If my brother has carried out the prison sentence, can he register for military service in Vietnam? After joining the Party, can I be exempted from conscription in Vietnam?

If my brother has carried out the prison sentence, can he register for military service in Vietnam?

If my brother has carried out the prison sentence, can he register for military service in Vietnam? I have a younger brother who has carried out the prison sentence is still of military service age, can he register for military service? My whole family wants to let her go for training.

Reply:

Article 13 of the 2015 Military Service Law stipulates entities must not register for military service as follows:

1. Citizens in any of the following cases must not register for military service:

a) Any citizen who is facing criminal prosecution; serving the prison sentence, non-custodial re-education, bearing surveillance or citizen who has carried out the prison sentence but without expunging of criminal record;

b) Any citizen who is bearing education at communes or is being at reform school, compulsory re-education schools, compulsory detoxification centers;

c) Any citizen whose right to serve in People’s armed forces is revoked.

2. When the duration of measures specified in clause 1 of this Article expired, the citizen may register for military service.

According to the above regulations in Vietnam, in cases where a person has carried out the prison sentence but without expunging of criminal record, he cannot register for military service. In case your brother has had his criminal record expunged, he can register for military service.

Therefore, if your brother has not had his criminal record expunged, he cannot register for military service; If his criminal record has been expunged, he can register for military service in Vietnam.

If my brother has carried out the prison sentence, can he register for military service in Vietnam? After joining the Party, can I be exempted from conscription in Vietnam? (Image from the Internet)

After joining the Party, can I be exempted from conscription in Vietnam?

After joining the Party, can I be exempted from conscription in Vietnam? Now that I have been admitted to the Party, may I ask, once I join the Party, will I be required to conscript into army? Is it possible to be exempted from conscription?

Reply:

Clause 2, Article 41 of the 2015 Military Service Law stipulates that the following cases are exempt from conscription:

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 police officer;

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, you must fall into one of the above cases to be exempt from conscription in Vietnam. The fact that you have joined the Party is not a basis for being exempted from conscription.

If I join the People’s Public Security Force, how long will my brother's conscription be postponed in Vietnam?

If I join the People’s Public Security Force, how long will my brother's conscription be postponed in Vietnam? I am 21 years old this year, next year I will join the People’s Public Security Force. My family is normal, there are no war invalids, martyrs, illnesses or difficult circumstances, and my health is good. So my younger brother at home who is currently 18 years old will be able to postpone his conscription until when?

Reply:

Clause 1d, Article 41 of the 2015 Military Service Law stipulates these following citizens shall have conscription postponed:

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 the police;

And according to Clause 1, Article 8 of the 2018 People's Public Security Law: A citizen’s fulfillment of the obligation to join the People’s Public Security Force means that he/she has performed their obligation to defend the Fatherland during his/her service in the people’s armed force. Annually, the People’s Public Security Force may recruit citizens within age for service into the People’s Public Security Force for a period of 24 months. The Minister of Public Security shall be accorded authority to extend the period of service of non-commissioned officers and conscripts to no more than 06 months in the following cases:

a) Extension of the period of service serves the purpose of being ready to fight;

b) Extension of the period of service may be granted if they are performing natural disaster or epidemic prevention and control or rescue tasks.  

Thus, if you do not fall into the case of having your period of service serves extended, you will perform your service in the police for 24 months. During this time, your brother will be postponed from conscription in Vietnam.

Best regards!