If I have disc herniation, what health type do I get when I go to pre-enlistment check-up in Vietnam?

If I have disc herniation, what health type do I get when I go to pre-enlistment check-up in Vietnam?

At Section 60, Subsection 4, Section II, Appendix 1 Classification of health according to physical strength and diseases issued together with Joint Circular 16/2016/TTLT-BYT-BQP stipulates neurological and mental diseases as follows: 

Thus, according to the above regulations in Vietnam, disc herniation will be divided into 3 levels:

- Light degree is in health category 4;

- Moderate is health category 5;

- The Heaviness level is under health category 6.

However, in order to know exactly what kind of health you are when suffering from a disc herniation, you should go to the military service to be concluded by the Medical Examination Council in Vietnam.

Do I have to perform military service if I have disc herniation in Vietnam?

According to Point a, Clause 3, Article 4 of Circular 148/2018/TT-BQP stipulating the following health standards:

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.

Pursuant to Clause 1, Article 41 of the 2015 Law on Military Service, which is supplemented by Point c, Clause 1, Article 49 of the 2019 Law on Militia and Self-Defense, stipulates 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;

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.

Therefore, according to the above analysis in Vietnam, those with disc herniation will be in health category 4, 5, 6 (depending on the level) and the health standard for recruitment is to recruit citizens with health type 1, 2, 3. Accordingly, you may be temporarily postponed from military service because you are not healthy enough to serve in the army.

What is administrative penalty for avoiding military service in Vietnam?

In Clause 1 and Point a, Clause 3, Article 6 of Decree 120/2013/ND-CP as amended by Clause 8, Article 1 of Decree 37/2022/ND-CP, it provides for 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 failing to show up in time or place for medical examination and health check-up stated in the Commanding Officer's order for health check-up or medical examination for military service of the Commander of the District Military Command in accordance with 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 health classification in order to avoid military service;

According to Article 5 of Circular 95/2014/TT-BQP stipulating “legitimate reason” mentioned in Clause 1 Article 5, Clause 1 Article 6, Clause 1 Article 7, Clause 1 Article 11 and Clause 1 Article 12 of Decree No. 120/2013/ND-CP as follows:

1. “legitimate reason” mentioned in Clause 1 Article 5, Clause 1 Article 6, Clause 1 Article 7, Clause 1 Article 11 and Clause 1 Article 12 of Decree No. 120/2013/ND-CP refers to any of the following reasons:

a) The person required to participate in preliminary selection for conscription, health examination for conscription or health examination for reserve serviceman selection; or comply with the enlistment order, call to reserve serviceman training or call to training, drilling and mobilization and fighting readiness assessment (hereinafter referred to as “conscripted person") falls ill or falls ill or has an accident on the way.

b) A family member of the conscripted person, namely biological mother or father, father-in-law or mother-in-law, legal guardian, spouse, biological child or legally adopted child, is critically ill.

c) A family member of the conscripted person, namely biological mother or father, father-in-law or mother-in-law, legal guardian, spouse, biological child or legally adopted child, is deceased but the funeral has not taken place.

d) The house of the conscripted person or a family member of the conscripted person is located in an area struck by a natural disaster, epidemic or fire and their daily life is affected.

dd) The conscripted person has not received the written call to preliminary selection for conscription, health examination for conscription or health examination for reserve serviceman selection; enlistment order, call to reserve serviceman training or call to training, drilling and mobilization and fighting readiness assessment due to a mistake by the competent person or authority or obstruction caused by another person according to regulations in Article 8 Chapter II herein.

2. The cases provided for in Point a and Point b Clause 1 herein must be confirmed by the commune-level People's Committee or commune-level hospital or health station; the cases provided for in Point c and Point d Clause 1 herein must be confirmed by the commune-level People's Committee; the case provided for in Point dd Clause 1 herein must be confirmed by the competent authority.

Thus, if you avoid the pre-enlistment check-up without a valid reason (the legitimate reasons have been mentioned above), you will be fined from VND 10,000,000 to VND 12,000,000. In addition, you are required to undergo a pre-enlistment check-up as planned by the Military Service Council in Vietnam.

Best regards!