The Decree 20/2016/nd-Cp: Detailed Provisions And Measures For The Implementation Of Some Articles Of The Law Of Self Defence

Original Language Title: Nghị định 03/2016/NĐ-CP: Quy định chi tiết và biện pháp thi hành một số điều của Luật Dân quân tự vệ

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DECREE on detailed rules and measures for the implementation of some articles of the law of self-defense militias _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law June 19, 2015;
Pursuant to the law of self-defense militia on November 23, 2009;
According to the recommendation of the Minister of national defence, the Government issued Decree detailed rules and measures for the implementation of some articles of the law of self-defense militias.
Article 1. Scope of this Decree detailing, measures for the implementation of some articles of the law on self-defence militia: defensive organization in enterprises; the number of command-level military Committee to Deputy commune; the duties, powers, activities coordination mechanisms of the military commander of the central ministries; the seal of the Board of the communes, wards and towns (hereinafter referred to as the social level), the military commander of the Agency, held in the base, the military commander of the central ministries; funding source; key township-level defense and security; conditions established military Committee agencies, held in the facility; management hierarchy Board of military command authority, held at the base, the militia units to defend themselves; mode, the policy for the self-defense militia; media support, the cost of travel for the militia to defend itself when performing tasks.
Article 2. Application object 1. Vietnam citizens, State agencies, political organizations, social-political organizations, business units, enterprises of Vietnam.
2. Individuals, organizations have invested abroad reside and operate in Vietnam involving self-defense militias. The case of the international treaties to which the Socialist Republic of Vietnam is a member of other provisions of this Decree shall apply to the provisions of international treaties.
Article 3. The decision to implement the obligation of citizens to join self-defense militias; the decision to complete the obligation of citizens to join self-defense militias; license to use weapons, self-defense militia support 1. Chairman of people's Committee of social level, the head of the Agency, the Organization decided to make citizens obliged to join self-defense militias and decided to complete the obligation of citizens to join self-defense militias at the suggestion of Chief Military Commander Board social, Commander of the military Committee of the Agency , held in the base or unit commander of the Defense Agency, where the Organization has no military command authority Committee, held at the base.
2. the Chief of the District Military Committee, district, town, city in the province, a city in central cities (hereafter referred to as district level) license to use weapons, support tool of self-defense militias.
3. the decision to Form the citizens service join self-defense militias; the decision to complete the obligation of citizens to join self-defense militias; license to use the support tools, weapons of self-defense militia provisions in annex I attached to this Decree.
Article 4. Self defense organization in terms of business 1. The business organization to defend itself when the following conditions: a) to ensure the leadership of the Party Committee level, the management of provincial people's committees, district level and the Commander of the local military authority levels;
b) was operational from 12 months enough;
c) the number of public servants, workers have labor contracts from 12 months or older and the labour contract duration: not in age, qualified service join to defend itself in accordance with the law on self-defence militia to organize from 1 squad to defend itself;
d) consistent with mission requirements of Defense, security, plans to organize self-defense militia force of local.
2. For business not yet held to defend the Organization for service workers to join the militia in the basis: a Business Manager) is responsible for providing the list of workers in the age of the obligation involved inhabitants of military businesses have labor contracts from 12 months and over No labor contract, the time limit for the Committee to grant town where businesses have headquarters or operations;
b) Business Manager in coordination with the President of the people's Committee of social workers admission specified in point a of this Paragraph into the army;
c) Enterprise Manager to ensure the regime for workers joining militant activities, training, operating under the rule of law.
Article 5. The procedures to establish self-defense units in the business 1. A profile) text proposed the creation of unit Business Manager;
b) plan to build defensive forces of the business;
c) list of officers, public servants, employees of organizations involved;
d) the text of the relevant authorities appraised the establishment of businesses.
2. The order, the time limit for performing a) for enterprises not belonging to the army of responsible management established 1 record as defined in point a, point b and point c of Paragraph 1 of this article sent to the function body of authority established militia units to defend the provisions of article 28 of law of self-defense militias. Authorities in collaboration with the business survey, scheduled protection organizations plan and issued a written appraisal about the Organization of self-defense in the business who have the authority to decide.
As for the military businesses of management is responsible for establishing 1 record as defined in point a, point b and point c of Paragraph 1 of this article the competent Commander who formed self-defense units specified in article 6 of this Decree;
b) within a period of 5 (five) working days, calculated from the date of receiving the application, if the profile is not valid, the bodies competent to establish self-defense militia units specified in clause 1 6 of this decree must have written additional business guide, complete the profile;
c) within a period of 20 (twenty) working days from the date of receiving documents, agency of authority established militia units to defend the provisions in clause 1 article 6 (for non-military business management) or of the authorized agency established militia units to defend the provisions of item 2 article 6 of this Decree (for with the military in the business management) is responsible for obtaining the opinion of the relevant body, General, profile evaluation according to the content of the provisions in clause 1 article 4 of this Decree and the decision-making authority established defensive unit. Case authority established defensive unit does not agree in writing to notify businesses and relevant agencies to know the reason.
Article 6. The authority established dissolve self-defence units in business 1. As for the self-defense units in the enterprise not in military management: the established authority, dissolved under the provisions of point b, point c, d, DD Account Point 1 and item 2 Article 28 law of self-defense militias.
2. for self-defense units in the military business management: a) General Department, Commander of military region, the Corps, command of the capital, army, Corps, the Army decided to form battalions, squadrons of self-defense in businesses of the right;
b) Director of the Institute, the Academy, the school principal in the Ministry of defence, General Manager of the Corporation, the Corporation decided to set up: companies defend themselves, self defense Squadron; defensive platoon, anti-aircraft artillery in the businesses of the right;
c) Director, Rector in the Directorate, branch, region, branch, the Corps decided to platoon, Squad, defensive batteries in the businesses of the right;
d) competent to form self-defense units contest has the power of appointment, dismissal and self-defence unit commanders disbanded the unit.
Article 7. Conditions established military Committee agencies, held in the base Board of the Agency, held in the basis was formed when the following conditions: 1. Have held Vietnam Communist Party leader.
2. The management state of military defense.
3. Have held self-defense, reserve officers and enlisted.
Article 8. Communes, wards and towns key on defense and security 1. Social key on defense and security is granted the border town, Islands, coastal safety zone (ATK), critical elevation of township level of political, economic, cultural, social, national defense, security or social security situation there, the regular political complications.
2. Identifying key township level on defense, the security of a people's Committee Chairman) province, central cities (hereafter referred to as the provincial level) suggest the Commander of military region, the Defense Minister to review the decision;
b) Committee Chairman of Hanoi people suggested the Defense Minister to review the decision.
3. Each year, the Chairman of the provincial people's Committee review, suggest additional social adjustment, key on defense and security for the match.
Article 9. The number of command-level military Committee to Deputy commune 1. Administrative divisions of type 1, type 2 in accordance with Decree No. 158/2005/ND-CP on December 27, 2005 by the Government on administrative classification communes, wards, town and township level key on defense and security is arranged 2 commanders Deputy Military Commander Board by the provincial people's Committee of the people's Councils at the same level.
2. administrative unit type 3 layout 1 Commander Deputy Military Commander Board.
Article 10. The duties and powers of the Board of the Ministry of military industry, Central 1. Advised the Board, rolling the party, Party, Party committees at levels, the head of The central departments issued a written direction, leadership, management of military defense work from the central to the local, basis; combine economy with defense, security and evaluation the planning, planning and economic-development projects related to social security, the Defense Department in the administration area under the provisions of the law.
2. Chaired the regular, coordinated with relevant authorities of the Ministry of defence, the military districts, the local military authorities, agencies, related organizations, guidance Director, made the mission: a) the work of self-defense militias;
b) education, defense and security;
c) motivate defense, military officers, civil defense, the industry concerned;

d) participated in construction of the local armed forces, build comprehensive base; coordinating and directing the construction, the operation of the defence sector; rehearsal areas, fight the defense, civil defense is relevant;
DD) emulation work rewarded, troops rearguard policy, preferential policy people to the revolution;
e) counsels ensure the budget, funding, policy, mode for Defense, military;
g) check, summary, summarizing, reporting;
h) perform other duties as assigned.
3. Directs, guides, agencies in the fields of The unit, management in collaboration with the local military authorities advised grant Committee, the head of the leadership, direction and implementation of the tasks specified in paragraph 2 of this Article.
Article 11. The mechanism of action of The military Committee, the Central sector 1. As for the Labor Party, Party officials Committee, Party committees at levels, head of the Ministry, the Central sector: bear the leadership, direction, management, administration of national defense affairs, military, civil defense related.
2. for the Ministry of Defense: subject to the direction, guidance on the work of national defense, military, civil defense related.
3. for the regional military command, the military authority to the local level where ministries have headquarters: subject to the direction, guidance on the work of national defense, military, civil defense related.
4. Chaired or coordinated with the regional military command, command of the capital Hanoi, The Commander of the Corps, the army, The Commander of the border guard, the local military authority levels to steer, guide, inspect, inspect under the authority of the defense , military, civil defense related agencies, units of power.
5. With regard to Ban military command bodies, held at the base, the Commander of the self-defense units where no Ban military command bodies, held at the base in the industry, management: host, in cooperation with the local military authorities steer, guide and oversee the Organization of Defense , military, civil defense related.
6. With respect to the relevant authorities of the Ministry of Defense: the steer, guide and oversee the coordination of defence, military, civil defense related.
Article 12. Management hierarchy Board of military command authority, held at the base, the militant self-defense units 1. The capital Hanoi, the Ho Chi Minh City, provincial military command of management: a) Ban military command bodies, held at the base in the business, the business units established by decision of the Minister and the equivalent major work based on the area;
b) Ban military command bodies, held at the base in business for self defense battalion;
c) Ban military command bodies, held at the base in departments, branches and provincial equivalent, the management of industrial zones, export processing zones, hi-tech zone, the economic zone;
d) company, artillery guns, self-defense militia battalion, self defense, self defense Squadron was assigned, self-defense militia battalion during training activities.
2.-level military Board of management the Board of military command authority, held at the base are not in point a, b, c Paragraph 1 of this article and manage protection militia units specified in point d of this paragraph 1 in addition to the training time, active; managed by the self-defence militia units at district level established during training activities.
3. the Board, township-level military Board of military command authority, held at the base, the Commander of the self-defense units where no Ban military command bodies, held in facilities management: a) militia units to defend the jurisdiction established and self-defense militia units assigned to manage;
b) militia units to defend themselves because the upper level established in addition to the training time, do the task assigned by the authority.
4. Ban The military commander of the Central sector, in collaboration with the permanent organs of the Ministry of defence about the work in the Defense Ministry, the Central, local, industry bodies, the army unit involved in directing, guiding the Management Board of the Agency, held at the base in the field of The charge of industry, according to the authority.
5. Branch management: a Navy) Squadron, the squadron protection in State enterprises have the means, the boats operating on the seas;
b) Squadron, the Squadron, company, platoon, squad you defend yourself in the Business Department of the naval service.
Article 13. The seal of the Board 1. Seal of command-level military Committee, military Committee agencies, held at the base, the military commander of the central ministries that are used in the text about military defense and documents related to the work of national defense, military, civil defense authority.
2. Form a seal, stamp carving procedure, jurisdiction procedures, registration, management of seal of command-level military Committee, military Committee agencies, held at the base, the military commander of The central departments perform under the provisions of Decree No. 55/2001/ND-CP dated 24 August 2001 of the Government on the management and use of the seal , Decree No. 31/2009/ND-CP on April 1st, 2009 by the Government about amending and supplementing a number of articles of Decree No. 55/2001/ND-CP dated 24 August 2001 of the Government and the relevant legislation.
3. the Board, township-level military Board of military command authority, held at the base, the military commander of the central ministries to be continue using existing seal if not contrary to the provisions of this Decree.
Article 14. Costumes, stars hats, badges of the self defense forces 1. Designs, colors, templates, standard, the limit for use of the costume, hat, Star badges self-defense militia provisions in annex II attached to this Decree.
2. The standard of quality costumes, stars hat, self-defense militia badges follow national standards in the field of military defense (TCVN/QS).
3. Allocation, management, using costumes, stars hat, self-defense militia badges follow the rule of law in the field of Defense and regulation of the Minister of national defence.
Article 15. The standards and norms of the equipment work of the military Committee level 1 Township. Social level where condition based construction work for military commanders, secure resting place, the living of the reserve, militia members when were done the missions; where no condition to build a private office, then room disposition enough area for meetings, Committee, alternating users ready to fight militant forces and layout tables, chairs, Cabinet documents, metal containers, guns, tools, training material, common costume , telephones and some other material.
2. Minister of Defense prescribed categories of specialized military equipment at the head office or the Office of the Commander of the army.
Article 16. Management responsibility allowance, the allowance Level unit commander responsible for managing, Commander of the militia units to defend itself is calculated and paid by month, by base salary multiplied by the specific rules are as follows: 1. The U.S. team captain, Captain: 0.10.
2. Lieutenant captain, Captain: 0.12.
3. the political staff, associate companies; Vice Squadron, the squadron's Deputy member: 0.15.
4. The great captain, the politics of college teams; The Chief political officer, Squadron Squadron. Central militia captains maneuver: 0.20.
5. Deputy political officer, battalion Deputy Battalion; Vice Squadron, the squadron's Deputy member: 0.21.
6. the battalion commander, battalion staff; The squadron commander, Squadron Member; Deputy Commander, Deputy Board Member social military commander; Deputy Commander, Deputy Board member of military command authority, organized at the grassroots: 0.22.
7. Political Commander, senior-level military town; Commander, senior political officer, held in Agency facilities; Deputy Commander, Deputy Board Member, military commander of the Central sector: 0.24.
8. the Chief of the political Board, military commander of the central ministries: 0.25.
9. Time allowance of liability from the date appointed by the decision and make the decision until there is only serving it; the event held from 15 days or more in the month is month allowance, held under a 15-day of the month shall be entitled to 50% of the level of responsibility that month.
Article 17. Extra mode level, social insurance, health insurance, food, work, a Deputy Commander of the support command of the military Social Committee; the allowance of the Hamlet Chief; media support, the cost of travel for the self-defense militia 1. Commander Deputy Military Commander Board entitled: township-level a) monthly allowance regime is calculated and paid by month, by base salary multiplied by 1.0;
b) Was close and enjoy social insurance regime, health insurance in time served under the provisions of the law on social insurance, health insurance;
c) food during training, training, training by level of basic food of infantry soldiers in the Vietnam people's army;
d) operative mode apply as social servants;
DD) where there is a continuous work time from enough 60 months or more if the holiday voucher once, for 12 years the work was calculated by 1.5, a level the average allowance of 60 last month unless arbitrarily dismiss, discipline dismissal, be deprived of citizenship.
2. Hamlet Chief was entitled to extra mode level minimum monthly by 0.5 base salary and pay by month.
3. mobile militia, the militia, the militia, the regular militia sea duty as defined in article 8, article 44 of the law on self defence are the media support, travel expenses or the payment of money to ship the car once, as officials and civil servants social; for protection as officials and civil servants.
4. The Chairman of the provincial people's Committee in the same people's Council granted monthly allowance level decisions, food support, social insurance, health insurance for the command of the Deputy Commander of the military Social Committee; monthly allowance of the Hamlet Chief; the level of travel expenses for self-defense militias.
Article 18. Extra mode level of seniority

1. Officer-level military Committee has ongoing work time from enough 60 months or more are entitled to seniority allowance. The level of allowance is as follows: after 5 years (full 60 months) of continuous work shall be entitled to seniority allowance equal to 5% of current salary and allowances, the allowance positions beyond seniority (if any) or monthly allowance currently enjoyed; from the sixth year onwards each year (full 12 months) added 1%.
2. Officials-level military Committee town if there is time of continuous work in the hospitality industry are computer professional seniority allowance shall be plus connection time with time as military commander Board officials granted the town to seniority allowance.
Article 19. Special regime of Defense, military 1. Commander Deputy Military Commander Board granted the commune, Central militia captains maneuver enjoyed a particular regime of military defense.
2. special allowance Rates, military defense by 50% of the total allowances currently enjoy including: monthly allowance, allowance for responsible management, unit commanders, seniority allowance.
3. time enjoy special allowance of military defense from the date appointed by the decision and make the decision until there is only serving it; the event held from 15 days or more in the month is month allowance, held under a 15-day of the month shall be entitled to 50% special allowance, the military defense of the month.
Article 20. Mode, the policy for the self-defense militia duty involved the protection of sovereignty, sovereignty rights, self-defense militia island in time to join duty to protect the sovereignty, sovereign rights to the sea, the island of the Socialist Republic of Vietnam by decision of the competent level thing enjoy the mode policy: 1. for self-defense was charged salary resources, currently entitled to allowances, welfare benefits according to the current mode and enjoy an additional 50% of salary ranks calculated according to the actual day of mobilization; enjoy the standard of food per person per day by 0.1 base salary; If the actual rate is lower than specified on the applied item 2 of this Article.
2. With regard to the militia was on the support of labor, subsidized rates by 0.25 basis wage coefficient; enjoy the standard of food per person per day by 0.1 salary basis. As for the captain, your head is more a support responsibility allowances per person each day by 0.08 base salary.
Article 21. Mode, the policy for the militants have yet to join the health insurance, social insurance when performing tasks ill, die 1. Officials and militia fighters have yet to join the health insurance, social insurance when performing the duties specified in article 8 of the law of self defence militias and the decisions of the authority if the illness or illness leading to death are entitled to the following policy modes : a) for cases of illness: Be patient, treatment and payment of medical examination and treatment as health insurance rates for the Vietnam people's Army soldiers stipulated in art. 1 Article 22 of law amendments and supplements to some articles of the law on health insurance; during the treatment of subsidized food by food campaign's basic infantry Vietnam people's army;
b) for cases of illness leading to death: relatives or people worried about burial funeral money supported by 5 (five) times base salary, at the death.
2. Record a) petition for support of the militia or the legal representative of the militia of the opinion of the Board and township-level military confirmation of the people's Committee of social level;
b) Vote tests, prescriptions, bills to collect money, discharge certificate, death certificate for illness leading to death;
c) evaluation of text command-level military Committee.
3. Order and solve a) militia or the legal representative of the militia for cases of sickness leads to die set 1 record as defined in point a, point b Paragraph 2 this submission directly to the communal level military commander;
b) within 5 working days from the date of receiving the application, the Board of social responsibility to check validity. Invalid profile case, Ban military commanders issued instructions for the militia to township or the legal representative of the additional troops, the perfect record. Valid profile case, Ban military commanders send township-level military Committee at district level;
c) within 10 working days from the date of receipt of a valid application: where the profile is not qualified to resolve the military Committee at district level must have the written notice the reasons for the audience to know; eligibility profile case solved, the Board-level military commander responsible for the appraisal, the Chairman of people's Committee of the district level decision to support the militia or the legal representative of the militia;
d) within 10 working days from the date of the decision to grant the relevant authorities to resolve the ailing regime for the militia or the legal representative of the militia.
4. Funding secured by the decision of the people's Committee at district level.
Article 22. Mode, the policy for the militants have yet to join the health insurance, social insurance when making the mission accident, killed 1. Officials and militia fighters have yet to join the health insurance, social insurance when performing tasks prescribed in clause 4, Clause 5, paragraph 6 article 8 of the law of self defence militias and the decisions of the authority entitled policy mode in the following cases: a) within the time and in the place of duty prescribed in clause 4 Clause 5, Clause 6, article 8 of the law of self-defense militias by the decision of the authorized thing;
b) Beyond where duty or out of hours on duty by order of the authority;
c) on the way to and from the place of duty to the place in time and reasonable route.
2. mode, the policy entitled: a) for the case of an accident: during the treatment of accidents are entitled as defined in art. 1 article 21 of this Decree, including cases of recurrent injuries until discharge. If accidents do: reduced from 5% to 21% support once at least equal to 12 times the base salary; declined from 22% to 80%, a 1% decline more then enjoy an additional 0.4 times the base salary; decreased from 81% over, once subsidized by at least 60 times base salary;
b) for the case of an accident resulting in death: relatives once subsidized by 36 times base salary and the lo buried received a funeral allowance equal to 10 times the time base salary in the month of death.
3. Record a) petition for support of militants or relatives of the opinion of the Board and township-level military confirmation of the people's Committee of social level;
b) report on the accident investigation of the police or the social level military commander;
c) Slip tests, prescriptions, bills to collect money, discharge certificate, death certificate for cases of accidents leading to death;
d) text of the appraisal district military commander.
4. solve a sequence) or militia the legitimate representative of the militia for the event of an accident resulting in death, established the 1st record as defined in point a, point b, point c of Paragraph 3 of this article, submitted directly to the Board of the social level military commander;
b) within 5 working days from the date of receiving the application, the Board of social responsibility to check validity. Invalid profile case, Ban military commanders issued instructions for the militia to township or identity, the legal representative of the additional troops, the perfect record. Valid profile case, Ban military commanders send township-level military Committee at district level;
c) within 10 working days from the date of receipt of a valid application, case records are not qualified to solve the level military Committee to have a clear written notice of reasons for the proposal said. Eligibility profile case solved, the Board-level military command responsible for testing and have the text accompanied by sending military agency records;
d) within 10 working days from the date of receipt of a valid application, the provincial military agency responsible for appraisal, the Chairman of the provincial people's Committee decision to support the militia or the legal representative of the militia;
DD) within 10 working days from the date of the decision to grant, the Agency must resolve mode for the militia or the legal representative of the militia.
5. The funding secured by the decision of the provincial people's Committee.
Article 23. Mode, the policy for self-defense militia were killed, injured, sacrifices of officers, self-defense militia soldiers doing the tasks specified in paragraph 1, item 2, Item 3 article 8 the law of self-defense militias by the decision of the authorized operation: 1. Officials and militia soldiers defend themselves if killed , sacrifice, wounded while on duty are reviewed, confirmed as martyrs, invalids, invalids as policy beneficiaries as defined in the Ordinance on incentive people to the revolution.
2. in case of death but not specified in Clause 1 of this article, including wounds while on duty recurrence, the funeral organizers supported the money buried charge equal to 10 times the base wage in October died.
3. procedures, record mode, the policy made under the provisions of the law on invalids, death, martyr.
Article 24. Newspaper, magazine mode 1. Every day, the Commander of the army, Ban military command bodies, held at the base (except Ban military command bodies, held at the base in business), the permanent militia unit be level 1 of the people's army newspaper, secured by the provincial funding.
2. Every day, the military commander of the central ministries, departments and agencies military, held at the base in the enterprise is granted the people's army newspaper number 01, funding by ministries, corporate guarantee.
3. Monthly, the Commander of the army, Ban military command bodies, held at the base, the military commander of the central ministries are level 1 of self-defense militia magazine-education by the Ministry of defence defence guarantees.
Article 25. The source of funding for militant self-defense

1. Funding, the State budget ensures operation of the self-defense militia was deployed in the estimation of the annual State budget of local ministries, according to the hierarchy in the current state budget. The estimating, management and payment of funds under the provisions of the law on the State budget and the writing guide. For the local budget difficulties have been central budget support funding to follow the balance of the abilities of the central budget.
2. The enterprise has organized self-defense units are responsible for ensuring the funding arrangement for the Organization, training and operation of the self-defense forces. Yet business protection organizations are responsible for ensuring funding for workers of enterprises obliged to join the local militia where the business operates. This budget is calculated on the expenses to be deducted when determining the taxable income of the business.
3. other sources of legitimate income.
Article 26. Effective enforcement of this Decree has effect from the date of 20 February 2016 and replacing Decree No. 58/2010/ND-CP on 1st June 2010 of the Government detailing and guiding the implementation of some articles of the law of self-defense militias.
Article 27. Responsibility 1. The Minister of Defense detailing, guiding the implementation of the article, the account assigned in this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies, related organizations, agencies, provincial people's Committee Chairman, central cities is responsible for the implementation of this Decree.

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