Is my brother currently serving in the military subject to military conscription?

If my brother is currently enlisted, do I have to participate in military service?

Based on Clause 1, Article 41 of the 2015 Law on Military Service, supplemented by Article 49 of the 2019 Law on Militia and Self-Defense, the cases eligible for a temporary deferment from military service are as follows:

- Not physically fit for active duty as concluded by the Health Examination Council;

- The sole laborer directly supporting family members who are incapable of working or are not of working age; families seriously affected by accidents, natural disasters, or dangerous epidemics, as confirmed by the Commune People's Committee;

- A single child of a war invalid or a person exposed to Agent Orange with a work capacity reduction of 61% to 80%;

- Having a brother or sister who is a non-commissioned officer, soldier serving on active duty; non-commissioned officer, soldier performing duty in the People's Public Security;

- People belonging to resettlement programs or population dispersion programs moving to particularly difficult socio-economic communes within the first three years, under the State's socio-economic development projects as decided by the Provincial People's Committee or higher;

- Officials and public employees, youth volunteers assigned to work in areas with especially difficult socio-economic conditions as prescribed by law;

- Currently studying at secondary education institutions; enrolled in full-time university programs at higher education institutions, full-time college programs at vocational education institutions during one training period of a level of training.

- Full-time militia member.

According to these regulations, if you have a brother or sister who is a non-commissioned officer or soldier serving on active duty, you are eligible for a temporary deferment from military service until your brother finishes his military service and is discharged. However, if you volunteer for military service, you will be considered for enlistment even if your brother has not yet been discharged.

Cases exempt from military service

According to Clause 2 of this Article, the following citizens are exempt from conscription:

- Children of martyrs, children of first-class war invalids;

- One brother or sister of a martyr;

- One child of a second-class war invalid; one child of an invalid with a work capacity reduction of 81% or more; one child of a person exposed to Agent Orange with a work capacity reduction of 81% or more;

- People working in cipher work who are not military personnel or in the People's Public Security;

- Officials and public employees, youth volunteers assigned to work in areas with especially difficult socio-economic conditions as prescribed by law for 24 months or more.

Sincerely!