Chương I Luật Dân quân tự vệ 2019: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law prescribes obligations to join militia and self-defense forces; positions, functions, tasks, principles, organization, operations, benefits, policies and responsibilities of agencies, organizations and individuals to militia and self-defense forces. 

Article 2. Term interpretation

In this Law, terms below are construed as follows:

1. “Militia and self-defense forces” refer to mass armed forces not separated from production and work, called “militia” if organized locally and “self-defense forces” if organized in regulatory authorities, political organizations, socio-political organizations, public service providers and economic organizations (hereinafter referred to as “agencies and organizations”).

2. “On-site militia and self-defense forces” refer to militia and self-defense forces operating in wards, communes, villages, hamlets and neighborhoods (hereinafter referred to as “villages”) and in agencies and organizations. 

3. “Mobile militia and self-defense force” refer to mobile militia and self-defense forces operating in many divisions according to decisions of competent authorities.

4. “Standing militia” refers to standing forces operating in vital areas in terms of national defense. 

5. “Marine militia and self-defense forces” refer to militia and self-defense forces operating in islands and territorial waters of Vietnam. 

6. “Expansion of militia and self-defense forces” refers to conscription of citizens within the group age who have not participated in military duty, militia and self-defense force duties and citizens who have participated in militia and self-defense force duties and reservists who have not been conscripted into reserve forces for militia and self-defense forces.

7. “Military commands of agencies and organizations” refer to entities established in agencies and organizations to exercise national defense roles.

Military commands of agencies and organizations do not include military commands of central ministries established under Law on National Defense.

8. “Militia and self-defense force operations” refer to direction, lead, command, management and operation in terms of organization, training, activities and assurance of militia and self-defense forces.

Article 3. Positions and functions of militia and self-defense forces

Militia and self-defense forces are constituents of people’s armed forces; forces to protect the Communist Party, government, lives and assets of the people, local and central agencies and organizations; core forces combating enemies with the people in local and central divisions during wartime.

Article 4. Organization and operation principles of militia and self-defense forces

1. Be placed under direction of the Communist Party of Vietnam, control of the President, joint management of Government, command of local governments and local level agencies affiliated to the Communist Party, heads of agencies and organizations; highest command of the Minister of National Defense; lead of the Chief of the General Staff of People’s Army of Vietnam, commanders of military units.

2. Comply with the Constitutions, regulations and law and international agreements to which Vietnam is a signatory; rely on the people, utilize total strength of the whole country and political system to perform tasks. 

3. Develop militia and self-defense forces strengthened and widespread; organization and payroll of militia and self-defense forces must satisfy national defense and security tasks, linked with administrative divisions and tasks of local governments, agencies and organizations; enable lead, direction, command, management and conformity with socio-economic conditions of each local division, agency and organization.

Article 5. Tasks of militia and self-defense forces

1. Be ready to fight, fighting and assistance with fighting to protect local and central divisions, agencies and organizations.

2. Cooperate with People’s Army, People’s Public Security and other forces within the division to protect sovereignty, security of national border, islands, territorial waters and airspace of Vietnam; participate in developing people-based national defense, national security defense and protection zones, ensure social security and safety, and participate in prevention and fight against crimes and violations as per the law.

3. Conduct tasks regarding military training, political and law strengthening, sports games and drills.

4. Participate in adopting measures regarding information warfare and cyberspace warfare according to regulations and law, and decisions of competent authorities.

5. Prevent, counter and remediate consequences of disasters, accidents, natural disasters, diseases, fire and explosion; search and rescue; protect forests and environment and conduct other civil protection tasks as per the law. 

6. Publicize and mobilize the people to follow guidance and viewpoints of the Communist Party, policies and regulations and law of government on national defense and security; participate in developing local and central government strengthened, completed and adopt social policies. 

7. Conduct other tasks as per the law.

Article 6. Composition of militia and self-defense forces

1. On-site militia and self-defense forces. 

2. Mobile militia and self-defense forces.

3. Standing militia.

4. Marine militia and self-defense forces.

5. Anti-aircraft, artillery, scouting, information, engineering, chemical defense and medical militia and self-defense forces. 

Article 7. Militia and self-defense force traditional day

March 28 of each year shall be the traditional day for militia and self-defense forces.

Article 8. Age and duration of participation in militia and self-defense forces during peacetime

1. Male citizens from 18 years of age until 45 years of age inclusively, female citizens from 18 years of age until 40 years of age inclusively are responsible for joining militia and self-defense forces; in case of voluntary participation, militia and self-defense force duties may last up to the age of 50 inclusively for male and 45 inclusively for female.

2. Duration of participation in on-site, mobile, marine, anti-aircraft, artillery, scouting, information, engineering, chemical defense and medical militia and self-defense forces is 4 years; duration of participation in standing militia is 2 years.

Based on requirement and tasks of national defense and military of local governments, agencies and organizations, duration of participation in militia and self-defense forces may be extended for no more than 2 years; for marine militia, self-defense forces and commanders of militia and self-defense forces may be extended without exceeding the age specified in Clause 1 of this Article.

3. Chairpersons of People’s Committees of communes and districts that do not have communes, heads of agencies and organizations shall decide to prolong the age group and duration of participation of militia and self-defense forces as specified in this Article.

Article 9. Registration of citizens for participation in militia and self-defense forces and management of militia and self-defense forces

1. Registration of citizens for participation in militia and self-defense forces is prescribed as follows:

a) In April of each year, based on results of registration of military duty, Chairpersons of People’s Committees of communes and districts that do not have communes, heads of agencies and organizations are responsible for registering citizens from 18 years of age for participation of militia and self-defense forces; organizing additional registration for citizens within the age group eligible for participation of militia and self-defense forces;

b) Chairpersons of People’s Committees of communes and districts that do not have communes are responsible for registering citizens within the age group eligible for participation in militia and self-defense forces that change residence or register temporary or permanent residence for participation in militia and self-defense forces. 

In case of changes to workplace, heads of agencies and organizations are responsible for registering citizens for participation in militia and self-defense forces;

c) Persons with physical disability, persons with life-threatening diseases and mental illnesses are exempted from registration and participation in militia and self-defense forces as per the law. 

2. Management of militia and self-defense forces is prescribed as follows:

a) Personnel of militia and self-defense forces that are absent during task period must report to direct commanders for consideration and decision;

b) Personnel of militia and self-defense forces that are temporarily absent for 3 months or more must report to military commands of communes or districts that do not have communes of are of residence, military commands of agencies and organizations or commanders of self-defense forces if military commands of agencies and organizations are not available;

c) Government shall regulate management hierarchies of militia and self-defense forces.

Article 10. Standards, selection and authorization for decision of citizens for participation in militia and self-defense forces 

1. Eligibility to be selected in militia and self-defense forces in addition to being Vietnamese citizens and within the age groups:

a) Defined background;

b) Stringent compliance with policies and viewpoint of the Communist Party, policies, regulations and law of government;

c) Adequate health to perform tasks of militia and self-defense forces.

2. Selection for militia and self-defense forces is prescribed as follows:

a) Ensure public, democracy and compliance with regulations and law;

b) On a yearly basis, military commands of districts shall direct and instruct People’s Committees of communes, agencies and organizations to select citizens for participation in militia and self-defense forces; military commands of districts shall directly make the selection if the districts do not have communes.

3. Reservists who have not been conscripted for reserve forces shall be selected for militia and self-defense forces.

4. Chairpersons of People’s Committees of communes and districts that do not have communes, heads of agencies and organizations shall decide which citizens to participate in militia and self-defense forces.

5. Minister of National Defense shall elaborate Clause 1 of this Article.

Article 11. Delay and exemption from participation in militia and self-defense forces during peacetime

1. A citizen shall be delayed from participation in militia and self-defense forces in case:

a) She is pregnant or raising a child under 36 months old; he is raising a child under 36 months old; or

b) He/she has inadequate health to perform tasks of militia and self-defense forces; or

c) He/she has a spouse who is an officer, professional servicemen, official, national defense employee, non-commissioned officer or soldier serving in People’s Army; or

d) He/she has a spouse who is an officer, non-commissioned officer, soldier or policeman serving for People’s Public Security; or

dd) He/she has a spouse who is official or youth volunteer assigned to extremely disadvantaged socio-economic area according the law provisions; or

e) He/she is the only breadwinner in a poor or near poor household; person directly taking care of relatives incapable of working or not in the age for working; person within a household heavily damaged in terms of humans and assets due to accidents, disasters or diseases confirmed by Chairperson of commune or district that do not have communes, or head of agency or organization where he/she lives; or

g) He/she is a spouse, child of sick soldiers, people infected with dioxin and suffering labor capacity reduction from 61% to 80%; or

h) He/she is studying in education institutions of regulatory authorities, political organizations, socio-political organizations and education institutions of formal education systems; he/she is working or studying abroad.

2. A citizen shall be exempted from participation in militia and self-defense forces in case:

a) He/she is a spouse or child of martyrs; or

b) He/she is a spouse, child of sick soldiers, people infected with dioxin and suffering labor capacity reduction of 81% or more; or

c) He/she is a reservist and has been arranged in reserve forces; or

d) He/she is directly taking care of Vietnamese heroic Mothers; directly taking care of persons suffering labor capacity reduction of 81% or more; or

dd) He/she is working in cipher field.

3. Citizens delayed or exempted from participation in militia and self-defense forces specified in Points c, d, dd, e and g Clause 1 and Points a, b and d Clause 2 of this Article shall be considered for selection in case of voluntary. 

4. Chairpersons of People’s Committees of communes and districts that do not have communes, heads of agencies and organizations shall decide which citizens to be delayed and exempted from participation in militia and self-defense forces.

Article 12. Dismissal from militia and self-defense forces before time limit and removal from list of militia and self-defense forces

1. A citizen shall be dismissed from militia and self-defense forces in case:

a) Female personnel of militia or self-defense force is pregnant or raising a child under 36 months old; male personnel of militia or self-defense force raising a child under 36 months old; or

b) He/she has inadequate health to perform tasks of militia and self-defense forces; or

c) His/her unexpected family hardships render inability to participate in militia and self-defense forces which is confirmed by Chairpersons of People’s Committees of communes and districts that do not have communes, heads of agencies and organizations; or

d) He/she is conscripted for army or People’s Public Security; employed as a national defense official or policeman; or

dd) He/she receives letter of admission in higher education institution, vocational education institution, school of regulatory authority, political organization or socio-political organization; receives notice and travels abroad for work or study.

2. A citizen shall be removed from list of militia and self-defense forces in case:

a) He/she is deceased or declared by the court to be missing or deceased; or

b) He/she is a suspect in a charge; or 

c) He/she is revoked from the title of militia and self-defense forces; or

d) He/she is met with enforced entry to education institutions; or 

dd) He/she is addicted to drugs according to confirmation of competent authority or met with enforced entry to rehabilitation centers;

e) He/she is met with education methods in commune, ward or town.

3. Chairpersons of People’s Committees of communes and districts that do not have communes, heads of agencies and organizations shall decide which citizens to be dismissed and removed from militia and self-defense forces.

Article 13. Completion of militia and self-defense force duties 

1. Personnel of militia and self-defense forces completing time limit specified in Clause 2 Article 8 of this Law shall be recognized as having completed participation in militia and self-defense forces.

2. Citizens already completed participation in militia and self-defense forces while still remain within the age group specified in Clause 1 Article 8 of this Law shall be subject to registration and management of Chairpersons of People’s Committees of communes and of districts that do not have communes, heads of agencies and organizations so as to be ready for expansion of militia and self-defense forces.

3. Standing militia shall be recognized for completion of active military duty during peacetime according to Law on Military Service.

4. Chairpersons of People’s Committees of communes and districts that do not have communes, heads of agencies and organizations shall recognize completion of citizens in terms of militia and self-defense forces.

Article 14. Prohibited acts regarding militia and self-defense forces

1. Establish, participate, sponsor, train, deploy or use militia and self-defense forces against regulations and law.

2. Evade, oppose or obstruct organization, training, operation and responsibility to participate in militia and self-defense forces. 

3. Disguise as personnel of militia and self-defense forces.

4. Exploit and abuse titles, powers and tasks of personnel of militia and self-defense forces to violate interests of nation, legal rights and benefits of agencies, organizations and individuals.

5. Manufacture, transport, trade, collect, store, use and appropriate illegally weapons, military explosives, combat gears, equipment, technical devices, uniforms, star hat pins, badges or assets of militia and self-defense forces.

6. Display discrimination by gender during operation of militia and self-defense forces.