This morning (August 4), the 16th National Assembly continued its working program at the first Extraordinary Session. At the plenary session in the hall, General Phan Van Giang - Member of the Politburo, Deputy Prime Minister, Minister of National Defense presented a report on the draft Law amending and supplementing a number of articles of 9 laws on military and national defense.
According to General Phan Van Giang, in the past time, the Government has issued many decrees and resolutions to handle difficulties and obstacles arising from the process of arranging the organizational structure, decentralization, delegation of power and administrative procedure reform.
These regulations have been effective, but are issued under the "legislative authorization" mechanism and are only effective until March 1, 2027, so they need to be legalized to ensure the stability and unity of the legal system.
On the other hand, the continued arrangement of local military organizations, the dissolution of the Regional Defense Command, the establishment of the Infantry Regiment directly under the Provincial Military Command and the consolidation of the Commune Military Command have led to the need to amend many regulations of current laws.
Therefore, building the draft Law right in 2026 is appropriate and necessary.
The draft Law is designed into 10 articles, focusing on amending and supplementing a number of articles of 9 Laws, including: National Defense Law; Law on Officers of the Vietnam People's Army (VPA); Law on Professional Military Personnel, Workers and National Defense Public Employees; Law on Military Service; Vietnam Border Guard Law; Law on People's Air Defense; Law on Reserve Forces; Law on Civil Defense; Law on Militia and Self-Defense Forces.
Notably, in the content of amending and supplementing a number of articles of the Law on Vietnamese People's Army Officers, the title of Commander of the Military Command of the commune level is ranked in the same group equivalent to Battalion Commander, Political Commissar of the Battalion; Deputy Commander, Deputy Political Commissar of the Military Command of the commune level is ranked in the same group equivalent to Deputy Battalion Commander, Deputy Political Commissar of the Battalion.
The draft Law also amends and supplements regulations on the service age of reserve officers. Accordingly, the highest age limit for reserve officers at the rank of captain is 53 years old; Major is 55 years old; Lieutenant Colonel is 57 years old; Senior Colonel is 59 years old; Colonel is 61 years old and General is 63 years old.
Regarding the Law on Military Service, the draft Law (amended) further clarifies the concept of evading military service. Adding fraudulent acts in military service registration, preliminary selection for military service, and medical examination for military service to prohibited acts in the Law on Military Service.
In addition, the draft Law (amended) defines the Commune-level Military Command as a local military agency directly under the Hanoi Capital Command, Ho Chi Minh City Command, and Provincial-level Military Command.
Presenting the thẩm tra report on the above draft Law, Member of the Party Central Committee, Chairman of the National Defense, Security and Foreign Affairs Committee Le Tan Toi said that the Committee agreed with the necessity and purpose of building the Law; basically agreed with the scope of amendments and supplements of the draft Law.
Regarding the amendment and supplementation of a number of articles of the Law on Vietnamese People's Army Officers and on the amendment and supplementation of a number of articles of the Law on Military Service, the Committee proposed that the Government continue to study the regulations on "Political officers of the Military Command at the commune level" to regulate them in accordance with practical requirements and ensure feasibility; continue to review to clearly define responsibilities between the Military Command at the commune level and the Provincial Military Command at each stage of the recruitment process, ensuring clear subjects, clear responsibilities, and no overlap or omission of tasks.
Regarding the amendment and supplementation of a number of articles of the Law on Militia and Self-Defense Forces, the Committee proposed that the Government consider regulations in the direction of only stipulating Political Commissars of the Commune-level Military Command (which is the basic position of officers and is performed by regular officers), not stipulating the position of Deputy Political Commissar of the Commune-level Military Command to ensure sufficient positions and basic positions of the Commune-level Military Command;
It is proposed to review and supplement regulations for the Military Command at the commune level in the management of self-defense forces, previously managed by the district level to ensure fullness, strictness, and no omission of tasks.
