Ordinance No. 09/2003/PL-UBTVQH11 on Mobilization for Industry

RESOLUTION OF THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY

Mobilizing Industry

To enhance the effectiveness of state management and to promote the patriotic spirit of the people, to emphasize the responsibility of agencies, organizations, and individuals regarding industrial mobilization; contributing to meeting the production needs for equipment to ensure the People's Army fulfills its mission of firmly defending the socialist Vietnam;

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992, amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the National Assembly, tenth session;

Pursuant to Resolution No. 12/2002/QH11 dated December 16, 2002 of the National Assembly, session 2, of the 11th term (2002-2007) and for the year 2003 on the legislative program of the National Assembly for the 11th term;

This Ordinance stipulates on industrial mobilization.

PART I
General Provisions

Article 1.

Industrial mobilization is the mobilization of part or all of the production and repair capacity of non-military industrial enterprises to produce and repair equipment for the Army.

Industrial mobilization is prepared during peacetime and implemented in partial mobilization, general mobilization, and during war.

Article 2.

Industrial mobilization does not apply to foreign-invested enterprises as defined in the Law on Foreign Investment in Vietnam.

Article 3.

In this Ordinance, the following terms shall be understood as follows:

1. Equipment refers to types of weapons, technical devices, and engineering means included in the establishment of the Army.

2. Mobilization quota is the quantity of equipment that must be produced or repaired when there is a decision on industrial mobilization.

3. Preparing industrial mobilization involves implementing measures to create material foundations to be ready to produce and repair equipment for the Army.

4. Implementing industrial mobilization involves implementing measures to carry out the production and repair of equipment for the Army.

Article 4.

1. Preparing and implementing industrial mobilization must comply with the purpose of producing and repairing equipment for the Army.

2. Determining the scale of industrial mobilization must be appropriate to the Army's production and repair needs for equipment and the capacity of industrial enterprises.

3. Preparing and implementing industrial mobilization must ensure secrecy, safety, economy, efficiency, and adherence to plans.

Article 5.

1. The State guarantees the rights and legitimate interests of industrial enterprises and workers in preparing and implementing industrial mobilization.

2. The management and utilization of equipment provided by the State to industrial enterprises to complete production and repair chains outside the mobilization plan shall be regulated by the Government.

Article 6.

Strictly prohibited are the following acts:

1. Evading or obstructing the preparation and implementation of industrial mobilization;

2. Destroying, selling, giving away, renting, pledging, mortgaging, or illegally exploiting equipment provided by the State to industrial enterprises to complete production and repair chains;

3. Disclosing state secrets about the industrial mobilization plan, and business secrets of industrial enterprises assigned the task of industrial mobilization;

4. Using products from industrial mobilization for commercial purposes and other purposes.

Article 7.

Agencies, organizations, and individuals have the responsibility to implement this Ordinance and other relevant laws concerning industrial mobilization.

Chapter II
Preparation  of industrial mobilization

Article 8.

Preparing industrial mobilization includes:

1. Surveying and selecting industrial enterprises capable of producing and repairing equipment;

2. Developing the national plan for industrial mobilization;

3. Assigning mobilization quotas;

4. Completing production and repair chains;

5. Managing and maintaining production and repair chains;

6. Training workers professionally and conducting industrial mobilization drills;

7. Stockpiling materials.

Article 9.

1. The Prime Minister decides to assign the task of surveying the production and repair capacity of industrial enterprises to ministries, ministerial-level agencies, provincial People's Committees (hereinafter referred to as provincial People's Committees), and corporations established by the Prime Minister (hereinafter referred to as corporations).

Based on the Prime Minister's Decision, the Ministry of National Defense guides the implementation of the survey.

2. Ministries, ministerial-level agencies, and corporations organize surveys of the production and repair capacity of industrial enterprises under their jurisdiction and report the results to the Prime Minister.

 Provincial People's Committees organize surveys of the production and repair capacity of industrial enterprises managed by localities and report the results to the Prime Minister.

3. Industrial enterprises surveyed have the responsibility to provide full and accurate information about their production and repair capacity  to the surveying agency.

Article 10.

The content of the survey of the production and repair capacity of industrial enterprises includes:

1. Current situation characteristics;

2. Organizational structure, number, and quality of cadres, workers, staff, and other employees;

3. Production tasks, designed capacity, actual capacity;

4. Quantity and quality of existing equipment;

5. Production direction and technological innovation.

Article 11.

Based on the Army's production and repair needs for equipment and the results of the survey of the production and repair capacity of industrial enterprises, the Prime Minister decides which industrial enterprises meet the conditions for industrial mobilization; the Minister of National Defense manages the list of industrial enterprises meeting the conditions for industrial mobilization.

Article 12.

1. Basis for  developing the national plan for industrial mobilization:

a) The policy of building a whole-of-the-people national defense and people's war;

b) Forecasting the scale of war and methods of conducting a defensive war;

c) Needs and actual strength of equipment of the Army;

d) Forecasting the consumption rate of equipment in war;

đ) The ability of defense industrial enterprises and other sources to produce and repair equipment;

e) Results of the survey of the production and repair capacity of industrial enterprises.

2. Contents of the national plan for industrial mobilization include:

a) Plan for mobilizing industrial enterprises under ministries, ministerial-level agencies, provincial People's Committees, and corporations;

b) Financial guarantee plan;

c) Material stockpile plan;

d) Relocation plan;

đ) Scientific research and application of scientific and technological progress plan to serve industrial mobilization.

3. The Ministry of National Defense shall take the lead in coordinating with the Ministry of Planning and Investment, the Ministry of Finance, and the Ministry of Industry to develop the state plan on industrial mobilization for submission to the Government for decision.

Article 13.

Authority to allocate industrial mobilization targets:

1. The Prime Minister shall decide on allocating industrial mobilization targets to ministries, ministerial-level agencies, provincial People's Committees, and holding corporations.

2. Based on the Prime Minister's decision, the Minister of National Defense shall specifically decide on the industrial mobilization targets for each industrial enterprise.

3. Based on the Prime Minister's decision and the Minister of National Defense's decision:

a) The Minister, head of a ministerial-level agency, or head of a holding corporation shall assign production and repair tasks to industrial enterprises under their jurisdiction;

b) The Chairman of the provincial People's Committee shall assign production and repair tasks to industrial enterprises managed by the locality.

Article 14.

1. The Minister of National Defense shall guide the development of industrial mobilization plans and approve the industrial mobilization plans of ministries, ministerial-level agencies, provincial People's Committees, and holding corporations.

2. The Minister, head of a ministerial-level agency, Chairman of the provincial People's Committee, or head of a holding corporation shall approve the industrial mobilization plans of industrial enterprises under their jurisdiction.  1. Industrial enterprises assigned industrial mobilization tasks that can still meet the mobilization targets without additional investment in equipment shall be transferred production technology documents by the Ministry of National Defense.

Article 15.

2. Industrial enterprises assigned industrial mobilization tasks that require additional new equipment to meet the mobilization targets shall be guaranteed such equipment by the State and shall be transferred production technology documents by the Ministry of National Defense.

The industrial mobilization preparation technology chain shall be accepted according to regulations of the Ministry of National Defense.

Article 16.

1. Industrial enterprises assigned industrial mobilization tasks shall have the responsibility to:

Article 17.

a) Assign personnel with appropriate political qualities and capabilities to the production and repair assembly lines;

b) Regularly inspect and maintain equipment;

c) Train workers;

d) Implement systems to maintain production and repair capabilities as prescribed by the Government.

2. When an industrial enterprise assigned industrial mobilization tasks undergoes merger, division, dissolution, bankruptcy, technological renewal, or other reasons leading to the inability to fulfill its tasks or transfer ownership to a subject not covered by this Decree, the equipment provided by the State to complete the production and repair assembly lines shall be recovered, managed, and used according to Government regulations.

3. In cases stipulated in Clause 2 of this Article, the Minister of National Defense shall adjust the industrial mobilization tasks for other industrial enterprises.

List of materials, responsibilities, and reserve material assurance systems for industrial enterprises assigned industrial mobilization tasks shall be prescribed by the Government.  Organizations and industrial enterprises assigned industrial mobilization tasks shall participate in industrial mobilization exercises.

Article 18.

The scale, content, and form of industrial mobilization exercises shall be decided by the Prime Minister.

Article 19.

Industrial mobilization practice includes:

1. Decision and announcement of the industrial mobilization decision;

Chapter III
Implementing industrial mobilization

Article 20.

2. Organizing relocation for industrial enterprises required to relocate;

3. Ensuring material and financial support;

4. Organizing the implementation of production and repair tasks;

5. Delivering and receiving industrial mobilization products.

1. The Prime Minister decides the number of industrial enterprises and industrial mobilization targets for ministries, ministerial-level agencies, provincial People's Committees, and holding corporations.

2. Based on the Prime Minister's decision, the Minister of National Defense shall specifically decide on the industrial enterprises and mobilization targets for each industrial enterprise.

Article 21.

3. Based on the Prime Minister's decision and the Minister of National Defense's decision, the Minister, head of a ministerial-level agency, Chairman of the provincial People's Committee, or head of a holding corporation shall implement, direct, guide, and supervise industrial enterprises to fulfill the assigned mobilization targets.

Announcing the industrial mobilization decision shall be regulated by the Government.

When there is no longer a need for industrial mobilization, the Prime Minister shall decide to terminate it.

Article 22.

Upon receipt of the industrial mobilization decision, industrial enterprises required to relocate must organize the relocation. The completion deadline for relocation and conditions for ensuring the relocation of industrial enterprises shall be prescribed by the Government.

Within forty-eight hours from receiving the industrial mobilization decision, relevant state agencies must ensure material support for industrial enterprises entitled to such support.

Article 23.

Industrial enterprises not covered by Clauses 2 and 3 of this Article shall immediately commence production and repair tasks upon receipt of the industrial mobilization decision. 

Article 24.

Industrial enterprises entitled to reserve material support as prescribed in Article 18 of this Decree shall immediately commence production and repair tasks upon receipt of materials.  Industrial enterprises required to relocate, if not covered by Clause 2 of this Article, shall immediately commence production and repair tasks after completing the relocation.

Article 25.

Industrial enterprises shall be responsible for delivering sufficient quantities of industrial mobilization products that meet quality standards, correct types, and deadlines and locations; the receiving units of the Military shall be responsible for inspecting and organizing the reception of industrial mobilization products.

The delivery and receipt of industrial mobilization products shall be regulated by the Ministry of National Defense.

Policies for industrial enterprises and workers during industrial mobilization

Article 26.

During industrial mobilization preparation, industrial enterprises shall be entitled to:

 The handover and receipt of industrial mobilization products shall be regulated by the Ministry of National Defense.

Chapter IV
The regime and policies for industrial enterprises and workers involved in industrial mobilization

Article 27.

In preparing for industrial mobilization, industrial enterprises are entitled to:

1. Ensure adequate and timely provision of technological documents and equipment to complete the production line;

2. Ensure timely, correct type, quality, and quantity of materials when conducting trial production;  and when producing and repairing equipment to maintain the capacity of the production line;

3. Pay and ensure financial funds on time;

4. Enjoy other benefits and policies as prescribed by law.

Article 28.

1. In the implementation of industrial mobilization, industrial enterprises shall be entitled to:

a) Ensure transportation means when moving to a new location;

b) Ensure timely supply of materials, equipment, and financial funds;

c) Tax and land use incentives similar to those for defense industry enterprises;

d) Reduction or exemption from asset liability according to the provisions of the law in cases where economic, commercial, or civil contracts cannot be fulfilled due to the implementation of the industrial mobilization decision;

đ) Enjoy other benefits and policies as prescribed by law.

2. Upon completion of industrial mobilization, industrial enterprises shall be entitled to:

a) Ensure transportation means to return to the original location before relocation;

b) Support financial funds to restore production.

Article 29.

Direct workers implementing the industrial mobilization task shall be exempted from public service obligations during the implementation of industrial mobilization; in case of accidents, illness, injury, death, or sacrifice during training and implementation of industrial mobilization, they shall enjoy benefits and policies as prescribed by law.

Chapter V
State budget  ensures  for  of industrial mobilization

Article 30.

1. The State shall ensure the state budget for the industrial mobilization task.

2. The state budget allocated for the industrial mobilization task must be managed and used for its intended purpose, in accordance with the provisions of the law, economically, and effectively.

Article 31.

1. The budget ensuring industrial mobilization shall be allocated for the following tasks:

a) Surveying the production and repair capacity of industrial enterprises;

b) Completing the production and repair assembly lines for industrial mobilization;

c) Scientific research and application of scientific and technological progress to serve industrial mobilization;

d) Professional training for cadres, workers, staff, and other employees;

đ) Activities to maintain the production and repair capacity of the industrial mobilization assembly line;

e) Material reserves;

g) Training and drills for industrial mobilization;

h) Relocation of industrial mobilization assembly lines;

i) Production and repair of equipment upon receipt of an industrial mobilization decision;

k) Restoration of production for industrial enterprises after completing the industrial mobilization task;

l) Industrial mobilization operations;

m) Other tasks related to industrial mobilization as prescribed by law.

2. The Government shall specify the management and use of the industrial mobilization budget.

Chapter VI
State management of industrial mobilization

Article 32.

The content of state management of industrial mobilization includes:

1. Issuing and guiding the implementation of legal normative documents on industrial mobilization;

2. Formulating policies, planning, and organizing the implementation of industrial mobilization;

3. Organizing and managing professional training and development for industrial mobilization;

4. Conducting scientific research and applying scientific and technological progress to serve industrial mobilization;

5. Propaganda and education on laws regarding industrial mobilization;

6. Inspecting and auditing the enforcement of laws on industrial mobilization;

7. Resolving complaints, accusations, and handling violations of laws on industrial mobilization;

8. Summarizing and concluding on industrial mobilization.

Article 33.

1. The Government shall uniformly manage state affairs concerning industrial mobilization.

2. The Ministry of National Defense shall be responsible before the Government for managing state affairs concerning industrial mobilization; guiding, urging, and inspecting the implementation of legal provisions on industrial mobilization. 

3. Ministries and agencies at the level of ministries within their respective duties and authorities shall have the responsibility to coordinate with the Ministry of National Defense in managing state affairs concerning industrial mobilization and organizing the implementation of industrial mobilization tasks.

4. Provincial People's Committees within their respective duties and authorities shall manage state affairs concerning industrial mobilization and organize the implementation of industrial mobilization tasks.

5. Heads of corporations within their respective duties and authorities shall be responsible for organizing the implementation of industrial mobilization tasks.

Chapter VII
Rewards and disciplinary  action  violations

Article 34.

Agencies, organizations, and individuals who have achievements in preparing for industrial mobilization and practicing industrial mobilization shall be rewarded in accordance with the provisions of the law.

Article 35.

Any person who violates the provisions of this Ordinance and other laws on industrial mobilization shall be subject to administrative penalties or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation shall be made according to the provisions of the law.

Article 36.

Any person who abuses their position or authority to violate the provisions of this Ordinance or other laws on industrial mobilization shall be subject to disciplinary action or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation shall be made according to the provisions of the law.

Chapter VIII
Implementation Provisions

Article 37

This Ordinance takes effect from July 1, 2003.

Previous regulations contrary to this Ordinance are abolished.

Article 38

The Government shall provide detailed regulations and guidance for the implementation of this Ordinance.