Chapter II
ORGANIZATION. PAYROLL. WEAPONS AND EQUIPMENT OF MILITIA AND SELF-DEFENSE FORCES
Article 17. Organization of militia and self-defense forces
1. The organization of militia and self-defense units is as follows:
a/ Group:
b/ Squad:
c/ Platoon:
d/ Company, flotilla:
e/ Battalion, fleet.
2. The organization of grassroots military commands is as follows:
a/ Village militia unit:
b/ Commune-level military command:
c/ Military commands of grassroots agencies or organizations which have self-defense forces, the reserve mobilization force and human resources ready for enlistment as prescribed by law.
3. Military commands of ministries ministerial-level agencies, government-attached agencies, central Party commissions, the National Assembly Office, the President Office the State Audit Office of Vietnam, the Supreme People's Procuracy, the Supreme People's Court, central agencies of socio-political organizations slate economic groups and corporations established under decisions of the Prime Minister (below collectively referred to as military commands of ministries and central branches).
Article 18. Scope of organization of militia and self-defense forces
1. The scope of organization of militia and self-defense forces is provided as follows:
a/ On-site militia groups, squads or platoons shall be organized in villages:
b/ Mobile militia platoons shall be organized in communes, possibly with scout, communication, engineer, chemical warfare or medical groups or squads depending on task requirements. In key defense and security communes, standing militia squads shall be organized in their mobile militia platoons. In coastal and island communes, marine militia squads or platoons shall he organized:
c/ Agencies and organizations shall organize sell-defense squads, platoons, companies or battalions. Those with vessels operating at sea shall organize marine self-defense squads, platoons, flotillas or fleets:
d/ On the basis of militia or self-defense units mentioned at Points a. b and c of this Clause and depending on their task requirements, mobile militia and self-defense companies, air defense and artillery militia and self-defense platoons and rotary standing militia and self-defense platoons may be organized in districts. Air defense and artillery militia and self-defense companies may be organized in provinces and centrally run cities (below collectively referred to as provincial level).
2. The Minister of National Defense shall stipulate the expansion of militia and self-defense forces.
Article 19. Organization of self-defense forces in enterprises
1. Based on the requirements of defense and security tasks, approved plans on the building of local militia and self-defense forces and the suitability of the workforce and production and business organization of enterprises with the organization and operation of militia and self-defense forces, competent authorities specified in Article 28 of this Law shall decide on the formation of self-defense units in enterprises.
2. For enterprises without self-defense forces, the owners or their lawful representatives shall make arrangement for their employees to perform the obligation to join militia and self-defense forces in localities where enterprises are based.
3. The Government shall detail this Article.
Article 20. Basic command posts of militia and self-defense forces
1. Commanders of militia or self-defense units include:
a/ Squad commander:
b/ Platoon commander:
c/ Company commander, company political commissar; flotilla commander and flotilla political commissar:
d/ Battalion commander, battalion political commissar: fleet commander and fleet political commissar.
2. Military commanders at the grassroots level include:
a/ Village militia leader;
b/ Commander and political commissar of a commune-level military command;
c/ Commander and political commissar of a military command of a grassroots agency or organization.
3. Commander, political commissar of a military command of a ministry or central branch.
Article 21. Commune-level military commands
1. A commune-level military command is composed of the commander who is a member of the commune-level People's Committee: deputy commander, political commissar and deputy political commissar, who all work on a part-time basis. The number of deputy commanders of a commune-level military command shall be stipulated by the Government.
2. A commune-level military command has the following functions and tasks:
a/ To advise the commune-level Party committee and People's Committee on leading, directing and administering the performance of defense and military tasks at the grassroots level: to register and manage citizens in the age group to perform the obligation to join militia and self-defense forces and male citizens in the age group to be ready for enlistment: to select citizens to join the army, and manage the mobilization reserve force in accordance with law;
b/ To make and implement plans on defense and military work at the grassroots level; plans on the organization of militia forces and their drill and operation; plans on the building of combat villages and commune: and plans on civil defense; and to participate in making other plans related to defense and security tasks at the grassroots level;
c/ To assume the prime responsibility for. and coordinate with local departments, branches and mass organizations in. organizing the performance of defense and military work under the leadership and direction of the Party Committee and People's Committee of the same level, and according to directives, commands, plans and instructions of superior military agencies:
d/ To coordinate with local departments, branches and mass organizations in carrying out defense and security propaganda and education for the armed forces and people: to organize militia and mobilization reserve forces to participate in building up a comprehensively strong grassroots, and implement the military rear policy:
e/ To organize political and legal training and education for militiamen: to command militia forces in performing the tasks specified in Article 8 of this Law:
f/ To organize the registration, management, maintenance and use of weapons and equipment of militia units under its command in accordance with law:
g/ To organize the implementation of plans to ensure on-site logistics and technical services to meet the requirements of local defense and military tasks:
h/ To assist the commune-level People's Committee in supervising and reviewing local defense and military work and the organization and operation of militia forces under its command.
Article 22. Military commands of grassroots agencies and organizations
1. A military command of a grassroots agency or organization is composed of the commander who is the head or a deputy head of the agency or organization; the political commissar, deputy commander and deputy political commissar, who all work on a part-time basis.
2. A military command of a grassroots agency or organization has the following functions and tasks:
a/ To advise the Party committee and the head of the agency or organization on leading and directing defense and military work in the agency or organization: to register and manage self-defense forces in the agency or organization; to recruit and manage the mobilization reserve force under the direction of the local military command: to perform the task of defense and security education for cadres, civil servants, public employees and laborers of the agency or organization; to implement the army rear policy;
b/ To make and implement plans on defense and military work in the agency or organization; plans on the organization of self-defense forces and their drill and operation; plans on the protection of the agency or organization: plans on civil defense and plans to ensure on-site logistics and technical services, and to participate in preparing other plans related to defense and security tasks at the grassroots level;
c/ To assist the head of the agency or organization in implementing defense mobilization plans with regard to manpower, technical facilities and other physical foundations under the State-assigned norms: to participate in building the defense zone and a comprehensively strong grassroots, and ready to meet the requirements of defense and military tasks in the locality where the agency or organization is based:
d/ To build and conduct political and legal training and education for self-defense forces; to command self-defense forces in performing the tasks specified in Article 8 of this Law;
e/ To organize the registration, management, maintenance and use of weapons and equipment of self-defense units under its command in accordance with law:
f/ To assist the head of the agency or organization in supervising and reviewing local defense and military work and the organization and operation of self-defense forces under its command.
Article 23. Military commands of ministries and central branches
1. The military command of a ministry or central branch is composed of the commander who is the head or a deputy head of the ministry or central agency; the political commissar, deputy commander and deputy political commissar, who all work on a part-time basis.
2. The military command of a ministry or central branch shall advise the Party organization, the Party Caucus committee, the Party committee and the head of the ministry or central branch on its defense work: shall coordinate with local Party committees and administrations in directing local defense and military work and militia and self-defense work.
3. The tasks, powers and mechanism for coordinating the operation of the military commands of ministries and central branches shall be stipulated by the Government.
Article 24. Village militia
1. Village militia shall give advice on and organize defense and military work in villages: and shall directly manage and command militiamen under their command.
2. They shall be led by Party committees and directly directed and commanded by commune- level military commands and shall coordinate with village chiefs, police officers and mass organizations in performing defense and security tasks in their villages.
Article 25. Uniforms, stars and caps, insignias and certificates of the core militia and sell-defense force
Core militia and self-defense officers and soldiers shall be distributed uniforms, stars and caps, insignias and certificates of core militiaman or self-defense member under the Government's regulations.
Article 26. Working offices and equipment of commune-level military commands
1. Commune-level military commands have own working offices.
2. The Government shall stipulate criteria and norms of equipment in working offices of commune-level military commands.
Article 27. Seals of military commands
1. Commune-level military commands, military commands of grassroots agencies and organizations and military commands of ministries and central branches may use their own seals.
2. The Government shall stipulate seal models, the carving of seals and the management and use of seals provided in Clause 1 of this Article.
Article 28. Establishment and disbandment of military commands of ministries, central branches, and organization of grassroots military commands and militia and self-defense units
1. Competence to establish military commands of ministries, central branches and organize grassroots military commands and militia and self-defense units is provided as follows:
a/ The Minister of National Defense may decide to establish military commands of ministries and central branches:
b/ The Chief of the General Staff of the Vietnam People's Army may decide to establish air-defense and artillery militia and self-defense companies:
c/ The commanders of military zones, the Navy and the Hanoi Capital High Command may decide to establish self-defense battalions, self-defense fleets and flotillas and engineer militia and self-defense companies;
d/ The commander of the Hanoi Capital High Command and the commanders of provincial-level military headquarters may decide to establish commune-level military commands, military commands of grassroots agencies and units: militia and self-defense companies, air-defense, engineer and artillery militia and self-defense platoons, marine militia and self-defense platoons and standing militia and self-defense units;
e/ The commanders of district-level military commands may decide to establish village militia, mobile militia and self-defense platoons, on-site militia and self-defense platoons, artillery militia and self-defense squads, reconnaissance communication, engineer, chemical warfare, medical and marine militia and sell-defense squads, and self-defense squads:
f/ The commanders of commune-level military commands may decide to establish on-site militia groups and squads after reporting such to district-level military commands and commune-level People's Committees.
2. The levels competent to establish are also competent to disband military commands of ministries and central branches, grassroots military commands and militia and self-defense units.
Article 29. Competence to appoint officers of military commands of ministries, central branches, grassroots military commands and militia and self-defense units
1. The Minister of National Defense may decide to appoint officers of military commands of ministries and central branches at the proposal of the Chief of the General Staff of the Vietnam People's Army after reaching agreement with the heads of ministries or central branches.
2. The commanders of military zones, the Navy and the Hanoi Capital High Command may decide to appoint officers at the battalion or fleet level at the proposal of the commanders of provincial-level military headquarters, the Chief of Staff of the Navy or the Chief of Staff of the Hanoi Capital High Command.
3. The commander of the Hanoi Capital High Command and the commanders of provincial-level military headquarters may decide to appoint officers of military commands of grassroots agencies and organizations and officers of company or flotilla level at the proposal of the chief commanders of district-level military commands.
4. Chairpersons of district-level People's Committees may decide to appoint officers of commune-level military commands at the proposal of chairpersons of commune-level People's Committees after reaching agreement with the commanders of district-level military commands.
5. Commanders of district-level military commands may decide to appoint officers of village militia and militia and self-defense platoons and squads at the proposal of the commanders of commune-level military commands, the commanders of the military commands of grassroots agencies or organizations or the heads of agencies or organizations without military commands.
6. The Minister of National Defense shall stipulate the command by People's Army officers of core militia and self-defense units in cases of necessity.
Article 30. Relief from duty officers of military commands of ministries and central branches, grassroots military commands and militia and self-defense units
1. Officers of military commands of ministries and central branches, grassroots military commands and militia and self-defense units may be relieved from duty in the following cases:
a/ They are seconded to other working posts:
b/ Their current posts no longer exist because of organizational change:
c/ They no longer fully satisfy the criteria and conditions for performing their current posts.
2. The levels competent to decide to appoint officers arc also competent to relieve them from duty.
Article 31. Weapons, support instruments and technical equipment of militia and self-defense forces
1. Militia and self-defense forces shall be equipped with weapons, support instruments and technical equipment.
2. The equipment and registration, management and use of weapons, support instruments and technical equipment of militia and self-defense forces comply with law.
Tìm kiếm
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