Do militia and self-defense forces have right to direct traffic in Vietnam?

Do militia and self-defense forces have right to direct traffic in Vietnam?

Clause 25, Article 3 of the Law on Road Traffic 2008 provides as follows:

25. Person directing traffic means traffic police or person tasked to direct traffic at a place where road construction is underway, or traffic is congested, at a ferry landing stage and at a road bridge with a railroad track.

In Article 5 of the Law on Militia and Self-Defense 2019, tasks of militia and self-defense forces are as follows:

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

2. 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.

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

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

5. 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.

6. 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.

7. Conduct other tasks as per the law.

Thus, according to current regulations in Vietnam, if you participate in the militia and self-defense service, you are supported and coordinated with the police force and other forces to guide and regulate traffic when required. 

What are regulations on benefits and policies for militia and self-defense forces on missions in Vietnam?

In Article 34 of the Law on Militia and Self-Defense 2019, benefits and policies for militia and self-defense forces on missions are as follows:

1. Benefits and policies for militia and self-defense forces on missions are prescribed as follows:

a) On-site militia, mobile militia, anti-aircraft, artillery, scouting, information, engineering, chemical defense and medical militia shall receive benefit for labor days and guaranteed allowances; receive benefits for being on missions from 10 p.m to 6 a.m the following day, days of rest, holidays, involve in heavy, toxic, dangerous matters or particularly heavy, toxic and dangerous matters according to regulations and law on labor; receive benefit for additional labor days in case of extended period of militia and self-defense forces.

Receive special allowance for going on missions at seas; assigned with places to rest, provided with means of transport, travelling fees or paid for train and coach tickets for arrival and return when going on missions away from residence lacking conditions for daily commute;

b) Marine militia shall receive interest and policies specified in Point a of this Clause; receive allowance for labor days and additional allowances while on missions to protect islands and territorial waters; captains and chief engineers shall receive responsibility allowance for actual number of days at sea;

c) Standing militia shall receive benefits and policies specified in Point a of this Clause; receive one-time benefit after being recognized for completion of active military duty during peacetime; receive social insurance and health insurance similar to non-commissioned officers and soldiers of People’s Army of Vietnam on active duty; assigned with places for daily routines.

2. Self-defense forces going on missions shall receive full salary, financial well-being, allowances, fees, benefits and policies as per the law; marine self-defense forces protecting islands and territorial waters shall receive additional salary, bonuses according to ranks and allowances for actual number of days at sea.

3. Authorities shall be responsible for ensuring benefits and policies for the militia and self-defense forces that they send on missions.

4. Government shall regulate base amount of benefits and allowances for each compositions of militia and self-defense forces specified in this Article.

According to this Article, if you are a militia and self-defense force on duty, you are entitled to the above-mentioned benefits and policies in accordance with the law in Vietnam.

In which case can citizens be delayed from participation in militia and self-defense forces in Vietnam? 

In Clause 1, Article 11 of the 2019 Militia and Self-Defense Law, delay and exemption from participation in militia and self-defense forces during peacetime are as follows:

1. A citizen shall be delayed from participation in militia and self-defense forces in case:

a) She is pregnant or raising a child under 36 months old; he is raising a child under 36 months old; or

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

c) He/she has a spouse who is an officer, professional servicemen, official, national defense employee, non-commissioned officer or soldier serving in People’s Army; or

d) He/she has a spouse who is an officer, non-commissioned officer, soldier or policeman serving for People’s Public Security; or

dd) He/she has a spouse who is official or youth volunteer assigned to extremely disadvantaged socio-economic area according the law provisions; or

e) He/she is the only breadwinner in a poor or near poor household; person directly taking care of relatives incapable of working or not in the age for working; person within a household heavily damaged in terms of humans and assets due to accidents, disasters or diseases confirmed by Chairperson of commune or district that do not have communes, or head of agency or organization where he/she lives; or

g) He/she is a spouse, child of sick soldiers, people infected with dioxin and suffering labor capacity reduction from 61% to 80%; or

h) He/she is studying in education institutions of regulatory authorities, political organizations, socio-political organizations and education institutions of formal education systems; he/she is working or studying abroad.

The above are cases where the performance of the obligation to join the Militia and Self-Defense Force may be suspended according to the provisions of law in Vietnam.

Best Regards!