Can I still postpone my military service if I drop out of university in Vietnam?

Pursuant to Clause 1, Article 41 of the 2015 Military Service Law (amended by Point c, Clause 1, Article 49 of the 2019 Law on Militia and Self-Defense Force), it is stipulated that 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.

Thus, according to the above regulations in Vietnam, military service will only be postponed for those who are undergoing formal university training at a higher education institution. In your case, because you dropped out of school, you do not meet the above conditions. Therefore, if you do not fall into other cases as prescribed above, you will not be able to postpone your military service.

While studying for the 2nd high school graduation exam, can I postpone my military service in Vietnam?

Question: I'm currently studying for the high school graduation exam because I failed the exam last year. Can I postpone my military service?

Reply:

Pursuant to the provisions of Clause 1, Article 41 of the 2015 Military Service Law (amended by Point c, Clause 1, Article 49 of the 2019 Law on Militia and Self-Defense Force), it is stipulated that 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.

Thus, the law does not have regulations on postponing military service for people who are studying for the second high school graduation exam in Vietnam. Therefore, in your case, military service will not be postponed.

If my biological brother has completed his military service, can I postpone my military service in Vietnam?

Question: My brother just left the army and it's time for the locality to draw up a list to enlist. I would like to ask what the legal regulations are, if my biological brother has completed his Military Service, can I have my  Military Service postponed?

Reply:

Pursuant to Clause 1, Article 5 of Circular 148/2018/TT-BQP stipulates as follows:

The drafting postponement and exemption during peace time shall comply with Article 41 of the 2015 Law on Military Service. To be specific:

1. The following citizens shall have their conscription postponed:

a) Citizen whose health is unsatisfactory for active military service according to the conclusion of pre-enlistment check-up board.

b) Citizen being the only breadwinner who directly takes care of his relatives who lost working capacity or under working age; citizen being the only breadwinner in a family suffering serious damage to humans and property due to dangerous accidents, disasters, epidemics confirmed by the People’s Committees of the communes, wards, towns (hereinafter referred to as “communes”).

c) Citizen who is a child of sick soldiers, people infected with dioxin and suffering labor capacity reduction from 61% to 80%.

d) Citizen whose biological siblings is a non-commissioned officer/active duty enlisted soldier or a non-commissioned officer/enlisted soldier performing service in People’s Army.

dd) Citizen who subject to emigration or evacuation in the first 03 years to extremely disadvantaged communes according to the socio-economic development project of the State decided by the People's Committees of provinces or higher levels.

e) Citizen who is an official or a youth volunteer assigned to an extremely disadvantage socio-economic area according the law provisions.

g) Citizen who is studying at a compulsory education institution or receiving training or university level at a higher education institution or training of college level at a vocational education institution for a training course of a level.

Thus, the law only stipulates that having a sibling who is a non-commissioned officer or soldier serving on active duty; Non-commissioned officers and soldiers performing their duty to join the People's Public Security are entitled to a postponement, but it is not stipulated that once the older brother has completed his military service, the younger sibling will be postponed in Vietnam.

Best regards!