Can an Individual Without Expunged Conviction Be Called for Military Service Examination? When is the Time for Military Service Examination?
If a person has not yet had their criminal record expunged, can they be called up for military service medical examination?
Article 19 of the 2015 Law on Military Service stipulates the provisions for removing individuals from the military service registration list as follows:
Removal from the military service registration list
1. A citizen is removed from the military service registration list in the following cases:
a) Death;
b) Reaching the maximum age for service in the reserve force;
c) Cases specified in Clause 1 of Article 13 or Article 14 of this Law.
2. Within 10 days from the date of the competent authority's confirmation, the commune-level Military Command, agency, or organization with citizens specified in Clause 1 of this Article must report to the district-level Military Command for a decision.
Clause 1 of Article 13 of the 2015 Law on Military Service specifies cases where military service registration is prohibited:
Subjects not eligible for military service registration
1. Citizens in one of the following cases are not eligible for military service registration:
a) Being prosecuted for criminal liability; serving a prison sentence, non-custodial reform, probation, or having completed their prison sentence but not yet having their criminal record expunged;
b) Being subject to educational measures at the commune, ward, or township level (hereinafter collectively referred to as commune level) or placed in reformatory schools, compulsory educational institutions, or compulsory detoxification facilities;
c) Being deprived of the right to serve in the people's armed forces.
Thus, according to the above regulations, individuals who have completed their prison sentence but have not yet had their criminal record expunged will be removed from the military service registration list. Therefore, individuals who have not yet had their criminal record expunged will not be called up for the military service medical examination.
If a person has not yet had their criminal record expunged, can they be called up for military service medical examination? When is the military service medical examination? (Image from the Internet)
When is the military service medical examination?
Article 40 of the 2015 Law on Military Service provides regulations on health examinations for citizens called up for enlistment and performing the obligation to participate in the People's Public Security as follows:
Health examination for citizens called up for enlistment and performing the obligation to participate in the People's Public Security
1. The chairman of the district-level People's Committee decides to establish the Health Examination Council at the proposal of the district-level health office.
2. The head of the district-level Military Command issues the order for a health examination for citizens who are subject to enlistment; the head of the district-level Public Security issues the order for a health examination for citizens subject to the obligation to participate in the People's Public Security. The health examination order must be delivered to citizens at least 15 days before the examination date.
3. The district-level Health Examination Council organizes the health examination for citizens subject to enlistment and the obligation to participate in the People's Public Security; if necessary, it decides on clinical tests, including tests for drugs and HIV detection; ensures accuracy and is responsible for the examination results of the military service.
4. The health examination period is from November 1 to the end of December 31 each year. The health examination period for calling up citizens for enlistment and performing the obligation to participate in the People's Public Security for the second time as prescribed in Article 33 of this Law is decided by the Prime Minister.
5. The health classification results must be publicly posted at the headquarters of the commune-level People's Committee, agencies, and organizations within 20 days.
The time for organizing the health examination to select citizens for military service is from November 1 to the end of December 31 each year. The health examination results will be available within 20 days and will be publicly posted at the headquarters of the commune-level People's Committee.
What are the requirements for citizens when attending a military service medical examination?
According to Article 10 of Joint Circular 16/2016/TTLT-BYT-BQP, which stipulates the requirements for citizens when going for check-ups, preliminary selection, and health examinations for performing military service as follows:
Requirements for citizens when going for check-ups, preliminary selection, and health examinations for performing military service
1. Must present
a) The health examination order or health check-up order from the head of the district-level Military Command;
b) Personal identification card;
c) Personal health-related documents (if any) to be submitted to the Health Examination Council or the Health Check-up Group for military service.
2. Do not drink alcohol, beer, or use stimulants.
3. Comply with the regulations of the health examination, health check-up area.
4. Prohibit acts of taking advantage of the health examination to evade military service.
Thus, when going for a health check-up to participate in military service, citizens must meet the following requirements:
- Carry all required documents.- Do not drink alcohol, beer, or use stimulants.- Comply with the regulations of the health examination and health check-up area.- Do not take advantage of the health examination to evade military service.
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