What are the new regulations on medical examination for military service in Vietnam from January 1, 2024 according to Circular 105/2023/TT-BQP?
What are the new regulations on medical examination for military service in Vietnam from January 1, 2024 according to Circular 105/2023/TT-BQP?
Pursuant to the provisions of Article 8 of Circular 105/2023/TT-BQP regulating military service medical examination from January 1, 2024 as follows:
(1) Content of health examination:
- Physical examination; Clinical by specialties: Eyes, ENT, maxillofacial, internal medicine, neurology, psychiatry, surgery, dermatology, obstetrics and gynecology (for women);
- Paraclinical examination: Blood formula; blood group (ABO); liver function (AST, ALT); kidney function (Urea, Creatinine); blood sugar; hepatitis B virus (HBsAg); hepatitis C virus (Anti-HCV); HTV; total urine. (10 parameters); general abdominal ultrasound; ECG; Cardiorespiratoire droite ray; Urine test detects drugs. The Chairman of the Council prescribes additional tests according to professional requirements to make accurate health conclusions.
(2) Health examination process:
Step 1: Make a list of citizens to be examined for military service;
Step 2: Inform the time and location of the health examination (Order the health examination);
Step 3: Organize a health examination according to the contents specified in Clause 5, Article 8 of Circular 105/2023/TT-BQP and carry out in 2 rounds:
- Physical and clinical examination
- Paraclinical examination, HIV and drug screening.
During physical and clinical examination, if a citizen does not meet one of the health standards specified in Clause 1, Article 4 of Circular 105/2023/TT-BQP, the Council member will directly examine and report to the Chairman of the Council for decision to stop the examination. Only conduct blood and urine tests; HIV and drug testing for citizens who meet health standards after physical examination, clinical examination, ultrasound, electrocardiogram, and chest X-ray.
Organize HIV counseling and testing according to the provisions of law on HIV/AIDS prevention and control for cases meeting health standards;
Step 4: Complete the military service health card according to Form 3, Appendix V. - issued with Circular 105/2023/TT-BQP;
Step 5: Summarize and report the results of medical examination for military service according to Form 2b Appendix VI issued with Circular 105/2023/TT-BQP.
(3) Health examination period: From November 1 to December 31 every year. The Ministry of National Defense adjusts the time when necessary.
What are the new regulations on medical examination for military service in Vietnam from January 1, 2024 according to Circular 105/2023/TT-BQP? (Picture from internet)
Who are the subjects of military service in Vietnam?
Pursuant to Clauses 1 and 2, Article 4 of the 2015 Law on Military Service, regulations on military service are as follows:
Military service
1. Military service is the glory of citizen to serving in People’s Army. Military service is performed in the regular armed forces or in reserve forces of People’s Army.
2. Citizens at the age for military service, regardless of ethnics, sectors, faiths, religions, education levels, occupations or residences, shall complete the military service according to the regulations in this Law.
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Accordingly, military service is the glory of citizen to serving in People’s Army. Military service is performed in the regular armed forces or in reserve forces of People’s Army..
Citizens at the age for military service, regardless of ethnics, sectors, faiths, religions, education levels, occupations or residences, shall complete the military service according to the regulations.
In addition, based on the provisions of Article 6 of the 2015 Law on Military Service, regulations on the performance of military service by citizens are as follows:
Military service in regular armed forces
1. Any male citizen at the call-up age shall perform the military service in regular armed force of People's Army.
2. Any female citizen at the age for military service in peacetime may perform military service in regular armed force if such citizen volunteers and on the demand of the armed force.
Thus, based on the above regulations, any male citizen at the call-up age shall perform the military service in regular armed force. In other words, this is a mandatory obligation for male citizens.
For female citizens, the 2015 Law on Military Service expands the regulations, any female citizen at the age for military service in peacetime may perform military service in regular armed force if such citizen volunteers and on the demand of the armed force. This regulation does not require female citizens of military service age to enlist. Female citizens in peacetime join the army voluntarily and are accepted by the state.
- The current age for military enlistment is prescribed in Clause 1, Article 4 of Circular 148/2018/TT-BQP as follows:
+ Citizens from the age of 18 to under 26.
+ 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.
When do Vietnamese citizens have their conscription postponed or exempted?
Pursuant to the provisions of Clause 1, Article 41 of the 2015 Law on Military Service, supplemented by Point c, Clause 1, Article 49 of the 2019 Law on Militia and Self-Defense Forces, these following citizens shall have conscription postponed:
- Any citizen whose health is unsatisfactory for active duty military service according to the conclusion of 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 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 official or youth volunteer assigned to extremely disadvantage socio-economic area according to the law provisions;
- Any citizen who is studying at compulsory education institutions or receiving training of university level at higher education institutions or training of college level at vocational education institutions for a training course of a level.
- Standing militia
Accordingly, citizens belonging to the above subjects will be temporarily postponed to enlist in 2024.
In addition, the cases specified in Clause 2, Article 41 of the 2015 Law on Military Service , these following citizens shall have conscription exempted:
- 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 official or youth volunteer assigned to extremely disadvantaged socio-economic area according to the law provisions for 24 months or more;
In addition, citizens eligible for postponement of conscription shall be called up for military service if the reason for postponement is no longer available.
Citizens eligible for postponement or exemption from conscription who volunteer to join the army shall be consider selecting and calling up.
Circular 105/2023/TT-BQP takes effect from January 1, 2024.
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