15:09, 31/10/2016
Citizens of military service age, regardless of ethnicity, social class, belief, religion, education level, occupation, or place of residence, are required to perform military conscription. This is a glorious duty, the responsibility of every citizen in protecting the peace of the country and the nation. Anyone who commits violations in the performance of a citizen's military conscription will be handled in accordance with the law of Vietnam.
Article table of contents
Decree No. 120/2013/NĐ-CP of Vietnam’s Government stipulates penalties for administrative violations against regulations on military conscription as follows:
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NO.
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Penalties
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Violations
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Violations against regulations on conscription registration
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1
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Warning
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Male citizens reaching 17 years old in the year and required to register for conscription if they fail to apply for initial conscription registration
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2
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VND 200.000 - VND 600.000
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Failure to apply for initial registration for conscription (excluding the case mentioned above)
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Failure to apply for supplemental conscription registration in case of change to name, address or workplace as per the law
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Failure to apply for modification of conscription registration prior to change of place of residence as per the law
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Failure to register for reserve force as per the law
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Violations against regulations on preliminary selection for conscription
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3
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VND 500.000 - VND 1.000.000
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Failure to be present at the time or location for preliminary selection stated in the call to preliminary selection for conscription without a legitimate reason
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Violations against regulations on health examination for conscription
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4
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VND 800.000 - VND 1.200.000
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Failure to be present at the time or location for health examination stated in the call to health examination for conscription without a legitimate reason
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5
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VND 2.000.000 - VND 4.000.000
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Alteration of health classification results by persons undergoing health examination for the purpose of conscription evasion
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Offering of money or other material benefits to healthcare officials and workers for the purpose of falsification of health classification results of persons undergoing health examination for conscription
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Deliberate alteration of health determinants of persons undergoing health examination for conscription by healthcare officials and workers
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Violations against enlistment regulations
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6
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VND 1.500.000 - VND 2.500.000
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Failure to be present at the assembling time or location stated in the enlistment order without a legitimate reason
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Violations against regulations on conscription in regular armed forces
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7
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VND 3.000.000 - VND 5.000.000
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Desertion during conscription in a regular armed force in peacetime which has not resulted in any serious consequence and for which the regiment-level military unit or equivalent has sent a notification of desertion and removal from personnel list to the commune-level People’s Committee and district-level military authority
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Sheltering and concealment of deserting soldiers
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Violations against regulations on performance of conscription
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8
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VND 1.500.000 - VND 2.000.000
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Failure to enable citizens to register for conscription, participate in preliminary selection for conscription, participate in health examination for conscription and comply with enlistment orders
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9
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VND 2.000.000 - VND 3.000.000
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Obstructing persons tasked with conscription registration, preliminary selection for conscription, health examination for conscription and execution of enlistment orders from fulfilling their duties
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10
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VND 3.000.000 - VND 5.000.000
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Failure to report or failure to sufficiently or accurately report list of male citizens reaching 17 years old in the year or list of female citizens aged 18 to 40 and having technical qualifications needed by the army
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Failure to report or failure to sufficiently or accurately report the numbers of reserve servicemen and persons ready to enlist in one’s unit per regulations
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11
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VND 5.000.000 - VND 10.000.000
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Failure to allow citizens who have completed conscription to return to the workplaces that they work for prior to conscription
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In addition, some violations related to the performance of military conscription may be prosecuted for criminal liability according to regulations of the Labor Code 1999 of Vietnam, specifically as follows:
Article 259. Evading military service
1. Those who fail to strictly abide by the law provisions on military service registration, fail to abide by the order for enlistment into the army, the summoning order for military training, have already been administratively sanctioned for such acts or have already been sentenced for such offenses, not yet entitled to criminal record remission but continue to commit such violations, shall be sentenced to non-custodial reform for up to two years or between three months and two years of imprisonment.
2. Committing the offenses in one of the following circumstances, the offenders shall be sentenced to between one and five years of imprisonment:
a) The offenders inflict injuries on themselves or harm to their health;
b) The offenses are committed during war time;
c) The offenders drag other persons into committing the offenses.
Article 261. Acting against the regulations on the performance of military service
1. Those who abuse positions and/or powers to act against the regulations on military service registration, the order for enlistment into the army and/or the summoning order for military trainings shall be sentenced to non-custodial reform for up to three years or between six months and three years of imprisonment.
2. Committing the offense during the war time, the offenders shall be sentenced to between two and seven years of imprisonment.
3. The offenders may also be banned from holding certain posts for one to five years.
Article 262. Obstructing the performance of military service
1. Those who deliberately obstruct the military service registration, the summon for enlistment into the army, the summon for military training, shall be subject to warning, non-custodial reform for up to two years or a prison term of between three months and two years.
2. Committing the offense in cases of abusing positions and/or powers or during war time, the offenders shall be sentenced to between one and five years of imprisonment.
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