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Legal Counselling IN HANOI, VIETNAM

Distinguishing Military Service, Public Security Service, and Militia and Self-Defense Forces Duties in Vietnam

Military service, public security service, and militia and self-defense force duty in Vietnam are three issues of great interest to many people during each recruitment period. However, many still do not fully understand whether citizens can choose to perform one of these three duties. The article below will help readers understand and clarify these concerns.

Criteria Military Service Public Security Service Militia and Self-Defense Forces
Definition - It is the honorable duty of citizens serving in the People's Army. Military service includes active service and service in the reserve force of the People's Army.


(Clause 1 Article 4 Military Service Law 2015)		 - It is the duty to protect the Fatherland in the people's armed forces.


(Clause 1 Article 8 Law on People's Police 2014)		 - It is the force protecting the Communist Party, the government, the lives and property of the people and the state, spearheading the fight against invaders at local levels when there is war.


(Article 3 Law on Self-Defense Militia 2009)
Legal Basis - Military Service Law 2015


- Decree 27/2016/ND-CP stipulating policies for non-commissioned officers and soldiers serving on active duty, discharged, and their family members


- Circular 140/2015/TT-BQP on the selection and conscription of citizens issued by the Minister of Defense


- Inter-ministerial Circular 16/2016/TTLT-BYT-BQP on health examination for the performance of military service issued by the Minister of Health and Minister of Defense		 - Law on People's Police 2014


- Decree 129/2015/ND-CP stipulating the performance of duty in the People's Police


- Decree 103/2015/ND-CP detailing and providing measures for implementing certain provisions of the Law on People's Police		 - Law on Self-Defense Militia 2009
Age Participation - From 18 to the end of 25 years.
- Up to 27 years for citizens who have received college or university education and have had their enlistment postponed.


(Article 30 Military Service Law 2015)		 - From 18 to the end of 27 years. (Male citizens within the enlistment age have registered for military service as per the Military Service Law. Female citizens within the enlistment age have registered for military service, have suitable professional qualifications as required by the People's Police, and are voluntarily considered if the People's Police have a need.)


(Clause 1 Article 4 Decree 129/2015/ND-CP)		 - Male citizens: from 18 to the end of 45 years


- Female citizens from 18 to the end of 40 years have the duty to participate in the self-defense militia;


- If voluntarily participating in the self-defense militia, it can be up to 50 years for males and up to 45 years for females.


(Article 9 Law on Self-Defense Militia 2009)
Service Duration - 24 months


(Clause 1 Article 21 Military Service Law 2015)		 - 3 years


(Clause 1 Article 8 Law on People's Police 2014)		 - 4 years


(Clause 1 Article 10 Law on Self-Defense Militia 2009)
Health Examination - Health check-up period from November 1 to December 31 annually


(Clause 4 Article 40 Military Service Law 2015)		 - Health check-up period from November 1 to December 31 annually


(Clause 4 Article 40 Military Service Law 2015)		 - For the self-defense militia, health standards must be met. However, there is no specific regulation regarding health check-up time and procedures for the self-defense militia.
Selection Criteria 1. Age:

- Citizens aged 18 to 25 years.


- Male citizens who have received college or university education and have had their enlistment postponed can be selected for enlistment up to 27 years.

2. Political Standards:

- Implemented according to regulations of the Ministry of Defense and Ministry of Public Security on political standards in selecting citizens for service in the Army.


- For key, confidential agencies and units, and professional military police units, selection is carried out according to regulations of the Ministry of Defense on key, confidential agencies and positions in the Army.

3. Health Standards:

- Select citizens who are classified as having health category 1, 2, 3 as per regulations of the Ministry of Health and Ministry of Defense on health standards for military service.


- For units mentioned in Point b, Clause 2 of this Article, selection is carried out according to specific standards set by the Ministry of Defense.


- Do not enlist citizens with health category 3 who have refractive errors (1.5 diopters or more of myopia, any degree of hypermetropia); drug addicts, HIV/AIDS sufferers.

4. Education Standards:

- Select and conscript citizens who have at least 8th grade education, prioritized from highest to lowest. In difficult areas not meeting the conscription quota, authorities may consider selecting citizens with 7th grade education.


- In remote, disadvantaged areas, and ethnic minority areas with populations under 10,000, 20%-25% of conscripts may have primary education, the remainder must have at least lower secondary education.


(Article 4 Circular 140/2015/TT-BQP)		 - Clear background.


- Strictly adhering to the policies of the Communist Party, laws of the State; without criminal record, not under investigation, detention, not under education at commune, ward, commune-level town, or in a compulsory treatment or education center; having good moral character, trusted by the community where they live or study.


- Meeting the political standards of police officers as per regulations by the Minister of Public Security.


- High school graduation. In mountainous, island, and ethnic minority areas, or areas with particularly difficult socio-economic conditions, graduates of lower secondary education can be recruited. Preference is given to citizens with higher education degrees necessary for police work.


- Physically fit, no deformities, and meeting health standards to serve in the People's Police per regulations by the Minister of Public Security.


(Article 5 Decree 129/2015/ND-CP)		 - Clear background;


- Adhering well to the policies of the Communist Party, and laws of the State;


- Physically fit to perform self-defense militia duty.


(Clause 1 Article 11 Law on Self-Defense Militia 2009)
Postponement Cases - Not healthy enough for active duty as concluded by the Health Examination Council;


- The only laborer directly supporting dependents unable to work or under working age; in families severely damaged by accidents, natural disasters, dangerous epidemics, certified by the commune-level People's Committee;


- A child of a war invalid, affected by Agent Orange with a reduced working capacity from 61% to 80%;


- Having a sibling who is a non-commissioned officer or soldier on active duty; non-commissioned officers, soldiers performing police service duty;


- People relocating within the first 3 years to specially difficult communes as part of socio-economic development projects decided by provincial-level People's Committees or higher;


- Officials and public employees, youth volunteers assigned to work in particularly difficult socio-economic areas as per regulations;


- Studying at secondary education institutions; pursuing full-time university education under the formal education system at higher education institutions, or full-time college education under the formal education system at vocational education institutions during one training course.


(Clause 1 Article 41 Military Service Law 2015, Clause 1 Article 5 Circular 140/2015/TT-BQP)		 - Not regulated - Women pregnant or raising children under 36 months old;


- Not healthy enough as concluded by a healthcare facility from the commune level or higher;


- Having a husband or wife who is an officer, professional soldier, non-commissioned officer, soldier serving in the People's Army or People's Police;


- The main laborer solely supporting a poor household;


- Studying at secondary schools, professional secondary schools, vocational secondary schools, colleges, vocational colleges, universities, and academies.


(Clause 1 Article 12 Law on Self-Defense Militia 2009)
Exemption Cases - Not meeting health standards: Belonging to 10 specific diseases exempting from conscription; classified as health category 4, 5, 6; classified as health category 3 with myopia from 1.5 degrees or more and/or hypermetropia; drug addicts;


- A child of a martyr, a child of a first-degree war invalid;


- One sibling of a martyr;


- One child of a second-degree war invalid; one child of a person with a working capacity reduction of 81% or more due to exposure to Agent Orange;


- Persons engaged in cipher work who are not soldiers, People's Police;


- Officials and public employees, youth volunteers assigned to work in particularly difficult socio-economic areas as per regulations for 24 months or more.


(Clause 2 Article 41 Military Service Law 2015, Clause 2 Article 5 Circular 140/2015/TT-BQP)		 - Not regulated - Spouses, children of martyrs; spouses, children of first-degree war invalids, or first-degree invalids; spouses, children of persons exposed to Agent Orange/dioxin unable to work;


- Reserve soldiers already categorized into mobilization reserve units;


- Persons directly caring for dependents with a reduction in working capacity of 81% or more.


(Clause 2 Article 12 Law on Self-Defense Militia 2009)
Regimes - During military service registration, health check-up:


+ Citizens working at agencies, organizations during the registration and health check-up period for military service are fully paid their salary, travel expenses, and received current allowances.


+ Citizens coming for military service registration, health check-up are provided with food, accommodation during the registration, health check-up period, and travel expenses.


(Article 49 Military Service Law 2015, specified at Article 11, Article 12, Article 13 Decree 13/2016/ND-CP)


- In the active service:


+ Provided promptly, adequately, and appropriately with food, clothing, medicine for disease prevention and treatment; accommodation, monthly allowances, essential items, cultural and mental needs suitable for the army's nature of duty; provided with regimes during holidays, Tet; provided healthcare when injured, sick, or in accident as per regulations;


+ From the thirteenth month onwards, granted leave according to regimes; other exceptional leave cases as stipulated by the Minister of Defense;


+ From the twenty-fifth month onwards, additional 250% monthly salary allowance applicable;


+ Counted as family members for allocating or adjusting housing and residential land area, and farming land;


+ Counted service duration into working time;


+ Privileged in postal charges;


+ Commended for achievements in combat, duty, training as per regulations;


+ In case of injury or sickness during duty, receiving preferential regimes as per regulations;


+ Provided with social insurance benefits and health insurance as per Social Insurance Law, Health Insurance Law;


+ Deferred and non-interest loans from the Social Policy Bank for previously enlisted poor household members, students as per regulations;


+ Prioritized in military enrollment.


(Clause 1 Article 50 Military Service Law 2015 and specified at Article 3, Article 4, Article 5 Decree 27/2016/ND-CP)


- Upon discharge:


+ Provided travel expenses, road allowances, discharge allowance;


+ Before enlistment, having been studying or accepted into study at vocational education institutions, higher education institutions, allowed to retain academic results, and re-enter the respective schools;


+ Granted job-finding allowance;


+ Before enlistment, having been working at state agencies, political organizations, political-social organizations; upon discharge, these agencies must re-accept, allocate work, and ensure income is not lower than pre-enlistment; in case these agencies have dissolved, the immediate superior agency must arrange suitable work;


+ Before enlistment, having been working at economic organizations; upon discharge, these organizations must re-accept, allocate work, and ensure corresponding work and salary to pre-enlistment; if the economic organization has ceased operations, dissolved, or gone bankrupt, policies for discharged non-commissioned officers and soldiers are implemented as per law;


+ Provided social insurance benefits per Social Insurance Law;


+ For non-commissioned officers, soldiers discharged per Clause 1 Article 43 and Clause 1 Article 48 of this Law, upon returning to the locality, local authorities, agencies, organizations must prioritize job arrangement and add points in enrollment, recruitment of officials and public employees; during probation period, receiving 100% salary and allowances as per hiring level corresponding to education degree.

(Clause 3, Article 50 of the 2015 Military Service Law and specifically guided in Article 7 of Decree 27/2016/ND-CP)

 

- For immediate family members of non-commissioned officers and soldiers in active service:

- Parents; parents-in-law; legal guardians; spouse; biological children, and legally adopted children of non-commissioned officers and soldiers in active service are entitled to health insurance benefits as prescribed by the Law on Health Insurance, and hardship allowances ensured by the state budget;

- Biological children and legally adopted children of non-commissioned officers and soldiers in active service are exempted from or have reduced tuition fees when studying at public and non-public primary and secondary educational institutions, as prescribed by the law on policies for exemption and reduction of tuition fees;

- In case non-commissioned officers and soldiers in active service die or pass away while on duty, their families shall enjoy preferential policies as prescribed by law.

(Clause 2, Article 50 of the 2015 Military Service Law and specifically guided in Article 6 of Decree 27/2016/ND-CP)

 - In case of a transfer to another sector:

 

- The state ensures necessary professional and technical training for officers and non-commissioned officers transferred to other sectors as required by the organization;

- Retain salary and seniority allowance at the time of transfer for at least 18 months;

- Use the People's Police uniform, Police badges, insignia, and symbols on holidays; during meetings, and traditional gatherings of the People's Police;

- In case of reassignment to serve in the People's Police due to requirements, the transfer period is counted as continuous service time to consider rank promotion and service seniority;

- Upon retirement, they are entitled to a seniority allowance calculated based on their service time in the People's Police and the current salary; if the current salary is lower than the salary at the time of transfer, the salary at the time of transfer is used to calculate the retirement pension as per the law.

(Clause 2, Article 39 of the 2014 People's Police Law and specifically guided in Article 14 of Decree 103/2015/ND-CP)

- Demobilization:

- Job creation support and a one-time allowance as prescribed by the Government of Vietnam;

- Use the People's Police uniform, Police badges, insignia, and symbols on holidays; during meetings, and traditional gatherings of the People's Police;

- Local authorities where they reside shall facilitate stable living conditions; in case of homelessness, they are entitled to social housing support policies as prescribed by law;

- If serving for at least fifteen years in the People's Police, they are entitled to medical examination and treatment at the People's Police medical facilities as prescribed by the Minister of Public Security.

(Clause 3, Article 39 of the 2014 People's Police Law and specifically guided in Article 16 of Decree 103/2015/ND-CP)

Additionally, upon termination of service, they are entitled to vocational training support or job creation allowances and are given priority in competitive examinations to enter People's Police schools, enjoying other policies as prescribed by the Government of Vietnam.

(Clause 3, Article 40 of the 2014 People's Police Law and specifically guided in Article 10 of Decree 129/2015/ND-CP)

- In case of retirement due to disability policies:

- Preferential treatment for individuals with contributions to the revolution and social insurance benefits as prescribed by law;

- Use the People's Police uniform, Police badges, insignia, and symbols on holidays; during meetings, and traditional gatherings of the People's Police;

- Local authorities where they reside shall facilitate stable living conditions; in case of homelessness, they are entitled to social housing support policies as prescribed by law.

(Clause 4, Article 39 of the 2014 People's Police Law and specifically guided in Article 17 of Decree 103/2015/ND-CP)

- In case of death:

- The immediate family members of deceased officers, non-commissioned officers, and soldiers shall enjoy policies as prescribed by law on preferential treatment for contributors to the revolution, and social insurance benefits as stipulated by the Law on Social Insurance, and shall receive a one-time allowance as prescribed by the Government of Vietnam.

(Clause 6, Article 39 of the 2014 People's Police Law and specifically guided in Clause 1, Article 18 of Decree 103/2015/ND-CP)

- In case of passing away:

- The immediate family members of deceased officers, non-commissioned officers, and soldiers shall enjoy social insurance benefits as stipulated by the Law on Social Insurance, and shall receive a one-time allowance as prescribed by the Government of Vietnam.

(Clause 7, Article 39 of the 2014 People's Police Law and specifically guided in Clause 2, Article 18 of Decree 103/2015/ND-CP)

 ### - For militia (excluding sea militia and regular militia):

 

- Entitled to daily labor allowances at a rate proposed by the Provincial People's Committee and decided by the same level People's Council, but not less than the coefficient of 0.08 of the general minimum wage; if performing duties from 10 PM to 6 AM or in hazardous or harmful conditions, they are entitled to policies as prescribed by the Labor Code;

- When performing duties away from their residence, without daily commuting conditions, they are provided accommodation, transportation means, travel expenses, or reimbursement of round-trip travel expenses; and receive meal allowances at rates proposed by the Provincial People's Committee and decided by the same level People's Council.

(Clause 2, Article 47 of the 2009 Militia and Self-Defense Law)

- For self-defense forces, excluding sea self-defense:

- Receive full salary, welfare benefits, travel allowances, and travel expenses as per current policies.

(Clause 3, Article 47 of the 2009 Militia and Self-Defense Law)

- For sea militia and self-defense forces:

- Militia members receive daily labor allowances no less than the coefficient of 0.12 of the general minimum wage; and meal allowances equivalent to naval soldiers on level one ships docked at bases;

- Self-defense members receive full salary, welfare benefits, travel allowances, and travel expenses as per current policies.

(Article 47 of the 2009 Militia and Self-Defense Law and specifically guided in Article 20 of Decree 03/2016/ND-CP)

- For regular militia:

- Regular militia members receive daily labor allowances no less than the coefficient of 0.08 of the general minimum wage and are provided accommodation and meals.

- Core militia members who have completed their duty in the militia and self-defense forces, including at least 12 months of regular militia duty, are exempted from active military service and receive the following support:

-  One  month  of  general  minimum  wage  for  those  with  12  to  under  18  months  of  duty;

-  Two  months  of  general  minimum  wage  for  those  with  18  to  under  24  months  of  duty;

-  Three  months  of  general  minimum  wage  for  those  with  24  months  or  more  of  duty.

(Article 49 of the 2009 Militia and Self-Defense Law)

 

Relationship

- Core self-defense militia members (having served in the core self-defense militia for at least 12 months) are exempt from military service obligation.

- Participation in police duties exempts individuals from military service obligation.

(clauses a and b of Article 4, Clause 4, Law on Military Service 2015).

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