Decree No. 168/1999/NĐ-CP stipulates the list and regulations, procedures for registering and managing technical equipment to be mobilized as supplementary support for the regular forces of the military.

 

DECREE

Regulations on the list and registration system, procedures for registering and managing technical equipment to be mobilized for the regular forces of the military

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THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Based on the Ordinance on the Reserve Force dated August 27, 1996;

At the proposal of the Minister of National Defense,

DECREE:

Article 1. This Decree promulgates the list of technical equipment (with attached annexes) and stipulates the system and procedures for registering and managing technical equipment to be mobilized for the regular forces of the military.

Article 2. This Decree does not apply to technical equipment in the inventory of people's armed units, technical equipment owned by foreign organizations and individuals and joint ventures with foreign participation operating within the territory of Vietnam.

Article 3. In this Decree, the following terms are understood as follows:

1. The owner of technical equipment is an organization or individual having ownership rights or directly exercising ownership rights over the technical equipment.

2. Place of residence of the owner of technical equipment:

a) If the owner of technical equipment is an organization, the place of residence is the location of its headquarters;

b) If the owner of technical equipment is an individual, the place of residence is the place where they permanently reside and have a permanent household registration or temporary residence registration.

Within thirty days from the date of issuance of the certificate of ownership of technical equipment, the owner of technical equipment must register for the first time at the military authority of the district.

2. Registration Procedures:

a) The owner of technical equipment presents the certificate of registration of ownership of technical equipment and provides information about the technical equipment to the military authority of the district.

b) The military authority of the district records in the register of technical equipment, issues a registration form for technical equipment, and issues a certificate of registration of technical equipment to the owner.

Within thirty days from the occurrence of any of the following cases, the owner of technical equipment must register supplementary or change registration with the military authority of the district where the initial registration was made:

a) The owner of technical equipment is an individual who has changed their place of residence within the district.

b) Technical equipment has changed its performance, function, and technical condition based on the results of the State inspection agency's inspection.

2. Registration Procedures:

a) The owner of technical equipment must personally present or send a notification of supplementary or changed technical equipment to the military authority of the district. The notification of supplementary or changed technical equipment is signed by the head of the organization (if it is an organization) or confirmed by the People's Committee of the commune, ward, town (collectively referred to as commune) (if it is an individual).

b) Upon receiving the notification of supplementary or changed technical equipment, the military authority of the district checks and records the supplementary or changed content in the register of technical equipment and the registration form for technical equipment.

In the case where the owner of technical equipment changes their place of residence outside the district, they must register for relocation.

2. Registration Procedures:

a) Before leaving the old place of residence, the owner of technical equipment must go to the military authority of the district to present a relocation notice. The military authority of the district checks and deletes the name from the register of technical equipment, issues a letter of introduction for relocating technical equipment and a registration form for technical equipment for the owner to bring to the new place of residence.

b) Within thirty days from arriving at the new place of residence, the owner of technical equipment must go to the military authority of the district to present the permanent residence registration or temporary residence registration, the letter of introduction for relocating technical equipment, the registration form for technical equipment, and the certificate of registration of technical equipment. The military authority of the district will carry out the registration as prescribed in Article 5 of this Decree.

Within thirty days from the occurrence of any of the following cases, the owner of technical equipment must go to the military authority of the district where the initial registration was made to complete the deregistration procedures:

a) The technical equipment is severely damaged and cannot be restored.

b) The technical equipment is allowed to be transformed or converted into another type of technical equipment not included in the list attached to this Decree.

c) The technical equipment changes ownership.

d) The technical equipment is considered missing, destroyed, sunk, burned, or involved in other accidents that cannot be salvaged or repaired.

2. Deregistration procedures:

a) The owner of technical equipment presents a request for deregistration of technical equipment, confirmed by the head of the organization (if it is an organization) or confirmed by the People's Committee of the commune (if it is an individual), and submits the certificate of registration of technical equipment.

b) The military authority of the district checks and deletes the name from the register of technical equipment, and recovers the certificate of registration of technical equipment.

Article 9.

1. Technical equipment arranged in the plan to supplement the regular forces of the military (excluding technical equipment arranged in reserve mobilization units built by Ministries and sectors) must register as temporarily absent when any of the following situations occur:

a) Technical equipment operates continuously outside the province, centrally-administered city (collectively referred to as province) for six months or more.

b) Technical equipment is used for collateral, mortgage, or pledge.

a) Within thirty days from the date of operating technical equipment outside the province or completing the collateral, mortgage, or pledge procedures for technical equipment, the owner of technical equipment must send a notification of temporarily absent technical equipment, confirmed by the head of the organization (if it is an organization) or confirmed by the People's Committee of the commune (if it is an individual) to the military authority of the district. The military authority of the district checks and records the name of the technical equipment in the register of temporarily absent technical equipment.

b) Within thirty days from the date when the technical equipment ceases to operate outside the province's territory or from the completion of the procedures for the technical equipment being released from pledge, mortgage, or detention, the owner of the technical equipment must send a notification of the expiration of the temporary absence period of the technical equipment (with confirmation as prescribed in point a, Clause 2 of this Article) to the military authority of the district. The military authority of the district shall check and delete the name from the register of temporarily absent technical equipment.

Article 10. The statistical reporting system for technical equipment is regulated as follows:

5. Ministries, ministerial-level agencies, and government agencies are responsible for providing information and data on technical equipment upon request by the Ministry of National Defense.

6. Public Security agencies, provincial transportation agencies, and registration agencies for ships and seafarers under the Ministry of Transport and the Ministry of Fisheries are responsible for providing information and data on technical equipment registered and managed by their agencies upon request by the provincial military authorities.

Article 11. The budget for registering and managing technical equipment is implemented according to the provisions of Clause 8, Article 27, and Clause 1, Article 30, Part II, Chapter V of Decree No. 39/CP dated April 28, 1997 of the Government.

The Ministries of Public Security, Transportation, and Fisheries cooperate with the Ministry of National Defense in directing and guiding the registration and management of technical equipment. At the same time, they direct administrative registration and quality inspection agencies under their authority to coordinate with provincial military authorities in the registration and management of technical equipment.

The Commander of the Military Region assists the Minister of National Defense in directing, guiding, urging, and inspecting the registration and management of technical equipment within the Military Region's area.

The Chairman of the People's Committee of the province directs the military authority, public security authority, provincial transportation department, and other relevant agencies to implement the registration and management of technical equipment within the province.

The Chairman of the People's Committee of the district directs the military authority at the same level and other relevant departments directly to register and manage technical equipment within the district.

The Chairman of the People's Committee of the commune implements the provisions regarding the registration and management of technical equipment in this Decree based on their functions, tasks, and powers.

Article 13. Organizations and individuals owning technical equipment that may be mobilized to supplement the regular forces of the military who violate the regulations on the registration and management of technical equipment stipulated in this Decree and related legal normative documents will be subject to disciplinary action, administrative handling, or criminal prosecution depending on the nature and severity of the violation as provided by law.

Complaints and denunciations of organizations and individuals related to the system and procedures for the registration and management of technical equipment are handled in accordance with the law.

Article 15. The Minister of National Defense is responsible for guiding or coordinating with relevant ministries and sectors to guide the implementation of this Decree.