Increase the fine for 'citizens in Vietnam who do not show up on time for medical examination for military service in Vietnam' to 12 million dong?
- According to current regulations, how are Vietnamese citizens who do not show up on time for medical examination for military service?
- From July 22, 2022, how will the company be penalized for not showing up on time for the obligatory medical examination?
- How is the time of calculating the validity of the medical examination for military service in Vietnam?
- How long is the medical examination for military service in Vietnam?
According to current regulations, how are Vietnamese citizens who do not show up on time for medical examination for military service?
According to Article 6 of Decree 120/2013 / ND-CP regulating the examination and health of performing the following military service:
"Article 6. Scope of regulations on medical examination and examination for performance of military service
1. A payment of between VND 800,000 and VND 1,200,000 shall be paid for the act of failing to show up at the inspection location on time, the health stated in the test call, and performing military service without a valid reason. worth.
2. Payment of money from 2,000,000 VND to 4,000,000 VND for one of the following activities:
a) A person whose health is fraudulently falsifies the results of his/her health classification in order to serve military service;
b) Giving money or other useful material to the management department, medical staff to falsify the analysis results of the health person performing military service;
c) Medical officers and employees try to falsify elements of the health of the person performing military service.
...
3. Remedial measures:
a) Forcible examination or medical examination according to the plan of the military service council, for the acts specified in Clause 1 of this Article; "
Thus, according to regulations, the act of not being present on time for the medical examination of an individual's obligation will be subject to a fine ranging from VND 800,000 to VND 1,200,000. If the organization commits the same violation, the fine will be doubled. In addition, the individual scope will be bound to carry out an examination or medical examination as planned by the military service board.
Increase the fine for Vietnamese citizens who do not show up on time for medical examination for military service to 12 million VND?
From July 22, 2022, how will the company be penalized for not showing up on time for the obligatory medical examination?
According to Clause 8 Article 1 of Decree 37/2022 / ND-CP amending Article 6 of Decree 120/2013 / ND-CP stipulating the administrative handling of health offenses while performing military service in Vietnam as after:
“Article 6. Violations against regulations on health check and performance of military service
1. A fine ranging from VND 10,000,000 to VND 12,000,000 shall be paid for the act of failing to show up at the time or place for medical examination and examination, the health stated in the inspection call or the military service commanding officer of the Committee. Military commanders granted in accordance with the Law on Military Service without a valid reason.
2. Payment of a fine ranging from VND 12,000,000 to VND 15,000,000 shall be paid for the act of intentionally refusing to receive orders for medical examination and medical examination for obligations of the military Commanding officers of the district-level military commands according to the provisions of the Law Military service without good reason.
3. Payment of money from 15,000,000 VND to 20,000,000 VND for one of the following acts:
a) The person receiving the medical examination commits deceitful acts to falsify his/her health classification results in order to serve military service;
b) Giving money, property, or other material benefits with a value of less than 2,000,000 VND to the management ministry, medical staff or other people to falsify the results of the health classification of the person being examined or people who are conscripted to serve military service.
4. A payment of between VND 25,000,000 and VND 35,000,000 shall be made for the act of refusing to accept the inspection of orders and medical examination of obligations. ”
Thus, according to the above regulations, from July 22, 2022, the fine for individuals who fail to show up on time for their health obligations ranges from VND 10,000,000 to VND 12,000,000.
How is the time of calculating the validity of the medical examination for military service in Vietnam?
According to Decree 37/2022 / ND-CP amending Article 2 of Decree 120/2013 / ND-CP stipulating the time for calculating and handling violations of the time for medical examination for military service as follows:
“Article 2. Time to calculate time to correct major violations in the field of national defense and cipher
...
4. Administrative scope definition of attendance registration; obligatory health examination and examination; regulations on time for registration, training, training, drills and tests of readiness for mobilization and combat readiness for mobilization reserve and militia and self-defense force 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 time limit for handling is counted from the next day of the last day of the time limit for being present in the order or written notice of the competent authority. authority authority.
.... "
Thus, the administrative scope on the registered presence time; obligatory health examination and examination; regulations on time for registration, training, training, drills, and readiness checks for mobilization and combat readiness for reserve mobilization and militia and self-defense forces. since next the last day of the timeout has been written in command or the text message of the base of the validation.
How long is the medical examination for military service in Vietnam?
According to Article 40 of the 2015 Law on Military Service, medical examination for military service in Vietnam is as follows:
"Article 40. Health examination for citizens calling for military service and performing the obligation to join the People's Police
1. The chairperson of the district-level People's Committee shall decide to establish a health examination council at the request of the medical office of the same level.
2. The commanders of the district-level military commanding committees shall issue orders to call for medical examination of citizens eligible for enlistment; District-level police chiefs issue orders to call for health check-ups for citizens eligible to be called to perform the obligation to join the People's Police. The order for medical examination must be delivered to citizens 15 days before the time of medical examination.
3. The district-level health examination councils shall organize health examinations for citizens who are called up for military service and called to perform the obligation to join the People's Police; when necessary, decide on paraclinical testing, including testing for drug and HIV detection; ensure the accuracy and take responsibility for the results of medical examination for military service.
4. The medical examination period is from November 1 to the end of December 31 every year. The time for medical examination to call citizens to enlist in the army and perform the obligation to join the People's Police for the second time according to the provisions of Article 33 of this Law shall be decided by the Prime Minister.
5. Health classification results must be publicly posted at the headquarters of the commune-level People's Committee, agency or organization within 20 days."
Accordingly, the period of medical examination is from November 1 to the end of December 31 every year. The time for medical examination to call citizens to enlist in the army and perform the obligation to join the People's Police for the second time according to the provisions of Article 33 of this Law shall be decided by the Prime Minister.
Decree 37/2022/ND-CP takes effect from July 22, 2022.
Lê Nguyễn Cẩm Nhung
