Decree No. 46/2000/ND-CP Amending and Supplementing Certain Provisions of Decree No. 35/CP dated June 14, 1996 of the Government on Detailed Regulations for the Implementation of the Ordinance on Militia and Self-Defense Forces

DECREE OF THE GOVERNMENT

Amending and supplementing some articles of Decree No. 35/CP dated June 14, 1996 of the Government on detailed regulations for the implementation of the Ordinance on Self-Defense Militia

provides detailed regulations on the implementation of the Ordinance on Civil Defense.

THE GOVERNMENT

WHEREAS EDUCATIONEducation LawBased on the Minerals Law dated March 20, 1996

Pursuant to the Ordinance on Self-Defense Militia dated January 9, 1996;

At the proposal of the Ministry Ministry of Science and Technology Countries room,

DECREE:

Article 1Amending and supplementing some articles of Decree No. 35/CP dated June 14, 1996 of the Government on detailed regulations for the implementation of the Ordinance on Self-Defense Militia as follows:

1. Article 5 shall be amended and supplemented as follows:

Article 5.

1. Personnel of the Military Command Board of communes, wards, towns and self-defense militia commanders of state administrative agencies, public service units, economic, political, and social organizations (hereinafter referred to collectively as agencies and organizations) must be individuals with good political qualities, morality, sense of responsibility, having undergone training and challenges in labor, production, and work, capable of assisting the Chairman of the People's Committee of communes, wards, towns, directors of enterprises, heads of agencies and organizations in directing the implementation of national defense work; directly commanding training, activities, organization building, and management of self-defense militia forces.

2. The Military Command Board of communes, wards, towns shall be assigned a Deputy Commander-in-Chief responsible for specific duties.

3. The Commander-in-Chief of the Military Command Board of communes, wards, towns shall be approved by the Chairman of the People's Committee of districts, cities under provinces (collectively referred to as district level); the Deputy Commander-in-Chief of the Military Command Board of communes, wards, towns shall be appointed by the Chairman of the People's Committee of communes, wards, towns after reaching consensus with the Commander-in-Chief of the Military Command Board at the district level.

2. Supplement Clause 3 of Article 8 as follows:

"3. The authority to mobilize self-defense militia forces for combat tasks, support combat operations, protect political security, social order, and safety, prevent, mitigate the consequences of natural disasters, and other serious incidents (except in cases of mobilization according to laws on emergency situations) is defined as follows:

Direct and guide related defense units to prepare human resources, means, techniques, and equipment to coordinate with localities to properly implement fireworks displays according to regulations on type, quantity, number of display points, time, and duration, and settle accounts with each locality that organizes fireworks displays. The Minister of National Defense has the authority to mobilize self-defense militia forces from one military region to another for tasks.

b) The Commander of a Military Region has the authority to mobilize self-defense militia forces within the region for tasks and subsequently report to the Chairman of the People's Committee of provinces directly under the Central Government that are involved. The Commander of the Navy has the authority to mobilize coastal guard units managed by the Navy General Staff, and subsequently report to the head of the relevant ministry or sector.

c) The Commander-in-Chief of the MilitaryCommand of provinces directly under the Central Government (collectively referred to as provinces) has the authority to mobilize self-defense militia forces within the province for tasks, after obtaining the agreement of the Chairman of the People's Committee of the province and the Commander of the Military Region.

d) The Commander-in-Chief of the Military Command Board at the district level has the authority to mobilize self-defense militia forces within the district for tasks, after obtaining the agreement of the Chairman of the People's Committee of the district and the Commander-in-Chief of the Military Command of the province.

đ) The Commander-in-Chief of the Military Command Board of communes, wards, towns (collectively referred to as communes) has the authority to mobilize self-defense militia forces for tasks within the commune after obtaining the agreement of the Chairman of the People's Committee of the commune.

3. Article 10 is amended and supplemented as follows:

"Article 10.

1. The Deputy Commander-in-Chief of the Military Command Board of communes, wards, towns shall enjoy monthly living allowances equivalent to those of other positions within the People's Committee at the commune level, as stipulated in Clause 5 of Article 3 of Decree No. 09/1998/NĐ-CP dated January 23, 1998 of the Government and current government regulations applicable to commune-level cadres.

2. Personnel of the Military Command Board of communes, wards, towns attending military training at provincial military schools shall have their families provided with daily subsistence allowance equal to 0.1 times the minimum wage prescribed by the Government for each day of training.

4. Article 11 shall be amended and supplemented as follows:

A. Clause 1, Article 11:

"1. Personnel (excluding the Military Command Board of communes, wards, towns), self-defense militia soldiers who do not receive salaries from the state budget during their regular duty periods for combat readiness, combat, support for combat operations, and military training upon orders from the Commander-in-Chief of the Military Command Board at the district level or higher (referred to hereafter as performing duties) shall enjoy the following benefits:

a) They shall be entitled to a daily labor subsidy, the amount of which is equal to the value of a day's labor at the local level as prescribed by the Chairman of the People's Committee of the province, but not less than 0.04 times the minimum wage prescribed by the Government. If they perform duties between 10 PM and 6 AM, the daily subsidy shall be 1.3 times the daily labor subsidy during regular working hours.

b) If they are detached from production for periodic combat readiness duty at key locations designated by the Ministry of National Defense, in addition to the daily labor subsidy prescribed in point a of this clause, they shall also receive food subsidies, the amount of which is determined by the People's Committee at the provincial level. If the period of duty exceeds six months but does not exceed one year, they shall be provided with one set of clothing, one pair of shoes, and one hard hat (referred to hereafter as one set of uniform) and may borrow certain items for daily life, training, and work; if the period of duty exceeds one year, they shall be provided with one set of uniform every six months. c) If they perform duties far from their place of residence without the possibility of returning home daily, the military agency shall issue a decision to arrange accommodation and provide travel assistance or reimburse transportation costs for a round trip; in addition to the benefits prescribed in point a of this clause, they shall also receive food subsidies, the amount of which is determined by the Chairman of the People's Committee at the provincial level.

d) The time spent by personnel of the self-defense militia force on scattered duty shall be deducted from the annual community service obligation period (as stipulated in Article 12 of the Community Service Obligation Ordinance 1999). Personnel belonging to the core force of the self-defense militia may be temporarily exempted from the annual community service obligation (as stipulated in Clause 6 of Article 11 of the Community Service Obligation Ordinance 1999).

d) The time spent by civil defense personnel on duty shall be deducted from their annual compulsory public service obligation time (as stipulated in Article 12 of the Ordinance on Compulsory Public Service Obligation in 1999). Personnel belonging to the core force of civil defense may be temporarily exempted from their annual compulsory public service obligation (as stipulated in Clause 6 of Article 11 of the Ordinance on Compulsory Public Service Obligation in 1999).

B. Omitting Clause 3 of Article 11

5. Article 12 is amended and supplemented as follows.

"Article 12. Allocation of state budget funds for the construction and operation of the self-defense militia force:

1. The national defense budget shall cover:

a) Ensuring daily labor subsidies, food expenses (or wages) and operational costs of self-defense militia forces mobilized for tasks within the authority of the Minister of National Defense and the Commanders of Military Regions, and the Commander of the Navy.

b) Supporting the construction of barracks and activities of self-defense militia units engaged in regular combat readiness or combat readiness at key locations designated by the Ministry of National Defense. in key areas designated by the Ministry of National Defense.

c) Purchasing equipment, weapons, and military means, preparing grenade fuses,explosives, and fire tools for mine and grenade production to equip civilian self-defense forces.

d) Producing educational models, printing training materials, registers, record books,certificates, and registration forms for statistical purposes for civilian self-defenseforces.

đ) Constructing new, repairing special military works, combat facilities within thedefense area managed and used by civilian self-defense forces.

e) Training, instructing, and conducting scientific research on civilian self-defenseforces.

g) Building military region-level and ministry-level points. The Ministry of National Defense shall be responsible for three aspects of workrelated to civilian self-defense forces, building combat villages, and trainingcivilian self-defense forces at sea.

h) Ensuring material bases for training, sports meetings, competitions, exercises, andtraditional day activities of civilian self-defense forces according to the directivesof the Ministry. 1. Prosecutors of the Military Procuracy shall be appointed in accordance with the provisions of the law to perform the duties of public prosecution and supervision over judicial activities in the military forces:

i) Summarizing and rewarding agencies, units, and individuals with achievements inbuilding the civilian self-defense force of the Ministry.1. Prosecutors of the Military Procuracy shall be appointed in accordance with the provisions of the law to perform the duties of public prosecution and supervision over judicial activities in the military forces:

k) Other expenditures for civilian self-defense forces as prescribed by law underthe responsibility of the Ministry. 1. Prosecutors of the Military Procuracy shall be appointed in accordance with the provisions of the law to perform the duties of public prosecution and supervision over judicial activities in the military forces:

2. Provincial budget expenditure:

a) Ensuring allowances for families of cadres in the People's Military Command ofvillages, towns, and districts when they concentrate for training at the provincialmilitary school.

b) Ensuring allowances for days of labor, food expenses (or wages), and activityexpenses of civilian self-defense forces mobilized to perform tasks according to theauthority of the Provincial Military Commander, centrally administered citymilitary commander.

c) Ensuring allowances for days of labor, food expenses (or wages), uniforms, livingnecessities, and activity expenses of civilian self-defense units performing regularcombat duties or being ready for combat. in key areas designated by the Ministry of National Defense.

d) Ensuring sickness, accident, sacrifice, or death benefits for civilian self-defenseforces who have not joined health insurance or social insurance.

đ) Ensuring preferential policies and benefits for civilian self-defense forces whendoing tasks.

e) Transporting, repairing, and preserving weapons equipment; producing mines,hand grenades, and essential means to equip civilian self-defense forces.

g) Ensuring material bases for training, sports meetings, competitions, exercises, andtraditional day activities of the provincial civilian self-defense force.

h) Summarizing and rewarding agencies, units, and individuals with achievements inbuilding the provincial civilian self-defense force.

ỉ) Building plans for civilian self-defense forces participating in provincial or citydefense areas.

k) Other expenditures for civilian self-defense forces as prescribed by law underthe responsibility of the province or city.

3. District budget expenditure:

a) Ensuring national defense education work related to civilian self-defense forces.

b) Ensuring registration and staffing of civilian self-defense units.

c) Ensuring organizational and training work for civilian self-defense cadres accordingto the classification of provinces and cities.

d) Ensuring allowances for days of labor, food expenses (or wages), and activityexpenses of civilian self-defense forces mobilized to perform tasks according to theauthority of the District Military Commander, county, town, or city militarycommander.

đ) Ensuring material bases for training, sports meetings, competitions, exercises, andtraditional day activities of the district civilian self-defense force.

e) Conferences and training sessions on civilian self-defense business at the districtlevel.

g) Summarizing and rewarding agencies, units, and individuals with achievements inbuilding the district civilian self-defense force.

h) Other expenditures for civilian self-defense forces as prescribed by law underthe responsibility of the district.

4. Commune budget expenditure:

a) Ensuring expenditures for cadres in the People's Military Command of communes,towns, and districts as stipulated in Decree No. 09/1998/ND-CP dated January 23,1998, and current government regulations.

b) Ensuring allowances for days of labor, food expenses (or wages), and activityexpenses of civilian self-defense forces mobilized to perform tasks according to theauthority of the Commune Military Commander, town, or district militarycommander.

c) Ensuring registration and selection of civilian self-defense forces.

đ) Summarizing and rewarding agencies, units, and individuals with achievements inbuilding the commune civilian self-defense force.

đ) Other expenditures for civilian self-defense forces as prescribed by law underthe responsibility of the commune.

5. For administrative and public service agencies, political and social organizationsat local and central levels (except the Ministry of National Defense), expenditures for self-defense are included in the approvedbudget and announced annually. For enterprises of all economic sectors, expendituresfor self-defense are included in enterprise management costs. The contents ofexpenditures include:

Expenditures for the activities of self-defense forces mobilized to perform tasksaccording to the authority of the head of administrative and public serviceagencies, political and social organizations, and the enterprise director.

Ensuring material bases for training, sports meetings, competitions, exercises, andtraditional day activities of self-defense forces at administrative and publicservice agencies, political and social organizations, and enterprises.

Summarizing and rewarding agencies, units, and individuals with achievements inbuilding self-defense forces of administrative and public service agencies, politicaland social organizations, and enterprises. Other expenditures for self-defense as prescribed by law.

This Decree takes effect 15 days after its signing date. Previous provisionscontrary to this Decree are abolished.

Article 2.The Minister of National Defense is responsible for guiding the implementation ofthis Decree.

Heads, heads of agencies equivalent to ministries, heads of government agencies,chairmen of provincial people's committees directly under the central government areresponsible for implementing this Decree./.

Article 3.Ministries The Heads of Ministries, Heads of agencies at the ministerial level, Heads of agencies under the Government, and Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.