At the meeting, authorized by the Government , General Phan Van Giang , Politburo member, Deputy Secretary of the Central Military Commission, Minister of National Defense presented the draft law.
General Secretary To Lam and delegates attending the meeting. |
According to General Phan Van Giang, the amendment and supplementation of laws aims to promptly and fully institutionalize policies and orientations in Party documents and resolutions, conclusions of the Politburo and Secretariat, provisions of the Constitution, and the Law on Organization of Local Government (amended) related to the arrangement and reorganization of administrative units at all levels.
The Draft Law consists of 12 articles, including 11 articles amending and supplementing 11 Laws and 1 article on enforcement.
The Draft Law focuses on amending and supplementing a number of articles on the position, role, authority, functions, and tasks in the military and defense fields related to the organization of two-level local governments to ensure consistency with the provisions of the Constitution, the Law on Organization of Local Government (amended) and relevant legal provisions.
Regarding amendments and supplements to a number of provisions of the Law on National Defense, related to the arrangement of the apparatus of the political system on the organization of 2-level local governments, amending and supplementing a number of points and clauses in 3 articles (Article 9, Article 21, Article 22), such as: Determining the construction of regional defense, building the commune level as a foundation for local protection; The provincial People's Committee shall issue a curfew in one or several commune-level localities and the commune-level People's Committee shall issue a curfew in one or several areas under its management.
General Phan Van Giang, Politburo member, Deputy Secretary of the Central Military Commission, Minister of National Defense, presented the draft law. Photo: TRONG HAI |
Regarding amendments and supplements to a number of provisions of the Law on Officers of the Vietnam People's Army , amending and supplementing a number of points and clauses in 2 articles (Article 11 and Article 40), such as: Removing a number of positions of Commander, Political Commissar of the Provincial Border Guard Command, Deputy Commander, Deputy Political Commissar of the Provincial Border Guard Command, Commander, Political Commissar of the District Military Command, Deputy Commander, Deputy Political Commissar of the District Military Command to ensure compliance with Project No. 839-DA/QUTW dated April 25, 2025 of the Central Military Commission to continue to arrange the local military organization to be "lean, compact, and strong" to meet the requirements of tasks in the new situation.
Along with that, the responsibility of the Chairman of the Provincial People's Committee is added to decide on calling for training of reserve officers and calling reserve officers into active service, training, checking mobilization readiness, combat readiness for cadres, civil servants, and reserve non-commissioned officers residing in the locality.
Regarding amendments and supplements to a number of provisions of the Law on Professional Soldiers, Workers and National Defense Officials , amend and supplement 1 article (Article 27), accordingly, transferring the authority from the Commander of the District Military Command to the Commander of the Regional Defense Command to decide on the discharge of reserve professional soldiers who have expired or are no longer healthy enough to serve in the reserve because the district level no longer exists.
Regarding amendments and supplements to a number of provisions of the Law on Military Service , amending, supplementing and abolishing a number of points and clauses in 18 articles, such as: Transferring the authority of the district level to the provincial level for the following tasks: Establishing a Military Service Health Examination Council; deciding on the list of citizens called for military service, performing the obligation to join the People's Public Security, the list of temporary deferment and exemption from military service; recognizing citizens who have completed their military service in peacetime; organizing the handover of troops to units (the handover ceremony is held at the Regional Defense Command).
At the same time, transfer the authority of the district level to the commune level for a number of tasks: Checking the health of non-commissioned officers and reserve soldiers; issuing orders to call each citizen: First registration for military service, preliminary selection and medical examination for military service, calling for enlistment and performing the obligation to join the People's Public Security.
Transfer the authority of the district-level military command to the regional defense command to decide: Remove from the list of military service registration, release from the quota for non-commissioned officers and reserve soldiers and take primary responsibility for organizing the military handover ceremony, receiving and handing over non-commissioned officers and soldiers who have completed their active duty...
Regarding amendments and supplements to a number of provisions of the Vietnam Border Law, amending and supplementing a number of points and clauses in 5 articles, such as: Supplementing the construction of border defense areas; Regulations on the Border Guard Command deciding to restrict or temporarily suspend activities in border areas under its management; Regulations on the Commander of the provincial military command requesting the Chairman of the provincial People's Committee to decide to restrict or temporarily suspend crossings at border gates.
Regarding the amendment and supplementation of a number of provisions of the Law on People's Air Defense , amending and supplementing a number of points and clauses in 11 articles, such as: Determining key points of people's air defense at the commune level; Transferring responsibility for commanding people's air defense from the Commander of the District Military Command to the Commander of the Regional Defense Command in directing and implementing tasks on people's air defense because there is no longer a district level.
In addition, the Commander of the Regional Defense Command has the additional duties of the Commander of the Commune-level Military Command and the Commander of the Commune-level Military Command, who has the right to order the suppression and temporary detention of drones and other flying vehicles in the management area.
Regarding Amendments and supplements to a number of provisions of the Law on Reserve Forces , amendments, supplements and annulments of a number of points and clauses in 13 articles, such as: Transferring the authority to register ownership of inland waterway vehicles, road motor vehicles... from the People's Committee at the district level to the People's Committee at the provincial level; transferring authority from the district level to the commune level in building the reserve force according to the targets of the Chairman of the Provincial People's Committee.
Delegates attending the meeting. |
At the same time, regulations are made on transferring the authority to organize activities for reserve soldiers holding the position of commander of reserve mobilization units from the district-level People's Committee to the Regional Defense Command; Transferring a number of tasks from the Chairman of the district-level People's Committee to the provincial-level People's Committee or the Regional Defense Command in gathering, transporting, and receiving reserve mobilization forces.
Regarding amendments and supplements to a number of provisions of the Law on Civil Defense, amending and supplementing a number of points and clauses in 5 articles, such as: Transferring a number of tasks from the district-level People's Committee to the commune-level People's Committee in applying and commanding forces in civil defense; Supplementing the tasks of the Regional Defense Command in advising the provincial-level Civil Defense Command to direct the commune-level Civil Defense Command in organizing, directing and operating civil defense in the management area...
Regarding amendments and supplements to a number of provisions of the Law on Management and Protection of National Defense Works and Military Zones , amending and supplementing a number of points and clauses in 2 articles (Article 6 and Article 17), such as: Adding Type B Military Zones including shooting ranges, brigade-level training grounds, the inner limit of the safety belt; the safety radius of ammunition depots of independent battalion-level units and equivalent or lower because the district level is no longer available.
Regarding the Amendment and supplementation of a number of provisions of the Law on Militia and Self-Defense Forces , amending, supplementing and abolishing points and clauses in 19 articles, such as: Removing the authority of the Chairman of the District People's Committee in deciding to extend the age and term of service to participate in the Militia and Self-Defense Forces, in registering, postponing, terminating, completing the service to participate in the Militia and Self-Defense Forces before the deadline, removing from the list of citizens performing the service to participate in the Militia and Self-Defense Forces, and managing the Militia and Self-Defense Forces because they are no longer at the district level (this content is performed by the Chairman of the Commune People's Committee).
Along with that, the authority of the Hanoi Capital Command, Ho Chi Minh City Command, and provincial military command is supplemented in directing and guiding commune-level People's Committees, agencies, and organizations to select citizens to perform their duty to join the Militia and Self-Defense Force...
Regarding amendments and supplements to a number of provisions of the Law on National Defense and Security Education , amending, supplementing and abolishing a number of points and clauses in 7 articles, such as: Determining the subjects in State agencies and organizations, political organizations, and socio-political organizations as heads of villages, hamlets, villages, hamlets, villages, and residential groups; heads of mass organizations in villages; abolishing the Reporters as leaders of districts, towns, and provincial cities, leaders of district, town, and provincial city boards.
Agreed to submit the Law to the National Assembly for consideration and approval at the 9th Session
Examining the draft law, the National Assembly's Committee on National Defense, Security and Foreign Affairs agreed on the necessity of promulgating the Law with the political, legal and practical bases stated in the Government's Submission, in order to institutionalize the Party's guiding viewpoint on continuing to arrange the organization of two-level local governments, ensuring conformity and consistency in the legal system when amending and supplementing the 2013 Constitution and laws related to the organization of the state apparatus.
The draft Law dossier basically meets the requirements of the Law on Promulgation of Legal Documents 2025; at the same time, it is agreed to submit the Law to the National Assembly for consideration and approval at the 9th Session according to the simplified process and procedures.
The National Assembly's Committee on National Defense, Security and Foreign Affairs found that the policies stipulated in the draft Law are consistent with the Party's policies and guidelines.
VU DUNG
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Source: https://baodaknong.vn/dai-tuong-phan-van-giang-trinh-bay-to-trinh-ve-sua-doi-bo-sung-11-luat-ve-linh-vuc-quan-su-quoc-phong-255223.html
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