06 judgments on evading military service in Vietnam

Here is a summary of 6 judgments on evading military service.

1. Judgment 02/2017/HSST dated 24/01/2017 for evading military service

+ Trial level: First instance.

+ Judicial agency: People's Court of Xuan Truong district, Nam Dinh province.

+ Quoting the content: “T's act of failing to comply with the order for the medical examination for military service is specified in Clause 3, Article 8 of the Law on Military Service of Vietnam; Clause 3, Article 8 of the Law on Military Service stipulates: “Escape from performing military service is an act of not complying with the order to register for military service, the order to have a medical examination for military service, or the order to enlist in the army, the call to focus on training, drills, and tests, ready to mobilize, ready to fight”.

+ Results of settlement: Sentencing defendant Ngo Thanh T to 04 months in prison.

2. Judgment 31/2019/HSST dated April 24, 2019 for evading military service

+ Trial level: First instance.

+ Judicial agency: People's Court of Do Luong district, Nghe An province.

+ Quote from the content: "On March 6, 2018, Dam Cong L was administratively fined VND 2,500,000 by the Chairman of Lam Son Commune People's Committee for not complying with the order to enlist in the army as prescribed in Clause 1, Article 7. Decree No. 120 dated October 9, 2013 of the Government. Although he was administratively sanctioned, on November 12, 2018, Dam Cong L continued to not comply with the order for the medical examination for military service as prescribed without a valid reason.

+ Results of settlement: Defendant Dam Cong L was imprisoned for 6 months.

3. Judgment 14/2021/HS-ST dated June 9, 2021 for evading military service

+ Trial level: First instance.

+ Judicial agency: People's Court of Vinh Thanh district, Can Tho city.

+ Excerpt from the content: "In 2020 H was recruited for military service and had the order to enlist number 10, but H evaded and did not comply with the order to enlist citizens and was decided by the Chairman of the People's Committee of Commune T decided to impose an administrative penalty of VND 2,000,000. In 2021, Nguyen Duc H was recruited for military service and had an enlistment order number 50, dated January 25, 2021, but H continued to evade the order to enlist and was penalized for violations on March 4, 2021 for not being present on the time or place of concentration stated in the call for enlistment without a valid reason. Therefore, the People's Committee of Commune T issued a decision to transfer the administrative violation case file with criminal signs for criminal prosecution."

+ Results of settlement: Sentencing defendant Nguyen Duc H to 15 months in prison.

4. Judgment 61/2019/HS-ST dated September 27, 2019 on the charge of evading military service

+ Trial level: First instance.

+ Judicial Agency: People's Court of Quang Ngai city, Quang Ngai province.

+ Quoting the content: “On November 21, 2018, Pham Minh H had a medical examination for military service at the People's Committee of T commune, Q city, Q province; results Pham Minh H qualified, eligible to enlist in 2019. On January 23, 2019, the Military Command of Quang Ngai city ordered to call citizens to join the army at number 01/LNN so that Pham Minh H could present at 05.00, February 20, 2019, at the People's Committee of commune T to carry out the enlistment procedures; Pham Minh H is the person who directly signed the order. However, Pham Minh H fled the locality without complying with the call to enlistment number 01/LNN, January 23, 2019.”

+ Results of settlement: Penalty for defendant Pham Minh H 12 months in prison.

5. Judgment 222/2017/HS-PT dated 08/08/2017 for evading military service

+ Level of trial: Appellate.

+ Judicial agency: People's Court of Dak Lak province.

+ Excerpt from the content: "On November 1, 2016, which is the date of the medical examination for military service in 2017, H used the excuse to work in the fields for his family and intentionally did not participate in the medical pre-qualification for the military service in accordance with the Order of Mobilization received. On November 3, 2016, the Military Service Council of Commune C made a record of administrative violation No. 02/BB-VPHC dated November 3, 2016 against Tran Thai H about the above behavior. H is the person who directly signs in the minutes of administrative violations and acknowledges his mistakes.”

+ Results of settlement: Sentencing defendant TRAN THAI H 03 months in prison.

6. Judgment 15/2019/HS-ST dated 15/05/2019 for evading military service

+ Trial level: First instance.

+ Judicial agency: People's Court of Cho Moi district, An Giang province.

+ Quoting the content: "By 2019, when being recruited to perform military service, the defendant knew that on February 20, 2019, he had to gather at the Military Command of Cho Moi district to enlist. However, on February 4, 2019, the defendant went to a friend's house in Tra Vinh province to play. After that, the defendant went to Ho Chi Minh City, stayed at the rented place of Mr. Le Van G (the defendant's brother), and worked as a hired hand without returning to perform his military service at the time and place specified in the law."

+ Results of settlement: Penalty: Le Van T 09 months in prison.

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