Beyond the Age for Military Conscription, Can One Serve on Active Duty? When Is Removal from the Military Service Registration List Permissible?

Is it possible to serve in active duty if one is beyond the draft age?

Based on Article 7 of the Military Service Law 2015, regarding the obligation to serve in the reserve force, it is stipulated as follows:

1. Male citizens within the age range for military service are obligated to serve in the reserve force under the following cases:

   a) Exceeds the draft age but has not yet served in active duty;

   b) Ceases to serve in active duty;

   c) Ceases to serve in the People's Public Security force.

2. Female citizens within the age range for military service who have professions or specializations suitable to the requirements of the People's Army.

The Government of Vietnam shall specify the profession or specialization in this section.

As such, according to the current regulations, a male who is beyond the draft age but has not yet served in active duty falls into the category of the reserve force. Therefore, if there is a shortage of troops, they may still be drafted.

When can one be removed from the military service registration list?

According to Article 19 of the Military Service Law 2015 regarding the removal from the military service registration list:

1. Citizens are removed from the military service registration list in the following cases:

   a) Death;

   b) Exceeds the age of service in the reserve force;

   c) Cases specified in Clause 1, Article 13 or Article 14 of this Law.

2. Within 10 days from the date of confirmation by the competent authority, the Commune Military Command, agencies, or organizations with citizens specified in Clause 1 of this Article must report to the District Military Command for decision.

Additionally, Article 25 of this law stipulates the age of service for non-commissioned officers and reserve soldiers as follows:

The age of service in the reserve force for non-commissioned officers and soldiers is stipulated as follows:

1. Male citizens up to 45 years old;

2. Female citizens up to 40 years old.

You will only be removed from the military service registration list if you fall into one of the above cases. In terms of age, you must be past 45 years old.

Respectfully!