Evasion of Military Service Obligations Upon Selection - Is it Punishable?
Evading Military Service Obligation in 2024: Are There Penalties if Recruited?
Acts of evading military service obligation after being recruited are understood as not complying with the conscription order.
(1) Administrative Penalties:
Based on the provisions in Article 7 of Decree 120/2013/ND-CP, amended by Clause 9 of Article 1 Decree 37/2022/ND-CP, the regulations are as follows:
Violations regarding conscription
*1. A fine ranging from 30,000,000 VND to 40,000,000 VND shall be imposed for failing to appear at the specified time or place as stated in the conscription order without a legitimate reason. *
*2. A fine ranging from 40,000,000 VND to 50,000,000 VND shall be imposed for dishonest acts aimed at evading the conscription order after receiving a health examination result confirming eligibility for military service. *
*3. A fine ranging from 50,000,000 VND to 75,000,000 VND shall be imposed for failing to comply with the conscription order, except for acts specified in Clauses 1 and 2 of this Article. *
*4. Remedial Measures: Obligation to perform military service for violators stated in Clauses 1, 2, and 3 of this Article. *
Thus, the act of not complying with the conscription order (except for acts specified in Clauses 1 and 2 of Article 7 of Decree 120/2013/ND-CP) will be subject to a fine ranging from 50,000,000 VND to 75,000,000 VND.
Additionally, violators will not only face fines but also will be obligated to perform military service.
(2) Criminal Penalties:
Based on the provisions in Article 332 of the Criminal Code 2015 regarding evasion of military service, the regulations are as follows:
Evasion of military service
*1. Anyone who does not comply with the legal registration of military service, fails to adhere to the conscription order or training call, has been administratively penalized or convicted for this act without having their criminal record expunged, will face non-custodial reform for up to 2 years or imprisonment from 3 months to 2 years. *
*2. Committing the crime under any of the following circumstances will lead to imprisonment from 1 year to 5 years: *
*a) Self-inflicting injuries or harming one's health; *
*b) Committing it during wartime; *
*c) Encouraging others to commit the crime. *
According to Clause 8 of Article 3 of the Military Service Law 2015, evading military service is defined as the act of non-compliance with registration call, health examination call, conscription order, concentration training, drill, or readiness check.
Thus, the initial act of not complying with the conscription order will not be subject to criminal penalties but only administrative penalties.
For repeated acts of not complying with the conscription order after having been administratively penalized or convicted for this behavior without having their criminal record expunged, the individual will face non-custodial reform for up to 2 years or imprisonment from 3 months to 2 years.
Committing the crime under any of the following circumstances will lead to imprisonment from 1 year to 5 years:
- Self-inflicting injuries or harming one's health;- Committing it during wartime;- Encouraging others to commit the crime.
Evasion of military service if recruited: Are there penalties? (Image from the internet)
Exemptions from Military Service Obligation
Based on Clause 1 of Article 41 of the Military Service Law 2015, supplemented by Point c of Clause 1 of Article 49 of the Law on Militia and Self-Defense Forces 2019, the following cases qualify for a temporary deferral of conscription:
- Insufficient health for service as concluded by the health examination council;- Sole breadwinner directly taking care of family members incapacitated or underage; families severely impacted by accidents, disasters, or dangerous epidemics as certified by commune-level People's Committees;- One child of a war invalid or a person affected by Agent Orange with a working capacity reduction of 61% to 80%;- A sibling serving as a non-commissioned officer or soldier in the military or police;- Subjects of displacement within 3 years to particularly difficult communes as per state economic-social development projects decided by provincial-level authorities;- officials and public employees, youth volunteers being redeployed to work in areas with extremely difficult socio-economic conditions;- Currently studying at educational institutions or undergoing full-time university or college training during the span of one training course.
Citizens in the above categories are eligible for a temporary deferral of conscription in 2024.
Additionally, cases stated in Clause 2 of Article 41 of the Military Service Law 2015 qualify for a full exemption from conscription in 2024, including:
- Children of martyrs, grade 1 war invalids;- Sibling or one child of a martyr;- One child of a grade 2 invalid; one child of a sick veteran with a working capacity reduction of 81% or more; one child of a person affected by Agent Orange with a working capacity reduction of 81% or more;- Persons engaged in cryptographic work not being military personnel or police;- officials and public employees, youth volunteers who have worked in extremely difficult areas for 24 months or more.
Moreover, when the reason for temporary deferral no longer exists, citizens may be called up for conscription.
Eligibility may also be considered for conscription upon volunteer application from those who fall under temporary deferral or full exemption categories.
How Long Does a Soldier Serve Before Being Eligible for Leave According to Policies?
Based on Clause 1 of Article 50 of the Military Service Law 2015, the provisions are as follows:
Regimes and policies for non-commissioned officers, soldiers serving active duty, discharged, and their families
1. For non-commissioned officers, soldiers during active-duty service:
a) Ensured provision of sufficient and timely supplies of food, military attire, medicines for disease prevention and treatment; provided with accommodation, monthly allowances, personal essentials, and cultural, spiritual needs compatible with military tasks; provision of policies during holidays, Tet; healthcare when injured, ill, or in accidents as per legal stipulations;
b) From the thirteenth month onward, entitled to leave according to policies; other urgent leaves as stipulated by the Minister of Defense;
c) From the twenty-fifth month onward, entitled to an additional 250% monthly rank allowance;
d) Counted as a household member when family housing or land allocations are adjusted;
e) Counting active-duty service time toward overall service duration;
f) Entitlement to postal fee preferences;
g) Recognition and rewards for achievements in combat, work, and training as per legal stipulations;
h) In case of injuries, illness during duty, entitled to special policies per legal regulations;
i) Guaranteed social insurance, health insurance according to Social Insurance Law, Health Insurance Law;
k) Suspension and interest-free repayment of loans from the Social Policy Bank, applicable to members of poor households and students before conscription;
l) Military training preferences in enrollment.
Thus, as per the aforementioned provisions, soldiers serving from the thirteenth month onward are entitled to leave according to policies. Urgent leave due to other conditions is granted as stipulated by the Minister of Defense.
LawNet