Shall avoiding conscription result in imprisonment in Vietnam? What are the standards for conscription in 2025?
Shall avoiding conscription result in imprisonment in Vietnam?
Based on Article 332 of the Criminal Code 2015 which stipulates the crime of avoiding conscription:
Article 332. Crime of avoiding conscription
- Anyone who does not comply with the legal regulations on registering for military service, does not comply with the conscription orders, training concentration orders, has been administratively sanctioned for this behavior or has been convicted of this crime, has not yet been pardoned but continues to violate, shall be sentenced to non-custodial reform for up to 02 years or imprisonment from 03 months to 02 years.
- Committing the crime in any of the following cases shall be sentenced to imprisonment from 01 year to 05 years:
a) Self-inflicting injuries or causing harm to their own health;
b) Committing the crime during wartime;
c) Inciting others to commit the crime.
According to the above regulations, citizens who are conscripted but evade can be criminally prosecuted for avoiding conscription.
Individuals who are criminally prosecuted for avoiding conscription may be sentenced to non-custodial reform for up to 02 years or imprisonment from 03 months to 05 years depending on the nature, level, and conduct of the crime.
Shall avoiding conscription result in imprisonment in Vietnam? What are the standards for conscription in 2025? (Image from the Internet)
What are the standards for conscription in Vietnam in 2025?
Based on Article 31 of the Military Service Law 2015 which stipulates the standards for citizens conscripted for military service and participating in the People's Police:
Article 31. Standards for citizens conscripted for military service and participating in the People's Police
- Citizens are conscripted when they meet the following standards:
a) Clear background;
b) Strictly abide by the guidelines and policies of the Communist Party, the laws of the State;
c) Good health to serve on active duty as prescribed;
d) Appropriate educational level.
- Standards for citizens participating in the People's Police are as stipulated in Article 7 of the Law on People's Police.
Thus, the standards for conscription in 2025 are as follows:
- Clear background
- Strictly abide by the guidelines and policies of the Communist Party, the laws of the State
- Good health to serve on active duty as prescribed
- Appropriate educational level
Are Vietnamese citizens who are undertaking full-time undergraduate education at a higher education institution eligible for a postponement of conscription?
Based on Article 5 of Circular 148/2018/TT-BQP which stipulates the deferment and exemption from conscription:
Article 5. Deferment and exemption from conscription
The deferment and exemption from conscription in peacetime are implemented according to Article 41 of the Military Service Law 2015, as follows:
- Deferment of conscription for the following citizens:
a) Those not healthy enough to serve on active duty as concluded by the Health Examination Council.
b) The sole laborer directly nurturing relatives who are incapacitated for work or underage; families significantly damaged in terms of people and property due to accidents, natural disasters, dangerous epidemics as confirmed by the commune-level People's Committee.
c) The only child of a war invalid, or a person affected by toxic chemicals reducing their working capacity from 61% to 80%.
d) Having siblings who are non-commissioned officers, soldiers serving on active duty; non-commissioned officers, soldiers participating in the People's Police.
dd) Belonging to the category of migrants, population dispersal in the first 03 years to specially difficult communes according to the socio-economic development projects of the State as decided by the provincial-level People's Committee or higher.
e) Officials and public employees, youths summoned to work in areas with extremely difficult socio-economic conditions as prescribed by law.
g) Studying at an educational institution; undergoing full-time undergraduate education at a higher education institution, full-time college education at a vocational education institution during one training course for one educational level.
[...]
According to the above regulations, citizens who are undertaking full-time undergraduate education at a higher education institution will be eligible for a deferment of conscription during the period of one training course for their educational level.
