Chương I Luật Quốc phòng 2018: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law provides for basic national defence principles, policies and activities; state of war, state of national defence emergency, martial law and curfew; people’s armed forces; national defence assurance; duties and powers of regulatory entities and organizations; rights and obligations of citizens regarding national defence.

Article 2. Interpretation

For the purposes of this Circular, terms used herein shall be construed as follows:

1. National defence means the defense of the nation with the combined strength of the whole nation in which the military power is characteristic, the people's armed forces are the core.

2. National defense potentiality means the domestic and foreign human, physical, financial and spiritual capabilities that may be mobilized for performance of national defense tasks.

3. Military means a special activity of the society in the building of armed or armed combat forces of which the People's Army is designated as the core.

4. People's war means an all-people and total war in which the people's armed forces play the core role in safeguarding independence, sovereignty, unity and territorial integrity of the Homeland and protecting the People and the Party, the State and the socialism.

5. All-people national defence posture means organization and disposition of the national defence forces and potentialities throughout the territory in conformity with an integrated strategic intent which is in line with the strategy to succeed in preventing and dealing with any hostile plots and acts, and to be ready to shift the country from peacetime to wartime.

6. Homeland defense means a combination of organization, preparation and practice of political, spiritual, economic, cultural, social, scientific, technological, military, security and foreign affairs to safeguard the Homeland.

7. Aggression means an act against independence, sovereignty, unity and territorial integrity of the Homeland by using armed forces or other means in breach of Vietnamese and international laws.

8. Information war means a form of warfare, including activities and measures to disable the enemy’s information system and protect Vietnam's information system.

9. State of war means a country’s special social state declared during the period from the time when the aggression of the Homeland occurs to the time when that act of aggression is actually ended.

10. State of emergency means a social state of the country where there is a risk of a direct invasion, or an armed aggression or violence occurs but not to the extent of being declared the state of war.

11. General mobilization means a measure to mobilize all resources of the country against the aggressive war.

12. Local mobilization means a measure to mobilize all resources of one or several localities in the state of national defence emergency.

13. Disaster means naturally occurring events or dangerous epidemics spreading on a large scale or catastrophic events caused by human beings or as a result of war, all of which inflicts serious damage on people, property and environment.

Article 3. National defence principles

1. Abide by the Constitution and laws of the Socialist Republic of Vietnam; be placed under the direct, absolute and all-round leadership of the Communist Party of Vietnam, the centralized and unified management of the State.

2. Consider strengthening and development of national defense as a key and regular task, and consolidate the overall strength of the whole nation and the entire political system in which the people's armed forces act as the core.

3. Build the all-people national defense and the all-people national defense posture in association with the people's security and the people's security posture.

4. Combine national defense with socio-economic activities, and socio-economic and national defense activities.

5. Combine national defence with security and external affairs.

Article 4. State policy on national defence

1. Consolidate and strengthen the all-people national defense and military strength so as to build and firmly protect the Vietnam’s socialist Homeland and contribute to the protection of peace in the region and the globe.

2. Exercise independence, sovereignty, unity, territorial integrity on land, islands, at sea and in the airspace; implement the policy of peace and self-defense; use sound and proper measures to prevent, deter, repel and defeat all plots and acts of aggression.

3. Carry out the defense external relation activities in line with the foreign policy of independence, self-control, peace, friendship, cooperation and development; prevent wars in any form; actively and enthusiastically integrate and expand international cooperation, defense dialogue and create an international environment favorable for building and protection of the Homeland; disagree participation in military forces or alliances with one party against the other; refuse to allow foreign entities to establish their military bases or use the territory of Vietnam to attack other countries; repulse threatening or use of force in international relations; settle all disputes and discrepancies by peaceful means on the principle of respect for independence, sovereignty, unity, territorial integrity, non-interference in each other's internal affairs, equality and mutual benefit; comply with the Constitution, the laws of Vietnam and related international treaties of which the Socialist Republic of Vietnam is a member.

4. Mobilize resources of domestic agencies, organizations and individuals for the performance of national defense tasks.

5. Encourage and create favorable conditions for agencies, organizations and individuals to provide material, financial and spiritual support to national defense on the principle of voluntariness, not infringing Vietnamese laws and conforming to international law.

6. Develop science and technology to build all people's national defense, the people's armed forces, the national defense and security industry to meet requirements of the task of building and defending the Homeland.

7. The State shall adopt preferential policies for agencies, organizations and individuals in the performance of defense tasks; issue particular policies for the border areas, on offshore islands, strategic and key regions and geographical areas that play crucial national defense roles.

8. The State shall recognize meritorious work and commends agencies, organizations and individuals that have made outstanding achievements in the performance of national defense tasks.

Article 5. Citizen’s national defence rights and obligations

1. Protection of the Homeland is the sacred duty and the noble right of each citizen.

2. Citizens shall have the duty to be loyal to the Homeland; perform military service; have obligations to join the militia and self-defense force, to build all people's national defense; submit to measures of the State and competent persons in the performance of national defense tasks under the provisions of this Law and other relevant laws.

3. Citizens shall have access to propaganda and dissemination of the guidelines and viewpoints of the Communist Party of Vietnam, the State's policies and laws on national defense; national defense and security education; training in knowledge and skills in civil defense according to the provisions of law.

4. Citizens serving in the people's armed forces or mobilized for performance of the national defense duty, they and their relatives shall enjoy legally required benefits and policies.

5. All citizens shall be entitled to equal treatment in implementation of the national defence duty.

Article 6. Prohibited acts in the national defence sector

1. Oppose independence, sovereignty, unity, territorial integrity of the Homeland, the people, the Communist Party of Vietnam, the State, the socialism, the building and safeguarding of the Homeland.

2. Establish, participate in and sponsor armed organizations in contravention of law.

3. Mobilize and use people, weapons, explosives, support tools, equipment, and other means to carry out armed activities without obtaining orders or decisions of competent authorities or not in the approved training, drill and combat preparedness plans.

4. Fight against or hinder agencies, organizations and individuals while they are performing their national defense tasks

5. Make use of or abuse the performance of national defense tasks to infringe upon the national interests or legitimate rights and interests of agencies, organizations or individuals.

6. Practice the sex discrimination in the performance of national defense tasks.