Are students in 11th grade required to perform military service in Vietnam? Is it permissible to be discharged early if a person is not physically fit?

Are students in 11th grade required to perform military service in Vietnam?

I'm 17 years old and in 11th grade. My commune has just sent me a summon for military service. Do I have to perform military service at my age?

Answer:

Pursuant to Article 30 of the Law on Military Service in 2015 stipulating age subject to conscription as follows:

Citizens turning to 18 years old shall be conscripted into the army. Age subject to conscription is from 18 to under 26 years old. A citizen who enters university or college and postpones the conscription shall be subject to conscription until he/she turns to 28 years old.

Based on the aforementioned regulations, the minimum age for conscription is 18 years. Therefore, if you are only 17 years old, you are not eligible to be conscripted. You can directly contact the local Military Command Board or the Commune People's Committee to discuss and seek guidance.

Are students in 11th grade required to perform military service in Vietnam? Is it permissible to be discharged early if a person is not physically fit? - Image from Internet

Is the son-in-law of a war invalid exempt from military service in Vietnam?

Is the son-in-law of a first-class war invalid, whose name is included in the household registration book, considered as a biological child? Is he eligible for military service exemption? My wife's family consists only of my wife and me as children. The local Military Command Board stated that only biological children are eligible for military service exemption. Thank you!

Answer:

Based on the provisions of Point a Clause 2 Article 41 of the Law on Military Service in 2015 and Point a Clause 2 Article 5 of Circular 148/2018/TT-BQP:

Children of martyrs and children of first-class war invalids are exempt from military service.

These regulations do not specify whether children of martyrs or children of first-class war invalids refer to biological children, adopted children, or sons-in-law.

However, in practice, the determination of the parent-child relationship for the purpose of exemption or postponement of military service is often based on blood relations. As a son-in-law does not have a blood relationship with the first-class war invalid, they are not generally considered eligible for exemption.

Therefore, even if your name is included in the household registration book of your wife's family, you are not eligible for military service exemption as you are not the war invalid's biological child. The response provided by the local military command board is justified in this case.

Is it permissible to be discharged early in Vietnam if an enlisted soldier is not physically fit?

I have been conscripted for military service. If I encounter health issues or lack physical fitness during the service, can I be discharged early?

Answer:

Pursuant to Clause 2 Article 43  of the Law on Military Service in 2015 stipulating conditions for demobilization as follows:

A non-commissioned officer/enlisted soldier may be demobilized before the regular date of demobilization in case the Medical Examination Council concludes that he/she does not have satisfactory health for continuing the active duty service or the cases specified in points b and c clause 1; points a, b and c clause 2 Article 41 of this Law.

In the case where you are currently fulfilling your military service but receive a conclusion from the Medical Examination Council stating that you are not physically fit to continue serving, you may be eligible for early discharge.

Best regards!