In what cases are Vietnamese citizens delayed from participation in militia and self-defense forces?
- In what cases are Vietnamese citizens delayed from participation in militia and self-defense forces?
- In what cases are Vietnamese citizens exempted from participation in militia and self-defense forces?
- In what cases can I be dismissed from militia and self-defense forces before time limit?
- What are the regulations on completion of militia and self-defense force duties?
In what cases are Vietnamese citizens delayed from participation in militia and self-defense forces?
According to Article 11 of the 2019 Law on Militia and Self-Defense Forces in Vietnam, a citizen shall be delayed from participation in militia and self-defense forces in case:
- She is pregnant or raising a child under 36 months old; he is raising a child under 36 months old; or
- He/she has inadequate health to perform tasks of militia and self-defense forces; or
- He/she has a spouse who is an officer, professional servicemen, official, national defense employee, non-commissioned officer or soldier serving in People’s Army; or
- He/she has a spouse who is an officer, non-commissioned officer, soldier or policeman serving for People’s Public Security; or
- He/she has a spouse who is official or youth volunteer assigned to extremely disadvantaged socio-economic area according the law provisions; or
- He/she is the only breadwinner in a poor or near poor household; person directly taking care of relatives incapable of working or not in the age for working; person within a household heavily damaged in terms of humans and assets due to accidents, disasters or diseases confirmed by Chairperson of commune or district that do not have communes, or head of agency or organization where he/she lives; or
- He/she is a spouse, child of sick soldiers, people infected with dioxin and suffering labor capacity reduction from 61% to 80%; or
- He/she is studying in education institutions of regulatory authorities, political organizations, socio-political organizations and education institutions of formal education systems; he/she is working or studying abroad.
In what cases are Vietnamese citizens exempted from participation in militia and self-defense forces?
In Clause 2, Article 11 of the 2019 Law on Militia and Self-Defense Forces in Vietnam, a citizen shall be exempted from participation in militia and self-defense forces in case:
- He/she is a spouse or child of martyrs; or
- He/she is a spouse, child of sick soldiers, people infected with dioxin and suffering labor capacity reduction of 81% or more; or
- He/she is a reservist and has been arranged in reserve forces; or
- He/she is directly taking care of Vietnamese heroic Mothers; directly taking care of persons suffering labor capacity reduction of 81% or more; or
- He/she is working in cipher field.
In what cases are Vietnamese citizens delayed from participation in militia and self-defense forces? (Image from the Internet)
In what cases can I be dismissed from militia and self-defense forces before time limit?
Article 12 of the 2019 Law on Militia and Self-Defense Forces in Vietnam provides for cases of dismissal from militia and self-defense forces before time limit:
- A citizen shall be dismissed from militia and self-defense forces before time limit in case:
+ Female personnel of militia or self-defense force is pregnant or raising a child under 36 months old; male personnel of militia or self-defense force raising a child under 36 months old; or
+ He/she has inadequate health to perform tasks of militia and self-defense forces; or
+ His/her unexpected family hardships render inability to participate in militia and self-defense forces which is confirmed by Chairpersons of People’s Committees of communes and districts that do not have communes, heads of agencies and organizations; or
+ He/she is conscripted for army or People’s Public Security; employed as a national defense official or policeman; or
+ He/she receives a letter of admission in a higher education institution, vocational education institution, school of regulatory authority, political organization or socio-political organization; receives notice and travels abroad for work or study.
- A citizen shall be removed from list of militia and self-defense forces in case:
+ He/she is deceased or declared by the court to be missing or deceased; or
+ He/she is a suspect in a charge; or
+ He/she is revoked from the title of militia and self-defense forces; or
+ He/she is met with enforced entry to education institutions; or
+ He/she is addicted to drugs according to confirmation of competent authority or met with enforced entry to rehabilitation centers;
+ He/she is met with education methods in commune, ward or town.
- Chairpersons of People’s Committees of communes and districts that do not have communes, heads of agencies and organizations shall decide which citizens to be dismissed and removed from militia and self-defense forces.
What are the regulations on completion of militia and self-defense force duties?
In Article 13 of the 2019 Law on Militia and Self-Defense Forces in Vietnam, completion of militia and self-defense force duties is specified as follows:
- Personnel of militia and self-defense forces completing the time limit specified in Clause 2 Article 8 of this Law shall be recognized as having completed participation in militia and self-defense forces.
- Citizens already completed participation in militia and self-defense forces while still remain within the age group specified in Clause 1 Article 8 of this Law shall be subject to registration and management of Chairpersons of People’s Committees of communes and of districts that do not have communes, heads of agencies and organizations so as to be ready for expansion of militia and self-defense forces.
- Standing militia shall be recognized for completion of active military duty during peacetime according to Law on Military Service.
- Chairpersons of People’s Committees of communes and districts that do not have communes, heads of agencies and organizations shall recognize completion of citizens in terms of militia and self-defense forces.
Nguyễn Thị Hồng Nhung