Pháp lệnh về dân quân tự vệ số 45-L/CTN

 

ORDINANCE

ON THE MILITIA AND SELF-DEFENSE FORCES

In order to build a strong militia and self-defense force to contribute to the consolidation and strengthening of national defense and the maintenance of political security and social order and safety;

To increase the effect of State management and raise the sense of responsibility of the State agencies, economic and social organizations, the people's armed forces units and all citizens in the building of the militia and self-defense force;

Pursuant to Article 46 and Article 91 of the 1992 Constitution of the Socialist Republic of Vietnam;

Pursuant to the Resolutions of the 6th and 8th sessions of the IXth National Assembly on the program of legislation;

This Ordinance sets out provisions on the militia and self-defense force.

Chapter I

GENERAL PROVISIONS

Article 1.- The militia and self-defense force is an armed force of the masses not detached from production and work, a part of the People's Armed Forces of the Socialist Republic of Vietnam placed under the leadership of the Communist Party of Vietnam and the management and direction of the Government and the People's Committees, and the direct guidance and command of the military office at various levels; It is one of the main instruments to defend the Party, the Administration and the lives and property of the people and the property of the State in the localities.

At the commune, ward and township level this force is called militia; at the State agencies, administrative and non-business units, and economic organizations, and socio-political organizations it is called self defense force.

Article 2.- Vietnamese citizens without distinction of nationality, religion, social standing, cultural and professional standard from 18 to full 45 years old for men and from 18 to full 40 years for women, who are physically fit shall have the duty to join the militia and self-defense force.

Article 3.- All citizens in the age bracket stipulated at Article 2 of this Ordinance, shall be registered for management and recruitment into the militia and self-defense force. The modalities for registration and recruitment shall be prescribed by the Government.

Article 4.- The term of service in the militia and self-defense force is four years; with regard to the self-defense force this term may, depending on the need of the concerned unit, be extended to the end of the age bracket stipulated at Article 2 of this Ordinance.

Upon the expiration of the service term, the citizen who has accomplished his/her duty in the military and self-defense force shall be issued with a certificate and registered as such at the concerned unit for management and assignment of a task when necessary.

Article 5.- All State agencies, the Vietnam Fatherland Front and its member organizations, the economic organizations, social organizations, the People's Armed Forces units and all citizens have the responsibility to build the militia and self-defense force.

Article 6.-

1. The communes, wards , townships, State agencies, administrative and non-business units, State enterprises and socio-political organizations shall have to organize their own militia and self-defense force to defend their localities and establishments.

2. The organization of the self-defense force in the enterprises of other economic sectors shall be prescribed by the Government.

Article 7.- The militia and self-defense force has the following tasks:

1. To stand combat ready and to fight to destroy and decimate the enemy forces, to serve as the core for the movement of the entire people fighting against the enemy to defend the locality and the concerned unit;

2. To coordinate with the public security force, the border guard, the regular army and the people's organizations in defending the territorial sovereignty, political security and social order and safety; in defending the national defense installations, the weapons and technical military equipment depots, detecting and confiscating the weapons and military equipment kept illegally in the locality; and taking part in building a locality strong in all domains;

3. To reinforce the army and to coordinate with the army in fighting, serving the fight and serving the front;

4. To be exemplary in implementing and to campaign among the population for the implementation of the line, policies and undertakings of the Party and the laws of the State; to be the shock force in productive labor, in the defense of production, in the prevention and fight against and in overcoming the consequences of natural calamities, enemy sabotage and other grave incidents.

Article 8.- Officers and members of the military and self-defense force shall have to strictly carry out the regimes and regulations of the State and of the Ministry of Defense concerning the militia and self-defense force; they have to bear the insignia of the militia and self-defense force when on mission.

Article 9.- The organization and use of the militia and self-defense force contrarily to the prescriptions of this Ordinance is strictly forbidden.

Chapter II

ORGANIZATION, PERSONNEL, EQUIPMENT, TRAINING AND ACTIVITIES OF THE MILITIA AND SELF-DEFENSE FORCE

Section 1. ORGANIZATION, PERSONNEL, EQUIPMENT

Article 10.- The organization, personnel, weapons and equipment of the militia and self-defense force shall have to conform with the character and requirement of the national defense and security tasks in peace-time, war time and the political, economic, cultural and social characteristics and the concrete conditions of each locality and unit.

Article 11.-

1. The militia and self-defense force comprises: the core force which is the fighting force and the multi-functional force which is the force serving the fight and which shall be also a fighting force when necessary.

2. The size and organizational structure of the militia and self-defense force in each locality and establishment shall be prescribed by the Government.

Article 12.- The reserve armymen who are already enrolled in the reserve force units shall not be enrolled in the militia and self-defense force.

Article 13.-

1. The military command in a commune, ward, township or State enterprise comprises the commander, the political commissar and the deputy political commissar. It has the duty to serve as a staff to help the People's Committee and the director of the enterprise to direct the defense work, directly guide and command the militia and self-defense force in its building work and in its activities.

2. In a commune, ward or township, the commander is a member of the People's Committee in charge of defense work, the political commissar is an official who also assumes another function; the deputy commander is a full-time or part-time functionary as prescribed by the Government.

For a State enterprise, the commander, the political commissar and the deputy commander shall be assigned by the director of the enterprise who shall report the list to the local military office. If the enterprise comprises many units operating in many places, apart from the military command one or more full-time or part time functionary shall be appointed to assist the commander in the self-defense work.

3. In a State agency or an administrative or non-business unit, or a social political organization the head of the agency shall assume the leadership and assign a functionary to take charge of the command of the self-defense force of his agency and report the list to the local military office.

Article 14.- All the weapons and equipment of the militia and self-defense force from whatever source must be registered and closely managed and used for the right purpose and in conformity with the prescriptions of law.

Section 2. POLITICAL EDUCATION AND MILITARY TRAINING

Article 15.- Every year the officers and members of the militia and self-defense force shall be given political education and military training according to the program and curriculum of the Ministry of Defense. The time and duration of such education and training shall be made into a norm and included into the annual plan of the localities, State agencies, administrative and non-business units, socio-political organizations and enterprises.

Article 16.-

1. The time for concentrated political education and military training each year for the officers and members of the militia and self-defense force is prescribed as follows:

From 5 to 7 days for the on-site force;

7 days for the mobile force and combat detachments;

10 days for the combat standby units;

From 10 to 15 days for the military commanders of the communes, wards and townships and the functionaries in charge of the self-defense force at the State enterprises;

5 days for the commanders of the self-defense force at the State agencies, administrative and non-business units and socio-political organizations.

2.-In case of urgent necessity or war the term for the training of the above-said units and persons may be extended as prescribed by the Government.

Section 3. COMBAT ACTIVITIES OF THE MILITIA AND SELF-DEFENSE FORCE

Article 17.-

The activities of the militia and self-defense force in staying combat ready, in fighting, in defending political security and social order and safety are placed under the leadership of the Party Committee and the control and direction of the President of the People's Committee and the direct command of the military command at the grassroots and of the higher military office.

Article 18.- The military command at the communes, wards, townships, and State enterprises, the heads of the State agencies, administrative and non-business units and socio-political organizations shall have to draw up their plan of combat which must be approved by the district military office... (doan nay thieu mat mot cau)

Article 19.- The President of the People's Committee at the communes, wards, townships and the head of the State agency, administrative or non-business unit or the director of the State enterprise, socio-political organizations shall have to deploy their plans to ensure the training and combat of the militia and self-defense force to meet the requirements of the tasks in all circumstances.

Article 20.- When order comes from the competent military commander for the militia and self-defense force to do a combat duty or serve the fight, or to defend the political security and social order and safety outside the province or city directly under the central government, or the district or town or city under the province, the President of the People's Committee, the head of the State agency, the administrative or non-business unit, the socio-political organization or the director of the enterprise must strictly comply with the order.

Article 21.- In the key areas on the national border, along the coast, on offshore islands and in the hinterhand which need a high combat-readiness a regular standby militia and self-defense force to be assigned on a rotary basis shall be organized as prescribed by the Ministry of Defense.

Chapter III

STATE MANAGEMENT OF THE MILITIA AND SELF-DEFENSE FORCE

Article 22.- The State management of the militia and self-defense force consists of the following:

1. To organize the building and direct the activities of the militia and self-defense force;

2. To promulgate and direct the implementation of the legal documents on the militia and self-defense force;

3. To enact the regimes and policies with regard to the militia and self-defense force;

4. To control and inspect the observance of the legislation on the militia and self-defense force;

5. To make periodical and general reviews of the militia and self-defense work.

Article 23.-

1. The Government exercises unified State management over the militia and self defense work in the whole country.

2. The Ministry of Defense shall assist the Government in exercising State management in terms of organization, building and activities of the militia and self-defense force; direct, guide and promote and control the implementation of the organization, building and activities of the militia and self-defense force by the ministries, ministerial-level agencies, agencies attached to the Government, the People's Committees at various levels, the economic organizations and socio-political organizations.

The commanders of the military zones shall assist the Ministry of Defense in the direct guidance, direction and control of the deployment of the militia and self-defense work in the provinces and cities directly under the Central Government within the territory of the military zone.

3. The ministries, ministerial-level agencies, agencies attached to the Government shall, within the purview of their tasks and powers, coordinate with the Ministry of Defense in exercising State management over the organization, building and activities of the militia and self-defense force; monitor and urge the grassroots units in their branches and services to build the self-defense force according to the plan of the local military agency and settle issues related to the organization, building and activities of the militia and self-defense force.

Article 24.- The People's Committee at various levels shall exercise State management over the organization, building and activities of the militia and self-defense force within their locality, direct the services and military agencies at their level to carry out the tasks related to the organization, building, training, and activities of the militia and self-defense force on order from the higher military office; and to carry out the regimes and policies with regard to the militia and self-defense force.

The local military agency shall coordinate with the concerned agencies and assist the People's Committee of the same level to exercise State management over the organization, building and activities of the militia and self-defense force.

The military commander at the provincial, district and grassroots level shall take responsibility before the higher military office and the administration of his level for the direction and command of the militia and self-defense force in its organization, building and activities.

Article 25.-

The Vietnam Fatherland Front and its member organizations, the economic organizations and the social organizations at all levels have the responsibility to educate and prompt the members of their organizations to join the militia and self-defense force and supervise the implementation of the State management over the organization, building and activities of the militia and self-defense force as provided for in this Ordinance.

Chapter IV

REGIMES AND POLICIES WITH REGARD TO THE MILITIA AND SELF-DEFENSE FORCE

Article 26.-

1. The deputy military commander in charge of the military command of the commune, ward and township shall receive a monthly allowance equal to the allowance of a specialized post or another post in the People's Committee. The part-time deputy military commander shall receive an allowance equal to half of that of a full-time deputy military commander.

2. The officers and members of the militia and self-defense force shall be deferred from the annual public service labor duty while taking part in the militia and self-defense force.

3. The officers and members of the militia and self-defense force while performing their duty of military training or standing combat ready or serving the fight, or preventing and combating and overcoming the consequences of natural camilities and enemy sabotage and other serious incidents shall enjoy the following regimes:

a/ A member of the militia shall enjoy an allowance equivalent to the value of a workday in his/her locality; a member of the self defense force shall receive his/her full wage and other allowances (if any) .

In case of accident, sickness or death, he/she shall enjoy the same social insurance as a public servant or State employee. The allowance shall be paid by the social insurance fund if he/she is a member of the militia; and by the local budget if he/she is a member of the self -defense force;

c/ If he/she is wounded or dies while performing the task of fighting, serving the fight, preserving political security and social order and safety, or in courageously rescuing human lives or property of the State and the people, he/she or their families shall enjoy the preferential regimes and policies as provided for by law.

4. When an officer in the military command of the commune, ward or township attends a training course at the provincial military school, his family shall receive a daily allowance representing 10 percent of the minimum monthly wage.

Article 27.-

1. The annual expenditures for the building and activities of the self-defense force shall be derived from the following sources:

a/ The allocation to the local defense budget from the State budget;

b/ The local budget including the commune, ward or township budget.

2. The annual expenditures for the building and activities of the self-defense force in the State agencies, administrative and non-business units, socio-political organizations shall be assured by the State budget.

3. The expenditures for the building and activities of the self-defense force in the enterprises shall be defrayed by the enterprises themselves and shall be accounted for in the expenditures on production management.

Article 28.- Basing itself on the resolution of the People's Council, the People's Committee shall coordinate with the Fatherland Front organization of the same level to prompt the mass organizations and economic and social organizations and the population as a whole to contribute according to their capabilities and in the appropriate form to raising the defense and security fund in the locality. The President of the People's Committee at various levels shall have to closely manage the use of this fund.

The State agencies, the administrative and non-business units, socio-political organizations and enterprises shall prompt their officials and employees to contribute to the fund in order to support the building and activities of the self-defense force in their units.

Chapter V

COMMENDATION AND DISCIPLINE

Article 29.-

An organization or individual who has made meritorious contributions to the organization , building and activities of the militia and self-defense force shall be commended and awarded according to the common regime of the State.

Article 30.- Anyone who takes actions of evading, obstructing or opposing the organization, building and activities of the militia and self-defense force shall, depending on the character and extent of their offense, be subject to administrative sanctions or examined for penal liability as prescribed by law.

Article 31.- Anyone who misuses their position and powers to organize or use the militia and self-defense force contrarily to this Ordinance shall, depending on the character and extent of their offense, be subject to administrative sanctions or examined for penal liability as prescribed by law.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 32.- This Ordinance takes effect on the date of its promulgation. The earlier regulations which are contrary to this Ordinance are now annulled.

Article 33.- The Government shall provide for details and guide the implementation of this Ordinance.