Vietnam: Shall citizens evading military service in 2024 face imprisonment penalties? What is the duration of military service in 2024?
Shall citizens evading military service in 2024 in Vietnam face imprisonment penalties?
Under the guidance in Section 11 Chapter I of Official Dispatch 5887/VKSTC-V14 of 2019, Clause 8 Article 3 of the Law on Military Service 2015, the evasion of military service means the activity in which the citizens fail to comply with the order for registration for military service; order for pre-enlistment check-up; the call-up; the order for concentrated training, practicing or examination on readiness for mobilization/fighting
However, Clause 1, Article 332 of the 2015 Criminal Code, any person who fails to comply with regulations of law on conscription, defies an enlistment order or military training order even though he/she has incurred an administrative penalty or has an unspent conviction for the same offense shall be liable to criminal prosecution.
Thus, based on the above regulations, only 03 acts of evasion of military service shall be liable to criminal prosecution:
- Failing to comply with regulations of law on conscription
- Defying an enlistment order
- Having an unspent conviction for the same offense;
No criminal penalties shall be imposed on citizens failing to comply with the order for pre-enlistment check-up. Citizens evading military service in 2024 are not subject to criminal prosecution, but they shall face administrative penalties according to regulations.
What is the duration of military service in 2024 in Vietnam?
Under the provisions of Article 21 of the Law on Military Service 2015 as follows:
Duration of service in the 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.
Thus, the duration of service in regular armed forces in peacetime of non-commissioned officers/enlisted soldiers is 24 months.
- The Minister of National Defense may give a decision on an extension of the duration of service in regular armed force of non-commissioned officers/enlisted soldiers in the following cases (the extension shall not exceed 6 months):
+ To ensure the readiness for combat;
+ During the prevention and fighting against natural disasters/epidemics and rescue activities.
Thus, the duration of military service in Vietnam shall be from 24 to 30 months. A maximum of 30 months applies to cases of extension of the above duration of military service. The duration of military service in Vietnam in wartime or emergency conditions of national defense shall comply with separate regulations.
This duration of service in the regular armed force of non-commissioned officers/enlisted soldiers is calculated from the day on which the soldiers are transferred or from the day on which the People's Army accepts the soldiers to the demobilized day decided by competent authorities.
* Note: The duration of service of non-commissioned officers/enlisted soldiers in wartime or emergency conditions of national defense shall be by general mobilization or local mobilization.
In 2024, what are the cases of postponement and exemption from military service in Vietnam?
Under the provisions of Clause 1, Article 41 of the Law on Military Service 2015, supplemented by Point c, Clause 1, Article 49 of the 2019 Law on Militia and Self-Defense, cases of postponement from conscription in Vietnam are:
- Any citizen whose health is unsatisfactory for active duty military service according to the conclusion of the pre-enlistment check-up board;
- 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 whose full brother/sister is a non-commissioned officer/active duty enlisted soldier or a non-commissioned officer/enlisted soldier performing service in the People’s Army;
- Any citizen who is subject to emigration or evacuation in 03 first years to extremely disadvantaged communes according to the socio-economic development project of the State that is decided by People’s Committees of provinces or higher levels;
- Any citizen who is an official or youth volunteer assigned to an extremely disadvantaged socio-economic area according to the law provisions;
- Any citizen who is studying at compulsory education institutions or receiving training at the university level at higher education institutions or training at the college level at vocational education institutions for a training course of a level.
- Standing militia.
Thus, cases of postponement from conscription in Vietnam in 2023 are specified above.
In addition, the cases specified in Clause 2, Article 41 of the Law on Military Service 2015, cases of exemption from military service in Vietnam are:
- 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;
- Any citizen carrying out essential tasks who is not a soldier or a People’s Army;
- Any citizen who is an official or youth volunteer assigned to an extremely disadvantaged socio-economic area according to the law provisions for 24 months or more;
In addition, citizens eligible for postponement of conscription, if there is no longer a reason for the suspension, will be conscripted for enlistment.
Citizens who are eligible for postponement from conscription in Vietnam according to regulations, if they volunteer, will be considered for selection and conscription.
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