Decree No. 168/2018/ND-CP on defense work at central ministries and localities

DECREE
On defense work at central ministries and localities
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Pursuant to the Law on Government Organization dated June 19, 2015;

Based on Decree No. 168/2018/NĐ-CP dated December 28, 2018 of the Government on defense work at central ministries and localities;

"Based on the proposal of the Minister of National Defense;"

The Government promulgates this Decree on defense work at central ministries and localities.

Chapter I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree details Article 16 of the Defense Law 2018 regarding the content of defense work at central ministries and localities; Military Command of central ministries and the permanent office for defense work of localities; responsibilities, relationships of central ministries and localities and funds to ensure defense work.

Article 2. Applicability

This Decree applies to Ministries, ministerial-level agencies, agencies under the Government, central agencies of the Party, central agencies of the Vietnam Fatherland Front, central agencies of political-social organizations, Office of the President, Office of the National Assembly, State Audit Agency, Supreme People's Procuracy, Supreme People's Court; Hanoi National University, Ho Chi Minh City National University; corporations and holding companies established by the Prime Minister’s decision (hereinafter referred to collectively as central ministries), and localities.

Article 3. Content of defense work

Basic contents of defense work at central ministries and localities include:

1. Issuing guiding documents on defense within the scope of authority;

2. Leading, directing, managing, operating and organizing the implementation of defense activities in accordance with the law;

3. Building and organizing the implementation of plans, programs, projects on defense in accordance with the provisions of the law;

4. Performing tasks and exercising powers as prescribed in Articles 35, 36, 37, 38, 39 of the National Defense Law, this Decree and other relevant laws;

5. Inspecting, auditing, handling violations, resolving complaints and denunciations within the scope of management related to defense in accordance with the provisions of the law;

6. Reporting, holding meetings, summarizing, concluding, promoting and rewarding defense work.

Chapter II
MILITARY COMMAND OF CENTRAL MINISTRIES AND AGENCIES; PERMANENT OFFICE FOR DEFENSE WORK AT LOCALITIES

Article 4. Composition, tasks, and powers of the Military Command; duties and responsibilities of positions in the Military Command of central ministries

1. The Military Command of central ministries (except the Ministry of Public Security) operates on a part-time basis, consisting of the Commander being the head or deputy head of the central ministry; the Political Commissar being the Secretary or Deputy Secretary of the Party Cadre Committee, Party Group, or equivalent Party committee; the Deputy Commander being a department leader or equivalent or higher; the Deputy Political Commissar being a department leader with relevant expertise.

Based on defense and military requirements related to the field of management, central ministries may be allocated up to three Deputy Commanders of the Military Command.

2. The Military Command of central ministries advises the central ministries on leading, directing, managing, operating, guiding, and implementing defense tasks in accordance with the Defense Law, this Decree, other relevant laws, and assigned authorities, and has the following tasks and powers:

a) Taking the lead in advising on the issuance of leadership and direction documents, plans; guiding the implementation of defense work;

b) Taking the lead and coordinating with related agencies and organizations in propagating and disseminating the Party's policies and viewpoints, state laws on defense; implementing national defense and security education;

c) Directing and guiding the Military Command of subordinate agencies and organizations under the management of the central ministry to implement civil defense and self-defense work; conscription and call-up of citizens for military service;

d) Advising on the development of plans and mobilization of reserve forces; mobilizing resources of the central ministry to ensure defense; mobilizing to meet defense needs in the first year of war; industrial mobilization; transitioning organizational structures and activities of the central ministry from peacetime to wartime;

đ) Advising, directing, guiding and coordinating in building the whole people's national defense, people's armed forces, military region defense, defense area, defense industry, security;

e) Advising, directing, guiding and coordinating in implementing the integration of economy, society, security, foreign affairs with defense; implementing civil defense;

g) Performing other tasks as prescribed by law and assigned by authorized authorities.

3. The operational regulations of the Military Command of central ministries shall be issued by the head of the central ministry.

4. The Minister of National Defense shall stipulate the duties and responsibilities of the Commander, Political Commissar, Deputy Commander, and Deputy Political Commissar of the Military Command of central ministries.

Article 5. Establishment, Dissolution of the Military Command Board and Appointment, Removal of Positions within the Central Ministries' and Agencies' Military Command Board

1. The Minister of National Defense shall decide on the establishment, dissolution of the Military Command Board; appointing and removing the positions of Commander, Political Commissar, Deputy Commander, Deputy Political Commissar of the Military Command Board of central ministries and agencies.

2. The dossier, procedures, and formalities for establishing, dissolving the Military Command Board; appointing and removing the positions of Commander, Political Commissar, Deputy Commander, Deputy Political Commissar of the Military Command Board of central ministries and agencies are regulated as follows:

a) The dossier includes: The proposal document for establishing, dissolving the Military Command Board of central ministries and agencies; the list proposing to appoint and remove positions within the Military Command Board of central ministries and agencies;

b) Procedure and time limit for implementation: Central ministries and agencies are responsible for preparing one dossier according to the provisions at point a of this clause and sending it to the Ministry of National Defense (through the General Staff Department - the permanent office for defense work in central ministries and agencies, localities of the Ministry of National Defense) for review.

Within five working days from the date of receipt of the dossier, if the dossier does not meet requirements, the General Staff Department will issue a directive to guide central ministries and agencies to complete the dossier.

Within fifteen working days from the date of receipt of the documents, the General Staff Department will submit to the Minister of National Defense for decision on establishment, dissolution, appointment, and removal.

3. When there are changes related to the organization and personnel of the Military Command Board, central ministries and agencies shall submit a document requesting the Ministry of National Defense to consider and decide.

Article 6. Seal of the Military Command Board of Central Ministries and Agencies

1. The Military Command Board of central ministries and agencies may use their own seals.

2. The seal of the Military Command Board of central ministries and agencies shall be used for defense-related documents and other documents related to defense work within their authority.

3. The design of the seal, procedures for engraving, authority to handle registration and management of the seal of the Military Command Board of central ministries and agencies shall be carried out in accordance with the provisions of the law.

Article 7. Permanent Office for Defense Work at the Local Level

2. Local permanent defense offices have the function of advising the Party committee, local government at the same level and organizing the implementation of defense work at the local level in accordance with the law and the authority assigned.

3. The tasks and powers of the permanent office for defense work at the commune level shall be implemented in accordance with the law on Self-Defense Militia.

Chapter III
RESPONSIBILITIES OF THE CENTRAL MINISTRIES AND AGENCIES, LOCALITIES IN DEFENSE WORK

Article 8. Responsibilities of the Ministry of National Defense

The Ministry of National Defense is responsible before the Government for state administration in defense matters; implementing the tasks and powers prescribed in the Law on Defense, decrees stipulating the functions, tasks, powers, organizational structure of the Ministry of National Defense, other relevant laws, and has the following responsibilities:

1. Directing and guiding central ministries and agencies, localities on defense work.

2. Directing the Military Region Command to assist the Ministry of National Defense in performing state management functions in the field of defense in the Military Region area. Directing the Hanoi Capital Military Command to assist the Ministry of National Defense and advise the Hanoi People's Committee on state management in the defense area.

4. Coordinating with central ministries and agencies, localities to build a people's defense system, a people's defense posture linked with a people's security system, a people's security posture to meet the requirements of building and defending the country.

5. Implementing tasks as prescribed by other relevant laws and the authority assigned.

Article 9. Responsibilities of the Ministry of Public Security

Within its scope, functions, tasks, and authorities, it shall coordinate with the Ministry of National Defense to manage state affairs on national defense and have the following responsibilities:

1. Coordinating with the Ministry of National Defense to direct and guide central ministries and agencies, localities to build a people's defense system, a people's defense posture linked with a people's security system, a people's security posture.

2. Directing subordinate agencies and units to cooperate with People's Army units, Self-Defense Militia units to perform defense tasks in accordance with the Law on Defense and other relevant laws.

3. Coordinating with the Ministry of National Defense to inspect and examine; resolve complaints and denunciations, handle violations of defense work in accordance with the law on defense and other relevant laws.

4. Perform other tasks as prescribed by law and assigned by competent authorities.

Article 10. Responsibilities of Ministries and Central Agencies

1. Responsibilities of Ministries, equivalent Ministries, State Audit Agency, Supreme People's Procuracy, Supreme People's Court

Within their respective duties and powers, Ministries, agencies at the level of Ministries, State Audit Office, Supreme People's Procuracy, Supreme People's Court shall perform the tasks and powers stipulated in Article 36 of the National Defense Law and have the following responsibilities:

a) Propagate and disseminate the Party’s viewpoints, guidelines, policies, and the State’s policies and laws on national defense; implement national defense and security education according to the law;

b) To develop and implement plans on national defense for their agencies and organizations; to coordinate in implementing measures related to information warfare and cyber warfare in accordance with laws on national defense and other relevant laws;

c) To prepare necessary conditions to ensure mobilization for national defense as prescribed by law; to implement orders, decisions, and measures during curfew, martial law, state of emergency for national defense, state of war, partial mobilization, general mobilization, to meet combat requirements and support combat operations; to be ready to arm themselves to defend the country;

d) To implement systems and policies for the people's armed forces, relatives of those serving in the people's armed forces; military rear policies, preferential policies for those who have contributed to the revolution, as prescribed by law;

đ) Implement tasks to ensure national reserve requirements for national defense according to the decision of the competent authority;

e) Based on their functions, duties, powers, organizational structure, and national defense requirements of their agencies and organizations, to exchange and agree with the Minister of National Defense to assign officers from the military to work on national defense as prescribed by law;

g) To direct the establishment and operation of Military Command Boards, agencies working on national defense; to direct officers from the military (if any) to work on national defense in their agencies and organizations as prescribed by law;

h) To direct and guide subordinate agencies and units to participate and coordinate with related agencies, organizations, and localities in building the political system, consolidating the all-people solidarity bloc, comprehensively strong grassroots bases, the whole-people national defense cause, military district defense, and defense zones;

i) Ministries and agencies at the level of Ministries shall cooperate with the Ministry of National Defense, the Ministry of Public Security, and related agencies, organizations, and localities in building material and technical foundations, developing national defense and security industries, scientific and technological military development; to mobilize the scientific and technological potential of their agencies and organizations to serve national defense;

k) Coordinate with the Ministry of National Defense and localities to direct and guide subordinate agencies and organizations headquartered in localities to perform national defense tasks on the territory according to the law;

l) To coordinate with provinces and centrally-administered cities to direct and guide departments and sectors under their management to fulfill national defense tasks on their territories as prescribed by law;

m) Inspect, examine, summarize, report; implement commendation and reward work; handle complaints, denunciations, and deal with violations in national defense work according to the law;

n) Perform other national defense tasks as prescribed by law, the Minister of National Defense, and the competent authority;

2. Responsibilities of Party Central Committee Agencies, Central Agencies of Political-Social Organizations, President's Office, National Assembly's Office

Within their respective duties and powers, Party Central Committee Agencies, Central Agencies of Political-Social Organizations, President's Office, National Assembly's Office shall have the following responsibilities:

a) Issue or propose issuance of leadership and guidance documents on national defense work related to their managed sectors within their authority;

b) Coordinate with the Ministry of National Defense and related agencies to implement the integration of economy, society, security, foreign relations with national defense in their managed sectors;

c) Participate in building and implementing strategies, planning, programs, projects on national defense according to assigned tasks;

d) To participate in building the whole-people national defense cause, the whole-people national defense posture, linked with the people's security cause, the people's security posture; military district defense, defense zones, people's armed forces according to the provisions of the law and the guidance of competent authorities;

đ) Implement the provisions of points a, b, c, d, e, g, h, l, and n of Clause 1 of this Article;

e) To inspect, summarize, report; to implement competition and reward activities; to handle complaints and denunciations, deal with violations of national defense work within their managed sectors and fields as prescribed by law.

3. Responsibilities of the Central Committee of the Vietnam Fatherland Front

The Central Committee of the Vietnam Fatherland Front shall perform the tasks and powers stipulated in Article 39 of the National Defense Law and have the responsibility to direct the establishment, improvement, and operation of the Military Command Board of its agency as prescribed in Article 5 of this Decree.

4. Responsibilities of Government Agencies; Hanoi National University, Ho Chi Minh City National University, Groups and Corporations established by the Prime Minister's Decision

Within their respective duties and authorities, government agencies; Hanoi National University, Ho Chi Minh City National University, groups, corporations shall have the following responsibilities:

a) Issuing leadership documents, directives, plans, guidance for national defense work at their own agencies and units;

b) Implementing the integration of economic and social development, security, foreign relations with national defense as prescribed by law;

c) Implementing strategies, planning, plans, projects on national defense assigned by competent authorities;

d) Implementing provisions at points a, b, c, d, e, g, n of Clause 1, point b of Clause 2 of this Article;

đ) Government agencies and corporations ensure the needs of national defense reserves according to the decisions of competent authorities;

e) To participate in building material and technical foundations, developing national defense and security industries, scientific and technological military development; to mobilize the scientific and technological potential to serve national defense according to the decision of competent authorities assigned;

g) Inspecting, summarizing, concluding, reporting; implementing competition and reward activities; resolving complaints and denunciations, handling violations of national defense work at their own agencies and units as prescribed by law.

Article 11. Responsibilities of localities

1. People's Councils at all levels, within their respective duties and authorities, shall be responsible for implementing legal regulations on local administrative organization and Article 37 of the Law on Defense.

2. Responsibilities of Provincial People's Committees

a) Implementing tasks and powers as prescribed by law on local administrative organization and Article 38 of the Law on Defense;

b) Propagating and disseminating the Party's viewpoints, policies, and the State's laws on national defense; implementing national defense and security education as prescribed by law;

c) To build national defense potential and strength, the political system, the all-people solidarity bloc, comprehensively strong grassroots bases to meet the requirements of building the whole-people national defense cause, the whole-people national defense posture linked with the people's security cause, the people's security posture in the defense zone;

d) Combining economic and social development with national defense and national defense with economic and social development; combining national defense with security and foreign relations as prescribed by law;

đ) Preparing necessary conditions to ensure national defense mobilization as prescribed by law and assigned by competent authorities;

e) Building plans and implementing measures for information warfare, cyber warfare;

g) To proactively handle effectively situations related to national defense; to prepare all aspects, to implement orders, decisions, and measures during curfew, martial law, state of emergency for national defense, state of war, partial mobilization, general mobilization, to meet long-term combat and support combat requirements of the locality; to be ready to arm the entire people to defend the country as prescribed by law;

h) Leading and directing the construction and operation of provincial military offices - the permanent body for national defense work of the locality;

i) To direct the establishment, improvement, and operation of the Military Command Board of agencies, organizations, economic organizations, public service units in the locality; based on national defense requirements and tasks, to propose the Ministry of National Defense to assign officers from the military to work on national defense as prescribed by law;

k) To implement systems and policies for the people's armed forces, relatives of those serving in the people's armed forces; military rear policies, preferential policies for those who have contributed to the revolution, as prescribed by law;

l) To coordinate with the Ministry of National Defense and related agencies to implement strategies, planning, plans, projects, national defense tasks assigned by competent authorities; to coordinate with related agencies to implement plans to ensure national reserve needs for national defense;

m) To coordinate with the Ministry of National Defense and related agencies to direct the establishment of material and technical foundations; to develop national defense and security industries; scientific and technological military development; to mobilize the scientific and technological potential of agencies, organizations, and individuals in the locality to serve national defense;

n) Inspecting, checking, summarizing, concluding, reporting; implementing competition and reward activities; resolving complaints and denunciations, handling violations of national defense work as prescribed by law;

o) Implementing other national defense tasks as prescribed by law, the Minister of Defense, the Commander of the Military Region, and competent authorities;

a) To implement the provisions of points a, b, c, d, đ, e, g, k, n, o Clause 2 of this Article;

b) To lead and direct the establishment and operation of the Military Command Board at the district level - the permanent body for national defense work of the locality;

c) To direct the establishment, improvement, and operation of the Military Command Board of agencies, organizations, economic organizations, public service units in the locality within their authority;

d) Coordinate with relevant agencies and organizations to implement defense strategies, plans, programs, and assigned tasks;

đ) Coordinate with relevant agencies and organizations to participate in building material and technical infrastructure; develop defense and security industries; military science and technology; mobilize scientific and technological potential from agencies, organizations, and individuals at the district level for defense purposes;

e) Prepare necessary conditions to ensure defense mobilization according to the provisions of the law and assignments from competent authorities;

4. Responsibilities of Commune People's Committees

a) Implementing provisions at points a, b, c, d, đ, g, k, n, o of Clause 2 of this Article;

b) Lead and direct the construction and operation of the People's Militia and Self-Defense Force Board at the commune level - the standing office for defense work in the locality;

d) Participate in building material and technical infrastructure to serve the development of defense and security industries; implement decisions of competent authorities regarding the mobilization of scientific and technological potential from agencies, organizations, and individuals at the commune level for defense purposes;

e) Implementing measures for information warfare, cyber warfare according to assigned tasks.

5. The Vietnam Fatherland Front Committee of the locality shall be responsible for implementing duties and powers on national defense as prescribed in Article 39 of the Law on Defense.

Chapter IV
RELATIONSHIP REGARDING NATIONAL DEFENSE WORK

Article 12. Relationship between central ministries and localities on defense work

1. The Ministry of National Defense directs and guides central ministries and localities on defense work.

2. Central ministries direct and guide localities on defense work related to their respective sectors and fields of management. Central ministries coordinate with localities to direct and guide agencies and units under their jurisdiction and those of localities within their sectors and fields of management to perform defense work.

3. Central ministries coordinate with the Military Command of the Military Region to direct and guide agencies and units under their jurisdiction and those of localities within their sectors and fields of management to perform defense work; coordinate with the Military Command of Hanoi City to direct and guide agencies and units under their jurisdiction to perform defense work.

Clause 4. Military Zone Commanders direct, guide, and coordinate with localities to implement national defense work within their jurisdiction.

5. The relationship between central ministries (except the Ministry of National Defense and the Ministry of Public Security) and among localities at the same level is a cooperative relationship to implement defense work.

Article 13. Relations between local military offices - the permanent bodies for national defense work of localities regarding national defense work

Clause 1. The relationship between local military offices and the Party committees and authorities at the same level is a relationship of leadership, direction, management, and operation regarding national defense work.

Clause 3. The relationship between local military offices and organizations at the same level under the management of the locality is a relationship of direction and guidance regarding national defense work.

5. The relationship between the Commune People's Militia and Self-Defense Force Board and agencies and organizations on the territory is a cooperative relationship to implement related defense work.

Clause 6. The relationship between local military offices and adjacent agencies, organizations, and localities is a relationship of coordination and cooperation in implementing relevant national defense work.

Article 14. Relationship of the Central Ministry and Sector People's Militia and Self-Defense Force Board on defense work

2. The relationship between the Central Ministry and Sector People's Militia and Self-Defense Force Board and the Ministry of National Defense is a relationship subject to direction and guidance on defense work.

3. The relationship between the Central Ministry and Sector People's Militia and Self-Defense Force Board and the Military Command of the Military Region is a cooperative relationship to implement guidance from the Military Command of the Military Region on defense work within its authority.

4. The relationship between the Central Ministry and Sector People's Militia and Self-Defense Force Board and functional agencies under the Ministry of National Defense is a relationship subject to guidance on related defense work.

6. The relationship between the Central Ministry and Sector People's Militia and Self-Defense Force Board and the People's Militia and Self-Defense Force Board, agencies, and organizations under the central ministry and those of localities within their sectors and fields of management is a directive and guidance relationship on related defense work.

Chapter V
REPORTING, INSPECTION, AUDIT, MEETING, INTERIM REVIEW, AND FINAL SUMMARY OF NATIONAL DEFENSE WORK

Article 15. National Defense Work Reports

1. Central ministries and localities report on defense work in writing, periodically as follows:

c) Annually, the People's Committee of provinces shall report to the Military Region Command before November 25; the People's Committee of Hanoi City shall report to the Ministry of National Defense before November 25;

d) Annually, the Military Command of the Military Region and central ministries report to the Ministry of National Defense before November 30;

đ) Annually, the Ministry of National Defense shall compile and report to the Government before December 25.

2. When there are urgent tasks or situations related to national defense, agencies and organizations must promptly report.

3. Content and format of the report (with attached annexes).

Article 16. Inspection and Supervision of National Defense Work

1. Regularly or urgently, competent authorities shall organize inspections of national defense work in accordance with laws on inspection and other relevant laws.

2. Regularly or urgently, supervision of national defense work shall be organized as follows:

a) The Ministry of National Defense inspects central ministries and localities;

b) Central ministries take the lead or coordinate with the Ministry of National Defense to inspect agencies and organizations under their jurisdiction and those within their sectors and fields of management in localities;

c) The Military Region Command shall inspect localities, agencies, and organizations within its area;

Article 17. Coordination Meetings, Mid-Term Reviews, and Summaries of National Defense Work

1. Joint meetings on defense work are regulated by the head of central ministries and the Chairman of the People's Committee at the provincial level.

2. Mid-term reviews and summaries of national defense work shall be conducted as follows:

a) Annually, central ministries and localities organize summary conferences at the end of the fourth quarter or integrate them with annual summary conferences, decided by the head of central ministries and localities;

b) Annually, the Ministry of National Defense shall organize nationwide summary conferences on national defense work at the end of the fourth quarter;

c) Organize mid-term reviews and summaries for individual tasks according to directives from competent authorities.

Chapter VI
NATIONAL DEFENSE WORK FUNDS; REGIME AND POLICIES FOR THE MILITARY COMMAND OF CENTRAL MINISTRIES AND SECTORS

Article 18. Sources of Funds

1. The state budget ensures defense work in central ministries (excluding economic organizations), localities, and is allocated in the annual state budget according to the State Budget Law and other relevant laws.

2. Expenses guaranteed by economic organizations for defense tasks specified in Clause 3, Article 19 of this Decree shall be included in deductible expenses when determining the taxable income of economic organizations according to the law.

3. Other legitimate sources of revenue.

Article 19. Tasks for National Defense Expenditure

1. Expenditures for defense work of central ministries and localities (excluding economic organizations) are implemented according to the State Budget Law, the Law on Defense, and other relevant laws.

2. National defense expenditure tasks of economic organizations include:

a) Implementing national defense education and security tasks as prescribed by laws on national defense education and security;

b) Organizing construction, training, and activities of self-defense forces as prescribed by laws on Self-Defense Forces;

c) Fulfilling military service obligations as prescribed by laws on military service;

d) Fulfilling civil defense tasks as prescribed by laws on civil defense;

đ) Fulfilling other national defense tasks as prescribed by laws on national defense and relevant laws.

Article 20. Regulations and policies for the Military Command Board of central ministries and agencies

1. The level of position allowance for the Commander, Political Commissar, Deputy Commander, and Deputy Political Commissar shall be calculated and paid monthly, equivalent to the base salary multiplied by the specific coefficient as follows:

a) Commander and Political Commissar of the Military Command Board of central ministries and agencies: 0.25;

b) Deputy Commander and Deputy Political Commissar of the Military Command Board of central ministries and agencies: 0.24;

c) The period during which the position allowance for Commander, Political Commissar, Deputy Commander, and Deputy Political Commissar is enjoyed shall be calculated from the date of the appointment decision and shall continue until the decision to relieve them of their positions is made; if they hold the position for 15 days or more in a month, they shall receive the full position allowance for that month, and if they hold the position for less than 15 days in a month, they shall receive 50% of the position allowance for that month.

2. The Military Command Board of central ministries and agencies shall be provided with one copy of the People's Army Newspaper daily; military and defense magazines according to their publication periods; the funds shall be guaranteed by the Ministry of National Defense.

Chapter VII
IMPLEMENTING PROVISIONS

Article 21. Effective Date

1. This Decree takes effect from February 14, 2019.

2. Decree No. 119/2004/NĐ-CP dated May 11, 2004 ceases to be effective from the date this Decree takes effect.

3. Abolish Article 10, Article 11, Article 13; Clause 7, Clause 8 of Article 16 regarding the management and command responsibility allowance for the People's Militia Self-Defense Unit Commander, Political Commissar, Deputy Commander, and Deputy Political Commissar of the Military Command Board of central ministries and agencies; Clause 2, Clause 3 of Article 24 regarding the newspaper and magazine system for the Military Command Board of central ministries and agencies as stipulated in Decree No. 03/2016/NĐ-CP dated January 5, 2016 of the Government detailing and providing implementation measures for certain provisions of the Law on People's Militia Self-Defense.

Article 22. Responsibility for enforcement

The Minister, Head of a ministerial-level agency, Head of an agency under the Government, relevant agencies and organizations, Chairman of the People's Committee of provinces and centrally governed cities are responsible for implementing this Decree./.