Which Subjects are Eligible for Postponement and Exemption from Military Service?

Registration for performing military service is the responsibility of each citizen according to the provisions of the law. However, in certain specific cases, citizens will be deferred or exempted from performing military service.

Exemption, Deferral of Military Service Obligations

Who is exempted and deferred from military service obligations? (Illustrative Image)

Below are specific cases where citizens are granted temporary deferral or exemption from military service obligations:

First, Citizens granted temporary deferral from enlistment

According to Clause 1, Article 41 of the Military Service Law 2015, temporary deferral from enlistment is granted to the following citizens:

- Those not healthy enough to serve according to the conclusion of the Health Examination Council.- The sole laborer directly providing for dependents who are incapable of working or not yet of working age; in a family severely affected by accidents, natural disasters, or dangerous epidemics as confirmed by the commune-level People's Committee.- A child of a war invalid or a person exposed to Agent Orange whose working capacity is reduced by 61% to 80%.- Having a sibling who is a non-commissioned officer or soldier currently serving; non-commissioned officers, soldiers performing their obligations in the People's Public Security.- Persons under resettlement programs within the first three years of moving to especially difficult communes according to State economic-social development projects as decided by the provincial-level People’s Committee or higher.- officials and public employees, youth volunteers mobilized to work in areas with extremely difficult economic-social conditions according to law.- Currently studying at a general education institution; undergoing regular university training at a higher education institution, or college-level training at a vocational education institution within the duration of one training course at one training level.

Second, Citizens exempted from military service

According to Clause 2, Article 41 of the Military Service Law 2015, the following cases are exempt from military service:

- Those not meeting health standards due to the following diseases:- Mental illness- Epilepsy- Parkinson’s disease- Blind in one eye- Deafness- Aftereffects of bone, joint tuberculosis- Aftereffects of leprosy- Malignant diseases- HIV- Persons with severe or extremely severe disabilities.

Circular 16/2016/TTLT-BYT-BQP also stipulates several cases for exemption from military service:

- Child of a martyr or a severely wounded soldier.- One brother or sister of a martyr.- One child of a second-class invalid; one child of a sick soldier with work capacity reduced by 81% or more; one child of an Agent Orange victim with work capacity reduced by 81% or more.- Persons working as cryptographic personnel not being soldiers or People's Public Security.- officials and public employees, youth volunteers mobilized to work in areas with extremely difficult economic-social conditions for 24 months or more according to law.

These are the cases where citizens can be deferred from or exempted from military service obligations. Depending on the family situation or health status, citizens will be considered for deferral or exemption from military service according to current law.

Legal Basis

Military Service Law 2015

Circular 16/2016/TTLT-BYT-BQP

Ngoc Tai

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