Cases in which the people's armed force is used in Vietnam

Cases in which the people's armed force is used in Vietnam (Internet image)

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

1. Composition and tasks of the people's armed force in Vietnam

According to Article 23 of the Law on National Defence 2018, the composition and tasks of the people's armed force are specified as follows:

- The people’s armed force shall be composed of the People's Army, the People's Police and the Militia and self-defense force.

The people's army is the core of the people's armed forces in the performance of national defense tasks, including the permanent standing force and the reserve force. The permanent standing force of the People's Army shall comprise the regular troop and the local troop (Clause 1, Article 25 of the Law on National Defence 2018).

+ The people’s police is the core of the people’s armed force in performance of duties to protect national security and maintain social order and safety, and fight for prevention and control of crimes (Clause 1, Article 26 of the Law on National Defence 2018).

+ The militia and self-defense force shall be the armed force of people that are not freed from production or business activities; is the force that protects the Communist Party, the State, the life and property of the people, the property of the State available in the localities and grassroots-level areas; shall be ready to fight, fight, serve combats and acts as the core to join hands with the people to fight the enemy in localities or grassroots-level areas when the war occurs; shall participate in the building of the all-people national defense, defense zones, civil defense, and the protection of national security and the maintenance of social order and safety, the fight for prevention and control of crimes (Clause 1, Article 27 of the Law on National Defence 2018).

- People's Armed Forces shall be absolutely loyal to the Homeland, the People, the Communist Party and the State; have the duty to be ready to fight, fight, serve a combat, defend the independence, sovereignty, unity, territorial integrity of the Homeland, national security, social order and safety; protect the people, the Communist Party, the State, the socialist regime and revolutionary achievements; join hands with the people to build the country and carry out international obligations

2. Cases in which the people's armed force is used in Vietnam

Cases in which the people's armed force is used shall be prescribed as follows:

- In the state of war or the state of national defense emergency, the order of the State President and other relevant provisions of law shall be observed;

- Upon exercising the martial law or curfew order, provisions of the Law on National Defence 2018 and other relevant provisions of law shall prevail;

- In the state of emergency due to disasters, dangerous epidemics or serious threats to national security and social order and safety, the provisions of laws on emergency state and other relevant provisions of law shall prevail;

- Where there is a threat to national security or social order and safety which is not so serious that the state of emergency is promulgated, the provisions of laws on national security and other relevant provisions of law shall prevail;

- On participating in activities contributing to the protection of peace in the region and the world, the decisions of the National Defense and Security Council shall be obeyed;

- In case of complicated situations of national security, social order and safety; fighting against crime; participation in the prevention, combat and mitigation of consequences of incidents, natural disasters, epidemics, the use of the armed force shall be regulated by the Government.

(Clause 2, Article 24 of the Law on National Defence 2018)

3. Commanding of the People's Army in Vietnam

According to Article 28 of the Law on National Defence 2018, the commanding of the People's Army, the People's Police and the Militia and self-defense force is prescribed as follows:

- The People's Army, People's Police and Militia and Self-Defense Force have a command system organized according to the provisions of law.

- The Minister of National Defense is the highest commander in the People's Army and Militia.

- The Minister of Public Security is the highest commander in the People's Public Security.

Ho Quoc Tuan

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