Luật quốc phòng năm 2018 số 22/2018/QH14 mới nhất

THE NATIONAL
ASSEMBLY
——–

THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
—————

Law No.
22/2018/QH14

Hanoi, June 8,
2018

LAW ON NATIONAL DEFENCE

Pursuant to the Constitution of the Socialist
Republic of Vietnam;

The National Assembly hereby issues the Law on
National Defence.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law provides for basic national defence
principles, policies and activities; state of war, state of national defence
emergency, martial law and curfew; people’s armed forces; national defence
assurance; duties and powers of regulatory entities and organizations; rights
and obligations of citizens regarding national defence.

Article 2. Interpretation

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1. National defence means the defense of the
nation with the combined strength of the whole nation in which the military
power is characteristic, the people’s armed forces are the core.

2. National defense potentiality means the
domestic and foreign human, physical, financial and spiritual capabilities that
may be mobilized for performance of national defense tasks.

3. Military means a special activity of the
society in the building of armed or armed combat forces of which the People’s
Army is designated as the core.

4. People’s war means an all-people and
total war in which the people’s armed forces play the core role in safeguarding
independence, sovereignty, unity and territorial integrity of the Homeland and
protecting the People and the Party, the State and the socialism.

5. All-people national defence posture means
organization and disposition of the national defence forces and potentialities
throughout the territory in conformity with an integrated strategic intent
which is in line with the strategy to succeed in preventing and dealing with
any hostile plots and acts, and to be ready to shift the country from peacetime
to wartime.

6. Homeland defense means a combination of
organization, preparation and practice of political, spiritual, economic,
cultural, social, scientific, technological, military, security and foreign
affairs to safeguard the Homeland.

7. Aggression means an act against
independence, sovereignty, unity and territorial integrity of the Homeland by
using armed forces or other means in breach of Vietnamese and international
laws.

8. Information war means a form of warfare,
including activities and measures to disable the enemy’s information system and
protect Vietnam’s information system.

9. State of war means a country’s special
social state declared during the period from the time when the aggression of
the Homeland occurs to the time when that act of aggression is actually ended.

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11. General mobilization means a measure to
mobilize all resources of the country against the aggressive war.

12. Local mobilization means a measure to
mobilize all resources of one or several localities in the state of national
defence emergency.

13. Disaster means naturally occurring
events or dangerous epidemics spreading on a large scale or catastrophic events
caused by human beings or as a result of war, all of which inflicts serious
damage on people, property and environment.

Article 3. National defence
principles

1. Abide by the Constitution and laws of the
Socialist Republic of Vietnam; be placed under the direct, absolute and
all-round leadership of the Communist Party of Vietnam, the centralized and
unified management of the State.

2. Consider strengthening and development of
national defense as a key and regular task, and consolidate the overall strength
of the whole nation and the entire political system in which the people’s armed
forces act as the core.

3. Build the all-people national defense and the
all-people national defense posture in association with the people’s security
and the people’s security posture.

4. Combine national defense with socio-economic
activities, and socio-economic and national defense activities.

5. Combine national defence with security and
external affairs.

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1. Consolidate and strengthen the all-people
national defense and military strength so as to build and firmly protect the
Vietnam’s socialist Homeland and contribute to the protection of peace in the
region and the globe.

2. Exercise independence, sovereignty, unity,
territorial integrity on land, islands, at sea and in the airspace; implement
the policy of peace and self-defense; use sound and proper measures to prevent,
deter, repel and defeat all plots and acts of aggression.

3. Carry out the defense external relation
activities in line with the foreign policy of independence, self-control,
peace, friendship, cooperation and development; prevent wars in any form;
actively and enthusiastically integrate and expand international cooperation,
defense dialogue and create an international environment favorable for building
and protection of the Homeland; disagree participation in military forces or
alliances with one party against the other; refuse to allow foreign entities to
establish their military bases or use the territory of Vietnam to attack other
countries; repulse threatening or use of force in international relations;
settle all disputes and discrepancies by peaceful means on the principle of
respect for independence, sovereignty, unity, territorial integrity,
non-interference in each other’s internal affairs, equality and mutual benefit;
comply with the Constitution, the laws of Vietnam and related international
treaties of which the Socialist Republic of Vietnam is a member.

4. Mobilize resources of domestic agencies,
organizations and individuals for the performance of national defense tasks.

5. Encourage and create favorable conditions for
agencies, organizations and individuals to provide material, financial and spiritual
support to national defense on the principle of voluntariness, not infringing
Vietnamese laws and conforming to international law.

6. Develop science and technology to build all
people’s national defense, the people’s armed forces, the national defense and
security industry to meet requirements of the task of building and defending
the Homeland.

7. The State shall adopt preferential policies for
agencies, organizations and individuals in the performance of defense tasks;
issue particular policies for the border areas, on offshore islands, strategic
and key regions and geographical areas that play crucial national defense
roles.

8. The State shall recognize meritorious work and
commends agencies, organizations and individuals that have made outstanding
achievements in the performance of national defense tasks.

Article 5. Citizen’s national
defence rights and obligations

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2. Citizens shall have the duty to be loyal to the
Homeland; perform military service; have obligations to join the militia and
self-defense force, to build all people’s national defense; submit to measures
of the State and competent persons in the performance of national defense tasks
under the provisions of this Law and other relevant laws.

3. Citizens shall have access to propaganda and
dissemination of the guidelines and viewpoints of the Communist Party of
Vietnam, the State’s policies and laws on national defense; national defense
and security education; training in knowledge and skills in civil defense
according to the provisions of law.

4. Citizens serving in the people’s armed forces or
mobilized for performance of the national defense duty, they and their
relatives shall enjoy legally required benefits and policies.

5. All citizens shall be entitled to equal
treatment in implementation of the national defence duty.

Article 6. Prohibited acts in
the national defence sector

1. Oppose independence, sovereignty, unity,
territorial integrity of the Homeland, the people, the Communist Party of
Vietnam, the State, the socialism, the building and safeguarding of the
Homeland.

2. Establish, participate in and sponsor armed
organizations in contravention of law.

3. Mobilize and use people, weapons, explosives,
support tools, equipment, and other means to carry out armed activities without
obtaining orders or decisions of competent authorities or not in the approved
training, drill and combat preparedness plans.

4. Fight against or hinder agencies, organizations
and individuals while they are performing their national defense tasks

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6. Practice the sex discrimination in the
performance of national defense tasks.

Chapter II

BASIC NATIONAL DEFENCE
ACTIVITIES

Article 7. All-people national
defence

1. The all-people national defense is the national
defense strength of the country, built on the political, spiritual, human,
material and financial foundation of the people, and having the characteristics
of all-people, comprehensiveness, independence, self-reliance and self-support.

2. Basic tasks of building the all-people national
defence shall encompass the followings:

a) Formulate the Homeland protection strategy,
Homeland defence plan; research and develop Vietnamese military art; build all
people’s great solidarity and the strong political system;

b) Build up the national defence strength and
potentiality; build up the people’s armed forces which are strong, have high
fighting force and are designated as the core in performing the task of
protecting the Homeland;

c) Build material and technical facilities; develop
the national defense and security, military science and technology industry;
mobilize the scientific and technological potentials of the State and people to
serve national defense requirements; apply appropriate scientific and
technological achievements to the construction of the country;

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dd) Build the military region-based defence and solid
and comprehensive defense zones which form the nation’s defense; consolidate
and strengthen the national defense and security potentialities in key and
strategic areas, at sea, on islands, and in border and other important areas;
build the all-people national defense posture in association with the people’s
security posture across the nation;

e) Formulate and organize the implementation of
plans and measures to deal with information war and cyberwar;

g) Formulate and organize the implementation of civil
defense plans and measures throughout the nation;

h) Perform defence external relation activities;

i) Combine national defense with socio-economic
activities, and socio-economic and national defense activities; combine
national defense with security and external relations;

k) Formulate and ensure regimes and policies for
the people’s armed forces and relatives of those serving in the people’s armed
forces;

l) Propagate and disseminate the guidelines and
viewpoints of the Communist Party of Vietnam, the State’s policies and laws on
national defense; provide national defense and security education.

Article 8. Military region
defence

1. Military region defence is an integral part of
the nation’s defense, including such activities as building strength, defense
potentialities, all-people national defense posture and defense zones to
perform national defense tasks within the military region.

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a) Plan, prepare and implement military region defense
activities;

b) Build affiliates and units of the strong and
comprehensive military zone with high combat capability, and the militia and
self-defense forces in a military region which are strong and widespread;

c) Plan, direct and guide the affiliates and units
of the military region; collaborate with the concerned agencies, organizations,
units and localities in the implementation of civil defense activities and
measures regarding information warfare and cyberwarfare;

d) Direct, guide and cooperate in the construction
of defense zones in an interconnected, firm and comprehensive and all-inclusive
pattern; build the all-people national defense and the all-people national
defense posture associated with the people’s security and security posture in a
military region;

dd) Direct, guide and cooperate with localities in
combining socio-economic development with national defense and, vice versa,
national defense with socio-economic development, in working out planning
schemes, plans and projects and taking part in the assessment within their
competence; combine national defense with security and foreign relation
affairs; participate in the building and development of national defense and
security industry; build and manage the designated economic-defense zones;
provide national defense and security education; propagate and disseminate the
law on national defense; formulate and implement national defense mobilization
plans; adopt military logistics policies and preferential policies for people
with meritorious services to the revolution in a military region;

e) Cooperate with affiliates and subsidiaries of
the Ministry of Defense, localities and concerned agencies and organizations in
performing the State management over national borders; maintain security, social
order and safety in the boundary areas, border gates, on islands, territorial
sea and in the airspace of the Socialist Republic of Vietnam in a military
region; perform defense foreign relation activities;

g) Cooperate with localities, relevant agencies and
organizations in directing and guiding affiliates and subsidiary units of a
military region to participate in building the political system, all people’s
great solidarity and making them become strong and all-round;

h) Cooperate with affiliates and subsidiary units
of the People’s Police and other forces in the protection of national security
and maintenance of social order and safety, and prevention and control of
crimes;

i) Perform other tasks assigned by the Government,
the Prime Minister and the Minister of National Defence.

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Article 9. Defence zone

1. The defense zone is an integral part of the
military region defense, including political, spiritual, economic, cultural,
social, scientific, technological, military, security and external activities;
is organized by provinces, districts, and special administrative-economic units
with commune-level construction works used as the foundation for protecting a
locality.

2. Duties of a defence zone shall include the
followings:

a) Formulate and organize the implementation of
defense zone plans;

b) Build political, spiritual, economic, cultural,
social, scientific and technological, military, security and external relation
potentialities; build the all-people national defense, the all-people national
defense posture in association with the people’s security and the people’s
security posture;

c) Build up a strong and comprehensive local armed
force with high combat capabilities which can play a pivotal role in performing
national defense, military and security tasks;

d) Firmly grasp the situation, take measures to
prevent, fight and defeat all plots, anti-demolition activities of hostile
forces, protect national security and ensure social order and safety, prevent
and fight crimes, create favorable environment for socio-economic development;
fight for protection of the localities, create the position and power of the
regular troops in combat in the area; get ready to send necessary manpower and
materials to other localities;

dd) Plan, direct and guide the affiliates and units
in the area; collaborate with the concerned agencies, organizations, units and
localities in the implementation of civil defense activities and measures
regarding information warfare and cyberwarfare;

e) Make inclusive preparations, execute orders, decisions
and measures in the state of curfew, martial law, state of national defense
emergency, state of war, local mobilization, general mobilization, and meet
combat requirements and serve long-term fighting requirements at localities; be
willing to arm all people to safeguard the Homeland;

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h) Perform other tasks assigned by competent
authorities.

3. The defense zone of Hanoi capital is an
integral part of the Homeland defense, carrying out the duties stipulated in
clause 2 of this Article, and establishing units and affiliates of regular
troops of the Capital High Command which are strongly comprehensive and have
high combat capabilities.

4. The Government shall regulate the direction,
command, cooperative relationship, maintenance of, and responsibilities of
agencies and organizations for, defense zones.

Article 10. National defence
and security education

1. National defense and security education shall be
carried out nationwide with contents, forms and methods appropriate for each
receiver of such education.

2. Tasks of national defence and security education
shall include the followings:

a) Provide national defense and security education
for pupils, students and learners at educational establishments of state
agencies, political organizations, socio-political organizations and those
belonging to the national education system;

b) Provide training in national defense and
security knowledge for trainees in the State agencies and organizations,
political organizations, socio-political organizations, managers of non-public
sector enterprises, non-state public service enterprises, typical individuals
and renowned persons in the community;

c) Spread national defence and security knowledge
amongst the population.

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Article 11. Defence mobilization

1. Defence mobilization is a combination of
activities and measures to mobilize all resources of the nation or a number of
localities for national defense and Homeland defense activities.

2. Tasks of defence mobilization shall include the
followings:

a) Mobilize all resources of the national economy
to ensure national defense;

b) Mobilize resources to meet the defense needs in
the first year of war;

c) Build and mobilize the reserve force; build and
expand the militia and self-defense force;

d) Carry out industrial mobilization;

dd) Shift the organization and operation of
ministries, central sectoral administrations and localities from peacetime to
wartime;

e) Fulfill other duties regulated by relevant laws.

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Article 12. National defence
and security industry

1. National defense and security industry is an
integral part of the national industry, an important part of the real power and
potentiality of the national defense and security, and is a particular
discipline tasked with research, development, production, repair, improvement,
modernization of weapons, equipment, supplies, technical equipment and other
products serving national defense and security demands to ensure furnishment of
equipment for the people’s armed forces.

2. The State shall have particular policies and
mechanisms to build the national defense and security industry following the
direction of dual-use, and becoming key in the national industry; enhance the
potentials and take full advantage of and develop the linkage between the
national defense industry, security and the industry serving the people’s life;
mobilize to the utmost the achievements of the national industry serving the
national defense and security industry’s needs; make key investments in weapons
and high technology equipment; promote the internal strength and expand
international cooperation.

3. The Government shall direct the formulation of
planning schemes, plans and projects for development of the national defense
and security industry to meet the requirements and tasks of the people’s armed
forces and of the building and protection of the Homeland.

4. Principles, policies, tasks, operational organization,
planning, plans, resources, responsibilities and powers of agencies and
organizations shall be subject to the provisions of legislation on the national
defense and security industry, and other relevant provisions of law.

Article 13. Civil defence

1. Civil defense is an integral part of the
Homeland defense, including measures to prevent and repulse the dangers of war;
prevent, repulse and mitigate the consequences of disasters, incidents, natural
calamities and epidemics; protect the people, agencies, organizations and the
national economy.

2. Tasks of the civil defence shall include the
followings:

a) Formulate civil defense mechanisms and plans;

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a) Build a system of civil defence facilities;

d) Set up a system for receiving, processing
information, studying forecasts, warnings, notifications and alerts;

dd) Implement civil defence measures.

3. The civil defence force shall be composed of the
followings:

a) The core force including the militia and
self-defense force; Police of communes, wards and townships; the full-time or
part-time units of the People’s Army, the People’s Police and other ministries
and branches at the central or local level;

b) The widespread force joined by the people.

4. The Government shall issue specific regulations
of this Article.

Article 14. Defense foreign
relation affair

1. Defense foreign relation affair shall aim to
implement the Communist Party’s and State’s guidelines and policies in order to
promote the nation’s combined strengths for building and protection of the
Homeland, contributing to ensuring peace and national independence, democracy
and social progress in the world.

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0906 22 99 66

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a) Establish and develop defense relations with
sovereign states and international organizations;

b) Build and expand friendship and international
cooperation; conduct defence dialogues; build and consolidate mutual
understanding, trust and solidarity between the Vietnam People’s Army and the
armies of other countries in the world;

c) Participate in the establishment and
implementation of bilateral, multilateral, regional, inter-regional and global
defense mechanisms for the purpose of peace, stability and development;

d) Carry communication on defence foreign
relations.

3. Principles, contents and forms of defense
foreign relations as well as the responsibilities and powers of agencies and
organizations shall comply with the provisions of law.

Article 15. Combination of the
national defense with socio-economic development activities, and of
socio-economic development activities with the national defense

1. The combination of the national defence with
socio-economic development activities, and vice versa, means the connection
between all national defence activities and those in different socio-economic
industries and sectors under the uniform state management and administration
with the aim of contributing to consolidating and strengthening national
defence and socio-economic development.

2. Tasks of the combination of the national defense
with socio-economic development activities, and of socio-economic development
activities with the national defense, shall include the followings:

a) The State shall work out plans and programs for
combining the national defense with socio-economic development activities, and
of socio-economic development activities with the national defense, in line
with the socio-economic development and Homeland defense strategy over periods
of time;

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c) The Ministry of National Defense shall assume
the prime responsibility for, and coordinate with concerned agencies and
organizations in, working out plans regarding national defense demands and the
capability to combine the national defense with socio-economic development
activities in peace time, the state of defence emergency and the state of war;
organize and build economic-defense zones; organize and manage the operations
of defense service enterprises and military units assigned to perform economic
tasks in combination with national defense activities under the provisions of
law and in line with the tasks of building and protecting the nation;

d) Ministries, sectoral administrations and
localities must, upon formulating strategies, planning schemes, plans and
projects, receive consultations from and apply for assessments by the Ministry
of National Defense according to the provisions of the Planning Law and the
Investment Law and other relevant provisions of law;

dd) Agencies, organizations and individuals must,
when carrying out production, business and investment activities as well as
scientific and technological research and application, comply with the
requirements concerning the combination of socio-economic development
activities with national defence maintenance as required by relevant laws;

e) A number of investment projects to be built in
key defense areas must be of dual use and ready to be transformed to satisfy
national defense demands.

3. The Government shall issue specific regulations
of this Article.

Article 16. National defence
tasks of ministries, central sectoral administrations and local authorities

1. National defense tasks of ministries, central
sectoral administrations and local authorities are the tasks of leading,
directing, managing and administering and organizing the performance of defense
tasks within their competence.

2. Ministries and central sectoral administrations
shall establish the military steering committee working under the part-time
employment regime in order to perform national defence tasks.

3. Localities must have the national defence
standing body which is the local military organ at the same level.

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Chapter III

STATE OF WAR, STATE OF
NATIONAL DEFENCE EMERGENCY, MARTIAL LAW AND CURFEW

Article 17. Declaration,
announcement and abolishment of the state of war

1. When the nation is invaded, the National
Assembly shall make a decision on state of war.

When the act of aggression is terminated in
reality, the National Assembly decides to abolish the state of war.

2. In cases where the National Assembly is unable
to convene a meeting, the National Assembly Standing Committee shall decide
whether the state of war is declared and report to the National Assembly to
seek its decision in its nearest session.

3. Pursuant to the Resolution of the National
Assembly or the National Assembly Standing Committee, the State President shall
declare and abolish the decision on declaration of state of war.

Article 18. Promulgation,
announcement and abolishment of the state of national defence emergency

1. When a defense emergency occurs, the National
Assembly Standing Committee shall decide to declare the state of national
defense emergency throughout the nation or in each locality upon the request of
the Prime Minister.

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2. Pursuant to the Resolution of the National
Assembly Standing Committee, the State President shall issue the decision on
promulgation and abolishment of the state of national defence emergency
throughout the nation and in each locality.

In cases where the National Assembly Standing
Committee fails to convene a meeting, the State President shall promulgate and
abolish the state of national defense emergency throughout the nation or in
each locality upon the request of the Prime Minister.

3. The Government shall regulate enforcement of the
decision on promulgation, announcement and abolishment of the state of national
defence emergency.

Article 19. General
mobilization and local mobilization

1. When there is a decision to declare the state of
war or to declare a state of national defense emergency, the National Assembly
Standing Committee shall consider and decide the general mobilization or local
mobilization.

2. Based on the resolution of the National Assembly
Standing Committee, the State President shall issue the order for general or
local mobilization.

3. The general mobilization order shall be
promulgated nationwide; carry out the entire defense defense plan; shift from
the socio-economic activities of the nation to assurance of implementing the
combat missions, meeting combat demands and satisfying defense needs in the
state of war.

When performing the general mobilization order, the
People’s Army and the militia and self-defense force shall be shifted to a
state of readiness to fight and expand the militia and self-defense force as
prescribed by the Minister of National Defense, shall be provided with logistic
and technical equipment; meanwhile, the people’s army shall be provided with
more reserve military personnel.

4. The local mobilization order shall be
promulgated in one or several localities and applied to concerned agencies,
organizations and individuals for the implementation of national defense
mobilization plans; shift from the socio-economic activities of the locality
subject to mobilization to assurance of implementation of the combat missions,
readiness to fight and national defense needs.

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5. When there is neither the state of war nor the
state of national defense emergency, the National Assembly Standing Committee
shall decide whether the general mobilization or local mobilization is
abolished.

6. Based on the resolution of the National Assembly
Standing Committee, the State President shall issue the order for the general
or local mobilization.

Article 20. Powers of the
Minister of National Defence in the state of war and state of national defence
emergency

1. Pursuant to the decision to declare the state of
war or the decision on the proclamation of the state of national defense
emergency, the general or local mobilization order, the Minister of National
Defense may issue special orders to ensure implementation of combat missions at
combat zones.

2. The heads of local authorities, agencies and
organizations where hostilities occur must obey the special orders of the
Minister of National Defense.

Article 21. Martial law

1. Martial law is a definite-term special state
management measure implemented by the Army.

2. When the political security, social order and
safety in one or several localities are so seriously violated that their
competent authorities have no longer taken control of the situation, the State
President shall issue the martial law order upon the request of the Government.

3. The martial law order must specify the province,
district, commune level, special administrative-economic unit subject to the
martial law, measures and effect; define the tasks and powers of agencies,
organizations and individuals; set the social order rules that are necessary in
the locality subject to the martial law, and are regularly published on the
mass media.

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5. During the time of martial law, the state management
exercised at the locality subject to the martial law shall be assigned to
military units. The commanders of military units assigned to manage the
locality subject to the martial law may order the application of special
measures prescribed in Clause 6 of this Article and other necessary measures to
execute martial law orders, and bear the responsibility for the application of
such measures. The commander of the military unit authorized to manage the
provincial-level locality subject to the martial law shall be entitled to
purchase and requisition any property. Purchase and requisitioning of property
shall be subject to provisions set forth in the Law on Purchase and
Requisitioning of Property.

6. Special measures applied during the time of
martial law shall include:

a) Prohibition or restriction of movement of people
and vehicles; suspension or restriction of activities at public places;

b) Ban on all forms of public protests, such as
strikes, demonstrations or riots of workers, vendors or students, etc., and
protest rallies;

c) Arrest of individuals and organizations causing
harms to national defence and security, and compulsion of them to leave or
forbidding them from leaving their residence or any specified place;

d) Mobilization of people and vehicles of any
entity, organization or person;

dd) Imposition of measures for special management
of weapons, explosive materials, military equipment, flammable substances,
toxins and radioactive substances; strict control of information technology
infrastructure, communications equipment, activities of news agencies,
publishers, print and copy shops, and information collection and use.

7. All activities of the locality subject to the
martial law must comply with martial law orders and special measures.

8. Criminal proceedings occurring in a locality
during the execution of martial law order shall be subject to the provisions of
the Criminal Procedure Code.

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10. The Government shall regulate duties and powers
of the commanders of military units, agencies, organizations and localities
regarding the implementation of the martial law and the order for abolishment
of the martial law.

Article 22. Curfew

1. Curfew is a measure to prohibit or restrict
people and means of transport from travelling or moving at certain specific
hours in certain areas, unless otherwise permitted by the person mandated to
organize the implementation of a curfew.

2. A curfew shall be promulgated in the event that
the situation of political security, social order and safety in one or a number
of localities is complicated and threatens to cause serious instability and is
published continuously on the mass media.

3. Authority to issue the curfew order shall be
regulated as follows:

a) The Prime Minister shall be accorded authority
to issue the curfew order in one or a number of provincial-level localities;

b) The provincial-level People’s Committee shall be
accorded authority to issue the curfew order in one or a number of
district-level localities;

c) The district-level People’s Committee shall be
accorded authority to issue the curfew order in one or a number of
commune-level localities;

d) The People’s Committee of the special
administrative – economic unit shall be accorded authority to issue the curfew
order in one or a number of areas within its jurisdiction.

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a) Curfew zones;

b) In-charge unit and duties to execute the curfew
order;

c) Effective period from commencement to
termination of a curfew which shall not exceed 24 hours; Upon expiry of a
curfew order, if it is necessary to continue, a new curfew order shall be
issued;

d) Tasks and powers of agencies, organizations and
individuals in curfew zones;

dd) Necessary social order rules to be observed at
curfew zones.

5. Measures applied during the effective period of
a curfew shall include:

a) Prohibition of large crowds;

b) Ban on travelling of people, movement of
vehicles at certain specific time and in specified areas;

c) Suspension or restriction of activities at
public places at certain specified time;

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dd) Prompt arrest and handling of persons and means
that violate the curfew order and other provisions of law.

6. The Government shall regulate the order in which
a curfew is promulgated; responsibilities and powers of the concerned agencies,
organizations, localities in execution of the curfew order.

Chapter IV

PEOPLE’S ARMED FORCE

Article 23. Composition and
tasks of the people’s armed force

1. The people’s armed force shall be composed of
the People’s Army, the People’s Police and the Militia and self-defense force.

2. People’s Armed Forces shall be absolutely loyal
to the Homeland, the People, the Communist Party and the State; have the duty
to be ready to fight, fight, serve a combat, defend the independence,
sovereignty, unity, territorial integrity of the Homeland, national security,
social order and safety; protect the people, the Communist Party, the State,
the socialist regime and revolutionary achievements; join hands with the people
to build the country and carry out international obligations

Article 24. Functional
principles and cases of use of the people’s armed force

1. The activities of the people’s armed force must
comply with the Constitution, laws and treaties to which the Socialist Republic
of Vietnam is a contracting party; shall be put under the leadership of the
Communist Party of Vietnam, the command of the State President and the unified
management of the Government.

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a) In the state of war or the state of national
defense emergency, the order of the State President and other relevant
provisions of law shall be observed;

b) Upon exercising the martial law or curfew order,
provisions of this Law and other relevant provisions of law shall prevail;

c) In the state of emergency due to disasters,
dangerous epidemics or serious threats to national security and social order
and safety, the provisions of laws on emergency state and other relevant
provisions of law shall prevail;

d) Where there is a threat to national security or
social order and safety which is not so serious that the state of emergency is
promulgated, the provisions of laws on national security and other relevant
provisions of law shall prevail;

dd) On participating in activities contributing to
the protection of peace in the region and the world, the decisions of the
National Defense and Security Council shall be obeyed;

e) In case of complicated situations of national
security, social order and safety; fighting against crime; participation in the
prevention, combat and mitigation of consequences of incidents, natural
disasters, epidemics, the use of the armed force shall be regulated by the
Government.

Article 25. People’s army

1. The people’s army is the core of the people’s
armed forces in the performance of national defense tasks, including the
permanent standing force and the reserve force. The permanent standing force of
the People’s Army shall comprise the regular troop and the local troop.

December 22 is the annual traditional day of the
People’s Army and the All-people National Defense’s Day.

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3. The people’s army shall assist the state in
building the people’s army to become revolutionary, regular, elite and
gradually modern, and have rationally-structured permanent forces, and a
powerful and mighty Militia and Self-defence Force; building several forces to
directly advance to modernity.

4. Organizational structure, tasks, service regime
and regimes and policies of the people’s army shall comply with the provisions
of the Law on Officers of the Vietnam People’s Army, the Law on Military
Professionals, National Defense Workers and Officers, and the Law on Military
service and other relevant provisions of law.

Article 26. People’s police

1. The people’s police is the core of the people’s
armed force in performance of duties to protect national security and maintain
social order and safety, and fight for prevention and control of crimes.

2. Functions, tasks, organizational structure,
commanding, assurance of operations, service regimes and regimes and policies
of the people’s police shall comply with the provisions of the Law on People’s
Police and other relevant provisions of law.

3. The State shall build a revolutionary, regular,
elite and gradually modernized police force; prioritize the modernization of
some forces.

4. The people’s police shall have to cooperate with
the people’s army and the militia and the self-defense force in performing
national defense tasks. The cooperation between the People’s Police, the
People’s Army and the militia and self-defense force shall be subject to the
Government’s regulations.

Article 27. Militia and
self-defence force

1. The militia and self-defense force shall be the
armed force of people that are not freed from production or business
activities; is the force that protects the Communist Party, the State, the life
and property of the people, the property of the State available in the
localities and grassroots-level areas; shall be ready to fight, fight, serve
combats and acts as the core to join hands with the people to fight the enemy
in localities or grassroots-level areas when the war occurs; shall participate
in the building of the all-people national defense, defense zones, civil
defense, and the protection of national security and the maintenance of social
order and safety, the fight for prevention and control of crimes.

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3. Organization, tasks, service regimes and regimes
and policies of the militia and self-defense force shall be subject to the
provisions of the Militia and Self-Defense Force Law and other relevant law
provisions

Article 28. Commanding of the
People’s Army, the People’s Police and the Militia and self-defense force

1. The People’s Army, the People’s Police and the
Militia and self-defense force shall have the commanding system organized under
law.

2. The Minister of National Defence shall be the
chief commander of the Militia and self-defense force.

3. The Minister of Public Security shall be the
chief commander of the people’s police.

Chapter V

FULFILLMENT OF NATIONAL
DEFENCE REQUIREMENTS

Article 29. Fulfillment of
manpower requirements

1. Vietnamese citizens are the main national
defence personnel.

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Article 30. Fulfillment of
financial resource requirements

1. The State shall guarantee that the national
defense budget is subject to the provisions of law on the state budget;
prioritize investment in border areas, islands, strategic regions, key and
strategic defense areas, and investment in a number of forces of the People’s
Army towards direct modernity.

2. Economic organizations shall provide funds for
the performance of defense tasks according to the provisions of law

Article 31. Fulfillment of
property requirements for the national defence affair

1. Property used for national defense purposes are
public property under the unified state management and shall include the
followings:

a) Public property assigned to agencies,
organizations and units of the People’s Army and the militia and self-defense
force, including special property, dedicated property and property used for
meeting the needs of the national defense management according to the
provisions of the Law on Management and Use of Public Property, the Land Law
and other relevant provisions of law;

b) Property purchased, requisitioned, mobilized and
others assigned by the State for the management of the Ministry of National
Defense, agencies, organizations and localities for defense purposes according
to the provisions of law.

2. The State shall formulate plans to build
national reserves to ensure fulfillment of national defense requirements. The
management and use of national reserves for such purpose shall comply with the
provisions of law on national reserves.

Article 32. Fulfillment of
national defence requirements in the socio-economic and external relation
affair

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2. Ministries, central sectoral administrations and
provincial-level People’s Committees shall, within the ambit of their
respective tasks and powers, coordinate with the Ministry of National Defense
and concerned agencies and organizations in working out plans to ensure provision
of necessary resources for national defence activities and organizing
implementation of these plans in accordance with the provisions of this Law and
other relevant provisions of law.

3. The State shall formulate planning schemes,
plans and build the system of national defense projects, military zones,
ammunition depots, and the national defense and security industry; the system
of national defense and security education centers; formulate planning schemes
and plans for use of national defense land; work out plans for the construction
of the national defense-economic zones throughout the nation.

Article 33. Fulfillment of
requirements necessary for implementation of activities of the people’s armed
force

The State shall ensure satisfaction of the financial
and property demands for national defense and security purposes, and issue
preferential treatment policies and regimes suitable to the particular
characteristics of the people’s armed force.

Chapter VI

DUTIES AND POWERS OF
AGENCIES AND ORGANIZATIONS REGARDING THE NATIONAL DEFENCE AFFAIR

Article 34. Duties and powers
of the Government

1. The Government shall exercise the unified State
management over the national defense affair; perform tasks and exercise powers
according to the provisions of the Constitution and relevant laws.

2. Tasks of the State management of national
defence shall comprise the followings:

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b) Formulate and organize the implementation of
defense strategies and policies; build the all-people national defense,
Homeland defense plans, plans for national defense mobilization and fulfillment
of requirements for implementation of national defense and the armed force’s
activities;

c) Organize and direct the performance of national
defense tasks; execute orders and decisions of competent authorities and
necessary measures to protect the Homeland;

d) Propagate and disseminate the guidelines and viewpoints
of the Communist Party of Vietnam, the State’s policies and laws on national
defense; provide national defense and security education;

dd) Carry out the national defense foreign relation
affair;

e) Examine, inspect and settle complaints, denunciations,
preliminary and final review, commendation and handling of violations against
the national defense law.

Article 35. Duties and powers
of the Ministry of National Defence

The Ministry of National Defense shall be
responsible to the Government for exercising the State management over the
national defense affair, and shall have the following duties and powers:

1. Advise and assist the National Defense and
Security Council;

2. Preside over, and cooperate with the Ministry of
Foreign Affairs and the Ministry of Public Security in, taking responsibility
before the Government for performing the State management over national
borders; maintain security, social order and safety in border areas, border
gates, islands, waters and airspace of the Socialist Republic of Vietnam
according to the provisions of Vietnamese law and international treaties to
which the Socialist Republic of Vietnam is a member state;

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4. Build, manage and command the People’s Army and
the militia and self-defense force in the performance of national defense
tasks;

5. Direct and guide ministries, central sectoral
administrations and localities to build the all-people national defense,
military region defence, defense zones and national defense affair.

Article 36. Duties and powers
of Ministries and central sectoral administrations

Ministries and central sectoral administrations
shall, within the ambit of their tasks and powers, collaborate with the
Ministry of National Defense in the State management over national defense and
shall have the following tasks and powers:

1. Promulgate or submit to competent authorities
for promulgation legislative documents, directive and instructional documents
on the implementation of national defense tasks according to the provisions of
this Law and other relevant law provisions;

2. Preside over, and collaborate with the Ministry
of Defense and concerned agencies and organizations in, combining
socio-economic development activities, security and external relations with the
national defense of sectors or domains assigned to them in accordance with the
strategy for safeguarding the Homeland;

3. Cooperate with the Ministry of National Defense
in organizing the implementation of national defense strategies, planning
schemes, plans and projects according to assigned tasks;

4. Participate in the building of the all-people
national defense and the all-people national defense posture in association
with the people’s security, the people’s security posture, defense zones and
the people’s armed forces according to the provisions of law, directions and
instructions given by competent authorities;

5. Preside over, or cooperate with the Ministry of
National Defense in, carrying out periodical or extraordinary inspection,
examination, preliminary or final review of implementation of national defense
tasks;

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Article 37. Duties and powers
of People’s Councils at all levels

People’s Councils at all levels shall, within the
ambit of their duties and powers, have the following national defence duties
and powers:

1. Decide measures to ensure implementation of
national defence tasks as stipulated by law;

2. Decide guidelines and measures to promote the
potentialities of their localities in building the all-people national defense
and the all-people national defense posture associated with the people’s
security and the people’s security posture which are strong, and building the
national defence potentialities and defence zones which are steadfast and
comprehensive;

3. Decide policies and measures to build the
militia and self-defense force and the reserve force; decide policies and
measures to combine the national defense affair with socio-economic development
activities, and vice versa socio-economic development activities with the
national defense affair, and combine the national defense affair with security
and foreign relation issues of localities;

4. Pursuant to the orders of the State President,
decide policies and measures to perform the tasks required in the state of
national defense emergency; shift activities of localities to the state of war;

5. Decide the budget for ensuring implementation of
national defence activities of localities;

6. Supervise the compliance with the Constitution
and laws, and the implementation of resolutions of the People’s Councils on
national defense in their respective localities;

7. Implement other national defence duties and
powers as stipulated by law.

…

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(028) 3930 3279

DĐ:

0906 22 99 66

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People’s Committees at all levels shall, within the
ambit of their tasks and powers, exercise the State management over national
defense at their localities and shall have the following duties and powers:

1. Issue legislative documents under their
competence on organizing implementation of national defense tasks according to
the provisions of law and resolutions of the People’s Councils of the same
level and the tasks assigned by competent authorities in relation to the national
defence at their localities;

2. Direct and organize the building of the
all-people national defense and the al-people national defense posture in
association with the people’s security and the people’s security posture; build
the real power and national defense potentiality; build firmly comprehensive
defense zones; build the local people’s armed forces; implement national
defense and security education activities; recruit and call up citizens to join
the army, receive and create favorable employment conditions for demobilized
servicemen; cooperate with relevant agencies, organizations and units of the
people’s armed forces in building the military region defense system according
to the provisions of law;

3. Submit to the People’s Council of the same level
the budget estimates for implementation of national defense activities; direct
and organize the implementation of resolutions of the People’s Councils of the
same level on provision of the adequate budget for defense activities in their
respective localities;

4. Direct and organize the building, training and
operation of, and ensure regimes and policies for, local military troops,
reserve forces, militia and self-defense forces;

5. Preside over or cooperate in the building,
management and protection of national defense projects, military zones,
economic-defense zones in their respective localities; implement civil defense
measures, military logistics policy and incentive policies for people with
meritorious services to the revolution; provide manpower, material resources
and finances for the people’s armed forces operating in the localities in the
state of emergency, the state of national defence emergency of defense and the
state of war;

6. Implement other national defence duties and
powers as stipulated by law.

Article 39. Duties and powers
of Vietnam Fatherland Front Committee and its member organizations

Vietnam Fatherland Front Committee and its member
organizations shall, within the scope of their respective tasks and powers,
cooperate with the Ministry of National Defense and concerned agencies and
organizations in raising the people’s awareness of compliance with legislation
on national defense; supervise implementation of national defense laws by
agencies, organizations and individuals.

…

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để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

IMPLEMENTARY PROVISION

Article 40. Entry into force

1. This Law shall enter into force on January 1,
2019.