Are grade 12 students in Vietnam eligible for attending military service medical examination? What are the fines for grade 12 students in Vietnam for evading military service registration?

Are grade 12 students in Vietnam eligible for attending military service medical examination?

First, the are of grade 12 students is stipulated as follows:

*Note: The age calculation table above does not apply to cases of accelerated learning or learning at an age higher than prescribed.

Additionally, according to the regulations on military service registration:

* Regarding the performance of military service, Article 30 of the Military Service Law 2015 stipulates the age for conscription as follows:

- Citizens who are 18 years old may be called for conscription; the conscription age is from 18 years until the end of 25 years; citizens who have received higher education and have had their conscription deferred may be called for conscription until the end of 27 years old.

For military service registration, it is the collection of military service records for citizens within the military service age. This aims to tally the number of citizens, family situations, and citizens' basic health status. This is a pre-prepared list and does not equate to fulfilling military service; it is entirely different from receiving a military service order, which requires being at least 18 years old.

Based on Article 12 of the Military Service Law 2015 regarding subjects for military service registration:

- Male citizens who are 17 years old and above.

- Female citizens stipulated in clause 2, Article 7 of the Military Service Law 2015 starting from the age of 18.

Furthermore, Article 16 of the Military Service Law 2015 regulates the initial military service registration as follows:

- In January each year, the Chairman of the People's Committee of the commune, the head or legal representative of the agency or organization reports to the military command board of the district the list of male citizens who are 17 years old that year and male citizens within the military service age who have not yet registered for military service.

- In April each year, the chief of the military command board of the district issues a call for citizens as stipulated in clause 1, Article 16 of the Military Service Law 2015 to conduct initial military service registration.

- Citizens conducting initial military service registration must directly register at the military service registration office as stipulated in Article 15 of the Military Service Law 2015.

Based on these regulations, it can be clearly deduced that current grade 12 students will be 17 years old, which is the age at which they are only required to register for military service upon receiving a notice. Military service examination only takes place at the age of 18.

In conclusion, grade 12 students are not yet of age for the military service examination.

*Note: This age is the standard age according to legal provisions and does not account for cases of repeated schooling, which would result in an older age than stipulated.

Are grade 12 students in Vietnam eligible for attending military service medical examination? What are the fines for grade 12 students in Vietnam for evading military service registration?​ (Image from the Internet)

If an older brother has already done military service in Vietnam, is the younger brother in grade 12 required to serve?

According to Article 41 of the Military Service Law 2015 (supplemented by point c, clause 1, Article 49 of the Civil Defense Law 2019) stipulating deferment and exemption from conscription:

Deferment and Exemption from Conscription

1. Deferment from conscription for the following citizens:

a) Not healthy enough for active service as concluded by the Health Examination Council;

b) The sole laborer directly caring for family members who are unable to work or not yet at working age; in a family suffering heavy loss of life and property due to accidents, natural disasters, dangerous epidemics as confirmed by the People's Committee of the commune;

c) A child of a soldier, a person exposed to agent orange with a work capacity reduction from 61% to 80%;

d) Having a brother or sister serving in the army; non-commissioned officers, soldiers performing their duty in the People's Police;

dd) A person relocated to a new area within the first three years under special State projects for socio-economic development as decided by the provincial People's Committee and above;

e) Officials and public employees, volunteer youth mobilized to work in areas with particularly difficult socio-economic conditions according to legal regulations;

g) Studying at general education institutions; pursuing formal higher education or tertiary technical training at vocational education institutions during a single educational program;

h) Permanent militia.

...

It is evident that if a biological brother is serving in the army, the biological younger brother will be deferred from military service. This means the younger brother is only temporarily deferred from military service and does not receive an exemption.

Thus, if the older brother has already done military service, the grade 12 younger brother will be eligible for a deferment (meaning he may not have to go for the time being but might have to go if the older brother is discharged and the younger brother is still within the conscription age) and not an exemption.

What are the penalties for grade 12 students who evade initial military service registration in Vietnam?

As previously mentioned, grade 12 students may not yet be of age for the military service examination; however, they must perform military service registration. Therefore, according to Article 4 of Decree 120/2013/ND-CP (amended by clause 7, Article 1 of Decree 37/2022/ND-CP).

(1) The monetary fines for violations of military service registration regulations

- A warning penalty for the act of failing to register for initial military service for male citizens who are 17 years old in a year and required to register for military service.

- A fine ranging from 8,000,000 VND to 10,000,000 VND for one of the following acts:

+ Failing to register for initial military service, except where a warning penalty applies;

+ Failing to register for reserve forces service as prescribed;

+ Failing to register additional military service when there are changes in job position, educational level, professional qualification, health status, and other information related to military service as prescribed;

+ Failing to register for military service when changing place of residence or place of work, study according to regulations;

+ Failing to register for temporary absence military service as prescribed.

Thus, grade 12 students who evade initial military service registration may receive a warning penalty, and subsequent times may result in monetary fines.