Chương II Luật Quốc phòng 2018: Hoạt động cơ bản về quốc phòng

Chapter II

BASIC NATIONAL DEFENCE ACTIVITIES

Article 7. All-people national defence

1. The all-people national defense is the national defense strength of the country, built on the political, spiritual, human, material and financial foundation of the people, and having the characteristics of all-people, comprehensiveness, independence, self-reliance and self-support.

2. Basic tasks of building the all-people national defence shall encompass the followings:

a) Formulate the Homeland protection strategy, Homeland defence plan; research and develop Vietnamese military art; build all people’s great solidarity and the strong political system;

b) Build up the national defence strength and potentiality; build up the people's armed forces which are strong, have high fighting force and are designated as the core in performing the task of protecting the Homeland;

c) Build material and technical facilities; develop the national defense and security, military science and technology industry; mobilize the scientific and technological potentials of the State and people to serve national defense requirements; apply appropriate scientific and technological achievements to the construction of the country;

d) Formulate and organize the implementation of the plan to meet the national reserve requirements for national defense; provide necessary conditions to ensure national defence mobilization;

dd) Build the military region-based defence and ​​solid and comprehensive defense zones which form the nation’s defense; consolidate and strengthen the national defense and security potentialities in key and strategic areas, at sea, on islands, and in border and other important areas; build the all-people national defense posture in association with the people's security posture across the nation;

e) Formulate and organize the implementation of plans and measures to deal with information war and cyberwar;

g) Formulate and organize the implementation of civil defense plans and measures throughout the nation;

h) Perform defence external relation activities;

i) Combine national defense with socio-economic activities, and socio-economic and national defense activities; combine national defense with security and external relations;

k) Formulate and ensure regimes and policies for the people's armed forces and relatives of those serving in the people's armed forces;

l) Propagate and disseminate the guidelines and viewpoints of the Communist Party of Vietnam, the State's policies and laws on national defense; provide national defense and security education.

Article 8. Military region defence

1. Military region defence is an integral part of the nation’s defense, including such activities as building strength, defense potentialities, all-people national defense posture and defense zones to perform national defense tasks within the military region.

2. Military region defence tasks shall be comprised of the followings:

a) Plan, prepare and implement military region defense activities;

b) Build affiliates and units of the strong and comprehensive military zone with high combat capability, and the militia and self-defense forces in a military region which are strong and widespread;

c) Plan, direct and guide the affiliates and units of the military region; collaborate with the concerned agencies, organizations, units and localities in the implementation of civil defense activities and measures regarding information warfare and cyberwarfare;

d) Direct, guide and cooperate in the construction of defense zones in an interconnected, firm and comprehensive and all-inclusive pattern; build the all-people national defense and the all-people national defense posture associated with the people's security and security posture in a military region;

dd) Direct, guide and cooperate with localities in combining socio-economic development with national defense and, vice versa, national defense with socio-economic development, in working out planning schemes, plans and projects and taking part in the assessment within their competence; combine national defense with security and foreign relation affairs; participate in the building and development of national defense and security industry; build and manage the designated economic-defense zones; provide national defense and security education; propagate and disseminate the law on national defense; formulate and implement national defense mobilization plans; adopt military logistics policies and preferential policies for people with meritorious services to the revolution in a military region;

e) Cooperate with affiliates and subsidiaries of the Ministry of Defense, localities and concerned agencies and organizations in performing the State management over national borders; maintain security, social order and safety in the boundary areas, border gates, on islands, territorial sea and in the airspace of the Socialist Republic of Vietnam in a military region; perform defense foreign relation activities;

g) Cooperate with localities, relevant agencies and organizations in directing and guiding affiliates and subsidiary units of a military region to participate in building the political system, all people’s great solidarity and making them become strong and all-round;

h) Cooperate with affiliates and subsidiary units of the People's Police and other forces in the protection of national security and maintenance of social order and safety, and prevention and control of crimes;

i) Perform other tasks assigned by the Government, the Prime Minister and the Minister of National Defence.

3. The Government shall regulate the direction, command, cooperative relationship, maintenance of, and responsibilities of agencies and organizations for, military region defense.

Article 9. Defence zone

1. The defense zone is an integral part of the military region defense, including political, spiritual, economic, cultural, social, scientific, technological, military, security and external activities; is organized by provinces, districts, and special administrative-economic units with commune-level construction works used as the foundation for protecting a locality.

2. Duties of a defence zone shall include the followings:

a) Formulate and organize the implementation of defense zone plans;

b) Build political, spiritual, economic, cultural, social, scientific and technological, military, security and external relation potentialities; build the all-people national defense, the all-people national defense posture in association with the people's security and the people's security posture;

c) Build up a strong and comprehensive local armed force with high combat capabilities which can play a pivotal role in performing national defense, military and security tasks;

d) Firmly grasp the situation, take measures to prevent, fight and defeat all plots, anti-demolition activities of hostile forces, protect national security and ensure social order and safety, prevent and fight crimes, create favorable environment for socio-economic development; fight for protection of the localities, create the position and power of the regular troops in combat in the area; get ready to send necessary manpower and materials to other localities;

dd) Plan, direct and guide the affiliates and units in the area; collaborate with the concerned agencies, organizations, units and localities in the implementation of civil defense activities and measures regarding information warfare and cyberwarfare;

e) Make inclusive preparations, execute orders, decisions and measures in the state of curfew, martial law, state of national defense emergency, state of war, local mobilization, general mobilization, and meet combat requirements and serve long-term fighting requirements at localities; be willing to arm all people to safeguard the Homeland;

g) Implement military logistics policies and preferential policies for persons rendering meritorious revolutionary services;

h) Perform other tasks assigned by competent authorities.

3. The defense zone of ​​Hanoi capital is an integral part of the Homeland defense, carrying out the duties stipulated in clause 2 of this Article, and establishing units and affiliates of regular troops of the Capital High Command which are strongly comprehensive and have high combat capabilities.

4. The Government shall regulate the direction, command, cooperative relationship, maintenance of, and responsibilities of agencies and organizations for, defense zones.

Article 10. National defence and security education

1. National defense and security education shall be carried out nationwide with contents, forms and methods appropriate for each receiver of such education.

2. Tasks of national defence and security education shall include the followings:

a) Provide national defense and security education for pupils, students and learners at educational establishments of state agencies, political organizations, socio-political organizations and those belonging to the national education system;

b) Provide training in national defense and security knowledge for trainees in the State agencies and organizations, political organizations, socio-political organizations, managers of non-public sector enterprises, non-state public service enterprises, typical individuals and renowned persons in the community;

c) Spread national defence and security knowledge amongst the population.

3. National defense and security education shall be subject to the provisions of the Law on National Defense and Security Education and other relevant laws.

Article 11. Defence mobilization

1. Defence mobilization is a combination of activities and measures to mobilize all resources of the nation or a number of localities for national defense and Homeland defense activities.

2. Tasks of defence mobilization shall include the followings:

a) Mobilize all resources of the national economy to ensure national defense;

b) Mobilize resources to meet the defense needs in the first year of war;

c) Build and mobilize the reserve force; build and expand the militia and self-defense force;

d) Carry out industrial mobilization;

dd) Shift the organization and operation of ministries, central sectoral administrations and localities from peacetime to wartime;

e) Fulfill other duties regulated by relevant laws.

3. Formulation of national defence mobilization plans and measures shall be subject to the Government's regulations.

Article 12. National defence and security industry

1. National defense and security industry is an integral part of the national industry, an important part of the real power and potentiality of the national defense and security, and is a particular discipline tasked with research, development, production, repair, improvement, modernization of weapons, equipment, supplies, technical equipment and other products serving national defense and security demands to ensure furnishment of equipment for the people's armed forces.

2. The State shall have particular policies and mechanisms to build the national defense and security industry following the direction of dual-use, and becoming key in the national industry; enhance the potentials and take full advantage of and develop the linkage between the national defense industry, security and the industry serving the people’s life; mobilize to the utmost the achievements of the national industry serving the national defense and security industry’s needs; make key investments in weapons and high technology equipment; promote the internal strength and expand international cooperation.

3. The Government shall direct the formulation of planning schemes, plans and projects for development of the national defense and security industry to meet the requirements and tasks of the people's armed forces and of the building and protection of the Homeland.

4. Principles, policies, tasks, operational organization, planning, plans, resources, responsibilities and powers of agencies and organizations shall be subject to the provisions of legislation on the national defense and security industry, and other relevant provisions of law.

Article 13. Civil defence

1. Civil defense is an integral part of the Homeland defense, including measures to prevent and repulse the dangers of war; prevent, repulse and mitigate the consequences of disasters, incidents, natural calamities and epidemics; protect the people, agencies, organizations and the national economy.

2. Tasks of the civil defence shall include the followings:

a) Formulate civil defense mechanisms and plans;

b) Implement propaganda, educational, training, drilling and practice programs;

a) Build a system of civil defence facilities;

d) Set up a system for receiving, processing information, studying forecasts, warnings, notifications and alerts;

dd) Implement civil defence measures.

3. The civil defence force shall be composed of the followings:

a) The core force including the militia and self-defense force; Police of communes, wards and townships; the full-time or part-time units of the People's Army, the People's Police and other ministries and branches at the central or local level;

b) The widespread force joined by the people.

4. The Government shall issue specific regulations of this Article.

Article 14. Defense foreign relation affair

1. Defense foreign relation affair shall aim to implement the Communist Party's and State's guidelines and policies in order to promote the nation’s combined strengths for building and protection of the Homeland, contributing to ensuring peace and national independence, democracy and social progress in the world.

2. Tasks of the defence foreign relation affair shall include the followings:

a) Establish and develop defense relations with sovereign states and international organizations;

b) Build and expand friendship and international cooperation; conduct defence dialogues; build and consolidate mutual understanding, trust and solidarity between the Vietnam People's Army and the armies of other countries in the world;

c) Participate in the establishment and implementation of bilateral, multilateral, regional, inter-regional and global defense mechanisms for the purpose of peace, stability and development;

d) Carry communication on defence foreign relations.

3. Principles, contents and forms of defense foreign relations as well as the responsibilities and powers of agencies and organizations shall comply with the provisions of law.

Article 15. Combination of the national defense with socio-economic development activities, and of socio-economic development activities with the national defense

1. The combination of the national defence with socio-economic development activities, and vice versa, means the connection between all national defence activities and those in different socio-economic industries and sectors under the uniform state management and administration with the aim of contributing to consolidating and strengthening national defence and socio-economic development.

2. Tasks of the combination of the national defense with socio-economic development activities, and of socio-economic development activities with the national defense, shall include the followings:

a) The State shall work out plans and programs for combining the national defense with socio-economic development activities, and of socio-economic development activities with the national defense, in line with the socio-economic development and Homeland defense strategy over periods of time;

b) Socio-economic development strategies, planning schemes, plans and projects of ministries, sectoral administrations, regions and localities, important national projects, border regions, islands and strategic areas must be combined with the national defense, and must be in line with the Homeland defense strategy;

c) The Ministry of National Defense shall assume the prime responsibility for, and coordinate with concerned agencies and organizations in, working out plans regarding national defense demands and the capability to combine the national defense with socio-economic development activities in peace time, the state of defence emergency and the state of war; organize and build economic-defense zones; organize and manage the operations of defense service enterprises and military units assigned to perform economic tasks in combination with national defense activities under the provisions of law and in line with the tasks of building and protecting the nation;

d) Ministries, sectoral administrations and localities must, upon formulating strategies, planning schemes, plans and projects, receive consultations from and apply for assessments by the Ministry of National Defense according to the provisions of the Planning Law and the Investment Law and other relevant provisions of law;

dd) Agencies, organizations and individuals must, when carrying out production, business and investment activities as well as scientific and technological research and application, comply with the requirements concerning the combination of socio-economic development activities with national defence maintenance as required by relevant laws;

e) A number of investment projects to be built in key defense areas must be of dual use and ready to be transformed to satisfy national defense demands.

3. The Government shall issue specific regulations of this Article.

Article 16. National defence tasks of ministries, central sectoral administrations and local authorities

1. National defense tasks of ministries, central sectoral administrations and local authorities are the tasks of leading, directing, managing and administering and organizing the performance of defense tasks within their competence.

2. Ministries and central sectoral administrations shall establish the military steering committee working under the part-time employment regime in order to perform national defence tasks.

3. Localities must have the national defence standing body which is the local military organ at the same level.

4. The Government shall issue specific regulations of this Article.