Guidelines for violations against regulations on military service registration in Vietnam

Guidelines for violations against regulations on military service registration in Vietnam (Internet image)

On January 27, 2023, the Minister of Defense of Vietnam issued Circular 07/2023/TT-BQP guiding Decree 120/2013/ND-CP stipulating sanctioning administrative violations in the field of defense, cipher and Decree 37/2022/ND-CP amending the Decree stipulating sanctioning administrative violations in the field of defense and cipher; national border management, and on the waters, islands, and continental shelf of Vietnam. Whereby:

Guidelines for violations against regulations on military service registration in Vietnam

Article 5 of Circular 07/2023/TT-BQP stipulates violations of regulations on registration of military service in Clause 2, Article 4 of Decree 120/2013/ND-CP, amended in Clause 7, Article 1 of Decree 37/2022/ND-CP, specifically:

- The act of "not registering for additional military service" prescribed at Point c, Clause 2, Article 4 of Decree 120/2013/ND-CP, amended in Clause 7, Article 1 of Decree 37/2022/ND-CP is the case of citizen not directly going to the commune military command to register for additional military service when there is a change in their position, education, professional qualifications, health status and other information related to military service as prescribed in Article 6 of Decree 13/2016/ND-CP.

- The act of "not performing military service registration when changing the place of residence or work and study place" specified at Point d, Clause 2, Article 4 of Decree 120/2013/ND-CP, amended in Clause 7, Article 1 of Decree 37/2022/ND-CP is the case of citizen who has registered for military service, when leaving the district administrative unit at the residence or workplace, studying for 03 consecutive months or more but not directly going to the Commune Military Command to carry out procedures for registration of military service to transfer or transfer to the provisions of Article 7 of Decree 13/2016/ND-CP.

- The act of "failing to register for temporary military service" prescribed at Point d, Clause 2, Article 4 of Decree 120/2013/ND-CP, amended in Clause 7, Article 1 of Decree 37/2022/ND-CP is the citizen who has registered for military service, when leaving the district administrative unit at the residence or workplace, studying for 03 months or more but not going to the military command of communes, wards and townships has registered military service to directly register temporary military service as prescribed in Article 8 of Decree 13/2016/ND-CP.

What is considered as a legitimate reason in military service registration?

Article 4 of Circular 07/2023/TT-BQP guides the "legitimate reason" specified in Article 6, Article 7, Article 11, Article 12 of Decree 120/2013/ND-CP, amended at Clause 8, Clause 9, Clause 12, Clause 13, Article 1 of Decree 37/2022/ND-CP, whereby "legitimate reason" is one of the following cases:

- The person must pass the examination or health examination in order to serve in the military; a health examination in order to recruit reserve officers; obey the order to enlist; or call for reserve officers; calling orders to focus on training, drills, and being ready to encourage and fight (hereinafter referred to as the person performing military service) but being sick, having an accident, or being treated at medical examination and treatment facilities.

- Military service members' relatives, including: father, mother; father-in-law, mother-in-law, or father-in-law; adoptive father, adoptive mother; legal nurturer; wife or husband;Legal children and adopted children are sick, serious accidents are being treated at medical examination and treatment facilities.

- A relative of the military service person specified in Point b of this Clause died but no funeral was held, or the funeral was not completed.

- Housing for the person performing military service or housing for the person's relatives, as specified in Point b of this Clause, is in the area of natural disasters, epidemics, and fires that seriously endanger human life.

- Military service performers did not receive an order to call for an examination or health examination in order to perform military service; a health examination for recruiting reserve officers; a command to enlist in the army; an order to call for reserve officers; an order to focus on training, rehearsing, and checking readiness in order to encourage and be ready to fight;Or there is a command, but the order does not specify the time and location due to the fault of the person or the responsible agency, or because other people have committed acts that are obstructed by Article 7 of Circular 07/2023/TT-BQP.

- For cases specified at Point a, Point b, Clause 1, Article 4 of Circular 07/2023/TT-BQP There must be certification of the People's Committee of the commune at the residence or medical examination and treatment facility or the commune health station at the residence; In case the specified at Points c and d, Clause 1, Article 4 of Circular 07/2023/TT-BQP must be certified by the People's Committee of the commune at the residence; In case the specified at Point d, Clause 1, Article 4 of Circular 07/2023/TT-BQP must be certified by the People's Committee of the commune at the residence or the competent authority in Vietnam.

Circular 07/2023/TT-BQP takes effect from March 14, 2023.

Nguyen Nhu Mai

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