Nghị định 46/2000/NĐ-CP sửa đổi Nghị định 35/CP năm 1996 Hướng dẫn Pháp lệnh Dân quân tự vệ

DECREE

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT�S DECREE No.35/CP OF JUNE 14, 1996 DETAILING THE IMPLEMENTATION OF THE ORDINANCE ON THE MILITIA AND SELF-DEFENSE FORCE

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Ordinance on the Militia and Self- Defense Force of January 9, 1996;
At the proposal of the Minister of Defense,

DECREES:

Article 1.- To amend and supplement a number of Articles of Decree No.35/CP of June 14, 1996 of the Government detailing the implementation of the Ordinance on the Militia and Self-Defense Force as follows:

1. Article 5 is amended and supplemented as follows:

"Article 5.-

1. Officers of the Military Command of the commune, ward or township and the commander of the self-defense force at the State agencies, administrative and non-business units, economic and socio-political organizations (hereafter collectively referred to as agencies and organizations) must be persons possessing good political and ethical qualifications, a high sense of responsibility, having gone through training and tests in labor, production and work, capable of helping the President of the People’s Committee of the commune, ward or township, the directors of enterprises and the heads of agencies and organizations to direct the implementation of national defense work; directly commanding the training, operation and organization of the building and management of the militia and self- defense force.

2. The Military Command of the commune, ward or township is allowed to appoint a full-time deputy commander.

3. The commander of the Military Command of the commune, ward or township shall be approved by the President of the People’s Committee of the district, provincial town or city under the province (collectively referred to as district level). The deputy commander of the Military Command of the commune, ward or township shall be appointed by the President of the People’s Committee of the commune, ward or township after consulting the commander of the district Military Command."

2. The following is added to Clause 3 of Article 8:

"3. The competence in directing the militia or self-defense force to perform combat duty or serve fighting, to defend political security and social order and safety, to guard and fight against natural disasters and overcome the consequences of natural disasters and other serious incidents (except when directing is made by prescriptions of the legislation on emergency situation) is stipulated as follows:

a/ The Minister of Defense has the competence to direct the militia and self-defense force from one military zone to another to perform a duty.

b/ The commander of a military zone has the competence to direct militia and self-defense force within the military zone to perform a duty, then notify the President of the People’s Committee of the relevant province or centrally-run city. The commander of the Navy has competence to direct self-defense units on the sea under the management of the Navy then notify the head of the controlling Ministry or branch.

c/ The commander of the Military Command of the province or centrally-run city (collectively referred to as province) has the competence to direct the militia and self-defense force within the province to perform a duty after getting the consent of the President of the People’s Committee of the province and the Commander of the military zone.

d/ The commander of the Military Command of the district has the competence to direct the militia and self-defense force within the district to perform a duty after getting the consent of the President of the People’s Committee of the district and the commander of the Military Command of the province.

e/ The commander of the Military Command of the commune, ward or township (collectively referred to as commune) has the competence to direct the militia and self-defense force to perform a duty within the commune after getting the consent of the President of the People’s Committee of the commune."

3. Article 10 is amended and supplemented as follows:

"Article 10.-

1. The deputy commander of the Military Command of the commune, ward or township shall receive a monthly allowance equal to that of other officials in the People’s Committee at the commune level stipulated in Clause 5, Article 3 of the Government’s Decree No.09/1998/ND-CP of January 23, 1998 and current regimes for commune-level officials.

2. The families of officers of the Military Command of the commune, ward or township attending training courses at the military school of the province shall receive a daily allowance equal to 0.1% of the minimum salary stipulated by the Government".

4. Article 11 is amended and supplemented as follows:

"A. Clause 1, Article 11:

"1. Officers (except the Military Command of the commune, ward or township) and men of the militia and self-defense force who do not receive salary from the State budget while on combat readiness duty or on combat duty or serving the fighting or during military training on orders from the commander of the Military Command of the district level upward (on duty for short) are entitled to the following regimes:

a/ Workday allowance each day equal to the value of a workday in the locality prescribed by the President of the People’s Committee of the province at least equal to 0.04% of the minimum salary stipulated by the Government. For work time from 22.00 to 6 hours, this allowance is equal to 1.3 time the workday allowances in office time.

b/ In case of full time combat duty, away from production, on a rotary basis or combat readiness at key points defined by the Ministry of Defense, in addition to the allowances stipulated at Point a of this Clause, they shall also receive an additional sum of money for food at the rate decided by the provincial People’s Committee. If the time on duty lasts from six months to one year, they shall receive a uniform, a pair of canvas shoes, a sun helmet (hereafter collectively called an outfit) and are eligible to borrow a number of facilities for living, training or work; if the time on duty lasts more than a year, they shall receive one more outfit every additional six months.

c/ If they work far from the place of residence, thus unable to commute daily, the military office that decides the assignment shall arrange the accommodation place, and help in the commutation or pay for a return ticket by train or bus; aside from the regime stipulated at Point a of this Clause, they shall also receive allowance for food at the level decided by the President of the People’s Committee of the province.

d/ The time on duty of officers and men of the militia and self-defense force belonging to the broad forces shall be accounted for in the time for the discharge of annual public-utility labor obligation (under Article 12 of the 1999 Ordinance on Public-Utility Labor Obligation). Persons belonging to the core force of the militia and self-defense force shall be exempted from the annual public-utility labor obligation (under Clause 6, Article 11 of the 1999 Ordinance on Public-Utility Labor Obligation)".

B. Cancellation of Clause 3, Article 11.

5. Article 12 is amended and supplemented as follows:

"Article 12.- Assignment of responsibilities in spending State budget for building and activities of the militia and self -defense force:

1. The national defense budget shall make appropriations to:

a/ Ensure payment of work-day allowances, food (or salary) and other expenditures for the activities of the militia and self-defense force directed to perform duties under the competence of the Minister of Defense, the commanders of the military zones and the commander of the Navy.

b/ Support the construction of barracks and the activities of militia and self-defense force on combat duty or combat readiness in key areas defined by the Ministry of Defense.

c/ Purchase outfits, equipment, weapons and other military means, prepare fuses, explosive and fire engines to supply to the production of mines and grenades to equip the militia and self-defense force.

d/ Produce specimen of visual aids, print training materials, books, certificates, forms of registration and statistics for the militia and self -defense force.

e/ Build new and repair special military projects, combat constructions in the defense areas assigned to the militia and self-defense force for management and use.

f/ Train, drill and research on militia and self-defense force.

g/ Build pilot projects at the military zone and Ministry of Defense levels on the three aspects of militia and self-defense work, build combat communes, train the militia and self-defense force on the sea.

h/ Ensure material basis for military training and drills, military contests and exercises, celebrate the tradition day of the militia and self-defense force under the guidance of the Ministry of Defense.

i/ To review, commend and reward the agencies, units and individuals of the Ministry of Defense with good records in building the militia and self-defense force.

j/ Other expenditures for the militia and self-defense force shall comply with the provisions of law under the responsibility of the Ministry of Defense.

2. The provincial budget shall make appropriations to:

a/ Ensure the allowances for the families of officers of the Military Command at the commune, ward or township during concentrated training at the provincial military school.

b/ Ensure workday allowances, food allowances (or salary), expenditures for the activities of the militia and self-defense force directed to perform duties under the competence of the military commander of the province or centrally-run city.

c/ Ensure workday allowances, food allowances (or salary), military outfit, living facilities and expenditures for the activities of the militia and self-defense units on combat duty or combat readiness in key areas defined by the Ministry of Defense.

d/ Ensure implementation of regimes about sickness, accidents, death on combat mission or natural death for the militia and self-defense force not yet joining medical and social insurance schemes.

e/ Ensure implementation of preferential policies and regimes for the militia and self- defense force on duty.

f/ Transport, repair and maintain equipment and weapons; produce mines and grenades and essential means to equip the militia and self-defense force.

g/ Ensure the material basis for military training, drills, contests, exercises, and activities on the tradition day of the militia and self- defense force at the provincial level.

h/ Review, commend and reward agencies, units and individuals with good records in building the militia and selfs-defense force at the provincial level.

i/ Build the plan of militia and self-defense force joining the area defense in the province and city.

j/ Other expenditures for the militia and self-defense force shall follow the provisions of law under the responsibility of the provinces and cities.

3. The district-level budget shall make appropriations to:

a/ Ensure the education on national defense for the entire people regarding the militia and self-defense work.

b/ Ensure the registration and organization of militia and self-defense units.

c/ Ensure the organization and training of militia and self-defense officers as assigned by the province or city.

d/ Ensure workday allowances, food allowances (or salary), other expenditures for the activities of the militia and self-defense force directed to perform duties under the competence of the Military Commander of the district, town or city under the province.

e/ Ensure material supplies for the military training, drills, contests, exercises and activities on the tradition day of the militia and self-defense at district level.

f/ Hold conferences and specialized courses on militia and self-defense force at district level.

g/ To review, commend and reward agencies, units and individuals with good records in building the militia and self-defense force at district level.

h/ Other expenditures for the militia and self-defense force shall follow provisions of law under the responsibility of the district level.

4. The commune budget shall make appropriations to:

a/ Ensure for the officers of the Military Command of the commune, ward or township the allocations stipulated in Decree No.09/1998/ND-CP of January 23, 1998 and current prescriptions of the Government.

b/ Ensure workday allowances, food allowances (or salary) and expenditures for the activities of the militia and self-defense force directed to perform duties under the competence of the Military Commander of the commune, ward or township.

c/ Ensure the registration and recruitment of the militia and self-defense force.

d/ To review, commend and reward agencies, units and individuals with good records in building the militia and self-defense force at commune level.

e/ Other expenditures for the militia and self-defense force shall follow the provisions of law under the competence of the commune level.

5. With regard to the locally- and centrally-run administrative and non-business agencies and units, political and social organizations (except the Ministry of Defense), expenditures for the self-defense force belong to the approved draft budget and shall be announced each year. With regard to enterprises of all economic sectors, expenditurees for the self-defense force shall be accounted for in the production and business management costs of the enterprises. These expenditures comprise:

- Expenditures for the activities of the self-defense force directed to perform duties under the competence of the head of the agency, administrative and non-business unit, political and social organization and the director of the enterprise.

- Expenditures to ensure the material basis for the military training, drills, contests, exercises and the activities on the tradition day of the self-defense force at the agency, administrative and non-business unit, political or social organization and the enterprise.

- Expenditures to review, commend and reward agencies, units and individuals with good records in building the self-defense force at the agency, non-business and administrative unit, political or social organization and at the enterprise.

- Other expenditures for the self-defense force shall follow the prescriptions of law.

Article 2.- This Decree takes effect 15 days after its signing. All earlier stipulations which are contrary to this Decree are now annulled.

The Minister of Defense shall have to guide the implementation of this Decree.

Article 3.- The Ministers, the heads of ministerial-level agencies, the heads of the agencies attached to the Government, the Presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.

---------------

This document is handled by Luật Dương Gia. Document reference purposes only. Any comments, please send to email: dichvu@luatduonggia.vn