Clarifications on questions related to military service obligations in Vietnam in 2017

STT

Question

Answer

1

Time for medical examination for military service 

Question from email: leminh121302@gmail.com:

When will the 2017 medical examination for military service occur? When will I join the army?

• According to the provisions of Clause 4, Article 40 of the Law on Military Service 2015 :

   “The health examination period is from November 1 to December 31 every year. The time for the health examination to call citizens to join the army and perform their duty to join the People's Public Security for the second time as prescribed in Article 33 of this Law shall be decided by the Prime Minister.”

   Thus, the health examination period is from November 1, 2016 to December 31, 2016.

• Article 33 of the 2015 Law on Military Service stipulates:

   “Every year, citizens are called to join the army and perform their duty to join the People's Public Security once in February or March; in case of necessity for national defense and security reasons, citizens are called to join the army and perform their duty to join the People's Public Security a second time. For localities with disasters or dangerous epidemics, the time for calling for military service and performing their duty to join the People's Public Security can be adjusted.”

   The enlistment period is February or February 2017/ In case of local disasters or dangerous epidemics, the enlistment period may be adjusted.

2

What is the age to join the army in Vietnam?

Mr. Le Hoang Duy , 26 years old, Dong Nai asked:

I heard some people say the maximum age to enlist is 25, others say it's 27. Is the maximum age to enlist 25 or 27?

   According to the provisions of Article 30 of the Law on Military Service 2015, citizens who are 18 years old or older are called up for military service; the age for military service is from 18 to 25 years old; citizens who have received college or university degrees and have been temporarily deferred from military service, the age for military service is up to 27 years old.

   Thus, the age for military service is from 18-25 years old and up to 27 years old for university and college students who are temporarily deferred from military service.

3

Do college graduates have to do military service?

Mr. Nguyen Duy Minh , 24 years old, Ho Chi Minh City asked:

I graduated from university 3 months ago and am currently working. Previously, because I went to university, I was temporarily deferred from military service. I would like to ask if I have to do military service after graduating from university.

   In case you go to university, you will be temporarily deferred according to point g, clause 1, Article 41 of the 2015 Law on Military Service:

   “Studying at a general education institution; being trained at a full-time university level at a university, or at a full-time college level at a vocational education institution during the duration of one training course of one training level.”

   According to Clause 3, Article 41 of the Law on Military Service 2015:

   “ Citizens who are subject to temporary deferment from military service as prescribed in Clause 1 of this Article, if there is no longer a reason for deferment, will be called up for military service .”

   So, if you have graduated from university and no longer have a reason to defer your enlistment, you will be called up for military service if you meet the military recruitment standards.

4

How many degrees of nearsightedness are exempt from military service?

Question from email langtucodon@gmail.com:

I have 3 diopters of myopia in my left eye and 2 diopters in my right eye. Do I have to participate in military service?

   According to Point a and Point c, Clause 3, Article 4  of Circular 140/2015/TT-BQP  regulating the selection and calling of citizens for military service and the Appendix attached to  Joint Circular 16/2016/TTLT-BYT-BQP  regulating the medical examination for military service, the following cases of myopia will not be called for military service:

• Myopia from 3.0 diopters or more.
• Myopia from 1.5 diopters or more and health category 3.

   So in your case, you will not be called up for military service because you do not meet the military service standards according to regulations.

5

Do people with astigmatism, farsightedness have to join the army?

Mr. Tran Minh Hung, 22 years old, Gia Lai asked:

As far as I know, people with astigmatism do not have to join the army, and people with farsightedness do not have to join the army either. What are regulations on this matter according to the law in Vietnam?

   According to Point a and Point c, Clause 3, Article 4  of Circular 140/2015/TT-BQP  regulating the selection and calling of citizens for military service and the Appendix attached to  Joint Circular 16/2016/TTLT-BYT-BQP  regulating the health examination for military service, citizens with health category 3 and refractive eye defects: farsightedness of various degrees will not be called for military service.

   At the same time, in the Appendix attached to  Joint Circular 16/2016/TTLT-BYT-BQP , astigmatism types belong to health category 6, not meeting the standards for military service.

   Refer to the article  Cases of not having to join the army due to myopia .

6

Are people with tattoo eligible to participate in military service?

Mr. Phan Tan Van, (Raganphan@gmail.com):

I am 22 years old this year, have tattoos on both hands and on my neck. Can I participate in military service?

   Previously, according to the provisions of Point d, Clause 2, Article 4 of  Circular 167/2010/TT-BQP  regulating military recruitment standards: " Citizens with tattoos (with needles) with horrifying, bizarre, provocative, violent images that cause offense in exposed areas such as the face, neck, hands (from 1/3 below the armpit down); legs (1/3 below the thigh down), are not called to enlist in the Army. "

   However,  Circular 140/2015/TT-BQP,  which replaced  Circular 167  , abolished the regulation that people with offensive tattoos are not called to join the army. Therefore, regardless of the tattoo, they still have to perform military service.

   Your case is not exempt, if you meet all the military recruitment standards, you will be able to perform military service.

7

Will there be any fine if a person does not go for military service medical examination?

Mr. Le Van Dinh , (bello6868@yahoo.com) asked:

Recently, the commune sent me a notice to go for a medical examination for military service, but I was not at home and did not go for the examination. Will I face any fine?

   Decree 120/2013/ND-CP  stipulates administrative sanctions for violations in the field of national defense and cryptography. Those who do not appear at the correct time or location for medical examination stated in the medical examination notice for military service without a valid reason will be fined from 800,000 to 1,200,000 VND.

   For legitimate reasons, please refer to the regulations in Article 5 of Circular 95/2014/TT-BTP.

   In case of being administratively punished and re-offending, the offender will be imprisoned for 3 months to 5 years depending on the severity of the violation (according to Article 259 of  the 1999 Criminal Code  on the crime of evading military service).

8

Question from email address Dainhilang123@gmail.com

I am working in Ho Chi Minh City and have just received a medical certificate for military service. If I go back to my hometown for a medical examination, will I be reimbursed for travel expenses? I am not working for a state agency. If I am reimbursed, who will be responsible for paying for this?

   According to Clause 2, Article 12 of Decree 13/2016/ND-CP :

   In case citizens do not belong to agencies, organizations receiving salaries from the state budget or state-owned enterprises during the period of military service registration, the following benefits are guaranteed:

• Meal allowance equal to the basic daily allowance for non-commissioned officers and infantry soldiers;
• Pay for round trip travel according to current regulations of law.

   At point c, clause 2, Article 13, Decree 13/2016/ND-CP :

   “Citizens who do not belong to agencies or organizations receiving salaries from the state budget or state-owned enterprises when performing health examinations and checks upon call of the Commander of the District Military Command shall be paid by the District Military Command.”

   So, in your case, you will be paid for food and transportation, please contact us. 

9

What are cases of military service deferral in Vietnam?

Question from email address: Bamankhe@gmail.com

My family has 2 people going to military service. I've just receive the summon for military service medical examination. Am I eligible for a deferral?

   According to the provisions of  the Law on Military Service 2015  and  Circular 140/2015/TT-BQP  regulating the selection and calling of citizens for military service, citizens are temporarily deferred from military service in peacetime if they fall into one of the following cases:

1. Not healthy enough to serve in the army according to the conclusion of the Health Examination Council;
2. Being the only worker who must directly support relatives who are no longer able to work or have not reached working age; in a family that has suffered serious damage to people and property due to accidents, natural disasters, or dangerous epidemics as confirmed by the People's Committee at the commune level;
3. A child of a war invalid or person infected with Agent Orange whose working capacity is reduced from 61% to 80%;
4. Having a brother, sister or sibling who is a non-commissioned officer or soldier serving in the army; a non-commissioned officer or soldier performing duty in the People's Public Security;
5. People who are subject to migration and resettlement in the first 3 years to extremely disadvantaged communes under the State's socio-economic development project decided by the People's Committee of the province or higher;
6. Cadres, civil servants, public employees, and youth volunteers mobilized to work in areas with particularly difficult socio-economic conditions according to the provisions of law;
7. Currently studying at a general education institution; currently receiving regular university training at a university, or regular college training at a vocational education institution during a training course of a training level.

   Thus, based on the above regulations, you can only postpone your military service if you have brothers and sisters who are serving in the army. Your family has 02 members who have served in the army but have completed their service and have a discharge certificate, so they are no longer soldiers serving in the army as prescribed in the law. Therefore, you are not eligible for a postponement of military service, so you will have to perform military service when you meet the age and health requirements.

10

List of diseases exempted from military service

Mr. Hoang Le Minh, Kom Tum asked:

I want to ask about cases of exemption from military service.

   According to the law, there are currently cases of exemption from military service including:

1. Not meeting health standards: 10 diseases exempted from military service in 2017

• Mental illness (ICD10 codes: F20-F29);
• Epilepsy (ICD10 code: G40)
• Parkinson's disease (ICD10 disease code: G20);
• Blindness in one eye (ICD10 code: H54.4);
• Deafness (ICD10 code: H90);
• Sequelae of bone and joint tuberculosis (ICD10 disease code: B90.2);
• Sequelae of leprosy (ICD10 code: B92);
• Malignant diseases (ICD10 disease codes: C00 to C97; D00 to D09; D45-D47);
• People infected with HIV (ICD10 disease codes: B20 to B24, Z21);
• People with severe and severe disabilities.

   According to point c, clause 3, Article 4 of  Circular 140/2015/TT-BQP  regulating the selection and calling of citizens for military service, citizens with health category 3, refractive eye defects (myopia of 1.5 diopters or more, hyperopia of various degrees); drug addiction, HIV and AIDS infection are not called to join the army.

   There are also other diseases that require a strict medical examination. See details in Appendix I - Health classification by physical strength and disease issued with  Joint Circular 16/2016/TTLT-BYT-BQP ;

2. Children of martyrs, children of first-class disabled soldiers;
3. A brother or a sister of a martyr;
4. One child of a second-class disabled veteran; one child of a sick soldier with a reduced working capacity of 81% or more; one child of a person infected with Agent Orange with a reduced working capacity of 81% or more;
5. People doing key work are not soldiers or People's Police;
6. Officials, public employees, and youth volunteers mobilized to work in areas with especially difficult socio-economic conditions as prescribed by law for 24 months or more.