Citizens who do not comply with the order for medical examination and medical examination in Vietnam will be fined up to VND 35,000,000 from July 22, 2022?
What is the age to call for military service?
Pursuant to the provisions of Article 30 of the Law on Military Service 2015 stipulates the age for enlistment as follows:
"Article 30. Age for enlistment
Citizens who are full 18 years old may be called up for military service; the age for enlistment is from full 18 years old to the end of 25 years old; Citizens who have been trained at the college or university level and have been postponed to enlist in the army, the age for enlistment will be until the end of 27 years old.
Thus, the age to be called up for military service is specified as above.
Decree 37/2022/ND-CP stipulates how to amend and supplement new points in the sanction of medical examination in Vietnam and examination for performing military service?
Amending regulations on sanctioning of medical examination in Vietnam for performing military service?
Regulations on sanctioning of medical examination in Vietnam and examination for performance of military service according to Article 6 of Decree 120/2013/ND-CP are as follows:
"Article 6. Violations against regulations on medical examination and examination for performance of military service
1. A fine of between VND 800,000 and VND 1,200,000 shall be imposed for failing to show up at the time or place for medical examination and examination stated in the medical examination and medical examination paper for performing military service without any legitimate reason.
2. A fine of between VND 2,000,000 and 4,000,000 shall be imposed for one of the following violations:
a) The medical examiner fraudulently falsifies the results of his/her health classification in order to evade military service;
b) Giving money or other material benefits to medical officials and employees to falsify results of health classification of medical examiners performing military service;
c) Medical officers and employees intentionally falsify health factors of medical examiners performing military service.
3. Remedial measures:
a) Forcible examination or medical examination according to the plan of the Military Service Council, for the acts specified in Clause 1 of this Article;
b) Forcible return of illegal benefits obtained by medical staff, for the acts specified at Point b, Clause 2 of this Article;
c) Forcible re-examination of the medical examination for the person receiving the medical examination in Vietnam to perform military service specified at Points a, b, c, Clause 2 of this Article."
Pursuant to Article 6 of Decree 120/2013/ND-CP (amended and supplemented in Clause 8, Article 1 of Decree 37/2022/ND-CP) as follows:
“Article 6. Violations against regulations on medical examination and examination for performance of military service
1. A fine ranging from VND 10,000,000 to VND 12,000,000 shall be imposed for failing to show up at the time or place for medical examination and examination stated in the Commanding Officer's order for examination or medical examination for military service. head of the district-level military command in accordance with the Law on Military Service without a legitimate reason.
2. A fine ranging from VND 12,000,000 to VND 15,000,000 shall be imposed for intentionally refusing to receive the call for medical examination and medical examination for military service from the commander of the district-level military command in accordance with the Law. Military service without good reason.
3. A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for one of the following acts:
a) The person receiving the medical examination commits deceitful acts to falsify his/her health classification results in order to evade military service;
b) Giving money, property, or other material benefits worth less than 2,000,000 VND to medical officials, employees or other people to falsify the results of the health classification of the examined person or the person being examined. medical examination for military service in order to avoid military service.
4. A fine ranging from VND 25,000,000 to VND 35,000,000 shall be imposed for failing to comply with the order for medical examination and examination for military service.”.
Thus, the new regulation will increase the administrative penalty for the above medical examination in Vietnam and examination.
How is the health check for citizens calling for military service?
Pursuant to the provisions of Article 40 of the Law on Military Service 2015 stipulates as follows:
Article 40. Health examination for citizens calling for military service and performing the obligation to join the People's Police
1. The chairperson of the district-level People's Committee shall decide to establish a health examination council at the request of the medical office of the same level.
2. The commanders of the district-level military commanding committees shall issue orders to call for medical examination of citizens eligible for enlistment; District-level police chiefs issue orders to call for health check-ups for citizens eligible to be called to perform the obligation to join the People's Police. The order for medical examination must be delivered to citizens 15 days before the time of medical examination.
3. The district-level health examination councils shall organize health examinations for citizens who are called up for military service and called to perform the obligation to join the People's Police; when necessary, decide on paraclinical testing, including testing for drug and HIV detection; ensure the accuracy and take responsibility for the results of medical examination for military service.
4. The medical examination period is from November 1 to the end of December 31 every year. The time for medical examination to call citizens to enlist in the army and perform the obligation to join the People's Police for the second time according to the provisions of Article 33 of this Law shall be decided by the Prime Minister.
5. Health classification results must be publicly posted at the headquarters of the commune-level People's Committees, agencies and organizations within 20 days.
Decree 37/2022/ND-C takes effect from July 22, 2022.
Thus, the medical examination in Vietnam for citizens calling for military service is regulated as above.
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