Minister of National Defense Phan Van Giang presented the Draft Law.
Briefly presenting the draft Law , Minister of National Defense Phan Van Giang said that 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.
The Draft Law also inherits current regulations that are still suitable for practice, only amending and supplementing contents related to organization and apparatus after arrangement, ensuring unified effectiveness and efficiency, implementing decentralization and delegation of power in accordance with the reorganization of local troops; thoroughly overcoming overlaps and duplications in functions, tasks, and powers, close to the organization of the Army.
Specifically, the draft Law amends and supplements a number of points and clauses in 3 Articles (Article 9, Article 21, Article 22) of the Law on National Defense: Determining the construction of regional defense, building commune level as the foundation for local protection; Provincial People's Committees promulgate curfew orders in one or several commune-level localities and commune-level People's Committees promulgate curfew orders in one or several areas under their management.
Regarding the Law on People's Army Officers, the draft Law amends and supplements the provisions in Articles 11 and 40: Eliminates 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.
At the same time, the Chairman of the Provincial People's Committee is responsible for deciding to call for training of reserve officers and calling reserve officers to active service, training, checking mobilization readiness and combat readiness for cadres, civil servants, and reserve non-commissioned officers residing in the locality.
With the Law on Professional Soldiers, Workers and National Defense Officials, the draft Law amends Article 27, thereby transferring 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.
Examining the draft Law amending and supplementing a number of articles of 11 Laws on military and national defense, Chairman of the National Defense, Security and Foreign Affairs Committee Le Tan Toi said that the Committee agreed with the necessity of promulgating the Law with political, legal and practical bases, 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.
Regarding some specific contents of the draft Law, the Committee for National Defense, Security and Foreign Affairs basically agreed with the draft Law, highly agreed with the content of amending and supplementing some articles of the Law on Professional Soldiers, Workers and National Defense Officials (Article 3); Law on Military Service (Article 4); Law on People's Air Defense (Article 6); Law on Reserve Forces (Article 7); Law on Management and Protection of National Defense Works and Military Zones (Article 9); Law on National Defense and Security Education (Article 11).
At the same time, there are opinions suggesting continuing to review the draft Law to ensure that only amendments and supplements are made to the content related to the organization of two-level local governments; consistency in the legal system, and convenience in implementation.
There are opinions that the Regional Defense Command is a unit under the Provincial Military Command, and the current command and leadership structure is unclear; therefore, it is recommended to consider not specifying the title of Commander of the Regional Defense Command; it should be reviewed and supplemented after there are specific regulations on the organization and command of the Regional Defense Command.
Thu Giang
Source: https://baochinhphu.vn/quoc-hoi-xem-xet-du-an-luat-sua-doi-11-luat-quan-su-quoc-phong-phu-hop-voi-chinh-quyen-dia-phuong-2-cap-10225061112480718.htm
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