From November 01, 2016 to December 31, 2016 is the period for military service health examinations in 2017, in preparation for enlistment in February or March 2017. Many people wonder whether individuals who are mute are required to participate in military service. So, what does the law stipulate regarding this issue?
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Pursuant to the provisions of Joint Circular 36/2011/TTLT-BYT-BQP regarding the list of exempted diseases from military service, the designated diseases that exempt individuals from performing military duty are not accepted into regular military service. These cases are exempted from receiving summons for health examinations or health checks at the district health level, including 22 diseases exempted from military service:
- Occasional epilepsy attacks;- Mental disorder: Madness, dementia, insanity (mental disorder possibly treated multiple times without recovery);- Chronic edema due to diseases such as: heart failure, nephritis, nephrotic syndrome, chronic renal failure, etc.;- Elephantiasis (due to filariasis) prevents labor;- Disabled, deformed limbs, loss of limb functionality due to any cause;- Progressive bone and joint tuberculosis, progressive lymph node tuberculosis;- Unstable forms of leprosy (with ulcers, granulations, missing fingers or toes);- Mute or severely stuttered from childhood;- Deaf from childhood;- Blindness or blindness in one eye;- Year-round tremor in limbs, difficulty walking, unable to work (such as Parkinson's disease) or limbs have abnormal jerking movements (Chorea), athetosis;- Hemiplegia or paraplegia;- Emaciation, haggardness, frailty, irrecoverable bodily exhaustion due to chronic diseases like fibro-cavernous tuberculosis, persistent asthma with chronic cardiopulmonary complications or emphysema, ascitic liver cirrhosis;- Congenitally crooked neck, conspicuous from many years;- Excessively short stature (height below 140 cm);- Hunchback with a hump due to spinal tuberculosis residue, old trauma causing spinal damage leaving residues;- Congenital ptosis;- Cleft lip and palate not surgically corrected;- Atrophic rhinitis (Ozena) with speech disturbances;- Joint disease with muscular atrophy and joint stiffness;- Malignant diseases;- HIV-infected persons.
With the above-mentioned regulations, cases of mute or severely stuttered from childhood are exempted from performing military service.
The Ministry of Health and Ministry of National Defense are Drafting a Joint Circular guiding the health examination for military service fulfillment. The regulation specifies the list of diseases exempt from military service registration, not accepted into regular military service. Specifically:
- Mental disorder (F20-F29);- F20 - Schizophrenia;- F21 - Schizotypal disorder;- F22 - Persistent delusional disorder;- F23 - Acute and transient psychotic disorders;- F24 - Induced delusional disorder;- F25 - Schizoaffective disorders;- F28 - Other nonorganic psychotic disorders;- F29 - Unspecified nonorganic psychosis;- Epilepsy (G40);- Parkinson's disease (G20);- Blindness in one eye (H54.4);- Deafness (H90);- Residual conditions due to bone and joint tuberculosis (B90.2);- Residual conditions due to leprosy (B92);- Malignant diseases (malignant tumors, malignant blood diseases);- HIV-infected persons;- Persons with severe and very severe disabilities.
Pursuant to Article 3 of Decree 28/2012/ND-CP guiding the implementation of the Law on Persons with Disabilities 2010:- Persons with very severe disabilities are those whose disabilities lead to total loss of function, inability to self-control or perform basic daily activities such as moving, dressing, personal hygiene, and other essential activities without complete assistance, supervision, or care;- Persons with severe disabilities are those whose disabilities lead to partial or functional loss, inability to self-control or perform some activities such as moving, dressing, personal hygiene, and other essential activities without assistance, supervision, or care.
According to the above list of diseases exempt from military service registration, cases of mute individuals must still register for military service (not included in cases of severe and very severe disabilities).
The above list contains some differences from the list exempting military service according to the provisions of Joint Circular 36/2011/TTLT-BYT-BQP.
Thus, under current regulations, cases of mute individuals are exempted from conscription. However, if the draft Joint Circular guiding the health examination for military service fulfillment is passed and takes effect, cases of mute individuals will no longer be exempted from performing military service.
