Decree No. 184/2004/ND-CP details the implementation of the Ordinance on Militia and Self-Defense Force, including the organization of traditional day commemorations, recruitment and management of militia and self-defense force members, uniforms and insignia, responsibilities of agencies and units in building and training militia and self-defense forces. The Decree takes effect from January 1, 2005.
适用范围
Higher military authorities, village defense teams, Military Command Boards of agencies, organizations, enterprises, relevant ministries and sectors, people's committees at all levels.
要点
- Village defense teams and Military Command Boards of agencies and organizations are responsible for organizing traditional day commemorations of the militia and self-defense force (Article 1).
- Enterprises must organize self-defense forces when requested or agreed upon by military authorities (Article 3).
- Insignia and uniforms of core militia and self-defense force members are specifically regulated (Article 4).
- The Ministry of National Defense is responsible for coordinating with relevant ministries and sectors to issue legal documents regarding the militia and self-defense force (Article 6).
- Village defense team officers are trained and have specific salary and allowances (Articles 17-20).
🌐 本文件的社会影响
- Enhance national defense awareness among the people through the organization of traditional day commemorations (Article 1).
- Improve the quality and quantity of the militia and self-defense force to ensure national security and defense (Articles 3-4).
- Provide uniforms and insignia for militia and self-defense force members to better perform their duties (Article 4).
❓ 常见问题
What is the traditional day of the militia and self-defense force?
The traditional day of the militia and self-defense force is March 28, 1935, when the First National Congress of the Vietnam Communist Party issued a Resolution on the Self-Defense Team (Article 1).
Which agency is responsible for organizing traditional day commemorations?
People's committees at all levels, ministries, sectors, and mass organizations are responsible for directing the organization of traditional day commemorations of the militia and self-defense force (Article 1).
Which enterprise must organize a self-defense force?
Enterprises with party organizations, enterprises without party organizations but requested or proposed by the Provincial Military Commander, and foreign-invested enterprises must organize self-defense forces (Article 3).
How are village defense team officers trained?
Village defense team officers are selected, trained, and employed after training according to standards set by the Ministry of Home Affairs in coordination with the Ministry of National Defense (Article 17). Training duration ranges from six months to fourteen months depending on geographic location. Upon completion of the course, they are awarded a basic military diploma or certificate (Articles 17-18).
What is the salary system for village defense team officers?
The salary system for village defense team officers is specifically defined, including quarterly allowances for unit management responsibility (Article 21) and salary regulations for village defense team political commissars (Article 22).
全文
DECREE OF THE GOVERNMENT
Regulations on the detailed implementation of the Militia and Self-Defense Force Ordinance
THE GOVERNMENT
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Ordinance on Militia and Self-Defense Forces dated April 29, 2004;
At the proposal of the Minister of National Defense,
DECREE:
PART I
GENERAL PROVISIONS
Article 1. Organizing commemorative events for the traditional day of the militia and self-defense force
1. On March 28, 1935, the First National Congress of the Vietnam Communist Party adopted a Resolution on the Self-Defense Team, which is the traditional day of the militia and self-defense force.
2. Annually, people's committees at all levels, ministries, sectors, and mass organizations have the responsibility to direct the organization of commemorative events for the traditional day of the militia and self-defense force.
3. The organization of commemorative events for the traditional day of the militia and self-defense force on the fifth and tenth anniversaries shall be carried out in accordance with the provisions of Government Decree No. 154/2004/NĐ-CP dated August 9, 2004, regarding ceremonial procedures for organizing national holidays and traditional days.
Article 2. Registration, management, and selection of militia and self-defense force members
1. Higher military authorities direct subordinate units to register and manage citizens meeting the criteria for militia and self-defense force members for selection and to be ready to expand the militia and self-defense force when necessary; simultaneously determining recruitment targets for militia and self-defense force members appropriate to demographic conditions, geographical areas, economic conditions, and defense-security requirements in each locality and grassroots level.
2. Village Militia Units, Ward Militia Units, Town Militia Units under districts (hereinafter referred to collectively as Village Militia Units), Military Command Boards of state agencies, public institutions, economic organizations, political organizations, and political-social organizations (hereinafter referred to collectively as Military Command Boards of agencies and organizations) assist village-level people's committees (hereinafter referred to collectively as village-level people's committees), heads of agencies and organizations in drafting plans and implementing registration and selection of citizens meeting the criteria for core militia and self-defense force members, organizing strict management of core militia and self-defense force members and broad militia and self-defense force members.
Article 3. Organization of self-defense forces in non-state-owned enterprises
1. Enterprises with party organizations must organize self-defense forces.
2. Enterprises without party organizations may organize self-defense forces upon request of the provincial or municipal military commander (hereinafter referred to collectively as provincial military commander) or upon proposal of the enterprise approved by competent military authorities; specifically, foreign-invested enterprises must organize self-defense forces under the direction of the provincial people's committee or upon proposal of the enterprise approved by competent military authorities.
3. For enterprises that have not organized self-defense forces, the head of the enterprise has the responsibility to create favorable conditions for citizens within the working age who work in the enterprise to participate in the militia in their place of residence.
Article 4. Insignia and uniforms of core militia and self-defense force members
1. The insignia of the militia and self-defense force is square-shaped, with a side length of 30 mm, red background, golden borders 1.5 mm wide on all four sides, featuring a five-pointed star in gold color, the length of two opposite wings being 10 mm, surrounded by two ears of rice extending radially around the golden star diagonally across the square, below the two ears of rice is half a gear in gold color, with the letters DQTV (militia and self-defense force). The insignia of the militia and self-defense force is attached to various types of helmets provided for militia and self-defense force members.
2. Uniforms of core militia and self-defense force members:
a) Militia and self-defense force officers:
- Hard hat, soft hat: three-ridge style, long brim, with air vents on both sides, adjustable buckle at the back;
- Male officer uniform: civil service style, button-down collar, three visible pockets, pocket flaps 30 mm wide, unbuttoned, dark brown large buttons; K82-style shirt pants; canvas or black lace-up low-top shoes, nylon blend socks.
- Female officer uniform: civil service style, button-down collar, two visible pockets under the lapels, pocket flaps 30 mm wide, unbuttoned, dark brown large buttons, side pleats; K82-style shirt pants; canvas or black lace-up low-top shoes, nylon blend socks.
b) Militia and self-defense force soldiers:
- Hard hat, soft hat: three-ridge style, long brim, with air vents on both sides, adjustable buckle at the back;
- Shirt-style uniform with cuffs, button-down collar, long sleeves, two chest pockets with winged flaps, belt with side slits and buttons; K82-style shirt pants;
- Canvas or black lace-up low-top shoes, nylon blend socks.
c) Uniform for permanent militia and self-defense force members in combat readiness: K82-style cotton jacket of the People's Army of Vietnam soldiers.
d) Soft hats, shirts, pants, and shoes for militia and self-defense force officers and soldiers are in slate gray; for self-defense force officers and soldiers, they are in worker blue.
3. Cases for wearing uniforms:
When attending meetings, political education sessions, military training, patrols, public mobilization work, competitions, exercises, drills, rallies, parades on holidays, core militia and self-defense force members must wear the militia and self-defense force insignia and wear standardized uniforms.
Uniforms for militia and self-defense force members used in parades on major holidays are regulated by the Ministry of Defense.
4. It is strictly prohibited for units and individuals to misuse the insignia and uniforms of the militia and self-defense force for actions contrary to the law.
Article 5. State management content regarding militia and self-defense force
1. Issuing, guiding, disseminating, and promoting legal documents on militia and self-defense force.
2. Drafting plans and directing the organization of construction, training, and activities of the militia and self-defense force.
3. Inspecting, auditing, rewarding, resolving complaints and accusations, and handling violations of the law concerning militia and self-defense force.
4. Specifying and guiding the implementation of systems and policies, drafting budget plans to ensure funding for the militia and self-defense force.
5. Organizing scientific research, summarizing experiences, and historical studies on the militia and self-defense force.
6. Summarizing and concluding militia and self-defense force work.
Article 6. Responsibilities of the Ministry of National Defense
1. Assist the Government in coordinating with relevant ministries and sectors to submit to the Government for issuance or issue according to its authority legal documents on militia and self-defense force.
2. Lead and coordinate with relevant agencies and organizations to unify the formulation of content, programs, textbooks, training materials, political education, and military training for the militia and self-defense force, continuously improving the overall quality of the militia and self-defense force to meet new requirements and tasks.
3. Cooperate with the Ministry of Planning and Investment to develop plans to ensure weapons and technical equipment for the civilian militia forces in various situations in accordance with Article 12 of this Decree, to be submitted to the Prime Minister for decision.
4. Take the lead and coordinate with relevant ministries and sectors to direct the improvement of military command boards of agencies and organizations; issue regulations on inspection, audit, briefing, interim review, final summary, notification, and reporting on the implementation of national defense and military work annually and during specific periods; promptly bring the work of the civilian militia and national defense and military affairs in agencies and organizations into a regular pattern.
Article 7. Responsibilities of Relevant Ministries
1. The Ministry of Planning and Investment shall take the lead and coordinate with the Ministry of Finance and the Ministry of National Defense to develop plans and guide ministries, sectors, and localities to balance annual budget plans at the local level to implement the Civilian Militia Ordinance.
2. The Ministry of Finance shall take the lead and coordinate with the Ministry of Planning and Investment and the Ministry of National Defense to build annual budget plans to ensure the implementation of the Civilian Militia Ordinance; it shall be responsible for guiding, monitoring, and inspecting localities, agencies, and organizations to ensure compliance with the budget under the Civilian Militia Ordinance.
3. The Ministry of Interior shall take the lead and coordinate with the Ministry of National Defense to guide localities, agencies, and organizations on improving the quality, planning, and training of cadres at the Village Defense Team and implementing policies and benefits for Village Defense Team cadres and military cadres of agencies and organizations.
4. The Ministry of Labor, Invalids, and Social Affairs shall coordinate with the Ministry of National Defense to guide localities, agencies, and organizations on social policies, benefits for invalids and martyrs for the civilian militia forces during training and operations.
5. Ministries, sectors, agencies, and organizations shall be responsible for developing plans regarding the organization, construction, training, and activities of the civilian militia forces under their jurisdiction and shall be responsible for directing and guiding all aspects related to the implementation of the Civilian Militia Ordinance and this Decree.
Article 8. Responsibilities of Localities
1. People's Committees at all levels shall be responsible for detailing the implementation of the Civilian Militia Ordinance and this Decree through legal documents.
2. Chairpersons of People's Committees at all levels shall directly direct, manage, and oversee the work of the civilian militia according to the Civilian Militia Ordinance and the Government's Decree detailing the implementation of the Civilian Militia Ordinance.
Chapter II
ORGANIZATION, STRENGTH, WEAPONS, EQUIPMENT, TRAINING, AND ACTIVITIES
OF THE CIVILIAN MILITIA FORCES
Section 1
ORGANIZATION, STRENGTH, WEAPONS, AND EQUIPMENT
Article 9. Key Defense-Security Communes
1. Key communes, wards, towns (hereinafter referred to collectively as communes) in terms of defense-security are those border communes; island communes; inland coastal communes with important political, economic, cultural-social, defense-security positions or places where political security situations often have complex developments.
2. The identification of key inland and coastal communes shall be proposed by the Chairman of the Provincial People's Committee, reported by the Commander of the Military Region to the Minister of National Defense for consideration and decision. Each year, localities and military regions shall review, adjust, and supplement key inland communes.
Article 10. Structure and Scale of Organization of the Civilian Militia Forces
1. Based on population, territory, and defense-security requirements of each locality, establish a reasonable number of civilian militia members, improve comprehensive quality, and streamline organizational structure.
2. The civilian militia forces shall be organized into mobile forces and local combat forces including infantry platoons, combat arms platoons, combat support arms platoons, and coastal civilian militia. In border communes, island communes, and some key inland and coastal communes, permanent civilian militia forces shall be organized.
For agencies and organizations, mainly organize local combat forces to protect their own agencies and units; for agencies and organizations with large personnel, in addition to organizing local combat forces, they may also organize mobile forces, combat arms, and combat support arms according to the directives of higher military authorities.
3. Scale of Organization:
a) Provinces and centrally-administered cities (hereinafter referred to collectively as provinces), based on the specific conditions of state-owned enterprises located within their territories, may organize infantry battalions and anti-aircraft artillery companies; major cities may organize larger anti-aircraft artillery civilian militia forces; other civilian militia forces may be organized at company level.
b) Districts, urban districts, county-level cities, and provincial cities (hereinafter referred to collectively as districts) shall organize mobile infantry forces from platoons to companies; anti-aircraft and other forces shall be organized at platoon level.
c) Communes in plains, urban areas, coastal areas, and midlands shall organize mobile forces, with a scale of one infantry platoon and several necessary combat arms squads; communes in mountainous, highland, remote, and island areas shall organize mobile forces from platoons to squads of necessary combat arms.
Border communes and island communes shall organize permanent civilian militia forces; some other key communes may organize permanent civilian militia forces, with a scale of squads, and if there are defense-security tasks and conditions permit, up to platoons of permanent civilian militia forces.
d) Villages, hamlets, villages, neighborhoods, groups, communities, streets (hereinafter referred to collectively as villages) in plains, urban areas, coastal areas, and midlands shall organize local combat squads, and if there are defense-security tasks and conditions permit, up to platoons; villages in mountainous, highland, remote, and island areas shall organize from groups to local combat squads.
e) Agencies and organizations shall organize self-defense forces based on work and production units, with a common scale of squads and platoons of local combat forces; in state-owned enterprises with large personnel, the scale may be organized up to companies and battalions of self-defense forces, including some combat arms platoons according to the directives of higher military authorities.
e) For maritime self-defense militia, the number of vessels operating at sea shall be used to organize and determine the scale of platoon, company, and naval squadron (equivalent to battalion) self-defense militia organizations; where conditions permit, naval regiments (equivalent to regiment level) may also be organized.
f) For non-state-owned enterprises, the organization scale shall range from platoon to company.
4. The specific organization and staffing of the self-defense militia at local levels and the expansion of the self-defense militia force in various situations shall be regulated by the Ministry of National Defense.
Article 11. Functions and Duties of Village Militia
1. Functions and Duties:
a) Assist the Party Committee and People's Council of the village in leading, directing, and managing the comprehensive implementation of national defense and military tasks at the grassroots level; serve as the core in organizing the implementation of tasks such as building combat villages and strong grassroots bases, performing management, recruitment, militia self-defense, reserve mobilization, national defense education, and coordinating with forces to maintain political stability in the locality.
b) Organize the development of plans for national defense and military affairs at the grassroots level; build, train, and conduct combat security, disaster prevention, epidemic control, and mass mobilization activities of the militia and reserve forces.
c) Take the lead and coordinate with departments, sectors, and mass organizations to implement national defense and military work according to the leadership and direction of the Party Committee and People's Council at their own level and directives, orders, plans, and guidance from higher-level military authorities.
d) Register and strictly manage the quantity and quality of citizens within the age range for militia self-defense, male citizens within the age range for immediate conscription, fulfillment of military service obligations, selection of conscripts, management of reserve mobilization forces and technical equipment to ensure readiness for wartime mobilization as prescribed by law; organize the construction and political education, military training of the militia force; plan the mobilization of the militia force to perform tasks within their authority.
đ) Coordinate and cooperate with the police and other forces to maintain political security, social order and safety, protect the Party, socialist regime, government, lives and property of the people, state assets, organizational assets at the grassroots level, lives and property of foreign individuals, national defense and security objectives and facilities in the area.
e) Coordinate with departments, sectors, and mass organizations to promote and educate the masses on national defense; organize the militia and reserve forces to participate in building strong grassroots bases comprehensively, and participate in rear services for the military.
f) Strictly register, manage, store, and use weapons and equipment of the militia self-defense force.
g) Develop financial, logistical, and technical support plans at the grassroots level to meet requirements and tasks in all situations.
h) Organize inspections, urging, summarizing, and concluding experiences regarding national defense and military work.
2. The Village Militia may use its own seal.
Article 12. Functions, Duties, and Relationships of Military Command Departments and Organizations
1. Functions and Duties:
a) Assist the Party Committee and heads of departments and organizations in leading and directing national defense and military work of their respective departments and organizations.
b) Closely integrate economic and social development with national defense and security consolidation; coordinate with military authorities at all levels to participate in reviewing plans, master plans, and projects related to national defense in relevant industries; develop plans for personnel, means, and material mobilization according to state targets; develop plans to participate in building a solid provincial and district defense zone, building strong grassroots bases comprehensively, and being ready to meet national defense and military requirements and tasks in the locality.
c) Advise the Party Committee and heads of departments and organizations to coordinate with localities in implementing the task of educating the entire people on national defense for cadres and workers in departments and organizations, and coordinate with units of the Ministry of National Defense to implement knowledge enhancement for cadres and civil servants as stipulated by law; effectively carry out rear services for the military.
d) Organize the construction of self-defense forces, reserve mobilization forces, implement recruitment according to plans, directly train self-defense forces, coordinate with forces to protect political security and social order and safety in departments and organizations, and participate in civil defense work according to guidelines from the Ministry of National Defense and local military authorities.
đ) Together with local military authorities, strictly register, manage, store, and use weapons and equipment of self-defense forces under their jurisdiction.
e) Direct subordinate units to develop plans for financial, logistical, and technical support at the grassroots level to meet requirements and tasks in all situations.
f) Organize inspections, urging, summarizing, and concluding experiences regarding national defense and military work.
2. Directive and Coordination Relationships:
a) Military Commands of Ministries, agencies equivalent to ministries, and State-owned corporations established by the Prime Minister's decision (hereinafter referred to as Ministries and Agencies) shall be subject to the directive of the Ministry of National Defense on national defense work according to the provisions of Decree No. 119/2004/NĐ-CP dated May 11, 2004 of the Government on national defense work in Ministries, agencies equivalent to ministries, State-owned corporations, and localities; Military Commands of Ministries and Agencies shall coordinate with local military authorities to direct, guide, urge, and inspect the implementation of national defense work generally and self-defense work specifically by subordinate Military Commands under their jurisdiction.
b) Military Commands of departments and organizations shall be subject to the directive of superior vertical Military Commands; at the same time, they shall be directly subject to the directive and command of local Military Commands regarding the construction of self-defense forces, reserve mobilization work, and recruitment, and activities in the combat security area of the locality.
Article 13. Responsibilities and Duties of Village Militia Teams, Hamlet Militia Teams, Ward Militia Teams, Village Militia Teams, Clan Militia Teams, Commune Militia Teams, Group Militia Teams, Cluster Militia Teams, Area Militia Teams (hereinafter collectively referred to as Village Militia Teams):
1. Assist the Village Head and Village Militia in implementing national defense and military work at the village level.
2. In accordance with the plan of the Village Militia, directly manage and command the core militia, broad militia, and manage the reserve mobilization force, male citizens of conscription age in the village.
3. Command the village militia forces to cooperate with the village police and other forces to maintain political security and social order in the village, protect the lives and property of the people, collective property, and state property within the area; participate in disaster prevention and mitigation, epidemic control; do well in propaganda and mobilization work among the people; participate in building a comprehensive strong grassroots base according to the guidance of the Village Militia.
Article 14. Authority to establish and dissolve Military Command Boards of agencies, organizations, Village Militias, and self-defense militia units
1. The authority to establish Military Command Boards of agencies, organizations, Village Militias, and self-defense militia units is defined as follows:
a) The Minister of National Defense decides to establish the Military Command Board of Ministries, agencies at ministerial level, government agencies, and State-owned corporations (established by the Prime Minister) upon the proposal of the Regional Military Commander after reaching consensus with the relevant agency or organization.
b) The Chief of General Staff decides to establish anti-aircraft artillery platoons, field artillery self-defense militia platoons upon the proposal of the Regional Military Commander.
c) The Regional Military Commander and the Navy Command decide to establish infantry self-defense militia battalions, anti-aircraft machine gun platoons, naval flotillas, naval squadrons, and other types of platoons upon the proposal of the Provincial Military Commander and the Deputy Chief of the Navy General Staff.
d) The Provincial Military Commander decides to establish Village Militias, Military Command Boards of agencies and organizations not mentioned in point a of Clause 1 of Article this, infantry self-defense militia platoons, anti-aircraft machine gun squads, field artillery squads, and other types of self-defense militia squads upon the proposal of the County Military Commander.
đ) The County Military Commander decides to establish Village Militia Teams, infantry self-defense militia squads, and necessary self-defense militia squads upon the proposal of the Village Militia, Military Command Boards of agencies and organizations.
2. The authority that decides to establish up to a certain level also has the authority to dissolve up to that level.
Article 15. Authority to appoint, relieve, and dismiss officers of Military Command Boards of agencies, organizations, Village Militias, and self-defense militia officers
1. The authority to appoint officers of Military Command Boards of agencies, organizations, Village Militias, and self-defense militia officers is defined as follows:
a) The Ministry of National Defense appoints officers of the Military Command Board of Ministries, agencies at ministerial level, government agencies, and State-owned corporations (established by the Prime Minister) upon the proposal of the Regional Military Commander.
b) The Regional Military Commander, Military Branches, and equivalent bodies decide to appoint battalion-level officers, naval squadron-level officers upon the proposal of the Provincial Military Commander and the Deputy Chief of the Military Branch.
c) The Provincial Military Commander decides to appoint officers of the Military Command Board of provincial-level agencies under the People's Committee, and officers at company level and equivalent.
d) The Chairman of the People's Committee at the district level decides to appoint Village Militia Chiefs, Political Commissars of Village Militias, Vice-Chief of Village Militias upon the proposal of the Chairman of the People's Committee at the commune level after reaching consensus with the County Military Commander. The County Military Commander decides to appoint Village Militia Team Chiefs, Squad Leaders, Platoon Leaders, and Section Leaders of self-defense militia upon the proposal of the Village Militia Chief and the Commanding Officer of the Military Command Board of agencies and organizations under the district People's Committee.
2. The appointment of officers of Military Command Boards of agencies, organizations, Village Militias, and self-defense militia officers shall be relieved from their positions in the following cases:
a) When organizational changes occur and there is no longer a position for the current role.
b) Officers no longer meet the standards and conditions for their current positions.
c) Officers have reached retirement age.
d) Officers have been transferred to other jobs.
3. Officers of Military Command Boards of agencies, organizations, Village Militias, and self-defense militia officers will be subject to disciplinary action leading to dismissal in the following cases:
a) Violation of laws.
b) Violation of moral and ethical standards expected of officers.
c) Weak management skills, resulting in serious consequences due to incidents in the unit, failure to complete tasks.
4. The authority that decides to appoint up to a certain level also has the authority to relieve and dismiss up to that level.
Article 16. Weapons and equipment of self-defense militia forces
1. Weapons and equipment of self-defense militia forces, regardless of source, must be registered, strictly managed, used for the intended purpose, and in accordance with the law. The Ministry of National Defense stipulates the categories of personnel eligible for equipment, types of weapons, registration, management, and usage regulations for self-defense militia forces' weapons and equipment.
2. The Ministry of National Defense and the Ministry of Planning and Investment stipulate and guide on equipping, producing weapons and means of self-defense militia forces in various situations.
Section 2
POLITICAL EDUCATION AND MILITARY TRAINING
Article 17. Training Village Militia Officers
1. The training standards for Village Militia Officers are defined as follows:
a) Individuals trained as military officers at the commune level must have firm political resolve, revolutionary moral character, educational qualifications, good health, and appropriate age according to specified standards; the Ministry of Home Affairs coordinates with the Ministry of National Defense to unify general standards, while provincial People's Committees specify detailed requirements.
b) Current commune-level military officers or other officers who are potential successors in the planning of commune-level military officers.
2. Local People's Committees at all levels are responsible for selecting candidates and planning training and post-training utilization.
3. The Ministry of National Defense reviews and decides on the conferment of reserve officer ranks according to legal provisions.
4. The training period for Village Militia Officers is defined as follows:
a) Fourteen months for plains, urban areas, and midland regions.
b) Nine months for mountainous regions.
c) Six months for highland, remote, ethnic minority, and coastal island regions.
5. The curriculum, content, and training regulations for commune-level military officers are stipulated by the Ministry of National Defense.
6. Village Militia Officers are trained at provincial military schools, and upon completion of the course, they are awarded a junior college or basic military education certificate.
Article 18. Time for supplementary training, instruction, political education, and military training when necessary or during war; list of training materials
1. The time for training, instruction, political education, and military training for civilian militia personnel shall be carried out according to Clause 1 of Article 18 of the Civilian Militia Ordinance; when necessary or during wartime, it may last from two to six consecutive months according to the program, content, training manuals, and materials prescribed by the Ministry of National Defense.
2. The list of equipment for peacetime training and wartime training shall be prescribed by the Ministry of National Defense.
Section 3
||| ACTIVITIES OF THE CIVILIAN MILITIA FORCES
Article 19. Authority to mobilize civilian militia forces when performing tasks
1. The Minister of National Defense has the authority to mobilize civilian militia forces from one military region to another for tasks.
2. The Commander of a Military Region has the authority to mobilize civilian militia forces within his region for tasks, after reaching agreement with the Chairman of the People's Committee at the provincial level.
3. The Commander of the Navy has the authority to mobilize naval units under his management, after reaching agreement with the Head of the relevant ministry or sector.
4. The Provincial Militia Commander has the authority to mobilize civilian militia forces within his province for tasks after obtaining the consent of the Chairman of the People's Committee at the provincial level and the Commander of the Military Region.
5. The County Militia Commander has the authority to mobilize civilian militia forces within his county for tasks after obtaining the consent of the Chairman of the People's Committee at the county level and the Provincial Militia Commander.
6. The Village Militia Commander has the authority to mobilize civilian militia forces within his village for tasks after obtaining the consent of the Chairman of the People's Committee at the village level.
Article 20. Responsibilities of the armed forces regarding the organization, training, and activities of the civilian militia forces
1. Main force units, border defense units, local forces, and public security units must cooperate with the local military authorities where they are stationed to participate in building, training, and coordinating with the civilian militia forces in combat operations, maintaining social order, flood prevention, rescue, and construction of strong comprehensive bases.
2. The operational regulations of the civilian militia forces shall be prescribed by the Ministry of National Defense.
Chapter III
POLICY AND SUPPORT REGIME FOR THE CIVILIAN MILITIA FORCES
Article 21. The quarterly allowance for unit management responsibility of civilian militia command officers is based on a coefficient compared to the minimum wage
|
1. Platoon Leader and equivalent: |
0,25 |
|
2. Company Leader, Village Militia Leader, and equivalent: |
0,30 |
|
3. Mobile Militia Company Leader: |
0,45 |
|
4. Deputy Battalion Leader and equivalent: |
0,35 |
|
5. Battalion Leader and equivalent: |
0,40 |
|
6. Deputy Regiment Leader and equivalent: |
0,45 |
|
7. Regiment Leader and equivalent: |
0,50 |
|
8. Deputy Village Militia Leader and Deputy Chief of the Military District Command Office, Organization: |
0,55 |
|
9. Village Militia Leader, Village Militia Political Instructor, Chief, Political Instructor of the Military District Command Office, Organization: member of the Military Command Board of the agency, organization: |
0,60 |
Article 22. Wage regime for Village Militia Officers
1. The Village Militia Political Instructor, who is concurrently serving as a Village Militia Officer, shall receive wages according to point a, Clause 1 of Article 4 of Decree No. 121/2003/NĐ-CP dated October 21, 2003 of the Government on policies for village, ward, town cadre and civil servants (hereinafter referred to as Decree No. 121/2003/NĐ-CP).
2. If the Village Militia Leader is a member of the People's Committee at the village level, he shall receive the salary of a People's Committee member; if this salary is lower than the civil servant salary, he shall receive the People's Committee member salary and retain the difference between the civil servant salary and the People's Committee member salary. If the Village Militia Leader is not a member of the People's Committee at the village level, he shall receive the salary according to the civil servant grade specified in point a, Clause 2 of Article 4 of Decree No. 121/2003/NĐ-CP.
3. The Village Militia Deputy Leader, who is a full-time village-level officer, shall receive a civil servant salary equal to 1.46 times the minimum wage and contribute to social insurance; if he has been professionally trained at a provincial military school, his salary will be adjusted according to the civil servant grade (code 01.004), and upon retirement, he will enjoy the benefits of a village-level civil servant.
Article 23. Uniform standards
1. Village Militia Officers, Military District Command Office, Organization, and mobile civilian militia forces shall be provided with two sets of uniforms for use over five years.
2. Other core civilian militia forces shall be provided with at least one set of uniform for use over five years.
3. Regularly ready-to-fight civilian militia forces shall be provided with two sets of uniforms for use over one year, in addition to common military attire.
Article 24. Policy and support for civilian militia forces when performing tasks
1. Core civilian militia officers and soldiers performing tasks in dangerous or toxic environments shall receive material allowances as stipulated in the Labor Law for workers in such conditions. The entity that mobilizes them shall ensure these benefits.
2. Civilian militia officers and soldiers performing tasks as prescribed in Clauses 1, 2, and 3 of Article 7 of the Civilian Militia Ordinance shall receive their regular salaries and travel allowances from the entity where they work, according to current regulations.
The costs mentioned above shall be included in the management expenses of the entity.
3. The temporary suspension of labor contracts for civilian militia officers and soldiers working under labor contracts during concentrated political education and military training shall be implemented according to Clause 1 of Article 10 of Decree No. 44/2003/NĐ-CP dated May 9, 2003 of the Government detailing certain provisions of the Labor Code on labor contracts.
4. During the period of temporarily suspending labor contracts to fulfill civilian militia duties, employees do not have to pay social insurance contributions.
Article 25. Support for civilian militia officers and soldiers injured
1. Civilian militia officers and soldiers who suffer accidents in the following circumstances shall be entitled to work injury benefits:
a) Suffering an accident while training or performing tasks as ordered by competent authorities;
b) Suffering an accident on the route from their residence to the training location or task location.
2. When a work-related accident occurs, the local Military District Command responsible for organizing training or issuing orders to perform tasks shall be responsible for:
a) Providing immediate first aid and emergency care to the injured person at the scene, then promptly transferring them to the nearest medical facility;
b) Must prepare a record, fully documenting the course of events of the accident, the extent of injuries to victims, the level of damage, the cause of the accident, with signatures from representatives of the Military Command Board and representatives of the collective of officers and soldiers participating in training or performing tasks. In cases where accidents occur on the way to and from the training location, the record must bear the seal and signature of the representative of the local authority where the accident occurred.
3. Officers and soldiers of the People's Self-Defense Militia who suffer work-related accidents shall enjoy the following benefits:
a) Reimbursement for medical expenses during initial treatment, emergency care until stable treatment of injuries, and discharge from hospital.
b) After treatment, they shall be referred by the Local Military Command Board to undergo a labor capacity assessment at the Medical Assessment Council in accordance with the provisions of the law.
In cases where individuals who have not participated in social insurance suffer a reduction in their ability to work of 5% or more, they shall receive a one-time allowance, the amount of which shall be specified by the Ministry of National Defense and the Ministry of Labor, Invalids, and Social Affairs.
In cases where individuals have participated in social insurance, they shall receive a one-time or monthly allowance according to the regulations stipulated in the Social Insurance Regulations issued together with Decree No. 12/CP dated January 26, 1995 of the Government.
c) Individuals who suffer work-related accidents resulting in the loss of one or more body parts or functions, manifesting in various forms of disability, reducing their ability to function, making labor, daily life, and study difficult shall enjoy preferential benefits in accordance with the provisions of the law regarding disabled persons.
d) In cases of death, including death during the initial period of treatment, if the deceased had not participated in social insurance, then the person directly responsible for burial shall receive funeral money equivalent to eight (8) months of the minimum wage, and the family of the deceased shall receive a one-time allowance equivalent to five (5) months of the minimum wage. If the deceased had participated in social insurance, then the provisions of the law on social insurance shall apply.
4. The funds for payment of benefits when accidents occur shall be covered by the local budget. For those who have participated in social insurance, the pension and one-time or monthly allowances shall be paid from the social insurance fund.
Article 26. Officers and soldiers injured or killed
Officers and soldiers of the People's Self-Defense Militia performing duties as prescribed in Clauses 1, 2, and 3 of Article 7 of the Ordinance, if they are injured or killed, shall be considered for preferential benefits in accordance with the provisions of the law on preferential treatment for those who have contributed to the revolutionary cause.
Article 27. Revenue sources other than the central government budget and local budget
1. Public institutions, economic organizations, and organizations must allocate a suitable portion of their non-primary revenue sources to ensure funding for the training and activities of self-defense forces.
2. The defense and security fund is revenue collected from the people, agencies, and organizations. This revenue must be managed and utilized in accordance with the State Budget Law. The Chairman of the Provincial People's Committee shall establish strict management regulations to ensure proper use for the intended purpose, reaching practical effectiveness.
Article 28. Tasks of the Ministry of National Defense
1. Ensuring allowances for days worked, food money (or salary), and organizational and operational costs of the People's Self-Defense Militia mobilized to perform tasks within the authority of the Minister of National Defense and the Commander of Military Regions, and the Commander of the Navy Military Region.
2. Supporting the construction of initial shelters for People's Self-Defense Militia units stationed in key border and island areas for combat readiness, as decided by the Ministry of National Defense.
3. Ensuring annual training and readiness inspection in accordance with the plan of the Ministry of National Defense and the General Staff.
4. Producing, purchasing equipment, weapons, support tools, and military means, providing fuse, charge, explosives, and fire tools for the production of homemade mines and grenades for the People's Self-Defense Militia.
5. Producing model teaching aids, training materials, militia insignia, commemorative medals, printing memorial plaques, maps, diagrams, documents, registers, certificates, uniform samples, specialized classrooms for local military training at provincial military schools.
6. Constructing new and repairing special military works, combat works in the defense area assigned to the People's Self-Defense Militia for management and use.
7. Compiling programs, textbooks, training materials, scientific research on the People's Self-Defense Militia; specialized information on national defense and local military affairs; supporting the training of village team cadres at provincial military schools.
8. Building model districts and Ministry of National Defense models comprising three aspects of the People's Self-Defense Militia work, building combat villages, strong bases in national defense and military affairs, and district-level exercises.
9. Ensuring material resources for tasks such as knowledge enhancement in national defense, training, education, competitions, traditional day activities of the People's Self-Defense Militia as directed by the Ministry of National Defense.
10. Summarizing and rewarding agencies, units, and individuals with outstanding achievements in building the People's Self-Defense Militia force.
11. Other expenditures for the People's Self-Defense Militia as provided by law under the responsibility of the Ministry of National Defense.
Article 29. Local expenditure tasks
1. Ensuring registration, management, organization of construction, training, and activities of People's Self-Defense Militia units; promoting laws on the People's Self-Defense Militia.
2. Ensuring responsibility allowances for subordinate People's Self-Defense Militia commanders.
3. Organizing meetings, training, and professional knowledge enhancement in national defense and military affairs.
4. Ensuring funding for the training of village team cadres.
5. Ensuring allowances for days worked, food money (or salary) for People's Self-Defense Militia mobilized to perform tasks within the authority of the provincial commander, county commander, and village commander.
6. Ensuring allowances for days worked, food, uniforms, living supplies, spiritual life, and activity costs for People's Self-Defense Militia units engaged in permanent combat readiness.
7. Ensuring the purchase of uniforms for core officers and soldiers of the People's Self-Defense Militia annually.
8. Ensuring sickness, accident, injury, or death benefits for People's Self-Defense Militia members performing tasks in accordance with the law.
9. Ensure preferential policies for civilian militia and self-defense forces when performing duties in particularly difficult regions.
10. Ensure material resources for tasks such as national defense education, training sessions, drills, competitions, exercises, and traditional day activities of the local civilian militia and self-defense forces.
11. Ensure transportation, repair, storage of weapons equipment, procurement of support tools, investment in weapon production, and essential means to equip the civilian militia and self-defense forces.
12. Construct new, repair warehouses, combat facilities; repair barracks of the standing civilian militia ready for combat according to the decision of the Ministry of National Defense.
13. Develop plans for the civilian militia and self-defense forces to participate in regional defense activities at the district and provincial levels.
14. Conduct inspections, reviews, summaries, and commendations for agencies, units, and individuals with achievements in building the civilian militia and self-defense forces.
15. Other expenditures for the civilian militia and self-defense forces as stipulated by law within the budgetary responsibilities of the locality.
Article 30. Budgetary responsibilities of agencies and organizations
1. Ensure registration, management, organization of construction, training, and activities of self-defense units; promote laws on civilian militia and self-defense forces.
2. Organize conferences, provide training, and conduct business training for civilian militia and self-defense forces.
3. Ensure compensation for workdays, food expenses (or salary) for self-defense personnel mobilized for duty according to the authority of the head of the agency or organization.
4. Ensure procurement of uniforms for self-defense officers and soldiers.
5. Ensure material resources for tasks such as national defense education, training sessions, drills, competitions, exercises, and traditional day activities of the civilian militia and self-defense forces.
6. Procure, repair, and store support tools for the self-defense forces.
7. Develop plans for the self-defense forces to participate in regional defense.
8. Conduct inspections, reviews, summaries, and commendations for agencies, units, and individuals with achievements in building the self-defense forces.
9. Other expenditures for the self-defense forces within the budgetary responsibilities of agencies and organizations as stipulated by law.
10. For Ministries, agencies equivalent to Ministries, government agencies, and State-owned corporations (established by the Prime Minister's Decision), ensure responsibility allowances for military and self-defense personnel under their jurisdiction.
Article 31. Requirements for budget preparation, implementation, and settlement
Annually, the Ministry of National Defense, Military Region Command, local military agencies at all levels, Military Command of agencies, organizations, and self-defense commanders of foreign-invested enterprises have the responsibility to prepare budgets, implement, and settle accounts to ensure national defense and military tasks and organize the construction, training, and activities of the civilian militia and self-defense forces under their jurisdiction according to Decree No. 60/2003/NĐ-CP dated June 6, 2003 of the Government detailing and guiding the implementation of the Law on State Budget; Decree No. 10/2004/NĐ-CP dated January 7, 2004 of the Government on managing and using state budget and assets for certain activities in the field of national defense - security, and current guiding documents.
Chapter IV
IMPLEMENTING PROVISIONS
Article 32. Effectiveness
1. This Decree takes effect from January 1, 2005.
2. This Decree replaces Decree No. 35/CP dated June 14, 1996 of the Government detailing the implementation of the Ordinance on Civilian Militia and Self-Defense Forces and Decree No. 46/2000/NĐ-CP dated September 12, 2000 of the Government amending and supplementing some articles of Decree No. 35/CP dated June 14, 1996 of the Government detailing the implementation of the Ordinance on Civilian Militia and Self-Defense Forces.
Article 33. Implementation organization
The Ministry of National Defense shall coordinate with the Ministries of Planning and Investment, Finance, Home Affairs, Labor, War Invalids and Social Affairs to issue Circulars guiding the system of regulations and policies for civilian militia and self-defense force officers and soldiers according to the Civilian Militia and Self-Defense Force Ordinance and the provisions of this Decree.
Ministers, Heads of agencies equivalent to Ministries, Heads of government agencies, and Chairmen of provincial People's Committees directly under the Central Government are responsible for implementing this Decree./.
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