What are the penalties for the crime of evasion of military service in Vietnam? What are some judgments related to this issue?

1. What are the penalties for the crime of evasion of military service in Vietnam?

According to Article 332 of the Criminal Code 2015 of Vietnam, the offense of evading military service is stipulated as follows:

- Reeducation without detention for up to 02 years or imprisonment from 03 months to 02 years:

Anyone who fails to comply with laws on military service registration, conscription orders, or training muster orders, after being administratively sanctioned for such acts or having been convicted of this offense, without their criminal record being expunged, continues to violate.

- Imprisonment from 01 year to 05 years if the offense falls under one of the following circumstances:

- Self-inflicted injury or health damage;

- Committed during wartime;

- Inciting others to commit the offense.

Thus, individuals who evade military service (do not comply with the conscription orders, training muster orders...) and have been administratively sanctioned for such acts or convicted of this offense, without having their criminal records expunged, can be subjected to reeducation without detention for up to 02 years or imprisonment, with the maximum punishment being 05 years, depending on the severity and nature of the act.

2. What are some judgments related to the offense of evading military service in Vietnam?

Below are some judgments related to the offense of evading military service resolved by the Vietnamese Courts:

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

- Adjudicating agency: People's Court of Quang Ngai City, Quang Ngai Province.

- Summary content: “On November 21, 2018, Pham Minh H underwent a health examination for military service at the People's Committee of T Commune, Quang Ngai City, Quang Ngai Province; the results showed Pham Minh H met the standards and was eligible for conscription in 2019. On January 23, 2019, the Military Command of Quang Ngai City issued conscription order No. 01/LNN, requiring Pham Minh H to be present at 05:00 a.m., February 20, 2019, at the People's Committee of T Commune to undergo the enlistment procedure; Pham Minh H directly signed the order. However, Pham Minh H fled the locality and did not comply with conscription order No. 01/LNN, dated January 23, 2019.”

- Judgment: Defendant Pham Minh H was sentenced to 12 months imprisonment.

Judgment 222/2017/HS-PT dated August 8, 2017, on the offense of evading military service

- Adjudicating agency: People's Court of Dak Lak Province.

- Summary content: “On November 1, 2016, during the primary health examination for military service in 2017, H cited the reason of working on his family's farm and intentionally did not participate in the health examination according to the received summons. On November 3, 2016, the Military Service Council of C Commune drew up administrative violation record No. 02/BB-VPHC dated November 3, 2016, against Tran Thai H for the above-mentioned act. H directly signed the administrative violation record and acknowledged his wrongdoings.”

- Judgment: Defendant Tran Thai H was sentenced to 03 months imprisonment.

Judgment 15/2019/HS-ST dated May 15, 2019, on the offense of evading military service

- Summary content: “In 2019, after being selected for military service, the defendant was aware that he had to report for duty at the Military Command of Cho Moi District on February 20, 2019. However, on February 4, 2019, the defendant went to a friend's house in Tra Vinh Province. Subsequently, the defendant went to Ho Chi Minh City, stayed at a rented place of his brother Le Van G, and worked there without returning to fulfill his military service obligations on the specified time and date.”

- Judgment: Defendant Le Van T was sentenced to 09 months imprisonment.

Judgment 14/2021/HS-ST dated June 9, 2021, on the offense of evading military service

- Summary content: “In 2020, H was selected for military service and received conscription order No. 10 but avoided complying with it. As a result, the Chairman of the People's Committee of T Commune issued an administrative penalty decision, fining him 2,000,000 VND. In 2021, Nguyen Duc H was again selected for military service and received conscription order No. 50, dated January 25, 2021. However, H continued to avoid complying with the conscription order and was recorded in the administrative violation report on March 4, 2021, for not being present at the required time or place as specified in the conscription order without a valid reason. Consequently, the People's Committee of T Commune issued a decision to prosecute the administrative violation case showing signs of criminal activity.”

- Judgment: Defendant Nguyen Duc H was sentenced to 15 months imprisonment.

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