Ordinance No. 19/2004/PL-UBTVQH11 on Militia and Self-Defense Force

ORDINANCE

Self-defence militia

__________

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992, amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the National Assembly, tenth session;

Pursuant to Resolution No. 12/2002/QH11 dated December 16, 2002 of the 11th National Assembly, second session on the legislative program for the 11th tenure (2002-2007) and the year 2003;

This Ordinance stipulates the self-defence militia.

Chapter I

GENERAL PROVISIONS

Article 1

1. The self-defence militia is a mass armed force not detached from production or work, constituting a part of the people's armed forces of the Socialist Republic of Vietnam, under the leadership of the Communist Party of Vietnam, management and direction of the Government and People's Committees at all levels, unified command of the Minister of Defense, and direct command of local military authorities.

This force is organized in communes, wards, towns called the militia; and in state agencies, public institutions, economic organizations, political organizations, socio-political organizations (hereinafter referred to collectively as agencies and organizations) called self-defence units.

2. The self-defence militia consists of core self-defence militia and broad self-defence militia.

3. March 28 each year is the traditional day of the self-defence militia.

Article 2

1. Vietnamese citizens regardless of ethnicity, religion, social strata, educational level, profession, males aged from 18 to 45 years old, females aged from 18 to 40 years old, have the duty to participate in the self-defence militia, except in cases provided for in Clause 2 of this Article.

2. The age limit for militia leaders in remote, mountainous, border, and island communes may be extended but shall not exceed 50 years old for males and 45 years old for females.

Article 3

1. Each April, citizens reaching 18 years old must register their militia duty with the People's Committee of the commune, ward, town (hereinafter referred to as the People's Committee of the commune) where they reside or the agency or organization where they work.

2. Individuals meeting the following criteria may be selected into the core self-defence militia:

a) Having a clear record;

b) Possessing good political qualities and morality;

c) Being physically fit to serve in the self-defence militia.

3. Management and selection of the core self-defence militia shall be regulated by the Government.

Article 4

1. The term of service for the core militia is five years; for the core militia in remote, mountainous, border, and island communes, this term may be extended but shall not exceed three years.

2. The term of service for the core self-defence unit is five years; based on actual conditions and requirements of the agency or organization, this term may be extended up to the age limit specified in Clause 1 of Article 2 of this Ordinance.

3. Citizens who have completed their term of service in the core self-defence militia as prescribed in Clauses 1 and 2 of this Article shall be issued a certificate of completion of militia duty; if they are still within the age limit specified in Clause 1 of Article 2 of this Ordinance, they will be considered for registration in the reserve mobilization force according to the law or transferred to the broad self-defence militia.

Article 5

1. The Government uniformly manages the state administration over the self-defence militia throughout the country.

2. The Ministry of Defense assists the Government in managing the state administration over the organization, construction, and operation of the self-defence militia; directs, guides, supervises, and inspects the implementation by ministries, ministerial-level agencies, government agencies, People's Committees at all levels, and agencies and organizations in organizing, constructing, and operating the self-defence militia.

The Military Region Commander assists the Ministry of Defense in directly directing, guiding, and inspecting the implementation of self-defence militia work in provinces and centrally-administered cities within the Military Region.

3. Ministries, ministerial-level agencies, and government agencies within their respective duties and powers are responsible for coordinating with the Ministry of Defense in managing the state administration over the self-defence militia; monitoring and urging grassroots units to build self-defence units according to the plan of the local military authority; resolving issues related to the organization, construction, and operation of the self-defence militia.

4. People's Committees at all levels within their respective duties and powers implement state management over the organization, construction, and operation of the self-defence militia; direct relevant departments and local military authorities to perform tasks related to the organization, construction, and operation of the self-defence militia according to orders from higher military authorities; implement policies and benefits for the self-defence militia.

5. Local military authorities coordinate with relevant agencies to assist the People's Committee at the same level in managing the state administration over the self-defence militia.

The head of the provincial, municipal, county, district, town, city-level military authority, and the head of agencies and organizations are responsible to higher military authorities and the People's Committee at the same level for commanding the self-defence militia in organization, construction, and operation.

Article 6

1. The People's Committee of the commune and agencies and organizations must organize the self-defence militia.

2. The organization of self-defence units in non-state-owned enterprises shall be regulated by the Government.

, Clause 1, Clause 2 Article 7a of this Regulation.

The self-defence militia has the following tasks:

1. To be ready to fight, engage in combat, support combat, and serve as the backbone alongside the entire people in defending the locality and base;

2. To cooperate with the army, police, and other forces in protecting independence, sovereignty, unity, territorial integrity, political security, social order and safety, the Party, socialist regime, state power, lives and property of the people, state assets, organizational assets at the base, lives and property of foreign individuals, defense and security objectives and facilities in the area;

3. To take the lead in protecting production, preventing and mitigating the consequences of natural disasters, epidemics, and other serious incidents;

4. To mobilize the people to implement the Party's guidelines and policies, actively implement economic and social development programs in the locality, contributing to building a comprehensive strong base;

5. Performing other tasks as prescribed by law.

Article 8

1. Cadres and soldiers of the self-defence militia must strictly comply with legal regulations on the self-defence militia.

2. Cadres and soldiers of the core self-defence militia are entitled to wear insignia and uniforms prescribed by the Government.

Article 9

The Vietnam Fatherland Front and its member organizations, agencies, mass organizations, people's armed forces, and all citizens have the responsibility to build the People's Militia Self-Defense Force.

Article 10

1. Strictly prohibit organizing and using the People's Militia Self-Defense Force contrary to the provisions of this Ordinance.

2. A person who evades, obstructs, or opposes the organization, construction, and operation of the People's Militia Self-Defense Force shall be subject to administrative sanctions or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the law.

Chapter II

ORGANIZATION, STRENGTH, WEAPONS, EQUIPMENT, TRAINING, AND OPERATIONS OF THE PEOPLE'S MILITIA SELF-DEFENSE FORCE

Section 1

ORGANIZATION, STRENGTH, WEAPONS, AND EQUIPMENT

Article 11

The organization, strength, weapons, and equipment of the People's Militia Self-Defense Force must be appropriate to the nature, requirements, and tasks of national defense and security during peacetime and wartime, as well as the political, economic, cultural, and social characteristics and specific conditions of each locality and base.

Article 12

1. The People's Militia Self-Defense Force shall be organized as follows:

a) The core People's Militia Self-Defense Force includes infantry militia self-defense, militia self-defense of various branches, and militia self-defense of the sea, organized into mobile and stationary forces; for communes located in key areas with high combat readiness requirements, consideration may be given to organizing a permanent militia force.

b) The broad-based People's Militia Self-Defense Force consists of militia self-defense core members who have completed their militia service obligations and citizens within the age range specified in Clause 1 of Article 2 of this Ordinance.

2. The scale and organizational structure of the People's Militia Self-Defense Force shall be prescribed by the Government.

Article 13

Military reservists already assigned to mobilization reserve units shall not be included in the People's Militia Self-Defense Force.

Article 14

1. The command system of the People's Militia Self-Defense Force includes:

a) Platoon commander and equivalent positions;

b) Company commander and equivalent positions;

c) Battalion command board and equivalent positions;

d) Regiment command board and equivalent positions;

đ) Village team and equivalent positions;

e) Commune team and the command board of military affairs of agencies and organizations.

2. Basic command positions of the People's Militia Self-Defense Force include:

a) Platoon leader and equivalent positions;

b) Company leader and equivalent positions;

c) Battalion leader and equivalent positions;

d) Regiment leader and equivalent positions;

đ) Village team leader and equivalent positions;

e) Commune team leader, Political Instructor of the commune team, and Commanding Officer of the command board of military affairs of agencies and organizations.

Article 15

1. The commune team and the command board of military affairs of agencies and organizations are responsible for advising the People's Committee at the commune level and the heads of agencies and organizations on organizing and directing national defense and military work; directly commanding and leading the People's Militia Self-Defense Force in construction and operations.

2. The commune team consists of the Commune Team Leader, who is a member of the commune People's Committee, the Political Instructor, who is a concurrently appointed cadre, and the Deputy Commune Team Leader, who is a specialist cadre. The Commune Team Leader must undergo training according to programs, contents, and durations prescribed by the Government.

The commune team has a workplace and necessary equipment suitable for its tasks in accordance with the specific conditions of each locality.

3. The command board of military affairs of agencies and organizations consists of the Commanding Officer, who is the head of the agency or organization or a deputy of the head, or someone designated by the head of the agency or organization, the Political Instructor, who is a concurrently appointed cadre, and the Deputy Commanding Officer, who is a full-time or concurrently appointed cadre.

4. The appointment, dismissal, and removal from office of command cadres of the People's Militia Self-Defense Force and cadres working in national defense and military affairs at communes, wards, towns, and agencies and organizations shall be prescribed by the Government.

Article 16

Weapons and equipment of the People's Militia Self-Defense Force from any source must be registered and strictly managed, used for the intended purpose, and in accordance with the law.

Section 2

POLITICAL EDUCATION AND MILITARY TRAINING

Article 17

Each year, core cadres and soldiers of the People's Militia Self-Defense Force receive political education and military training according to the content and program prescribed by the Ministry of Defense.

Article 18

1. The time allocated for political education and military training for cadres and soldiers of the People's Militia Self-Defense Force each year is as follows:

a) Ten days for the Commune Team Leader, Political Instructor of the commune team, Deputy Commune Team Leader, and full-time cadres working in national defense and military affairs at agencies and organizations; seven days for cadres of the command board of military affairs and concurrently appointed cadres working in national defense and military affairs at agencies and organizations and command cadres of the People's Militia Self-Defense Force from platoon to regiment levels;

b) Ten days for first-year militiamen and infantry militiamen belonging to the mobile force, branch militiamen, and sea militiamen from the second year onwards; seven days for infantry militiamen belonging to the stationary force from the second year onwards; sixty days for permanent militiamen;

c) The time allocated for political education and military training for the broad-based People's Militia Self-Defense Force shall not exceed five days and can only be conducted upon orders from higher military authorities.

2. In case of necessity or during war, the duration of political education and military training for the subjects mentioned in Clauses 1 and 2 of this Article may be extended according to the Government's regulations.

Section 3

||| ACTIVITIES OF THE CIVILIAN MILITIA FORCES

Article 19

The activities of the People's Militia Self-Defense Force in combat readiness, combat, support for combat, and protection of political security and social order and safety are under the leadership of the Party's Central Committee and the management of the Chairman of the People's Committees at all levels, direct guidance and command by the Commune Team, the command board of military affairs of agencies and organizations, and higher military authorities.

Article 20

The commune team and the command board of military affairs of agencies and organizations must have combat and public security plans that are directly approved by the military authority of the district, city district, town, or provincial city.

The establishment and approval of combat and public security plans for self-defense forces in non-state-owned enterprises shall be regulated by the Ministry of Defense.

Article 21

The Chairman of the People's Committee at the commune level and the heads of agencies and organizations must implement the political education plan, military training plan, and combat and public security plan of the People's Militia Self-Defense Force to meet the requirements of tasks in all situations.

Article 22

When there is an order from a competent military commander to mobilize the People's Militia Self-Defense Force for combat duties, combat support, and protection of political security and social order and safety outside the province, centrally-administered city, district, city district, town, or provincial city, the Chairman of the People's Committee and the heads of agencies and organizations must strictly comply.

Chapter III

POLICY AND SUPPORT REGIME FOR THE CIVILIAN MILITIA FORCES

Article 23

The regime of management responsibility allowances for units of cadres and commanders of self-defense militia shall be prescribed by the Government.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country."

1. Cadres and core militiamen during the time performing tasks pursuant to orders of competent authorities shall enjoy the following regimes:

a) They shall be granted labor day subsidies at a rate not lower than 0.04 times the minimum wage as prescribed by the People's Committee of the province/city directly under the central government (hereinafter referred to as the provincial People's Committee); if they perform their duties from 10 PM to 6 AM, the rate shall be doubled; if they perform their duties in dangerous or toxic environments, they shall be entitled to benefits as stipulated in Article 104 of the Labor Code;

b) When on standby duty at key locations as prescribed in point a, Clause 1, Article 12 of this Ordinance, they shall be granted daily allowances at a rate of 0.06 times the minimum wage, provided with accommodation, and shall not be entitled to the benefits prescribed in point a, Clause 1 of this Article;

c) When performing duties far from their place of residence without conditions to return home every day, they shall be issued a mobilization decision by the military authority to arrange accommodation, provide transportation means and travel expenses, or reimburse train fare once for going and returning; they shall be supported with food expenses at a rate prescribed by the provincial People's Committee.

2. Cadres and self-defense soldiers during the time performing tasks pursuant to orders of competent authorities shall be paid full salary and welfare benefits, travel allowances, and train fares according to current regulations by the organization where they work.

Article 25

1. Core cadres and militiamen of self-defense militia shall be exempted from annual public service obligations.

2. Widespread self-defense militia members who are mobilized to perform national defense, military tasks, and participate in rescue operations and disaster relief shall have their working time counted towards their annual public service obligation time; if the time exceeds the annual public service obligation time, the excess time shall be counted towards labor day subsidies according to the regulations of the provincial People's Committee.

3. Women of conscription age participating in self-defense militia who are pregnant or nursing children under 36 months old shall be exempted from self-defense militia duties.

4. Militia cadres and soldiers working under labor contracts at organizations during concentrated political education and military training periods shall be temporarily suspended from fulfilling their labor contracts according to the Government's regulations.

Article 26

1. Militia cadres and soldiers suffering illness during training or while on duty, if not enrolled in health insurance, shall have their medical examination and treatment costs reimbursed; in case of injury resulting in reduced work capacity, they shall be considered for compensation based on the degree of reduced work capacity; if they die, they shall be entitled to death benefits and funeral expenses as per the standards for those contributing to social insurance.

2. Militia cadres and soldiers performing duties as prescribed in Clauses 1, 2, and 3 of Article 7 of this Ordinance, if injured resulting in reduced work capacity of 21% or more, shall be eligible for policies similar to those for war invalids; if they sacrifice their lives, they shall be recognized as martyrs.

The funds for militia cadres and soldiers as prescribed in this Article shall be prescribed by the Government.

Article 27

Annual funds for building, training, and activities of self-defense militia include:

1. State budget (central budget and local budget);

2. Revenue from public institutions, economic organizations, and other revenue-generating entities;

3. National defense and security fund;

4. Other sources as prescribed by law.

Article 28

1. Annual funds for building, training, and activities of self-defense militia at communes, wards, towns, and organizations shall be regulated as follows:

a) Funding for militia shall be guaranteed by the local budget annually;

b) Funding for self-defense shall be guaranteed by the annual budget of the organization; for economic organizations, the funding for self-defense shall be included in production and business management costs as prescribed by law;

c) Funding for self-defense militia units mobilized for urgent tasks shall be guaranteed by the competent authority issuing the mobilization order;

d) Allowances for cadre commanders of self-defense militia as prescribed in Article 23 of this Ordinance shall be guaranteed by the local budget annually.

2. Funds for building, training, and activities of the regular self-defense militia force as prescribed in point a, Clause 1, Article 12 of this Ordinance shall be guaranteed by the local budget.

3. Funds for scientific research, program and textbook compilation, material preparation, and model construction for militia training shall be prescribed by the Government.

Article 29

Based on the resolution of the People's Council, the People's Committee shall coordinate with the Fatherland Front at the same level to mobilize mass organizations, economic organizations, social organizations, and the people to contribute according to their capacity and appropriate forms to establish a local national defense and security fund; organizations shall mobilize their employees to build and contribute to the national defense and security fund.

The Chairperson of the People's Committees at all levels shall be responsible for promulgating strict management regulations for the use of this fund.

Chapter IV

IMPLEMENTING PROVISIONS

Article 30.

This Ordinance takes effect from January 1, 2005.

This Ordinance replaces the Ordinance on Self-Defense Militia dated January 9, 1996.

Article 31

The Government shall provide detailed regulations and guidance for the implementation of this Ordinance.