Invite friends to evade military service may face a penalty of up to 5 years? What is the maximum administrative fine for evading military service?
Encouraging a Friend to Evade Military Service Can Lead to Up to 5 Years Imprisonment?
Article 332 of the Criminal Code 2015 provides regulations on the crime of avoiding military service as follows:
Crime of Evading Military Service
1. Any person who does not comply with the legal provisions on military service registration, does not comply with the call-up order, the training concentration order, who has been administratively sanctioned for this act or has been convicted of this crime, has not had the criminal record expunged and continues to violate, shall be subject to non-custodial reform for up to 2 years or imprisonment from 3 months to 2 years.
2. Committing the crime in one of the following cases shall be subject to imprisonment from 1 year to 5 years:
a) Self-inflicting injury or causing harm to one’s health;
b) Committing the crime during wartime;
c) Enticing others to commit the crime.
Thus, a person who does not comply with regulations on military service registration, does not comply with the call-up order, the training concentration order, and entices others to commit these acts may be criminally prosecuted for evading military service with imprisonment ranging from 1 year to 5 years.
Encouraging a friend to evade military service can result in up to 5 years imprisonment. What is the maximum administrative penalty for evading military service? (Image from Internet)
What is the Maximum Administrative Penalty for Evading Military Service?
Article 6 of Decree 120/2013/ND-CP, amended by Clause 8 Article 1 of Decree 37/2022/ND-CP, stipulates penalties for violations related to the examination, health check-up for military service as follows:
Violations of Examination and Health Check-Up for Military Service
1. A fine ranging from VND 10,000,000 to VND 12,000,000 shall be imposed for failure to be present at the time or place specified in the call-up order for examination or health check-up for military service without a valid reason.
2. A fine ranging from VND 12,000,000 to VND 15,000,000 shall be imposed for intentionally not receiving the call-up order for examination or health check-up for military service without a valid reason.
3. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for one of the following acts:
a) Providing false information during the health check-up to alter the classification results with the aim of evading military service;
b) Offering money, property, or other material benefits worth up to VND 2,000,000 to medical officers or other individuals to alter the health classification results for evading military service.
4. A fine ranging from VND 25,000,000 to VND 35,000,000 shall be imposed for failure to comply with the call-up order for examination or health check-up for military service.
Additionally, Article 7 of Decree 120/2013/ND-CP, amended by Clause 9 Article 1 of Decree 37/2022/ND-CP, stipulates penalties for violations of regulations on enlisting as follows:
Violations of Regulations on Enlisting
1. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failure to be present at the time or place specified in the call-up order for enlisting without a valid reason.
2. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for providing false information to evade the call-up order after a health check-up has determined the individual is eligible for enlistment.
3. A fine ranging from VND 50,000,000 to VND 75,000,000 shall be imposed for failure to comply with the call-up order for enlisting, except in the cases specified in Clause 1 and Clause 2 of this Article.
4. Remedial measure: Individuals who commit violations specified in Clauses 1, 2, and 3 of this Article shall be compelled to perform their military service.
Thus, a person who evades military service can face a maximum fine of up to VND 75,000,000 for failing to comply with the call-up order. For failing to comply with the call-up order for examination or health check-up for military service, the maximum fine can be up to VND 35,000,000.
What is the Maximum Length of Military Service?
Article 21 of the Military Service Law 2015 stipulates the duration of active service for non-commissioned officers and soldiers as follows:
Duration of Active Service for Non-Commissioned Officers and Soldiers
1. The duration of active service during peacetime for non-commissioned officers and soldiers is 24 months.
2. The Minister of National Defense shall decide to extend the duration of active service for non-commissioned officers and soldiers by no more than 6 months in the following cases:
a) To ensure combat readiness tasks;
b) To participate in disaster prevention and control, disease prevention, rescue, and relief operations.
3. The duration of service for non-commissioned officers and soldiers in wartime or in a national defense emergency shall be implemented according to the general mobilization or partial mobilization order.
Thus, the duration of military service is 24 months, but it may be extended in cases of wartime or national defense emergencies as per the general mobilization or partial mobilization order.
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