Law on National Defense No. 39/2005/QH11

LAW

National Defense

___

 

Based on 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 Tenth National Assembly, tenth session;

This Law stipulates national defense.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates the national defense policy, principles, and basic contents of national defense activities; activities of the people's armed forces; tasks and authorities of agencies and organizations, rights and obligations of citizens regarding national defense.

Article 2. Applicability

1. This Law applies to agencies, organizations, and Vietnamese citizens.

2. Foreign organizations and individuals residing or operating within the territory of the Socialist Republic of Vietnam shall be responsible for complying with relevant provisions of Vietnamese law concerning national defense.

Article 3. Explanation 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. The whole-people national defense is the national defense strength of the country built on a foundation of manpower, material resources, and spirit that are comprehensive, nationwide, independent, self-reliant, and self-strengthening.

3. Defense potential is the ability to mobilize manpower, material resources, and finance to fulfill defense tasks.

4. Defense area is an area organized for national defense and security according to administrative boundaries of provinces, centrally governed cities, districts, towns, and cities under provincial administration within the national common defense system to perform defense tasks and protect the country.

5. State of war is a special social condition of the country declared during the period from when the country is invaded until the act of invasion is actually ended.

6. General mobilization is a measure to mobilize all resources of the country to counter an invading war.

7. Partial mobilization is a measure to mobilize all resources of one or several localities to serve defense tasks.

8. State of emergency in national defense is a state of society of the country when there is a direct threat of invasion or an armed invasion or riot has occurred but not yet reached the level of declaring a state of war.

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

10. Curfew is a measure prohibiting people and means of transportation from moving and operating at certain times in certain areas, except in cases permitted by the authority organizing the curfew.

Article 4. National Defense Policy

1. The Socialist Republic of Vietnam strengthens and enhances national defense to build and firmly defend the country.

2. The Socialist Republic of Vietnam exercises national sovereignty over the complete territorial integrity including land, islands, archipelagos, maritime zones, subsoil, and airspace; uses appropriate measures to prevent, repel, and defeat any plot or action of aggression by any form.

3. The Socialist Republic of Vietnam implements foreign defense policies consistent with its independent, autonomous, open, diversified, and multilateral international relations policy, ready to be a reliable friend and partner of countries in the international community, striving for peace, independence, and development, opposing war in all forms; expanding defense cooperation with neighboring countries and globally based on respecting each other's independence, sovereignty, and territorial integrity, non-interference in internal affairs, equality, mutual benefit, for peace, in accordance with Vietnamese law and related international treaties to which the Socialist Republic of Vietnam is a member.

4. The Socialist Republic of Vietnam recognizes and appropriately rewards organizations and individuals who have outstanding achievements in the cause of strengthening national defense and protecting the country.

Any plot or action against the independence, sovereignty, unity, and territorial integrity of the country, against the cause of building and defending the Socialist Fatherland of Vietnam, will be severely punished according to the law.

Article 5. Principles of National Defense Activities

1. Adhere to the Constitution and laws of the Socialist Republic of Vietnam, under the leadership of the Communist Party of Vietnam and the unified management of the State.

2. Mobilize the comprehensive strength of the entire nation and the entire political system, with the people's armed forces as the core.

3. Closely combine economic and social development with enhanced national defense; and enhance national defense with economic and social development.

4. Build a people's national defense foundation, a people's national defense posture integrated with a people's security posture.

5. Combine with security activities and foreign relations activities.

Article 6. Citizens' Rights and Obligations Regarding National Defense

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

2. Citizens must be loyal to the Fatherland, fulfill military service obligations, receive national defense education and military training; participate in civilian self-defense and civil defense; strictly comply with the measures of the State and those authorized when the country is in a state of war or a state of emergency regarding national defense as stipulated by this Law and other relevant laws.

3. Citizens serving in the people's armed forces or mobilized for tasks during a state of war or a state of emergency regarding national defense, if they are injured, suffer health damage, or sustain loss of life, themselves and their families shall enjoy benefits and policies according to the provisions of the law.

Article 7. Expropriation and Compulsory Use of Legal Property of Individuals and Organizations for National Defense Purposes

In cases of genuine necessity for national defense reasons, the State shall expropriate or compulsorily use legal property of individuals and organizations at market prices with compensation.

The expropriation and compulsory use shall be carried out in accordance with the provisions of the law.

Article 8. Contents of Building a People's National Defense Foundation

1. Building a strategy for protecting the Fatherland, a national defense plan; building a strong and comprehensive national defense potential; building a solid bloc of great unity among the people and a strong political system.

2. Building the people's armed forces as the core, strong and comprehensive, with high combat readiness; building the People's Army and the People's Public Security force as revolutionary, regular, elite, and gradually modern.

3. Implementing national defense education in agencies, organizations, and among citizens.

4. Investing in building material and technical infrastructure for a people's national defense foundation; researching and perfecting the strategic and military art of Vietnam; developing national defense industry, science, and military technology; mobilizing the scientific and technological potential of the State and the people to serve national defense, while applying scientific and technological achievements in military affairs appropriately to build the country.

5. Preparing plans for national defense mobilization and necessary conditions to ensure the implementation of national defense mobilization in a state of war or a state of emergency regarding national defense.

The contents of preparing plans for national defense mobilization are prescribed by the Government.

6. Building a strong all-round defensive area; enhancing national defense and security potential in key areas, ethnic regions, mountainous regions, border areas, and islands.

7. Building and ensuring the implementation of appropriate systems and policies for the nature and activities of the people's armed forces, and policies for the families of those serving in the people's armed forces.

8. Building and organizing the implementation of plans and measures for civil defense throughout the country.

9. State management of national defense, building and perfecting the legal system for protecting the Fatherland.

Article 9. Building Defense Areas

1. In provinces, centrally governed cities, districts, towns, and provincial-level cities, defense areas must be built within the national common defense system.

2. The content of building defense areas and the operation mechanism of defense areas shall be prescribed by the Government.

Article 10. Mobilizing the National Economy for National Defense

1. The National Assembly decides on the policy and measures to mobilize the national economy for national defense.

2. The Government organizes the preparation and mobilization of material, financial, scientific, and technological resources, creating national reserves to serve national defense.

3. The Ministry of National Defense, in collaboration with ministries, ministerial-level agencies, and government agencies, prepares plans regarding regular national defense needs, initial war-year national defense needs, and wartime requirements, to be submitted to the Government for decision.

Article 11. Combining Economic-Social Development with Strengthening National Defense

1. The State has plans and programs to combine economic-social development with strengthening national defense, consistent with the economic-social development strategy and the national defense and security strategy during each period.

2. Regional, provincial, and centrally governed city economic-social development planning and key area planning related to national defense must be jointly reviewed by the Ministry of National Defense and competent government agencies.

3. Organizations, entities, and individuals conducting production, business, investment, and scientific and technological research and application activities must comply with state requirements for combining economic development with ensuring national defense.

4. The Ministry of National Defense, in collaboration with ministries, ministerial-level agencies, and government agencies, prepares plans regarding the capacity and needs for combining economic-social development with strengthening national defense during peacetime and wartime, to be submitted to the Government for decision; establishes and manages economic-national defense zones assigned by the Government; organizes and manages the activities of enterprises serving national defense and military units assigned to engage in economic activities combined with national defense, in accordance with the requirements and tasks of the military as stipulated by law.

Chapter II

PEOPLE'S ARMED FORCES

Article 12. 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 must be absolutely loyal to the country and the people, with the mission of being ready to fight and defend the independence, sovereignty, unity, territorial integrity of the country, national security, social order, and safety, protecting the socialist regime and revolutionary achievements, and working together with the entire population to build the country.

3. It is strictly prohibited to establish armed units contrary to the law.

Article 13. Principles of Operation and Utilization of the People's Armed Forces

1. The people's armed forces are under the leadership of the Communist Party of Vietnam, the supreme command of the President, and unified management by the Government.

2. The utilization of the people's armed forces and the application of military measures in times of war and national defense emergencies shall be carried out according to the orders of the President.

3. In cases of natural or human-caused disasters, dangerous epidemics, or situations threatening serious harm to national security and social order and safety, the mobilization and utilization of the people's armed forces shall be carried out in accordance with the law on emergency situations.

4. Without authorization from the competent authority, commanders of people's armed forces units may not arbitrarily mobilize and utilize personnel, equipment, and weapons of their units to conduct armed activities not included in the approved combat readiness training and exercise plans.

Article 14. 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 each year is the traditional day of the People's Army, the nationwide national defense festival.

2. The organization, tasks, and service system of the People's Army are regulated by law.

Article 15. Militia and Self-Defense Forces

1. The Militia and Self-Defense Forces are mass armed forces not detached from production or work, with the mission to be ready for combat, fight, and serve combat to protect the locality and the base; cooperate with units of the People's Army, the People's Public Security, and other forces on the territory to participate in building the whole-people national defense, defensive zones, maintaining political security, social order, and public safety, protecting the Party, the government, state property, and the lives and property of the people at the locality and the base.

2. The organization, tasks, and service system of the Militia and Self-Defense Forces are regulated by law on militia and self-defense forces.

Article 16. Command of the People's Army and Militia and Self-Defense Forces

1. The People's Army and Militia and Self-Defense Forces have a command system organized according to the provisions of law.

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

Article 17. The People's Public Security in Performing National Defense Tasks

1. The People's Public Security is the core force in performing the task of protecting political security, social order, and public safety, with the responsibility to coordinate with the People's Army and Militia and Self-Defense Forces in performing national defense tasks.

2. The coordination between the People's Public Security and the People's Army and Militia and Self-Defense Forces in performing national defense tasks is regulated by the Government.

Article 18. Ensuring the Activities of the People's Armed Forces

The State ensures financial needs, logistics, weapons, technical equipment, means, land used for national defense purposes, and appropriate reward systems and policies suitable for the special nature of the activities of the people's armed forces in performing national defense tasks.

Chapter III

NATIONAL DEFENSE EDUCATION

Article 19. Scope and Subjects of National Defense Education

1. National defense education is implemented throughout the country with content, forms, and methods suitable for each subject.

2. National defense education is a compulsory subject in schools from secondary level onwards.

Knowledge of national defense is one of the mandatory criteria for those holding leadership and management positions in agencies and organizations. Specific subjects and criteria are regulated by the Government.

Article 20. Content of National Defense Education

1. Educating citizens' rights and obligations regarding the protection of the Socialist Republic of Vietnam; requirements and tasks of national defense and security; traditions of struggle against foreign invaders; fostering patriotism, love for socialism, and awareness of vigilance against the plots and tactics of hostile forces opposing the socialist regime and the Socialist Republic of Vietnam.

2. Educating and fostering necessary knowledge of national defense and military skills; training physical fitness so that citizens are ready to fulfill their duty to protect the country.

3. Fostering basic knowledge about military policy and state administration of national defense for cadres, civil servants, and heads of agencies and organizations.

Article 21. Responsibility for organizing national defense education

1. The Ministry of National Defense shall take the lead and coordinate with the Ministry of Education and Training to develop the content and curriculum of national defense education suitable for each target group and educational level; direct the implementation of national defense education throughout the country.

2. Agencies and organizations within their respective duties and powers shall be responsible for organizing the implementation of the content and curriculum of national defense education as prescribed by law.

3. The State encourages and creates conditions for agencies, organizations, individuals, and families to develop various forms of vocational education and public education on national defense.

4. Mechanisms and policies ensuring national defense education shall be stipulated by the Government.

Chapter IV

NATIONAL DEFENSE INDUSTRY

Article 22. Position and tasks of the national defense industry

The national defense industry is a part of the national industry tasked with researching, developing, manufacturing, producing, maintaining, repairing, improving, and modernizing weapons, technical equipment, specialized equipment, and other products serving national defense.

Article 23. Development of the national defense industry

1. The State prioritizes investment in research, construction, modernization, and implementation of planning for the development of the national defense industry to meet the needs of enhancing national defense potential and ensuring combat readiness of the people's armed forces.

2. The State maintains and gradually strengthens the capacity of the national defense industry through a comprehensive mechanism and policy to meet the requirements of national defense tasks in accordance with the economic and social conditions of the country.

3. International cooperation in the national defense industry according to the equipment needs of the people's armed forces must comply with the principles of independence, self-reliance, equality, mutual benefit, and absolute military and state secrecy.

Article 24. National defense industry facilities

1. Production facilities constructed by the State to invest in production capacity serving national defense in accordance with the law on industrial mobilization.

2. Research, production, and repair facilities for military weapons and technical equipment directly managed by the Ministry of National Defense.

Article 25. Responsibilities for managing the national defense industry

1. The Government shall uniformly manage the national defense industry including planning, construction, and development plans for the national defense industry.

2. The Ministry of National Defense shall manage the production and exploitation of national defense products; directly manage national defense industry facilities; implement orders to serve national defense.

3. The Ministry of Industry shall take the lead and coordinate with the Ministry of National Defense and relevant ministries and sectors to organize, manage, direct, and ensure that assigned facilities produce products serving national defense in accordance with orders from the Ministry of National Defense.

Coordination between the Ministry of Industry and the Ministry of National Defense shall be regulated by the Government.

Chapter V

CIVIL DEFENSE

Article 26. Position of civil defense

Civil defense is a component of the national defense system, comprising proactive measures to prevent and combat war or disasters caused by natural or human factors, dangerous epidemics; implementing prevention, combating, and mitigating the consequences of disasters, protecting the people, safeguarding the activities of agencies and organizations, and the national economy.

Article 27. Civil Defense Measures

1. The measures to protect the activities of agencies, organizations, and the national economy include:

a) Handling situations when there is a state of war or a state of emergency regarding national defense;

b) Evacuation, camouflage; protection of material facilities, warehouses, equipment, machinery, raw materials, economic works, cultural-social works; stockpiling food, clean water, medicines, biotechnology products; protection of water sources, works, and terrain with defensive value;

c) Maintaining and protecting the environment.

2. The measures to protect the people include:

a) Guiding, training, and practicing for the people and local forces on civil defense measures; using personal protective means; implementing plans to evacuate the people to safe or less dangerous areas;

b) Organizing civilian air defense, constructing shelters; regulations on lighting, camouflage, communication, and defensive measures.

3. Organizing search and rescue forces; mitigating the consequences of war, dangerous epidemics, or natural and human-caused disasters.

4. Developing plans and organizing the implementation of measures to prevent and combat weapons of mass destruction, toxic substances, radioactive substances, flammable substances, and explosive substances.

Article 28. Responsibilities for Organizing and Managing Civil Defense Work

1. Civil defense is the responsibility of agencies, organizations, and citizens under the unified management of the Government.

Ministries and ministerial-level agencies within their respective functions and powers are responsible before the Government for managing state affairs related to civil defense work.

Local military authorities advise the People's Committee at the same level on civil defense work according to the directives of the Ministry of National Defense.

2. Within their respective functions and powers, the Chairpersons of People's Committees at all levels directly command and direct the implementation of civil defense measures in their localities; proactively mobilize local forces to handle situations and coordinate with relevant localities to implement civil defense work in their localities.

3. The organization, tasks, and mechanisms for ensuring investment construction and training in civil defense are regulated by the Government.

Chapter VI

STATE OF WAR,

STATE OF NATIONAL DEFENSE EMERGENCY

Article 29. Declaration of State of War

1. When the country is invaded, the National Assembly examines and decides to declare a state of war; entrusting the National Defense and Security Council with special tasks and powers.

2. In cases where the National Assembly cannot convene, the Standing Committee of the National Assembly decides on the declaration of a state of war and reports to the National Assembly for examination and decision at its nearest session.

3. Based on the Resolution of the National Assembly or the Standing Committee of the National Assembly, the President announces the decision to declare a state of war.

Article 30. General Mobilization, Partial Mobilization

1. When deciding to declare a state of war or declaring a state of national defense emergency, the Standing Committee of the National Assembly examines and decides on general mobilization or partial mobilization.

2. Based on the Resolution of the Standing Committee of the National Assembly, the President issues orders for general mobilization or partial mobilization.

3. The order for general mobilization is publicly announced nationwide; implementing the entire national defense mobilization plan; social activities and the national economy shift to ensure combat readiness, support combat operations, and meet wartime defense needs; the Armed Forces are placed in a combat-ready state as prescribed by the Minister of National Defense and supplemented with reserve personnel and technical equipment.

4. The order for partial mobilization is publicly announced in one or several localities and applied to agencies, organizations, and individuals related to the implementation of the national defense mobilization plan; social and economic activities in the mobilized locality shift to ensure combat readiness, combat readiness, and defense needs; the Armed Forces are placed in a combat-ready state as prescribed by the Minister of National Defense; part of the standing forces of the Armed Forces are supplemented with reserve personnel and technical equipment.

Article 31. Declaration of State of National Defense Emergency

1. When a state of national defense emergency occurs, the Standing Committee of the National Assembly examines and decides to declare a state of national defense emergency nationwide or in specific localities.

2. Based on the Resolution of the Standing Committee of the National Assembly, the President announces the decision to declare a state of national defense emergency nationwide or in specific localities; in cases where the Standing Committee of the National Assembly cannot convene, the President declares a state of national defense emergency nationwide or in specific localities.

Article 32. Martial Law

1. When political security and social order and safety in one or several localities are seriously violated to the extent that the authority there can no longer control the situation, the President issues a martial law order upon the proposal of the Government.

2. In the martial law order, the specific area under martial law, measures, and effectiveness must be clearly defined; regulations on the performance of civic duties and necessary social order rules in the martial law area must be implemented continuously through mass media.

3. During the period of martial law, state management in the martial law area is carried out by the Armed Forces. The commander of the military unit assigned to manage the martial law area has the right to issue orders to apply necessary measures to enforce the martial law order and is responsible for the application of those measures.

4. Based on the President's order on martial law, decisions, and directives of the Prime Minister on enforcing the martial law order, the Minister of National Defense is responsible for directing and commanding military units assigned to perform tasks in the martial law area to comply with legal provisions.

5. The trial of crimes occurring in the locality during the enforcement of the martial law order is handled by the Military Court.

6. At the proposal of the Prime Minister, the President issues an order to lift martial law when the political security situation, public order, and social safety in the area under martial law have stabilized.

Article 33. Curfew

1. A curfew order is issued in cases where the political security situation, public order, and social safety in one or more localities are developing in a complex manner, threatening serious instability.

2. The curfew order must clearly specify the curfew zone, the start and end times of the curfew, and the regulations that organizations, entities, and individuals within the curfew zone must comply with.

3. The curfew order is only effective for a period not exceeding 24 hours. During the curfew, apart from being restricted in movement, citizens' other lawful rights are protected by law.

4. The authority to issue curfew orders is defined as follows:

a) The Prime Minister issues curfew orders in one or more centrally governed cities or provinces;

b) The People's Committee of a centrally governed city or province issues curfew orders in one or more districts, towns, urban districts, or centrally governed cities within their jurisdiction;

c) The People's Committee of a district, town, urban district, or centrally governed city within a province issues curfew orders in one or more communes, wards, or towns within their jurisdiction.

Article 34. Tasks and powers of the National Defense and Security Council in wartime, emergency defense situations 1. Deciding to mobilize all forces and capabilities of the country to defend the nation.

2. Deciding on military measures and mobilizing the people's armed forces.

3. Deciding on measures to maintain political security stability, public order, and social safety for national defense purposes.

4. Directing judicial and diplomatic activities during wartime.

5. Fulfilling special tasks and powers when assigned by the National Assembly.

Article 35. Powers of the Minister of National Defense in wartime, emergency defense situations

Based on the decision declaring a state of war or issuing an emergency defense situation, a general mobilization order, or partial mobilization order, the Minister of National Defense has the authority to issue special orders to ensure combat readiness in areas with hostilities. Local government heads, agencies, and organizations in areas with hostilities must comply with these orders.

Article 36. Repeal of the declaration of a state of war, emergency defense situation; general mobilization or partial mobilization orders

1. When there is no longer a state of war or emergency defense situation, the National Assembly or the Standing Committee of the National Assembly decides to repeal the state of war, emergency defense situation, general mobilization, or partial mobilization.

2. Based on the Resolution of the National Assembly or the Standing Committee of the National Assembly, the President issues an order to repeal the previously announced order.

NATIONAL DEFENSE GUARANTEES

Chapter VII

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

1. Vietnamese citizens are the basic and main source of human resources for national defense.

2. The State has policies and plans to build and develop human resources in all aspects to ensure national defense tasks in peacetime and wartime.

2. The State has policies and plans to build and develop human resources in all aspects to ensure national defense tasks during peacetime and wartime.

Article 38. Ensuring Financial Resources for National Defense

1. The State ensures the budget to implement national defense tasks in accordance with the provisions of the State Budget Law.

2. Economic organizations ensure funds to implement national defense tasks in accordance with the Government's regulations.

3. The State encourages domestic organizations and individuals, as well as foreign organizations and individuals, to contribute assets to national defense on a voluntary basis, not contrary to the laws of Vietnam and international treaties to which the Socialist Republic of Vietnam is a member.

Article 39. Ensuring Assets for National Defense

1. Assets for national defense are state assets managed and ensured by the State uniformly.

2. Assets for national defense include:

a) Weapons, equipment, supplies, and materials serving national defense purposes;

b) Land used for national defense purposes in accordance with the law on land;

c) Assets managed by defense enterprises;

d) Means, equipment, and materials of the national economy created by agencies, organizations, and citizens that are mobilized and reserved by the State in the national defense mobilization plan;

đ) Textbooks, teaching materials, and research works on national defense and military affairs;

e) Technical means mobilized, purchased, or requisitioned to serve national defense in accordance with the law.

3. The State has plans to build national reserves to ensure national defense. Management and use of national reserves for national defense and other purposes shall be carried out in accordance with the law on national reserves.

4. All acts of using or occupying assets for national defense and national reserves for national defense in violation of the law are strictly prohibited.

Article 40. Ensuring Telecommunications and Propaganda Information for National Defense

1. The State has plans to ensure telecommunications and propaganda information for national defense.

2. The Posts and Telecommunications Ministry, the Ministry of Culture and Information, and mass media agencies within their respective duties and powers have the responsibility to coordinate with the Ministry of National Defense to assist the Government in building and implementing plans to ensure telecommunications and propaganda information for national defense during peacetime and wartime.

3. It is strictly prohibited to disseminate or transmit information about national defense outside assigned tasks.

Article 41. Ensuring Medical Services for National Defense

1. The State has plans to ensure medical services for national defense.

2. The Ministry of Health within its duties and powers has the responsibility to coordinate with the Ministry of National Defense to assist the Government in building and implementing plans to ensure medical services for national defense during peacetime and wartime.

Article 42. Ensuring Defense Works and Military Areas

1. The State plans and constructs defense works and military areas throughout the country.

2. Management and use of defense works and military areas shall be carried out in accordance with the law.

Article 43. Ensuring Transportation for National Defense

1. The State has plans to ensure transportation for national defense.

2. The Ministry of Transport within its duties and powers has the responsibility to coordinate with the Ministry of National Defense to assist the Government in building plans to ensure transportation for national defense during peacetime and wartime; organizing implementation of transportation assurance for national defense according to the Government's decision.

Chapter VIII

TASKS AND POWERS

OF AGENCIES AND ORGANIZATIONS ON NATIONAL DEFENSE

Article 44. Content of state management on national defense; tasks and powers of the Government on national defense

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

a) Building and organizing the implementation of plans to consolidate and strengthen the all-people national defense foundation, plans for national defense, and plans for national defense mobilization;

b) Issuing and organizing the implementation of legal normative documents on national defense;

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

d) Implementing national defense education; disseminating, popularizing, and educating laws on national defense;

đ) Inspecting, auditing, and resolving complaints and denunciations in the implementation of national defense tasks;

e) International cooperation on national defense.

2. The Government uniformly manages state affairs on national defense, implementing tasks and powers as prescribed by the Constitution and laws on national defense.

Article 45. Tasks and powers of the Ministry of National Defense

1. Being responsible before the Government for managing state affairs on national defense throughout the country; assisting the Government in drafting laws, ordinances, decrees, and guiding documents for the implementation of laws and ordinances on national defense.

2. Taking the lead and coordinating with ministries, ministerial-level agencies, and government agencies in building state planning and plans on national defense for submission to the Government's decision; building, managing, and commanding the People's Army and Self-Defense Forces in performing national defense tasks.

3. Directing, inspecting, checking, summarizing, and concluding the implementation of national defense work at ministries, ministerial-level agencies, government agencies, and localities according to this Law and other legal regulations.

Article 46. Tasks and powers of ministries, ministerial-level agencies, and government agencies on national defense

1. Within their respective tasks and powers, coordinating with the Ministry of National Defense to manage state affairs on national defense; issuing or submitting to competent authorities for issuance legal normative documents to implement national defense tasks as prescribed by law.

2. Organizing the implementation of state planning and plans on national defense during peacetime and wartime according to assigned tasks.

3. Implementing the close integration of national defense with the economy and the economy with national defense in building and implementing sectoral and field planning and plans.

4. Participating in building defensive areas according to the Government's directives and the Ministry of National Defense's guidance.

5. Implementing other tasks and powers on national defense as prescribed by law.

Article 47. Tasks and powers of People's Councils at all levels on national defense

1. Within their respective tasks and powers, People's Councils at all levels issue resolutions on measures to ensure the enforcement of laws and national defense tasks at the local level; deciding on budget revenue and expenditure to ensure local defense activities; deciding policies and measures to leverage local potential to build the all-people national defense foundation, build defensive areas, and build defense capabilities to meet peacetime and wartime requirements.

2. Based on the President's decree, deciding policies and measures to transition local socio-economic activities from peacetime to wartime.

3. Supervising the People's Committee at the same level and state agencies at the local level in implementing People's Council resolutions and legal normative documents on national defense.

4. Implementing other tasks and powers on national defense as prescribed by law.

Article 48. Duties and Authorities of People's Committees at All Levels on National Defense

1. Within their respective duties and authorities, People's Committees at all levels shall manage state affairs on national defense in their localities; issue normative legal documents within their authority to organize the implementation of national defense tasks according to the provisions of the law and the resolutions of the People's Councils at the same level regarding national defense tasks in their localities.

2. Direct and organize the construction of defense areas; build local armed forces, potential for national defense; implement national defense education; select and call up young people for military service, welcome and create conditions to resolve employment issues for discharged servicemen.

3. Organize and build forces and implement policies towards local troops, reserve forces, and self-defense militia; construct, manage, and protect national defense works and military zones; implement civil defense measures, rear support policies; provide logistical and financial support for people's armed forces operating in the locality to perform tasks during wartime or urgent situations concerning national defense and other tasks prescribed by law.

4. Submit to the People's Council at the same level the budget estimates for revenue and expenditure to ensure the operation of national defense in the locality; direct the organization to implement the resolutions of the People's Council on revenue and expenditure to ensure the operation of national defense in the locality.

5. Comply with and organize the implementation of orders and decisions of the President of the State, decisions and directives of the Prime Minister and higher-level People's Committees on national defense.

6. Coordinate with the Vietnam Fatherland Front and mass organizations in the implementation of their duties and authorities on national defense; create conditions for these organizations to effectively carry out national defense tasks in the locality.

7. The Chairpersons of People's Committees at all levels are responsible for the implementation of national defense duties and authorities at their respective levels, urge and inspect lower-level People's Committees to fulfill national defense tasks in the locality according to the provisions of the law.

Article 49. Responsibilities of the Vietnam Fatherland Front and Member Organizations on National Defense The Vietnam Fatherland Front and member organizations within their respective duties and authorities have the responsibility to publicize and mobilize the people to comply with the law on national defense; supervise the implementation of the law on national defense by agencies, organizations, and individuals.

The Vietnam Fatherland Front and its member organizations, within the scope of their duties and powers, are 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 IX

IMPLEMENTING PROVISIONS

Article 50. Effective Date

This Law shall take effect from January 1, 2006.

Article 51. Detailed Provisions and Guidance on Implementation

The Government shall promulgate detailed regulations and provide guidance on the implementation of this Law.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the eleventh session, seventh meeting, on June 14, 2005.