28/07/2022 16:45

What are penalties for military service evasion in Vietnam?

What are penalties for military service evasion in Vietnam?

On July 22, 2022, Decree 37/2022/ND-CP amending and supplementing a number of articles of the Decrees providing for penalties for administrative violations in the fields of national defense and cipher; managing and protecting national borders; on the seas, islands and continental shelf of the Socialist Republic of Vietnam officially which takes effect.

In particular, Decree 37 and Decree 120/2013/ND-CP have regulations on administrative sanctions for violations of regulations on military enlistment as follows:

Violation of registration for military service

- A warning shall be imposed for failing to register for military service for the first time for male citizens who are full 17 years old in the year subject to military service registration;

- A fine ranging from VND 8,000,000 to VND 10,000,000 shall be imposed for:

+ Failure to register for military service for the first time, except for the above-mentioned warning;

+ Failure to register for reserve service as required;

+ Failure not register for additional military service when there is a change in working position, education level, professional qualifications, health status, or other information related to military service as prescribed.

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

+ Failure to register for military service in a prescribed temporary absence

Violations against regulations on medical examination and examination for the performance of military service

- Failure to appear at the time or place specified in the command of the commander in charge of the military service examination or medical examination will result in a fine ranging from VND 10,000,000 to VND 12,000,000.district-level military commands in accordance with the Law on Military Service without a legitimate reason.

- For intentionally refusing to receive the call for medical examination and medical examination for military service from the commander of the district-level military command in accordance with the Law on Military service without a valid reason, a fine ranging from VND 12,000,000 to VND 15,000,000 shall be imposed.

- A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for one of the following acts:

+ The person receiving the medical examination commits fraudulent acts to falsify his or her health classification results in order to evade military service;

+ Giving money, property, or other material benefits valued at less than VND 2,000,000 to medical officials, employees, or other people to falsify the results of the health classification of the examined person or the person being examined. military service A medical examination to avoid military service

- A fine ranging from VND 25,000,000 to VND 35,000,000 shall be imposed for failing to comply with the order for medical examination and examination for military service.

Violation against regulations on pre-qualification for military service

Failure to appear at the time or place specified in the call for pre-qualification for military service without a plausible reason will result in a fine ranging from VND 500,000 to VND 1,000,000.

Violation against enlistment

- A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failing to show up at the time or place of concentration stated in the enlistment order without a valid reason.

- A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for fraudulent acts in order to evade the execution of the order to enlist after receiving the results of the medical examination for military service and to be eligible for enlistment as prescribed.

- A fine ranging from VND 50,000,000 to VND 75,000,000 shall be imposed for failing to comply with the order to enlist, except for the two cases mentioned above.

In addition, Article 332 of the Criminal Code 2015, amended and supplemented in 2017, stipulates the sentences for evading military service as follows:

- Those who fail to comply with the provisions of the law on military service registration, do not comply with the call to enlistment, the order to concentrate on training, have been administratively sanctioned for this act or have been If convicted of this crime while not yet eligible for criminal record remission, the offenders will face non-custodial reform for up to two years or a prison term of three months to two years.

- Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 1 and 5 years of imprisonment:

+ Inflicting self-injury or harming one's own health;

+ Committing crimes during wartime

+ Inciting others to commit crimes

In any situation, defending the country is always a very important task for Vietnam. Therefore, performing military service is both a right and an obligation for all citizens. The avoidance of military service should be condemned and deservedly criticized because this behavior is both illegal and against civic ethics.

Nhu Y
77


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