Director of Institutes, Academies, Principals of Schools under the Ministry of National Defense, General Directors of Groups, Corporations decide to establish: Self-defense companies, naval companies; anti-aircraft, artillery self-defense platoons in enterprises under their jurisdiction;
c) The Directors of Companies, Principals of Schools under General Departments, Military Regions, Services, Arms, Corps decide to establish self-defense platoons, squads, gun crews in enterprises under their jurisdiction;
d) The authorized body deciding to establish a self-defense unit has the authority to decide on appointing and dismissing the commander of the self-defense unit and dissolving the self-defense unit.
Article 7. Conditions for Establishing Military Command Boards of Agencies and Organizations at the Grassroots Level
The Military Command Board of agencies and organizations at the grassroots level shall be established when the following conditions are met:
1. There is leadership by the Communist Party of Vietnam.
2. There is state management over national defense and military affairs.
3. There is a self-defense organization, reserve forces, and sources ready for conscription.
Article 8. Communes, Towns, and Urban Villages of Importance to National Defense and Security
1. A commune of importance to national defense and security is a border commune, sea-island commune, coastal commune, safe zone (ATK) commune, a commune with significant political, economic, cultural, social, national defense, and security positions, or a commune with complex and frequently evolving security and political situations.
2. Determination of communes of importance to national defense and security
a) The Chairman of the People's Committee of the province or centrally governed city (hereinafter referred to as the provincial level) proposes to the Commander of the Military Region for review and decision by the Minister of National Defense.
b) The Chairman of the People's Committee of Hanoi City proposes for review and decision by the Minister of National Defense.
3. Annually, the Chairman of the People's Committee at the provincial level reviews and proposes adjustments and supplements to communes of importance to national defense and security as appropriate.
Article 9. Number of Deputy Commanders of the Military Command Board at the Commune Level
1. Administrative units at the commune level classified as Type 1 or Type 2 according to Decree No. 159/2005/NĐ-CP dated December 27, 2005 of the Government on the classification of commune, town, and urban village administrative units and communes of importance to national defense and security shall be allocated two Deputy Commanders of the Military Command Board, appointed by the People's Committee at the provincial level and decided upon by the People's Council at the same level.
2. Administrative units at the commune level classified as Type 3 shall allocate one Deputy Commander of the Military Command Board.
1. Advising the Ban Cán Sự Party, the Party Group, the Party Committee, and the head of central ministries and sectors to issue guiding documents on leading, directing, and managing national defense and military work from the central level to localities and grassroots levels; combining economy with national defense and security, and reviewing planning, plans, and development projects related to national defense and security within their jurisdiction as prescribed by law.
2. Taking the lead and coordinating regularly with functional agencies of the Ministry of National Defense, military regions, local military agencies, and relevant organizations to direct, guide, and implement tasks:
a) Civilian militia self-defense work;
b) National defense and security education;
c) National defense mobilization, military mobilization, industrial mobilization, and civil defense;
d) Participating in building local armed forces, comprehensively strong bases; coordinating to direct the construction and operation of defense zones; defense zone exercises, combat defense at the commune level, and related civil defense;
đ) Competition and reward work, military rear support policies, preferential policies for those who have contributed to the revolution;
e) Advising on budget, funding, systems, and policies for national defense and military work;
g) Inspection, mid-term review, final evaluation, and reporting;
h) Implementing other assigned tasks.
3. Directing and guiding agencies and units under the jurisdiction of the ministry or sector to coordinate with local military agencies to advise the Party committee and the head regarding leading, directing, and organizing the implementation of tasks stipulated in Clause 2 of this Article.
1. For the Party Cadre Board, Party Group, Party Committee level, head of central ministries and agencies: Shall be subject to leadership, guidance, management, and operation regarding national defense, military affairs, and civil defense work related thereto.
2. For the Ministry of National Defense: Shall be subject to guidance and direction regarding national defense, military affairs, and civil defense work related thereto.
3. For the Military Region Command, local military offices at various levels where the headquarters of central ministries and agencies are located: Shall be subject to guidance and direction regarding national defense, military affairs, and civil defense work related thereto.
4. Shall take the lead or coordinate with the Military Region Commands, the Capital Military Command of Hanoi, the Service Branch Commands, the Border Guard Command, and local military offices at various levels to direct, guide, inspect, and audit according to their authority on the implementation of national defense, military affairs, and civil defense work related thereto by subordinate agencies and units.
5. For the functional agencies under the Ministry of National Defense: Shall be subject to guidance and direction and cooperate in implementing national defense, military affairs, and civil defense work related thereto.
Article 12. Hierarchical Management of the Military Command Board of Local Agencies and Organizations, Civilian Self-Defense Units
a) The Military Command Board of local agencies and organizations established by the decision of the Minister and equivalent bodies having their main office within the administrative area;
1. The Command of the Capital Military Region, the Command of the Ho Chi Minh City Military Region, and the Provincial Military Commands manage:
b) The Military Command Board of local agencies and organizations belonging to enterprises with self-defense battalions;
c) The Military Command Board of local agencies and organizations belonging to provincial Departments, Bureaus, and equivalent bodies, industrial park management boards, export processing zone management boards, high-tech park management boards, and economic zones within the administrative area;
d) Anti-aircraft artillery, infantry self-defense platoons, self-defense battalions, maritime self-defense flotillas assigned, and engineering self-defense platoons during training and operations.
2. The Military Command Board of the district shall manage the Military Command Board of local agencies and organizations not covered by Points a, b, and c of Clause 1 of this Article and manage the civilian self-defense units specified in Point d of Clause 1 of this Article outside the training and operational periods; manage the civilian self-defense units established by the district during the training and operational periods.
3. The Military Command Board of the commune, the Military Command Board of local agencies and organizations, and the commander-in-chief of self-defense units where there is no Military Command Board of local agencies and organizations shall manage:
a) Civilian self-defense units within their authority to establish and those assigned for management;
b) Civilian self-defense units established by higher authorities outside the training and duty periods as directed by competent authorities.
4. The Military Command Board of central ministries and agencies shall coordinate with the Standing Office of the Ministry of National Defense concerning national defense work at central ministries and agencies, localities, and relevant military units to direct and guide the management of the Military Command Board of local agencies and organizations within their jurisdiction according to their authority.
5. The Navy Service shall manage:
a) Maritime flotillas and squadrons in state-owned enterprises operating vessels and ships at sea;
b) Maritime flotillas, squadrons, platoons, companies, and squads in enterprises under the Navy Service.
b) Self-defense fleets, self-defense squadrons, self-defense companies, self-defense platoons, self-defense squads in enterprises under the Navy Command.
1. The seal of the Military Command Board at the commune level, the Military Command Board of agencies and organizations at the grassroots level, and the Military Command Board of central ministries and sectors shall be used for defense-related documents, military-related documents, and documents related to civil defense work within their respective jurisdictions.
2. The design of the seal, procedures for engraving the seal, authority to handle procedures, registration, and management of the seal of the Military Command Board at the commune level, the Military Command Board of agencies and organizations at the grassroots level, and the Military Command Board of central ministries and sectors shall be implemented in accordance with the provisions of Government Decree No. 58/2001/NĐ-CP dated August 24, 2001 on the management and use of seals, Government Decree No. 31/2009/NĐ-CP dated April 1, 2009 amending and supplementing certain articles of Government Decree No. 58/2001/NĐ-CP dated August 24, 2001, and relevant laws.
3. The Military Command Board at the commune level, the Military Command Board of agencies and organizations at the grassroots level, and the Military Command Board of central ministries and sectors may continue to use existing seals if they do not contravene the provisions of this Decree.
Article 14. Uniforms, badges, insignias of the Self-Defense Militia
1. The style, color, model, standards, and usage period of uniforms, badges, and insignias of the Self-Defense Militia are specified in Appendix II attached to this Decree.
2. The quality standards for uniforms, badges, and insignias of the Self-Defense Militia shall be carried out according to national standards in the field of military and defense (TCVN/QS).
3. The issuance, management, and use of uniforms, badges, and insignias of the Self-Defense Militia shall be carried out in accordance with the regulations of laws in the field of defense and the regulations of the Minister of National Defense.
Article 15. Standards and Quotas for Equipment at the Workplace of the Commune-level Military Command Board
1. In communes where conditions permit the construction of offices for the Military Command Board, ensuring rest and living areas for militia forces and reservists when mobilized to perform tasks; in places where conditions do not permit the construction of separate offices, rooms for meetings, briefings, and rotating readiness duty shifts for militia forces should be arranged with sufficient area, desks, chairs, filing cabinets, safes for storing firearms, support tools, training materials, shared uniforms, telephones, and other necessary items.
2. The Minister of National Defense shall specify the list of specialized military equipment at the office or workplace of the Commune-level Military Command Board.
Article 16. Allowance for Management and Command Responsibility
The amount of allowance for management and command responsibility of the Self-Defense Militia unit shall be calculated and paid monthly, equal to the base salary multiplied by the specific coefficient as follows:
1. Platoon Leader, Gun Squad Leader: 0.10.
2. Company Commander, Village Team Leader: 0.12.
3. Deputy Battalion Commander, Deputy Political Instructor of Battalion; Deputy Squadron Commander, Deputy Political Instructor of Squadron: 0.15.
4. Battalion Commander, Political Instructor of Battalion; Squadron Commander, Political Instructor of Squadron; Mobile Militia Company Commander: 0.20.
5. Deputy Regiment Commander, Deputy Political Instructor of Regiment; Deputy Flotilla Commander, Deputy Political Instructor of Flotilla: 0.21.
6. Regiment Commander, Political Instructor of Regiment; Flotilla Commander, Political Instructor of Flotilla; Deputy Commander, Deputy Political Instructor of the Commune-level Military Command Board; Deputy Commander, Deputy Political Instructor of the Military Command Board of agencies and organizations at the grassroots level: 0.22.
The period during which the allowance for management and command responsibility is enjoyed starts from the date of appointment decision and continues until the decision to terminate the position is made; in cases where the position is held for 15 days or more in a month, the allowance for the entire month is enjoyed, while if the position is held for less than 15 days in a month, 50% of the monthly allowance for management and command responsibility is enjoyed.
Article 17. Allowances, social insurance, health insurance, food allowance, travel expenses, and subsidies for the Deputy Commander of the People's Militia Battalion at the commune level; allowances for the Village Militia Leader; support for means of transportation and travel expenses for self-defense forces
1. The Deputy Commander of the People's Militia Battalion at the commune level shall be entitled to:
a) A monthly allowance calculated and paid monthly, equivalent to the base salary multiplied by a factor of 1.0;
b) To contribute to and enjoy social insurance and health insurance during the period of holding office in accordance with the laws on social insurance and health insurance;
c) Food allowance during training, instruction, and training periods equal to the basic food allowance of infantry soldiers in the Vietnam People's Army;
d) Travel expenses applied similarly to commune-level civil servants;
đ) In case of continuous service for at least 60 months, upon retirement, a one-time subsidy will be provided, calculated at 1.5 months of the average monthly allowance of the last 60 months, except in cases of voluntary resignation, disciplinary dismissal, or deprivation of citizenship rights.
2. The Village Militia Leader shall be entitled to a minimum monthly allowance of 0.5 times the base salary and shall be paid monthly.
3. Mobile militia, local militia, maritime militia, and permanent militia performing tasks as stipulated in Articles 8 and 44 of the Law on Militia and Self-Defense Forces shall be supported with means of transportation and travel expenses or reimbursed for round-trip transportation costs like commune-level officials and civil servants; for self-defense personnel, it is treated like officials and civil servants.
4. The Chairman of the Provincial People's Committee shall submit to the Provincial People's Council for decision the amount of monthly allowances, food allowances, and contributions to social insurance and health insurance for the Deputy Commander of the People's Militia Battalion at the commune level; the monthly allowance for the Village Militia Leader; and the travel expenses for self-defense forces.
Article 18. Seniority Allowance System
1. Commune-level Military Command officers who have continuously served for at least 60 months shall be entitled to seniority allowances. The allowance levels are as follows: After 5 years (60 months) of continuous service, they shall receive a seniority allowance equal to 5% of their current salary and leadership position allowance, or monthly allowance, plus any seniority allowance exceeding the framework (if applicable); from the sixth year onwards, an additional 1% shall be added for each full year (12 months).
2. Commune-level Military Command officers who have continuous service time in other sectors eligible for professional seniority allowances may combine that time with their time as commune-level Military Command officers to calculate their seniority allowances.
Article 19. Special Defense and Military Allowances
1. The Deputy Commander of the People's Militia Battalion at the commune level and the Mobile Militia Platoon Leader shall be entitled to special defense and military allowances.
2. The special defense and military allowance shall be 50% of the total current allowances including: Monthly allowance, management responsibility allowance, unit command allowance, and seniority allowance.
3. The period for receiving special defense and military allowances shall be counted from the date of appointment decision and shall continue until the decision to terminate the position is made; if the position is held for 15 days or more in a month, the full month's special defense and military allowance shall be received; if the position is held for less than 15 days in a month, 50% of the special defense and military allowance for that month shall be received.
Article 20. Regulations and policies for civilian militia and self-defense forces participating in protecting sovereignty and territorial rights over seas and islands
During the time performing tasks to protect the sovereignty and territorial rights over seas and islands of the Socialist Republic of Vietnam according to the mobilization decision of the competent authority, civilian militia and self-defense forces shall enjoy the following regulations and policies:
1. For self-defense personnel, they shall be paid their full salary, current allowances and welfare benefits according to the current system, and additionally receive 50% of their rank-based salary calculated based on actual days of mobilization; they shall also receive a daily food allowance equivalent to 0.1 times the minimum wage level; if the actual amount is lower than the prescribed amount, Clause 2 of this Article shall apply.
2. For civilian militia, they shall be provided with labor day subsidies at a rate of 0.25 times the minimum wage level; they shall also receive a daily food allowance equivalent to 0.1 times the minimum wage level. For ship captains and engine room chiefs, they shall additionally receive a responsibility allowance each day equivalent to 0.08 times the minimum wage level.
Article 21. Regulations and policies for civilian militia not participating in health insurance or social insurance when performing tasks and falling ill or dying
1. Civilian militia officers and soldiers who have not participated in health insurance or social insurance when performing tasks as stipulated in Article 8 of the Law on Civilian Militia and Self-Defense Forces and according to the mobilization decision of the competent authority, if they fall ill or die due to illness, they shall enjoy the following regulations and policies:
a) In case of illness: They shall be entitled to medical examination and treatment, and reimbursement for medical expenses as per the health insurance benefits for People's Army of Vietnam soldiers as specified in Point a, Clause 1, Article 22 of the Law Amending and Supplementing Certain Provisions of the Health Insurance Law; during the treatment period, they shall receive a food allowance equivalent to the basic food allowance of infantry soldiers in the People's Army of Vietnam;
b) In case of death due to illness: The relatives or person handling the funeral shall be supported with a funeral allowance equal to five times the minimum wage level at the month of death.
2. Documents
a) A subsidy application form from the civilian militia or their lawful representative, with comments from the Military Command Board of the commune and confirmation from the People's Committee of the commune;
b) Test result forms, prescription forms, payment receipts, discharge certificates, and death certificates for cases of illness leading to death;
c) An assessment document from the Military Command Board of the district.
3. Procedure for Resolution
a) The civilian militia or their lawful representative in cases of illness leading to death shall prepare one set of documents as prescribed in Points a and b of Clause 2 of this Article and submit it directly to the Military Command Board of the commune;
b) Within five working days from the date of receiving the documents, the Military Command Board of the commune shall be responsible for checking the validity of the documents. If the documents are invalid, the Military Command Board of the commune must guide the civilian militia or their lawful representative to supplement and complete the documents. If the documents are valid, the Military Command Board of the commune shall send them to the Military Command Board of the district;
c) Within ten working days from the date of receiving all valid documents: If the documents do not meet the conditions for processing, the Military Command Board of the district must issue a notification explaining the reasons to the applicant; if the documents meet the conditions for processing, the Military Command Board of the district shall be responsible for reviewing and submitting to the Chairman of the People's Committee of the district for a decision to provide subsidies to the civilian militia or their lawful representative;
d) Within ten working days from the date of issuing the subsidy decision, relevant agencies must process the illness benefits for the civilian militia or their lawful representative.
4. Funding shall be guaranteed according to the decision of the People's Committee of the district.
Article 22. Treatment and policies for civilian militia members who have not joined health insurance or social insurance when performing tasks and getting injured or killed
1. Civilian militia officers and soldiers who have not joined health insurance or social insurance when performing tasks as stipulated in Clauses 4, 5, and 6 of Article 8 of the Law on Militia and Self-defense Forces and pursuant to the mobilization decision of the competent authority shall enjoy treatment and policies in the following cases:
a) During the time and at the place specified in Clauses 4, 5, and 6 of Article 8 of the Law on Militia and Self-defense Forces according to the mobilization decision of the competent authority;
b) Outside the designated duty location or outside the duty hours as ordered by the competent authority;
c) On the route from their residence to the place where they perform their duties within a reasonable time and route.
2. The treatment and policies enjoyed:
a) In case of injury: During the injury treatment period, they shall be entitled to benefits as prescribed in Point a Clause 1 of Article 21 of this Decree, including cases where the wound recurs until discharge from hospital. If the injury results in a disability ranging from 5% to 21%, they shall be entitled to a one-time allowance of at least 12 times the minimum wage; if the disability ranges from 22% to 80%, for each additional 1% of disability, they shall be entitled to an additional 0.4 times the minimum wage; if the disability is 81% or more, they shall be entitled to a one-time allowance of at least 60 times the minimum wage;
b) In case of death due to injury: The relatives shall be entitled to a one-time allowance of 36 times the minimum wage at the month of death, and the person handling the funeral shall receive a one-time funeral allowance of 10 times the minimum wage at the month of death.
3. Documentation
a) A request for allowance from the civilian militia member or their relative with comments from the Militia and Self-defense Force Command of the commune and confirmation from the People's Committee of the commune;
b) An accident investigation report by the police or the Militia and Self-defense Force Command of the commune or higher level;
c) Test result forms, prescription forms, payment invoices, discharge certificates, and death certificates in cases of fatal accidents;
d) An assessment document from the Militia and Self-defense Force Command of the district.
4. Procedures for Resolution
a) The civilian militia member or their lawful representative in cases of fatal accidents shall prepare one set of files as prescribed in Points a, b, and c of Clause 3 of this Article and submit it directly to the Militia and Self-defense Force Command of the commune;
b) Within five working days from the date of receiving the file, the Militia and Self-defense Force Command of the commune shall be responsible for checking its validity. If the file is invalid, the Militia and Self-defense Force Command of the commune must guide the civilian militia member or their relative or lawful representative to supplement and complete the file. If the file is valid, the Militia and Self-defense Force Command of the commune shall send it to the Militia and Self-defense Force Command of the district;
c) Within ten working days from the date of receiving all valid files, if the file does not meet the conditions for processing, the Militia and Self-defense Force Command of the district must issue a notification detailing the reasons to the applicant. If the file meets the conditions for processing, the Militia and Self-defense Force Command of the district shall be responsible for reviewing and sending a letter along with the file to the military agency of the province;
d) Within ten working days from the date of receiving all valid files, the military agency of the province shall be responsible for assessing and submitting to the Chairman of the Provincial People's Committee for a decision on allowances for the civilian militia member or their lawful representative;
e) Within ten working days from the date of issuing the allowance decision, relevant agencies must process the benefits for the civilian militia member or their lawful representative.
5. Funding shall be guaranteed as decided by the Provincial People's Committee.
Article 23. Treatment and policies for civilian militia self-defense personnel who die, sacrifice themselves, or get injured
Cadres and soldiers of the civilian militia self-defense force performing tasks specified in Clauses 1, 2, and 3 of Article 8 of the Law on Civilian Militia Self-Defense pursuant to the decision of competent authorities:
1. Cadres and soldiers of the civilian militia self-defense force who die, sacrifice themselves, or get injured while performing their duties shall be considered and recognized as martyrs, wounded veterans, or persons entitled to benefits equivalent to those for wounded veterans according to the Ordinance on Preferential Treatment for Persons with Merit for the Revolution.
2. In cases where death does not fall under Clause 1 of this Article, including deaths due to wounds recurring while performing duties, the person organizing the funeral shall be supported with funeral expenses equal to ten times the base salary at the time of death.
3. Procedures, files, treatment, and policies shall be implemented in accordance with the laws on wounded veterans, deceased soldiers, and martyrs.
Article 24. Newspaper and Magazine System
1. Every day, the People's Military Command of communes, the People's Military Command of agencies and organizations at the grassroots level (excluding the People's Military Command of agencies and organizations at the grassroots level belonging to enterprises), and the standing civilian militia units shall be provided with one copy of the People's Army Newspaper, with funding guaranteed by the provincial level.
Article 25. Sources of Funding for Civilian Militia Self-Defense
1. The state budget funds allocated for the activities of the civilian militia self-defense force shall be included in the annual state budget expenditure plan of ministries, sectors, and localities according to the current state budget classification. The preparation, management, and settlement of funds shall comply with the provisions of the State Budget Law and related guiding documents. For localities facing financial difficulties, the central budget will provide funding support based on the central budget's balancing capacity.
2. Enterprises that have organized self-defense units shall be responsible for allocating funds to ensure the organization, training, and activities of the self-defense forces. Enterprises that have not organized self-defense units shall be responsible for ensuring funds for employees to fulfill their obligations to participate in the civilian militia self-defense force in the locality where the enterprise operates. This amount of funding shall be included in the deductible expenses when determining the taxable income of the enterprise.
3. Other legitimate sources of revenue.
Article 26. Effective date
This Decree takes effect from February 20, 2016, and replaces Decree No. 58/2010/NĐ-CP dated June 1, 2010, of the Government detailing and guiding the implementation of certain provisions of the Law on Civilian Militia Self-Defense.
Article 27. Responsibility for Implementation
1. The Minister of National Defense shall specify detailed regulations and guide the implementation of the Articles and Clauses assigned in this Decree.
2. Ministers, Heads of Ministries equivalent to Ministries, Heads of agencies under the Government, relevant agencies and organizations, Chairpersons of Provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.
PRIME MINISTER
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