Decree No. 58/2010/ND-CP detailing and guiding the implementation of certain provisions of the Law on Militia and Self-Defense Forces 58/2010/NĐ-CP

✦ 스마트 요약

Decree No. 58/2010/ND-CP details and guides the implementation of certain provisions of the Law on Militia and Self-Defense Forces, including contents on registration and management of militia and self-defense forces, organization of forces, training, and policies for militia and self-defense force officers and soldiers. It applies to Vietnamese citizens regardless of social strata and domestic agencies and organizations.

적용 범위

Vietnamese citizens regardless of ethnicity, religion, social strata, or profession; state agencies, political organizations, socio-political organizations, public service units, economic organizations (agencies and organizations); foreign organizations and individuals residing and operating legally within the territory of Vietnam.

핵심 사항

Citizens within the age specified in Article 9 of the Law on Militia and Self-Defense Forces have the responsibility to register at the commune level or at agencies and organizations (Article 3).
The Chairman of the People's Committee at the commune level and the heads of agencies and organizations are responsible for organizing initial registration and supplementary registration for citizens within the age required to fulfill militia and self-defense duties; compiling and categorizing the quantity and quality of citizens meeting the conditions for selection into the militia and self-defense forces (Article 3).
Citizens selected into core militia and self-defense forces will be issued a Certificate of Core Militia and Self-Defense Force Member (Article 4).
The Military Command at the commune level, the Military Command of agencies and organizations at the grassroots level, and unit commanders where there is no Military Command shall carry out the registration and management of citizens within the age required to fulfill militia and self-defense duties (Article 3).
Citizens meeting the criteria stipulated in Clause 1 of Article 11 of the Law on Militia and Self-Defense Forces; having a voluntary application to join the militia and self-defense forces and local militia and self-defense force units arranging organizational structure and staffing to determine core militia and self-defense force members (Article 5).

🌐 이 문서의 사회적 영향

Positive impact: Strengthening the readiness of militia and self-defense forces, improving the quality of training and policies for militia and self-defense force officers and soldiers.
Negative impact: Increased costs for businesses when they must allocate funds for employees to perform militia and self-defense duties in the locality where the business operates (Article 47).

❓ 자주 묻는 질문

Which citizens are responsible for registering citizens within the age required to fulfill militia and self-defense duties?

Citizens within the age specified in Article 9 of the Law on Militia and Self-Defense Forces have the responsibility to register at the commune level or at agencies and organizations (Article 3).

What responsibilities do the Chairman of the People's Committee at the commune level and the heads of agencies and organizations have?

The Chairman of the People's Committee at the commune level and the heads of agencies and organizations are responsible for organizing initial registration and supplementary registration for citizens within the age required to fulfill militia and self-defense duties; compiling and categorizing the quantity and quality of citizens meeting the conditions for selection into the militia and self-defense forces (Article 3).

What benefits will citizens selected into core militia and self-defense forces receive?

Citizens selected into core militia and self-defense forces will be issued a Certificate of Core Militia and Self-Defense Force Member (Article 4).

What responsibilities do the Military Command at the commune level and the Military Command of agencies and organizations at the grassroots level have in registering citizens?

The Military Command at the commune level and the Military Command of agencies and organizations at the grassroots level are responsible for carrying out the registration and management of citizens within the age required to fulfill militia and self-defense duties; compiling and summarizing the results of registration, management, and selection of citizens within the age required to fulfill militia and self-defense duties (Article 3).

What criteria must citizens meet to be determined as core militia and self-defense force members?

Citizens meeting the criteria stipulated in Clause 1 of Article 11 of the Law on Militia and Self-Defense Forces; having a voluntary application to join the militia and self-defense forces and local militia and self-defense force units arranging organizational structure and staffing (Article 5).

전문

DECREE

This Decree provides detailed regulations and guidance on implementing certain Articles of the Law on Militia and Self-Defense Force.

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Militia and Self-defense dated November 23, 2009;

Upon the proposal of the Minister of National Defense,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of application

This Decree provides detailed regulations on Article 19, Clause 1 of Article 21, Clause 3 of Article 23, Article 25, Clause 2 of Article 26, Clause 2 of Article 27, Clause 2 of Article 45, Article 46, Clause 2 of Article 48, Clause 3 of Article 51, Article 52 of the Law on Militia and Self-Defense Force, and guidance on certain contents of the Law on Militia and Self-Defense Force regarding registration and management of militia and self-defense force, organizational scale of militia and self-defense force, People's Military Command at commune, ward, town level (hereinafter referred to collectively as commune level), People's Military Command of agencies and organizations at grassroots level, weapons and equipment of militia and self-defense force forces, training, nurturing, and instructing cadres, core militia and self-defense force training, activities of core militia and self-defense force, and state management contents on militia and self-defense force.

Article 2. Applicability

1. Vietnamese citizens, regardless of ethnicity, religion, social stratum, or profession; state agencies, political organizations, socio-political organizations, public service units, economic organizations (hereinafter referred to collectively as agencies and organizations) must comply with the provisions of the Law on Militia and Self-Defense Force and the provisions of this Decree.

2. Foreign organizations and individuals residing and operating legally within the territory of the Socialist Republic of Vietnam. In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions from those of the Law on Militia and Self-Defense Force and this Decree, the provisions of such international treaties shall be applied.

Article 3. Registration of Citizens Within the Age for Performing Militia and Self-Defense Force Duties

1. Citizens within the age specified in Article 9 of the Law on Militia and Self-Defense Force have the responsibility to register at the commune level or at agencies and organizations.

2. The Chairman of the People's Committee at the commune level, the head of agencies and organizations are responsible for organizing initial registration and supplementary registration for citizens within the age for performing militia and self-defense force duties; compiling and categorizing the number and quality of citizens meeting the conditions for selection into the militia and self-defense force.

3. Responsibilities for registration and management:

a) Every April each year, the People's Military Command at the commune level, the People's Military Command of agencies and organizations at grassroots level, and the commander of self-defense units where there is no People's Military Command shall carry out the registration and management of citizens within the age for performing militia and self-defense force duties; compile and report the results of registration, management, and selection of citizens within the age for performing militia and self-defense force duties to the Chairman of the People's Committee at the commune level, the head of agencies and organizations, and the People's Military Command at district, city district, town, and provincial city levels (hereinafter referred to collectively as district level).

b) The People's Military Command at the district level; the Military Command of provinces and centrally-administered cities (hereinafter referred to collectively as provincial level) shall compile and report the results of registration and management of citizens within the age for performing militia and self-defense force duties to the People's Committee at the same level and the superior military agency.

c) The Military Region Command, the Capital Military Command of Hanoi shall compile and report the results of registration and management of citizens within the age for performing militia and self-defense force duties to the General Staff Department.

Article 4. Issuance of Certificate for Core Militia and Self-Defense Force Members

1. Citizens selected into the core militia and self-defense force shall be issued a Certificate for Core Militia and Self-Defense Force Member.

2. The Chairman of the People's Committee at the commune level, the head of agencies and organizations shall decide on the issuance of the Certificate for Core Militia and Self-Defense Force Member.

Article 5. Basis for determining the core self-defense militia

1. Citizens meeting the criteria stipulated in Clause 1, Article 11 of the Law on Self-Defense Militia; voluntarily submitting an application to join the self-defense militia.

2. Local self-defense militia units, agencies, and organizations arrange organizational structure and staffing.

Article 6. Key defense-security communes

1. Key communes in terms of defense and security are border communes; island communes; coastal communes, inland communes with significant political, economic, cultural-social, defense-security positions, or communes with frequently complex security-political situations.

2. The determination of key communes in terms of defense and security is proposed by the Chairman of the People's Committee at the provincial level; reviewed and decided upon by the Commander of the Military Region according to the authorization of the Minister of National Defense.

The Commander of the Hanoi Capital Command is responsible for assisting the Chairman of the People's Committee of Hanoi City in proposing the Chief of General Staff to review and decide.

3. Annually, localities review and propose adjustments and supplements to key communes in terms of defense and security.

Article 7. State management content regarding the self-defense militia

1. Directing strategic guidelines for building and implementing planning, plans, and policies for the self-defense militia.

2. Issuing guiding documents to implement the Law on Self-Defense Militia; implementing systems and policies to ensure organization, training, and activities of the self-defense militia.

3. Propaganda, dissemination, education, and guidance on organizing the implementation of legal documents concerning the self-defense militia.

4. Planning and organizing the construction of forces, training, activities; managing, researching military science and art, summarizing practical experience and history related to the self-defense militia.

5. Exchanging experiences and international cooperation on the self-defense militia.

6. Preliminary summary, comprehensive summary, and implementation of commendation work related to the self-defense militia.

7. Inspection, supervision, handling complaints, denunciations, and violations of laws related to the self-defense militia.

Chapter II

ORGANIZATION, STAFFING AND WEAPONS AND EQUIPMENT OF THE SELF-DEFENSE MILITIA

Article 8. Number of self-defense militia members

1. Based on population, territory, population distribution, defense-military requirements, and security-political, economic, cultural, social conditions of each locality, agency, and organization to build a reasonable number of self-defense militia members, enhancing overall quality.

2. The number of self-defense militia members at commune, district, provincial levels, and agencies and organizations is prescribed by the Minister of National Defense.

Article 9. Organization of self-defense militia at the district level

1. At the district level, organize mobile platoons or companies of self-defense militia, usually located near the district center for easy mobilization.

2. Depending on district-level defense-military requirements, anti-aircraft platoons, artillery platoons, or rotating duty platoons may be organized.

3. The Military Command at the district level directly organizes, ensures training, and commands activities of the self-defense militia units specified in Clauses 1 and 2 of this Article; the Military Command at the commune level, the Military Command of agencies and organizations at the grassroots level assist the Military Command at the district level in regularly managing these forces.

Article 10. Organization of self-defense militia at the provincial level

At the provincial level, organize anti-aircraft companies and artillery companies when there are requirements; the Provincial Military Command directly organizes, ensures training, and commands activities; the Military Command at the district level, the Military Command at the commune level, and the Military Command of agencies and organizations at the grassroots level assist the Provincial Military Command in regularly managing these forces.

Article 11. Organization of Coastal Militia and Self-Defense Forces

1. Coastal communes, island communes, and communes with vessels and equipment operating at sea shall organize coastal militia units from platoons to medium companies.

2. Organizations and agencies with vessels and equipment operating at sea shall organize self-defense forces from platoons, medium companies, naval squadrons to naval battalions.

3. Cooperatives with vessels and equipment operating at sea shall organize self-defense forces from platoons to medium companies.

4. The Minister of National Defense shall stipulate the organization, staffing, weapons, equipment, management, and training of the coastal militia and self-defense forces.

Article 12. Conditions for Organizing Self-Defense Forces in Enterprises

1. Self-defense forces in enterprises shall be organized when the following conditions are met:

a) Ensuring the leadership of the Party, the management of provincial and district authorities, and the direct command of local military agencies at all levels;

b) The enterprise has been engaged in production and business operations for at least 12 months; it has a workforce of at least 50 employees, who have labor contracts of at least six months within the age range required for participation in the militia and self-defense forces.

2. In cases where an enterprise is divided, merged, consolidated, or converted, if the enterprise already has a self-defense unit, it may retain its existing structure, reinforce, or establish a new unit without needing to meet the 12-month operational requirement; if it does not yet have a self-defense unit, it must comply with Clause 1 of this Article.

3. For enterprises with a smaller organizational workforce than specified in point b of Clause 1 of this Article, due to the nature of their production and business activities related to defense tasks and combat readiness, they may organize self-defense forces.

Article 13. Procedures for Organizing Self-Defense Forces in Enterprises

1. Based on national defense and security requirements and the plan for building the militia and self-defense forces of the locality, the provincial and district-level military agencies shall work together with the enterprise's owner or their authorized representative to conduct surveys and grasp the situation regarding the organization of labor, production, and business operations of the enterprise; the enterprise's owner or their authorized representative must report a list of employees within the age range required for participation in the militia and self-defense forces and cooperate with the district and provincial military agencies to build self-defense forces in the enterprise.

2. The Provincial Military Command shall develop plans or proposals for organizing self-defense forces in enterprises within the province, submit them for approval by the Chairman of the People's Committee at the same level.

3. The District Military Command shall guide enterprises in organizing self-defense forces according to the approved plans or proposals for organizing self-defense forces.

4. The enterprise's owner or their authorized representative shall cooperate with the local military agency to establish the self-defense unit.

Article 14. Organization for Employees to Fulfill Their Obligation to Participate in the Local Militia

1. Employees within the age range required for participation in the militia and self-defense forces who have labor contracts of at least six months in enterprises operating in the locality but have not yet organized self-defense forces may be considered and selected into the commune-level militia force where the enterprise operates.

2. The enterprise's owner or their authorized representative shall be responsible for providing a list of employees within the age range required for participation in the militia and self-defense forces of the enterprise to the People's Committee of the commune where the enterprise operates and cooperate in selecting them into the militia force, ensuring the regime for employees participating in the militia to engage in activities, training, and operations according to the plan of the District Military Command.

Article 15. Number, standards, and selection of Deputy Chief of the People's Militia Self-Defense Force Board at the commune level

1. Each commune shall be allocated 01 Deputy Chief of the People's Militia Self-Defense Force Board; for key communes in terms of national defense and security, type 1 communes, and type 2 communes, up to 02 Deputy Chiefs of the People's Militia Self-Defense Force Board may be allocated. Based on the requirements and tasks of national defense and security of the locality, the Provincial People's Committee shall consider allocating cadres to assume the role of Chief of the People's Militia Self-Defense Force Board within the additional number specified in Clause 1 of Article 4 of Decree No. 92/2009/ND-CP dated October 22, 2009 of the Government on the titles, number, and some systems and policies for cadres and civil servants at communes, wards, towns, and non-professional staff at the commune level (hereinafter referred to as Decree No. 92/2009/ND-CP).

2. Vietnamese citizens who have fulfilled their obligation to participate in the civilian militia or worked in the locality for two years or more, or completed their military service, and meet the following criteria shall be considered and selected as Deputy Chiefs of the People's Militia Self-Defense Force Board at the commune level:

a) Clear background, good moral character; themselves and their families comply well with the Party's guidelines, policies, and State laws;

b) Are members of the Communist Party of Vietnam or have the conditions to become members of the Communist Party of Vietnam;

c) Be in good health, capable of performing the duties and responsibilities of Deputy Chief of the People's Militia Self-Defense Force Board at the commune level, and submit a voluntary application;

d) Have graduated from high school or equivalent; for border areas, island communes, mountainous regions, remote and far-flung areas where there are not enough candidates meeting the educational qualifications stipulated herein, the educational qualifications may be lower but must complete the secondary school curriculum or higher.

Article 16. Relationships of the People's Militia Self-Defense Force Board at the commune level

1. With the Party Committee and the Commune People's Committee: subject to direct leadership and guidance by the Party Committee, and direct management and administration by the Commune People's Committee regarding national defense, military affairs, national defense education and security, registration and management of male citizens of conscription age, recruitment work, civil defense, organization building, training, and activities of the civilian militia under its jurisdiction (hereinafter collectively referred to as national defense, civil defense, and civilian militia work).

2. With the superior military authority: subject to direction, guidance, inspection, audit, and compliance with orders from the superior military authority's Chief regarding national defense, civil defense, and civilian militia work.

3. With other Departments, sectors, and mass organizations:

a) Take the lead in coordinating and cooperating with other Departments, sectors, and mass organizations at the same level to provide advisory services and organize the implementation of national defense, civil defense, and civilian militia work under their jurisdiction;

b) Cooperate with the Public Security Office at the commune level to provide advisory services and organize the implementation of tasks related to political security protection and social order and safety within their jurisdiction according to their functions, tasks, and authorities as prescribed by law.

4. With units not under the commune's jurisdiction but located within its territory: coordinate and cooperate to implement national defense, civil defense, and civilian militia work according to plans approved by the People's Militia Self-Defense Force Board at the district level.

5. With forces under their jurisdiction: directly command, manage, and direct the implementation of national defense, civil defense, and civilian militia tasks.

Article 17. Conditions for establishing the Military Command Board of agencies and organizations at the grassroots level

1. Having the Communist Party of Vietnam organization.

2. Ensuring state management over civilian defense forces.

3. Having a self-defense organization, reserve mobilization force, sources ready for enlistment, and implementing recruitment work in accordance with the provisions of the law.

Article 18. Relationships; number of Deputy Commanders of the Military Command Board of agencies and organizations at the grassroots level

1. With respect to the Party’s Central Committee, the head of the agency or organization: subject to leadership and guidance from the Party’s Central Committee, management and direction from the head of the agency or organization regarding national defense, military affairs, national defense education and security, registration and management of male citizens of conscription age, recruitment work, civil defense related to national defense, organization, training, and activities of the self-defense force under their authority (hereinafter referred to collectively as national defense work, civil defense work, and self-defense work).

2. With respect to the military office at the district and provincial levels: subject to direct guidance and compliance with orders from the commander of the military office at the district and provincial levels regarding national defense, civil defense, and self-defense work.

3. With respect to the Military Command Board of central ministries and sectors: subject to guidance and direction on certain aspects of national defense work, civil defense, and self-defense work, and plans, master plans, and development projects combining economic and social development with national defense consolidation and security mobilization plans.

4. With respect to agencies and units within the agency or organization: coordinating to organize the implementation of tasks to protect political security, public order, and social safety in the area.

5. With respect to the Military Command Board and self-defense units under their authority: directly managing and commanding self-defense units and reserve military personnel under their authority to perform national defense, civil defense, and self-defense work tasks.

6. The Military Command Board of agencies and organizations at the grassroots level shall arrange for one Deputy Commander; based on the nature, management tasks, and requirements of national defense, civil defense, and self-defense work of the agency or organization, two to three Deputy Commanders may be arranged.

Article 19. Tasks, powers, and coordination mechanisms; number of Deputy Commanders of the Military Command Board of central ministries and sectors

1. The Military Command Board of central ministries, agencies equivalent to ministries, agencies under the Government, Central Party Committees, Office of the National Assembly, Office of the President, State Audit Agency, Supreme People's Procuracy, Supreme People's Court, central agencies of political-social organizations, economic groups, and state-owned corporations established by the Prime Minister's decision (hereinafter referred to collectively as the Military Command Board of central ministries and sectors) shall have the following tasks and powers:

a) Advising the Board of Party Members, Party Group, Party Committee, and the head of the central ministry or sector on leading and directing comprehensive national defense education for cadres, civil servants, public officials, and employees in agencies and units under their management; coordinating with the Ministry of Defense, the Ministry of Education and Training, and other relevant agencies to organize training in national defense and security knowledge, and national defense and security education for cadres, civil servants, students, and trainees in accordance with the law;

b) Advising the Board of Party Members, Party Group, Party Committee, and the head of the central ministry or sector on closely integrating economic and social development with strengthening national defense and security, reviewing plans, master plans, and development projects related to national defense and security in accordance with the law; performing civil defense tasks and national defense mobilization tasks at the ministry or sector according to state targets;

c) Advising the Board of Party Members, Party Group, Party Committee, and the head of the central ministry or sector on coordinating with the Ministry of Defense, other ministries, sectors, and localities to build a comprehensive people's defense system, a people's defense posture combined with a people's security posture, building grassroots agencies and units comprehensively strong, participating in building provinces into solid defense areas; coordinating and directing exercises in the defense area under their management;

d) Directing agencies and units under the ministry or sector to closely coordinate with local military offices to implement organizational, training, and operational tasks of the self-defense force; building and mobilizing the reserve force; recruitment; participating in building local armed forces; coordinating with local military offices to direct subordinate units to organize registration, management, storage, and use of weapons and equipment of self-defense units under their authority;

đ) Taking the lead or coordinating with military regions and provincial military commands to organize competitions, exercises, and drills for self-defense forces under their ministry or sector according to the guidance of the Ministry of Defense;

e) Implementing political work, commendation and reward work regarding national defense, military, national defense and security education, civil defense, and self-defense tasks;

g) Directing agencies and units under their authority to coordinate with local military offices to develop local logistical and technical support plans to meet the requirements and tasks of national defense and military of the ministry or sector;

h) Assisting the head of the central ministry or sector to coordinate with functional agencies of the Ministry of Defense to organize inspections, audits, mid-term reviews, and final summaries to draw lessons learned on national defense, military, national defense and security education, civil defense, and self-defense work.

2. Coordination mechanism for operations:

a) With respect to the Board of Party Members, Party Group, Party Committee, and the head of the central ministry or sector: subject to leadership and guidance from the Board of Party Members, Party Group, Party Committee, and management and direction from the head of the central ministry or sector regarding national defense, civil defense, and self-defense work;

b) With respect to the Ministry of Defense: subject to guidance on national defense, military, national defense and security education, civil defense, and self-defense work; political work, commendation and reward work on the aspects of work stipulated herein.

c) For the Military Commanders of the Military Zones, the Military Commander of Hanoi Capital, the Military Commanders of the Corps and Services, the Border Guard Military Command, provincial-level military agencies, and district-level military agencies: to take the lead or coordinate in directing, guiding, inspecting, and auditing the implementation of national defense work, civil defense, and self-defense activities of subordinate agencies and units within their jurisdiction.

d) For agencies and units under their respective Ministries and sectors: to take the lead or coordinate in advising and directly directing, managing, and implementing national defense work, civil defense, and self-defense activities.

đ) For the Standing Office of the Ministry of National Defense regarding national defense work at Ministries, agencies equivalent to Ministries, government agencies, and localities: to be responsible for reporting on the results of national defense work, civil defense, and self-defense activities; to coordinate in implementing inspection plans, audits, meetings, mid-term reviews, final summaries, competitive activities, and commendations according to regulations of the Ministry of National Defense.

3. The Military Command of the central Ministries and sectors shall allocate one Deputy Commander based on the nature, management tasks, and requirements of national defense, civil defense, and self-defense activities of each Ministry and sector, allocating two to three Deputy Commanders if necessary.

Article 20. Responsibilities, Tasks, Relationships, and Operational Regulations of the Military Command

1. The operations of the Military Commands at the commune level, Military Commands of organizations at the grassroots level, and the Military Commands of central Ministries and sectors shall comply with the Law on Militia and Self-Defense, and Decree No. 119/2004/NĐ-CP dated May 11, 2004 of the Government on national defense work at Ministries, agencies equivalent to Ministries, government agencies, and localities.

2. The Minister of National Defense shall stipulate the responsibilities, tasks, relationships of the Commanders, Deputy Commanders, Political Commissars, and Deputy Political Commissars, and the operational regulations of the Military Commands at the commune level, Military Commands of organizations at the grassroots level, and the Military Commands of central Ministries and sectors.

Article 21. Cap Badges, Insignias, and Uniforms of Core Militia and Self-Defense Forces

1. Standards and Service Life:

a) For the Commanders and Deputy Commanders of Commune-level Military Commands, and the Platoon Leaders of Commune-level Mobile Militia Platoons: to be issued one set of winter uniforms and one set of spring/summer uniforms, one necktie in the first year; thereafter, every year, one set of either winter or spring/summer uniforms will be issued; annually, one pair of low-cut black leather shoes, one pair of canvas shoes, and two pairs of socks will be issued; every two years, one hard hat, one soft hat, one small belt, one hard hat badge, and one soft hat badge will be issued; every three years, one raincoat and one necktie will be issued.

b) For the Commanders, Political Commissars, Deputy Commanders, and Deputy Political Commissars of Central-level Military Commands, Military Commands of organizations at the grassroots level, Political Commissars and Deputy Political Commissars of Commune-level Military Commands, Village Platoon Leaders, and Unit Leaders of Militia and Self-Defense Forces from Platoon Leaders upwards excluding the Platoon Leader of the Commune-level Mobile Militia Platoon specified in point a of Clause 1 of this Article: to be issued one set of winter uniforms and one set of spring/summer uniforms, one necktie, one pair of low-cut black leather shoes, one pair of canvas shoes, and two pairs of socks in the first year; thereafter, every two years, one set of either winter or spring/summer uniforms, one pair of low-cut black leather shoes will be issued; every three years, one hard hat, one soft hat, one small belt, one raincoat, one necktie, one hard hat badge, and one soft hat badge will be issued.

c) For Platoon Leaders and equivalents, Mobile Militia Soldiers, and Coastal Militia Soldiers: to be issued two sets of soldier uniforms, one pair of canvas shoes, two pairs of socks, one hard hat, one soft hat, one hard hat badge, one soft hat badge, one raincoat, and one small belt in the first year; thereafter, every year, one set of soldier uniforms, one pair of canvas shoes, and one pair of socks will be issued; every two years, one hard hat, one soft hat, one small belt, one hard hat badge, one soft hat badge will be issued; every three years, one raincoat will be issued.

d) For Platoon Leaders and Regular Militia Soldiers: to be issued two sets of soldier uniforms, two pairs of canvas shoes, two pairs of socks, one hard hat, one soft hat, one hard hat badge, one soft hat badge, one raincoat, and one small belt in the first year; thereafter, every six months, one set of soldier uniforms, one pair of canvas shoes, and one pair of socks will be issued; every two years, one hard hat, one soft hat, one small belt, one raincoat, one hard hat badge, and one soft hat badge will be issued.

đ) For Platoon Leaders and equivalents, Militia Soldiers stationed locally, Anti-Aircraft Militia Soldiers, Artillery Militia Soldiers, Engineering Militia Soldiers, Reconnaissance Militia Soldiers, Communication Militia Soldiers, Chemical Defense Militia Soldiers, and Medical Militia Soldiers: to be issued two sets of soldier uniforms, one pair of canvas shoes, two pairs of socks, one hard hat, one soft hat, one hard hat badge, one soft hat badge, one raincoat, and one small belt in the first year; thereafter, every two years, one set of soldier uniforms, one pair of canvas shoes, and one pair of socks will be issued; every three years, one hard hat, one soft hat, one small belt, one hard hat badge, one soft hat badge, and one raincoat will be issued.

e) Blankets, mosquito nets, and warm coats have a service life of four years, while mats have a service life of eighteen months.

2. The style, color, quality, management, and use of uniforms, cap badges, and insignias of core militia and self-defense forces are detailed in the appendices to this Decree. The Prime Minister decides on changes to the style, color, and quality of uniforms for core militia and self-defense forces.

Article 22. Certificate for Core Militia Self-Defense Force Members

1. The certificate for core militia self-defense force members includes:

a) Certificate of core militia self-defense force member;

b) Certificate of completion of duty in the core militia self-defense force;

c) Permit to use weapons.

2. The Minister of National Defense shall stipulate the model, management, and use of certificates for core militia self-defense force members.

Article 23. Office or Workroom and Specialized Military Equipment of the Military Command Board at the Commune Level

1. Where conditions permit, the commune level shall construct an office for the Military Command Board to ensure rest and living spaces for militia forces and reserve forces when mobilized to perform tasks; where conditions do not permit construction of a separate office, workrooms with sufficient area for meetings, briefings, and rotating readiness duties for the militia forces shall be arranged, along with desks, chairs, file cabinets, safes for storing firearms, support tools, training materials, shared uniforms, telephones, and other necessary materials.

2. The list of specialized military equipment at the office or workroom of the Military Command Board at the commune level shall be stipulated by the Minister of National Defense.

Article 24. Seal of the Military Command Board

1. The seal of the Military Command Board at the commune level, the Military Command Board of agencies and organizations at the grassroots level, and the Military Command Board of central ministries and sectors shall be used for tasks related to national defense, military affairs, national defense education and security, civil defense, and militia self-defense activities; the seal represents the legal position and confirms the legal value of documents issued by the Military Command Board at the commune level, the Military Command Board of agencies and organizations at the grassroots level, and the Military Command Board of central ministries and sectors. The seal must be managed according to the provisions of the law.

2. The Ministry of National Defense shall take the lead in coordinating with the Ministry of Public Security to guide the model, engraving, management, and use of seals for the Military Command Board at the commune level, the Military Command Board of agencies and organizations at the grassroots level, and the Military Command Board of central ministries and sectors.

Article 25. Weapons and Equipment of the Militia Self-Defense Force

1. Sources of weapons for the militia self-defense force include: military-use weapons provided by the Ministry of National Defense; self-made weapons and support tools produced or purchased by localities.

2. Weapons, equipment, and support tools of the militia self-defense force from any source must be registered, strictly managed, and used for their intended purposes in accordance with the law. The Minister of National Defense shall stipulate the categories of personnel eligible for weapons and support tools, as well as the types of weapons and support tools.

Chapter III

TRAINING AND RECRUITMENT OBJECTIVES, REQUIREMENTS, FORMS, AND BASES FOR MILITIA SELF-DEFENSE FORCE CORE MEMBERS

Article 26. Training Objectives, Requirements, Forms, and Bases

1. Objectives:

Determining the Administrative Reform Index to monitor and evaluate in a substantive, objective, and fair manner the annual implementation results of administrative reform of ministries, agencies equivalent to ministries (referred to as ministries), and people's committees of provinces and central-supervised cities (referred to as provinces) during the implementation of the Comprehensive Program on Administrative Reform of State Agencies for the 2011-2020 period.

Training of military officers of the Military Command Board at the commune level should reach the level of vocational college, college, or university in basic military studies; they should have firm political resolve, professional competence equivalent to reserve officers at the platoon level or above; theoretical political and state administration levels from intermediate upwards; knowledge and skills to effectively fulfill the responsibilities and tasks of the Chief of the Military Command Board at the commune level, contributing to enhancing the quality of grassroots-level political system operations.

b) Specific Objectives:

- By 2015, 100% of Chiefs and Deputy Chiefs of the Military Command Board at the commune level should be trained in vocational college-level basic military studies, with 35% to 50% of Chiefs and Deputy Chiefs reaching college or university-level basic military studies;

- By 2020, 70% to 80% of Chiefs and Deputy Chiefs of the Military Command Board at the commune level should reach college or university-level basic military studies.

2. The remaining 60% shall be used to supplement the operating funds of units directly responsible for public debt management at the Ministry of Finance (outside the regular state budget allocation for ongoing operations as currently provided) for the purposes specified in Article 4 of this Decision.

a) Meeting the requirements of development for national defense, military, national defense education and security, civil defense, and building armed forces at the commune level;

b) Ensuring feasibility;

c) Ensuring synchronization and continuity within the cadre of commune-level Military Command Board Chiefs;

d) Gradually standardizing and rejuvenating the cadre, continuously improving the quality of commune-level Military Command Board cadres, contributing to innovation and enhancement of the quality of the grassroots-level political system.

3. Training forms:

a) Regular centralized training;

b) Linked and cooperative training.

4. Training bases:

a) Vocational college-level basic military studies training at provincial military schools;

b) College-level basic military studies training at military schools of military regions and the Military Command Board of Hanoi Capital Command;

c) University-level basic military studies training at officer schools and academies under the Ministry of National Defense.

5. The Prime Minister shall approve the Plan and Project for training commune-level Military Command Board cadres to reach college and university levels from 2010 to 2020.

Article 27. Training of Militia and Self-Defense Force Cadres

1. Objectives:

Training on basic knowledge about Marxist-Leninist theory, Ho Chi Minh Thought, the Party's viewpoints and policies on politics, economy, cultural society, national defense-security and foreign affairs; Party work, political work; contents and methods for advising the Party's leadership and administrative authorities on implementing national defense-military work, national defense education and civil defense work, militia and self-defense force work to enhance moral qualities and organizational implementation capabilities according to assigned tasks and responsibilities.

a) Mastering the contents of the Party's viewpoints and policies on politics, economy, cultural society, national defense-security, and foreign affairs. The contents and methods for advising leaders and heads of agencies and organizations on implementing national defense-military work, national defense education and civil defense work, militia and self-defense force work, national defense mobilization work, and correctly assessing the essence and tricks of hostile forces.

b) Applying learned knowledge to link theory with practice in implementing national defense-military work, national defense education and civil defense work, militia and self-defense force work, and national defense mobilization work according to assigned responsibilities.

c) During the time serving the positions specified in Clause 1, Article 33 of the Militia and Self-Defense Force Law, at least once receiving training at the provincial military school, military zone military school, and schools and academies under the Ministry of National Defense.

Article 28. Training of Cadres

1. Objectives:

Unifying the contents, programs, organizing and implementing methods for national defense-military work, national defense education and civil defense work, militia and self-defense force work; updating new contents on the Party's viewpoints, policies, and state laws, tasks of national defense-military work at all levels; enhancing organizational implementation capabilities according to assigned tasks and responsibilities.

a) Firmly grasping the training contents, improving professional expertise, advisory capabilities for the Party's leadership and local administrative authorities, and heads of agencies and organizations.

b) Firmly grasping assigned responsibilities and duties, applying acquired knowledge to effectively implement national defense-military work, national defense education and civil defense work, militia and self-defense force work.

c) Annually, the Military Command of districts, Provincial Military Commands, military zones, and the Ministry of National Defense organize training for militia and self-defense force cadres as stipulated in Clause 2, Article 33 of the Militia and Self-Defense Force Law.

Article 29. Training of Militia and Self-Defense Force Soldiers

1. Objectives:

a) In the first year, militia and self-defense force soldiers understand the position and tasks of the militia and self-defense force in the new situation; the strategic plot of "peaceful evolution" and causing riots to overthrow by hostile forces; mastering and knowing how to use equipped weapons, individual and group tactics; having the ability to complete assigned tasks.

b) Mobile and stationary militia and self-defense force soldiers from the second to fourth years understand clearly the strategic plot of "peaceful evolution" and causing riots to overthrow by hostile forces; understanding local national defense and military tasks; infantry combat techniques, using homemade weapons, platoon and company militia and self-defense force tactics, civil defense; having the ability to perform tasks prescribed in Article 8 of the Militia and Self-Defense Force Law; from the fifth year onwards, they receive advanced professional training according to local requirements; based on the framework program prescribed by the Ministry of National Defense, the Provincial Military Command prescribes specific requirements and contents.

c) Anti-aircraft, artillery, engineering, communication, reconnaissance, chemical defense, medical, maritime militia and self-defense force soldiers from the second to fourth years understand clearly the strategic plot of "peaceful evolution" and causing riots to overthrow by hostile forces; understanding local national defense and military tasks; mastering anti-aircraft, artillery, engineering, communication, reconnaissance, chemical defense, medical, civil defense, and maritime militia and self-defense force techniques and tactics; having the ability to perform tasks prescribed in Article 8 of the Militia and Self-Defense Force Law; from the fifth year onwards, they receive advanced professional and specialized training linked to combat readiness, combat, and civil defense tasks according to local requirements; based on the framework program prescribed by the Ministry of National Defense, the Provincial Military Command prescribes specific requirements and contents.

d) Regular militia soldiers firmly grasp the strategic plot of "peaceful evolution" and causing riots to overthrow by hostile forces; understanding local national defense and military tasks; proficient in infantry combat techniques, close combat techniques, skillfully using homemade weapons, militia and self-defense force platoon and company tactics, civil defense; mastering and understanding border, sea, island, and national security laws; having the ability to complete tasks prescribed in Article 8 of the Militia and Self-Defense Force Law well.

a) First-year militia and self-defense force soldiers firmly grasp the responsibilities and tasks of militia and self-defense force, basic contents on techniques and usage of equipped weapons, proficient in individual tactics, know group tactics; applying learned knowledge to perform assigned tasks.

b) Mobile and stationary militia and self-defense force soldiers from the second to fourth years firmly grasp responsibilities and tasks, skillfully use equipped weapons, company-level tactics, and civil defense activities; combining training with improving combat readiness, coordinating with other forces to maintain social order and safety, and other activities at the grassroots level.

c) Anti-aircraft, artillery, engineering, communication, reconnaissance, chemical defense, medical, maritime militia and self-defense force soldiers from the second to fourth years firmly grasp responsibilities and tasks, proficient in specialized techniques and tactics, joint training with other forces according to combat readiness plans and participating in other activities.

Article 30. Material Assurance for Training

1. The Ministry of National Defense shall ensure the training programs, textbooks, materials, and models of various types of teaching aids and training materials.

2. People's Committees at all levels and heads of agencies and organizations shall ensure drill grounds, training fields, and materials for training, education, and instruction for self-defense militia.

Chapter IV

ACTIVITIES OF THE CORE SELF-DEFENSE MILITIA

Article 31. General Principles

1. Activities of the self-defense militia are under the leadership of the Party's local committee; management and operation by the People's Committee, heads of agencies and organizations; guidance and command by the Military Zone, provincial military command, and district military command; command by the Military Command Board of the commune, and the Military Command Board of agencies and organizations at the grassroots level.

2. When performing activities, the self-defense militia must comply with their functions, tasks, and powers as prescribed by law.

3. Activities of the self-defense militia must be tied to administrative areas, production and business establishments within their assigned scope of responsibility; when operating outside the scope specified in this clause, they must be decided by the competent authority as stipulated in Article 44 of the Law on Self-Defense Militia.

4. In handling cases of violations of national sovereignty over border security; sovereignty and sovereign rights over Vietnam’s seas and islands; political security, social order, and public safety; protection and prevention of forest fires, they must be resolute, cautious, and comply with the provisions of the laws of the Socialist Republic of Vietnam and relevant international treaties, respecting the legitimate rights and interests of agencies, organizations, and individuals.

5. When coordinating activities with other forces, they must ensure unity and support among forces in carrying out tasks without affecting the functions and responsibilities of each force; they must maintain confidentiality about plans and measures according to the regulations of the authorized commander.

Article 32. Activities to Maintain Political Security and Social Order

1. The regular content of activities of the self-defense militia in maintaining political security and social order:

a) Exchanging and processing information on political security and social order with related forces in the locality;

b) Independently or in coordination with forces in the locality to conduct patrols and guard the targets assigned;

c) Participating in preventing and combating crime, eliminating social evils; mobilizing the people to participate in the nationwide movement to protect national security and maintaining traffic order and safety;

d) Managing weapons, explosives, and auxiliary tools;

đ) Conducting training and exercises according to plans to maintain political security and social order.

2. Content of activities of the self-defense militia in specific situations:

a) When disputes and complaints involve acts of law violation: coordinating with forces to carry out propaganda and mobilization work among the people; coordinating with the Public Security Force and other forces to conduct patrols and guard the assigned targets; detecting, preventing, and apprehending those disrupting public order and violating the law;

b) When there is destruction of state, collective, and people's property: coordinating with the Public Security Force to arrest the ringleaders and instigators; supporting the Public Security Force in rescuing officials who are held hostage; conducting propaganda and mobilization among the people; reinforcing the guarding of assigned targets; blocking key transportation nodes; participating in dispersing crowds and restoring order;

c) When a political riot occurs: coordinating with functional forces in the locality to persuade and call upon the captors to surrender; conducting propaganda, explanation, and mobilization among the people, dispersing demonstrations; supporting the Public Security Force in arresting the ringleaders and instigators, isolating and apprehending terrorists, saboteurs, and freeing hostages; blocking key transportation nodes; reinforcing the guarding of assigned targets;

d) When the enemy causes armed riots: coordinating with armed forces in the locality to encircle, isolate, suppress, arrest, and eliminate the ringleaders and instigators and the armed riot forces; being ready to coordinate with forces to eliminate enemy armed forces from outside that support the riot forces inside.

Article 33. Activities to protect sovereignty and security of the land border

1. Coordinate with Border Guard forces and other functional forces of the locality to combat and prevent acts of encroaching on the border and territory; illegal border crossing, residence, and entry; illegal exploitation of natural resources and other acts that infringe upon national border sovereignty and security.

2. Independently or coordinate with other forces to combat smuggling and the transportation of prohibited goods for import and export through the border; apprehend criminals who violate public security and social order in border areas.

3. Coordinate with functional forces in border areas to propagate and mobilize the people to implement the Party's policies and State laws, participate in building political foundations, developing the economy, culture, and society, contributing to comprehensively strengthening border communes, and building a strong people's defense posture integrated with a strong people's security posture.

4. The contents of activities of the Self-Defense Militia coordinating with the Border Guard and other forces in protecting national border sovereignty and security on land shall be prescribed by the Ministry of National Defense.

Article 34. Activities to protect sovereignty and sovereign rights over Vietnam’s maritime and island zones

1. Timely report and notify the direct commander and relevant forces about acts violating sovereignty and sovereign rights over Vietnam’s maritime and island zones.

2. Independently or coordinate with Vietnamese forces operating at sea to intercept, chase away, and apprehend foreign vessels illegally intruding and exploiting Vietnam’s maritime and island zones under its sovereignty and other acts causing disruption to security, order, and destruction of marine and island environments.

3. Serve as the core force together with other forces operating at sea to combat and protect Vietnam’s sovereignty and sovereign rights over its maritime and island zones; engage in combat and support combat operations; participate in transportation, supply, rescue, search and rescue, and disaster prevention and mitigation at sea.

4. The contents of activities of the Self-Defense Militia coordinating with the Navy, Coast Guard, and other forces in protecting sovereignty, sovereign rights, and security and order in Vietnam’s maritime and island zones shall be prescribed by the Ministry of National Defense.

Article 35. Civil defense activities, environmental protection, and forest fire prevention

1. Coordinate with forces in the area to carry out civil defense tasks, environmental protection, safeguarding the lives and property of the people and organizations, and other civil defense tasks as prescribed by law.

2. Coordinate with forestry inspection forces to propagate to local residents the State regulations on forest management, protection, and fire prevention; conduct training and education on forest protection and fire prevention; closely monitor the situation regarding forest protection in the area, exchange information with forestry inspection forces and related forces; organize patrols and inspections for forest protection; conduct fire prevention drills; participate in firefighting when forest fires occur; participate in suppressing organizations and individuals involved in deforestation; participate in enforcing administrative penalty decisions and recovering illegally felled forest areas.

Article 36. Responsibilities for directing and ensuring the operation of the People's Militia Self-Defense Force

1. Directing responsibilities:

a) The head of central ministries and agencies; the Chairman of the Provincial People's Committee, the Chairman of the District People's Committee shall direct the Military Command Board at the same level to guide subordinate units under their authority to establish plans for the activities of the People's Militia Self-Defense Force; annually and during each period, based on the socio-economic development situation of the locality and the requirements of the assigned tasks of the People's Militia Self-Defense Force, they shall direct adjustments and supplements to the plan as appropriate;

b) The Chairman of the Commune People's Committee, the head of the agency or organization directly directs the Commune Military Command Board, the Military Command Board of the agency or organization at the grassroots level to establish activity plans for the People's Militia Self-Defense Force under their authority, organize approval before reporting to the military command board at the provincial or district level for approval; regularly monitor and grasp the results of the activities of the People's Militia Self-Defense Force to manage and control in order to enhance the effectiveness of the activities of the People's Militia Self-Defense Force in all situations.

2. The head of central ministries and agencies, the Chairmen of People's Committees at all levels, the head of the agency or organization at the grassroots level shall be responsible for directing subordinate agencies and units under their management to ensure the activities of the People's Militia Self-Defense Force, meeting the requirements of the activities of the People's Militia Self-Defense Force as prescribed by law.

Chapter V

REGIME, POLICY AND FUNDS TO ENSURE FOR THE PEOPLE'S MILITIA SELF-DEFENSE FORCE

Article 37. Allowance for responsibility in managing and commanding units

1. The allowance for responsibility in managing and commanding units of the People's Militia Self-Defense Force is calculated monthly, based on the general minimum wage coefficient of civil servants, specified as follows:

a) Platoon Leader, Battery Leader: 0.10;

b) Company Commander, Village Commander: 0.12;

c) Mobile Militia Company Commander: 0.20;

d) Deputy Battalion Commander, Deputy Political Instructor of Battalion, Deputy Squadron Commander, Deputy Political Instructor of Squadron: 0.15;

đ) Battalion Commander, Political Instructor of Battalion, Squadron Commander, Political Instructor of Squadron: 0.20;

e) Deputy Regiment Commander, Deputy Political Instructor of Regiment, Deputy Flotilla Commander, Deputy Political Instructor of Flotilla: 0.21;

g) Regiment Commander, Political Instructor of Regiment, Flotilla Commander, Political Instructor of Flotilla: 0.22;

h) Deputy Commander, Deputy Political Instructor of the Commune Military Command Board: 0.22;

i) Commander, Political Instructor of the Commune Military Command Board: 0.24;

k) Deputy Commander, Deputy Political Instructor of the Military Command Board of the agency or organization at the grassroots level: 0.22;

l) Commander, Political Instructor of the Military Command Board of the agency or organization at the grassroots level: 0.24;

m) Deputy Commander, Deputy Political Instructor of the Military Command Board of central ministries and agencies: 0.24;

n) Commander, Political Instructor of the Military Command Board of central ministries and agencies: 0.25.

2. The period for enjoying the allowance for responsibility starts from the date of appointment decision and continues until the date of ceasing to hold that position; if holding the position for 15 days or more in a month, the allowance for the entire month is granted, if holding the position for less than 15 days in a month, 50% of the allowance for that month is granted.

3. In case of change in position, if holding the new position for 15 days or more, the full monthly allowance for the new position is granted, if holding the new position for less than 15 days in a month, the allowance for the immediately preceding position is granted.

4. The time for paying the allowance for responsibility is stipulated by the Chairman of the Provincial People's Committee and the head of central ministries and agencies.

Article 38. Allowances, Subsidies, Meals, Travel Expenses, and Insurance for Deputy Chiefs of the People's Militia Battalions at Commune Level and Village Militia Leaders

1. The Deputy Chief of the People's Militia Battalion at the commune level shall be entitled to:

a) Monthly allowance at a rate of 1.0 times the minimum wage for civil servants and officials;

b) Support for social insurance contributions during their tenure as Deputy Chief of the People's Militia Battalion at the commune level from local government budgets;

c) Meal support during training, education, and instruction periods at the basic meal rate for conscript soldiers serving on a fixed-term basis in the Vietnam People's Army;

d) Travel expenses applied similarly to commune-level civil servants;

d) A one-time subsidy if they have worked continuously for at least 60 months and resign for legitimate reasons without meeting retirement conditions, with each year of service being equivalent to 1.5 months of the current monthly allowance rate.

2. The Village Militia Leader shall be entitled to a monthly allowance not less than 0.5 times the minimum wage for civil servants and officials.

3. The Chairman of the Provincial People's Committee shall submit to the Provincial People's Council for decision on the amount of monthly allowances and support for social insurance contributions as stipulated in this Article.

Article 39. Seniority Allowance

The Chief, Political Instructor, Deputy Political Instructor, and Deputy Chief of the People's Militia Battalion at the commune level who have worked continuously for at least 60 months from the date of appointment to the date of termination of their position shall be entitled to seniority allowance, with each year of service being equivalent to 1% of their current salary and allowances.

Article 40. Special Defense and Military Allowances

1. Applicability: Deputy Chiefs of the People's Militia Battalion at the commune level (excluding those appointed according to Article 4 of Decree No. 92/2009/NĐ-CP) and Mobile Platoon Leaders of the Civil Defense Militia.

2. The amount of allowance shall be 50% of the current allowance plus position and seniority allowances (if applicable), calculated from the month of appointment until the end of their term.

Article 41. Regulations and Policies for Coastal Self-Defense Militia Participating in Tasks to Protect Sovereignty and Rights over Maritime and Island Territories

Coastal self-defense militia members during their time performing tasks to protect sovereignty and rights over maritime and island territories of the Socialist Republic of Vietnam as decided by the competent authority under points a, b, and c of Clause 1, Article 44 of the Law on Self-Defense Militia shall be entitled to the following regulations and policies:

1. For Self-Defense Militia Members:

a) They shall be paid their full salary and other allowances as prescribed, and additionally receive 50% of their rank-based salary based on actual days mobilized; they shall also receive a meal standard equivalent to 0.1 months of the minimum wage per person per day;

b) If the actual amount is lower than that specified in Clause 2, then Clause 2 of this Article shall apply to calculate the allowance for self-defense militia members.

2. For Militia Members:

They shall be entitled to workday subsidies, with the subsidy amounting to 0.25 times the minimum wage; they shall also receive a meal standard equivalent to 0.1 months of the minimum wage per person per day. In addition, the captain and chief engineer shall receive an additional responsibility allowance of 0.08 months of the minimum wage per person per day.

Article 42. Regulations and Policies for Self-Defense Militia When Performing Tasks Without Mandatory Health Insurance When Ill or Dead

1. In cases where militia members become ill as stipulated in Clause 1, Article 51 of the Law on Self-Defense Militia, they shall be entitled to medical examination and treatment at healthcare facilities, with medical expenses reimbursed as if they were insured; they shall also receive meal subsidies, with the subsidy amount determined by the provincial People's Committee, and the maximum duration for medical expenses and meal subsidies shall not exceed 30 days per treatment session.

2. In cases of death, the family or the organization arranging the funeral shall be supported with funeral expenses equivalent to five months of the minimum wage.

3. Procedures and documents for subsidies when self-defense militia members fall ill or die shall be handled by the People's Militia Battalion at the commune level managing the militia members, reported to the People's Militia Battalion at the district level for submission to the district People's Committee for decision. Documents include:

a) A request for subsidy from the militia member or their family (in case of death) must have the opinion of the People's Militia Battalion at the commune level, confirmed by the commune People's Committee, and reviewed by the People's Militia Battalion at the district level; a request for subsidy from the self-defense militia member or their family (in case of death) must have the opinion of the People's Militia Battalion and confirmed by the head of the agency, organization, enterprise owner, or their legal representative, and reviewed by the People's Militia Battalion at the district level.

b) Discharge certificate, prescription, payment receipts, various test reports;

c) Death certificate.

4. The commune People's Committee shall implement the payment of subsidies and funeral expenses according to the decision of the Chairman of the district People's Committee.

Article 43. Treatment and policies for self-defense militia members who have not participated in mandatory social insurance and suffer accidents while on duty or due to unexpected risks

1. Circumstances eligible for benefits:

a) Suffering an accident while on duty as specified in Clauses 4, 5, and 6 of Article 8 of the Law on Self-Defense Militia at the workplace;

b) Suffering an accident outside the workplace while performing duties pursuant to orders from authorized commanders;

c) Suffering an accident on the way from residence to training or duty locations and back;

d) Cases of unexpected accidents during the performance of duties.

2. Benefits for self-defense militia members:

a) Reimbursement for medical expenses during transportation, first aid, emergency treatment, and injury rehabilitation until discharge, including recurrent cases; allowance for meals, the amount of which is determined by the People's Committee of the province, with the duration of benefit not exceeding 30 days per accident;

b) Introduction by the Military Command Board of the district to undergo labor capacity assessment by the Medical Expertise Council; if there is a reduction in work capacity between 5% and less than 21%, they will receive a one-time allowance of at least 12 months of the general minimum wage; if the reduction is between 21% and less than 81%, then for each additional 1%, an additional 0.4 months of the general minimum wage will be provided; if the reduction is 81% or more, a one-time allowance of at least 60 months of the general minimum wage will be provided;

c) If death occurs, the family of the self-defense militia member will receive a pension allowance of at least 60 months of the general minimum wage; the person organizing the funeral will receive a burial allowance equal to 10 months of the general minimum wage;

d) Self-defense militia members suffering an accident while performing duties that result in impairment of one or more body parts or functions, manifesting in various disabilities, leading to reduced ability to function, making labor, daily life, and study difficult, shall enjoy preferential treatment according to the laws for persons with disabilities.

Article 44. Allowance system for self-defense militia members participating in social insurance who suffer accidents

1. Self-defense militia members who participate in social insurance shall receive a one-time or monthly allowance according to the provisions of the law on social insurance;

2. The costs for allowances when an accident occurs shall be covered by the social insurance fund.

Article 45. Procedures, documentation, and funding for accident allowances

1. When an accident occurs, the Military Command Board of the location where training is organized or the authority responsible for mobilizing self-defense militia members for duty must promptly organize on-site first aid and emergency care for the injured person, then immediately transfer them to the nearest healthcare facility;

2. The procedures and documentation for accident allowances are handled by the Military Command Board of the district managing the self-defense militia members, reported to the Provincial Military Command for review and decision by the People's Committee of the province. Documentation includes:

a) An accident investigation report prepared by the Military Command Board of the commune, the Military Command Board of the agency or organization at the grassroots level, or the Military Command Board of the central ministry or department, or the Public Security Agency in cases of accidents on the way to and from duty. The report must detail the course of the accident, the injuries sustained by the victim, the extent of damage, the cause of the accident, and include signatures of representatives of the self-defense militia unit. In cases of accidents on the way to and from duty, the report must also have confirmation from the local government where the accident occurred;

b) A medical examination report;

c) A death certificate;

d) An assessment report by the Military Command Board of the district; a request letter from the Provincial Military Command.

3. Funding for allowances:

a) Allowances are provided individually for each accident, with no accumulation of previous accidents;

b) The People's Committee of the commune, agencies, or organizations responsible for paying accident allowances, pension allowances, and funeral expenses shall implement the decisions of the People's Committee of the province.

Article 46. System for newspapers and magazines

1. Every day, the People's Militia Command at the commune level, the People's Militia Command of agencies and organizations at the grassroots level, the People's Militia Command of central ministries and sectors, and the standing civilian militia units shall be provided with one copy of the People's Army Newspaper by the central ministries and sectors and localities.

2. Monthly, the People's Militia Command at the commune level, the People's Militia Command of agencies and organizations at the grassroots level, and the People's Militia Command of central ministries and sectors shall be provided with one copy of the Civilian Militia and National Defense Education Magazine by the Ministry of National Defense.

Article 47. Sources of funds

1. The state budget includes the central budget, provincial-level local budget, district-level local budget, and commune-level local budget, which are allocated annually according to the provisions of the State Budget Law. Border communes and island communes are supported annually by the central budget; places where standing civilian militia units are organized are supported by the central budget; in cases where localities have low revenue and find it difficult to allocate funds, they will be supported by the central budget for urgent tasks.

2. Enterprises that have established self-defense units shall be responsible for allocating funds to ensure the organization, training, and activities of the self-defense forces. Enterprises that have not yet established self-defense units shall be responsible for ensuring funding for their employees to fulfill their obligations to participate in the civilian militia in the locality where the enterprise operates. This amount of funding shall be included in the deductible expenses when determining the taxable income of the enterprise.

3. The national defense-security fund and other lawful sources of revenue.

Article 48. National defense-security fund

1. The national defense-security fund is established at the commune level, contributed voluntarily by agencies, organizations, and individuals operating and residing within the area to support the construction, training, and activities of the civilian militia and other activities to maintain political security and social order and safety at the commune level. Contributions, management, and use of the national defense-security fund shall be carried out on the principles of fairness, democracy, transparency, and compliance with the law.

2. Based on the requirements and tasks of local national defense and military affairs, the People's Council at the provincial level decides on the contribution levels for the national defense-security fund; the Provincial People's Committee promulgates regulations on collection, management, and use of the national defense-security fund in accordance with its purpose, target group, efficiency, and practicality.

Chapter VI

IMPLEMENTING PROVISIONS

Article 49. Effectiveness and Implementation Organization

1. This Decree takes effect from July 20, 2010.

2. Abolish Decree No. 184/2004/NĐ-CP dated November 2, 2004 of the Government detailing the implementation of the Civilian Militia and Self-Defense Ordinance.

3. Ministers, heads of ministerial-level agencies, heads of government agencies, and Chairmen of provincial People's Committees are responsible for implementing this Decree./.

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Tiếng Việt Nghị định số 58/2010/NĐ-CP Quy định chi tiết và hướng dẫn thi hành một số điều của Luật Dân quân tự vệ 한국어 법률 제58/2010/시행령-행정령 호 민방위에 관한 법률 일부 조항의 세부 규정 및 시행 지침을 정함 中文令第58/2010/ND-CP详细规定和指导实施《民兵预备役法》的若干条款

Decree No. 58/2010/ND-CP detailing and guiding the implementation of certain provisions of the Law on Militia and Self-Defense Forces

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