Will Vietnamese citizens who are CPV members be exempted from conscription? Who are in charge of giving decision on exemption from conscription for Vietnamese citizens?
- Will Vietnamese citizens who are CPV members be exempted from conscription?
- If a Vietnamese citizen who is eligible for exemption from conscription volunteers to join the army, will he be considered for selection?
- Who are in charge of giving decision on exemption from conscription for Vietnamese citizens?
Will Vietnamese citizens who are CPV members be exempted from conscription?
According to the provisions of Clause 2, Article 41 of the Law on Military Service 2015 as follows:
Postponement and exemption from conscription
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2. These following citizens shall have conscription exempted:
a) Any citizen who is a child of revolutionary martyrs or grade 1 wounded soldiers;
b) Any citizen who is a brother of revolutionary martyrs;
c) Any citizen who is a child of grade 2 wounded soldiers; a child of sick soldiers suffering labor capacity reduction of 81% or above; a child of people infected with dioxin and suffering labor capacity reduction of 81% or above;
d) Any citizen carrying out essential tasks who is not a soldier or a People’s Army;
dd) Any citizen who is official or youth volunteer assigned to extremely disadvantaged socio-economic area according to the law provisions for 24 months or more;
3. Citizens eligible for postponement of conscription prescribed in clause 1 of this Article shall be called up for military service if the reason for postponement is no longer available.
Citizens eligible for postponement or exemption from conscription prescribed in clauses 1 and 2 of this Article who volunteer to join the army shall be consider selecting and calling up.
4. Lists of citizens eligible for postponement or exemption from conscription shall be posted publicly at head offices of People’s Committees of communes and/or relevant organizations/agencies for 20 days.
Thus, these following citizens shall have conscription exempted:
- Any citizen who is a child of revolutionary martyrs or grade 1 wounded soldiers;
- Any citizen who is a brother of revolutionary martyrs;
- Any citizen who is a child of grade 2 wounded soldiers; a child of sick soldiers suffering labor capacity reduction of 81% or above; a child of people infected with dioxin and suffering labor capacity reduction of 81% or above;
- Any citizen carrying out essential tasks who is not a soldier or a People’s Army;
- Any citizen who is official or youth volunteer assigned to extremely disadvantaged socio-economic area according to the law provisions for 24 months or more;
Thus, admission to the Communist Party of Vietnam is not a basis for exemption from military service.
Will Vietnamese citizens who are CPV members be exempted from conscription? Who are in charge of giving decision on exemption from conscription for Vietnamese citizens? (Image from the Internet)
If a Vietnamese citizen who is eligible for exemption from conscription volunteers to join the army, will he be considered for selection?
Pursuant to Clause 3, Article 5 of Circular 148/2018/TT-BQP as follows:
Drafting postponement and exemption
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2. The following citizens shall have their conscription exempted:
a) Citizen who is a child of revolutionary martyrs or grade 1 wounded soldiers.
b) Citizen who is a brother of revolutionary martyrs.
c) Citizen who is a child of grade 2 wounded soldiers; a child of sick soldiers suffering labor capacity reduction of 81% or above; a child of people infected with dioxin and suffering labor capacity reduction of 81% or above.
d) Citizen who is carrying out cipher activities and not a soldier or police.
dd) Citizen who is an official or a youth volunteer assigned to an extremely disadvantaged socio-economic area according the law provisions for 24 months or more.
3. The citizens eligible for postponement specified in Clause 1 of this Article shall be drafted if the reason for postponement is no longer available.
The citizens eligible for postponement or exemption from conscription specified in Clause 1 and Clause 2 of this Article if volunteer to join the army shall be considered for selection and conscription.
4. The lists of citizens eligible for postponement and exemption from conscription shall be posted publicly at the head offices of the People’s Committees of communes and/or relevant organizations or agencies for 20 days from the day in which the Chairmen of the People’s Committees of ward-level sign the Decision.
Thus, the citizens eligible for exemption from conscription if volunteer to join the army shall be considered for selection and conscription.
Who are in charge of giving decision on exemption from conscription for Vietnamese citizens?
The authority to decide on exemption from military service is prescribed under Article 42 of the Law on Military Service 2015 as follows:
Competence in giving decisions on postponement and exemption from conscription and recognition for completion of active duty military service
1. Presidents of People’s Committees of districts are in charge of giving decision on postponement/exemption from conscription for citizens specified in Article 41 of this Law.
2. The Military Commanders of districts are in charge of giving decision on postponement/exemption from conscription for citizens specified in clause 4 Article 4 of this Law.
Thus, the Presidents of People’s Committees of districts are in charge of giving decision on exemption from conscription for citizens as prescribed in Article 41 of the Law on Military Service 2015.
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