Are People with Epilepsy Exempt from Military Service?

Dear Lawyer,I would like to ask if a person suffering from epilepsy is exempt from military service.Thank you very much.caongocson****@gmail.com

According to Section III, Appendix 1 of Joint Circular 16/2016/TTLT-BYT-BQP, diseases that are exempt from military service registration and not admitted into regular military service include:

  1. Mental disorders (F20-F29);

2. Epilepsy G40;

  1. Parkinson's Disease G20;

  2. Blindness in one eye H54.4;

  3. Deafness H90;

  4. Sequelae of bone and joint tuberculosis B90.2;

  5. Sequelae of leprosy B92;

  6. Malignant diseases (malignant tumors, malignant blood diseases);

  7. HIV infection;

  8. Persons with severe and especially severe disabilities.

In addition, under Section 4, Part 2, Appendix 1 of Joint Circular 16/2016/TTLT-BYT-BQP, Epilepsy is rated as follows:

46 Epilepsy: Points
- Seizures have ceased (clinically and paraclinically) 5
- Major or minor seizures persist 6

According to Clause 4, Article 9 of Joint Circular 16/2016/TTLT-BYT-BQP, the health classification of citizens participating in military service health examinations is based on the points scored for 8 criteria recorded on the military service health examination form. To be specific:

- Type 1: All 8 criteria score 1 point;- Type 2: At least 1 criterion scores 2 points;- Type 3: At least 1 criterion scores 3 points;- Type 4: At least 1 criterion scores 4 points;- Type 5: At least 1 criterion scores 5 points;- Type 6: At least 1 criterion scores 6 points.

Moreover, according to the provisions of Circular 148/2018/TT-BQP, citizens are selected for military service when they meet the following health standards:

Health standards:

- Select citizens with health classifications 1, 2, and 3 according to the provisions of Joint Circular 16/2016/TTLT-BYT-BQP.- For agencies, units, and critical classified positions in the Army; the Honor Guard Forces, Ceremony; the Guard Forces, and professional Military Control; selection is based on separate standards prescribed by the Ministry of Defense.- Citizens with health classification 3 who have eye refractive errors (myopia of 1.5 diopters or more, hyperopia of any degree); drug addiction; and HIV or AIDS infection will not be recruited into the Army.

Thus, according to the above regulations, epilepsy is classified as health category 6. Furthermore, individuals with epilepsy are exempt from military service registration and not admitted into regular military service.

The above is our advisory opinion on your request.

Respectfully!

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