Chương VI Luật Quốc phòng 2018: Nhiệm vụ, quyền hạn của cơ quan, tổ chức về quốc phòng

Chapter VI

DUTIES AND POWERS OF AGENCIES AND ORGANIZATIONS REGARDING THE NATIONAL DEFENCE AFFAIR

Article 34. Duties and powers of the Government

1. The Government shall exercise the unified State management over the national defense affair; perform tasks and exercise powers according to the provisions of the Constitution and relevant laws.

2. Tasks of the State management of national defence shall comprise the followings:

a) Promulgate and submit to competent authorities for promulgation and organize the implementation of legislative normative documents on national defense;

b) Formulate and organize the implementation of defense strategies and policies; build the all-people national defense, Homeland defense plans, plans for national defense mobilization and fulfillment of requirements for implementation of national defense and the armed force’s activities;

c) Organize and direct the performance of national defense tasks; execute orders and decisions of competent authorities and necessary measures to protect the Homeland;

d) 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;

dd) Carry out the national defense foreign relation affair;

e) Examine, inspect and settle complaints, denunciations, preliminary and final review, commendation and handling of violations against the national defense law.

Article 35. Duties and powers of the Ministry of National Defence

The Ministry of National Defense shall be responsible to the Government for exercising the State management over the national defense affair, and shall have the following duties and powers:

1. Advise and assist the National Defense and Security Council;

2. Preside over, and cooperate with the Ministry of Foreign Affairs and the Ministry of Public Security in, taking responsibility before the Government for performing the State management over national borders; maintain security, social order and safety in border areas, border gates, islands, waters and airspace of the Socialist Republic of Vietnam according to the provisions of Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a member state;

3. Preside over, and cooperate with the ministries, central sectoral administrations and local authorities in, formulating and building defense strategies, planning schemes, plans and projects relating to the national defence, and submit them to competent authorities to seek their decisions;

4. Build, manage and command the People's Army and the militia and self-defense force in the performance of national defense tasks;

5. Direct and guide ministries, central sectoral administrations and localities to build the all-people national defense, military region defence, defense zones and national defense affair.

Article 36. Duties and powers of Ministries and central sectoral administrations

Ministries and central sectoral administrations shall, within the ambit of their tasks and powers, collaborate with the Ministry of National Defense in the State management over national defense and shall have the following tasks and powers:

1. Promulgate or submit to competent authorities for promulgation legislative documents, directive and instructional documents on the implementation of national defense tasks according to the provisions of this Law and other relevant law provisions;

2. Preside over, and collaborate with the Ministry of Defense and concerned agencies and organizations in, combining socio-economic development activities, security and external relations with the national defense of sectors or domains assigned to them in accordance with the strategy for safeguarding the Homeland;

3. Cooperate with the Ministry of National Defense in organizing the implementation of national defense strategies, planning schemes, plans and projects according to assigned tasks;

4. Participate in the building of the all-people national defense and the all-people national defense posture in association with the people's security, the people's security posture, defense zones and the people's armed forces according to the provisions of law, directions and instructions given by competent authorities;

5. Preside over, or cooperate with the Ministry of National Defense in, carrying out periodical or extraordinary inspection, examination, preliminary or final review of implementation of national defense tasks;

6. Implement other national defence duties and powers as stipulated by law.

Article 37. Duties and powers of People’s Councils at all levels

People’s Councils at all levels shall, within the ambit of their duties and powers, have the following national defence duties and powers:

1. Decide measures to ensure implementation of national defence tasks as stipulated by law;

2. Decide guidelines and measures to promote the potentialities of their localities in building the all-people national defense and the all-people national defense posture associated with the people's security and the people’s security posture which are strong, and building the national defence potentialities and defence zones which are steadfast and comprehensive;

3. Decide policies and measures to build the militia and self-defense force and the reserve force; decide policies and measures to combine the national defense affair with socio-economic development activities, and vice versa socio-economic development activities with the national defense affair, and combine the national defense affair with security and foreign relation issues of localities;

4. Pursuant to the orders of the State President, decide policies and measures to perform the tasks required in the state of national defense emergency; shift activities of localities to the state of war;

5. Decide the budget for ensuring implementation of national defence activities of localities;

6. Supervise the compliance with the Constitution and laws, and the implementation of resolutions of the People's Councils on national defense in their respective localities;

7. Implement other national defence duties and powers as stipulated by law.

Article 38. Duties and powers of People’s Committees at all levels

People’s Committees at all levels shall, within the ambit of their tasks and powers, exercise the State management over national defense at their localities and shall have the following duties and powers:

1. Issue legislative documents under their competence on organizing implementation of national defense tasks according to the provisions of law and resolutions of the People's Councils of the same level and the tasks assigned by competent authorities in relation to the national defence at their localities;

2. Direct and organize the building of the all-people national defense and the al-people national defense posture in association with the people's security and the people's security posture; build the real power and national defense potentiality; build firmly comprehensive defense zones; build the local people's armed forces; implement national defense and security education activities; recruit and call up citizens to join the army, receive and create favorable employment conditions for demobilized servicemen; cooperate with relevant agencies, organizations and units of the people's armed forces in building the military region defense system according to the provisions of law;

3. Submit to the People's Council of the same level the budget estimates for implementation of national defense activities; direct and organize the implementation of resolutions of the People's Councils of the same level on provision of the adequate budget for defense activities in their respective localities;

4. Direct and organize the building, training and operation of, and ensure regimes and policies for, local military troops, reserve forces, militia and self-defense forces;

5. Preside over or cooperate in the building, management and protection of national defense projects, military zones, economic-defense zones in their respective localities; implement civil defense measures, military logistics policy and incentive policies for people with meritorious services to the revolution; provide manpower, material resources and finances for the people's armed forces operating in the localities in the state of emergency, the state of national defence emergency of defense and the state of war;

6. Implement other national defence duties and powers as stipulated by law.

Article 39. Duties and powers of Vietnam Fatherland Front Committee and its member organizations

Vietnam Fatherland Front Committee and its member organizations shall, within the scope of their respective tasks and powers, cooperate with the Ministry of National Defense and concerned agencies and organizations in raising the people's awareness of compliance with legislation on national defense; supervise implementation of national defense laws by agencies, organizations and individuals.