What are penalties for failure to be present at the assembling time to perform military service in Vietnam?

What are penalties for failure to be present at the assembling time to perform military service in Vietnam?

Pursuant to Article 7 of Decree 120/2013/ND-CP as amended by Clause 9, Article 1 of Decree 37/2022/ND-CP stipulating violations against enlistment regulations as follows:

1. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failure to be present at the assembling time or location stated in the enlistment order without a legitimate reason.

2. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for fraudulent acts in order to evade the execution of the order to enlist after receiving the results of the medical examination for military service and to be eligible for enlistment according to regulations.

3. A fine ranging from VND 50,000,000 to VND 75,000,000 shall be imposed for failing to comply with the order to enlist, except for the cases specified in Clauses 1 and 2 of this Article.

4. Remedial measures: Forcible performance of military service for those who commit acts of violation specified in Clauses 1, 2 and 3 of this Article.

According to Clause 2, Article 3 of Decree 120/2013/ND-CP, as amended by Clause 6, Article 1 of Decree 37/2022/ND-CP, the fine levels are as follows:

2. Fine levels for administrative violations specified in Sections 1, 2, 3, 5, 6, 7 and 8 Chapter II; Section 1, Chapter III of this Decree applies to administrative violations committed by individuals; except for violations specified in Article 9; Clause 3 Article 11; Clause 2, Clause 3, Article 12; Clause 1, Clause 2 Article 15; Article 16; Article 17 and Article 21 are the fines applicable to organizations. In case an organization commits violations like an individual, the fine level is twice the fine level imposed on individuals.

The "legitimate reason" in the above Clause is guided by Article 5 of Circular 95/2014/TT-BQP as follows:

1. “legitimate reason” mentioned in Clause 1 Article 5, Clause 1 Article 6, Clause 1 Article 7, Clause 1 Article 11 and Clause 1 Article 12 of Decree No. 120/2013/ND-CP refers to any of the following reasons:

a) The person required to participate in preliminary selection for conscription, health examination for conscription or health examination for reserve serviceman selection; or comply with the enlistment order, call to reserve serviceman training or call to training, drilling and mobilization and fighting readiness assessment (hereinafter referred to as “conscripted person") falls ill or falls ill or has an accident on the way.

b) A family member of the conscripted person, namely biological mother or father, father-in-law or mother-in-law, legal guardian, spouse, biological child or legally adopted child, is critically ill.

c) A family member of the conscripted person, namely biological mother or father, father-in-law or mother-in-law, legal guardian, spouse, biological child or legally adopted child, is deceased but the funeral has not taken place.

d) The house of the conscripted person or a family member of the conscripted person is located in an area struck by a natural disaster, epidemic or fire and their daily life is affected.

dd) The conscripted person has not received the written call to preliminary selection for conscription, health examination for conscription or health examination for reserve serviceman selection; enlistment order, call to reserve serviceman training or call to training, drilling and mobilization and fighting readiness assessment due to a mistake by the competent person or authority or obstruction caused by another person according to regulations in Article 8 Chapter II herein.

2. The cases provided for in Point a and Point b Clause 1 herein must be confirmed by the commune-level People's Committee or commune-level hospital or health station; the cases provided for in Point c and Point d Clause 1 herein must be confirmed by the commune-level People's Committee; the case provided for in Point dd Clause 1 herein must be confirmed by the competent authority.

Thus, if you overslept so you do not arrive on time as stated in the enlistment order is not considered a legitimate reason, so you will be fined from VND 30,000,000 to VND 40,000,000 and forced to perform military service in Vietnam. 

Is failure to be present at the assembling time to perform military service postponed from conscription 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 Militia and Self-Defense Law, it provides for the postponement of 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 this Article, the act of being late to the assembling time stated in the enlistment order is not subject to the regulations to postpone the military service. Accordingly, except for the cases specified above, you will not be allowed to postpone your military service if you have received a enlistment order in Vietnam.

Best regards!