Hello, Lawnet would like to answer your questions as follows:
1. What is military service? What are the conditions for joining the military service?
According to the provisions of Clause 1, Article 4 of Vietnam's Law on Military Service 2015: "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."
At the same time, the Law on Military Service 2015 also stipulates that a citizen shall be conscripted into the army if he/she satisfies the following conditions:
- Have conformable profile;
- Strictly comply with the lines and policies of Communist Party, policies and laws of the State;
- Have full health for service on active duty according to the regulations;
- Have appropriate education level.
In particular, regarding cultural standards, according to Clause 4, Article 4 of Circular 148/2018/TT-BQP, 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.
2. Age subject to conscription
According to the provisions of Article 30 of the Law on Military Service 2015:
- Citizens turning to 18 years old shall be conscripted into the army.
- Age subject to conscription is from 18 to under 26 years old. A citizen who enters university or college and postpones the conscription shall be subject to conscription until he/she turns to 28 years old.
Note, the age of enlistment is calculated from the date of birth recorded on the citizen's birth certificate to the date of military service.
3. Requirements for conscription and service in People’s Army force
According to Article 31 of the Law on Military Service 2015, in addition to meeting the age requirements, a citizen shall be conscripted into the army if he/she have conformable profile; strictly comply with the lines and policies as regulated; have full health for service on active duty; have appropriate education level.
In particular, Circular 148/2018/TT-BQP clearly states that Draft citizens with health type 1, 2, 3 as specified in Joint Circular No. 16/2016/TTLT-BYT-BQP; 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. Pre-enlistment medical check-up for citizens
According to the provisions of Clause 4, Article 40 of the Law on Military Service 2015, the pre-enlistment check-up shall be conducted from November 01st to December 31st of every year.
Citizens will receive a medical examination call 15 days in advance.
After the results of the physical examination, the citizen will be called up for military service once in February or March; In case of necessity for reasons of national defense and security, they will be called a second time.
5. Duration of service in regular armed force of non-commissioned officers/enlisted soldiers
In Article 21 of the Law on Military Service 2015, duration of service in regular armed force in peacetime of non-commissioned officers/enlisted soldiers is 24 months. This regulation has been applied since 2016 and will continue to be implemented in the coming 2023.
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)
Duration of service in 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 People's Army accept the soldiers to the demobilized day decided by competent authorities. The duration of desertion and time of serving the temporary prison sentence shall not be included in duration of service in regular armed force.
6. Cases of postponement and exemption from conscription
Article 5 of the Law on Military Service 2015, there are a number of cases where citizens are exempted or postponed from military service.
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.
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;