Does the sanction of receiving mandatory educational services at communities, wards or towns apply to persons aged 18 years or older in Vietnam?

Does the sanction of receiving mandatory educational services at communities, wards or towns apply to persons aged 18 years or older in Vietnam?

Pursuant to Clause 46, Article 1 of the 2020 Law on Handling of Administrative Violations, has the following provisions:

1. Persons aged between 12 years and under 14 years who commit acts suspected to be very serious intentional crimes defined in the Penal Code.

2. Persons aged between 14 years and under 16 years who commit acts suspected to be serious intentional crimes defined in the Penal Code.

3. Persons aged between 14 years and under 16 years who have been administratively sanctioned twice, and on whom an administrative violation record is issued at the third attempt within 06 months, for one of the acts of causing public disorder, property theft, gambling, fraud or illegal racing.

4. Persons aged between 16 years and under 18 years who have been administratively sanctioned twice, and on whom a administrative violation record is issued at the third attempt within 06 months, for one of the acts, such as offending the dignity and honor of other persons; injuring or harming the health of other persons; illegally seizing, destroying or intentionally damaging the property of other persons; causing public disorder; property theft; gambling; fraud; illegal racing, which are not treated as crimes.

5. Persons aged 14 years or older who have been administratively sanctioned twice, and on whom a administrative violation record is issued at the third attempt within 06 months, for the act of illegally using narcotic substances.

6. Persons aged 18 years or older who have been administratively sanctioned twice, and on whom a administrative violation record is issued at the third attempt within 06 months, for one of the acts, such as offending the dignity and honor of other persons; injuring or harming the health of other persons; illegally seizing, destroying or intentionally damaging the property of other persons; causing public disorder; property theft; gambling; fraud; illegal racing; mistreating or torturing grandparents, parents, spouses, children, grandchildren or fosterers, which are not treated as crimes.

7. Persons defined in clauses 1, 2, 3, 4, and persons aged between 14 years and under 18 years specified in clause 1 of this Article, who do not have stable residences shall be referred to social protection establishments or child support establishments to put them under control and have them educated during the period of implementation of the measure of rendering compulsory educational services at communes, wards or towns.

If a person aged 18 years or older that is covered by clause 5 of this Article does not have a stable residence, he/she shall be referred to the People's Committee of the commune where he/she is found illegally using narcotics at the third attempt to put him/her under control.

Thus, according to the above regulationsin Vietnam, people who are full 18 years old can still apply the sanction of receiving mandatory educational services at communities, wards or towns on whom a administrative violation record is issued at the third attempt within 06 months, for one of the acts.

If the sanction of receiving mandatory educational services at communities, wards or towns is applied, can I register for military service in Vietnam?

Pursuant to Article 13 of the Law on Military Service 2015 stipulates entities must not register for military service as follows:

1. Citizens in any of the following cases must not register for military service:

a) Any citizen who is facing criminal prosecution; serving the prison sentence, non-custodial re-education, bearing surveillance or citizen who has carried out the prison sentence but without expunging of criminal record;

b) Any citizen who is bearing education at communes or is being at reform school, compulsory re-education schools, compulsory detoxification centers;

c) Any citizen whose right to serve in People’s armed forces is revoked.

2. When the duration of measures specified in clause 1 of this Article expired, the citizen may register for military service.

According to this Article, a person who is subject to the sanction of receiving mandatory educational services at communities, wards or towns is not allowed to register for military service, which means you will not be able to participate in military service in Vietnam.

Best Regards!