Accepted Military Service Duty 2024 but Evades Deployment, What Penalties Will Be Imposed? Will There Be Criminal Prosecution?
What are the penalties for evading 2024 military service after being selected? Is there criminal liability?
Evading military service after being selected for 2024 military service means not complying with the enlistment order.
(1) Administrative Sanctions:
Pursuant to the provisions of Article 7 of Decree 120/2013/ND-CP, amended by Clause 9, Article 1 Decree 37/2022/ND-CP, as follows:
Violation of enlistment regulations
1. A fine of VND 30,000,000 to VND 40,000,000 for failing to report at the specified time or location in the enlistment order without a valid reason.
2. A fine of VND 40,000,000 to VND 50,000,000 for fraudulent actions to evade the enlistment order after being found fit for military service according to the health examination.
3. A fine of VND 50,000,000 to VND 75,000,000 for failing to comply with the enlistment order, except for the actions specified in Clauses 1 and 2 of this Article.
4. Remedial measures: Compulsory military service for those violating the provisions of Clauses 1, 2, and 3 of this Article.
Thus, the act of not complying with the enlistment order (except for the actions specified in Clauses 1 and 2, Article 7 of Decree 120/2013/ND-CP) will be fined from VND 50,000,000 to VND 75,000,000.
Additionally, violators will be required to perform military service.
(2) Criminal Sanctions:
Pursuant to the provisions of Article 332 of the Criminal Code 2015 regarding the crime of evading military service:
Crime of evading military service
1. Anyone who does not comply with the laws on military service registration, does not comply with the enlistment order or the order to concentrate for training, who has been administratively sanctioned for this act or has been convicted of this crime but has not yet had their criminal record expunged and continues to violate, shall be subject to non-custodial reform for up to 02 years or imprisonment from 03 months to 02 years.
2. Committing the offense in any of the following cases shall be subject to imprisonment from 01 year to 05 years:
a) Self-inflicting injury or harming one's own health;
b) Committing the crime during wartime;
c) Inciting others to commit the crime.
Pursuant to Clause 8, Article 3 of the Law on Military Service 2015, evading military service is defined as not complying with the order to register for military service; the order for a health examination for military service; the enlistment order; the order to concentrate for training, exercises, mobilization checks, or combat readiness.
Thus, the first-time violation of the enlistment order will not be subject to criminal sanction but only administrative fines.
For repeat violations of the enlistment order after being administratively sanctioned for this act or having been convicted of this crime but not yet having the criminal record expunged, the penalty is non-custodial reform up to 02 years or imprisonment from 03 months to 02 years.
Committing the offense under one of the following circumstances will result in imprisonment from 01 year to 05 years:
- Self-inflicting injury or harming one's own health;- Committing the crime during wartime;- Inciting others to commit the crime.
What are the penalties for evading 2024 military service after being selected? Is there criminal liability? (Image from the Internet)
Which cases are exempt from military service in 2024?
Pursuant to Clause 1, Article 41 of the Law on Military Service 2015, as supplemented by Point c, Clause 1, Article 49 of the Law on Militia and Self-defense Forces 2019, the cases eligible for postponement of enlistment are as follows:
- Those who are not in good health for active service according to the conclusion of the Health Examination Board;- Those who are the sole laborers directly supporting relatives who are no longer able to work or are under the working age; or whose family has suffered heavy losses in terms of people and property due to accidents, natural disasters, or dangerous epidemics certified by the Commune People’s Committee;- One child of a war invalid or a person exposed to Agent Orange with a work capacity reduction of 61% to 80%;- Those whose siblings are non-commissioned officers or enlisted soldiers serving active service; non-commissioned officers or soldiers serving in the People’s Public Security;- Those relocating to extremely difficult communes according to the State's socio-economic development project decided by the People's Committee at provincial level or higher within the first 03 years;- Officials and public employees, youth volunteers assigned to work in areas with extremely difficult socio-economic conditions according to the law;- Those studying at general education institutions; those undergoing university-level full-time education at higher education institutions, or college-level full-time education at vocational education institutions for the duration of a training course for a degree level;- Permanent militia personnel.
Citizens falling under the above-mentioned categories shall be eligible for postponement of enlistment in 2024.
In addition, pursuant to Clause 2, Article 41 of the Law on Military Service 2015, the following cases shall be exempt from the 2024 military service enlistment:
- Children of martyrs or children of Class 1 war invalids;- One sibling of a martyr;- One child of a Class 2 war invalid or one child of a person exposed to Agent Orange with a work capacity reduction of 81% or more;- Those working in the cipher sector who are not military personnel or public security;- Officials and public employees, youth volunteers assigned to work in areas with extremely difficult socio-economic conditions according to the law for 24 months or more.
Moreover, citizens who are eligible for enlistment postponement as mentioned above, if they no longer hold the reason for postponement, will be summoned to enlist.
Citizens eligible for enlistment postponement or exemption who volunteer will be considered for enlistment.
Official schedule for 2024 military service enrollment
On November 6, 2023, the Ministry of National Defense issued Official Dispatch 4267/BQP-TM in 2023 regarding the selection and summoning of citizens for military enrollment in 2024.
According to Official Dispatch 4267/BQP-TM in 2023, the handover period of conscripts for military service in 2024 is as follows:
Implementing the Law on Military Service 2015 and QD 82/QD-TTg in 2023 by the Prime Minister of the Government of Vietnam regarding the enlistment of citizens in 2024, the selection and summoning of citizens for enlistment will be conducted once in 2024; the handover period lasts for 03 days, from February 25 to February 27, 2024 (from January 16 to January 18 of the Year of the Dragon).
Thus, in 2024, there will be one round of selection and summoning of citizens for enlistment.
The 2024 military service enrollment schedule is as follows:
Depending on each locality, the handover period will take place over 03 days from February 25, 2024, to February 27, 2024 (from January 16 to January 18 of the Year of the Dragon).
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