Ordinance No. 45-L/CTN On Self-Defense Militia

ORDINANCE

Number 45-L/ of the President on the People's Militia and Self-Defense Forces

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To build a strong People's Militia and Self-Defense Forces, contributing to consolidating and enhancing national defense, maintaining political security, and social order and safety;

To enhance the effectiveness of state management, raise the responsibility of state agencies, economic organizations, social organizations, people's armed forces units, and all citizens in building the People's Militia and Self-Defense Forces;

Pursuant to Article 46 and Article 91 of the Constitution of the Socialist Republic of Vietnam in 1992;

Pursuant to the Resolutions of the National Assembly, Session 6 and Session 8 of the Ninth Term regarding the legislative program;

This Ordinance stipulates the self-defence militia.

Chapter 1:

GENERAL PROVISIONS

Article 1

The People's Militia and Self-Defense Forces are mass armed forces that do not separate from production or work, forming part of the people's armed forces of the Socialist Republic of Vietnam under the leadership of the Communist Party of Vietnam, the management and operation of the Government and People's Committees, and the direct command and control of military authorities at various levels; they are one of the main tools for protecting the Party, protecting the Government, safeguarding the lives and property of the people, and the property of the State at the grassroots level.

This force is organized at communes, wards, towns called the People's Militia; it is organized in state agencies, administrative and service units, economic organizations, and political-social organizations called Self-Defense Forces.

Article 2

Vietnamese citizens, regardless of ethnicity, religion, social stratum, educational level, profession, males aged from 18 to 45 years old, females aged from 18 to 40 years old, in good health, have the duty to participate in the People's Militia and Self-Defense Forces.

Article 3

Citizens within the age range stipulated in Article 2 of this Ordinance must be registered for management and selection into the People's Militia and Self-Defense Forces annually. The registration and selection procedures are regulated by the Government.

Article 4

The term of participation in the People's Militia and Self-Defense Forces is four years; for the Self-Defense Forces, based on the requirements of the locality, the term may extend until the age limit specified in Article 2 of this Ordinance.

Upon completion of the service period, citizens participating in the People's Militia and Self-Defense Forces who have fulfilled their duties will receive a certificate and be transferred to the local registry for management and readiness to undertake tasks when needed.

Article 5

State agencies, the Vietnam Fatherland Front and its member organizations, economic organizations, social organizations, people's armed forces units, and all citizens have the responsibility to build the People's Militia and Self-Defense Forces.

Article 6

1- Communes, wards, towns, state agencies, administrative and service units, state-owned enterprises, and political-social organizations must organize the People's Militia and Self-Defense Forces to protect their localities and bases.

2- The organization of Self-Defense Forces in enterprises belonging to other economic sectors shall be regulated by the Government.

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

The People's Militia and Self-Defense Forces have the following tasks:

1- To be ready to fight and engage in combat to eliminate and deplete enemy forces, serving as the backbone of the entire people's resistance movement, protecting localities and bases;

2- To cooperate with the police, Border Guard, regular troops, and people's organizations to maintain territorial sovereignty, political security, and social order and safety; to protect defense works, weapons and technical equipment warehouses, to detect and confiscate illegal military weapons and equipment in localities; to participate in building strong and comprehensive bases;

3- To reinforce the army, to coordinate with the army in combat and support operations;

4- To set an example in complying with and mobilizing the people to implement the policies, guidelines, and laws of the Party and the State; to take the lead in labor production, protect production, prevent and mitigate the consequences of natural disasters, enemy threats, and serious accidents.

Article 8

Cadres and soldiers of the People's Militia and Self-Defense Forces must strictly comply with the regulations and rules of the State and the Ministry of Defense concerning the People's Militia and Self-Defense Forces; when performing tasks, they must wear militia and self-defense insignia.

Article 9

It is strictly prohibited to organize and use the People's Militia and Self-Defense Forces contrary to the provisions of this Ordinance.

Chapter 2:

ORGANIZATION, STAFFING, EQUIPMENT, TRAINING, AND ACTIVITIES OF THE PEOPLE'S MILITIA AND SELF-DEFENSE FORCES

Section 1: ORGANIZATION, STAFFING, EQUIPMENT

Article 10

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

Article 11

1- The organization of the People's Militia and Self-Defense Force includes: the core force being combat forces; the broad force being support combat forces, which also serve as combat forces when necessary.

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

Article 12

Those reserve military personnel who have been assigned to mobilization reserve units shall not be included in the staffing of the People's Militia and Self-Defense Force.

Article 13

1- The Military Command of communes, wards, towns, and state-owned enterprises shall consist of a commander, a political commissar, and a deputy commander, responsible for advising the People's Committee and enterprise director on defense work, directly commanding and directing the People's Militia and Self-Defense Force in construction and operation.

2- For communes, wards, and towns: the commander is a member of the People's Committee responsible for defense work; the political commissar is a concurrently appointed cadre; the deputy commander is a full-time or part-time cadre as prescribed by the Government.

For state-owned enterprises, the commander, political commissar, and deputy commander shall be assigned by the enterprise director and reported to the local military authority. For enterprises with multiple bases across different areas, additional full-time or concurrently appointed cadres shall be assigned to assist the commanders in self-defense work.

3- For state agencies, administrative and service units, and political-social organizations, the heads of these agencies shall be responsible for directing and assigning personnel to command the self-defense forces of their respective agencies and reporting the list to the local military authority.

Article 14

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

Section 2: POLITICAL EDUCATION AND MILITARY TRAINING

Article 15

Annually, cadres and soldiers of the People's Militia and Self-Defense Force shall study politics and undergo military training according to the content program prescribed by the Ministry of National Defense. The time allocated for political studies and military training shall be set as targets and incorporated into the annual plans of localities, state agencies, administrative and service units, and political-social organizations, and enterprises.

Article 16

1- The concentrated time for annual political studies and military training for cadres and soldiers of the People's Militia and Self-Defense Force shall be stipulated as follows:

Local forces from 5 to 7 days;

Mobile forces and combat arms forces for 7 days;

Units on permanent readiness for combat for 10 days; Military commanders of communes, wards, and towns, and full-time self-defense cadres of state-owned enterprises for 10 to 15 days;

Commanders of self-defense forces in state agencies, administrative and service units, and political-social organizations for 5 days.

2- In case of necessity or during war, the training time for the above subjects may be extended as prescribed by the Government.

Section 3: COMBAT ACTIVITIES OF THE FORCES

 PEOPLE'S MILITIA AND SELF-DEFENSE FORCE

Article 17

The activities of the People's Militia and Self-Defense Force in preparing for combat, engaging in combat, and safeguarding political security and social order and safety shall be under the leadership of the Party's Central Committee, management and direction by the Chairman of the People's Committee, and direct command by the local Military Command and higher-level military authorities.

Article 18

The Military Commands of communes, wards, and towns, state-owned enterprises, heads of state agencies, administrative and service units, and political-social organizations must have combat plans that must be directly approved by the county, district, town, and provincial city military authorities. The establishment and approval of combat plans for self-defense forces of enterprises belonging to other economic sectors shall be regulated by the Ministry of National Defense.

Article 19

The Chairmen of the People's Committees of communes, wards, and towns, heads of state agencies, administrative and service units, directors of state-owned enterprises, and leaders of political-social organizations must implement plans to ensure training and combat readiness of the People's Militia and Self-Defense Force to meet the requirements of tasks in all situations.

Article 20

When there is an order from a competent military commander to mobilize the People's Militia and Self-Defense Force for combat duties, combat support, and safeguarding political security and social order and safety outside the province, centrally governed municipality, district, town, and provincial city, then the Chairmen of the People's Committees, heads of state agencies, administrative and service units, leaders of political-social organizations, and enterprise directors must strictly comply.

Article 21

In key border, coastal, island, and inland areas requiring high combat readiness, the organization of rotating standing combat forces of the People's Militia and Self-Defense Force shall be prescribed by the Ministry of National Defense.

Chapter 3:

STATE MANAGEMENT OF THE PEOPLE'S MILITIA AND SELF-DEFENSE FORCE

Article 22

The content of state management over the People's Militia and Self-Defense Force includes:

1- Organizing the construction and directing the activities of the People's Militia and Self-Defense Force;

2- Issuing and guiding the implementation of legal documents on the People's Militia and Self-Defense Force;

3- Prescribing systems and policies for the People's Militia and Self-Defense Force; 4- Inspecting and auditing the enforcement of laws on the People's Militia and Self-Defense Force;

5- Summarizing and concluding militia and self-defense work.

Article 23

1- The Government shall uniformly manage state affairs concerning the People's Militia and Self-Defense Force throughout the country.

2- The Ministry of National Defense shall assist the Government in managing state affairs concerning the organization, construction, and activities of the People's Militia and Self-Defense Force; guiding, directing, urging, and inspecting the implementation by ministries, ministerial-level agencies, government-affiliated agencies, people's committees at all levels, economic organizations, and political-social organizations in organizing, constructing, and operating the People's Militia and Self-Defense Force. The Commander of Military Regions shall assist the Ministry of National Defense in directly directing, guiding, and inspecting the implementation of militia and self-defense work in provinces and centrally governed municipalities within their regions.

3. Ministries, agencies equivalent to ministries, and government agencies within their respective scope, tasks, and authorities shall be responsible for coordinating with the Ministry of National Defense to implement state management over the organization, construction, and activities of the People's Militia and Self-Defense Force; monitor and urge subordinate units in their sectors to build self-defense forces according to the local military command's plan; resolve issues related to the organization, construction, and activities of the People's Militia and Self-Defense Force.

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

People's Committees at all levels shall implement state management over the organization, construction, and activities of the People's Militia and Self-Defense Force within their respective localities, direct relevant sectors and military agencies under their jurisdiction to carry out tasks related to the organization, construction, training, and activities of the People's Militia and Self-Defense Force according to orders from higher-level military agencies; implement policies and regulations concerning the People's Militia and Self-Defense Force.

Local military agencies shall coordinate with relevant agencies, assist the same-level People's Committee in implementing state management over the organization, construction, and activities of the People's Militia and Self-Defense Force.

The commanders of military agencies at provincial, district, and grassroots levels shall be responsible to higher-level military agencies and their own level of authority for directing and commanding the People's Militia and Self-Defense Force in organizational, construction, and operational matters.

Article 25

The Vietnam Fatherland Front and its member organizations, economic organizations, and social organizations at various levels shall be responsible for educating and mobilizing members and affiliates to join the People's Militia and Self-Defense Force and supervise the implementation of state management over the organization, construction, and activities of the People's Militia and Self-Defense Force according to this Ordinance.

Chapter 4:

POLICY AND SUPPORT REGIME FOR THE CIVILIAN MILITIA FORCES

Article 26

1. The full-time deputy commander of the commune, ward, town military command shall receive a monthly allowance equal to the level of allowance for other professional positions and other positions within the People's Committee; the part-time deputy commander shall receive a monthly allowance equal to half the level of allowance for the full-time deputy commander.

2. Cadres and soldiers of the People's Militia and Self-Defense Force during their time participating in the People's Militia and Self-Defense Force shall be exempted from annual public service duties.

3. Cadres and soldiers of the People's Militia and Self-Defense Force during their time performing military training, standing combat readiness, combat, support for combat, disaster prevention, enemy threats, and other serious incidents shall enjoy the following benefits:

a) Militia members shall receive a sum of money equivalent to the value of a day's labor in their locality; Self-Defense Force members shall receive their full salary and other allowances (if applicable).

b) In cases of accidents, illness, or death, they shall receive social insurance benefits as provided for civil servants and employees of state agencies. For Self-Defense Force members, these benefits shall be covered by the social insurance fund; for Militia members, they shall be covered by the local budget.

c) When injured or killed while on duty in combat, supporting combat, maintaining political security, social order, and safety, courageously rescuing people and property of the State and the people, both the individual and their family shall receive preferential policies and benefits according to the law.

4. When grassroots military commanders attend training at the provincial military school, their families shall receive a subsidy of 0.1 times the minimum monthly salary for each day.

Article 27

1. Annual funding for the construction and operation of the People's Militia shall be guaranteed from the following sources:

a) The state budget allocated to the local defense budget;

b) The local budget, including the commune, ward, and town budgets. 2. Annual funding for the construction and operation of the Self-Defense Force in state agencies, administrative and public service units, and political-social organizations shall be guaranteed by the state budget.

3. Funding for the construction and operation of the Self-Defense Force in enterprises shall be guaranteed by the enterprises themselves and included in production management costs.

Article 28

Based on the resolution of the People's Council, the People's Committee shall cooperate with the same-level Vietnam Fatherland Front, mobilize mass organizations, economic organizations, social organizations, and the people to contribute according to their capacity and appropriate forms to establish a local defense and security fund. The Chairperson of the People's Committee at all levels shall be responsible for strictly managing the use of this fund.

State agencies, administrative and public service units, political-social organizations, and enterprises shall mobilize cadres, workers, and staff to contribute to the fund to support the construction and operation of the Self-Defense Force in their units.

Chapter 5:

REWARD AND VIOLATION HANDLING

Article 29

Organizations and individuals who have achievements in organizing, constructing, and operating the People's Militia and Self-Defense Force shall be rewarded according to the general reward system of the State.

Article 30.

Those who evade, obstruct, or oppose the organization, construction, and operation of the People's Militia and Self-Defense Force shall be subject to administrative penalties or criminal prosecution according to the law depending on the nature and severity of the violation.

Article 31

Those who abuse their positions or powers to organize or use the People's Militia and Self-Defense Force contrary to this Ordinance shall be subject to administrative penalties or criminal prosecution according to the law depending on the nature and severity of the violation.

Chapter 6:

IMPLEMENTING PROVISIONS

Article 32

This Ordinance shall take effect from the date of publication. Previous provisions that conflict with this Ordinance shall be abolished.

Article 33

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