The Law on Reserve Mobilization Forces stipulates the construction, mobilization of reserve mobilization forces; regulations, policies, and responsibilities of agencies and organizations. This Law applies to reserve military personnel, reserve technical equipment, reserve mobilization units, and related individual/groups. Notably, it specifies the management, training, and mobilization of reserve mobilization forces.
适用范围
Reserve military personnel, reserve technical equipment, reserve mobilization units, agencies, organizations, local authorities at all levels, the Vietnam Fatherland Front, and its member organizations.
要点
- Reserve military personnel assigned to reserve mobilization units are responsible for health checks, implementing training orders, exercises, readiness for mobilization, and combat; owners of reserve technical equipment have the obligation to comply with mobilization decisions and are entitled to the return of their equipment.
- The Government promulgates plans for building reserve mobilization forces; the Ministry of National Defense is responsible for state management over the construction and mobilization of reserve mobilization forces.
- When implementing general mobilization orders or partial mobilization orders, the Prime Minister decides the number of reserve military personnel and reserve technical equipment to be mobilized; the Minister of National Defense issues mobilization orders for reserve mobilization units.
- Reserve military personnel during concentrated training, exercises, readiness checks for mobilization, and combat readiness are entitled to salary and allowances as prescribed.
- The Ministry of National Defense funds tasks such as registering, managing reserve military personnel; training, exercises, readiness checks for mobilization; compensating losses of reserve technical equipment.
🌐 本文件的社会影响
- Positive impact: Strengthening national defense forces, ensuring national security.
- Negative impact: It may impose financial burdens on agencies, organizations, and individuals required to fulfill mobilization obligations for reserve mobilization forces.
❓ 常见问题
What benefits do reserve military personnel enjoy?
Reserve military personnel during concentrated training, exercises, readiness checks for mobilization, and combat readiness are entitled to salary and allowances as prescribed. In cases where they perform duties without reaching the level of general mobilization or partial mobilization, they also enjoy similar benefits.
What rights does the owner of reserve technical equipment have when their equipment is mobilized?
The owner of reserve technical equipment has the obligation to comply with mobilization decisions but is also entitled to the return of their equipment and reimbursement for incurred costs and compensation for damages caused by mobilization.
What responsibilities does the Ministry of National Defense have in building reserve mobilization forces?
The Ministry of National Defense is responsible for submitting to the Government draft legal documents on the construction and mobilization of reserve mobilization forces; leading and coordinating with ministries, ministerial-level agencies, and government agencies in planning and guiding implementation.
Under what circumstances can reserve mobilization forces be mobilized?
Reserve mobilization forces can be mobilized when implementing general mobilization orders or partial mobilization orders; when enforcing martial law; when there is a threat to national security, public order, and social safety but not reaching the level of declaring a state of emergency; and to prevent, control, and mitigate the consequences of disasters, natural calamities, and dangerous epidemics.
What responsibilities do agencies and organizations where reserve military personnel work have?
Agencies and organizations where reserve military personnel work are responsible for coordinating with local authorities to arrange time for reserve military personnel to participate in concentrated training, exercises, readiness checks for mobilization; receiving and arranging work for reserve military personnel after completing their tasks.
全文
LAW
RESERVE FORCES MOBILIZATION
On the basis of the Constitution of the Socialist Republic of Vietnam;
The National Assembly enacts the Law on Reserve Mobilization Forces.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Law stipulates the construction and mobilization of reserve mobilization forces; regulations and policies; responsibilities of agencies, organizations, and individuals in constructing and mobilizing reserve mobilization forces.
Article 2. Interpretation of Terms
In this Law, the following terms shall be understood as follows:
1. Reserve mobilization forces include registered and managed reserve military personnel and technical equipment, arranged into reserve mobilization units to be ready for supplementation to the regular forces of the Vietnam People's Army.
2. Reserve military personnel include reserve officers, reserve professional military personnel, and reserve non-commissioned officers and soldiers registered in accordance with the Officer Law of the Vietnam People's Army, the Professional Military Personnel Law, Civil Defense Workers and Personnel Law, and the Military Service Law.
3. Reserve technical equipment is property of agencies, organizations, and Vietnamese citizens, including motor vehicles, waterway vessels, civil aircraft, bridge and road construction equipment, construction project equipment, cargo handling equipment, communication and information equipment, medical supplies, and other types of equipment and devices registered according to the staffing requirements of the Vietnam People's Army.
4. Reserve mobilization unit is a military organization consisting largely or entirely of reserve military personnel and reserve technical equipment planned to supplement the regular forces of the Vietnam People's Army; it has incomplete or unorganized structure during peacetime but has plans for mobilization and supplementation during wartime upon mobilization orders.
5. Specialized reserve unit is a type of reserve mobilization unit organized and staffed with reserve military personnel with specialized skills and equipment serving specific tasks.
6. Professional military service is a specialized profession corresponding to positions within the staffing of the Vietnam People's Army.
7. Mobilizing reserve mobilization forces involves calling up reserve military personnel and mobilizing reserve technical equipment to be handed over to the regular forces of the Vietnam People's Army as prescribed by this Law.
8. Owner of reserve technical equipment is an agency, organization, or Vietnamese citizen having ownership or usage rights over reserve technical equipment that is subject to registration, management, and arrangement into reserve mobilization units.
Article 3. Principles of constructing and mobilizing reserve mobilization forces
1. Adhering to the Constitution and laws of the Socialist Republic of Vietnam; placed under the absolute and direct leadership of the Communist Party of Vietnam in all aspects, the unified command of the President, and the direction of the Minister of National Defense.
2. Building a strong reserve mobilization force politically, ideologically, and organizationally, with high combat proficiency and strict management.
3. Harnessing the combined strength of the entire people.
4. Closely integrating economic and social development with enhanced national defense and security; aligning with the country's economic and social development situation.
5. Constructing and mobilizing reserve mobilization units ensuring sufficient personnel and reserve technical equipment; meeting standards and timelines; ensuring secrecy and safety as prescribed by law and approved plans.
6. Applying scientific and technological achievements in constructing and mobilizing reserve mobilization forces.
Article 4. Responsibilities of reservists assigned to reserve mobilization units
1. Reservists assigned to reserve mobilization units shall have the following responsibilities:
a) Health check-up;
b) Implement call-up orders for training, exercises, readiness checks for mobilization and combat readiness;
c) Adhere to the living regime of reserve mobilization units and perform tasks assigned by commanders;
d) Implement mobilization orders to supplement regular forces of the People's Army.
2. Commanders of reserve mobilization units shall have the following responsibilities:
a) Implement the provisions of Clause 1 of this Article.
b) Maintain knowledge of the quantity and quality of the unit; ensure the unit's living regime and implement reporting procedures;
c) Manage and command the unit during training, exercises, readiness checks for mobilization and combat readiness;
d) Manage and command the unit to supplement regular forces of the People's Army.
Article 5. Rights and obligations of owners of technical equipment reserves, operators, and controllers of technical equipment reserves
1. Owners of technical equipment reserves shall fulfill mobilization and dispatch decisions concerning technical equipment reserves; they shall be compensated for the return of technical equipment reserves, reimbursed for expenses incurred, and compensated for losses caused by the mobilization and dispatch of technical equipment reserves.
2. Operators and controllers of technical equipment reserves shall fulfill mobilization decisions; they shall be entitled to benefits and policies as stipulated by this Law.
Article 6. Compensation for losses caused by the mobilization and dispatch of technical equipment reserves
1. Owners of technical equipment reserves shall be compensated for losses in the following cases:
a) Technical equipment reserves being damaged, lost, or destroyed;
b) Income losses directly caused by the mobilization and dispatch of technical equipment reserves.
2. The authority responsible for deciding on the mobilization and dispatch of technical equipment reserves shall be responsible for implementing compensation for losses. The level of compensation and payment of compensation to owners of technical equipment reserves shall be carried out in accordance with the provisions of the law on requisitioning and conscription of assets.
In the case where technical equipment reserves mobilized and dispatched are state assets transferred to state agencies or public service organizations that suffer damage, loss, or destruction, funds shall be allocated for repair or replacement according to the regulations of the state budget law.
Article 7. Prohibited acts in the construction, mobilization of reserve forces
1. Evading the fulfillment of the responsibilities of reservists or the obligations of owners of technical equipment reserves subject to mobilization and dispatch.
2. Opposing or obstructing the construction and mobilization of reserve forces.
3. Mobilizing or dispatching reserve forces not included in approved plans.
4. Misusing the implementation of tasks related to the construction and mobilization of reserve forces to infringe upon national interests, rights, and legitimate benefits of agencies, organizations, or individuals.
5. Discriminating based on gender in the construction and mobilization of reserve forces.
Chapter II
CONSTRUCTION, MOBILIZATION, AND ACCEPTANCE OF RESERVE FORCES
Section 1
PLAN FOR THE CONSTRUCTION, MOBILIZATION, AND ACCEPTANCE OF RESERVE FORCES
Article 8. Authority to formulate plans
2. Ministries, ministerial-level agencies, and government agencies assigned tasks for building and mobilizing reserve forces shall formulate plans for building and mobilizing reserve forces of their respective ministries, ministerial-level agencies, and government agencies.
Units under ministries, ministerial-level agencies, and government agencies assigned tasks for building and mobilizing reserve forces shall formulate plans for building and mobilizing reserve forces of their units.
4. The Minister of National Defense shall stipulate the authority to formulate plans for mobilizing and receiving reserve forces of military units.
Article 9. Content of Plans
1. The content of the plan for building reserve forces includes:
a) Organization and staffing of reserve force units;
b) Management of reserve force units;
c) Selection and training of reserve officers;
d) Training, exercises, readiness checks for mobilization and combat preparedness;
đ) Party work and political work;
e) Logistics, technical, and financial support.
2. The content of the plan for mobilizing reserve forces includes:
a) Notification of mobilization decisions and orders;
b) Concentration, transportation, and handover of reserve personnel and technical equipment;
c) Party work and political work;
d) Logistics, technical, and financial support;
đ) Command and control of mobilization activities;
e) Protection during concentration, transportation, and handover of reserve personnel and technical equipment.
3. The content of the plan for receiving reserve forces includes:
a) Decision on implementing the task of receiving reserve forces;
b) Reception of reserve personnel and technical equipment;
c) Party work and political work;
d) Logistics, technical, and financial support.
Article 10. Review and Approval of Plans
2. The Ministry of National Defense shall review; the Prime Minister shall approve plans for building and mobilizing reserve forces of ministries, ministerial-level agencies, and government agencies.
3. Military Command Boards of ministries, ministerial-level agencies, and government agencies shall review; Ministers, Heads of ministerial-level agencies, and government agencies shall approve plans for building and mobilizing reserve forces of subordinate units.
4. Agencies under the Ministry of National Defense shall review; the Minister of National Defense shall approve plans for mobilizing and receiving reserve forces of military regions and plans for building and mobilizing reserve forces of the People's Committee of Hanoi City.
5. Military Region Agencies shall review; Commanders of Military Regions shall approve plans for building and mobilizing reserve forces of provincial People's Committees.
7. Superior agencies shall review; Superiors shall approve plans for receiving reserve forces of subordinate units within the Vietnam People's Army.
Article 11. Review, adjustment, and establishment of new plans
1. Annually, the agency or unit assigned to establish the plan for building, mobilizing, and receiving reserve forces must review the plan for building, mobilizing, and receiving reserve forces; submit to the competent authority specified in Article 10 of this Law to decide on the adjustment or establishment of a new plan in cases stipulated in Clauses 2 and 3 of this Article.
2. The plan for building, mobilizing, and receiving reserve forces shall be adjusted when there is a change in content but not to the extent that a new plan needs to be established.
3. A new plan for building, mobilizing, and receiving reserve forces shall be established in the following cases:
a) Changing the quota of reserve military personnel or technical equipment reserves by 30% or more;
b) Changing the locality assigned or the unit receiving reserve military personnel or technical equipment reserves.
Section 2
BUILDING RESERVE FORCES
1. The People's Militia Committee at the commune level or the People's Militia Committee at the district level where there is no commune-level administrative unit shall register reserve military personnel for citizens residing in the locality.
The People's Militia Committee of the agency or organization shall register reserve military personnel for citizens working, studying, or employed at the agency or organization. In case the agency or organization does not have a People's Militia Committee, the head or the authorized representative of the agency or organization shall organize for citizens working, studying, or employed at the agency or organization to register reserve military personnel at their place of residence.
2. The People's Committee at the commune level or the People's Committee at the district level where there is no commune-level administrative unit shall manage reserve military personnel residing in the locality.
3. The People's Militia Committee at the district level shall coordinate with agencies and organizations managing reserve military personnel working, studying, or employed at agencies and organizations within its jurisdiction.
4. The Government shall prescribe the procedures and formalities for registering reserve military personnel as stipulated in Clause 1 of this Article.
1. The agency registering ownership of civil aviation means of transport, maritime means of transport, inland waterway means of transport under the Ministry of Transport and the agency registering fishing vessels, fisheries surveillance vessels under the Ministry of Agriculture and Rural Development shall be responsible for periodically providing registration information on technical equipment reserves to the Ministry of National Defense for registration and management.
2. The agency registering ownership of inland waterway means of transport, road motor vehicles, local communication means, medical supplies equipment shall be responsible for periodically providing registration information on technical equipment reserves to the People's Committee at the district level where the owner resides or where the agency or organization is located for registration and management.
3. The People's Committee at the commune level, agencies, and organizations shall periodically provide reports and supply information on technical equipment reserves not covered by Clause 1 and Clause 2 of this Article to the People's Committee at the district level where the owner resides or where the agency or organization is located for registration and management.
4. The Government shall prescribe the List of technical equipment reserves and the registration and management of technical equipment reserves.
Article 14. Allocation of quotas for building reserve forces
1. The Prime Minister shall allocate quotas for building reserve forces to Ministries, ministerial-level agencies, government agencies, and centrally governed cities and provinces.
2. Based on the quotas allocated by the Prime Minister, the allocation of quotas for building reserve forces shall be prescribed as follows:
a) The Minister of National Defense shall decide on the scale, organizational form, and number of reserve units for Ministries, ministerial-level agencies, government agencies, provincial People's Committees; set quotas for receiving reserve forces and mobilization levels for each state of combat readiness for Military units;
b) The Minister or Head of a ministerial-level agency or government agency shall allocate quotas for building reserve forces to subordinate agencies and units;
Article 15. Organizing reserve units for mobilization
1. Reserve military personnel and technical equipment reserves included in the plan to supplement regular forces of the Vietnam People's Army shall be organized into reserve mobilization units.
2. Reserve mobilization units must maintain sufficient numbers of reserve military personnel and technical equipment reserves, with a reserve quantity from 10% to 15%, and weapons and technical equipment reserves according to classification levels.
Article 16. Arranging reserve military personnel into reserve mobilization units
1. Reserve military personnel meeting health standards and having military specialties corresponding to the assigned positions shall be arranged; recruitment areas should match mobilization areas; in cases of shortage, reserve military personnel with military specialties close to the assigned positions shall be arranged.
2. The arrangement of reserve professional military personnel, reserve non-commissioned officers, and reserve soldiers shall follow the order of first arranging reserve professional military personnel, reserve non-commissioned officers, and first-class reserve soldiers; in cases of shortage, second-class reserve soldiers shall be arranged.
3. Reserve military personnel shall be arranged into reserve mobilization units belonging to main force units before those belonging to local units.
Article 17. Age limits for arranging reserve military personnel into reserve mobilization units during peacetime
1. The age limit for arranging reserve officers into reserve mobilization units shall be implemented according to the provisions of the Law on Officers of the Vietnam People's Army.
2. The age limit for arranging reserve professional military personnel and reserve non-commissioned officers and soldiers into reserve mobilization units is specified as follows:
a) Male reserve professional military personnel not exceeding 40 years old; reserve non-commissioned officers and soldiers not exceeding 35 years old can be arranged into combat units;
b) Male reserve professional military personnel and reserve non-commissioned officers and soldiers not exceeding 45 years old; female reserve military personnel not exceeding 40 years old can be arranged into support combat units.
Article 18. Arranging technical equipment reserves into reserve mobilization units
Technical equipment reserves arranged into reserve mobilization units must have capabilities that meet the requirements for use in the organizational structure of each unit of the Vietnam People's Army; if there is none, technical equipment reserves with similar capabilities shall be arranged.
The People's Committee of the province, the People's Committee of the district shall take the lead and coordinate with the regular units of the Vietnam People's Army with the quota for receiving reserve mobilization forces to carry out the arrangement of reserve military personnel and technical equipment reserves into reserve mobilization units.
Article 20. Appointment, dismissal of positions; demotion, removal; conferring, promotion, demotion, revocation of ranks; revoking military status and discharge for reserve military personnel
1. The appointment, dismissal of positions; demotion, removal; conferring, promotion, demotion, revocation of ranks for reserve officers shall be carried out according to the provisions of the Law on Officers of the Vietnam People's Army.
2. The conferring and promotion of ranks and discharge for reserve professional military personnel shall be carried out according to the provisions of the Law on Professional Military Personnel, Workers, and Civil Servants in National Defense.
3. The appointment of positions; demotion, removal; conferring, promotion, demotion of rank grades; revocation of military status and discharge for reserve non-commissioned officers and soldiers shall be carried out according to the provisions of the Law on Military Service Obligation.
Article 21. Selection and training of reserve officers
1. The Prime Minister decides the annual training quotas for reserve officers.
2. Based on the Prime Minister's decision, the Minister of National Defense decides the number of each group and specialty of reserve officers to be trained and assigns them to Ministries, agencies at the level of ministries, government-affiliated agencies, and provincial People's Committees to implement.
3. The Government stipulates the target groups, selection criteria, and training standards for reserve officers.
Article 22. Training, drills, readiness checks for mobilization and combat preparedness of reserve military personnel, reserve technical equipment, and reserve mobilization units
1. The Prime Minister decides the annual training, drill, and readiness check targets for mobilization and combat preparedness of reserve military personnel, reserve technical equipment, and reserve mobilization units for Ministries, ministerial-level agencies, government-affiliated agencies, and centrally-administered cities and provinces.
2. Based on the Prime Minister's decision, the allocation of training, drill, and readiness check targets for mobilization and combat preparedness of reserve military personnel, reserve technical equipment, and reserve mobilization units shall be carried out as follows:
a) The Minister, head of a ministerial-level agency, or head of a government-affiliated agency allocates the training, drill, and readiness check targets for mobilization and combat preparedness to subordinate agencies and units.
3. The call-up of reserve military personnel for training, drills, and readiness checks for mobilization and combat preparedness shall be implemented in accordance with the provisions of the Law on Officers of the Vietnam People's Army, the Law on Professional Military Personnel, Workers, and National Defense Civil Servants, and the Law on Military Service Obligation.
4. Reserve military personnel may be exempted from concentrated training, drills, and readiness checks for mobilization and combat preparedness in the following cases:
a) Overlapping with the time for civil service recruitment examinations, civil servant grade advancement examinations, skilled worker grade advancement examinations, civil servant rank advancement examinations, mid-term examination periods, or course completion examinations, confirmed by the agency or organization where the reserve military personnel are working, studying, or employed.
The Chairman of the People's Committee at the provincial level decides on the quantity and duration of the temporary deployment of reserve technical equipment already assigned to reserve mobilization units for training, drills, and readiness checks for mobilization and combat preparedness.
The Chairman of the People's Committee at the district level implements the decision of the Chairman of the People's Committee at the provincial level regarding the deployment of each piece of reserve technical equipment.
6. The training of reserve mobilization units under the Command of Hanoi Capital, the Command of Ho Chi Minh City, and the Military Command at the provincial level shall take place at provincial-level reserve mobilization training facilities.
The training of reserve mobilization units not under the Command of Hanoi Capital, the Command of Ho Chi Minh City, and the Military Command at the provincial level shall be carried out in accordance with the regulations of the Minister of National Defense.
7. The Government shall stipulate the regulations concerning provincial-level reserve mobilization training facilities as provided for in Clause 6 of this Article.
Article 23. Living arrangements for reserve military personnel
3. The Minister of National Defense shall stipulate the form, content, and time of living arrangements for reserve military personnel.
Section 3
||| Mobilization and Acceptance of Reserve Forces for Mobilization
Article 24. Cases of mobilizing reserve forces for mobilization
1. When implementing a general mobilization order or partial mobilization order.
2. When enforcing a state of martial law.
3. When there is a threat to national security, public order, and social safety but not reaching the level of declaring a state of emergency.
4. To prevent, combat, and mitigate the consequences of disasters, natural calamities, and dangerous epidemics.
Article 25. Mobilization of reserve forces for mobilization when implementing a general mobilization order or partial mobilization order
1. The Prime Minister decides on the number of reserve military personnel and technical equipment reserves to be mobilized from ministries, ministerial-level agencies, government-affiliated agencies, and provinces and centrally-administered cities.
2. Based on the decision of the Prime Minister, the Minister of National Defense issues orders to mobilize reserve mobilization units in each ministry, government-affiliated agency, and province and centrally-administered city.
3. Based on the decision of the Prime Minister and the mobilization order of the Minister of National Defense, the mobilization of reserve forces for mobilization shall be carried out as follows:
a) The authority prescribed by the Law on Officers of the Vietnam People's Army, the Law on Professional Military Personnel, Workers, and Civil Servants of National Defense, and the Law on Military Service shall decide to call up reserve military personnel for conscription;
b) The Ministers and Heads of ministerial-level agencies, government-affiliated agencies shall decide to mobilize technical equipment reserves within reserve mobilization units established by their own agencies;
The Chairman of the People's Committee at the district level shall implement the decision of the Chairman of the People's Committee at the provincial level regarding the mobilization of technical equipment reserves and operators and controllers of technical equipment reserves.
Article 26. Mobilization of reserve forces for mobilization when not reaching the level of general mobilization or partial mobilization
1. Mobilization of reserve forces for mobilization when not reaching the level of general mobilization or partial mobilization includes the cases prescribed in Clauses 2, 3, and 4 of Article 24 of this Law.
The Chairman of the People's Committee at the district level shall implement the decision of the Chairman of the People's Committee at the provincial level regarding the mobilization of reserve military personnel and technical equipment reserves.
3. The commander of the People's Army unit entrusted with managing the area under martial law shall decide to mobilize reserve military personnel and technical equipment reserves.
4. The Government shall provide detailed regulations on this matter.
Article 27. Notification of Mobilization Orders and Decisions for Reserve Forces
1. Mobilization orders and decisions for reserve forces must be notified within the prescribed time frame and accurately. The notification process shall be carried out through the administrative system from central to local levels and from the Ministry of National Defense to military agencies at all levels and the regular units of the People's Army.
2. Responsibilities for notifying mobilization orders and decisions for reserve forces are stipulated as follows:
a) The General Staff notifies the mobilization order for reserve units issued by the Minister of National Defense to ministries, ministerial-level agencies, government agencies, provincial People's Committees, subordinate units of the Ministry of National Defense, and directs the notification of the mobilization order to local military agencies and grassroots units of the People's Army;
b) Ministries, ministerial-level agencies, and government agencies notify the mobilization decision for reserve forces issued by the Minister, head of a ministerial-level agency, and government agency to their subordinate units and direct the notification of the mobilization decision to grassroots units;
The Command of Hanoi Capital, the Command of Ho Chi Minh City, and the Military Command of provinces notify the mobilization order for reserve units issued by the Commander of the Command of Hanoi Capital, the Commander of the Command of Ho Chi Minh City, and the Chief of the Military Command of provinces, and the call-up order for reserve officers to join the military issued by the competent authority to district military agencies;
District military agencies notify the mobilization decision for technical equipment reserves issued by the Chairman of the Provincial People's Committee, the call-up order for reserve officers to join the military issued by superiors, and the call-up order for reserve professional soldiers, non-commissioned officers, and privates to join the military issued by the Chief of the Military Command of districts to the People's Committee of communes and related agencies and organizations;
e) Local military agencies and regular units of the People's Army have the responsibility to notify each other about the transfer of reserve forces for mobilization;
3. The deadline for completing the notification of mobilization decisions and orders for reserve personnel and technical equipment reserves is determined in the mobilization plan for reserve forces;
4. The Minister of National Defense shall specify the procedures for notifying mobilization orders and decisions for reserve forces.
Article 28. Concentration, Transportation, and Transfer of Reserve Forces for Mobilization
2. Regular units of the People's Army receiving additional reserve forces for mobilization shall hand over reserve forces for mobilization to district-level People's Committees, agencies, and organizations after completing their tasks;
4. The Minister of National Defense shall provide detailed regulations on this matter.
Chapter III
REGIME, POLICY, AND FUNDS TO ENSURE
CONSTRUCTION, MOBILIZATION OF RESERVE FORCES
Article 29. Allowance for reserve military personnel appointed to reserve mobilization unit command positions
1. Reserve military personnel assigned to reserve mobilization units shall be entitled to allowances.
2. Reserve military personnel appointed to command positions at or above platoon leader in reserve mobilization units shall be entitled to management responsibility allowances and shall cease to receive the allowance provided for in Clause 1 of this Article.
3. The Government shall stipulate the amount of the allowance, conditions, and duration of entitlement to the allowance.
Article 30. Treatment and policies for reserve military personnel during concentrated training, exercises, readiness checks for mobilization and combat preparedness, and mobilization before total mobilization or partial mobilization
1. The salary and allowance for reserve military personnel shall be regulated as follows:
a) Reserve military personnel who are working, studying, or employed in agencies and organizations and receiving salaries from the state budget shall have their agencies and organizations pay them their full salary and all allowances, subsidies, benefits, travel allowances, and transportation costs. In cases where the salary and allowances are lower than those applicable in the People's Army, the People's Army unit shall pay the difference;
b) Reserve military personnel not falling under the category specified in point a of this clause shall be granted a daily allowance by the People's Army unit based on the basic wage of officers, non-commissioned officers, or conscripts on active duty, or equivalent to the rank allowance of non-commissioned officers or conscripts on active duty; transportation costs and travel allowances shall be provided as for active-duty military personnel.
2. Reserve military personnel shall be issued or lent uniforms, living supplies, and food expenses according to the current regulations for officers, non-commissioned officers, non-commissioned officers, and conscripts on active duty.
3. Reserve military personnel who are working, studying, or employed in agencies and organizations and are on annual leave when called for training, exercises, readiness checks for mobilization and combat preparedness, and mobilization before total mobilization or partial mobilization shall continue to enjoy the remaining days of leave after completing the mission or be compensated with leave at a suitable time.
4. If reserve military personnel suffer injury or death while performing duties, they and their families shall be recognized as war invalids or martyrs and shall be entitled to treatment and policies as prescribed by laws on preferential treatment for persons meritorious to the revolution.
5. When reserve military personnel perform heavy, hazardous, dangerous, extremely heavy, hazardous, or dangerous work as defined by labor laws, they shall be entitled to treatment and policies similar to those for workers performing the same work.
6. Reserve military personnel participating in social insurance and health insurance who fall ill, suffer accidents, die, or experience a reduction in work capacity shall be entitled to treatment and policies as prescribed by laws on social insurance and health insurance; in cases where they do not participate in social insurance and health insurance, they shall be entitled to treatment and policies as prescribed by the Government.
Article 31. Subsidies for the families of reserve military personnel
Families of reserve military personnel shall be entitled to subsidies during the period when the reserve military personnel are concentrated for training, exercises, readiness checks for mobilization and combat preparedness, and mobilization before total mobilization or partial mobilization as prescribed by the Government.
Article 32. Treatment and policies for personnel operating and controlling reserve technical means during mobilization periods
1. Personnel operating and controlling reserve technical means shall be guaranteed food expenses equivalent to those of infantry soldiers; in cases of illness, accidents, injuries, death, reduction in work capacity, or when performing heavy, hazardous, dangerous, extremely heavy, hazardous, or dangerous tasks as stipulated by labor laws, they and their families shall enjoy benefits and policies similar to those for reserve military personnel.
2. Personnel operating and controlling reserve technical means who are currently receiving salaries from the state budget shall have their original salaries, allowances, subsidies, welfare benefits, travel allowances, and transportation costs paid by the agency or organization where they are working; if they are not receiving salaries from the state budget, they shall be paid labor compensation for days worked at the average income level of the three consecutive months prior to mobilization, travel allowances, and transportation costs by the People's Army unit.
Article 33. Sources of funding
1. The state budget shall ensure funding for the construction and mobilization of reserve forces, which shall be allocated in the annual budget estimates of Ministries, ministerial-level agencies, government agencies, and localities according to state budget laws.
2. Other legitimate sources of revenue.
Article 34. Contents of expenditures for constructing and mobilizing reserve forces
1. The Ministry of National Defense shall allocate funds for the following activities:
a) Registering, managing, and health-checking reserve military personnel; registering, managing reserve technical means;
b) Training, drills, readiness inspections for mobilization and combat preparedness of reserve units under main force troops, and training reserve officers;
c) Ensuring equipment and means for mobilization command; building reception stations for reserve military personnel and reserve technical means of reserve units under main force troops;
d) Stockpiling logistics and technical materials for reserve forces under main force troops;
đ) Compensating for losses of reserve technical means and other costs incurred by People's Army units mobilizing them for training, drills, and readiness inspections for mobilization and combat preparedness;
e) Mobilizing and dispatching additional reserve technical means to the regular forces of the People's Army;
g) Stockpiling military equipment for reserve forces nationwide;
h) Paying allowances to reserve military personnel as stipulated in Article 29 of this Law;
i) Training, printing books and forms, summarizing and concluding, ensuring material support for the construction, mobilization, and reception of reserve forces;
k) Mobilizing and receiving reserve forces.
2. Ministries, ministerial-level agencies, and government agencies shall allocate funds for the following activities:
a) Organizing and managing reserve units according to assigned quotas;
b) Training, drills, readiness inspections for mobilization and combat preparedness of specialized reserve units;
c) Mobilizing and transferring reserve units to the regular forces of the People's Army;
d) Stockpiling reserve technical means according to quotas;
đ) Training, printing books and forms, ensuring material support for the construction and mobilization of reserve forces.
3. Provincial People's Committees shall allocate funds for the following activities:
a) Registering, managing reserve military personnel and reserve technical means;
b) Training, drills, readiness inspections for mobilization and combat preparedness of reserve units under local forces, and training reserve officer candidates;
d) Stockpiling logistics and technical materials for reserve forces under local forces;
đ) Compensating for losses of reserve technical means and other costs incurred by provincial People's Committees for training, drills, readiness inspections for mobilization and combat preparedness, and mobilization before total mobilization or partial mobilization;
e) Mobilizing and transferring reserve units to the regular forces of the People's Army;
g) Mobilizing reserve forces before total mobilization or partial mobilization;
h) Providing subsistence allowances to families of reserve military personnel during concentrated training, drills, readiness inspections for mobilization and combat preparedness, and mobilization before total mobilization or partial mobilization;
i) Implementing treatment and policies for personnel operating and controlling mobilized reserve technical means as stipulated by this Law;
k) Training, printing books and forms, ensuring material support for the construction, mobilization, and reception of reserve forces.
a) Registering, managing, and health-checking reserve military personnel; registering, managing reserve technical means; organizing reserve unit activities;
b) Ensuring equipment and means for mobilization command, building centralized reception stations for reserve military personnel and reserve technical means;
c) Stockpiling logistics and technical materials for reserve forces under local forces;
d) Implementing treatment and policies for personnel operating and controlling mobilized reserve technical means as stipulated by this Law;
đ) Concentrating, transporting, and delivering reserve military personnel and reserve technical means.
Chapter IV
RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS IN CONSTRUCTING AND MOBILIZING RESERVE FORCES
CONSTRUCTION AND MOBILIZATION OF RESERVE FORCES
Article 35. Responsibilities of the Government
1. The Government shall uniformly manage state administration over the construction and mobilization of reserve forces.
2. The contents of state management over the construction and mobilization of reserve forces include:
a) Issuing, submitting to competent authorities for issuance, and organizing the implementation of regulatory legal documents on the construction and mobilization of reserve forces;
b) Developing and organizing the implementation of strategies, policies, and plans on the construction and mobilization of reserve forces;
c) Specifying and organizing the implementation of systems and policies on the construction and mobilization of reserve forces;
d) Propagating and disseminating the Party's guidelines and viewpoints, state policies and laws on the construction and mobilization of reserve forces;
e) Inspecting, auditing, handling violations, resolving complaints and denunciations, summarizing and concluding, promoting competition, and awarding commendations regarding the construction and mobilization of reserve forces.
Article 36. Responsibilities of the Ministry of National Defense
The Ministry of National Defense shall be responsible before the Government for managing state administration over the construction and mobilization of reserve forces and shall have the following responsibilities:
1. Submitting to the Government and the Prime Minister for issuance, or issuing within its authority, regulatory legal documents on the construction and mobilization of reserve forces.
2. Leading and coordinating with ministries, ministerial-level agencies, and government agencies in developing national strategies, policies, and plans on the construction and mobilization of reserve forces;
3. Coordinating with ministries, ministerial-level agencies, and government agencies in developing plans on the construction and mobilization of reserve forces for ministries, ministerial-level agencies, and government agencies;
4. Specifying the scale, organizational forms, and number of reserve force units;
5. Leading and coordinating with central ministries, local authorities, and relevant organizations in guiding the construction and mobilization of reserve forces;
6. Directing and guiding military agencies to coordinate with local authorities in constructing, mobilizing, and receiving reserve forces;
7. Leading and coordinating with ministries, central-level agencies, local authorities, and relevant agencies and organizations in inspecting, auditing, handling violations, resolving complaints and denunciations, summarizing and concluding, promoting competition, and awarding commendations regarding the construction and mobilization of reserve forces;
8. Leading and coordinating with ministries, ministerial-level agencies, government agencies, and People's Committees at all levels in building databases for registering and managing reserve military personnel and technical equipment;
9. Implementing other tasks related to the construction and mobilization of reserve forces as prescribed by law.
Article 37. Responsibilities of Ministries, Ministerial-Level Agencies, and Government Agencies
1. Coordinating with the Ministry of National Defense and relevant agencies and organizations in establishing and implementing plans for the construction and mobilization of reserve forces.
2. Directing and guiding subordinate units to establish specialized reserve units ensuring sufficient quantity and quality to meet task requirements.
Article 38. Responsibilities of Local Authorities at All Levels
1. People's Councils at all levels, within their respective duties and powers, shall have the following responsibilities:
a) Deciding on the budget to ensure the construction and mobilization of reserve forces at the local level;
b) Supervising compliance with the Constitution, laws, and implementation of resolutions of the People's Council in the construction and mobilization of reserve forces.
2. People's Committees at all levels, within their respective duties and powers, shall have the following responsibilities:
a) Managing state administration over the construction and mobilization of reserve forces at the local level;
b) Leading and coordinating with People's Army units in implementing the construction, mobilization, and reception of reserve forces.
Article 39. Responsibilities of the Vietnam Fatherland Front and its member organizations
The Vietnam Fatherland Front and its member organizations, within the scope of their tasks and authorities, shall be responsible for propagandizing and mobilizing the people to comply with the laws on the reserve forces; supervising the implementation of laws on the reserve forces.
Article 40. Responsibilities of agencies and organizations
Agencies and organizations where reservists are working, studying, or employed shall be responsible for coordinating with localities to arrange time for reservists to concentrate on training, exercises, readiness checks for mobilization, combat readiness, and performing tasks before reaching a state of general mobilization or partial mobilization; receiving and arranging work for reservists upon completion of training, exercises, readiness checks for mobilization, combat readiness, and completion of tasks.
Chapter V
IMPLEMENTING PROVISIONS
Article 41. Effective Date
1. This Law takes effect from July 1, 2020.
2. The Ordinance on Reserve Forces dated August 27, 1996 shall cease to be effective from the date this Law takes effect.
This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the 8th session of the 14th term, on November 26, 2019.
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