Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Law provides for manning and mobilization of military reserve forces; allowance and other policies; responsibilities of entities and persons for manning and mobilization of military reserve forces.
Article 2. Interpretation
For the purposes of this Law, terms used herein shall be construed as follows:
1. Military reserve force includes reserve servicemen and technical equipment that are registered, managed and placed in reserve units to be available when permanent standing bodies of People’s Military Forces require additional manpower.
2. Reserve serviceman (reservist) comprises reserve officers, professional reserve servicemen and non-commissioned officers and reserve soldiers that are registered under the provisions of the Law on Officers of People’s Army of Vietnam, the Law on Professional Servicemen, defence employees and staff and the Law on Military Service.
3. Reserve technical equipment refers to property kept under the control of Vietnamese entities, organizations or citizens, including means of road transport, water transport, civil aviation transport, road and other construction equipment, equipment designed for loading, unloading of goods, means of communication, medical equipment and supplies, and several other equipment and accessories, all of which are registered to meet infrastructure demands of People’s Armed Forces.
4. Reserve force unit refers to a military organization that is mainly or entirely composed of reserve servicemen and technical equipment listed in the plan for provision of additional manpower for standing bodies of People’s Army; that is organized and staffed in an incomplete manner or has not yet been organized in peacetime, but has the plan for conscription of members of reserve forces or provision of additional manpower for armed forces in wartime under order for conscription of reservists.
5. Reserve specialized unit refers to a form of reserve force unit which is organized, staffed and provided with academically or professionally qualified reserve servicemen, equipment or accessories designed for their specialized duties.
6. Military career refers to a profession or specialized occupation corresponding to a rank of an enlisted member of the People’s Army.
7. Mobilization of reserve forces refers to calling up reserve servicemen and mustering reserve technical equipment for transfer to standing military forces of the People's Army under the provisions of this Law.
8. Owner of reserve technical equipment refers to a Vietnamese entity, organization or citizen having the right to own or use reserve technical equipment which is registered, managed and placed in a reserve unit.
Article 3. Principles of manning and mobilization of military reserve forces
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 domination of the State President, the centralized and unified management of the State, and the command or direction of the Minister of National Defence.
2. Establish military reserve forces having political, spiritual and organizational strengths, high combat level, and put under strict management.
3. Mobilize all-people strengths.
4. Closely combine socio-economic growth with national defence and security enforcement; adapt to the domestic socio-economic growth context.
5. Man and mobilize reserve forces that have the required number of reservists and reserve technical equipment; conform to prescribed standards and time schedule; ensure confidentiality and safety according to laws and approved plans.
6. Apply engineering and technological achievements and advances to establishment and mobilization of reserve forces.
Article 4. Responsibilities of servicemen assigned as members of reserve forces
1. Servicemen assigned as members of reserve forces shall assume the following responsibilities:
a) Take health checks-up;
b) Obey training, drilling, mobilization and fighting readiness assessment commands;
c) Carry out rules and regulations on daily activities of reserve units and duties assigned by commanders;
d) Carry out commands of mobilization of reservists for provision of additional manpower for standing forces of the People’s Army.
2. Servicemen holding commander ranks in reserve forces shall assume the following responsibilities:
a) Observe regulations laid down in clause 1 of this Article;
b) Grasp the number and quality of reservists of reserve units under their command; ensure their reserve unit's operations are conformable to prescribed rules and regulations for daily activities and carry out the stated reporting regime;
c) Manage and command their reserve units during training, drilling sessions or mobilization and combating readiness assessments;
d) Manage and command their reserve units to provide additional manpower for standing forces of the People’s Army.
Article 5. Rights and obligations of owners of reserve technical equipment and operators of reserve technical equipment
1. Owners of reserve technical equipment shall be obliged to comply with decisions on mobilization, assembly or concentration of reserve technical equipment; may be eligible for taking back reserve technical equipment, being paid fees and compensations for any loss or damage arising from mobilization or assembly of reserve technical equipment.
2. Operators of reserve technical equipment shall be obliged to comply with mobilization decisions; may be granted allowance or other incentive policies prescribed herein.
Article 6. Compensation for loss or damage arising from mobilization or assembly of reserve technical equipment
1. Owners of reserve technical equipment may be entitled to compensation packages if:
a) Such reserve technical equipment is damaged, lost or destroyed;
b) These owners lose income owing to mobilization or assembly of reserve technical equipment.
2. Persons authorized to make decisions on mobilization, assembly or concentration of reserve technical equipment shall be responsible for compensating for loss or damage incurred therefrom. The rate of compensation and payment of compensation amounts to owners of reserve technical equipment shall be the same as compensation paid to persons whose property are legally appropriated by the state in accordance with laws on state procurement and appropriation of property.
In cases where reserve technical equipment to be mobilized or assembled is an asset that the State allocates to a state agency or public service provider, and such equipment is damaged, lost or destroyed, all repair or new purchase expenses shall be reimbursed in accordance with laws on state budget.
Article 7. Prohibited acts during establishment and mobilization of military reserve forces
1. Evade carrying out responsibilities of reserve servicemen, or obligations of owners of reserve technical equipment which is mobilized or assembled.
2. Object to and hinder establishment and mobilization of military reserve forces.
3. Mobilize and assemble military reserve forces without conforming to approved plans.
4. Make use of or abuse the performance of reserve force establishment and mobilization tasks to infringe upon the national interests or legitimate rights and interests of agencies, organizations or individuals.
5. Perform the act of gender discrimination during the period of establishment and discrimination of military reserve forces.
Tìm kiếm
Thông tư 01/2021/TT-BKHĐT (Bản Word)
Thông tư 01/2021/TT-BKHĐT (Bản Pdf)
