New: Voluntarily stopping performing the service of participating in the 'militia and self-defense forces in Vietnam' is subject to an administrative fine of up to VND 9 million from July 22, 2022?

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• According to current regulations, how are violations of regulations on militia and self-defense forces in Vietnam organizations sanctioned?
• In the near future, from July 22, 2022, how will violations of regulations on militia and self-defense organizations be penalized?
• Stop performing the obligation to join the Militia and Self-Defense Force before the deadline, and be removed from the list of militia and self-defense forces in Vietnam?

According to current regulations, how are violations of regulations on militia and self-defense forces in Vietnam organizations sanctioned?

According to Article 21 of Decree No. 120/2013/ND-CP, the penalties for violations against regulations on militia and self-defense forces in Vietnam are as follows:

"Article 21. Violations against regulations on militia and self-defense organizations

1. A fine of between VND 500,000 and 1,500,000 shall be imposed for evading the performance of the obligation to join the core militia and self-defense force.

2. A fine of between VND 2,000,000 and 4,000,000 shall be imposed for obstructing the construction of militia and self-defense forces.

3. A fine ranging from VND 4,000,000 to VND 6,000,000 shall be imposed for failing to comply with decisions of competent agencies on building militia and self-defense forces.

4. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for unlawfully organizing militia and self-defense forces.

5. Remedial measures:

a) Forcible performance of the obligation to join the militia and self-defense force, for the acts specified in Clause 1 of this Article;

b) Forcing a militia and self-defense organization under a decision of a competent authority, for the acts specified in Clause 3 of this Article;

c) Illegally disbanding militia and self-defense forces, for the acts specified in Clause 4 of this Article."

Thus, according to current regulations, violations of militia and self-defense organizations shall be fined from VND 500,000 to VND 15,000,000

New: Voluntarily stopping performing the service of participating in the "militia and self-defense forces in Vietnam" is subject to an administrative fine of up to VND 9 million from July 22, 2022?

In the near future, from July 22, 2022, how will violations of regulations on militia and self-defense organizations be penalized?

According to Clause 16, Article 1 of Decree 37/2022/ND-CP amending Article 21 of Decree 120/2013/ND-CP, stipulating administrative sanctions for violations of military service performance as follows:

“Article 21. Violations against regulations on militia and self-defense organizations

1. A fine ranging from VND 4,000,000 to VND 6,000,000 shall be imposed for evading the implementation of decisions of competent agencies on organizing the construction of militia and self-defense forces.

2. A fine of between VND 8,000,000 and 10,000,000 shall be imposed for failing to comply with a competent authority's decision on organization of the construction of the militia and self-defense force.

3. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for obstructing the organization of the construction of militia and self-defense forces.

4. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for one of the following acts:

a) Opposing the establishment or organization of construction of militia and self-defense forces;

b) Opposing the competent authorities' decision to expand the militia and self-defense force.

5. A fine ranging from VND 50,000,000 to VND 75,000,000 shall be imposed for establishing or organizing militia and self-defense forces in contravention of law.

6. Remedial measures: Forcible dissolution of militia and self-defense forces that are illegally established or organized, for violations specified in Clause 5 of this Article.”.

According to Clause 17, Article 1 of Decree 37/2022/ND-CP amending Article 21 of Decree 120/2013/ND-CP, stipulating administrative penalties for violations of military service performance as follows:

"17. To add Article 21a after Article 21 as follows:

Article 21a. Violation of regulations on performing the obligation to join militia and self-defense forces

1. A fine of between VND 2,000,000 and 3,000,000 shall be imposed for evading the performance of the obligation to join the militia and self-defense force.

2. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for obstructing the performance of the obligation to join the militia and self-defense force.

3. A fine of between VND 5,000,000 and 7,000,000 shall be imposed for opposing the performance of the obligation to join the militia and self-defense force.

4. A fine ranging from VND 7,000,000 to VND 9,000,000 shall be imposed for voluntarily stopping the performance of the obligation to participate in the militia and self-defense force before there is no decision of the competent authority to terminate the performance of the civil service obligation. self-defense forces ahead of time or removed from the list of militia and self-defense forces”.

Thus, for acts of voluntarily terminating the performance of the service to join the militia and self-defense forces in Vietnam without a decision of the competent authority to terminate the performance of the obligation to join the militia and self-defense forces in Vietnam ahead of time or being removed from the list of members of the militia and self-defense force. militia and self-defense policies shall be fined from VND 7 million to VND 9 million.

Stop performing the obligation to join the Militia and Self-Defense Force before the deadline, and be removed from the list of militia and self-defense forces in Vietnam?

According to Article 12 of the 2019 Law on Militia and Self-Defense, the provision on termination of the obligation to join the Militia and Self-Defense Force ahead of time, removal from the list of militia and self-defense forces is as follows:

"Article 12. Retirement from performing the obligation to join the Militia and Self-Defense Force ahead of time, removal from the list of militia and self-defense forces

1. Stop performing the obligation to join the Militia and Self-Defense Force ahead of time in the following cases:

a) Female militia and self-defense forces are pregnant or raising children under 36 months old, male militia and self-defense forces alone raise children under 36 months old;

b) Not healthy enough to perform the tasks of the Militia and Self-Defense Force;

c) The family's circumstances are unexpectedly difficult, and they are unable to continue performing the obligation to join the Militia and Self-Defense Force, which is approved by the President of the Commune-level People's Committee or the President of the People's Committee of the district where there is no administrative unit. the commune-level government, the head of the agency or organization certifying;

d) There is an order to enlist in the army or a call to perform the obligation to join the People's Police; there is a decision on recruitment for civil servants, public employees, defense workers, public security workers;

dd) Having a notice and enrolling in a higher education institution, a vocational education institution, a school of a state agency, a political organization, or a socio-political organization; people who have newspapers and go to work, study or work abroad.

2. Removal from the list of militia and self-defense forces in the following cases:

a) Dead or declared as missing or dead by the Court;

b) The accused is prosecuted;

c) Being stripped of the title of militia and self-defense force;

d) Being subject to the measure of sending to a compulsory educational institution;

dd) Being addicted to drugs as certified by a competent authority or being subject to the measure of consignment to a compulsory detoxification establishment;

e) The measure of education is applied in communes, wards or townships.

3. The chairperson of the commune-level People's Committee, the president of the district-level People's Committee where there is no commune-level administrative unit, and the head of an agency or organization shall decide to stop performing the obligation to join the militia and self-defense force. ahead of time, removed from the Militia and Self-Defense Forces list."

Decree 37/2022/ND-CP takes effect from July 22, 2022.