Vietnam: Shall persons deserting during their participation in military service be prosecuted for criminal liability? What do the sheltering and concealment of deserting soldiers include?
- Shall deserters in Vietnam be prosecuted for criminal liability?
- What do the sheltering and concealment of deserting soldiers in Vietnam include?
- Shall the desertion duration be included in the duration of service in regular armed forces in Vietnam?
- What are the responsibilities and powers of agencies, organizations, and individuals in military service registration and management of citizens subject to military service in Vietnam?
Shall deserters in Vietnam be prosecuted for criminal liability?
Pursuant to Article 402 of the 2015 Criminal Code as follows:
Desertion
1. Any person who leaves the unit to evade military service whether in wartime or while having incurred a disciplinary penalty for the same offence or causing serious consequences shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment.
2. This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:
a) The offender is a commander or commissioned officer;
b) The offender drags another person into committing the offence;
c) The offender carries, abandons military weapons or equipment or secret documents;
d) The offence results in very serious consequences.
3. This offence committed in any of the following circumstances carries a penalty of 05 - 12 years' imprisonment:
a) The offence is committed in battle;
b) The offence is committed in a warzone;
c) The offence is committed during a rescue mission;
d) The offence is committed in time of emergency;
dd) The offence results in extremely serious consequences.
Accordingly, the Criminal Code stipulates that deserters in Vietnam will be prosecuted for criminal liability in wartime. In peacetime, deserters who have incurred a disciplinary penalty for the same offense, or caused serious consequences shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment.
Depending on the nature and seriousness of the violation, it is necessary to determine criminal liability according to the above provisions.
What do the sheltering and concealment of deserting soldiers in Vietnam include?
Pursuant to Article 7 of Circular 95/2014/TT-BQP as follows:
“Sheltering and concealment of deserting soldiers” mentioned in Point b Clause 1 Article 8 of Decree No. 120/2013/ND-CP
“Sheltering and concealment of deserting soldiers” mentioned in Point b Clause 1 Article 8 of Decree No. 120/2013/ND-CP refers to any of the following acts:
1. Allowing the deserting soldier to stay in one's house or on the premises of a regulatory body or organization without reporting to the competent person or authority.
2. Helping the deserting soldier go into hiding or providing the deserting soldier with equipment and materials needed to go into hiding.
3. Preparing documents to legalize the desertion.
Accordingly, the sheltering and concealment of deserting soldiers in Vietnam include:
- Allowing the deserting soldier to stay in one's house or on the premises of a regulatory body or organization without reporting to the competent person or authority.
- Helping the deserting soldier go into hiding or providing the deserting soldier with equipment and materials needed to go into hiding.
- Preparing documents to legalize the desertion.
Shall the desertion duration be included in the duration of service in regular armed forces in Vietnam?
Pursuant to Article 22 of the Law on Military Service 2015 as follows:
Method for calculating duration of service in regular armed force of non-commissioned officers/enlisted soldiers
1. Duration of service in regular armed force of non-commissioned officers/enlisted soldiers is calculated from the day on which the soldiers are transferred or from the day on which People's Army accept the soldiers to the demobilized day decided by competent authorities.
2. The duration of desertion and time of serving the temporary prison sentence shall not be included in duration of service in regular armed force.
Thus, the desertion duration shall not be included in the duration of service in regular armed force in Vietnam
What are the responsibilities and powers of agencies, organizations, and individuals in military service registration and management of citizens subject to military service in Vietnam?
According to the provisions of Article 20 of the Law on Military Service 2015, the responsibilities and powers of agencies, organizations, and individuals in military service registration and management of citizens subject to military service are:
- The Government shall detail the procedures for registration for military service.
- The Minister of National Defense shall direct and provide guidance for military service registration, issue the system of the registration form for military service, the regime for reporting and inspecting the registration for military service; carry out the management of citizens subject to military service; establish and manage constantly the database about military service.
- People’s Committees at all levels are responsible for directing the military service registration and management of citizens subject to military service in local areas according to the law provisions.
- Military agencies of districts/communes within their tasks and powers shall:
+ Organization the military service registration and issue the certificates of military service registration;
+ Preside over, and cooperate with relevant agencies in the management of citizens subject to military service.
- Police departments of districts/communes within their tasks and powers shall:
+ Promptly notify the Military Commands of the same levels where the citizen subject to military service is living
+ Notify the Military Commands of the same levels of the changes in permanent residence, absence, stating of citizens subject to military service for management of military service registration;
+ Cooperate with local military agencies and relevant agencies in inspecting and handling violations against regulations on military service registration.
- Relevant agencies and organizations shall cooperate with military agencies of the same levels in the implementation of regulations on registration for military service and management of citizens subject to military service.
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