What is time limit for pre-enlistment check-up for military service in Vietnam?

What is time limit for pre-enlistment check-up for military service in Vietnam?

Recently, we have received a lot of questions about when is the military service exam for the 2020 enlistment? We send you the following advice for your convenience.

Reply: 

According to the Military Service Law 2015, there are provisions:

The pre-enlistment check-up shall be conducted from November 01^st to December 31^st of every year. Time of the second pre-enlistment check-up shall be according to the regulations in Article 33 of this Law and decided by the Prime Minister.

Based on the cited regulations in Vietnam, the time for pre-enlistment check-up for the 2020 is from November 01^st to December 31^st, 2019 (Usually depending on the region will arrange each different time but will be in the above time).

Article 33. Time of conscription and performance of military service in the People’s Police force

Annually, citizens shall be conscripted and requested to perform military service in People’s Army or People’s Police in February or March; in case of necessity for defense purposes, the conscription shall be carried out the second time. Regarding areas with disaster or dangerous epidemic, time for conscription and service in People’s Army or People’s Police shall be adjusted.

According to the cited regulations in Vietnam, the enlistment time in 2020 will be in February or March of 2020. For localities with disasters or dangerous epidemics, the time for enlistment will be adjusted.

Citizens are called up for military service when they fully meet the age, cultural, political, and health standards specified in Circular 148/2018/TT-BQP. As follows:

1. Age:

a) Citizens from the age of 18 to under 26.

b) Graduate male citizen who enters university or college and postpones conscription for a training course of a level will be drafted until he turns 28.

2. Political requirements:

a) Comply with Joint Circular No. 50/2016/TTLT-BQP-BCA dated April 15, 2016 of the Minister of National Defense – the Minister of Public Security on provisions for political requirements for conscripting citizens into the Vietnamese People’s Army.

b) Drafting for crucial and classified agencies, units and positions in the Army; ceremonial battalion; professional National Guards and Military shall comply with regulations and law of the Ministry of National Defense.

3. Health requirements:

a) Draft citizens with health type 1, 2, 3 as specified in Joint Circular No. 16/2016/TTLT-BYT-BQP dated June 30, 2016 of the Minister of Health – the Minister of National Defense on provisions for pre-enlistment check-up.

b) Drafting for agencies, units and positions specified in Point b Clause 2 of this Article must ensure separate standards as regulated by the Ministry of National Defense.

c) Do not conscript citizens with health type 3 and eye disorders (1.5 dioptre myopia or higher, hypermetropia at all degrees); drug addicts, those contracted with HIV, AIDS.

4. Cultural requirements:

a) Draft citizens who finished 8^th grade or higher in descending order. In areas where the drafting quota cannot be guaranteed due to hardship, request the competent authorities to consider and decide to draft citizens who finished 7^th grade.

b) Communes in remote and isolated areas, in areas with economic - social hardships according to regulations and law; ethnic minorities below 10,000 people shall draft no more than 25% of the citizens who finished primary education and the citizens who finished lower secondary education are drafted to fill the rest.

Who has authority to decide on the number of citizens to be enlisted in the army in Vietnam?

I want to ask, in the commune, does the commune president have right to decide on the number of citizens to be enlisted into the army in their commune?

Reply:

Pursuant to Clause 5, Article 34 of the 2015 Law on Military Service, which stipulates competence in decision on request for conscription and service in People’s Army force.

5. Presidents of People’s Committees of districts shall make decision on assignment of citizens who shall be enlisted for service in People’s Army or People’s Police in communes and local organizations; give decision on lists of citizens subject to conscription and service in People’s Army or People’s Police at the request of Board of military service at the same level.

Thus, in the commune area in Vietnam, the commune president does not have the authority to assign the number of citizens to enlist in the army, but that authority belongs to the Presidents of People’s Committees of districts or Presidents of the People’s Committees of provinces.

Is there an exemption for people who are 26 years old and have an education level of 10/12 in Vietnam?

I went to work abroad when my contract expired and returned to Vietnam, I was 26 years old! If I have a 10/12 education, am I exempt from military service? Thank you.

Reply:

According to Article 30 of the 2015 Military Service Law, the age for calling up the army is as follows:

Citizens turning to 18 years old shall be conscripted into the army. Age subject to conscription is from 18 to under 26 years old. A citizen who enters university or college and postpones the conscription shall be subject to conscription until he/she turns to 28 years old.

According to Clause 2, Article 41 of the 2015 Law on Military Service, the following cases are exempted from conscription:

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;

Based on your inquiries: Education level 10/12 and you are currently 26 years old. These conditions represent your ineligibility and statutory enlistment age. So you won't have to do military service in Vietnam.

Best regards!