Chapter II
ORGANIZATION, PAYROLL, WEAPONS AND EQUIPMENT OF MILITIA AND SELF-DEFENSE FORCES
Article 15. Organization of militia and self-defense forces
1. Hamlets shall organize fireteams, squads or platoons of on-site militia.
2. Communes shall organize platoons of mobile militia. Coastal and island communes shall organize platoons of mobile militia and squads or platoons of marine militia.
Based on national defense and military requirements, communes shall organize mortar teams, fireteams or squads of scouting, information, engineering, chemical defense and medical militia; communes vital to national defense shall organize squads or platoons of standing militia.
3. Agencies and organizations shall organize squads, platoons, companies or battalions of self-defense forces. Agencies and organizations having watercrafts shall organize squads, platoons, flotillas or naval squadrons of self-defense forces.
4. On the basis of organization of militia and self-defense forces divisions specified in Clauses 1, 2 and 3 of this Article, based on national defense and military requirements, districts shall organize platoons or companies of mobile militia and self-defense forces, platoons of anti-aircraft and artillery militia and self-defense forces, squads or platoons of standing militia; provinces shall organize companies of anti-aircraft and artillery militia and self-defense forces; coastal provinces shall organize flotillas of standing militia.
5. Minister of National Defense shall prescribe scale, organization and payroll of militia and self-defense forces; decide vital communes in terms of national defense.
Article 16. Expansion of militia and self-defense forces
1. Militia and self-defense forces shall be expanded when:
a) Decisions on local mobilization and general mobilization are implemented;
b) Emergencies namely disasters, diseases or serious threats to national security, social order and safety are declared.
2. Minister of National Defense shall prescribe plan and authorization for expansion of militia and self-defense forces.
Article 17. Conditions for organization of self-defense forces in enterprises
An enterprise shall be considered for organization of self-defense forces if it:
1. ensures command of Party Executive Committees, management of People’s Committees of all levels and direction of military authorities of provinces and districts; and
2. satisfies national defense and security requirements, schemes and plans for organization of local militia and self-defense forces where the enterprise operates and fits production and trade activities of the enterprise; and
3. has operated for 24 months or more; and
4. has enough workers eligible for participation in militia and self-defense forces to organize at least 1 squad of self-defense force.
Article 18. Hierarchy of command of militia and self-defense forces
1. Minister of National Defense.
2. Chief of the General Staff of People’s Army of Vietnam.
3. High commands of military regions, high commands of military branches, high commands of Border Guard, high commands of coast guards, Capital High Command, high commands of specialties, high commands of corps.
4. High Command of Ho Chi Minh City, commanding officers of military commands of provinces.
5. Commanding officers of provincial military commands.
6. Heads of military enterprises having self-defense organizations.
7. Commanding officers of military commands of agencies and organizations.
8. Commanding officers of military commands of communes.
9. Commanders in chief of battalions, naval squadrons, companies, flotillas, platoons, squads, captains of ships, commanders in chief of fireteams of militia and self-defense forces.
10. Hamlet leaders.
Article 19. Commanding titles of militia and self-defense forces
1. Commanding titles of military commands of communes and military commands of agencies and organizations include:
a) Commanding officers, political commissars;
a) Deputy commanding officers, deputy political commissars.
2. Commanding titles of militia and self-defense forces include:
a) Commanders in chief of battalions, political commissars of squads, commanders in chief of battalions, deputy political commissars; Naval commanders in chief, political commissars of naval squadrons, deputy naval commanders, deputy political commissars;
b) Commanders in chief of companies, political commissars of companies, commanders in chief of companies, deputy political commissars; Commanders in chief of flotillas, political commissars of flotillas, commanders in chief of flotillas, deputy political commissars;
c) Commanders in chief of platoons;
d) Commanders in chief of squads, fireteams and captains of ships;
dd) Hamlet leaders and commanding officers of on-site militia.
Article 20. Military commands of communes and hamlet leaders
1. Military commands of communes are standing agencies performing national defense tasks of communes. Compositions of military commands of communes include:
a) Commanding officers that are members of People’s Committees of provinces and reservists; during national defense emergencies and at war, shall be conscripted for active duty as specified in Law on People’s Army of Vietnam and shall continue to hold title of commanding officers of military commands of communes;
b) Political commissars shall be assigned to secretaries of Party Executive Committees of communes;
c) Deputy political commissars shall be assigned to secretaries of Ho Chi Minh Communist Youth Union;
d) Deputy commanders are part-time activists in communes.
2. Military commands of communes shall have separate head offices or workplaces and use separate seals as per the law.
3. Military commands of communes shall have following functions and tasks:
a) Act as advisors for Party Executive Committees and commune-level governments to facilitate lead, direction, management and guidance on implementation of national defense and military tasks as per the law;
b) Take charge and cooperate with ministries and departments in developing and organizing implementation of national defense plans and other plants related to national defense and military tasks of communes;
c) Cooperate with Vietnamese Fatherland Front Committees, ministries and departments of communes in publicizing policies and viewpoints of Communist Party, policies and regulations and law of government, educating on national defense and security; participating in developing total strengthened facilities; adopting rear service, incentives for people with meritorious services to the revolution policies;
d) Organize military training, political and law education, sports competitions and drills for militia; direct militia to conduct tasks as specified in this Law, other relevant law provisions and decisions of competent authorities;
dd) Register, manage, preserve and use military weapons, military explosives, combat gears, equipment, devices and technical instruments of militia under management in accordance with regulations and law and decisions of competent authorities;
e) Act as advisors to enable People’s Committees of communes to examine and take actions against violations, handle complaints and accusations, conduct preliminary reports and final reports, adopt competitions and commendations regarding local national defense as per the law.
4. Hamlet leaders shall act as advisors to enable Party Executive Committees and hamlet heads to direct, lead and organize implementation of national defense and military tasks in hamlets; manage and lead directly militia under management; cooperate in adopting policies on rear services and incentives for people with meritorious services to the revolution.
5. Government shall regulate number of deputy commanding officers; standards and equipment of military commands of communes.
Article 21. Military commands of agencies and organizations
1. Military commands of agencies and organizations shall be considered if the agencies and organizations:
a) establish the Communist Party of Vietnam; and
b) establish self-defense forces of agencies and organizations.
2. Military commands of agencies and organizations shall follow dual office holding regime and include commanding officers that are heads or deputies of the agencies and organizations, political commissars that are secretaries or deputy secretaries of Party Executive Committees of the same levels, deputy commanders and deputy political commissars.
3. Military commands of agencies and organizations may use separate seals as per the law.
4. Military commands of agencies and organizations shall have following functions and tasks:
a) Act as advisors for Party Executive Committees and heads of agencies and organizations to lead and direct national defense operations;
b) Develop and organize implementation of national defense plans, self-defense plans and other plans relating to national defense and military tasks of the agencies and organizations; cooperate in adopting policies of rear services and incentives for people with meritorious services to the revolution;
c) Organize military training, political and law education, sports competitions and drills for self-defense forces; direct self-defense forces to conduct tasks as specified in this Law, other relevant law provisions and decisions of competent authorities;
d) Register, manage, preserve and use military weapons, military explosives, combat gears, equipment, devices and technical instruments of self-defense forces under management in accordance with regulations and law;
dd) Act as advisors to enable Party Executive Committees and heads of agencies and organizations to examine, take actions against violations, handle complaints and accusations, conduct preliminary reports and final reports, adopt competitions and commendations regarding national defense operations.
5. Government shall regulate number of deputy commanding officers; standards and equipment of military commands of agencies and organizations.
Article 22. Authorization for establishment and dissolution of militia, self-defense forces, military commands of communes and military commands of agencies and organizations
1. Authorization for establishment of militia, self-defense forces, military commands of communes and military commands of agencies and organizations, except for self-defense forces in military enterprises are prescribed as follows:
a) Chief of the General Staff of People’s Army of Vietnam shall decide establishment of companies of anti-aircraft militia and self-defense forces and companies of artillery militia and self-defense forces;
b) High commands of military regions, high command of navy and Capital High Command shall decide establishment of squads of self-defense forces; flotillas of militia and self-defense forces, flotillas of standing militia; naval squadrons of militia and self-defense forces;
c) Capital High Command and High Command of Ho Chi Minh City and commanding officers of military commands of provinces shall decide establishment of companies of self-defense forces, companies of mobile militia; platoons of anti-aircraft and artillery militia and self-defense forces; platoons of marine militia and self-defense forces; squads and platoons of standing militia;
d) Commanding officers of military commands of districts shall decide establishment of platoon of mobile militia and self-defense forces; squads and platoons of on-site militia and self-defense forces; fireteams of artillery militia and self-defense forces; teams and squads of scouting, information, engineering, chemical defense and medical militia; squads of marine militia and self-defense forces;
dd) Commanding officers of military commands of communes shall decide establishment of on-site militia after reporting to military commands of districts and People’s Committees of communes; commanding officers of military commands of districts that do not have communes shall decide of establishment thereof;
e) Capital High Command, High Command of Ho Chi Minh City and commanding officers of military commands of provinces shall decide establishment of military commands of communes and military commands of agencies and organizations.
2. An entity capable of making decisions on establishment of militia, self-defense forces, military commands of communes and military commands of agencies and organizations are also capable of making decisions on dissolution thereof.
3. Minister of National Defense shall prescribe authorization for establishment of self-defense forces in military enterprises; procedures for establishment and dissolution of militia, self-defense forces, military commands of communes and military commands of agencies and organizations.
Article 23. Designation and discharge of commanding titles of militia and self-defense forces
1. Authorization for designation of commanding titles of militia and self-defense forces, except for commanding titles of self-defense forces in military enterprises is prescribed as follows:
a) High commands of military regions, high commands of navy and Capital High Command shall decide designation of commanders in chief of battalions and naval squadrons of militia and self-defense forces;
b) Capital High Command, High Command of Ho Chi Minh City, commanding officers of military commands of provinces shall decide designation of commanders in chief of companies and flotillas of militia and self-defense forces; High commands of navy shall decide designation of commanding titles of flotillas under their management;
c) Commanding officers of military commands of districts shall decide designation of hamlet leaders, commanders in chief of platoons, squads, captains of ships and commanders in chief of fireteams of militia and self-defense forces;
d) Capital High Command, High Command of Ho Chi Minh City and commanding officers of military commands of provinces shall decide designation of commanding titles of military commands of agencies and organizations;
dd) Chairpersons of People’s Committees of districts shall decide designation of commanding titles of military commands of communes.
2. Discharge of commanding titles of militia and self-defense forces is prescribed as follows:
a) Discharge commanding titles of militia and self-defense forces shall be performed upon changes to positions or organizations and no longer within payroll of current titles or eligible and satisfactory for holding of current titles;
b) A competent authority capable of deciding designation of titles shall also be capable of deciding discharge of said titles.
3. Minister of National Defense shall regulate procedures for designation and discharge of titles specified in this Article and authorization for designation of commanding titles of self-defense forces in military enterprise; regulate officers of People’s Army of Vietnam holding commanding titles of militia and self-defense forces where necessary.
Article 24. Uniforms, star hat pins and badges of militia and self-defense forces
Commanding titles of military commands of communes, military commands of agencies and organizations and militia and self-defense forces shall be provided and permitted to use uniforms, star hat pins and badges as per the law.
Article 25. Provision of military weapons, military explosives, combat gears, equipment, devices, technical instruments for militia and self-defense forces
1. Militia and self-defense forces shall be furnished with military weapons, explosives, combat gears, devices, equipment and technical instruments according to regulations and law on management and use of military weapons, military explosives and combat gears and relevant law provisions.
2. Minister of National Defense shall regulate provision, registration, management and use of military weapons, military explosives, combat gears, equipment, devices and technical instruments of militia and self-defense forces.
Tìm kiếm
Luật Dân quân tự vệ 2019 (Bản Word)
Luật Dân quân tự vệ 2019 (Bản Pdf)