Can married people be conscripted for military service in Vietnam?

What are requirements for conscription and service in People’s Army force of Vietnam?

Pursuant to Article 31 of the Law on Military Service in 2015 stipulating requirements for conscription and service in People’s Army force of Vietnam as follows:

Requirements for conscription and service in People’s Army force

1. A citizen shall be conscripted into the army if he/she satisfies the following conditions:

a) Have conformable profile;

b) Strictly comply with the lines and policies of Communist Party, policies and laws of the State;

c) Have full health for service on active duty according to the regulations;

d) Have appropriate education level.

2. Requirements for service in People’s Army force are specified in Article 7 of the Law on People’s Army.

As regulations above, a citizen shall be conscripted into the army if he/she satisfies the following conditions:

- Have conformable profile;

- Strictly comply with the lines and policies of Communist Party, policies and laws of the State;

- Have full health for service on active duty according to the regulations;

- Have appropriate education level.

Can married people be conscripted for military service in Vietnam? - Source: Internet

Can married people be conscripted for military service in Vietnam?

Pursuant to Article 41 of the Law on Military Service in 2015 (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:

These following citizens shall have conscription postponed:

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

- 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;

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

- 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;

- 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;

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

- 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.

- Standing militia.

These following citizens shall have conscription exempted:

- Any citizen who is a child of revolutionary martyrs or grade 1 wounded soldiers;

- Any citizen who is a brother of revolutionary martyrs;

- Any citizen who is a child of grade 2 wounded soldiers; a child of sick soldiers suffering labor capacity reduction of 81% or above; a child of people infected with dioxin and suffering labor capacity reduction of 81% or above;

- Any citizen carrying out essential tasks who is not a soldier or a People’s Army;

- Any citizen who is official or youth volunteer assigned to extremely disadvantaged socio-economic area according to the law provisions for 24 months or more;

As regulations above, having a wife and children is not one of the cases that are eligible for deferment or exemption from military service. If a citizen is still within the age range, they are still subject to military service according to regulations.

Therefore, a citizen who is married and has children may still be required to serve in the military if they do not belong to a case that is exempt from or deferred from military service and meet the enlistment requirements.

Shall a deserter who is on military service go to prison in Vietnam?

Pursuant to Article 402 of the Criminal Code in 2015 stipulating desertion as follows:

Desertion

1. Any person who leaves the unit to evade military service whether in wartime or while having incurred a disciplinary penalty for the same offence or causing serious consequences shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:

a) The offender is a commander or commissioned officer;

b) The offender drags another person into committing the offence;

c) The offender carries, abandons military weapons or equipment or secret documents;

d) The offence results in very serious consequences.

3. This offence committed in any of the following circumstances carries a penalty of 05 - 12 years' imprisonment:

a) The offence is committed in battle;

b) The offence is committed in a warzone;

c) The offence is committed during a rescue mission;

d) The offence is committed in time of emergency;

dd) The offence results in extremely serious consequences.

As regulations above, in the case of a person who is on active military service and commits an act of leaving the military ranks in order to evade duty during wartime or has been disciplined for this act and still violates or causes serious consequences, they may be prosecuted for the crime of desertion.

A person who commits the crime of desertion may be sentenced to imprisonment from 06 months to 12 years, depending on the nature, severity, and behavior of the crime.

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