Chương VI Luật Dân quân tự vệ 2019: Trách nhiệm của cơ quan, tổ chức về dân quân tự vệ

Chapter VI

RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS REGARDING MILITIA AND SELF-DEFENSE FORCES

Article 40. Responsibilities of Government

1. Government shall perform joint state management regarding militia and self-defense forces.

2. Contents of state management regarding militia and self-defense forces include:

a) Issue and present competent authorities to promulgate and organize implementation of legislative documents on militia and self-defense forces;

b) Develop and organize implementation of strategies, policies, schemes, projects and plans regarding militia and self-defense forces;

c) Develop forces, train, coach, drill, operation and assure militia and self-defense forces; 

d) Publicize and spread policies and viewpoints of Communist Party, policies and regulations and law of government regarding militia and self-defense forces;

dd) Perform international cooperation regarding militia and self-defense forces;

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

Article 41. Responsibilities of Ministry of National Defense

Ministry of National Defense shall be responsible to government regarding implementation of state management regarding militia and self-defense forces and be responsible for:

1. requesting government and Prime Minister to issue and issuing legislative documents on militia and self-defense forces within powers;

2. taking charge and cooperating with relevant agencies and organizations in developing strategies, policies, schemes, projects, plans and scientific research regarding militia and self-defense forces;

3. taking charge and cooperating with relevant agencies and organizations in training commanding officers of military commands of communes in basic military majors; training and coaching commanding titles of militia and self-defense forces;

4. directing and guiding development of forces, military training, operation, plan development and expansion of militia and self-defense forces;

5. cooperating with central ministries in directing and guiding local governments, relevant agencies and organizations to provide benefits and policies for militia and self-defense forces as specified in this law and other relevant law provisions;

6. taking charge, directing and guiding local governments, relevant agencies and organizations to develop core models of militia and self-defense forces and combat structures for militia and self-defense forces;

7. performing international cooperation regarding militia and self-defense forces;

8. taking charge or cooperating with central ministries, local governments and relevant agencies and organizations in examining, inspecting, taking actions, handling complaints, accusations, conducting preliminary reports, final reports, competing and commending regarding militia and self-defense forces within powers;

9. publicizing and spreading policies and viewpoints of Communist Party, policies and regulations and law of government regarding militia and self-defense forces;

10. conducting other tasks regarding militia and self-defense forces as per the law.

Article 42. Responsibilities of Ministry of Public Security

1. taking charge and cooperating with Ministry of National Defense in directing, guiding and organizing implementation of collaboration between People’s Public Security and militia and self-defense forces in protecting national security, ensuring social order and security, fighting and preventing crimes and violations against regulations and law.

2. directing local police to cooperate with military agencies of the same levels, relevant agencies and organizations in implementing regulations and law on militia and self-defense forces.

Article 43. Responsibilities of ministries, agencies and organizations

1. Central ministries, agencies and organizations other than Ministry of Public Security, within their tasks and powers, shall cooperate with Ministry of National Defense in performing state management regarding militia and self-defense forces and shall be responsible for:

a) issuing instructional documents on militia and self-defense forces regarding specialized fields; 

b) organizing development, training, military training, competitions, drills and operations of self-defense forces; 

c) directing and organizing implementation of schemes, projects and plans regarding militia and self-defense forces according to assigned tasks; 

d) taking charge or cooperating with Ministry of National Defense, local relevant agencies and organizations in examining, inspecting, taking actions, handling complaints, accusations, conducting preliminary reports, final reports, competing and commending regarding militia and self-defense forces within powers;

dd) publicizing and spreading policies and viewpoints of Communist Party, policies and regulations and law of government regarding militia and self-defense forces;

e) conducting other tasks regarding militia and self-defense forces as per the law.

2. Ministry of Planning and Investment, Ministry of Finance, Ministry of Home Affairs, Ministry of Labors - War Invalids and Social Affairs, Ministry of Education and Training and Ministry of Agriculture and Rural Development within their tasks and powers, shall exercise Clause 1 of this Article and shall be responsible for:

a) Ministry of Finance shall take charge and cooperate with Ministry of Planning and Investment, Ministry of Planning and Investment, local governments and relevant agencies and organizations in preparing, proposing government state budget estimates, measures to allocate central government budget to ensure regular tasks regarding militia and self-defense forces under central management, consolidating in budget estimates and proposing competent authorities;

b) Ministry of Planning and Investment shall take charge and cooperate with Ministry of Finance, Ministry of National Defense and relevant agencies and organizations in assigning and allocating budgets regarding investment tasks for militia and self-defense forces under central management;

c) Ministry of Home Affairs shall take charge and cooperate with Ministry of National Defense in directing and guiding local governments, relevant agencies and organizations in planning, training, enhancing and assigning commanding officers, deputy commanders of military commands of communes; in implementing benefits and policies for commanding titles of military commands of communes; 

d) Ministry of Labors – War Invalids and Social Affairs shall take charge and cooperate with Ministry of National Defense, Ministry of Finance and Ministry of Home Affairs in guiding local governments, agencies and organizations implementing benefits and policies for militia and self-defense forces as per the law; cooperate with Ministry of Education and Training, Ministry of National Defense and relevant agencies, organizations and local government in directing and providing guidelines on training commanding officers of military commands of communes in post-secondary and college levels of basic military majors;

dd) Ministry of Education and Training shall take charge and cooperate with Ministry of National Defense, relevant agencies and organizations in directing higher education institutions to develop programs and guidelines on training commanding officers of military commands of communes in higher education levels of basic military majors;

e) Ministry of Agriculture and Rural Development shall take charge and cooperate with Ministry of National Defense, relevant agencies and organization in directing agencies and entities within their powers to cooperate with militia and self-defense forces in protecting islands, territorial waters, natural disaster prevention and control, search and rescue, evacuation, protection, prevention and counter forest fire; directing, guiding registration, registration for control and issuance of fishery permit with respect to ships provided for marine militia and self-defense forces as per the law. 

Article 44. Responsibilities of local governments of all levels

1. People’s Councils of all levels within their tasks and power are responsible for:

a) issuing legislative document; approving and deciding schemes, projects and plans regarding militia and self-defense forces as specified in this Law and other relevant law provisions;

b) deciding budget for assurance of local militia and self-defense forces; 

c) monitoring compliance with Constitution, regulations and law and implementation of resolutions of People's Councils regarding militia and self-defense forces.

2. People’s Committees of all levels, within their tasks and powers, shall perform state management regarding militia and self-defense forces and shall be responsible for:

a) requesting People's Councils to issue; issuing legislative documents, instructional documents, guidelines and organizing implementation of militia and self-defense forces as specified in this Law and other relevant law provisions;

b) requesting People's Councils of the same levels to approve and decide schemes, projects and plans regarding militia and self-defense forces;

c) directing agencies and organizations under management to organize development, training, military training, competitions, drills and operations of militia and self-defense forces; 

d) mobilizing ships, boats and civil vehicles to ensure participation of militia and self-defense forces in protecting islands and territorial waters of Vietnam as per the law;

dd) performing international cooperation regarding militia and self-defense forces as assigned;

e) developing plans and organizing implementation of decisions on expansion of militia and self-defense forces of competent authorities; 

g) examining, inspecting, taking actions, handling complaints and accusations, conducting preliminary reports and final reports and providing commendations regarding militia and self-defense forces within powers;

h) publicizing and spreading policies and viewpoints of Communist Party, policies and regulations and law of government regarding militia and self-defense forces;

i) conducting other tasks regarding local militia and self-defense forces according regulations and law and assignment of competent authorities.

Article 45. Responsibilities of Vietnamese Fatherland Front and member organizations thereof

Vietnamese Fatherland Front and member organizations thereof, within their tasks and powers, are responsible for publicizing and mobilizing people to exercise regulations and law regarding militia and self-defense forces; monitoring implementation of regulations and law regarding militia and self-defense forces.