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Decision 207/2006/qd-Bqp: Regulatory Activities Of The Board Of Military Command Authority, The Organization

Original Language Title: Quyết định 209/2006/QĐ-BQP: Về quy chế hoạt động của Ban Chỉ huy quân sự cơ quan, tổ chức

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The DECISION of the MINISTER of NATIONAL DEFENCE about the regulations of the Board of military command authority, the Organization _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the MINISTER of DEFENCE pursuant to the law enacting the legal text on November 12, 1996; have modified, some additional things on December 16, 2002;
Basing the Ordinance on self-defense militia 29 April 2004;
Pursuant to Decree No. 185/2004/ND-CP dated 11 November 2004 from the Government detailed rules implementing the Ordinance on self-defense militia;
Pursuant to Decree No. 119/2004/ND-CP dated May 11, 2004 by the Government on the work of defense in ministries, ministerial agencies, government bodies and localities;
Pursuant to Decree No. 30/2004/ND-CP dated 16 January 2004 of the Government functions, tasks, powers and organizational structure of the Department of Defense;
According to the proposal of the Chairman, DECIDED: chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This decision defined operating principles; the functions, duties and powers; working mode and the relationship of the Board of the Agency, military organizations, including State authorities, business units, organizations, political organizations, social-political organizations (hereinafter referred to as the Agency).
2. This decision is only made in peacetime. In a State of war, a State of emergency on defense, national security, the Defense Department has separate rules.
Article 2. Operating principles of the Board of the Agency, held 1. Activity of the Board of military command authority, the organization led by Party committees at the same level directly; the direction of the head of the agency or organization; the direction, the Commander of the defence works, military of the competent military authority.
2. All activities of the military command bodies, organizations must comply with the provisions of the Ordinance on self-defense militia, Decree No. 119/2004/ND-CP dated May 11, 2004 by the Government on the work of defense in ministries, ministerial agencies, government agencies and the local , Decree No. 184/2004/ND-CP dated 11 November 2004 from the Government detailed rules implementing the Ordinance on self-defense militia and the provisions of the law on defence.
Article 3. The functions, duties and powers of the Board of military command authority, the Organization Board of military command authority, the Organization functions, duties under article 12 of Decree 184/2004/ND-CP dated November 2, 2004 detailing the Government's enforcement of the Ordinance on self-defense militia and the mission the following specific powers: 1. Research, holds resolutions, directives, orders of military defense duties of the supervisor; presiding over the drafting, the Commission, the head of the Agency, the Organization of the text, direction and leadership to oversee the plan, the military defense of the Agency, the Organization; implementation of the plan after it is approved.
2. Presiding Committee level with the proposal, the head of the Agency, organization, leadership, direction, perform civil defense education, fostering the knowledge of national defense, security for staff, servants, officers, employees in the agencies, organized under the provisions of the law.
3. Join the Commission proposal, the head of the Agency, held about the incorporation of socio-economic development with ensuring security in defense planning, development plans in the areas of the Agency, the management organization; in collaboration with local headquarters building of civil defence, security people; chairing or participating in construction and implementing Plan B, a civil defense plan as assigned by the head of the agency or organization.
4. Formulate and implement planning, training, organization of the self-defense force activities after being approved by the authority; facts about the number, and improving the quality of training cadres, military Committee command.
5. Host help agency heads, the Organization made the call to enlist citizen; registration, management of aged citizens defend themselves, citizens in the age to enlist, reservists, Executive order encouraging reservists and technical means for the army under the orders of the competent authority.
6. Presiding Committee-level help, the head of the Agency, to oversee the Organization of the party, the political work in construction, operation of the self-defense forces, and preparation of implementation of the military defense duties of the Agency, held.
7. Implementation of the rules on standing, arms management in maneuvers, according to the order of the authority; steer, self defense force commander in coordination with the local force protection production, preserving the order of treatment, prevention, disaster recovery, prevention of fire, explosion in agencies, organizations and local headquarters.
8. The annual estimate, Executive and budget-settlement ensures the task work of military defense of the Agency, held.
9. the Chairman, in collaboration with related agencies propose to level Commissioners, who heads the Agency, organization, direction, policy regimes for self-defense forces, reservists and local climate policies in the army.
10. Directs, guides, agencies in the fields of organization, its industry manages the task of defence, military.
11. Prepare the report, the Committee, inspection, summary, summary of the work of the defense, according to military regulations.
12. Launching, sustaining the movement WINS decision in self-defense forces reserve and mobilization; the proposal to level Commissioners, heads of agencies, organizations and the competent agency praised, rewarding the collective, the individual in performing the duties of military, Defense Agency, organization.
Article 4. The authority, duties and working relationship of the Chief political officer, the Deputy Commander of the military Committee, the Organization authority.
Chief, political staff, Deputy Commander of the military Committee of the Agency, the implementation responsibilities, tasks, work relationships as defined in decision No 189/2006/QD-BQP on November 11, 2006 by the Minister of national defence about the rules, duties and working relationship of the officers commanding military Agency Board , organization; officer and Commander of militia units to defend themselves; the duties, powers, relationship to the work involved in this decision.
Chapter II article 5 WORK MODE. Grasp the situation mode 1. Ban military command bodies, institutions must organize, assign the person directly grasp the implementation of the work of the Agency's defense, organization; General, report-level Committee, heads of agencies, organizations and organs of the superior military.
2. Regularly hold the Organization, staffing, equipment and ability to perform the duties of the self defense forces and reserve mobilization, the report on the regulatory level.
Article 6. Building text mode leadership, direction, implementation on the work of national defence 1. Every year based on the directive, order, plan the work of the Defense Agency's superior military, Ban military command authority, the Organization advised grant Committee, the head of the Agency, the Organization issued resolutions, directives on the work of Defense or putting the defense the military, on resolutions, directive leadership, directed in missions of the agency or organization. At the same time directly build the plan the work of the Agency's annual defense, organization, the head of the Agency, the Organization for approval in the first quarter of the year.

2. Yearly and each period, the base direction of the competent military authority and assigned by the head of the Agency, held military command Board Agency, organization or participating in building the plan as follows: a) to Ban the military Ministry , ministerial-level agencies, government agencies; The Central Office and the Board of the party; The Office of the President; The Office of the National Assembly; the Central Agency unions, corporations, State Corporation constitute the dominant stock due to the Prime Minister and the Board decided to establish a military command agencies, organized by the Ministry of Defence decided to form (hereafter referred to collectively as the military commander of the Agency Board , held in Central):-construction plans and mobilizing reserve officers;
-Plan to ensure the needs of defense in the beginning of the war;
-Plan of national economy mobilization for national defense needs and social activities;
-Planning Agency, held on the status of the defense.
b) for military command Board of the professional body in the people's committees of provinces and cities under central (collectively referred to as the Department); the Party Committees and equivalent bodies in the Committee; career institutions in the Committee, people's Committee; the State-owned enterprises, joint-stock enterprises in which the State seized the shares dominated in the organized self-defense from platoon level upwards; the social and political organization, held in the central agencies are organized by industry vertical local military commanders and the Board of the Agency, held by the military command of the province decided to establish and direct management (hereafter referred to collectively as the military commander of the Agency Board , held in the plan):-building and mobilization of reserve force members;
-Plan to ensure the needs of defense in the beginning of the war;
-Planning Agency, held on the status of the defense;
-Building plans, training activities of self-defense forces;
-Agency protection plans;
-Flooding prevention and disaster mitigation;
-Defence plan;
c) to Ban military command bodies, held in the district, the County, towns and cities in the province (hereinafter referred to as the district):-building plans, training, operation of the self-defense forces;
-Agency protection plans;
-Flooding prevention and disaster mitigation;
-Defence plan;
d) the construction or additions, adjustments to the plan at the point a, point b, point c this clause and other plans (if any), made under the direction of the superior military authorities directly by the military command authorities, organization.
Article 7. The registration mode, self defense force management, reserve mobilization and the armament techniques 1. April of every year, the Board of the Agency, held in collaboration with the local military headquarters made registration of citizens in the age of self-defense militias under the provisions of the Ordinance on self-defense militia.
2. The Board of the Agency, held in collaboration with the local military headquarters make the registration, management of reserve force members under the provisions of the Ordinance on reserve mobilization.
3. Arms, support tools and other technical equipment to ensure the task of defence, military agencies, organizations must be registered in full quality, quantity, number, type, to focus in the work of the military commanders and checked , clean, preserved as specified.
Article 8. Training mode of defense work 1. For the Board of military command authority, held at Central: a) time: 7 days per year;
b) location: National Defense Academy or the military orders;
c) content, program: implementation of decision No. 3309/2004/QD-BQP on 16 December 2004 of the Minister of national defence about the enactment of civil training program (hereinafter the "decision on 3309/2004/QD-BQP).
2. for the Board of the Agency, military commander in the Organization: a) time: 7 days per year;
b) location: at the school of military zone or military schools of the province;
c) content, program: follow decided 3309/2004/QD-BQP.
3. for the Board of military command authority, held in the District: a) time: 7 days per year;
b) location: military school at provincial or District Military Committee;
c) contents: follow decided 3309/2004/QD-BQP.
4. for directorate officers, military agencies, held members of the Agency, held in Central: a) Ban military personnel agency, member organizations in the Agency, held by the central military command of the province administration, made according to the provisions in paragraph 2 , This;
b) officials and Ban military command bodies, held members of the Agency, held in the central district military command by the Board of management, implemented according to the provisions in clause 3, this.
Article 9. Committee work mode of defence military Committee agencies, Implementation Committee the work mode of defense under decision No. 38/2005/QD-BQP on 06 April 2005 of the Minister of national defence promulgated the regulation Committee, report, test, summary, summarizing the work of Defense self-defense militias, national defense education, (hereinafter called the decision 38/2005/QD-BQP) and the specific rules for the following: 1. for military command Board of the Agency, held in Central: a) When attending briefing with the Defense Department, the military command bodies, election officers must be held correctly summoned component of the Department of Defense If the election of officers to go instead to be consensus of Heads of agencies, organizations and the Department of Defense;
b) When the Organization Committee level, command chief military command authority, chaired by the Central Organization Committee once every quarter; with own military commanders have many agencies, held in more local members can communicate less Board if consensus of Heads of agencies, organizations and organs of defense work of permanent defense, but necessarily carried over 6 months and years.
-Committee composition including the Commander of the military Committee of the Agency, the Member organizations in the scope of management disciplines, the field; dedicated staff, part-time work in defense agencies and organizations. A special case, if the head of the Agency, held unanimously, the comrade of the composition Committee mentioned above may be absent but must have written the report at the request of the Commander of the military Committee, the Organization authority. When necessary invite representatives of Ministry of Defense; The Commander of military region; Military command of the province; The Board of the district military command headquarters and units concerned attend the Committee.
-Location assigned by Chief Military Commander Board regulations;
c) When attending briefing with the local military headquarters, the Commander of the military command base Board, content Committee, election of officers.
2. for the Board of the Agency, military commander in the Organization: a) When attending briefing with the military command, the military command bodies, election officers must be properly organized into parts per million of the military command of the province, if the election of officers to go instead to be consensus of Heads of agencies Organization, and the military command of the province.
b) When the Organization Committee level, Commander of the military Committee agencies, organized chaired Committee once every quarter; special circumstances can be less than if the Committee consensus of Heads of agencies, organizations and military command of the province, but necessarily carried over 6 months and years.
-Committee composition including the Commander of the military Committee of the Agency, the Member organizations in the scope of management disciplines, the field; dedicated staff, part-time work in defense agencies and organizations.

Invite a representative of the military command of the province; Ban military command agencies, industry organizations along the upper level (if any); The Board of the district military command headquarters and units concerned attend the Committee.
-Location assigned by Chief Military Commander Board regulations;
c) When attending briefing with the local military headquarters, the Commander of the military command Board pursuant to the nature, the content Committee for the election of officers.
3. for the Board of military command authority, held in the District: a) The projected Committee of the Board of military command authority, the superior vertical Organization (if any) then follow the convening of the Board of military command authority, the superior organization of the vertical industries;
b) When attending Committee with the Board of the district military command, then follow the convening of the district military command;
c) When the Organisation Committee level, made at the request of the Board of the district military command or military command agencies, industry organizations along the upper level (if any).
4. for the Board of military command authority, members of the Organization of the Agency, held in Central: a) The projected Committee of the Board of military command authority, the superior organization, then follow the convening of the Board of military command authority, the superior organization;
b) attended the briefing with the military command of the province or the district military commander, when the military command of the province is administered by the district military command.
c) When the Organisation Committee level, then follow the direction of the superior military authorities.
5. The Board of military command authority, the organization-level implementation Committee as often as specified in the clause: 1, 2, 3 and 4 of this Article, at the same time implementing Committee at the request of the head of the Agency, organization, or person in command of the superior military authorities directly when there are sudden duties.
Article 10. Reporting the work of Defense, self-defense militia, defence education.
Ban military command bodies, organizations make work report mode of Defense, self-defense militia, national defense education by decision 38/2005/QD-BQP and the specific provisions of the following: 1. for military command Board of the Agency, held in Central: a) quarterly, 6 months in a report in writing to the head of the agency or organization; The Ministry of national defence (through the permanent agency defense work of the Department of Defense); 6 month report separately, in submitting the defense is due to head the Agency, organized the browser;
b) report annually in writing to the provincial military command, the military command of the district where the Agency, organization, based on the work to build defensive forces, working with staff and recruitment, about action-treatment in the area of local defense;
c) export level reporting done by request of the Ministry of Defense, of the head of the Agency, held when there are sudden task on defense and security, as requested by the Agency to the local military headquarters of the contents specified in point b of paragraph 1 of this article.
2. for the Board of the Agency, military commander in the Organization: a) quarterly, 6 months Ban military command authority, the Organization shall report in writing to the Board of military command authority, the superior vertical Organization (if any) and the military command of the province;
b) report annually in writing to the district military command Board where the Agency held, based on construction work, self-defense forces reserve mobilization and recruitment, about action-treatment in the area of local defense;
c) The irregular report made at the request of the provincial military command, the military command agencies, industry organizations along the upper level when there are sudden task on defense, security, and at the request of the Board of the district military command headquarters for the content specified in point b , paragraph 2 of this Article.
3. for the Board of military command authority, held in the District: a) quarterly, 6 months, in a report in writing to the District Military Committee and military Committee agencies, industry organizations along the upper level (if any);
b), report or unscheduled reports required by the Board of the district military command or military command agencies, industry organizations along the upper level (if any).
4. for the Board of military command authority, the Organization members of the Agency, held in Central: a) Ban military command bodies, membership organization in the agencies, organized by the central military command of the province managed to follow the provisions in paragraph 2 of this Article;
b) Ban military command bodies, membership organization in the agencies, held in by central military command District Manager made in accordance with paragraph 3 of this article.
Article 11. Check the working mode of Defense, self-defense militia, education departments of military command authority, the organization performing the test mode the work of Defense, self-defense militia, national defense education by decision 38/2005/QD-BQP and the specific provisions of the following: 1. for military command bodies Board , held at Central: a) check the implementation of the work of Defense, self-defense militia, the Defence Ministers of education the Ministry of defence and the standing organs of defense work the Ministry of defence when Minister of Defense authorizations;
b) Help the head of the Agency, organization, or directly inspecting the implementation of the work of the defense, when the military was the head of the Agency, authorized organizations;
c) content, the object, the time check; the Organization, the structure, the delegation examined the work of the Defense Agency, the Central Organization must be brought into the work plan of annual Defense Board military command bodies, organisations, except where unscheduled inspections at the request of the Defense Department or the head of Agency , organization.
When checking the need to inform and invite representatives of local military authorities where the Agency held based attend and coordinate implementation. The number of bodies, organizations are tested annually in accordance with the head of the Agency, organization or Department of Defense.
2. for the Board of the Agency, military commander in the Organization: a) check out the defense, self-defense militia, defence education of the military command of the province; Ban military command agencies, industry organizations along the upper level (if any); Regional military command, Department of defence (in special cases);
b) Help the head of the Agency, organization, or directly inspecting the implementation of the work of the defense, when the military was the head of the Agency, authorized organizations;
c) content, the object, the time check; the Organization, the structure, the delegation examined the work of the Defense Agency, the Organization must be brought into the work plan of annual Defense Board military command bodies, organisations, except where unscheduled inspections at the request of the head of the Agency, organization or the competent military authority.
When checking the need to inform and invite representatives of local military authorities where the Agency held based attend and coordinate implementation. The number of bodies, organizations are tested annually in accordance with the head of the Agency, organization, or the Commander of the military command of the province.
3. for the Board of military command authority, held in the district and the Board of military command authority, the Organization members of the Agency, held in Central: a) check of the competent military authority and military command authority, the superior Organization (if any);
b) organized self-defense forces in check and rights bodies, subordinate organizations (if any).
Article 12. Summary mode, summarizing the work of Defense, self-defense militia, national defense education

The Board of military command authority, the Organization made the profile mode, summarizing the work of Defense, self-defense militia, education defense, self-defense militia, national defense education by decision 38/2005/QD-BQP and the following specific provisions: 1. The Board of military command authority, the Organization advised the head of the Agency organizations, done summary, summarizing the work of Defense, self-defense militia, national defense education.
2. Summary, summarizing the work of Defense, self-defense militia, national defense education under decision of the head of the Agency, organization, including: a) summary the work of Defense, self-defense militia, defence education first 6 can be combined with the Committee in the second quarter and combined with the overall mission of the Agency , organization;
b) summarizing the work of Defense, self-defense militia, defence education annually, can combine with the Committee to the fourth quarter, the time for at least 1/2 day and can combine with summarizing the General mission of the Agency, held if consensus of the superior military authorities directly.
Article 13. Set mode estimation and budget-settlement 1. Every year, the Board of the Agency, held pursuant to the mission expenses of national defence, military to ensure estimating the budget for Defense, military under Decree No. 60/2003/ND-CP dated 6 June 2003 from the Government detailing and guiding the implementation of the State budget Law and the text of current legislation; the head of the Agency, held the executive approval, and settlement of the budget spent on defense affairs, military approval.
2. The mission expenses of the Defense Agency, the organisation made under section 3 article 5 chapter II, Decree No. 10/2004/ND-CP of June 7, 2004 of the Government regulation on management, use of budget and State assets for a number of activities in the field of defence , security; Article 30 Chapter III of Decree 184/2004/ND-CP dated 11 November 2004 from the Government detailed rules implementing the Ordinance on self-defense militia and the text of current legislation.
Chapter III article 14 WORK RELATIONSHIP. The relationship of the Board of military command authority, held in Central 1. With the level of party committees at the same level as relations between the leader and the led. Under the leadership of the Party Committee level, the military command responsible for implementation of the resolutions on the work of national defense, military, and reporting the implementation of the Defense mission, military committee level with the same level as specified.
2. With the head of the Agency, held in Central is the relationship between leadership and only subject to the operating direction. The Board of the Executive military leadership, management and administration of the head of the Agency, organization, at the same time, proposed the measures organizations performing tasks the work assigned military defense.
3. With the Department of Defense: Ban military command bodies, held in the central direction, direct command of the Minister of national defence on military defense work under the provisions of Decree No. 119/2004/ND-CP dated 11 May 2004 from the Government; under the unified command of the Minister of national defence for self-defense forces, participants in the preparatory bodies, organized through the direct command of the local military authority levels; subject to the direction, guidance in the range of functions and powers of the General staff and the General Directorate of the Ministry of Defense.
4. With the military districts, the military command, the military command bodies, held in collaboration with the central organ of the local military direction instructions, urging, check under the authority of the defense in General, protection work in particular of military command Board self-defense forces, the members of the Agency, held in Central.
5. the Board of the district military command headquarters: Ban military command bodies, held in the central direction, direct command of the military District Commander of the self-defense forces, the work of the reserve mobilization and recruitment, about action-treatment blocks the Agency's authority , organization.
6. With the Agency, member organizations in the Agency, held in Central is the superior relationships with subordinates on work defence, military; The Board of military command authority, the central organization is responsible for the direction, instruction and tests, urging the implementation of military defense works for the Agency, the Member organizations in the Agency, held in Central.
Article 15. The relationship of the Board of military command authority, held in the 1. With the level of party committees at the same level as relations between the leader and the led; under the leadership of the Party Committee level, the military command responsible for implementation of the resolution on the work of the defense, and the military situation report made military defense duties with Party Committee levels under the regulations.
2. With the head of the Agency, the organization is the relationship between leadership and only subject to the operating direction. Ban strictly military executive leadership, management and administration of the head of the Agency, held about the defense, military units; at the same time proposed these measures implementation of military defense duties assigned.
3. With the military command of the province: Ban military command agencies, organized under the direction of the military command of the Department of national defence work, the local military in the areas of the Agency, its management organization; at the same time have the coordination relationship, synergistic about some task faces in function of the Agency, his organization related to defense work such as: education, build defensive area, civil defense; build political potential, economic potential, build people's armed forces.
4. With regard to the Board of the district military command headquarters: Ban military command bodies, institutions subject to the direction, the Commander of the military District Commander of the self-defense forces, the work of the reserve mobilization and recruitment, about action-treatment blocks the Agency's authority , organization.
5. To Ban military command agencies, industry organizations along the upper level (if any) is subordinate relations with superiors, subject to the direction, guidance on the work of the military, defence and is responsible for regulatory reporting.
6. With the self-defense units in the right is the relationship between direction, command and compliance steer, Commander of the mission.
Article 16. The relationship of the Board of military command authority, held in the District 1. With the level of party committees at the same level as relations between the leader and the led; under the leadership of the Party Committee level, the military command responsible for implementation of the resolution on the work of the defense, and the military situation report made military defense duties with Party Committee levels under the regulations.
2. With the head of the Agency, the organization is the relationship between leadership and only subject to the operating direction.
Ban strictly military executive leadership, management and administration of the head of the Agency, held about the defense, military units; at the same time proposed these measures implementation of military defense duties assigned.
3. the Board of the district military command's subordinate relations with superiors about the defense, military.
The Board of military command authority, the organization is subject to the direction, direct command of military district command Board of Defense, local military.

4. With the Board to vertical sector military command superior (if any) is subordinate relations with superiors, subject to the direction, guidance on the work of the military, defence and is responsible for reporting the defense work, according to military regulations.
5. With the defensive unit is the relationship between direction, command and compliance steer, Commander of the mission.
Article 17. The relationship of the Board of military command authority, the Organization members of the Agency, held in Central 1. For the Board of military command authority, the Organization members of the Agency, held by the central military command of the province of management; made under article 15 of this regulation.
2. for the Board of military command authority, the Organization members of the Agency, held in the central district military command by the Board of management; made under article 16 of this regulation.
Chapter IV the TERMS OF IMPLEMENTATION of Article 18. Effect 1. This decision takes effect 15 days from the date The report.
Article 19. Responsibility 1. The Chief Executive, the General Department, the Commander of the military region, the Navy Corps, the military commander of the Agency, held in Central, the military command of the province, central cities, Ban military command bodies, held in the district, and the heads of the agencies , the relevant units responsible for the implementation of this decision.
2. The base characteristics of the situation, the duty of defense work, the head of the Agency, the Organization issued a decision on regulation of activities of the military Committee level, consistent with the provisions of this decision.