What is evasion of military service in Vietnam? If my criminal record has not been expunged, can I still register for military service in Vietnam?

What is evasion of military service in Vietnam?

What is evasion of military service? Hello everyone, I just received a call for medical examination for military service. However, I am currently working far away, so I plan not to return. I read the Criminal Code and saw that the prison regulations only apply to the case of evading military service, as I understand it, I went for a medical examination but did not go. Could you please let me know if I did not go for a medical examination, would that be considered evading military service? Thank you brothers and sisters?

Reply:

Pursuant to Article 3 of the 2015 Military Service Law, specific provisions on military service evasion are as follows:

...

8. Evasion of military service means the activity in which the citizens fail to comply with the order for registration for military service; order for pre-enlistment check-up; the call-up; the order for concentrated training, practicing or examination on readiness for mobilization/fighting.

Thus, based on the provisions of law, the act of evasion of military service here is understood in a broad sense to include all acts including:

+ Failure to comply with the order for registration for military service;

+ Failure to comply with order for pre-enlistment check-up;

+ Failure to comply with the call-up;

+ Failure to comply with the order for concentrated training, practicing or examination on readiness for mobilization/fighting.

Therefore, in your case, not returning to your hometown for a medical examination for military service is considered an act of evading military service. Depending on the specific case in Vietnam, this behavior may be subject to administrative sanctions or criminal prosecution according to the provisions of law.

What is evasion of military service in Vietnam? If my criminal record has not been expunged, can I still register for military service in Vietnam? (Image from the Internet)

Is there any penalty for self-destruction to avoid military service in Vietnam?

Is there any penalty for self-destruction to avoid military service? Because my brother wanted to avoid military service, he used a knife to cut off a knuckle of his index finger...I want to ask if my brother could be punished for doing so?

Reply:

Military service is the glory of citizen to serving in People’s Army. Military service is performed in the regular armed forces or in reserve forces of People’s Army. Based on your brother's behavior, this is a serious violation of the law on military service, specifically stipulated in Articles 59 of the 2015 Military Service Law, Article 332 of the 2015 Penal Code:

Article 59. Handling of violations

1. Any organizations/individuals that evades, opposes or obstructs the performance of military service shall be disciplined, incur administrative penalties or shall face criminal prosecution according to nature and severity of the violations.

2. If an active duty non-commissioned officer/enlisted soldier commits violations against the discipline or law provisions during the training/practice/examination on the readiness for mobilization/fighting, then he/she shall incur disciplinary measures, administrative penalties or criminal prosecution according to nature and severity of the violations; any damage shall be compensated according to the law provisions.

Article 332 of the 2015 Criminal Code stipulates:

1. Any person who fails to comply with regulations of law on conscription, defies an enlistment order or military training order despite the fact that he/she has incurred an administrative penalty or has an unspent conviction for the same offence shall face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 01 - 05 years' imprisonment:

a) The offender injures himself/herself to avoid conscription;

b) The offence is committed in wartime;

c) The offender drags another person into committing the offence.

So your brother's case is that he intentionally destroyed his body to avoid military service. This is a very serious case and can be prosecuted for criminal liability according to the law in Vietnam. We would like to inform you.

If my criminal record has not been expunged, can I still register for military service in Vietnam? 

If my criminal record has not been expunged, can I still register for military service in Vietnam? I've been arrested before. I have completed my prison sentence, but currently my criminal record has not been expunged. I want to join the military service. This year I just turned 17 years old. Please advise me if my criminal record has not been expunged, can I still register for military service? Sincerely thankyou very much!

Reply:

According to the provisions of Article 13 of the 2015 Military Service Law:

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.

The above are cases where military service registration is not allowed. As you stated above, you have completed your prison sentence for gambling but your criminal record has not been expunged. In your case, you will not be able to register for military service. After your criminal record is expunged, you will be registered for military service in Vietnam.

Best regards!