Do I have to join the military service after failing to graduate from high school in Vietnam?
Do I have to join the military service after failing to graduate from high school in Vietnam? When is pre-enlistment check-up in Vietnam? Is it possible to postpone military service while on vocational training in Vietnam?
Do I have to join the military service after failing to graduate from high school in Vietnam?
This year I have just finished grade 12 but failed to graduate. Is it possible to postpone military service in this case? Because over the year, I will retake the high school graduation exam, if I join the military service, I will not be able to take the graduation exam.
Reply:
In Clause 1, Article 41 of the 2015 Law on Military Service, there are cases in which military service is 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
In your case, if you are studying at a high school, you will be postponed. If you fail to graduate, you are no longer attending high school or attending intermediate school, college or university, if you retake the exam over the next year, you will be a free candidate, so you are not eligible for military service postponement in Vietnam.
When is pre-enlistment check-up in Vietnam?
I learned that there will be pre-enlistment check-ups every year. So, when is time for the pre-enlistment check-up period?
Reply:
In Clause 4, Article 40 of the 2015 Law on Military Service, it is stipulated:
4. The pre-enlistment check-up shall be conducted from November 01st to December 31st of every year. Time of the second pre-enlistment check-up shall be according to the regulations in Article 33 of this Law and decided by the Prime Minister.
Thus, according to the above regulations in Vietnam, the annual pre-enlistment check-up period starts from November 1 and ends on December 31. The law does not specify which time, so depending on the locality, there will be a different time for recruitment examination, but it is guaranteed within the above time.
In addition, in Article 4 of Circular 148/2018/TT-BQP, there are regulations on standards for participation in military service 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.
Is it possible to postpone military service while on vocational training in Vietnam?
If my child is studying a vocational training to prepare to study abroad, he has an order to enlist, so can he postpone?
Reply:
Clause 1, Article 41 of the 2015 Law on Military Service, supplemented by Point c, Clause 1, Article 49 of the 2019 Militia and Self-Defense Law, the following cases will be temporarily suspended from military service:
1. 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, compared with the above cases, when you are studying a job and preparing to study abroad, you are not eligible for postponement of military service in Vietnam.
Only if you fall into the cases where the above-mentioned service is suspended or the military service is postponed in Clause 2 of this Article, you will not have to go to the military service in Vietnam.
Best regards!
