Penalty up to 4 Million VND for Deception in Military Service Health Examination Results

Article 45 of the 2013 Constitution stipulates:

"1. Protecting the Fatherland is a sacred duty and noble right of citizens.

2. Citizens must fulfill military service obligations and participate in building a comprehensive national defense."

However, in reality, in certain localities, when reaching the age of enlistment to fulfill military service obligations, many young men seek ways to evade their civic duties. As healthy citizens who have reached the age to comply with their military service obligations to the Fatherland but intentionally evade, according to Article 59 of the 2015 Law on Military Service, organizations or individuals committing acts of evasion, opposition, or obstruction of military service duties, depending on the nature and severity of the violation, may be subject to disciplinary action, administrative fines, or criminal prosecution. Acts of intentional evasion of obligations must be sternly dealt with to provide specific education and general prevention.

Fines from 800,000 - 1,200,000 VND for not attending health exams without legitimate reasons

Decree 120/2013/ND-CP stipulates that in the field of national defense, cryptography, persons not present at the appointed time or place for health checks mentioned in the summoning document without legitimate reasons will be fined from 800,000 - 1,200,000 VND.

Legitimate reasons here are understood as:

- Individuals required to attend preliminary military service exams, undergo checks or health exams for military service, health exams for reserve officer selection, comply with conscription orders, reserve officer training orders, orders for concentration training, drills, readiness checks for mobilization, and combat readiness (hereinafter referred to as persons performing military service) but fall ill or have accidents on the way.- Relatives of persons performing military service including biological parents, parents-in-law, legal guardians, spouse, biological or adopted children being seriously ill.- Relatives of persons performing military service including biological parents, parents-in-law, legal guardians, spouse, biological or adopted children who have passed away but the funeral has not been organized yet.- The residence of persons performing military service or their relatives' homes affected by natural disasters, epidemics, fires disrupting daily life.- Persons performing military service didn't receive the summons for preliminary military service exams, checks, or health exams for military service due to the fault of the responsible person or organization or third-party actions causing difficulties or obstructions.

Fines up to 4,000,000 VND for deliberately falsifying military service health check results

According to Decree 120, fines ranging from 2,000,000 VND to 4,000,000 VND shall be imposed for the following acts:

- Providing false health information to alter health classification results to evade military service.- Offering money or other material benefits to officials or medical staff to alter health classification results of those undergoing military service health checks.- Officials or medical staff intentionally altering the health factors of those undergoing military service health checks.

In addition to monetary fines, the following remedial measures are also required:

- Forcing the return of illicit gains acquired by officials or medical staff from accepting money to alter health classification results.- Forcing a repeat health check for those undergoing military service health checks.

Simultaneously, according to Article 259 of the 1999 Criminal Code regarding the crime of evading military service:

Anyone who does not comply with the legal obligations concerning military service registration, fails to comply with conscription orders, training summons, has been administratively sanctioned for these acts, or has been convicted of this crime, yet continues to violate, shall be subject to non-custodial reform for up to two years or imprisonment from three months to two years.

Imprisonment from one to five years shall be imposed for the following acts:

- Self-inflicted injuries or health damage.- Offending during wartime.- Inciting others to commit offenses.

Thus, if administrative sanctions cannot ensure compliance with obligations, criminal prosecution and responsibilities for the crime of evading military service as stipulated in the 1999 Penal Code may be brought forward.

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