Chương 2 Luật Quốc phòng 2005: Lực lượng vũ trang nhân dân

Chapter II

THE PEOPLE'S ARMED FORCES

Article 12.- The people's armed forces

1. The people's armed forces comprise the people's army, the people's police and the militia and self-defense force.

2. The people's armed forces must be absolutely loyal to the Fatherland and the people, have the tasks to stand ready for combat, to combat for the defense of independence, sovereignty, unity and territorial integrity of the Fatherland, national security, social order and safety, to protect the socialist regime and revolutionary gains and join the entire people in national construction.

3. It is strictly prohibited to illegally set up armed units.

Article 13.- Principles for operating and employing the people's armed forces

1. The people's armed forces are placed under the leadership of the Communist Party of Vietnam, the supreme command of the State President and the unified management of the Government.

2 The employment of the people's armed forces and the application of military measures in the state of war or the defense emergency state shall comply with the State President's orders.

3. In case of catastrophes caused by nature or humans, dangerous epidemics or circumstances which seriously threaten national security and social order and safety, the mobilization and employment of the people's armed forces shall comply with the provisions of law on emergency state.

4 When there is no order of competent authorities, the people's armed force unit commanders must not mobilize and employ personnel, use equipment and weapons of their units for armed activities not included in combat-readiness drills or manoeuvre plans already approved by competent authorities.

Article 14.- The people's army

1. The people's army constitutes the core of the people's armed forces in performing defense tasks, which is composed of the active force and the mobilization reserve force. The active force of the people's army consists of the regular army and the local army.

The 22nd of December every year is the traditional day of the people's army and the day of the entire-people defense.

2. The organization, tasks and service regime of the people's army shall be provided by law.

Article 15.- Militia and self-defense force

1. Militia and self-defense force constitutes the mass armed forces not being separated from production and work, having the tasks to stand ready for combat, to combat, and render combat services for the defense of localities or establishments; coordinate with units of the people's army, the people's police and other forces in the areas in building the entire-people defense, building defensive areas, maintaining political security as well as social order and safety, protecting the Party and administrations, protecting the property of the State, the lives and property of people in localities and establishments.

2. The organization, tasks and service regime of the militia and self-defense force shall be provided for by law on militia and self-defense force.

Article 16.- Commanders of the people's army and the militia and self-defense force

1. The people's army and the militia and self-defense force have the commanding system organized in accordance with the provisions of law.

2. The Minister of Defense is the supreme commander of the people's army and the militia and self-defense force.

Article 17.- The people's police in performance of defense tasks

1. The people's police constitutes the core force in performing the tasks of protecting the political security, social order and safety, having the task of coordinating with the people's army and the militia and self-defense force in performing defense tasks.

2. The coordination between the people's police and the people's army as well as the militia and self-defense force in performing defense tasks shall be specified by the Government.

Article 18.- Ensuring activities of the people's armed forces

The State shall ensure the financial, logistic, weapon, technical equipment, means and land supply for defense purposes and the preferential regimes and policies suitable with the nature of particular activities of the people's armed forces in performing defense tasks.