If I am in university and then transfer to college, can I continue to postpone military service in Vietnam?

If I am in university and then transfer to college, can I continue to postpone military service in Vietnam?

In Clause 1, Article 41 of the 2015 Law on Military Service, supplemented by Point c, Clause 1, Article 49 of the 2019 Law on Militia and Self-Defense, provides for postponement and exemption from conscription 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;

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.

According to the regulations in Vietnam, you are only allowed to suspend military service when you are trained at university or college level during a training course of a training level. Therefore, if you are studying at a university and transferring to a college, you are not allowed to suspend your military service in accordance with the law in Vietnam.

How much is fine for failing to comply with orders for medical examination and examination for military service 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 health examination for conscription as follows: 

1. A fine ranging from VND 10,000,000 to VND 12,000,000 shall be imposed for failing to show up at the time or place for medical examination and examination stated in the Commanding Officer's order for examination 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 medical examination and medical examination for military service from the Commander of the district-level military command in accordance with the Law on Military Service without good 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/her health classification in order to evade military service;

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

Thus, if you do not comply with the medical examination for military service as ordered, you may be fined from VND 25,000,000 to VND 35,000,000 in accordance with the law in Vietnam.

What regimes and policies will citizens participating in military service enjoy in Vietnam? 

In Clause 1, Article 50 of the 2015 Law on Military Service, regime and policies for citizens participating in the military service are as follows:

1. Regarding non-commissioned officers/enlisted soldiers during service in regular armed forces:

a) Provided promptly and sufficiently with conformable food, military equipment, medicine; provided with accommodation, monthly allowances, necessaries and cultural and spiritual needs according to characteristic and tasks of service; provided with incentives in holidays; provided with medical care according to the laws;

b) From the 13^th month, active duty non-commissioned officers/enlisted soldiers may apply for leave under the regime; other irregular absence shall be regulated by the Minister of National Defense;

c) From the 25^th month, active duty non-commissioned officers/enlisted soldiers may receive 250% of current monthly rank allowances;

d) Counted as a member of family when his/her family is allocated or adjusted an area of housing, residential land and/or farmland;

dd) Having the time duration on active duty included in working period of time;

e) Provided with preferential postage;

g) Provided with awards for good performance in combat, service or practice according to the law provisions;

h) Any active duty non-commissioned officers/enlisted soldiers who is injured or ill during the duty shall receive preferential regime according to the law provisions;

i) Covered by social insurance and medical insurance according to the Law on social insurance and the Law on medical insurance;

k) Any active duty non-commissioned officers/enlisted soldiers being members of disadvantaged households or students that receives loans from Vietnam Bank for Social Policies shall received a postponement of payment without interest according to the law provisions;

l) Provided with incentives in military enrollment.

The above are the regimes and policies when citizens participating in military service are entitled to enjoy according to the provisions of law in Vietnam. 

Best regards!