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Law 43/2008/qh12: Self-Defense Militia

Original Language Title: Luật 43/2009/QH12: Dân quân tự vệ

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The LAW of self-defense militias _ _ _ _ _ pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 was revised, some additional articles by resolution No. 51/2001/QH10;
Congress enacted the law on self-defense militia, chapter I GENERAL PROVISIONS article 1. Scope this law stipulates the obligation to join self-defense militias; Organization, mission, operation of the self-defense militia; mode, the policy for self-defense militia and state management responsibility of self-defense militias.
Article 2. Application object 1. The population of Vietnam; agencies, organizations of Vietnam.
2. organizations, foreign individuals are resident and operating on the territory of the Socialist Republic of Vietnam are related to the Organization and operation of the self-defense militias.
Article 3. The location, the function of the self-defense militia force, self-defense forces is not mass production, the escapist; is part of the people's armed forces of the Socialist Republic Vietnam; is force protection, protect Government, protect the people's life, property, property of the State, core along the entire population hit the local aggressors, the basis when there is war. This force was organized in the communes, wards and towns (hereinafter referred to as the social level) called the militia; be held in State agencies, political organizations, social-political organizations, business units, economic organization (hereinafter referred to as the Agency) called self-defense.
Article 4. Militant self-defense component 1. Self defense militias composed of core self-defense militias and self-defense militias.
2. core self-defense militia include: a) self-defence militias maneuver;
b) self-defense militias in place;
c) self-defense militia artillery, air defense, engineering, reconnaissance, information, chemical, medical rooms.
Article 5. Explanation of terms In this law, the terms below are interpreted as follows: 1. core self-defense militia force consisting of the citizens in the age of national service to join self-defense militias, are selected to serve the term in militia units to defend themselves.
2. self-defence militias maneuver force in self defense forces militia is organized into core units ready to maneuver on duty on the order of authority.
3. self defense militias in place is in self-defense militia force core is organized and works in Hamlet, Hamlet, a wholesale, phum, care, population groups (hereinafter referred to as Hamlet) and in the agency mission organization in place, ready to reinforce the self-defence militias maneuver.
4. sea self-defense militia force in self-defense militia core hosted in the coastal Township, and township organs, organizations are active on the sea vehicles to do the task on the waters of Vietnam.
5. self-defense militia standing self-defense militia force is pivotal to permanent duty ready to fight in the key areas of Defense and security.
6. extensive self-defense militia force consisting of the citizens in the age of national service to join self-defense militias have to be registrations, manage to ready and mobilize forces expansion order of authority.
7. Expand the self-defense militia force are measures strengthen staffing, organizing self-defense militia forces to meet the defence mission requirements, security order of authority.
Article 6. Principles of organization, operation of the self-defense forces 1. Self-defense militia under the leadership of the Communist Party of Vietnam, the Lords of the State President, the management and administration of the Government which directly is the leadership, the Party Committee's direction, the local government levels; the unified command of the Minister of national defence and the direct command of the Chief of the local military authorities.
2. Organization and operation of the self-defense militia must comply with the Constitution and the law; based on a population, promote the synergy of the entire population and the political system to perform the task.
3. The organization, staffing of the self defense forces are based on the mission requirements of Defense, security, associated with the locality and the task of production units, the work; ensure convenience for directing, managing, commanding and consistent with socio-economic conditions of each locality.
Article 7. Monitoring of the implementation of the laws on self-defense militia 1. The National Assembly, the Parliament's authority, delegation of the National Assembly, representatives of Parliament, the Council, the Council of people's deputies in the scope of its powers, duties of monitoring the implementation of the laws on self-defense militias.
2. the Vietnam Fatherland Front and the Member organization is responsible for advocacy, mobilization of all people involved to build defensive militia; monitoring the activities of the self-defense militias.
Article 8. The Mission of the self-defense forces 1. Ready to fight, fight and fight served to protect the local basis; cooperation with the border guard unit, Navy, Coast Guard and other forces to protect the sovereignty, border security and national sovereignty, the right to sovereignty over the waters of Vietnam.
2. In collaboration with the people's army units, police and other forces involved in the construction of civil defence, the defence sector; preserving the political, security, social order and safety, protection of the party, the Government, the protection of life and property of the people, the property of the State.
3. Perform the task of prevention, remedial, disease, natural disasters, search and rescue, protection and forest fire prevention, environmental protection and other civil defense duties.
4. Advocacy, mobilization of the people, implementing the party's policies, the State's law on defense and security; building strong, comprehensive facility building and socio-economic development at the local, basis.
5. Study of politics, law, military training and rehearsal.
6. Perform other duties specified by law.
Article 9. The age of national service to join self-defense militias during the average male citizens from 18 to 45 years old, most female citizens from 18 to the end of 40 years old are obliged to join self-defense militias; If the volunteer self-defense militias then can to 50 years for men, up to 45 years for females.
Article 10. The time limit for performing the obligation involved inhabitants core self-defense army in time of peace 1. Execution time obligation to join the self-defense militia concentration is 4 years.
2. actual situation base, nature of tasks and task requests, the time limit for national service to join self-defense militias core may be extended for not more than 10 years, militant for self-defense and command militia units to defend itself can be extended, but not too the age stipulated in article 9 of this law.
3. the people's Committee Chairman granted the commune, the head of the Agency, the Organization decided to extend service to join self-defense militias core provisions in clause 2 of this Thing.
Article 11. Criteria and selection on self-defense militia core 1. Vietnam has enough citizens the following criteria are recruited into the self-defence militia core: a clear history);
b) good standing way, advocates, the party's policy, the laws of the State;
c) healthy enough service to join self-defense militias.
2. Who are eligible as defined in paragraph 1 of this article, have the ability to operate on the sea was discovered on sea self-defense militias.
3. Recruitment into the core self-defense militias are specified as follows: a) ensure publicity, democracy, fair;
b) annually, the district military commander, district, town, city in the province (hereinafter referred to as district level) and the Steering Committee to guide the social, Ban military command bodies, held in the base or defensive unit where there is no Ban on military commanders to plan and perform a selection of eligible citizens to self-defense militia core fit the local situation, demographics, socio-economic conditions and the duty of Defense and security at local, basis.
c) people's Committee Chairman granted the commune or the head of the Agency, the Organization decided to list the core self-defense militias.
4. the reservists have not arranged on the reserve units mobilized in self-defence militia units.
5. Minister of Defense detailing this.
Article 12. Deferment, remission, only ahead of time made the obligation involved inhabitants core self-defense army in time of peace 1. Postpone national service to join self-defense militias core in the following cases: a) pregnant women or small children adopted under 36 months of age;
b) Not healthy enough according to the conclusions of the medical establishment from town;
c) has a husband or wife are professional military personnel, officers, non-commissioned officers, soldiers are serving in the military or public security people;
d) single main labor in poor households;
DD) Who are studying in schools, professional secondary, vocational secondary, College, University, vocational college and Academy.
2. Exemption from national service to join self-defense militias core in the following cases: a) the wife or husband, son of the martyr; your wife or husband, son of wounded soldiers to a class or a class; your wife or husband, son of people infected with the Agent Orange/dioxin is no longer capable of labour;
b) reservists have been mobilized reserve units;
c) Who directly nurtured who lost labour power from 81% or over.
3. where the provisions in points c, d paragraph 1 and art. 2 of this, if the volunteer is deliberation on core self-defense militias.
4. core self-defense militia was only service before the deadline in the following cases: a) impaired health did not afford service to join self-defense militias core according to the conclusions of the medical establishment from town;
b) difficult family circumstances no unscheduled service conditions to join self-defense militias.
5. the people's Committee Chairman granted the commune, the head of the Agency, the Organization decided to postpone, long and only ahead of time made the obligation to join the self-defense militia core.
Article 13. Registration, management of self-defense militias 1. April each year, the Chairman of people's Committee of social level, the head of the Agency, the organization responsible for organizing the first registration for the citizens in the age of national service to join self-defense militias.
2. the Board, township-level military Board of military command authority, held in the base planning registered, self-defense militia management extensively.

3. core self-defense militias when absent in geographical, social agencies, organizations must report to the direct command to manage and mobilize when needed.
4. core self-defense militia change the place of residence or place of employment from 3 months or more must be reported to the Board of the social place of residence, the military commander of the Agency, held in the base or unit commander of self-defense where no Ban military commanders; to the place of residence or place of work must be registered with the social people's Committee, the Agency organized to perform the obligation to join self-defense militias.
Article 14. Complete the obligation involved inhabitants core self-defense army in time of peace 1. The complete citizens obliged to join self-defense militias are core people's Committee Chairman granted the commune, the head of the Agency, the Organization for certification of complete obligation to join the self-defense militia core.
2. Citizens have completed the obligation to join self-defense militias, but also in the core age stipulated in article 9 of this law, the move to spacious or self-defense militia was registered on reservists under the provisions of the law.
Article 15. The traditional date of the self defense forces 1. March of every year is the traditional Day of self-defense militias.
2. Minister of Defense guidance forms, the scale On celebrated tradition of self-defense militias.
3. the people's committees of all levels, the Organization, authority is responsible for directing, celebrated the traditional Day of self-defense militias.
Article 16. The prohibited acts 1. The Organization, training, use of illegal self-defense militias.
2. Evading national service to join self-defense militias core; oppose, hinder the Organization, training, operation of the self-defense militias.
3. Pretending to safeguard core militants.
4. Taking advantage of the prerogatives and powers of self-defense militia was given the benefit of State violations, rights, legitimate interests of agencies, organizations and individuals.
5. The production, sale, storage, use of weapons, explosives, tool support, technical means, costume, hat, Star badges of self-defense militias against the law.
6. Violations of other laws related to the Organization, the activities of the self-defense militias.
Chapter II Organization, STAFFING, EQUIPMENT, WEAPONS of SELF-DEFENSE MILITIA CORE article 17. Militant self-defense organization 1. Organize self-defense militia units are: a);
b) Squad, batteries;
c platoon);
d) Congress, the squadron;
DD) battalions, squadrons.
2. hold the base commanders include: a) Rural teams;
b) Ban military social;
c) Ban military command bodies, held at the base where organized self-defense forces, there are reserve officers and enlisted resources as prescribed by the law.
3. the military Committee, ministerial-level agencies, government agencies, Central Party Committee, Congressional offices, the Office of the President, the State Auditor, the Supreme People's Procuratorate, the Supreme People's Court, the Central Agency of social-political organizations, corporations and the State Corporation by the Prime establishment (hereinafter as the military Committee, the Central sector).
Article 18. The scale of the self-defense militia organization 1. The scale and organization of self-defense militias are specified as follows: a) the Hamlet held to, the minor teams, militia platoon in place;
b) social organization of militia platoon maneuver; on-demand tasks may be organized, the reconnaissance squadron, information, engineering, chemical defense, health. Social key on defense and security held in the permanent militia squad platoon maneuvers of militias. Coastal island Township, township-level organization of the U.S. team, the marine militia platoon;
c) Agency, the Organization organized Squad, platoon, company, battalion of self defense. The Agency held activities on the sea vehicles organized Squad, platoon, the Squadron, the squadron protection;
d) on the basis of the militia units to defend the provisions in points a, b and c of this paragraph, based on the mission requirements, districts can organize self-defense militia company maneuver, self-defense militia platoon, anti-aircraft artillery, militia platoon defending the permanent rotation. The province, central cities (hereafter referred to as the provincial level), can organize great team defense, self-defense militia artillery.
2. The Secretary of the Department of Defense regulation expanding the self-defense militia force.
Article 19. The Organization of self-defense in business 1. Base defense mission requirements, security, plans to build the self-defense militia force of local authority has granted approval; the fit on the scale of labour, organization of production, sales of the business with the Organization, the activities of the self-defense militias, authority specified in article 28 of this law to decide the establishment of self-defense units in the business.
2. The enterprise is not yet organized self-defense forces, the business owner or legal representative of the responsible business owners organized for employees of the enterprise service to join self-defense militias in local business activities.
3. Government detailing this.
Article 20. The basic positions of the self defense forces 1. Commander of the self-defense militia units are: a) the U.S. team captain, Captain;
b) platoon Chief;
c) Captain, member company; The Chief political officer, Squadron Squadron.
d) Battalion Commander, battalion staff; The squadron commander, Squadron member.
2. Military commanders at the base include: a) Hamlet captain;
b) Commander, senior political officer social;
c) Commander, Member of political Board of military command authority, held at the base.
3. Political Commander, senior military commander of the central ministries.
Article 21. Ban military-grade 1 Township. The Board consists of township-level military commander is a member of people's Social Committee; Vice Commander; Politics, politics is the Assistant Chief Officer. The number of command-level military Committee to Deputy commune due to government regulations.
2. The Board of the social functions and duties: a) advised grant Committee of the party, the people's Committee of social leadership, direction, run defense missions, military base; Register, citizens in the age management service to join self-defense militias, male citizens aged enlisted; recruit citizens to enlist, the management of reserve officers as specified by law;
b) build and implementation plan on military defense work in the facility; organization plan, training forces and militia activities; plans to build the village fight; Civil Defense plans and join other plans related to defense, security tasks in the facility;
c) presiding, in collaboration with departments, unions organized the defense, military under the leadership of Party committees at levels, steering committees, the same level and instruction, order, plan, guide of the superior military authorities;
d) in collaboration with departments, unions of propaganda, education, security for the armed forces and the people; held in reserve, militia members participated in building strong base, comprehensive policy of rearguard troops;
DD) Organization of training, education, politics, the law for the militia; militant commander duties specified in article 8 of this law;
e) registered organizations, management, preservation and use of weapons, armed militia units in the rights prescribed by law;
g) implementation plan to ensure the technical, logistics in place to meet the requirements of national defense, military duties;
h) Helps people's Committee of social inspection, summary, summarizing the work of the local military, defense, organization and activities of the militants in power.
Article 22. Ban military command bodies, held in the base 1. Ban military command bodies, held at the facility include the Commander's head or the Deputy of the head of the Agency, the Chief organization; Member, Deputy Commander, Assistant political officer part-time.
2. The Board of the Agency, held in the basis function, the following tasks: a) advised the Party Committee level, the head of the Agency, organization, leadership, directing the work of the military defense of the Agency, his organization; registration, protection management at the Agency, organization, the recruitment and management of the reserve force members under the direction of the local military authority; the task of the national defense education, security for staff, public servants and workers in agencies, organizations; a policy of military rearguard;
b) build and organize the implementation of the plan of the work, the military defense of the Agency, the Organization; plan the Organization of forces, training and operation of protection; the plan protects the Agency Organization; Civil Defense plan, the plan ensures the logistics, technical premises and join other plans related to defense, security tasks in the facility;
c) Help the head of the Agency, the organization implementing the activity plan of the defense, technical means and other facilities according to the norms of the State; Join build defensive zones, building strong foundations comprehensive, ready to meet the requirements of national defense duties, the local military headquarters;
d) Organization to build the force, training, political education, the law for protection; Commander safeguard duties specified in article 8 of this law;
DD) organization registration, management, preservation and use of weapons, armed self-defense units in the rights prescribed by law;
e) Help the head of the Agency, held preliminary check, the summation of the work of national defense, military organization and activity of self-defense in the right.
Article 23. The military Committee, the Central sector 1. The military Committee, consisting of the Central sector commander is the head or Deputy Head of the Ministry's central sector, Chief; Member, Deputy Commander, Assistant political officer part-time.
2. The Board of the military commander of the central departments have advised the party function, the Board of the party, the Party Committee of supply officer, the head of the Central Department of defense work of ministries; coordinate with Party committees at levels of local government, directing the work of defence, military and local militia to defend itself.

3. duties, powers, activities coordination mechanisms of the military Committee, the Central industry due to government regulations.
Article 24. Countryside team 1. Village chief of mission team and oversee the Organization of Defense, local military in the countryside; manage, direct command of militia.
2. Subject to the leadership of the Party Committee level, the direction, the direct command of the military Committee level and in collaboration with the Minister of public safety, and rural organizations, unions of the people performing the duties of defence and security in the countryside.
Article 25. Costumes, stars hats, badges and certificates of self-defense militia officer core, self-defense militia soldiers are allocated core, using costumes, stars hats, badges and certificates of militia core self-defense according to the regulations of the Government.
Article 26. The workplace and the equipment of the military social 1. Military command Board social headquarters or place of work.
2. Government regulations, standards and norms of the equipment of the workplace-level military commander.
Article 27. The seal of the Board 1. Military Committee level, Ban military command bodies, held at the base, the military commander of the central ministries used seals.
2. Government Regulation seal, seal carving, manage and use a seal prescribed in clause 1 of this article.
Article 28. Established, abolished the military Committee, the Central sector, held military command base and self-defense militia unit 1. The authority established the military Committee, the Central sector, held military command base and self-defense militia units are defined as follows: a) to the Minister of Defense decided to Ban the military commander of the central ministries;
b) Chief of the Vietnam people's Army decided to establish the company of anti-aircraft guns, self-defense militia artillery;
c), Commander of the military region commander, the Corps of the Navy, the Commander of the capital command decided to establish self-defense Brigade, the Squadron, flotilla, and self-defense militias self-defense Corps;
d) Fireteam command in Hanoi capital, Chief of the provincial military command Board decided to Ban military command level military command Board, township authorities, held in the facility; great self defense militias, self-defense militia platoon, battalion, platoon and artillery marine self-defense militia and militia units to defend permanent;
DD) Commander-level military Committee decided to set up villages, self-defense militia platoon maneuver, self-defense militia platoon, self-defense militia batteries of artillery, self-defense militia Brigade reconnaissance, information, engineering, chemical defense, health, self-defense militia Squadron and sea protection Squadron;
e) Commander-level military Committee decided to set up a nest Township, minor militias in place after reports the Board-level military command and people's Social Committee.
2. The authorized establishment decision then has the power to dissolve the Board, military commander of the Central sector, held military command base and militia units to defend itself.
Article 29. The authority to appoint officers to the military Committee, the Central sector, officials and military commanders and militia officer protection 1. The Minister of Defense decided to appoint officers to the military Committee, the Central sector as proposed by the Chief of the Vietnam people's army after the reunification with the head of the Central Department.
2. the Commander of military region, the Commander of the Corps of the Navy, the Commander of the capital command appointing officers battalion, the squadron's Commander of the provincial military command, Chief of the Corps of the Navy and the Chief of the capital Hanoi.
3. The Commander of the capital command, Chief of the provincial military command appointing officers the Board of military command authority, held in the facility; company officers, flotilla, under the proposal of the Commander of the military Committee at district level.
4. President of the district-level people's committees decided to appoint officials-level military Committee as proposed by the Chairman of the Township Committee level after reaching the Township with the Commander of the military Committee at district level.
5. Commander-level military Committee decided to appoint officers to the countryside team, Squad, platoon and a self-defense militia at the suggestion of Chief Military Commander Board social, Commander of the military Committee of the Agency, held in the facility or agency head's organizations where no military command Board.
6. Minister of Defense stipulates the Vietnam people's army officer commanding the militia units to defend core in case of need.
Article 30. Dismissing the officers commanding the military Committee, the Central sector, officials and military commanders and militia officer protection 1. Dismissing the officers commanding the military Committee, the Central sector, officials and military commanders and militia officers to defend themselves in the following cases: a) transfer;
b) When changing the organisation which no longer staffing the position are fulfilled;
c) are no longer eligible for and conditions of implementation of the current position.
2. the competent appointing officials would then have the right to decide on dismissal of it.
Article 31. Weapons, tools and technical means of self-defense militias 1. Self-defense militias are armed, support tools and technical means.
2. Installation of the registered mode, management, use of weapons, tools and technical means of self-defense militias under the provisions of the law.
Chapter III training, FOSTERING, training OFFICERS and MILITIA TRAINING CORE SELF-DEFENSE Article 32. Military officers training Directorate military-grade 1 Township. Commander and Vice Commander of the military command Board level achieve trained Township intermediate professional military industry base. The training level professional military industry base was done at the provincial level, the military training of the higher level at the school district level, school, Academy of the Ministry of Defense.
2. The Minister of defence standard rules, object, content, programs, training time and training regulations issued.
Article 33. Fostering training, self-defense militia officers 1. Fostering the focus of political, military, legal and professional services to be performed for the following objects: a) the officer commanding the military Committee, the Central sector, the military commander of the Agency, held in the facility;
b) officers are dedicated to the work of the local military, Defense;
c) Commander, Deputy Commander of military command Board social yet training level professional military industry base.
2. the annual training is done for the following objects: a) officer commanding military Committee agencies, held in the facility;
b) dedicated officers, Chief officers of defense work, local military authorities, the Organization;
c) officer commanding military Committee level town;
d) Village Chief;
DD) battalion officer, Squadron, Squadron, platoon, Squad, self-defense militia batteries.
3. Minister of defense program regulation, content, time and the basis of fostering, training militia officers.
Article 34. Militant self-defense training 1. Every year, self-defense militia core military training, political education, the law according to the Basic program of each object fits the mission and geographical activities.
2. the annual training periods are defined as follows: a) 15 days for the self-defense militia first year;
b) 12 days for self-defense militias maneuver, safeguard militant self-defense militia, sea/air, artillery, engineer, reconnaissance, information, health, chemistry;
c) 7 days for self-defense militias in place;
d) 60 days for militia duty.
3. Minister of defense program regulations, training content, material category ensures the training of self-defense militias.
Article 35. Training, fostering, training officers and militia training to defend itself in a State of emergency on the State of war, Defense Minister defense program regulation, content, time and training, fostering, training officers and militia training to defend itself in a State of emergency on defense , a State of war.
Article 36. The rehearsal, the contest, Sports Minister of Defense Regulations organizing the contest, rehearsals, self-defense militia sports annually or periodically.
Chapter IV WORKS of SELF-DEFENSE MILITIA CORE Article 37. Establish, approve the action plan 1. Military Committee level, Ban military command bodies, held in the basis of coordinated with relevant agencies set up, adjust, additional planning activities of self-defense militias belonging to rights under the direction of the President of the people's Committee at the same level, the head of the Agency , the Organization and the Commander of the military command Board of supervisor approval 2. The Minister of national defence, content regulation order established and approved work plans of self-defense militias.
Article 38. Combat readiness operation.
1. self-defense militia units to maintain operation modes according to the combat-ready status.
2. the people's Committee Chairman granted the commune, the head of the Agency, the organization responsible for the direction and the operational readiness of the militia in self-defence.
3. Minister of Defense mission rules, content, mode of operation of the self-defense forces in the combat readiness of the command and the level of militia work.
Article 39. Combat operations of the self-defense forces 1. Active content fight of self-defense militias include: a) the core building of the village fight and perform civil defence tasks prescribed by law;
b) in coordination with the main team, the local team and the other forces of the enemy advancing fire by hitting;
c) protects the room escape, evacuation of bodies, organizations and people; in collaboration with the police and other security forces, in order to base rearguard, the evacuation of the people and the economic and social basis in time of war;
d) independently or coordinated combat, combat service in the defense of the area under the command of the Commander of the superior military authorities directly;
DD) join to build, consolidate political basis in time of war and the core of people's political struggle together.

2. The President of the people's Committee, the head of the Agency, the organization responsible for ensuring the operations Director of the self-defense militia in the defence area.
Article 40. Border guard activities, the sea, the island of 1. Self-defense militias are responsible for coordination with the border guard, the Navy, Coast Guard, police and other forces assumed security situation, ready to do the task of protecting the sovereignty, border security and national sovereignty, the right to sovereignty over the waters of Vietnam.
2. Government Regulation coordination of self-defense militias with the active forces in border protection, sea, island.
Article 41. Active political, security, social safety and order 1. Self-defense militias are responsible for coordination with the public security people and other forces to grasp the situation, patrolling, guarding, protection, protect the goal production, political, security, social order and safety in the base.
2. Government Regulation coordination of self-defense militia forces active in the political, security, social order and safety in the base.
Article 42. People active and involved the construction of establishments 1. Self-defense militias are exemplary and responsible Executive to join advocacy, lobbying Executive way, people's advocate, the party's policy, the laws of the State.
2. self-defence militia units responsible for coordination with other forces to join the rally, the local movement to build strong foundations.
43 things. Active prevention, remedial, disease, natural disasters, search and rescue, protection and forest fire prevention, protection of the environment 1. Self-defense militias is a mainstay in place perform the task of prevention, disaster recovery, search and rescue, in the base according to the plan of the people's Committee; in coordination with other forces on the duty of protection and forest fire prevention, environmental protection and disease prevention.
2. Government Regulation coordination between militant self-defense with the Rangers and other forces in the protection and prevention of forest fires.
Article 44. The authority safeguard militant movement 1. In cases not yet to the extent declared state of war, a State of emergency on defense, a State of emergency but necessary to use self-defense militia, the authority which shall be as follows: a) the Minister of national defence, the Chief of the Vietnam people's Army mobilized in self-defence militias nationwide;
b) Commander of military region self-defense militia movement in the area of military region after reunification with the people's Committee Chairman granted the province where militants are self-defense;
c military commander) of the Navy sea self-defense militia movement after the unification with the Commander of military region, Chairman of the provincial people's Committee, the head of the Agency, held where the maritime self-defence militias maneuver;
d) Fireteam command Hanoi self-defense militia movement in Hanoi City after the consensus of the Committee Chairman of Hanoi people and Chief of the Vietnam people's army.
DD) Chief of the provincial military command of the militia movement to defend itself in provincial localities after the consensus of the people's Committee Chairman and provincial Commander of military region;
e) Commander-level military Committee to safeguard militant in geographical districts after the consensus of the people's Committee Chairman and Chief of the provincial military command;
g) command-level military command Chief and Commander of the military Committee of the Agency, held in the basis of self-defense militia movement under duty in the scope of the communes, the Agency, after the Organization of people's Committee Chairman granted the commune , the head of the Agency, the Organization and the Commander of the military Committee at district level.
2. in a State of war, a State of emergency on defense, State of emergency, the maneuver, using self defense made militia under the provisions of the law.
3. the people's Committee Chairman, heads of agencies, organizations where the militia self-defence operation must strictly executive decisions of the authority.
Chapter V mode, the POLICY for the PROTECTION of Article 45. Regime of liability management, Commander of the unit 1. Officer-level military Committee, military Committee of the central departments, the military command bodies, organized at the grassroots, the rural team and officers command the militia units to defend itself from the primary team, crew or over are entitled to allowance for responsible management, unit commander.
2. Government Regulation management responsibility allowance level, command of the militia units to defend itself.
Article 46. The mode wage, allowances for Board-level military commander Captain communes and villages 1. Salary mode for the command of the Chief command of the army in accordance with the implementation of the social legislation on public officials.
2. Deputy command-level military command Board enjoying Township monthly allowance regime; close and enjoy social insurance regime, health insurance as prescribed by law; the case of the continuous work time from full 60 months or over, if the holiday has a reason that is not yet eligible to retire, then support.
3. Officials-level military Committee has ongoing work time from full 60 months or more are entitled to seniority allowance.
4. Captain's Hamlet was entitled to a monthly allowance.
5. Government detailing this.
Article 47. Mode, the policy for the self-defense militia 1. Self-defense militias enjoy mode, the policy in the following cases: a) When being forced to do the tasks stipulated in article 8 of this law;
b) make decisions of the authority specified in article 44 of this law.
2. mode, policy toward the militia, except sea militia and militia duty, shall be as follows: a) subsidized workdays according to the level of the provincial people's Committee by the Council decision, the population at the same level but do not lower the coefficient of the general minimum wage 0.08; If on duty from 22 hours to 12 hours, or where there is danger, toxic elements, then enjoy the mode according to the provisions of the labor code;
b) When on duty away from home, with no conditions to go about daily, then be arranged for media support, accommodation, travel expenses or the payment of vehicle passes, about; supported money eating according to the level due to the provincial people's Committee of the Council decision, the population at the same level.
3. Self Defense, self defense except the sea, be paid the salary resources, benefits, allowances and money train car, according to the current mode.
4. level the decision to maneuver defensive militia duty then secured mode, as defined in this policy.
5. core militants has completed the obligation involved inhabitants County of self-defense, if continued to be long term participants perform the obligation in addition to the mode according to the General rules, when mobilization mission support on labour increased. Allowance increased by provincial people's Committee of the Council decision, the population at the same level but not 0.04 coefficient lower than the minimum wage.
Article 48. Mode, the policy for the protection of the Sea 1. The marine self-defense militia training, security guard duty order, searching, rescue the mode, the following policy: a) on subsidized militant labour, pension levels not lower coefficient of 0.12 General minimum wage; food assistance as the Navy soldiers on a ship moored at the base;
b) protection is paid a wage, welfare resources, road allowances and money train car, according to the current mode.
2. sea self-defense militias during the mission involved the protection of sovereignty, the right to sovereignty over the waters, the island enjoyed the mode, the policy due to government regulations.
Article 49. Mode, the policy for the militia standing 1. The permanent militia was on the labor pension not lower coefficient of 0.08 general minimum wage, where to eat, stay.
2. core militants has completed the obligation to join self-defense militias, which have at least 12 months permanent militia duty are exempt from performing military service active and supported as follows: a) 1 month's minimum wage for the General case from 12 months to 18 months enough;
b) 2, the general minimum wage for the event from 24 months to 18 months enough;
c) 3, the general minimum wage for the event from 24 months or more full.
Article 50. Postponed the implementation of the labor contract in time to do the task of defending the main body 1. Officials and soldiers to defend itself are working under employment contract at the Agency, held during the focused duties specified in article 8 of this law shall be postponed the implementation of the labor contract.
2. The postponed implementation of the labor contract is applied according to the provisions of the labour legislation.
Article 51. Mode, the policy for self-defense militia was ill, accident, death, injuries, sacrifice 1. Officers, self-defense militia soldiers were sick, accident, was hurt while performing the duties specified in article 8 of this law; If you haven't joined the medical insurance paid the doctor, healing. Case of duty stipulated in clause 4, 5 and 6 of this Law article 8, if the accident degrade the ability of labor according to the conclusions of the Board of medical examiners is considering subsidies depending on the degree of deterioration of labour; If the die support productivity and money, money buried.
2. Officers, self-defense militia soldiers doing the tasks specified in the paragraph 1, 2 and 3 article 8 of this law and the implementation of decisions of the authority specified in article 44 of this law, if the injury is entitled to review the policy as invalids; If sacrifices are recognized as martyrs under the provisions of the law.
3. Government regulation of conditions, procedures, records, funds and the Agency is responsible for ensuring the regime, the basis for officers, self-defense militia soldiers stipulated in this article.
Chapter VI FUNDING Sure 52. Funding source 1. The funding for the Organization, training, operations and policy, mode of self-defense militias by State budget guarantees, are arranged annually in accordance with the law on the State budget.

2. Expenditure by the guarantee business for service workers to join self-defense militias prescribed in clause 1 and clause 2 of article 19 of this Law, this budget is calculated into expenses to be deducted when determining the taxable income of the business.
3. other sources of legitimate income.
4. Government detailing this.
Article 53. The mission branch of the Ministry of defence 1. On the support of labor, money and the costs for the operation of the self-defense militia was mobilized, deployed on duty under the authority of the Minister of national defence, the Chief of the Vietnam people's army, the Commander of military region, the Commander of the Corps.
2. Ensure the Organization Mission, fostering the knowledge of national defense, military, training, coaching, competition, sports, exercise and the annual activity of self-defense militia led by the Defense Department, the Joint Chiefs of staff, army, Corps Organization.
3. Secure the weapons, vehicles and engineering equipment by basic payroll for self-defense militias; stores support tool to give self-defense militia when required.
4. model stuff school production, training material, why hats, badges self-defense militias, token, specialized classroom equipment of the local military in the provincial military school, model costumes; printing books, certificates, forms, registration statistics.
5. the compilation and printing of the program, curriculum, training materials, training, scientific research and information specialist, local military defence; officer training command-level military Committee at township level school district, the school, the Academy of the Ministry of Defense.
6. the modelling of self-defense militia, the village fight; building strong foundations for comprehensive military defense; the rehearsal because the Department of Defense, Joint Chiefs of staff, army, Corps Organization.
7. Secure the information activities of propaganda; On the traditional activities of self-defense militia led by the Defense Department, the Joint Chiefs of staff, army, Corps Organization.
8. Costs for management, self-defense militia to protect the work of Defense and military zones in the area.
9. Test, inspection, complaint resolution, report, summary, summarizing, reward, handle violation under the jurisdiction of the Ministry of defence, the military districts, the Corps of self-defense militias.
10. Other expenses for the militia to defend itself in accordance with the law.
Article 54. The local branch of the mission 1. The local branch of the mission include: a) secured funding for the registration, management, organization, training, self-defense militia activity and propaganda under the laws on self-defense militia;
b) ensure allowances for staff-level military Committee, military Committee agencies, grassroots organization, the captain and the officers commanding units of the militia in self-defence;
c) Conference, fostering professional training, knowledge of national defense, security for self-defense militia officer;
d) staff training on Board the social level military commander;
DD) on labour support, food and other costs for the operation of the self-defense militia was mobilized, deployed on duty under the authority of the Chief of the provincial military command, command-level military Committee to Ban social level military commander;
e) ensures a permanent militia units; internal mode, the permanent militia soldiers;
g) procurement officer's uniform, core militants under the provisions of the law;
h) secure mode, the policy for the militia to defend itself according to the provisions of article 51 of this law;
I) guaranteed for the preferential policy of self-defense militia when on duty in the region particularly hard under the provisions of the law;
k) ensure the facilities for making the task of fostering the knowledge of national defense, military, training, coaching, competition, sports, exercise, advocacy, information activities on the tradition of self-defense militias by local organizations;
l) transport, repairs, maintenance equipment, armament, weapons manufacturing investment made, shopping tools and essential means to equip the militia self-defence consistent with the requirements of the mission;
m) construction, repair depots, fighting works; the residence of the permanent militia; the headquarters or place of work of Board-level military town;
n) test, inspection, complaint resolution, report, summary, summarizing, reward, processed in breach of authority on the work of self-defense militias.
o) other expenses for the militia to defend itself in accordance with the law;
2. provincial people Council decided the specific task hierarchy for each level of local budgets.
Article 55. The mission branch of the Agency, held 1. The Agency's task organization, including: a) the registration, management, organization, training, self-defense units operating in the right; propagation law of self-defense militias;
b) organized the Conference, fostering professional training, knowledge of national defense, military for protection officers;
c) guaranteed salaries, benefits, allowances and money train car, according to the current mode for Defense mobilization, which served under the authority or the workers in unorganized business protection service in self-defense militias involved locally;
d) stores the officer's uniform, soldiers defend core;
DD) ensure the facilities for making the task of fostering the knowledge of national defense, military, training, coaching, competition, sports, exercise, running the information On activities, advocacy of self-defense militia tradition in agencies, organizations;
e) procurement, repair, maintenance support tool for self defense at the request of missions;
g) active plan of protection in the area of Defense and defense missions;
I) other expenses for the militia to defend itself in accordance with the law;
2. The central sector, ensure accountability and operational allowances for the military commander of the central departments in accordance with the law.
Article 56. Estimating, Executive and annual budget settlement, the Ministry of defence, The Commander of military region, The Commander of the Corps, command of the capital Hanoi, the military command of the province, the military districts, the military command level military command Board, Township, the Central sector , Ban military command bodies, held at the base are responsible for estimating, budget settlement and executive training, operation and secured mode, the policy of self-defense militias belonging to the authority as prescribed by law.
Chapter VII ADMINISTRATION of SELF-DEFENSE MILITIA Article 57. State management of self-defense militias 1. The unified Government to manage state on self-defense militia in nationwide 2. The Ministry of defence is responsible before the Government implement state management of self-defense militias.
3. the people's committees of all levels, within the scope of its powers, duties, perform the State management of the local self-defense militias.
Article 58. The responsibility of the Department of Defense, military agencies and levels of military command level.
1. The Ministry of defence is responsible for the following: a) The Government issued and enacted the legal text of the militia to defend itself according to the competent;
b) propaganda, popular, education and organizing the implementation of laws on self-defense militia;
c) presiding, in coordination with the ministries concerned to build strategic, planning, planning, policy, project organization, construction, training, coaching, training, operations, management and scientific research about military self-defense militias;
d) decided to focus on defense, social security and Government regulations;
DD) Organization, inspection instructions, inspection, summary, summary, done the work competition rewarded; complaints, accusations, handled violated the laws on self-defense militia;
e) made international cooperation about self-defense militias.
2. Chiefs coordinated with agencies, units of the Defense counsels, help the Defense Minister made the governance of self-defense militias.
3. Regional military command has the responsibility to help the Defense Department made the governance of self-defense militias within areas of military region, the people's committees guide the content level, oversee the measures of self-defense militias.
4. The capital Hanoi, The provincial military commander, the military districts, the military commander responsible township level, in collaboration with the authorities of the people's Committee at the same level to help the organization implement state management of the local self-defense militias.
Article 59. The responsibilities of the ministries 1. The Ministry of public security, in coordination with the Ministry of defence to steer, guide and coordinate the activities of national security, maintain social order and security, between the police and the local self-defense militias, basis.
2. Ministry of planning and investment, Ministry of finance, the Ministry of defence budget spent on disposition of investment construction according to the provisions of this law and the law on the State budget.
3. The Ministry of finance, in cooperation with the Ministry of planning and investment, Ministry of defence, the Ministry of labor, invalids and Social Affairs Guide to estimating, Executive and State budget settlement for the Organization, training, operations and policy, mode of self-defense militias under the provisions of the law on the State budget.
4. The Ministry of the Interior, in coordination with the Department of Defense directed, local guide, ministries, agencies and organizations in the implementation of planning, training, fostering social level military Committee; implementation mode, internal policies Ban social level military commander, the military commander of the central ministries, departments and agencies military, held at the base.
5. The Ministry of labour, invalids and Social Affairs, in collaboration with the Department of Defense instructions, ministries, agencies, institutions, policy regimes for the militia to defend itself in accordance with the law.
6. The Ministry of education and training, in collaboration with the Department of Defense issued the framework program training level professional, College, University, military industry; construction planning, coordination of planning, training, fostering scheme for self-defense militia officers under the provisions of the Education Act and the other provisions of the relevant laws.
7. The ministries and agencies, held in Central, in the scope of its powers, duties, in cooperation with the Department of Defense:

a) issued or the authority issued the legal text in order to make the task of building the self-defense militia force under the provisions of the law;
b) direction, implementation planning, planning of the State militia on work protection in time of peace, war according to assigned tasks;
c) combines the construction, operational training of self-defense militias tied to political missions undertaken in the planning, planning of ministries, agencies and organizations.
Article 60. The responsibility of the people's Committee of the level 1. The Council approved the decision, the same level of planning, planning, project organization, operation mode, the policy for the self-defense militia and estimation of incomes and expenses budget guarantee for self-defense militias.
2. Directing and organizing the implementation of laws on the local self-defense militias; enact text directs construction of self-defense militia forces under the authority.
3. Directs the Organization, training, coaching, self-defense militia activity; enforcement of the measure mobilized, using self-defense militia perform the task; directing the management and inspection of transport, use of weapons, explosives of self-defense militias; ensure logistics, finance, policy, regimes for the militia to defend itself in accordance with the law.
4. The Organization made the decision to extend the self-defense militia force of authority; in coordination with the Defense Inspector inspected the implementation of the laws on self-defense militia; check, complaints, accusations and handle breach of the laws on self-defense militias.
5. the preliminary organization, review and implement the emulation, the rewards of the work of militants.
Article 61. The responsibility of the head of the Agency, held 1. Organizations make the direction of the authority in accordance with the law of self-defense militias.
2. Directs the implementation and construction organization plan, training, operation of the self-defense units in core rights under the direction, guidance of the local military authorities.
3. Secure the funding, facilities and means for the implementation of the tasks of the Organization, training, operation of the self-defense Agency, core held.
4. The Organization made the decision to extend the self-defense militia force of authority; in coordination with the Defense Inspector inspected the implementation of the laws on self-defense militia; check, preliminary, review and implement the emulation, the rewards of self defense militias work in agencies, organizations.
5. Coordinate with Party committees at levels, local authorities in organizing, training, operation and secure mode, policy for self-defense militias.
Chapter VIII REWARDED and HANDLE breach of article 62. Merit 1. Officers, soldiers, militia units to defend itself have achievements in performing the task; the Agency, organization, individual achievement in the Organization and operation of the self-defense militia shall be rewarded according to the provisions of the law on competition, reward.
2. military authority levels, Ban military command levels, Ban military command bodies, held at the base, the military commander of the Central Department, in collaboration with the Agency, rewarded the same level of organization to perform the emulation, rewarded in self-defense militia under the leadership , the direction of the Party Committee of supply, local government or the head of Agency, organization and leadership, management of military institutions.
3. The organization movement WINS decision in self-defense militias associated with the movement of the local bodies, the organization.
4. The Minister of defence, in coordination with the Minister of Interior to emulate the work instructions, rewarded in the militia to defend itself in accordance with the law.
Article 63. Handle violation 1. Agencies, organizations, individuals, against acts impedes the Organization, operation of the self-defense militias, violates the provisions of the law on self-defense militia, then depending on the nature and extent of the violation that was disciplined, the administrative sanction or prejudice to criminal responsibility.
2. Officers, self-defense militia soldiers while on duty in violation of discipline, breaking the law, then, depending on the nature and extent of the violation that was disciplined, the administrative sanction or prejudice criminal liability; If the damage is compensated according to the provisions of the law.
3. core self-defense militias temporarily not done obliged to join self-defense militias when the prosecution, detention, detention; If the penalty to imprisonment shall be deprived of the title, of course, self-defense militia core since the judgment of the Court of law.
Article 64. This form of discipline 1. As for the self-defense militia soldiers, when on duty if the violation of the provisions of this law or the provisions of the relevant law shall apply one of the following discipline form: a) reprimand;
b) warning;
c) deprived of the title of protection militia core.
2. for self-defense militia officer, when on duty if the violation of the provisions of this law or the provisions of the relevant law shall apply one of the following discipline form: a) reprimand;
b) warning;
c) demoted;
d).
3. To organize self-defense militias, if violating the provisions of this law or the provisions of the relevant law shall apply one of the following discipline form: a) reprimand;
b) warning;
c) operations.
4. Minister of Defense regulations adopting the form of discipline, deadlines, sequence and disciplinary authority for officers, soldiers and militant self-defense organization has violated when on duty.
Chapter IX TERMS of ENFORCEMENT of Article 65. Effect 1. This Act has effect from 1 July 2010.
2. the Ordinance on self-defense militia No. 19/2004/PL-UBTVQH11 expire from the date this law takes effect.
Article 66. Detailing and guiding the implementation of government regulations and detailed guidelines for implementing the article, account assigned in law; Guide to the essential content of this law in order to meet the requirements of governance.
This law was the National Assembly of the Socialist Republic of Vietnam XII, session 6 through November 2009.