Does a convicted person whose criminal record has been expunged have to perform the conscription in Vietnam?
Does a convicted person whose criminal record has been expunged have to perform the conscription in Vietnam? If my father recently passed away and I am the sole earner in my family, can I be postponed from military service in Vietnam? If I did not pass the military service last year, will I be called up again this year in Vietnam?
Does a convicted person whose criminal record has been expunged have to perform the conscription in Vietnam?
Does a convicted person whose criminal record is expunged have to enlist in the army? Let me ask. I was sentenced to 9 months in prison. Now my criminal record has been expunged. So will the locality call me for military service examination again? Thank you.
Reply:
Case: You have not registered for military service because when you turn 17 years old you will be prosecuted for criminal liability; are serving a prison sentence, community sentence, probation or have completed serving a prison sentence but have not had their criminal record expunged.
Now that your criminal record has been expunged, you are obliged to register for military service, and you will be called into the army when you meet the following conditions:
According to Article 30 and Article 31 of the 2015 Military Service Law, the age and criteria for conscription are as follows:
Article 30. Age subject to conscription
Citizens turning to 18 years old shall be conscripted into the army. Age subject to conscription is from 18 to under 26 years old. A citizen who enters university or college and postpones the conscription shall be subject to conscription until he/she turns to 28 years old.
Article 31. 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.
In case: You have registered for military service, when your criminal record is expunged, you will be called into service when you meet the conditions for military service as prescribed above.
If my father recently passed away and I am the sole earner in my family, can I be postponed from military service in Vietnam?
If my father recently passed away and I am the sole earner in my family, can I be postponed from military service in Vietnam? Let me ask, my father just passed away. My mother is 45 years old and is still of working age, but she stays at home and doesn't do hard work and doesn't make money. I have a younger sister in 4th grade. Now I'm the only one in my family making money to support my family, so can I postpone my military service?
Reply:
Cases of postponement of military service are specified in Clause 1, Article 41 of the 2015 Law on Military Service, specifically as follows:
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;
...
So in this case, it can be seen that if you are the only employee who has to directly take care of a relative who is no longer able to work or has not yet reached working age, this is considered a case of postponement of military service according to the law in Vietnam. You can make an application to request confirmation of your family's difficult circumstances and then submit it to the chairman of the commune People's Committee. The competent authorities will consider and resolve the postponement of military service for you.
If I did not pass the military service last year, will I be called up again this year in Vietnam?
If I did not pass the military service last year, will I be called up again this year in Vietnam? Please ask. Last year, I failed the military service exam, so I wonder if I will be called up for military service again this year?
Reply:
In Article 30 of the 2015 Military Service Law, it is stipulated:
Article 30. Age subject to conscription
Citizens turning to 18 years old shall be conscripted into the army. Age subject to conscription is from 18 to under 26 years old. A citizen who enters university or college and postpones the conscription shall be subject to conscription until he/she turns to 28 years old.
Thus, according to the above regulations in Vietnam, if you are within the above age group and are not eligible for exemption or postponement of military service, even if you have failed military service in the past, you are still eligible to be called for military service examination.
In addition, the law also stipulates that citizens can be called into the army when they meet the age standards, cultural standards, political standards, and health standards specified in Circular 148/2018/TT-BQP. 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.
Best regards!
