Decree No. 72/2020/ND-CP detailing certain provisions of the Law on Militia and Self-Defense Forces regarding the organization, construction of forces, and regulations and policies for Militia and Self-Defense Forces

DECREE

Detailed provisions on certain articles of the Law on Militia and Self-defense

Regarding organization, construction, and regulations and policies for Militia and Self-defense forces

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Based on the Militia Self-Defense Law dated November 22, 2019;

"Based on the proposal of the Minister of National Defense;"

The Government promulgates this Decree providing detailed provisions on certain articles of the Law on Militia and Self-defense regarding organization, construction, and regulations and policies for Militia and Self-defense forces.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed provisions on certain articles of the Law on Militia and Self-defense regarding:分级管理民兵自卫单位；副民兵自卫队队长的数量；民兵自卫队指挥部和机关、组织民兵自卫队指挥部的设备标准和定额；民兵自卫队的服装、帽徽、臂章；民兵自卫队指挥职务津贴标准；保障民兵自卫队各组成部分制度和政策的标准；民兵自卫队不参加社会保险和医疗保险时因病、受伤或死亡享受待遇的条件、标准、程序和负责保障经费、制度和政策的机构。

Article 2. Applicability

1. Vietnamese citizens, state agencies, political organizations, political-social organizations, public institutions, and economic organizations of Vietnam.

2. Individuals and foreign-invested enterprises residing and operating in Vietnam related to Militia and Self-defense forces.

Chapter II

GRADUAL MANAGEMENT OF MILITIA AND SELF-DEFENSE UNITS; NUMBER OF DEPUTY COMMANDERS OF THE MILITIA AND SELF-DEFENSE COMMANDS AT THE COMMUNE LEVEL, ORGANIZATIONS, AND AGENCIES

Article 3. Gradual management of Militia and Self-defense units

1. The Command of the Capital Military Region, the Command of the Ho Chi Minh City Military Region, and the Provincial Military Commands manage:

a) The Militia and Self-defense Commands of organizations under enterprises with self-defense battalions; the Militia and Self-defense Commands of organizations under provincial departments, agencies, and equivalent bodies; industrial park management boards, export processing zone management boards, high-tech park management boards, and economic zone management boards within their jurisdictions;

b) Coastal Militia Battalions;

c) Anti-aircraft artillery and field artillery Militia and Self-defense companies; self-defense battalions and maritime self-defense flotillas during training and operations.

2. The Militia and Self-defense Commands at the district level manage:

a) The Militia and Self-defense Commands of organizations not covered by point a, Clause 1, Article 3 of this Decree;

b) Anti-aircraft artillery and field artillery Militia and Self-defense companies; self-defense battalions and maritime self-defense flotillas except during training and operations;

c) The district-level permanent Militia and Self-defense units; Militia and Self-defense units organized by the district during training and operations.

3. The Militia and Self-defense Commands at the commune level, the Militia and Self-defense Commands of organizations, and commanders of self-defense units where there is no Militia and Self-defense Command of organizations managing:

a) The Militia and Self-defense units organized by themselves;

b) Militia and Self-defense units organized by superiors except during training and operations.

4. The Naval Service manages:

a) Self-defense units in state-owned enterprises with sea-going vessels and ships operating at sea;

b) Self-defense units in enterprises under the Naval Service.

5. The head of military enterprises manages self-defense units under their authority.

Article 4. Number of Deputy Commanders of the Militia and Self-defense Commands at the Commune Level, Organizations, and Agencies

1. The number of Deputy Commanders of the Militia and Self-defense Commands at the commune level is as follows:

a) For administrative communes of type 1, border communes, coastal communes, and island communes, no more than two Deputy Commanders shall be arranged. Based on actual circumstances, the People's Committee of the province shall submit to the People's Council at the same level for decision the number of Deputy Commanders of the Militia and Self-defense Commands at the commune level within the quota of non-professional staff at the commune level stipulated in Clause 4, Article 2 of the Government's Decree No. 34/2019/NĐ-CP dated April 24, 2019 amending and supplementing some provisions on commune-level cadres, civil servants, and non-professional staff at the commune level, village level, and neighborhood level;

b) For communes not covered by point a, Clause 1, Article 4 of this Decree, one Deputy Commander shall be arranged.

2. The Militia and Self-defense Commands of organizations arrange one Deputy Commander. Based on defense and military requirements and organizational activities of the organizations, the Commandant of the Command of the Capital Military Region, the Commandant of the Command of the Ho Chi Minh City Military Region, and the Chief of the Provincial Military Command shall consider and decide to appoint no more than two Deputy Commanders upon the proposal of the heads of the organizations.

Chapter III

ENSURING WORKING EQUIPMENT FOR THE MILITIA AND SELF-DEFENSE COMMANDS AT THE COMMUNE LEVEL, ORGANIZATIONS, AND AGENCIES; REGULATIONS AND POLICIES FOR MILITIA AND SELF-DEFENSE FORCES

Article 5. Standards and quotas for work equipment of the People's Militia Command at the commune level, the People's Militia Command of agencies and organizations, and the standing self-defense militia unit.

Clause 1. The basic standards and quotas for work equipment of the People's Militia Command at the commune level are stipulated in Appendix I accompanying this Decree.

Clause 2. Based on the provisions of Clause 1 of this Article, the head of the agency or organization decides on the work equipment for the People's Militia Command of the agency or organization to be appropriate.

Clause 3. Every day, the People's Militia Command at the commune level, the People's Militia Command of agencies and organizations, and the standing self-defense militia unit shall be provided with one copy of the People's Army Newspaper. The locality ensures funding for purchasing newspapers for the People's Militia Command at the commune level and the standing self-defense militia unit; agencies and organizations ensure funding for purchasing newspapers for their own People's Militia Command.

Article 6. Uniforms, insignias, and emblems for command positions of the People's Militia Command at the commune level, the People's Militia Command of agencies and organizations, and the self-defense militia.

Clause 1. The style, color, model, issuance standards, and service life of uniforms, insignias, and emblems are specified in Appendix II accompanying this Decree.

Clause 2. Self-defense militia members may use uniforms when performing tasks.

Article 7. Allowance for command positions in the self-defense militia.

a) Commander and Political Instructor of the People's Militia Command at the commune level; Commander and Political Instructor of the People's Militia Command of agencies and organizations: VND 357,600.

b) Deputy Commander and Deputy Political Instructor of the People's Militia Command at the commune level; Deputy Commander and Deputy Political Instructor of the People's Militia Command of agencies and organizations; Battalion Commander and Political Instructor of the battalion; Squadron Commander and Political Instructor of the squadron; Company Commander and Political Instructor of the company of the standing self-defense militia; Company Commander and Political Instructor of the mobile self-defense militia company: VND 327,800.

c) Deputy Battalion Commander and Deputy Political Instructor of the battalion; Deputy Squadron Commander and Deputy Political Instructor of the squadron; Deputy Company Commander and Deputy Political Instructor of the company of the standing self-defense militia; Deputy Company Commander and Deputy Political Instructor of the mobile self-defense militia company: VND 312,900.

d) Company Commander and Political Instructor of the company; Squadron Commander and Political Instructor of the squadron; Platoon Commander of the mobile self-defense militia, Platoon Commander of the standing self-defense militia: VND 298,000.

đ) Village Team Leader: VND 178,800 and an additional VND 29,800 when concurrently holding the position of Squad Leader, or an additional VND 35,760 when concurrently holding the position of Platoon Leader of the local self-defense militia. In cases where the village only organizes a local civilian defense team, they will receive an additional VND 29,800.

e) Deputy Company Commander and Deputy Political Instructor of the company; Deputy Squadron Commander and Deputy Political Instructor of the squadron: VND 223,500.

g) Platoon Leader; Squad Leader of the standing self-defense militia: VND 178,800.

h) Squad Leader, Ship Captain, Gun Crew Leader: VND 149,000.

Clause 2. The period during which the allowance for command positions is enjoyed starts from the date of the appointment decision and continues until the date of the decision to cease holding that position; if the position is held for 15 days or more in a month, the full monthly allowance is enjoyed, and if the position is held for less than 15 days in a month, 50% of the monthly allowance for the position is enjoyed.

a) The level of monthly subsidy shall be implemented according to the regulations for non-professional staff at commune level;

b) In cases where they have not participated in social insurance and have worked continuously for at least 60 months, upon retirement, they will receive a one-time allowance calculated as 1.5 months of the average monthly subsidy of the last 60 months for each year of work. For fractional months, it is calculated as follows: less than one month does not qualify for an allowance; from one to six months, they will receive an allowance equivalent to 0.8 months of the average monthly subsidy of the last 60 months; from seven to eleven months, they will receive an allowance equivalent to 1.5 months of the average monthly subsidy of the last 60 months.

Article 9. Special Defense and Military Subsidies for Deputy Chiefs of Military Forces at Commune Level and Command Positions of Mobile Militia Units and Regular Militia Units

1. The amount of special defense and military subsidies is calculated as 50% of the total current subsidies including: monthly subsidies, position subsidies, and seniority subsidies.

2. The period during which special defense and military subsidies are enjoyed starts from the date of appointment decision and continues until the decision to terminate the position is made; if holding the position for 15 days or more in a month, the full month's special defense and military subsidy is received; if holding the position for less than 15 days in a month, only 50% of the special defense and military subsidy for that month is received.

Article 10. Seniority Subsidies for Command Positions in Military Forces at Commune Level

1. Commanders, Political Commissars, Deputy Commanders, and Deputy Political Commissars of Military Forces at Commune Level who have worked for at least 60 months are entitled to seniority subsidies. The levels of subsidies are as follows: after five years (60 months) of work, they will receive a seniority subsidy equal to 5% of their current salary and position subsidy, or the current monthly subsidy; from the sixth year onwards, an additional 1% is added for each full year (12 months).

2. Commanders, Political Commissars, Deputy Commanders, and Deputy Political Commissars of Military Forces at Commune Level who have worked in other professions and are entitled to seniority subsidies can combine those periods with their time in command positions at commune-level military forces to calculate their seniority subsidies. If there are interruptions in the periods specified in Clause 1 of this Article, they will be accumulated.

4. Periods Not Entitled to Seniority Subsidies

a) Periods of suspension from work or temporary detention, arrest for investigation, prosecution, trial; periods of serving prison sentences; periods of unauthorized absence from work;

b) Periods of leave without pay or subsidy for more than one continuous month;

c) Periods of sick leave or maternity leave exceeding the limits prescribed by laws on social insurance.

Article 11. Standards for Subsidies for Workdays, Food Allowances, and Special Allowances for Seafaring for Civil Defense Personnel when Performing Tasks, except for Regular Civil Defense Personnel

When civil defense personnel are mobilized or assigned to perform tasks based on decisions approved by competent authorities or according to plans approved by competent authorities, they shall be entitled to subsidies for workdays, food allowances, and special allowances for seafaring, with standards as follows:

1. For local civil defense personnel, mobile civil defense personnel, air defense civil defense personnel, artillery civil defense personnel, reconnaissance civil defense personnel, communication civil defense personnel, engineering civil defense personnel, chemical defense civil defense personnel, medical civil defense personnel:

c) When performing tasks far from their place of residence without conditions to return daily, they shall be provided with accommodation and meals, transportation means and costs, or reimbursed for one-time travel expenses for going and returning like village-level cadres and civil servants.

2. For maritime civil defense personnel:

For ship captains and engine room chiefs, the responsibility allowance shall be calculated based on actual days working at sea, each day being VND 119,200.

3. The special allowance for seafaring for civil defense personnel when performing tasks at sea shall be implemented according to the State regulations regarding the allowance system for seafaring for forces under the Ministry of National Defense when performing tasks at sea.

Article 12. Standards for Subsidies and Food Allowances for Regular Civil Defense Personnel

1. The subsidy for workdays, additional subsidy for workdays, and food allowance for regular civil defense personnel shall be implemented according to points a and b, Clause 1 of Article 11 of this Decree; for regular civil defense personnel belonging to maritime civil defense battalions, it shall be implemented according to Clause 2 of Article 11 of this Decree; accommodation and rest facilities shall be provided.

3. The special allowance for seafaring as stipulated in Clause 3 of Article 11 of this Decree.

5.后勤物资标准应与现役人民武装部队的非委任军官和士兵相同。

Article 13. Regulations and policies for self-defense when performing tasks

1. When performing tasks, except for tasks to struggle and protect islands and maritime areas which enjoy full salary, welfare benefits, allowances, travel expenses, and regulations and policies according to current regulations.

Article 14. Conditions, levels of enjoyment, procedures, formalities, and agencies responsible for ensuring funds for medical examination and treatment for Self-Defense Militia members not participating in health insurance if they fall ill, suffer accidents, or get injured

||| 1. Conditions

a) Self-Defense Militia members during the time implementing tasks pursuant to mobilization decisions or plans approved by competent authorities, if they fall ill, suffer accidents, or get injured, shall be entitled to medical examination and treatment at military and civilian medical facilities as prescribed;

b) Self-Defense Militia members shall not be entitled to medical examination and treatment if they fall ill, suffer accidents, or get injured due to intentional self-harm or accidents caused by personal conflicts unrelated to their duties, or accidents caused by alcohol consumption, drug use, or other addictive substances as prescribed by law.

2. Level of Enjoyment

Medical examination and treatment costs shall be at the level of health insurance coverage for non-commissioned officers and soldiers of the Vietnam People's Army while on active duty. During inpatient treatment, dietary expenses shall be covered. In cases where Self-Defense Militia members are undergoing inpatient treatment but have completed their assigned tasks, they shall be reimbursed for medical examination and treatment costs and dietary expenses, but not exceeding 15 days; if the illness persists beyond 15 days, treatment shall continue until recovery, and 100% of medical examination and treatment costs shall be reimbursed.

3. Procedure for Resolution

a) The Self-Defense Militia member or their lawful representative shall directly submit or send via postal service or electronic environment a request for reimbursement of medical examination and treatment costs along with test results, prescriptions, payment receipts, and discharge certificates to the local military authority. If the Self-Defense Militia member belongs to a militia unit organized at a certain level, the request should be sent to the corresponding local military authority; in case of invalidity, within three working days from receiving the request, the local military authority must issue a written guidance document to the applicant for supplementation and completion;

b) Within ten working days from receiving the request, the local military authority shall establish one file. The Commander of the Military Command of Hanoi, the Commander of the Military Command of Ho Chi Minh City, the Chief of the Provincial Military Command, and the Chief of the District Military Command shall report to the Chairman of the People's Committee at the same level for decision; the Chief of the Commune Military Command shall report to the Chairman of the Commune People's Committee who will then report to the Chairman of the District People's Committee for decision;

c) Within five working days from receiving the submitted file, the Chairman of the District People's Committee or the Chairman of the Provincial People's Committee shall decide on the funds for medical examination and treatment for the Self-Defense Militia member;

d) Within ten working days from issuing the decision, the People's Committee at the commune level shall be responsible for disbursing the funds for medical examination and treatment for the Self-Defense Militia member; in places without a commune administrative unit, the District Military Command shall disburse the funds; payment shall be made through bank transfer, postal service, or direct collection at the commune level.

4. Documents:

a) Request for reimbursement of medical examination and treatment costs of the Self-Defense Militia member or their lawful representative. The form is specified in Appendix III issued together with this Decree;

b) Test results, prescriptions, payment receipts, discharge certificates;

c) Decision on citizens' obligation to participate in Self-Defense Militia; decision on mobilization or call-up or plan for implementation of tasks approved by competent authorities.

5. Funds to ensure the implementation of regulations and policies as stipulated in this Article shall be guaranteed by the People's Committee at the district level for Self-Defense Militia members managed by the district or commune-level military authority; the People's Committee at the provincial level shall guarantee funds for Self-Defense Militia members managed by the provincial-level military authority.

1. Self-Defense Militia members shall enjoy the regime and policies as prescribed in Point b Clause 1 Article 35 of the Law on Self-Defense Militia in the following cases:

a) Performing tasks pursuant to a mobilization decision or call-up plan approved by the competent authority;

b) Performing tasks assigned by the competent authority;

c) On the route from their residence to the place where they perform their duties within a reasonable time and route.

2. Cases prescribed in Point b Clause 1 Article 14 that result in accidents shall not be entitled to benefit payments.

3. Levels of Benefits

4. Procedures for Resolution

a) The Self-Defense Militia member or their lawful representative shall submit directly or through postal service or electronic environment a request for accident compensation or death assistance along with discharge papers or copies of medical records after treatment for the accident for inpatient cases or a copy of injury certification issued by the healthcare facility (where the Self-Defense Militia member was treated), a report on the level of work capacity reduction or death certificate, and death registration extract for death cases to the local military authority. Self-Defense Militia members belonging to which level of organization shall submit the request to the corresponding local military authority. In case of non-compliance, the local military authority must issue a guidance letter within three working days from the date of receipt of the request to the applicant to supplement and complete the application;

b) Within ten working days from the date of receipt of the request, the local military authority shall establish one file. The Commander of the Hanoi Military Command, the Commander of the Ho Chi Minh City Military Command, and the Head of the Provincial Military Command shall report to the Chairman of the People's Committee at the provincial level for decision; the Head of the District Military Command shall report to the Chairman of the People's Committee at the district level for decision; the Head of the Commune Military Command shall report to the Chairman of the People's Committee at the commune level to send the file to the Chairman of the People's Committee at the provincial level for decision;

c) Within five working days from the date of receipt of the submitted file, the Chairman of the People's Committee at the provincial level shall decide on compensation for the Self-Defense Militia member;

d) Within ten working days from the date of the compensation decision, the People's Committee at the commune level shall be responsible for implementing the payment of compensation to the Self-Defense Militia member; in areas without a commune-level administrative unit, the District Military Command shall implement the payment; payment shall be made by bank transfer, postal service, or direct collection at the commune level.

5. Documents

a) The file for accident compensation includes: A request for accident compensation accompanied by discharge papers or copies of medical records after treatment for the accident for inpatient cases or a copy of injury certification issued by the healthcare facility (where the Self-Defense Militia member was treated) according to the prescribed model, a report on the level of work capacity reduction by the provincial medical board or equivalent, and in case of traffic accidents, an investigation report by the police agency or criminal investigation agency under the Ministry of Defense;

b) The file for death compensation includes: A request for death compensation accompanied by discharge papers or copies of medical records after treatment for the accident for inpatient cases, a copy of the death certificate or death registration extract; in case of traffic accidents leading to death, an investigation report by the police agency or criminal investigation agency under the Ministry of Defense;

c) The model for requests for accident compensation and death compensation is prescribed in Appendix IV attached to this Decree.

6. The People's Committee at the provincial level shall ensure funding for the implementation of the regime and policies stipulated in this Article.

Chapter IV

IMPLEMENTING PROVISIONS

Article 16. Transitional Provisions

1. The uniform of the Self-Defense Militia prescribed in Decree No. 03/2016/NĐ-CP dated January 5, 2016, of the Government detailing and guiding the implementation of certain provisions of the Law on Self-Defense Militia 2009 shall continue to be implemented until December 31, 2021; from January 1, 2022, the uniform of the Self-Defense Militia shall be implemented according to the provisions of this Decree.

2. The level of enjoyment of the regime and policies of the Self-Defense Militia prescribed in Articles 7, 8, 11, 12, 13, and 15 of this Decree shall be adjusted in case the Government adjusts the basic wage or salary of civil servants, public officials, and armed forces personnel.

Article 17. Effective Date

This Decree takes effect from August 15, 2020, and replaces Decree No. 03/2016/NĐ-CP dated January 5, 2016, of the Government detailing and guiding the implementation of certain provisions of the Law on Self-Defense Militia.

Article 18. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of People's Committees of centrally governed cities, and related agencies shall be responsible for implementing this Decree.