What is militia and self-defense force? Functions and tasks of militia and self-defense forces in Vietnam

Regarding this matter, LawNet would like to answer as follows:

1. What is militia and self-defense force?

According to Clause 1, Article 2 of the Law on Militia and Self-Defense Forces 2019, militia and self-defense forces refer to mass armed forces not separated from production and work, called “militia” if organized locally and “self-defense forces” if organized in regulatory authorities, political organizations, socio-political organizations, public service providers and economic organizations (hereinafter referred to as “agencies and organizations”).

Currently, there are 5 kinds of militia and self-defense: (According to Article 6 of the Law on Militia and Self-Defense Forces 2019)

- On-site militia and self-defense forces refer to militia and self-defense forces operating in wards, communes, villages, hamlets and neighborhoods (hereinafter referred to as “villages”) and in agencies and organizations.

- Mobile militia and self-defense force refer to mobile militia and self-defense forces operating in many divisions according to decisions of competent authorities.

- Standing militia refers to standing forces operating in vital areas in terms of national defense.

- Marine militia and self-defense forces refer to militia and self-defense forces operating in islands and territorial waters of Vietnam.

- Anti-aircraft, artillery, scouting, information, engineering, chemical defense and medical militia and self-defense forces.

To be selected in militia and self-defense forces, the following standards must be met: (Clause 1, Article 10 of the Law on Militia and Self-Defense Forces 2019)

- Defined background;

- Stringent compliance with policies and viewpoint of the Communist Party, policies, regulations and law of government;

- Adequate health to perform tasks of militia and self-defense forces.

2. Functions and tasks of militia and self-defense forces in Vietnam

According to the provisions of Article 3 of the Law on Militia and Self-Defense Forces 2019, militia and self-defense forces are constituents of people’s armed forces; forces to protect the Communist Party, government, lives and assets of the people, local and central agencies and organizations; core forces combating enemies with the people in local and central divisions during wartime.

Thus, the militia and self-defense force in peacetime is the force that maintains political security and social order, while in wartime it acts as the core for the entire people to fight the enemy, directly fighting and serving in combat.

In addition to the above functions, militia and self-defense forces also perform the tasks specified in Article 5 of the Law on Militia and Self-Defense Forces 2019 as follows:

- Be ready to fight, fighting and assistance with fighting to protect local and central divisions, agencies and organizations.

- Cooperate with People’s Army, People’s Public Security and other forces within the division to protect sovereignty, security of national border, islands, territorial waters and airspace of Vietnam; participate in developing people-based national defense, national security defense and protection zones, ensure social security and safety, and participate in prevention and fight against crimes and violations as per the law.

- Conduct tasks regarding military training, political and law strengthening, sports games and drills.

- Participate in adopting measures regarding information warfare and cyberspace warfare according to regulations and law, and decisions of competent authorities.

- Prevent, counter and remediate consequences of disasters, accidents, natural disasters, diseases, fire and explosion; search and rescue; protect forests and environment and conduct other civil protection tasks as per the law.

- Publicize and mobilize the people to follow guidance and viewpoints of the Communist Party, policies and regulations and law of government on national defense and security; participate in developing local and central government strengthened, completed and adopt social policies.

- Conduct other tasks as per the law.

3. Cases of dismissal from militia and self-defense forces before time limit in Vietnam

According to Article 12 of the Law on Militia and Self-Defense Forces 2019, A citizen shall be dismissed from militia and self-defense forces in case:

- Female personnel of militia or self-defense force is pregnant or raising a child under 36 months old; male personnel of militia or self-defense force raising a child under 36 months old; or

- He/she has inadequate health to perform tasks of militia and self-defense forces; or

- His/her unexpected family hardships render inability to participate in militia and self-defense forces which is confirmed by Chairpersons of People’s Committees of communes and districts that do not have communes, heads of agencies and organizations; or

- He/she is conscripted for army or People’s Public Security; employed as a national defense official or policeman; or

- He/she receives letter of admission in higher education institution, vocational education institution, school of regulatory authority, political organization or socio-political organization; receives notice and travels abroad for work or study.

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