Are people studying for a master's degree eligible for deferment of military service in Vietnam?

Are people studying for a master's degree eligible for deferment of military service in Vietnam?

Pursuant to Clause 1 Article 41 of the Law on Military Service in 2014 (amended by Clause 1.c Article 49 of the Law on Militia and Self-defense Forces in 2019) stipulating postponement and exemption from conscription as follows:

1. These following citizens shall have conscription postponed:

a) Any citizen whose health is unsatisfactory for active duty military service according to the conclusion of pre-enlistment check-up board;

b) 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;

c) Any citizen who is a child of sick soldiers, people infected with dioxin and suffering labor capacity reduction from 61% to 80%;

d) 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;

dd) 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;

e) Any citizen who is official or youth volunteer assigned to extremely disadvantage socio-economic area according to the law provisions;

g) 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.

As regulations above, only citizens receiving training of university level at higher education institutions are eligible for deferment of military service in Vietnam. As you are participating in a master's degree program, you still have to join the health examination for military service as prescribed per law.

Are people studying for a master's degree eligible for deferment of military service in Vietnam? - Source Internet

Is there a penalty for not attending a military health examination in Vietnam?

Pursuant to Article 6 of Decree 120/2013/NĐ-CP (amended by Clause 8, Article 1 of Decree 37/2022/NĐ-CP) stipulating penalties for violations of regulations on inspection and health examination for military service as follows:

1. A fine of VND 10,000,000 to VND 12,000,000 for failing to appear at the specified time or location for inspection or health examination as stated in the inspection or health examination order for military service issued by the Commander of the Military Command Unit at the district level under the Law on Military Service without a legitimate reason.

2. A fine of VND 12,000,000 to VND 15,000,000 for deliberately failing to receive the inspection or health examination order for military service issued by the Commander of the Military Command Unit at the district level under the Law on Military Service without a legitimate reason.

3. A fine of VND 15,000,000 to VND 20,000,000 for any of the following acts:

a) Deception by the person being examined to falsify the results of their health classification in order to evade military service.

b) Providing money, property, or other material benefits worth up to VND 2,000,000 to medical staff or others to falsify the health classification results of the person being inspected or the person being examined for military service in order to evade military service.

4. A fine of VND 25,000,000 to VND 35,000,000 for failure to comply with the inspection or health examination order for military service.

Therefore, if you do not attend the health examination for military service, you will be fined VND 25,000,000 to VND 35,000,000.

Is there a prison sentence for avoiding military service in Vietnam?

Pursuant to Article 332 of the Criminal Code in 2015 stipulating avoiding conscription as follows:

1. Any person who fails to comply with regulations of law on conscription, defies an enlistment order or military training order despite the fact that he/she has incurred an administrative penalty or has an unspent conviction for the same offence shall face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 01 - 05 years' imprisonment:

a) The offender injures himself/herself to avoid conscription;

b) The offence is committed in wartime;

c) The offender drags another person into committing the offence.

Therefore, if an individual evades military service, they shall face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment.

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