Defense Law No. 22/2018/QH14 was passed by the 14th National Assembly, at its fifth session, on June 8, 2018, and took effect from January 1, 2019. This is an important foundation aimed at creating a legal corridor for national defense and homeland protection in the new situation.
Article table of contents
National Defense Law 2018 consists of 7 chapters and 40 articles and is the successor to the National Defense Law 2005. It fully institutionalizes the views and policies of the Communist Party on national defense and military (ND, M), and the protection of the Fatherland; specifies the Constitution of 2013, ensuring consistency within the related legal system, and incorporates many new developments suitable to the characteristics of the global, regional, and current realities of building and protecting the Fatherland in the new situation.
The National Defense Law 2018 is the fundamental law regarding ND, M, and the protection of the Fatherland, governing other related ND, M laws such as: the Militia and Self-Defense Force Law, the Law on Officers of the Vietnam People's Army, the Law on Military Service, etc. Concurrently, the National Defense Law closely intersects with socio-economic (SE) laws. The contents of the law distinctly express national defense strategies and strategies for protecting the Fatherland in the current context. The National Defense Law 2018 continues to embody the consistent principle: absolute and direct leadership by the Communist Party in all aspects, governance by the Government of Vietnam, and command of the armed forces (AF) by the President. It sets out guidelines on people's warfare and the central role of all-people national defense (APND). The National Defense Law 2018 comprehensively and fully defines the national defense of the country, particularly defense activities, to harness the overall strength of the nation and meet the two strategic tasks of building and protecting the Fatherland in the new situation.
Leadership of the Militia and Self-Defense Department (General Staff) and the Military Region 7 Command inspecting national defense and military work at Phu Rieng Rubber Company Limited, Vietnam Rubber Group in 2017. Photo: Khanh Chi.
The National Defense Law 2018 assigns the Government of Vietnam to stipulate 10 specific contents: Command, coordination relations, guarantees, and responsibilities of agencies and organizations regarding military region defense; command, coordination relations, guarantees, and responsibilities of agencies and organizations regarding defense areas; the organization of drafting plans and measures for defense mobilization as per government regulations; civil defense; integration of national defense with SE, and SE with national defense; national defense work in ministries and central authorities and localities; enforcement of decisions on proclamation and lifting of the state of national defense emergency; duties and powers of military unit commanders, agencies, organizations, localities related to the enforcement of martial law orders, cancellation of martial law orders; procedures for the proclamation of curfew orders; duties and powers of agencies, organizations, units, localities related to enforcement of curfew orders; addressing complex national security situations, order, social safety; fighting crime; participation in prevention, combat, and recovery of disasters, epidemics, and the use of AF.
To ensure the National Defense Law comes into effect on January 01, 2019, effectively, immediately after it was passed by the National Assembly, the Ministry of National Defense, Ministry of Justice, and the Office of the Government of Vietnam coordinated to review the law's contents assigned to the Government (with 10 contents assigned to the Government of Vietnam); submitted a decision to the Prime Minister for the issuance of assignments to relevant ministries to lead the drafting of detailed government decrees and measures for the implementation of the National Defense Law. Currently, the Ministry of National Defense is constructing and submitting a plan to the Government of Vietnam for approval to implement the National Defense Law. Based on this, ministries and central authorities and provincial local governments will organize inspections, review legal documents related to national defense and other related legal documents, and report to the Ministry of National Defense for aggregation and reporting to the Prime Minister of the Government of Vietnam; propose amendments, additions, replacements, cancellations, or new enactments of legal documents to align with the law. Along with drafting government decrees, the Ministry of National Defense will lead, in cooperation with related ministries and central authorities, and submit to the Prime Minister the project for propagating, disseminating, and training on the National Defense Law, and conducting training on the law for leading officials at central and local levels.
National defense is the work of preserving the nation using the comprehensive strength of the entire population, where military strength is the hallmark and AF is the core. The National Defense Law 2018 has a broad scope of adjustment, relating to the responsibilities of state management fields and the activities of all agencies and organizations within the political system. To ensure consistency and synchronization in establishing general mechanisms and policies aligned with the requirements of building and protecting the Fatherland, it is crucial that all levels, sectors, and localities perform well in promoting, educating, comprehending, and implementing the tasks stipulated in the law. This will ensure that the National Defense Law truly serves as a legal framework, strengthening legal rights, and enhancing the overall strength of the nation in the cause of protecting the Socialist Republic of Vietnam in the new era. It is a legal corridor for building a robust and comprehensive APND, leveraging the country’s comprehensive strength to firmly protect the independence, sovereignty, unity, and territorial integrity of the Fatherland; protect the people, the Communist Party, the State, and socialist policies; safeguard the renovation process, industrialization, modernization, and national interests; preserve national culture; maintain a peaceful environment, political stability, national security, and social order and safety. The National Defense Law will contribute to political and social stability, creating favorable conditions for SE development without adversely affecting the investment and business environment. Moreover, the National Defense Law holds great significance as it forms the basis for each cadre, party member, and citizen to correctly perceive and counter false and distorted views of hostile forces about the functions and duties of the People's Army, especially regarding its production labor function, integrating national defense with SE, etc.
Lieutenant General Nguyen Duy Nguyen, Director General of the Militia and Self Defense Department, General Staff
People’s Army Newspaper
