Law on Militia and Self-Defense Force No. 48/2019/QH14

LAW

THE PEOPLE'S MILITIA

Pursuant to the Constitution of the Socialist Republic of Vietnam;|||The National Assembly promulgates the Law on the People's Militia

This Law stipulates the obligations to participate in the People's Militia; positions, functions, tasks, principles, organization, activities, systems, policies, and responsibilities of agencies, organizations, and individuals towards the People's Militia.âThe People's Militia at the grassroots level.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

is the force performing duties in villages, wards, communes, towns, administrative units, and in agencies and organizations.

Article 2. Interpretation of Terms

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

1. Self-defence militia The mobile People's Militia

2. is the mobile force performing duties in various areas as decided by the competent authority. The regular People's Militia

3. is the force performing duties in key defense areas. The maritime People's Militia

4. is the force performing duties on islands, seas, and coastal areas of Vietnam. Expanding the People's Militia

5. is a measure to supplement citizens within the age range not yet fulfilling military service obligations or militia participation obligations, citizens who have completed their militia participation obligations, and reserve personnel not yet assigned to mobilization reserve units for the People's Militia unit. Military Command Board of Agencies and Organizations

6. is an organization established in agencies and organizations to carry out national defense work. The Military Command Board of Agencies and Organizations does not include the Military Command Board of Central Ministries and Departments established according to the Defense Law. Militia Work

7. is the activity of leadership, guidance, command, management, and administration regarding the organization and construction of forces, training, education, activities, and support for the People's Militia. Article 3. Position and Function of the People's Militia

8. The People's Militia is a component of the people's armed forces; it is a force protecting the Party, the government, the lives and property of the people, and the property of agencies and organizations at the local and grassroots levels; it serves as the core force alongside the entire population to fight enemies at the local and grassroots levels during wartime. Article 4. Principles of Organization and Activities of the People's Militia

1. Under the leadership of the Communist Party of Vietnam, the supreme command of the President, unified management of the Government, direct leadership and guidance of the local Party committees and governments, and heads of agencies and organizations; highest command of the Minister of National Defense; command of the Chief of the General Staff of the Vietnam People's Army, and commanders of military units.

2. Adhering to the Constitution, laws, and international treaties to which the Socialist Republic of Vietnam is a party; relying on the people, leveraging the comprehensive strength of the entire nation and the political system to fulfill tasks.

3. Building a strong and widespread People's Militia; the organization and staffing of the People's Militia must meet the requirements of national defense and security tasks, align with the localities' and agencies' areas and tasks; facilitate leadership, guidance, command, and management, and be suitable to the economic and social conditions of each locality, agency, and organization.

1. Under the leadership of the Communist Party of Vietnam, the dominance of the President of the Socialist Republic of Vietnam, the unified management of the Government, directly the leadership and guidance of the local Party committees and authorities, the heads of agencies and organizations; the highest command of the Minister of National Defense; the command of the General Chief of Staff of the Vietnam People's Army, the commander of military units.

2. Adhere to the Constitution, laws, and international treaties to which the Socialist Republic of Vietnam is a party; rely on the people, mobilize the comprehensive strength of the entire nation and the political system to fulfill tasks.

3. Build a strong and widespread Self-Defense Force; the organization and staffing of the Self-Defense Force must meet the requirements of national defense and security tasks, align with the locality and tasks of localities, agencies, and organizations; facilitate leadership, guidance, command, and management, and be consistent with the socio-economic situation and conditions of each locality, agency, and organization.

Article 5. Tasks of the People's Militia

1. To be ready for combat, engage in combat, and provide support for combat to protect localities, bases, agencies, and organizations.

2. To coordinate with units of the People's Army, the People's Public Security, and other forces on the territory to protect national sovereignty, security at borders, islands, maritime areas, airspace of Vietnam; participate in building the people's national defense, regional defense zones, ensuring national security, maintaining public order and social safety, combating crime and violations of the law as prescribed by law.

3. To implement military training tasks, political education, legal education, competitions, exercises, and drills.

4. To participate in implementing measures related to information warfare, cyber space warfare as prescribed by law and decisions of competent authorities.

5. To prevent, combat, and mitigate the consequences of disasters, accidents, natural calamities, epidemics, fires, explosions; search and rescue operations; forest protection, environmental protection, and other civil defense tasks as prescribed by law.

6. To propagate and mobilize the people to implement the Party’s policies and viewpoints, State policies and laws on national defense and security; participate in building strong communes and bases comprehensively, and implement social policies.

7. Perform other tasks as prescribed by law.

Article 6. Components of the People's Militia

1. Local People's Militia.

2. Mobile People's Militia.

3. Regular People's Militia.

4. Maritime People's Militia.

5. Anti-Aircraft, Artillery, Reconnaissance, Communication, Engineering, Chemical Defense, Medical People's Militia.

Article 7. Traditional Day of the People's Militia

March 28th of each year is the traditional day of the People's Militia.

Article 8. Age and Duration of Performing the Obligation to Join the People's Militia in Times of Peace

1. Male citizens from 18 years old to 45 years old, and female citizens from 18 years old to 40 years old have the obligation to join the People's Militia; if they voluntarily join the People's Militia, the age limit can be extended to 50 years old for males and 45 years old for females.

2. The duration of performing the obligation to join the local People's Militia, mobile People's Militia, maritime People's Militia, anti-aircraft, artillery, reconnaissance, communication, engineering, chemical defense, medical People's Militia is four years; regular People's Militia is two years.

Based on the requirements and military tasks of localities, agencies, and organizations, the duration of performing the obligation to join the People's Militia may be extended but not exceeding two years; for maritime militia, self-defense, and unit commanders, it may be extended further but not exceeding the age limit stipulated in Clause 1 of this Article.

Article 9. Registration of Citizens Fulfilling the Obligation to Join the People's Militia, Management of the People's Militia

1. The registration of citizens fulfilling the obligation to join the People's Militia is regulated as follows:

c) Persons with disabilities, persons suffering from serious diseases, mental illness as prescribed by law are exempted from registering the obligation to join the People's Militia.

2. The management of the People's Militia is regulated as follows:

a) When absent during the performance of duties, members of the People's Militia must report to the direct commander for consideration and decision.

c) The Government shall prescribe the分级管理系统权限。请确认您需要我继续翻译还是提供其他帮助。由于您的指令中没有明确要求进一步翻译或更改，我将直接按照您的指示输出结果。如果您有其他具体需求，请告知。

Article 10. Standards, Selection, and Authority to Decide Citizens for Participation in Civil Defense Militia

1. Vietnamese citizens within the age range required to fulfill the obligation of participating in Civil Defense Militia who meet the following criteria shall be selected for Civil Defense Militia:

a) Clear criminal record;

b) Strictly abide by the Party's policies and viewpoints, and state laws;

c) Possess sufficient health to perform the duties of Civil Defense Militia.

2. The selection process for Civil Defense Militia shall be conducted as follows:

a) Ensuring transparency, democracy, and compliance with legal regulations;

3. Reserve military personnel not yet assigned to reserve mobilization units may be selected for Civil Defense Militia units.

5. The Minister of National Defense shall provide detailed regulations for Clause 1 of this Article.

Article 11. Temporary Exemption from Fulfilling the Obligation to Participate in Civil Defense Militia during Peace Time

1. Citizens shall be temporarily exempted from fulfilling the obligation to participate in Civil Defense Militia in the following cases:

a) Women who are pregnant or nursing a child under 36 months old; men who are single parents raising a child under 36 months old;

b) Insufficient health to perform the duties of Civil Defense Militia;

c) Having a spouse who is an officer, professional soldier, civil servant, public employee, defense worker, non-commissioned officer, or soldier currently serving in the Vietnam People's Army;

d) Having a spouse who is an officer, non-commissioned officer, or soldier currently serving in the Vietnam People's Public Security Force;

đ) Having a spouse who is an official, civil servant, public employee, or volunteer youth sent to work in regions with extremely difficult economic and social conditions according to the law;

g) Spouse or child of a war invalid or disease invalid, or a person affected by Agent Orange with reduced work capacity between 61% and 80%;

h) A person studying at a state agency school, political organization, political-social organization, or educational institution within the national education system; a person working or studying abroad.

2. Citizens shall be exempted from fulfilling the obligation to participate in Civil Defense Militia in the following cases:

a) Spouse or child of a martyr;

b) Spouse or child of a war invalid or disease invalid, or a person affected by Agent Orange with reduced work capacity of 81% or more;

c) Reserve military personnel already assigned to a reserve mobilization unit;

d) A person directly supporting and caring for a Mother Heroic in the Resistance War; a person directly supporting a person with reduced work capacity of 81% or more;

đ) A person engaged in cryptologic work.

3. Citizens falling under the temporary exemption or exemption from fulfilling the obligation to participate in Civil Defense Militia as stipulated in points c, d, đ, e, g of Clause 1 and points a, b, d of Clause 2 of this Article, if they voluntarily apply, shall be considered for selection into Civil Defense Militia.

Article 12. Termination of Participation in Civil Defense Self-Protection before Term, Removal from Civil Defense Self-Protection List

1. Termination of participation in Civil Defense Self-Protection before term in the following cases:

a) Female Civil Defense Self-Protection members who are pregnant or nursing a child under 36 months old, male Civil Defense Self-Protection members who are solely raising a child under 36 months old;

b) Insufficient health to perform the duties of Civil Defense Militia;

d) Having a call-up order for military service or an order to fulfill the obligation to participate in the People's Public Security; having a decision on recruitment as a civil servant, public official, defense worker, or public security worker;

đ) Having a notification and enrolling in a higher education institution, vocational education institution, or state agency school, political organization, social-political organization; individuals with a notification and going abroad for work, study, or employment;

2. Removal from the Civil Defense Self-Protection list in the following cases:

a) Death or declared missing, deceased;

b) Being indicted as a suspect;

c) Having the title of Civil Defense Self-Protection revoked;

d) Being subject to compulsory educational measures;

đ) Being addicted to drugs according to the confirmation of the competent authority or being subject to compulsory drug rehabilitation measures;

Article 13. Completion of Participation in Civil Defense Self-Protection Obligation

1. Civil Defense Self-Protection members who have served the required period as stipulated in Clause 2, Article 8 of this Law shall be recognized as having completed their obligation to participate in Civil Defense Self-Protection;

3. Regular Civil Defense Self-Protection members shall be recognized as having fulfilled their military service obligation during peacetime according to the Military Service Law;

Article 14. Prohibited Acts Concerning Civil Defense Self-Protection

1. Establishing, participating in, funding organizations, training, mobilizing, and using Civil Defense Self-Protection contrary to the law;

2. Evading, opposing, or obstructing the organization, training, activities, and fulfillment of obligations related to Civil Defense Self-Protection;

3. Impersonating a Civil Defense Self-Protection member;

4. Misusing assigned positions, powers, and duties of Civil Defense Self-Protection to infringe upon national interests, rights, and legitimate benefits of agencies, organizations, and individuals;

5. Producing, transporting, buying, collecting, storing, using, or possessing firearms, ammunition, explosives, support tools, technical equipment, means of transportation, uniforms, caps, insignia, and assets of Civil Defense Self-Protection illegally;

6. Discriminating against gender in Civil Defense Self-Protection work;

Chapter II

 ORGANIZATION, STAFFING, WEAPONS, AND EQUIPMENT OF CIVIL DEFENSE SELF-PROTECTION

Article 15. Civil Defense Militia Organizations

1. Villages organize local militia squads, platoons, or companies.

Based on national defense and military requirements, communes organize mortar squads, reconnaissance or communication squads, engineering, chemical defense, medical, and health squads; key defense communes organize permanent militia squads or companies.

3. Agencies and organizations establish self-defense squads, companies, battalions, or regiments. Agencies and organizations with equipment operating at sea establish self-defense squads, companies, naval squadrons, or naval flotillas.

5. The Minister of National Defense shall stipulate the scale, organization, and staffing of civil defense militia units; decide on key defense communes.

Article 16. Expanding Civil Defense Militia Forces

1. Expand civil defense militia forces in the following cases:

a) When implementing partial or general mobilization orders;

b) When declaring a state of emergency due to disasters, dangerous epidemics, or situations seriously threatening national security, public order, and social safety.

2. The Minister of National Defense shall stipulate plans and authority to decide on expanding civil defense militia forces.

Article 17. Conditions for Establishing Self-Defense Units in Enterprises

Enterprises may be considered for establishing self-defense units when meeting the following conditions:

2. In accordance with national defense and security requirements, the local civil defense militia organization plan where the enterprise operates, and consistent with the enterprise's production and business organization;

3. Having been operational for at least 24 months;

4. Having a sufficient number of employees meeting the criteria for selection to fulfill civil defense militia service to form at least one self-defense squad.

Article 18. Command System of Civil Defense Militia

1. The Minister of National Defense.

2. The Chief of General Staff of the Vietnam People's Army.

3. Commander of Military Region, Commander of Military Branch, Commander of Border Guard Force, Commander of Coast Guard, Commander of Capital Military Command, Commander of Arms, Commander of Arm Corps.

4. Commander of Ho Chi Minh City Military Command, Head of Provincial Military Command.

6. Head of enterprises under the military having self-defense organizations.

7. Head of Military Command of agencies and organizations.

8. Head of Village Military Command.

9. Battalion Commander, Naval Squadron Commander, Company Commander, Naval Squadron Commander, Platoon Commander, Ship Captain, Mortar Squad Leader of civil defense militia units.

10. Village Militia Team Leader.

Article 19. Command positions of Militia and Self-defense Force

1. The command positions of the Military Command Board at commune level and the Military Command Board of agencies and organizations include:

a) Commander, Political Instructor;

b) Deputy Commander, Deputy Political Instructor.

2. The command positions of Militia and Self-defense Force units include:

a) Battalion Commander, Battalion Political Instructor, Deputy Battalion Commander, Deputy Battalion Political Instructor; Naval Squadron Commander, Naval Squadron Political Instructor, Deputy Naval Squadron Commander, Deputy Naval Squadron Political Instructor;

b) Company Commander, Company Political Instructor, Deputy Company Commander, Deputy Company Political Instructor; Naval Company Commander, Naval Company Political Instructor, Deputy Naval Company Commander, Deputy Naval Company Political Instructor;

c) Platoon Leader;

d) Squad Leader, Ship Captain, Gun Crew Leader;

đ) Village Team Leader concurrently serving as the commander of the local militia unit.

Article 20. Military Command Board at commune level, Village Team Leader

1. The Military Command Board at commune level is the permanent office for national defense work at the commune level. The composition of the Military Command Board at commune level includes:

b) The Political Instructor is held by the Secretary of the Party Committee at the commune level;

c) The Deputy Political Instructor is held by the Secretary of the Ho Chi Minh Communist Youth Union at the commune level;

2. The Military Command Board at commune level has its own office or workplace and uses a separate seal according to the provisions of the law.

3. The Military Command Board at commune level has the following functions and tasks:

a) Advising the Party Committee and the administration at the commune level to lead, direct, manage, and operate the implementation of national defense and military tasks according to the provisions of the law;

b) Taking the lead and coordinating with departments and mass organizations to build and implement plans for national defense work and other related plans at the commune level;

d) Organizing military training, political education, legal education, competitions, exercises, and drills for the militia; commanding the militia to perform tasks according to this Law, relevant legal regulations, and decisions of competent authorities;

đ) Registering, managing, storing, and using weapons, ammunition, explosive materials, auxiliary tools, equipment, and technical means of the militia unit under their authority according to the provisions of the law and decisions of competent authorities;

e) Advising and assisting the People's Committee at the commune level to inspect, handle violations, resolve complaints and denunciations, conduct mid-term and final reviews, organize competitions, and award commendations for local national defense work according to the provisions of the law.

4. The Village Team Leader has the task of advising the village-level Party Committee and Branch to lead, direct, and organize the implementation of national defense and military tasks at the village level; managing and directly commanding the militia under their authority; coordinating to implement military rear support policies and preferential policies for those who have contributed to the revolution.

Article 21. Military Command Board of Agencies and Organizations

1. The Military Command Board of Agencies and Organizations shall be considered for establishment when the agency or organization meets the following conditions:

a) Having the Communist Party of Vietnam organization;

b) Having a self-defense unit of the agency or organization.

2. The Military Command Board of Agencies and Organizations operates on a part-time basis, consisting of the Commander being the head or deputy head of the agency or organization, the Political Commissar being the Secretary or Deputy Secretary of the same-level Party Committee, the Deputy Commander, and the Deputy Political Commissar.

3. The Military Command Board of Agencies and Organizations may use its own seal according to the provisions of the law.

4. The Military Command Board of Agencies and Organizations has the following functions and tasks:

a) Advising the Party Committee and the head of the agency or organization to lead and direct defense work;

b) Building and implementing plans for defense work, self-defense work, and other related plans concerning the defense and military tasks of the agency or organization; coordinating to implement rear support policies for the military and preferential policies for those who have contributed to the revolution;

c) Organizing military training, political education, legal education, competitions, exercises, and drills for self-defense forces; commanding self-defense forces to perform tasks according to this Law, relevant legal regulations, and decisions of competent authorities;

d) Registering, managing, preserving, and using weapons, ammunition, explosive materials, auxiliary tools, equipment, and technical means of self-defense units under their jurisdiction according to the provisions of the law;

đ) Advising the Party Committee and the head of the agency or organization to inspect, handle violations, resolve complaints and denunciations, conduct mid-term and final reviews, promote competition, and award commendations regarding defense work;

5. The Government shall stipulate the number of Deputy Commanders; standards and quotas for working equipment of the Military Command Board of Agencies and Organizations.

Article 22. Authority to Establish and Dissolve Civilian Self-Defense Units, Military Command Boards at Commune Level, and Military Command Boards of Agencies and Organizations

1. The authority to establish civilian self-defense units, Military Command Boards at commune level, and Military Command Boards of Agencies and Organizations, except for self-defense units within military enterprises, is specified as follows:

a) The Chief of General Staff of the Vietnam People's Army decides to establish anti-aircraft artillery self-defense platoons and field artillery self-defense platoons;

b) The Commander of Military Region, the Commander of the Vietnam Navy, and the Commander of the Hanoi Military Command decide to establish self-defense companies; maritime self-defense battalions, maritime self-defense battalions on standby; maritime self-defense flotillas;

e) The Commander of the Hanoi Military Command, the Commander of the Ho Chi Minh City Military Command, and the Commander of the Provincial Military Command decide to establish Military Command Boards at commune level and Military Command Boards of Agencies and Organizations.

2. The authority that decides to establish such units also has the right to decide to dissolve these units.

3. The Minister of National Defense shall stipulate the authority to establish self-defense units within military enterprises; procedures and formalities for establishing and dissolving civilian self-defense units, Military Command Boards at commune level, and Military Command Boards of Agencies and Organizations.

Article 23. Appointment and Removal of Command Positions in the People's Militia Self-Defense Force

1. The authority to appoint command positions in the People's Militia Self-Defense Force, except for the command position of self-defense in military enterprises, is stipulated as follows:

a) The Commander of Military Region, the Commander of the Navy General Corps, and the Commander of the Hanoi Capital Military Command decide on the appointment of command positions at the battalion and naval battalion levels of the People's Militia Self-Defense Force;

d) The Commander of the Hanoi Capital Military Command, the Commander of the Ho Chi Minh City Military Command, and the Chief of the Provincial Military Command decide on the appointment of command positions in the Military Command of agencies and organizations;

2. The removal of command positions in the People's Militia Self-Defense Force is stipulated as follows:

a) The removal of command positions in the People's Militia Self-Defense Force occurs when there is a change in work position, organizational structure, and no longer having the staffing for the current position or not meeting the standards and conditions required for the current position;

b) The authority that decides on the appointment of a position also has the right to decide on the removal of that position.

3. The Minister of National Defense shall stipulate the procedures and processes for the appointment and removal of command positions as provided in this Article and the authority to appoint command positions in the self-defense units within military enterprises; stipulate the officers of the Vietnam People's Army holding command positions in the People's Militia Self-Defense Force when necessary.

Article 24. Uniforms, Rank Badges, and Insignias of the People's Militia Self-Defense Force

Command positions in the Military Command of communes, Military Command of agencies and organizations, and the People's Militia Self-Defense Force shall be issued and used uniforms, rank badges, and insignias according to the regulations of the Government.

1. The People's Militia Self-Defense Force shall be provided with weapons, explosives, support tools, equipment, and technical means according to the laws on the management and use of weapons, explosives, and support tools, and other relevant laws.

2. The Minister of National Defense shall stipulate the provision, registration, management, and use of weapons, explosives, support tools, equipment, and technical means for the People's Militia Self-Defense Force.

Chapter III

TRAINING OF CHIEF OF THE MILITARY COMMAND OF COMMUNES; TRAINING AND ENHANCEMENT OF COMMAND POSITIONS; TRAINING OF THE PEOPLE'S MILITIA SELF-DEFENSE FORCE

The Chief and Deputy Chief of the Military Command of communes must be trained as Chief of the Military Command of communes in basic military training at the intermediate, college, or university level at military schools.

Article 27. Training and Enhancement of Command Positions in the People's Militia Self-Defense Force

1. During peacetime, emergency situations regarding national defense, and war, command positions in the People's Militia Self-Defense Force shall be trained and enhanced according to programs suitable for each category, in accordance with the requirements of national defense and security tasks and the situation of localities, agencies, and organizations.

2. The Minister of National Defense shall stipulate the programs, contents, timeframes, lists of training materials, classification, and training bases for the training and enhancement of command positions in the People's Militia Self-Defense Force.

Article 28. Military Training, Political Education, Legal Education, Competitions, Exercises for Civil Defense Militia

1. During peacetime, the annual time for military training, political education, and legal education shall be stipulated as follows:

a) For the first year of Civil Defense Militia, it is 15 days, except for the permanent Civil Defense Militia.

b) For the second year and onwards of Civil Defense Militia, it is 12 days for mobile Civil Defense Militia, maritime Civil Defense Militia, air defense Civil Defense Militia, artillery Civil Defense Militia, reconnaissance Civil Defense Militia, communication Civil Defense Militia, engineering Civil Defense Militia, chemical defense Civil Defense Militia, medical Civil Defense Militia; 7 days for local Civil Defense Militia.

c) For permanent Civil Defense Militia, it is 60 days.

2. In cases of national defense emergencies, war situations, Civil Defense Militia shall undergo military training, political education, and legal education in accordance with the requirements of national defense tasks, security, and the situation of the locality, agency, or organization.

3. The Minister of National Defense shall specify the program, content, and list of materials for military training, political education, legal education, competitions, exercises for Civil Defense Militia.

Chapter IV

 ACTIVITIES OF CIVIL DEFENSE MILITIA

Article 29. Combat Readiness Activities

1. Maintain and implement the combat readiness regime of Civil Defense Militia.

2. Develop, adjust, and supplement plans concerning Civil Defense Militia.

4. Participate in implementing measures related to information warfare, cyber warfare, and other activities.

5. The Minister of National Defense shall provide detailed regulations for Clause 1 and Clause 2 of this Article.

Article 30. Combat and Support Activities

1. Expand the Civil Defense Militia force according to the decision of the competent authority.

2. Protect the prevention and evacuation of agencies, organizations, the people, and assigned targets.

4. Provide support for combat operations within the defensive zone.

Article 31. Coordination Activities of Civil Defense Militia

1. Civil Defense Militia shall coordinate with functional forces in the following activities:

a) Protecting national sovereignty, security at border areas, islands, seas, and airspace of Vietnam;

b) Ensuring national security, maintaining public order and safety, combating crime and violations of the law;

c) Propaganda and mobilizing the people to build comprehensive strong bases; implementing social policies;

d) Preventing, mitigating, and recovering from disasters, accidents, natural calamities, epidemics, fires, explosions; search and rescue operations; protecting forests, the environment, and other civil defense activities.

2. The Government shall provide detailed regulations for this Article.

Article 32. Authority to Mobilize Civil Defense Militia

1. In cases where the state of war has not been declared, a state of emergency in national defense, a state of emergency, martial law, or curfew has not been announced, when it is necessary to mobilize Civil Defense Militia for tasks, the authority to mobilize shall be stipulated as follows:

a) The Minister of National Defense, the Chief of the General Staff of the Vietnam People's Army mobilizes Civil Defense Militia throughout the country;

b) The Commander of Military Region mobilizes Civil Defense Militia within the Military Region's territory after reaching agreement with the Chairman of the Provincial People's Committee where the Civil Defense Militia to be mobilized is located;

c) The Commander of the Vietnam Navy mobilizes maritime Civil Defense Militia after reaching agreement with the Commander of Military Region, the Chairman of the Provincial People's Committee, and the head of the agency or organization where the maritime Civil Defense Militia to be mobilized is located;

d) The Commander of the Hanoi Capital Military Command mobilizes Civil Defense Militia within the Hanoi City territory after obtaining the consent of the Chairman of the Hanoi City People's Committee and the Chief of the General Staff of the Vietnam People's Army;

đ) The Commander of the Ho Chi Minh City Military Command, the Head of the Provincial Military Command mobilizes Civil Defense Militia within the provincial territory after obtaining the consent of the Chairman of the Provincial People's Committee and the Commander of Military Region;

i) The head of the military enterprise mobilizes self-defense personnel under their command within the enterprise.

2. In cases of war, national defense emergencies, states of emergency, martial law, or curfew, the mobilization and use of Civil Defense Militia shall be carried out in accordance with the provisions of the Law on National Defense and other relevant laws.

3. The Chairman of the People's Committee, the head of the agency or organization where the Civil Defense Militia to be mobilized is located must strictly comply with the mobilization decision of the competent authority; receive and arrange work for self-defense personnel after completing the mission.

Chapter V

REGIME, POLICIES, AND TASKS FOR CIVIL DEFENSE MILITIA

Article 33. Allowances, social insurance, and health insurance for command positions in the People's Militia Self-Defense Force

Clause 1. Command positions in the People's Militia Self-Defense Force specified in Article 19 of this Law shall be entitled to position allowances.

Clause 4. Chiefs, Political Commissars, Deputy Chiefs, and Deputy Political Commissars of Military Services at the commune level who have worked for at least 60 months shall be entitled to seniority allowances.

Clause 5. Village Militia Leaders shall be entitled to monthly allowances and兼任职务的小队队长或民兵中队队长的补贴。

6. The Government shall provide detailed regulations for this Article.

Article 34. Regulations and policies for the People's Militia Self-Defense Force when performing duties

Clause 1. The regulations and policies for the militia when performing duties are stipulated as follows:

Point a. For local militia, mobile militia, anti-aircraft militia, artillery militia, reconnaissance militia, communication militia, engineering militia, chemical defense militia, and medical militia, they shall be entitled to labor day subsidies, food expenses guaranteed; they shall enjoy the regulations when performing duties from 10 PM to 6 AM the next morning, on rest days, holidays, when performing heavy, hazardous, dangerous, or particularly heavy, hazardous, dangerous work according to the Labor Law; they shall be entitled to additional labor day subsidies in cases where their service period is extended due to participation in the People's Militia Self-Defense Force.

When performing duties at sea, they shall be entitled to special sea travel allowances; when performing duties far from their place of residence without daily commuting conditions, they shall be provided with accommodation, transportation means, or travel expenses reimbursed for one-time round trips.

Point b. For maritime militia, they shall be entitled to the regulations and policies stipulated in point a of this clause; when performing duties to protect islands and maritime areas, they shall be entitled to increased labor day subsidies and food expenses; in cases where they are ship captains or engineers, they shall be entitled to responsibility allowances calculated based on actual days working at sea.

Point c. For permanent militia, they shall be entitled to the regulations and policies stipulated in point a of this clause; they shall be entitled to one-time allowances upon completion of military service during peacetime; they shall enjoy social insurance and health insurance benefits equivalent to those of non-commissioned officers and soldiers of the Vietnam People's Army; they shall be guaranteed food and accommodation.

Clause 2. For self-defense forces performing duties, they shall be entitled to full salary, welfare benefits, allowances, travel expenses, and policies according to the law; for maritime self-defense forces performing duties to protect islands and maritime areas, they shall be entitled to additional salary, rank, and food expenses calculated based on actual days working at sea.

Clause 3. The level that decides the People's Militia Self-Defense Force to perform duties shall be responsible for ensuring the regulations and policies.

Clause 4. The Government shall specify the standards for ensuring regulations and policies for each component of the People's Militia Self-Defense Force as stipulated in this Article.

Article 35. Treatment and policies for Civil Defense Militia members who fall ill, suffer accidents, die, get injured, or sacrifice

1. Civil Defense Militia members when performing tasks or studying to become Commanders of Military Communes at the grassroots level shall enjoy the following treatment and policies:

a) In cases where they are not covered by health insurance, if they fall ill, suffer accidents, or get injured, their medical examination and treatment costs shall be reimbursed;

b) In cases where they are not covered by social insurance, if they suffer accidents that reduce their ability to work according to the conclusion of the Medical Appraisal Board, they shall be considered for compensation based on the degree of reduced working capacity; if they die, they shall be entitled to receive pension benefits and funeral expenses;

c) In cases where they get injured, they shall be considered for policies similar to those for war invalids; if they sacrifice, they shall be recognized as martyrs in accordance with the provisions of the law.

2. Civil Defense Militia members when undergoing sterilization procedures, female Civil Defense Militia members when undergoing intrauterine device insertion, and male Civil Defense Militia members whose wives give birth shall be granted leave from Civil Defense Militia duties; the duration of leave shall be determined in accordance with the laws on social insurance.

3. The Government shall stipulate the conditions, levels of benefits, procedures, and agencies responsible for ensuring funding for the treatment and policies for Civil Defense Militia members as specified in points a and b of Clause 1 of this Article.

Article 36. Sources of Funding

1. The state budget shall ensure funding for Civil Defense Militia members of state agencies, political organizations, socio-political organizations, public service units, and localities. The establishment, implementation, and settlement of the budget shall be carried out in accordance with the laws on the state budget and other relevant laws.

2. Funding for self-defense activities of economic organizations and non-public service units performing tasks as prescribed in Article 39 of this Law shall be included in deductible expenses when determining the taxable income of economic organizations and non-public service units under the laws on corporate income tax. Budget preparation, payment, and settlement of funds shall be conducted in accordance with financial accounting regulations applicable to such units.

3. Other legitimate sources of revenue.

4. For localities facing difficulties in terms of the budget, central government funding shall support them to implement tasks within the scope of their budget balance capabilities.

Article 37. Tasks of the Ministry of National Defense

1. Providing subsistence allowances, ensuring food expenses, and covering other costs for the activities of Civil Defense Militia members when performing tasks as decided by the Minister of National Defense, the Chief of General Staff of the Vietnam People's Army; plans approved by the Minister of National Defense, the Chief of General Staff of the Vietnam People's Army, of the Military Region Commander, and the Service Commander.

2. Developing and implementing strategies, projects, plans, scientific research programs on Civil Defense Militia.

3. Information dissemination and propaganda about Civil Defense Militia; commemorative activities marking the traditional day of Civil Defense Militia organized by the Ministry of National Defense and its affiliated units of the Vietnam People's Army.

4. Organizing training, reinforcement, military exercises, competitions, drills, and activities of Civil Defense Militia organized by the Ministry of National Defense and its affiliated units, except for the Hanoi Capital Military Command.

5. Training Commanders of Military Communes at the grassroots level.

6. Establishing model Civil Defense Militia units and combat works for Civil Defense Militia; building comprehensive strong bases in national defense and military affairs implemented by the Ministry of National Defense and the General Staff.

7. Compiling and publishing textbooks, materials, registration forms, statistical records, planning forms, permits, and scientific information materials on Civil Defense Militia.

8. Producing uniforms, insignias, models, teaching aids, training equipment, banners, and flags for the activities of Civil Defense Militia.

9. Producing, purchasing models, teaching aids, specialized military weapons and equipment; reproducing insignias of Civil Defense Militia, commemorative medals; specialized classroom equipment at military schools for training Commanders of Military Communes at the grassroots level.

10. Ensuring military weapons, explosive materials, supporting tools, equipment, and technical means for Civil Defense Militia in accordance with the law.

11. Managing and protecting national defense works and military areas assigned to Civil Defense Militia by the Ministry of National Defense.

12. Implementing international cooperation on Civil Defense Militia.

13. Inspecting, auditing, handling violations, resolving complaints and denunciations, summarizing, concluding, promoting, and rewarding Civil Defense Militia work within their authority.

14. Other funding tasks for Civil Defense Militia as prescribed by law.

Article 38. Tasks of local financial support for the People's Militia

1. Building and implementing scientific research projects, plans concerning the People's Militia of the locality.

2. Registering, conducting health examinations, selecting, managing, organizing the construction of forces, training, enhancing, military training, competitions, exercises, activities of the People's Militia under its authority; building plans and implementing decisions to expand the People's Militia force.

3. Providing information and propaganda about the People's Militia; organizing traditional commemorative activities of the People's Militia.

4. Ensuring benefits and policies as stipulated in Article 33, Clause 1 of Article 34 of this Law and other relevant laws, except for allowances for positions in the Military Command Board of agencies and organizations under central ministries and sectors, and command positions of self-defense units of agencies and organizations under central ministries and sectors, and economic organizations.

5. Ensuring benefits and policies for the People's Militia members who are sick, injured, dead, wounded, or sacrificed according to the provisions of Article 35 of this Law and other relevant laws.

6. Purchasing uniforms and insignias for the Military Command Board at commune level, Military Command Board of agencies and organizations, militia, and self-defense forces of agencies and organizations of the locality, except for cases specified in Clause 4 of Article 39 of this Law.

7. Transporting, repairing, preserving weapons, ammunition, equipment, technical means; ensuring crude weapons; supporting tools, essential equipment, and means to meet the requirements and tasks of People's Militia units.

9. Managing and protecting national defense works and military areas assigned by the locality to the People's Militia to undertake.

10. Implementing international cooperation on the People's Militia within the scope of authority.

11. Inspecting, auditing, handling violations, resolving complaints and denunciations, summarizing, concluding, promoting competition, rewarding work related to the People's Militia within the scope of authority.

12. Other financial support tasks for the People's Militia of the locality as prescribed by law and assigned by competent authorities.

Article 39. Tasks of agencies and organizations

1. Registering, conducting health examinations, selecting, managing, organizing the construction of forces, training, enhancing, military training, competitions, exercises, activities of self-defense forces under their authority.

2. Providing information and propaganda about the People's Militia; organizing traditional commemorative activities of the People's Militia within the responsibility of agencies and organizations.

3. Ensuring allowances for positions in the Military Command Board of agencies and organizations, command positions of self-defense units of agencies and organizations under central ministries and sectors; benefits and policies for self-defense forces as stipulated in Clause 2 of Article 34 of this Law and other relevant laws.

4. Purchasing uniforms and insignias for the Military Command Board of agencies and organizations and self-defense forces of agencies and organizations themselves.

5. Transporting, repairing, preserving weapons, supporting tools, equipment, technical means provided by competent authorities; purchasing, repairing, preserving crude weapons, supporting tools, equipment, technical means essential to meet the requirements and tasks of self-defense units.

6. Inspecting, handling violations, resolving complaints and denunciations, summarizing, concluding, promoting competition, rewarding work related to self-defense within the scope of authority.

7. Other financial support tasks for self-defense forces of agencies and units as prescribed by law.

Chapter VI

RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS REGARDING THE PEOPLE'S MILITIA

Article 40. Responsibilities of the Government

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

2. The contents of managing state affairs concerning the People's Militia Self-Defense Force include:

a) Issuing, submitting to competent authorities for issuance, and organizing the implementation of legal normative documents on the People's Militia Self-Defense Force;

b) Building and organizing the implementation of strategies, policies, projects, plans, and research on the People's Militia Self-Defense Force;

c) Organizing the building of forces, training, instructing, enhancing, and conducting activities and ensuring support for the People's Militia Self-Defense Force;

d) Propaganda and dissemination of the Party's guidelines and viewpoints, state policies and laws on the People's Militia Self-Defense Force;

đ) International cooperation on the People's Militia Self-Defense Force;

e) Inspecting, auditing, handling violations, resolving complaints and denunciations, summarizing, concluding, promoting competition, and rewarding matters related to the People's Militia Self-Defense Force.

Article 41. Responsibilities of the Ministry of National Defense

The Ministry of National Defense shall be responsible before the Government for managing state affairs concerning the People's Militia Self-Defense Force and shall have the following responsibilities:

1. Submit to the Government,

2. Taking the lead and coordinating with relevant agencies and organizations in building strategies, policies, projects, plans, and scientific research on the People's Militia Self-Defense Force;

3. Taking the lead and coordinating with relevant agencies and organizations in training Commanders of Military Districts at the commune level in the military sector; instructing and enhancing training for command positions in the People's Militia Self-Defense Force;

4. Directing and guiding the building of forces, military training, activities, planning, and expanding the People's Militia Self-Defense Force;

5. Coordinating with central ministries and sectors to direct and guide localities, agencies, and organizations to implement systems and policies for the People's Militia Self-Defense Force according to this Law and other relevant laws;

6. Taking the lead and directing localities, agencies, and organizations to build model units and combat works for the People's Militia Self-Defense Force;

7. Implementing international cooperation on the People's Militia Self-Defense Force;

8. Taking the lead or coordinating with central ministries and sectors, localities, and relevant agencies and organizations in inspecting, auditing, handling violations, resolving complaints and denunciations, summarizing, concluding, promoting competition, and rewarding matters related to the People's Militia Self-Defense Force within their authority;

9. Propaganda and dissemination of the Party's guidelines and viewpoints, state policies and laws on the People's Militia Self-Defense Force;

10. Performing other tasks related to the People's Militia Self-Defense Force as prescribed by law.

Article 42. Responsibilities of the Ministry of Public Security

1. Taking the lead and coordinating with the Ministry of National Defense in directing, guiding, and organizing the implementation of coordinated activities between public security units and the People's Militia Self-Defense Force in national security protection, maintaining social order and safety, combating crime and law violations;

2. Directing local public security organs to coordinate with military agencies at the same level and relevant agencies and organizations in implementing laws on the People's Militia Self-Defense Force.

Article 43. Responsibilities of Ministries, Agencies, and Organizations

1. Central ministries, agencies, and organizations, except the Ministry of Public Security, within their scope of duties and powers, shall cooperate with the Ministry of National Defense in managing state affairs concerning the People's Militia Self-Defense Force and shall have the following responsibilities:

a) Issuing directives and guidance documents on the People's Militia Self-Defense Force related to their respective fields of management;

b) Organizing the building, instructing, enhancing, military training, competitions, exercises, and activities of self-defense forces;

c) Directing and organizing the implementation of projects, plans on the People's Militia Self-Defense Force according to assigned tasks;

d) Taking the lead or coordinating with the Ministry of National Defense, relevant agencies and organizations, and localities in inspecting, auditing, handling violations, resolving complaints and denunciations, summarizing, concluding, promoting competition, and rewarding matters related to the People's Militia Self-Defense Force within their authority;

đ) Propaganda and dissemination of the Party's guidelines and viewpoints, state policies and laws on the People's Militia Self-Defense Force;

e) Performing other tasks related to the People's Militia Self-Defense Force as prescribed by law.

a) The Ministry of Finance shall take the lead and coordinate with the Ministry of Planning and Investment, the Ministry of National Defense, localities, and relevant agencies and organizations in preparing and submitting to the Government the budget estimates for state funds, allocation schemes for central government budgets to ensure regular tasks of the People's Militia Self-Defense Force managed by the central government, and consolidating them into the overall budget estimate, and submitting to the competent authority;

c) The Ministry of Home Affairs shall take the lead and coordinate with the Ministry of National Defense in directing and guiding localities and relevant agencies and organizations on planning, training, enhancing, and arranging the use of Commanders and Deputy Commanders of Military Districts at the commune level; on implementing systems and policies for command positions in Military Districts at the commune level;

đ) The Ministry of Education and Training shall take the lead and coordinate with the Ministry of National Defense and relevant agencies and organizations in directing higher education institutions to develop programs and provide guidance on training Commanders of Military Districts at the commune level at the undergraduate level in the military sector;

e) The Ministry of Agriculture and Rural Development shall take the lead and coordinate with the Ministry of National Defense and relevant agencies and organizations in directing subordinate agencies and units to cooperate with the People's Militia Self-Defense Force in protecting sea islands, coastal areas, preventing natural disasters, search and rescue operations, firefighting, and preventing forest fires; directing and providing guidance on registering, inspecting, and issuing licenses for fishing vessels equipped for the People's Militia Self-Defense Force at sea according to the law;

Article 44. Responsibilities of local authorities at all levels

1. The People's Councils at all levels, within their respective duties and powers, shall have the following responsibilities:

a) Enact regulatory legal documents; approve and decide on programs, projects, and plans concerning Self-Defense Corps in accordance with this Law and other relevant laws;

b) Decide on the budget to ensure for the Self-Defense Corps of the locality;

c) Supervise compliance with the Constitution, laws, and implementation of resolutions of the People's Council regarding the Self-Defense Corps.

2. The People's Committees at all levels, within their respective duties and powers, shall manage state affairs concerning the Self-Defense Corps and shall have the following responsibilities:

a) Propose to the People's Council for enactment; enact regulatory legal documents, directive documents, guidance documents, and organize the implementation of Self-Defense Corps work in accordance with this Law and other relevant laws;

b) Propose to the same-level People's Council for approval and decision on programs, projects, and plans concerning the Self-Defense Corps;

c) Direct agencies, organizations, and units under their authority to build forces, train, instruct, enhance military training, hold competitions, exercises, and activities of the Self-Defense Corps;

d) Mobilize civilian ships and means to ensure for the Self-Defense Corps participating in protecting islands and maritime areas of Vietnam according to the law;

đ) Implement international cooperation on the Self-Defense Corps as assigned;

e) Develop plans and organize the implementation of decisions to expand the Self-Defense Corps force by the competent authority;

g) Inspect, audit, handle violations, resolve complaints and denunciations, conduct mid-term and final reviews, promote competition, and award commendations on the Self-Defense Corps according to their authority;

h) Promote and disseminate the Party's policies and the State's laws on the Self-Defense Corps;

i) Perform other tasks related to the Self-Defense Corps of the locality as prescribed by law and assigned by the competent authority.

Article 45. Responsibilities of the Vietnam Fatherland Front and its member organizations

The Vietnam Fatherland Front and its member organizations, within their respective duties and powers, shall have the responsibility to promote and mobilize the people to implement laws on the Self-Defense Corps; supervise the implementation of laws on the Self-Defense Corps.

Chapter VII

COMPETITION, RECOGNITION AND VIOLATION HANDLING

Article 46. Competition and Recognition

1. Local military agencies at all levels, Military Command Boards of agencies and organizations shall take the lead and coordinate with relevant functional agencies to implement competition and recognition work concerning the Self-Defense Corps.

2. Organize competitive movements within the Self-Defense Corps linked to competitive movements of agencies, organizations, and localities.

3. Agencies, organizations, individuals, and the Self-Defense Corps that achieve outstanding results in implementing Self-Defense Corps work shall be recognized according to the law.

4. The Minister of National Defense shall guide competition and recognition work concerning the Self-Defense Corps according to the law.

Article 47. Handling violations

1. Agencies, organizations, and individuals who violate the provisions of this Law shall be subject to disciplinary action, administrative penalties, or criminal prosecution according to the law depending on the nature and severity of the violation.

2. When performing their duties, members of the Self-Defense Corps who violate discipline or laws shall be subject to disciplinary action, administrative penalties, or criminal prosecution according to the nature and severity of the violation; if they cause damage, they must compensate according to the law.

Article 48. Forms of Discipline for Civil Defense Militia

1. For Civil Defense Militia soldiers, one of the following forms of discipline shall be applied:

a) Reprimand;

b) Warning;

c) Revocation of the title of Civil Defense Militia.

2. For positions of command in Civil Defense Militia units, one of the following forms of discipline shall be applied:

a) Reprimand;

b) Warning;

c) Demotion;

d) Dismissal;

đ) Revocation of the title of Civil Defense Militia.

3. The Minister of National Defense shall stipulate the application of disciplinary forms, procedures, formalities, time limits, deadlines, and authority to impose disciplinary measures on Civil Defense Militia as prescribed in this Article.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 49. Amending and Supplementing Certain Articles of Relevant Laws Pertaining to Civil Defense Militia

1. Amending and supplementing certain articles of the Law on Military Service No. 78/2015/QH13 as follows:

a) Amending and supplementing point a Clause 4 Article 4 as follows:
"a) Civil Defense Militia personnel who have served at least 24 months shall be recognized as having fulfilled their military service obligation during peacetime, upon decision by the Commander of the Military Command Board of the district based on the proposal of the Chairman of the People's Committee of the commune or village head where there is no commune-level administrative unit, or the head of an agency or organization;"

b) Amending and supplementing point e Clause 2 Article 24 as follows:
"e) Civil Defense Militia personnel who have completed their participation in Civil Defense Militia or local Civil Defense Militia, mobile Civil Defense Militia, maritime Civil Defense Militia, air defense artillery Civil Defense Militia, reconnaissance Civil Defense Militia, communication Civil Defense Militia, engineering Civil Defense Militia, chemical defense Civil Defense Militia, medical Civil Defense Militia, after completing centralized training for at least three months;"

c) Adding point h after point g Clause 1 Article 41 as follows:
"h) Civil Defense Militia personnel."

2. Amending and supplementing certain clauses of Article 41 of the Law on Officers of the Vietnam People's Army No. 16/1999/QH10, which has been amended and supplemented by Law No. 19/2008/QH12 and Law No. 72/2014/QH13 as follows:

a) Amending and supplementing Clause 1 Article 41 as follows:

"1. Graduates of reserve officer training and graduates of training for the Commander of the Military Command Board of the commune in the basic military sector shall be conferred the rank of reserve second lieutenant;"

b) Amending and supplementing Clause 3 Article 41 as follows:

"3. Based on the staffing needs, position standards for officers, results of military studies, and achievements in national defense service, reserve officers may be appointed to positions in reserve mobilization units or hold the position of Commander of the Military Command Board of the commune, and be promoted to a corresponding rank. The Minister of National Defense shall specify the equivalent position and the highest rank for reserve officers holding the position of Commander of the Military Command Board of the commune;"

Article 50. Effective Date

1. This Law takes effect from July 1, 2020.

2. The Civil Defense Militia Law No. 43/2009/QH12 ceases to be effective from the date this Law takes effect.

This Law was adopted by the XIVth National Assembly of the Socialist Republic of Vietnam at its eighth sessionshallon November 22June 2024;, 2019.