Authorization for establishment and dissolution of militia and self-defense forces in Vietnam

Authorization for establishment and dissolution of militia and self-defense forces in Vietnam (Internet image) 

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

1. Authorization for establishment and dissolution of militia and self-defense forces in Vietnam

Authorization for establishment and dissolution of militia, self-defense forces, military commands of communes and military commands of agencies and organizations according to Article 22 of the Law on Militia and Self-defense Forces 2019 is as follows:

- Authorization for establishment of militia, self-defense forces, military commands of communes and military commands of agencies and organizations, except for self-defense forces in military enterprises are prescribed as follows:

+ Chief of the General Staff of People’s Army of Vietnam shall decide establishment of companies of anti-aircraft militia and self-defense forces and companies of artillery militia and self-defense forces;

+ High commands of military regions, high command of navy and Capital High Command shall decide establishment of squads of self-defense forces; flotillas of militia and self-defense forces, flotillas of standing militia; naval squadrons of militia and self-defense forces;

+ Capital High Command and High Command of Ho Chi Minh City and commanding officers of military commands of provinces shall decide establishment of companies of self-defense forces, companies of mobile militia; platoons of anti-aircraft and artillery militia and self-defense forces; platoons of marine militia and self-defense forces; squads and platoons of standing militia;

+ Commanding officers of military commands of districts shall decide establishment of platoon of mobile militia and self-defense forces; squads and platoons of on-site militia and self-defense forces; fireteams of artillery militia and self-defense forces; teams and squads of scouting, information, engineering, chemical defense and medical militia; squads of marine militia and self-defense forces;

+ Commanding officers of military commands of communes shall decide establishment of on-site militia after reporting to military commands of districts and People’s Committees of communes; commanding officers of military commands of districts that do not have communes shall decide of establishment thereof;

+ Capital High Command, High Command of Ho Chi Minh City and commanding officers of military commands of provinces shall decide establishment of military commands of communes and military commands of agencies and organizations.

- An entity capable of making decisions on establishment of militia, self-defense forces, military commands of communes and military commands of agencies and organizations are also capable of making decisions on dissolution thereof.

- Minister of National Defense shall prescribe authorization for establishment of self-defense forces in military enterprises; procedures for establishment and dissolution of militia, self-defense forces, military commands of communes and military commands of agencies and organizations.

2. Regulations on designation and discharge of commanding titles of militia and self-defense forces in Vietnam

Regulations on designation and discharge of commanding titles of militia and self-defense forces in Vietnam according to Article 23 of the Law on Militia and Self-defense Forces 2019 are as follows:

- Authorization for designation of commanding titles of militia and self-defense forces, except for commanding titles of self-defense forces in military enterprises is prescribed as follows:

+ High commands of military regions, high commands of navy and Capital High Command shall decide designation of commanders in chief of battalions and naval squadrons of militia and self-defense forces;

+ Capital High Command, High Command of Ho Chi Minh City, commanding officers of military commands of provinces shall decide designation of commanders in chief of companies and flotillas of militia and self-defense forces; High commands of navy shall decide designation of commanding titles of flotillas under their management;

+ Commanding officers of military commands of districts shall decide designation of hamlet leaders, commanders in chief of platoons, squads, captains of ships and commanders in chief of fireteams of militia and self-defense forces;

+ Capital High Command, High Command of Ho Chi Minh City and commanding officers of military commands of provinces shall decide designation of commanding titles of military commands of agencies and organizations;

+ Chairpersons of People’s Committees of districts shall decide designation of commanding titles of military commands of communes.

- Discharge of commanding titles of militia and self-defense forces is prescribed as follows:

+ Discharge commanding titles of militia and self-defense forces shall be performed upon changes to positions or organizations and no longer within payroll of current titles or eligible and satisfactory for holding of current titles;

+ A competent authority capable of deciding designation of titles shall also be capable of deciding discharge of said titles.

- Minister of National Defense shall regulate procedures for designation and discharge of titles specified in Article 23 of the Law on Militia and Self-defense Forces 2019 and authorization for designation of commanding titles of self-defense forces in military enterprise; regulate officers of People’s Army of Vietnam holding commanding titles of militia and self-defense forces where necessary.

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