08 Case of delay and exemption from participation in militia and self-defense forces in Vietnam

08 Case of delay and exemption from participation in militia and self-defense forces in Vietnam (Internet image)

1. Age and duration of participation in militia and self-defense forces during peacetime in Vietnam

Article 8 of the Law on Militia and Self-defense Forces 2019 stipulates the age and duration of participation in militia and self-defense forces during peacetime as follows:

- Male citizens from 18 years of age until 45 years of age inclusively, female citizens from 18 years of age until 40 years of age inclusively are responsible for joining militia and self-defense forces; in case of voluntary participation, militia and self-defense force duties may last up to the age of 50 inclusively for male and 45 inclusively for female.

- Duration of participation in on-site, mobile, marine, anti-aircraft, artillery, scouting, information, engineering, chemical defense and medical militia and self-defense forces is 4 years; duration of participation in standing militia is 2 years.

Based on requirement and tasks of national defense and military of local governments, agencies and organizations, duration of participation in militia and self-defense forces may be extended for no more than 2 years; for marine militia, self-defense forces and commanders of militia and self-defense forces may be extended without exceeding the age specified in Clause 1 of Article 8 of the Law on Militia and Self-defense Forces 2019.

- Chairpersons of People’s Committees of communes and districts that do not have communes, heads of agencies and organizations shall decide to prolong the age group and duration of participation of militia and self-defense forces as specified in Article 8 of the Law on Militia and Self-defense Forces 2019.

2. Case of delay from participation in militia and self-defense forces during peacetime in Vietnam

Clause 1, Article 11 of the Law on Militia and Self-defense Forces 2019 the delay and exemption from participation in militia and self-defense forces during peacetime in Vietnam as follows:

- A citizen shall be delayed from participation in militia and self-defense forces in case:

+ She is pregnant or raising a child under 36 months old; he is raising a child under 36 months old; or

+ He/she has inadequate health to perform tasks of militia and self-defense forces; or

+ He/she has a spouse who is an officer, professional servicemen, official, national defense employee, non-commissioned officer or soldier serving in People’s Army; or

+ He/she has a spouse who is an officer, non-commissioned officer, soldier or policeman serving for People’s Public Security; or

+ He/she has a spouse who is official or youth volunteer assigned to extremely disadvantaged socio-economic area according the law provisions; or

+ He/she is the only breadwinner in a poor or near poor household; person directly taking care of relatives incapable of working or not in the age for working;

Person within a household heavily damaged in terms of humans and assets due to accidents, disasters or diseases confirmed by Chairperson of commune or district that do not have communes, or head of agency or organization where he/she lives; or

+ He/she is a spouse, child of sick soldiers, people infected with dioxin and suffering labor capacity reduction from 61% to 80%; or

+ He/she is studying in education institutions of regulatory authorities, political organizations, socio-political organizations and education institutions of formal education systems; he/she is working or studying abroad.

3. Cases of exemption from participation in militia and self-defense forces during peacetime in Vietnam

In Clause 2, Article 11 of the Law on Militia and Self-defense Forces 2019, a citizen shall be exempted from participation in militia and self-defense forces in Vietnam in case:

- He/she is a spouse or child of martyrs; or

- He/she is a spouse, child of sick soldiers, people infected with dioxin and suffering labor capacity reduction of 81% or more; or

- He/she is a reservist and has been arranged in reserve forces; or

- He/she is directly taking care of Vietnamese heroic Mothers; directly taking care of persons suffering labor capacity reduction of 81% or more; or

- He/she is working in cipher field.

Note:

- Citizens delayed or exempted from participation in militia and self-defense forces specified in Points c, d, dd, e and g Clause 1 and Points a, b and d Clause 2 of Article 11 of the Law on Militia and Self-defense Forces 2019 shall be considered for selection in case of voluntary.

- Chairpersons of People’s Committees of communes and districts that do not have communes, heads of agencies and organizations shall decide which citizens to be delayed and exempted from participation in militia and self-defense forces.

Ngoc Nhi

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