Chương V Luật Dân quân tự vệ 2019: Chế độ, chính sách và nhiệm vụ chi cho dân quân tự vệ

Chapter V

BENEFITS, POLICIES AND EXPENDITURE FOR MILITIA AND SELF-DEFENSE FORCES

Article 33. Allowances, social insurance and health insurance for commanding titles of militia and self-defense forces

1. Commanding titles of militia and self-defense forces specified in Article 19 of this Law shall benefit from title allowance.

2. Deputy commanders of military commands of communes shall benefit from monthly allowances, compulsory social insurance according Law on Social Insurance and health insurance according to Law on Health Insurance; a deputy commander that has not participated in social insurance and has been working consecutively for 60 months or more shall receive the benefit once upon retirement. 

3. Deputy commanders of military commands of communes and commanding titles of mobile militia and standing militia shall receive national defense and military allowances.

4. Commanding officers, political commissars, deputy commanders and deputy political commissars of military commands of communes who have been working for 60 months or more shall benefit from seniority pay.

5. Hamlet leaders shall benefit from monthly allowance and allowance for dual holding titles of commanders in chief of squads or platoons of on-site militia. 

6. Government shall elaborate this Article.

Article 34. Benefits and policies for militia and self-defense forces on missions

1. Benefits and policies for militia and self-defense forces on missions are prescribed as follows:

a) On-site militia, mobile militia, anti-aircraft, artillery, scouting, information, engineering, chemical defense and medical militia shall receive benefit for labor days and guaranteed allowances; receive benefits for being on missions from 10 p.m to 6 a.m the following day, days of rest, holidays, involve in heavy, toxic, dangerous matters or particularly heavy, toxic and dangerous matters according to regulations and law on labor; receive benefit for additional labor days in case of extended period of militia and self-defense forces.

Receive special allowance for going on missions at seas; assigned with places to rest, provided with means of transport, travelling fees or paid for train and coach tickets for arrival and return when going on missions away from residence lacking conditions for daily commute;

b) Marine militia shall receive interest and policies specified in Point a of this Clause; receive allowance for labor days and additional allowances while on missions to protect islands and territorial waters; captains and chief engineers shall receive responsibility allowance for actual number of days at sea;

c) Standing militia shall receive benefits and policies specified in Point a of this Clause; receive one-time benefit after being recognized for completion of active military duty during peacetime; receive social insurance and health insurance similar to non-commissioned officers and soldiers of People’s Army of Vietnam on active duty; assigned with places for daily routines.

2. Self-defense forces going on missions shall receive full salary, financial well-being, allowances, fees, benefits and policies as per the law; marine self-defense forces protecting islands and territorial waters shall receive additional salary, bonuses according to ranks and allowances for actual number of days at sea.

3. Authorities shall be responsible for ensuring benefits and policies for the militia and self-defense forces that they send on missions.

4. Government shall regulate base amount of benefits and allowances for each compositions of militia and self-defense forces specified in this Article.

Article 35. Benefits and policies for diseased, met with accidents, deceased, injured or perished militia and self-defense forces

1. Militia and self-defense forces that are on missions or training for commanding officers of military commands of communes in the major of basic military shall benefit from following benefits and policies: 

a) Militia and self-defense forces that do not participate in health insurance shall be paid for medical examination and treatment fees in case of sickness, accident or injury; 

b) Militia and self-defense forces that do not participate in social insurance shall be considered for benefit depending on level of labor capacity reduction in case of accident which reducing labor capacity as concluded by the Medical Examination Council or receipt of death benefits and funeral payment in case of decease; 

c) Militia and self-defense forces shall be considered for receipt of policies for war invalids in case of injured and considered for recognition as martyrs in case of decease as per the law.

2. Militia adopting sterilization methods, female militia using vaginal rings and male militia whose wives are expecting may temporary leave from militia and self-defense forces; leave period shall comply with regulations and law on social insurance.

3. Government shall regulate conditions, amount, procedures and agencies responsible for ensuring expenditure, benefits and policies for militia and self-defense forces specified in Point a and Point b Clause 1 of this Article

Article 36. Funding sources

1. State budget shall fund militia and self-defense forces of regulatory authorities, political organizations, socio-political organizations, public service providers and local governments. Preparation, compliance and making of statement of budget shall comply with regulations and law on state budget and other relevant law provisions.

2. Expenditure on self-defense forces of business entities and business service providers making payments specified in Article 39 of this Law shall be deducted when determining income subject to corporate income tax of the business entities and business service providers according to regulations and law on corporate income tax. Making of statement, payment and settlement of expenditure according to financial accounting policies are applied to all entities.

3. Other legitimate revenues.

4. Central government budget shall assist local government with budget difficulties regarding expenditure on implementation depending on balanced central government budget.

Article 37. Disbursement tasks of Ministry of National Defense

1. Benefit for labor days, daily allowances and other expenditure for operations of militia and self-defense forces on missions shall comply with decisions of Minister of National Defense, Chief of the General Staff of People’s Army of Vietnam; plans of high commands of military regions, high commands of army branches approved by Minister of National Defense and Chief of the General Staff of People’s Army of Vietnam.

2. Develop and implement military strategies, schemes, projects, plans and scientific research regarding militia and self-defense forces.

3. Inform and publicize militia and self-defense forces; celebrate traditional day of militia and self-defense forces organized by Ministry of National Defense and agencies, entities affiliated to People’s Army of Vietnam.

4. Organize training, coaching, military training, sports competitions, drills and operations of militia and self-defense forces organized by Ministry of National Defense and agencies, entities affiliated to Ministry of National Defense, except for Capital High Command. 

5. Train commanding officers of military commands of communes in the field of basic military.

6. Develop models of militia and self-defense forces and combat structures for militia and self-defense forces; develop totally strengthened facilities regarding national defense and military implemented by Ministry of National Defense and General Staff.

7. Develop programs, compose, publish, print and circulate text books, documents and schedules for registration, management, stocktaking, schedules for plans, license, permits and documents on military science information regarding militia and self-defense forces.

8. Manufacture sample uniforms, star hat pin, badges, models, study and training materials, ribbons, panels and colours serving operation of militia and self-defense forces.

9. Manufacture and purchase models, study and training materials, and military specialized equipment; star hat pins of militia and self-defense forces, memorial trophies; specialized equipment for classrooms in military education institutions serving training of commanding officers of military commands of communes. 

10. Provision of military weapons, military explosives, combat gears, equipment, devices, technical instruments for militia and self-defense forces as per the law.

11. Manage and protect national defense structures and military zones assigned to militia and self-defense forces by Ministry of National Defense.

12. Perform international cooperation regarding militia and self-defense forces.

13. Examine, inspect, take actions, handle complaints and accusations, conduct preliminary reports and final reports and provide commendations regarding militia and self-defense forces within powers.

14. Other disbursement for militia and self-defense forces as per the law.

Article 38. Disbursement tasks of local governments

1. Develop and implement military schemes, projects, plans and scientific research regarding local militia and self-defense forces.

2. Register and conduct medical examination, select, manage, organize forces, provide training, coaching, military training, sports competitions, drills, operations of militia and self-defense forces under management; develop plans and implement decisions on expansion of militia and self-defense forces. 

3. Inform and publicize militia and self-defense forces; celebrate traditional day of militia and self-defense forces organized by local governments.

4. Ensure benefits and policies specified in Article 33, Clause 1 Article 34 of this Law and other relevant law provisions, except for allowances for titles in military commands of agencies, organizations, commanding titles of self-defense forces of agencies and organizations affiliated to central ministries and business entities.

5. Ensure benefits and policies for militia and self-defense forces that are diseased, met with accidents, deceased, injured or perished as specified in Article 35 of this Law and other relevant law provisions.

6. Purchase uniforms and badges for commanding military commands of communes, military commands of agencies and organizations, and militia and self-defense forces of local agencies and organizations, except for cases specified in Clause Article 39 of this Law.

7. Transport, repair and preserve military weapons, explosive ordnance, equipment and technical devices; ensure cold weapons; fundamental combat gears, means and instruments satisfactory to requirements and tasks of militia and self-defense forces.

8. Construct new, repair combat storage and structures for militia and self-defense forces in defense zones; places for daily routines of standing militia; head offices or workplaces of military commands of communes.

9. Manage and protect national defense structures and military zones assigned to militia and self-defense forces by local governments.

10. Perform international cooperation regarding militia and self-defense forces within powers.

11. Examine, inspect, take actions, handle complaints and accusations, conduct preliminary reports and final reports and provide commendations regarding militia and self-defense forces within powers.

12. Other disbursement for local militia and self-defense forces according regulations and law and assignment of competent authorities.

Article 39. Disbursement tasks of agencies and organizations

1. Register and conduct medical examination, select, manage, organize forces, provide training, coaching, military training, sports competitions, drills and operations of militia and self-defense forces under management. 

2. Inform and publicize militia and self-defense forces; celebrate traditional day of militia and self-defense forces under management of agencies and organizations.

3. Ensure allowances for titles of military commands of agencies and organizations, commanding titles of self-defense forces of agencies and organizations affiliated to central ministries and business entities; benefits and policies for self-defense forces specified in Clause 2 Article 34 of this Law and other relevant law provisions.

4. Purchase uniforms and badges for military commands of agencies and organizations, and self-defense forces of agencies and organizations.

5. Transport, repair and preserve weapons, combat gears, equipment and technical instruments provided by competent authorities; purchase, repair and preserve necessary cold weapons, combat gears, equipment and technical instruments satisfactory to requirements and tasks of self-defense forces.

6. Examine, take actions, handle complaints and accusations, conduct preliminary reports and final reports and provide commendations regarding self-defense forces within powers.

7. Other disbursement for self-defense forces of agencies and organizations as per the law.