Chương IV Luật dân quân tự vệ năm 2009: Hoạt động của dân quân tự vệ nòng cốt

Chapter IV

OPERATIONS OF THE CORE MILITIA AND SELF-DEFENSE FORCE

Article 37. Making and approval of operation plans

1. Commune-level military commands and military commands of grassroots agencies and organizations shall assume the prime responsibility for, and coordinate with concerned agencies in, making, adjusting and supplementing operation plans of militia and self-defense forces under their command according to the direction of chairpersons of People's Committees of the same level or heads of agencies or organizations, and shall submit them to the commanders of immediate superior military commands for approval.

2. The Minister of National Defense shall stipulate the contents of and procedures for making and approving operation plans of militia and self-defense forces.

Article 38. Combat-ready operations

1. Militia and self-defense units shall maintain operation in ready-combat states.

2. Chairpersons of commune-level People's Committees and heads of agencies and organizations shall direct and ensure combat-ready operations of militia and self-defense forces under their management.

3. The Minister of National Defense shall stipulate tasks, contents and regimes of operation of militia and self-defense forces in combat-ready states and of military headquarters at all levels regarding militia and self-defense work.

Article 39. Combat operations of militia and self-defense forces

1. Contents of combat operations of militia and self-defense forces include:

a/ Acting as the core in building combat villages and communes and performing civil defense tasks as prescribed by law:

b/ Coordinating with regular and local troops and other forces in fighting lire-power enemy attacks;

c/ Protecting the sheltering and evacuation of agencies, organizations and people; collaborating with the People's Public Security and other forces in protecting security and order in rear bases, people's evacuation areas and economic and social facilities during wartime:

d/ Being engaged in independent or concerted combat and serving combat in defense zones under the command of commanders of immediate superior military offices:

e/ Participating in building and consolidating political bases in wartime and acting as the core in political struggles together with the people.

2. Chairpersons of People's Committees at all levels and heads of agencies and organizations shall direct the assurance of combat operations of militia and self-defense forces under their management in defense zones.

Article 40. Protection of national borders, sea and islands

1. Militia and self-defense forces shall coordinate with the border guard, navy, marine police. People's Public Security and other forces in grasping the security and order situation and stand ready to protect the national sovereignty and border security and the national sovereignty and sovereign rights over Vietnam's sea areas.

2. The Government shall stipulate the coordination between militia and self-defense forces and other forces in protecting the national borders, sea and islands.

Article 41. Protection of political security and social order and safety

1. Militia and self-defense forces shall coordinate with the Peoples Public Security and other forces in grasping the situation, patrolling, guarding and defending targets, protecting production, political security and social order and safety at the grassroots level.

2. The Government shall stipulate the coordination between militia and self-defense forces and other forces in protecting political security and social order and safety at the grassroots level.

Article 42. Mass mobilization and participation in grassroots building

1. Militia and self-defense forces must be exemplary in observing and responsible for participating in mobilizing people to observe the Party's line and policies and the Slate's laws.

2. Militia and self-defense units shall coordinate with other forces in participating in local movements and campaigns to build comprehensively strong grassroots.

Article 43. Prevention and control and remedy of consequences of natural disasters, epidemics, search and rescue, and protection of forests and prevention and fighting of forest fires, and environmental protection

1. Militia and self-defense forces are on-site core forces in preventing and controlling, and remedying consequences of. natural disasters, search and rescue at the grassroots level under plans of the People's Committees at all levels. They shall coordinate with other forces in localities in protecting forests, preventing and fighting forest fires, protecting the environment and preventing and controlling epidemics.

2. The Government shall stipulate the coordination between militia and self-defense forces and forest protection and other forces in the protection of forests and prevention and fighting of forest fires.

Article 44. Competence to deploy militia and self-defense forces

1. In case it is not so serious enough to proclaim a state of war. a stale of defense emergency or a state of emergency but it is necessary to deploy militia and self-defense forces, the deployment competence is provided as follows:

a/ The Minister of National Defense or the Chief of the General Staff of the Vietnam People's Army may deploy militia and self-defense forces nationwide:

b/ Commanders of military zones may deploy militia and self-defense forces within military zones after reaching agreement with chairpersons of provincial-level People's Committees of localities in which militia and self-defense forces are deployed:

c/ The Commander of the Navy may deploy the marine militia and self-defense force after reaching agreement with commanders of military zones, chairpersons of provincial-level People's Committees and heads of agencies and organizations in which the marine militia and self-defense force is deployed;

d/ The Commander of the Hanoi Capital High Command may deploy militia and self-defense forces after reaching agreement with the chairperson of the Hanoi Municipal People's Committee and the Chief of the General Staff of the Vietnam People's Army;

e/ Commanders of provincial-level military headquarters may deploy militia and self-defense forces within provinces after reaching agreement with chairpersons of provincial-level People's Committees and commanders of military zones:

f/ Commanders of district-level military commands may deploy militia and self-defense forces within districts after reaching agreement with chairpersons of district-level People's Committees and commanders of provincial-level military headquarters:

g/ Commanders of commune-level military commands and commanders of military commands of grassroots agencies and organizations may deploy militia and self-defense forces under their command to perform tasks within their communes after reaching agreement with chairpersons of commune-level People's Committees and heads of agencies and organizations and commanders of district-level military headquarters.

2. In a stale of war. a stale of defense emergency or a stale of emergency, the deployment and use of militia and self-defense forces must comply with law.

3. Chairpersons of People's Committees and heads of agencies and organizations in which militia and self-defense forces are deployed shall strictly observe deployment decisions of competent authorities.