Decree No. 39/CP detailing and guiding the implementation of certain provisions of the Ordinance on the reserve mobilization force.

DECREE

Detailed regulations on guiding the implementation of certain provisions of the Ordinance on Reserve Mobilization Forces

reserve mobilization 

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Based on the Ordinance on the Reserve Force dated August 27, 1996;

At the proposal of the Minister of National Defense,

 DECREE:

Chapter 1:

||| ESTABLISHING PLANS FOR THE CONSTRUCTION AND MOBILIZATION OF RESERVE FORCES

MOBILIZATION

Article 1.- Ministries, ministerial-level agencies, agencies under the Government (hereinafter referred to collectively as ministries and sectors), provinces, centrally governed cities (hereinafter referred to collectively as provinces) that have the task of constructing and mobilizing reserve forces or ensuring logistical, technical equipment, and financial support for the construction and mobilization of reserve forces must establish plans for implementation. This plan is called the plan for the construction and mobilization of reserve forces.

Article 2.- The specific responsibilities of ministries and sectors, and of provinces in establishing plans for the construction and mobilization of reserve forces are stipulated as follows:

1. Ministry of National Defense:

a) Based on the need for reserve forces to be mobilized to supplement the regular forces of the military during wartime, the Ministry of National Defense, together with the Ministry of Planning and Investment, shall establish the state plan for the construction and mobilization of reserve forces and the tasks of ensuring logistical, technical equipment, and financial support for the construction and mobilization of reserve forces throughout the country and allocate targets to ministries and sectors, provinces for submission to the Prime Minister for decision.

b) Based on the Prime Minister's decision, the Ministry of National Defense shall participate in providing opinions with ministries, sectors, and provinces in establishing plans for the construction and mobilization of reserve forces.

c) Each year, the Ministry of National Defense shall establish plans for training, exercises, and inspections of reserve forces, to be submitted to the Prime Minister for decision.

d) The Ministry of National Defense, together with the Ministry of Planning and Investment, shall guide the establishment of the plans mentioned in Article 3 and Article 4 of this Decree.

đ) The Ministry of National Defense shall direct the regular units of the military to establish plans for the construction and mobilization of reserve forces.

2. The Ministry of Finance shall be responsible for guiding the systems and policies and financial mechanisms to ensure the construction and mobilization of reserve forces.

3. Other ministries and sectors shall be responsible for establishing plans to ensure those parts related to the construction and mobilization of reserve forces.

4. Provincial People's Committees and ministries and sectors that have the task of constructing and mobilizing reserve forces or ensuring the construction and mobilization of reserve forces, in addition to establishing their own plans, must also direct subordinate levels under their authority to establish plans for the construction and mobilization of reserve forces.

Article 3.- The plan for constructing reserve forces includes the following contents:

1. Organizing reserve units;

2. Managing reserve units;

3. Training, exercising, inspecting reserve units; training reserve officers, professional soldiers, non-commissioned officers, and reserve soldiers;

4. Ensuring weapons, logistical, technical equipment, and finance for the construction of reserve units;

5. Party work and political work in the construction of reserve units;

Article 4.- The plan for mobilizing reserve forces includes the following contents:

1. Announcing decisions to mobilize, mobilization orders;

2. Concentrating, transporting, and transferring reserve units;

3. Ensuring weapons, technical equipment, logistics, and finance for the mobilization of reserve units;

4. Protecting during the mobilization of reserve units;

5. Party work and political work during the mobilization of reserve units;

6. Commanding and directing the mobilization of reserve forces.

Article 5.- Each year, each level must review the contents of the plan for the construction and mobilization of reserve forces to supplement or adjust as appropriate.

In case there are significant changes in the tasks of constructing and mobilizing reserve forces, a new plan must be established. The plan for the construction and mobilization of reserve forces of districts, urban districts, provincial towns (hereinafter referred to collectively as districts) shall be approved by the province; the plan of grassroots units under ministries and sectors shall be approved by the Minister or Head of the sector; the plan of military units shall be approved by the immediate superior.

Chapter 2:

ARRANGING RESERVE PERSONNEL AND TECHNICAL MEANS INTO RESERVE UNITS

INTO RESERVE MOBILIZATION UNITS

Article 6.- Principles for arranging reserve personnel into reserve units:

1. Arrange personnel with professional military qualifications and technical expertise suitable for the positions in the establishment, if insufficient, arrange personnel with corresponding professional military qualifications and technical expertise;

2. Arrange first-class reserve civilians before, if insufficient, arrange second-class reserve personnel;

3. Arrange reserve personnel residing near each other into units.

Article 7.- The arrangement of reserve officers into reserve units shall be carried out in accordance with the Law on Officers of the Vietnam People's Army and other relevant legal documents.

Article 8.- The arrangement of professional soldiers, non-commissioned officers, and reserve soldiers into reserve units is stipulated as follows:

1. Arranging into combat units male reserve personnel group A and some reserve personnel with technical expertise group B;

2. Arranging into combat support units under corps, arms, and local forces male reserve personnel group A, group B (mainly group A) and some female reserve personnel group A at suitable positions;

3. Arranging into logistical and technical units under the Ministry of National Defense, military regions, corps, corps, arms, and provincial military command male reserve personnel group A, group B (mainly group B) and some female reserve personnel group A at suitable positions;

4. Arranging into local military offices, military region offices, corps, arms, and Ministry of National Defense offices and schools male reserve personnel group B and some female reserve personnel at suitable positions.

5. Arranging into specialized reserve units organized by ministries, sectors, and provinces male reserve personnel group A, group B and some female reserve personnel at suitable positions.

Article 9.- Technical equipment assigned to reserve mobilization units must have performance capabilities and technical standards suitable for the requirements of use in the establishment of each military unit. In cases where there is no technical equipment meeting the usage requirements, corresponding technical equipment may be assigned.

Article 10.- Reserve personnel and technical equipment assigned to reserve mobilization units must have appropriate backup ratios according to the guidelines of the Ministry of National Defense.

Article 11.- The responsibility for assigning reserve personnel and technical equipment to reserve mobilization units is as follows:

1. The People's Committee of the district assigns reserve personnel and technical equipment to local militia units, main force units, and specialized reserve units under its organization and construction. The People's Committee of the province directs the district People's Committees to carry out these tasks and assign reserve officers within their authority.

2. Ministries and sectors tasked with building specialized reserve units direct subordinate units to assign reserve personnel and technical equipment to reserve mobilization units and notify military agencies at the county level where reserve personnel and technical equipment have been registered.

3. Regular units of the military coordinate with county and provincial military agencies in the assignment of reserve personnel and technical equipment to reserve mobilization units that they receive.

Chapter 3:

ANNOUNCEMENT OF THE DECISION TO ISSUE THE ORDER TO MOBILIZE RESERVE FORCES; CONCENTRATION, TRANSPORTATION, HANDOVER OF RESERVE FORCES

RESERVE MOBILIZATION QUANTITY; CONCENTRATION, TRANSPORTATION, HANDOVER

RECEIPT AND HANDOVER OF RESERVE MOBILIZATION FORCES

Article 12.- Decisions to mobilize and orders to mobilize reserve forces must be announced on time, accurately, and confidentially. Announcements are conducted simultaneously through the administrative system from central to grassroots levels and from the Ministry of National Defense to military agencies at all levels and regular units of the military.

Article 13.- Responsibilities for announcing decisions to mobilize and orders to mobilize reserve forces are stipulated as follows:

The Government Office announces the Prime Minister's decision to mobilize to ministries, sectors, and provincial People's Committees.

The Ministry of National Defense announces the Minister of National Defense's mobilization order to units of reserve forces to ministries, sectors, provincial People's Committees, subordinate units directly, and directs the announcement of the mobilization order to local military agencies and grassroots military units.

Ministries and sectors announce the decision to mobilize reserve forces by the Minister or sector head to subordinate units directly and direct the announcement of the mobilization decision to grassroots units.

Provincial People's Committees announce the Chairman of the Provincial People's Committee's decision to mobilize reserve forces to district People's Committees and relevant provincial departments, committees, and associations. The provincial military agency announces the mobilization order of the provincial military commander and the call-up order for reserve officers to join the military from higher authorities to district military agencies.

District People's Committees announce the Chairman of the District People's Committee's decision to mobilize reserve forces to village People's Committees, townships, towns, and relevant departments, committees, and associations of the district and political, economic, social organizations responsible for mobilizing reserve forces. The district military agency announces the Chairman of the District People's Committee's decision to mobilize technical equipment, the call-up order for reserve officers to join the military from higher authorities, and the call-up order for reserve non-commissioned officers and soldiers to join the military from the district military commander to village People's Committees and political, economic, and social organizations of the district.

Village People's Committees and political, economic, and social organizations are responsible for transferring the decision to mobilize technical equipment by the Chairman of the District People's Committee to each owner of technical equipment and transferring the call-up order from higher authorities to each reserve personnel.

Local military agencies and regular units of the military responsible for receiving and handing over reserve forces must inform each other.

Article 14.- The deadline for completing the announcement of the decision to mobilize and the mobilization order is determined in the mobilization plan for reserve forces at each level that has been approved.

Article 15.- Concentration, transportation, and handover of reserve forces must ensure sufficient quantity, correct quality, timely delivery, and accurate location as specified in the mobilization decision or order, and must ensure safety.

Article 16.- Responsibilities for concentration, transportation, and handover of reserve forces are stipulated as follows:

1. Village People's Committees concentrate reserve personnel called up for mobilization from their locality and transfer them to the district concentration station for handover. Organizations and individuals with mobilized technical equipment must deliver the technical equipment to the district concentration station for handover.

2. District People's Committees concentrate and transport mobilized reserve personnel and technical equipment to the designated location for handover to regular units of the military. For specialized reserve units built by the locality, the concentration, transportation, and handover are the responsibility of the provincial People's Committee to implement.

3. Grassroots units of ministries and sectors are responsible for concentrating and transporting mobilized reserve personnel and technical equipment to the designated location for handover to regular units of the military.

4. Regular units of the military are responsible for receiving mobilized reserve personnel and technical equipment handed over.

5. Localities and military units are responsible for ensuring safety during the concentration, transportation, and handover of reserve forces.

Article 17.- The Minister of National Defense provides detailed guidance on announcing the decision to mobilize and the mobilization order, concentration, transportation, and handover of reserve forces.

Chapter 4:

MUSTERING PERSONNEL AND MEANS TO SERVE CONSTRUCTION

AND MOBILIZATION OF RESERVE MOBILIZATION FORCES

Article 18.- Human resources and equipment mobilized to serve the construction and mobilization of reserve forces as prescribed in Clause 5, Article 14 and Clause 2, Article 19 of the Ordinance shall be used for the following tasks:

1. Serving the training, exercise, and inspection of reserve mobilization units during peacetime;

2. Notify the mobilization decision, mobilization order for reserve forces;

3. Serve the concentration training sessions for local reservists and technical equipment;

4. Transport reserve forces to handover locations;

5. Transport weapons, equipment, materials... to ensure for local military units to receive reserve forces;

6. Serve the mobilized reserve forces units as provided for in Clause 2, Article 18 of the Ordinance;

7. Other tasks related to the construction and mobilization of reserve forces;

Article 19.- The means mobilized to serve the construction and mobilization of reserve forces include communication means, transportation means, and other necessary means;

The owners of mobilized means must hand over both the means and their users (if any);

Article 20.- The Chairpersons of People's Committees at all levels must develop plans to mobilize human resources and means to serve the construction and mobilization of local reserve forces. The plan of the Chairman of the People's Committee of a commune shall be approved by the Chairman of the People's Committee of a district, and the plan of the Chairman of the People's Committee of a district shall be approved by the Chairman of the People's Committee of a province;

Article 21.- Mobilization authority:

1. The Chairperson of the People's Committee of a province and the Chairperson of the People's Committee of a district have the right to mobilize human resources and means of organizations and individuals within their locality, with each mobilization period not exceeding seven days;

2. The Chairperson of the People's Committee of a commune has the right to mobilize human resources and means of organizations and individuals within their locality, with each mobilization period not exceeding three days;

3. In cases where it is necessary to mobilize human resources and means outside the approved plan, the Chairperson of the People's Committee of a district and the Chairperson of the People's Committee of a commune must seek permission from their direct superiors and can only mobilize when such permission is granted;

Chapter 5:

POLICY REGIME AND FINANCIAL GUARANTEE FOR THE CONSTRUCTION

AND MOBILIZATION OF RESERVE FORCES

MOBILIZATION

Article 22.- The Minister of National Defense shall stipulate that reserve personnel holding command positions in reserve mobilization units with organizational scales equivalent to platoons to regiments shall enjoy the management unit responsibility allowance as provided for in Article 25 of the Ordinance;

This allowance shall only be implemented for those who have been appointed to positions according to regulations and during the time they hold these positions;

Article 23.- During the concentrated training, exercises, readiness inspection for mobilization, and combat readiness, reserve personnel shall enjoy the following policy regime:

1. Regarding salary and allowances:

a) Reserve personnel currently receiving salaries from the state budget shall be paid their full salary and allowances, subsidies, welfare benefits, travel allowances, and transportation costs according to the current regulations for workers and officials on business trips. The entity paying the salary shall be responsible for the source of funding.

b) Reserve personnel belonging to other categories shall receive an allowance equal to the salary level corresponding to their rank as officers, non-commissioned officers, or the allowance level corresponding to their rank as lower-ranking non-commissioned officers or privates; they shall also receive transportation costs and travel allowances as for active-duty personnel.

2. They may borrow uniforms, borrow or be issued some living necessities, and be provided meals according to the current regulations for active-duty officers, non-commissioned officers, and privates;

3. Families of reserve officers who have previously served active duty, families of reserve non-commissioned officers, and families of reserve privates who have previously served active duty shall receive the following assistance:

a) If reserve personnel do not receive a salary or wage, their families shall receive a daily subsidy at a rate of 0.1 times the minimum wage;

b) If reserve personnel are currently receiving a salary or wage, their families shall receive a daily subsidy at a rate of 0.05 times the minimum wage;

4. Reserve personnel required to perform public service labor duties shall have their concentrated training time deducted from their public service labor duty time. If the concentrated training time exceeds their public service labor duty time, the excess shall be deducted from subsequent years;

5. Reserve personnel working in agencies and units who are on annual leave and are called for concentrated training shall continue their leave after the training or take leave at a suitable time. If the concentrated training coincides with the time for promotion exams, mid-term exams, or final exams for part-time vocational courses and there is certification from their workplace or educational institution, the reserve personnel shall be allowed to postpone the training session;

6. If reserve personnel are injured, sick, or die while participating in social insurance and health insurance, they shall receive social insurance and health insurance benefits according to current regulations. If reserve personnel have not participated in social insurance and health insurance, the State shall provide assistance. If reserve personnel are injured or killed and recognized as war invalids or martyrs, they and their families shall receive preferential policies for persons with meritorious service according to current regulations. The Ministry of Labor, Invalids and Social Affairs, the Ministry of Finance, the Ministry of Health, and the Ministry of National Defense shall guide the implementation of these policies;

7. Reserve personnel with achievements shall be considered for awards according to current regulations and their achievements shall be counted towards their unit's competition records;

Article 24.- Reserve personnel mobilized as provided for in Clause 2, Article 18 of the Ordinance shall enjoy a policy regime similar to that of active-duty military personnel during their mission period, and additionally receive a combat allowance equivalent to the allowance for active-duty personnel on regular combat readiness duty. The Ministry of National Defense shall guide the implementation of these policies;

Article 25.- Those mobilized to serve training, exercises, readiness inspections for mobilization, and combat readiness, and those mobilized to serve the mobilization of reserve forces as provided for in Clause 2, Article 18 of the Ordinance shall enjoy the policy regime for those mobilized to perform emergency public service labor duties.

Article 26.- Equipment directly mobilized to participate in training, drills, readiness inspection for mobilization and combat readiness; equipment mobilized as prescribed in Clause 2 of Article 18 of the Ordinance, and equipment mobilized to serve the aforementioned tasks shall have their owners compensated by the State for repair costs (if the equipment is damaged), indemnified for losses (if the equipment is lost), and reimbursed for part of the value of benefits generated by the equipment during the mobilization period. The settlement of these expenses shall be guided by the Ministry of Finance and the Ministry of National Defense.

ADMINISTRATIVE VIOLATIONS IN COMPETITIONS - PERFORMANCES, FORMS AND AMOUNTS OF FINES EXPENSES FOR THE CONSTRUCTION AND MOBILIZATION OF RESERVE FORCES

RESERVE FORCES MOBILIZATION

Article 27.- The central state budget allocated to the Ministry of National Defense for the construction and mobilization of reserve forces includes the following tasks:

1. Training, drills, and inspection of reserve forces under the main force troops;

2. Construction and provision of equipment for unit command posts, reception stations for reserve military personnel, technical equipment reception stations, and camps ensuring concentrated training for reserve forces under the main force troops;

3. Reserve of technical equipment and logistical materials for reserve forces under the main force troops;

4. Compensation for damage to equipment and other costs incurred by military units for direct training and combat readiness inspections during peacetime;

5. Mobilization, purchase, and requisition of additional technical equipment for the military;

6. Reserve of military equipment for the entire reserve forces nationwide;

7. Payment of allowances for managing reserve units as stipulated in Article 25 of the Ordinance;

8. Mobilization training, printing of books and forms, and provision of material equipment to support the construction and mobilization of reserve forces;

9. Other related expenditures.

Article 28.- The central state budget allocated to Ministries and sectors for the construction and mobilization of reserve forces includes the following tasks:

1. Organization and management of reserve units according to assigned targets;

2. Payment of salaries and allowances for reserve military personnel as prescribed in Clause 1a of Article 23 of this Decree;

3. Training, drills, and inspection of specialized reserve units tasked with construction;

4. Mobilization and transfer of reserve units to the standing forces of the military;

5. Reserve of specialized technical equipment according to targets set by the Government;

6. Mobilization training, printing of books and forms, and provision of material equipment to support the construction and mobilization of reserve forces;

7. Other related expenditures.

Article 29.- The provincial budget allocated for the construction and mobilization of reserve forces includes the following tasks:

1. Training, drills, and inspection of reserve forces under local troops;

2. Payment of salaries and allowances for reserve military personnel as prescribed in Clause 1a of Article 23 of this Decree;

3. Construction and provision of equipment for command posts and camps ensuring training for reserve forces under local troops in the province;

4. Reserve of logistical and technical materials for reserve forces under local troops in the province;

5. Compensation for damage to equipment and other costs incurred by People's Committees at all levels for mobilization to serve training, drills, and combat readiness inspections during peacetime;

6. Mobilization and transfer of reserve units to the standing forces of the military;

7. Mobilization of reserve forces as prescribed in Clause 2 of Article 18 of the Ordinance;

8. Subsidies for families of reserve military personnel participating in training, drills, and readiness inspections for mobilization and combat;

9. Implementation of policies for personnel mobilized by the province as stipulated in Clause 5 of Article 14 of the Ordinance;

10. Mobilization training, printing of books and forms, and provision of material equipment for the construction and mobilization of reserve forces;

11. Other related expenditures.

Article 30.- The district budget for tasks related to building and mobilizing reserve forces includes the following works:

1. Registering, managing reserve military personnel, technical equipment, and managing local reserve mobilization units;

2. Payment of salaries and allowances for reserve military personnel as prescribed in Clause 1a of Article 23 of this Decree;

3. Building and equipping facilities for command posts, reserve military personnel concentration stations, technical equipment concentration stations, and training camps ensuring the training of reserve forces under the district local troops;

4. Stockpiling material resources to ensure logistics and technical support for reserve forces under the district local troops;

5. Implementing policies and benefits for human resources mobilized by the district and commune as stipulated in Clause 5, Article 14 of the Ordinance;

6. Allocating funds for other related works.

Chapter 6:

IMPLEMENTING PROVISIONS

Article 31.- This Decree takes effect ten years from the date of signature. Previous regulations that conflict with this Decree are hereby abolished.

Article 32.- The Ministry of National Defense shall coordinate with relevant ministries and sectors to guide the implementation of this Decree.

Article 33.- Ministers, Heads of ministerial-level agencies, and Heads of government-affiliated agencies, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.