According to the law in Vietnam, is it necessary to take medical examination for military service after having a check-up at a hospital?

According to the law in Vietnam, is it necessary to take medical examination for military service after having a check-up at a hospital?

After the check-up at the hospital, the doctor said I had an inguinal hernia and got a medical certificate. Do I need to show up at the medical examination for military service?

Answer:

Pursuant to Clasue 8 Article 3 of the Law on Military Service in 2015, 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.

Pursuant to Clause 8 Article 1 of the Decree 37/2022/NĐ-CP stipulating as follows:

Article 6. Violations against regulations on medical examination and examination for performance of military service

1. A fine ranging from VND 10,000,000 to VND 12,000,000 shall be imposed for not being present at the time or place for medical examination and examination stated in the inspection or medical examination of military service of the commander of the district-level military command in accordance with the Law on Military Service without a legitimate reason.

2. A fine ranging from VND 12,000,000 to VND 15,000,000 shall be imposed for intentionally refusing to receive the call for medical examination and medical examination for military service from the Commander of the district-level Military Command according to the provisions of the Law on Military Service without a legitimate reason.

3. A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for one of the following acts:

a) The person receiving the medical examination commits fraudulent acts to falsify the results of his/her health classification in order to evade military service;

b) Giving money, property, or other material benefits worth less than 2,000,000 VND to medical staff
or others to falsify the results of the health classification of the person being examined or the person receiving medical examination for military service in order to evade military service.

4. A fine ranging from VND 25,000,000 to VND 35,000,000 shall be imposed for failing to comply with orders for medical examination and examination for military service.

As regulations above, although you have already had a check-up at the hospital, you still have to show up at the medical examination for military service as in the summon. If you fail to show up, you shall be fined for evasion of military service.

Therefore, you can submit the medical certificate proving that you are suffered from inguinal hernia to the Health Examination Council for Military Service for consideration.

Is it permissible for a single child to be exempt from military service in Vietnam?

I am the single child of my family. Do I have to join the military service in Vietnam? Thank you!

Answer:

Pursuant to Article 41 of the Law on Military Service in 2015 (amended by Clause 1.c Article 49 of the Law on Militia and Self-defense Forces in 2019) stipulating postponement and exemption from 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.

As regulations above, citizens at the age for military service, regardless of ethnics, sectors, faiths, religions, education levels, occupations or residences, shall complete the military service according to the regulations of the law. You are the single child of the family, which is not a case of postponement or exemption from military service according to the Law on Military Service in 2015. If you satisfy requirements on age, politics, health, you have to join the military service.

Is it permissible to get married during military service in Vietnam?

My boyfriend is 23 years old and currently serving in the military. Soon, he will come home and visit me. I want him and me to register our marriage at that time. Then, when he gets discharged, we'll get married. I don't know if I can get married when my boyfriend is joining the military? Thank you!

Answer:

Pursuant to Article 10 of the Law on Military Service in 2015 stipulating prohibited acts as follows:

- Evasion of military service.

- Opposition, obstacle to the performance of military service.

- Deceitfulness in pre-enlistment medical check-up.

- Misuse of power to commit violation against the regulations on military service.

- Use of non-commissioned officers and/or enlisted soldiers unconformably to the provisions of laws.

- Offence to non-commissioned officers and/or enlisted soldiers.

There is no regulations prohibiting people from getting married when they are serving military service.

Pursuant to Article 5 of the Law on Marriage and Family in 2014 stipulating protection of the marriage and family regime as follows:

- Sham marriage or sham divorce;

- Underage marriage, forcing a person into marriage, deceiving a person into marriage, obstructing marriage;

- A married person getting married to or cohabitating as husband and wife with another person, or an unmarried person getting married to or cohabitating as husband and wife with a married person;

- Getting married or cohabitating as husband and wife between people of the same direct blood line; relatives within three generations; adoptive parent and adopted child; or former adoptive parent and adopted child, father-in-law and daughter-in-law, mother-in-law and son-in-law, or stepparent and stepchild;

- Demanding property in marriage;

- Forcing a person into divorce; deceiving a person into divorce; obstructing divorce;

- Giving birth with assisted reproductive technology for commercial purpose, commercial gestational surrogacy, prenatal sex selection, cloning;

- Domestic violence;

- Taking advantage of marriage and family rights for human trafficking, labor exploitation or sexual abuse or committing another act for self-seeking purposes.

Pursuant to Article 8 of the Law on Marriage and Family in 2014 stipulating conditions for getting married as follows:

- The man is full 20 years or older, the woman is full 18 years or older;

- The marriage is voluntarily decided by the man and woman;

- The man and woman do not lose the civil act capacity;

-  The marriage does not fall into one of the cases of prohibition from getting married.

Therefore, according to the above provisions, people who are participating in military service can register their marriage. If you and your lover fully meet the conditions for marriage registration, you can apply for marriage registration at the commune-level People's Committee.

Best regards!