Civil IN HANOI, VIETNAM

Vietnam: Summary of penalties for violating military conscription in 2021

09:40, 19/09/2020

Military conscription is the responsibility of citizens to show their patriotism. In case citizens fail to fulfill that responsibility, they will be punished according to regulations. Below is a summary of penalties for violating military conscription.

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According to Article 4 - Article 9 of Decree No. 120/2013/NĐ-CP of Vietnam’s Government on penalties for administrative violations against regulations on national defense and cryptography and Article 332 - Article 335 of the Criminal Code of Vietnam, summary of penalties for violating military conscription is as follows:

Violation	Fine	Remedial measures/Additional penalty
Administrative penalties
Male citizens reaching 17 years old in the year and required to register for conscription if they fail to apply for initial conscription registration	Warning	Enforced conscription registration
Failure to apply for initial registration for conscription, excluding the case of male citizens reaching 17 years old in the year and required to register for conscription if they fail to apply for initial conscription registration	VND 200.000 - VND 600.000	Enforced conscription registration
Failure to apply for supplemental conscription registration in case of change to name, address or workplace as per the law		Enforced conscription registration
Failure to apply for modification of conscription registration prior to change of place of residence as per the law		Enforced application for modification of conscription registration
Failure to register for reserve force as per the law		Enforced reserve force registration
Imposed upon failure to be present at the time or location for preliminary selection stated in the call to preliminary selection for conscription without a legitimate reason	VND 500.000 - VND 1.000.000	Enforced participation in preliminary selection for conscription according to the plan of the conscription council
Failure to be present at the time or location for health examination stated in the call to health examination for conscription without a legitimate reason	VND 800.000 - VND 1.200.000	Enforced health examination according to the plan of the conscription council
Alteration of health classification results by persons undergoing health examination for the purpose of conscription evasion	VND 2.000.000 - VND 4.000.000	Enforced health reexamination for persons undergoing health examination for conscription
Offering of money or other material benefits to healthcare officials and workers for the purpose of falsification of health classification results of persons undergoing health examination for conscription		Confiscation of illegal profit obtained by healthcare officials and workers due to the violations Enforced health reexamination for persons undergoing health examination for conscription
Deliberate alteration of health determinants of persons undergoing health examination for conscription by healthcare officials and workers		Enforced health reexamination for persons undergoing health examination for conscription
Failure to be present at the assembling time or location stated in the enlistment order without a legitimate reason	VND 1.500.000 - VND 2.500.000	Enforced compliance with the enlistment order
Desertion during conscription in a regular armed force in peacetime which has not resulted in any serious consequence and for which the regiment-level military unit or equivalent has sent a notification of desertion and removal from personnel list to the commune-level People’s Committee and district-level military authority	VND 3.000.000 - VND 5.000.000	Enforced return of all military uniforms provided and enforced performance of conscription according to regulations of the Law on Military Conscription
Sheltering and concealment of deserting soldiers	VND 3.000.000 - VND 5.000.000	No
Failure to enable citizens to register for conscription, participate in preliminary selection for conscription, participate in health examination for conscription and comply with enlistment orders	VND 1.500.000 - VND 2.000.000	Enforced enabling citizens to register for conscription, participate in preliminary selection for conscription, participate in health examination for conscription and comply with enlistment orders as per the law
Obstructing persons tasked with conscription registration, preliminary selection for conscription, health examination for conscription and execution of enlistment orders from fulfilling their duties	VND 2.000.000 - VND 3.000.000	No
Failure to report or failure to sufficiently or accurately report list of male citizens reaching 17 years old in the year or list of female citizens aged 18 to 40 and having technical qualifications needed by the army	VND 3.000.000 - VND 5.000.000
Failure to report or failure to sufficiently or accurately report the numbers of reserve servicemen and persons ready to enlist in one’s unit per regulations	VND 3.000.000 - VND 5.000.000
Failure to allow citizens who have completed conscription to return to the workplaces that they work for prior to conscription	VND 5.000.000 - VND 10.000.000	Enforced employment of citizens who have completed conscription in the workplaces that they work for prior to conscription
Criminal prosecure
Article 332 - Avoiding conscription Any person who fails to comply with regulations of law on conscription, defies an enlistment order or military training order despite the fact that he/she has incurred an administrative penalty or has an unspent conviction for the same offense	Up to 02 years' community sentence; 03 - 24 months' imprisonment	No
Article 332 - Avoiding conscription This offense committed in any of the following circumstances: The offender injures himself/herself to avoid conscription; The offense is committed in wartime; The offender drags another person into committing the offense	01 - 05 years' imprisonment	No
Article 334 - Violation against regulations of law on conscription Any person who abuses his/her position to commit a violation against regulations of law on conscription, enlistment, military training order	Up to 03 years' community sentence; 06 - 36 months' imprisonment	The offender might also be prohibited from holding certain positions for 01 - 05 years
Article 334 - Violation against regulations of law on conscription Any person who abuses his/her position to commit a violation against regulations of law on conscription, enlistment, military training order during wartime	02 - 07 years' imprisonment
Article 335 - Obstruction of conscription Any person who deliberately obstructs conscription, enlistment, military training order	A warning or a penalty of up to 02 years' community sentence; 03 - 24 months' imprisonment	Không
Article 335. Obstruction of conscription Any person who deliberately obstructs conscription, enlistment, military training order which involves the offender's abuse of his/her power or position or is committed in wartime	02 - 05 years' imprisonment	Không

The above is a summary of the penalties for violating military service that are being applied. Citizens of military service age should properly perform this sacred duty, to show patriotism and defense of the Fatherland as well as not to be punished for breaking the law.

Le Vy

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- The legal regulations in this article are according to Vietnamese Law;
- This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts;
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