Decree No. 13/2014/NĐ-CP detailing and guiding the implementation of the Law on National Defense and Security Education

DECREE

Detailed regulations and implementation measures

Law on National Defense and Security Education

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

Based on the Law on National Defense Education and Security dated June 19, 2013;

At the proposal of the Minister of National Defense,

The Government promulgates the Decree detailing and providing measures for the implementation of the Law on National Defense and Security Education.

Article 1. Scope of Regulation

This Decree details the implementation of Article 17, Clause 3 Article 23, Clause 3 Article 24, Clause 4 Article 29, Clause 4 Article 30 of the Law on National Defense and Security Education; construction and approval of plans to enhance knowledge of national defense and security; authority to prescribe models of certificates and manage certificates of completion of programs to enhance knowledge of national defense and security.

Article 2. Authority to summon subjects for national defense and security education

1. Subjects within state agencies and organizations, political organizations, and political-social organizations.

Subjects specified in this Point are referred to as Subject 1.

b) The Chairman of the Military Region Council for National Defense and Security Education decides to convene subjects under the management of the Provincial Party Committee Standing Committee (commonly referred to as provincial level), leaders and managers at the bureau, department, and equivalent levels within state agencies and organizations, political organizations, political-social organizations, state-owned enterprises with headquarters in the military region, provincial People's Council deputies according to the plan approved by the Minister of National Defense.

The Chairman of the Hanoi City Council for National Defense and Security Education decides to convene subjects under the management of the Hanoi City Party Committee Standing Committee, Hanoi City People's Council deputies; leaders and managers at the bureau, department, and equivalent levels within state agencies and organizations, political organizations, political-social organizations, state-owned enterprises with headquarters in Hanoi City according to the plan approved by the Minister of National Defense.

Subjects defined herein are referred to as Subject 2;

Subjects defined herein are referred to as Subject 3;

Subjects specified in Points d, đ, and e of this Clause are referred to as Subject 4.

g) The Minister of National Defense prescribes the authority to convene training in national defense and security knowledge for officers at the rank of colonel, lieutenant colonel, enterprise managers,事业单位法人等中央和省级单位的负责人决定召集不在本条款第a、b和c点规定范围内的人民武装警察部队中的中共党员进行国防和安全知识培训；

h) 公安部部长规定召集不在本条款第a、b和c点规定范围内的公安部队中的中共党员进行国防和安全知识培训的权限；

2. Subjects in non-state-owned enterprises and non-public service units

a) 省级国防教育委员会主席根据省长批准的计划，决定召集在《国防教育法》第15条第1款和第2款规定的非国有企业的管理人员（相当于对象3）进行国防和安全知识培训；

3. Subjects are outstanding individuals and community leaders

Article 3. Training Institutions for National Defense and Security Knowledge

1. The National Defense Academy provides training on national defense and security knowledge for Object 1.

The location for providing training on national defense and security knowledge for Category 4 subjects in communes according to the plan approved by the Chairman of the People's Committee at the district level.

The location for providing training on national defense and security knowledge for Category 4 subjects in state agencies, political organizations, and political-social organizations with headquarters in communes according to the plan approved by the Chairman of the People's Committee at the district level.

6. The Minister of National Defense shall specify the institutions providing training on national defense and security knowledge for officers of the rank of major and captain, business managers, public institution managers, Party members of the Communist Party of Vietnam in the Vietnam People's Army who do not fall under the categories specified in Points a, b, and c, Clause 1, Article 2 of this Decree.

7. The Minister of Public Security shall specify the institutions providing training on national defense and security knowledge for officers of the rank of major and captain, business managers, public institution managers, Party members of the Communist Party of Vietnam in the Vietnam People's Police who do not fall under the categories specified in Points a, b, and c, Clause 1, Article 2 of this Decree.

Article 4. Development and Approval of Training Plans on National Defense and Security Knowledge

1. Procedures for developing and approving plans

a) Annually or during phases, the Standing Office of the Central Council for National Defense and Security shall take the lead and coordinate with relevant functional agencies of the Central Organization Department, the Ministry of Home Affairs, related agencies and organizations, to assist the Minister of National Defense in developing plans for training on national defense and security knowledge for Category 1 subjects for the following year or phase, to be submitted for approval by the Prime Minister in July; direct the National Defense Academy to develop plans for each training session to be submitted for approval by the Chairman of the Central Council for National Defense and Security and to organize implementation.

b) Annually, the Standing Office of the Military Region Council for National Defense and Security shall take the lead and coordinate with relevant agencies and organizations to assist the Commander of the Military Region in developing plans for training on national defense and security knowledge for Category 2 subjects within the Military Region for the following year, to be submitted for approval by the Minister of National Defense in June; direct the Military Region's Military School to develop plans for each training session to be submitted for approval by the Chairman of the Military Region Council for National Defense and Security and to organize implementation.

Annually, the Standing Office of the Hanoi Capital Council for National Defense and Security shall take the lead and coordinate with relevant functional agencies of central ministries and agencies headquartered in Hanoi City to assist the Commander of the Hanoi Capital Command in developing plans for training on national defense and security knowledge for Category 2 subjects under central ministries and agencies for the following year, to be submitted for approval by the Minister of National Defense in June; coordinate with the Political Academy to develop plans for each training session to be submitted for approval by the Chairman of the Standing Office of the Central Council for National Defense and Security and to organize implementation.

Annually, the Standing Office of the Hanoi Capital Council for National Defense and Security shall take the lead and coordinate with relevant functional agencies of the Hanoi Municipal Party Committee's Organization Department, the Hanoi Department of Home Affairs, and related agencies and organizations to assist the Commander of the Hanoi Capital Command in developing plans for training on national defense and security knowledge for Category 2 subjects in Hanoi City for the following year, to be submitted for approval by the Minister of National Defense in June; direct the Military School of the Hanoi Capital Command to develop plans for each training session to be submitted for approval by the Chairman of the Hanoi Capital Council for National Defense and Security and to organize implementation.

Annually, the National Defense and Security Education Council at the commune level shall develop a plan for training national defense and security knowledge for target group 4 of the commune (excluding members of the People's Council at the commune level) for the following year, submit it to the Chairman of the People's Committee at the district level for approval in July, develop a plan for each course to be submitted to the Chairman of the National Defense and Security Education Council at the district level for approval, and organize its implementation.

Annually, the head of state agencies, political organizations, and socio-political organizations under the central government and provincial level with headquarters within the district shall develop a plan for training national defense and security knowledge for target group 4 under their jurisdiction (excluding members of the People's Council at the commune level) for the following year, submit it to the Chairman of the People's Committee at the district level for approval in July; develop a plan for each course to be submitted to the Chairman of the National Defense and Security Education Council at the district level for approval, and organize its implementation.

d) The Minister of National Defense shall prescribe the development and approval of plans for training national defense and security knowledge for officers of the rank of major and captain, business managers, public service unit managers, Party members of the Communist Party of Vietnam in the Vietnam People's Army who are not covered by Points a, b, c, and d of Clause 1, Article 2 of this Decree.

e) The Minister of Public Security shall prescribe the development and approval of plans for training national defense and security knowledge for officers of the rank of major and captain, business managers, public service unit managers, Party members of the Communist Party of Vietnam in the Vietnam People's Public Security who are not covered by Points a, b, c, and d of Clause 1, Article 2 of this Decree.

2. The contents of the plan include: Purpose, requirements, program content, participants, training subjects, time, location, conditions for ensuring implementation, and organization of implementation.

Article 5. Model certificate and management of certificates for completion of national defense and security knowledge training programs

1. The Minister of National Defense shall stipulate the model certificate for completion of national defense and security knowledge training programs for all target groups nationwide.

2. Management of certificates

a) The Director of the National Defense Academy decides on the printing, issuance, reissuance, revocation, and cancellation of certificates for completion of national defense and security knowledge training programs for Object 1;

b) The Director of the Political Academy, the President of the Military Region Command School shall decide on printing, issuing, reissuing, recalling, and canceling certificates of completion of the national defense and security knowledge training program for target group 2.

c) The Commander of the Hanoi Capital Military Command shall ensure certificates of completion of the national defense and security knowledge training program for target groups 2, 3, and 4, business managers outside the state sector, non-state public service units, outstanding individuals, and reputable persons in the community of Hanoi City; the President of the Hanoi Capital Military Command Military Region School shall decide on issuing, reissuing, recalling, and canceling certificates of completion of the national defense and security knowledge training program for target group 2 of Hanoi City.

d) The Commander of the Ho Chi Minh City Military Command, the Chief of the Provincial Military Command shall ensure certificates of completion of the national defense and security knowledge training program for target groups 3 and 4, business managers outside the state sector, non-state public service units, outstanding individuals, and reputable persons in the community within their respective jurisdictions.

3. Conditions for issuing, reissuing, revoking, and recalling certificates of completion of national defense and security knowledge training programs shall be implemented in accordance with the provisions of the law on diplomas and certificates.

Article 6. Standard qualifications for teachers and lecturers in national defense and security education; time frame and roadmap for completion

1. Teachers must have one of the following standard qualifications:

a) Hold a bachelor's degree in national defense and security education;

b) Hold a bachelor's degree in another field and a teaching certificate in national defense and security education;

c) Hold a second major degree in training teachers for national defense and security education.

2. Lecturers must have one of the following standard qualifications:

a) Hold a bachelor's degree in national defense and security education or higher;

b) Military or police officers holding a bachelor's degree or higher;

c) Hold a bachelor's degree or higher in another field and a teaching certificate in national defense and security education and a vocational training certificate in pedagogy.

3. Time frame and roadmap for completion

The Ministry of Education and Training shall take the lead and coordinate with the Ministry of National Defense and relevant agencies to develop and adjust plans for training teachers and lecturers in national defense and security education to ensure that:

a) By the end of 2016, over 70%, and by the end of 2020, over 90% of teachers in national defense and security education will be trained to meet the standard qualifications;

b) By the end of 2016, over 50%, and by the end of 2020, over 70% of lecturers in national defense and security education will be trained to meet the standard qualifications.

Article 7. Conditions for universities and military schools to train teachers and lecturers in national defense and security education

Higher education institutions and schools of the people's armed forces that meet the following conditions shall be considered by the Ministry of Education and Training for opening a teacher training program in national defense and security education:

1. Having a full-time teaching staff capable of delivering at least 70% of the training program, including at least one professor and three lecturers with master’s degrees in the registered field.

2. Have a teacher training program for national defense and security education issued by the Ministry of Education and Training.

3. Having a campus, infrastructure, lecture halls, training grounds, practice fields, specialized classrooms, and facilities ensuring teaching, learning, training, and centralized living according to military lifestyle for students.

4. Having a library, information search room, software, and equipment for borrowing and searching materials; having sufficient sources of information and materials: textbooks, course books, lectures of subjects/courses, related materials, domestic and foreign journals meeting the requirements for training teachers and lecturers in national defense and security education.

5. Have a dedicated management unit to meet the professional requirements for managing undergraduate teacher and lecturer training activities in national defense and security education.

Article 8. Sources of funding for national defense and security education

1. The central budget shall cover the costs for national defense and security education of the Ministries and sectors.

2. Local budgets ensure funding for national defense and security education at the local level.

3. Funding from enterprises and public institutions for national defense and security education.

4. Investments, sponsorships from organizations and individuals, and other lawful revenues allocated for national defense and security education in accordance with the law.

Article 9. Contents of Expenditure of the Ministry of National Defense

1. Developing legal normative documents, programs, plans, projects, directive documents, and guidance documents on national defense and security education within their authority; compiling and printing textbooks and materials; certificates of completion of the national defense and security knowledge training program.

2. Ensuring the training of national defense and security knowledge for Category 1 subjects, Category 2 subjects, officers of the rank of major and captain, business managers, public institution staff, and party members in the People's Army.

3. Training, enhancing, and instructing teachers and lecturers; ensuring benefits and rights for educators and lecturers under the provisions of the law.

4. Ensuring weapons, military explosives, technical equipment, and specialized military teaching aids for teaching and learning the national defense and security education subject for educational institutions nationwide; ensuring means and materials for national defense and security education for military agencies, units, and schools assigned the task of national defense and security education; ensuring common uniforms for students studying at national defense and security education centers.

5. Ensuring the operation of the Central Council for National Defense and Security Education, Military Region Councils, and units assigned with national defense and security education tasks.

6. Planning, constructing, and upgrading national defense and security education centers at military schools and knowledge enhancement centers for Category 1, Category 2, and Category 3 subjects.

7. Conducting scientific research, international cooperation, and overseas study on national defense and security education.

8. Conducting party work, political work, propaganda, dissemination, inspection, audit, mid-term review, final evaluation, commendation, complaint resolution, and handling violations of national defense and security education laws within their authority.

9. Other expenditures for national defense and security education as prescribed by law.

Article 10. Contents of Expenditure of Localities

1. Developing legal normative documents, programs, plans, projects, directive documents, and guidance documents on national defense and security education; printing certificates of completion of the national defense and security knowledge training program within their authority.

2. Training, ensuring benefits and rights for propagandists, teachers, and lecturers; benefits and rights for national defense and security education speakers under their jurisdiction as prescribed by law.

4. Ensuring means, materials, textbooks, and materials for national defense and security education for local agencies, units, and educational institutions.

6. Planning, constructing, and upgrading facilities directly serving national defense and security education, enhancement, and dissemination in the locality.

7. Inspection, audit, interim summary, final summary, commendation; complaint resolution, and handling of violations of national defense and security education laws according to authority.

8. Other expenditures for national defense and security education as prescribed by law.

Article 11. Contents of Expenditure of State Administrative Agencies

1. Drafting normative legal documents, programs, plans, projects, guiding and directing documents on national defense and security education in accordance with their authority.

2. Implementing education, training, propaganda, and dissemination of knowledge on national defense and security in accordance with the provisions of the law.

3. Ensuring means, materials, textbooks, teaching materials, and documents on national defense and security education for agencies, units, and educational institutions under their jurisdiction.

4. Constructing and upgrading facilities directly serving education, training, and disseminating national defense and security knowledge under the management of state agencies.

5. Inspecting, auditing, summarizing, concluding, rewarding, handling complaints, accusations, and dealing with violations of laws on national defense and security education in accordance with their authority.

6. Other expenditures for national defense and security education in accordance with the provisions of the law.

Article 12. Contents of Expenditure of Political Organizations and Social-Political Organizations

1. Drafting programs, plans, guiding and directing documents on national defense and security education in accordance with their authority.

2. Implementing education, training, propaganda, and dissemination of knowledge on national defense and security in accordance with the provisions of the law.

3. Ensuring means, materials, textbooks, teaching materials, and documents on national defense and security education for agencies, units, and educational institutions under their jurisdiction.

4. Constructing and upgrading educational bases for national defense and security knowledge within political organizations and social-political organizations.

5. Participating in inspection and auditing; implementing summaries, conclusions, and rewards on national defense and security education in accordance with their authority.

6. Other expenditures for national defense and security education in accordance with the provisions of the law.

Article 13. Contents of Expenditure of Non-State Enterprises and Non-Governmental Public Institutions

1. Ensuring the system and benefits for subjects receiving national defense and security knowledge training as stipulated in Clause 2, Article 18 of the National Defense and Security Education Law.

2. Propagating and disseminating national defense and security knowledge to the subjects specified in Clause 1, Article 22 of the National Defense and Security Education Law.

3. Other expenditures for national defense and security education in accordance with the provisions of the law.

Article 14. Effectiveness and Responsibility for Implementation

1. This Decree takes effect from April 10, 2014.

2. The Minister of National Defense and the Minister of Public Security shall provide detailed regulations and guidance on implementing the provisions assigned in this Decree.

3. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally-administered city People's Committees, relevant agencies, organizations, and individuals are responsible for enforcing this Decree./.