Chương 8 Luật Quốc phòng 2005: Nhiệm vụ, quyền hạn của cơ quan, tổ chức về quốc phòng

Chapter VIII

DEFENSE-RELATED TASKS, POWERS OF AGENCIES, ORGANIZATIONS

Article 44.- Contents of state management over national defense; Government's tasks and powers regarding national defense

1. Contents of state management over national defense include:

a) Elaborating, and organizing the implementation of, plans on consolidation and strengthening the entire-people defense, plans on national defense and plans on defense mobilization;

b) Promulgating, and organizing the implementation of, legal documents on national defense;

c) Organizing and directing the performance of defense tasks; executing orders and decisions of competent state agencies and necessary measures to defend the Fatherland;

d) Carrying out defense education; propagating, disseminating and educating in national defense law;

e) Examining, inspecting and settling complaints and denunciations in the performance of defense tasks;

f) International cooperation on defense.

2. The Government performs the unified management of national defense, performs tasks and exercise powers in accordance with the provisions of the Constitution and defense law.

Article 45.- Tasks and powers of the Ministry of Defense

1. To be answerable to the Government for performing the state management over defense nationwide; to assist the Government in drafting bills, ordinances and decrees on defense as well as documents guiding the implementation thereof.

2. To assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies and Government-attached agencies in, elaborating state plannings and plans on defense and submit them to the Government for decision; to build up, manage and command the people's army and the militia and self-defense force in performing defense tasks.

3. To guide, inspect, examine, preliminarily and finally review the performance of defense work in ministries, ministerial-level agencies, Government-attached agencies and localities according to the provisions of this Law and other legal provisions.

Article 46.- Defense-related tasks and powers of ministries, ministerial-level agencies and Government-attached agencies

1. Within the ambit of their respective tasks and powers, to coordinate with the Ministry of Defense in performing the state management over national defense; to promulgate or submit to competent agencies for promulgation legal documents for the performance of defense tasks according to the provisions of law.

2. To organize the implementation of state plannings and plans on national defense in peace and war time according to their assigned tasks.

3. To closely combine national defense with economy and economy with national defense in formulating and implementing the plannings and plans of their branches or assigned domains.

4. To participate in building defensive areas under the Government's direction and the Defense Ministry's guidance.

5. To perform other tasks and exercise other powers regarding national defense in accordance with legal provisions.

Article 47.- Defense-related tasks and powers of the People's Councils of all levels

1. Within the ambit of their respective tasks and powers, the People's Councils of all levels shall adopt resolutions on measures to ensure the enforcement of law and the implementation of tasks on defense in localities; decide on budget revenues and expenditures to ensure defense activities in localities; decide on undertakings and measures to bring into play local potentials for building the entire-people defense, building defensive areas, building up defense potentials to meet the requirements in peace and war time.

2. Based on the State President's orders, to decide on guidelines and measures to shift local socio-economic activities of from peace time to war time.

3. To supervise the People's Committees of the same level and state agencies in localities in the implementation of People's Council resolutions and legal documents on defense.

4. To perform other tasks and exercise other powers regarding defense under the provisions of law.

Article 48.- Defense-related tasks and powers of the People's Committees of all levels

1. Within the ambit of their respective tasks and powers, the People's Committees of all levels shall perform the state management over defense in localities; promulgate legal documents falling under their competence for the performance of defense tasks under the provisions of law and resolutions of the People's Councils of the same level on defense tasks in localities.

2. To direct and organize the building of defensive areas; build up local armed forces and defense potentials; to carry out defense education; recruit and enlist youths in the army, create employment conditions for demobilized armymen.

3. To organize, build up and adopt policies towards the local army, the mobilization reserve force and the militia and self-defense force; to build, manage and protect defense works and military zones; to apply civil defense measures, adopt policies toward the army rear; to provide logistic and financial supports for people's armed forces operating in the localities in the state of war or the state of defense emergency and other tasks stipulated by law.

4. To submit to the People's Councils of the same level budget revenue and expenditure estimates to ensure defense activities in localities; to direct the implementation of People’s Council resolutions on budget revenues and expenditures to ensure defense activities in localities.

5. To abide by, and organize the execution of, orders and decisions of the State President, decisions and directives of the Prime Minister and the superior People's Committees on defense.

6. To coordinate with the Vietnam Fatherland Front and mass organizations in performing their defense tasks and powers; to create conditions for such organizations to efficiently perform defense tasks in localities.

7. The presidents of People's Committees at all levels shall bear responsibility for the performance of defense tasks and powers at their respective levels, urge and examine the subordinate People's Committees in performing defense tasks in their localities according to the provisions of law.

Article 49.- Defense-related responsibilities of the Vietnam Fatherland Front and its member organizations

The Vietnam Fatherland Front and its member organizations shall, within the ambit of their respective tasks and powers, have the responsibilities to propagate to, and mobilize people to implement defense law; supervise the implementation of defense law by agencies, organizations and individuals.