Are members of Communist Party of Vietnam exempt from conscription? What are cases of exemption from conscription in Vietnam?
Are members of Communist Party of Vietnam exempt from conscription?
Pursuant to Clause 2, Article 41 of the 2015 Law on Military Service as follows:
Postponement and exemption from conscription
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2. Exemptions from conscription for the following citizens:
a) Children of martyrs, children of first-class war invalids;
b) One sibling of a martyr;
c) A child of a second-class war invalid; a child of a war invalid with a labor capacity reduction of 81% or higher; a child of a person affected by Agent Orange with a labor capacity reduction of 81% or higher;
d) Cipher officers who are not military personnel or people's police officers;
dd) Officials, public employees, and youth volunteers who are assigned to work in areas with particularly difficult socio-economic conditions as prescribed by law for 24 months or more.
3. Citizens subject to conscription postponement as specified in Clause 1 of this Article, if the reasons for postponement no longer exist, shall be called for conscription.
Citizens eligible for conscription postponement or exemption as specified in Clauses 1 and 2 of this Article, if volunteering, shall be considered for conscription.
4. The list of citizens eligible for conscription postponement or exemption must be publicly posted at the headquarters of the commune-level People's Committee, agencies, and organizations within 20 days.
Thus, if falling into one of the following cases, citizens are exempt from conscription:
- Children of martyrs, children of first-class war invalids;
- One sibling of a martyr;
- A child of a second-class war invalid; a child of a war invalid with a labor capacity reduction of 81% or higher; a child of a person affected by Agent Orange with a labor capacity reduction of 81% or higher;
- Cipher officers who are not military personnel or people's police officers;
- Officials, public employees, and youth volunteers who are assigned to work in areas with particularly difficult socio-economic conditions as prescribed by law for 24 months or more.
Thus, joining the Communist Party of Vietnam is not a basis for exemption from conscription.
Are members of Communist Party of Vietnam exempt from conscription? What are cases of exemption from conscription in Vietnam?
Are members of Communist Party of Vietnam eligible for postponement of conscription?
According to Clause 1, Article 41 of the 2015 Law on Military Service, supplemented by Point c Clause 1 Article 49 of the 2019 Law on Militia and Self-Defense Forces as follows:
Postponement and exemption from conscription
1. Postponement of conscription for the following citizens:
a) Those who do not have the health to serve in the military as concluded by the Health Examination Council;
b) The only laborer directly supporting family members who are unable to work or not of working age; families suffering heavy damage in terms of people and property due to accidents, natural disasters, or dangerous epidemics verified by the commune-level People's Committee;
c) One child of a war invalid, a person affected by Agent Orange with a labor capacity reduction from 61% to 80%;
d) Having a sibling who is a non-commissioned officer or soldier currently serving in the military; a non-commissioned officer or soldier performing the obligations in the People's Police;
dd) Citizens resettled to particularly difficult communes under the state-developed socio-economic projects within the first 3 years;
e) Officials, public employees, and youth volunteers assigned to work in areas with particularly difficult socio-economic conditions as prescribed by law;
g) Students in formal education institutions, university, or college programs during their course of study.
h) Full-time militia.
If members of Communist Party of Vietnam fall into one of these cases, they are eligible for postponement of conscription.
Therefore, if members of Communist Party of Vietnam do not fall into the cases of postponement or exemption from conscription, they must enlist when meeting the requirements and conditions as prescribed by law.
Who has the authority to decide on the exemption of military service?
The authority to decide on the exemption of military service is prescribed in Article 42 of the 2015 Law on Military Service as follows:
Authority to decide on postponement, exemption from conscription, and recognition of completed military service
1. The Chairman of the district-level People's Committee decides on postponement and exemption from conscription for citizens as stipulated in Article 41 of this Law.
2. The Chief of the district-level Military Command decides on the recognition of completed military service for citizens as stipulated in Clause 4, Article 4 of this Law.
Thus, the Chairman of the district-level People's Committee decides on the exemption from conscription for citizens as stipulated in Article 41 of the 2015 Law on Military Service.
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