Advanced Search

Decree 29-Hđbt To: Enact The Charter Self-Defence Militia

Original Language Title: Nghị định 29-HĐBT: Ban hành Điều lệ dân quân tự vệ

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
The DECREE enacting the Charter self-defence militia COUNCIL of MINISTERS pursuant to article 50, 51, 52 and 77 of the Constitution of the Socialist Republic of Vietnam;
Pursuant to article 12 and 15 of the law on organization of the Council of Ministers on July 4, 1981;
According to the recommendation of the Minister of national defence;
 
DECREE: article 1.
Now attached to this decree a Charter provisions about the Organization, construction and operation of the self-defense militia (referred to as the Charter self-defence militia).
Article 2.
This Decree shall take effect as from the date of signing. The previous provisions contrary to this Decree's content are repealed.
Article 3.
The Secretary of the Ministry, the Chairman of the State Committee, the idea of the other bodies in the Council of Ministers and Chairman of the people's committees of provinces and cities, the district directly responsible to enforce this Decree.
 
MILITANT SELF-DEFENSE CHARTER (attached to Decree No. 29-dated 29 January 1990 of the Council of Ministers) under the leadership of the party, during the industrial revolution the former national liberation as well as in consolidating national defense, defending the socialist motherland today, self-defense militia forces always keep an important strategic location.
President Ho Chi Minh has said: "the guerrilla and self-defense militia force of the entire nation, is a force, is a champion of the iron wall. Infinite comment how violent enemies even touched on that force, that wall, the enemy would have to disintegrate ". (1) To promote and strengthen the construction of self-defense militia force to meet the requirements of the task of building and protecting the country in the new situation; This rules and regulations on the Organization and operation of the self-defense militias, the responsibilities of the ministries, and the unions for the task of building the free militia.
 
Chapter I GENERAL PROVISIONS article 1.
Self-defense militia is the armed force of the masses not escapist production, organized by the Vietnam Communist Party and the leader, is one of three things wrap of the people's armed forces of the Socialist Republic of Vietnam.
Defensive military construction is the responsibility of the entire population, the army, the Government and unions the masses under the leadership of the party.
Article 2.
The Organization and operation of the self-defense Agency placed under the focus of the grant Committee of the party, the administration of the Government and the command of the military commanders at the base. in the countryside, the force called the militia, in urban areas and bodies, enterprises, other base unit (hereinafter referred to as the base) is called self defense.
Article 3.
Self-defense militia force core for the whole population to hit the enemy, is a tool primarily to protect the party, Government and people at the grassroots.
Self-defense militia had four basic tasks: 1-in collaboration with public safety and other major professional forces to preserve political security and social order and safety, protecting the party, defended the Government, protect the people's life, property, collective property, by State , of the local military.
2-fight destroy, enemy attrition, core for the movement to the whole population, local protection rating, fundamentalist protection.
3-for additional troops, and military combat, frontline service.
4-in the labor movement, in production, remedial genius in a press room; exemplary Executive and Executive people's stadium way, advocates, the party's policy, the laws of the State.
Article 4.
Every citizen of Vietnam, regardless of gender, ethnicity, religion, profession, social components, from 18 to 50 years old are obliged to join self-defense militias. In addition to age, volunteers may also be admitted.
Each time, based on the situation of local protection tasks, defend the base, under the guidance of the district military command, the military command base determines the number and selection of organizations who have qualified by Ministry of Defense regulations to take on organized self-defense militias at the base.
Article 5.
Build self-defense militias under the motto of strong and widespread, on the basis of its political forces of the masses, the combination between obligations and voluntary.
All the communes, wards, base units, must build the self-defense militia force sufficient to protect the local base protection in all situations. Individuals in the collective economic organizations, private, business ... have a responsibility to join the self-defense militia organization of his place of residence local.
Article 6.
Officers, self-defense militia soldiers must obey the regulations of the Department of Defense; are the certification and markings protect militants while on duty.
Article 7.
Retrieved on March 28, 1935, the day Congress of the Communist Party of Indochina war resolved about the Organization "The defenseless farm team" do on the tradition of the self-defense militia force.
 
CHAPTER II Organization, STAFFING, equipped with 8.
Organized self-defense militias, are based on the requirements of the combat mission, consistent with the organizational leadership of the party organization system, administrative divisions of the State, tied to manufacturing organizations, industry, occupations, associated with the terrain and the specific characteristics of each place, ensuring convenience for managing directing, command.
Article 9.

Organized self-defense militias have the infantry and the army needed, have the force in place and mobile forces. in the village, take the Township; in the ward, took the street; in the other base units of production units, as the basis for the organization.
Scale of organization, staffing is as follows: in plain Township, coastal, Central di, the scale of popular organizations is the squad, platoon and company.
In the mountains, the scale is the popular organization to the squad, platoon.
In Ward, the scale of organization is the squad, platoon; where condition, can organize great team.
In the base unit of the State, popular organizations scale is platoon, company; where condition, can be held to the battalion.
The organization with a higher scale in areas where the requirements and conditions set by the Department of Defense regulations.
Article 10.
Officers in command of the militia to defend itself in the base must have good qualities, have the responsibility, the Organization has the power to carry out the task assigned position and took over the practice in challenging fight, work, production.
Article 11.
Ban military commanders communes, wards and the base unit is the Agency staff to help the Party Committee, Government base directing the military, work surface is directly in command of the militia, protection in construction and operation. Military command Board component communes, wards and units include: Base Commander, politics, 1 Deputy Commander in commune, Ward: Commander is dedicated officers, lieutenants are part-time officers, were deployed for stability. Commander General in charge and directly in charge of self-defense militias. The Deputy Commander of the help command are dedicated to the direction of impact.
In the base unit: Commander by heads of unit, single from the Deputy Commander is dedicated officers (if units have from 150 reserve army and up) or the Chief Officer (if units are under 150 and the reserve army).
In all these facilities, by the Member Secretary of the Party Committee level part-time basis.
Battalion commanders, including the Commander, 1 member, 1 Deputy Commander.
Platoon leader level, the U.S. team had 2 people including a Chief, a Deputy.
Article 12.
Department of Defense regulations specific responsibilities and management regime cadres in self-defense militia base.
Article 13.
The armament of the self defense forces including weapons by Defence Ministry level, due to the local people and built and get the weapon of the enemy.
The management, use, maintenance of equipment, weapons, self-defense militia, according to the Executive statutes of the Ministry of defence.
Article 14.
Chairman of people's Committee of the industry and the Director-level entities to resolve the issues of ensuring logistics and ensure equipment, techniques for local self-defense militias in charge.
 
CHAPTER III POLITICAL EDUCATION, MILITARY TRAINING article 15.
Officials and militia soldiers defend political learning, military training according to the program specified by the Ministry of defence with the time as follows: 1-the new soldiers trained 7 days in the first year.
2-squad officers and soldiers took self-defense militia through the new soldiers, are training 5 days per year.
3-platoon officers, trained in the 5 June each year.
4-military command officers, Ward, Township of officers dedicated to military work in the base unit of the new State was appointed to be fostered at the local military for 15 days. Then each year are training 5 days.
5-the Commander's unit heads and political base member communes, wards, the base unit is training and 5-day maneuvers each year.
When at war, the training time for the objects can be longer, according to the directive of the Council of Ministers.
Article 16.
Time studying political, military training of self-defense militias count on duration of labor and public interest obligations should be brought into the target.
 
CHAPTER IV COMBAT OPERATIONS of the SELF-DEFENSE MILITIA article 17.
Action to protect security of self-defense militias conducted mainly in the communes, wards, base units under centralized direction, consistency of the Party Committee and government levels in the facility, the direct command of the military base and the overall command of the military commanders.
When to use the militia to defend itself on the protection of the security, right in the correct function of the self-defense militia and the regulation of the Council of Ministers.
Article 18.
When the need to use self-defense militia duty combat, combat service outside the province, city, district, County, then Chairman of the provincial people's Committee, the city, the district, the County decides to follow the proposal of the Commander of the military organs at the same level.
Article 19.
Based on the basic battle plan at the base, the President of the people's Committee, the Township heads, base unit directs implementation of plans to ensure the fight of self-defense militias.
 
Chapter V-TEAM MODE, the POLICY for the PROTECTION of article 20.
State mode, VUs materially and spiritually for officers, self-defense militia soldiers in time to escape the glass production to do military training, combat and combat service. Officers, self-defense militia soldiers were wounded or died while on military duty are entitled to the preferential regime according to the regulations of the State.
Article 21.

Officers, self-defense militia soldiers are in combat and construction, are rewarded according to the General rules of the State.
Officers, self-defense militia soldiers complete the task from 5 years and over, with no serious fault, industry officials, the unions have the care of self defense, military construction are rewarded (standard, forms of the compliment by the Department of Defense to research the Ministerial Council decision).
Officers, self-defense militia soldiers when the duty, if mistake, fault, depending on the extent of violations, disciplinary or enforcement will be dealt with according to law.
 
CHAPTER VI RESPONSIBILITY of HEADS of departments, the LEVEL 22 Thing.
The Minister of Defense is responsible before the Council of Ministers about direction, guide, check out the construction and operation of the self-defense militia force under the party's military and the resolutions, directives. .. of the Council of Ministers; the research process of the Council of Ministers issued the policy regime for self-defense militias.
The Secretary of the Ministry, the Chairman of the State Committee, the heads of the other agencies in this Council before responsible for directing all aspects of the construction and operation of the self-defense Agency; monitor and urge the base unit in his defensive construction industry according to the plans of the local military authority; solve the problems related to the Organization, construction and operation of the self-defense militia under the scope of its powers and functions.
Article 23.
Only the President of the people's Committee is responsible for proposing to the Director level industries and military authorities granted her perform those duties that are related to the construction, organization, training, self-defense militia's activities under resolution of Committee-level level and the orders of the military authorities and the implementation of the regime , current policies for self-defense militias.
The heads of the base unit has direct responsibility for steering the organization performing the task of construction, training, operation of the self-defense forces in the entities according to the plans of the local military authority where the facility closed.
The head of the collective economic base, home base of private economy, business ... have a responsibility to ensure for people in his base to join militias, self-defense training and operate under the allotted time.
President of the people's Committee, the heads of the base unit must spend funds, materials, means for the Organization, construction and operation of the self-defense forces.
Article 24.
The Commander of military region shall assist the Secretary of Defense directly to steer, guide and check the provinces, the city, the district about the Organization, construction and operation of the self-defense forces.
The Commander of the military agencies (city, municipal district), the district (districts, towns and cities in the province) and the base (communes, method, base units) is the person responsible to the military institutions and the level of delegation, his Government about the direction, the Commander of the self-defense militia force in construction and operation).
The Commander of the Corps and branches have a responsibility to assist the Minister of national defence to steer, guide and check the building of militia units of the Corps, the Corps.
The main teams, the local team, border guard stationed on the area would have responsibility for relations with local military authorities involved in construction, strengthen coordination, self-defense militia leading militant self-defense in combat, treat an article 25.
The ministries often works closely with the Communist Youth League, the women's Union, the General Confederation of labor, farmers Association and other social organizations to Council members, the education Union members, members, officers, employees of the mass organizations in the prescribed age actively participate in self-defense militia people's stadium, and officers, officials eagerly help and make the policy mode for self-defense militias.
(1) Letter to women soldiers, militias and guerrillas nationwide in 1947, printed in the book "Outdoor Chair with the armed forces of the people", people's Army Publishing House, Hanoi, 1968.