Is it possible to postpone the military service while in subject debt in Vietnam?

Is it possible to postpone the military service while in subject debt in Vietnam?

I am 21 years old this year, a 4th year university student. According to the student card, my regular university program is from 2019 to 2023, so if I have not completed the study program by 2023 because I have a debt and have not graduated, I still have to pay the tuition fee and continue to study at the university, will I be called to join military service or be allowed to study until graduation? Please advise. Sincere thanks!

Reply:

Pursuant to Point g, Clause 1, Article 41 of the 2015 Law on Military Service, provisions on postponement and exemption from conscription are as follows:

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.

Thus, in case you are receiving full-time undergraduate training under a higher education institution during a training course of a training level, you will be postponed from military service. According to you, your training course is from 2019 to 2023, because you still owe some subjects, you have to re-study and are not eligible to graduate in Vietnam.

Pursuant to Clause 1, Article 5 of Circular 148/2018/TT-BQP stipulating drafting postponement and exemption 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.

Therefore, citizens are only allowed to postpone their enlistment in the first concentration course, in case they continue to study in other courses, they are not allowed to postpone their enlistment. The duration of a concentrated training course is counted from the date the school specified attendance (inscribed in the admission notice) to the completion of the course. In your case, you are allowed to postpone your enlistment while studying at university from 2017 to 2023 in Vietnam.

If you have not completed your course (have not graduated) by 2023, you are entitled to postponement of enlistment, however if you voluntarily leave or stop studying for a continuous period of six months or more without reason legitimately, you are not allowed to postpone your enlistment anymore. If you no longer have a valid reason to postpone your enlistment, you will be called up every year in Vietnam.

If I join the police service, will my brother be called up for military service in Vietnam?

I am currently a soldier performing duty in the People's Police. But the district sent an invitation to participate in the medical examination for military service at the same time to both brothers in my family. So, is it in accordance with the regulations and are my two brothers exempt from military service?

Reply:

Pursuant to the provisions in Clause 1, Article 41 of the 2015 Law on Military Service, supplemented by Point c, Clause 1, Article 49 of the 2019 Law on Militia and Self-Defense, if a citizen has an older brother to serve in the police service, he/she is not exempt from military service.

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.

However, Point d, Clause 1, Article 41 of the 2015 Law on Military Service determines that 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.

The problem is that the district military command still calls your brothers to participate in the medical examination in accordance with the law because your brothers are still at the age of military service in Vietnam.

When your brothers are subject to military service postponement, they need to send an application for military service postponement and proof of citizenship subject to military service postponement to the People's Committee of the commune where permanent residence is registered for settlement in Vietnam.

Can vocational school students be postponed from military service in Vietnam?

I am currently studying at a vocational school in Phu Yen province. My family has just received a medical examination certificate. May I ask if my case of going to vocational school can be postponed from military service? Please advise.

Reply:

Article 30 of the 2015 Law on Military Service stipulates age subject to conscription 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 the provisions of Point g, Clause 1, Article 5 of Circular 148/2018/TT-BQP, then:

1. The following citizens shall have their conscription postponed:

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.

According to the above regulations in Vietnam, citizens who are full 18 years old can be called up for military service; The age for enlistment is from full 18 years old to the end of 25 years old. If you are a vocational school student, you are not eligible for a postponement of the performance of your obligations. Therefore, when the local requires a medical examination for military service, you must strictly comply.

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