What is the penalty for intentionally falsifying the results of military service health prequalification in Vietnam? What is the pre-qualification process for military service?
- Pre-qualification for military service by whom? How is the process done?
- What is the penalty for intentionally falsifying the results of military service health prequalification in Vietnam?
- What are the responsibilities of the commune health stations responsible for performing in the medical examination for military service in Vietnam?
Pre-qualification for military service by whom? How is the process done?
Pursuant to Clause 1, Article 5 of the Joint Circular 16/2016/TTLT-BYT-BQP of Vietnam stipulating as follows:
Military service health prequalification
1. Health prequalification is conducted by the commune health station under the professional direction of the district health center.
Thus, the pre-qualification of health for military service is conducted by the commune health station under the professional direction of the district health center.
Pursuant to Article 5 of the Joint Circular 16/2016/TTLT-BYT-BQP of Vietnam stipulating as follows:
Military service health prequalification
1. Health prequalification is conducted by the commune health station under the professional direction of the district health center.
2. Health prequalification content
a) Detect cases of physical inadequacy, deformity, deformity and diseases eligible for exemption from military service registration;
b) Take personal and family medical history.
3. Health prequalification process
a) Based on the plan on selection and summoning of citizens for military service of the local military service council, make a list of subjects who are citizens eligible for medical examination to perform military service in the area assigned to manage;
b) Organize health pre-qualification according to the content specified in Clause 2 of this Article;
c) Complete and confirm personal medical history and information of citizens called for medical examination for military service as prescribed in Section I, Form 2, Appendix 4 issued together with this Circular;
d) Make a list of citizens suffering from diseases on the List of diseases exempt from military service registration according to Table 3, Appendix 1 issued together with this Circular, and report to the Communal Military Service Council;
dd) Summarize, make statistics and report on the results of health pre-qualification according to Forms 2 and 5b, Appendix 5 issued together with this Circular.
Thus, the military service health prequalification process is carried out as follows:
- Based on the plan on selection and summoning of citizens for military service of the local military service council, make a list of subjects who are citizens subject to medical examination to perform military service in the assigned area;
- Organize health pre-qualification according to the content specified in Clause 2, Article 5 of Joint Circular 16/2016/TTLT-BYT-BQP
- Complete and confirm personal medical history and information of citizens called for medical examination for military service as prescribed in Section I, Form 2, Appendix 4 issued together with Joint Circular 16/2016/TTLT-BYT-BQP
- Make a list of citizens suffering from diseases on the List of diseases exempt from military service registration according to Table 3, Appendix 1 issued together with this Circular, and report to the Communal Military Service Council;
- Summarize, make statistics and report on the results of pre-qualification of health according to Forms 2 and 5b, Appendix 5 issued together with Joint Circular 16/2016/TTLT-BYT-BQP
What is the penalty for intentionally falsifying the results of military service health prequalification in Vietnam? What is the pre-qualification process for military service? (Image from the Internet)
What is the penalty for intentionally falsifying the results of military service health prequalification in Vietnam?
Pursuant to Article 10 of the 2015 Law on Military Service of Vietnam stipulating as follows:
Prohibited acts
1. Evasion of military service.
2. Opposition, obstacle to the performance of military service.
3. Deceitfulness in pre-enlistment medical check-up.
4. Misuse of power to commit violation against the regulations on military service.
5. Use of non-commissioned officers and/or enlisted soldiers unconformably to the provisions of laws.
6. Offence to non-commissioned officers and/or enlisted soldiers.
Thus, deceitfulness in pre-enlistment medical check-up is a prohibited act in the military service.
Pursuant to Article 6 of Decree 120/2013/ND-CP of Vietnam as amended by Clause 8, Article 1 of Decree 37/2022/ND-CP of Vietnam stipulating as follows:
Violations against regulations on medical examination and examination for the 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 of the 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 orders 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 fraudulent acts to falsify the results of his/her health classification in order to evade military service;
b) Giving money, property, or other material benefits valued at less than VND 2,000,000 to officials, medical staff or other people in order to falsify the results of health classification of the person being examined or the person receiving medical examination for military service in order to evade military service.
4. A fine ranging from VND 25,000,000 to VND 35,000,000 shall be imposed for failing to comply with orders for medical examination and examination for military service.
Thus, those undergoing medical examination who commit acts of deception to falsify the results of their health classification in order to evade military service will be administratively sanctioned from VND 15 million to VND 20 million.
For acts of giving money under 2 million VND to falsify results of medical examination for military service, they will also be sanctioned according to the above regulations.
What are the responsibilities of the commune health stations responsible for performing in the medical examination for military service in Vietnam?
Article 14 of Joint Circular 16/2016/TTLT-BYT-BQP of Vietnam stipulates that commune health stations have the following responsibilities in medical examination for military service in Vietnam:
- Appoint officers to join the military service health examination team.
- Organize health checks, prepare health records for citizens subject to military service according to the plan of the local Military Service Council. Manage and monitor the health situation of citizens (under their management) of military service age, timely detect cases of chronic diseases, diseases on the list of diseases exempt from military service registration.
- Based on the plan of the Communal Military Service Council, coordinate with the Commune Military Command to organize a pre-qualification for the health of citizens who are called for medical examination to perform military service.
- After the pre-qualification, make a list of citizens who meet the health criteria for military service and citizens with diseases on the List of diseases exempt from military service registration specified in Table 3, Appendix 1 enclosed with this Circular, through the Communal Military Service Council.
- Confirm and take responsibility for the medical history of citizens called up for military service and registered for the military entrance exam; hand over the health records and military service health cards of the citizens going for medical examination to the district military service health examination council.
- Carrying out preliminary, summarizing, and drawing experiences on health pre-qualification, military service health check after each selection and calling citizens to enlist or focus on training reserve troops.
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