When will citizens be demobilized before the regular date of demobilization in Vietnam? What are the cases where Vietnamese citizens must not register for military service?
When will Vietnamese citizens be demobilized before 24 months?
Pursuant to Article 21 of the Law on military service 2015, the duration of service in regular armed force of non-commissioned officers/enlisted soldiers is prescribed as follows:
Duration of service in regular armed force of non-commissioned officers/enlisted soldiers
1. Duration of service in regular armed force in peacetime of non-commissioned officers/enlisted soldiers is 24 months.
2. The Minister of National Defense may give decision on extension of duration of service in regular armed force of non-commissioned officers/enlisted soldiers in the following cases (the extension shall not exceed 6 months):
a) To ensure the readiness for combat;
b) During the prevention and fighting against natural disasters/epidemics and the rescue activities.
3. The duration of service of non-commissioned officers/enlisted soldiers in wartime or in emergency condition of national defense shall be in accordance with the general mobilization or local mobilization.
In addition, based on Clause 2, Article 43 of the Law on military service 2015, the conditions for demobilization are as follows:
Conditions for demobilization
1. Any non-commissioned officers/enlisted soldiers who has performed the active duty military for the period of time specified in clauses 1 and 2 Article 21 of this Law shall be demobilized.
2. A non-commissioned officer/enlisted soldier may be demobilized before the regular date of demobilization in case the Medical Examination Council concludes that he/she does not have satisfactory health for continuing the active duty service or the cases specified in points b and c clause 1; points a, b and c clause 2 Article 41 of this Law.
Through the above regulations, in principle, the military service period in peacetime is 24 months, except for cases where the period is extended by decision of the Minister of National Defense or military service in a state of war. or national defense emergency.
Accordingly, a non-commissioned officer/enlisted soldier may be demobilized before the regular date of demobilization in case:
- The Medical Examination Council concludes that he/she does not have satisfactory health for continuing the active duty service.
- Any citizen being the sole earner who directly takes care of his/her relative who lost working capacity or under working age; any citizen being the sole earner in a family suffering serious damage to humans and properties due to dangerous accidents, disasters, epidemics certified by People’s Committees of communes.
- Any citizen who is a child of sick soldiers, people infected with dioxin and suffering labor capacity reduction from 61% to 80%.
- Any citizen who is a child of revolutionary martyrs or grade 1 wounded soldiers.
- Any citizen who is a brother of revolutionary martyrs;
- Any citizen who is a child of grade 2 wounded soldiers; a child of sick soldiers suffering labor capacity reduction of 81% or above; a child of people infected with dioxin and suffering labor capacity reduction of 81% or above.
*Note: a non-commissioned officer/enlisted soldier may be demobilized before the regular date of demobilization except for cases:
- Extend the period of military service according to the decision of the Minister of National Defense but not to exceed 6 months.
- The duration of service in wartime or in emergency condition of national defense.
When will citizens be demobilized before the regular date of demobilization in Vietnam? What are the cases where Vietnamese citizens must not register for military service? (Image from the Internet)
What are the cases where Vietnamese citizens must not register for military service?
According to the provisions of Article 13 of the Law on military service 2015, citizens in any of the following cases must not register for military service:
- Any citizen who is facing criminal prosecution; serving the prison sentence, non-custodial re-education, bearing surveillance or citizen who has carried out the prison sentence but without expunging of criminal record;
- Any citizen who is bearing education at communes or is being at reform school, compulsory re-education schools, compulsory detoxification centers;
- Any citizen whose right to serve in People’s armed forces is revoked.
However, after the expiration of the above measures, the citizen may register for military service..
Which agency is responsible for the military service registration in Vietnam?
Pursuant to Article 15 of the Law on military service 2015, regulations on military service registration agencies are as follows:
Military service registration receiving agencies
1. Military Commands of communes shall be responsible for the registration of residents in local area.
2. Military Commands of agencies/organizations of shall be responsible for military service registration of citizens working or studying in such agencies/organizations then collect and report to Military Commands of districts in local areas. If an establishment does not have Military Command, the heads or legal representatives of such agencies/organizations shall direct the citizen to register for military service in their local areas.
Accordingly,
- Residents in local area: Military Commands of communes.
- Citizens working or studying in such agencies/organizations: Military Commands of agencies/organizations.
If an establishment does not have Military Command, the heads or legal representatives of such agencies/organizations shall direct the citizen to register for military service in their local areas.
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