Fines of up to 75 million VND for citizens in Vietnam who do not comply with the order to enlist in the army?

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• Citizens who do not go to the place to enlist for military service will be penalized according to current regulations?
• From July 22, 2022, how will citizens in Vietnam who do not comply with the order to enlist in the military?
• What is the time of calculating the statute of limitations for sanctioning violations of the act of not complying with the order to enlist for military service?

Citizens who do not go to the place to enlist for military service will be penalized according to current regulations?

According to Article 7 of Decree No. 120/2013/ND-CP on failure to show up at the time or place of concentration stated in the call for enlistment as follows:

"Article 7. Violations against regulations on military enlistment

1. A fine of between VND 1,500,000 and VND 2,500,000 shall be imposed for failing to show up at the time or place of concentration stated in the call for enlistment without a valid reason.

2. Remedial measures: Forcible execution of the order to enlist in the army, for the acts specified in Clause 1 of this Article."

Thus, according to current regulations, citizens in Vietnam who do not go to the place to enlist for military service will be fined from VND 1,500,000 to VND 2,500,000. This fine level is the fine level for individuals, for the same act of administrative violation, the fine level for organizations is equal to 02 times the fine level for individuals.

Fines of up to 75 million VND for citizens in Vietnam who do not comply with the order to enlist in the army?

From July 22, 2022, how will citizens in Vietnam who do not comply with the order to enlist in the military?

According to Clause 9, Article 1 of Decree 37/2022/ND-CP amending Article 7 of Decree 120/2013/ND-CP providing for administrative sanctions for violations of compliance with orders to enlist in the army. the following:

“Article 7. Violations against regulations on enlistment

1. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failing to show up at the time or place of concentration stated in the summons to enlist without a valid reason.

2. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for fraudulent acts in order to evade the execution of the order to enlist after receiving the results of the medical examination for military service and to satisfy all conditions for enlistment according to regulations. determined.

3. A fine ranging from VND 50,000,000 to VND 75,000,000 shall be imposed for failing to comply with the order to enlist, except for the cases specified in Clauses 1 and 2 of this Article.

4. Remedial measures: Forcible performance of military service for those who commit violations specified in Clauses 1, 2 and 3 of this Article.”

Thus, according to the above provisions, from July 22, 2022, the fine level for individuals who fail to show up at the time or place of gathering stated in the enlistment order is from 30,000,000 VND to 40,000,000 VND. , for acts of not complying with the order to enlist in the army, a fine ranging from VND 50,000,000 to VND 75,000,000. This fine level is the fine level for individuals, for the same act of administrative violation, the fine level for organizations is equal to 02 times the fine level for individuals

What is the time of calculating the statute of limitations for sanctioning violations of the act of not complying with the order to enlist for military service?

According to Decree 37/2022/ND-CP amending Article 2 of Decree 120/2013/ND-CP stipulating the time of calculating the statute of limitations for sanctioning violations of the time for medical examination for military service as follows:

The time limit for calculating the statute of limitations for sanctioning administrative violations in the field of national defense and ciphers shall comply with the provisions of Clause 1, Article 6 of the 2012 Law on Handling of Administrative Violations, as amended and supplemented at Point a, Clause 1 of this Article. 4 Article 1 Law amending and supplementing a number of articles of the Law on Handling of Administrative Violations 2020, specifically as follows:

1. For administrative violations specified in Clause 3, Article 6, Clause 2, Article 7 and Clause 2, Article 11 of this Decree, the statute of limitations for sanctioning is counted from the date the individual completes the fraudulent act; giving money, property, or other material benefits to officials, medical personnel, or others in order to falsify the results of the health classification of the person being examined or the person being examined for military service or training. create reserve officers.

2. For administrative violations specified in Clauses 2, 4, Article 6, Clause 3, Article 7, Clause 1, Article 14, and Clause 3, Article 23 of this Decree, the statute of limitations for sanctioning is counted from the date the organization or individual commits an administrative violation. refuse to accept, fail to comply with or oppose the implementation of orders and decisions of competent state agencies as prescribed by law.

3. Acts of violation on reporting time limit specified in Clause 1, Point a, Point b, Clause 2, Article 9; Clause 1 Article 15; Clause 1, Article 16 of this Decree, the time of termination of violations is the date the organization or individual reports as prescribed.

4. Administrative violations against regulations on registration time; medical examination and examination for military service; regulations on time for registration, training, training, drills, and readiness checks for mobilization and combat readiness for mobilization reserves and militia and self-defense forces specified in Clauses 1 and 2, Article 4; Clause 1 Article 6; Clause 1 Article 7; Clause 1, Article 10, Clause 1, Article 11 and Clause 1, Article 12 of this Decree, the statute of limitations for sanctioning shall be counted from the day following the last day of the time limit for being present stated in the order or written notice of the competent authority. permission.

5. On-going administrative violations are violations that do not fall into the cases specified in Clauses 1, 2, 3 and 4 of this Article, the statute of limitations shall be counted from the date the competent person executes service to detect violations.

6. Within the time limit specified in Clauses 1, 2, 3, 4 and 5 of this Article, if an individual or organization deliberately evas or obstructs the sanctioning, the statute of limitations for sanctioning administrative violations shall be recalculated from the time of termination of the act of evading or obstructing the sanctioning”.

Thus, for acts of citizens in Vietnam who do not comply with the order to enlist in the military, citizens in Vietnam the statute of limitations for sanctioning is counted from the day following the last day of the time limit for being present stated in the order or written notice of the agency. competent authority.

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