Decree No. 119/2004/ND-CP on defense work in ministries, ministerial-level agencies, government agencies, and localities

 DECREE

On defense work in ministries, ministerial-level agencies,agencies under the Government, and localities

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Organization of People's Councils and People's Committees No. 11/2003/QH11 adopted by the National Assembly on November 26, 2003;

At the proposal of the Minister of National Defense,

DECREE:

PART I
GENERAL PROVISIONS

Article 1. OBJECTS AND SCOPE OF REGULATION

This Decree stipulates the tasks, powers, organizational structure, relations, and budget for defense work in ministries, ministerial-level agencies, agencies under the Government, economic organizations, central mass organizations (referred to as ministries and sectors), and provincial people's committees; district, town, city people's committees under provinces; commune, ward, town people's committees. Hereinafter referred to collectively as defense work in ministries and sectors and localities.

Article 2. Contents of defense work in ministries and sectors and localities

Defense work in ministries and sectors and localities is an important component of the entire defense work of the State, including:

1. National defense education work;

2. Integration of economy, culture, society, security, foreign affairs with national defense;

3. Building of defensive zones, construction of local armed forces; self-defense militia, construction and mobilization of reserve forces; construction and protection of defense potential, building a solid nationwide defense foundation;

4. Implementation of defense-military tasks during peacetime and wartime, civil defense work; preparation and conduct of conscription and economic mobilization for the national defense mission in all situations;

5. Ensuring the budget for the defense cause, implementing military rear support policies and other social policies related to defense work.

Article 3. Responsibilities for coordinating the implementation of defense work

Ministries and sectors and provincial people's committees under the Central Government shall closely coordinate with the Ministry of National Defense, the Vietnam Fatherland Front and its member organizations to direct and organize the implementation of defense work according to this Decree and other relevant legal regulations concerning defense work.

Chapter II
TASKS AND POWERS OF MINISTRIES, SECTORS, AND LOCALITIES IN DEFENSE WORK

Article 4. Tasks and powers of ministries and sectors

1. Directing and organizing propaganda and education on national defense for the whole people and implementing national defense education work for cadres, civil servants, and workers in agencies and units under the management of ministries and sectors; coordinating with the Ministry of National Defense to implement training in national defense knowledge for specified cadre and civil servant groups as prescribed by law.

2. Closely integrating economic and social development with enhanced national defense and security; planning and implementing tasks to mobilize resources of ministries and sectors to be ready to meet requirements for socialist homeland defense in all situations.

3. Coordinating with the Ministry of National Defense and related ministries, sectors, and localities to build a nationwide defense foundation and defense posture; building agencies and grassroots units strong in all aspects, contributing to making provinces and cities into solid defensive zones.

4. Directing agencies and units under ministries and sectors to closely coordinate with local military authorities in organizing, training, and activities of self-defense forces; managing, mobilizing reserve forces, recruiting soldiers, and participating in building local armed forces. Implementing civil defense work, industrial mobilization, and mobilizing state scientific and technological potential for defense work.

5. Implementing state regulations on ensuring the budget for the defense cause, building the people's armed forces; implementing military rear support policies and other policies related to defense work.

6. Coordinating with functional agencies of the Ministry of National Defense to conduct inspections, reviews, mid-term evaluations, and final assessments of the implementation of defense tasks annually and at different periods.

Article 5. Tasks and powers of localities

1. Organizing propaganda and education on national defense for the whole people and implementing national defense education work, training in national defense knowledge for cadres at all levels, and national defense education for students and trainees as prescribed by law.

2. Directing and organizing the implementation of integration of economic, cultural, social, and foreign affairs development with national defense and security; linking national defense with security; national defense and security with economy; building a comprehensive political foundation as the core to build a solid defensive zone; managing and protecting defense works, rear bases, and military areas in the locality.

3. Implementing measures for building and protecting the defense potential of the locality, building local armed forces, and constructing a nationwide defense posture linked with people's security in the defensive zone; mobilizing the national economy to meet the defense requirements of the locality and the country in all situations.

4. Directing and organizing the construction, training, and ensuring combat operations of local armed forces, self-defense militia, and reserve forces; implementing conscription and mobilization as prescribed by law.

5. Directing local armed forces, self-defense militia, and reserve forces to cooperate with border guards, maritime police, public security forces, and other forces to maintain political security and social order and safety; conducting mass mobilization work and organizing the mobilization of forces to carry out civil defense work in the locality.

6. Implementing tasks of building and ensuring local logistics, ensuring the budget for local defense work. Enforcing all policies on consolidating national defense, building the people's army, self-defense militia, and reserve forces as prescribed by law. Implementing military rear support policies, mobilizing human and material resources from the locality for the cause of building and defending the country.

7. Conducting inspections, reviews, mid-term evaluations, and final assessments of defense work in the locality annually and at different periods.

Chapter III
ORGANIZATIONAL STRUCTURE AND RELATIONS OF MINISTRIES, SECTORS, AND LOCALITIES IN DEFENSE WORK

Article 6. Organizational structure of agencies and personnel engaged in defense work

1. At the Ministry of Planning and Investment, the Ministry of Finance shall have a Department for national defense-security work, the Ministry of Education and Training shall have a Department for national defense education; other ministries, ministerial-level agencies, government agencies, and certain state-owned corporations established by the Prime Minister's decision shall allocate specialized staff or concurrently assigned personnel, or military officers on secondment to perform national defense work based on their specific characteristics, tasks, and requirements for national defense work.

2. Central agencies of political organizations and socio-political organizations shall, based on the requirements and tasks of national defense, stipulate the allocation of personnel to perform national defense work.

3. Departments of Education and Training, Departments of Planning and Investment of provinces and centrally-administered cities shall allocate specialized staff or concurrently assigned personnel, or military officers on secondment to perform national defense work based on their specific characteristics, tasks, and requirements for national defense work; other departments and sectors shall allocate concurrently assigned personnel to perform national defense work.

4. The Ministry of National Defense shall have a permanent staff unit to monitor, consolidate, and guide the implementation of national defense work at ministries, sectors, and localities; the functions, tasks, powers, organizational structure, and working relationships of this permanent unit shall be regulated by the Ministry of National Defense.

5. Ministries, sectors, central agencies of mass organizations shall assign a leader to directly oversee and direct national defense work; the Chairpersons of People's Committees at all levels shall directly direct the implementation of national defense work at their respective localities.

6. State-owned agencies, organizations, and enterprises may organize a Military Command Board at each agency, unit, or enterprise to direct the implementation of national defense work. The functions, tasks, and organizational structure of the Military Command Board at the grassroots level shall be implemented according to the regulations of the Law on Militia and Self-Defense Forces.

7. The functions, tasks, and powers of agencies and specialized or concurrently assigned personnel performing national defense work shall be regulated by each ministry, sector, and locality. The functions, tasks, and policies for military officers on secondment at ministries, sectors, and localities shall be implemented according to Decree No. 165/2003/ND-CP dated December 22, 2003 of the Government on the secondment of officers of the Vietnam People's Army.

Article 7. Relations between the Ministry of National Defense and ministries, sectors, and localities

1. Annually, the Ministry of National Defense shall issue directives and plans regarding national defense work and guide ministries, sectors, and localities to organize and implement them; simultaneously, it shall inform ministries and sectors about international and regional situations related to national defense work generally and specifically within those ministries and sectors; it shall take the lead and coordinate with ministries and sectors to implement national defense work.

2. The Ministry of National Defense shall propose contents and requirements for national defense work, combining economy with national defense in planning, programs, and strategies when requested by ministries and sectors; it shall prepare budget estimates for its tasks and send them to the Ministry of Finance and the Ministry of Planning and Investment for consolidation and reporting to the Government for approval by the National Assembly according to the provisions of the State Budget Law.

3. Ministries and sectors shall report annually or upon urgent request on the implementation of their national defense tasks as prescribed by the Ministry of National Defense.

4. Relations between the Ministry of National Defense and provincial people's committees shall be conducted through the Military Zone Commands and local military agencies at various levels as provided for in Article 9 of this Decree.

Article 8. Relations between ministries, sectors, and localities

1. Ministries and sectors shall be responsible for directing and guiding provincial people's committees under the central government to implement national defense work content relevant to their respective localities; they shall also direct subordinate agencies and units located in localities to perform national defense work according to the regulations of the provincial people's committee and the corresponding military agency.

2. Heads of administrative agencies and public service units; Directors of state-owned enterprises and non-state-owned enterprises shall be responsible for coordinating with local military agencies where their headquarters are located to organize and implement national defense work according to the law.

Article 9. Relations between Military Zone Commands and local military agencies with people's committees at all levels

1. The Ministry of National Defense and Military Zone Commands shall direct local military agencies at various levels to assist people's committees at the same level in managing national defense affairs at the local level. Military Zone Commands and people's committees at all levels shall organize the dissemination and implementation of annual national defense tasks for key cadres of localities according to the regulations of the Ministry of National Defense.

2. Local people's committees shall inform local military agencies of plans for economic and social development and the situation of political security and social order in their localities related to national defense work; they shall evaluate the results of directing the implementation of national defense work and report according to the regulations of the Ministry of National Defense.

For important issues directly related to national defense work, people's committees at all levels shall be responsible for reaching consensus with the corresponding local military agencies before making recommendations to higher-level military agencies, the Ministry of National Defense, or the Government. local military authority of the same level before submitting to a higher-level local military authority, the Ministry of National Defense, or the Government. local military authority, the Ministry of National Defense, or the Government.

3. Local military agencies at various levels shall be responsible for complying with the procedures for seeking opinions, reporting to the People's Councils, People's Committees at the same level, and superior military agencies according to the Working Regulations of the People's Councils and People's Committees at each level and the regulations of the Ministry of National Defense.

Chapter IV
STATE MANAGEMENT OF NATIONAL DEFENSE WORK

Article 10. Contents of state management of national defense work

1. Drafting, promulgating normative legal documents and guiding the implementation of national defense work.

2. Formulating plans and guiding the implementation of national defense work.

3. Providing information, propaganda, and disseminating constitutional and legal provisions concerning the field of national defense.

4. Establishing and guiding the implementation of systems, policies, and funding to ensure national defense work.

5. Monitoring, urging, organizing inspections, and handling complaints, denunciations, and violations of laws in the implementation of national defense work.

6. Summarizing, concluding, and drawing lessons from the implementation of national defense work.

Article 11. Responsibilities of the Ministry of National Defense

1. The Ministry of National Defense assists the Government in leading the implementation of state management functions regarding national defense work according to the functions, tasks, and authorities prescribed in Decree No. 30/2004/NĐ-CP dated January 16, 2004 of the Government on the functions, tasks, authorities, and organizational structure of the Ministry of National Defense.

2. The Command of Military Region has the responsibility to assist the Ministry of National Defense in implementing state management functions regarding national defense work within its military region; guiding and unifying contents, policies, and measures of national defense work with provincial People's Committees to implement local national defense work within the military region according to the unified guidance of the Ministry of National Defense.

3. The Provincial Military Command, the Municipal Military Command under the Central Government, the District Military Command, the County Military Command, the Town Military Command, and the Commune Military Command have the responsibility to lead and coordinate with various departments and mass organizations to advise the Chairman of the same-level People's Committee in organizing the implementation of state management functions regarding national defense work at the local level.

Article 12. Responsibilities of Heads of Ministries and Sectors

1. The Minister of Planning and Investment shall coordinate with the Minister of National Defense to direct and guide the planning of national defense work for ministries, sectors, and localities; plans for combining economy with national defense and plans for mobilizing the national economy for national defense to be submitted to the Government for approval.

2. The Minister of Finance shall coordinate with the Minister of National Defense to guide and inspect the preparation and organization of implementation of the state budget ensuring funds for national defense work of ministries, sectors, and localities in accordance with the State Budget Law.

3. The Minister of Home Affairs shall coordinate with the Minister of National Defense to unify the issuance of joint circulars guiding the implementation of organizational structures, improving systems of agencies, full-time and part-time specialized personnel engaged in national defense work at ministries, sectors, and localities.

4. Heads of ministries and sectors shall be responsible for directing and organizing the implementation of national defense work within their ministries and sectors; directing subordinate agencies and units at localities to build a people's national defense system, combine economy with national defense, develop plans for mobilizing the national economy, prepare local logistical and technical bases, and perform related national defense tasks at the locality; identifying and proposing to the Prime Minister and the Minister of National Defense issues requiring amendment and supplementation to ensure unified, synchronized, and effective national defense work guidance.

Article 13. Responsibilities of Localities

1. Chairmen of People's Committees at all levels shall be responsible before the same-level People's Council, the superior-level People's Committee Chairman, and the Prime Minister for the implementation of national defense work at the locality.

2. Chairmen of People's Committees at localities shall perform their duties and powers regarding national defense work in accordance with the Law on the Organization of People's Councils and People's Committees at All Levels, other relevant legal regulations concerning national defense work, and provisions of this Decree.

Article 14. Inspection, Supervision, and Resolution of Complaints and Accusations Regarding National Defense Work

1. The State Inspector General shall be responsible for coordinating with the Ministry of National Defense to periodically or unexpectedly inspect the implementation of national defense work at ministries, sectors, and localities in accordance with the law.

2. Annually and during each period, ministries, sectors, and People's Committees at localities shall direct the organization of inspections and supervision of the results of national defense work implementation at subordinate agencies and units.

3. The Inspectorate of the Ministry of National Defense shall lead and coordinate with inspectors from ministries, sectors, and localities to organize inspections of the implementation of national defense work according to the Ministry of National Defense's plan.

4. The permanent working group for national defense work of the Ministry of National Defense shall be responsible for coordinating with specialized and part-time personnel engaged in national defense work at ministries, sectors, and local military agencies at all levels to periodically or unexpectedly inspect the results of national defense work implementation, and report to the Ministry of National Defense.

5. The resolution of complaints and accusations related to national defense work at ministries, sectors, and localities shall be carried out in accordance with the laws on complaints and accusations.

Article 15. Mid-term Review and Final Summary of National Defense Work

1. The Ministry of National Defense shall assist the Government in periodically every two years to lead and coordinate with ministries, sectors, and localities to organize mid-term reviews and final summaries to evaluate the results of national defense work implementation at ministries, sectors, and localities.

2. Annually, ministries, sectors, and localities shall conduct mid-term reviews and final summaries to draw lessons from the results of national defense work implementation; promptly identify and correct deficiencies and shortcomings in the guidance and organization of national defense work implementation at each ministry, sector, and locality.

Chapter V
NATIONAL DEFENSE WORK IMPLEMENTATION GUARANTEE SYSTEMS AND POLICIES

Article 16. Ensuring Funding for National Defense Work

1. The state budget allocated for national defense work at ministries, sectors, and localities shall be included in the annual budget estimates of ministries, sectors, and localities in accordance with the State Budget Law and other relevant legal documents.

2. For state-owned enterprises and non-state-owned enterprises, funding for the implementation of national defense tasks annually, including: national defense education, training, activities of self-defense forces, reserve mobilization, recruitment, exercises, and serving other national defense tasks shall be accounted for in the annual management expenses of each enterprise.

Article 17. Budget Estimates, Execution, and Settlement

The preparation of budget estimates, execution, and settlement of budgets for national defense work at ministries, sectors, and localities shall be carried out in accordance with Decree No. 60/2003/NĐ-CP dated June 6, 2003 of the Government detailing and guiding the implementation of the State Budget Law; Decree No. 10/2004/NĐ-CP dated January 7, 2004 of the Government on the management and use of state budget and assets for certain activities in the field of national defense and security, and current guiding documents.

Article 18. Systems and Policies for Implementing National Defense Work

Ministries, sectors, and localities shall be responsible for fully implementing state systems and policies for national defense work, building a people's national defense foundation, and constructing establish the people's armed forces; implement material and spiritual preferential policies for officers and soldiers of the people's army, self-defense militia, and reservists in military construction, training, combat, support for combat operations, and participation in maintaining political security, social order and safety, disaster prevention, mitigation, and response to epidemics. In cases where officers and soldiers of the people's army and self-defense militia fall ill, suffer accidents, injuries, or sacrifice while performing their duties, they shall be entitled to preferential benefits in accordance with the provisions of the law.

Chapter VI
REWARD AND VIOLATION HANDLING

Article 19. Awards

1. State agencies, economic organizations, political organizations, socio-political organizations, mass organizations, units, officers, and soldiers of the armed forces who have achievements in national defense work at ministries, sectors, and localities shall be considered for commendation and rewards according to the general regulations of the state and the Ministry of National Defense.

2. The Ministry of National Defense is responsible for coordinating and guiding ministries, sectors, and localities in implementing tasks and policies related to competition and reward work for national defense activities in accordance with the provisions of the law.

Article 20. Handling Violations

Any person who violates regulations or fails to fulfill responsibilities in directing and organizing national defense work at ministries, sectors, and localities shall be subject to disciplinary action, administrative penalties, or criminal prosecution based on the nature and severity of the violation. If damage is caused, compensation must be provided in accordance with the provisions of the law.

Chapter VII
IMPLEMENTING PROVISIONS

Article 21. Effectiveness

This Decree takes effect fifteen days from the date of publication in the Official Gazette and replaces Decree No. 19/CP dated March 12, 1994 of the Government on national defense work at ministries, agencies equivalent to ministries, government agencies, and localities.

Article 22. Organization and implementation

1. The Ministry of National Defense shall take the lead and coordinate with relevant ministries, sectors, and agencies to guide the implementation of this Decree.

2. Ministers, heads of agencies equivalent to ministries, heads of government agencies, heads of central organizations, agencies, departments, and mass organizations, and chairpersons of all levels of People's Committees are responsible for implementing this Decree.