At its 9^th session, the 15^th National Assembly passed the Law amending and supplementing a number of articles of 11 laws on military and national defence (hereinafter referred to as the Law), which took effect on 1 July 2025. This marks an important development in the process of perfecting the military and national defence institutional framework, ensuring synchronisation with the legal system, compliance with the Constitution, and alignment with the two-tier local government model, contributing to building strong all-people national defence, meeting the requirements of Fatherland protection in the new situation.

Head of the Department of Legal Affairs addresses a training conference for law rapporteurs across the Military in 2025

Over the years, many key conclusions by the Politburo and the Secretariat have emphasised the need to continue renovating and streamlining the political system’s apparatus for effective and efficient operation. Typical examples include Conclusion 121-KL/TW, dated 24 January 2025, summarising Resolution 18-NQ/TW, dated 25 October  2017, by the 12^th Central Party Committee on the continued reform and organisation of the political system’s apparatus in a streamlined, effective, efficient manner, Resolution 60-NQ/TW, dated 12 April 2025, by the 13^th Central Party Committee’s 11^th Plenum, adopting the policy to abolish the intermediate administrative level (district level), merge provincial-level and communal-level administrative units, and significantly reduce the number of administrative units, and Project 839-ĐA/QUTW, dated 25 April 2025, by the Central Military Commission (CMC) on continuing to organise local military agencies into “adept, compact, strong” ones in the new situation. These developments necessitate adjustments in related statutory regulations. Besides, national digital transformation under the Government’s Project 06, along with the merger, renaming, and functional changes of several ministries and sectors, requires amendments in legal provisions to ensure synchronisation.

Therefore, the promulgation of the Law is both necessary and strategically significant. It ensures constitutional consistency and uniformity within the legal system, providing a solid legal foundation for successfully fulfilling military and national defence tasks in the new stage of development. The Law consists of 12 articles, including 11 articles amending and supplementing 11 laws and one article stipulating the enforcement effect. The following are specific amendments, supplements, and abolition.

1. The Law on National Defence

The Law amends, supplements, and abolishes certain points and clauses across three articles (9, 21, and 22). To align with the two-tier local government model, Clause 1, Article 9 - for the first time - emphasises “commune level” as the foundation for building defensive zones. Provisions regarding martial law and curfews have also been revised, clearly granting authority to provincial-level and commune-level People’s Committees. Specifically, Points b and c, Clause 3, Article 22 stipulate that provincial-level People’s Committees shall issue the curfew order in one or a number of communes; commune-level People’s Committees shall issue the curfew order in one or a number of areas within their jurisdiction.

2. The Law on Officers of the Vietnam People’s Army (VPA)

The Law amends, supplements, and abolishes certain points and clauses across three articles (11, 15, and 40). It supplements and amends the provisions on officer titles in Articles 11 and 40. Specifically, it removes the titles of commander, political commissar, deputy commander, and deputy political commissar within the provincial-level Border Guard Command and the titles of commander, political commissar, deputy commander, and deputy political commissar within the district-level Military Command. This is to ensure alignment with the CMC’s Project 839-ĐA/QUTW.

The Law supplements the authority of the Chairperson of the provincial-level People’s Committee. Under amendments to Point b, clause 1: chairpersons of provincial-level People’s Committees shall decide to summon cadres, civil servants, and non-commissioned officers residing in provinces; according to amendments to Point b, Clause 2, chairpersons of provincial-level People’s Committees shall decide to summon reserve officers holding the rank of Regiment Commander, equivalent or lower positions, reserve officers holding the rank of Colonel or lower.

3. The Law on Professional Servicemen, National Defence Workers and Officials

The Law amends and supplements Article 27 regarding the discharge of reserve professional servicemen. Compared to previous regulations, and in line with the adoption of the two-tier local government model, reserve professional servicemen who exceed the age limit as prescribed or no longer meet health requirements to serve the reserve force shall be discharged in accordance with the Decision of the Commander of the regional defence command.

4. The Law on Military Service

The Law amends, supplements, and abolishes a number of points and clauses across 18 articles (4, 13, 15, 16, 19, 20, 28, 29, 34, 35, 36, 37, 38, 39, 40, 42, 44, and 47 as follows. Clause 8, Article 4 more fully defines the act of military service evasion: “Evasion of military service is an act of failing to comply with a decision on call for military service registration, decision on call for military service medical examination, decision on conscription, decision on call for training, rehearsals, and inspection of mobilisation readiness combat readiness”.

For Article 16, the Law now allows citizens to register military service online or in person, instead of the previous mandatory in-person registration.

Under the new law, authority over several tasks has been transferred from the district level to the provincial level, including: deciding on lists of citizens who are called up for military service or for service in the People’s Public Security, approving the postponement of military conscription and exemption from military conscription for citizens (Point b, Clause 12, Article 35; Clause 1, Article 42), and recognising citizens who have completed military service in peacetime (Articles 42 and 44).

The authority for the following tasks is transferred from the district level to the commune level: conducting health checks for reserve non-commissioned officers and soldiers, issuing orders on conscription to each reserve soldier (Clause 6, Article 34), carrying out preliminary selection and health examination for military service and Public Security service (Point 3, Article 40), calling citizens for enlistment and for service in the People’s Public Security (Clause 2, Article 47).

In addition, the authority for the following tasks has been transferred from district-level Military Commands to Regional Defence Commands. Accordingly, Regional Defence Commands are responsible for removing names from the military service registration list and discharging reserve non-commissioned officers and soldiers (Article 29), and organising the handover ceremony of troops (Clause 2, Article 35).

5. The Law on Vietnam Border Defence

The Law amends, supplements, and abolishes many important provisions across 5 articles (5, 10, 11, 14, and 21). Clause 5, Article 5 defines the building of border defensive zones. Article 10 stipulates that commune-level authorities in border areas shall be responsible for cooperating with relevant agencies and organisations in border defence tasks.

Under Article 11, within their respective areas of responsibility, Border Guard Post Commanders shall decide to restrict or suspend activities within the border belt for no more than 12 hours, suspend movement through auxiliary border gates and crossings for no more than 6 hours. The Commanders of the Border Guard Commands shall decide to restrict or suspend the passage of the main border gate or bilateral border gate for no more than 06 hours. They also shall extend these durations for no more than 6 hours for the main border gate or bilateral border gate, at the secondary border gate or crossing for no more than 12 hours. Provincial-level People’s Committee chairpersons shall decide to restrict or suspend the passage of the main border gate or bilateral border gate for no more than 24 hours at the request of the Commander of the provincial-level Military Command.

Regarding organisational structure, Point b, Clause 1, Article 21 stipulates that the Border Guard Command is under the provincial-level Military Command.

Training conference for law rapporteurs across the VPA in 2025

6. The Law on People’s Air Defence

The Law amends, supplements, and abolishes a number of points and clauses across 11 articles (6, 11, 13, 15, 16, 25, 33, 34, 41, 43, and 47). Accordingly, Clause 2, Article 6 formally identifies commune-level people’s air defence key points. Point b, Clause 2, Article 13 specifies that commune-level air defence force under the command of the militia shall be organised into anti-aircraft machine gun platoons, low-flying target firing teams and suppression teams for unmanned aerial vehicles and other flying vehicles. This adjustment addresses modern warfare requirements, particularly threats posed by unmanned aerial vehicles.

Additionally, Point đ, Clause 2, Article 33 stipulates that commanders of regional defence commands, commanders of commune-level military commands, commanders of Border Guard units in border areas shall suspend flights of unmanned aircraft and other flying vehicles within their respective areas (except for those of the Ministry of Public Security operating outside the area or target under the management of the VPA). Participation in people’s air defence activities during provincial-level defensive zone exercises and commune-level combat exercises in defensive zones is stipulated in Point b, Clause 1, Article 41. These amendments meet the requirements of modern air defence operations, contributing to firmly protecting the Fatherland in the new situation.

7. The Law on Reserve Force

Amendments, supplements, and repeal have been made to several points and clauses across 13 articles (8, 10, 12, 13, 14, 19, 22, 23, 25, 26, 27, 28, and 34). Under Article 12, commune-level military commands shall register and manage reservists residing in their localities. The regional defence command shall cooperate with offices and organisations in managing reservists who are working and studying within those offices and organisations in their areas.

Regarding reservists’ activities, Clauses 1 and 2, Article 23 stipulate that the regional defence command shall organise activities for reservists holding the position of commander of the reserve unit from squad leader or equivalent and higher. Commune-level people’s committees shall organise activities for reservists already deployed to reserve units. A significant new point in Article 34 is the assignment of tasks to commune-level authorities in managing reservists and reserve technical equipment. Furthermore, it allocates a budget for some tasks relating to the registration, management, and mobilisation of reservists and reserve technical equipment.

8. The Law on Civil Defence

Amendments, supplements, and repeal have been made to several points and clauses across 5 articles (7, 20, 22, 33, and 34). The Law now stipulates that commune-level People’s Committees are responsible for conducting level-1 civil defence operations within their jurisdiction, including mobilising forces and means to respond to incidents, natural disasters, and catastrophes; meanwhile, level-2 civil defence operations fall under the responsibility of provincial authorities (Points a and b, Clause 3, Article 7). According to Point a, Clause 3, Article 33, commune-level People’s Committee chairpersons shall command forces and means in their areas to implement level-1 civil defence measures.

The Law also specifies that the provincial-level and commune-level Civil Defence Commands shall take the military agencies at their equivalent levels as their standing bodies, responsible for giving advice on and performing civil defence tasks. Furthermore, the regional defence command shall advise the provincial-level civil defence command to direct the commune-level civil defence command in organising and administering civil defence operations in the area under its management.

9. The Law on Management and Protection of National Defence Works and Military Zones

Amendments and supplements have been made to several points and clauses across 2 articles (6 and 17). Specifically, Article 6 supplements the definition that military zones of grade B include brigade-level shooting ranges and training grounds, within the inner limits of the safety belt. Meanwhile, Article 17 adjusts provisions concerning the safety radius for ammunition depots of independent battalions and equivalent units.

10. The Law on Militia and Self-Defence Force

Amendments, supplements, and repeal have been made to various points and clauses across 19 articles (8, 9, 10, 11, 12, 13, 15, 17, 18, 20, 22, 23, 26, 29, 30, 32, 33, 38, and 49). A key highlight is the supplemented authority granted to commune-level People’s Committee chairpersons and heads of agencies and organisations to extend the age and duration of service in the militia and self-defence force (Clause 3, Article 8), to decide on the postponement of or exemption from militia and self-defence service (Clause 4, Article 11), to decide on the fulfilment of the militia and self-defence service ahead of time and remove citizens from the service list (Clause 3, Article 12). Additionally, Clauses 2 and 4, Article 13 authorise commune-level People’s Committee chairpersons and heads of agencies and organisations to officially recognise citizens who have completed their service, register and manage citizens to ensure readiness for the expansion of militia and self-defence force when needed.

Regarding the organisation of the militia force, Clause 2, Article 15 provides that at commune level, mobile militia platoons shall be organised. Within coastal and island communes, mobile militia platoons and marine militia squads or platoons shall be organised. Key communes in national defence shall organise standing militia squads or platoons. Furthermore, Point a, Clause 1, Article 20 assigns the commander of the commune-level military command the authority to decide on the establishment of on-the-spot militia and self-defence groups, squads, and platoons, reconnaissance, signal, engineering, chemical, and medical militia groups and squads, as well as maritime self-defence squads after approval from competent authorities.

11. The Law on National Defence and Security Education

Amendments, supplements, and repeal have been made to specific points and clauses across 7 articles (14, 26, 36, 37, 38, 39, and 44). The Law clarifies that village heads, residential group heads, and leaders of village-level organisations - within state agencies, political organisations, and socio-political organisations - are the target learners in national defence and security education. The amendment also removes the position of “reporter” previously held by district-level leaders and heads of departments, sectors, and organisations under district authorities.

Articles 37 and 39 stipulate the authority of the Ministry of Education and Training, the Ministry of Ethnic and Religious Affairs, and the Ministry of Culture, Sports and Tourism in cooperation with the Ministry of National Defence to organise national defence and security education.

The enactment of the Law on military and national defence is extremely necessary to meet the requirements of national construction and protection in the new situation. To put the Law into practice effectively, party committees and commands across the entire VPA must focus their leadership and direction on studying and disseminating the Law, ensuring that all cadres and soldiers fully grasp the Law’s fundamentals, new provisions, and significance. Emphasis should be placed on integrating the amendments and supplements made in the Law into training curricula. Creating Q&A materials, banners, posters, and propagation slogans is vital to make the Law easily accessible, memorable, and applicable for both troops and citizens. There should be a review of the existing laws related to this Law to propose amendments, supplements, or new legal documents properly.

Simultaneously, efforts should be made to strengthen inspection, supervision, and preliminary and final reviews to opportunely replicate effective models and commend outstanding individuals and collectives. Doing so will motivate all cadres and soldiers to deeply understand and act in accordance with the Law and contribute to building a revolutionary, regular, elite, modern VPA with the increasingly great synergy and combat strength for firmly protecting the Fatherland in all situations.

Maj. Gen. NGUYEN VIET DUNG

Director of the Department of Legal Affairs

Ministry of National Defence