If I have a stable job, will I be participated in military service in Vietnam?

If I have a stable job, will I be participated in military service in Vietnam? Will I lose my job after demobilizing from military service in Vietnam?

I am a new graduate working for a foreign company but am still of military service age, will I be called to military service? Will I lose my job after demobilizing from duty? Please answer the above questions. Thank you very much.

If I have a stable job, will I be participated in military service in Vietnam?

Pursuant to Article 41 of the 2015 Military Service Law, provisions on postponement and exemption from conscription are 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.

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;

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.

4. Lists of citizens eligible for postponement or exemption from conscription shall be posted publicly at head offices of People’s Committees of communes and/or relevant organizations/agencies for 20 days.

So, if your job is not included in the conscription postponement or conscription exemption section, then when you are still in the age group called to serve, you still have to go for a conscription examination according to the order in Vietnam.

If I have a stable job, will I be participated in military service in Vietnam? (Image from the Internet)

Will I lose my job after demobilizing from military service in Vietnam?

According to Article 30 of the Labor Code, regulations on suspension of an employment contract are as follows:

1. Cases of suspension of an employment contract:

a) The employee is conscripted into the army or militia;

b) The employee is held in custody or detention in accordance with the criminal procedure law;

c) The employee is sent to a reformatory school, drug rehabilitation center or correctional facility;

d) The female employee is pregnant as specified in Article 138 of this Code;

dd) The employee is designated as the executive of a wholly state-owned single-member limited liability company;

e) The employee is authorized to representative the state investment in another enterprise;

g) The employee is authorized to represent the enterprise’s investment in another enterprise;

h) Other circumstances as agreed by both parties.

2. During the suspension of the employment contract, the employee shall not receive the salary and benefits specified in the employment contract, unless otherwise agreed by both parties or prescribed by law.

Thus, in case the employee already has a job and still wants to perform military service, the employee can suspend the labor contract so as not to have his job affected in Vietnam.

Best regards!

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