Can I take days of leave to return home for Tet while on military service in Vietnam?

Can I take days of leave to return home for Tet while on military service in Vietnam?

Question: Hello, my son has been participating in military service since the beginning of the lunar year until now, and now Tet is approaching. Please ask: Can my son take time off when he is in the military to go home to celebrate Tet?

Reply:

According to the provisions of Article 50 of the 2015 Military Service Law, there are regulations on policies for active duty non-commissioned officers/enlisted soldiers, demobilized non-commissioned officers/enlisted soldiers and their family as follows:

b) From the 13^th month, active duty non-commissioned officers/enlisted soldiers may apply for leave under the regime; other irregular absence shall be regulated by the Minister of National Defense;

And the provisions of Article 3 of Decree 27/2016/ND-CP stipulate leaves of active non-commissioned officers and soldiers as follows:

1. From the 13^th month on service, an active non-commissioned officer or soldier has an annual leave of 10 days (exclusive of the travel time) and receive allowances for travel cost under current regulations.

2. For non-commissioned officers and soldiers who have studied in military or non-military schools or institutes for at least one year and have a summer vacation between two academic years, such vacation shall be considered period of leave and payment for travel cost shall be made as per current provisions. 

3. If leave cannot be granted due to a combat situation or threat thereof or difficulty in travel, the leave will be converted into an amount of money.  The payment for one leave day shall be equal to the daily meal allowance of a non-commissioned officer/foot soldier.

4. For non-commissioned officers/soldiers who have used up their annual leave, if their family suffer from natural disaster or a serious fire or their parents, parents-in-law; lawful fosterer; spouse; children or legally-adopted children pass away or they gain remarkable achievements during duty performance, they will be given a special leave of a period of no more than 5 days (exclusive of the travel time) and receive an allowance for travel.

Thus, according to the above regulations in Vietnam, your child has not participated in military service for 12 months, so he will not be entitled to leave according to the regime. And because of the desire to go home to celebrate Tet, it is not a case of special leave, so your child will not be allowed to go home to celebrate Tet with your family.

Can I take days of leave to return home for Tet while on military service in Vietnam? (Image from the Internet)

Can I postpone my military service in Vietnam if I pass the order to go to Japan?

Question: During the 12th grade, I did not have a service certificate for the first round of pre-qualification, while at that time I studied and passed the order to go to Japan on November 18, 2019, so I got a service notice dated November 30, 2019. As far as I know, the state's military service law gives priority to those who pass the Japanese order and study there to have their military service postponed, right?

Reply:

According to 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, the cases of military service suspension are specified as follows:

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.

So, winning the order to go to Japan is not a case of postponing military service in Vietnam.

Does using drugs require to perform military service in Vietnam?

Question: Let me ask you. If a person uses methamphetamine according to current law, is he subject to military service? Hope to receive feedback from you soon.

Reply:

In Clause 3, Article 4, Circular 148/2018/TT-BQP regulating military recruitment standards stipulates:

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.

Thus, based on the above regulations in Vietnam, a person who uses meth and is concluded that he is addicted to drugs when undergoing a medical examination for military service will not be eligible to participate in military service. But if there is no conclusion of drug addiction, you will be eligible to participate. So it depends on the results of the health check during the recruitment exam.

Best regards!