When will Vietnamese citizens be exempted from participation in militia and self-defense forces?
- When will Vietnamese citizens be exempted from participation in militia and self-defense forces?
- What is the age of participation in militia and self-defense forces in Vietnam?
- What are the cases of dismissal from militia and self-defense forces in Vietnam before time limit?
- Vietnam: What are the regulations on completion of militia and self-defense force duties?
When will Vietnamese citizens be exempted from participation in militia and self-defense forces?
In Clause 2, Article 11 of the Law on Militia and Self-defense Forces 2019, a citizen shall be exempted from participation in militia and self-defense forces in case:
- He/she is a spouse or child of martyrs; or
- He/she is a spouse, child of sick soldiers, people infected with dioxin and suffering labor capacity reduction of 81% or more; or
- He/she is a reservist and has been arranged in reserve forces; or
- He/she is directly taking care of Vietnamese heroic Mothers; directly taking care of persons suffering labor capacity reduction of 81% or more; or
- He/she is working in cipher field.
When will Vietnamese citizens be exempted from participation in militia and self-defense forces?
What is the age of participation in militia and self-defense forces in Vietnam?
Pursuant to Article 8 of the Law on Militia and Self-defense Forces 2019, it is stipulated as follows:
Age and duration of participation in militia and self-defense forces during peacetime
1. Male citizens from 18 years of age until 45 years of age inclusively, female citizens from 18 years of age until 40 years of age inclusively are responsible for joining militia and self-defense forces; in case of voluntary participation, militia and self-defense force duties may last up to the age of 50 inclusively for male and 45 inclusively for female.
2. Duration of participation in on-site, mobile, marine, anti-aircraft, artillery, scouting, information, engineering, chemical defense and medical militia and self-defense forces is 4 years; duration of participation in standing militia is 2 years.
Based on requirement and tasks of national defense and military of local governments, agencies and organizations, duration of participation in militia and self-defense forces may be extended for no more than 2 years; for marine militia, self-defense forces and commanders of militia and self-defense forces may be extended without exceeding the age specified in Clause 1 of this Article.
3. Chairpersons of People’s Committees of communes and districts that do not have communes, heads of agencies and organizations shall decide to prolong the age group and duration of participation of militia and self-defense forces as specified in this Article.
Accordingly, male citizens from 18 years of age until 45 years of age inclusively, female citizens from 18 years of age until 40 years of age inclusively are responsible for joining militia and self-defense forces; in case of voluntary participation, militia and self-defense force duties may last up to the age of 50 inclusively for male and 45 inclusively for female
What are the cases of dismissal from militia and self-defense forces in Vietnam before time limit?
Article 12 of the Law on Militia and Self-defense Forces 2019 stipulates dismissal from militia and self-defense forces before time limit and removal from list of militia and self-defense forces:
- A citizen shall be dismissed from militia and self-defense forces in case:
+ Female personnel of militia or self-defense force is pregnant or raising a child under 36 months old; male personnel of militia or self-defense force raising a child under 36 months old; or
+ He/she has inadequate health to perform tasks of militia and self-defense forces; or
+ His/her unexpected family hardships render inability to participate in militia and self-defense forces which is confirmed by Chairpersons of People’s Committees of communes and districts that do not have communes, heads of agencies and organizations; or
+ He/she is conscripted for army or People’s Public Security; employed as a national defense official or policeman; or
+ He/she receives letter of admission in higher education institution, vocational education institution, school of regulatory authority, political organization or socio-political organization; receives notice and travels abroad for work or study.
- A citizen shall be removed from list of militia and self-defense forces in case:
+ He/she is deceased or declared by the court to be missing or deceased; or
+ He/she is a suspect in a charge; or
+ He/she is revoked from the title of militia and self-defense forces; or
+ He/she is met with enforced entry to education institutions; or
+ He/she is addicted to drugs according to confirmation of competent authority or met with enforced entry to rehabilitation centers;
+ He/she is met with education methods in commune, ward or town.
- Chairpersons of People’s Committees of communes and districts that do not have communes, heads of agencies and organizations shall decide which citizens to be dismissed and removed from militia and self-defense forces.
Vietnam: What are the regulations on completion of militia and self-defense force duties?
In Article 13 of the Law on Militia and Self-defense Forces 2019, the completion of militia and self-defense force duties is as follows:
- Personnel of militia and self-defense forces completing time limit specified in Clause 2 Article 8 of this Law shall be recognized as having completed participation in militia and self-defense forces.
- Citizens already completed participation in militia and self-defense forces while still remain within the age group specified in Clause 1 Article 8 of this Law shall be subject to registration and management of Chairpersons of People’s Committees of communes and of districts that do not have communes, heads of agencies and organizations so as to be ready for expansion of militia and self-defense forces.
- Standing militia shall be recognized for completion of active military duty during peacetime according to Law on Military Service.
- Chairpersons of People’s Committees of communes and districts that do not have communes, heads of agencies and organizations shall recognize completion of citizens in terms of militia and self-defense forces.
LawNet