Lawnet would like to respond as follows:
According to the provisions of Article 23 of the Vietnam National Defense Law 2018, the people's armed forces include the following components:
- People's Army;
- People's Public Security;
- Militia and Self-Defense Force.
The People's Armed Forces of Vietnam are absolutely loyal to the Fatherland, the People, the Vietnam Communist Party, and the State.
- They have the duty of being ready to fight, fighting, serving combat, and protecting the independence, sovereignty, unity, and territorial integrity of the Fatherland, national security, and social order and safety;
- Protecting the People, the Vietnam Communist Party, the State, socialist policies, revolutionary achievements; contributing with the entire people to build the nation and fulfill international obligations.
Thus, according to the above provisions, the militia and self-defense force is part of the people's armed forces.
According to the provisions of Article 27 of the Vietnam National Defense Law 2018, the militia and self-defense force perform the following tasks:
- The militia and self-defense force is a mass armed force that does not disengage from production and work;
- It is the force that protects the Vietnam Communist Party, the government, the lives, and property of the People, and State properties at the local level;
- Ready to fight, fight, serve combat, and be a core force together with the entire people to fight against enemies at the local level during wartime;
- Participating in building the all-people national defense, the defensive areas, civil defense, protecting national security, ensuring public order and safety, and fighting against crime.
According to Article 24 of the Vietnam National Defense Law 2018, the principles of operation and the cases for using the people's armed forces are as follows:
- The operation of the people's armed forces must comply with the Vietnam Constitution 2013, Vietnamese laws, and international treaties to which the Socialist Republic of Vietnam is a party;
- Subject to the leadership of the Vietnam Communist Party of Vietnam, the command of the President, and the unified management of the Government of Vietnam.
The people's armed forces can be used in the following cases:
- During wartime or a state of emergency on national defense, as stipulated by the President's orders and other relevant legal provisions;
- In implementing martial law or curfew orders as stipulated in this Law and other relevant legal provisions;
- During emergencies caused by disasters, dangerous diseases, or situations threatening national security, public order, and safety, as stipulated by the laws on emergency situations and other relevant legal provisions;
- When there is a threat to national security, public order, and safety, but it does not yet reach the level of declaring a state of emergency, as stipulated by laws on national security and other relevant legal provisions;
- When participating in activities contributing to the protection of peace in the region and the world as decided by the Defense and Security Council;
- When there are complex situations concerning national security, public order, and safety; combating crime; participating in the prevention, response, and mitigation of incidents, natural disasters, and diseases, the use of the armed forces is regulated by the Government of Vietnam.
Thus, the people's armed forces can be used in cases of wartime, national defense emergencies; implementing martial law or curfew; emergencies due to disasters or diseases; dealing with threats to national security, public order, and safety; participating in peacekeeping in the region and internationally; and other cases as prescribed by the Government of Vietnam.
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