Regulations on the arrangement of the position of Commander of the Commune-level Military Command

The Lao Dong Newspaper Legal Consulting Office replied:

Section 3, Official Dispatch No. 7644/BNV-CCVC dated September 9, 2025 of the Ministry of Home Affairs stipulates as follows:

From July 1, 2025, when implementing the organization of local government at 2 levels and implementing new regulations of the Law on Cadres and Civil Servants in 2025, the Law on Militia and Self-Defense Forces in 2019 (amending and supplementing a number of articles in Law No. 98/2025/QH15), the arrangement of the positions of Commander, Deputy Commander, Assistant to the Commune-level Military Command (new) is as follows:

a) In case the current Commander of the Commune-level Military Command (old) is a commune-level civil servant according to the provisions of the Law on Cadres and Civil Servants 2008 (amended and supplemented in 2019) when being considered and assigned to the position of Commander, Deputy Commander, Assistant to the Commune-level Military Command at the Commune-level Military Command (new), he/she will be converted to a civil servant according to the provisions of the Law on Cadres and Civil Servants in 2025 if he/she meets the training standards according to the provisions of Article 26 of the 2019 Law on Militia and Self-Defense Forces (amended and supplemented in Clause 13, Article 10 of Law No. 98/2025/QH15)

b) In case other cadres and civil servants are expected to be assigned to the positions of Commander, Deputy Commander, Assistant to the Commune-level Military Command (new), they do not have to carry out the recruitment and acceptance process for civil servants according to the provisions of the Law on Cadres and Civil Servants 2025 and Decree No. 170/2025/ND-CP but must meet the training standards according to the provisions of Article 26 of the Law on Militia and Self-Defense Forces 2019 (amended and supplemented in Clause 13, Article 10 of Law No. 98/2025/QH15).

c) Cases that are not cadres or civil servants expected to be assigned to the positions of Commander, Deputy Commander, Assistant to the Commune-level Military Command (new) must carry out the recruitment and acceptance process into civil servants according to the provisions of the Law on Cadres and Civil Servants 2025 and Decree No. 170/2025/ND-CP. On that basis, the consideration and appointment of Commanders, Deputy Commanders, and Assistants of the Commune-level Military Command (new) shall comply with the provisions of the 2019 Law on Militia and Self-Defense Forces (amended and supplemented in Law No. 98/2025/QH15), the Government Decree and the Ministry of National Defense's instructions on the implementation of the Law on Militia and Self-Defense Forces. Standards on training level as prescribed in Article 26 of the 2019 Law on Militia and Self-Defense Forces (amended and supplemented in Clause 13, Article 10 of Law No. 98/2025/QH15).

Thus, the arrangement of the position of Commander of the Commune-level Military Command (new) is regulated as above.