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THE STANDING COMMITTEE OF NATIONAL ASSEMBLY | SOCIALIST REPUBLIC OF VIET NAM |
No. 45-L/CTN | Hanoi ,January 09, 1996 |
ON THE MILITIA AND SELF-DEFENSE FORCES
In order to build a strong militia and self-defense force to contribute to the consolidation and strengthening of national defense and the maintenance of political security and social order and safety;
To increase the effect of State management and raise the sense of responsibility of the State agencies, economic and social organizations, the people's armed forces units and all citizens in the building of the militia and self-defense force;
Pursuant to Article 46 and Article 91 of the 1992 Constitution of the Socialist Republic of Vietnam;
Pursuant to the Resolutions of the 6th and 8th sessions of the IXth National Assembly on the program of legislation;
This Ordinance sets out provisions on the militia and self-defense force.
At the commune, ward and township level this force is called militia; at the State agencies, administrative and non-business units, and economic organizations, and socio-political organizations it is called self defense force.
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Upon the expiration of the service term, the citizen who has accomplished his/her duty in the military and self-defense force shall be issued with a certificate and registered as such at the concerned unit for management and assignment of a task when necessary.
2. The organization of the self-defense force in the enterprises of other economic sectors shall be prescribed by the Government.
Article 7.- The militia and self-defense force has the following tasks:
1. To stand combat ready and to fight to destroy and decimate the enemy forces, to serve as the core for the movement of the entire people fighting against the enemy to defend the locality and the concerned unit;
2. To coordinate with the public security force, the border guard, the regular army and the people's organizations in defending the territorial sovereignty, political security and social order and safety; in defending the national defense installations, the weapons and technical military equipment depots, detecting and confiscating the weapons and military equipment kept illegally in the locality; and taking part in building a locality strong in all domains;
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4. To be exemplary in implementing and to campaign among the population for the implementation of the line, policies and undertakings of the Party and the laws of the State; to be the shock force in productive labor, in the defense of production, in the prevention and fight against and in overcoming the consequences of natural calamities, enemy sabotage and other grave incidents.
ORGANIZATION, PERSONNEL, EQUIPMENT, TRAINING AND ACTIVITIES OF THE MILITIA AND SELF-DEFENSE FORCE
Section 1. ORGANIZATION, PERSONNEL, EQUIPMENT
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2. In a commune, ward or township, the commander is a member of the People's Committee in charge of defense work, the political commissar is an official who also assumes another function; the deputy commander is a full-time or part-time functionary as prescribed by the Government.
For a State enterprise, the commander, the political commissar and the deputy commander shall be assigned by the director of the enterprise who shall report the list to the local military office. If the enterprise comprises many units operating in many places, apart from the military command one or more full-time or part time functionary shall be appointed to assist the commander in the self-defense work.
3. In a State agency or an administrative or non-business unit, or a social political organization the head of the agency shall assume the leadership and assign a functionary to take charge of the command of the self-defense force of his agency and report the list to the local military office.
Section 2. POLITICAL EDUCATION AND MILITARY TRAINING
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From 5 to 7 days for the on-site force;
7 days for the mobile force and combat detachments;
10 days for the combat standby units;
From 10 to 15 days for the military commanders of the communes, wards and townships and the functionaries in charge of the self-defense force at the State enterprises;
5 days for the commanders of the self-defense force at the State agencies, administrative and non-business units and socio-political organizations.
2.-In case of urgent necessity or war the term for the training of the above-said units and persons may be extended as prescribed by the Government.
Section 3. COMBAT ACTIVITIES OF THE MILITIA AND SELF-DEFENSE FORCE
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STATE MANAGEMENT OF THE MILITIA AND SELF-DEFENSE FORCE
Article 22.- The State management of the militia and self-defense force consists of the following:
1. To organize the building and direct the activities of the militia and self-defense force;
2. To promulgate and direct the implementation of the legal documents on the militia and self-defense force;
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4. To control and inspect the observance of the legislation on the militia and self-defense force;
5. To make periodical and general reviews of the militia and self-defense work.
2. The Ministry of Defense shall assist the Government in exercising State management in terms of organization, building and activities of the militia and self-defense force; direct, guide and promote and control the implementation of the organization, building and activities of the militia and self-defense force by the ministries, ministerial-level agencies, agencies attached to the Government, the People's Committees at various levels, the economic organizations and socio-political organizations.
The commanders of the military zones shall assist the Ministry of Defense in the direct guidance, direction and control of the deployment of the militia and self-defense work in the provinces and cities directly under the Central Government within the territory of the military zone.
3. The ministries, ministerial-level agencies, agencies attached to the Government shall, within the purview of their tasks and powers, coordinate with the Ministry of Defense in exercising State management over the organization, building and activities of the militia and self-defense force; monitor and urge the grassroots units in their branches and services to build the self-defense force according to the plan of the local military agency and settle issues related to the organization, building and activities of the militia and self-defense force.
The local military agency shall coordinate with the concerned agencies and assist the People's Committee of the same level to exercise State management over the organization, building and activities of the militia and self-defense force.
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REGIMES AND POLICIES WITH REGARD TO THE MILITIA AND SELF-DEFENSE FORCE
2. The officers and members of the militia and self-defense force shall be deferred from the annual public service labor duty while taking part in the militia and self-defense force.
3. The officers and members of the militia and self-defense force while performing their duty of military training or standing combat ready or serving the fight, or preventing and combating and overcoming the consequences of natural camilities and enemy sabotage and other serious incidents shall enjoy the following regimes:
a/ A member of the militia shall enjoy an allowance equivalent to the value of a workday in his/her locality; a member of the self defense force shall receive his/her full wage and other allowances (if any) .
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c/ If he/she is wounded or dies while performing the task of fighting, serving the fight, preserving political security and social order and safety, or in courageously rescuing human lives or property of the State and the people, he/she or their families shall enjoy the preferential regimes and policies as provided for by law.
4. When an officer in the military command of the commune, ward or township attends a training course at the provincial military school, his family shall receive a daily allowance representing 10 percent of the minimum monthly wage.
a/ The allocation to the local defense budget from the State budget;
b/ The local budget including the commune, ward or township budget.
2. The annual expenditures for the building and activities of the self-defense force in the State agencies, administrative and non-business units, socio-political organizations shall be assured by the State budget.
3. The expenditures for the building and activities of the self-defense force in the enterprises shall be defrayed by the enterprises themselves and shall be accounted for in the expenditures on production management.
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ON BEHALF OF THE STANDING COMMITTEE
OF THE NATIONAL ASSEMBLY
Nong Duc Manh
- 1Decision No. 83/2006/QD-BQP, on the establishment of military commands of ministries, branches and central agencies and organizations, promulgated by the Ministry of National Defense
- 2Decree No. 121/2003/ND-CP of October 21, 2003, on regimes and policies towards commune, ward and district township officials and public employees
Ordinance No. 45-L/CTN of January 09, 1996, on the militia and self-defense forces
- Số hiệu: 45-L/CTN
- Loại văn bản: Pháp lệnh
- Ngày ban hành: 09/01/1996
- Nơi ban hành: Uỷ ban Thường vụ Quốc hội
- Người ký: Nông Đức Mạnh
- Ngày công báo: Đang cập nhật
- Số công báo: Đang cập nhật
- Ngày hiệu lực: Kiểm tra
- Tình trạng hiệu lực: Kiểm tra