On June 5, at the 46th session, the Government submitted to the National Assembly Standing Committee for comments on the draft Law amending and supplementing 11 laws in the fields of military and defense.
One of the notable contents is to amend and supplement a number of provisions of the Law on Militia and Self-Defense Forces.
Regarding the arrangement of the apparatus of the political system on the organization of local government at 2 levels, the draft law amends, supplements, and abolishes points and clauses in 19 articles (Article 8, 9, 10, 11, 12, 13, 15, 17, 18, 20, 22, 23, 26, 29, 30, 32, 38, and 49).
Firstly, the Government proposes to remove the authority of the Chairman of the District People's Committee in deciding to extend the age and term of performing militia and self-defense service, in registration, temporarily postponing, terminating, or completing the service of participating in militia and self-defense forces ahead of schedule, and removing them from the list of citizens performing militia and self-defense service, and managing militia and self-defense forces.
Regarding the reason, the Government said that the removal of this authority was due to no longer being at the district level. This content is implemented by the Chairman of the People's Committee at the commune level.
Second, supplement the authority of the Hanoi Capital Command, Ho Chi Minh City Command, and the Provincial Military Command in directing and guiding the People's Committees at the commune level, agencies, and organizations to select citizens to perform their duty to join the militia and self-defense forces.
Third, add air defense militia and artillery platoons to the militia and self-defense force to comply with Resolution No. 60-NQ/TW dated April 12, 2025 of the 11th Conference of the Party Central Committee.
Fourth, amend the regulation that the Commander is a member of the People's Committee at the commune level to become a Commander and an assistant is a civil servant to comply with the draft Law on Organization of Local Government and the Law on Cadres and Civil Servants under amendment.
The draft law also amends and supplements Point a, Point d, Clause 1, Article 20.
Accordingly, the commander is civil servants, members of the People's Committee of the commune and reserve officers; In a state of national defense, the status of war was called to serve in the army in accordance with the provisions of the Law on the Vietnam People's Army Officer and continued to take on the position of Commander of the Commune Military Command; Deputy commander and assistant are civil servants.
Regarding the arrangement of the apparatus of the political system, the tasks and powers of ministries and ministerial-level agencies, amending, supplementing and abolishing a number of points and clauses in Article 43.
Regarding this content, the Committee for National Defense, Security and External Relations said that there are opinions suggesting not to add the regulation that Commanders and Deputy Commanders are civil servants because the law on cadres and civil servants will be regulated on the basis of job positions; not to stipulate that Commanders are members of the People's Committee to unify with the provisions in the draft Law on Organization of Local Government (amended).
Do not add the title of assistant to ensure correct implementation of the viewpoint of drafting the law "only amend and supplement a number of technical things associated with the organization and apparatus after the arrangement".
Other opinions suggested studying and assigning the Government to specify the position of the Commune-level Military Command in the detailed provisions of the Law on Cadres and Civil Servants.
