Upcoming, provinces and cities across the country will organize health examination for conscription for the early 2021. However, citizens are not required to attend the health examination for conscription as ordered if they have one of the following 05 legitimate reasons.
Article table of contents
Citizens are not required to undergo health examination for conscription if they have 01 of the 05 prescribed legitimate reasons in Vietnam (Internet image)
According to the provisions in Article 40 of the Law on Military Service 2015, the Chief Commander of the District Military Command issues an order for health examinations for citizens eligible for conscription; the Chief of the District Police issues an order for health examinations for citizens eligible for participation in the People’s Police. The health examination order must be delivered to the citizens 15 days before the health examination date. The health examination period in Vietnam is from November 1 to December 31 annually.
Additionally, Clause 1 of Article 6 of Decree 120/2013/ND-CP stipulates a fine ranging from 800,000 VND to 1,200,000 VND for the act of not being present at the specified time or location for health checks or examinations as stated in the health examination summons for military service without a legitimate reason.
Thus, based on the above provision, when receiving a health examination order from the District Military Command or the District Police Chief, citizens are obligated to be present at the designated time and location for the military service health examination as indicated in the summons. If they are not present without a legitimate reason, they will be fined from 800,000 VND to 1,200,000 VND. So, what constitutes a “legitimate reason”?
Based on Article 5 of Circular 95/2014/TT-BQP, a “legitimate reason” is one of the following 05 reasons:
First, the person required to undergo the military service health examination is sick or falls ill, has an accident on the way.
Second, relatives of the person performing military service, including biological parents; parents-in-law; legal guardians; spouse; biological children, or legally adopted children are seriously ill.
Third, relatives of the person performing military service, including biological parents; parents-in-law; legal guardians; spouse; biological children, or legally adopted children have died but the funeral has not been held.
Fourth, the house of the person performing military service or their relatives' house is in an area affected by natural disasters, epidemics, or fire impacting their life.
Fifth, the person required to undergo the military service health examination did not receive the health examination summons due to the actions of others causing difficulties or obstructions, specifically:
- Failure to notify or delayed notification of documents related to the performance of responsibilities and duties;
- Verbal, physical, or psychological threats or obstructions to the person responsible for implementing procedures for military duty registration, preliminary military selection, military service health examinations, and conscription orders.
Therefore, it is evident that citizens who receive a health examination order from the District Military Command or the District Police Chief will not be fined for not attending the military service health examination if they fall under one of the above 05 reasons. However, it should be noted that these are only legitimate reasons for absence or late presence at the conscription health examination without administrative penalties; once the legitimate reason has been resolved, the citizen must continue to perform their military service obligations according to the law in Vietnam.
Ty Na
- Key word:
- health examination
- Vietnam
