Can I postpone my military service while studying for a master's degree in Vietnam?
Can I postpone my military service while studying for a master's degree in Vietnam? What are administrative penalties for not going to military service according to enlistment order in Vietnam? What are drafting requirements for military service in Vietnam?
Can I postpone my military service while studying for a master's degree in Vietnam?
In Clause 1, Article 41 of the 2015 Military Service Law, supplemented by Point c, Clause 1, Article 49 of the 2019 Militia and Self-Defense Law, stipulates 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.
h) Standing militia.
Thus, currently the law does not have any regulations on military service being postponed while studying for a master's degree. If you are studying for a master's degree but receive an order for pre-enlistment check-up, you must participate in the examination like other citizens. If you receive an enlistment order, you must retain your study results and participate in military service in Vietnam.
What are administrative penalties for not going to military service according to enlistment order in Vietnam?
According to Article 7 of Decree 120/2013/ND-CP as amended by Clause 9, Article 1 of Decree 37/2022/ND-CP, violations of regulations on enlistment are as follows:
1. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failure to be present at the assembling time or location stated in the enlistment order without a legitimate reason.
2. 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 according to regulations.
3. 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 cases specified in Clauses 1 and 2 of this Article.
4. Remedial measures: Forcible performance of military service for those who commit acts of violation specified in Clauses 1, 2 and 3 of this Article.
Therefore, if you are recruited for military service but you do not follow the call to enlist, you will be fined from VND 50,000,000 to VND 75,000,000 in Vietnam.
What are drafting requirements for military service in Vietnam?
Pursuant to Article 4 of Circular 148/2018/TT-BQP stipulating drafting requirements as follows:
1. Age:
a) Citizens from the age of 18 to under 26.
b) Graduate male citizen who enters university or college and postpones conscription for a training course of a level will be drafted until he turns 28.
2. Political requirements:
a) Comply with Joint Circular No. 50/2016/TTLT-BQP-BCA dated April 15, 2016 of the Minister of National Defense – the Minister of Public Security on provisions for political requirements for conscripting citizens into the Vietnamese People’s Army.
b) Drafting for crucial and classified agencies, units and positions in the Army; ceremonial battalion; professional National Guards and Military shall comply with regulations and law of the Ministry of National Defense.
3. Health requirements:
a) Draft citizens with health type 1, 2, 3 as specified in Joint Circular No. 16/2016/TTLT-BYT-BQP dated June 30, 2016 of the Minister of Health – the Minister of National Defense on provisions for pre-enlistment check-up.
b) Drafting for agencies, units and positions specified in Point b Clause 2 of this Article must ensure separate standards as regulated by the Ministry of National Defense.
c) Do not conscript citizens with health type 3 and eye disorders (1.5 dioptre myopia or higher, hypermetropia at all degrees); drug addicts, those contracted with HIV, AIDS.
4. Cultural requirements:
a) Draft citizens who finished 8th grade or higher in descending order. In areas where the drafting quota cannot be guaranteed due to hardship, request the competent authorities to consider and decide to draft citizens who finished 7th grade.
b) Communes in remote and isolated areas, in areas with economic - social hardships according to regulations and law; ethnic minorities below 10,000 people shall draft no more than 25% of the citizens who finished primary education and the citizens who finished lower secondary education are drafted to fill the rest.
Thus, to recruit soldiers to participate in military service in Vietnam, it will be based on four standards prescribed by the law including: age, political standards, health standards, and cultural standards.
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