Hello Mr. Quan, for your question, LawNet would like to answer as follows:
According to Article 41 of the Law on Military Service 2015 of Vietnam (amended by Point c Clause 1 Article 49 of the Law on Militia and Self-defense Forces 2019 of Vietnam, cases shall be postponed from military service include:
1. Citizen whose health is unsatisfactory for active duty military service according to the conclusion of pre-enlistment check-up board
Health requirements for active duty military service are prescribed at Clause 3 Article 4 of the Circular No. 148/2018/TT-BQP on provisions for selecting and conscripting citizens issued by the Minister of National Defense of Vietnam, to be specific:
“3. Health requirements:
a) Draft citizens with health type 1, 2, 3 as specified in Joint Circular No. 16/2016/TTLT-BYT-BQP dated June 30, 2016 of the Minister of Health – the Minister of National Defense on provisions for pre-enlistment check-up.
b) Drafting for agencies, units and positions specified in Point b Clause 2 of this Article must ensure separate standards as regulated by the Ministry of National Defense.
c) 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.”
The medical examination for conscripted citizens as well as the criteria for health classification and scoring are specified in the Joint Circular No. 16/2016/TTLT-BYT-BQP.
2. 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;
3. Any citizen who is a child of sick soldiers, people infected with dioxin and suffering labor capacity reduction from 61% to 80%;
4. 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;
5. 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;
6. Any citizen who is official or youth volunteer assigned to extremely disadvantage socio-economic area according to the law provisions;
7. 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.
With the above provisions, the following training programs are entitled to postponement of military service, including: compulsory education; training of university level at higher education institutions; training of college level at vocational education institutions. The postponement applies only for the duration of a training course of a training level.
Compared with the provisions of Clauses 5 and 6, Article 3 of the Law on Vocational Education 2014 of Vietnam, formal training and continuing training are defined as follows:
“5. Formal training means a form of training in which vocational education institutions and higher education institutions, or enterprises registering vocational education operation (hereinafter referred to as vocational education institutions) provide full-time courses in elementary-level, intermediate-level, and college-level vocational training.
6. Continuing training means a form of in-service training, correspondence training, or guided self study training regarding vocational training programs at elementary level, intermediate level, or college-level or vocational training programs and other vocational training programs, which is in a flexible manner in terms of programs, duration, methods, location to meet students’ needs.”
Thus, citizens who are in part-time training programs and master training programs are not entitled to postponement of military service in Vietnam.
8. Standing militia.
According to Article 2 of the Law on Militia and Self-defense Forces 2019 of Vietnam, “militia and self-defense forces” refer to mass armed forces not separated from production and work, called “militia” if organized locally and “self-defense forces” if organized in regulatory authorities, political organizations, socio-political organizations, public service providers and economic organizations. “Standing militia” is one of the militia and self-defense forces and is the standing force operating in vital areas in terms of national defense.
Moreover, according to Article 41 of the Law on Military Service 2015 of Vietnam, there are also provisions on military service postponement as follows:
- 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 considered selecting and calling up.
- Lists of citizens eligible for postponement or exemption from conscription shall be posted publicly at head offices of People’s Committees of communes and/or relevant organizations/agencies for 20 days.