If a citizen has an accident affecting his/her health, will he/she be dismissed from militia and self-defense forces before time limit in Vietnam?

If a citizen has an accident affecting his/her health, will he/she be dismissed from militia and self-defense forces before time limit in Vietnam? What is the annual time for registration of citizens for participation in militia and self-defense force in Vietnam? What is the age of participation in militia and self-defense forces during peacetime in Vietnam?

Hello Lawnet. I joined the Militia and Self-Defense Force in the commune. Recently, I had a traffic accident that affected my health. As a result, I can't walk. Will I be dismissed from militia and self-defense forces before time limit? Thank you!

If a citizen has an accident affecting his/her health, will he/she be dismissed from militia and self-defense forces before time limit in Vietnam?

Pursuant to Article 12 of the Law on Militia and Self-Defense Forces in 2019 stipulating dismissal from militia and self-defense forces before time limit and removal from list of militia and self-defense forces as follows:

1. A citizen shall be dismissed from militia and self-defense forces in case:

a) Female personnel of militia or self-defense force is pregnant or raising a child under 36 months old; male personnel of militia or self-defense force raising a child under 36 months old; or

b) He/she has inadequate health to perform tasks of militia and self-defense forces; or

c) His/her unexpected family hardships render inability to participate in militia and self-defense forces which is confirmed by Chairpersons of People’s Committees of communes and districts that do not have communes, heads of agencies and organizations; or

d) He/she is conscripted for army or People’s Public Security; employed as a national defense official or policeman; or

dd) His/her receives letter of admission in higher education institution, vocational education institution, school of regulatory authority, political organization or socio-political organization; receives notice and travels abroad for work or study.

2. A citizen shall be removed from list of militia and self-defense forces in case:

a) He/she is deceased or declared by the court to be missing or deceased; or

b) He/she is a suspect in a charge; or

c) He/she is revoked from the title of militia and self-defense forces; or

d) He/she is met with enforced entry to education institutions; or

dd) He/she is addicted to drugs according to confirmation of competent authority or met with enforced entry to rehabilitation centers;

e) He/she is met with education methods in commune, ward or town.

3. Chairpersons of People’s Committees of communes and districts that do not have communes, heads of agencies and organizations shall decide which citizens to be dismissed and removed from militia and self-defense forces.

As regulations above, a citizen shall be dismissed from militia and self-defense forces when he/she has inadequate health to perform tasks of militia and self-defense forces. This case must be certified by a competent authority confirming your health status.

What is the annual time for registration of citizens for participation in militia and self-defense force in Vietnam?

Pursuant to Article 9 of the Law on Militia and Self-Defense Forces in 2019 stipulating registration of citizens for participation in militia and self-defense forces and management of militia and self-defense forces as follows:

1. Registration of citizens for participation in militia and self-defense forces is prescribed as follows:

a) In April of each year, based on results of registration of military duty, Chairpersons of People’s Committees of communes and districts that do not have communes, heads of agencies and organizations are responsible for registering citizens from 18 years of age for participation of militia and self-defense forces; organizing additional registration for citizens within the age group eligible for participation of militia and self-defense forces;

b) Chairpersons of People’s Committees of communes and districts that do not have communes are responsible for registering citizens within the age group eligible for participation in militia and self-defense forces that change residence or register temporary or permanent residence for participation in militia and self-defense forces.

In case of changes to workplace, heads of agencies and organizations are responsible for registering citizens for participation in militia and self-defense forces;

c) Persons with physical disability, persons with life-threatening diseases and mental illnesses are exempted from registration and participation in militia and self-defense forces as per the law.

2. Management of militia and self-defense forces is prescribed as follows:

a) Personnel of militia and self-defense forces that are absent during task period must report to direct commanders for consideration and decision;

b) Personnel of militia and self-defense forces that are temporarily absent for 3 months or more must report to military commands of communes or districts that do not have communes of are of residence, military commands of agencies and organizations or commanders of self-defense forces if military commands of agencies and organizations are not available;

c) Government shall regulate management hierarchies of militia and self-defense forces.

As regulations above, registration of citizens for participation in militia and self-defense forces shall take place in April of each year. Based on results of registration of military duty, Chairpersons of People’s Committees of communes and districts that do not have communes, heads of agencies and organizations are responsible for registering citizens from 18 years of age for participation of militia and self-defense forces; organizing additional registration for citizens within the age group eligible for participation of militia and self-defense forces.

What is the age of participation in militia and self-defense forces during peacetime in Vietnam?

Pursuant to Article 8 of the Law on Militia and Self-Defense Forces in 2019 stipulating age and duration of participation in militia and self-defense forces during peacetime as follows:

1. Male citizens from 18 years of age until 45 years of age inclusively, female citizens from 18 years of age until 40 years of age inclusively are responsible for joining militia and self-defense forces; in case of voluntary participation, militia and self-defense force duties may last up to the age of 50 inclusively for male and 45 inclusively for female.

2. Duration of participation in on-site, mobile, marine, anti-aircraft, artillery, scouting, information, engineering, chemical defense and medical militia and self-defense forces is 4 years; duration of participation in standing militia is 2 years.

Based on requirement and tasks of national defense and military of local governments, agencies and organizations, duration of participation in militia and self-defense forces may be extended for no more than 2 years; for marine militia, self-defense forces and commanders of militia and self-defense forces may be extended without exceeding the age specified in Clause 1 of this Article.

3. Chairpersons of People’s Committees of communes and districts that do not have communes, heads of agencies and organizations shall decide to prolong the age group and duration of participation of militia and self-defense forces as specified in this Article.

As regulations above, male citizens from 18 years of age until 45 years of age inclusively, female citizens from 18 years of age until 40 years of age inclusively are responsible for joining militia and self-defense forces; in case of voluntary participation, militia and self-defense force duties may last up to the age of 50 inclusively for male and 45 inclusively for female.

Best regards!

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