Decree No. 100/SL amends Articles 3, 8, and 12 of Decree No. 68-SL dated November 30, 1945 on the requisition, conscription, and mobilization during the resistance period.

DECREE

OF THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF VIETNAM

DECREE-LAW NO. 100/SL ON MAY 30, 1950

THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF VIETNAM

Pursuant to Decree-Law No. 68 dated November 30, 1945 on the requisition, conscription, and mobilization, amended by Decree-Law No. 121 dated July 12, 1946;

Pursuant to Decree-Law No. 254-SL dated November 19, 1948 organizing people's administration during the resistance period;

Pursuant to Decree No. 21-SL dated December 14, 1946 establishing military courts;

Pursuant to the decision of the Supreme National Defense Council deciding the general mobilization of human resources, material resources, and financial resources of the entire population to shift strongly towards general counter-offensive;

Pursuant to the resolution of the National Defense Council;

Pursuant to the resolution of the Government Council after the agreement of the Standing Committee of the National Assembly;

ISSUES THE DECREE:

Article 1

Articles 3, 8, and 12 of Decree-Law No. 68 dated November 30, 1945, amended by Decree-Law No. 121 dated July 12, 1946, are hereby abolished and replaced by the following new provisions:

"New Article 3: Ministers have the right to conscript.

In urgent cases, the Chairman of the Anti-French Resistance Administrative Committee of the Regional Committee may conscript, but must immediately report to the Government.

The right to requisition: ministers, the General Commander of the National Army and People's Militia of Vietnam, the Chairman of the Anti-French Resistance Administrative Committee of the Regional Committee, and the Chairman of the Anti-French Resistance Administrative Committee of the Province.

The right to requisition: ministers of the Ministry of Interior, Ministry of National Defense, Ministry of Economy, Ministry of Transportation and Public Works, the General Commander of the National Army and People's Militia of Vietnam, the Chairman of the Anti-French Resistance Administrative Committee of the Regional Committee, and the Chairman of the Anti-French Resistance Administrative Committee of the Province."

"New Article 8: Compensation shall be determined by mutual agreement between the authority issuing the requisition or conscription order and the owner.

If there is no agreement, compensation shall be determined by a Valuation Board established in each province.

The composition of the Valuation Board is as follows:

- A member of the Provincial Anti-French Resistance Administrative Committee...Chairman

- Director of the Economic Department...Member

- A representative of the people's organizations appointed by the Provincial Anti-French Resistance Administrative Committee...Member"

"New Article 12:

1- Any person who receives a conscription order and does not comply will be prosecuted before a civilian court and sentenced to imprisonment for six days to three months and fined from 100đ to 2,000đ, or one of these penalties.

If they repeat the offense, they will be sentenced to imprisonment for two months to two years, and fined from 3,000đ to 20,000đ.

The authority issuing the conscription order has the right to decide on prosecution before a civilian court.

2- Any person who receives a requisition or conscription order and does not comply will be prosecuted before a civilian court and sentenced to imprisonment for one month to one year, and a fine of at least the value of the requisitioned or conscripted property.

If they repeat the offense, they will be sentenced to imprisonment for three months to three years, and a fine of at least twice the value of the requisitioned or conscripted property. In addition, movable or immovable property listed in the requisition or conscription order may also be confiscated.

In special cases, those who do not comply with a requisition or conscription order, whether it is a first offense or a repeat offense, may be prosecuted before a military court.

The authority issuing the requisition or conscription order has the right to decide on prosecution before a civilian court or a military court.

Those who abuse the right to requisition and conscription will be punished according to the monetary and imprisonment penalties already defined for those who do not comply with requisition or conscription orders."

Article 2:

All provisions contrary to this Decree-Law are hereby abolished.

Article 3:

The Prime Minister and the Ministers shall implement this Decree-Law.