Law on National Defense No. 22/2018/QH14

LAW
NATIONAL DEFENSE

On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly enacts the Defense Law.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates the principles, policies, and basic activities regarding national defense; the state of war, the state of defense emergency, martial law, curfew; the people's armed forces; national defense assurance; the tasks and authorities of agencies and organizations; citizens' rights and obligations regarding national defense.

Article 2. Interpretation of Terms

In this Law, the following terms shall be understood as follows:

1. National defense is the effort to protect the country through the combined strength of the entire nation, in which military strength is distinctive, and the people's armed forces serve as the core.

2. National defense potential is the capacity for human resources, material resources, financial resources, and morale within and outside the country that can be mobilized to fulfill national defense tasks.

3. Military affairs are special activities of society concerning the construction of the armed forces and armed struggle, with the People's Army serving as the core.

4. People's war is a total war of the entire nation and all sectors, centered on the people's armed forces, aimed at protecting the independence, sovereignty, unity, territorial integrity of the country, and safeguarding the people, the Party, the State, and the socialist regime.

5. The people's defense posture is the organization, deployment, and arrangement of national defense forces and potential throughout the entire territory according to a unified plan, consistent with the strategy for defending the country, to prevent and successfully counter any hostile plots and activities, and to be ready to transform the country from peacetime to wartime.

6. National defense is the overall set of organizational, preparatory, and practical activities in politics, spirit, economy, culture, society, science, technology, military, security, and foreign relations to protect the country.

7. Aggression is an act against the independence, sovereignty, unity, and territorial integrity of the country using armed forces or other methods contrary to Vietnamese law and international law.

8. Information warfare is a type of warfare involving activities and measures to neutralize the information system of the adversary and protect Vietnam's information system.

9. The state of war is a special social condition of the country declared from when the country is invaded until the actual cessation of the act of aggression.

10. The state of defense emergency is a social condition of the country when there is a direct threat of invasion or an act of aggression or armed rebellion but not yet at the level of declaring a state of war.

11. General mobilization is a measure to mobilize all resources of the country to resist an aggressive war.

12. Local mobilization is a measure to mobilize all resources of one or several localities in a state of defense emergency.

13. Disaster is a natural disaster, widespread dangerous epidemic, or human-caused event, or the aftermath of war causing serious casualties, property damage, and environmental harm.

Article 3. Principles of National Defense Activities

1. Adhering to the Constitution and laws of the Socialist Republic of Vietnam; being under the absolute, direct leadership of the Communist Party of Vietnam in all aspects, and the centralized, unified management of the State.

2. Consolidating and strengthening national defense is a crucial, ongoing task, mobilizing the combined strength of the entire nation and the whole political system, with the people's armed forces serving as the core.

3. Building a nationwide people's defense, a people's defense posture linked with a people's security foundation and a people's security posture.

4. Combining national defense with economic and social development and vice versa.

5. Combining national defense with security and foreign relations.

Article 4. State Policy on National Defense

1. Consolidate and strengthen the people's national defense foundation, military strength to build and firmly defend the socialist Fatherland of Vietnam, contributing to maintaining peace in the region and worldwide.

2. Implement independence, sovereignty, unity, territorial integrity, including land, islands, maritime zones, and airspace; implement a peaceful policy, self-defense; use appropriate and legitimate measures to prevent, block, repel, and defeat all plots and acts of aggression.

3. Carry out foreign defense relations consistent with the independent, autonomous, peaceful, friendly, cooperative, and developmental foreign policy; oppose war in all forms; proactively and actively integrate and expand international cooperation, defense dialogue, creating a favorable international environment for the cause of building and defending the Fatherland; not participate in military forces or alliances of one side against another; not allow foreign countries to establish military bases or use Vietnam's territory to attack other countries; not threaten or use force in international relations; resolve all disputes through peaceful means based on respecting independence, sovereignty, unity, territorial integrity, non-interference in internal affairs, equality, mutual benefit; comply with the Constitution, laws of Vietnam, and relevant international treaties to which the Socialist Republic of Vietnam is a member.

4. Mobilize resources from agencies, organizations, and individuals within the country to fulfill national defense tasks.

5. Encourage and create conditions for agencies, organizations, and individuals to support material, financial, and spiritual contributions to national defense on a voluntary basis, not contrary to Vietnamese law, and consistent with international law.

6. Develop science and technology to build the people's national defense foundation, the people's armed forces, defense industry, and security to meet the tasks of building and defending the Fatherland.

7. The State has preferential policies for agencies, organizations, and individuals in fulfilling national defense tasks; has special policies in border areas, islands, strategic regions, key areas, and critical defense zones.

8. The State recognizes the achievements and rewards agencies, organizations, and individuals who have outstanding accomplishments in fulfilling national defense tasks.

Article 5. Citizens' Rights and Obligations Regarding National Defense

1. Protecting the Fatherland is a sacred duty and noble right of citizens.

2. Citizens have the duty to be loyal to the Fatherland; must perform their military service obligations; have the duty to participate in Civil Defense Militia, building the people's national defense foundation; comply with the measures of the State and those authorized in implementing national defense tasks as stipulated by this Law and other relevant laws.

3. Citizens are entitled to propaganda and dissemination of the Party's guidelines and viewpoints, the State's policies and laws on national defense; national defense and security education; equipping knowledge and skills in civil defense according to the provisions of the law.

4. Citizens serving in the people's armed forces or mobilized for national defense tasks shall enjoy benefits and policies as prescribed by law themselves and their relatives.

5. Citizens are equal in performing national defense tasks.

Article 6. Prohibited acts in the field of national defense

1. Acts opposing the independence, sovereignty, unity, territorial integrity of the country, the people, the Party, the State, the socialist regime, and the cause of building and defending the country.

2. Establishing, joining, or funding illegal armed organizations.

3. Mobilizing, using personnel, weapons, explosives, support tools, equipment, and means to conduct armed activities without a lawful order or decision from the competent authority or outside the approved training, rehearsal, and combat readiness plans.

4. Resisting or obstructing agencies, organizations, or individuals in performing national defense tasks.

5. Exploiting or misusing the performance of national defense tasks to infringe upon national interests or the legitimate rights and interests of agencies, organizations, or individuals.

6. Discriminating against gender in the performance of national defense tasks.

Chapter II
BASIC NATIONAL DEFENSE ACTIVITIES

Article 7. The people's national defense foundation

1. The people's national defense foundation is the strength of the nation's defense, built on a political, spiritual, human, material, and financial basis, with a nationwide, comprehensive, independent, self-reliant, and self-strengthening nature.

2. The basic contents of building the people's national defense foundation include:

a) Building a strategy for protecting the country, a national defense plan; researching and developing Vietnamese military art; building a strong united front of the entire people and a robust political system;

b) Building actual and potential national defense forces; building a strong people's armed force with high combat capability, serving as the core for protecting the country;

c) Building material and technical infrastructure; developing national defense and security industries, science, and military technology; mobilizing the scientific and technological potential of the State and the people to serve national defense; applying scientific and technological achievements in military technology appropriately to build the country;

d) Building and implementing plans to ensure national reserve requirements for national defense; preparing necessary conditions to ensure national defense mobilization;

đ) Building regional defense zones and comprehensive defensive areas to form a national defense system; reinforcing and strengthening national defense and security potential in strategic regions, key areas, seas, islands, border areas, and weak zones; building a people's national defense posture integrated with a people's security posture throughout the country;

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

g) Building and implementing plans and measures for civil defense throughout the country;

h) National defense diplomacy;

i) Combining national defense with economic and social development and vice versa; combining national defense with security and foreign relations;

k) Building and ensuring systems and policies for the people's armed forces and relatives of those serving in the people's armed forces;

l) Propaganda and dissemination of the Party's guidelines and the State's policies on national defense; implementing national defense and security education.

Article 8. Regional Defense

1. Regional defense is a component of national defense, including activities to build actual and potential national defense forces, the people's national defense posture, and defensive areas to perform national defense tasks within the region.

2. Tasks of regional defense include:

a) Building plans, organizing preparation and implementation of regional defense;

b) Building strong and comprehensive regional defense agencies and units, and a widespread and strong People's Militia and Self-Defense Force within the region;

c) Building plans and directing, guiding regional defense agencies and units; coordinating with related agencies, organizations, units, and localities to implement civil defense and measures for information warfare and cyber warfare;

d) Directing, guiding, and coordinating to build a defensive area into a continuous and comprehensive strong posture; building a people's national defense foundation and posture integrated with a people's security foundation and posture within the region;

đ) Directing, guiding, and coordinating with localities to combine economic and social development with national defense, and vice versa, in planning, programs, projects, and participating in reviews according to authority; combining national defense with security and foreign relations; participating in building and developing national defense and security industries; managing assigned economic-defense zones; educating national defense and security; disseminating laws on national defense; building and implementing national defense mobilization plans; rear services policies, preferential policies for those meritorious to the revolution within the region;

e) Coordinating with units under the Ministry of National Defense, localities, and related agencies and organizations to manage state affairs regarding the national border; maintaining security, public order, and social safety in border areas, ports, islands, maritime, and airspace of the Socialist Republic of Vietnam within the region; implementing national defense diplomacy;

g) Coordinating with localities and related agencies and organizations to direct and guide regional defense agencies and units to participate in building the political system, a strong united front of the entire people, and comprehensive strong bases;

h) Coordinating with Public Security agencies and other forces in safeguarding national security and ensuring public order and social safety, combating crime;

i) Performing other tasks assigned by the Government,

3. The Government shall stipulate the direction, command, coordination relationships, support work, and responsibilities of agencies and organizations concerning regional defense.

Article 9. Defense Area

2. The tasks of the defense area include:

a) Building and organizing the implementation of the defense area plan;

b) Building potential in politics, spirit, economy, culture, society, science and technology, military, security, and foreign affairs; building the whole-people national defense foundation and the whole-people national defense posture linked with the people's security foundation and the people's security posture;

c) Building the local armed forces strong in all aspects, with high combat readiness, serving as the core in performing national defense, military, and security tasks;

d) Grasping the situation firmly, implementing measures to prevent and struggle against every hostile force's plots and activities, protecting national security and ensuring social order and safety, combating crime, creating a favorable environment for socio-economic development; fighting to protect the locality, creating conditions for the main force units to operate combat operations on the territory; being ready to provide manpower and resources to other localities;

đ) Building plans and directing, guiding agencies and units within the territory; coordinating with relevant agencies, organizations, units, and localities to implement civil defense and measures related to information warfare and cyber warfare;

e) Preparing all aspects, implementing orders, decisions, and measures during curfew, martial law, state of emergency in national defense, war, partial mobilization, general mobilization, meeting the requirements of long-term combat and support for combat of the locality; being ready for total people's armed self-defense to protect the country;

g) Implementing the rear support policy for the military and preferential policies for those who have contributed to the revolution;

h) Performing other tasks assigned by competent authorities.

3. The defense area of Hanoi Capital is a component part of the national defense, performing the tasks stipulated in Clause 2 of this Article and building the main force units of the Hanoi Command Office strong in all aspects, with high combat readiness.

4. The Government shall specify the guidance, command, coordination relationships, support work, and responsibilities of agencies and organizations regarding the defense area.

Article 10. National Defense and Security Education

1. National defense and security education is implemented nationwide with appropriate content, forms, and methods for each target group.

2. The tasks of national defense and security education include:

a) Providing national defense and security education to students, trainees, and learners in state agency schools, political organizations, political-social organizations, and educational institutions under the national education system;

b) Enhancing knowledge of national defense and security for individuals in state agencies, political organizations, political-social organizations, non-state enterprise managers, non-public service units, outstanding individuals, and community leaders;

c) Popularizing knowledge of national defense and security among the entire population.

3. National defense and security education is carried out in accordance with the provisions of the Law on National Defense and Security Education and other relevant laws.

Article 11. National Defense Mobilization

1. National defense mobilization is the comprehensive set of activities and measures to mobilize all resources of the country or certain localities for national defense and protection of the homeland.

2. The tasks of national defense mobilization include:

a) Mobilizing all resources of the national economy to ensure national defense;

b) Mobilizing to meet the national defense needs in the first year of war;

c) Building and mobilizing reserve forces; building and expanding the People's Self-Defense Militia;

d) Industrial mobilization;

đ) Transitioning the organization and operation of central ministries, agencies, and localities from peacetime to wartime;

e) Implementing other tasks as prescribed by relevant laws.

3. The organization of planning and implementing measures for national defense mobilization shall be carried out in accordance with the Government's regulations.

Article 12. National Defense and Security Industry

2. The State has special policies and mechanisms to build the national defense and security industry towards dual-use, becoming a spearhead of the national industry; enhancing potential, utilizing and developing connections between the national defense and security industry and civilian industry; maximizing achievements of the national industry to serve the national defense and security industry; prioritized investment in high-tech weapons and equipment; leveraging internal strength combined with expanding international cooperation.

3. The Government directs the development of plans and projects to develop the national defense and security industry to meet the requirements and tasks of the people's armed forces and the cause of building and protecting the homeland.

4. Principles, policies, tasks, organizational activities, planning, resources, responsibilities, and authorities of agencies and organizations implementing the national defense and security industry shall be carried out in accordance with the provisions of the law on the national defense and security industry and other relevant laws.

Article 13. Civil Defense

1. Civil defense is a part of national defense including measures to prevent and combat war; prevent, mitigate, and respond to disaster, accident, natural calamity, epidemic; protect the people, agencies, organizations, and the national economy.

2. The tasks of civil defense include:

a) Establishing operational mechanisms and civil defense plans;

b) Propaganda, education, training, and drills;

c) Building civil defense infrastructure systems;

d) Building systems for receiving, processing information, research, forecasting, warning, and alarm;

đ) Implementing civil defense measures.

3. Civil defense forces consist of:

a) Core forces including the People's Self-Defense Militia; village police; specialized or兼任部队和地方部门的专职或兼职人员；

b) Broad-based forces involving participation by the entire population.

4. The Government shall provide detailed regulations on this matter.

Article 14. Defense Diplomacy

1. Defense diplomacy is implemented to carry out the foreign policy of the Party and the State, aiming to leverage the comprehensive strength of the country to build and defend the homeland, contributing to the cause of world peace, national independence, democracy, and social progress.

2. The tasks of defense diplomacy include:

a) Establishing and developing defense relations with sovereign states and international organizations;

b) Building and expanding friendly and cooperative international relations; conducting defense dialogues; fostering mutual trust, understanding, and solidarity between the Vietnam People's Army and armies of countries around the world;

c) Participating in building and enforcing bilateral, multilateral, regional, sub-regional, and global defense cooperation mechanisms for the goals of peace, stability, and development;

d) Conducting external information dissemination on defense matters.

3. The principles, contents, forms of defense diplomacy, and the responsibilities and authorities of agencies and organizations implementing them shall be carried out in accordance with the law.

Article 15. Combining National Defense with Economic-Social Development and Economic-Social Development with National Defense

1. Combining national defense with economic-social development and economic-social development with national defense is the integration of all national defense activities with economic-social sectors under unified state management and control to contribute to reinforcing and strengthening national defense and developing economic-social affairs.

2. The tasks of combining national defense with economic-social development and economic-social development with national defense include:

a) The State shall have plans and programs for combining national defense with economic-social development and economic-social development with national defense that are consistent with the strategy for economic-social development and the strategy for national defense during each period.

b) Strategies, master plans, plans, and projects for economic-social development by ministries, sectors, regions, localities, important national projects, border areas, islands, and strategic areas must be combined with national defense, consistent with the national defense strategy.

c) The Ministry of National Defense shall take the lead and coordinate with relevant agencies and organizations to develop plans regarding national defense needs and the potential for combining national defense with economic-social development during peacetime, emergency situations concerning national defense, and war conditions; organize and build economic-national defense zones; organize and manage the activities of enterprises serving national defense and military units assigned to perform economic tasks combined with national defense in accordance with the provisions of the law, consistent with the tasks of building and defending the country.

d) Ministries, sectors, and localities when formulating strategies, master plans, plans, and projects must obtain opinions and participate in the review according to the Planning Law, Investment Law, and other related laws.

e) Some investment construction projects in key areas for national defense must have dual-use capabilities, ready to switch to serve national defense needs.

f) Agencies, organizations, and individuals when conducting production, business, investment, and scientific and technological research applications must comply with requirements for combining economic-social development with ensuring national defense as stipulated by relevant laws.

3. The Government shall provide detailed regulations on this Article.

Article 16. National Defense Work at Central Ministries and Sectors, Localities

1. National defense work at central ministries and sectors, localities is the activity of leading, directing, managing, controlling, and organizing the implementation of national defense tasks within their authority.

2. Central ministries and sectors shall establish military command boards operating on a concurrent basis to provide advice and organize the implementation of national defense work.

3. Localities shall have permanent national defense work agencies which are the same-level local military agencies.

4. The Government shall provide detailed regulations on this matter.

Chapter III
WAR SITUATION, NATIONAL DEFENSE EMERGENCY SITUATION, MILITARY LAW, AND MILITARY DISCIPLINE
ON NATIONAL DEFENSE, MILITARY LEGAL SYSTEM, AND DISCIPLINE

Article 17. Declaration, Announcement, and Revocation of War Situation

1. When the country is invaded, the National Assembly decides on the war situation. When the act of invasion ends in reality, the National Assembly decides to revoke the war situation.

2. In cases where the National Assembly cannot convene, the Standing Committee of the National Assembly decides to declare the war situation and report to the National Assembly for decision at the nearest session.

3. Based on the resolution of the National Assembly or the Standing Committee of the National Assembly,

Article 18. Declaration, announcement, and termination of state of emergency for national defense

1. When a state of emergency for national defense occurs, the Standing Committee of the National Assembly decides to declare the state of emergency for national defense throughout the country or in specific localities upon the proposal of

2. Based on the resolution of the Standing Committee of the National Assembly,

3. The Government shall stipulate the implementation of decisions to declare, announce, and terminate the state of emergency for national defense.

Article 19. General Mobilization and Partial Mobilization

1. When there is a decision to declare a state of war or to declare a state of emergency for national defense, the Standing Committee of the National Assembly shall examine and decide on general mobilization or partial mobilization.

2. Based on the resolution of the Standing Committee of the National Assembly,

3. The decree of general mobilization is publicly announced nationwide; it implements the entire national defense mobilization plan; economic and social activities of the country shift to ensure combat tasks, support combat operations, and meet national defense needs during wartime. Upon implementing the general mobilization decree, the People's Army and Self-Defense Forces are transferred into a combat-ready state as appropriate, expanding the Self-Defense Force forces as prescribed by the Minister of National Defense and supplementing logistics and technical materials; the People's Army is supplemented with reserve personnel.

4. The decree of partial mobilization is publicly announced in one or several localities and applied to relevant agencies, organizations, and individuals to implement the national defense mobilization plan; economic and social activities of the mobilized locality shift to ensure combat tasks, readiness for combat, and national defense needs. Upon implementing the partial mobilization decree, the Minister of National Defense orders certain units of the People's Army and Self-Defense Forces to transfer into a combat-ready state as appropriate, supplementing logistics and technical materials; supplementing reserve personnel for certain units of the People's Army, expanding the Self-Defense Force forces in the locality receiving the partial mobilization order.

5. When there is no longer a state of war or a state of emergency for national defense, the Standing Committee of the National Assembly decides to terminate general mobilization or partial mobilization.

6. Based on the resolution of the Standing Committee of the National Assembly,

Article 20. Powers of the Minister of National Defense in a State of War or State of Emergency for National Defense

1. Based on the decision to declare a state of war or to declare a state of emergency for national defense, the decree of general mobilization or partial mobilization, the Minister of National Defense has the authority to issue special orders to ensure combat tasks in areas where military operations are taking place.

2. Heads of local authorities, agencies, and organizations in areas where military operations are taking place must comply with special orders issued by the Minister of National Defense.

Article 21. Martial Law

1. Martial law is a special management measure implemented by the military for a limited time.

2. When political security, public order, and social safety in one or several localities are seriously violated to the extent that the local government can no longer control the situation,

4. Based on the order of

5. During the period of martial law, state management in the martial law area is carried out by the military unit. The commander of the military unit responsible for managing the martial law area has the authority to issue special measures as provided for in Clause 6 of this Article and other necessary measures to enforce the martial law order and is responsible for the application of such measures. The commander of the military unit responsible for managing the provincial martial law area has the right to requisition or conscript property. Property requisition and conscription are carried out according to the provisions of the Law on Requisition and Conscription of Property.

6. Special measures applied during the enforcement of the martial law order include:

a) Prohibiting or restricting movement of people and means of transportation; suspending or limiting activities at public places;

b) Prohibiting demonstrations, strikes, market closures, school closures, and gatherings of large groups of people;

c) Detaining or compelling individuals or organizations engaged in activities harmful to national defense and security to leave their place of residence or a designated area;

d) Mobilizing people and means of transportation from agencies, organizations, and individuals;

đ) Special management of weapons, explosives, supportive tools, flammable substances, toxic substances, radioactive substances; strictly controlling information technology infrastructure, communication means, press and publication activities, printing and photocopying facilities, information collection and usage.

7. All activities in the martial law area must comply with the martial law order and special measures.

8. Criminal trials occurring in the martial law area during the enforcement of the martial law order shall be conducted in accordance with the provisions of the Criminal Procedure Code.

9. When the political security, public order, and social safety situation in the martial law area has stabilized,

10. The Government shall stipulate the tasks and powers of the military unit commander, agencies, organizations, and related localities in enforcing the martial law order and the order to terminate the martial law order.

Article 22. Curfew

1. Curfew is a measure prohibiting and restricting people, means of transportation, and activities during certain hours in specific areas, except in cases where permission is granted according to the regulations of the competent authority organizing the curfew enforcement.

2. The curfew order shall be issued in cases where the political security situation, public order, and social safety at one or several localities become complicated, threatening serious instability, and shall be continuously announced on mass media.

3. The authority to issue the curfew order is defined as follows:

a) The Prime Minister issues the curfew order at one or several provincial localities;

d) The People's Committee of the special administrative-economic unit issues the curfew order at one or several areas within its territory.

4. The curfew order must specify the following contents:

a) The curfew area;

b) The unit responsible for enforcing the curfew order and their tasks;

c) The start and end time of effectiveness, not exceeding 24 hours at most; when the effect ends, if it is necessary to continue the curfew, a new order must be issued;

d) The tasks and authorities of agencies, organizations, and individuals within the curfew area;

đ) Social order rules necessary in the curfew area.

5. Measures applied during the curfew period include:

a) Prohibiting gatherings of large groups of people;

b) Prohibiting people, means of transportation, and activities during certain hours in specific areas;

c) Suspending or limiting activities at some public places during certain times;

d) Setting up checkpoints and controlling the area, inspecting items, luggage, means of transportation, and travel documents of people passing through checkpoints;

đ) Promptly apprehending and handling violators of the curfew order and other legal provisions.

6. The Government stipulates the procedure for issuing the curfew order; responsibilities and authorities of agencies, organizations, units, and localities related to enforcing the curfew order.

Chapter IV
PEOPLE'S ARMED FORCES

Article 23. Components and Tasks of the People's Armed Forces

1. The people's armed forces consist of the People's Army, the People's Public Security Force, and the Self-Defense Militia.

2. The People's Armed Forces are absolutely loyal to the Homeland, the People, the Party, and the State; they have the mission to be ready to fight, fight, serve the fight, protect the independence, sovereignty, unity, territorial integrity of the Homeland, national security, public order, and social safety; protect the People, the Party, the State, the socialist system, revolutionary achievements; together with the entire people to build the country and fulfill international obligations.

Article 24. Principles of Operation and Cases for Using the People's Armed Forces

1. The operation of the People's Armed Forces must comply with the Constitution, laws, and international treaties to which the Socialist Republic of Vietnam is a member; under the leadership of the Communist Party of Vietnam and the command of the Central Military Commission.

2. The cases for using the People's Armed Forces are defined as follows:

a) In wartime or a state of emergency in defense, they operate according to orders from the National Defense Council;

b) In implementing martial law and curfew orders, they operate according to this Law and other relevant legal provisions;

c) In a state of emergency due to disasters, dangerous epidemics, or situations seriously threatening national security, public order, and social safety, they operate according to the Law on Emergency Situations and other relevant legal provisions;

d) When there is a threat to national security, public order, and social safety but has not reached the level of declaring a state of emergency, they operate according to the Law on National Security and other relevant legal provisions;

đ) When participating in activities contributing to maintaining peace in the region and worldwide, they operate according to decisions of the National Defense and Security Council;

e) When complex situations arise concerning national security, public order, and social safety; fighting crime prevention; participating in disaster prevention, mitigation, and epidemic control, the use of the armed forces is regulated by the Government.

Article 25. The People's Army

1. The People's Army is the core force of the people's armed forces in performing national defense tasks, including regular forces and reserve forces. The regular forces of the People's Army consist of Main Force Troops and Local Troops. December 22 of each year is the traditional day of the People's Army, the nationwide defense festival.

2. The People's Army has the function and mission of being ready for combat to defend the country; implementing mobilization and propaganda work on the Party's guidelines and policies, the State's laws and regulations; combining labor production with national defense and socio-economic development, participating in civil defense, and contributing to building the country alongside the entire population; fulfilling international obligations.

3. The State builds the People's Army as a revolutionary, regular, elite force, gradually modernizing, with a reasonable regular force and a powerful reserve force; some forces will directly move towards modernization.

4. The organization, missions, service systems, and policies of the People's Army are regulated by the Officer Law of the Vietnam People's Army, the Law on Professional Military Personnel, Civil Servants and National Defense Workers, the Law on Military Service, and other relevant legal provisions.

Article 26. The People's Public Security Forces

1. The People's Public Security Forces are the core force of the people's armed forces in performing the task of protecting national security and maintaining social order and safety, combating crime.

2. The functions, missions, organization, command, support for operations, service systems, and policies of the People's Public Security Forces are implemented according to the Law on the People's Public Security Forces and other relevant legal provisions.

3. The State builds the People's Public Security Forces as a revolutionary, regular, elite force, gradually modernizing; prioritizing the modernization of certain forces.

4. The People's Public Security Forces have the responsibility to coordinate with the People's Army and the Self-Defense Militia in performing national defense tasks. The coordination between the People's Public Security Forces and the People's Army and the Self-Defense Militia is regulated by the Government.

Article 27. The Self-Defense Militia

1. The Self-Defense Militia is a mass armed force that does not leave production or work; it is a force protecting the Party, the government, the lives and property of the people, and state property at local levels; ready for combat, combat, and combat service, serving as the backbone alongside the entire population to fight enemies at local levels when there is war; participating in building the whole-people national defense, regional defense areas, civil defense, protecting national security, and maintaining social order and safety, combating crime.

2. The State builds a strong and widespread Self-Defense Militia force.

3. The organization, missions, service systems, and policies of the Self-Defense Militia are regulated by the Law on the Self-Defense Militia and other relevant legal provisions.

Article 28. Command of the People's Army, the People's Public Security Forces, and the Self-Defense Militia

1. The People's Army, the People's Public Security Forces, and the Self-Defense Militia have a command system organized according to legal regulations.

2. The Minister of National Defense is the highest commander in the People's Army and Militia and Self-Defense Forces.

3. The Minister of Public Security is the highest commander in the People's Public Security Forces.

Chapter V
Article 37. Ensuring the mobilization of human resources for national defense

Article 29. Ensuring Human Resources

1. Vietnamese citizens are the main human resources for national defense.

2. The State has policies and plans for building, training, and developing human resources; prioritizing the attraction of high-quality human resources to ensure national defense tasks.

Article 30. Financial Resource Assurance

1. The State ensures the budget for national defense according to the provisions of the Law on State Budget; prioritizes investment in border areas, islands, strategic regions, key areas, and areas with weak defense conditions, and some forces of the People's Army that directly advance towards modernization.

2. Economic organizations ensure financial resources for the implementation of national defense tasks according to the provisions of the law.

Article 31. Assurance of Assets for National Defense

1. Assets for national defense are public assets under unified management and assurance by the State, including:

a) Public assets at agencies, organizations, units of the People's Army, and Self-Defense Militia, including special assets, dedicated assets, and assets serving administrative work related to national defense as prescribed by the Law on Management and Use of Public Assets, the Land Law, and other relevant laws;

b) Assets acquired, requisitioned, mobilized, and other assets assigned by the State to the Ministry of National Defense, agencies, organizations, and localities for national defense purposes as prescribed by law.

2. The State has plans to build the national reserve to ensure national defense. The management and use of the national reserve for national defense shall be carried out according to the provisions of the Law on National Reserve.

Article 32. Assurance of National Defense Services in Economic-Social and Foreign Affairs Fields

1. The Government has plans to ensure national defense services in economic-social and foreign affairs fields.

2. Ministries, central sectors, provincial People's Committees within their respective functions and powers cooperate with the Ministry of National Defense, relevant agencies, and organizations to develop plans to ensure national defense services and organize their implementation according to this Law and other relevant laws.

3. The State has planning, plans, and builds systems of national defense works, military zones, ammunition depots, defense industries, security systems; systems of national defense education and security centers; planning and plans for the use of defense land; plans for building economic-defense zones nationwide.

Article 33. Assurance of Activities of the People's Armed Forces

The State ensures financial needs, assets used for national defense and security purposes, and appropriate preferential policies in accordance with the special nature of the activities of the People's Armed Forces.

Chapter VI
TASKS AND POWERS OF AGENCIES,
ORGANIZATIONS ON NATIONAL DEFENSE

Article 34. Tasks and Powers of the Government

1. The Government uniformly manages state affairs on national defense; implements tasks and powers as prescribed by the Constitution and relevant laws.

2. The content of state management on national defense includes:

a) Issuing, submitting to competent authorities for issuance, and organizing the implementation of legal normative documents on national defense;

b) Building and implementing strategies and policies on national defense; building a people's national defense, national defense prevention plans, national defense mobilization plans, and ensuring the operation of national defense and the People's Armed Forces;

c) Organizing and directing the implementation of national defense tasks; enforcing orders and decisions of competent authorities and necessary measures to protect the country;

d) Propaganda and dissemination of the Party's guidelines and viewpoints, state policies and laws on national defense; implementing national defense and security education;

đ) Defense diplomacy;

e) Inspection, audit, and resolution of complaints and denunciations, summary, conclusion, commendation, and handling of violations of national defense laws.

Article 35. Tasks and Authorities of the Ministry of National Defense

The Ministry of National Defense is responsible to the Government for managing state affairs related to national defense and has the following tasks and authorities:

1. Advising and assisting the National Defense and Security Council;

2. Leading and coordinating with the Ministry of Foreign Affairs and the Ministry of Public Security to be responsible to the Government for managing state affairs related to the national border; maintaining security, order, and social safety in border areas, ports, islands, maritime zones, and airspace of the Socialist Republic of Vietnam according to Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a member;

3. Leading and coordinating with central ministries and agencies, local authorities to establish, develop strategies, plans, programs on national defense, and submitting them to competent authorities for decision-making;

4. Building, managing, and commanding the People's Army and Self-Defense Forces in performing national defense tasks;

5. Directing and guiding central ministries and agencies, localities in building the whole-people national defense, military district defense, defense region, and defense work.

Article 36. Tasks and Authorities of Central Ministries and Agencies

Within their respective tasks and authorities, central ministries and agencies shall coordinate with the Ministry of National Defense in managing state affairs related to national defense and have the following tasks and authorities:

1. Issuing or submitting to competent authorities for issuance normative legal documents, directives, and guidance to implement national defense tasks as prescribed by this Law and other relevant laws;

2. Leading and coordinating with the Ministry of National Defense and related agencies to implement the integration of economy-society, security, foreign relations with national defense in their respective sectors and fields in accordance with the strategy for national defense;

3. Coordinating with the Ministry of National Defense to organize the implementation of strategies, plans, programs on national defense as assigned;

4. Participating in building the whole-people national defense, people's security foundation, and regional defense, armed forces according to the provisions of the law and the guidance of competent authorities;

5. Leading or coordinating with the Ministry of National Defense to periodically or urgently inspect, review, and summarize the implementation of national defense tasks;

6. Performing other tasks and authorities related to national defense as prescribed by law.

Article 37. Tasks and Authorities of People's Councils at All Levels

Within their respective tasks and authorities, People's Councils at all levels have the following tasks and authorities:

1. Deciding on measures to ensure the implementation of national defense tasks as prescribed by law;

2. Deciding on policies and measures to mobilize the potential of the locality to build the whole-people national defense, people's security foundation, and comprehensive regional defense, to build national defense potential, and to build a solid regional defense;

3. Deciding on policies and measures to build the Self-Defense Force and reserve forces; deciding on policies and measures to integrate national defense with economy-society, economy-society with national defense, and national defense with security and foreign relations of the locality;

4. Based on the order of

5. Deciding on the budget to ensure the activities of national defense in the locality;

6. Supervising compliance with the Constitution, laws, and resolutions of the People's Council on national defense in the locality;

7. Performing other tasks and authorities related to national defense as prescribed by law.

Article 38. Tasks and Authorities of People's Committees at All Levels

Within their tasks and authorities, People's Committees at all levels shall manage state affairs on national defense in their localities and have the following tasks and authorities:

1. Issuing normative legal documents within their authority to organize the implementation of national defense tasks as prescribed by law, resolutions of the same-level People's Councils, and national defense tasks assigned by competent authorities at the locality;

2. Directing and organizing the implementation of building a people's national defense foundation, a people's national defense posture linked with a people's security foundation, a people's security posture; building actual strength and potential for national defense; building a comprehensive and solid defensive area; building local armed forces; implementing national defense and security education; selecting and calling up citizens for military service, receiving and creating conditions to resolve employment issues for demobilized soldiers; coordinating with relevant agencies, organizations, and units of the people's armed forces in constructing military region defenses as prescribed by law;

3. Submitting to the same-level People's Council the budget estimate to ensure funding for national defense activities; directing and organizing the implementation of the same-level People's Council's resolution on ensuring the budget for national defense activities in the locality;

4. Directing and organizing the implementation of construction, training, operation, and ensuring systems and policies for local troops, reserve forces, and self-defense militia;

5. Taking the lead or coordinating in building, managing, and protecting national defense works, military areas, economic-military zones within the administrative region; implementing civil defense measures; military rear support policies; preferential policies for those who have contributed to the revolution; providing human resources, material resources, and financial support for the people's armed forces operating in the local area during emergencies, defense emergencies, and war;

6. Performing other tasks and authorities related to national defense as prescribed by law.

Article 39. Tasks and Authorities of the Vietnam Fatherland Front and its Member Organizations

The Vietnam Fatherland Front and its member organizations, within their tasks and authorities, shall coordinate with the Ministry of National Defense and related agencies and organizations to be responsible for propagandizing and mobilizing the people to implement laws on national defense; supervising the implementation of laws on national defense by agencies, organizations, and individuals;

Chapter VII
IMPLEMENTING PROVISIONS

Article 40. Effective Date

1. This Law takes effect from January 1, 2019.

2. The National Defense Law No. 39/2005/QH11 ceases to be effective from the date this Law takes effect.

---

This Law was adopted by the XIVth National Assembly of the Socialist Republic of Vietnam at its fifth session, on June 8, 2018./.