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The Decree 39/cp: Detailing And Guiding The Implementation Of Some Articles Of The Ordinance On Reserve Mobilization

Original Language Title: Nghị định 39/CP: Quy định chi tiết và hướng dẫn thi hành một số điều của Pháp lệnh về lực lượng dự bị động viên

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GOVERNMENT DECREE detailing on guiding the implementation of some articles of the Ordinance on reserve mobilization base GOVERNMENT Government Organization Law on September 30, 1992;
Basing the Ordinance on reserve mobilization on August 27, 1996;
According to the recommendation of the Minister of national defence, the DECREE: chapter I PLAN to BUILD and MOBILIZE RESERVE MOBILIZATION article 1. Ministries, ministerial agencies, government agencies (hereafter referred to collectively as ministries), the provinces and cities under central Government (hereinafter referred to as the Department) have the task of building and mobilizing reserve semi-permanent or forces are tasked to ensure logistics, technical, financial and equipment for building and mobilizing reserve forces mobilization planning must be done. This plan known as plan to build and mobilize reserve mobilization.
Article 2. Specific responsibilities of the ministries, of the provinces in the construction planning and mobilization of reserve force members are defined as follows: 1. The Defense: a) to base reserve needs need to mobilize to supplement the permanent forces of the army during the war The Ministry of defence, together with the Ministry of planning and investment, the plan State on building and mobilizing reserve mobilization and ensure mission logistics, technical, financial and equipment for building and mobilizing reserve mobilization in nationwide and the distribution criteria for The , the industry, the province to the Prime Minister's decision.
b) based on the decision of the Prime Minister, the Defense joined comments with the ministries and the province in the planning of the building and mobilizing reserve mobilization.
c) every year, the Ministry of defence training planning, rehearsal, check the reserve mobilization, the General Procedures the Government decision.
d) Ministry of Defense along with the Ministry of planning and investment guide the planning said in article 3, article 4 of this Decree.
DD) Defense Ministry directed the permanent unit of the army planning to build and mobilize reserve mobilization.
2. The Ministry of finance is responsible for guiding policy regimes and financial guarantee mechanism for building and mobilizing reserve mobilization.
3. The other ministries are responsible for planning ensure the relevant section in the building and mobilizing reserve mobilization.
4. the people's committees of provinces and ministries are tasked to build and mobilize the reserve forces or has the duty to ensure the building and mobilizing reserve officers in addition to the planning of the levels themselves have to steer under the construction planning and mobilization of reserve officers.
Article 3. Plans to build the reserve force members include the following: 1. The organization of reserve units mobilized;
2. The management of the reserve units mobilized;
3. Coach, exercise, check the reserve units mobilized; reserve officer training, professional soldier, non-commissioned officers, reserve soldiers;
4. Secure the weapons, equipment and logistics, technical and financing for the construction of the reserve units mobilized;
5. The work of the party, the political work in the construction of the reserve units mobilized;
Article 4. Plans to mobilize reserve mobilization including the following: 1. The notice of decision, order;
2. General Files, shipping, forwarding the reserve units mobilized;
3. Secure the weapons, equipment, logistics, engineering and finance for the mobilization of reserve units mobilized;
4. Protection in the process of mobilizing reserve units mobilized;
5. The work of the party, the political work in the process of mobilizing reserve units mobilized;
6. operating the mobilization command reserve mobilization.
Article 5. Every year, each level must review the content plan to build and mobilize reserve mobilization to supplement or amend accordingly.
The case has major changes about the task of building, mobilization of reserve force members to the new plan.
Construction planning and mobilization of reserve forces of the district, County, city, town in the province (hereinafter referred to as the district) approved by the province; the plan of the base unit of the Ministry, by the Minister of industry, heads the industry approved; the plan of the army units approved by the supervisor.
 
CHAPTER II ARRANGE RESERVISTS and TECHNICAL MEANS to RESERVE UNITS MOBILIZED article 6. The principle of arranging reservists on reserve mobilization units: 1. Arrange the professional qualified military and technical expertise consistent with payroll titles, if lacking the sort of professional qualified vocational rehabilitation counselor, the respective technical expertise;
2. Arrange a class reserve population before the troops, if missing then arrange two reservists;
3. Arrange the reserve army shelter near each other on each unit.
Article 7. The sorts of the reserve officer in a reserve unit to perform pursuant to the law on officers of the Vietnam people's army and the other legal texts concerned.
Article 8. Vịêc arrange professional soldier, non-commissioned officers, reserve soldiers on active reserve units are defined as follows: 1. Arrange on the units fighting the female reservists Group A and some reservists have technical expertise in Group B;
2. Arrange on the secured unit fighting in the armed services, the army, the local team the men reservists Group A, Group B (Group A) and some female reservists Group A in the appropriate position;
3. Arrange on the logistics, technical unit of the Ministry of defence, the military districts, Corps, military, army, military command of the province of the female reservists Group A, Group B (Group B) and some female reservists Group A in the appropriate position;
4. The arrangements to the local military authorities, the regional military authorities, military, army, army, Department of defense agencies and the school the female reservists Group B and some female reservists in the appropriate location.
5. Arrange the professional units of the reserve due to the ministries, the provinces held the female reservists Group A, Group B and some female reservists in the appropriate location.
Article 9. Technical means are arranged on the reserve units mobilized must have features and effects of technical standards consistent with the requirement to use in each case, army units do not have the technical means to meet the requirements to use the technical means are arranged respectively.
Article 10. Reservists and technical means are arranged on the reserve units mobilized must have appropriate backup rate under the guidance of the Ministry of defence.
Article 11. Responsible for arranging reservists, technical means into reserve units mobilized as follows: 1. the people's Committee of the district arranges the reservists, the technical means for the local team units, which are the main team and professional reserve units are organized to build traffic. The people's Committee of the district people's Committee directed the implementation of the aforementioned duties and arrange the reserve officers, according to the authority.
2. The ministries are tasked to build specialized units of the reserve unit in the steering arrangements reservists, technical means into reserve units mobilized and informed the military authorities of the district where the reservists, technical media have registered.

3. The Permanent unit of the army in coordination with military authorities in the province, the district arranges reservists, technical means into reserve units mobilized by themselves are welcome.
 
CHAPTER III ANNOUNCED The DECISION To MOBILIZE RESERVE MOBILIZATION COMMAND MOBILIZATION; FOCUS, transport, forwarding RESERVE MOBILIZATION article 12. The decision to mobilize, reserve mobilization command officers must be informed on time, accurate and confidential. The announcement was carried simultaneously by the administrative system from central to the base and from the Department of Defense to the military authority levels, regular units of the army.
Article 13. The responsibility to announce decision on mobilization and reserve mobilization command members are defined as follows: Office of the Government announcement of the Prime Minister's mobilization to the ministries, the provincial people's Committee.
The Department of Defense announced the order to mobilize reserve units of the Secretary of Defense to the ministries, the provincial people's Committee, the subdivisions directly and direct the order message to the local military authorities, the army's base unit.
The ministries announcement of mobilization the reserve force of Ministers, heads of departments to the subdivisions directly and steer the decision mobilized to the base unit.
The people's committees of the province announced the decision to mobilize the reserve forces of the committees to the Chairman of the district people's Committee and the departments, sectors, unions are involved in. The military authorities announced the order to mobilize reserve units of the military commander and the command to call the reserve officer's superior enlistment to military agencies of the district.
The district people's Committee announced the decision to mobilize the reserve forces of the district people's Committee Chairman to the Committee on a people's communes, wards and towns (hereafter referred to collectively as the commune), the rooms, departments, relevant unions and political organizations, economic organization , social organization ... has the duty to mobilize reserve mobilization. Military district agency announced the decision to mobilize the technical means of the Chairman of the district people's Committee, notice the call to enlist in the reserve of officers and non-commissioned officers call notification, reserve enlisted soldiers of the Commander of the military district of the people's Committee of the commune , political institutions, economic organizations, civil society organizations ... of the district.
Communal people's committees, political institutions, economic organizations, civil society organizations ... are responsible for transferring the decision to mobilize the technical means of the Chairman of the district people's Committee to each technical and media owners to transfer the call to enlist of superior to reservists.
The local military authorities and the permanent unit of the army had the task of delivery reserve mobilization must inform each other.
Article 14. The time limit for completion of the notification and mobilization command decision to mobilize reserves mobilization identified in the plan of mobilization the reserve force members in each level have been approved.
Article 15. The focus, transport, forwarding reserve mobilization must ensure sufficient quantity, right quality, right time, right place following a decision to mobilize or order and ensure safety.
Article 16. Responsible for focus, transport, forwarding reserve officers shall be as follows: 1. the commune people's Committee focused reservists were ordered to mobilize local and district substation General file transfer to delivery. The Organization, individuals with technical means are mobilized to bring convenience to the focus of the district to hand over.
2. the people's Committee of the District of the U.S. army reserve population concentration, technical means are mobilized, transported to the location specified to hand over to the regular units of the army. For professional units of the reserve due to the construction of local focus, shipped, delivered by the provincial people's Committee responsible for implementation.
3. The base units of the ministries responsible for the army reserve population concentration, technical means are mobilized and transported to the location specified to hand over to the regular units of the army.
4. The Permanent unit of the army is responsible for relaying the reservists, technical means of delivery.
5. local and military units responsible for coordinating security in the gift of concentration, transport and Logistics reserve officers.
Article 17. The Minister of national defence specific guidelines the decision mobilized and ordered to mobilize, focus, transport, forwarding reserve mobilization.
 
CHAPTER IV HUMAN RESOURCES MOBILIZATION and the MEDIA SERVES to BUILD and MOBILIZE RESERVE MOBILIZATION Article 18. Manpower and means are mobilized to serve the building and mobilization of reserve officers as specified in clause 5 and clause 2 article 14 article 19 of the Ordinance to be used on long-range missions: 1. to cater for the training, exercise, check the reserve units mobilized in time of peace;
2. Announcement of the mobilization order, reserve force members;
3. Serve the sessions focus reservists, local technical means;
4. reserve transportation to points of delivery;
5. Transport of weapons, equipment, material and ... to secure the local guard unit to receive reserve mobilization;
6. Serve in reserve units were mobilized in the case prescribed in clause 2 Article 17 of the Ordinance;
7. Other tasks related to the building and mobilizing reserve mobilization.
Article 19. The means are mobilized to serve the building and mobilizing reserve officers including means of communication, means of transport and the type of facilities required.
Mobilizing media owners must hand over all the users vehicles (if any).
Article 20. Chairman of people's Committee of the levels are planning to mobilize manpower and facilities to cater for the building and mobilization of reserve forces of his local. The plan of the President of the people's Committee of the town by the Chairman of the district people's Committee approval, the plan of the district people's Committee Chairman by the President of the people's Committee for approval.
Article 21. Mobilization authority: 1. The Chairman of the provincial people's Committee, Chairman of the district people's Committee was right to mobilize manpower and means of individual organizations in their local, time mobilized each for seven long days.
2. The President of the people's Committee was right to mobilize manpower and facilities of institutions and individuals in their local, time mobilized each for three long days.
3. where necessary, to mobilize manpower and facilities outside the approved plan, the Chairman of the district people's Committee, Chairman of the people's commune Committee must seek permission granted on directly and can only be raised when granted on consent.
 
Chapter V POLICY REGIME, funding SECURED to BUILD and MOBILIZE RESERVE MOBILIZATION section I the POLICY REGIME for RESERVE MOBILIZATION Article 22. The Minister of Defense regulations the reservists serving in command of the reserve units mobilized scale equivalent organization from the U.S. team to the Regiment, was entitled to a management responsibility allowances unit said in article 25 of the Ordinance.

This only make allowances for those who have decided to appoint the following provisions and in time they service it.
Article 23. During training exercises, concentration, motivation, readiness test ready war, reservists enjoy policy mode as follows: 1. On salaries and allowances: a) reservists are paid from the State budget Agency, work units pay salaries and allowances resources , grants, benefits, allowances and money train cars according to the current mode for workers, employees on a business trip. Agencies, units are paid from funds are secured by that budget resources.
b) reservists in the other subjects were military orders issued a wage allowances by rank of the rank of officers, professional military personnel, or by the level of allowances according to the rank of commissioned officer ranks, soldiers; granted the money to ship the car and road allowances such as for military personnel in five.
2. borrow or lend military sites, are some of the gadgets and dining coverage under the current regime for professional military personnel, officers, non-commissioned officers, soldiers in the army.
3. the reserve officer's family have served in the past, the family of professional military personnel and families of reserve non-commissioned officers, soldiers attend a class is over serve active are entitled to a grant is as follows: a) reservists are not entitled to wages, wages subsidized family each day by the 0.1 factor compared to the minimum wage;
b) reservists are entitled to salary, wages subsidized family each day by the coefficient of 0.05 compared to the minimum wage.
4. Reservists in an obligation to make public, the labor time to focus the time labor, public interest obligations. If the time focused on the more time the obligation of public utility workers themselves shall be deducted on the following year.
5. Reservists working in the Agency, if the units are on vacation years that focuses on the call are allowed to rest off next or are on holiday next to the appropriate time.
If the above focus time coincides with the time lifting the quadratic term or contest, contest ends in professional courses and certified workplaces where learning the military personnel attend bi be postponed to focus it.
6. Reservists if injured, sick or dead are joining social insurance, health insurance, then enjoy the social security regime, health insurance under the current rules. Reservists have not participated in social insurance, health insurance, the State grants. Reservists if injured or sacrifice that is confirmed as injured soldiers then yourself and your family to enjoy the preferential policy regime for people under current rules. The Ministry of labor, invalids and Social Affairs, the Ministry of finance, the Ministry of health, the Ministry of defence guidelines make the policy mode on.
7. Reservists have been rewarded the achievement under current rules and that achievements in the area of emulation in the base unit.
Article 24. Reservists are mobilized in the case prescribed in clause 2 Article 18 of the Ordinance during the mission entitled a policy regime as military population of active, while themselves reservists are entitled to add a combat level as allowances allowances for military personnel in active duty standing ready to fight. The Department of Defense guidelines this policy regimes.
Article 25. The mobilization comes in service training, rehearsal, check the ready near the action, ready to fight and who are mobilizing to go serve the task of mobilizing reserve officers mentioned in clause 2 Article 17 of Ordinance entitled the policy regime for people are mobilized to work in labor, public interest obligations in the event of an emergency.
Article 26. The media were directly involved in training, maneuvers, test ready encouragement, ready to fight; the means to be mobilized in the case specified in clause 2 Article 17 of Ordinance and means to mobilize for the mission said on State media owners, then pay repair costs (if the media is damaged), compensated the damage (if the media is lost) and was offset in part by itself profitable value means working out in time time to mobilize. The payment of the expenses on due to the Ministry of finance, the Department of Defense guidelines. 
CATEGORY II FUNDING SECURED to BUILD and MOBILIZE RESERVE MOBILIZATION article 27. The central State budget levels for the Department of Defense spent on the task of building and mobilizing reserve officers include the following: 1. Trained, rehearse, check the reserve mobilization Department of the main team;
2. building equipped with means for headquarters units, the receiving station for reservists receiving stations, technical means and guarantee for the concentration camp trained reserve unit of the home team player;
3. reserve means, materialism imager for reserve officers in the main team;
4. Compensation for damages and other costs due to the use of military units to direct coaching, check out combat ready in time of peace;
5. Article, featured, buying and requisitioning additional technical means for the military;
6. reserve military equipment for the entire reserve mobilization within the country;
7. Allowances for reserve units mobilized as defined in article 25 of the Ordinance;
8. encourage training, printing books, forms, secure physical equipment serving for construction and mobilizing reserve forces members;
9. For other related work.
Article 28. The central State budget levels for the ministries for the mission building and mobilizing reserve officers include the following: 1. work organisation, management of the reserve units mobilized to be delivered;
2. pay the salaries and allowances for reservists under the provisions of paragraph 1a to article 23 of this Decree;
3. Training, rehearsal, testing professional preparation unit was tasked with building;
4. Mobilize, handing the reserve units for the army's permanent force;
5. reserve technical means used by the target Government Affairs;
6. encourage training, printing the books form, ensure the physical equipment for construction and mobilizing reserve forces members;
7. Spend the other related work.
Article 29. The budget is spent on the task of building and mobilizing reserve officers include the following: 1. Trained, rehearse, check the reserve mobilization Department of the local team;
2. pay the salaries and allowances for reservists under the provisions of paragraph 1a to article 23 of this Decree;
3. building, equipped with means for Headquarters and barracks ensure the training of reserve officers in the local team in the province;
4. reserve material logistics, technical assurance to the reserve mobilization Department of the local team in the province;
5. Compensation and other expenses due to the level of people's committees mobilized to serve for training, exercise, check out combat ready in time of peace;
6. Mobilization, delivered the reserve units for the army's permanent force;
7. Mobilization of reserve officers as specified in paragraph 2 to article 18 of the Ordinance;

8. family support reservists participating in training, maneuvers, test ready encouragement, ready to fight;
9. Implementation of the policy regime for human resources was the mobilization as specified in clause 5 article 14 of the Ordinance;
10. encourage training, printing books, forms, ensuring the physical equipment for construction and mobilizing reserve officers;
11. For the other related work.
Article 30. District budget to spend on the task of building and mobilizing reserve officers include the following tasks: 1. Registration, management of reservists, technical means, the management of the reserve units mobilized locally;
2. pay the salaries and allowances for reservists under the provisions of paragraph 1a to article 23 of this Decree;
3. building, equipped with means for Headquarters, the station focused reservists, the station focused technical means and ensure training camp in reserve mobilization Department of the local team in the district;
4. reserve material logistics, technical assurance to the reserve mobilization Department of the local team in the district;
5. Implementation of the policy regime for human resources are mobilized and social districts as defined in clause 5 article 14 of the Ordinance;
6. Spend the other related work.
 
CHAPTER VI article 31 ENFORCEMENT TERMS. This Decree takes effect after ten years on since. The previous provisions contrary to this regulation are repealed.
Article 32. The Ministry of defence in coordination with the ministries concerned, this Decree implementation guide.
Article 33. The Secretary of the Ministry, ministerial heads, government agencies, the Chairman of the provincial people's Committee, central cities are responsible for the implementation of this Decree.