Regulations on the authorization of mobilization of militia and self-defense forces in Vietnam

Regulations on the authorization of mobilization of militia and self-defense forces in Vietnam (Internet image)

In this regard, Lawnet would like to answer as follows:

1. What are militia and self-defense forces?

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”).

In particular, the components of the militia and self -defense force include:

- On-site militia and self-defense forces

- Mobile militia and self-defense force

- Standing militia

- Marine militia and self-defense forces.

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

(Article 6 of the Law on Militia and Self-defense Forces 2019)

2. Regulations on the authorization of mobilization of militia and self-defense forces in Vietnam

Clauses 1 and 2, Article 32 of the Law on Militia and Self-defense Forces 2019, stipulates the authorization of mobilization of militia and self-defense forces as follows:

- Except for declaration of war, emergencies regarding national defense, martial law and curfews, militia and self-defense forces shall be mobilized where necessary according to following authorization:

+ Minister of National Defense and Chief of the General Staff of People’s Army of Vietnam shall mobilize militia and self-defense forces on a nationwide scale;

+ High commands of military regions shall mobilize militia and self-defense forces within the regions after reaching agreements with Chairpersons of People’s Committees of provinces where the militia and self-defense forces are mobilized;

+ High commands of navy shall mobilize marine militia and self-defense forces after reaching agreements with high commands of military regions, Chairpersons of People’s Committees of provinces and heads of agencies and organizations where the militia and self-defense forces are mobilizes;

+ Capital High Command shall mobilize militia and self-defense forces within Hanoi City after reaching agreements with Chairpersons of People’s Committees of Hanoi city and Chief of the General Staff of People’s Army of Vietnam;

+ High Command of Ho Chi Minh City and commanding officers of military commands of provinces shall mobilize militia and self-defense forces within their divisions after reaching agreements with Chairpersons of People’s Committees of provinces and high commands of military regions;

+ Commanding officers of military commands of districts shall mobilize militia and self-defense forces within their divisions after reaching agreements with Chairpersons of People’s Committees of districts and commanding officers of military commands of provinces, Capital High Command and High Command of Ho Chi Minh City;

+ Commanding officers of military commands of communes shall mobilize militia within communes after reaching agreements with Chairpersons of People’s Committees of communes and commanding officers of military commands of districts;

+ Commanding officers of military commands of agencies and organizations shall organize mobilization of self-defense forces under their management within the agencies and organizations after reaching agreements with heads of the agencies and organizations and commanding officers of military commands of districts;

+ Heads of military enterprises shall mobilize self-defense forces under management of the enterprises.

- During wartime, emergencies regarding national defense, marital law or curfew, mobilization and use of militia and self-defense forces shall comply with regulations under Law on National Defense and other relevant law provisions.

3. Prohibited acts regarding militia and self-defense forces in Vietnam

Prohibited acts regarding militia and self-defense forces include:

- Establish, participate, sponsor, train, deploy or use militia and self-defense forces against regulations and law.

- Evade, oppose or obstruct organization, training, operation and responsibility to participate in militia and self-defense forces.

- Disguise as personnel of militia and self-defense forces.

- Exploit and abuse titles, powers and tasks of personnel of militia and self-defense forces to violate interests of nation, legal rights and benefits of agencies, organizations and individuals.

- Manufacture, transport, trade, collect, store, use and appropriate illegally weapons, military explosives, combat gears, equipment, technical devices, uniforms, star hat pins, badges or assets of militia and self-defense forces.

- Display discrimination by gender during operation of militia and self-defense forces.

(Article 14 of the Law on Militia and Self-defense Forces 2019)

Tran Thanh Rin

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE