Conditions for establishing the Military Command of agencies and organizations in Vietnam

Conditions for establishing the Military Command of agencies and organizations in Vietnam (Internet image)

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

1. Conditions for establishing the Military Command of agencies and organizations in Vietnam

Military commands of agencies and organizations shall be considered if the agencies and organizations:

- Establish the Communist Party of Vietnam; and

- Establish self-defense forces of agencies and organizations.

Military commands of agencies and organizations shall follow dual office holding regime and include commanding officers that are heads or deputies of the agencies and organizations, political commissars that are secretaries or deputy secretaries of Party Executive Committees of the same levels, deputy commanders and deputy political commissars.

- Military commands of agencies and organizations may use separate seals as per the law.

(Clause 1, 2 and 3, Article 21 of the Law on Militia and Self-defense Forces 2019)

2. Functions and tasks of the Military Command of agencies and organizations in Vietnam

Military commands of agencies and organizations shall have following functions and tasks:

- Act as advisors for Party Executive Committees and heads of agencies and organizations to lead and direct national defense operations;

- Develop and organize implementation of national defense plans, self-defense plans and other plans relating to national defense and military tasks of the agencies and organizations; cooperate in adopting policies of rear services and incentives for people with meritorious services to the revolution;

- Organize military training, political and law education, sports competitions and drills for self-defense forces; direct self-defense forces to conduct tasks as specified in the Law on Militia and Self-defense Forces 2019, other relevant law provisions and decisions of competent authorities;

- Register, manage, preserve and use military weapons, military explosives, combat gears, equipment, devices and technical instruments of self-defense forces under management in accordance with regulations and law;

- Act as advisors to enable Party Executive Committees and heads of agencies and organizations to examine, take actions against violations, handle complaints and accusations, conduct preliminary reports and final reports, adopt competitions and commendations regarding national defense operations.

(Clause 4, Article 21 of the Law on Militia and Self-defense Forces 2019)

2. Number of Deputy Commanders of the Military Command of agencies and organizations

The military command of the agency or organization arranges 01 Deputy Commander. Based on the requirements of national defense and military tasks and the organization and operations of agencies and organizations, the Commander of Hanoi Capital Command, the Commander of Ho Chi Minh City Command, and the Commander of the Provincial Military Command shall consider and decide to appoint no more than 02 Deputy Commanders at the request of the head of the agency or organization.

(Clause 2, Article 4, Decree 72/2020/ND-CP)

3. Standards and norms of working equipment of military command boards of agencies and organizations in Vietnam

- Based on the basic standards and norms of working equipment of the commune-level military command as prescribed in Appendix I issued with Decree 72/2020/ND-CP, the head of an agency or organization shall decide on appropriate workplace equipment of the military command of the agency or organization.

- Every day, the commune-level Military Command, the Military Command of agencies, organizations, and standing militia units are issued the 01 issue of the People's Army Newspaper.

The locality ensures funding to buy newspapers for the commune-level military command and standing militia units; agencies and organizations ensure funding to buy newspapers for the Military Command of their agencies and organizations.

(Clause 2 and 3, Article 5, Decree 72/2020/ND-CP)

Ho Quoc Tuan

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