Which school cannot postpone military service in Vietnam? If I lose a finger, will I have to participate in the military service in Vietnam?

Which school cannot postpone military service in Vietnam? If I have back pain, can I be demobilized ahead of time in Vietnam? If I lose a finger, will I have to participate in the military service in Vietnam? 

Which school cannot postpone military service in Vietnam?

Which school cannot postpone military service? Let me ask, if I study at Hanoi Polytechnic College of Technology, will I be able to postpone my military service? Why does my commune say this school cannot postpone military service? Hope to receive answers from you. Thank you.

Reply:

According to the provisions of Point g, Clause 1, Article 41 of the 2015 Law on Military Service, there are provisions for cases of postponement of military service as follows: 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.

Hanoi Polytechnic College of Technology is a school belonging to a national vocational education facility, so students and trainees of this school are also eligible to postpone military service if they are studying at the regular college level.

Thus, it is not correct to say that Hanoi College of Polytechnic Technology cannot postpone military service. This case only depends on the student's training system. If it is not formal college training, military service cannot be postponed according to the provisions of this point in Vietnam.

Which school cannot postpone military service in Vietnam? If I lose a finger, will I have to participate in the military service in Vietnam? (Image from the Internet)

If I have back pain, can I be demobilized ahead of time in Vietnam?

If I have back pain, can I be demobilized ahead of time in Vietnam? I have been doing military service for nearly 1 year. For the past month, I have had back pain, which seems to be degenerative. I asked to go to the hospital, but the unit sent me to the clinic for examination and medicine. I'm in a lot of pain and want to demobilize before the deadline, is it possible?

Reply:

Article 43 of the 2015 Law on Military Service stipulates the conditions for demobilization as follows:

1. Any non-commissioned officers/enlisted soldiers who has performed the active duty military for the period of time specified in clauses 1 and 2 Article 21 of this Law shall be demobilized.

2. A non-commissioned officer/enlisted soldier may be demobilized before the regular date of demobilization in case the Medical Examination Council concludes that he/she does not have satisfactory health for continuing the active duty service or the cases specified in points b and c clause 1; points a, b and c clause 2 Article 41 of this Law.

Clause 3, Article 4, Circular 279/2017/TT-BQP guides: Non-commissioned officers and soldiers are demobilized from military service ahead of time when one of the following conditions exists:

The health assessment council from the division level and equivalent or higher or the medical assessment council at the competent level concludes that the health standards for active duty service are not met according to the provisions of Joint Circular No. 16/2016. /TTLT-BYT-BQP dated June 30, 2016 of the Minister of Health - Minister of National Defense regulating health examination for military service.

Thus, if you have back pain, you must be concluded by the Health Assessment Council at the division level or equivalent level or higher that you do not meet the health standards for active duty service. demobilized from the army ahead of time.

If I lose a finger, will I have to participate in the military service in Vietnam? 

If I lose a finger, will I have to participate in the military service in Vietnam? Please ask. Does a hand with a missing finger meet the conditions for military service? Hope to receive a response soon.

Reply:

According to the provisions of Article 41 of the 2015 Law on Military Service, regulations on postponement and exemption from conscription:

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;

...

And Clause 3, Article 4 of Circular 148/2018/TT-BQP, has regulations on health requirements when drafting as follows:

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.

In Clause 4, Article 9 of Joint Circular 16/2016/TTLT-BYT-BQP: Health classification is calculated as follows:

Based on the score for 8 indicators recorded in the military service health card to classify, specifically as follows:

a) Type 1: 8 indicators all score 1;

b) Type 2: There is at least 1 indicator with a score of 2;

c) Type 3: There is at least 1 indicator with a score of 3;

d) Type 4: There is at least 1 indicator with a score of 4;

According to Appendix 1: Classification of health according to physical strength and diseases issued together with Joint Circular 16/2016/TTLT-BYT-BQP:

+ Loss of 1 thumb of the hand: score 5

+ Loss of 1 big toe of the foot: score 5

+ Loss of 1 index finger of the right hand: score 5

+ Loss of another finger of the hand or foot: score 4

Thus, based on the above regulations in Vietnam, when losing a finger, it will be classified as health type 5 or type 4. But according to current regulations, citizens with health types 1, 2, 3 will be called. So if you lose a finger on a hand you are not eligible to participate in civil service.

Best regards!

Related Posts
LawNet
What is the Detailed list of 20 Regional Customs Sub-Departments in Vietnam from March 1, 2025?
LawNet
What is the List of 35 regional social security offices in Vietnam from March 1, 2025?
LawNet
What is the organizational structure of the Ministry of Industry and Trade of Vietnam from March 1, 2025?
LawNet
What is the latest form for evaluation and quality classification of officials in Vietnam in 2025?
LawNet
What is the latest form for evaluation and quality classification of public employees in Vietnam in 2025?
LawNet
Has the Law on Promulgation of Legislative Documents in 2025 in Vietnam been issued?
LawNet
Decree 37/2025/ND-CP stipulating the functions, tasks, powers, and organizational structure of the Ministry of Education and Training of Vietnam
LawNet
Decree No. 36/2025/ND-CP stipulating the functions, tasks, powers, and organizational structure of the Office of the Government of Vietnam
LawNet
Decree 39/2025/ND-CP on the powers and organizational structure of the Ministry of Justice of Vietnam
LawNet
Official: Law on Organization of Local Governments in 2025 in Vietnam
Lượt xem: 0
Latest Post

Đơn vị chủ quản: Công ty THƯ VIỆN PHÁP LUẬT.
Chịu trách nhiệm chính: Ông Bùi Tường Vũ - Số điện thoại liên hệ: 028 3935 2079
P.702A , Centre Point, 106 Nguyễn Văn Trỗi, P.8, Q. Phú Nhuận, TP. HCM;