Pursuant to the law of self-defense militia on November 23, 2009;

Pursuant to Decree No. 58/2010/ND-CP on 1st June 2010 of the Government detailing and guiding the implementation of some articles of the law on self-defence militia;

Pursuant to Decree No. 104/2008/ND-CP dated 16 September 2008 of the Government functions, tasks, powers and organizational structure of the Department of Defense;

According to the proposal of the Chairman, the CIRCULAR: chapter I GENERAL PROVISIONS article 1. The range of adjustments specified the handling offence, apply to the disciplined form, deadlines, sequence and the disciplinary authority for the commanding officer of the unit, soldiers and militant self-defense organization has violated when on duty.

Article 2. The object that applies to this circular applies to the following subjects: 1. the officials and soldiers, the Organization, the militia units to defend itself.

2. Hamlet, Hamlet Captain captain, A captain, Captain of the Merchant, Phum captain, Captain-Squirrel, team leader, team leader, (hereinafter referred to as Village Chief), Commander, Deputy Commander, political membership, political Deputy Military Commander Board communes, wards and towns (hereafter referred to collectively as the military Committee level town) , The military commander of the State agencies, political organizations, social-political organizations, business units, economic organization (hereinafter referred to as the Board of the Agency, held in the base).

3. The militia units to defend itself, Ban military command levels, Ban military command bodies, held at the base.    

4. extensive self-defense militia was mobilized on duty under the orders of the authority.

Article 3. The principle of handling disciplinary infringement 1. The processing of disciplinary offense for commanding officers of the militia units to defend, soldiers and militia units to defend itself, Ban military command-level military command Board, township authorities, held in the base under the leadership of party Committee's direction, the Government granted the commune , the head of the Agency, the Organization and the Commander of the militia units to defend itself, Ban military command levels, Ban military command bodies, held at the base and the military command of the province, central cities (hereafter referred to collectively as the provincial military command) , The district military commander, district, town, city in the province (hereinafter referred to as-level military Committee).

2. Ensure the correct process, objective, fair, proper, strict time limits prescribed, proper authority decided to discipline.

3. Each violation only dealt with a form of discipline, if any, the re-offending behaviour be dealt form a higher level of discipline.

4. Ensure the computer education, contribute to the general improvement of the quality of the self-defense militia force.

Article 4. The prohibited acts 1. The Commander of the militia units to defend itself, Ban military command bodies, held in the base taking advantage of position and powers to initiate other forms of discipline or the wrong jurisdiction to decide with the form specified in this circular for the commanding officers of units soldier, militant self-defense organization violating discipline unit.

2. Violation of personality, body, Honorary officers, self-defense militia soldiers; in the process of reviewing the discipline, all fine measures applied in lieu of other forms of discipline.

Article 5. Disciplinary cases 1. Commanding officers for militia units in self-defense, self-defense militia soldiers: a) Against the orders of the Commander;

b) dissident behavior, hinder, entice, prevent the Organization, build, consolidate the force, training, self-defense militia activity or violation of the laws of the State;

c) is not complete, the task is assigned, the consequences of making bad influence to self-defense militia units;

d) officers, self-defense militia soldiers being treated at the medical facility where the violation of discipline, the medical facility must be informed of the unit of officers, self-defense militia soldiers; the disciplined due to personnel management units, militia soldiers defend themselves made.

2. Some other cases a) student Board officers training military commanders at the township level the school violated army discipline by the school handled under military discipline and announcements about local.

b) Government officials, heads of agencies, organizations that have opposed, acts impedes the Organization of construction, training, operation of the self-defense militias, violates other rules of self-defense militias, then depending on the nature and extent of the violation, processed according to the Decree of the Government on the handling of disciplinary infringement officer civil servants.

3. for militant self-defense organization: a) militia units to defend itself, Ban military command levels, Ban military command bodies, held at the base did not complete the task of building, training and operation of the self-defense militia;

b) Has over 50% of the size of the militia units to defend itself, Ban military command-level military command Board, township authorities, held in the facility violated the provisions of the law of self defence militias or other provisions of the relevant legislation;

c) militia units to defend itself, Ban military command levels, Ban military command bodies, held at the base do not perform the orders of the authority.

Article 6. The case is not yet considering discipline 1. Being sick or being treated at the medical facility.

2. Are under detention, detention pending the conclusion of the Agency has the authority to investigate, verify and concluded with regard to violations of the law.

3. During maternity leave.

Article 7. The right to appeal and the discipline review oan wrong 1. Officers, soldiers, organized self-defense militia units, being the executive decision to discipline the discipline, if not yet agree with disciplinary decisions shall have the right to appeal to the authorized under the provisions of the law on complaints and denunciation.

2. complaints pending, all officers, soldiers, organizing, militant self-defense units must strictly imperative, decisions, directives of superiors about militant self-defense work and other work.

3. The institutions, agencies receive complaints of officers, soldiers, organized, militia units to defend itself must have the responsibility to consider and respond in the proper jurisdiction and litigants on time according to the provisions of the law.

4. Officers, soldiers, organized self-defense militia unit, was disciplined after investigation there was enough evidence to conclude the wrong crime. Authority to quickly recover and whitewash all benefits for officers, soldiers, organized, militia units to defend itself; at the same time clarify the disciplinary causes incorrect. The event organizer, the lack of personal responsibility or because of bad motives (retaliation, revenge) that intentionally punished the wrong internal whitewash, soldiers, organized, militia units to defend itself by enforcing proper discipline for the Organization, that individual.

Article 8. The responsibility of the Commander 1. Under strict self-defense militia force in the right; advocacy organizations, education for officers, self-defense militia soldiers clearly understand the tasks, improve accountability, preserving the moral qualities, does not violate the discipline when on duty.

2. Officers, soldiers, organized, militia units to defend itself have disciplinary violations, the law of the State to the extent that prejudice to criminal liability, the military Committee, the Board of township-level military command bodies, held at the base, the Commander of the militia units to defend itself according to the powers to be devolved file Committee report, military commanders issued on directly to consider handling.

3. Officers, soldiers, organized, militia units to defend itself when violation of discipline, the law of the State not to prejudice criminal liability, when about units, depending on the nature and extent of the violation to the sanctions in the form of discipline is regulated in article 10 of this circular.

Article 9. Compensation liability of officers, soldiers, militia units organized self-defense violate discipline sanctioned; If the physical damage shall be based on the nature, extent, harmful effects, the consequences of violations of the right to compensation for damages under the provisions of the law.

Chapter II DISCIPLINARY FORMS, DEADLINES, sequence and the AUTHORITY to DISCIPLINE for OFFICERS, SOLDIERS and MILITIA ORGANIZATIONS DEFEND article 10. The form of discipline 1. Commanding officers for militia units to defend itself a) reprimand;

b) warning;

c) demoted;

d).

2. As for the self-defense militia soldiers a) reprimand;

b) warning;

c) deprived of the title of protection militia core.

3. for units, organized self-defense militias a) reprimand;

b) warning;

c) operations.

Article 11. The time limit for considering the deletion of discipline 1. Officers, self-defense militia soldiers be disciplined unless the soldiers stripped the title core self-defense militias, if more than 6 months for this form of reprimand, if too formal for 12 months or more from the date of caution decided to effect discipline without violating discipline , the disciplinary authority shall make a decision to delete the discipline.

2. Organize self-defense militia units, were disciplined, if more than 6 months for this form of reprimand, if too formal for 12 months or more from the date of caution decided to effect discipline without violating the discipline, the disciplinary authority the decision clear discipline; as for the form of suspended activity if the expiry of the suspension of works, the disciplinary authority decision to delete the discipline.

3. During the observance the disciplinary forms that continue violating the discipline that must handle, then consider deletion time discipline is calculated from the day the new disciplinary effect.

4. Officers, self-defense militia soldiers violated the discipline being disciplined from reprimand over, the Commander and personnel administration, self-defense militia soldiers must write to the records of officers, self-defense militia soldiers at all when the discipline was deleted.

Article 12. The sequences of the disciplinary proceeding 1. Officers, soldiers, organized, militia units to defend itself there is insufficient to write a self check out points, check out the previous point and recognized form of discipline.

2. The head of the Agency, organization, personnel management, unit soldiers, organized, militia units to defend itself from the U.S. team over to individual activities organization, the Organization of self-defense militia unit violated discipline review before the Agency collective, organization units. Report on the activities, review the conclusions clearly the content, nature and harmful effects, consequences, causes offence, the attitude after the breach and proposed voting form of discipline.


3. Before concluding, the Authority decided to discipline inspection and verification, to meet and listen to officers, soldiers, organized, militia units to defend itself have wrong opinions.

4. report of the level of party Committee, people's Social Committee, head of the Agency, organization, Committee, township-level military Board of military command authority, organized at the grassroots through.

5. Within 15 days of the disciplinary review activities organization, the decision-making authority to discipline in writing according to the provisions of article 10 of this circular.

6. The organization announced the decision to discipline, to the report and archive records in the unit.

Article 13. The disciplinary authority in respect of officers commanding the units, militia soldiers protection 1. The U.S. team captain, the captain, was right to rebuke the militia soldiers.

2. Lt. Captain self-defense militia, the Village Chief was right to rebuke the U.S. team captain, Captain, warning to self-defense militia soldiers.

3. Command-level military command Chief, Commander of the military Committee of the Agency, held in the facility, the company commander, Captain-Naval self-defense militia was right: a) rebuke to the captain, Captain;

b) warning to the U.S. team captain, Captain.

4. the battalion commander, squadron leader self-defense militia was right: a) rebuke to the company commander, Captain of the Navy, the politics of college teams, member self-defense militia Squadron;

b) warning to the militia captain.

5. the Chief of the district military command Board, Commander of the military Committee of the Agency, held at the base have company, battalion, Division, naval self-defense militia was right: a) rebuke to the company commander, Captain of the Navy, the politics of college teams, member self-defense militia Squadron; Battalion Commander, Squadron commander, battalion Member, Squadron Member where bodies, organizations have payrolls battalions, squadrons; Commander, senior political officer, township-level commander, senior political officer, held in Agency facilities;

b) warning to the militia captain.

6. The President of the people's Committee at district level to be right: from Office to the Chief of staff, political and military Committee level.

7. the Chief of the provincial military command, Chief of the naval command was right: a) warning to the battalion commander, Squadron commander, battalion Member, Squadron member self-defense militias, the political Commander, senior-level military commander, Commander Board Member, military commander of the Agency, held in the facility;

b) demote, dismiss to company commander.

8. the Commander of military region command, Commander of the capital Hanoi, the Commander of the Corps of the Navy was right to demote, dismiss to battalion commander, squadron leader, Member of the political staff, battalion militia Squadron.

Article 14. The disciplinary authority for the Organization, self-defense militia unit 1. Military Committee level, Ban military command bodies, held at the base are right: a) warning to the self-defense militias, Rural teams;

b) operations to the U.S. team.

2. the Commander of the military district level Committee was right: a) to Ban military command-level military command Board, Township organized in entities;

b) warning to the company of the militia to defend itself;

c) operations to self-defense militia platoon, detachment.

3. the Chief of the provincial military command was right: a) warning to the battalions, squadrons of self-defense militia, Ban military command level military command Board, Township organized in the facility;

b) operations to the company, the naval militias of self-defense;

4. Commander of military region command, Commander of the capital Hanoi, the Commander of the Corps of the Navy was right to suspend operations to battalion, naval self-defense militias.

Chapter III article 15 ENFORCEMENT TERMS. Effective enforcement of this circular are enforceable after 45 days from the date of signing.

Article 16. Organizing the implementation of The General staff, general political Department, the General Department, the regional military command, command of the capital Hanoi, the Naval Corps, ministries, Central People's Committee of the levels, the military commander of the central ministries, local military authority levels based on function duties and powers assigned direction, organization, implementation guide./.