Is there a recommendation for compulsory military service before attending university? How does the Ministry of National Defense of Vietnam respond?

I would like to ask if there is a recommendation for compulsory military service before attending university. - Question from Mr. Ngoc (Vinh Long)

Is there a recommendation for compulsory military service before attending university?

According to the website of the Ministry of National Defense of Vietnam, the Ministry of National Defense received a petition from voters in Thai Binh province sent by the People's Volunteer Committee with the following content:

Voters propose to study and submit to the National Assembly for consideration and amendments to the 2015 Law on Military Service, which stipulates that all young men reach the age to perform military service; only then will they be allowed to go to university or learn a job to ensure rigor and fairness, create favorable conditions for grassroots authorities to call young people to join the army.

Thus, voters in Thai Binh province were transferred by the People's Volunteers Committee with the content of young men reaching the age to perform military service; only then can they go to university or learn a job to ensure the rigor and fairness, creating favorable conditions for the grassroots government to call young people to join the army.

Is there a recommendation for mandatory military service before attending university? How does the Ministry of National Defense of Vietnam respond?

Is there a recommendation for mandatory military service before attending university? How does the Ministry of National Defense of Vietnam respond?(Image from the Internet)

How does the Ministry of National Defense of Vietnam respond to the recommendation of compulsory military service before attending university?

After receiving information about the above petition, the Ministry of National Defense responded as follows:

- The 2015 Law on Military Service in Vietnam was approved by the 13th National Assembly, 9th session on June 19, 2015, and took effect from January 1, 2016; together with documents detailing guidelines for the Law were promulgated, adjusting some basic contents such as:

+ Regulations on military service registration, subjects to be postponed or exempted from conscription in peacetime.

+ The work of recruiting and calling citizens to join the army.

+ Selection criteria for enlistment age, health, culture, politics, and ethics.

+ Policies for non-commissioned officers, soldiers and relatives.

+ Sanctions... have created a legal corridor, improving the effectiveness of state management of military service.

In addition, the Ministry of National Defense also said that the implementation of the Law on Military Service encountered many difficulties and obstacles due to limited economic conditions and a number of other factors. Therefore, every year, the Ministry of Defense only calls for military service from 3.0% to 3.2% of the total number of young people of military age.

This has led to reflections on ensuring the rigor and fairness as voters of Hoa Binh province have commented.

Thereby, the Ministry of National Defense received, studied, considered and reported to the Government, submitted to the National Assembly for amendments and supplements to the 2015 Law on Military Service according to the law and ordinance drafting program for the 15th National Assembly term.

At the same time, directing functional agencies to review legislative documents to implement the Law on Military Service; study and propose to the Government, and relevant ministries and agencies to amend, supplement and complete the system of legislative documents related to the field of military service to ensure uniformity and synchronization in implementation, contributing to fairness in the enlistment.

When will military service soldiers be discharged from the army in 2023?

Pursuant to Article 43 of the 2015 Law on Military Service in Vietnam stipulating as follows:

Conditions for demobilization
1. Any non-commissioned officers/enlisted soldiers who has performed the active duty military for the period of time specified in clauses 1 and 2 Article 21 of this Law shall be demobilized.
2. A non-commissioned officer/enlisted soldier may be demobilized before the regular date of demobilization in case the Medical Examination Council concludes that he/she does not have satisfactory health for continuing the active duty service or the cases specified in points b and c clause 1; points a, b and c clause 2 Article 41 of this Law.

At the same time, based on Article 21 of the 2015 Law on Military Service in Vietnam, the duration of service in regular armed force of non-commissioned officers/enlisted soldiers is as follows:

Duration of service in regular armed force of non-commissioned officers/enlisted soldiers
1. Duration of service in regular armed forces in peacetime of non-commissioned officers/enlisted soldiers is 24 months.
2. The Minister of National Defense may give decision on extension of duration of service in regular armed force of non-commissioned officers/enlisted soldiers in the following cases (the extension shall not exceed 6 months):
a) To ensure the readiness for combat;
b) During the prevention and fighting against natural disasters/epidemics and the rescue activities.
3. The duration of service of non-commissioned officers/enlisted soldiers in wartime or in emergency conditions of national defense shall be in accordance with the general mobilization or local mobilization.

In addition, Article 33 of the 2015 Law on Military Service in Vietnam provides the following:

Time of conscription and performance of military service in the People’s Police force
Annually, citizens shall be conscripted and requested to perform military service in People’s Army or People’s Police in February or March; in case of necessity for defense purposes, the conscription shall be carried out the second time. Regarding areas with disaster or dangerous epidemic, time for conscription and service in People’s Army or People’s Police shall be adjusted.

Thus, according to the above regulations, annually, citizens shall be conscripted and requested to perform military service. The duration of service in regular armed forces is 24 months, so for citizens who enlist in 2021, they will be discharged in February or March 2023.

Which agency is responsible for receiving military service registration?

Pursuant to Article 15 of the 2015 Law on Military Service in Vietnam stipulating that the responsibility for military service registration receiving agencies as follows:

- Military Commands of communes shall be responsible for the registration of residents in local areas.

- Military Commands of agencies/organizations shall be responsible for military service registration of citizens working or studying in such agencies/organizations then collect and report to Military Commands of districts in local areas.

- If an establishment does not have Military Command, the heads or legal representatives of such agencies/organizations shall direct the citizen to register for military service in their local areas.

Nguyễn Thị Hồng Nhung

Legal Grounds
The latest legal advice
MOST READ
{{i.ImageTitle_Alt}}
{{i.Title}}