Is There a Penalty for Not Undergoing a Military Service Health Examination?

According to the provisions of Article 30 of the Military Service Law 2015, the age for performing civil duties is specified as follows:

"Citizens who are 18 years old are called to enlist; the age for enlistment is from 18 years old to the end of 25 years old; citizens who have been trained at college or university level and have been postponed from enlisting will be called to enlist until the end of 27 years old."

Vietnamese citizens within the age range for military service, reserve soldiers, and those registered for military entrance examinations will undergo a health check for military service, including: health checks, preliminary health checks, health examinations, re-examinations, health assessments, health management, and health classifications.

Protecting the socialist fatherland is a sacred obligation and a noble right of every citizen. Citizens are obliged to perform military service and participate in the building of a people's national defense. Citizens within the age range for military service, regardless of ethnicity, social status, belief, religion, education level, occupation, or residence, must perform military service. However, some people intentionally evade civil duties, such as not undergoing a health examination for military service, not enlisting when there is a call-up notice, etc. Not participating in a medical check-up is a violation of the legal provisions on military service. So, how will violations be handled in such cases?

Under Item 1 of Article 6 of Decree 120/2013/ND-CP, which stipulates administrative penalties in the field of national defense and cryptographic services:

"A fine of 800,000 VND to 1,200,000 VND will be imposed for the act of not being present at the specified time or location for health checks, medical examinations as stated in the call-up notice for health checks for military service without a legitimate reason."

Thus, failing to attend a health examination as per the call-up notice for health checks for military service without a legitimate reason will result in a fine ranging from 800,000 to 1,200,000 VND.

If absent for a legitimate reason, no penalty will be imposed (provided that the legitimate reason for the absence can be proven), and measures must be taken to remedy the consequences by undergoing health checks or medical examinations as scheduled by the Military Service Council. Legitimate reasons include:

- The individual required to undergo preliminary selection for military service; health checks or examinations for military service; health examinations for selecting reserve officers; complying with the enlistment order; orders to attend reserve officer training; orders for concentrated training, drills, readiness checks for mobilization, and combat readiness (hereinafter referred to as those performing military service) is ill or suffers an accident en route.- Close family members of the individual performing military service, including biological parents; parents-in-law; lawful guardians; spouse; biological or lawful adopted children, are seriously ill.- Close family members of the individual performing military service, including biological parents; parents-in-law; lawful guardians; spouse; biological or lawful adopted children, die but the funeral has not yet been organized.- The house of the individual performing military service or the house of their relatives is in an area affected by natural disasters, epidemics, or fires, impacting their life.- The individual performing military service does not receive the call-up notice for preliminary selection; health checks or examinations for military service; health examinations for selecting reserve officers; enlistment orders; orders to attend reserve officer training; orders for concentrated training, drills, readiness checks for mobilization, and combat readiness due to the fault of responsible individuals or agencies or due to actions of others that cause difficulties or obstructions.

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