Circular No. 85/2010/TT-BQP provides detailed regulations and guidance on implementing certain provisions of the Law on Militia and Self-Defense Forces.

CIRCULAR

Detailed regulations and guidance on implementation of certain provisions of the Law on Militia and Self-Defense Forces Article of the Law on Militia and Self-Defense Forces

___________ 

MINISTER OF NATIONAL DEFENSE

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

Pursuant to Decree No. 58/2010/NĐ-CP dated June 1, 2010 of the Government detailing and guiding the implementation of certain provisions of the Law on Militia and Self-Defense Forces;

Pursuant to Decree No. 104/2008/NĐ-CP dated September 16, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

The Ministry of National Defense guides the implementation of certain provisions of the Law on Militia and Self-Defense Forces and Decree No. 58/2010/NĐ-CP dated June 1, 2010 of the Government detailing and guiding the implementation of certain provisions of the Law on Militia and Self-Defense Forces, as follows:

CIRCULAR:

Chapter 1

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular provides detailed guidance on Articles 11, 15, point a Clause 1 Article 28, Clause 1 and 6 Article 29, Article 32, Article 33, Article 34, and Article 36 of the Law on Militia and Self-Defense Forces; Clause 2 Article 8, Clause 4 Article 11, Clause 2 Article 22, and Clause 2 Article 23 of Decree No. 58/2010/NĐ-CP detailing and guiding the implementation of certain provisions of the Law on Militia and Self-Defense Forces (hereinafter referred to as Decree No. 58/2010/NĐ-CP of the Government).

2. Guidance on registration and management of citizens within the age range for performing militia and self-defense duties; organization of selection, construction of quantity and quality of militia and self-defense forces; plans regarding organization, training, activities, policies of core militia and self-defense forces; number and structure of officers of the Military Command of communes, wards, towns (hereinafter collectively referred to as the Military Command of commune level), Military Command of state agencies, political organizations, political-social organizations, public institutions, economic organizations (hereinafter collectively referred to as the Military Command of state agencies and organizations at grassroots level), Military Command of Ministries, agencies equivalent to ministries, government agencies, central Party committees, Office of the National Assembly, Office.

Article 2. Applicability

1. Officers, soldiers of militia and self-defense forces, citizens within the age range for performing militia and self-defense duties.

2. Military Command of commune level, Military Command of state agencies and organizations at grassroots level, militia and self-defense force units; Military Command of Ministries, central agencies.

3. Agencies and units under the Ministry of National Defense, People's Committees at all levels, Ministries, central agencies, and other relevant agencies and organizations related to the organization and operation of militia and self-defense forces.

Article 3. Commemoration of the Traditional Day of Militia and Self-Defense Forces

1. Commemoration in even years (the number of commemorative years ending with the digit 0)

a) To be organized nationwide, aiming to enhance responsibility in leadership and direction of central ministries and sectors, local authorities at all levels; to honor the tradition of the militia and self-defense forces, contributing to strengthening education and nurturing revolutionary vigilance among the militia and self-defense forces and the people in the task of building a whole-of-nation defense, building the people's armed forces, and militia and self-defense forces at localities, agencies, and organizations;

b) To organize commemoration primarily through education and propaganda, closely aligning with the main political tasks of the locality and the militia and self-defense forces, promoting extensive mass participation, combining with activities celebrating major national holidays and patriotic competitions of the locality; ensuring solemnity, practical significance, economy, and absolute safety.

2. Commemoration in remaining years

a) Based on specific circumstances of each locality and base, to organize commemoration solemnly, practically, and economically; combining with organizing training mobilization, induction ceremonies for militia and self-defense forces, recognition of completion of core militia and self-defense duties;

b) The organization of commemoration should be linked with propaganda campaigns and competitive drives aimed at organizational construction, training, and activities of the militia and self-defense forces; cultural and sports activities; organizing meetings and gatherings of militia and self-defense officers and soldiers from different periods; rewarding outstanding collectives and individuals in building the militia and self-defense forces, national defense education, and military work at ministries, sectors, and localities;

3. Responsibility for implementation

a) Based on guidance from competent agencies and specific characteristics and conditions, central ministries and sectors, military regions, and localities shall determine the scale, content, and form of organizing commemoration of the even-numbered Traditional Day of the militia and self-defense forces appropriately;

b) Annually, central ministries and sectors, provincial-level People's Committees, district-level People's Committees, town-level People's Committees, and provincial-level city People's Committees (collectively referred to as provincial level), county-level People's Committees, town-level People's Committees, and district-level city People's Committees (collectively referred to as county level) have the responsibility to direct the organization of commemoration of the Traditional Day of the militia and self-defense forces;

c) The Commandant of Hanoi Capital, Provincial Military Commands, County Military Commands, Commune Military Commands, Central Ministry Military Commands, and Military Commands of state agencies and organizations at grassroots level shall take the lead and coordinate with relevant agencies to develop plans for organizing commemoration, submit them for approval by the same-level People's Committee, heads of ministries, sectors, and organizations, and implement them.

Article 4. Content of Registration and Reporting on the Results of Citizens of Military Age Participating in Civil Defense Militia

1. Content of Registration

a) Full name, date of birth;

b) Gender;

c) Educational level, academic degree, academic title, political theory level;

d) Ethnicity, religion;

đ) Profession, technical specialty, vocational training, military service level (if applicable);

e) Social origin, personal status;

g) Date of joining the Party, date of joining the Youth Union;

h) Health condition;

i) Place of permanent residence, temporary residence;

k) Father's and mother's full names;

l) Spouse's full name;

m) Subjects temporarily exempted from participating in civil defense militia;

n) Subjects exempted from participating in civil defense militia.

2. Content of Reporting on Registration Results

a) Total number of citizens of military age who have registered for participation in civil defense militia;

b) Male and female citizens aged from 18 to 25 years old;

c) Male citizens aged over 25 to 35 years old; Female citizens aged over 25 to 30 years old;

d) Male citizens aged over 35 to 45 years old, female citizens aged over 30 to 40 years old;

đ) Citizens not meeting the criteria for admission into civil defense militia;

e) Citizens temporarily exempted or temporarily exempted from duty;

g) Male citizens meeting the criteria for conscription but not yet called up for military service;

h) Reserve personnel (within the age range for participating in civil defense militia) not yet assigned to reserve mobilization units or civil defense militia units.

3. Annual registration period according to Clause 1, Article 13 of the Law on Civil Defense Militia and Point a, Clause 3, Article 3 of Decree No. 58/2010/NĐ-CP of the Government.

4. The General Staff shall issue and distribute registration books, work plan books, reporting forms on registration results, and manage citizens within the age range for participating in civil defense militia.

Article 5. Management of Civil Defense Militia

1. Core Civil Defense Militia Management

a) Provincial Military Command organizes management of anti-aircraft artillery platoons of 23mm or 37mm-1, field artillery platoons of 105mm or 85mm or 76.2mm, and mobile guard battalions during training and combat readiness duties; outside these periods, they are managed by the County Military Command, the Village Military Command, the Military Command of agencies and organizations at the grassroots level.

b) County Military Command organizes management of machine gun anti-aircraft platoons of 14.5mm or 12.7mm, mortar platoons of 82mm, 82mm direct fire howitzer platoons, engineering, reconnaissance, communication, chemical defense, medical platoons within the county during training and combat readiness duties.

c) Village Military Command, Military Command of agencies and organizations at the grassroots level, and self-defense unit commanders (where there is no Military Command) manage mobile guard platoons, local guard platoons, and communication, engineering, reconnaissance, chemical defense, medical platoons with 60mm mortars within their establishment; organize at the grassroots level outside concentrated training and combat readiness periods; promptly propose organizational and staffing adjustments for self-defense units under their jurisdiction.

d) Unit commanders of civil defense militia from squad leader level upwards manage the units they are responsible for, and promptly report to their immediate superiors on the quantity, quality, and changes in officers and soldiers under their command.

2. Widespread Civil Defense Militia Management

Article 6. Organization of Selecting Core Militia and Self-Defense Force Members

1. Annually, based on the results of citizen registration within the age range for performing militia and self-defense force duties and assigned targets, the People's Military Command at the commune level, the People's Military Command of agencies and organizations at the grassroots level, and the Self-Defense Unit Commander (where there is no People's Military Command) shall develop plans to select core militia and self-defense force members, submit them for approval by the Chairman of the People's Committee at the same level, the head of the agency or organization, and report to the People's Military Command at the district level.

2. Based on the targets, the People's Military Command at the commune level assists the Party Committee and the People's Committee at the same level in directing villages, hamlets, villages, communes, wards, and residential areas (hereinafter referred to collectively as village) to organize public discussions and community participation; compile lists and submit them to the Chairman of the People's Committee at the commune level for decision-making and organizing the induction of core militia members.

3. Based on the targets, the People's Military Command of agencies and organizations at the grassroots level or the Self-Defense Unit Commander (where there is no People's Military Command) assists the Party Committee and the head of the agency or organization in coordinating with relevant agencies at the same level to select, compile lists, submit them to the head of the agency or organization for decision-making and organizing the induction of new self-defense members.

4. For the militia, annually, the number selected for new induction must correspond to the number that have completed their militia service and transferred out, with this ratio being approximately 20% to 25% of the total number of militia members at the commune level.

5. For the self-defense force and coastal militia and self-defense force, based on defense and security requirements and directives from higher military authorities, the age for selecting core militia and self-defense force members shall be implemented according to Clause 2 of Article 10 of the Law on Militia and Self-Defense Force.

6. The induction ceremony into the core militia and self-defense force and issuance of certificates to citizens completing their core militia and self-defense force service obligations shall be directed by the Chairman of the People's Committee at the commune level or the head of the agency or organization, ensuring solemnity and practicality, often combined with annual training mobilization activities.

Article 7. Sample Certificates and Management and Use of Various Types of Certificates for Core Militia and Self-Defense Force Members

1. The Certificate of Core Militia and Self-Defense Force Member, Certificate of Completion of Core Militia and Self-Defense Force Service Obligations, and Permit to Use Weapons are specified in the annex attached to this Circular; the General Staff Headquarters shall uniformly manage, print, and distribute these types of certificates.

2. Management and Use

a) The Military Staffs of the Military Regions, the Military Staff of the Navy Military Region, the Command of the Capital City of Hanoi, the People's Military Command at the provincial level, and the People's Military Command at the district level are the management bodies for various types of certificates for core militia and self-defense force members, responsible for strictly managing the quantities of these certificates and directly distributing them to the People's Military Command at the commune level, the People's Military Command of agencies and organizations at the grassroots level.

b) The Certificate of Core Militia and Self-Defense Force Member and the Permit to Use Weapons can only be used during the performance of duties; upon completion of duties, the Permit to Use Weapons must be recovered and handed over to the Commander of the People's Military Command at the commune level, the People's Military Command of agencies and organizations at the grassroots level for management. Upon completion of the core militia and self-defense force service obligation, a certificate of completion of the core militia and self-defense force service obligation shall be issued.

c) The Permit to Use Weapons shall be signed by the Commander of the People's Military Command at the district level; in cases where weapons are used outside the district area, the Permit to Use Weapons shall be signed by the Commander of the People's Military Command at the provincial level, the Commander of the Command of the Capital City of Hanoi; for self-defense forces under the Navy Military Region, the Permit to Use Weapons shall be signed by the Chief of Staff of the Navy Military Region.

Chapter 2

ORGANIZATION AND STAFFING OF THE CORE MILITIA AND SELF-DEFENSE FORCE

Article 8. Building the Quality of the People's Militia Force

1. The Party's Central Committee at all levels, local authorities, heads of agencies and organizations shall be responsible for building a strong and widespread People's Militia Force, prioritizing political quality, ensuring sufficient conditions to fulfill assigned tasks.

2. The Party Committee of the Hanoi Command Headquarters, the Military Party Committees at provincial and district levels shall cooperate with the Provincial and District Organization Departments to assist the same-level Party Committees in developing plans for recruiting party members among the People's Militia Force, aiming for at least 18%; specifically, party members within the militia force should reach at least 15%, with at least 1.5% being admitted into the Party annually compared to the total number of People's Militia Force members; 100% of the Heads and Deputy Heads of the Military Command Boards at commune level, and Village Militia Team Leaders must be party members, including at least 85% of Commune Military Command Board Heads participating in the Party Committee at the commune level; mobile militia squads should have party members; mobile militia platoons should have party cells; communes with conditions should organize commune-level military party branches; the ratio of youth league members in the People's Militia Force should reach at least 60%.

Article 9. Building the Number of the People's Militia Force in Times of Peace

1. Building the number of the People's Militia Force at the provincial level

a) Provinces with a population up to 500,000, the ratio from 3% to 2.1%;

b) Provinces with a population from over 500,000 to 1,500,000, the ratio from 2.09% to 1.65%;

c) Provinces with a population from over 1,500,000 to 2,500,000, the ratio from 1.64% to 1.3%;

d) Provinces with a population from over 2,500,000 to 3,500,000, the ratio from 1.29% to 1.1%;

đ) Provinces with a population from over 3,500,000, the ratio from 1.09% to 0.6%;

e) Based on the situation and requirements of national defense and military tasks of the locality, the number of the People's Militia Force at the provincial level may be higher or lower than the provisions of Clause 1 of this Article.

2. Building the number of the People's Militia Force at the district level

a) Districts in remote areas, mountainous regions, island districts with a population from 20,000 to 50,000, the ratio from 5% to 2.4% compared to the population;

b) Districts with a population from over 50,000 to 100,000, the ratio from 2.39% to 1.9%;

c) Districts with a population from over 100,000 to 200,000, the ratio from 1.89% to 1.7%;

d) Districts with a population from over 200,000 to 300,000, the ratio from 1.69% to 1.5%;

đ) Districts with a population from over 300,000, the ratio from 1.49% to 1%;

e) Island districts with a population under 20,000, island districts without communes, based on requirements and tasks of national defense and security, appropriate ratios should be arranged to strengthen national defense and security of the locality.

3. Building the number of the People's Militia Force at the commune level.

a) Communes in remote areas, mountainous regions, island communes with a population under 1,000, the ratio from 8% to 5% compared to the population;

b) Communes with a population from over 1,000 to 3,000, the ratio from 4.99% to 3.3%;

c) Communes with a population from over 3,000 to 6,000, the ratio from 3.29% to 2.2%;

d) Communes with a population over 6,000 to 15,000, the ratio from 2.19% to 1%;

đ) Communes with a population over 15,000 to 25,000, the ratio from 0.99% to 0.5%;

e) Communes with a population over 25,000, the ratio from 0.49% to 0.3%;

4. Building the Self-Defense Force at agencies and organizations

a) State agencies with a number of civil servants, public officials, employees under long-term labor contracts from 50 people or more, the ratio of self-defense forces from 10% to 20% compared to the total number of civil servants, public officials, employees;

b) State agencies with fewer than 50 civil servants, public officials, employees, the ratio and establishment of self-defense units shall be decided based on specific circumstances by the Military Command Board at the district level.

5. Building the Self-Defense Force at enterprises

a) Enterprises with 50 to 500 workers, the ratio from 15% to 10%;

b) Enterprises with more than 500 to 1,500 workers, the ratio from 9.9% to 8%;

c) Enterprises with more than 1,500 to 3,000 workers, the ratio from 7.9% to 4%;

d) Enterprises with more than 3,000 workers, the ratio from 3.9% to 1.2%;

đ) Enterprises with fewer than 50 workers, but due to the nature of the enterprise and national defense-security requirements, a self-defense squad should be organized.

e) When enterprises build self-defense forces as stipulated in points a, b, c, d, đ of Clause 5 of this Article, the number of workers counted is those who have signed labor contracts for six months or more and are within the age range for performing militia service obligations.

Article 10. Organization and staffing of self-defense militia units

1. Organization and staffing of mobile and local self-defense militia units Unit Organization Staffing Officer Battalion Officer Company Commander Squad Leader Team Leader Soldier Total number 01

2. Organization and staffing of anti-aircraft and artillery self-defense militia units Unit Organization Staffing Officer Battalion Company Commander Gun Crew Commander Soldier Total number Gun Crew 01

Battalion

4. Staffing of communication, engineering, reconnaissance, chemical defense, medical self-defense militia units, from team level to company level according to Clause 1 of this Article.

5. Based on population, geography, nature, requirements of national defense and security during peacetime and wartime, and specific conditions of each locality, the Commandant of Hanoi Capital and the Provincial Military Command shall develop plans for organizing self-defense militia forces to be submitted for approval by the Chairman of the People's Committee at the same level.

Article 11. Organization of maritime self-defense militia forces

1. Organization of maritime militia force For fishing boats and ships of cooperatives, teams, associations, clans, and individual households operating at sea: Select a certain number of boat owners, captains, sailors, and workers who are locals, some workers from other places with certificates of self-defense militia members, having credibility and meeting the criteria stipulated in Clause 1 of Article 11 of the Militia Law, to be staffed into the maritime militia, accounting for 50% to 80% of the total number of workers on the boats and ships; arrange a squad on 2 to 3 boats and ships, and a company on 4 to 6 boats and ships operating in the same fishing ground.

2. Maritime self-protection organization

a) For enterprises established by decisions of the provincial People's Committees: Enterprises meeting the conditions stipulated in Article 12 of Decree 58/2010/NĐ-CP of the Government, must have at least 30% of the workforce on their boats and ships being locals; select boat owners, captains, sailors, and crew members who meet the criteria stipulated in Clause 1 of Article 11 of the Militia Law, to be staffed into the maritime self-protection force; organizational scale at team, squad, and company levels.

b) For enterprises operating at sea established by decisions of the Prime Minister and relevant Ministries: 100% of enterprises must organize self-protection units on their boats, ships, drilling platforms, lighthouses, and other exploitation facilities at sea; staff 100% of officers and crew members on boats, ships, drilling platforms, lighthouses, and exploitation facilities at sea into self-protection; organizational scale implemented according to the provisions of Clause 4 of Article 9 of this Circular.

3. Do not staff workers who are reserve military personnel already assigned to mobilization units into maritime self-defense militia units.

Article 12. Organization of permanent militia forces

1. Based on the requirements of national defense and security tasks, borderland communes, island communes, coastal communes, inland key defense and security communes, and island districts shall organize permanent militia forces with a strength of 7 to 10 people in a state of readiness; in combat readiness states or higher defense states, they can be organized from reinforced squads to companies.

2. When changing permanent militia forces, the old and new forces must alternate, with the change ratio not exceeding 50% of the manpower.

Article 13. Building Proposals and Policies on the Organization, Training, and Activities of the Self-Defense Militia Force

1. The Military Command of the Military Region shall direct the Provincial Military Command to take the lead in coordinating with relevant agencies to assist the Provincial People's Committee in building proposals and policies on the organization, training, and activities of the Self-Defense Militia Force, to be submitted for approval by the Provincial People's Council. The Military Command of Hanoi City shall take the lead in coordinating with relevant agencies to assist the Hanoi City People's Committee in building proposals and policies on the organization, training, and activities of the Self-Defense Militia Force, to be submitted for approval by the Hanoi City People's Council.

2. Content of Plans and Proposals

a) Organizing propaganda, dissemination, education, training, and capacity building on the Law on the Self-Defense Militia Force and guiding documents for its implementation;

b) Scale and organization of the Self-Defense Militia Force;

c) Training of the Chief and Deputy Chiefs of the Military Command at the commune level, and training and capacity building for cadres of the Military Command at the commune level, Military Command of agencies and organizations at the grassroots level, and commanders of Self-Defense Militia units.

d) Establishment of personnel strength, construction of headquarters premises, equipment of the Military Command at the commune level, and accommodation and rest facilities for the permanent Self-Defense Militia force and mobile Self-Defense Militia when mobilized to perform tasks as stipulated in Article 8 of the Law on the Self-Defense Militia Force;

đ) Production and equipping of self-made weapons and auxiliary tools for core Self-Defense Militia members;

e) Construction of training grounds and practice fields for cadre training, training, competitions, and exercises of the Self-Defense Militia Force;

g) Building of the permanent Self-Defense Militia force along borders, island communes, and key defense and security communes;

h) Building of mobile Self-Defense Militia platoons at the commune level, mobile Self-Defense Militia companies at the district level;

i) Building of anti-aircraft machine gun platoons of 12.7mm, 14.5mm caliber, mortar platoons of 82mm caliber, and anti-aircraft artillery companies of 23mm or 37mm-1 caliber, field artillery companies of 105mm or 85mm or 76.2mm caliber, provincial-level self-defense battalions;

k) Building of enterprise self-defense platoons outside state-owned enterprises;

l) Building of Self-Defense Militia platoons on the sea engaged in distant fishing;

m) Training of Self-Defense Militia members who have completed their service in the core Self-Defense Militia to meet the conditions to become first-class reservists;

3. Building Policies for the Self-Defense Militia Force

a) Providing workday allowances, food subsidies, and other expenses for core Self-Defense Militia members and broad Self-Defense Militia members when mobilized to perform tasks as stipulated in Article 8 of the Law on the Self-Defense Militia Force;

b) Uniforms, hats, insignias for the core Self-Defense Militia Force;

c) Policies for maritime Self-Defense Militia members performing duties to maintain public order and search and rescue operations at sea, and policies for maritime Self-Defense Militia members participating in tasks to protect sovereignty over maritime zones and islands;

d) Policies for permanent Self-Defense Militia members in border communes, island communes, and key defense and security communes;

đ) Policies for core Self-Defense Militia members who have completed their service in the Self-Defense Militia;

e) Salary policies, management responsibility allowances, special defense and military allowances, seniority allowances, welfare benefits, travel allowances, and transportation costs for self-defense members;

g) Policies for temporarily suspending labor contracts during the performance of core self-defense duties;

h) Policies for Self-Defense Militia members who fall ill, suffer accidents, die, or are injured and sacrificed.

4. Local military authorities at all levels, Military Commands at the commune level, Military Commands of agencies and organizations at the grassroots level shall take the lead in coordinating to organize and implement the proposals and policies within their jurisdiction.

Article 14. Number and Structure of the People's Militia Command at the Commune Level

1. The number of officers in the People's Militia Command at the commune level:

a) For communes classified as type 1 and type 2 according to the provisions of Decree No. 159/2005/NĐ-CP dated December 27, 2005 on the classification of administrative units such as communes, wards, towns, and key defense-security communes, the staffing shall not exceed five people including: Commander, Political Commissar, Deputy Political Commissar, and two Deputy Commanders.

b) For the remaining communes, the staffing shall be four people including: Commander, Political Commissar, Deputy Political Commissar, and Deputy Commander.

2. The structure of officers in the People's Militia Command at the commune level:

a) The Commander shall be a member of the Commune People's Committee;

b) The Political Commissar shall concurrently hold the position of Secretary of the Party Committee (branch) at the commune level;

c) The Deputy Political Commissar shall concurrently hold the position of Secretary of the Communist Youth Union at the commune level;

d) The Deputy Commander shall be a non-professional cadre or a professional cadre assigned by the Provincial People's Committee in accordance with the additional quota specified in Clause 1, Article 4 of Decree No. 92/2009/NĐ-CP dated October 22, 2009 of the Government regarding the titles, numbers, and certain policies for cadres, civil servants, and non-professional staff at the commune level; borderland communes and island communes usually assign professional cadres.

e) When the term of office expires, they may be reappointed upon review.

Article 15. Structure and Number of Officers in the People's Militia Command of Agencies and Organizations at the Grassroots Level

1. People's Militia Command of Agencies and Organizations at the Grassroots Level:

a) People's Militia Command of agencies and organizations under central ministries and state-owned corporations and economic groups that are not directly managed by the central government;

b) People's Militia Command of agencies and organizations under provincial departments, People's Militia Command of agencies and organizations under county party committees and county people's committees; established in accordance with Article 17 of Decree No. 58/2010/NĐ-CP of the Government.

2. The number of officers in the People's Militia Command of agencies and organizations at the grassroots level shall be four people, but based on the requirements of national defense and military tasks, the area of operation, and the management of multiple industries and fields, the number can range from five to six people;

a) The Commander shall be the head or deputy head of the agency or organization holding the position concurrently;

b) The Political Commissar shall be the Secretary of the Party Committee holding the position concurrently;

c) The Deputy Political Commissar shall be a concurrent officer, typically held by the Secretary of the Communist Youth Union;

d) The Deputy Commander shall be one person or two to three people, including one Deputy Commander who is a professional cadre responsible for national defense and military work.

3. The People's Militia Command of agencies and organizations at the grassroots level under central ministries and state-owned corporations with headquarters in a province shall be established or dissolved by the Provincial Military Command where the headquarters is located.

Article 16. Composition of Commanders of Self-Defense Militia Units

1. Commanders of battalions and naval battalions include: Battalion Commander, Naval Battalion Commander, Battalion Political Commissar, Naval Battalion Political Commissar, Battalion Deputy Commander, Naval Battalion Deputy Commander, Battalion Deputy Political Commissar, Naval Battalion Deputy Political Commissar.

2. Commanders of companies and naval companies include: Company Commander, Naval Company Commander, Company Political Commissar, Naval Company Political Commissar, Company Deputy Commander, Naval Company Deputy Commander, Company Deputy Political Commissar, Naval Company Deputy Political Commissar.

3. Commanders of platoons, squads, and equivalent units shall only be one commander.

4. The mobile platoon commander at the commune level is usually concurrently held by the Village Self-Defense Militia Commander at the village where the headquarters is located or near the commune people's committee headquarters. In villages organizing platoon-level or squad-level self-defense militia units or local civilian defense teams, the positions of Platoon Commander or Squad Leader or Local Civilian Defense Team Leader are concurrently held by the Village Self-Defense Militia Commander. Squad leaders in the local self-defense militia platoon are assigned to local squad leaders.

5. The Village Self-Defense Militia Commander may concurrently hold the position of Village Head when required by the locality.

Article 17. Special equipment for military offices at the People's Militia and Self-Defense Force Headquarters of communes, agencies, organizations at the grassroots level, and Ministries and central sector departments.

1. People's Militia and Self-Defense Force Headquarters of communes

a) Duty boards, name plates for each position within the People's Militia and Self-Defense Force Headquarters; statistical forms, registration systems, management books for core self-defense forces, citizens of conscription age participating in the militia and reserve forces, male citizens of draft age, and duty logbooks and shift handover books.

b) Current legal documents on militia and self-defense force work, national defense education and security education, civil defense, and local defense and military affairs work; one issue of the People's Army Newspaper, one issue of the Militia and Self-Defense Force - National Defense Education Magazine;

c) Equipment and material resources to ensure the readiness for combat, combat operations, activities, training, and civil defense for the militia;

d) Other equipment serving command work.

2. People's Militia and Self-Defense Force Headquarters of Ministries and central sector departments, agencies, and organizations at the grassroots level

a) Equipped according to the provisions of Clause 1 of this Article;

b) Equipped based on the nature of the sector under management, as specified separately for each sector.

3. Basic material standards for officers of People's Militia and Self-Defense Force Headquarters of communes, agencies, and organizations at the grassroots level, and Ministries and central sector departments shall be guided specifically by the Ministry of National Defense in coordination with the Ministry of Public Security, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Finance.

Article 18. Procedures for organizing the establishment and dissolution of People's Militia and Self-Defense Force Headquarters of Ministries and central sector departments, agencies, and organizations at the grassroots level.

1. Establishment of People's Militia and Self-Defense Force Headquarters of Ministries and central sector departments

a) The head of Ministries and central sector departments proposes to the Party Cadre Committee of Ministries and central sector departments for consideration and recommendation to establish the People's Militia and Self-Defense Force Headquarters of Ministries and central sector departments and appoint the positions of officers in the People's Militia and Self-Defense Force Headquarters of Ministries and central sector departments, with a number ranging from 4 to 6 people to the Ministry of National Defense (through the Civilian Militia and Self-Defense Force Bureau - the Central Office for Defense Work of Ministries and central sector departments and localities);

b) The Civilian Militia and Self-Defense Force Bureau coordinates with Ministries and central sector departments to report to the competent authority to submit to the Minister of National Defense for a decision to establish the People's Militia and Self-Defense Force Headquarters of Ministries and central sector departments and appoint the positions of officers in the People's Militia and Self-Defense Force Headquarters of Ministries and central sector departments.

2. Establishment of People's Militia and Self-Defense Force Headquarters of agencies and organizations at the grassroots level

a) The Commandant of the Hanoi Capital Military Command and the Provincial Military Command base on the provisions of Article 17 of Decree 58/2010/NĐ-CP of the Government, request agencies and organizations meeting the conditions to establish the People's Militia and Self-Defense Force Headquarters of agencies and organizations at the grassroots level to submit a proposal for establishment and appointment of the positions of officers in the People's Militia and Self-Defense Force Headquarters of agencies and organizations at the grassroots level;

b) Based on the proposal of the agency or organization, the Commandant of the Hanoi Capital Military Command and the Commander of the Provincial Military Command issue a decision to establish the People's Militia and Self-Defense Force Headquarters of agencies and organizations at the grassroots level and appoint the positions of officers in the People's Militia and Self-Defense Force Headquarters of agencies and organizations at the grassroots level;

3. Dissolution procedures for People's Militia and Self-Defense Force Headquarters of Ministries and central sector departments, agencies, and organizations at the grassroots level, and removal of the positions of officers in these headquarters follow similar steps as the establishment procedures.

Article 19. Procedures for Establishing and Dissolving Civil Defense Militia Units

1. Establishment procedures

a) Based on national defense and security tasks and plans for building civil defense militia forces at the local level, the Command of the Capital City of Hanoi, the Military Command of the province, and the Military Committee of the district shall survey and grasp the situation; the Military Committee of the commune, the Military Committee of the agency, and the organization at the grassroots level shall be responsible for coordinating to build documents proposing the establishment of civil defense militia units;

b) Based on the organizational plan for civil defense militia forces in the area approved by the People's Committee at the same level, the Military Committee of the district shall guide communes, agencies, and organizations to build plans for organizing and establishing civil defense militia units, propose military authorities at the provincial and district levels to review and issue decisions on establishment and appointment of command positions in civil defense militia units;

2. The dissolution of civil defense militia units and the removal of command positions in civil defense militia units shall follow similar steps as those for establishing civil defense militia units.

Article 20. Officers of the Vietnam People's Army Commanding Core Civil Defense Militia Units

1. The assignment of officers of the Vietnam People's Army to command core civil defense militia units in the following cases:

a) State-owned enterprises with organized self-defense forces;

b) When mobilizing independent civil defense militia units or coordinating to perform civil defense tasks outside the commune area;

c) When a riot occurs in the locality and civil defense militia units from other places must be mobilized according to the order of competent authorities;

d) When mobilizing civil defense militia units to participate in tasks to protect sovereignty and maritime rights in Vietnam’s sea areas.

2. The Commander of the Command of the Capital City of Hanoi, the Chief of the Military Command of the province, the Chief of the Border Guard Force of the province, the Chief of the Naval Zone, the Chief of the Military Committee of the district, and the head of state-owned enterprises shall issue decisions to assign officers to command core civil defense militia units in the cases stipulated in Clause 1 of this Article.

Chapter 3

TRAINING, ENHANCEMENT, AND INSTRUCTION OF COMMANDERS AND CORE CIVIL DEFENSE MILITIA TRAINING

Article 21. Training of Military Personnel of the Commune Military Committee

1. Forms of training

a) Vocational training at the intermediate level in the field of basic military;

b) College-level training in the field of basic military;

c) University-level training in the field of basic military;

d) Continuous training from vocational training at the intermediate level in the field of basic military to college-level training in the field of basic military;

đ) Continuous training from vocational training at the intermediate level in the field of basic military to university-level training in the field of basic military;

e) Continuous training from college-level training in the field of basic military to university-level training in the field of basic military.

2. Training targets

a) Chiefs and Deputy Chiefs of the Commune Military Committee who have not undergone training; core civil defense militiamen or those who have completed their compulsory service in core civil defense militia units; cadres and party members currently working at the commune level; military personnel who have completed their compulsory service in the armed forces and transferred back to work in the commune planning cadre pool, selected or recruited according to regulations of the Ministry of Education and Training;

b) Priority candidates for admission: Children of martyrs, children of wounded veterans, children of those entitled to benefits equivalent to wounded veterans, children of National Heroic Forces, National Labor Heroes, children of those who contributed to the revolution, children of those who participated in the resistance war for national liberation, defending the country, and international missions; ethnic minorities living in economically and socially extremely difficult areas; people whose parents have lived in mountainous areas (excluding towns and townships) for at least five years;

c) Candidates for admission through nomination: Implemented according to Articles 39, 40, 41, and 42 of Circular No. 11/2010/TT-BQP dated February 2, 2010, of the Ministry of National Defense on guidelines for military admissions in 2010 or according to annual guidelines of the Ministry of National Defense.

2. Training standards

a) Clear background;

b) Age limit for attending training courses under points a, b, and c of Clause 1 of this Article shall not exceed 25 years old for source candidates, not more than 27 years old for those holding positions of platoon commander or higher in civil defense militia units, not more than 29 years old for those specified in points d and đ of Clause 1 of this Article, and not more than 32 years old for those specified in point e of Clause 1 of this Article;

c) High school graduation or equivalent educational qualifications;

d) Party member or eligible to become a Party member of the Communist Party of Vietnam during the training period;

đ) Good health to complete training courses;

e) Continuous training for those who have graduated from vocational training at the intermediate level in the field of basic military or college-level training in the field of basic military; those with good grades can be directly admitted after graduation; those with average grades must have at least one year of relevant work experience at the Commune Military Committee and successfully complete assigned tasks.

3. Training programs

a) The Ministry of Education and Training shall issue the framework program for vocational training at the intermediate level in the field of basic military, the framework program for college and university-level training in the field of basic military;

b) The Ministry of National Defense shall develop detailed programs and training regulations for vocational training at the intermediate level in the field of basic military, college, and university-level training in the field of basic military based on the framework program according to Clause 2 of Article 32 of the Civil Defense Militia Law.

4. Duration of training

a) Vocational training at the intermediate level in the field of basic military lasts 18 months;

b) College-level training in the field of basic military from the commune cadre planning pool lasts 36 months;

c) University-level training in the field of basic military from the commune cadre planning pool lasts 48 months;

d) Continuous training from vocational training at the intermediate level in the field of basic military to college-level training in the field of basic military lasts 18 months;

đ) Continuous training from vocational training at the intermediate level in the field of basic military to university-level training in the field of basic military lasts 36 months;

e) Continuous training from college-level training in the field of basic military to university-level training in the field of basic military lasts 18 months;

5. Those who obtain a diploma from training military personnel of the Commune Military Committee as stipulated in Clause 1 of this Article may be proposed and considered for promotion to reserve officer rank according to the law.

6. The military recruitment boards at all levels shall be responsible for assisting the Party committees and local authorities at the same level in organizing guidance, preliminary selection, nomination, and examination according to the annual quotas assigned, organizing strictly the sessions of candidates belonging to the categories attending regular training courses from college and university training sources to military schools under Military Zones, and the Command of the Capital's Military Forces; based on the planning of training military cadres at the commune level of the locality, the Provincial Military Command shall take the lead in coordinating with the Provincial Party Organization Board, Department of Home Affairs, and the People's Committee of the district in selecting people for training to submit for approval by the Provincial People's Committee.

Article 22. Training and instructing cadres

1. Training

a) Cadres of the Central Military District Command and Ministries must undergo national defense and security knowledge training at the National Defense Academy and military schools, following the content stipulated in the program for training national defense and security knowledge for cadres, civil servants, and party members (issued together with Decision No. 389/QD-BQP dated February 27, 2007 of the Minister of National Defense); annually, based on national defense and military tasks, the Ministry of National Defense will define the training program for national defense and security knowledge; update new contents of national defense and security knowledge training, lasting from 2 to 3 days;

b) For cadres of the Military District Command of agencies and organizations at the grassroots level, cadres of the Military District Command of communes who have not undergone training, and specialized cadres in charge of national defense and military affairs must undergo training at the Military School of Military Zones, the Military School of the Command of the Capital's Military Forces, and the Military School of the province.

2. Instructing cadres

a) Cadres of the Military District Command of communes, Military District Command of agencies and organizations at the grassroots level, battalion cadres, company cadres, platoon leaders, anti-aircraft gunners, artillerymen; engineering platoon leaders, infantry squad leaders; cadres commanding naval fleets, naval battalions, platoon leaders of self-defense militia marine forces shall be instructed at provincial military schools, the Military School of the Command of the Capital's Military Forces, and the Naval Region.

b) Cadres of mobile and stationary self-defense militia platoons, village platoon leaders; squad and group cadres of self-defense militia forces in communication, reconnaissance, chemical defense, and medical services shall be instructed at the Military District Command of the county.

3. The content and program of training and instructing cadres shall be regulated as stipulated in Circular No. 79/2010/TT-BQP dated June 23, 2010 of the Ministry of National Defense promulgating the program for training and instructing cadres and training core self-defense militia forces.

Article 23. Political education, legal training, and military training for core self-defense militia soldiers

1. Core self-defense militia soldiers shall be educated politically, trained militarily, and legally according to a four-year program and advanced training as stipulated in Circular No. 79/2010/TT-BQP dated June 23, 2010 of the Ministry of National Defense promulgating the program for training and instructing cadres and training core self-defense militia forces.

2. The Command of the Capital's Military Forces, the Provincial Military Command, and the Naval Region Command shall base their training programs on those defined by the Ministry of National Defense, directly guided by Military Zones and the Navy Command, and specific conditions of each locality to determine appropriate training contents. They shall implement basic, practical, quality-oriented training principles, creatively and reasonably apply them, closely aligning with the requirements and tasks of the locality.

3. The time for political education, legal training, and military training for self-defense militia forces shall be regulated as stipulated in Article 34 of the Law on Self-Defense Militia. The Command of the Capital's Military Forces, the Provincial Military Command, and the Military District Command of the county shall be responsible for directing, guiding, urging, and inspecting localities and bases to organize political education, legal training, and military training for self-defense militia forces in accordance with the prescribed time, ensuring quality according to the program and content regulations.

4. Training Levels

a) The Military District Command of communes and the Military District Command of agencies and organizations at the grassroots level shall directly organize political education, legal training, and military training for first-year soldiers, stationed, mobile, medical, and self-defense militia forces in communes where they are organized; in places with conditions, newly recruited soldiers may be concentrated for training at commune clusters or the Military District Command of the county;

b) The Military District Command of the county shall organize political education, legal training, and military training for mobile self-defense militia forces, stationary self-defense militia forces under its jurisdiction, anti-aircraft machine gun platoons of 14.5mm and 12.7mm, mortar platoons of 82mm, 82mm recoilless rifle platoons, engineering, reconnaissance, communication, and chemical defense squads within the county;

c) The Command of the Capital's Military Forces and the Provincial Military Command shall organize political education, legal training, and military training for anti-aircraft artillery forces of 23mm or 37mm-1, field artillery forces of 105mm or 85mm or 76.2mm, self-defense battalions, and mobile self-defense militia forces mobilized for tasks according to orders from the Commander of the Provincial Military Command and the Commander of the Command of the Capital's Military Forces;

d) For maritime self-defense forces: Maritime fleet and squadron self-defense forces managed and directed by the Navy Command shall organize training at the fleets and squadrons; maritime self-defense forces of provinces and cities shall be organized for training by the county.

Article 24. Drills, Competitions, and Sports Meetings

1. Drills: The Ministry of National Defense shall have separate regulations.

2. Sports Meetings

a) At the district level, once a year;

b) At the provincial level, twice every five years;

c) At the Military Region level, twice every five years;

d) At the Ministry level, once every five years.

3. Competitions: Based on specific circumstances, localities organize comprehensive or specialized competitions.

Article 25. Responsibilities of Military Regions, Military Services, Command of the Capital City of Hanoi, Provincial Military Commands, and County Military Directories in Directing the Training of Self-Defense Militia

1. Annually, based on the Circular of the Minister of National Defense regarding defense work in ministries, sectors, and localities, orders on self-defense militia work, national defense education and security work, and the plan for implementing the militia self-defense force mission of the General Staff, and the actual situation of the locality, the Commander of the Military Region, the Commander of the Navy Service, and the Commander of the Command of the Capital City of Hanoi issue orders on combat readiness training; orders on self-defense militia work and national defense education appropriate to the requirements and tasks assigned in defense and military affairs.

2. The Commander of the Military Region directs the Provincial Military Command to assist the Provincial Party Committee, the People's Committee of the province, and the Command of the Capital City of Hanoi to assist the Municipal Party Committee and the People's Committee of Hanoi City in leading and directing local defense and military work, self-defense militia work; inspect and guide subordinate units under their command to organize and implement militia self-defense training; at the same time approve plans for training and instructing militia self-defense cadres and political education and military training for militia self-defense soldiers of the County Military Directory under the Command of the Capital City of Hanoi.

3. The Commander of the Command of the Capital City of Hanoi and the Chief of the Provincial Military Command direct the County Military Directory, the Military Directory of agencies and organizations at the grassroots level to assist the County Party Committee, the People's Committee of the county, and the heads of agencies and organizations in leading and directing local defense and military work, self-defense militia work; inspect and guide subordinate units under their command, organize and implement militia self-defense training, approve plans for training and instructing militia self-defense cadres and political education and military training for militia self-defense soldiers.

4. The Chief of the County Military Directory directs the Village Military Directory to assist the Party Committee and the People's Committee of the village in leading and directing local defense and military work and self-defense militia work; directly approve and implement militia self-defense training plans for the village and agencies and organizations; participate in training cadres according to the regulations from above.

5. Annually, based on the guidance of higher-level military authorities, self-defense leaders in enterprises without a Military Directory build plans for political and legal education and military training for self-defense forces to be approved by the Chief of the County Military Directory; organize and implement training plans for self-defense forces to ensure quality and effectiveness; participate in training according to regulations.

Chapter 4

IMPLEMENTATION

Article 26. Propaganda and Dissemination of Law on Self-Defense Militia

The Commandants of Military Regions, the Navy Command, People's Committees at all levels, and central ministries and agencies shall organize propaganda, dissemination, training, and instruction to enhance awareness and responsibility among self-defense militia forces, cadres, and the people regarding the Law on Self-Defense Militia and guiding documents for its implementation.

Article 27. Responsibilities of the Commandant of Hanoi Capital, Provincial Military Commands, and County Military Directories

1. The Commandant of Hanoi Capital, Provincial Military Commands, and County Military Directories shall advise the respective party committees and authorities on issuing leadership and guidance documents for building self-defense militia forces; take the lead in coordinating with relevant agencies to develop and implement planning, programs, and projects concerning organization, training, activities, and policies for self-defense militia forces.

2. Take the lead in coordinating with relevant agencies to implement training and development programs for cadres, training, and activities of self-defense militia forces; enforce measures to improve the overall quality of self-defense militia forces, prioritizing political quality.

3. Implement decisions by competent authorities to expand self-defense militia forces; organize inspections and checks on compliance with laws on self-defense militia forces; resolve complaints and accusations and handle violations of laws on self-defense militia forces.

4. Annually and during each period, assist the People's Committee at the same level in organizing mid-term and final reviews, drawing lessons learned to continuously improve the implementation of the Law on Self-Defense Militia, promptly recognizing and rewarding achievements; propose directions for leadership and guidance, solutions to address difficulties and shortcomings at each locality and grassroots level.

Article 28. Responsibilities of Military Directories of Agencies and Organizations at the Grassroots Level

1. Assist the heads of agencies and organizations in implementing directives from competent authorities as stipulated by laws on self-defense militia forces.

2. Assist the heads of agencies and organizations in developing and implementing plans for the organization, training, and activities of subordinate self-defense units according to the guidance of Provincial Military Commands and County Military Directories.

3. Military Directories of agencies and organizations at the grassroots level may mobilize self-defense forces to participate in competitions organized by Central Military Directories of Ministries and Agencies; other activities of self-defense forces shall be directly directed and commanded or coordinated by Provincial Military Commands and County Military Directories, or coordinated with Central Military Directories of Ministries and Agencies to guide the implementation of the Law on Self-Defense Militia.

4. Advise on ensuring funding, material resources, and means for the tasks of organizing, training, and activities of core self-defense forces within agencies and organizations.

5. Implement decisions by competent authorities to expand self-defense militia forces; coordinate in inspecting and checking compliance with laws on self-defense militia forces, implementing plans of Provincial Military Commands and County Military Directories; conduct mid-term and final reviews, competitions, and rewards for self-defense militia work.

6. Assist the heads of agencies and organizations in coordinating with Party cells and local authorities in organizing, training, and activities, and ensuring policies and benefits for self-defense militia forces.

Article 29. Responsibilities of Central Ministries and Agencies

1. Issuing leadership and guidance documents for the implementation of tasks related to building the People's Militia and Self-Defense Force in accordance with the provisions of the law;

2. Directing and organizing the implementation of national planning and plans regarding the work of the People's Militia and Self-Defense Force during peacetime and wartime according to assigned tasks;

3. Combining the construction and training activities of the People's Militia and Self-Defense Force with the implementation of political tasks in the planning and plans managed by the Central Ministries and Agencies; taking the lead or coordinating with military regions and provincial military command departments to organize force-wide self-defense sports meets.

4. Cooperating with functional agencies of the Ministry of National Defense to organize inspections, audits, mid-term reviews, and final summaries to draw lessons from defense, military, national defense education - security, civil defense, and self-defense work.

Article 30. Responsibilities of Provincial People's Committees

1. Submitting to the same-level People's Council for approval and decision on planning, plans, and propaganda and dissemination programs of the Law on the People's Militia and Self-Defense Force; consolidation and construction plans for the headquarters or workplace of the provincial military command department; construction plans for drill fields and assembly areas combined with national defense education - security at the commune or cluster commune level; production, procurement, and purchase of homemade weapons, equipment, and support tools; construction plans for mobile militia and anti-aircraft artillery militia forces; construction plans for self-defense forces in industrial zones and high-tech parks; construction plans for standing militia forces in places where standing militia organizations exist; construction plans for maritime militia and self-defense forces in coastal and island areas; plans ensuring systems, policies, uniforms for militia and self-defense forces to meet training and operational requirements of militia and self-defense forces.

2. Directing and organizing the implementation of laws on the People's Militia and Self-Defense Force at the local level; issuing directive documents for building the People's Militia and Self-Defense Force within their authority.

3. Directing the development of plans and implementing training for cadres of the commune-level military command department; training and instructing militia and self-defense cadre and training and activities of the People's Militia and Self-Defense Force; implementing mobilization and utilization measures for the People's Militia and Self-Defense Force to perform tasks.

4. Organizing the implementation of decisions to expand the People's Militia and Self-Defense Force by competent authorities; coordinating with defense inspectors to inspect the implementation of laws on the People's Militia and Self-Defense Force; inspecting, resolving complaints and grievances, and handling violations of laws on the People's Militia and Self-Defense Force.

5. Directing the organization of mid-term reviews, final summaries, and the implementation of commendation and reward programs for militia and self-defense work.

Article 31. Effective Date

1. This Circular shall take effect 45 days from the date of signature.

2. Repealing Circular No. 171/2004/TT-BQP dated December 15, 2004 guiding the implementation of the Ordinance on the People's Militia and Self-Defense Force No. 19/2004/PL-UBTVQH11, and Decree No. 184/2004/NĐ-CP dated November 2, 2004 of the Government detailing the implementation of the Ordinance on the People's Militia and Self-Defense Force./.