Chapter IV
PEOPLE'S ARMED FORCE
Article 23. Composition and tasks of the people's armed force
1. The people’s armed force shall be composed of the People's Army, the People's Police and the Militia and self-defense force.
2. People's Armed Forces shall be absolutely loyal to the Homeland, the People, the Communist Party and the State; have the duty to be ready to fight, fight, serve a combat, defend the independence, sovereignty, unity, territorial integrity of the Homeland, national security, social order and safety; protect the people, the Communist Party, the State, the socialist regime and revolutionary achievements; join hands with the people to build the country and carry out international obligations
Article 24. Functional principles and cases of use of the people's armed force
1. The activities of the people's armed force must comply with the Constitution, laws and treaties to which the Socialist Republic of Vietnam is a contracting party; shall be put under the leadership of the Communist Party of Vietnam, the command of the State President and the unified management of the Government.
2. Cases in which the people's armed force is used shall be prescribed as follows:
a) In the state of war or the state of national defense emergency, the order of the State President and other relevant provisions of law shall be observed;
b) Upon exercising the martial law or curfew order, provisions of this Law and other relevant provisions of law shall prevail;
c) In the state of emergency due to disasters, dangerous epidemics or serious threats to national security and social order and safety, the provisions of laws on emergency state and other relevant provisions of law shall prevail;
d) Where there is a threat to national security or social order and safety which is not so serious that the state of emergency is promulgated, the provisions of laws on national security and other relevant provisions of law shall prevail;
dd) On participating in activities contributing to the protection of peace in the region and the world, the decisions of the National Defense and Security Council shall be obeyed;
e) In case of complicated situations of national security, social order and safety; fighting against crime; participation in the prevention, combat and mitigation of consequences of incidents, natural disasters, epidemics, the use of the armed force shall be regulated by the Government.
Article 25. People’s army
1. The people's army is the core of the people's armed forces in the performance of national defense tasks, including the permanent standing force and the reserve force. The permanent standing force of the People's Army shall comprise the regular troop and the local troop.
December 22 is the annual traditional day of the People's Army and the All-people National Defense’s Day.
2. The people’s army shall have assigned functions and duties to get ready to fight and fight for safeguarding of the Homeland; propagate and disseminate guidelines, advocacies of the Communist Party, policies and laws of the State; engage in labour and production work, and combine the national defence and socio-economic development activities, participate in the civil defence and join hands with the people in building the country; fulfill international obligations.
3. The people’s army shall assist the state in building the people's army to become revolutionary, regular, elite and gradually modern, and have rationally-structured permanent forces, and a powerful and mighty Militia and Self-defence Force; building several forces to directly advance to modernity.
4. Organizational structure, tasks, service regime and regimes and policies of the people's army shall comply with the provisions of the Law on Officers of the Vietnam People's Army, the Law on Military Professionals, National Defense Workers and Officers, and the Law on Military service and other relevant provisions of law.
Article 26. People’s police
1. The people’s police is the core of the people’s armed force in performance of duties to protect national security and maintain social order and safety, and fight for prevention and control of crimes.
2. Functions, tasks, organizational structure, commanding, assurance of operations, service regimes and regimes and policies of the people’s police shall comply with the provisions of the Law on People's Police and other relevant provisions of law.
3. The State shall build a revolutionary, regular, elite and gradually modernized police force; prioritize the modernization of some forces.
4. The people's police shall have to cooperate with the people's army and the militia and the self-defense force in performing national defense tasks. The cooperation between the People's Police, the People's Army and the militia and self-defense force shall be subject to the Government's regulations.
Article 27. Militia and self-defence force
1. The militia and self-defense force shall be the armed force of people that are not freed from production or business activities; is the force that protects the Communist Party, the State, the life and property of the people, the property of the State available in the localities and grassroots-level areas; shall be ready to fight, fight, serve combats and acts as the core to join hands with the people to fight the enemy in localities or grassroots-level areas when the war occurs; shall participate in the building of the all-people national defense, defense zones, civil defense, and the protection of national security and the maintenance of social order and safety, the fight for prevention and control of crimes.
2. The State shall build a strong and widespread militia and self-defense force.
3. Organization, tasks, service regimes and regimes and policies of the militia and self-defense force shall be subject to the provisions of the Militia and Self-Defense Force Law and other relevant law provisions
Article 28. Commanding of the People's Army, the People's Police and the Militia and self-defense force
1. The People's Army, the People's Police and the Militia and self-defense force shall have the commanding system organized under law.
2. The Minister of National Defence shall be the chief commander of the Militia and self-defense force.
3. The Minister of Public Security shall be the chief commander of the people’s police.
Tìm kiếm
Luật Quốc phòng 2018 (Bản Word)
Luật Quốc phòng 2018 (Bản Pdf)