How much is fine for offering of money to healthcare workers for the purpose of falsification of military service health classification results in Vietnam?

How much is fine for offering of money to healthcare workers for the purpose of falsification of military service health classification results in Vietnam?

In Article 6 of Decree 120/2013/ND-CP as amended by Clause 8, Article 1 of Decree 37/2022/ND-CP stipulating violations against regulations on medical examination and examination for performance of military service

1. A fine ranging from VND 10,000,000 to VND 12,000,000 shall be imposed for failing to show up in time or place for medical examination and health check-up stated in the Commanding Officer's order for health check-up or medical examination for military service of the Commander of the District Military Command in accordance with the Law on Military Service without a legitimate reason.

2. A fine ranging from VND 12,000,000 to VND 15,000,000 shall be imposed for intentionally refusing to receive orders for health check-up and medical examination for military service from the Commander of the district-level military command in accordance with the Law on Military Service without a legitimate reason.

3. A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for one of the following acts:

a) The person receiving the medical examination commits fraudulent acts to falsify the results of his health classification in order to avoid military service;

b) Giving money, property, or other material benefits valued at less than VND 2,000,000 to officials, medical workers or other people in order to falsify the results of the health classification of the examined person or the person being examined for military service in order to avoid military service.

4. A fine ranging from VND 25,000,000 to VND 35,000,000 shall be imposed for failing to comply with orders for medical examination and health check-up for military service.

Thus, according to the above regulations in Vietnam, Mr. T next to your house, giving money (1,000,000 VND) to medical workers to falsify the results of military service health classification will be fined from VND 15,000,000 to 20,000,000 VND.

Will intentionally causing traffic accident to avoid military service be liable for criminal prosecution in Vietnam?

According to Article 332 of the 2015 Penal Code, avoiding conscription is as follows:

1. Any person who fails to comply with regulations of law on conscription, defies an enlistment order or military training order despite the fact that he/she has incurred an administrative penalty or has an unspent conviction for the same offence shall face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 01 - 05 years' imprisonment:

a) The offender injures himself/herself to avoid conscription;

b) The offence is committed in wartime;

c) The offender drags another person into committing the offence.

Therefore, with the act of intentionally causing a traffic accident to avoid military service, they can be liable for criminal prosecution in Vietnam for the crime of avoiding conscription. This offender shall be sentenced to between 1 and 5 years of imprisonment.

Can person being the sole earner of the family be able to postpone military service in Vietnam?

Pursuant to Clause 1, Article 41 of the 2015 Law on Military Service, which is supplemented by Point c, Clause 1, Article 49 of the 2019 Law on Militia and Self-Defense, stipulates postponement and exemption from conscription:

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, according to the above regulations in Vietnam, citizens being the sole earner who directly takes care of his/her relative who lost working capacity or under working age are eligible for temporary postponement of military service.

If I am temporarily postponed from military service but volunteer, will I be considered for conscription in Vietnam?

In Clause 3, Article 41 of the 2015 Law on Military Service stipulates postponement and exemption from conscription as follows:

3. Citizens eligible for postponement of conscription prescribed in clause 1 of this Article shall be called up for military service if the reason for postponement is no longer available.

Citizens eligible for postponement or exemption from conscription prescribed in clauses 1 and 2 of this Article who volunteer to join the army shall be consider selecting and calling up.

Therefore, citizens subject to temporary military service postponement but volunteering will be considered for selection and called for military service in Vietnam. 

Best regards!