Does having children exempt from military service in Vietnam?

Does having children exempt from military service in Vietnam?

Let me ask, I am 23 years old now, I am married and have a child who is now 1 and a half years old. I want to ask if my situation is exempt from military service?

Reply:

According to the provisions of Clause 2, Article 41 of the Law on Military Service 2015 on cases of exemption from military service is as follows:

2. These following citizens shall have conscription exempted:

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

b) Any citizen who is a brother of revolutionary martyrs;

c) 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;

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

dd) 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;

Thus, in case you get married and have children, you are not exempt from duty according to the provisions of law in Vietnam. So in case you qualify, you still have to participate in military service.

Does having children exempt from military service in Vietnam? (Image from the Internet)

If my father passes away and I have a younger sibling, will my military service be postponed in Vietnam?

My father just passed away, my family still has a child in 7th grade, I am currently the sole earner in the family. I would like to ask if I can postpone my participation in the service?

Reply:

According to the provisions of Clause 1, Article 41 of the Law on Military Service 2015 (supplemented by Point c, Clause 1, Article 49 of the Law on Militia and Self-Defense 2019) cases where military service can be postponed are 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.

Thus, in your case, you are currently the sole earner in the family and are currently raising a relative who is not yet of working age, so you will be eligible for postponement of participation in military service according to the provisions of Article 10, this Law in Vietnam.

Does a 17 year old be called up for military service examination in Vietnam?

I was born on December 24, 2003 and will be 18 years old on December 24, 2021. Currently, my commune is calling citizens to go for military service examination at the end of November. At this time, I will only be 17 years old. Let me ask if in my case I can postpone my service until next year.

Reply:

According to the provisions of Clause 1, Article 12 of the Law on Military Service 2015, entities subject to registration for military service include:

1. Male citizens turn 17 years old and above

2. Female citizens specified in clause 2 Article 7 of this Law turn 18 years old and above.

It can be seen that male citizens 17 years of age or older will be eligible to register for military service.

In addition, according to the provisions of Article 30 of the 2015 Military Service Law, the age for conscription includes: 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, it can be seen that male citizens 17 years of age or older will be subject to conscription registration in Vietnam. Therefore, if a citizen who is 17 years old registers for medical examination at the locality with a medical examination certificate, he must comply with the medical examination order.

Best regards!