Circular No. 04/2015/TT-BQP on the management and use of civilian militia uniforms

CIRCULAR

Regulations on management and use of civilian militia uniformsệ

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Pursuant to the Law on Militia and Self-Defense Forces 2009;

Pursuant to 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 and Self-Defense;

Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of National Defense.

Considering the proposal of the Chief of General Staff;

The Minister of National Defense issues this Circular regulating the management and use of civilian militia uniforms.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates the management, use, inspection, supervision, and responsibilities of agencies, organizations, and individuals involved in the production, management, and use of civilian militia uniforms.

Article 2. Applicability

1. Agencies and units under the Ministry of National Defense and other agencies, organizations, and individuals related to the production, management, and use of civilian militia uniforms.

2. Local military offices at provincial and district levels, Military Command Boards of central ministries and sectors, Military Command Boards of organizations at grassroots level, Military Command Boards of communes, and civilian militia soldiers.

Article 3. Prohibited Acts

1. Producing, storing, using, buying, selling, transporting illegally, or forging civilian militia uniforms.

2. Renting, borrowing, exchanging, or misusing civilian militia uniforms for actions contrary to the law.

3. Misusing positions or authority to violate regulations on the production, management, and use of civilian militia uniforms.

4. Using civilian militia uniforms when not on duty.

5. Arbitrarily changing the style or color of civilian militia uniforms.

6. Providing false or fraudulent test results, inspections, appraisals, certifications, quality standards, or specifications of civilian militia uniforms.

Chapter II
MANAGEMENT OF CIVILIAN MILITIA UNIFORMS

Article 4. Content of Management

1. Style and color as prescribed in Decree No. 58/2010/NĐ-CP dated June 1, 2010 of the Government; quality according to Standard TCVN/QS 1822:2014, Civilian Militia Uniforms.

2. Economic contracts, production process, distribution, and use of civilian militia uniforms in accordance with the law.

3. Budget ensuring civilian militia uniforms allocated according to the law.

Article 5. Management Responsibilities

1. General Staff Department

a) Assist the Minister of National Defense in state management of civilian militia uniforms and coordinate with relevant agencies and organizations to aggregate requirements and budgets for ensuring civilian militia uniforms in accordance with the law;

b) Direct the Civilian Militia Department to take the lead and coordinate with relevant agencies and organizations to produce and distribute sample uniforms, implement management as stipulated in Article 4 of this Circular, and coordinate inspections, supervision, and audits of the production, management, and use of civilian militia uniforms.

2. Military Regions

a) Assist the Minister of National Defense in state management of civilian militia uniforms within their respective regions;

b) Direct subordinate functional agencies to accept and distribute sample uniforms and manage the production, management, and use of civilian militia uniforms in accordance with regulations;

c) Direct subordinate functional agencies to take the lead and coordinate with relevant agencies and organizations to inspect, supervise, and audit the production, management, and use of civilian militia uniforms within their jurisdiction;

d) Report to the General Staff Department on requirements, funding for ensuring civilian militia uniforms, and enterprises, units, and individuals implementing the production, management, and use of civilian militia uniforms.

3. Hanoi Capital Command, Ho Chi Minh City Command, Provincial Military Commands

a) Assist the Chairman of the People's Committee at the same level in state management of civilian militia uniforms within their jurisdiction;

b) Direct subordinate functional agencies to accept and distribute sample uniforms and manage the production and use of civilian militia uniforms in accordance with regulations; inspect, supervise, and audit the production, management, and use of civilian militia uniforms within their jurisdiction;

c) Contract with enterprises, units, and individuals meeting legal conditions to produce civilian militia uniforms or delegate to the District Military Command to implement;

d) Distribute, direct the distribution, and recover civilian militia uniforms in accordance with the law on civilian militia;

đ) Hanoi Capital Command report to the General Staff Department on requirements, funding for ensuring civilian militia uniforms, and enterprises, units, and individuals implementing the production, management, and use of civilian militia uniforms;

Ho Chi Minh City Command, Provincial Military Commands report to the Military Region on requirements, funding for ensuring civilian militia uniforms; enterprises, units, and individuals implementing the production and management, use of civilian militia uniforms.

4. District Military Command

a) Assist the Chairman of the District People's Committee in state management of civilian militia uniforms within their jurisdiction;

b) Direct subordinate functional agencies to accept and distribute sample uniforms and manage the production and use of civilian militia uniforms in accordance with this Circular;

c) Contract with enterprises, units, and individuals meeting legal conditions to produce civilian militia uniforms when delegated;

d) Distribute, direct the distribution, and recover civilian militia uniforms in accordance with the law on civilian militia;

đ) Take the lead and coordinate with relevant agencies and organizations to inspect, supervise, and audit the production, management, and use of civilian militia uniforms within their jurisdiction;

e) Report to the local military office at the provincial level (Hanoi Capital Command, Ho Chi Minh City Command, Provincial Military Commands) on requirements, funding for ensuring civilian militia uniforms, and the management and use of civilian militia uniforms in their area.

5. Commune Military Command

a) Assist the Chairman of the Commune People's Committee in state management of civilian militia uniforms within their jurisdiction;

b) Accept, distribute, recover, and recommend the recovery of civilian militia uniforms in accordance with the law;

c) Implement, organize inspections, and report to the District Military Command on requirements, funding for ensuring civilian militia uniforms, and the management and use of civilian militia uniforms in their area.

6. Central Ministries and Sectors' Military Command Boards, Military Command Boards of organizations at grassroots level, and self-defense unit commanders

a) Assist the heads of agencies and organizations in managing civilian militia uniforms in accordance with the law;

b) Receive, distribute sample uniforms, organize production, distribution, management, use, recovery, and recommend recovery of civilian militia self-defense uniforms in accordance with the provisions of the law;

c) The Military Command Board of central ministries and sectors shall take the lead in implementing, regularly inspecting, and reporting to the General Staff Department on the management and use of civilian militia self-defense uniforms;

d) The Military Command Board of local agencies and organizations and the self-defense unit commanders (where there is no Military Command Board) shall take the lead in implementing, organizing inspections, and reporting to the directly managing local military authority, the Military Command Board of superior agencies and organizations on the management and use of civilian militia self-defense uniforms.

7. Responsibilities of civilian militia self-defense personnel

a) Manage and use civilian militia self-defense uniforms in accordance with the laws on civilian militia self-defense;

b) Report promptly to the competent authority when violations in the production, management, and use of civilian militia self-defense uniforms are discovered;

c) In case the uniform is lost or damaged, report promptly to the direct commander; request replacement if there is a valid reason, otherwise compensation must be provided if there is no valid reason.

Chapter III
USE OF CIVILIAN MILITIA SELF-DEFENSE UNIFORMS

Article 6. Time for using uniforms

1. Winter uniforms are used from November 1 of the previous year to March 31 of the following year.

2. Summer uniforms are used from April 1 to October 31 of the same year.

3. Transition periods are calculated 15 days before and after the time specified in Clause 1 and Clause 2 of this Article.

4. For provinces from Da Nang southward (excluding the Central Highlands provinces), summer uniforms are used throughout the year.

Article 7. Use of civilian militia self-defense uniforms

1. Wearing uniforms according to seasons

a) Winter uniforms

Civilian militia self-defense officers: Hard hat or soft hat with militia badge; winter clothing, tie, warm jacket, socks, black leather shoes or canvas shoes;

Civilian militia self-defense soldiers: Hard hat or soft hat with militia badge; soldier's trousers and shirt, warm jacket, socks, canvas shoes.

b) Summer uniforms

Civilian militia self-defense officers: Hard hat or soft hat with militia badge; summer clothing, socks, black leather shoes or canvas shoes;
Civilian militia self-defense soldiers: Hard hat or soft hat with militia badge; soldier's trousers and shirt; socks, canvas shoes.

2. Wearing daily uniforms

Battalion Commander, Deputy Battalion Commander of the Military Command Board at the commune level; permanent civilian militia self-defense personnel; officers and soldiers of the civilian militia self-defense during training, instruction, exercises, patrols, guard duty, and performing tasks approved by the competent authority; training military cadres of the Military Command Board at the commune level.

3. Wearing uniforms on holidays

a) National holidays; anniversaries of establishment, traditional days, political events of central and local agencies, organizations, and people's armed forces units.

Officers and soldiers of the civilian militia self-defense wear the seasonal uniforms prescribed in Clause 1 of this Article and attach ribbons or medals awarded by the Provincial Military Authority Commander, the Military Command Board of central ministries and sectors or higher levels.

Male civilian militia self-defense uniforms wear ribbons or medals on the left chest of the coat in order of rank from top to bottom, not exceeding five pieces per row, with the top edge of the first row of ribbons or medals being 5 cm higher than the top edge of the pocket flap; wear badges on the right chest, 5 cm below the top edge of the pocket flap;

Female civilian militia self-defense uniforms wear ribbons on the left chest, in order of rank from top to bottom, not exceeding five pieces per row, with the top edge of the first row being level with the top edge of the top button of the middle button row; wear badges on the right chest, with the top edge of the badge being level with the top edge of the top button of the middle button row;

b) Civilian militia self-defense units participating in parades on national holidays; anniversaries of establishment, traditional days, political events of central and local agencies, organizations, and people's armed forces units.

Unit leaders, militia self-defense flag teams use the uniforms prescribed in Point a of this Clause;

Civilian militia self-defense units use traditional ethnic costumes, head wrapped with scarves or hats with militia badges attached.

4. The Battalion Commander of the Military Command Board at the commune level and the Battalion Commander of self-defense units specify the use of hard hats or soft hats, common uniforms suitable for each task.

5. Civilian militia self-defense personnel who have completed their obligations may use civilian militia self-defense uniforms when participating in activities on national holidays, anniversaries of establishment, traditional days, and political events of central and local agencies, organizations, and people's armed forces units.

Chapter IV
INSPECTION AND AUDIT

Article 8. Defense Inspection at Various Levels

1. Assist commanders at the same level to coordinate with relevant agencies and organizations to regularly or urgently conduct inspections within their authority on the production, management, use, standards, and quality of civilian militia uniforms as prescribed by law.

2. Coordinate with relevant agencies and organizations to handle complaints, accusations, public reception, and anti-corruption measures concerning the production, management, use, standards, and quality of civilian militia uniforms as prescribed by law within their authority.

3. Recommend or handle violations for actions violating the production, management, use, standards, and quality of civilian militia uniforms within their authority.

Article 9. Inspections

1. Inspection Authority and Scope

a) The General Staff shall take the lead, coordinating with relevant agencies and organizations to assist the Minister of National Defense in inspecting the production, management, use, standards, and quality of civilian militia uniforms nationwide;

b) The Militia Self-Defense Department shall take the lead, coordinating with relevant agencies and organizations to develop plans for regular or urgent inspections of the production, management, use, standards, and quality of civilian militia uniforms, submit them to the General Staff for approval, and implement them;

c) Departments, military branches, arms, corps, self-defense organizations; Commandants of Military Regions, Commandant of Hanoi Capital, local military offices at provincial and district levels, and People's Militia Battalions shall take the lead or participate in regular or urgent inspections of the production, management, use, standards, and quality of civilian militia uniforms within their authority;

d) The Standardization-Measurement-Quality Control Bureau under the Ministry of National Defense shall coordinate with the Militia Self-Defense Department and relevant agencies to participate in regular or urgent inspections of the production and quality of civilian militia uniforms.

2. Organization of Inspection Teams

a) Inspection teams of the Ministry of National Defense shall be established by the Deputy Chief of General Staff;

b) Inspection teams of the agencies and units specified in Point c, Clause 1 of this Article shall be established by the heads of those agencies and units.

3. Content of inspection

a) Inspection of the production and quality of civilian militia uniforms: economic contracts, technical files; the entire process or one stage of the production process; raw material, product, finished product quality according to TCVN/QS 1822:2014 on civilian militia uniforms; technical standards for measuring equipment, inspection, testing, and other related contents of uniform production facilities.

b) Inspection of the responsibility for managing and using civilian militia uniforms as stipulated in Clauses 2, 3, 4, 5, 6, 7 of Article 5 and Articles 6 and 7 of this Circular; inspection of the quality of civilian militia uniforms currently in use during their service life according to standard TCVN/QS 1822:2014.

4. Responsibilities and Authorities of Inspection Teams

a) Notify the inspected unit of the regular inspection plan at least 15 working days in advance; urgent inspection plan at least 5 working days in advance;

b) Implement the approved inspection and re-inspection plan as decided by the competent authority;

c) Conduct inspections democratically, transparently, in accordance with the law, without hindering the normal operations of the inspected agencies, organizations, and individuals;

d) Carry out inspections, re-inspections, and conclusions within their authority; report and announce as prescribed.

Chapter V
IMPLEMENTING PROVISIONS

Article 10. Effective Date

This Circular takes effect from March 1, 2015, and replaces Circular No. 84/2010/TT-BQP dated July 1, 2010, which stipulates the wearing, management, and use of core civilian militia uniforms.

Article 11. Responsibility for Implementation

Heads of ministries, ministerial-level agencies, government-affiliated agencies, provincial people's councils, centrally governed cities, and related agencies, organizations, and individuals are responsible for implementing this Circular./.