Vietnam: The current military service complaint form? Which agency to submit a military service complaint to be resolved?
How is the current military service complaint form regulated in Vietnam?
Currently, the law does not have specific provisions for a certain, specific military service complaint form. Therefore, individuals with military service complaints can make complaints as usual cases in life.
There are quite a few reasons for military service complaints. However, the main reason for complaining about military service may be the fact that citizens are not medically qualified but still receive orders to enlist, participate in military service.
The following is a military service complaint form in case of ineligibility but citizens are still called up for military service:
Download the latest military service complaint form today: Here.
Vietnam: The current military service complaint form? Which agency to submit a military service complaint to be resolved?
What are the health standards for military service in Vietnam?
Pursuant to Article 4 of Circular 148/2018/TT-BQP stipulating as follows:
Article 4. Drafting requirements
1. Age:
a) Citizens from the age of 18 to under 26.
b) Graduate male citizen who enters university or college and postpones conscription for a training course of a level will be drafted until he turns 28.
2. Political requirements:
a) Comply with Joint Circular No. 50/2016/TTLT-BQP-BCA dated April 15, 2016 of the Minister of National Defense – the Minister of Public Security on provisions for political requirements for conscripting citizens into the Vietnamese People’s Army.
b) Drafting for crucial and classified agencies, units and positions in the Army; ceremonial battalion; professional National Guards and Military shall comply with regulations and law of the Ministry of National Defense.
3. Health requirements:
a) Draft citizens with health type 1, 2, 3 as specified in Joint Circular No. 16/2016/TTLT-BYT-BQP dated June 30, 2016 of the Minister of Health – the Minister of National Defense on provisions for pre-enlistment check-up.
b) Drafting for agencies, units and positions specified in Point b Clause 2 of this Article must ensure separate standards as regulated by the Ministry of National Defense.
c) Do not conscript citizens with health type 3 and eye disorders (1.5 dioptre myopia or higher, hypermetropia at all degrees); drug addicts, those contracted with HIV, AIDS.
4. Cultural requirements:
a) Draft citizens who finished 8th grade or higher in descending order. In areas where the drafting quota cannot be guaranteed due to hardship, request the competent authorities to consider and decide to draft citizens who finished 7th grade.
b) Communes in remote and isolated areas, in areas with economic - social hardships according to regulations and law; ethnic minorities below 10,000 people shall draft no more than 25% of the citizens who finished primary education and the citizens who finished lower secondary education are drafted to fill the rest.
According to the above regulations, citizens must have type 1, type 2, and type 3 health to ensure health standards to participate in military service.
Therefore, in case citizens do not meet the health standards of type 1, type 2, type 3, they will be temporarily suspended from military service in accordance with the law.
Who is the military service complaint sent to in Vietnam?
Pursuant to Article 7 of the Law on Complaints 2011, it provides as follows:
Article 7. Order of making a complaint
1. When having grounds to believe that an administrative decision or administrative act is unlawful or directly infringes upon his/her rights and lawful interests, a person may make a first-time complaint with the person who has issued such administrative decision or the agency that manages the person who has committed such administrative act, or institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures.
In case the complainant disagrees with the first-time complaint settlement decision or the complaint remains unsettled although past the prescribed time limit, he/she may make a second-time complaint with the direct superior of the person competent to settle the first-time complaint or institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures.
In case the complainant disagrees with the second-time complaint settlement decision or the complaint remains unsettled though past the prescribed time limit, he/she has right to institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures.
2. For an administrative decision or administrative act of a Minister, head of a Ministerial-level agency or Government- attached agency (hereinafter referred to as Minister), the complainant may make a complaint with the Minister or institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures.
In case the complainant disagrees with the complaint settlement decision of the Minister or the complaint remains unsettled though past the prescribed time limit, he/she may institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures.
3. For an administrative decision or administrative act of the chairperson of the People's Committee of a province or centrally-run city (hereinafter referred to as provincial People's Committee), the complainant may make a first-time complaint with the chairperson of the provincial-level People's Committee or institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures.
In case the complainant disagrees with the first-time complaint settlement decision of the chairperson of the provincial-level People's Committee or the complaint remains unsettled though past the prescribed time limit, he/she may make a second-time complaint with the Minister managing the related sector or field or institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures.
In case the complainant disagrees with the second-time complaint settlement decision of the Minister or the complaint remains unsettled though past the prescribed time limit, he/she may institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures.
According to the above provisions, if there are grounds for the decision to call enlistment as a direct violation of their legitimate rights and interests, citizens have the right to lodge a first-time complaint to the person who made the decision to call citizens to enlist.
If the first complaint has been resolved but the citizen still does not agree with the decision to call for enlistment, a second complaint can be made to the head of the direct superior of the call-up decision maker or initiate an administrative case.
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